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HomeMy WebLinkAbout11/04/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA NOVEMBER 4, 1998 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. ~_. #AB98-241 Minutes of Meeting - October 14, 1998 Minutes of Meeting - October 21, 1998 #AB98-242 ~' 5. 6. 7. CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) o NEW BUSINESS A. Professional Services Agreement for Anderson Cove CSO Facility Plan and Design B. Tower Lease Agreement with Pinnacle Towers, Inc. #AB98-243 I~ #AB98-244 ~ (CONTINUED ON BACK) Co Easement Grant to Puget Sound Energy for Bremerton Transportation Center #AB98-245 ORDINANCE A. Ordinance No. 4635 (Second Reading) Regarding the Grant of a Non-Exclusive Franchise to Falcon Video Communications #AB98-240 10. PUBLIC HEARINGS (TO BEGIN AT 6:00 P.M. OR LATER) A. Public Hearing on Revenue Sources for the 1999-2000 Budget Bo Public Hearing and Ordinance (First Reading) for Vacation of Undeveloped Alley between Yantic Avenue and Hartford Avenue Public Hearing on Resolution No. 2678, Establishing a Moratorium on the Development of Docks and Piers within the Channel between Oyster and Ostrich Bays #AB98-246 #AB98-247 #AB98-248 NOV-04-98 NED 12:53 PSNe PUBLIC ~FF~IRS F~X NO, 36047~0@37 Dst:e: Nov~,:~_~er 4,, ~998 FIRST DEPLOYMENT OF USS CARL VINSON SINCE AR~MNG AT BREMEK~N On November 6, the aircraft carrier USS CARL VINSON (CVN 70) and more than 2,500 Sailors will depart Naval Station Bremerton for a six-month ~our of the Western Pacific, Indian Ocean and Arabian Gul~. This will be the first deDloymen~ for CARL VINSON since arriving at its new Bremerton home port in January 1997. ~e~ia are invited =o attend the departure, set for 7 a.m. on Friday, November 6. Commanded by Captain David Crocker, the 95,000 ton ship serves as con,and platform for the CARL VIN$ON Dattle Group, led by Rear Admiral Alfred G. ~arms. Jr., who serves as Commander, Carrier Group Three. During uhe deployment, CARL VIN$ON is expccte~ to support multinational interception forces in enforcing sanctions against prohibited oil ~ransport~ from Iraq, and with Carrier Air Wing 11 fly daily mi~ions in direct support of Operation Southern Watch. "The deployment w~ll be 180 days long," said Captain Crocker. "Rest assured, CARL VIN$O~ and her crew are ready to serve ~n any capacity rmquired, whether it be to engage an enemy in conflict, provide medical care or volunteer support in rebuilding a school or just making our presenc~ known to tip the scales in favor of peaceful resolution." Crocker said crewmembers would miss a lot back home durin~ ~his deployment, but accept the sacrifices. "If you look at a calendar, you realize the5 ~hese patriots are going to mi~s Thanksgiving, Christ-mas, Valentine's Day, Easter and numerous other ~pecial days that include a/3/%iversaries and birthdays with their loved ones. They don't like being away, but they under~tand the commitment they have made when they =ook the oath to supporK and defend the consti=u=ion of the United ~tates." AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: MINUTES OF MEETING -- OCTOBER 14, ]998 FOR AGENDA OF: ORIGINATING DEPT. ORIGINATOR: DATE SUBMITTED: NOV 4, 1998 CITY COUNCIL DAVID FARR OCTOBER 29, 1998 CLEARANCES: (comment on back if necessary) EXHIBITS: APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: A AGENDA BILL NO: TAPE #1575 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES OCTOBER 14, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 14, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Sam Rachal, Jr. of Mt. Zion MisSionary Baptist Church. President Farr made the following announcements: (1) The City Council held a Study Session prior to the Council meeting, 5:00 - 5:30 P.M., in the Council Conference Room, to discuss general Council business. (2) City Council will hold a Study Session immediately following the Council meeting tonight, in the Council Conference Room, to discuss "Self Insurance Retention Level Options". (3) City Council will hold Study Sessions November 5, 9, 12, 17, and 19, in the Council Conference Room, each beginning at 5:30 P.M., to discuss the 1999/2000 Budget. CONSENT AGENDA None CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council #0080 MISICIU(MontgomerylArends) On October 14, 1998, the Council does approve for payment those vouchers included and further described as follows: 224572 through 224751 in the amount of $347,662.96. COUNCIL MEMBER REPORTS Mr. Montgomery announced a Ferry Advisory' Meeting Monday, October 19, 1998, 6:30 P.M. to 8:30 P.M. to be held in the City Council Chambers, Room 212. At 7:30, Legislative candidates from the 23rd, 26th, and 35th Districts will be available to answer questions. The program will be televised by BKAT. TAPE #1575 City Council Reg. Mtg. Minutes October 14, 1998 Page 2 of 6 Mrs. Arends welcomed three new businesses to the Callow and Charleston Business District: TJ's Gear & Trim Shop, the new Maytag Appliance store, and the China Harbor Restaurant. Mr. Shepherd enjoyed the Mystery Theater and dinner at the Admiral over the weekend. He also encouraged citizens to "spend their money in Bremerton". Mr. Overson announced that he would be out of town for the next two weeks. He wished everyone a Happy Halloween, and encouraged citizens to vote. Mr. Law announced the next District 3 meeting to be held Tuesday,_ October 20, 1998, 7:00 P.M., at the Senior Center. The topic will be "Traffic & Law Enforcement in Manette". Mr. Olsen announced that he would also be gone for two weeks. He wished everyone a Happy Halloween, and announced the annual Seafood Dinner for the Central Lions Club would be held on Saturday, October 24, 1998. Tickets are available from any Lions member for $25.00. President Farr spoke about a "lively" Council discussion held during pre-Council on the 1-200 issue. He announced that next week, there would be a Resolution on the Agenda Opposing the Initiative. Bill Eley, Information Services Manager, handed out the City's Draft Overview Plan for the year 2000, and provided a summary. He also addressed the concerns on how the City's computer system will handle the issue of the year 2000. PUBLIC RECOGNITION Becky Lorber, Parks & Recreation Department/Senior Center, invited the public to the 26th annual Senior Fair this Friday and Saturday at the Sheridan Park Community Building. She announced that 87 exhibitors will be participating, and there will be food and entertainment. Dale Dewey, President of Crown Hill PTA, invited the public to attend a Craft Fair to be held November 7 at Crown Hill Elementary School on Rocky Point. Gwendolyn Shepherd, Second Vice-President of the NAACP, invited the public to attend a rally on Saturday, October 17, at Olympic College at 7:00 P.M. LEGISLATIVE REPORT Tom Knuckey, Senior Engineer, provided a response to questions asked by John Becker at the September 2, 1998 City Council Meeting regarding the cost of fluoridation. 1) How much money has been spent to-date on fluoridation? Expenditures for design and construction at the Corrosion Control and Fluoridation Facility (CCFF), and pre- TAPE #1575 City Council Reg. Mtg. Minutes October 14, 1998 Page 3 of 6 design activities at the well sites have been approximately $154,000; 2) What is the total cost of the project? In 1997, approximately $36,000 was spent on pre-design. The 1998 budget for design and construction is $300,500. The total annual cost will be $90,000 per year, including O&M and annualized capital costs. 3) How much of the cost will come from citizens on their water bill? About $1.80 per person, per year, or approximately .40 cents per household per month. 8A - TOWER LEASE AGREEMENT WITH AIRTOUCH COMMUNICATIONS, INC., #AB98-229 Currently, AirTouch has an existing tower lease at Alexander Lake. This lease agreement renews their lease for an additional seven years commencing retroactively to August of 1997. Compensation of $600 per month with an annual CPI factor will be renegotiated after year four. AirTouch will pay $300 per year to help maintain the access road to the site. Kathleen McCluskey, Administrative Services Director, stated that this sight is 2.5 miles west of Pendergast, and referred to a map that pinpoints the location. The City worked with a consultant to ensure that the current market rate is considered. She went on to describe other features of the lease. Mr. Andy King representing AirTouch was available to answer questions, and to state that the lease was agreeable to his Company. Public comment - none. Mr. McConnell asked for clarification of "substantial expansion". Ms. McCluskey stated it would be anything that impacted the City's ability to use the tower, or the potential to co-locate. Mr. Law asked who owned the tower. Ms. McCluskey answered that the City owns the tower, but explained that "renewal" language was not used because the City does not want to grant a right to an automatic renewal. #1270 MISICIU (Montgomery/Olsen) Motion to approve Lease Agreement with AirTouch Communications, Inc. 8B - BID AWARD RECOMMENDATION IMAGING SYSTEM AND BUDGET ADJUSTMENT NO. 98-31, #AB98-230 Proposals were prepared, advertised, distributed, and received in accordance with accepted Call for Bid procedures for an electronic imaging and information storage/retrieval system. The purpose of the request for proposals was for the acquisition and installation of hardware and software and training to provide the City with the capability of scanning and storing documents on CD-ROMS media, and making them accessible via the City's computer network. It is intended that the City Clerk Records, Police Records, and Utility Billing History archival records shall be the first application using imaging technology. TAPE #1575 City Council Reg. Mtg. Minutes October 14, 1998 Page 4 of 6 Ten proposals were received and evaluated by staff. VVhile all of the proposed solutions could probably perform the required tasks, the evaluation reflected that Archive Index Systems is the least expensive product overall and the one that can be most economically expanded at a later date to accommodate additional imaging projects. Archive Index Systems offers the lowest unit charge for training and consulting. The proposed system is installed and operating in the cities of Kent, Bainbridge Island, Port Angeles, and Ferndale. Additionally, a similar system is installed at the Washington State Department of Ecology, Water Quality Department, Olympia. Kathleen McCluskey, Administrative Services Director, stated that the City does not plan to buy all of the equipment now due to prices on this type of equipment c~)ntinuing to go down, along with the equipment continuously improving. However, she is asking for approval of the full amount tonight so that she will not have to return in a couple of months to have the rest of the project funded. She talked of the many valuable benefits this system will provide to the City. Public comment - none. Mr. Montgomery asked how long it would take to complete the first phase of this project? Ms. McCluskey stated that it is hoped the system will be in place and training started in approximately 30 days, and in full swing by the first quarter of 1999. She also discussed the legality of disposing of certain records, and that some would still be kept for historical purposes. Mr. McConnell wanted to clarify why we were only doing a Budget Adjustment for the Police Department. Ms. McCluskey responded that the original plan was to include all the General Fund departments with the $30,000. However, since the Police Department had a huge need to put records in storage, and separate from the rest of City records, it was decided that it made sense to purchase their own, stand-alone system. #1877 M/S/C/U (MontgomerylArends) Motion to accept the proposal by Archive Index Systems for the electronic imaging and information retrieval system in the amount of $52,217.55 (including tax) as to specifications, and approve Budget Adjustment 98-31 within the Police Department Budget and approve acquisition of additional licenses and components for 1999 expansion, not to exceed $17,000.00. 8C - 1999 CDBG CITIZENS ADVISORY RECOMMENDATIONS~ #AB98-231 The City of Bremerton will receive an estimated $550,000 in Community Development Block Grant Funds for 1999 from HUD. Applications for funds were accepted on August 18. We received 32 applications requesting $1,270,065.00. City staff reviewed the applications to determine that they met threshold requirements and were consistent with HUD regulations. The Citizens Advisory Committee (Roy Mclnnis, Tina Davis, and David Willis) reviewed the applications, interviewed each applicant, and rated the project in accordance with the approved action plan. The Advisory Committee's recommendations are attached to the Agenda Bill. TAPE #1575 City Council ROg, Mtg. Minutes October 14, 1998 Page 5 of 6 Debbie Peavler-Stewart, Administrative Analyst, Department of Community Development, thanked all Committee members for their hours of dedicated service, and stated that she and Marylyn Waibel were available for questions. President Farr took this opportunity to also thank the members for all of the work and hours they put in serving on this committee. Roy Mclnnis stated the difficulty the Committee faced in disbursing the amount of grant money available to the City this year to all the groups requesting funds. To make it easier for future committees, he urged groups to be conservative with the amount of money they request for their programs. He thanked City staff members for all their assistance. Wanda Butler,, Member of the Board of Directors for the Kitsap Day Care Association, announced they were pleased and very grateful to have their capital project recommended for funding by the CDBG Citizens Advisory Committee. Joanne Gower, Kitsap Sexual Assault Center, thanked the Committee for funding their child abuse intervention program, and gave further details about services offered to families in the area. Elnor Rin.qland, North Kitsap Habitat for Humanity, also thanked the Committee, and stated they are currently seeking families in the Bremerton area for two current projects -- building safe, affordable housing. #2485 M/S/C/U (Montgomery/Arends) Motion to approve the Citizen's Advisory Committee recommendations as presented. 9A- RESOLUTION NO. 2674~ PLACING THE FLUORIDE INITIATIVE PETITION ON THE FEBRUARY 2~ 1999 SPECIAL ELECTION, #AB98-232 The County Auditor certified the Fluodde Initiative Petition on September 25, 1998. RCW 35.17.260 provides for the matter to be presented to the Council within 20 days of certification of sufficiency of signatures. The Council must either: A. Pass the Ordinance as proposed in the Initiative Petition stating the water supply of the City of Bremerton shall not be artificially fluoridated; or Pass Resolution No. 2674 authorizing the placing of the proposition on the February 2, 1999 Special Election. Public comment - none. #2575 MISICIU (Arends/Montgomery) Motion to pass Resolution No. 2674 placing a proposition on the February 2, 1999 Special Election. TAPE #1575 City Council Reg. Mtg. Minutes October 14, 1998 Page 6 of 6 9B - RESOLUTION NO. 2675~ SETTING PUBLIC HEARING DATE FOR VACATION OF UNDEVELOPED ALLEY BE'I'WEEN YANTIC AVENUE AND HARTFORD AVEN U E, #AB98-233 The City Council, as the legislative body, must establish a public hearing date, by resolution, to consider the vacation request of Michael Thomiley, owner of parcels on both sides of an undeveloped alley within Block 3 of the Charleston Navy View addition. Due to the "Appearance of Fairness Document", Council President Farr turned the remainder of the meeting over to Vice-President Montgomery. Public comment - none. #2698 MISICIU (Overson/Reed) Motion to pass Resolution No. 2675, setting the Public Hearing date of November 4, 1998 to consider the alley described in the ordinance be vacated, and revert to the ownership of adjoining property owner. With no further business, the meeting adjourned at 7:05 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/Is C: Normal Distribution FileNault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: I'll NUTES OF MEETING -- OCTOBER 21, 199~ FOR AGENDA OF: ORIGINATING DEPT. ORIGINATOR: DATE SUBMITTED: NOV 4, 1995 CITY COUNCIL DAVID FARR OCTOBER 30, 1998 CLEARANCES: (comment on back if necessary) EXHIBITS: APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: AGENDA BILL NO: TAPES #1576 & #15'~:7 U-~APPROVED DRAFT CITY COUNCIL MEETING MINUTES OCTOBER 21, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, October 21, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, John Law, Cecil McConnell, and Wayne Olsen (arrived 6:20 P.M.). Council member Lon Overson was absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Fart, and invocation given by Council member Carol Arends. President Farr made the following announcements: (1) The City Council held a Study Session to discuss general Council Business, followed by a 20-minute Executive Session prior to the Council meeting, 5:05 - 5:25 P.M., to discuss "Labor Negotiations". CONSENT AGENDA A. Minutes of Meeting - September 23, 1998 #AB98-234 #0023 M/SIC (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. Vote on Motion: In Favor: McConnell, Law, Shepherd, Arends, Montgomery, and Farr Abstain: Reed Motion passed. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. #0052 M/S/C/U(Montgomery/Arends) On October 21, 1998, the Council does approve for payment those vouchers included and further described as follows: 224771 through 224966 in the amount of $366,603.14; and Regular Payroll for the period ending October 15, 1998 in the amount of $766,398.26. TAPE #1576 & #157~' City Council Reg. Mtg. Minutes October 21, 1998 Page 2 of 7 COUNCIL MEMBER REPORTS Mr. Law reported the District #3 meeting held last night went well, with good attendance. He thanked Sgt. Tom Pratt for his excellent presentation, and for providing some insight into the operations of the Police Department. Mr. Shepherd presented some information about the Bremerton High School Drama Department, and the upcoming drama M*A*S*H. He encouraged the public to attend. Mrs. Arends announced the next Bremerton High School football game this Friday night. She was concerned about an article in the Sun today about threatened possible closure of the Frances Haddon Morgan Center, and will provide further details as they are received. Mr. Montgomery reported that a very "lively" Ferry Advisory Committee meeting was held Monday night, and will be telecast on Thursday, October 22, 10:30 P.M.; Tuesday, October 27, at noon; and Friday, October 30, at 10:00 A.M. He notified the public about a "Radar Speed Trailer" that will be in various areas throughout the City. It will clock your speed to assist people in being aware of the speeds they are traveling. He also notified the public about a Public Hearing at the November 4 Council meeting to discuss an extension on the moratorium to prohibit docks & piers between Oyster Bay and Ostrich Bay. Last, he announced a program by the Navy held last night to discuss home porting ships on the West Coast. Mr. Farr informed the public that he saw the finishing touches of the hydroseeding at Haddon Park at 15th & Lafayette. He was glad to see the progress, and stated it is a very welcome addition to the neighborhood. PUBLIC RECOGNITION Ed Pietras provided a second announcement of the 16th annual Spaghetti Feed to be held this Saturday. Stephen Moshay, Bremerton High School student, invited the public to the Bremerton High School Drama M*A*S*H, October 22, 23 & 24, 7:30 P.M. General Admission is $5.00 with tickets available at the door. For further information call 478-6033. He thanked everyone for their support. Shawn Hartley, owner of Touch of Leather, followed up on his concerns about parking. Elizabeth Buell, Bremerton resident, also voiced her continuing concern about parking being regulated on Sundays. TAPE #1576 & #1577 City Council Reg. Mtg. Minutes October 21, 1998 Page 3 of 7 8A - U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTr=n POLICING SERVICES (COPS), SMALL COMMUNITIES GRANT PROGRAM, #AB98-235 The City has been awarded $30,000 from the U.S. Department of Justice for two full-time officers in the time period 9/01/98 to 8/31/99. The Mayor must accept this Small Communities Grant within 45 days. We request for the Mayor to accept. These funds will be included in the 1999 budget and will be presented to the Council during budget review. Chief Paul Du Fresne, Bremerton Police Department, stated this would provide an additional year of funding for the two officers. Public comment - none. #0600 MISICIU (Montgomery/Shepherd) Motion to accept this Small Communities Grant. 9A - RESOLUTION NO. 2677, AUTHQRIZ_!N(~ APPLICATION FOR AQUATIC LAND ENHANCEMENT ACCOUNT (ALEA) GRANT FOR SMITH COVF DEVELOPMENT PROJECT, #AB98-236 The Parks & Recreation Department presented the Smith Cove Development Project to the lAC in August, and we have received word that this project placed 13 out of 78 local parks projects. This list will be recommended to the Governor, then will progress through the legislative process for funding. Our ranking is very encouraging and the potential for lAC funding is good. The Parks & Recreation Department is now applying to Aquatic Land Enhancement Account (ALEA) for a development grant of half of the estimated costs for this same project utilizing the aforementioned lAC grant as a portion of the match. The total cost of the project is estimated at $1,716,742, with the ALEA requested match being 50% of this value, or $858,371. Attached is a resolution, which demonstrates the City's support for the project. This is a grant application requirement. Jodi Wroblewski, Assistant Parks Director, stated this was part of the application process for the grant. This funding will reduce the amount of City funding involved. Public comment - none. #0785 MISICIU (Montgomery/Shepherd) Move to adopt Resolution No. 2677 authorizing the Mayor to submit the grant application Resolution Authorizing Application for Aquatic Land Enhancement Account (ALEA) Grant for Smith Cove Development Project. TAPE #1576 & #157~' City Council Reg. Mtg. Minutes October 21, 1998 Page 4 of 7 9B- RESOLUTION NO. 2676, OPPOSING INITIATIVE MEASURE 200 #AB98-237 Under the provisions of RCW 42.17.130, the City Council will consider a Resolution of Opposition to Initiative Measure 200. The Ballot Title of this Initiative is "Shall government be prohibited from discriminating or granting preferential treatment based on race, sex, color, ethnicity, or national origin in public employment, education, and contracting.'?" The opposing view will be afforded approximately equal opportunity of expression. President Farr announced that this was the first time the City Council considered a measure such as this. It was not universally supported by all of the Council members to consider this measure here tonight for vadous reasons. He urged everyone to conduct themselves in an appropriate and respectful manner. Citizens who spoke in support of the City Passing Resolution No. 2676, O~);3osin,q Initiative Measure 200: Charlotte Garido, Kitsap County Commissioner Matt Ryan Jean Black, Small Business Owner Shirley Crutcher, former Councilman Patricia M. Thomas, Educator in SK School District Debra Jackson, President of NAACP Paul Stanbery Sean P. Green, Chairman for Kitsap County Council on Human Rights Dr. Nancy E. Gill, College Professor and NAACP member Leroy Williams, Iongtime Bremerton resident and appointed member of the Washington State African Affairs Commission Dolores Doninger Abdulah Mustafa, business owner, NAACP and Urban League member Marti Stanbery Jeanni Johnson, retired Director of Kitsap County's HEAD Start programs, and past President of NAACP Roy Mclnnis Gwendolyn Shepherd, Vice President of NAACP Al Colvin, former City Councilman Citizens who were opposed to the Council taking a stand on this Initiative: Ruth Natividad TAPE #1576 & #1577;' City Council Reg. Mtg. Minutes October 21, 1998 Page 5 of 7 TAPE #1577 Mr. MontRomery gave a brief history of his past with the Navy, and the instructions he was given to discriminate against minorities while hiring. He gave examples where he went against this order to hire qualified minorities, and they went on to have successful careers. He stated that he has never favored discrimination of any kind, nor did he favor choosing a person for a job he is not qualified for, regardless of who he or she is. He polled constituents in his district to be sure he represented their interests. Mr. McConnell felt the City was in "uncharted" waters with this Resolution. He stated that the City Council has always been, as defined by law, a nonpartisan, nonpolitical body, that has kept "hands-off" all ballot issues. He clarified that his vote tonight was not "for" or "against" 1-200, but rather against the way this issue came to Council. He did not like the divisiveness this issue has caused the Council members among themselves and with the public. He also stated he only received one phone call on the issue, which was from a constituent who's only concern was that Council should not have this issue on their Agenda. He felt that individual members who wished to take a public stand on ballot issues might do so in another way. Mr. Reed stated that he was elected by District 9 to represent their views on legislative issues that affect the City. He felt it was not the Council's position to make political statements, or to influence the community one way or another on how a vote should be taken. In addition, he has had very little input from his constituents on this issue, so he does not even feel qualified to cast a vote for them. Personally, he does not approve of any type of discrimination, and he does approve of equal rights for women. Mr. Olsen agreed with many of the statements made by Mr. McConnell and Mr. Reed. He stated that as a Councilman, he did not have the dght to tell the voters how to vote on a state issue. He has not had any phone calls from his constituents on this issue. He further stated that this issue should never have gone on the Council Agenda as a Resolution. He read the rules and regulations of the Council, and even asked one of the original Councilmen, who helped generate them, why was it written that no initiative or ballot issue could be talked about? The answer was, to keep the Council from becoming a "political arena". Mr. Law stated that he had some contacts regarding this issue. One was to support the proposal, but all the others stated they did not believe the Council should be dealing with this issue. He agreed with Mr. McConnell, that once the door was open to this initiative, where do we stop. He stated that as a City Councilman, he was not able to tell a citizen how to vote. He would be happy to talk with anyone on an individual basis. TAPE #1576 & #1577 City Council Reg. Mtg. Minutes October 21, 1998 Page 6 of 7 Mrs. Arends stated she realized there were earnest people on both sides of this issue, and that it was a very important issue. She has personally spoke out opposing 1-200, so therefore, she supported this issue on the Agenda. She speaks as an individual, and is not trying to tell anyone how they should vote or how they should think. She does want to put herself on the record as saying society has come a long way, but still has a long way to go. She did not want to see affirmative action removed. Mr. Montgomery stated that voting either way on this Resolution was not telling people how to vote. It was a vote stating that the City will not discriminate. President Farr stated that he was aware this issue has divided the Council, but he pointed out that many issues divide this Council, and if they didn't, this Council would not be doing their job. He felt there were two issues here - one was the vote that was going to happen, and two, whether or not this issue should be on the Agenda. He felt this offered a forum for people to speak. It was very orderly tonight, and everyone conducted themselves in a respectful manner. He urged his fellow Council members to vote in support of this Resolution. Mr. Shepherd stated that he also believed that procedurally, this was not a correct approach. However, since this issue was now before them, the vote would reflect the proposition itself. As a matter of importance to the City of Bremerton for its economic and cultural development, he urged those Councilman who were voting "no" due to a "procedural" concern to reconsider, and vote for the future of Bremerton. President Farr wanted to address the issue of whether or not it was proper for the Council to deal with this issue. He urged the Council to look at the other cities in other communities who did have the courage to stand up and take a stand on this issue. He asked why was Bremerton, a community with a very large minority population, excluded from also taking a stand? #0925 M/SIC (Shepherd/Arends) Move to adopt Resolution No. 2676 that affirms the City of Bremerton's commitment as an employer to the principals of equal opportunity and diversity in its workforce, and preservation of affirmative action to implement the City's objectives. Vote on Motion: Motion passed. In Favor: Opposed: Abstain: Montgomery, Arends, Shepherd, Farr McConnell, Reed, Olsen Law TAPE #1576 & #1577 City Council Reg. Mtg. Minutes October 21, 1998 Page 7 of 7 With no further business, meeting adjourned at 7:35 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/Is C: Normal Distribution FileNault AGE~-DA BILL BREbfERTON CITY COI/NCIL 1. SUBJECT: ANDERSON COVE CSO FACILITY PLAN AND DESIGN - PROFESSIONAL SERVICES FOR AGENDA OF: NOVEMBSR 4, 1998 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City Eng./%=~ DATE SUBMITTED: OCTOBER 19, 1998 2. CLF~E~.; {Comment on back /~/ ~ // if necessary) ~k~d~o~ P~u~i~orks. & Utilit'es Cit~ Treasu~~.~ isca C~cil Operations Co~ittee o EXHIBITS: 1. Professional Services Agreement 2. Location Map ENDORSEMENT~ MAYOR INFORMAT I ON [] A~PROVED BY COI/NCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESI 4. SUMF~%RY STATF/~ENT AND REQUIRF~qENT FOR COUNCIL ACTION: Six consultants were selected from the professional services roster and evaluated. HDR Engineering, Inc., was identified as having a demonstrated ability in planning and design of Combined Sewer Overflow (CSO) reduction improvements to meet Washington State Department of Ecology (WSDOE) requirements. A scope of work was developed with HDR for development of a Facilities Plan {predesign report meeting EPA and WSDOE guidelines,) and also final design of the improvements. The scope of work and budget for final design will be developed during completion of the Facilities Plan, and will be presented to the City Council for approval at a later date. The action before the City Council is approval of a contract for Professional Services with HDR Engineering, Inc. 5. RECOb~qENDATION: The City Council approve a contract for $88,300 with HDR Engineering, Inc., for Professional Services, and authorize the Mayor to execute the same. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCF~ENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] COUNCIL DIRECTIVE: APPROVED [] DISAPPROVED [] AMENDED [] 8A 2. CLF~CE COMMENTS: 3. SUMM~/~Y STATEMENT AND REQUIR~/~ENT FOR COUNCIL ACTION - Continuation 5. I~LPACT ON NON-PASSAGE: Design and construction of CSO reduction improvements to the Anderson Cove Drainage Basin will be delayed. 6. I~IPACT ON ST~tFFING, BUDGETS, FACILITIES, EQUIPMENT ~ OTHER RESOURCES: Staffinq: No Impact. Budget: This project is included in the 1998 budget and sufficient funds exist to do this work. An expenditure from the Wastewater Utility Capital Fund of $88,300 is necessary. Facilities/Equipment: No impact. 7. RESF2tRCH SOURCES: OF-8 r~ LEGEND ~e [] EB-7 O Wastewater Comprehensive Plan Service ASrea Boundaw Basin Boundary .... City Limits Existing Gravity Sewer Existing Force Main Existing Gravity-Pressure Sewer Existing CSO Ouffall Existing Pump Station & No. Existing CSO Regulator Existing Pump Station To Which Modifications Are Proposed & Nc · Pipe Size OF-9 . OF-10A 6TH ST. _' 15TH ST. :, _,.' > 11 TH ST. 1,000 2,000 Scale in Feet Anderson Cove Basin PROFESSIONAL SERVICES AGREEMENT HDR Engineering Inc. THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and HDR Engineering (hereinafter referred to as "Consultant"). WITNESSETH: 1. SCOPE: Consultant agrees to provide engineering services for development of a facility plan, and design services for the Anderson Cove Drainage Basin, as further described in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit "A". 2. TERM: Contract shall commence on the date of this agreement and will terminate on October 31, 1999., unless otherwise extended by the City. 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed Eighty-eight Thousand Three Hundred Dollars ($88,300.00). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. The description of services on Exhibit "A" includes reference to Design services, Series 300 Tasks, which will be paid for by the City at the rate set forth in Exhibit "B". The detailed scope and budget for the Series 300 Tasks will be defined during the performance of Series 200 Tasks, and may exceed the "not to exceed" amount set forth above; however, said services will only be performed, and compensated by the City after the City has directed such performance in writing and as approved by the City Council during the performance of Series 200 Tasks. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that HDR Engineering, Inc. is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties. Consultant shall work under the direction of the Director of Public Works & Utilities. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial PROFESSIONAL SERVICES AGREEMENT --1-- HDR.PSA - 10/16/98 insurance coverage for its personnel as required by State taw. 6. LICENSE AND TAXES: Consultant shall >cs5ess a current Bremerton Business License and any regulatory license required to fulfill Consu?-.~z's obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this .-" _-._._.~eement, assigns any payments due under this Agreement to the City Clerk for payment of such ~"x~ that have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Consultam <~all provide professional liability or errors and omissions insurance of $1,000,000 per claim md comprehensive general liability insurance, including bodily injury and property damage, o£ a~ :east $1,000,000 per occurrence. The City shall be named an additional insured on the comprehen=5-,-e general liability insurance policy. Consultant shall, at all times, be responsible for the he, gent or wrongful acts or failures to act of its personnel which occur or arise in any way om o£ 5ne performance of this agreement. Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected officers and employees, from and ~ainst any and all liabiiiv,-, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, becauz-e of actions, claims or lawsuits for damages resulting from personal or bodily injury, including &ath at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this A~eement, if such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors. ~ agents or assigns. This provision shall be inapplicable to the extent such damage or injury is .:udicially found to be caused by the negligence of the City. The parties have specifically negotiated to provide ~ Consultant defend, hold harmless, and indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such rimes and in such forms as the City may require, shall furnish the City such reasonable periodic r .eporu and documents as it may request pertaining to the work or services undertaken pursuant to thi~ Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreemems, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A & B". PROFESSIONAL SERVICES AGREEMENT -2-- HDR.PSA- 10/16/98 ~0 c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA 98337 HDR En~ineering 500 - 108~' Avenue NE Bellevue, WA 98004-5538 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - 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. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex,. religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. 11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connections with Consultant's services. PROFESSIONAL SERVICES AGREEMENT -3- HDR.PSA - 10/16/98 12. OPINIONS OF PROBABLE COST (COST ESTIMATES): Any opinions of probable project cost or probable construction cost provided by Consultant are made on the basis of information available to Cor~altant and on the basis o£ Consultant's experience and qualifications, and represents i~ ~udgment as an experienced and qualified professional engineer. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares. 13. CONSTRUCTION PROCEDURES: Consultant's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with ~plicable contract documents. Consultant shall not control or have charge of. and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, super~q, se. control or have charge of construction. Further, Consultant shall not be responsible for the acts or omissions of the contractor or other parties on the project. 14. RE-USE OF DOCLLMENTS: All documents, including all reports, drawings, specifications, computer sof~vare or other items prepared or fumished by Consultant pursuant to this Agreement, are instruments of service with respect to the project. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorney's fees. arising or resulting therefrom. 15. HAZARDOUS MATERIALS: City represents to Consultant that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present. City represents that it has disclosed to Consultant the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that Consultant's scope of services do not include services related in any way to hazardous materials. In the event Consultant or any other party encounters undisclosed hazardous materials. Consultant shall have the obligation to notify City and, to the extent required by law or regulation, the appropriate governmental officials, and Consultant may, at its option and without liability, for consequential or any other damages to City, suspend performance of services on that portion of the project affected by hazardous materials until City: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) wan'ants that the project site is in full compliance with all applicable laws and regulations. City acknowledges that Consultant is performing professional services for City and that Consultant is not and shall not be required to become an "arranger.- "operator," "generator."" or "transporter" of hazardous materials, PROFESSIONAL SERVICES AGREEMENT -4- HDR.PSA- 10/16/98 as defined in the Comprehensive Environmental Response, Compensation, and Liabiliw Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with Consultant's services under this Agreement. If Consultant's services hereunder cannot be performed because of the existence of hazardous materials, Consultant shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law', City shall indemnify and hold harmless Consultant, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of Consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate City to indemnify any individual or entity from and against the consequences of that individual's or entity's negligence or misconduct. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: BY: CITY OF BREMERTON Date: DEPARTMENTAL APPROVAL: BY: LYNN S. HORTON, Mayor W. Eugene Sampley, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEENL. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -5- KDR.PSA - 10/16/98 EXHIBIT A CITY OF BREMERTON ANDERSON COVE CSO REDUCTION PROJECT SCOPE OF WORK INTRODUCTION The Anderson Cove Drainage Basin is within the City of Bremerton (City) and contains combined, sanitary, and storm sewers. During storm events the system may discharge untreated combined sewage to the adjacent Port Washington Narrows at 5 sites. Current Washington State regulations require that combined sewer overflows (CSOs) be reduced to an average of not more than one untreated event per year per overflow site. The purpose of this contract is for HDR Engineering, Inc. (Consultant or HDR) to develop a Facility Plan identifying the selected alternative for reducing CSOs from the Anderson Cove Basin. Upon approval of the Facilities Plan by the City and WSDOE, and at the direction of the City, HDR shall proceed ahead with the design of improvements associated with two of the five overflow sites. HDR will lead the development of the Facility Plan and will coordinate the activities required by the City, subcontractors, and subconsultants. SERIES 100 TASKS - PROJECT MANAGEMENT Task 101 - Project Management, Coordination, and Meetings Consultant Responsibilities: 1. Contracting and internal project controlling and accounting 2. Staff administration and scheduling 3. Subcontractor administration 4. Monthly reports and invoices 5. Attend coordination and review meetings Assumptions: 1. Standard invoices and reports will be prepared on a monthly basis 2. HDR standard monthly invoice format will be utilized. This format contains an itemized list of project staff who charged to the project, hourly rates, number of hours charged, and Other Direct Charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with the invoices unless specifically requested by the City. Backup information will be City of Bremerton 1 Scope of Work ,4nderson Cove Basin available in HDR files for inspection by City project auditing staff, if requested by the City. The City will maintain the role of overall project coordination with other governmental agencies. Two subcontractors (ESM and Geo Engineers) will be used to support the planning and design services required of HDR. ESM will provide surveying work and Geo Engineers will provide geotechnical assistance. The amount of geotechnical work required if any will be determined during the development of the Facility Plan. Work Products: 1. Monthly reports with descriptions of the work performed and cost of associated work. 2. Monthly standard invoice SERIES 200 TASKS - FACILITY PLAN DEVELOPMENT Task 201 - Planning Information Consultant Responsibilities: 1. Planning information provided by the City will be incorporated into a technical memorandum documenting the planning aspects of Anderson Cove. The description will include the service area of the Anderson Cove Drainage Basin, the subbasins within this service area, the existing and projected population, and the existing and projected land use of the basin. 2. Wastewater Characterization - The characteristics of wastewater and combined sewer overflows originating from within the Anderson Cove Drainage Basin will be included in the technical memorandum. Assumptions: 1. The Anderson Cove Drainage Basin consists of five combined sewer overflow sites. City Responsibilities: 1. The City will provide existing (1996) unrectified aerial photographs in electronic format of the Anderson Cove Drainage Basin. 2. City base maps illustrating the known sanitary, combined, and storm sewers of the basin will be provided to HDR. 3. Provide existing electronic GIS or other base mapping. 4. Actual drainage basins and subbasins of the Anderson Cove Drainage Basin are identified in existing utility maps which have been provided to HDR. 5. Provide the existing and future population and land use projections. 6. Provide basin wastewater quality information. 7. The City will provide design standards required for both sanitary and storm sewers. City of Bremerton 2 Anderson Cove Basin Scope of Work Work Products: 1. Technical memorandum formatted as the planning section of the Facility Plan. Task 202 - Existing System Consultant Responsibilities: 1. The sanitary, combined, and storm sewer system will be illustrated in a figure to be included in the facility plan. The figure will identify pump stations and overflow structures. 2. Estimates of the impervious area tributary to the combined, sanitary, and storm systems will be developed based on the known sources of inflow identified by the City. City Responsibilities: 1. The City will provide existing figures illustrating the existing combined, sanitary, and storm sewer system. The figures will be incorporated into the Existing System section of the Facility Plan. 2. The City is conducting smoke testing of the Anderson Cove Drainage Basin and will conduct limited dye testing and video inspections of the sewers. The City will prepare a map identifying the houses with roof drain leaders connected to the combined sewer system. 3. Known defects of the sewer pipes will be identified on a map and provided to the Consultant. 4. The City will provide details of the existing pump stations that serve the basin including the number of pumps per station, pumping capacities, pump motor sizes, design drawings if available, and record drawings if available. 5. Provide schematic drawings of the overflow structures and piping in the vicinity of the overflows will be provided to HDR. Assumptions: 1. No further investigations will be conducted to identify sources of inflow other than the smoke and dye testing performed by the City. Work Products: 1. A figure to be included in the Facility Plan illustrating the sewer system. 2. Technical memorandum formatted as the Existing System section of the Facility Plan. Task 203 - Existing Flows and Rainfall Consultant Responsibilities: 1. Dry weather flow characteristics from both winter and summer will be included in the report. 2. The infiltration rates in the basin will be estimated based on the observed dry weather flows during both the wet and dry seasons. Infiltration will be expressed in gallons per day per acre of sewered area. 3. Estimates of per capita flow will be developed based on the dry weather flows and the population estimates provided. City of Bremerton 3 Anderson Cove Basin Scope of Work Rainfall patterns and design storms will be described in the report based on information provided by the City. Wet weather flow characteristics based on rainfall from specific storm events will be described in the report along with figures illustrating the storm flow hydrographs along with the rainfall. The information will be developed based on monitoring performed by the City. The wet weather flow data will be evaluated to determine the level to which the system experiences rainfall induced infiltration and inflow. City Responsibilities: 1. Dry weather and wet weather flow data from the drainage basins along with the corresponding rainfall data acquired by the City will be provided to HDR. 2. The City will perform a frequency analysis on the rainfall data collected from rain gauging stations from within the City. The analysis will establish the return frequency of 3 hour, 6 hour and 24 hour - 1 year storms. Assumptions: None Work Products: 1. A technical memorandum formatted as a section of the Facility Plan will be prepared summarizing the flow characteristics of wastewater flows from the basin. Task 204 - System Modeling Consultant Responsibih'ties: 1. The most recent version of HydraTM, version 6.0, will be purchased at a price of $1,880 plus sales tax in the name of the City of Bremerton. The software will provide capacity to model 3,000 pipes, operate in Windows NT, and will include GISMaster for AutoCAD version 14.The existing model will be converted to the new version will be subsequently used for analysis. At the conclusion of the project the new version of the software model will be delivered to the City. 2. The modeling parameters from the tributary drainage subbasins will be documented and included in the report. 3. The model will be calibrated to wet season dry weather flows and to wet weather flows generated by a specific storm event selected jointly by the Consultant and the City. 4. The selected design storm will be inputted into the calibrated wet season dry weather model to determine the predicted flow characteristics. 5. Diversion structure flows shall be based on model calibration. Consultant will apply the backwater analysis routines provided with the HydraTM software. 6. The model shall incorporate information provided by the City in Task 202. 7. The model shall be dynamic to facilitate alternative analysis. 8. The City's storm system shall be modeled to determine if capacity is available to support separation. 9. The drainage subbasins will be defined to model the storm water runoff into the combined system. City of Bremerton 4 Anderson Cove Basin Scope of Work City Responsibilities: 1. Dry weather diurnal curves have been developed for the Anderson Cove subbasins and were used to calibrate the City's HydraGraphicsTM model to dry weather flows. The City will provide a copy of this data file to HDR to be used in further model development. Assumptions: 1. The HydraGraphicsTM model provided by the City defines the combined sewer system within Anderson Cove. 2. The model has been previously calibrated to dry weather flows based on an established diurnal curve. Work Products: 1. HydraTM model for the Anderson Cove Drainage Basin calibrated to wet season dry weather and wet weather based on a selected storm. 2. Predicted flows for the selected design storm. Task 205 - Alternative Analysis Consultant Responsibilities: 1. Alternatives for reducing the combined sewer overflows from the basin will be evaluated. The options that will be considered include separation, storage, treatment, and increased conveyance. 2. A preliminary screening of each of the reduction alternatives noted above will be developed for each of the five subbasins. The preliminary screening will be based on estimated levels of reduction that are required. 3. Separation will be evaluated with regard to effectiveness, inconvenience, cost, and potential water quality impacts associated with increasing the volume of direct storm water discharge. In addition, an assumed BMP developed with the City will be incorporated into the evaluation to address water quality impacts due to separation. 4. Inline and offiine storage will be evaluated. The alternatives for reducing of overflows will be evaluated with respect to the one untreated event per year criteria of the Washington State Department of Ecology. 5. At site treatment options will be considered that will treat flows up to the one event per year. 6. Considerations including odor, maintenance, operation, constmctability, construction inconvenience, and costs will be included in the alternative analysis. 7. Each individual reduction alternative (separation, storage, and treatment) will be evaluated independently for each overflow site. 8. Up to three alternatives which provide a combination of improvements to reduce untreated overflows will be developed with the City and evaluated using the HydraTM model. City of Brernerton 5 Scope of Work Anderson Cove Basin City Responsibilities: 1. The City will provide labor hours and costs of maintaining the existing pump stations, overflow monitoring equipment, and collection system maintenance. Assumptions: 1. Treatment at each overflow site will likely not be cost effective. If the preliminary screening review of treatment is determined to be cost prohibitive, the alternative will be eliminated without developing a detailed cost analysis. 2. No additional field testing or sampling of combined sewage, storm water, or sanitary sewage will be performed. 3. The assessment of water quality impacts of the reduction alternatives will be based on existing information provided by the Ci~~, criteria established in engineering texts, professional journals or publications, and good engineering principles and practices. 4. The existing storm drain outfalls are adequate for the existing storm drainage system and any additional flow generated by separation. No analysis has been included for evaluating or constructing improvements at the existing storm drain outfalls or siting a new outfall. 5. A maximum of 10 hours has been assumed for identification of the BMP to be incorporated into the separation alternative. Work Products: 1. Technical memorandum formatted as the Alternative Development and Analysis section of the Facility Plan describing the feasible alternatives for reducing untreated overflows from the five Anderson Cove overflow structures. Task 206 - Selected Alternative Consultant Responsibilities: 1. The cost effective alternative from the previous alternative analysis will be refined and described in further detail. The capital cost estimate and the operation and maintenance costs prepared in Task 205 for the selected alternative will be expanded based on refined details established in this task. City Responsibilities: None. Assumptions: None. Work Products: 1. A technical memorandum formatted as the Selected Alternative section of the Facility Plan will be prepared describing the selected alternative. Task 207 - Reports Consultant Responsibilities: 1. A draft Anderson Cove CSO Reduction Facility Plan which fulfills all Department of Ecology requirements for approval will be developed from the technical memorandums of the previous tasks. City of Bremerton 6 Anderson Cove Basin Scope of Work Upon receiving review comments from the City, HDR will incorporate comments and submit a final Facility Plan. Comments returned to HDR from the City will include comments if any from the Washington State Department of Ecology (WSDOE). City Responsibilities: 1. Submit the Facility Plan to the Washington State Department of Ecology for review and approval. 2. Submit review comments of the draft Facility Plan to the Consultant. Assumptions: 1. HDR will work with the City in coordinating with the WSDOE; however, the City will be responsible for approval of the Plan and for submitting draft and final reports to the WSDOE and securing comments. l~/ork Products: 1. Ten copies of the draft Anderson Cove CSO Reduction Facility Plan. 2. Fifteen copies of the final Anderson Cove CSO Reduction Facility Plan. An electronic copy of the final report in Word version 6.0 will also be provided to the City. Task 208 - Preliminary Surveying Consultant Responsibilities: 1, The Consultant will retain the services of a subconsultant (ESM Consulting Engineers L.L.C.) to establish horizontal and vertical control points for aerial photography of the Anderson Cove Basin. An aerial photograph will be taken of the Anderson Cove Basin. The photography will be suitable for developing topographic design mapping with one foot contours at a scale of 1"=20'. Control points will tie into existing City GIS control points. City R espo nsibilities: 1. City will provide GIS control points. Assumptions: 1. Production of mapping will be defined in the Facility Planning Phase of the project and the scope and budget will be included in the 300 series tasks. Work Products: 1. Aerial photography with control points established suitable for development of design mapping. City of Brernerton 7 Anderson Cove Basin Scope of Work Task 209 -SEPA Review Consultant Responsibilities: 1. Provide assistance to the City in developing the State Environment Protection Act (SEPA) review checklist. Eight hours of time bv a project engineer has been budgeted for this task. City Responsibilities: 1. The City will be responsible for preparing the SEPA checklist and submitting it for review. Assumptions: 1. Attendance at public meetings will not be required of the Consultant. Work Products: None by the Consultant. Task 210 -Additional Engineering Services Additional engineering services will include specific tasks requested by the City during the course of the project. No work can be completed on these tasks without prior written authorization by the City. Scope of services and budget for each individual task requested will be defined at the time of written authorization. Additional engineering services may include, but are not limit to additional alternative evaluation beyond three identified in task 205, preliminary outfall evaluation (if required), and on-site treatment options. An allowance has been established for this activity. SERIES 300 TASKS - DESIGN The scope of work and budget for the design phase of this contract will be established during the development of the Facility Plan and subject to the terms approved by the City Council. No allowance has been established for this activity. City of Bremerton 8 Anderson Cove Basin Scope of Work 31 EXHIBIT B - COMPENSATION Compensation for Consultant's services under this Contract shall be on the basis of an hourly rate equal to Direct Labor Cost times a multiplier of 3.3 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expenses. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the project. The Direct Labor Rates for the key individuals proposed for this project are summarized below. These rates are for the calendar year 1998. It is anticipated that there will be an adjustment of rates of approximately four percent in January 1999. The adjustments have been incorporated into the project budget and will not affect the not-to-exceed contract amount identified in paragraph 3 of the Professional Services Agreement. Individual Position Rate Eric Bergstrom Project Manager $34.17 John Koch Senior QA/QC $44.89 Jim Peterson Senior QA/QC $45.10 Yosh Monzaki Project Engineer $21.72 The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as Reimbursable Expenses. Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. Consultant will add five percent (5%) to invoices received by Consultant from subconsultants and subcontractors to cover supervision, administrative, and insurance expenses. Charges for reimbursable expenses incurred by the consultant will be at the following rates. Miscellaneous: Travel: Copying: Postage at cost Mileage at 31.5 cents per mile Other travel expenses at cost Standard at 10 cents per page Plotting: In-house: llx17: 22x34: HP755 color: Outside: At cost $3.00 per sheet $7.00 per sheet $8.50 per sheet City of Bremerton Anderson Cove Basin Scope of Work Phone: Fax: Computer: At cost 55 cents per page for outgoing faxes No charge for incoming faxes Engineer at $10 per hour CADD at $15 per hour The approximate distribution of costs with respect the tasks are as follows. Task Descripton Estimated Cost 101 Project Management $6,300 201 &202 Planning and Existing System $2,400 203 Flow and Rainfall Analysis $6,200 204 System Model Calibration $11,300 205 Alternative Analysis $26,800 206 Selected Alternative $5,500 207 Reports $6,800 208 Surveying $3,000 ESM (Subconsultant) $14,000 209 Environmental/SEPA $1,000 210 Additional Engineering Services Allowance $5,000 TOTAL $88,300 City of Bremerton Anderson Cove Basin 10 Scope of Work AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Tower Lease Agreement with Pinnacle ToweD, Inc. FOR AGENDA OF: November 4~ 1998 ORIGINATING DEPT: Admin. Services ORIGINATOR: Kathleen McCluskev,~.l~ DATE SUBMITTED: October ~9, 1998-' ~: (comment on back 3. i~~,s~ary) /~ City At t o rn ey ~,~ ,?~/~~~ PW&U Director ,~W'~~'' ~ . _ Fiscal/Budget'~~ ~ Operations ~-~~1 ~ Lease Agreement ENDORSEMENT~ ~RMATION APPROVED BY COUNCIL PRESIDENT F~QR SU~BMITTAL: MAYOR J- COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Pinnacle Towers, Inc. has purchased an existing telecommunications tower enterprise that rents tower space to multiple users located on City property on Gold Mountain and is proposing to enter into a new lease agreement with the City. This site is unusual in that there are four existing towers of which one is owned and maintained by the City for emergency and Public Works communications. (Continued on page two) 8. RECOMMENDATION: Move to approve the lease agreement with Pinnacle Tower, existing telecommunications tower site on Gold Mountain. Inc. for an RESPONSIBLE OFFICIAL: PW&U Director ENFORCEMENT OFFICIAL: PW&U Director EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED DATE: 11. NOTICE OF ACTION DISAPPROVED AGENDA BILL NO: AMENDED CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): This lease agreement includes the rental rate of 15% of gross revenue generated from Pinnacle's three towers from sub-lessees and 60% of gross revenue generated from the City's tower from sub-lessees. The lease term is ten years because the seller of this tower enterprise had an assignable ten year renewal option that Pinnacle is exercising. The rental payment for this site will be approximately $3,700 per month. 5. IMPACT ON NON-PASSAGE: City is obligated to accept a viable assignment of the existing tower lease. IMPACT ON STAFFING~ BUDGETS. FACILITIES~ EOUIPMENT OR OTHER RESOURCES N/A RESEARCH SOURCES: TELECO~CATIONS FACIIJTIES LEASE AG~gI~fENT THIS LEASE AGREEM-ENT entered ~ ~.- and between the City ofBremerton, a municipal corporation duly _organized and existin_~ ~ the laws of the State of Washington, as Lessor (hereinafter referred so as "City") and PJ.tmazfie Towers, Inc. (hereinafter referred to as "Lessee"). WITNE S SETi-2 1. PREMISES. -Fne City hereby leas.~ :a the Lessee real property for housing, installing, constructing, oper-=J.ng and maintaining ~-~...in telecommunications facilities, said real property and facilities being more specifically desto-heft and/or depicted in Schedule A, attached hereto and specifically incorporated herein (herein~'~ referred to as Premises). Lessee agrees to accept such real property for _tach purpose, subje~ :e .-..he considerations, terms and conditions specified in this Telecommtmiarions Facilities Lease .-~_ eement (hereinafter referred to as "Lease"). Lessee has acquired an interest in improv~ to the premises consisting of Tower # 1, #3 and ~4, and Buildings "A"'. "-B" and "C" as sho, r-~ on Schedule "A". Lessee agrees that the Lessor shall have exclusive use of Building "C", ard 5.~'daer agrees that Lessor shall also be entitled to use space on Tow~- =:3 for the operation :.,fLessor's equipment, in accordance with the following requirements: A. Cable =-ay space to equipmem ~r routing of antenna cabling to antenna support structure, and pro,~-ision for securing routing_= ffantenna cabling to and onto antenna support structure. LEASE AGREEMENT - 1 Pinnacle Towers, Inc. - September 24, 19981 B. Mounting space on Tower, =3 for one four foot (4') microwave dish and two six foot (6') microwave dishes and associated c~x~al cables. 2. DEFINITIONS. For the purpose cf this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used ~-mll indicate otherwise: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, lirrrk~M liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control ofzhe City which has been acquired, established, dedicated or devoted to highway purposes; "Public way" means and includes all public sxreets and utility easements, as those terms are defined herein, now or hereafter owned by the C:,D', but only to the extent of the City's right, title, interest or authority to ~m-ant a permit or lease :o occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and "_ncludes every person that directly or indirectly owns, controls, operates or manages pla~_ equipment or property within the City, used or to be used for the purpose of offering telecomrmmications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedes~s, antennae, towers, electronics, equipment storage structures and other appurtenances used or m be used to transmit, receive, distribute, provide, house or offer telecommunications service~ LEASE AGREEMENT - 2 Pinnacle Towers, Inc. - September 24, 199g 36 "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A and pursuant to successful completion of all requisite permit processes. City shall provide Lessee ingress, egress, and twenty-four hour a day, seven days a week access over the property to the Premises adequate to service the Premises and the telecommunication facilities at all times during this Lease at no additional charge to Lessee except Lessee shall agree to sign a mutual road maintenance agreement to be provided by City with all other users of access roads not included in the public road system and Lessee shall agree to share equally the annual charge of maintaining the access roads not to exceed Three Hundred and No/100 Dollars ($300.00). Which amount shall be increased annually in January based upon the LEASE AGREEMENT - 3 Pinnacle Towers, Inc. - September 24, 1998 CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted. 4. LEASE APPLICATION. Any person that desires to solicit the City's approval ora Lease shall file a lease proposal with the City which shall include the following: A. The identity and legal status of the applicant, including any affiliates; B. The name, address, telephone number and title of the officer, agent or employee responsible for the accuracy of the lease application statement; C. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City, or to those outside the City limits using facilities located within the City; D. A description of the telecommunications facilities or other equipment proposed to be located upon City property; E. A description of the City property upon which the applicant proposes to locate telecommunications facilities or other equipment; F. Signed set of owners drawings, preliminary plans and specifications in sufficient detail to identify: (1) Manufacturer standards, punch list on workmanship inspections for future sign-off.by City inspectors for all telecommunication facilities being proposed by Lessee. LEASE AGREEMENT - 4 Pinnacle Tow~, Inc. - September 24, 1998 The location(s) of existing telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. (3) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. G. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment; 1t. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; I. An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease; J. A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions; K. Evidence that the applicant has explored possible co-location sites on existing tower sites on City or private property. L. Such other and further information as may be requested by the City; and ($500.00). A non-refundable application fee of Five Hundred and No/100 Dollars LEASE AGREEMENT - 5 Piratacle Towera, Inc. - September 24, 1998 3! 5. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, fight, license, franchise, etc. to other carders, providers or other persons for telecommunications or any other purpose. 6. TERM OF LEASE. This Lease shall be valid for a term often (10) year(s) commencing , 19__ and terminating ., 19__ subject to annual review of compensation. 7. COMPENSATION TO THE CITY. A. Lessee shall pay Lessor the ~eater of a sum equal to fifteen percent (15%) of the Lessee's gross monthly revenue from all installations on Lessee's towers #1, #3 and #4 and leased premises or a monthly base rental charge 'of One Thousand and No/100 Dollars ($1,000.00) per month during the first year of this lease, payable on or before the first day of each month. At the beginning of each successive year thereafter, the monthly base rent shall automatically be adjusted in the "All Items" category of the Consumer Price Index for all Urban Consumer Scale (CPI-U) as published by the Bureau of Labor Statistics for the U.S. Department of Labor for the Seattle-Tacoma Metropolitan statistical area (1982-84= 100), for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such transmission shall not result in any impairment or LEASE AGREEMENT - 6 Pinnacle Towe~, Inc. - September 24, 1998 diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Lessee has the right to sublet space on the City owned tower (Tower//2) and shall pay the City 60% of any and all sub-lessee rent for co-location on City's tower. City shall have the fight to direct removal of any communication facilities on City's tower should they interfere with the provision of City and/or CenCom services. Lessee shall be given thirty (30) days notice to remove facilities. Any additions to the City owned tower must be pre-approved by City. 8. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, leasehold excise, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 9. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. LEASE AGREEMENT - 7 Pinnacle Towers, Inc. - September 24, 1998 41 Lessee further agrees to provide an emergency power generating system which will automatically supply power to Lessee's equipment and the Lessor's equipment, whether located on towers or in buildings shown in Schedule "A", in the event of failure of the normal commercial power source. Lessee shall provide the Lessor, without charge, a power allowance of at least five (5) kilowatts (intermittent duty) on both commercial and emergency power sources. For the purpose of remote monitoring of the power conditions of the site, Lessee shall provide relay contact closures for commercial power outage and generator on-line status. The Lessor shall not be liable for any injury, loss, or damage caused by or resulting from any interruption or failure of said services due to any causes whatsoever except the Lessor's negligence. Lessee shall not be entitled to an offset, reduction or return of rental as a result of any interruption or failure of said services. 10. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval which approval shall not be unreasonably withheld and shall be either granted or denied within thirty (30) days after a written request is submitted to the City, to sublet the premises consistent with this Lease; provided: A. Lessee will provide Lessor with a copy of its standard sublease form and any subleases deviating from the standard form, for review and approval of the Lessor. Each time a sublessee is added or deleted from the premises, Lessee shall provide the Lessor with a notice indicating the changes. The notice will be provided at the time of payment of the monthly rental amount. Lessee shall provide the Lessor with a complete list of all sub-lessees at the commencement of this Lease. Thereafter, a complete list will be provided on a quarterly basis; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns the tower facility located on City property; LEASE AGREEMENT - 8 Pinnacle Towers, Inc. - September 24, 1998 D. The Lessee must acquire approval in advance for each additional mb-lessee on the City's tower (Tower ~2). The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub-leases. 11. IMPROVEMENTS. During the term of this Lease if Lessee wishes to expand the initial configuration contained in Schedule A, Lessee will submit a new application pursuant to Section 4. Compensation for the proposed expansion will be negotiated upon approval of the application. Lessee and Lessor shall exchange, on an annual basis or when improvements are made, an updated inventory and system engineering drawings of all equipment, frequencies and antenna configurations. 12. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed to convey only the right to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 13. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. LEASE AGREEMENT - 9 Pirmacic Towers, Inc. - September 24, 1998 B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 120 days written notice to the City. However, no prepaid rent shall be refundable. 14. INTERFERENCE WIT[t OTI:IER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and the Lessee cannot resolve this interference with the other tenants, the Lessee may, upon thirty (30) days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities currently located upon the City property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section 7.B. 15. TECHNICAL STANDARDS. Lessee shall operate its telecommunications facilities in complete compliance with rules and regulations of the Federal Communications Commission and shall furnish Lessor with a copy of 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) Engineering Standard/t6 Kev. C (02-97) for Kadio Transmitting and Keceiving Devices and FM Broadcast, hereinafter incorporating future amendments. LEASE AGREEMENT - 10 Pinnacle Towers, Inc. - September 24, 1998 16. OWNERS~:rrP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property alter expiration or termination of the lease, they shall, at the City's option, become the property of the City if not removed by the Lessee upon 30 days written notice from the City. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 17. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease, file an application with the City for renewal of its Lease which shall include the following: A. The information required pursuant to Section 4; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; D. A non-refundable application fee in the amount of Five Hundred and No/100 Dollars ($500.00). LEASE AGREEMENT - 11 Pinnacle Towers, Inc. - September 24, 1998 45' The City reserves the right to extend the review period for the renewal application if additional information is required. 18. OBLIGATION TO CURE AS A CONI)ITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action ro be taken by the Lessee has been approved by the City. 19. POLICE POWER. tn accepting this Le,..se, the Lessee acknowledges that its rights hereunder are subject to the !egijfirnate rights of the ?-~ol.ice power of the City to adopt and enforce general ordinances necessary to protect the safetx and welfare of the public and it agrees to comply with all applicable genera~ laws enacted by the City. pursuant to such power. 20. REPAIR AND EMYRGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided r.he Lessee shall not~' :he City as promptly as reasonably possible, before such repair or emergency work commenc~ or as soon therea~er as possible if advance notice is not practicable. 21. MAINTENANCE OF LEASE FACIIJTIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, ch~mage, or injury to the premises including any City property, public ,~-avs of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not restrict site access to City. City shall have the exclusive fight to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to emure compliance with the terms and conditions herein; Provided, howemr, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. LEASE AGREEMENT - 12 Pinnacle Towers, Inc. - September 24, 1998 22. SIGNAGE. Lessee shall display a currem sign on telecommunication facilities identifying Lessee, address and a 24 hour phone number. 23. RELOCATION OR REMOVAL OF FACII.ITIES. Within ninety (90) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonably necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and Be public ways. The operations of the City or other governmental entity in or upon the C. The facilities unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon public ways. Additional time for removal or relocation may be ~anted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 24. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City may, remove such facilities or appurtenances LEASE AGREEMENT - 13 Pinnacle Towers, Inc. - September 24, 1998 from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 3 0 days after expiration or termination of the Lease; of a Lease; If the system or facility was constructed or installed without the prior grant D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such facilities. The provisions of this LEASE AGREEMENT - 14 Pinnacle Towers, Inc. - Septeml:ngr 24, 1998 Section shall survive the expiration, revocation, or termination of the Lease granted hereamder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 25. EMERGENCY REMOVAL OR RELOCATION OF FACI-I.ITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 26. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 27. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. LEASE AGREEMENT - 15 Pinnacle Towera, Inc. - September 24, 1998 B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behfilf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 28. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps annually upon request by the City. 29. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. LEASE AGREEMENT - 16 Pinnacle Towers, Inc. - September 24, 1998 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the fights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from any one accident; and (3) $2,000,000.00 for all other types of liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an LEASE AGREEMENT - 17 Pinnacle Tower~ Inc. - September 24, 1998 endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, en_~ineers, consultants, md volunteers as additional insureds, to the City prior to the commencement of any work or ins'a.llation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions rn~-t be declared to and approved by the City. Payment of deductibles and self-insured retentions 4,.atl be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Am- ;xtsurance maintained by the City, its officers, officials, employees, consultants, agents, ard volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The Ciw ~ be provided thirty (30) days advance notice of cancellation of any coverages required above: F. Within thirty (30) days after r~,.eipt by the City of said notice, and in no event later than fifteen (15) days prior to said cance'2ztion or intent not to renew, the Lessee shall obtain and furnish to the City. replacement insurance ~-x)licies meeting the requirements of this Section. 31. GENERAL EN-DEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, ~ents and volunteers fram and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the k~.~zsee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuks ~or damages resulting from personal or bodily injury, including death at any time resulting tb~efrom, sustained or alleged to have been sustained by any person or persons, and on account cf damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to prop~.' is due to the negligence of the Lessee, its agents, employees, representa~'es or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This LEASEAGRF. EMENT - 18 Pinnacle Towem, Inc. - Septemb~ 24, 1998 provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, fights-of-way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited before construction is commenced. A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; LEASE AGREEMENT - 19 Pinnacle Towers, Inc. - September 24, 1998 (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; The submission of'as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned, or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City., which consent shall not be unreasonably withheld or delayed. A. If an assignment of lease is requested within twelve (12) months aRer the initial grant of the Lease, Lessee shall pay the City the sum of Three Thousand and No/100 Dollars ($3,000.00) for review and processing. B. Absent extraordinary and unforeseeable circumstances, no system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. Any Initial Public Offering of Pinnacle's shares of stock to the public shall not be deemed an assignment or transfer within the meaning of these sections. LEASE AGREEMENT - 20 Pinnacle Towers, Inc. - September 24, 1998 D. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant pursuant to Section 4 with respect to the proposed transferee or assignee; (3) .Any other information reasonably required by the City; and (4) An application fee set by Section 4. E. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. F. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. G. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. 34. TRANSACTIONS AFFEC~G CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working LEASE AGREEMENT - 21 Pinnacle Tower~, Ir~. - September 24, 1998 control of the Lessee, of the ownership or working :~ntrol of the telecommunications facility, of the ownership or working control of affiliated entises_- having ownership or working control of the Lessee or of a telecommunications facility, or of cc_-z-:-_ ol of the capacity or bandwidth of the Lessee's telecommunication ~'stem, facilities or su'zgantial parts thereof, shall be considered an assignment or transfer requiting City approval purg"=_z---mt to Section 33 hereof. Transactions between affiliated entities are not exempt from Cir.,- z?proval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer. ,~£ or acquisition by any other party of control of Lessee's company. Every change, trance:., or acquisition of control ora Lessee's company shall cause a review of the proposed tran_~.'er. In the event that the City adopts a resolution or other appropriate order denying its cc-~-ent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the L~see to another person or entity controlling, controlled by, or under common control with the L,~,ee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or Cir..-property may be terminated for the following reasons: A. Lessee's construction or op~-_-rion in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or ope_~5on at an unauthorized location; C. Unauthorized substantial tran~er of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignme~ or transfer of Lessee's Lease, assets, or a substantial interest therein; LEASE AGREEMENT - 22 Pinnacle Towers, Inc. - September 24, 1998 F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. Abandonment of telecommunications facilities in the public ways or upon City property shall not occur until at least six (6) months after Lessee's last visit to the site; Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that the City believes that grounds exist for revocation of this Lease, the Lessee shall be given written notice of the apparent violation, default, or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the Lessee a reasonable period of time not exceeding 30 days to furnish evidence: A. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation, default or noncompliance; B. That rebuts the alleged violation, default or noncompliance; and LEASE AGREEMENT - 23 Pinnacle Towe~, Inc. - September 24, 1998 C. That it would be in the public interest to impose some penalty or sanction less than revocation. 37. HEAR~G. In the event that the Lessee fails to provide evidence reasonably satisfactory to the City as provided in Section 36 hereof, the City shall refer the apparent violation, default or non-compliance to the City Council. The City Council shall provide the Lessee with notice and a reasonable opportunity to be heard concerning the matter. 38. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease or through willful misconduct or gross negligence failed to heed or comply with any notice given the Lessee by the City under the provisions of this Lease, then the Lessee shall, at the election of the City Council and upon thirty (30) days prior written notice by City, forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City Council. The City Council may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies, including obtaining an order from the Superior Court having jurisdiction compelling the Lessee to comply with the provisions of this Lease, and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. The City Council shall utilize the following factors in analyzing the nature, circumstances, extent, and gravity of the violation and in making it's determination under this Section: A. Whether the misconduct was egregious; B. Whether substantial harm resulted; C. Whether the violation was intentional; requirements; Whether there is a history of prior violations of the same or other LEASE AGREEMENT - 24 Pinaacle Towers, Inc. - September 24, 1998 E. Whether there is a history of overall compliance; and F. Whether the violation was voluntarily disclosed, admitted or cured. 39. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private properly or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, Upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 40. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. LEASE AGREEMENT - 25 Pinnacle Towers, Inc. - September 24, 1998 41. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and ail expenses, including reasonable attorney's fees and court costs in connection with any such lien. 42. MISCELLANEOUS. A. This agreement shail be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shail be entitled to its reasonable attorney's fees and court costs, including appeals, if any. C. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. D. 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. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LEASE AGREEMENT - 26 Pinnacle Towers, Inc. - September 24, 1998 LESSOR: City of Bremerton Administrative Services Director 239 Fourth Street Bremerton, WA 98337 LESSEE: Pinnacle Towers 1549 Ringling Boulevard Third Floor Sarasota, FL 34236 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. PINNACLE TOWERS INC. Date: Date: CITY OF BREMERTON Date: DEPARTMENTAL APPROVAL: LYNN S. HORTON, Mayor W. EUGENE SAMPLEY, Director of Public Works & Utilities # # LEASE AGREEMENT - 27 Pinnacle Towers, Inc. - September 24, 1998 APPROVED AS TO FORM: GLENNA MALANCA, City Attorney State of Washington County of Kitsap SS. On this __ day of ~ 19 ., personally appeared Lynn S. Horton to me known to be the Mayor of the City ofBremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILIlslG: KATHLEEN L. McCLUSKEY, City Clerk LEASE AGREEMENT - 28 Pinnacle Tow~, Inc. - Septeanb~ 24, 1998 APPENDIX - A - ~ / ~ R ~3 ~ BUILDING "C" TOWER ~ 2 "A" ;58 2-23 2'57.5,t" I N88'18'09'~ / / / / lO0.dO' -~ .. Lj-~/--PROPOS63 8O(JNOAR¥ ~ c. PAD N. 2o~53zoi~ E. ~58gOg.595 FI~V, = ~70Z42 T01,~ER TOP E. LEV. -- I77 LAT. = 47'32'58.10' LONG, = 122'46'59.94' VAULT /" e/mm,, NS&'18'Og'W N. 206508.6~t0 £. H58877.517 ELEV. = 1701.87 T0WE~ '10P ELEV. = LAT. = 4732'57.86" LONG. -- t22'47'00.40' / 100.00' BOUNDARY Io0.00' N88'l S'Og"W ! 1302.58'CALC. CAL C. POSITION .~ P6R R.O.S. UNDER A.F.N. 8508060~22 September 2~ 1998 Filc #26052/0 LEGAL DESCRIPTION FOR GOLD MOUNTAIN TIlE SOUTi'I 165.72 FEET OF THE WEST 100 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER O1r SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 W'EST, WILLAMETTE MERIDIAN, EXCEPT 'I'iHE SOUTH 59,54 FEET THER.EOF. SITUATE IN KITSAP COUNTY, STATE OF WASHINGTON. MB/kd T. ~T, al.q~lS0~2 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Easement Grant to Puget Sound Energy for Bremerton Transportation Center Power FOR AGENDA OF: November 4, 1998 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer DATE SUBMITTED: Qctober 29, 1998 gJ~: (comment on back 3. EXHIBITS: if ~ir~) ~ _~ city Attorney . ~ ~a~c~J~ PW&U Director '~ ~ ~ ~ Operations .~_~--~--~--< - - ~ ENDORSEMENT~ INFORMATION APPROVED BY COUNCIL PRESIDENT EOR SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Puget Sound Energy is requesting an easement grant across the parking lot adjacent to the boardwalk from 2nd Street to the Bremerton Transportation Center for underground power lines. This land parcel is not included in Parks Protection properties so Park~Commission review is not required prior to bringing this issue before City Council. This easement description will be superseded at a later date with a surveyed description once the power has been installed. 8. RECOMMENDATION: Move to approve the easement grant to Puget Sound Energy for underground power lines across the parking lot adjacent to the boardwalk from 2nd Street to the Bremerton Transportation Center. RESPONSIBLE OFFICIAL: Parks Director ENFORCEMENT OFFICIAL: Parks Director EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED DATE: 11. NOTICE OF ACTION DISAPPROVED AMENDED AGENDA BILL NO: CLEARANCE COMMENTS (cont.~: 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: city is obligated through the Memorandum of Understanding with Kitsap Transit to provide necessary easements for Bremerton Transportation Center construction. e IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department 6522 Kitsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NW 24-24N -01E ASSESSOR'S PROPERTY TAX PARCEL: 2424 012 001 2004 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF BREMERTON, a Washington municipal corporation ('Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KITSAP County, Washington: THAT PORTION OF GOVERNMENT LOT 3, SECTION 13 AND THAT PORTION OF GOVERNMENT LOT 1, SECTION 24, AND TIDELANDS ADJOINING, ALL IN TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1, BLOCK 2, TOWN OF BREMERTON, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE SOUTH 45°20'30'' EAST ALONG THE NORTHEASTERLY MARGIN OF IsT STREET (FRONT STREET ) IN SAID PLAT A DISTANCE OF 14.t8 FEET TO THE MOST SOUTHERLY CORNER OF AN ALLEY DELINEATED ON BLOCK 2 ON SAID PLAT; THENCE NORTH 35°37'10" EAST 60.00 FEET ALONG SAID DELINEATED ALLEY TO THE TRUE POINT OF BEGINNING, WHICH IS ALSO CALLED POINT "A" FOR REFERENCE PURPOSES; THENCE SOUTH 45°20'30'' EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF 1sT STREET (FRONT STREET) TO AN INTERSECTION WITH THE INNER HARBOR LINE DELINEATED ON 19~8 SUPPLEMENTAL MAP OF THE BREMERTON TIDELANDS, ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBUC LANDS, OLYMPIA~ WASHINGTON; THENCE NORTHEASTERLY ALONG SAID INNER HARBOR LINE TO THE SOUTH1NESTERLY MARGIN OF 2"O STREET AS DELINEATED ON SAID SUPPLEMENTAL MAP; THENCE NORTHWI;STERLY ALONG SAID MARGIN TO A POINT ON THE MOST EASTERLY CORNER OF THE ALLEY DELINEATED ON BLOCK 2 IN PLAT OF TOWN OF BREMERTON; THENCE SOUTH 35°37'10'' WEST ALONG SAiD ALLEY 247.21 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A" HERETOFORE DESCRIBED; THENCE SOUTH 45°20'30"EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF 1~ STREET 34.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE NORTH 45°29'10'' EAST 14.17 FEET; THENCE NORTH 35°36'30" EAST 5.90 FEET TO THE SOUTHWEST CORNER OF AN EXISTING BRICK BUILDING; THENCE SOUTH 45°20'30" EAST ALONG THE SOUTHEASTERLY WALL THEREOF 129 FEET; THENCE SOUTH 41°53'20'' WEST 20 FEET, MORE OR LESS, TO THE SOUTHWEST BOUNDARY OF THE MAIN TRACT HERETOFORE DESCRIBED: THENCE NORTH 45°20'30" WEST 129.41 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING Except as may be otherwise set forth herein Grantee's dghts shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: An Easement Area ten (10) feet in width having five (5) feet of such width on each side of a centedine described as follows: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED~ EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PARCEL. 6/98 UG Electric 9855675 (THIS EASEMENT DESCRIPTION W~LL BE SUPERSEDED AT A LATER DATE WITH A SURVEYED DESCRIPTION PROVIDED FROM KITSAP TRANSIT AT NO COST TO GRANTEE OR GRANTOR. DESCRIPTION TO BE SUPERSEDED NO LATER THAN ONE YEAR FROM EXECUTION OF THiS DOCUMENT) 1. Purpose. Grantee shall have the dght to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or more utility systems for purposes of transmission, distribution and sale of electricity. Such system may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its dghts hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area., 3. Grantor's Use of Easement Area. Grantor reserves the dght to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's pdor wdtten consent. 4. Indemnity. Grantee agrees to indemnity Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnity Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The dghts herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor;, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any pedod of time from the date hereof. 6. Successors and Assigns, Grantee shall have the right to assign, apportion or otherwise transfer any or all of its dghts, benefits, privileges and interests adsing in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 1998. GRANTOR: CITY OF BREMERTON A'I-~EST: BY: BY: STATE OF WASHINGTON ) ) SS COUNTY OF ) On this __ day of ,1998, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ,to me known to be the individual(s) who signed as Mayor of the City of Bremerton the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of the City of Bremerton for the uses and purposes therein mentioned; and on oath stated that she was authorized to execute the said instrument on behalf of said City of Bremerton. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above wdtten. Notary seat, text and all notati~ must be inside 1 ' margins (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: RIM=31.0 · I£ (12" CMPX' o\ iP~Yl= ~ 7.90 3 --~3.80 *\ *5 \ \ .... PROPOSED POWER / / / / / / / / / / / / / / / / / / ~)/ / m / / / / / / PUGET SOUND ENERGY September 25, 1998 City ofBremenon Public Works Department 3027 Olympus Drive Breme~on, WA 98310-4799 SEP g B 1998 C~ OF BRE~EP3'ON ENG1N~R$ Attention: Mr. Ned Lever RE: Easement Kitsap Transit Garage Dear Ned: Pursuant to our discussion this date, enclosed is the revised easement reflecting the changes you requested. If the document is acceptable, have the authorized persons sign the original of the document. The copy is for the City records. The original document will be held in this office until installation is complete. Once construction is complete, we will pursue having the centerline description written. This will then be attached to the document and brought to the City for review and approval. Then the document will be filed for record and a copy of the recording forwarded to the City. If you have questions, please give me a call on 475-7079. Thank you for your assistance in this matter. A/Sleasman Right of Way Rep II ]:?.nc. Puget Sound Energy, Ino. · 6522 KitsapWay · Bremer~on WA 98312 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance No. ~ Regarding the Grant of a Non- Exclusive Franchise to Falcon Video Communications FOR AGENDA OF: ~e~--~. 1999 ORIGINATING DEPT: Admin. Services ORIGINATOR: Kathleen McCluskey~.2h~ DATE SUBMITTED: October 15, 1998 ~: (comment on back if nece~~) City Attorney Public Works Dir. ~/~-~ ' 2) Fiscal~Budget Operations ENDORSEMENT ~ INFORMATION__ Ordinance Summary Ordinance SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Culminating 15 months of Negotiations, the City and Falcon have agreed upon a franchise ordinance that grants Falcon a non-exclusive franchise to operate a cable system within the City for the next 10 years. Highlights include: 1) a system upgrade to 83 activated channels within 24 months; 2) Public Access Channel support; 3) I-Net provisions to include development and future construction at cost. The Falcon franchise only includes 100 subscribers near Kitsap Lake. RECOMMENDATION: Motion to approve on first reading Ordinance # ~3~ and summary granting Falcon Video Communications a non-exclusive franchise to operate a cable system within Bremerton. Motion to appr~vc on second reading Ordinance # 4t~ and summary granting Falcon Video Communications a non-exclusive franchise to operate a cable system within Bremerton. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED DATE: 11. DISAPPROVED AGENDA BILL NO: AMENDED 9A CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): e IMPACT ON NON-PASSAGE: Falcon has provided adequate cable service and negotiated in good faith and, therefore, is entitled under FCC rules to a refranchise. 6. IMPACT ON STAFFING~ BUDGETS. FACILITIES~ EOUIPMENT OR OTHER RESOURCES BKAT capital support budget of $5,400. 7. RESEARCH SOURCES: ORDINANCE NO. ~ 972 SUMMARY AN ORDINANCE granting a non-exclusive franchise to Falcon Video Communications ("Falcon") to operate and maintain a Cable System throughout the City of Bremerton ("City"); setting forth provisions, terms and conditions of the grant of franchise; providing for City regulation and use of the Cable System, prescribing penalties for violation of franchise provisions; and terminating, except as otherwise provided by this Ordinance, Ordinance Nos. 3976 and 3981. SECTION 1 - DEFINITIONS Pertinent terms, phrases and words are defined including the following key items: 1.1 1.3 1.5 1.9 1.20 1.21 1.23 Access Channel or PEG Channel PEG Access Facility Activated Channel Bi-directional Capability or Activated Bi-directional Capability Gross Revenue Institutional Network Interconnect or Interconnection SECTION 2 - FRANCHISE Describes franchise elements including an 8 year term (to be lengthened to 10 years if system upgrade is completed in 24 months), the non-exclusive grant of this franchise, franchise renewal (FCC) guidelines, periodic public review of franchise, change of ownership provisions, revocation criteria, and the City option to purchase the system upon denial of a renewal with mandatory continuity of service provisions and property removal guidelines. SECTION 3 - OPERATION IN STREETS AND RIGHTS-OF-WAY Addresses the requirements that must be met to construct, alter or maintain the cable system within the City right-of-way including compliance with applicable local permits and regulations, undergrounding, non-interference and notice procedures, tree trimming, restoration to public and private property, relocation of facilities in public right-of-way and safety requirements. SECTION 4 - SYSTEM DESIGN AND CAPACITY Describes the technical standards, emergency alert capability, and performance standards of the cable system, as well as outlines the system upgrade to 83 activated channels of programming to be completed within 24 months from the effective date of this Franchise. It also defines the aspect of future interconnection with contiguous cable systems to enhance PEG access. SECTION 5 - PROGRAaMM/NG AND SERVICES Describes categories of programming, the basis for programming decisions, obscenity policy and parity of service and cable rates with Kitsap County upon completion of the system upgrade. SECTION 6 - PUBLIC, EDUCATIONAL AND GOVERNMENT USE OF SYSTEM Defines PEG Access including the retention of Channel 3 as the primary channel of PEG, additional PEG channels triggered by 1) City's request for first additional channel; 2) formula based on first run programming hours for second additional channel, financial support of PEG access, and criteria for design and construction of future Institutional Network (I-Net) is developed. SECTION 7 o REGULATORY PROVISIONS Spells out City's authority to administer and enforce the provisions of this franchise including rate regulation, franchise fee disbursement, planning and coordinating cable service development throughout the City specifically relating to PEG Access and I-Net. Also, remedies for franchise violations are discussed. SECTION 8 - REPORTING REQUIREMENT Outlines the monthly, quarterly and annual reporting requirement of Falcon with the recognition that the City will honor confidentiality to the maximum extent of State law. SECTION 9 - CUSTOMER SERVICE POLICIES Declares Falcon's responsibility for effective customer response regarding service and repair requests, refund policy, termination charges and equipment return, customer service agreement and manual. SECTION 10 - LINE EXTENSION POLICY Defines standard installation criteria for new subscribers in the City, isolated areas where the cable connection is over 150 feet away and annexed area. SECTION 11 - COMPENSATION AND FINANCIAL PROVISIONS Franchise fees and taxes are capped at an aggregate of 7% for the term of the Franchise. Books and records are subject to City review. Construction and Performance Bonds are required as well as indemnification by Falcon holding City harmless arising out of the operation and construction of the cable system. Comprehensive general liability insurance coverage in the annual aggregate of $5,000,000 is required. SECTION 12 - MISCELLANEOUS PROVISION Several areas of Franchise elements and governing laws and venues are discussed. APPROVED by the City Council on the PASSED by the City Council on the day of day of ,1998. The full text of this ordinance will be mailed to interested persons upon request. ,1998. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING Revenue Sources for the 1999 - 2000 Budget FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Nov. 4, 1998 Treasurer R. Hanna---~ Oct. 28, 1998 2. CLEARANCES: Comment of back if necessary) Dir. Admin Serv.~ Council Fiscal & Bud~. ~ 3. EXHIBITS: Preliminary Revenue Estimates ENDORSEMENTS MAYOR<~,-¢ INFORMATION APPROVED BY COUNCIL PRES[DENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City is required by RCW 84.55.120 to hold a public hearing on revenue sources of the General Fund. This hearing must be held prior to consideration of the City's property tax levy and must include a discussion of possible increases in property tax revenue. 8. RECOMMENDATION: No Council action is requested. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer .Mayor N/A N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED __ AMEN~ A A 11, AGENDA BILL NO: ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: N/A 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: Title 84 RCW. 1999- 2000 BUDGET REVENUE PROJECTIONS - GENERAL FUND PRELIMINARY AV (FROM KITCO 10/22) 1998 M & O LEVY RATE BUDGET 1998 EMS LEVY RATE BUDGET 1999 1,335,000 3.325 4,438,875 4,450,000 0.50 667,500 670,000 10/29/98 9:03 2000 1,375,050 3.325 4,572,o41 4,57o,ooo 0.50 687,525 685,000 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET 377,893 375,408 376,651 12 4,519,806 4,520,000 384,325 382,020 383,173 12 4,598,070 4,600,000 1998 YTD RECEIPTS 1996 AUG YTD/TOTAL 1997 AUG YTD/TOTAL 1998 YE PROJECTION AVE. ANNUAL GROWTH BUDGET 205,133 64.96% 64.81% 316,143 102.5% 325,000 330,000.00 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVE RAG E X12 BUDGET 152,754 153,159 152,957 12 1,835,478 1,835,000 153,330 1531771 153,551 12 1,842,606 1,840,000 -ti 1999- 2000 BUDGET REVENUE PROJECTIONS - GENERAL FUND 1999 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET 94,026 95,570 94,798 12 1,137,576 1,135,000 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET 28,859 29,224 29,042 12 348,498 350,000 10/29/98 9:03 2OOO 94,050 95,930 94,990 12 1,139,880 1,140,000 30,911 31,648 31,280 12 375,354 375,000 GROSS RECEIPTS 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE ANNUAL GROSS RECEIPTS TAX RATE BUDGET 397,297 407,748 402,523 12 4,830,270 15% 784,919 785,000 406,849 423,420 415,134.50 12 4,981,614 14% 755,545 755,000 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET 89,920 86,760 88,340 12 1,060,080 1,050,000 95,896 92,568 94,232 12 1,130,784 1,125,000 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET 23,971 23,779 23,875 12 286,500 285,000 25,243 25,231 25,237 12 302,844 300,000 1999- 2000 BUDGET REVENUE PROJECTIONS - GENERAL FUND 1999 10/29/98 9:03 2OOO 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET 32,740 32,041 32,391 12 388,686 285,000 35,812 35,485 35,649 12 427,782 300,000 12 MO. MOVING AVE. 24 MO. MOVING AVE. AVERAGE X12 BUDGET CITY POPULATION DISTRIBUTION PER CAPITA BUDGET CITY POPULATION DISTRIBUTION PER CAPITA BUDGET 40,579 40,593 40,586 12 487,032 490,000 38,741 6.00 232,446 230,000 38,741 3.02 116,998 117,000 42,979 43,365 43,172 12 518,064 520,000 38,897 6.21 241,356 240,000 38,897 3.02 117,469 117,000 NO. PAID FIREFIGHTERS STATE $$ PER FIREFIGHTER BUDGET 56 682 38,192 38,000 56 682 38,192 38,000 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Set Public Hearing - Resolution Vacation of alley Applicant: Michael Thomiley FOR AGENDA OF: November 4, 1998 ORIGINATING DEPT: ECD ORIGINATOR: Jon Holan ~,'~. DATE SUBMITTED: o CLEARANCES; (comm..to. backifnecessary) Dir. of ECD:~ City Attorn~ ~ 3. EXHIBITS: 1. Vacation Ordinance # 2. City Council Resolution #2675 3. Application for Alley Vacation 4. Planning Commission Resolution 98-04 5. Staff.Report to Planning Commission 9-15-98 6. Assessment Letters ENDORSEMENT /k/ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENTS FOR COUNCIL ACTION: Michael Thorniley is owner of parcels on both sides of an undeveloped alley within Block 3 of the Charleston Navy View addition. The City Council, as the legislative body, must conduct a public heating to receive comments on the vacation request. RECOMMENDATION: It is recommended that Council, by Ordinance # the ownership of the adjoining property owner. approve the request to vacate the alley and revert it to RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Jon Holaln N/A N/A PULLED TABLED COUNCIL DIRECTIVE; 10. NOTICE OF ACTION APPROVED __ DISAPPROVED __ AMENDED ~ll~~ DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: a. The vacation application fee was paid on 08-12-98. The one-half of appraised value, pursuant to RCW 35.79.030, was paid on 09-25-98. The Planning Commission, at their 9-15-98 meeting, referenced the alley as 10 feet wide based upon the scaled measurement from the assessor's quarter section map. The City Council reference of the alley as 12 feet wide is based upon the Engineering staff review of the legal description for reference to the City Attorney's letter of assessment dated 9-8-98. c. The City Council, at their regular meeting of October 14, 1998, adopted Resolution #2675 to conduct a public heating on November 4, 1998. d. The public hearing notice was posted on October 15, 1998 according to BMC 11.20.040, and the affidavit of posting placed in the file. 5. IMPACT OF NON-PASSAGE: The City would continue to be obligated for this undeveloped alley. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: Additional staff.time and resources would be required to be obligated in the future to be prepared to maintain the alley land area. 7. RESEARCH SOURCES: N/A AGB1LL.RES ORDINANCE # AN ORDINANCE VACATING THE NORTH 213.01 FEET OF 12 FOOT WIDE UNDEVELOPED ALLEY LOCATED SOUTH OF 1ST AVENUE BETWEEN YANTIC AVENUE AND HARTFORD AVENUE WHEREAS, Michael Thorniley, owner of the property abutting both sides of the 12 foot wide requested portion of the undeveloped alley has initiated proceedings for vacation of said alley. WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owner to maintain the parcel, now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following alley is hereby vacated to the adjoining property owner. Section 22, Township 24 N., Range 1 E. W.M. That portion of the plat of Charleston Navy View Addition #3736, recorded in volume 4, page 81, records of Kitsap County, Washington described as follows: That portion of the Alley being 12 feet wide, lying within block 3 of said plat of Charleston Navy View Addition, lying between lots 1-7 and 46-52. Section 2. Effective Date. This vacation shall become effective ten (10) days from passage and publication. APPROVED, by the City Council on the first reading this 1998. day of PASSED by the City Council of the City of Bremerton this 1998. day of DAVID FARR Council President RESOLUTION NO. 2(~7~' A RESOLUTION of the City Council of Bremerton, setting a date for hearing the Petition to Vacate the North 213.01 feet of 12 foot wide Undeveloped Alley located South of 1st Avenue between Yantic Avenue and Hartford Avenue. WHEREAS, the City of Bremerton has received a petition to vacate the north 213.01 feet of 12 foot wide undeveloped alley located south of 1st Avenue between Yantic Avenue and Hartford Avenue; and WHEREAS, Bremerton Municipal Code 11.20.040 requires the City Council to set a time for a hearing on the petition; now, therefore BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT Section 1. The petition to vacate the north 213.01 feet of 12 foot wide undeveloped alley located south of 1st Avenue between Yantic Avenue and Hartford Avenue shall be heard and determined at the City Council hearing on November 4, 1998, beginning at 5:30 p.m. Section 2. The City Clerk shall post the required notices. PASSED by the City Council of the City of Bremerton this ~ day of~P~/~',~, 1998. DAVID D. FARR Council President Resovacate 10/06/98 A_?~L!C-%TION FOR R!GHT-OF-WA_V VAC-AT!ON TO ,'r,:: .- .-',r - - --- .-~A~N~NG C,C~MiSSiON & CiTY COL'NC iL 2~ R-~u.E RTCN: CE TEE C~:_ C~' REQUEST: Right-of-W'ay Vacation Petz=zon. (Bus.) /~//~ (Res.) ~ ~- ~',,~, ~".-z/ LEGAL DESCRIPTION OF PROPERTY to Be vacated: Area of PAxqCEL LOCATION: Street Frontage: Adjacent (attach additional sheets if necessary) (Give brief desc~pt_on of geographic !acatian) or nearest street intersection: COM_~REHENSIVE PLAaN M:\? DESI,GNATiON$: CUR-RENT ZONING: SURROUNDING USE(S) : south: East: West: ExRlain basis flor request to vacate surplus: Describe how this recuesZ is consistent with, kuz not limited to, the Comprehensive Plan, Shoreline Management Master Program, and other state and local'!aws: Describe how the public interest will best be served by this right-of-way vacation: List any easement and/or existing utilities either public or private that akut or cross the proposed vacation. Attach additional sheets if necessary. PROPERTY OWNERS: List names, mailing addresses of all owners of the abutting property(s) that will receive vacated area property: CONTAC? PERSON (to receive al! ccrr~essc~de.nce, advisory reps::, IMPORTANT: Pl6ase check application o~:.~nc. Department before and fi!_ng. with the ATTACHMENTS !~ = !00' scale Kitsap County Assessor's man copy wink the subject site in the center of the map. (Note: More than one sheet of the assessor's map may be needed to obtain proper "cenuerin9~ of the subjec~ sate on the assessor's map copy submitted ~ w .... your application./~'~$~=:~- Letter from Title Company, or. list from County Tax Assessor roles, listing the property from owners of record and their addresses, within 250 feet of the exterior boundaries of land IM_PORTA~IT: Please check application and attachments with Planning Department before filing. A public hearing wi!! -=~ ~ . including scheduled cn!y =~ ~e_ a como!ere application, attachments, is received. Additional supporting information be attached requested by Any ocher information that will define your propcsa! including site plan, map of surrounding land uses and zoning, etc. / ~- ~-~-~--~- z~ the be all may to this application as desired by the applicant or as the Planning Depart~ment. ~NSWERS EE~ZN MADE, A~ .~L INFOk~AT~ON ~D~7.EENCE~' ~ =:"-RS ~E, ~D ALL.rNFO~%ATiCN ~N~ EVIDENCE =:n=,~rm=...,_,,.._ SUSM''~.~. ~-~ A.~ iN ~L ~SPECTS .~ND ~ TEE ~EST OF ~ KNCWLEDGE A=ND ~ELiEF, TRUE A_ND COMPLETE. i UNDE~T~ND TEAT TEE FILING FEE ACCCM~ANY!NG TE!S A~PL!CAT!ON IS NOT ~EUh~LE, iS ONLY FOR TEE PURgOSE P.~RTiA Lr.Y DEF~Y!NG ~E NOR~ ~MiNiST~AT !VE EXPENSES PROCESSLNG TEE ~=PLICATiON, AND TEAT TEE PAYMENT CE SAiD ~EE ECES ~U.~.,_C iSSUA=NCE OF T=E PE~q!T R.Q~=S~D =N NOT ~SULT IN ' 'm~ ~r _ ~ '" ~ ~ ~LICATiON. S'~gnatUre df Applicant ( Printed Name of AppliCant Daze Date ~cncr~z:e ?aycr a.ne .7~'-y Czunc!i' _:,:.~L 0E5C.?,£? ;_ON OF A£UTT: NE ?RO~ER7',~ in~s ga"-:.Cion was ,i~ on and r.~ tzaa~, t:ime ~-",,: fe~ was oa~ ~ne ~==:~ numaer ;- As sec farah in ~" ~- 7c ~ ,, aacrcved, ~ ~, =~- - vacated. 16 i' fPO6 · 00~ 009 010 " 011 014 022 025 OJI O, · O?Y-O 021-00 010 0 i 001-00 OOl-O0 OJl-O0 010-00 OJ~-O0 ~ '050-00 011-00 01~-00 gF-3 P S MF ,~ PS I1 l;.llbclivc &itc of 29, ! 997 BU~LI.)II',!L':; DEP/\RTMENT ZO N I'~S: SF-I SI~-2 S F-3 I)lt bi Ic C' il il hi It I'() CI) f; I! SC II C IP MX 1 lC I'S i,'M UIII) Rceidcnlial Itesidcnlinl Residential Rcsidc,~lial ItcsidcnlM Rcsidcnlinl Rcsidcutinl Prol~ionnl Office (.'hn~ lesion I )ish icl (}cnc~ M II.si.cas Slml)l)ing (Jcmcr I h~sinc:~s C(u c Ilusincss I'm k hldtlsh iai l'atk lndus[~ iai (icnc[n[ Miami risc Shoreline Mixed Usc 1 leallh Cnr~ I%ks & Schtx~ls Fo~c~l Manngcmcnl Waler Supply thbnn ltcnewnl I)ishict BREMERTON PLANNING COM*IISSION RESOLUTION #98-04 A Planning Commission RESOLUTION to not conduct a pretiminars.' public hearing for the vacation of an undeveloped public atlev. Whereas, an application for a Petition to Vacate an undeveloped allev was submitted by Mr. and Mrs. Thorniley of Nordland. WA, which stipulates that the petitioners are the owners of the two parcels adjacent to both sides of the referenced allev, as described within Street Vacation file SV98-0002, and Whereas, the referenced alley is completely undeveloped and not used by any public infrastructure, or any private utilitv service provider, and Whereas, the area of the requested vacation is determined to be approximately 2, 130 square feet, as determined bv the dimensions of I0 feet wide and 21.3.01 feet long, with a determined valuation of $3,29 t_97 for consideration bv the Bremerton City Council, and Whereas, the Bremerton Planning Commission has determined that a preliminary public heating will not present substantive issues not addressed by the various city departments, nor is it likely that other parcels owners will be affected since the parcels adjacent to the alley are owned by the petitioners; and furthermore the public i:earing be~bre the Bremerton City Council will provide the general t>ublic an op¢ortunity to present their concerns and expectations, as provided for within Bremerton Municipal Code 11.20. and Whereas, the procedural process has been fulfilled, including the SEPA exception as permitted by WAC 197-11-800(2)(h), NOW, THEREFORE, BE IT RESOLVED, the Bremerton Planning Commission does hereby determine that the Thorniley petition for alley vacation does not require a 9 preliminary public hearing pursuant to BMC t l.,0.0.~0. BE IT FURTHER RESOLVED, the Bremerton Planning Commission recommends the APPROVAL of the Petition for Vacation of the referenced alley. Approved this 15th day of September, 1998. BILL ROBINSON, Committee Chair AGENDA ITEM BREMERTON PLANNING COMMISSION FOR AGENDA OF: September 15. 1998 ORIGINATOR: Mike Rems COMMITTEE CHAIR: Bill Robinson PUBLIC ,MEETING STUDY SESSION IN FORJ, IATION 1. SUBJECT: Planning Commission Resolution for not conducting a preliminary, public hearing for the Thorniley petition to vacate an undeveloped public alley. Applicant: Michael Thornitev, 2860 E. Marrowstone Island. Nordland. WA 8.~38 2. SUMMARY STATEMENT & REQUIREMENT FOR COMMISSION ACTION: Pursuant to BMC 11.20.030, the Planning Commission may determine if it wishes to hold a preliminary public hearing on a pe,tition for public way vacation, by establishing a time, place, and notice. 3 EXHIBITS A. Application B. Assessor Tax Lot Map C. Utility Axial Map D. Zoning Map E. Copy of BMC Chapter ll.20 F. Planning Commission Resolution 98-04 *NOTE: The exhibit list, with .the exception of "E" is inclusive with the City Council packet 4. RECOMMENDATION: The Planning Staff recommends that the Planning Commission adopt Resolution 98-04 to not require a public hearing for this petition to vacate an undeveloped ten foot alley, as referenced, and hereby approve and forward the petition to the City Council for their review and action. MODEL MOTION: I move that the Bremerton Planning Commission adopt Resolution 98-04 to not require a Public Hearing before the Planning Commission on the Thorniley Petition to Vacate an undeveloped ten toot wide alley, as referenced, and recommend that the Bremerton City Council approve the requested street vacation. 5. STAFF SUMMARY ANALYSIS Process: The application and petition was received on ,August 12. 1998. According to Zoning Code 21.02.850 the apptication is a TYPE Ill City Council Decision following a public hearing be~bre them. The action is subject to a recommendation provided by the Planning Commission after a public meeting. According to Bremerton Municipal Code (BMC) Chapter [ 1.20.030, the Ptanning Commission may conduct a public hearing. If so the matter would be scheduled fbr the October Commission meeting. Petition: The petition is to vacate the north 213.01 feet of an undeveloped ten (I0) foot wide alley in Block 3 of the Charleston Naw View Addition, located between Yantic Avenue and Hartford Avenue, immediately south of 1~t Avenue. The alley is between ag~egated lots number 1 through 7, with tax # 3736-003-001 fronting Hartford Street. and aggregated lots number 46 through 52 with tax #3730-003-046 fronting yantic Avenue. Both aggregated parcels are .49 of an acre for a total of both parcels of .98 of an acre, or approximately 42,688 square feet. The area of the proposed vacation (213.01 X 10) will be 2,130 square feet and combined with the existing two parcels will be an area of 44,818 square feet. Since the petitioner is owner of both aggregated parcels, it is Ns desire to absorb the 2,130 square feet into the two existing parcels for a contiguous ownership. Site Characteristics: The topography is hilly with the grade sloping toward the east. The zone is SF-3 with the Comprehensive Plan designation of MDR. The use to the north is Forest Ridge Park and the surrounding use is residential There is currently one single family residence ( 105 Yantic Avenue) located on the western .49 acre parcel and no structures on the eastern .49 acre parcel. SEPA: Street and alley vacations are exempt per WAC 197-11-800(2) (h). lo,- Comment Survey: Engineering Dept: They checked the legal and had no comments. Building Dept: No comments Puget Sound Energy; No utilities in alley Cascade Natural Gas: No utilities in alley This alley has not been served by public or private utilities since the plat was originally' approved. Valuation: The Department of Public Works has determined that the proposed vacated alley has an estimated value of $3.291.97. The estimation was tbrwarded to the City Attorney office to inform the petitioner as a preparation for the City Council consideration and public hearing. OFFICE OF CITY ATTORNEY SE? BREMERTON BUILDING DEPARTMENT 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 - FAX (360) 478-5161 · E-mail: legal@ci.bremerton.wa.us September 8, 1998 Michael Thorniley 2860 E. Marrowstone Road Nordland, Washington 98358 Re: Street Vacation Request - Alley in Charleston Navy View Addition Dear Mr. Thorniley: The City Engineer has reviewed your vacation request for the above referenced property. The processing fee is $509.00, payable to the City Treasurer. If you have not yet paid this fee, please do so promptly. Pursuant to RCW 35.79.030, the City will condition approval of the vacation on the payment of one-half the appraised value of the property. The proposed vacated road is appraised at $3,291.97. One-half this amount is $1,645.98. The Department of Economic and Community Development will process your I ~ request from this point. You may contact them at 478-5275. Sincerely, Douglas B. Fortner Assistant City Attorney cc: Department of Economic and Community Development -A- Equal Opportunity Employer August 20? 1998 ROUTING TO: DOUG FORTNER Legal Services FROM: LYNN FOWLER Department of Public Works and Utilities RE: Alley Vacation ~ The Plat Of Charleston Navy View Addition The Value of this Vacation is estimated ~ $3,291.97 Enclose please find the legal description (Exhibit "A") and map for the proposed alley vacation. Engineering has check this site and given an okay to proceed. THANK YOU Exhibit "A" Legal Description: Section 22, Township 24 N., Range 1 E. W.M. That portion of the plat of Charleston Navy View Addition #3736, recorded in volume 4, page 81, records of Kitsap County, Washington described as follows: That portion of the Alley being 12 feet wide, lying within block 3 of said plat of Charleston Navy View Addition, lying between lots 1-7 and 46-52. 102£22 CHARLESTON NAVY VIEW ADDI'rlON Chapter 11.20 STREET AND ALLEy VACATION PROCEDURE 11.20.010 11.20.020 11.20.030 11.20.040 11.20.050 11.20.060 11.20.070 PETITION - DESIGNATED. PETrrloN - EXAM/NATION, FEE AND REFERRA~ Itl. ARING BY PL&NNING COb[MISSION RECOMI~I~NDATIONS. HEARING BY COUNCIL - RESOLUTION .kN-D NOTICE. PROCESSING COSTS AND FII.ING FEE. AUTHORIgakTION BY ORDINANCE. DENIAL - RETURN 01' 11.20.010 PETITION - DESIGNATED. Any. owners having an imerest in any real estate abutting upon any strea or alley who may desire to vacate the ~eet or alley, or any ~ thereof~ shall petition the ciLy council to make va_m_6on in the manner prcMded in thi~q chapter. (Or& 2334 § 1, 1959). 11.20.020 PETITION - EXAMINATION, FEE AND REFERRAL. The petition shall be presem~ to the city engineer for exnmirmfion prior to the .rmyment of the filing fee. The petitioners shall ~ present the petition to the city treasurer, and pay the_ treasurer a filing fee as prov/d~ for by. resolution of the city council. The city trmsu~r, upon receipt of such filing fee, ~hall ell~rs~ u]~n the petition a receipt of payment, and, in addition thereto, furnish to the petitioner a separate written receipt showing the payment. The petition ~hall then be presented to the clerk who will in mm refer/3ae petition to the planning commlr, sion for examination and recommendation_ (Ord. 3688 §9, 1982; Ord. 3597 §7, 1980; Ord. 2334 §2, 1959). 11.20.030 ItEARING BY PLANNING COMMISSION RE CO/~M2ENDATIONS. The planning commiss/on may, if it sees fit, hold a preliminary public hearing there~n at such time, place, and upon such notice as the commit~5on may determine. The petitioners and all other persons interested in the vacation shall have an opportunity to be heard at the hearing. The planning commi%'ion after such hem-lng ,,hall return the petition to the city council with im written recommendations. (Ord. 2334 §3, 1959). 11.20.040 B2EAR.ING BY COUNCIL - RESOLUTION AND NOTICE. Upon receipt of the petition and recommendation, the council will then set a date wl~n th~ petition shall be heard and shall instruct the. city attorney to draft a resolution, ~ which the time the petition shall be heard shall be determined, which ~hall be not more ~ sixty days nor less than twenty days after the date of adoption of the resolution, and the city clerk shall give twenty days' notice of the pendency of the petition l:ry written notice posted in three of the most public places in the city and a like notice in a conspicuous place on the street or alley sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the street or alley de.scm'bed in the notice, together with a statement of the time and place fixed for the heating thereof. (Ord. 2334 §4, 1959). I1.20.0~q3 PROCESSING COSTS AND FILLNG FEE. If the costs of processing the petition for vacation is greater than the fee, then the city shall demand and receive from the petitioners, before vacating the street, the difference between the costs involved and the filing fee. (Ord. 2334 §5, 1959). 11.20.060 AUTttORI7A. TION BY ORDINANCE. At the time appointed for the hearing of the petition, the petition shall be heard and if ~ council determines to grant the petition or any 11-12 1o3 or~irmr~ the wacation of such street or alley or for tl~ ~n ~ ~ ~ ~ ~ ~~ or n~lifi~ ~ ~. (~ 2334 ~, 1959). 11.20.070 DENIA.L - RETURN OF FII.ING FE~ In the event that the city council al the hearing on the petition shall deny the vacation of the street or alley, the city may if it de~n~ it to tt~ be~t inter~l oftt~ city, r~tmm ~ filing fee to the petitionea~. (Ord. 2334 §7, 1959). 11-13 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Public Hearing regarding the adoption of Moratorium Resolution No. 267b' regarding the prohibition of piers and docks within the channel between Ostrich and Oyster Bay. FOR AGENDA OF: November 4. 1998 ORIGINATING DEPT: DECD ORIGINATOR: Jon Holan DATE SUBMITTED: OctolSer 27, 1998 2. CLEARANCES: (Comment on backirnecessa,'y) 3. EXHIBITS: DAr. ofDECD: ~ ¥ ~ n ~ 1. Resolution # City Attorney: ~ ~7~--~ /,j~-~r,.'/f-~,~ 2. Staff' Report -- Council Study Sessions .... r/~.__.--) Council Committee q ~ ~ Council Committee ENDORSEMENT ,~ INFORMATION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENTS FOR COUNCIL ACTION: The City Council approved Ordinance 4634 to amend the City's Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay. This matter has been forwarded to the state Department of Ecology for final adoption. The current moratorium is due to expire on Thursday, November 5, 1998. A new moratorium is being requested to allow staffto respond to requests being made by DOE staffand to allow the Shoreline Master Program be properly updated. RECOMMENDATION: It is recommended that Council, by Resolution # g~g , adopt the Moratorium for six months or until the Shoreline Master Program has been amended properly, whichever shall occur first. 9. RESPONSIBLE OFFICIAL: Jori Holau ENFORCEMENT OFFICIAL: Jon Holan EXPIRATION DATE: REVIE~V DATE: N/A N/A 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED AMENDED DATE: -lOC 11. AGENDA BILL NO.: 105' CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Piers and docks could become vested in the channel between Oyster and Ostrich Bay. 6. IMPACT ON STAFFENG. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: There has been a considerable amount ofstafftime already expended on the piers and docks issue in the Oyster/Ostrich Bay channel. There ;vill continue ~o be additional time and resources expended. 7. RESEARCH SOURCES: N/A AGBILL.MOR lot, RESOLUTION # ,07B A RESOLUTION TO ESTABLISH A MORATORIUM ON THE DEVELOPMENT OF DOCKS AND PIERS WITHIN THE CHANNEL BETWEEN OYSTER AND OSTRICH BAYS WHEREAS, the channel between Oyster Bay and Ostrich Bay is physically narrow and shallow, especially at low tide; and unique intense WHEREAS, the channel between Oyster Bay and Ostrich Bay is an area of and hazardous characteristics and physical limitations that are incompatible with development, including the construction of docks and piers; and WHEREAS, the Planning Commission of the City of Bremerton adopted Resolution 97-2 on October 21, 1997 recommending the establishment of a special shoreline environment designation to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay due to navigational hazards, aesthetic impacts and environmental and public trust issues; and WHEREAS, an environmental checklist was prepared and a Determination of Non-Significance was issued on May 7, 1998 consistent with the requirements of the State Environmental Policy Act; and WHEREAS, the Planning Commission held a public hearing on the proposed prohibition on May 19, 1998 and adopted Resolution 98-1 recommending proposed amendments to the City of Bremerton's Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay; and WHEREAS, the City Council held a public hearing on August 12, 1998 and approved Ordinance 4634 at that the conclusion of that hearing to amend the Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay; and WHEREAS, a preponderance of testimony at the August 12 public hearing establishes that there are navigation and safety issues by allowing piers and docks to be located within the channel; and WHEREAS, pursuant to state law, the proposed amendment to the City of Bremerton's Shoreline Master Program was submitted to the State Department of Ecology on August 26, 1998; and WHEREAS, state law does not specify the time limits for the Department of Ecology to begin the review process for an amendment to a shoreline master program; and 103- WHEREAS, to date the Department of Ecology has not issued in writing a notification that a complete submittal has been received from the City of Bremerton on the proposed amendment which was not anticipated by the City; and WHEREAS, the review process will not commence until said notification is issued by the Department of Ecology and that the review process requires a minimum of 45 days to complete; and WHEREAS, without a moratorium, applications for piers and docks within the channel can be made and become vested contrary to the expressed policy direction of the City Council. NOW, TItEREFORE, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. Findings. The above recitals are adopted as Findings of Fact. 2. Conclusions. Based on the findings and the extensive city records in this matter, the City Council of the City of Bremerton concludes: a.) The issuance of permits to allow docks and piers within the confines of the channel between Oyster Bay and Ostrich Bay as defined on attached Exhibit A poses a potential danger to navigation and a threat to public safety; b.) It is in the public interest to prohibit the construction of any dock or pier within the confines of the channel between Oyster Bay and Ostrich Bay; c.) The completion of the review process of Ordinance 4634 amending the Shoreline Master Program to prohibit docks and piers within the channel between Oyster Bay and Ostrich Bay by the State Department of Ecology is unknown at this time. d.) The vesting of applications received prior to State Department of Ecology approval of the proposed program amendment may result in the installation of piers and docks within the channel that pose a public threat and that therefore an emergency action is required by the City Council to prohibit dock and pier applications until the Department of Ecology has completed its review. 3. SEPA Compliance. Pursuant to Bremerton Municipal Code Ch. 21.12, and Washington Administrative Code 197-11-600, any agency acting on the same proposal shall use an environmental document unchanged. The City Council finds that SEPA review of the proposed permanent regulations has been conducted, as set forth above, and that this moratorium is the same proposal for purposes of environmental review. lob 4. Imposition of Moratorium. A moratorium is hereby declared with respect to the acceptance of applications for and the issuance of any permit or approval currently required to construct or install piers and docks within the channel between Oyster Bay and Ostrich Bay as defined on attached Exhibit A. 5. Effective Date and Time Limit. This prohibition shall take effect on November 5, 1998 and shall terminate six (6) months from the date of this approval or until an amendment to the City of Bremerton Shoreline Master Program can be approved by the State Department of Ecology, whichever shall occur first. PASSED, by the City Council of the City of Bremerton this ,19 . day of David D. Farr, President 0 II :,_.