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HomeMy WebLinkAbout12/30/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA DECEMBER 30, 1997 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business o CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes - December 17, 1997 #AB97-273 ! CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) NEW BUSINESS Grants Writer Contract - Jeffry Young Lease Agreement- Kitsap Transit Bremerton Kitsap Access Television - Kitsap County Funding Agreement (CONTINUED NEXT PAGE) #AB97-274 #AB97-275 #AB97-276 o 10. 11 D. Bremerton Kitsap Access Television - Kitsap County Governmental Services Agreement RESOLUTIONS A. Resolution #2641 Re-authorizing An Interfund Loan From The Water Fund To The Wastewater Fund ORDINANCES A. Ordinance #4618 (Second Reading) Setting Water And Wastewater Rates B. Ordinance ~-4619 (Second Reading) Amending Shoreline Master Program Docks/Piers In Oyster Bay Channel PUBLIC HEARING - 6:00 P.M. OR LATER A. Ordinance (First Reading) Vacating Unopened Streets In Plat of Port Orchard And Plat Of Charleston By Operation Of Law B. Ordinance (First Reading) Vacating D, E, F, G, And H Streets West Of SR3, And Bayview Between C and E Streets C. Declaration Of Surplus Property Within Blocks 14, 20, 21, 22, 23, 25 and 28, Plat of Bremerton Heights #AB97-277 #AB97-278 #AB97-271 #AB97-272 #AB97-279 #AB97-280 #AB97-281 ?/ AGENDA BILL BRI~ERTON CITY COU'NCIL 1. SUBJECT':' MINUTES - DECEMBER 17, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: DECEMBER 30, 1997 'City Council David Farr~ President 12-23-97 2. ~: (comment on back if necessary) ENDORSEMENT INFORMATION MAYOR COUNCIL 4. SUM24A~¥ STATEMENT AND REOUIREMENT FOR COUNCIL AcTIoN: 8. RECOMNENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PUT.LED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED .DISAPPROVED ~.DATE: AMENDED ii. AGFA'DX UNAPPROVED DRAFf TAPE#1510 CITY COUCIL MEETING MINUTES DECEMBER 17, 1997 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 December 10 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Sherril Huff- Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Also present were Assistant 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 Carl Johnson of Peninsula Bible Fellowship. President Farr made the following announcements: 1. Council held a Study Session to discuss general business immediately prior to the Council meeting. 2. Following the pre-Council Study Session, Council held an Executive Session To discuss "personnel" issues. 3. The Executive Session scheduled immediately following the Council meeting To discuss "Contract Negotiations" was canceled. CONSENT AGENDA A. Minutes of Meeting - December 3, 1997 #AB97-262 #002'1 M/S/C/U (Neville/Montgomery) Motion to approve the Consent Agenda as presented. 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. #0041 MISICIU (Colvin/Montgomery) On December 17, 1997, the Council does approve for payment those vouchers included and further described as follows: 215245, 215270 through 215445 in the amount of $210,437.69. COUNCIL MEMBER REPORTS Mr. Colvin thanked everyone who honored him at the December 4th District #1 meeting. He was overwhelmed with that recognition and hopes that he merits all of the compliments he received. TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 2 of 13 Mr. Law announced the next Distdct #3 Neighborhood Meeting will be held January 20, 1997, 7:00 P.M., at the Senior Center. Mr. Overson stated he wanted to recognize the contributions by the Swing City Committee, which is a volunteer group that works on downtown activities. Besides sponsoring a weekend event, they sponsored a Giving Tree for needy children and as a result have provided 28 children with gifts. Mr. Neville extended a special "thank you" to the Swing City Committee for all their work within the community. Mrs. Huff-Menees thanked Mayor Horton and Randy Witt, City Engineer, and Lynn Price, Traffic Engineer, for their participation at the Districts #6, #7 and #8 Neighborhood Meeting on December 16.. That meeting was well att~ded and those citizens were apart of reaching some solutions on some of the questions regarding street closures. She thanked everyone for attending that meeting and hoped they would support future District .~lteetings. Mr. Montgomery stated the joint Council District Neighborhood meeting was excellent and the next step will be to take the street issues before the Traffic Safety Committee. He received a packet of information on studying SR16 in which 14 citizens of Kitsap County were called in and paid $40.00 for a one-day session to discuss issues relating to SR,-16. Attendance at that meeting included 12 from the City of Tacoma, who supported building a second bridge with a toll charge included. The 14 members from Kitsap County were more interested in getting better ferry service and would be willing to pay a higher ferry rate. Mr. Montgomery stressed that group does not represent the majority of Kitsap County and announced a meeting on this issue will be held early in 1998. He welcomes comments from the public on'this issue. Mr. Farr apologized to District #6 residents that he was unable to attend the joint District Neighborhood meeting. He thanked Council members Sherril Huff- Menees and Carlos Montgomery for covering that meeting for him. MAYOR'S REPORT Mayor Lynn Horton extended her congratulations to the Bremerton High School Senior Class for their outstanding showings in the SAT Test. Compared to the national trend, which has been declining, the Bremerton Seniors' score went up. 40% of the graduating Senior class took the SAT test indicating they are seriously considering going on to college and seek financial aid. Mayor Horton introduced Dennis Rainey, President of the Bremerton Central Lions Club. Mr. Rainey presented Bill Eley, Information Services Manager, a recognition plaque for the program he presented at a Bremerton Central Lions TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page3 of 13 Club meeting that involved editing and showing a shortened version of the movie "Tuskegee Airmen". Bill Eley stated it was a privilege to work with and for Councilman Colvin. Mayor Horton added that Art Anderson and Associates provided a "boxlight" projector for Mr. Eley to use in making his presentation. Fire Chief Al Duke reported 148 personnel from around the county responded along side of 50+ Bremerton Fire Department personnel during the first 24-hour period of the Kona Village Apartments fire. The City received additional assistance from the Seattle Fire Department, Tacoma Fire Department, Auburn Fire Department, Enumclaw Fire Department, and Bainbridge Island Fire Department. Additional support was recei~ved from 23 support agencies, i.e. American Red Cross, St. Luke's Methodist Church, etc. It has been estimated that close to 800 people were involved in supporting the City in this operation. Mayor Horton and Fire Chief Duke presented the following Fire Departments and Fire Districts Certificates of Appreciation and a plaque in appreciation for their support during the Kona Village Apartments fire: Puget Sound Naval Shipyard Fire Department, Kitsap County Fire Districts #1, #7, #10, #12, #15, #18 and City of Poulsbo, Mason Fire Districts #2, #3, #5. Mayor Horton thanked everyone for the outstanding effort they gave in assisting the City in this operation. Fire Chief Duke expressed his deep appreciation for the assistance the City received during the long 4-days. PUBLIC RECOGNITION Bob Sauter, President Kitsap County Veterans Coalition, announced the residents within the City of Bremerton and Kitsap County have exceeded Pierce and King County in the amount of financial donations for the VWVII Memorial. Financial donations in the amount of $5,390.00 have been collected within the past three weeks. He noted $200,000 must be collected by March 1, 1998, in order to break ground and make the memorial a reality by Veterans Day 1998. On another issue, the Navy has decided to open us the USS Missouri for six days in January. He requested 45,000 tickets to accommodate one for every veteran in Kitsap County. It concerned him that the Navy overlooked all of the veteran's organizations within Kitsap County except three. The Kitsap County Veterans' Coalition represents 45,000 veterans. The Navy estimated 40,000 veterans in the State of Washington; however, there are over 700,000. He related comments in a letter he received from an Oregon State veteran, who received four Purple Hearts and medically discharged due to those wounds, about the poor treatment he received from a Puget Sound Naval Shipyard gate guard when he asked about seeing the USS Missouri. Mr. Sauter felt it was important that someone with authority from the City contact the Navy about how people should be treated by the gate guards. He received 175 telephone calls and 50 letters within the past week on the moving of the USS Missouri. Reverent Cleveland Williams, Ebenezer A.M.E. Church, stated he was approached by military personnel off the USS Carl Vinson, which is under the TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 4 of 13 command of Captain Crocker, volunteering to do something that would make a difference within the Bremerton community. As a result of that offer, Ebenezer A.M.E. Church, USS Carl Vinson volunteers and several concerned individuals and merchants will be putting on a free Christmas dinner on Christmas Day for all homeless people throughout Kitsap County. This event will take place at the Sheridan Park Recreation Center, from 12:00 noon - 4:00 P.M. He is overwhelmed with the offers of food from local restaurants for this event, which he views as a continuation of the outpouring of caring from the Bremerton community that was evident during the Kona Village Apartments fire. Volunteers to help on this event are welcome. Karen Williams extended a special invitation to the public to attend the Fourth Annual Martin Luther King Jr. Celebration on January 19, 1998, 10:30 AM - '1:00 P.M., at the Kitsap Pavilion. This event is sponsored by the Kitsap County Commissioners, City of Bremerton and Ebenezer A.M.E. Church. She also extended an open invitation to the public to join the Martin Luther King Community Choir. Rehearsals for the Choir will be held January 2, 9, and 16 at 7:30 P.M., at the Ebenezer A.M.E. Church. Gordy Byrd stated he was asked by someone to find out when streets will be changed to "one-way" as part of the new entrance into Bremerton. President Fart explained that issue was resolved several months ago and the option selected was not the one-way couplet street system. David Butcher, Bremerton resident, stated last month he was before Council to address a zoning issue that related to a property at 1048 4th Street. Following that meeting, he received a letter from Judy Johnson, Department of Community Development, instructing him that he could apply for a Special Use Permit to allow a particular use at that site. Two different parties were interested in opening a business at that site; however neither of them fit in the current zoning. At this point, he asked for more input from the City Council regarding the change in zoning that applied to his property on 4th Street. President Farr stated he did see the letter sent by Ms. Johnson and he will ask her to review it once again. H. Emily Moshay, Swing City Committee, thanked everyone who attended the First Annual Craft Show, which was held in the old Woolworth Building. As a result of that event, the Committee presented $50.00 plus a large basket of food to the Bremerton Food Line. Through the Giving Tree, which was chaired by Ellie Overson, 34 children will receive Christmas gifts. Marji Sincdeton stated her objection over the Planning Department's action requiring a Building Permit for a stairway constructed at her mother's residence at 518 7th Street. Because the structure they built provides an easier access for her disabled mother and it works fine as it currently stands, she does not want to go through the Permitting process because the City's 10-foot setback TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Pag¢5 of 13 requirement would be impossible to meet considering the structures original stairway. Therefore, she requested the Council to grandfather in the stairway that was constructed for her disabled mother. She emphasized the structure that is currently in place is very sturdy. She had an additional concern relating to the way trucks and vehicles park in an adjoining parking lot where they come extremely close to her mother's house. Susan Brown, Bremerton resident, stated she was confused about when the decision was made by the Council to not be seated as a committee to address her formal complaint filed against two members of the City council. She referenced Council's Policies and Procedures and cited the procedure for convening an Executive Session. Mr. Neville stated Council did not hold an Executive Session to discuss the claim. He informally asked the non-affected Council members if they saw any reason to continue discussion of the claim after receiving three legal opinions. No one voiced that it should continue any further. Mrs. Brown challenged that under the law Council needed to convene a meeting to address her claim. Glenna Malanca, Assistant City Attorney, explained a determination has been reached that there is a threshold decision upon the initial investigation and that there be no further investigation, which is the City's legal interpretation. Mrs. Brown stated she believes the procedure needs to be written more clearly when the Ethics Code is rewritten. Ms. Malanca stated the code is clear and whether it would be changed upon review would be determined by the City Council. Mrs. Brown stated a letter needed to be written to the claimant, City Attorney, and the accused that includes a written finding. Ms. Malanca emphasized a determination was made that there was not reasonable cause to proceed. She believed Mrs. Brown received a letter stating that determination. Mrs. Brown stated the letter was dated December 8, 1997. She believes that the process was continuing after that letter was sent to her. Mr. Neville stated no. Mrs. Brown stated then the leader of the committee rather than the entire committee made the decision. Ms. Malanca stated for clarification not everything was handled informally, there was an investigation pursuant to the ordinance and there was a determination that no reasonable cause existed and there was a formal opinion on that issue. She believes the finding of lack of reasonable cause was the informal part of the process. Mr. Neville stated right. Mrs. Brown stated that phrasing is not written in the law. She has applied for a Public Disclosure to obtain paper work involved in this issue and asked how soon would her request be fulfilled. Ms. Malanca stated she believed Mrs. Brown had been informed that the City Attorney, lan Sievers, would review that request and respond sometime after December 22. Mrs. Brown stated she was told Mr. Sievers would review her request on December 12. Ms. Malanca stated Mrs. Brown should have a written response mailed on December 18 indicating details of the schedule of a review. There is no promise that further written materials will be appropriately provided since it will depend on what is or is not determined to be a public record. Mrs. Brown stated since rewriting the Code of Ethics will take leadership in the next Council that will be TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 6 of 13 seated in January, she wanted to know who is running for the Council President position and whether or not there is a commitment on their part to carry out that task. Mr. Neville pointed out that has not yet been determined. President Fan' stated running for a Council position is an option dght up to the time the election is held. Anyone on the Council can choose to respond to her request; however, she was again referring to the internal office elections of the City Council, which will take place on January 7, '1998. No one is obligated to indicate whether or not they intend to seek any of the public offices at this time. Mrs. Brown stated then there is no opportunity for public input to that action. President Farr stated that election process is strictly within the Council and the only ones voting on the Council offices are the seated City Council members. Larry Dickerson, Bremerton resident, stated it is his belief that elected City Officials work for the taxpayers, who are the "boss", not elected officials. He was concerned over inappropriate language used by two elected officials when he had an opportunity to speak with them recently. He asked when the City Council approves an ordinance, particularly those that have a criminal basis, i.e., misdemeanor, have questions been asked by the Council as to the enforcing authorities and how enforcement will be handled? He believes Council and citizens of Bremerton were "sold a bill of goods" on the SOAP Ordinance. Currently, there is a booking problem at the Kitsap County Jail, i.e. they can not handled misdemeanor cases. Therefore, there is no way to get someone arrested for prostitution without booking them on that charge. VVhen he called the Kitsap County Prosecuting Office, they told him they were not aware of the SOAP order, which leads him to believe they were not considered as a prosecutorial side of the ordinance. In the future, he hoped council would ask the presenting staff how enforcement would be handled. He doubted "sting" type actions by the Police would bring the desired results. It concerned him that local women through threat of intimidation, drugs, and prostitution are victimizing innocent people. He feels strongly that "the system" has to work, but the system is broken. 8A - COMMUTE TRIP REDUCTION PLAN AGREEMENT WITH KITSAP TRANSIT, #AB97-263 This item is a continuation of an on-going agreement with Kitsap Transit t administer all applicable plans and comply with applicable ordinance regarding Commute Trip reduction Plans. The funding for this comes from the State DOT and is turned over to Kitsap Transit per the agreement. John Clauson, Service Development Director for Kitsap Transit, stated the State Legislature adopted a Commute Trip Reduction Law in 1992, in an effort to assist in combating problems experienced throughout the state of air pollution, traffic congestion and use of energies of fossil fuels. This law requires all jurisdictions in nine Counties to adopt ordinances that require large major employers, who fit a definite definition to come up with a program to encourage their employees to TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 7 of 13 not travel to work alone in their automobiles. At that time, Kitsap Transit was asked to take the lead in administering that program since their jurisdiction encompasses all of the cities and a good portion of Kitsap County, which they did. In doing that, they entered into agreements with the cities and the County and together with the major employers affected by this law, drafted ordinances that were adopted by the local jurisdictions. Recently, the State Legislature re- addressed that law, which resulted in some minor changes and two major items. The two major items were the downward adjustment of required goals of major employers and extended the life of the Commute Trip Reduction Law out to year 2006. That action required Kitsap Transit to revisit this agreement, which would terminate in 1999, to extend the life of the agreement and make the necessary adjustments to the goals. That is the process that brings them back before Council and the need to approve the agreement as presented. Kitsap County and City of Port Orchard have already approved their revised agreement. Bob Jaenicke, Bremerton resident, asked what would this cost the taxpayers. Mr. Clauson stated it is difficult to quote an exact number as it will not result in any change in taxes or expectations of cost beyond the prior agreement. The law has been extended giving them more time to deal with the program. Mr. McConnell asked if Mr. Clauson had an estimate on how many trips were reduced in 1996. Mr. Clauson stated 1997 was a mile stone year for the Commute Trip Reduction law. The major employers required to comply with this law were required to survey their employees to determine the level of success in reaching their goal. Out of the 27-30 employers in Kitsap County that are affected by this law, 13 achieved the goal and all of them are in compliance with the law. There is 100% compliance within Kitsap County. Of those that did not achieve their goal, the majority of them are heading in the right direction. Mr. McConnell questioned if he understood correctly that the Washington State Department of Transportation provides the funding. Mr. Clauson stated yes, the State provides funding to the County to help fund the whole program. Mr. Colvin expressed his appreciation of citizens asking questions on issues before Council. He questioned the goal set by the State? Mr. Clauson stated the 1997 goals are 20% in the change in single occupancy vehicles (SOV), 25% in 1999, and 35% by year 2005. Mr. Colvin asked how this program is evaluated and is their progress being made? Mr. Clauson explained the employers are required to survey their employees, during the milestone years, as to how they travel to work and that is the basis for the determination whether or not they have succeeded in reaching their goal. President Farr stated he was not sure Mr. Jaenicke's question was completely answered. He referenced the Agenda Bill form, under item #6 - Impact on staffing, budgets, facilities, etc., which stated "none", but within the documentation it states communities over a certain size develop Commute Trip TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 8 of 13 Reduction Plans, which are then funded by the State Department of Transportation. Those funds are forwarded to the County and distributed to the other jurisdictions. He will provide Mr. Jaenicke more detailed information on that point at a later date. Bob Fer,quson, TDM Administrator for Kitsap Transit, stated a 2-year grant of $256,000 is provided by the State DOT, which is then dispersed by the County to the various jurisdictions. The 13 employers that did meet the 1997 Commute Trip Reduction goals, using the Department of Ecology's formula, were able to prevent approximately 30 million vehicle miles of travel, approximately 4,000 vehicles have been removed from the roadways per day during commute rush hour and 2 million dollars in fuel cost saved and prevent 1.5 million pounds of air pollution. #2024 MlSlClU(Huff-Menees/Neville) Motion to approve the continuation of the agreement with Kitsap Transit and authorize the Mayor to sign the agreement for the City. 9A- RESOLUTION 32640, SETTING FEES FOR GOLD MOUNTAIN GOLF COMPLEX AND REPEALING RESOLUTION #2571, #AB97-264 In order for the City's Gold Mountain Golf Complex to remain financially sound, it is necessary to implement fee changes on a regular basis. As has been demonstrated through the financial modeling of the course operation, rate increases are required for the complex to remain financially sound. Fees at the complex were last changed January 1, 1997. Jim Spencer, Parks and Recreation Director, stated this issue addresses two segments: (1) the Cascade Course - the proposed rate increase is 5.2% overall, which is consistent with the increases historically seen on that course. (2) The new Olympic Course - the philosophy has been changed to be more aggressive in terms of revenue generated and treating it more business like as opposed to what they are seeing on the Cascade Course. In both instances the proposed fee increases are competitive and consistent with the quality of the project being delivered to the local golfer. The Gold Mountain Board of Directors and the Parks and Recreation Commission have endorsed the proposed fee increases. Public comment - none. #2163 MISIClU(NevillelMontgomery) Motion to pass Resolution #2640 setting forth a fee structure for Gold Mountain Golf Course and repealing Resolution #2571. 10A - ORDINANCE #46IS(SECOND READING) ADOPTING THE 199P, BUDGET~ #AB97-252 Rich Hanna, City Treasurer, stated he distributed updated pages of the Budget document to the Council members at their pre-Council Study Session for TAPE #1510 City Council Reg. Mtg Minutes December 17, 1997 Page 9 of 13 allocation of Fund 104 (Hotel/Motel Tax), which accurately reflects the results of Council's deliberations on that issue. Del Knauss, Bremerton resident, stated he believed Bremerton Main Street Association was the only group that actually accomplishes something for the money they receive. He suggested giving each of the five groups identified $19,000 instead of the amounts listed in the budget document pages. He pointed out in 1994 the Mayor's salary was $57,648 and the total Mayor's operating budget was $128,183. The 1998 budget shows the Mayor's salary as $67,961 and the operating budget costs at $212,241.00. He emphasized in four years that office's budget went up by $84,00~. The Mayor's salary, in four years, has increased by $10,013.00. He hoped that other departmental budgets had not increased by the same percentages as those in the Mayor's office. He referenced the Police Department Budget, questioned the need for an Assistant Police Chief, and assumed the position of an Administrative Analyst referred to consultant services. He questioned why pay a consultant to determine what is wrong with the Police Department when the Mayor and Police Chief can determine it. He referenced the City Council's budget and pointed out the documentation does not include the stipend that was allocated for the City Council President. It was his opinion that the City Council needed to take formal action to implement their increase in salary prior to approving their departmental budget. Lastly, he addressed the utility tax rates: (1) electric 6%, (2) gas 6%, (3) cable TV 7%; (4) telephone 6%, (5) water 6%, (6) wastewater 6%, (7) garbage tax 16%. In his opinion, under the garbage tax, the City is overcharging the citizens $40,000 for every percent over the legal limit. He believes the Attorney General's opinion on this tax was quite clear and if Council does not address that issue, they could find themselves in trouble in 1998. Teresa Findlay, Bremerton resident, stated since Sherril Huff-Menees accepted the position as Executive Director of Kitsap Regional Council in 1998, she should remove herself from being seated or speaking on this agenda item. Ramona Hopkins, Bremerton resident, stated since Councilman Lon Overson and his wife own a Bed & Breakfast establishment he should step down from speaking on or voting on the 1998 Budget. Jack Lefcoski, Bremerton resident, stated considering several new Council members will be seated January 1, 1998, he recommended delaying any action on the 1998 budget until after that date. Paul Drnjevic,, Citizens for Safe Water, asked that the funding for fluoridation of the Bremerton water system be removed from the 1998 Budget. He believes that a Council Retreat held on April 19, 1997, was illegal because there was not adequate public notice given, that fluoridation was not a published retreat agenda item; that fluoridation was not an appropriate topic to discuss because it was a TAPE #1510 City Counc~Reg. MtgMinutes December 17,1997 Page l0ofl3 published Bremerton City Council agenda item for April 23, 1997; and there was a majority of the City council members present. He requested he be provided copies of any publicity advertised notices, the dates they were advertised, and which showed the retreat and agenda items. He also wants copies of Council Agendas and minutes of meetings of March 26, 1997, April 2, 9, 16, and 23, and copies of the agenda for the April 19, 1997 retreat. If fluoridation is not removed from the City of Bremerton 1998 budget, they will pursue further legal avenues. Glenna Malanca, Assistant City Attomey, stated there could be two possible areas of analysis, one would be an incompatible office and their particular requirements for the two offices that don't apply in this case and the other would be a potential conflict of interest, which would be a personal financial benefit to the Council member. A benefit would be if there was an amount of contribution by the City to the Kitsap Regional Coordinating Council that would flow personally to the Council member. Therefore, she was not concerned about a vote on the 1998 budget by that Council member. Mrs. Huff-Menees stated in anticipation of a possible controversy over this issue, she did seek legal counsel. She is currently serving as staff of the Kitsap Regional Coordinating Council and was advised by legal counsel that she could stay seated and vote on the issue by disclosing her position on the Regional coordinating Council or abstain from voting. She has participated in budget discussions and on first reading of the budget ordinance she abstained from voting and she will abstain from voting at this time. Ms. Malanca stated the second conflict of interest allegation involved in Ms. Hopkins' comments relates to Lon Overson's ownership of a Bed & Breakfast. The fact that there are advertisements for hotels/motels/bed & breakfast establishments in the Bremerton area, the personal benefit would be so very remote that it is not a concern. President Farr stated based on that legal opinion, all Council members would remain seated. #2976 MISIC(MontgomerylMcConnell) Motion to pass Ordinance #4615, on second reading, approving the 1998 Budget. Mr. McConnell pointed out State law requires the City to adopt the coming years' budget prior to its effective date of January 1, 1998; therefore, Council cannot postpone taking the required action. Mr. Overson stated in response to Mr. Lefcoski's concern, there are adequate opportunities for the new administration to make modifications to the budget as they see fit. Mr. Colvin noted the 1998 Budget is not etched in concrete and emphasized the fact that the Council members elect have not had the same background data as the Council to make the budgetary decisions. He questioned whether or not the issue brought up by Mr. Drnjevic about Council having an "illegal" retreat applies to this discussion. President Farr pointed that issue had already been TAPE #1510 City Council Reg. Mtg. Minutes December 17, 1997 Page 11 of 13 addressed several times in the past and the legal opinion was that Council had not compromised the Open Meeting Act. Moreover, that discussion is not pertinent to this item. Mr. Law expressed his support of funding for the Naval Museum and pointed out people have to have something to see when they visit this area. It concerned him greatly that funding for the museum had been drastically cut and in his opinion would give the Naval Museum Board few options that could end up closing the museum, look for other sponsors or relocate somewhere else within Kitsap County. The museum just received notice today that they will be able to take custody of the sale from the namesake submarine USS Bremerton; however, they may not have a place to put it. He also supported allocating funds for the Bremerton Main Street Association based on their sponsored events that bring people into Bremerton. Because of his concerns, he will not support the budget as presented. TAPE #1511 Mr. Overson stated he also had concerns over the distribution of Fund 104 and the support for the Naval Museum. He wants to see Council involved in attempting to resolve the continuing concern in how best to use the funds and in the development of contract agreements with each of the organizations receiving Motel/Motel Tax funding. He feels it is important that an ongoing effort be made to make future allocations of these funds more scientific and more affective. In regard to the issue brought up by Ms. Hopkins, he and his wife do own a small Bed & Breakfast (3-rooms), which is basically full most of the year. He doubted they would see much more business from the Visitor & Convention Bureau's activities. They normally see most of their support from other areas that result from advertising that they place in the Seattle area. Mr. Neville emphasized there is never enough money to meet all the needs and requests. The Lodging Tax Committee was appointed and they took their task seriously and provided a recommendation to Council, which is not being followed. Every year some kind of "fix" is attempted, but none have been successful. The 1998 Budget has been studied extensively and will be a working budget for the coming year. Vote on Motion: In Favor: Montgomery, Neville, Farr, Overson, McConnell, Colvin Oppose: Law Abstain: Huff-Menees Motion carried. 10B - ORDINANCE#4616 {SECOND READING) AMENDING THE 1997 BUDGET, #AB97-261 TAPE #151~ Ci~ Council l~g. Mtg. Minutes December 17, 1997 Page 12 of 13 Glenna Malanca, Assistant City Attomey, stated Council members Al Colvin and Cecil McConnell should step down due to their being personally benefited through this ordinance. Mr. Colvin and Mr. McConnell stepped down and left the Council Chambers at 7:15 P.M. Public comment - none. #0140 MISICiU(MontgomerylHuff-Menees) Motion to pass Ordinance #4616, on second reading, amending the 1997 Budget._. Mr. McConnell and Mr. Colvin returned to Council Chambers at 7:17 P.M. 1'IA - PUBLIC HEARING - TO CONSIDER THE OYSTER BAY AVENUF RFTONE AND A RELATED ORDINANCE (FIRST READING) TO AMEND THF OFFICIAL ZONING MAP, IF APPROVED, #AB97-265 Upon completion of the 67-acre Oyster Bay Avenue Annexation earlier this year, some lands were brought into the City with zoning which was inconsistent with the Comprehensive Plan. The northem portion of the annexation area was given temporary Iow-density residential zoning upon annexation, in recognition of an existing neighborhood, and with the understanding that the City's Comprehensive Plan called for a transition to commercial, when appropriate. The area has changed considerably since its annexation and this rezone is now appropriate. Following its public hearing on July 15, the Planning Commission considered the Rezone proposal and recommended City Council approval of the "GB (General Business)" zone, which is consistent with the current Comprehensive Plan designation. Ron Houqh, Planning Manager, Stated the Oyster Bay Rezone started in February 1990, when the City adopted the West Hills Area Plan that addressed streets, utilities and land use. All of the area identified in the Plan has been annexed into the City in 2-3 sections at a time. The annexed area was given a City Comprehensive Plan designation and City zoning. Part of the City zoning was to place the residential properties on hold temporarily in the Residential Zone even though the long-range plan designated it as commercial. The definition of that kind of action is called "phasing", and is a section of the Zoning Ordinance that allows the City to place zoning that is not directly consistent with the Comprehensive Plan with the intention of brining it into consistency at a later date. The City was also undergoing a program to establish an "odor easement" in the area to remove potential residential odor related problems and impacts on the neighborhood. Since the area was annexed, most of the homes have been TAPE #151~ City Council Reg. Mtg. Minutes December 17, 1997 Page 13 of 13 removed, and the City Administration determined that now is an appropriate time to change the zoning to bring it into consistency with the Comprehensive Plan. President Fart asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Admiral Ross stated he was concemed about 3-4 houses between Oyster Bay and Cottman Street. He wanted to know what the City plans to do with the subject property. Mr. Houqh stated he was not sure if the property identified by Mr. Ross was in the odor easement program. If it isn't, it is proposed to be zoned General Business and the houses currently in place would continue to be legal non-conforming uses and would remain houses virtually forever. The City's Zoning Ordinance even allows a house to be rebuilt if it is totally destroyed. Mr. Ross has the opportunity to develop his property as a business, sell it for business use or have it remain residential. Mr. Mont.qomery questioned how the City could include a State Highway in a rezone. Mr. Houqh explained City limits go beyond the freeway to the east so when the area was annexed the highway was included and the zoning generally follows. #0405 MISICIU (Montgomery/Huff-Menees) Motion to approval Ordinance, on first reading, amending the Official Zoning Map of the City of Bremerton, in the Oyster Bay Avenue area, south of Werner Road. President Farr thanked the TV camera crew for their services: Bob Neal, Mike Peebles, and Eva Williamson. With no further business meeting adjourned at 7:25 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me Cc: Normal Distribution FileNault /¢ ~END~ B~LL BRF~ERTON C~TY COUNCIL Grants Writer Contract FOR AGENDA OF: Decmeber 30. 1997 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey DATE SUBMITTED: December 8. 1997 2. ~: (comment on hack 3. ~_~ ~i~cessa~) / Attorne~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The attached Professional Services Agreement with Jeffry Young for grants writing services is for a period of one year at the rate of $1,250 per month. RECOMMENDATION: Motion to approve professional services contract with Jeffry Young. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Service~ EXPIRATION DATE: 12/31/98 REVIEW DATE: 10/9~ PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: e Cr.RARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Lack of grants writer assistance. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OT~ER RESOURCES Funded in 1998 budget. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Grant~ Writer THIS AGREEMENT is between the City ofBremerton, a municipal corporation, (hereinafter referred to as "City") and Jeffry J. Young, (hereinafter referred to as "Grants Writer"). WITNE S SETH: 1. SCOPE: Grants Writer, by this Agreemem, agrees to seek and write grants for the City. The Grants Writer will maintain an office for performance of this Agreement at the address listed under 7(d) and supply equipment as needed, for completion of assigned projects. Appropriate office space and equipment will also be provided at City facilities. City shall provide access to project applicable City plans and data, prior grant data, grant forms, grant manuals and funding publications. 2. TERM: Contract shah commence on January 1, 1998, and will terminate on December 31, 1998. COMPENSATION: City shall pay Grants Writer compensation as follows: The City and Grants Writer agree that compensation for services rendered under this Agreement shall be in the amount of One Thousand Two Hundred Filly Dollars ($1,250.00) per month, in two payments of Six Hundred Twenty-five Dollars ($625.00) each on the regular claims payment dates closest to mid-month and month end. The contractor shall average twenty (20) hours per week over the term of the contract. Grants Writer shall submit a monthly report describing the services rendered with a breakdown for work completed by grant and by department, as authorized under this Agreement. In addition to Grants Writer's fee, the City shall pay reasonable expenses for mileage, incidental costs, subscriptions, computer access, and parking with prior approval of the Administrative Services Director. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Grants Writer is an individual skilled in matters pertaining to the writing of grants and will perform independent functions and responsibilities in the area of its particular field of expertise. Grants Writer shall act as an independent contractor and not as an employee of the City. As such Grants Writer has no authority to bind the City nor control employees of the City, 'contractors, or other entities. Within the performance of these duties, Grants Writer shall work under the direction of the Administrative Services Director. Professional Services Agreement - 1 Grants Writc-r 5. LICENSE AND TAXES: Grants Writer shall possess a current Bremerton Business License and any regulatory license required to fulfill Grants Writer's obligations under this Agreement. B & 0 taxes shall be paid when due and Grants Writer, by this Agreement, assigns any payments due under this A~eement to the City Clerk for payment of such taxes which have been declared delinquent. 6. HOLD ItARMLESS: Grants Writer agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Grants Writer, his subcontractors or agents. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 7. GENERAL CONDITIONS: a. Reports and Information - Grants Writer, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Grants Writer will maintain accounting records in accordance with generally accepted accounting principals 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 agreements, written or oral, that have not been fully set forth in the text of this Agreemem. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both pm~des. d. Notices - Any notices required to be given by the City to Grants Writer or by Grants Writer to the City shall be in writing and delivered to the parties at the following addresses: Administrative Services Director 239 Fourth Street Bremerton, WA 98337 Jeffry J. Young 11520 Sunrise Drive Bainbridge Island, WA 98110 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 fight or power at any time be taken to be a waiver of any other breach. Professional Services Agreement - 2 Grants Writer /7 f. Compliance with State, Local and Federal Laws - Grants Writer 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 accor~ce 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. 8. NONDISCRIMINATION: Grants Writer 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. 9. TERMINATION: This Agreemem may be terminated by either party for convenience upon thirty (30) days' written notice or a shorter mutually agreed upon period dependant on project status, number of active grant applications, and ability or timeliness of transitioning to City staff or new contractor. Payments to be pro-rated for any portion of a month worked. IN wrrNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: By: CITY OF BREMERTON Date: DEPARTMENTAL APPROVAL: By: LYNN HORTON, Mayor APPROVED AS TO FORM: KATHLEEN L. McCLUSKEY, Director Administrative Services LAN SIEVERS, City Attorney Professional Services Agreement- 3 Grants Writer Jeffry J. Young 11520 SUNRISE DRIVE NOKI~qEAST BAINBR/DGE 'ISLAND, WASHINGTON 98110 (206) 780-5333 (home) · (206) 780-8888 (work) e-mail: 3YOUN~INKNET. KITSAP. LIB.WA. US 1996 -- GENERAL MANAGER- Sound Research Associates -- Applied research, training, & eval-ofion Ol~anizafion 1997 -- VICE PRESIDENT, CONTRACTS ADMINISTRATION - Emerald Bay Deep Sea Salvage & Transpom~n Co. Officer in charge of finance,.scheduling, inventory, & human resources for a private, profit-making coq~oration. 1994-97 DIRECTOR, ADVOCACY & DEMONSTRATION PROGRAMS -- National Asian Pacific Center on Aging Responsible for proposals, subcontracts, grants administration, social policy papers, strategic planning, public relations, research, staff training & development for a national organization serving diverse elderly Americans.. 1991-94 DIRECTOR & ADJUNCT PROFESSOR--Roybal Institute Research Center, California St. Univ., Los Angeles Developed faculty research projects; wrote and edited grant' proposals; negotiated and administered research grants and contracts; conducted statistical analyses~ prepared technical reports and professional publications; supervised staff; maintained accounts and payrolls; conducted workshops; and managed university facilities. 1991-94 ADFU-NCT ASSISTANT PROFESSOR--Leonard Davis School, University of Southern California Coordinated faculty efforts in a large multi-university medical research program; served on executive committee. 1986-93 ASSOCIATE DIRECTOR/DIRECTOR/RESEARCH PROFESSOR-- California State University, Fullenon Created & directed research projects in curriculum design, faculty development, gerontology and retirement programs, delinquency prevention,'underrepresented student recruitment, and economic public policy; managed research center and public conference facilities; taught research methods, intermediate and advanced statistics. 1986.87 INTERN --.Behavioral Sciences Services Section, Personnel and Training Division, Los Angeles Police Dept. Conducted psychometric testing program on new recruits and continuing officers; performed statistical analyses to predict turnover; directed hostage negotiation and crisis intervention teams in the field. 1979-86 COORDINATOR/RESEARCH ASSOCIATE-- Center for Applied Social Research, Claremont Graduate School Directed survey research and program evaluation projects; designed, negotiated, and administered research grants and contracts; supervised research teams of up to 120 persons. 1972-79 CLINIC CLERK -- Immediate Treatment Service, Mental Health Bureau, Santa Clara Valley Medical Center Emergency after-hours psychiatric triage; staff/bldg, security; program evaluation; crisis intervention/counseling. Ph.D. lvI. A. B.A. -- 1986 Social/Environmental Psychology -- The Claremont Graduate School - Claremont, California Qualifying Areas: Statistics, Program Evaluation, Gerontology, Survey Research, Legal Bibliography, Computer Applications -- 1978 General Psychology -- San Jose State University - San Jose, California -- 1977 Philosophy (second major: Psychology) -- San Jose State University - San Jose, California WHO'S WHO IN AMERICA-- 1995- POINTS OF LIGHT AWARD -- Points of Light Foundation/U.S. National Association of Area Agencies on Aging cEKrlFICATE of APPRECIATION for OUTSTANDING SERVICE ~ Roybal Institute, California St. Univ. Los Angeles DISTING~S~ ACHIEVEMENT AWARD -- Bank of America CEKI'IHCATE of MERIT for OUTSTANDING SERVICE -- Meals on Wheels of Fullerton STANFORD RESEARCH INSTITUTE AWARD -- Instrument Society of.america CERTIIalCATE OF RECOGNITION for OUTSTANDING CONTRIBI. YrlONS -- Chief of Police, Los Angeles P.D. ONE THOUSAND HOURS AWARD ~ Santa Clara County Mental Health Bureau, Suicide and Crisis Service UNIVERSITY FELLOW -- The Claremont Graduate School DEAN'S SCHOLARSHIP FOR OUTSTANDING ACHIEVEMENT IN SOCIAL SCIENCES and PRESIDENT'S SCHOLAR-- San Jose State University " 1979-97 AUTHOR/CO-AUTHOR -- 75 Funded grant proposals with total receipts of $5,620,775 RESEARCH DIRECTOR -- Puget Sound Council of Senior Citizens MEMBER--Committee to Improve Response to the Mentally Ill, Seattle Police Del:mxtment EVALUATION COMMITTEE ~ Rehabilitation Research Centers, Rancho Los Amigos Medical Cntr., US NIDRR grant MEMBER m American Evaluation Association, American P~ychological Association, American Psychological Society, Gerontological Society of America, North American Mycological Assoc., Phi Beta Delta International Honor Society, Puget Sound Mycological Soc., Sigma Phi Omega National Honor Society, Western Psychological Assoc. Young JJ (Ed) (1997). You can quit smoking (7 translations) Wash. DC: USGPO/Agency for Health Cam Policy Research Young. J-J (Ed) (1996). Things to know about quality mammograms (6 translations). Washington DC: USGP(~AHCPR Young, JJ & Yuld V. (1995) Pacific/Asian elderly bibliography. Seattle: National Asian Pacific Center on Aging (NAPCA) Young, J.J., & Gu, lq. (1995). Demographic and socioeconomic characteristics of elderly Asian and Pacific Island Americans. Gerontologist, 35. (October), 216, [Abstract], also [Monograph], Se, attic: NAPCA. Young, J.J., & Young, R.M. (1995). Caregivers: Treating the hidden patients of Al~heimer's disease. Gerontologist, 35 (October), 15,47, [Abstract], also [Monograph and audiotape], Los Angeles: UCLA AlT_heimer's Outreach Proj. Watanabe, D, Gu, N, & Young, J. (1995). Recommendations for the White House Conference on Agin.e. Seattle: NAPCA. Young, l.J., & Vura, D.H. (1994). Western State University College of Law Comprehensive Student Survey: Final Report. Fullerton, CA: We,stem State University. Miller, J.K., Tanssig, I.M., & Young, J.J. (1993). Correlates of family caregiving roles among Korean immigrants and His-panics. Gerontologist, 33 (October), 351. [Abstract]. Son, Y., Miller, J.K., & Young, J.J. (1993). Use of community resources by Korean immigrant family caregivers of persons with Alzheimer's disease and related dementias. Gerontologist, 33 (October), 90. [Abstract]. Young, J.J. (1993). Resource allocations to the aged according to greatest social need. Journal of Aging and Social Policy, 5(3), 7-29. Young, J.J. (1992). The climate for quality service. Perspectives, 2 (1). Young, J.J. (1989). Advancing the continuing learning activities of retired persons: A challenge for higher education. International Journal of Technology and Aging, 2_, 135-141. County of Riverside Food Task Force. (1988). Hunger in Riverside County. Riverside, CA: Author. Young, J.J., & Bolus, S. (1987). Transit needs of the elderly and disabled in Los Angeles County. Los Angeles: Southern California Rapid Transit District. Young, J.J. (1986). How can resources be allocated to the elderly according to the greatest social need? Dissertation Abstracts, 47. 1845-1846. Glaser, E.M., Young, J.J., & Greenberg, ED. (1984). An evaluation of the dissemination and adoption offinclings generated by a study supported bv the Iviaternal and Child Health Research Grants Pro,ram. Los Angeles: Human Interaction Research Institute (U.S. NTIS Accession No. HRP-0906326). Berger, D.E., Young, J.J., & Huebner, R. (1980). Aging in the Inland Empire. San Bernardino, CA: San Bernardino ' Office on in (1982) JSAS of Selected Documents in Psvcholo (Proposal design, program design & evaluation, project administration, research, statistical analyses, or technical reports) Altabied Health Services Corporation Battelle Memorial Institute Beckman Instruments California State Bar, Group Practices Committee California State Polytechnic University, Pomona California State University, Fullerton California State University, Los Angeles Casa Colina Hospital for Rehabilitative Medicine City of Los Angeles, City Attorney's Office The Claremont Graduate School Health Care Education Associates Kaiser Permanente Medical Program Rancho Los Amigos Medical Center Rancho Pacifico Psychiatric Center Rancho Santiago College San Jose State University. Santa Clara County., Suicide and Crisis Service U.S. Agency. for Health Care Policy and Research U.S. Centers for Disease Control and Prevention U.S. Department of Education U.S. Department of Transportation U.S. Environmental Protection Agency U.S. Health Resources and Services Administration U.S. National Inst. for Child Health and Development U.S. National Institute on Aging University of California, h-wine University of California, Los Angeles University of Southern California, The Urban Institute ~ Western State University College of Law 2t~END~ B'rLL BREI(ERTON C'rTy COUNC'rL SU~ECT: Lease Agreement Kitsap Transit FOR AGENDA OF: December 30~ 1997 ORIGINATING DEPT: Admin Services ORIGINATOR: K. McCluskey DATE SUBMITTED: 12/3/97 2. ~J~F~[~: (comment on back 3. Parks Director )~/~t ,.~k~_~ _~ Fiscal & Budget~~~~ .... Operations ~'~ Lease Parking Revenues APPROVED BY COUNCIL P~D_EN_~~MITTAL: COUNCIL PRESIDENTI~,-~'-~-J' ~_ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The Bremerton Transportation Center construction is scheduled to commence in early March. Kitsap Transit will lease, at the rate of $13,585.00 per month, the parking on the waterfront known as lots 585 and 586. This amount reflects the lost income from parking revenue based upon 1996 revenue figures. The lease will be for the term 3/1/98 to 11/30/98 with up to a 4 month extension if necessary. 8. RECOMMENDATION: Motion to approve lease agreement with Kitsap Tra.nsit for the period 3/1/ s to 11/3o/9s. RESPONSIBLE OFFICIAL: Admin Svcs Dir ENFORCEMENT OFFICIAL: EXPIRATION DATE: 11/30/9~ REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED __ DISAPPROVED DATE: AMENDED 2. CLEARANCE COMMENTS (cont,): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Will disrupt Transportation Center construction. e IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMRNT OR OTHER RESOURCES NO impact on budget. Will receive net revenue. 7. RESEARCH SOURCES: LEASE AGREEMENT THIS AGREEMENT is made this __ day of ,1997 between the CITY OF BREMERTON, a municipal corporation, (herein referred to as "Lessor"), and KITSAP COUNTY PUBLIC TRANSPORTATION AREA AUTHORITY dba KITSAP TRANSIT, a municipal corporation, (hereinafter referred to as "Lessee"). WITNESSETH: 1. Premises. Lessor is the owner of the parking lots known as Lots 585 and 586 located in the area bounded by 1 st Street on the South. 2nd Street on the North, Washington Avenue on the West and the Boardwalk on the East. The lease areas are more particularly described on Attachment "A". 2. Term. The term of this Lease shall commence on ~ ~ I \ q <~ and terminate on I, ~ / & <3 1 q. 51 . Termination may be shortened or extended up to four (4) months upon thir~ ~30) days notice to Lessor. 3. Compensation. Lessee shall pay Lessor a rental charge of Thirteen Thousand Five Hundred Eighty-five and No/100 ($13,585.00) per month, on the first day of each month. This rate represents the value of the net parking space revenue lost during the term of the Lease. 4. Use of Premises. Lessee shall have the use and occupancy of the premises referred to in Section 1, for the purpose of construction equipmem staging for construction of the Bremerton Transportation Center and as a temporary Bus Transit Cemer. 5. Responsibility of the Parties to Agreement. Lessor shall provide for removal and storage of all parking pay boxes located on the premises as well as storage of wheel stops and any other fixtures belonging to Lessor. Lessee shall be responsible for removal of all wheel stops and other obstacles and delivery to a storage area designated by Lessor, provided Lessor shall restore all stored fixtures. Lessee shall video tape the premises listed in section 1 prior to commencement of the project and provide Lessor with an acceptable copy of the videotape. Lessee shall return the Premises to its previous condition at end of term of the Lease unless directed otherwise by Lessor. 6. Indemnity. Lessee shall defend and hold harmless Lessor from all loss, damage, claims, liability or' expense resulting from any injury to any person or any loss of or damage to any LEASE AGREEMENT- Pago 1 property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building. 7. Liens. Lessee shall not permit any lien to be imposed upon the property of Lessor as a result of work done by or on behalf of Lessee and shall indemnify and hold Lessor harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such item. 8. Termination. In addition to Lessee's termination rights set forth in Article 2 hereof, either party may terminate this Lease upon default of any covenant or term hereof by the other. 9. Access. Lessee will allow Lessor or Lessor's agent free access at all reasonable times to Premises for the purpose of inspection, or of making repairs, additions or alterations to Premises or any property owned by or under the control of Lessor, but this right shall not be construed as an agreement on the part of Lessor to make any repairs other than those repairs for which Lessor is responsible pursuant to the terms and conditions hereof. 10. Liability Insurance. Lessee, at its own expense, shah provide and keep in force with companies reasonably acceptable to Lessor comprehensive general liability coverage for the benefit of Lessor and Lessee jointly against liability for bodily injury and property damage in the amount of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, such limits to be for any greater amounts as may reasonably be indicated by circumstances from time to time existing. Lessee shall provide Lessor with a certificate of such policy within thirty (30) days of the commencement date of this Lease and thereafter shall satisfy Lessor that such policy is in full force and effect. Such policy shah name Lessor as an additional insured and shah be primary and noncontributing with any insurance carried by Lessor. The policy shah further provide that it will not be canceled or altered without thirty (30) days prior written notice to Lessor. 11. Notices. All notices to be given by either of the parties hereto to the other party shall be in writing and delivered in person or sent by registered or certified mail to Lessor in care of City of Bremerton Administrative Services Director, 239 Fourth Street, Bremerton, Washington 98337, and as to Lessee at 234 WycoffAvenue South, Bremerton, Washington 98312. Notices sent by mail; properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. 12. Relationship. In no event shah the Lessor be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the Lessee or any party associated with the Lessee in the conduct of the Lessee's business or otherwise. This Lease does not constitute the Lessee as the agem or legal represemative of the Lessor for any purpose whatsoever. 13. Costs and Attorneys Fees. If, by reason of any default or breach on the part of either party in the performance of any provisions of this Lease, a legal action is instituted, the LEA~E AGREEMENT - Page 2 losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is agreed that the venue of any legal action brought will be in the Superior Court of Kitsap County, State of Washington. 14. Amendments. The parties hereto expressly reserve the right to renegotiate the provisions hereof~ including the terms of this lease, from time to time as may be necessary and to amend this Lease accordingly; provided, however, that no alteration or modification of the terms or conditions hereof shall be valid and binding unless made in writing and signed by the authorized representatives of the parties hereto. 15. Nondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical mental or sensory handicap except an employment action based on a bona fide occupational qualification. 16. Waiver of Default No waiver of default by either party of any of the terms, covenants and conditions hereto to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 17. Binding Effect This Lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. 18. Invalidity of Provisions. Should any term, provision, condition or other portion of this Lease be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this Lease; and the remainder of this Lease shall be effective as if such term, provision, condition or other portion had not been contained herein. 19. Entire Agreement 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. IN WITNESS WHEREOF, Lessee and Lessor each hereunto set their respective hands. LESSOR: CITY OF BREMERTON LESSEE: KITSAP TRANSIT LYNN HORTON, Mayor DICK HAYES, Executive Director // LEA~E AGREEMENT - P~ge 3 APPROVED AS TO FORM: IAN/Si~ERS, City Attorney RECEIVED FOR FILIN~ APPROVI~.D AS TO FORM: RICHARD L. STOCKING, Attorney Kitsap Transit KATI4I.~ McCLUSKEY, City Clerk LEA~E AGREEMENT - Page 4 BREMERTON LUMBER January February March ^pdl May June July August September October November December TOTALS MONT]tLY PASSES 3 226.88 3 785.38 4 506.18 4 039.68 4 256.32 4 268.54 3 820.72 3 671.84 4249.61 3 789.13 4 113.12 4938.89 48,666.29 586 10,015.60 10,705.10 10,557.12 13,053.38 12,120.22 11,680.32 15,259.90 14,234.32 11,121.81 9,284.45 8,552.95 9,013.79 135,598.96 DAII,Y 585 . 659.32 837.43 913.26 1,200.72 1,249.71 954.45 1,411.61 1,289.88 994.16 655.02 614.20 591.45 11,371.21 Total Less Less Net Monthly $195,636 29,345 3,291 $163,000 $13,585 Diamond Fee Utifities VOL 2 2 2 ! '2 2 2 3 ~.~END~, B~'LL BREHERTON CITY COUNC'rL ~: Bremerton Kitsap Access Television - Kitsap County Funding Agreement FOR AGENDA OF: December 30~ 1997 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey DATE SUBMITTED: December 4~ 1997 2. ~: (comment on back 3. EX]{IBITS: Attorney if n e~~_~~~~ Fiscal & Budget ~~~/~.H-~/~ - Operations ~'<_~-L-/~h-/~ MAYOR 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: On 8/1/97 the city assumed management of BKAT. This funding agreement provides for payment to the city from the County to provide Public Access Services retroactive to 8/1/97. The County will forward .16¢ per customer pass through charge to the City for this purpose. .05¢ of the pass through will be used to purchase equipment for county cablecast. The agreement is for a 17 month period 8/1/97 to 12/31/98. RECOMMENDATION: Motion to approve Funding Agreement w/Kitsap County for BKAT services. RESPONSIBLE OFFICIAL: Admin. Svcs. ENFORCEMENT OFFICIAL: Admin. Svcs. EXPIRATION DATE: 12/31/98 REVIEW DATE: 9/98 PULLED TABLED COUNCIL DIRECTIVE: 10. nOTICE OF ACTION APPROVED __ DISAPPROVED DATE: 11. AGENDA BILL NO: AMENDED 2. ~T,R;~ANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: The City will lack adequate funding to provide public access services. County will be unable to provide public access services. IMPACT ON STAFFING. BUDGETS. FACILITIES~ EOUIPMENT OR OTHER RESOURCES $81,600 to program from County 8/1/97 to 12/31/98. 7. RESEARCH SOURCES: FUNDING AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP COUNTY AGREEMENT This Agreement is made this . day of ., 1997, by and between the City ofBremerton, a municipal corporation (City) and Kitsap County (County), who agree as follows: RECITALS 1. The City and County desire to provide support for the use of cable access channels provided pursuant to the Cable Communication Policy Act of 1992. 2. The City and County have granted to TCI Cablcvision of Washington, Inc. (TCI) and Falcon Video Communications, L.P. (Falcon) franchises to operate a cable television system in the City and County. 3. The TCI and Falcon franchises provide that certain channel capacity be provided for public, educational, and governmental access. 4. The TCI and Falcon franchises provide that certain payments shall be made by TCI and Falcon to support the public, educational, and government access channels. 5. The City and County have determined that they will provide support for public, education, and government access through the dedication of the :21 cent ($.21) per customer per month charge included in the TCI and Falcon franchises for access purposes or equivalent amount. 6. The City and County agree that the City shall provide access management services through BKAT. BKAT.AGT - 12/97- 1 NOW, THEREFORE, in consideration of the mutual promise and covenants set forth herein, the parties agree as follows: Section 1. Definitions, For the purpose of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. Access Channel or Public, Educational, or Government Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. Bremerton Kitsap Access Television (BKAT) means the program provided by the City under this funding agreement. Channel means a radio frequency band or its technical equivalent on the cable system, which is capable of carrying either one standard television signal, or a number of audio, digital, or other non-video signals, or some combination of such signals. Franchise or Franchise Agreement means the Franchise Agreement, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. User means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKAT or provide programming for cablecast on the access channels. All programming participation shall be allowed on a non-discriminatory basis. Section 2. Scope of Services. In exchange for the funding provided by the County to City, BKATAGT - 12/97 - 2 pursuant to this Agreement, City shall manage the following access services: A. Operate the Access Channels - Public, Education and Government. Do to Operate the public, educational and government access Channel(s) for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations and City and County franchise ordinances, with the primary purpose being to administer, coordinate and assist those requesting access on a non-discriminatory basis. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by BKAT or who receive a certification from BKAT, identifying said user(s) as having satisfied training requirements through means other than BKAT training classes. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations, on a first-come, first-served non- discriminatory basis, pursuant to operating rules promulgated by BKAT. Develop Operating Policies and Procedure. Develop policies and guidelines for use and operation of the access equipment, facilities, and channel(s) and file such policies, procedures, and rules with the City and County. Maintenance of Equipment. Provide regular maintenance and repair of all video BKAT.AGT - 12/97 - 3 Fo equipment purchased with monies received pursuant to this Agreement. Promotion. Actively promote the use and benefit of the public, educational and government access channel(s) and facilities to cable subscribers, the public, access users, and TCI and Falcon. Training. Train interested residents in the techniques of Mdeo production and provide technical advice in the execution of productions. Other Activities. Based upon available funding, undertake other public, educational and government access programming activities and services as deemed appropriate by City and consistent with the obligation to facilitate and promote access programming and provide nondiscriminatory access. Technical Standards. BKAT shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. Charges for PEG Access Facilities, Equipment, Training or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interference or censorship. However, the City may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. Such fees shall not be used to interfere with or censor a user who seeks to produce PEG access programming. City will also establish a process to enable individuals without BKAT.AGT - 12/97 - 4 sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencies. Section :3. Channels Open to Pnblic: City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the'~able company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company from producing or sponsoring programming, prevent the City, County, or cable company from underwriting programming, or prevent the City, County or cable company, from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKAT may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. Section 4. Copyright Clearance. Before cable casting video transmissions City shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representative, and without limitation from the foregoing, any and all other persons as may be necessary to transmit program material over BKAT authorized channels unless such clearance is otherwise provided by the cable company. City shall maintain for the County BKAT.AGT - 12/97 - 5 inspection, upon reasonable notice and for the term of the applicable statute of limitations, copies of all such user agreements. Section 5. Copyright and Ownership. City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. Section 6. Distribution Rights. City shall require that all programs produced with funds, equipment, facilities, or staff' granted under this Agreement shall be distributed on the PEG channels. This subparagraph shall not be interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shall be promulgated by the BKAT and filed with the City and County. Section 7. Equipment and Facilities. A. City shall be responsible for maintenance of all equipment owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B. City and County shall own all equipment acquired by and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities purchased with funds received pursuant to the Agreement shall become the property of the City and County proportionate to their share of revenue contributed. C. County agrees to continue to provide the facilities at 7266 Tibardis Rd. NW, Bremerton, Washington for the use of BKAT for public access purposes during the term of this agreement. Utilities will be paid as follows: Kitsap County will BKAT.AGT - 12/97 - 6 provide (pay) electricity, security alarm system, sewer, and water. The County will perform routine maintenance on the building and the parking lot. The City and/or BKAT are responsible for garbage, ground maintenance and telephone. D. Westsound Furniture and Equipment. Furniture and equipment purchased with funds from County sources are furnished to BKAT under this agreement. A listing of these items is attached. Section 8. Non-discrimination in Employment and Service. A. City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, ancestry, national origin or physical or mental handicap. B. City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. Section 9. Assignment and Subletting. Neither this Agreement nor any interest herein shall be assigned or transferred by City. Section 10. Annual Reports. Prior to March 15 of each year, City shall submit to the County an annual report for the preceding calendar year (January 1 - December 31). This report shall contain, at a minimum, the following information: A. Statistics on programming and services provided. B. Current and complete listing of Public Access Advisory Committee members. C. A summary of formal user and viewer complaints or comments along with BKAT responses. BKAT~.GT - 12/97 - 7 A full schedule of any rates and charges for PEG access related activities. A report on progress made toward access goals. A list of all capital assets. Section 11. Records, Fiscal Audit. A. City shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B.City shall provide a quarterly budget status report to the County. Section 12. Funding. County shall pay to the City sixteen cents ($. 16) per customer per month quarterly. The remaining five cents ($.05) will be used to fund County acquisition of cablecast and playback equipment. Payments will be made no later than forty-five (45) days following the end of each calendar quarter with the exception of the August and September payment which shall be due upon signing of this contract. Additional fees shall be negotiated for County governmental programming on PEG channels. City shall spend funds received from the County solely for the purposes listed in Section 2 Scope of Services of the Agreement. Funds not expended in the year covered by the Annual Budget must be carried over into succeeding years. Upon termination of this Agreement all funds of any kind received from the County and not expended by City shall be returned to the County. Section 13. Term of Agreement. The Agreement shall be for a period of 17 months commencing August 1, 1997 and terminating December 31, 1998. Section 14. Termination of Agreement: Transfer of Assets. A. The County or City shall have the right upon ninety (90) days written notice to the other party to terminate this Agreement without cause. BKAT.AGT - 12/97 - 8 B. Upon termination of this Agreement, City shall immediately transfer to the County in proportionate share to revenue provided all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by City with funds received pursuant to this Agreement. Those items described in Section 7, Paragraph D hereof shall not be covered by the provisions of this paragraph and all such items listed on the attached schedule referenced in Section 7, Paragraph D hereof shall revert to the ownership of~itsap County upon termination of this agreement. Section 15. Severability. In the event any provision of this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the provisions of this Agreement that are not affected by such an occurrence, shall constitute a full and complete Agreement between the parties. Section 16. Indemnification. The City of Bremerton shall indemnify, defend and hold harmless Kitsap County, its officers, agents and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorney's fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly, arising or resulting from any alleged negligent or intentional acts or omissions of the City of Bremerton, its officers, employees, agents, contractors or invitees arising out of or resulting from the performance of this agreement. Such indemnity shall also cover any and all claims of loss or damage to person or property arising out of the failure of the City of BKAT~GT - 12/97 - 9 ?? Bremerton to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract which claims, directly or indirectly, result from the City of Bremerton's use of channels, funds, equipment ot facilities utilized under this agreement. In the event any such claim, action or liability is brought against Kitsap County, its officers, agents or employees, Kitsap County shall promptly forward it to the City of Bremerton, the City of Bremerton shall control the investigation, defense, resolution and payment of all such claims, actions or liabilities, including the retention and management of attorneys and the costs thereof. Section 17. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States, mail, postage prepaid and addressed to the appropriate party as follows: Administrative Services Director City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Administrative Services Director Kitsap County 614 Division Street Port Orchard, Washington 98366 Section 18. Cable Advisory Committee. The Mayor of Bremerton with confirmation of the Bremerton City Council and County Commissioners, shall appoint the Public Access Advisory Committee composed of nine members. See City of Bremerton Ordinance # Section 19. Entire Agreement. This Agreement is the entire agreement of the parties and BKATakGT - 12/97 - 10 supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to the Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. KITSAP COUNTY C~TY OF BREMERTON (a municipal corporation) PHIL BEST, Chairman CHRIS ENDRESEN, Commissioner LYNN S. HORTON, Mayor Date: APPROVED AS TO FORM: CHARLOTTE GARRIDO, Commissioner Date: ATTEST: IAN R. SIEVERS, City Attorney DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk BKAT~GT - 12/97 - 11 BREMERTON KITSAP ACCESS TELEVISION DRAFT 1998 BUDGET Fundin~ County Subscribers 30,000 ~.21 County Governmental Services Contract Total: BKAT $57,600 39,500 $97,100 Capital $18,000 City Subscribers 8,500 ~.21' TCI/City negotiated non pass through City Governmental Services Total: Total BKAT Revenue: Expenditures Salaries & Benefits Executive Director Production Coordinator Production Assistant Clerical Supplies & Services Total Expenditures: $2 8o8 30,000 $50,808 $147,908 $115,248 32,660 $147,908 $21,420 *TCI prepaid $55,000 to the city to purchase new equipment. The .21 cent pass through will be retained by TCI for approximately 31 months to recover this cost. At the end of that period it will be remitted directly to the city for public access purposes. Access Television Inventory: -County ...~.:~i;'>$99.00 ITEM MAKE MODEL S/N Audio Level Interface - dual Audio Level Interface audio microcassette recorder board - white marker wall Bookcase - 4 shelf cabinet - 4 door w/ blue top cabinet - 4 doors cabinet - 4 sliding doors, 3 Cabinet - Conference room 4 cabinet - desk (5 drawers) cabinet - desk (5 drawers) cabinet - file 4drawer legal cabinet - file 4drawer legal Cabinet - office 4 door camera - color TV camera - Hi8 video camcorder Camera - SVHS video camcorder Camera - SVHS video camcorder cart - A/V 4 shelf chair - grey/wood/flared arms chair - grey/wood/flared arms Chair - office w/ arms Chair - office w/ arms Chair - office w/wood arms 4 chair - teal charade chair - teal charade chair - teal charade chair - teal charade chair - teal charade Chair - Wood Arms computer - 15in. multisync computer - CPU computer - CPU computer - Media 100 system computer - monitor computer - printer computer - scanner flatbed computer - speakers Computer software - ? computer software - Picture computer software - Media controller / switcher couch - (loveseat) desk - Desk - 2 drawer Desk - 2 drawer Desk - 2 drawer Desk - 4 drawer wood desk - 5 drawer desk - 5 drawer (w/ black desk - receptionist L ESE ES-244 P2 ESE ES-244 GE 3-5366A 3542 Sears Sony Panasonic Panasonic Carolina Carolina 9345381215 1103320 CCD-TRV70 1029470 AG-456UP J6HB00882 AG-456UP J6HB00365 91017 91017 McMaha McMaha McMaha McMaha McMaha Carolina NEC NEC PC's Limited Data Fortis 731220 731220 731220 731220 731220 XV15 JC1571VMA ReadyOffic 102-00041 Turbo PC Media 100 00357020 AM30 15991441 Hewlett Packard C4565A Mustek NEC Col Micrografx Thomas Creek Le ightronix Carolina Mid Atlantic US6B0110DP MFS-12000S AN6020079 R01625 7351630308 V 1.0 Mini-T Pro 01994 34517 MD-48 COST 370 OC 175 OC 150 0£ 300 OC 100 OC 200 OC 150 OC 150 OC 150 OC 150 OC 150 OC 800.0C 150.0C is0.0T '1,200. OC 1,499.9~c 2,055.0C 2,055. OC 350 0¢ 200 OC 200 OC 150 OC 150 OC 150 OC 100 OC 100 OC 100 OC 100 OC 100 OC 150 OC 499 9_c 2,399 2,000 0C 3,600 0C 200 OC 499 499 100 OC 99 150 OC 405 800.0( 300 OC 220 0¢ 200 OC 200 O( 200 OC 250 0( 350.0( 350.0~ 300.0~' Page 1 Access Television Inventory: ITEM desk - shelf workstation combo Desk - w/ computer rollout Edit Pack 1 (3 items) Editing Control Unit Editing Control Unit Fax machine Intercom - belt pack Intercom - belt pack Intercom - belt pack Intercom - headset Intercom - headset Intercom - headset Intercom - headset Intercom - microphone Intercom Power Supply & Intercom Station - 2 channel interface - VCR Panasonic Panasonic Sony Sharp Telex Telex Telex Telex Telex Telex Telex Telex Telex Telex TAO microphone - lavalier electret Sony Microphone - Lavalier Electret Sony Microphone - Lavalier Electret Sony Microphone - Lavalier Electret Sony mixer - Audio/Video Panasonic mixer - Audio/video Monitor - 13in. Color Monitor - 13in. Color Monitor - 13in. Color monitor bridge Monitor/Receiver - 13in. Monitor/Tuner/VHS VCR Panasonic JVC JVC Panasonic Mid Atlantic Magnavox Symphonic monitors - 5in. B&W triple monitors - 5in. B&W triple power strip - 20 outlet w/ power supply / conditioner rack - 70in. rack - mini rack - mini refridgerator - 1.7 c.f. shelves - compartmentalized shelves - compartmentalized Switcher - Audio/video table - black/oval/with leaf Table - Conference room (Oak) Table - Typewriter (oak Table - Typewriter (oak table - wooden telephone - cellular tripod & head tripod & head Typewriter - electric Typewriter - electric Video Titlemaker Panasonic Panasonic Winsted APC Mid Atlantic Mid Atlantic Mid Atlantic JC Penney Videotek US WEST Bogen Bogen TA TA Videonics Page 2 Oounty MODEL >$99.00 S/N COST 3 items AG-A350 C6TNA1464 RM-450 82431 UX-177 BP-1000 B57039 BP-1000 B57057 BP-1000 B57063 PH-8 PH-8 PH-8 PH-8 EGM12N SPS2000 11737 US-2000 9647 I-Port 422 ECM-44B 235897 ECM-44B 0237099 ECM-44B 0237100 ECM-44B 0237046 WJ-MX30 6YA00939 WJ-MX30 6YA01044 TM-131SU 13102648 TM-131SU 13102528 CT-1384Y MB2080985 MB-6 PR1316C121 62984238 TVCR9F1 V29679326 WV-BM503 69W21378 WV-BM503 69W21922 10713 BF250 0960874653 ERK-4025 MR-14W MR-14W 867-3002-5 22051475 PVS-6A 09960662 SCN-2594A GUY 3140 3140 Satellite AG-D8500 Satellite AG-D8500 TM-2000 264496 350.0~ 300.0! 6,840.0, 1,500.0 1,500.0~ 199 9' 171 01 171 171 115 0t 115 0t 115 0! 115 0i 123.0~ 420.0( 365.0~ 445.0/ 185.0~ 185 185 0~, 185 2,063 2, 063 0 320 0~ 320 0! 285 . 124.0( 159.9~ 299 9~. 899 0 899 0 135 0 200 0 399 175 0' 175 Q 199 0 300 0 300 0~ 207 0 350 0 500 0 100 0 100 0 100 0 300 0 250 O' 250.0 300.0 300.0 480.0 Access Television Inventory: County.:,....: .>$99. oo ITEM MAKE MODEL S/N Video Titlemaker Videocassette player - Hi8 videocassette recorder - Videocassette Recorder - SVHS Videocassette Recorder - SVHS Videocassette Recorder - SVHS Videocassette Recorder - SVHS videocassette recorder - SVHS videocassette recorder - Videonics TM-2000 262117 Sony EVS-7000 18318 JVC CR-6060U 17418948 Panasonic AG-DS550P J6TC00072 Panasonic AG-DS545P C7TC00030 Panasonic AG-DS540 I6TC00006 Panasonic AG-DS550P J6TC00078 RCA VR720HF PV665212 Sears 5625358015 26060311 5625359015 40094838 videocassette recorder - tuner Sears Videocassette Recorder - SVHS Sony Videocassette Recorder - SVHS Sony Videocassette Recorder - SVHS Sony Videocassette Recorder - SVHS Sony Vid~ocassette Recorder - SVHS Sony Videocassette Recorder - SVHS Sony Videocassette Recorder Sony Videocassette Recorder - SVHS Sony SV0-2000 805126 SV0-2000 805135 SV0-2000 805136 SVO-2000 805108 SVO-2000 805204 SV0-2000 805623 V0-9800 14726 SV0-2000 805107 COST 475.0( 1,645.0( 1,000.0~ 3,735.01 2,790.0i 1,145.01 1,145.0( 349.9~ 1,000.0~ 500.0~ 1,145.0~ 1,145.0( 1,145..02 1,145.0( '1,145.0( 1,145.0( 5,705.0~ 1,145.0( Total: 79,243.8& Page 3 Access Television Inventory: ~.__(~nt3r~e.~ <$100.00 ITEM MAKE MODEL COST (Cam) ENG/EFP Kit - J12Xl0 Canon (Cam) ENG/EFP Kit - J12Xl0 Canon (Cam) ENG/EFP Kit - Carry Case Panasonic (Cam) ENG/EFP Kit Panasonic (Cam) ENG/EFP Kit - AC Adaptor Panasonic (Cam) ENG/EFP Kit Panasonic (Cam) ENG/EFP Kit - Microphone Panasonic (Cam) ENG/EFP Kit - Battery Panasonic (Cam) ENG/EFP Kit - Tripod Panasonic (Cam) ENG/EFP Kit - Tripod Panasonic (Cam) ENG/EFP Kit - Viewfinder Panasonmc (Cam) ENG/EFP Kit - Viewfinder Panasonzc (Cam) ENG/EFP Kit - Carry Case Panasonic (Cam) ENG/EFP Kit - Battery Panasonic (Cam) ENG/EFP Kit - AC Adaptor Panasonic AC Power Adapter adaptor - 1/4 female to 1/8 adaptor - AC adaptor - BNC barrel adaptor - BNC barrel adaptor - BNC barrel adaptor - BNC barrel adaptor - BNC female to phono adaptor - BNC female to phono adaptor - BNC female to phono adaptor - BNC female to phono adaptor - BNC male to phono adaptor - BNC male to phono adaptor - BNC male to phono adaptor - BNC male to phono adaptor - BNC T (2F 1M) adaptor - BNC T (2F 1M) adaptor - BNC T (2F 1M) adaptor - F to BNC adaptor - F to BNC adaptor - F to BNC adaptor - F to BNC adaptor - F to BNC adaptor - F to RCA plu9 adaptor - F to RCA plu9 adaptor - F to RCA plu9 adaptor - F to RCA plu9 adaptor - F to RCA plu9 adaptor - F to RCA plu9 adaptor - F to RCA jack adaptor - F to RCA jack adaptor - female F to phono adaptor - female F to phono adaptor - Phono jack to phone adaptor - Phono jack to phone adaptor - RCA jack to jack Sony Radio Shack Comprehensive Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Radio Shack Comprehensive Comprehensive Comprehensive Page 1 J12xl0 J12x10 WV-CC37 WV-S350 WV-PS31 WV-S350 WV-MC35 WV-PS60 WV-Q47 WV-Q47 WV-VF38 WV-VF38 WV-CC37 WV-PS60 WV-PS31 AC-V30 XTX 366 MCS-A 278-115 278-115 278-115 278-115 278-250 278-250 278-250 278-250 278-254 278-254 278-254 278-254 278-112 278-112 278-112 278-255 278-255 278-252 278-252 SPP-MJ SPP-MJ PJ-BL 9A26E Y429983 0.00 0.00 0.00 .00 0.00 .00 0.00 0.00 0.00 0.00 0.00 0.00 O. 00~.. 0.00 0.00 0.00 2.69 10.00 2.39 2.39 2 .39 2 .39 1.99 1.99 1.99 1.99 2.49 2 49 2 49 2 49 3 19 3 19 3 19 3 79 3 79 3 79. 3 79 3 79 3 79 3 79 3 79 3 79 3 79 3 79 1 29 1.29 1.39 1.39 1.81 1.81 1.81 Access Television Inventory: County. <$100.00 ITEM MAKE MODEL S/N adaptor - RCA jack to jack adaptor - RCA jack to 1/4in. adaptor - RCA jack to jack adaptor - RCA jack to 1/4in. adaptor - RCA jack to 1/4in. adaptor - RCA jack to jack Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive adaptor - RCA jack to BNC plug Comprehensive adaptor - RCA jack to 1/4in. Comprehensive adaptor - RCA jack to BNC plug Comprehensive adaptor - RCA jack to BNC plug Comprehensive adaptor - RCA jack to BNC plug Comprehensive adaptor - RCA plug to BNC adaptor - RCA plug to BNC adaptor - RCA plug to BNC adaptor - RCA plug to BNC adaptor - RCA plug to BNC adaptor - RCA plug to BNC adaptor - RCA plug to plug (?) Radio Shack adaptor - RCA plug to plug (?) Radio Shack adaptor - Stereo Mini plug to adaptor - Stereo Mini plug to adaptor - transformer XLRF - adaptor - transformer XLRF - adaptor - transformer XLRF - adaptor - XLR jack to jack adaptor - XLR jack to phone adaptor - XLR jack to jack adaptor - XLR jack to jack Radio Shack Radio Shack Radio Shack Comprehensive Comprehensive Comprehensive Comprehensive adaptor - XLR jack to RCA jack Comprehensive adaptor - XLR jack to jack Comprehensive adaptor - XLR jack to RCA jack Comprehensive adaptor - XLR jack to phone adaptor - XLR Phase Reverse & adaptor - XLR Phase Reverse & adaptor - XLR Phase Reverse & adaptor - XLR Phase Reverse & adaptor - XLR Phase Reverse & adaptor - XLR Phase Reverse & adaptor - XLR plug to plug adaptor - XLR plug to plug adaptor - Y 1/4in. plug to adaptor - Y 1/4in. plug to adaptor - Y 1/4in. jack to amplifier - Baseband lx3 A/V base - screw on base - screw on Battery Checker - compact Battery Checker - compact Battery Pack Battery Pack Battery Pack Comprehensive Harken Harken Harken Harken Harken Harken Comprehensive Comprehensive Radio Shack Radio Shack Radio Shack Radio Shack Comprehensive Comprehensive Sony Sony Sony PJ-BL SPP-PJ PJ-BL SPP-PJ SPP-PJ PJ-BL PJ-BP SPP-PJ PJ-BP PJ-BP PJ-BP 274-1553 274-1553 274-016 274-016 274-016 XLRJ-BL SPP-XLRJS XLRJ-BL XLRJ-BL XLRJ-PJ XLRJ-BL XLRJ-PJ SPP-XLRJS HKll3 HKll3 HKll3 HKll3 HKll3 HKll3 XLRP-BL XLRP-BL 42-2448 42-2448 42-2156 150-1103 BATCHECK BATCHECK NP-1A NP-1A NP-1A COST 1 81 1 75 1 81 1 75 1 75 1 81 5 50 1 75 5 50 5 5O 5 50 3 79 3 79._ 3 79 3 79 3 79 3 79 1 39 1 39 5.10 5 10 11 99 11 99 11 99 16 35 17 26 16 35 13 50 10 50 13 50 10 50 17 26 50 34 50 34 50 34 50 34. 50 34 50 34 13 65 13 65 5 39 5 39 3.59 29 99 3 00 3 00 8 25 8 25 82 00 82 00 82 00 Page 2 Access Television Inventory: Count~ <$100.00 ITEM MAKE battery pack Sony Battery Pack Sony battery pack - 8mm camcorder Radio Shack bits - 20pc high speed steel Black & Decker Boom - Microphone 31-50in. Atlas box - Direct audio transformer Pro Co box - Direct audio transformer Pro Co box - Direct audio transformer Pro Co box - Direct audio transformer Pro Co Box - Mic Splitter Pro Co Cabinet - Videotape Storage Winsted cable - 10 extention Grounded PNTA cable - 10 extention Grounded PNTA cable - 10 Grounded Twist PNTA cable - 10 Grounded Twist PNTA cable - 10 cable - 10 cable- 10 cable- 10 cable - 10 cable- 10 cable- 10 cable - 10 cable- 10 Cable- 100 Cable - 100 Cable- 100 Cable- 100 Cable- 100 Cable - 100 Cable- 100 Cable - 100 JVC-JVC JVC JVC-Sony Sony JVC-Sony Sony RCA plugs Whirlwind RCA plugs Whirlwind RCA plugs Whirlwind RCA plugs Whirlwind RCA-RCA Comprehensive RCA-RCA Comprehensive XLR-XLR Belden XLR-XLR Belden XLR-XLR Belden XLR-XLR Conquest XLR-XLR Conquest XLR-XLR Conquest XLR-XLR Conquest XLR-XLR Conquest Belden Belden Belden Conquest Conquest Cable - 25' XLR-XLR Cable - 25' XLR-XLR Cable - 25' XLR-XLR Cable - 25' XLR-XLR Cable - 25' XLR-XLR cable - 3in. Y phono plug to cable - 3in. Y phono plug to cable - 4in. Y 2 phono plugs cable - 4in. Y 2 phono plugs Cable - 50' XLR-XLR Cable - 50' XLR-XLR Cable - 50' XLR-XLR cable - 6' audio XLRJ-PP cable - 6' audio XLRJ-PP cable - 6' RCA-RCA cable - 6' RCA-RCA Cable - 75' XLR-XLR Cable - 75' XLR-XLR Cable - 75' XLR-XLR Radio Shack Radio Shack Radio Shack Radio Shack Conquest Conquest Conquest Comprehensive Comprehensive Comprehensive Comprehensive Belden Belden Belden MODEL S/N NP-80D NP-1A 230-0215 15086 PB-10X CB1 DB-138476 CB1 DB-140976 CB1 DB-138478 CB1 DB-140977 MS2 DB-140978 V14 PN14/SO/TL PN14/SO/TL PN14/SO/PL PN14/SO/PL VC511 BU-2 CCQ2AR CCQ2AR M3110 M3110 M3110 M3110 PP-PP-10 PP-PP-10 1M Soft 1M Soft 1M Soft RA 10 P~A 10 1M soft 1M soft 1M soft 42-2436 42-2436 42-2435 42-2435 XLRJ-PP-6 XLRJ-PP-6 PP-PP-6 PP-PP-6 1M Soft 1M Soft 1M Soft COST 69.85 82.00 24.99 8 99 38 00 59 00 59 00 59 00 59 00 59.00 85.00 43 00 43 00._ 32 00 32 00 97 00 79 00 79 00 6 40 6 40 6 40 6 40 2 65 2 65 52 00 52 00 52 00 26 65 26 65 39 00 26 65 39 00 19 95 19 95 19 95 14 98. 14 98 2 69 2 69 2 79 2 79 16.65 16.65 16.65 9.99 9 99 2 35 2 35 39 50 39 50 39 50 Page 3 Access Television Inventory: county'~ [ <$100.00 ITEM MAKE cable - remote control Sony cable - remote control Sony cable - Y two phone plugs to 1 Radio Shack Cable Organizer Cable Organizer cap - lens hood (120mm) cap.- lens hood (120mm) case - parts organizer deluxe case - parts organizer deluxe case - parts organizer deluxe case - parts organizer deluxe case - parts organizer deluxe case - softshell carrying Ceiling Scissor Clip Ceiling Scissor Clip Ceiling Scissor Clip Ceiling Scissor Clip Ceiling Scissor Clip Ceiling Scissor Clip Ceiling Scissor Clip Ceiling Scissor Clip ceiling Scissor Clip Ceiling Scissor Clip Clamp - Tota Clamp - Tota Clamp - Tota Clamp - Tota Clamp - Tota Clamp - Tota Clamp - Tota Clamp - Tota computer - (AS00) processor computer - C-View Adaptor computer - C-View Adaptor computer - External 3.5in. Computer - Power Supply computer - video digitizer computer software - Deluxe computer software - Pro Video computer software - Pro Video computer software - Pro Video container - storage container - storage container - storage container - storage container - storage container - storage container - storage container - storage cord - 50' electric cord - 50' electric Comprehensive Comprehensive canon Canon Contico Contico Contico Contico Contico Tamrac _. Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Lowel Lowel Lowel Lowel Lowel Lowel Lowel Lowel Adram MODEL RCC- 5 F RCC- 5 F X74-303 CR2 CR2 BA1- 9296- 0 BA1-9296-0 15xll. 5x5i 15xll. 5x5 i 15xll. 5x5i 15xll. 5x5i 15xll. 5x5i 972 CSC CSC CSC CSC CSC CSC CSC CSC CSC CSC T1-30 T1-30 T1-30 T1-30 T1-30 T1-30 T1-30 T1-30 Adram 505 Creative Micro NCR 3299K708BS Phoenix CPS-500 New Tek Digi-View Electronic Arts 3804 - Shereff Systems #3 Alt Shereff Systems PVP Amiga Shereff Systems #4 Alt Akro-Mills Akro-Mills Akro-Mills Akro-Mills Akro-Mills Akro-Mills Akro-Mills Akro-Mills Keep Box Keep Box Keep Box Keep Box Keep Box Keep Box Keep Box Keep Box 1382 D 142 Page 4 COST 71.00 71.00 1.79 18.00 18.00 9.00 9 00 9 89 9 89 9 89 9 89 9 89 47.85_ 2.95 2.95 2.95 2.95 2 95 2 95 2 95 2 95 2 95 2 95 16 82 16 82 16 82 16 82 16 82 16 82 16 82 16 82 79 95 39 00 16 35 80 00. 20 00 97 00 59 95 50 00 59 95 7 12 7 12 7 12 7 12 7 12 7 12 7 12 7.12 15.99 15.99 Access Television Inventory: County <$100.00 ITEM MAKE MODEL S/N COST cord - 50' electric cord - 50' electric CPC patch cord - 1 CPC patch cord - 2 CPC patch cord - 2 CPC patch cord - 2 CPC.patch cord - 2 CPC patch cord - 2 CPC patch cord - 1 CPC patch cord - 1 CPC patch cord - 1 CPC patch cord - 2 daptor - F to BNC desk - Inside Bremerton set DIFFUSION GLASS DIFFUSION GLASS Filter - 52mm UV (Haze) Flashlight - D Cell flashlight - D Cell Flashlight - Set of 3 flats - Inside Bremerton set Headphones - Stereo Headphones - Stereo Headphones - Stereo Headset - Transceiver (Ch B Headset - Transceiver (Ch B Headset - Transceiver (Ch B Headset - Transceiver (Ch B heater - electric console w/ jack/plug set - 1/8in. mini knife - utility lens - set (1.5 & 0.65) (for lens cap - lens cap - Light - Omni {Barn Doors) Light - Omni (Barn Doors) light - rack mount, dual mat - door mat - floor 3'x5' commercial mat - floor 3'x5' commercial microphone - omnidirectional mount - mic twin mount - mic twin nozzle - trigger w/ 12 oz can nozzle - trigger oscillator - test tone pad - line to mic XLRF-XLRM pad - line to mic XLRF-XLRM pad - line to mic XLRF-XLRM pliers - 5pc set plug - 1/4in. Stereo Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Comprehensive Rob Rupe Lowel Lowel Tiffen Rob Rupe Realistic / Realistic / Realistic / Realistic / Realistic / Realistic / Realistic / Patton Electric Radio Shack Stanley Yoshida Canon Canon Lowel Lowel Littlite Akro Akro Electro Voice Atlas Atlas Dust off Ultrajet Fostex Comprehensive Comprehensive Comprehensive Alltrade Radio Shack CPC 1 CPC 2 CPC 2 CPC 2 CPC 2 CPC 2 CPC 1 CPC 1 CPC 1 CPC 2 01-50 01-50 Hoya 52MM 3011 3011 51987 Nova 40 Nova 40 Nova 40 21-400 21-400 21-400 21-400 274-283 ST-1001 24-1019-00 24-1019-00 01-20 01-20 RL10D Mr Brush Mr Brush EV 635A TM-1 TM-1 FG TT15 TR-141 TR-141 TR-141 902-P5 274-285 0412420 0445274 0439559 0412447 9214 15.99 15.99 5.29 4.79 4.79 4.79 4.79 4.79 5.29 5.29 5.29 4.79 3.79~_ 33 50 33 50 59 85 2 84 2 84 9 99 24.95 24.95 24.95 35.00 35.00 35 00 35 00 29 98 2 49 5 98 64 85 3 16 3 16 47 73 47 73 89 50 6 49 18 96 18 96 99 00 17 65 17 65 23 00 22.00 46.70 37.50 37.50 37.50 19.99 1.59 Page 5 Access Television Inventory: County <$100.00 ITEM MAKE MODEL S/N COST power strip - 4' 15 outlet power strip - 6 outlet power strip - 6 outlet power strip - 6 outlet power strip - 6 outlet punch - 3 hole rack rail bracket 3 1/2in. rack rail bracket 3 1/2in. reel - cord (14in. dia) reel - cord (14in. dia) reel - cord (14in. dia) reel - cord (14in. dia) reel - cord (14in. dia) Resource Directory rewinder - 8~m~ videotape shelf - 3xl5in. rack mount Brooks Leviton Leviton Acco Winsted Winsted Doskocil Doskocil Doskocil Doskocil Doskocil Alliance for Radio Shack shelves - super size mega rack Hirsh Speaker - extension stand - 19in. gooseneck stand - mic, collapsible floor stand - mic, collapsible floor stand - mic, fishpole Stand - Microphone 4in. Stand - Microphone 4in. Stand - Microphone 4in. stepladder - 6' industrial SV light kit - 38in. Silver SV light kit - 42in. Silver SV light kit - Universal Sv light kit - Universal SV light kit - Universal SV light kit - Universal SV light kit - Umbrella Mount SV light kit - Universal SV light kit - Universal SV light kit - Universal SV light kit - Umbrella Mount switch - Camera cable length tape measure - 30' Telephone Answering Machine tool - Hex Crimp tool box - W/ trays tote - storage 18 gal w/lid tote - storage 18 gal w/lid tripod carrying strap tripod spreader tripod spreader waste basket - 28 qt. waste basket - 28 qt. waste basket - 28 qt. waste basket - 28 qt. Radio Shack Comprehensive Atlas Atlas Atlas Keller Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Smith Victor Hitachi Densi Stanley Radio Shack B Hughes Rubbermaid Rubbermaid Rubbermaid Bogen Bogen Bogen Rubbermaid Rubbermaid Rubbermaid Rubbermaid Page 6 UL402 BC? 5300PS 5300PS 3081 49002 49002 Cordwheel Cordwheel Cordwheel Cordwheel Cordwheel Yellow 440-1139 TMR 548 21-549 PSC3 PSC3 FP9 DS-2 DS-2 DS-2 776 670130 670132 FH1 FH1 FH1 FH1 UM2 FH1 FH1 FH1 UM2 SSR0262 430-0751 HCT-659 Roughneck 3044 3155 3155 28 qt. 28 qt. 28 qt. 28 qt. 27DEC90P 066092 Manfrotto Manfrotto 71.00 8.99 8.99 50.00 50.00 9.95 47.00 47.00 14.99 14.99 14.99 14.99 14 99~_ 10 00 39 99 48 00 54 99 13 95 10 50 50 00 50 00 25 00 22 00 22 00 22 00 59 79 23 00 25 00 35 00 35 00 35 00 35 00 33 00 35 00 35 00 35 00. 33 O0 Y0 00 5 98 49 99 20 00 19 99 7 89 7 89 13 99 30 00 30 00 6 69 6 69 6 69 6 69 Access Television Inventory: County ,~ <$100.00 ITEM MAKE MODEL S/N COST Total: 6,183.33 Page 7 ~ENDA BILL BREMERTON C~TY COUNCIL SUBJECT: Bremerton Kitsap Access Television - Kitsap County Governmental Services Agreement FOR AGENDA OF: December 30~ 1997 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskev DATE SUBMITTED: December 4~ 1997 o ~: (comment~n back 3. EXHIBITS: Attorney Fiscal & Budget Operat ions ENDORSEMENT 3< INF.O~MATION APPROVED BY COUNCIL PR~IDENT FOR SiLBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The County is purchasing Governmental Services specifically for the broadcast of County Commissioner Meetings, Hearing Examiner Meetings and Planning Commission. The Scope of Service developed by the BKAT Executive Director estimates a cost of $39,500 for these services. This is a flat rate contract for a one year period. Governmental Services requirements may change from year to year. Additional services shall be at the rate of $50.00 per hour. 8. RECOMMENDATION: Motion to approve Governmental Services Agreement with Kitsap County for BKAT services. RESPONSIBLE OFFICIAL: Admin. Svcs. ENFORCEMENT OFFICIAL: Admin. Svcs, EXPIRATION DATE: 12/31/95 REVIEW DATE: 9/98 PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 27' 2. C~CE COMMENTS ~cont.): 4. SUMMARY STATEMENT (co~,): Se IMPACT ON NON-PASSAGE: County will not be able to provide governmental programming. Se IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES $39,500 to BKAT budget. 7. RESEARCH SOURCES: GOVERNMENTAL SERVICES AGREEMENT BETWEEN KITSAP COUNTY CITY OF BREMERTON This Agreement is made this day of ,19 (County) and the City of Bremerton (City), who agree as ~011ows: ~ by and between Kitsap County Section 1. Scope of Services. In exchange for the funding provided by Kitsap County to City of Bremerton pursuant to this Agreement, City of Bremerton shall operate and manage through Bremerton Kitsap Access Television (BKAT) the governmental programming for the County. Governmental programming shall include, but not be limited to the following monthly programming as further described in Attachment A: County Commissioner Hearings Hearing Examiner Planning Commission City shall provide: all tapes; editing time as needed; technical support and consultation; preproduction and postproduction services; properly trained staff'and volunteers; camera and photographer for field assignments; coordinate programming hours and studio time; maintain County owned video production equipment. Program slots shall not be moved, altered or deleted without consent of the County. The content of County produced programming shall be controlled by the County. All regularly scheduled programming shall be replayed a minimum of one additional time. Advance notice of seven days shall be required for regularly scheduled meetings held at off site locations in Kitsap County. There shall be no additional cost for off site broadcast. Section 2. Funding. City shall receive funding in exchange for delivery of the services delineated in Section 1. of this Agreement. County shall make funds available to City as follows: County shall make monthly paymems to City of Three Thousand Two Hundred N~mety-one and 66/100 dollars ($3,291.66) payable by the 15th day of the month following the end of each month. Payment shall start upon installation of equipment and commencement of broadcasting. This is a fixed price contract based upon the estimated frequency shown in Attachment "A". Section 3. Term of Agreement. The term of this Agreement, shall be for a period of one (1) year commencing on January 1, 1998 and ending on December 31, 1998. The Agreement may be extended for one (1) year periods upon mutual agreement of the parties and renegotiation of Section 2. Funding. Section 4. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, suits, and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing this contract. Section 5. Termination. This agreemem may be terminated by either party without cause upon giving ninety (90) days written notice. Section 6. Non-discrimination in Employment and Service. City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, ancestry, national origin or physical or mental handicap. City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. C. City shall comply with Americans with Disabilities Act (ADA) requirements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF BREMERTON KITSAP COUNTY LYNN HORTON, Mayor PHIL BEST, Chairman Date: // // CHRIS ENDRESEN, Commissioner APPROVED AS TO FORM: CHARLOTTE GARRIDO, Commissioner IAN tC SIEVERS, City Attorney Date: DEPARTMENTAL APPROVAL: ATTEST: KATHLEEN McCLUSKEY, City Clerk 4 ATTACHMENT "A" COUNTY GOVERNMENT SERVICES CONTRACT Scope of Services 1998 County Cablecast Schedule Meeting Schedule A. County Commissioner's 104 hours B. Hearing Examiner 125 hours C. Planning Commission 24 hours 253 hours total These represent the estimated reel time (gavel to gavel) on air hours for the three County meeting schedules. These hours could expand, depending on meeting length. 2. Pre-Production One hour for each program 1 ~ 88 hours totals 88 pre-production hours 88 hours 3. Post-Production Minimum of 2 hours per each hour of reel time production. 2 x 253 hours totals 506 post-production hours 506 hours 4. Pre-Interconnect Playback Series To deliver the three County programs to both TCI and Falcon video communications for cablecast will necessitate at least one hour per each program. 88 hours Inside Kitsap County Three hours per month shooting schedule. Six hours per month post-production. 108 hours 790 hours per annum ~ $50.00 per hour $39,500 Additional services such as single episode special programming shall be at the rate of $50.00 per hour. BREMERTON KITSAP ACCESS TELEVISION DRAFT 1998 BUDGET Fundim, County Subscribers 30,000 ~.21 County Governmental Services Comract Total: BKAT $57,600 39,500 $97,100 Capit~ $18,000 City Subscribers 8,500 ~.21' TCI/City negotiated non pass through City Governmemal Services Total: Total BKAT Revenue: Expenditures Salaries & Benefits Executive Director Production Coordinator Production Assistant Clerical Supplies & Services Total Expenditures: $20,808 30,000 $50,808 $147~908 $115,248 32,660 $147~908 $21,420 *TCI prepaid $55,000 to the city to purchase new equipment. The .21 cent pass through will be retained by TCI for approximately 31 months to recover this cost. At the end of that period it will be remitted directly to the city for public access purposes. AGENDA BILL BREMERTON CITY COUNCIL ~ RESOLUTION NO. ~(~ Reauthorizing an Interfund Loan from the Water Fund to the Wastewater Fund ~-~ FOR AGENDA OF: Dec. 30, ORIGINATING DEPT: Trea~'~er ORIGINATOR: R. Hanna DATE SUBMI'I-rED: Dec. 16, 1997 2. CLEARANCES Co/~~~ if necessary) Public W°rks D.~ Dir Admin. Ser. City Attorney Co u n cl, Fisca, a~d 'B ~dg ~-~~J¥~/~,~~ MAYOR ? -- 3. EXHIBITS: Proposed Resolution INFORMATION COUNCIL PRESIDENT ~_.._~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: By Resolution No. 2574, the City Council authorized an interfund loan from the Water Fund to the Wastewater Fund. The size of the current loan was limited to $3 million and the term was limited to the end of the current year. It is requested that the term of the loan be extended to December 31, 1998 and that the size of the loan be increased to $4.5 million. 8. RECOMMENDATION: Motion to adopt Resolution No. ~'~ 4//'// authodzJng an interfund loan from the Water Fund to the Wastewater Fund. 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: Dec. 31, 1998 REVIEW DATE: N/A PULLED COUNCIL DIRECTIVE: TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: ~:~ 7- ,,~7~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Other means of financing the possible cash flow deficit will need to be arranged or the Wastewater Fund may operate in a deficit position contrary to statute and bond ordinance. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7, RESEARCH SOURCES: Staff analysis of utility cash flow projections. RESOLUTION NO. ,~O A RESOLUTION reauthorizing an interfund loan to the Wastewater Operating Fund from the Water Operating Fund. WHEREAS, the Wastewater Fund has a short term need for operating cash pending the receipt of monies due from several contracts, grants and long term loans; and and WHEREAS,the size and term of this transaction does not lend itself to an external financing; WHEREAS, surplus cash in an amount sufficient to accommodate this short term need is presently on hand in the Water Fund; NOW, THEREFORE, let it be resolved that the City Treasurer is hereby authorized and directed to make an interfund loan to the Wastewater Fund from the Water Fund in an amount not to exceed $4,500,000. This loan shall bear interest at the rate of five percent per annum and shall be repaid in its entirety on or before December 31, 1998. PASSED by the City Council of the City of Bremerton this ~ day of ,1997. DAVID FARR, Council President AGENDA BILL BREMERTON CITY COUNCIL ~_~ ORDINANCE NO./-/'~'/~ FOR AGENDA OF: Dec. 23, 1997 ORIGINATING DEPT.: TREASUR_~ SETTING WATER AND WASTEWATER RATES ORIGINATOR: R. HANN~ DATE SUBMITTED: Dec. 15, 1997' 2. CLEARANCES Comm~~~ary) .. PRESENTED AT 1~15/97 STUDY SESSION ENDORSEMENTS ~ INFORMATION 3. EXHIBITS: PROPOSED ORDINANCE APPROVED BY COUNCIL PRESIDENT FOR SUBMIT COUNCIL PRESIDENT ~, ~_ ~_ ~.,.._ 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance will increase the City's retail water and wastewater rates by an average of 3.5 percent effective February 1, 1998. Staff analysis has demonstrated that this increase is necessary to allow the utility to pay for current operations and to implement the capital improvements which are mandated to meet environmental and water quality regulations. RECOMMENDATION: M~t~o _ ."C'.'C C,~. flr~f r~,~rl;.N,q (~lrNin~n~a _~_r~_ °~-7- ............ o ........... Motion to pass on second reading Ordinance No. ~ ~ setting utility rates. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer Mayor N/A N/A PULLED COUNCIL DIRECTIVE: TABLED lO. NOTICE OF ACTION APPROVED DISAPf 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: .... Current water and wastewater rates will remain in effect with a resulting shortage of ~evenue to the City's utilities. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Will increase the operating revenues of the water and wastewater utilities by approximately $87,000 and $190,000 per year respectively. r RESEARCH SOURCES: Capital Improvement Plan Water and Wastewater rate analysis by staff. ORDINANCE AN ORDINANCE mending rotes and charges and clarifying assessment fees for municipal water and wastewater services, providing for implementation of stormwater charges on annexed properties; and amending Ordinance No. 4578. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. follows: Amendment. Sections I, IV and V of Ordinance No. 4578 are amended as PURPOSE. This ordinance establishes assessments, rates and charges for municipal water, wastewater and stormwater services. Except as expressly provided herein, nothing in this ordinance shall affect the application of annual adjustments of General Facility Fees, or Connection Fees as set forth in BMC 15.06.020. I. WATER. (a) ASSESSMENTS: (1) General Facility Fee. (a) Within City limits (b) Outside City limits $150.00/ERU $225.00/ERU (2) Front Footage Fee. (a) Within City limits (b) Outside City limits $8.00 per foot $12.00 per foot (3) Connection Fee. WASTEWTR. ORD- 12/10/97 Rate Per Connection Size Within City Limits 3/4" $ 733.00 1" 788.00 1 1/2" 1408.00 2" 1579.00 Greater than 2" Time & Materials (4) Pavement Restoration.* Asphalt Concrete $300.00 $300.00 *Refundable, ifassessedand notrequired. (5) CountyRoad Permit N/A (b) RATES: (1) Retail Water Service Rates. Monthly Service Charge Meter Size 5/8 & 3/4 inches 1 inch 1-1/2 inch WASTEWTR. ORD- 12/10/97 Within City Limits 2 Out,de CityLimits $1099.00 1182.00 2112.00 2368.00 150%ofTime&M~efials $450.00 $450.00 Cost Outside City Limits 8 inch ~.~,o. ~.,,~ 33-,. o,,~...8.:'~.~ ,., r~ e'*'"'~"'::*?:...".{i:'':::''~. ~ , t~ e ~'^?"!':"?:""::::'::ii::':::":: 10 inch 79,.,,.,~.-.;..~ ~,~ 12 inch ~~ ~, ..... ~ ~ ~. ~i~~ ........................ ~'"'~"~:'~'~ Commodity Charge $0.75/H.C.F. $1.125/H.C.F. (2) Fire Protection Service. Monthly Service Charge Service Size Within City Limits Outside City Limits 2 inch $ §.65~ii~ $13.00~ 3 inch 9.55~ 14.3~ 4 inch I0.40~ 15.60 ~. 6 inch 13. 8 inch 17.30~ 25.95~: ~ ,, ~r,"B":'i':i?'¢'"'~ ",~ '~:"i:i"':~::~¢?:':': 10 inch 12 inch 34.60~ (3) Low-Income Senior Citizen and Low-Income Disabled Citizen Rates. Monthly Service Charge WASTEWTR.OKD - 19d10/97 3 Meter Size 5/8 X 3/4" Base Charge Within City Limits Outside City Limits · ~ t~ r;":':.:37;;' ...... $.,.~,~,~.~5~/Acct Commodity Charge 0 - 1000 CF/Billing Over 1000 CF/Billing No charge $0.75/H.C.F. No charge $1.125/H.C.F. (4) Temporary/Construction Meter. Size Deposit 3/4" & 1" $ 75.00 Hydrant meter 300.00 Commodity Charge Within City Limits Base Fee $~:50~/mo 4 o.· ,,~.i~!~/^^~'";~:'"'"~i?':'i"'i~ mo $0.75/H.C.F. Outside City Limits Base Fee $ ~.,~ ~, ~":~:'"::?'"~, ~.~/m o /-~ e t ~ '""!:"'"~i~:"?"' ~,,..,~:~::~/mo $1.125/H.C.F. (5) Water Inspection Fees. Ma~n Extensions Pump Stations Miscellaneous Within City Limits $0.75/ff. but not less than $300.00 $500.00 $40.00/Hr. Outside City Limits $1.125/ft. but not less than $450.00 $750.00 $60.00/Hr. WASTEW'rR. ORD - 12/10/97 4 H. WASTEWATER (a) ASSESSMENTS: .......... ::::::'"':::~ .................... '":'": (1) General Facility Fee. (a) Within City limits (b) Outside City limits (2) Frout Footage Fee. (a) Within City limits (b) Outside City limits (c) Properties not included in ULID #327 fronting the sewer main in Northlake Way installed as part of the Kitsap Lake Sewer Extension (ULID #327) project. (3) Inspection Fee. Lateral connection at P/L Lateral connection at main Conveyance Facility Ext. Pump Station Within City Limits $ 40.00 $250.00 $1.25/Ft. but not less than $300.00 $500.00 $150.00/ERU $225.00/ERU $ 8.00 per foot $12.00 per foot $64.30 per foot Outside City Limits $ 60.00 $375.00 $1.90/Ft. but not less than $450.00 $750.00 WASTEWTR. ORD- 12/10/97 5 Miscellaneous $40.00/Hr. (b) RATES: (1) Retail Wastewater Service Rates. Monthly Service Charge Single Family Base Charge Commodity Charge Within City Limits $o..,~i~/Acct 3.70/H.C.F. Duplex on 1 Meter or 2 Bldgs. on 1 Meter or Single Parcel Base Charge Commodity Charge $,.~,o~i~::~/Umt 3.70/H.C.F. Multiple Family Base Charge Commodity Charge $~,.~-,~.i::~i~/Umt 3.70/H.C.F. Commercial I Base Charge Commodity Charge 3.70/H.C.F. Commercial II WASTEWTR. ORD- 12/10/97 $60.00/Hr. Outside City Limits Sr., ~7~$/Acct 4.25/H.C.F. 4.25/H.C.F. $.. 4.25/H.C.F. · -,~i~/Acct 4.25/H.C.F. Base Charge Commodity Charge $,,. ~,~/Acct 5.80/H.C.F. 6.67/H.C.F. (2) Low-Income Senior Citizen and Low-Income Disabled Citizen Rates. Monthly Service Charge Single Family Account Class Base Charge Commodity Charge 0-1000 CF/Billing Over 1000 CF/Billing (3) Septage Disposal $0.10/gal of tank capacity. Within City Limits Outside City Limits No charge No charge 3.70/H.C.F. 4.25/H.C.F. III. MISCELLANEOUS CHARGES. (a) METER TEST FEE SCHEDULE: Size 3/4" & 1" 1 1/2 & 2" 3" or greater (b) OFFICE SERVICES: Accoum Maintenance WASTEW'rR. ORD- 12/10/97 Utility Customers Others $72.00 $ 72.00 $88.O0 $ 88.00 $105.00 (W/Test Port) $105.00 Time and Materials (WO/Test Port) Within City Limits 5.00 Outside City Limits 5.00 Delinquency Notice (Mailer) A.C.H. Per Service Lien Recovery Charge Duplicate Bill Charge (per billing period) 2.50 <1.00> 50.00 1.00 2.50 <1.00> 50.00 1.00 (C) FIELD SERVICES: Wet tapping (water main only) 2179.00 3268.OO Fire Hydrant Installation Water Meter Removal Charge Cross-Connection Control Device Tesfflnspection Water Service Turn-off/Turn-on - (Customer Request) Regular Hours After Hours Delinquency Notice (Door Knocker) Water Service Tum-offdTum-on - (Delinquent Accounts) Regular Hours After Hours Flow and Pressure Test (Uncertified) 3/4" & 1" meters only Utility Plant Locates Regular Hours After Hours Emergency 3153.00 40.00 30.00 N/C 80.00 10.00 30.00 80.00 30.00 N/C 80.00 N/C 4729.00 40.00 30.00 N/C 80.00 10.00 30.00 80.00 30.00 N/C 80.00 N/C WASTEW'TR. ORD - 12,'10/97 8 (d) UTII,ITY PLANT INSPECTIONS: (Miscellaneous) (e) PARK RESERVATION FEE: (non-refundable) (f) PLAN CHECK: (1) Water: (i) Main Extensions (Includes hydrants and appurtenances and connection to water system) (ii)Pump Stations (iii) Fireline Extensions (iv) Irrigation Systems (v) System Connections (vi) Miscellaneous (2) Wastewater: (i) Conveyance Facility Extensions (Includes manholes and appurtenances and connection to wastewater system) (ii) Pump Stations (iii) System Connections (iv) Miscellaneous WASTEWTR.ORD-I~lff97 Within City Limits 30.00 25.00 $0.10/fi but not less than $100.00. $500.00 $54.00 $54.00 $54.00 $27.00/Hr $0.10/fi but not less than $100.00. $500.00 $ 54.0O $ 27.00/1-11- Outside City Limits 30.00 25.00 IV. STORMWATER "'"'"'"?'"~:: :~: :?.'"¢ :~:::: :::'~:~:'.':~::: *~: ::'::: ~:~: :~: ::'.': :::: ========================== "":::::: '"'"':"':: ::'" ':'"'":: '":: "'": ::'"': ::'"5 ::'":~'":':'"" .'.:: Within City Limits Outside City Limits (1) Storm Drainage Plan Review Fees** (i) Preliminary Drainage Plans Residential Development Non-Residential Development (2) Final Detailed Drainage Plans (ii) Residential Development 0-20 Lots 21-50 Lots 51-100 Lots 100+ Lots Minimum Charge Non-Residential Development Minimum Charge (iii) Resubmittal Fees First Resubmittal Subsequent Resubmittal (2) Storm Drainage Inspection Fees** $325.00 N/A $225.00 + N/A $10.00~SU N/A $35.00/Lot N/A $25.00/Lot N/A $22.50/Lot N/A $20.00/Lot N/A $250.00 N/A $10.00~SU N/A $150.00 N/A No Charge N/A $250.00 N/A WASTEWTR.ORD- 12/10/97 10 Residential Development Non-Residential Development Minimum Charge Conveyance Fac. Ext. Unscheduled Inspections $15.00/Lot N/A $10.00/ISU N/A $100.00 N/A $ .75/Ft with N/A a minimum of $300.00 $40.00/Site Visit N/A (Unscheduled inspections shall be tracked through the course of project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval) **Storm drainage plan review and inspection fees do not apply to single family residence or duplex construction on an existing established lot. Fees payable at time of submittal.. (b) P, T S: (ii) (1) Retail Stormwater Service Rates. Monthly Service Charge (i) Single Family Base Charge Low Income Senior Citizen and Low Income Disabled Citizen Rate Exception: Duplex W/2 Meters Multiple Family Base Charge Within City Limits Outside City Limits $4.00/Acct N/A $2.50/Acct N/A $2.00/Acct N/A $4.00/ISU N/A (iii) Commercial WASTEWTR. ORD - 12/10/97 11 (iv) (v) (vi) (2) Base Charge $4.00/ISU N/A Public School Districts $4.00/Acct* N/A *Parcels owned or leased by public school districts which provide activities which directly benefit the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the surface and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge shall be determined by !..he Director, based upon the cost of the activities to the school district, but not to exceed the value of the activity to the stormwater management program. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in Stormwater Management service charges will only be granted to school districts which provide programs that have been evaluated by the Director. The service charge adjustment for the school activity may be applied to any parcel in the service area which is owned or operated by the school district. Retail Stormwater Rate Adjustment Multiple Family & Commercial Within City Limits Outside City Limits Water Quality Water Quantity $.50/ISU N/A $1.50/I SU N/A Stormwater Penalty for new Multiple Family & Commercial development without on-site detention (BMC 15.06.050(b)) $.50/ISU N/A WA~TEWTR. ORD - 12/10/97 12 ~counwa~l qu,,,tuty ,,uu q. ua,uty "llptUV~ll~ll~ Implementation Schedule for ~exed Prope~ies. ~en ~exed to the Ci~, all mukiple f~ly ~d comerci~ propeaies ~th ~o or more ISU's MI1 receive the ~ts in b.(1)(v) above per ISU for 2 ye~s ~om the date of ~exation; Provided, the prope~ omer sub.ts engineering plus ~d specificmions for on-site ao~water qu~tity ~d quali~ improvements for their propeay Mt~n 9 months of annexation, ~d s~d pl~s ~e approved by the Dep~ment ac~rding to System Development and Construction Stand.ds. F~lure to comply ~th any of the ~orementioned provisions will result in these accounts being ch~ged at the rate of $4.00~SU~onth begimng 1 ye~ ~om ~exation. potion of the front footage ~d fac~ties fees be made to ~y omer(s) whose prope~ becomes ~exed into the City of Breme~on Mt~n twelve (12) months from the date of payment of such fees. WASTEW'YR. ORD - 12/10~7 13 Section 2. Effective Date. APPROVED by the City Council of the City of Bremerton this , 1997. PASSED by the City Council of the City of Bremerton this ~ , 1997. This ordinance shall become effective February 1, 1998. day of day of APPROVED this DAVID FARR, Council President day of ., 1997. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk WASTEWTILORD - l~t10~7 14 AMENDING ORDINANCF~cOF SHORELINE MASTER PROGRAM DOCKS/PIERS IN OYSTER BAY CHANNEL CITY' ATTORNEY AGENDA BILL BREMERTON CITY COUNCIL 12- 3o FOR AGENDA OF: December ~ , 1997 ORIGINATING DEPT: DCD ORIGINATOR: Donald L. Pratt, Director of DCD DATE SUBMITTED: December __, 1997 A. Resolution No. Bremerton Planning Commission. B. Shoreline Master Plan Sections as proposed to be amended. C. Minutes: Bremerton Planning Commission, 10/21/97 Public Hearing Resolution No. to City Council recommending prohibition of docks and piers in Oyster Bay Channel. D. Summary of Public Agency comments received. E. Recommended Ordinance. NOTE: A binder with correspondence from the public and from public agencies involved in the process has been prepared. Copies of this binder may be reviewed at the City Council Office (239 4th Street, 2nd floor) and at the Department of Community Development (286 4th Street, front counter). ENDORSEMENT ~ INFORMATION [] 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The Bremerton Shoreline Master Program is implemented by the Washington State Department of Ecology. The City develops the Program, the State reviews and approves/denies, the State adopts the Plan as law, the State and the City enforce. SUMMARY STATEMENT CONTINUED ON PAGE 2. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED COUNCIL DIRECTIVE: [] (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT CONTINUED: The City Council, in August 1997, found the issue of permitting docks/piers within Oyster Bay Channel to have serious concerns adequate to institute a moratorium on any dock/pier construction pending a review of the Shoreline Master Program. The Planning Commission has completed the[~ review of the pertinent portions the Master Program and has recommended that docks and piers be prohibited within the Channel. This recommendation has been forwarded to the City Council. The City Council must approve any requests for amendments to the Bremerton Shoreline Master Program. 5. IMPACT OF NON-PASSAGE: Docks and Piers will continue to be allowed in Oyster Bay Channel on a case-by- case basis. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: This Project is an unfunded effort which displaces work on other funded projects. RESEARCH SOURCES: A. Washington State Department of Ecology - Shorelands Division Alice Schisel, Regional Representative (425-699-4309) U.S. Army Corps of Engineers - Permit Review and Enforcement Sections Christina Tong ((206)-XXX-XXXX). 8. RECOMMENDATION: A~ve Ordinance NO on /i£.~t £eadi-~g. Pass Ordinance No. ~/~ on second reading. S-LINE-MP.AB - Agenda Disk - 12/02/97 ORDINANCE NO. q (_o [q AN ORDINANCE amending the City Bremerton Shoreline Master Program, adopted by Ordinance 4365, to restrict docks and piers in the channel between Oyster Bay and Ostrich Bay. WI4E~AS, the Bremerton Planning Commission conducted a public heating on September 16, 1997 to consider amending regulation of docks and piers within the Oyster bay entrance channel as directed in Bremerton Resolution No. 2621; and WHEREAS, the Bremerton Planning Commission has forwarded its resolution recommending that the Oyster Bay entrance channel have a special Environmental Designation that would prohibit piers and docks given the unique topographical characteristics of this channel; and WHEREAS, the Bremerton City Council, after taking public testimony on the recommended changes to the Shoreline Master Plan pursuant to SMP Chapter 7 G, adopts the findings and recommendation of the Planning Commission amending the channel Environment Designation as an area of unique and hazardous characteristics and physical limitations incompatible with intense development; and prohibiting construction of docks and piers in the channel; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. The Bremerton Shoreline Master Plan, Table 3-1 Shoreline Use/Activity Matrix, is amended to include a footnote to the Piers and Docks Shoreline Use/Activity for the Residential Environmental Designation to read as follows: Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Figure 3-5; all as set forth is Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Amendment. The Bremerton Shoreline Master Plan Chapter 3F is amended to include a new subsection to read as follows: Oyster Bay Channel Piers and docks shall be prohibited in the channel between oyster Bay and Ostrich Bay as depicted in Figure 3-5. Figure 3-5 attached hereto as Exhibit "B" shall be added to SMP Chapter 3F. Section 3. Amendment. SMP SHORELINE USE POLICIES AND REGULATIONS, WATER ACCESS AND MOORAGE, REGULATIONS, 10 is mended to read as follows: DOCKS.ORD - Di~k 2 - 12/4/97 Piers and Docks 10. Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. No piers or floating docks will be permitted in the channel between Ostrich and Oyster Bay~, Seetion¥. Effective Date. This ordinance shall take effect upon final approval by the State Department of Ecology in accordance with RCW 90.58.120. APPROVED by the City Council of the City of Bremerton this day of .,1997. PASSED bythe City Council ofthe City of Bremeaonthis ~, 1997. day of DAVID D. FARR, Council President APPROVED this ~ day of ,1997. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Dept. of Ecology Approval, Effective Date: DOCIC~.ORD * Diak 2 - 12/4/97 EXhrdlT NO." " TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 2 of 3) ENVIRONMENT DESIGNATION CN RS CM ID DU DM KL KW TB SHORELINE USE/ACTIVITY ROADS, RAILWAYS AND BRIDGES CU CU p P P P CU CU CU SOLID WASTE DISPOSAL X X X X X X X X X UTILITIES CU p P P P P CU CU CU WATER ACCESS AND MOORAGE: - Boat Launch Ramps CU CU p P P P CU × CU - Marine Railways CU CU CU P P P CU X CU - Mooting Buoys _ P P P P NA P P NA P - Piers & Docks CU p2 p P P P CU CU CU - Recreational Floats CU P P P NA P CU NA P SHORE MODIFICATION BEACH ENHANCEMENT CU CU CU CU CU CU CU CU CU BREAKWATERS, JETTIES, ROCK WEIRS, GROINS CU CU CU CU NA CU X NA X BULKHEADS, SEAWALLS CU p p P P P CU X CU CLEARING CU p P P P NA NA CU NA DREDGING CU2 CU CU CU NA P CU X CU GRADING & DRAINAGE p p P P P NA NA CU CU FLOOD MANAGEMENT S S S S S S S S S LANDFILL: - Landward of OHWM CU p P P P NA NA X NA - Waterward of OHWM X CU3 CU3 CU3 NA CU3 CU3 X X REVETMENTS CU p P P P P CU CU CU P = PERMITTED · X = PROHIBITED · A= AS APPLICABLE · NA = NOT APPLICABLE CUP = PERMITTED SUBJECT TO OBTAINING SHORELINE CONDITIONAL USE PERMIT (CUP) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 2 TABLE 3-1 SHORELINE USE/ACTIVITY MATRIX (Page 3 of 3) KEY REQUIREMENT P Use/Activity is permitted in the Environment, subject to regulatory controls in appropriate Use/Activity section. CU Use/Activity is permitted in the Environment, subject to obtaining a Shorelines Conditional Use Permit (CUP). X Use/Activity is prohibited in the Environment. A As applicable. NA Use/Activity is not applicable to the Environment. 1 See Commercial Development Policies and-Regulations for list of specific commercial uses permitted (Chapter 4). 2 Permitted for "public" purposes only. 3 Permitted for water-dependent and public uses only. 4 Permitted for water-dependent and water-related uses only. 5 Permitted for water-dependent uses only. 6 Does not include residential uses in marinas. 7 See Environment-Specific Regulations (Chapter 3). 8 See General Requirements (Chapter 4). _9 Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Fi,qure 3-5. SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 3 F. ENVIRONMENT-SPECIFIC REGULATIONS Oyster Bay Channel Piers and docks are prohibited in the entrance channel to Oyster Bay as depicted in Figure 3-5. Development Standards The matdx and illustrations which follow outline Master Program development standards for various Environment and NaturaL-System designations. These figures are intended to supplement the Use/Activity requirements in subsequent chapters. Table 3-2 Site Development Standards The Site Development Standards matrix (Table 3-2) summarizes development standards for structures located within each environment designation. The intent of these requirements is to provide limited view protection for nearby public and private areas and to help protect the shoreline environment. (See also: View Protection requirements, Chapter 4.) Figure 3-3 View Corridor Examples Figure 3-3 shows a "bird's eye" view of the Figure 3-3 View Corridor requirements as applied to lots that are 40 - 90 feet wide. Figure 3-4 View Corridor/Height Requirements Figure 3-4 gives a cross-section example of the Figure 3-3 View Corridor and Height requirements as applied to lots varying from 40 to 90 feet in width. (The maximum heights correspond with Bremerton Zoning Ordinance height limits for structures in the SF-1, SF-2 and SF-3 zones.) SMP ENVIRONMENT DESIGNATIONS & REQUIREMENTS 3 - 6 o Pre-existing Residential Lots: For residential lots existing at the time this program is adopted (2/2/92): No more than one (1) pdvate, noncommercial single-use dock is permitted per platted shoreline lot or unplatted shoreline tract owned for residential or recreational purposes. Multifamily/Commercial Developments: Multi-family residences, hotels, motels, and other commercial developments proposing to provide moorage facilities shall construct a single, joint-use moorage facility: PROVIDED, that the City may authorize more than one joint use moorage facility if a single facility would be inappropriate or undesirable given the specific conditions of the site. o Commercial/Industrial Developments: Permits for docks or piers serving single commercial or industrial enterprises shall not be granted unless it is determined that adjacent commercial and/or industrial enterprises are not willing to cooperatively develop a joint-use facility. Maintenance: Proposals for joint-use community piers and docks shall demonstrate and document that adequate maintenance of the structure and the associated upland area will be provided by identified responsible parties. Piers and Docks 10. Prohibited: Piers and floating docks shall be prohibited where navigation may be impaired significantly at entrances to bays, channels, or coves. No piers or floatin,q docks will be permitted in the channel between Ostrich and Oyster, Bays. 11. Location: Piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. 12. Inside Harbor Areas: When State harbor lines have been designated, piers and docks shall be located shoreward of the outer harbor line. 13. Outside Harbor Areas: Where State harbor lines do not apply, piers and docks shall project the minimum distance necessary to service the appurtenant vessels and shall not create a hazard to navigation. 14. Size: Length: Maximum length of a residential pier or dock shall be the minimum necessary to accomplish moorage for the intended boating uses, and shall be only so long as to obtain a depth of five (5) feet of water as measured at Mean Low Water (MLW) in marine shorelines or as measured at Ordinary High Water (OHWM) in fresh water shorelines. bo Height: Dock shall not exceed three (3) feet in height above OHWM on the landward side, and shall extend above the water surface no more than two (2) feet at all other locations. SMP SHORELINE USE POLICIES AND REGULATIONS 5 - 31 RESOLUTION NO. A Resolution Recommending Establishment of a Special Shoreline Environment Designation to Apply to the Channel Between Ostrich Bay and Oyster Bay WHEREAS, the Bremerton City Council passed Resolution No. 2621 on August 6, 1997, creating a development moratorium on docks and piers within the Oyster Bay entrance channel for a period of nine months; and WHEREAS, the Brelnerton Planning Commission, as directed, conducted a public meeting on September 16, 1997, during which it received oral and written comments pertaining to the areas subject to the moratorium; and WHEREAS, careful and deliberate consideration of all presented and available information relating to the moratorium issues of (1) Navigational hazards, (2) Aesthetic Impacts, and (3) Environmental and Public Trust issues, led to the conclusion that, while negative impacts initially were hard to define scientifically, they could be clearly defined and were found to be potentially objectionable when viewed cumulatively. In view of the unique topographic and singular nature of the waterfront environment within the Oyster Bay entrance channel, the Commission concluded it would be impossible to find an equitable resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BREMERTON CITY PLANNING COMMISSION: Section 1. That Table 3-1, Page 3-21 of the Shoreline Master Program (SMP) be corrected to correspond with the regulations contained in item 6, Page 5-19. Section 2. That a special SMP Environment Designation be established for the Oyster Bay entrance channel that will prohibit piers, docks and other incompatible uses and activities while allowing activities that are compatible with the channel's unique environment. PASSED by the Bremerton Planning Commission this c:~ / J day of October, 1997. L~irry ~tohe~hair sD/nald L. Pratt ecrctary to the ?lanning Commission UNAPPROVED DRAFT PLANN1NG COMMISSION MEETING OCTOBER 21, 1997 The meeting was called to order by Chairman Stone. Those present: Chairman Stone, Commissioners Robinson, Hancock, Olson, Boyd and Dingfield Quorum certified Note: Commissioner Adams arrived at 6:05PM. Donald Pratt announced that Commissioner Hancock has asked that his resignation date be extended fi-om October 1~t to November 1st. Discussion was held with the City Attorney and the extension is appropriate. August 19, 1997 Minutes Motion by Commissioner Boyd and seconded by Commissioner DingfieId to move for approval. Question called Hancock, yes; Dingfiela~ yes; Olsen, yes; Boyd, yes; Robinson, yes; Stone, ye~ Motion passes, September 16, 1997 Minutes Motion by Commissioner Dingfield and seconded by Commissioner Hancock to move for approval. Question called. Robinson, yes; Hancock, yes; Dingfield, yes; Olsen, yes; Boyd, yes; Stone, yes, Motion passes. Call to the Public No response. Director's Report Donald Pratt presented the Commissioners with a report called "Regional Review" which is published by the Puget Sound Regional Council. Reviewed the concepts presented in the document. Actively involved with Kitsap County regarding their Growth Management Plan. Ron Hough has had several conversations with County Planning Staff The quality of the discussions are much better that what has gone on over the past several years. The Mayor will present her budget to the City Council next week. Difficult budget year--revenue projections were short. PAGE -1- ¢/ There are several Planning Commission Committees working-telecommunications, Wheaton Way and Manette, etc. Would like to see some reports at the next meeting. Suggested that prior to opening the Public Hearing would like to review the process for changing the Bremerton Shoreline Master Program This discussion could be under the Study Session portion and then have the hearing at 6:15PM. Chairman Stone indicated that would be fine. Study Session Donald Pratt stated that the Bremerton Shoreline Master Program is not a local City Ordinance, it is a statewide code that applies to all jurisdictions and is enforced and administered by the State of Washington. However, they do request local governments to come up with their own local programs and those local programs are adopted by the state into the Washington Administrative Code. Locally we administer the code subject to review of the State of Washington to ensure conformance with state law. To amend the program, we adopt local resolutions detailing what we want to change. The resolution is sent to Washington State and they go through their own review process soliciting comments fi.om various agencies, neighbors, etc. The comments are forwarded back to the City of Bremerton and we are asked to respond to all comments received. Finally the State will review all comments and adopt or reject with comments our local resolution. The entire process takes approximately 5 months. Any resolution adopted tonight will be attached to a state environmental checklist. Public Hearing Donald Pratt presented the staff report. This is a public heating to accept comments regarding a proposed Resolution to amend the City' s Shoreline Master Plan in response to a moratorium on docks and piers within a channel between Madrona Point and Marine Drive. Presented a map of the area and reviewed the process to date as outlined in the "Bremerton Planning Commission Moratorium Report". Reviewed two proposed draft discussion resolutions; Docks and Piers Conditional Use Permit Resolution and Piers and Docks Prohibition Resolution. The Prohibition Resolution has a conclusion that no docks and piers will be allowed in the channel. The Conditional Use Permit Resolution requires that a Conditional Use Permit be approved prior to the development of docks and piers in the channel. Reviewed the current language in the Master Program. Commissioner Dingfield requested an outline of the Conditional Use Permit Process. Chairman Stone indicated that the two resolutions handed out were mislabeled and should be reversed. PAGE -2- Donald Pratt reviewed the process and requirements for a Conditional Use Permit. Chairman Stone outlined the decisions before the Commission and invited the public to comment. Gerry Perret, urged acceptance of the prohibition of piers in the channel. Audience person asked Commissioner Stone to have the speakers identify themselves along with the place of residence for the record. Commissioner Stone concurred. Gerry Perret, Marine Drive resident. Jim Reid, Madrona Point resident concerned about property use and value fights. Would like to see a balanced compromise on the issue. Would like to see some documented "proof" of some of the negative issues. Viola Wollock, Madrona Point resident does not support docks in the channel. David McClellan, Madrona Point resident supports docks and feels it is the property owners right. Stated that most of the fish currently "hang out" around the floats and feels that the fish will increase with piers. Bernard Holland, Marine Drive resident, concerned about his property values as well. Does not want any docks permitted in the channel. The channel belongs to everyone, not just the residents along the channel. Tim Olson, Rocky Point resident, against docks and piers in the channel. The channel is unique and needs to be protected. Robert LaFontaine, Marine Drive resident, against docks and piers in the channel. Concerned with safety issues. Suzanne Holland, Marine Drive resident, against docks and piers in the channel. Has safety concerns and fears that if you allow one, others will come. All property owners are restricted on what they can and can't do. Concerned with siltation. Benita Reid, upset that no one has watched a video that her husband has. Many of the docks would be "high and dry" during the summer when the tide is out and will not be a hazard. Feels many neighbors have not been informed. The majority of the neighbors do not want this passed. There must be a happy medium. John Green, Marine Drive resident, read a letter into the record. Supports allowing PAGE -3- docks and piers in the channel. Frustrated with how this issue has affected the neighborhood and feels that allowing docks would most likely improve home values. Mary Gardner, Madrona Point resident, questioned why she had not received any notices and wanted to know what the ownership issue is as for as the land is concerned? Donald Pratt, stated that the City is not required to notify all individual homeowners and that there have been notices in the paper and a small mailing was done. Feels that with the crowd here tonight that the word has gotten out and there appears to be a good cross of opinions. The issue of ownership varies parcel_.to parcel. Bob l~erdandez, Madrona Point resident, supports docks in the channel. Feels if you own the property then you should have the fight. People who do not live on Oyster Bay should not be addressing this issue--they are not paying the taxes. Kathy Gallagher, resident of Madrona Point, against docks in the channel. Concerned with safety issues and possible pollution. The channel is unique and needs to be protected. Placed into the record a document elaborating on what she had said. Kathleen Wright, resident of Poulsbo, against docks in the channel. Feels the channel belongs to everyone, not just the residents along the channel Concerned about the future of the channel, as well as safety issues. If the Commission does not prohibit docks now, this issue will be going on for years to come. John Green stated there is already a speed limit on the channel and should be enforced. Who do you petition to enforce this? Chairman Stone stated that the Seattle Police Department enforces the speed limit in the Mountlake Cut. Don Holm, resident on Madrona Point, supports docks and piers. Feels that if docks are not allowed on waterfront, the value of the homes will decrease. Stated that from Madrona Point he has 22 signatures from people who are approving 150-foot dock. The majority is not here, only the minority. Whatever decision is made will only effect the residents financially, not the rest of the community. One year ago the Planning Commission approved 150-foot dock. Can't understand how we have gone from an approval to possibly eliminating docks completely. Viola Woilick stated her displeasure with Mr. ltoitz and his actions. Wayne Iverson resident of Madrona Point supports no docks in the channel. The channel is the wrong place for a dock. PAGE -4- Maynard ltoffman, resident of S. Marine Drive. Tired of coming down here for all of the heatings--the issue has gone on long enough. Supports no docks in the channel. David McClellen, resident of Madrona Point. Doesn't care how long the issue goes on as long as we do not loose any of our rights. Donald Pratt read into the record the following: Petition consisting of 22 pages, approximately 400 signatures, of Kitsap County residents supporting no docks in the channel. A letter from Wayne and Gerry Perret expressifig their thanks for the Planning Commission efforts regarding this issue. A letter from the Suquamish Tribe supporting no docks or piers in the channel. Chairman Stone declared a ten-minute recess. Chairman Stone called the meeting back to order. Commissioner Dingfield thanked everyone for his or her patience and participation in this process. Asked for clarification if both resolutions would be going to City Council along with the Commissioner recommendation? Chairman Stone responded that was not his understanding. Commissioner Dingfield stated this has been an extremely difficult decision weighing personal property rights with those of the community. Does not support docks and piers in the channel. Has concerns with the environment and safety. Commissioner Boyd stated her concerns with the Public Trust. Feels that because of the narrowness of the channel it would interfere with navigation creating safety hazards. Does not support docks and piers in the channel. We need to look to the future. Commissioner Hancock stated he had safety concerns with the channel. Supports no docks or piers in the channel. Feels if you allow one dock, more will come. Consideration of others is important. Commissioner Adams feels that State Fisheries isn't always as "balanced" as they should be on issues when it comes to science versus the politics of an issue. Supports no docks or piers in the channel. Docks are not very pleasing and could effect property values. PAGE -5- Commissioner Olsen stated that there are rules and regulations that effect all property owners. Feels a decision has to be made and will vote to prohibit docks and piers in the channel. Commissioner Robinson stated he was hoping to find a compromise on this issue and has been unable to come up with one. Have concerns with all of the issues mentioned; safety, environment, public trust, etc. All land use issues require balancing the public and private sector. Does not support docks or piers in the channel. Chairman Stone stated he is convinced that there are navigational hazards created by docks in the channel. There are no exact answers to all of the issues addressed, scientific or factual. Feels that docks in the channel would'have a major esthetic impact. Does not support docks in the channel. Commissioner Dingfield thanked Mrs. Waibel for the job she has done on the minutes, stating they are representative of what has been said. Motion by Commissioner Dingfield that all of the information presented along with the Commission's unanimous recommendation to urge the City Council to prohibit the building of docks and piers in the Oyster Bay Channel. Seconded by Commissioner Boyd Donald Pratt requested that the resolution be read into the record with any corrections or changes. Commissioner Dingfield also moved that we pass along the resolution to the Bremerton City Council. (Read the resolution into the record with the following addition "Whereas the Bremerton Planning Commission makes the following findings..." Seconded by Commissioner Boyd. Question called Adams, yes; Hancock, yes; Dingfield, yes; Olsen, yes; Boyd, yes; Robinson, yes; Stone, yes. Motion passei Old Business Chairman Stone discussed the Planning Commissioners involvement in various projects. Commissioner Dingfield stated she has begun on the Manette Study and that it is going to be dependent on the Block Grant. Donald Pratt stated they requested $42,000.00 and ended up with $10,000.00. The study going forward is dependent on budget discussions this week. PAGE -6- Commissioner Robinson asked if there has been any input fi.om the Mayor on replacements on the Commission? Donald Pratt indicated that he would have that discussion with the Mayor. Chairman Stone encouraged anyone with recommendations for the Commission to forward them to the Mayor. Meeting Adjourned. Respectfully Submitted: Mar~lyn Waib'el, Secretary Approved for disbursement: ~rry S~'o-n~, I~airman APPROVED PLANNING COMMISSION MEETING OCTOBER 21, 1997 The October 21, 1997 Planning Commission minutes were approved as presented at the November 18, 1997 meeting with the following correction: Chairman Stone stated that on Page 3, Gerry Perret is a Madrona Point resident. Motion by Commissioner Boyd and seconded by Commissioner Adams to approve the minutes as amended. Motion passes unanimously. Respectfully Submitted: Marginal. ~ai[el, Recording Secretary AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE VACATING UNOPENED STREETS IN THE PLAT OF PORT ORCHARD AND PLAT OF CHARLESTON BY OPERATION OF LAW FOR AGENDA OF: December 30, 1997 ORIGINATING DEPT: Executive ~ ORIGINATOR: Ian R. Siever~/ City Attorney~ DATE SUBMITTED: December 23, 1997 2. , CLEARANCES: (Comment on back if necessary) DIRECTOR OF PUBLIC WORKS & U~ILITIES 3. EXHIBITS: -Legal description -Vicinity Map COUNCIL COMMITTEE ENDORSEMENT ~ INFO~TION [] APPROVED BY COUNCIL~ESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~~~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTIQN: The ordinance vacates by operation of law of a portion of the alley abutting Lafayette north of Porter to allow property maintenance by the abutting owner. This alley was included in a 1994 survey of unopened rights-of-way subject to vacation by operation of law. All other right-of-way fragments in the vicinity subject to vacation by operation of law are proposed for vacation by this ordinance to encourage private maintenance and development, return property to the tax roles, and save administrative processing of repeated requests in the future. These vacations are outside the acquisition area for the SE 304 Transportation Improvements Project. 8. RECOMMENDATION: Approve proposed Ordinance No. Pass proposed Ordinance No. on first reading. on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COM~ENTS: 5. IMPACT OF NON-PASSAGE: Additional staff time will be required to complete the vacations on a parcel by parcel basis. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OT~RR RESOURCES: None. 7. RE SEARCH SOURCE S: PORTER1.AB - Agenda Disk - 12/22/97 ORDINANCE NO. AN ORDINANCE vacating portions of Porter Street, Hartford Ave., Farragut St. and alleys within Blocks 3, 5, 6, 8, 9, 10, 12, 13, 14 and 15, all within the Plat &Port Orchard, WIqEREAS, it appeared from City records that certain right-of-way further described herein should be vacated by operation of law; and WHEREAS, the City Council passed Resolution No. 2635 initiating vacation pursuant to RCW 35.79.010 and setting a hearing date for said vacation; and WHEREAS, the hearing was duly noticed to abutting property owners and posted according to RCW 35.79.020 and written protests fi.om fifty percent or more of abutting owners have not been filed with the City; and WHEREAS, the City Council following a public hearing held December 30, 1997 finds that portions of Porter Street, Hartford Ave., Farragut St. and alleys within Blocks 3, 5, 6, 8, 9, 10, 12, 13, 14 and 15, within the Plat of Port Orchard, as recorded in Vol 1, pages 96 and 97 and in the Plat of Charleston, as recorded in Vol 2, pages 16 and 17, of Plats, Kitsap County, Washington were dedicated as part ora plat recorded in unincorporated Kitsap County prior to 1904 and were neither opened for public use nor incorporated into the City of Bremerton prior to 1909, and should be vacated by operation of law; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following fights-of-way should be and are hereby vacated, one-half of each fight-of-way as originally platted to each abutting property owner: SEE ATTACHED EXHIBIT "A" Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective Date. This ordinance shall become effective ten (10) days fi.om passage and publication. APPROVED by the City Council of the City of Bremerton this __ day of December, 1997. // PORTER1.ORD - Disk 2 - 12/22/97 1 PASSED by the City Council of the City of Bremerton this ~ day of January, 1998. DAVID FARR, Council President APPROVED this ~ day of December, 1997. LYNN HORTON, Mayor ATTEST: KATHLEEN MeCLUSKEY, City Clerk PORTER1.ORD - Disk 2 - 12/22/97 EXHIBIT "A" The south ½ of the alley abutting lots 1 thru 4, in Block 15 ALSO The alley running east and west abutting lot 9, in Block 14 ALSO The alley running east and west abutting lot 9, in Block 13 ALSO The alley running north and south, abutting lots 9 thru 26 and the alley running east and west abutting lots 1 thru 4, Block 12 ALSO The north ½ of Farragut Ave abutting lots 1 thru 4, inBlock 15 ALSO All of the alleys in Block 9 ALSO Hartford Street from the south margin of Farragut Ave to the south line of the east west alley, in Block 9 ALSO The alley running east and west in Block 10, except that portion previously vacated ALSO The south ½ of Porter Ave abutting lot 13, in Block 5 ALSO The west 110 feet of Porter Ave abutting Block 3 and 8 ALSO The alley running east and west abutting lot 26, in Block 3. ALL IN THE PLAT OF PORT ORCHARD, AS RECORDED IN VOLUME 1, PAGES 96 AND 97, OF PLATS, KITSAP COUNTY, WASHINGTON. The alley running east and west abutting lot 12, Block 23 ALSO The alley running east and west in Block 25. ALL IN THE PLAT OF CHARLESTON, AS RECORDED IN VOLUME 2, PAGES 16 AND 17, OF PLATS, KITSAP COUNTY, WASHINGTON. AGENDA BILL BREMERTON CITY COUNCIL 1. StIBJECT: FOR AGENDA OF: December 30, 1997/~ . ORIGINATING DEPT: Executive f~// ORDINANCE VACATING D, E, F, G, ORIGINATOR: Ian R. Sievers~ AND H STREETS WEST OF SR3, AND BAYVIEW City Attorney BETWEEN C A/~D E STREETS DATE SUBMITTED: December 23, 1997 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: -Legal description -Vicinity Map C~We~z~ ¢o~- /~-0©-77 COUNCIL COMMITTEE ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~f~. ~L-/ COUNCIL PRESIDENT~~~ 7~~ 4. $%~MMARY STATE~NT AND REQUIREMENT FOR COUNCIL ACTION: The ordinance vacates D, E, F, G, and H Streets west of SR3 and Bayview Avenue between C and E Streets. The City is owner of all property abutting these rights- of-way. 8. RECOMMENDATION: Approve proposed Ordinance No. Pass proposed Ordinance No. on first reading. on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] QQUNQIL DIRECTIVE: (OVER) 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT QR QTHER RESOURCES: None. 7. RE SEARCH SOURCE S: W-HILLS.AB - Agenda Disk - 12/22/97 ORDINANCE NO. AN ORDINANCE vacating those portions of D, E, F, G, and H Streets west of SR3 and east of Oyster Bay Ave., and Bayview Ave. between C Street and E Street. WHEREAS, the City Council passed Resolution No. 2636 initiating vacation pursuant to RCW 35.79.010 and setting a heating date for said vacation; and WHEREAS, the City is the owner of all property abutting right-of-ways proposed for vacation herein; and WHEREAS, a hearing was duly noticed to abutting property owners and posted according to RCW 35.79.020 and written protests fi-om fifty percent or more of abutting owners have not been filed with the City; and WHEREAS, the City Council following a public hearing held December 30, 1997 finds that those portions of D, E, F, G, and H Streets west of SR3 and east of Oyster Bay Ave, and Bayview Ave between C Street and E Street are not needed for present or future traffic circulation; now, therefore, TIlE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following rights-of-way should be and are hereby vacated: SEE ATTACHED EXHIBIT "A" Section 2. Reservation of Easements. Easements are reserved for all public utilities which have been established within the rights-of-way subject to this vacation ordinance. Section 3. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day of December, 1997. PASSED by the City Council of the City of Bremerton this day of January, 1998. DAVID FARR, Council President // // W-HILL$.ORD - Disk 2 - 12/22/97 APPROVED this day of December, 1997. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk W-HILLS.ORD - Disk 2 - 12/22/97 2 UO!~DOOA pasodoJd EXHIBIT "A" D Street abutting Blocks 28 and 25, E Street abutting Blocks 25 and 24, F Street abutting Blocks 24 and 21, G Street abutting Blocks 21 and 20, H Street abutting Blocks 20and 14, and Bayview Drive within Blocks 28 and 25; Plat of Bremerton Heights as per plat recorded in Volume 3 of Plats, page 41, Records of Kitsap County, Washington. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: DECLARATION OF SURPLUS PROPERTY WITHIN BLOCKS 14, 20, 21, 22, 23, 25, AND 28, PLAT OF BREMERTON HEIGHTS. 2. CLE~RAN~E~ (Comment on back if necessary) DIRECTOR OF PUB~C~WORKS & UTILITIES COUNCIL COMMITTEE ENDORSEMENT ~ I~?TION [] MAYOR~ )~. ~ - FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: December 30, 1997 Executive . Ian R. Siever~~/ City AttorneY~ DATE SUBMITTED: December 15, 1997 3. EXHIBITS: -Legal description -Vicinity Map DISCUSSED AT STUDY SESSION ON 12/15/97 APPROVED BY COUNCIL~~BMITTAL: COUNCIL PRESIDENT ~ ~~ 4. SUMMARy STATEMENT AND REOUIREMENT FOR QOUNQIL AQTION: Title to the parcels in the area north of KC" Street to Werner Road and west of SR3 to Oyster Bay Avenue were acquired through negotiated sale and condemnation under Ordinance No. 4533 as part of the City's recent treatment plant odor mitigation program. This acquisition was intended to establish a nonresidential buffer in an area most likely to be impacted by the treatment plant and to acquire property for future plant expansion. The property south of KC" Street is reserved for plant expansion. It is proposed that the balance of property, as described in Exhibit "A" and depicted in the attached vicinity map, be surplused as a single parcel, and Requests for Proposal be solicited which best meet the following criteria: 1) Compatibility of proposed use with the industrial impacts of the City treatment plant; 2) Maximization of disposition proceeds to reimburse the wastewater utility; 3) Maximization of long term property, sales and B&O tax revenues; and 4) Strengthening of the Bremerton business environment. Offers will be evaluated and presented to Council for approval of a purchase and sale agreement with the best bidder. 8. RECOMMENDATION: Motion declaring the property described in Exhibit "A" as surplus, directing the Mayor to have prepared appraisal, and Request for Proposals for sale by sealed proposals to that bidder best meeting the above criteria of sale and offering not less than 90% of appraised value. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE QF AQTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: /)¥ CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Loss of revenue to general fund; property remains off tax rolls and unused. Loss of operating capital to Wastewater Fund. 6. IMPACT ON STAFFING. BUDGETS~ FACILITIES. EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: Surplusl.Ab - Agenda Disk - 12/15/97 2~ EXHIBIT Blocks 14, 20, 21, 24, 25 and 28, Plat of Bremerton Heights, as per plat recorded in Volume 3 of Plats, page 41, Records of Kitsap County, Washington. Lot 22, Block 28, Plat of Bremerton Heights, as per plat recorded in Volume 3 of Plats, page 41, Records of Kitsap County, Washington; Except that portion conveyed to the State of Washington under Auditors File No. 991125. Lots 12 and 23, Block 25.~- Plat of Bremerton Heights, except that portion conveyed to the State of Washington for highway purposes under Auditor's File No. 1000761; and except the north 10 feet of said Lot 12, as per plat recorded in Volume 3 of Plats, page 41, Records of Kitsap County, Washington. Bremerton Heights (1203 Bayview): Lots 11 and 12, Block 28, Bremerton Heights, according to the Plat recorded in Volume 3, 41; Page Except that portion of above property taken for State highway. Lot 23, Block 28, Bremerton Heights, according to Plat recorded in Volume 3, page 41, records of Kitsap County, Washington; Except that portion of above property taken for State highway. Lot 24, Block 28, Bremerton Heights, according to Plat Recorded in Volume 3, page 41, Records of Kitsap County, Washington; Except that portion of above property taken for State highway. 1l? 0"18 ~131SA0 ~00 gO0 ~ 0 MOOq8