HomeMy WebLinkAbout05/15/96 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
MAY 15, 1996
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. #AB96-094
Minutes - May 1, 1996
Resolution #2545, Setting Hearing Date Of
June 5, 1996, On Formation Of A L.I.D. For
Jenner Avenue Sidewalk Improvements
Ce
Resolution 92546, Setting Hearing Date Of
June 12, 1996 - Kitsap Lake Sewer Final
Assessment Roll For U.L.I.D. #327
Resolution #2547, Setting Hearing Date Of
June 12, 1996 - Wheaton Way Sewer Final
Assessment Roll For L.I.D. #328
#AB96-096
#AB96-097 ~
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (comments Limited to 3 Minutes)
NEW BUSINESS
A. Wastewater Treatment Plant Control And
Dechlorination Project (V4215, V4217)
Amendments To Consultant Services Agreement
With R. W. Beck
(CONTINUED NEXT PAGE)
#AB96-098
RESOLUTIONS
A. Resolution #2548, Accepting Centennial Clean
Water Fund Loan (No. L9600021) For
Callow Avenue Basin CSO Reduction Project,
Priority 1, Phase 2 Construction
#AB96-099
ORDIN]tNCES
A. Ordinance (First Reading) Amending The 1996
Budget (Budget Adjustments #96-0 through 96-12)
Ordinance (First Reading), Amendment To
B.M.C. Chapter 1310 - Municipal Tree Ordinance
#AB96-100 ~ ~
10.
PUBLIC HEARING - 6:00 P.M. OR LATER
A. Public Hearing and Ordinance (First Reading)
Street Vacation/6th, 5th And Veneta Alley;
Applicant: Star Of The Sea Parish
Public Hearing And Ordinance (First Reading) #AB96-103
Amendment To city-wide Official Zoning Map
That Is Consistent With The Comprehensive Plan
And That Meets Growth Management Act Requirements
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: MINUTES - MAY 1, 1996
FOR AGEND~ OF: May 15, 1996
ORIGINATING DEPT: .City Council
ORIGINATOR: 3ohn Law, President
DATE SUBMITTED: 5-7-96
2. C~A3LANCES: (comment on back
if necessary)
3. EXHIBITS:
ENDORSEMENT__ INFOR/~3%TION
MAYOR
APPROVED BY COLINCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT ~z~~ ~~
4. SUMMA3~¥ STATEMENT AND REQUIREMENT FOR,'COUNCIL ACTION:
8. ~ECOM}4ENDATION:
9.-RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:'
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE
AMENDED
11. AGENDA-KILL NO:
TAPE #1375
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MAY 1~ 1996
#0013
#0029
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, May 1, 1996, at 5:30 P.M., with
Council President John Law presiding. Council members present were
Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril
Huff-Menees, Richard Neville, and Lon Overson. Councilman David
Farr was absent. Also present were City Attorney Ian Sievers and
City Clerk Kathy McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Law and Invocation given by Councilman A1 Colvin.
CONSENT AGENDA
A. Minutes -- April 10, 1996
#AB96-087
B. Minutes -- April 17, 1996
#AB96-088
M/S/C/U(Neville/Montgomery) to approve 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.
M/S/C/U(Colvin/Montgomery) on May 1, 1996, the Council does approve
for payment those vouchers included and further described as
follows: 197359 through 197519 in the amount of $228,364.38.
COUNCIL MEMBER REPORTS
Mr. Overson announced Concerts on the Boardwalk will commence July
12 and conclude on August 16. More information will be forthcoming
on the performing groups and specific dates.
Mrs. Huff-Menees reminded everyone of the upcoming Armed Forces
Festival events and the Olympic Torch Run, which will be coming
through Bremerton on May 7. In anticipation of the Torch Run and
Armed Forces Day Parade, a coordinated effort is underway to make
sure the City looks as good as possible. Such activities will
include asking building owners to clean up store fronts, and the
hanging of banners and flower baskets. In addition, sponsors are
being sought to place some flower tub planters on street corners,
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May 1, 1996
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and anyone wishing to get involved with this project can contact
her through the City Council office. Those interested in helping
with the clean up/beautification effort are welcome to attend a
meeting on Thursday, May 2, at 8:30 A.M., at the Old Bank Antiques,
located on Pacific Avenue. It is rumored that CBS news crews will
be in Bremerton filming both the Torch Run and the Armed Forces
activities.
Mr. Montqomer~ reported he attended the Harrison District meeting
on Monday evening, which was well attended and the public provided
a lot of input to City staff towards the development of the
Harrison District Plan. Council will be hearing more on this
subject at future Study Sessions.
Mr. Colvin announced the next District #1 Neighborhood Meeting will
be held May 16, 7:00 P.M., at the Parks and Recreation Center. The
guest speaker at that meeting will be Mayor Horton giving her State
Of The City message. At that meeting written concerns/suggestions
will be given priority. He thanked Mayor Horton for her effort in
getting rid of the Scotch broom at the north end of the Warren
Avenue bridge. He introduced Hoyt Keeney, Dean of Student Services
at Olympic College. Hoyt Keene¥ stated Olympic College has
programs that work with a variety of students, but one of the most
important is the program that works with students of color. The
person holding that position previously left for a promotion and
when they recruited for the position they had in excess of 90
applicants. The College is extremely fortunate to have chosen Mona
Pitre, who was doing multicultural work at Seattle University and
is working on her Masters Degree at the University of Washington.
Mona has a great deal of experience and has jumped into the
activity full speed ahead. They are excited having Mona as part of
Olympic College to work with a student group that they know are
coming to Olympic College in increasing numbers, but as the rest of
the State, they are not finishing college in increasing numbers.
He and Mona will be helping those individuals reach their goals and
maintain with Olympic College until they obtain their degree. Mona
Pitre, Multicultural Affairs Specialist, stated she is pleased and
honored to be introduced to the City Council. She is originally
from Seattle, so Bremerton is a new area for her. Looking at the
work of the Multicultural Center, this is really going to be one
that is student centered in that they are looking to help students
come on board to transition on to the institution. And, helping
them to avail of whatever services are provided, not only within
the Olympic College system, but also within the community, so that
they can persist and then graduate either with a certificate or an
Associate Degree, and perhaps go onto a 4-year institution. She is
pleased to be part of this community and looking at and finding
about a number of resources already available for not only students
of color, but for all students at Olympic College. Mr. Colvin
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concluded his report with a special congratulations to all of the
YWCA Women of Achievement recipients, who were recognized at a
luncheon on April 30.
Mr. Winters echoed the thoughts of Councilman Huff-Menees regarding
the arrival of the Olympic Torch. He noted television coverage has
been given to the Torch Run along the various routes and he also
feels it is important that we put on our "Sunday best" when the
torch comes through Bremerton because we need to shine for many
reasons and most of all for our own self-esteem and pride of our
community. Lastly, he urged those in the community 18 years and
older to please register to vote, so that they can have a voice in
our nation's decisions as well as our community's.
MAYOR~8 REPORT
Mayor Lynn Horton announced three students have been selected to
represent Bremerton as Exchange Students to the City's sister city
in Kure, Japan. The students are: Ethan Lust, Junior, Bremerton
High School; Alfred Montoya, Senior, and Laina Diamond, Junior,
both from Olympic High School. The City is seeking three host
families for three Japanese students, who will arrive July 27 and
depart on August 25. She asked anyone interested in becoming a
host family to please call her office.
Mayor Horton read a Proclamation proclaiming the FIRST WEEK OF MAY,
1996, AS YOUTH WEEK.
Mayor Horton reported as a result of the recent incident at the
Eastside Tavern, several arrests have been made involving the
management of the operation, and their Liquor License has been
pulled by the Liquor Control Board for 30 days, with the
possibility of other repercussions to follow. The City is seeking
all avenues to make sure that kind of occurrence does not happen
again.
Fire Chief Mick McKinley introduced five new Firefighter/Paramedics
- Darren Rivers, Anna Sproles, Joel Wulf, Robert Ashmore, and
Ricardo Valdez. Mayor Horton administered the Oath of Office, and
congratulated each of them on their accomplishments and welcomed
them aboard.
PUBLIC RECOGNITION
Chuck Laubach, Bremerton Central Lions Club, announced the
Bremerton Central Lions Club and Bremerton Rotary Club will co-
sponsor the Armed Forces Parade. He encouraged everyone to attend
the Lions Club Pancake & Oatmeal Breakfast - May 18, starting at
7:00 A.M., on 4th Street.
Emily Mosha¥ reported on Christmas In April activities held April
27, which involved an army of volunteers undertaking various home
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repairs and landscape work on nine homes within Kitsap County.
They are already soliciting applications for the 1997 Christmas In
April program; and applications can be picked up at Mayor Horton's
office or at the Home Builders Association office.
President Law Congratulated Mrs. Moshay and all the other women
selected as one of the YWCA's Women Of Achievement.
Carol Atklnson, Bremerton Main Street Association, talked about the
Olympic Torch Run and the caravan attached to that body. The Torch
Run will travel down 4th Street and then onto the boardwalk prior
to boarding the ferry to Seattle. She extended a special "thank
you" to the USS Rainier for hosting the Bremerton Main Street Board
Of Directors at a dinner aboard ship.
Gina Olds, representing Mothers Against Drunk Drivers (MADD),
shared a letter sent to Sheriff Pat Jones from their current
President Marshal Masters addressing the issue of public drinking
of alcohol in parks, urging the law enforcement agencies to enforce
the no-drinking law for the safety of the public.
Gene Hart reported on Tuesday he attended a conference titled "A
Working Puget Sound - Meeting the Welfare Challenge". On the
surface it may not seem relevant to the City of Bremerton, but in
his view it does have relevance in that we all want the same thing
and that is make Bremerton a better place to live. The information
they received reveals the nonsense continues and that is the
squandering of human resources like the recent incident at the
Eastside Tavern. He presented documentation from that workshop for
Council's review.
7A - BID AWARD RECOMMENDATION FOR KUBOTA TRACTOR FOR~OLD MOUNTAIN
GOLF COURSE MAINTENANCE TO KITSAP FARM AND GARDENt ~]tB96-089
A Call for Bids on one 4-Wheel Drive Kubota Tractor, Model L-2900
GST for Gold Mountain Golf Course was prepared, advertised,
distributed, and received in accordance with accepted Call for Bid
procedures.
Two bids were received. Low bidder was Kitsap Farm & Garden with
a base bid of $13,847.00, plus sales tax of $1,121.61, for a total
cost of $14,968.61.
Pat Westhoff, Parks and Recreation Department, noted the low bid
came in $5,000 under budget. The Kubota is a mid size tractor and
what they call a light weight tractor with muscle. This tractor
has a PTO that runs approximately 20 different pieces of equipment
and after having demonstrations of other tractors available, the
Golf Course staff felt the Kubota was the best of those being
considered. The City currently owns a 1986 Kubota tractor, which
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is still running strong and the compatibility with the other pieces
of equipment make it a good bid.
Public comment - none.
Mr. Neville asked the terms of the tractor warranty? Mr. Westhoff
explained most industrial equipment they purchase for the golf
course come with a one-year warranty. Mr. Neville questioned the
amount of service left in the City's older Kubota tractor? Mr.
Westhoff stated it is anticipated the older Kubota tractor will
last 4-5 more years. He believes Kubota makes a superior tractor
to John Deer. So far they have purchased 22 pieces of equipment
for the Olympic Golf Course, which is the new course, and have
three remaining pieces of equipment to purchase, at a cost of
approximately $800.00 each. He emphasized that once all of the
identified pieces of equipment are purchased, they will still be
under budget.
M/S/C/U(McConnell/Colvin) to approve and accept the purchase of the
Kubota Tractor from Kitsap Farm & Garden for the bid price of
$14,968.61, including sales tax.
7B - DEPARTMENT OF PARKS & RECREATION BUDGET ADJUSTMENT FOR
PLAYGROUND IMPROVEMENTSt #AB96-090
A thorough survey of all Park play areas was recently completed by
the Department of Parks & Recreation Playground Safety Inspector.
The results of this survey identified areas of concern that need
attention in order to bring the play areas into compliance with
National Safety Standards. This adjustment will allow the use of
the savings realized from insurance premiums that came in under
budget, for use on the necessary Playground improvements. It is
expected that these improvements will reduce the potential injury
to children and the related claims and litigation expenses to the
City.
Mayor Lynn Horton explained the Administration has undertaken a
City-wide review of areas of risk in order to reduce claims and
litigations. The Parks and Recreation area is one piece of the
broader spectrum and other areas besides playgrounds being
addressed are: restoring the sea wall at Evergreen Park, rewiring
the Senior Center, and in 1995, the dock at the end of Lebo Field
was refurbished. Those areas were cited in the report provided by
the independent consultant, who reviewed the City's Risk Management
system. In addition, the City has removed trees by Ivy Green
Cemetery because of potential tripping hazards caused by exposed
roots; stairs were removed and replaced at Kiwanis field,
refurbishment of the tennis courts in Manette, exterior lighting
improvements at Jarstad Aquatic Center. The Administration has
also appointed a safety person to review what is being done in
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terms of making sure employees carry out proper procedure on job
sites as well as increased the number of training programs that
promote safety. A Claims and Litigation Review Committee was
established, which has proven to be very beneficial in lowering
claims and litigation costs. The City is undertaking a geological
assessment of Casad Dam and will develop an action plan in the case
of an emergency. Mayor Horton shared the following statistics: in
1995, the City's payoffs in judgement, settlements or litigation
was in the area of $36,000, the year previous was $3,540.000.00.
She noted 3 million dollars of that amount the West Hills lawsuit.
She emphasized all of this effort is saving taxpayers dollars as
well as saving people within the community a lot of pain and
suffering by addressing some of the conditions that might cause an
accident. She wanted Council to have this update report because
she believes staff has been doing a superb job in identifying those
things and trying to be responsive in correcting those issues as
they are discovered.
Jim Spencer, Parks and Recreation Director, thanked the City
Council for appropriating funds in the 1996 budget to allow all of
the improvements pertaining to the Parks Department, as mentioned
by Mayor Horton.
The requested Budget Adjustment of $35,000 is broken into two
components: (1) equipment; and (2) improvements of the fall zone.
Four new toys are being purchased for $25,000, and the $10,000
remaining will be spent on improving fall zone areas under those
toys. The Risk Manager was also thanked for her part in this
process.
Steve Mutek, Service Specialist for the Parks Department, stated he
obtained training in safety as it pertains to playgrounds. As part
of that training, he learned the potential for entrapment, which is
one of the most serious problems that could happen, and that some
of the current fall zones are not adequate.
Public comment - none.
Mr. Winters asked if there are any intentions to sell or give away
and of the old equipment? Mr. Spencer stated no, because there are
problems with the equipment, that is why it is being replaced. Mr.
Winters asked if this is possibly a litigation issue? Mr. Sievers
stated there have been several lawsuits in the past related to
faulty equipment, but those were settled before they went to court.
Mr. Winters stated he brought this issue up for the public so they
would know the City does have pretty good playgrounds and just want
to make them better and a little bit safer.
Mr. Colvin stated he was thankful the Parks Department was being
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pro-active, and taking action on an issue BEFORE litigation.
Mr. Neville clarified that the money identified for this use was
not coming from the Parks's budget, but rather from Risk
Management? Mr. Spencer stated that was correct, in turn insurance
companies will take notice of the improvements, and the City will
receive lower insurance premiums. Mr. Neville thanked Mr. Spencer
for providing this special training for his staff.
Mr. Overson congratulated Parks Department staff and offered
compliments, but questioned the disappearance of swings? Mr.
Spencer stated swings are less desirable, but there will still be
some swings, if fact some are being installed at the park on Arvon.
Swings do require a much larger fall zone, and great care must be
taken when installed.
M/S/C/U(Overson/Winters) to approve Budget Adjustment Request 96-11
for Playground Equipment improvements.
SA - ORDINANCE (FIRST RE~DING) AMENDING THE SELECTION PROCESS,
BENEFITS, AND STARTING COMPENSATION FOR DEPARTMENT HEADS,
MANAGEMENT, AND PROFESSIONAL ST~FF; ~NDAMENDING CHAPTERS 2.49 ~ND
2.50 OF THE BREMERTON MUNICIPAL CODEr #~B96-080
A review of the Management and Professional Staff Compensation
Program has been completed. The proposed ordinance will change the
plan in three areas: 1) Recruitment flexibility; 2) Rate
increases based on satisfactory performance; and 3) Equalize basic
benefits with those received by represented employees. Council
Action is required to amend the Bremerton Municipal Code to
implement these changes.
Jim Melth, Human Resources Manager, stated in regard to recruitment
flexibility the recommended change would no longer make it
necessary to go through a formal recruitment process if a uniquely
qualified individual is already known as a potential candidate for
the position. He cited two instances where that process was used
in the recent past, the hiring of Gene Sampley as Public Works and
Utilities Director, and Jim Spencer as interim Parks and Recreation
Director. This change would make it part of the B.M.C. and using
that option would require the Mayor's recommendation and city
Council approval. The second area of change in recruitment
flexibility is the Mayor may recommend for Council approval
additional hiring benefits beyond those specifically listed in the
B.M.C. Such benefits could include transition relocation expenses,
additional six leave consideration, etc. Such additional benefits
have been granted in past hiring practices.
The second area of change is "rate increases" and what is being
proposed is that before anyone within this plan is eligible for
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their rate increase, they would have to meet expectations for that
position. Those expectations would be based on discussions
identifying what is expected of a particular position and whether
or not those expectations have been achieved over the year.
The third area of change is equalizing benefits with represented
employees, i.e., adding a floating holiday, adding the sick leaYe
retirement payment and adding the payment of sick leave upon death.
Mr. Meith stressed once these changes are made to the Management
and Professional Staff Compensation Plan, it will bring it into a
more viable position and that it does equalize those benefits and
gives some additional flexibility in recruitment.
Mr. OveTson raised a point concerning recommended changes to the
rate structure of the plan. MT. Meith explained the changes being
proposed did not include any change to the rate structure of the
plan. He noted when this item was first brought to the Fiscal and
Budget Committee it did contain a proposal to compress the rate
structure; however, when it was again brought before Committee the
recommendation was to retain the current rate structure.
Public comment - none.
Mr. Overson questioned making significant changes to managements
situation based on benefits negotiated to represented employees on
the concern that the very staff now getting the new benefits
negotiated those benefits to the represented employees? He found
that to be a concerning precedent. MT. Meith explained part of the
management staff do negotiate contracts and something Council
should be aware of when management staff brings a proposal to
Council in regard to a represented unit is the affect it will have
not only for that represented unit but for non-represented and
represented employees. It is a part of the process usually seen
over a period of time where there is some equalizing of benefits
between all groups. The recommended changes have been in the
represented groups' contracts for a period of several years and not
something that has been recently negotiated and now management
staff is coming to Council requesting the same. Based on a review
of the Management Compensation Plan that was undertaken several
months ago, those were the only areas of significant basic benefits
that differed. Mr. Overson stated he endorsed the satisfactory
performance evaluation requirement.
Mr. McConnell referenced Section 2(b) -"To receive an In-Range Rate
Adjustment, the employee must be evaluated as "Meets Expectations"
(or equivalent) on his or her work performance evaluation...". The
term "Meets Expectations" bothered Mr. McConnell since different
people may have different expectations. He asked if written
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standards had been created to measure the employee's performance?
Mr. Melth explained the training the City has instituted and will
continue to stress with city managers and supervisors is that
expectations are arrived at by positions standards, standards that
could be quantified to that employee and that employee should be
well aware of those expectations. There should be discussion
between the managers and their subordinate managers about what is
expected, what is to be achieved within the year, etc. It is an
area that will be subjective, but hopefully that subjectiveness
will be quantified through discussions between the employee and
their supervisor. Mr. McConnell questioned for clarification the
statement: "The adjustment, if in excess of one rate, shall be
determined by recommendation of the Department Head and Mayor, with
the approval of the City Council." Mr. Meith explained anything
over one rate would have to come through the Mayor's office and
before the City Council for their approval. He believed this
element would only be used for some exceptional reason that the
Mayor and Department Head felt additional advancement was
warranted. Mr. McConnell asked if all employees, outside of the
management and professional staff receive payout of their sick
leave upon retirement as well as an additional "floating holiday"?
Mr. Meith stated yes. Mr. McConnell stated he could not support
this proposal as long as it contained the statement "as meets
expectations". Mr. Meith found it difficult to understand how
something could be contained in an ordinance that would apply to 40
different positions as to what those standards would be. He
emphasized managers are trained to take their job descriptions and
classification specification and use them as a basis when
discussing with their employee what they expect in the way of
performance of those duties. Mayor Horton pointed out she is
responsible for evaluating the performance of all department heads
and additionally, everyone under the department heads, who they
review, receives her approval signature on their performance
evaluation. Mr. M¢Connell stated he had no concern as long as
Mayor Horton was in office. He asked the number of people this
proposal would affect. Mayor Horton stated 40.
Mr. ~olvin asked if the City was having a problem keeping employees
because they were not getting raises in pay in a timely manner?
Mr. Meith stated he was not aware of any employees leaving the City
because they had not received a rate increase in a timely manner.
The proposed change would only affect raises for an employee that
did not meet expectations in their performance. Mr. Colvin again
raised the issue if "expectations" were identified in writing? Mr.
Meith explained it is written in the form of their classification,
which details the duties of their position. Since each member of
the management and professional staff basically have a unique job
description, their job description is a standard for that position.
Mr. ~olvin asked what is wrong with the present system that
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requires this change? Mr. Meith stated the present system moves
someone from one rate to another rate based on the fact that was a
step increase for that year of employment. It was felt there
should be some tie between performance and expectation and that
step increase.
Mrs. Huff-Menees stated she was pleased to see the proposed
ordinance and felt it addressed some issues that did needed to be
addressed in the Management and Professional Staff Compensation
Program. She had difficulty understanding Councilman McConnell's
concern over "meets expectations", it is still going to be an
subjective review of one person by another and it exists in any job
classification from any level up and the supervisor of an employee
is making that determination. Mr. Melth stated the reason they
selected the term"meets expectations" was because the current City
evaluation system uses the same term. Mrs. ~uff-Menees stated she
was also pleased to see the flexibility and salary increases based
upon performance and is something that has been lacking and is
critical for employees to have goals to strive for.
Mr. McConnell stated he could support the ordinance if "meets
expectations" was not used. Mrs. Huff-Menees pointed out Council
had been advised that the expectations or standards relate to the
job description.
Mr. Overson asked if all of the 40 people affected had employment
contracts and are at will employees? Mr. Meith stated yes, there
is a provision in each contract that for cause there is no
severance pay and without cause there is a severance pay package.
He believes a merit increase is still warranted with this group
because there may be times when someone, who is an at will
employee, may need a little incentive to get that boost. Mr.
Overson stated Councilman Huff-Menees' point is accurate, it is a
subjective point. In the past, the City did not have the current
contracts and bonus were given out, which later went away. He also
doubted there was any problem as raised by Mr. Colvin's concern
that employees left City employment ~due to lack of timely pay
increase. Mr. McConnell's intent to find an objective way to
assess someone' performance is lost to him; however, Mr. McConnell
could pursue the issue if he so desired.
Mr. Winters stated the step where the Mayor felt strongly about
implementing a rate increase greater than one rate to bring it to
Council for approval clarified the process for him and one he could
support.
M/S/C(Montgomery/Huff-Menees) to approve ordinance on first
reading, amending the confirmation standards, salary, and
compensation plans, work schedules, and leave benefits for
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department heads, management and professional staff; and amending
Chapter 2.49 and 2.50 of the Bremerton Municipal Code.
Vote on motion:
Motion carried.
In Favor: Overson, Neville, Huff-Menees, Law,
Montgomery, Colvin, Winters
Opposed: McConnell
President Law announced Council will hold a Study Session on
Monday, May 6, 1996, 5:30 - 7:20 P.M., in the Council Conference
Room.
With no further business meeting adjourned at 7:00 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
JOHN E. LAW, Council President
City of Bremerton
KLM/JL/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:
Jenner Avenue Sidewalk Improvements.
Resolution #~5q5 Hearing Date on Formation of a LID
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
Director, Public Works/Utilities {/
Cay Attorney
City Treasurer
Budget & Finance Committee /k;Sb'3,.,.~-,_ . _
Operations Committee
May 15, 1996
Public Works/Utilities
R. Witt, City Engineer
May 2, 1996
EXHIBITS
a) LID Boundary Map
b) Summary of Petition Signatures
c) Resolution Fixing the Heating on Forming
the LID
ENDORSEMENT )4' INFOR~,MMFION
APPROVED BY COUNCIL PRESIDENT FOR SUBMITrAL:
COUNC.. PP S O m
4. SUMMARY STATEMENT AND KEQUIREMENT FOR COUNCIL ACTION:
The City has received a petition requesting formation of a Local Improvement District (LID) to fund construction of
curb and gutter, sidewalk and storm drainage. Attached is a summary of the petition signatures and lid boundary map.
The action before the City Council is the establishment of a heating date regarding formation of the LID along the
West side of Jenner Avenue.
8. RECOMMENDATION:
That the City Council adopt the attached resolution (Resolution ~,~Fzxing June 5, 1996 as the hearing date for
the Jenner Avenue Local Improvement District.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
N/A
10. NOTICE OF ACTION
PULLED__ TABLED ~ APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE
DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
IMPACT ON NON-PASSAGE:
The Jenner Avenue sidewalk improvemems will not be funded through a Local Improvement District.
will either be totally City funded or not constructed.
Thus it
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Setting the hearing date has no impact on staffing facilities or budgets.
7. RESEARCH SOURCES
A)
B)
Outline of Local Improvement District Procedure in Washington Cities July, 1988, Foster, Pepper &
Shefelman.
RCW 35.43.130-150; 35.43.125
96317
JENNER LID
SUMMARY OF PETITION SIGNATURES
FirstName LastName Sent to City Regarding Tax Lot Number LID
Formation
Wayne Manchester 7410 Lazy S LN NE Bremerton, WA 2419-21 Jenner 3915-000-010-0006
98310 Ave, Bremerton,
WA 98310
Richard Hersey 2423-25 Jenner Ave Bremerton, WA 2423-25 Jenner 3968-004-009-0403 yes
98310 Ave, Bremerton,
WA 98310
Joseph Palmer 2427-29 Jenner Ave Bremerton, WA 2427-29 Jenner 3968-004-009-0304 yes
98310 Ave, Bremerton,
WA 98310
Windemere (Deballi) 65 Marion St, Suite 301 Seattle, WA 2433-35 Jenner 3968-004-009-0205 yes
Property 98104 Ave, Bremerton,
WA 98310
Amos & Gordon 12121 Wallingford P! NW Silverdale, WA 2437-2439 Jenner 3968-004-009-0106
Diane 98383 Ave, Bremerton,
WA 98310
Ben & Zlateff 6058 Osprey Circle Bremerton, WA 2441-2443 Jenner 3968-004-009-0007 yes
Carol 98312 Ave, Bremerton,
WA 98310
96296M
5/7/96
/
St.
LID JENNER AVENUE TAX LOT NUMBER ' 1 ~-~
(D 24.19/21 3915-000-010-0006I ~
- ~ 2423/25 3968-~4-009-0403
~ 2427/29 3968-~4-009-0304
~ 2433/35 3968-~4-009-0205
~ 2437/39 396S-~4-OO9-O10S
/
~ 24~1/~5 3968-004-009-0007 ~
SCALE Cl~ OF BREMERTON JENNER AVENUE
& UTILITIES ~ ~ LID BOUNDRY AREA
PLOT ENQINEERINQ DIVISION
DRAWING NO. DRAWN BY: S. JANKOWSKI DESIGN BY: CHECKED BY: SHE~
DATE DATE. DATE 1 OF 1
LID JENNER AVENUE TAX LOT NUMBER
(D 24.19/21 5915-000-010-0006
<~> 2423/25 3968-004-009-04.03
<~> 2427/29 3968-004.-009-0504
~ 24.33/35 $968-004.-009-0205
<~> 2437/59 5968-004.-009-0106
~> 24.4.1/4.3 3968-004-009-0007
RESOLUTION NO.
RESOLUTION declaring the Bremerton City Council's intention to establish a
Local Improvement District for Jenner Avenue Sidewalk Improvement Project and
setting a hearing date for June 5, 1996
WHEREAS, it is in the public interest to provide curb and gutter and sidewalk on
portions of Jenner Avenue between 2443 Jenner Avenue and 2419 Jenner Avenue to be
accomplished by the Jenner Avenue Sidewalk Improvement Project;
BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON:
That it is the intention of the City Council of Bremerton to order the improvement
o~ portions of Jenner Avenue be accomplished by the Jenner Avenue Sidewalk
Project together with the doing of any and all other work in connection therewith
as may be necessary to make such improvement a complete job, all in accordance
with the plans and specifications on file in the Office of the City Engineer of the
City of Bremerton, reference to which is hereby made for further particulars.
The Engineering design costs are estimated to be $1,000 and will come from the
Engineer Division budget. The total estimated construction cost and expense of
the improvements is declared to be $10,400 of which an estimated $2,000 of that
cost shall be paid by the City Stormwater Utility fund and the remainder thereof to
be borne by and assessed against the property specially benefited by the
improvements to be included in a local improvement district to be established
embracing as nearly as practicable all the property specially benefited by the
improvements, in accordance with City Policy//1-17. Actual assessments may
vary from estimated assessments as long as they do not exceed a figure equal to
the increased true and fair value the improvement adds to the property.
That the City Engineer of the City of Bremerton is hereby directed to certify to the
City Council at or prior to the date fixed for hearing protests to said
improvements, a description of the boundaries of the district, the estimated cost
and expense of such improvement, and a statement of the proportional amount
thereof which should be borne by the property within the proposed assessment
district, and a statement of the aggregate assessed value of the real estate,
exclusive of improvements, within such proposed district according to the
valuation last placed upon it for the purpose of a general taxation, together with
the estimated amount of the cost and expense of such improvements to be borne
by the lots, tracts, or parcels of the land or other property which shall be specially
benefited thereby. The City Engineer is also to submit a diagram or print showing
thereon the lots, tracts, and parcels of land and other property which will be
specially benefited by the proposed improvement and the estimated amount of the
cost and expense thereof to be borne by each lot tract or parcel of land or other
property. However, such diagram will not be required where such estimates are
Jetmer Ave LID
96331
t7
on file in the Office of the City Engineer, together with a detailed copy of the
preliminary assessment roll and the plans and assessment maps of the proposed
improvement.
That the City Clerk is hereby directed to give notice of the date of such heating to
each owner or reputed owner of any and all lots, tracts, or parcels of land or other
property specially benefited by the improvement by mailing to the owner or
reputed owner of the property as shown on the tax rolls of the County Assessor, at
the address shown thereon, to include the nature of the proposed improvement, the
total estimated costs. Notice must state the estimated benefits of the particular lot,
tract, or parcel and that actual assessments may vary from estimates so long as
they do not exceed a figure equal to the increased true and fair value the
improvement adds to the property.
The City Clerk is hereby authorized and directed to publish a copy of this
Resolution in the official newspaper of the City of Bremerton for at least two
successive issues, the first issue to be at least fifteen (15) days prior to the date
herein fixed for said hearing, and said publication, together with the mailing of the
notices hereinabove provided to the owners or reputed owners of the lots, tracts,
or parcels of land included in such improvement as hereinabove set forth, at least
fifteen (15) days before the date for such heating shall be due and legal notice to all
concerned in said improvements.
That all persons who may desire to object thereto are hereby notified to appear and
present such objections at a meeting of the City Council to be held at City Council
Chambers, City Hall in Bremerton, on the 5th day of June, 1996, at 6:00 p.m. or
later, which time and place is hereby set for hearing of matters relating to said
improvements and all objections thereto.
PASSED by the City Council of the City of Bremerton this day of__
, 1996.
ATTEST:
JOHN LAW
Council President
KATHLEEN L. McCLUSKEY, Clerk
Jetmer Ave I,ID
96331
AGENDA BILL
BREMERTON CITY COUNCIL
1. ~ RESOLUTION NO.JS~
SETTING JUNE 12, 1996 AS THE HEARING
DATE FOR U.L.I.D. 327 - KITSAP LAKE
SEWERFINAL. /~SSESSMENT__ ROLL
2. C~ARA~:~ (Comment on back
~~ necessary)
City Attorney
FOR AGENDA OF: May 15, 1996
ORIGINATING DEPT: Public Works & Util
ORIGINATOR: R. Witt, City Eng.
DATE SUBMITTED: May 6, 1996
Resolution establishing
the hearing date
Council Operations Committee
Council Fiscal & Budget Committee
ENDORSEMENT ~ ~N~ORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~,~-.-"-~~-/:--' COUNCIL PRESIDENT '.~/~/..,,/--~,.,./ /~~",,A,~"
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
At the City Council meeting of March 16, 1994 Ordinance 4450 was passed by City
Council establishing U.L.I.D. No. 327 for the extension of sanitary sewer on
Kitsap Lake Road and Northlake Way. The project has been completed and the
final assessment roll has been prepared. The action before the City Council is
a resolution setting June 12, 1996 as the hearing date on the final assessment
role.
5. RECOMMENDATION~
The City Council adopted Resolution No. ~9/~ setting June
hearing on the final assessment role for U.L.I.D. 327.
12, 1996 as the
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE~
10. NOTICE OF ACTION
APPROVED [] DISAPPROVED []
AMENDED []
(OVER)
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS
3. SUMMARY STATEMENT AND REOUIREM~NT FOR COUNCIL ACTION - Continuatiou
5. IMPACT ON NON-PASSAGE:
The assessments to the property owners will not be collected and the City will
fund the entire project.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT AND OTHER RESOURCES:
~: No Impact.
Budget: No Impact.
Facilities/Equipment:
No impact.
7. RESEARCH SOURCES:
RESOLUTION NO. ,7.5'~/~
A RESOLUTION setting a date and time for the hearing upon the assessment roll for
Utility Local Improvement District 327, and directing the issuance of said heating by mail
and publication.
WHEREAS, an ordinance providing for the extension of sanitary sewer in Northlake
Way and Kitsap Lake Road and establishing Utility Local Improvement District 327 has been
passed by the City Council; and
WHEREAS, the assessment roll for Local Improvement District 327 providing for the
assessments for said improvements has been filed with the City Clerk of the City of Bremerton;
now, therefore,
BE IT RESOLVED by the City Council of the City of Bremcrton:
That the 12th day of June, 1996 at 6:00 p.m. or after of said day at the Council Chambers,
City Hall, Bremerton, Washington, be and the same is hereby fixed at thc time and place of the
heating upon said assessment roll and that any person who desires to object thereto must make
their objections in writing and file them with the City Clerk at or prior to the date set for hearing.
That the time and place fixed for hearing and at times which the heating may be adiourned, the
Council will sit as a board of equalization for the purpose of considering the roll and the City
Council will consider the objections made and will correct, revise, raise, lower, change or modify
the roll or any part thereof or set aside the roll and order the assessment to be made de novo.
BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby directed and
authorized to give notice of the time and place of said heating by publishing notice of hearing at
least once a week for two consecutive weeks in the official newspaper of the City of Bremerton,
the last publication to be at least fifteen (15)days before the date fixed for hearing. The City Clerk
shall further give notice of said hearing by mailing a notice at least fifteen (15) days prior to said
hearing to the owners or reputed owners of the different properties whose names appear upon
1
said assessment roll at the address of such owners as described on the tax rolls of the County
Treasurer for each property described on the list.
PASSED by the City Council of the City of Bremerton this
day of , 1996.
ATTEST:
JOHN LAW
Council President
KATHLEEN L. MCCLUSKEY, Clerk
96340
2
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION NO.~5~
SETTING JUNE 12, 1996 AS THE HEARING
DATE FOR L>~.D. 328 - WHEATEN WAY
2. C~EAKA~CES~.-~ (Comment on back
~~ if necessary)
D ire~o~~==~g~.~f~ P~TT~orks & Utilities
City ~ttorney
Cit~y~?~su~ ./]~
Coun_ci~ Operations Committee
Counc~i~ Fiscal & Budget Committee
FOR AGENDA OF: May 15, 1996 ~..~,%
ORIGINATING DEPT: Public Works & Util
_
ORIGINATOR: R. Witt, City Eng
DATE SUBMITTED: May 6, 1996
Resolution establishing
the hearing date
ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~.~ -~ 'Y~/-~ COUNCIL PRESIDENT /~~ ~/~
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION~
At the City Council meeting of May 11, 1994, Ordinance 4460 was passed by City
Council establishing L.I.D. No. 328 for the extension of sanitary sewer on
Wheaten Way. The project has been completed and the final assessment roll has
been prepared. The action before the City Council is a resolution setting June
12, 1996 as the hearing date on the final assessment role.
5. RECOMMENDATION:
The City Council adopted Resolution No. ~9/~ setting June 12, 1996 as the
hearing on the final assessment role for L.I.D. 328.
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE~
10. NOTICE OF ACTION
APPROVED [] DISAPPROVED £]
AMENDED []
(OVER)
11.
AGENDA BILL NO.:
D
2. CLEARANCE COMMENTS: --
3. SLR4MARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuati~
5. IMPACT ON NON-PASSAGE:
The assessments to the property owners will not be collected and the City will
fund the entire project.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPM~NT AND OT~R RESOURCES:
~: No Impact.
Budget: No Impact.
Facilities/Equipment:
No impact.
7. RESEARCH SOURCES:
RESOLUTION NO. ~,7,3-q~7
A RESOLUTION setting a date and time for the hearing upon the assessment roll for
Local Improvement District 328, and directing the issuance of said heating by mail and
publication.
WHEREAS, an ordinance providing for the extension of sanitary sewer in Wheaton Way
and establishing Local Improvement District 328 has been passed by the City Council; and
WHEREAS, the assessment roll for Local Improvement District 328 providing for the
assessments for said improvements has been filed with the City Clerk of the City of Bremerton;
now, therefore,
BE IT RESOLVED by the City Council of the City of Bremerton:
That the 12th day of June, 1996 at 6:00 p.m. or after of said day at the Council Chambers,
City Hall, Bremerton, Washington, be and the same is hereby fixed at the time and place of the
hearing upon said assessment roll and that any person who desires to object thereto must make
their objections in writing and file them with the City Clerk at or prior to the date set for hearing.
That the time and place fixed for heating and at times which the hearing may be adjourned, the
Council will sit as a board of equalization for the purpose of considering the roll and the City
Council will consider the objections made and will correct, revise, raise, lower, change or modify
the roll or any part thereof or set aside the roll and order the assessment to be made de novo.
BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby directed and
authorized to give notice of the time and place of said hearing by publishing notice of hearing at
least once a week for two consecutive weeks in the official newspaper of the City of Bremerton,
the last publication to be at least fifteen (15)days before the date fixed for heating. The City Clerk
shall further give notice of said hearing by mailing a notice at least fifteen (15) days prior to said
heating to the owners or reputed owners of the different properties whose names appear upon
said assessment roll at the address of such owners as described on the tax rolls of the County
Treasurer for each property described on the list.
PASSED by the City Council of the City of Bremerton this
__ day of ,1996.
ATTEST:
JOHN LAW
Council President
KATHLEEN L. MCCLUSKEY, Clerk
96339
2
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF:
WWTP Odor Comrol and Dechlorination Project (V4215, ORIGINATING DEPT:
V4217) Amendments to Consultant Services Agreemem ORIGINATOR:
with R.W. Beck. DATE SUBMITTED:
2. CLEARANCES: (comment on ba~ 3.
May 15, 1996
Public Works/Utilities
K Witt, City_ En~neert~_x__O~'
May_ 1, 1996
EXHIBITS
Director, Public Works/Utilities
City Attorney
City Treasurer
Budget & Finance Committee
Operations Committee
a) Amendments 5, 6 and 7
ENDORSEMENT 3/ INFOP, glVfATION APPROVED BY COUNCIL PRESIDENT FOR SUBM[JTAL:
MAYOR C~.~.--7-'-v~~*' g--I- COUNCIL PRESIDENT
"4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City contracted with R.W. Beck to provide engineering design and construction assistance on the Wastewater Treatment Plant
odor comrol and de, chlorination project. The City has negotiated 3 amendments addressing design, construction, and regulatory'
issues:
ti5 - Final Design; additional bidding assistance, additional plan and specification printing, preparation of a facility plan and
preparation of project construction schedule ($25,544.0 l)
t/6 - Construction Assistance; additional construction assistance due to 12 month construction time (originally anticipatcd 9
months), additional submittal reviews and an increase in start-up assistance, parts inventory and post consm~ction assistance
($135,860.71)
#7 - One year certification of dechiorination facilities - review system and provide documentation to DOE as required by
WAC. ($17,000.00)
The revised not-to-exceed amount of the Professional Services Agreement x~/th R.W. Beck mil be $2,043,545.87. Staff
recommends approval of the mendments.
8.RECOMMENDATION:
That the City Council authorize and direct the Mayor to execute amendments number 5, 6 and 7 to the Professional Ser~4ces Agreement with
R.W. Beck for engineering services on the Wastewater Treatment Plant Odor Control and Dechlorinafion Project
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
N/A
PULLED TABLED
COUNCIL DIRECTIVE
10.
APPROVED
N I~CTION
DISAPPROVED
AMENDED
DATE:
11. AGENDA BILL NO: q~2-O ~
CLEARANCE COMMENTS:
IMPACT ON NON-PAS SAGE:
R.W. Beck staff will not be available to provide engineering services on this contract. City staff will be
required to pick up this work, which will disrupt other ongoing work and break the continuity of project
management.
o
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The project budget has adequate funding for the amendments. However, the estimated 1995 carryover was
Iow, and the 1996 budget has an allowance of $1,265,000 of which $200,000 is set aside for professional
services. The 1996 budget will be adjusted as part of the Departmem mid-year budget adjustment in July to
allocate the unspent 1995 project funds to the 1996 project budget.
7. RESEARCH SOURCES
96320
AMENDMENT NO. 5
AMENDED PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT amends the "PROFESSIONAL SERVICES AGREEMENT" for the
WWTP Odor Control Improvements between the City of Bremerton and R. W. BECK, INC.
approved by the Bremerton City Council on May 18, 1994.
WITNESSETH:
Final Engineering Design
The referenced Agreement is hereby amended to include the extra work items described as
follows:
Subtasks I-4.7 and II-3.7 Provide Bidding Assistance for the wastewater treatment plant
and pump station and air relief stations - During contract amendment number 3
negotiations, it was assumed that the original budget allowance for assistance during
the bidding phase for both contracts would be adequate. The increase in work was a
result of a larger contract document package, consisting of twice the number of plan
sheets was experienced. As a result, there were more questions and clarifications
required than expected. The amount of this additional work is not-to-exceed $4,000.00.
Subtasks 1-5 and II-3 Deliverables of Plans and Specifications - Provides additional sets
of the plans and specifications for the wastewater treatment plant and pump station
and air relief stations contracts. The amount of this work is not-to-exceed $3,891.28.
Subtask I-5.2 Develop and Evaluate Alternatives - The Department of Ecology (DOE)
determined that an addendum to the facility plan was not adequate. Therefore, an
engineering report to meet (DOE's) requirements for grant eligibility for construction
funds was prepared. The level of effort required for preparation of an engineering
report was significantly greater than for an addendum to the facility plan. The amount
of this work is not-to-exceed $15,745.35.
Task III-5 Other Additional Services - To verify that the odor control improvements
could be constructed and operational by January 1, 1995, a detailed construction activity
schedule which showed that it was possible for the improvements to be constructed and
operational by the deadline set out in the consent decree was prepared. The amount of
this work is not-to-exceed $1,907.38.
The total not-to-exceed amount of this amendment is $25,544.01 and the revised
not-to-exceed amount for the Professional Services Agreement is $1,890,685.16.
The remaining terms of the Professional Services Agreement not inconsistent with this
Amendment shall remain in full force and effect.
(o:WENS~F106.doc)
IN WITNESS WHEREOF
indicated.
R. W. BECK, INC.
APPROVED:
Virgil G. Meedel~ Director of Operatiom
CITY O~ BREMERTON
AP?ROVED:
the parties hereto executed this Agreement the date and year
ATTEST:
Lynn Horton, Mayor
Date:
DE OVAL:
W. Eugene Sample~
Director of Public Works and Utilities
Date:
Kathleen McCluskey, Clerk
Date:
APPROVED AS TO FORM:
Ian R. Sievers,
City Attomey
Da te:
(o:'&-'ENSKE~LF106.d oc)
2
AMENDMENT NO. 6
AMENDED PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT amends the "PROFESSIONAL SERVICES AGREEMENT" for the
WWTP Odor Control Improvements between the City of Bremerton and R. W. BECK
approved by the Bremerton City Council on May 18, 1994.
W1TNESSETH:
Phase IV Construction Administration
The reference Agreement is hereby amended to extend the duration of Phase IV
Construction Administration services from 9 to 13 months (June 1, 1995, through
June 30,1996) due to the construction contractor's utilization of the full allottment of
360 calendar days, plus an estimated additional 35 days to complete construction. This
amendment also addresses a more intensive effort reviewing submittals than originally
anticipated.
A budget estimate increasing the not-to-exceed amount of $495,604 for Phase IV services by
$119,473, for a revised amount of $615,077, is made part of this Agreement. This budget
estimate is based on actual cost of services through February 29, 1996, plus a forecast of
services from March 1 through June 30,1996, as shown below:
Original Budget Revised Budget
Task Amount Change Amount
1. Project Management $26,249 ($3,037) $23,212
2. Construction
Administration $307,045 $76,502 $383,547
3. Construction
Observation $99,983 $46,008 $145,991
- Sub Consultants $62,327 $0 $62,327
Total: $495,604 $119,473 $615,077
R. W. Beck shall not be required to provide services in excess of the budget estimate amount
unless additional funding is provided by the City.
Spare Parts Support
R. W. Beck will assist the City in obtaining the following additional spare parts for PLC-
505 series controllers at discounted price from Cascade Controls and Electric Supply:
O:~HUFNAGELX~ZH2AS.DOC
Description
1. 5056660 AC POWER SUPPLY
2. 545-1102 CPU with 1920 KB USER ME
3. 5054216A 79-132 VAC INPUT CARD, 16 POINT
4. 5054208A 79-132 VAC INPUT CARD, 8 POINT
5. 5054908 AC/DC RELAY OUTPUT CARD, 8 POINT
6. 5054808 85-265 VAC OUTPUT CARD, 8 POINT 2 AMP
7. 5054632 20-132 VAC OUTPUT CARD
8. 5056108A ANALOG INPUT CARD, 8 POINT
9. 5056208A ANALOG OUTPUT CARD, 8 POINT
10. 5056204 ANALOG OUTPUT CARD, 4 POINT
Price
$377.78
$1,906.13
$339.83
$208.73
$288.94
$288.94
$657.23
$599.44
$1,177.31
$543.38
Total $6,387.71
The cost of the listed items includes a nominal business markup to cover R. W. Beck's costs
for processing the order and B&O tax.
Phase V Post Construction Support
The reference Agreement is hereby amended to add Phase V Post Construction Support
services which shall include on-call assistance and support for plant operations and
maintenance as the City may request. Examples of such services might include trouble
shooting plant operational problems, recalibration of equipment, coordination with the
construction contractor and equipment vendors to obtain warranty services and
technical support, design of miscellaneous plant modifications to improve operational
performance, and a one-year warranty inspection. The duration of Phase V services
shall be one year from the date of final completion and acceptance of the work of the
construction contractor.
A budget allowance of $10,000 is established to fund on-call services. Any residual funds
remaining after completion of all services under Phase IV may be used to supplement
the funding of services under Phase V. Before undertaking each specific requested
assignment, R. W. Beck will provide the City with a detailed cost estimate for that
assignment and obtain the City's authorization to proceed.
The total not-to-exceed amount of this amendment is $135,860.71, and the revised not-to-
exceed amount for the Professional Services Agreement is $2,026,545.87.
The remaining terms of the Professional Services Agreement not inconsistent with this
Amendment shall remain in full force and effect.
O:XI-flJFNAG EL~KRH2~.DOC
2
IN. WITNESS WHEREOF the parties hereto executed this Agreement the date and year
indicated.
R. W. BECK, INC.
APPROVED:
Virgil G. Md~del, Director of Operations
Date: ~ ~! !~'¢
crr oF BRE RTON
APPROVED:
ATTEST:
Lynn Horton, Mayor
Date:
Kathleen McCluskey, Clerk
Date:
Director of Public Works and Utilities
Date: ~///q/q ~'
APPROVED AS TO FORM:
Ian R. Sievers,
City Attorney
Date:
ONHUFNAGEL~tH2~.DOC
5/1/96
3
AMENDMENT NO. 7
AMENDED PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT amends the "PROFESSIONAL SERVICES AGREEMENT" for the
WWTP Odor Control Improvements between the City of Bremerton and R. W. BECK
approved by the Bremerton City Council on May 18, 1994.
WITNESSETH:
Phase VI Certification of Dechlorination Facilities
The reference Agreement is hereby amended to add Phase VI Certification of
Dechlorination Facilities as described hereinafter.
BACKGROUND/PURPOSE
The Dechlorination Facilities were constructed in part with a Centennial Clean Water Fund
grant from the Department of Ecology. One of the Depatttnent of Ecology's grant
requirements is for the design engineer to certify the facilities. The requirements are
generally outlined in the Department of Ecology's document entitled Guidelines: State One-
Year Certification Program for Wastewater Treatment Projects.
INFORMATION AND ASSISTANCE PROVIDED BY CITY
The City will provide the following information or assistance to the Consultant to facilitate
the certification of the Dechlorination Facilities.
· Water Quality Testing
· Monthly Monitoring and Data Reports
· Monthly Summaries of System Performance
SCOPE AND BUDGET
Meeting the Depathnent of Ecology's requirements will entail the following:
1. Site Visits and meeting with plant personnel.
2. Development of testing, monitoring and evaluation program.
3. Preparation and submittal of documentation to the Depm-tment of Ecology which
outlines the performance standards, operational assistance/training/documentation,
proposed performance testing and monitoring program and the approach to be used
to evaluate the performance of the dechlorination system.
4. Compiling and analyzing data.
5. Preparation and submittal of a brief report, on a quarterly basis for a period of one
year to the Department of Ecology, which discusses and evaluates the dechlorination
system's performance. The last report is to include a summary of the previous
reports.
O:h~ELLY~,RAK098.DOC
1
6. Meeting with Ecology.
7. Assistance with system operation/troubleshooting.
The following is a not-to-exceed estimate of tasks, hours and costs involved to perform the
above generally described work:
Description Eng-PM Eng-Staff Clerical
Hrs. Hrs. Hrs. Cost
Develop Testing, Monitoring & Evaluation
Program with Plant Personnel 8
Prepare documentation to Department of Ecology 4
Prepare Quarterly Reports (4)
Site Visit/Meet with plant Personnel
Re. Operation & Collect Data (4 visits) 32
Compile and Analyze Data (4x) 16
Prepare Report & Cover Letter (4x) 36
Meeting w/Ecology, including Meeting 8
Minutes (1)
Assist with System OperatiowTroubleshooting 2.4
(6 hours/quarter)
Project Administration 4
Expenses (Travel, Communication,
Copies, etc.)
Computer (Engineer Hours @ $2.50)
Total 132
1 $ 760
I $ 400
$ 2,880
52 $ 4,560
8 8 $ 4,040
$ 720
$ 2,160
6 $ 600
$ 400
$ 480
60 16 $17,000
The following is a breakdown of the above costs on a cost plus fixed fee basis:
Direct Salary Costs:
Direct Salary Cost
Overhead Cost
(including payroll additives)
Subtotal
Net Fee
Subtotal
$ 5,191
170.00% $ 8,826
15%
$14,017
$ 2,103
$16,120
Direct Non-Salary Costs:
a. Travel & Per Diem
b. Reproduction Expenses
c. Computer Expenses
d. Communication Expenses
e. Outside Consultants
f. Other - Costs a, b, c, d
See above
See above
See above
See above
NA
$880
Grand Total $17,000
This work will be invoiced in a cost plus fixed fee format.
O:'~GiLLY'~098.DOC
2
SCHEDULE
The schedule shall be from March 1996 to March 1997.
The revised not-to-exceed amount of this Amendment is $17,000, and the not-to-exceed
amount for the Professional Services Agreement is $2,043,545.87.
The remaining terms of the Professional Services Agreement not inconsistent with this
Amendment shall remain in full force and effect.
IN wITNEss WHEREOF the parties hereto executed this Agreement the date and year
indicated.
R. W. BECK, INC.
APPROVED:
Date:.,
CITY OF BREMERTON
APPROVED: ATTEST:
Lynn Horton, Mayor
Date:
Kathleen McCluskey, Clerk
Date:
DE PA~~ROVAL:..
W. Eugene Sampley,
Director of ??lic/W0rks and Utilities
APPROVED AS TO FORM:
lan R. Sievers,
City Attorney
Da te:
O:~ELLY~a, K098.DOC
5/3/96
3
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION ~2548
Callow Ave. Basin CSO Reduction Project; Priority 1,
Phase 2 Construction, Acceptance of Centennial Clean
Water Fund Loan (No. L9600021)
2. CLEARANCES: (comment on back if ~f/~/)~ 3.
Dkector, Public Works/Utilities
City Attorney
City Treasurer
Budget & Finance Committee
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
May 15, 1996
Public Works/Ut'dities ,4.
R. Witt, City. Eng/neer_J'~*~,~.~
DATE SUBMITTED: May 1, 1996
EXHIBITS
A. Resolution #
B. Loan Agreement
ENDORSEMENTx INFORMATION . APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL:
MAYOR ~ jv,,~_4~<~. ~ ;t~./~_ COUNCIL PRESIDENT ~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUN(}IL ACTION:
The City applied for and received a Centennial Clean Water Fund (CCWF) loan in the amount up to $2,500,000 for
construction of the Callow Avenue Basin CSO Reduction Project, Priority 1, Phase 2 (or Phase 2 in the application)
improvements. The loan is to be paid back over 5 years with no interest. The attached Resolution accepts the loan and
authorizes the Mayor to sign all documents relative to the loan.
8. RECOMMENDATION:
That the City Council pass the attached Resolution #o~'4/fi~ accepting the loan and authorize the Mayor to sign all
documents relative to the loan.
PULLED TABLED APPROVED
COUNCIL DIRECTIVE
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
City Eng. & Treas
N/A
N/A
10. NOTICE OF ACTION
DISAPPROVED
AMENDED
DATE:
11. AGENDA BILL NO: q0 -Oq ?
27
2. CLEARANCE COMMENTS:
~
IMPACT ON NON-PASSAGE:
The loan funds will not be available for City use and other funding will be required to perform this work.
o
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQLrI?~ OR OTHER RESOURCES:
None.
7. RESEARCH SOURCES
96295
RESOLUTION NO. ,-frot'4/B
A RESOLUTION authorizing the Mayor to sign all applications,
agreements and amendments, and other documents relating to
Centennial Clean Water Fund Loan documents, for the Callow Ave Basin
CSO Separation Phase 2 Project (CCWF Loan No. 960002 I)
WHEREAS, the City of Bremerton developed a plan for and is undertaking a program of
construction relating to Combined Sewer Overflow (CSO) Reduction in the Callow Avenue Basin and,
WltEREAS, for the City of Bremerton such project being necessary to address the needs of
the area and to protect the health, safety, and well being of the people; and,
WltEREAS, the plan was developed in accordance with the requirements of WAC 173-245,
and sets forth facilities required to be constructed to serve the needs of the area; and,
WIIEREAS, the construction costs of the Callow Avenue Basin CSO Separation Project,
Phase 2 facilities in accordance with the plan are eligible for State funding;
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
BREMERTON THE MAYOR CONCURRING:
SECTION 1: The Mayor is duly authorized to sign applications, loan agreements and
amendments, and other documems relating to Callow Avenue Basin CSO Separation Phase 2, Project
Construction Loan.
Passed this
__ day of May, 1996, by the City Council of the City of Bremerton
Approved this
day of May, 1996.
John Law, President
Bremerton City Council
ATTEST:
Lynn S. Horton, Mayor
Kathleen McCluskey, City Clerk
Approved as to form:
lan Sievers, City Attorney
CITY OF BREMERTON
WASTEWATER UTILITY
COST OF FUNDS COMPARISON CCWF LOAN vs REVENUE BONDS
YEAR
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
CCWF LOAN *
REVENUE NPV
BOND** SAVINGS SAVINGS***
500,000
500,000
500,000
500,000
500,000
141,250
141,250
141,250
141,250
141,250
141,250
141 250
141 250
141 250
141 250
141 250
141 250
141 250
2,641,250
141,250
141,250
(358,750)
(358,750)
(358,750)
(358,750)
(358,750)
141,250
141,250
141,250
141,250
141,250
141,250
2,641,250
141,250
137,136
(338,156)
(328,307)
(318,745)
(309,461)
(300,447)
114.849
111504
108 256
105 103
102 042
99 070
1,798,563
TOTAL ~ ~ 1.977.500
* CCWF Loan in the amount of $2,500,000 is level principle, zero interest for 5 yrs.
** Assumes revenue bonds would have been "wrapped around" existing bonds;
$2,500,000 at 5.65% 2008.
*** Future savings discounted at 3%.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P.O. Box 47600 * Olympia, Washington 98504-7600 · (206) 407-6000 · TDD Only (Hearing Impaired) (206) 407-6006
April 15, 1996
Randy Witt
City Engineer
City of Bremert0n
239 4th Avenue
Bremerton, WA 98337
RECEIVED
APR ! 6 1996
CI'IY OF BRF...MERTON ENGINEERS
Re:
Centennial Clean Water Fund FY96 Fund
Callow Avenue Basin CSO Separation - Phase 2
Loan Agreement No. L9600021
Dear Mr. Witt:
Enclosed are three unsigned copies of the Centennial Clean Water
Fund Loan Agreement between the Department of Ecology and the city
of Bremerton for the Callow Avenue Basin CSO Separation - Phase 2
project.
Please review the agreement carefully. If the city finds it
acceptable, please have the mayor sign all three copies. As a
reminder, Bremerton's legal counsel needs to sign page 15 of all
three copies as well. Once both of these signatures have been
obtained, please return all three copies to me, along with three
copies of the city's resolution authorizing this loan (as
referenced on page 3, Part III. A. After our program manager signs
these, one copy will be returned to you for your file, along with
the forms for requesting reimbursements.
If you have any questions, please feel free to call me at (306)
407-6549.
Sincerely,
Karen M. Beatty~
Financial Manager
Water Quality Program
KMB
Enclosures
cc:
Bernard Jones, Ecology/NWRO/WQP
Loan File
CENTENNIAL CLEAN WATER FUND
LOAN AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
CITY OF BREMERTON
THIS is a binding loan agreement entered into by and between the state
of Washington, Department of Ecology, hereinafter referred to as the
"DEPARTMENT" and the city of Bremerton, hereinafter referred to as the
"RECIPIENT." The purpose of this agreement, hereinafter referred to as
this "Agreement," is to provide funds to the RECIPIENT to carry out the
activities described herein.
GENERAL INFORMATION
Project Title:
Callow Avenue Basin CSO Separation -
Phase 2
Loan Number:
L9600021
RECIPIENT Name and Address:
City of Bremerton
239 4th Avenue
Bremerton, WA 98337
RECIPIENT Representative
and Telephone Number:
Randy Witt, City Engineer
(360) 478-5348
RECIPIENT Federal ID Number: 91-6001231
DEPARTMENT Address:
Washington State Department of Ecology
Water Quality Program
P.o. Box 47600
Olympia, WA 98504-7600
DEPARTMENT Project Manager
and Telephone Number:
Bernard Jones
(206) 649-7146
DEPARTMENT Financial Manager Karen M. Beatty
and Telephone Number: (360) 407-6549
DEPARTMENT Funding Source:
Centennial Clean Water Fund
Total Project Cost
Total Eligible Project Cost
LOAN AMOUNT
$5t344,000
$5,344,000
$2,500,000
Subject to all of the terms, provisions, and conditions of this
Agreement, and subject to the availability of state funds, the
DEPARTMENT will loan the sum of two million five hundred thousand
dollars ($2,500,000), herein referred to as the Loan Amount, to the
RECIPIENT. (The final loan amount may vary according to the terms
herein, depending upon disbursements and accrued interest.)
City of Bremerton __
Callow Avenue Basin CSO
Separation - Phase Z Project
Loan No. L9600021
Interest Rate:
Term of Loan=
The interest rate shall be 0 percent per annum.
The term of the loan shall be 5 years.
The effective date of this Agreement shall be the date this Agreement
is signed by the DEPARTMENT's authorized signatory. Any work performed
prior to the effective date of this Agreement without prior written
authorization will be at the sole expense and risk of the RECIPIENT.
This Agreement shall remain in effect until the date of final repayment
of this loan, unless terminated earlier according to the provisions
herein.
Any changes, additions, and/or deletions in Scope of Work shall require
prior approval by letter from the DEPARTMENT. Scope of Work does not
denote eligible components. It is for the purpose of describing the
Project to be constructed.
TABLE OF CONTENTS
PART I.
PART II.
PART III.
PART IV.
PART V.
PART VI.
PART VII.
PART VI I I.
PART IX.
PART X.
PART XI.
PART XII.
PART XIII.
PART XIV.
Page
PROJECT DESCRIPTION ............. 3
PROJECT BUDGET ............... 3
AUTHORITY .................. 3
REPAYMENT AND SECURITY PLEDGE ........ 4
RECIPIENT'S COVENANTS AND AGREEMENTS .... 5
PROJECT COMPLETION SCHEDULE ......... 7
DISBURSEMENTS ................ 7
REPAYMENTS ................. 8
LOAN DEFAULT ................ 9
SCOPE OF WORK ................ 10
SPECIAL TERMS AND CONDITIONS ........ 12
INCORPORATION OF DOCUMENTS ......... 14
ALL WRITINGS CONTAINED HEREIN ........ 14
OPINION OF LEGAL COUNSEL .......... 15
SIGNATURE PAGE ............... 16
ATTACHMENT 1. DEFINITIONS
ATTACHMENT 2. GENERAL TERMS AND CONDITIONS PERTAINING TO
GRANT AND LOAN AGREEMENTS
ATTACHMENT 3. LOAN REPAYMENT SCHEDULE
ATTACHMENT 4. AUTHORIZING RESOLUTION
Page 2 of 16
City of Bremerton ~-
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
PART I. PROJECT DESCRIPTION
This project includes installation of 12" through 84" diameter storm
sewer pipe, manholes, two cast-in-place concrete transition structures,
catch basin, traffic control, temporary sewer diversion, surface
restoration, erosion control, dual 3' X 6' box culvets, an 84" outfall
to Sinclair Inlet, 6" and 12" water main, 24" and 27" sewer pipe, sewer
and water service connections, and catch basin connections.
PART II. PROJECT BUDGET
Task Elements
Total
Eligible
Total Project CCWF
Project Cost Cost Loan
A. Administration $ 10,000 $ 10,000 $ 10,000
B. Project Inspection 187,650 187,650 187,650
C. Interceptor Line 3,751,350 3,751,350 2,302,350
E. Contingencies 452,000 452,000 -0-
F. Disposal of Contaminated
Soils 900,000 900,000 -0-
G. Sales Tax 10,000 10,000 -0-
H. city Work 33,000 33,000 -0-
Total Cost
$5,344,000
$5,344,000 $2,500,000*
Source and Type of Funds for the Project. Federal/State/Local
CCWF LOAN (47%)
PWTF LOAN (53%)
$2,500,000*
$2,844,000
Total .100% $5,344,000
*Loan ceiling amount
PART III. AUTHORITY
Am
Be
This loan is authorized by the RECIPIENT pursuant to the
Constitution and laws of the state of Washington, and laws
amendatory thereof and supplemental thereto, and the RECIPIENT'S
authority and as evidenced by the attached duly adopted Resolution
(Attachment 4).
The RECIPIENT warrants the following:
.It is a duly formed and legally existing political
subdivision of the state of Washington and has full corporate
power and authority to execute, deliver, and perform its
obligations under this Agreement.
Page 3 of 16
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase Z Projeot
Loan No. L9600021
There is no material adverse information relating to the
Project or this Agreement known to RECIPIENT, which has not
been disclosed in writing to the DEPARTMENT.
No litigation is now pending or, to the RECIPIENT'S
knowledge, threatened, seeking to restrain or enjoin the
execution of this Agreement, or the fixing or collection of
the revenues,, rates, and charges pledged to pay the principal
and interest on the Loan, or in any manner questioning the
proceedings and authority under which the Loan is authorized,
and neither the corporate existence or boundaries of the
RECIPIENT nor the title of the present officers to their
respective offices is being contested, and that no authority
or proceeding for the execution of this Agreement has been
repealed, revoked, or rescinded.
This obligation does not constitute a general obligation debt
of the RECIPIENT or the state of Washington.
So
It has exercised due regard for Maintenance and Operation
Expense and the debt service requirements of the Senior Lien
Obligations and other outstanding obligations pledging the
Gross Revenues of the Utility, and that it has not obligated
the RECIPIENT to set aside and pay into the Loan Fund a
greater amount of the Gross Revenues of the Utility than in
its judgement will be available over and above such
Maintenance and Operation Expense and the debt service
requirements of the Senior Lien Obligations and other
obligations of the Utility.
PART IV. REPAYMENT AND SECURITY PLEDGE
Nature of RECIPIENT'S Obligation· The obligation of the RECIPIENT
to make the loan payments from the sources identified herein and.
to perform and observe the other obligations on its part contained
herein shall be absolute and unconditional, and shall not be
subject to diminution by setoff, counterclaim, or abatement of any
kind.
B. Utility System Repayment and Debt Parity
Pledge of Net Revenues. Payment of this Loan shall be
secured by the Net Revenues of the Utility and such Net
Revenues are irrevocably pledged to the payment of the
principal of and interest on this Loan. The RECIPIENT may,
however, repay any portion of this Loan from any other funds
Page 4 of 16
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
legally available to it for repayment. So long as the
DEPARTMENT shall hold this Loan, the RECIPIENT shall not be
entitled to, and shall not effect, an economic defeasance or
advance refunding of this Loan.
Lien Position. This Loan shall constitute a lien and charge
upon the Net Revenues of the Utility prior and superior to
any other charges whatsoever, except that the lien and charge
upon such Net Revenue shall be junior and subordinate to the
lien and charge upon such Net Revenues of any Senior Lien
Obligations.
PART V. RECIPIENT'S COVENANTS ~ND AGREEMENTS
Acceptance· The RECIPIENT accepts and agrees to comply with all
terms, provisions, conditions, and commitments of this Agreement,
including all incorporated documents, and to fulfill all
assurances, declarations, representations, and commitments made
by the RECIPIENT in its application, accompanying documents and
communications filed in support of its request for a loan.
Bo
Accounts and Records. The RECIPIENT will keep proper and separate
accounts and records in which complete and separate entries shall
be made of all transactions relating to this Agreement.
Ce
Time of Essence. Time is of the essence and all terms and
conditions shall be of the essence of this Agreement.
Do
Execution in Several Counterparts. This Agreement may be executed
in counterparts and each such counterpart shall for all purposes
be deemed to be an original, and all such counterparts, or as many
of them as the RECIPIENT and the DEPARTMENT shall preserve
undestroyed, shall together constitute but one and the same
instrument.
Except that all proposed amendments to this Agreement must be
affirmed in writing by the DEPARTMENT before the amendment shall
become part of this Agreement.
Oral Aqreements or Oral Commitments. This Agreement cannot be
altered, amended, or discharged by any oral agreement or oral
commitment.
Fe
Alteration of Project. During construction and until this Loan
is repaid or so long as this Agreement remains in effect, the
RECIPIENT shall not materially alter the design or structural
character of the Project without the written approval of the
DEPARTMENT and shall take no action which would adversely affect
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase Z Project
Loan No. L9600021
the eligibility of the Project as a Centennial Clean Water Fund
Project under Chapter 70.146 RCW, or cause a violation of any
covenant, condition, or provision herein.
Ge
Debt Service Coverage Ratio· The RECIPIENT covenants to
establish, maintain, and collect such rates and charges for water
and sanitary sewage disposal service so long as the Loan is
outstanding which will make available for the payment of the
principal of and interest on such loan and the principal of and
interest on any Senior Lien Obligations as the same accrue, an
amount of net revenues equal to at least the Coverage Requirement.
He
Collection of ULID Assessments. Ail ULID Assessments shall be
paid into the Loan Fund and used to pay the principal of and
interest on the Loan, except that ULID Assessments may be
deposited into the Reserve Account to satisfy the Reserve
Requirement.
me
Maintenance of Utility. The RECIPIENT will at all times maintain
and keep the sewer system in good repair, working order, and
condition and also will at all times operate the sewer system and
the business in connection therewith in an efficient manner and at
a reasonable cost.
Je
Sale or Disposal of Utility. The RECIPIENT will not sell,
transfer, or otherwise dispose of any of the works, plant,
properties, facilities, or other part of the Utility or any real
or personal property comprising a part of the Utility unless:
The facilities or property transferred are not material to
the operation of the Utility, or shall have become
unserviceable, inadequate, obsolete, or unfit to be used in
the operation of the Utility or are no longer necessary,
material, or useful to the operation of the Utility; or
The aggregate depreciated cost value of the facilities or
property being transferred in any ~iscal year comprises no
more than three (3) percent of the total assets of the
Utility; or
The RECIPIENT receives from the transferee an amount equal to
an amount which will be in the same proportion to the net
amount of Senior Lien Obligations and this Loan then out-
standing (defined as the total amount outstanding less the
amount of cash and investments in the bond and loan funds
securing such debt) as the Gross Revenue of the Utility from
the portion of the Utility sold or disposed of for the
preceding year bears to the total Gross Revenue for that
period.
Page 6 of 16
city of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
Ke
The proceeds of any transfer under this subparagraph shall be
used (a) to redeem promptly, or irrevocably set aside for the
redemption of Senior Lien Obligations and to redeem the Loan,
and/or (b) to provide for part of the cost of additions to
and betterments and extensions of the Utility.
Free Service. The RECIPIENT will not furnish sanitary sewage
disposal service to any customer free of charge if providing that
free service will affect the RECIPIENT'S ability to meet the
obligations of this agreement.
Maintenance of Insurance. The RECIPIENT will at all times carry
fire and extended coverage, .public liability and property damage,
and such other forms of insurance with responsible insurers and
with policies payable to the RECIPIENT on such of ~he buildings,
equipment, works, plants, facilities, and properties of the
Utility as are ordinarily carried by municipal or privately owned
utilities engaged in the operation of like systems, and against
such claims for damages as are ordinarily carried by municipal or
privately owned utilities engaged in the operation of like
systems, or it will self-insure or will participate in an
insurance pool or pools with reserves adequate, in the reasonable
judgement of the RECIPIENT, to protect the Utility against loss.
PART VI. PROJECT COMPLETION SCHEDULE
The RECIPIENT agrees to complete the Project in accordance with
the following schedule. In the event that the schedule is not
complied with, and after a thirty-day (30) grace period, the
DEPARTMENT, after due notice to the RECIPIENT, may withdraw the
loan and demand any outstanding balance of principal and interest
be paid immediately. Any changes to this schedule must be
effected through a formal loan amendment.
Construction Start Date
(Date in Notice to Proceed)
Project Completion Date
Initiation of Operation Date
July 31, 1996
November 30, 1997
December 31, 1997
PART VII. DISBURSEMENTS
Certification. Each request by the RECIPIENT for disbursement
shall constitute a certification by the RECIPIENT to the effect
that all representations made in this Agreement remain true as of
the date of the request and that no adverse developments,
affecting the financial condition of the RECIPIENT or its ability
to complete the Project or to repay the loan plus any accrued
interest, have occurred since the date of this Agreement unless
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
specifically disclosed in writing by the RECIPIENT in the request
for disbursement.
Be
Accrued Interest. If applicable, interest will begin to accrue on
each disbursement from the date that the warrant is mailed to the
RECIPIENT.
PART VIII.
REPAYMENTS
Ae
Final RePayment Schedule. When the project has been fully
completed or the Initiation of Operation date has occurred (if
appropriate) and if earlier than the Project Completion Date, the
DEPARTMENT and RECIPIENT will execute an agreement amendment,
which details the final loan amount, and the DEPARTMENT will
prepare a final loan repayment schedule. The final loan amount
will be the combined total of actual disbursements and all accrued
interest, if any.
Semiannual payments. Notwithstanding any other provision of this
Agreement, the first semiannual payment of principal and any
interest due on this loan shall be paid not later than one year
after Initiation of Operation, or five years from the first
disbursement, whichever is earlier. Equal payments shall be due
every six months after this first payment due date.
A formal amendment is required to change the amount of the
semiannual principal and interest payments. The RECIPIENT will
continue to make semiannual payments based on the loan agreement
as amended.
Payments are to be mailed to:
Department of Ecology
Cashiering Section
P.O. Box 5128
Lacey, WA 98509-5128
Prepayment of Loan. So long as the DEPARTMENT shall hold this
Loan, the RECIPIENT may prepay, the entire unpaid principal
balance and accrued interest of the Loan, or any portion of the
remaining unpaid principal balance of the Loan. Any prepayments
of any portion of the unpaid principal balance of the Loan will be
applied first to any accrued interest due, and then to the
outstanding principal balance. If the RECIPIENT elects to prepay
for the entire remaining unpaid balance and accrued interest, the
RECIPIENT shall give the DEPARTMENT notice in writing, at least
thirty days prior to the prepayment date.
Page 8 of 16
City of Bremerton
Callow Avenue Basin
Separation - Phase a Project
Loan No. L9600021
Ee
Fe
Late Payments. If any amount of principal and or interest payable
to the DEPARTMENT pursuant to this agreement remains unpaid after
it becomes due and payable, interest shall accrue at the rate of
one (1) percent per month on the amount of such delinquent pay-
ments from and after the due date until it is paid in full, and
the RECIPIENT hereby agrees to pay such interest; Provided, that
no such interest shall be charged to or be payable by the
RECIPIENT under this article unless such delinquency continues for
more than thirty (30) days. Nothing in this provision affects the
DEPARTMENT'S default rights reserved in this agreement.
phased or Segmented Pro~ects. If the Project has been phased or
segmented, the provisions for repayment shall apply to the
completion of the individual phases or segments.
Proiect Refinanoinq. If the RECIPIENT refinances this Project or
obtains any grant or loan to finance the Project additional to
those listed 'in Part II without the written consent of the
DEPARTMENT, the DEPARTMENT may declare a breach of this Agreement
and may declare any unpaid loan principal and interest immediately
due and payable. In such a case, any grant or loan obtained by
the RECIPIENT to finance or refinance the Project shall be used to
repay the RECIPIENT'S obligations to the DEPARTMENT under this
Agreement unless the DEPARTMENT finds, in its sole discretion,
that repayment from the additional grant(s) or loan(s) would not
be in the public interest.
Reserve Fund. For revenue secured loans with terms greater than
five (5) years, the RECIPIENT must accumulate a Reserve Fund
equivalent to at least the Average Annual Debt Service on the Loan
[plus an Emergency Repair and Replacement Fund Reserve Requirement
equivalent to one half of the Average Annual Dept Service], during
the first six (6) years of the repayment period of the Loan.
These funds shall be deposited in the Reserve Account in
approximately equal annual payments commencing within one year
after the Initiation of Operation or the Project Completion Date,
whichever comes first.
PART IX. LOAN DEFAULT
The RECIPIENT will be in default of its obligations under this
agreement when any loan repayment becomes sixty (60) days past due
or when any provision of this agreement is not executed in full.
Be
In the event of a default, including a declaration of a default by
the DEPARTMENT, the DEPARTMENT may cease making further
disbursements under this Agreement and may declare the principal
and interest on the loan immediately due and payable.
Page 9 of 16
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
In the event of default, any state funds otherwise due to the
RECIPIENT may be withheld and applied to the indebtedness.
The state of Washington reserves the right to take any action it
deems necessary to collect the amounts due or to become due, or to
enforce the performance and observance of any obligation by the
RECIPIENT of this Agreement.
Ee
In any action to enforce the provisions of this Agreement,
reasonable fees and expenses of attorneys and other reasonable
expenses (including without limitation, the reasonably allocated
costs of legal staff) shall be awarded to the prevailing party as
that term is defined in RCW 4.84.330.
PART X. SCOPE OF WORK
The RECIPIENT certifies by signing this Agreement that all negotiated
interlocal agreements necessary for the Project are, or will be,
consistent with the terms of this Agreement'and Chapter 39.34 RCW
Interlocal Cooperation Act. The RECIPIENT shall submit a copy of each
interlocal agreement to the DEPARTMENT.
The RECIPIENT certifies by signing this Agreement that Chapter 39.80
RCW Contracts for Architectural and Engineering Services has been met
in selecting qualified architectural/engineering services. The
RECIPIENT shall identify and separate eligible and ineligible costs in
the final negotiated agreement and submit a copy of this Agreement to
the DEPARTMENT.
Task I - Project Adminlstratlon/Managemene
ae
The RECIPIENT shall administer this project. Project
administration shall include, but not be limited to, maintenance
of project records, submittal of fiscal forms and payment
vouchers, certification of statutory compliance with procurement
and interlocal agreement requirements, and attainment of all
required permits, licenses, easements, or property rights
necessary for the Project.
The RECIPIENT shall manage this project. These activities shall
include, but not be limited to conducting, coordinating, and
scheduling of all project activities, quality control, and the
preparation and submittal of required performance items.
The RECIPIENT shall ensure that every effort will be made to
maintain effective communication with the RECIPIENT's designees,
the DEPARTMENT, all affected local, state, or federal juris-
dictions, or any interested individuals or groups. The RECIPIENT
shall carry out this Project in accordance to the Project Schedule
· outlined in this Agreement.
Page 10 of 16
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
The RECIPIENT shall submit all invoice requests and progress
reports to the Financial Manager of the DEPARTMENT at the
following address:
Financial Management Section
Water Quality Program
Washington Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Ail other correspondence and document submittals should be
addressed to the Project Manager located at:
Water Quality Program
Department of Ecology
3190 - 160th Avenue S.E.
Bellevue, WA 98008-5452
Required Performance:
Effective a~ministration and management of this loan project.
Submittal of all required performance items, progress
reports, financial vouchers, and maintenance of all project
records.
Completion of all project requirements by December 31, 1997.
Task 2 - Construction
ae
The RECIPIENT shall not proceed with any construction related
activity until all necessary plans and specifications are approved
in writing by the DEPARTMENT.
Be
Change orders that are a significant deviation from the approved
plans/specifications must be submitted for DEPARTMENT review and
approval, prior to execution. All other change orders must be
approved by the DEPARTMENT for technical merit and should be
submitted within 30 days after execution.
Ce
The construction budget, reflected in this loan, will be adjusted
once actual construction bids are received.
Subject to fund availability, the DEPARTMENT may meet bids up to
110 percent of the construction bid amount shown in the original
loan application. The RECIPIENT shall make a formal, written
request to the DEPARTMENT for this consideration. The amount of
any budget increase will be subject to the ceiling amount per
public body established by the DEPARTMENT.
Required Performance:
Submittal of chanqe orders as required under Task 2.B.
Page 11 of 16
City of Bremerton
Callow &venue Basin CSO
Separation - Phase 2 Project
Loan No. LgE00021
Task 3 - Construction Management
ae
A detailed construction quality assurance plan shall be submitted
at least 30 days before the start of construction. This plan must
describe the activities which will be undertaken to achieve
adequate and competent performance of all construction work.
Written approval of this plan must be received from the DEPARTMENT
prior to the commencement of construction activities.
Be
A construction schedule shall be submitted to the DEPARTMENT
within 30 days of the start of construction. The construction
schedule shall be revised, and/or updated, whenever major changes
occur and at a minimum of every three months. When changes in the
construction schedule effect previous cash flow estimates, a
revised cash flow projection will be submitted.
Ce
Upon completion of construction, the RECIPIENT shall provide the
DEPARTMENT with a set of "as-built" plans, in addition to a
certification statement, signed by a professional engineer,
indicating the Project was completed in accordance with the plans
and specifications and major change orders approved by the
'DEPARTMENT and'shown on the "as-built" plans.
De
Within thirty (30) days after construction of the project is
accepted by the RECIPIENT as being complete, the RECIPIENT shall
transmit to the DEPARTMENT a "Declaration of Construction of Water
Pollution Control Facilities," as required by Chapter 173-240 WAC
SubmiSsion of Plans and Reports for Construction of Wastewater
Facilities. In addition, the RECIPIENT must document that an
operator certified at the appropriate level is on staff. The
DEPARTMENT will then schedule a final inspection of the Project.
Require~ Performance=
2.
3.
4.
Submittal of a quality assurance plan.
Submittal of a construction schedule.
Submittal of a set of "as built" plans.
Submittal of a "Declaration of Construction of Water
Pollution control Facilities."
PART XI. SPECIAL TERMS ~ CONDITIONS
ae
Minority and Women's Business Participation. The RECIPIENT agrees
to utilize to the maximum extent possible, minority-owned and
women-owned businesses in purchases and contracts initiated after
the effective date of this Agreement.
In the absence of more stringent goals established by the
RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the
DEPARTMENT'S goals for minority- and women-owned business
Page 12 of 16
City of Bremerton
Callow ~venue Basin
Separation - Phase 2 Projeot
Loan No. L9600021
participation in all bid packages, request for proposals, and
purchase orders. These goals are expressed as a percentage of the
total dollars available for the purchase or contract and are as
follows:
Minority-owned business participation - 10 percent
Women-owned business participation - 6 percent
The RECIPIENT and ALL prospective bidders or persons submitting
qualifications shall take the following steps in any procurement
initiated after the effective date of this Agreement:
Se
Include qualified minority and women's businesses on
solicitation lists.
Ensure that qualified minority and women's businesses are
solicited whenever they are potential sources of services or
supplies.
Divide the total requirements, when economically feasible,
into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
Establish delivery schedules, where work requirements permit,
which will encourage participation of qualified minority and
women's businesses.
Use the services and assistance of the State Office of
Minority and Women's Business Enterprises (OWMBE) and the
office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this Agreement, the RECIPIENT certifies that the above
steps were, or will be followed.
The RECIPIENT shall report to the DEPARTMENT at the time of
submitting each invoice, on forms provided by the DEPARTMENT,
payments made to qualified firms. The report will address:
Name and state OMWBE certification number of any qualified
firm receiving funds under the voucher, including any sub-
and/or sub-subcontractors.
The total dollar amount paid to qualified firms under this
invoice.
Be
Time for Performance. In the event the RECIPIENT fails to
commence work on the Project funded herein within four months
after the effective date of this Agreement, the DEPARTMENT
reserves the right to terminate this Agreement.
Page 13 of 16
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
PART XII. INCORPORATION OF DOCUMENTS
This Agreement incorporates the following documents by attachment and
reference:
A. Attachments:
ATTACHMENT 1:
ATTACHMENT 2:
ATTACHMENT 3:
ATTACHMENT 4:
DEFINITIONS FOR CCWF LOAN AGREEMENTS;
GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT
AND LOAN AGREEMENTS;
ESTIMATED LOAN REPAYMENT SCHEDULE;
AUTHORIZING RESOLUTION
B. References:
DEPARTMENT'S Centennial Clean Water Fund Program Guidelines,
revised December 1994.
Declaration of Construction of Water Pollution Control
Facilities; and
RECIPIENT'S legislation (Ordinance for cities, towns, and
applicable charter counties, Resolution for others) adopting
the system or plan, or system or plan of additions and
betterments to and extensions of the Utility (in the case of
cities and towns) or comprehensive plan, or comprehensive
plan amendment, relating to the Project.
Ce
Amendments. Ail formal amendments to this agreement, must be
properly executed, and signed by the DEPARTMENT.
PART XIII. ALL WRITINGS CONTAINED HEREIN
This Agreement, including the incorporated documents, contains the
entire understanding between the parties, and there are no other
understandings or representations other than those set forth or
incorporated by reference herein. No subsequent substantive
amendment(s) to this Agreement shall be of any force or effect unless
made on the DEPARTMENT's contract amendment form and that form is
signed by authorized representatives of the RECIPIENT and the
DEPARTMENT, and made part of this Agreement; EXCEPT:
ae
In relation to change of the DEPARTMENT'S Financial Manager or
Project Manager or the RECIPIENT'S Contact as set forth on page 1 .
of this document, either party may make such change by sending a
letter to the Other, to that effect, without the signature of the
other party;
Be
In relation to insubstantial modifications and changes which will
be requested by the RECIPIENT in writing and approved in writing
by the Project Manager.
Page 14 of 16
City of Bremerton
Callow Avenue Basin CSO
Separation - Phase 2 Project
Loan No. L9600021
PART XIV. OPINION OF LEGAL COUNSEL
By signing this page, the RECIPIENT's legal counsel is providing an
opinion that affirmatively establishes that:
The RECIPIENT is a duly organized and legally existing [municipal
corporation/ political subdivision] under the laws of the state of
Washington;
The RECIPIENT has the power and authority to execute and deliver,
and perform its obligations under, the Loan and this Agreement;
This Agreement has been duly authorized and executed, acknowledged
where necessary, by RECIPIENT authorized representatives and, to
the best knowledge of such Counsel, all other necessary actions
have been taken, so that this Agreement is valid, binding, and
enforceable upon the RECIPIENT in accordance with its terms,
except as such enforcement is affected by bankruptcy, insolvency,
moratorium, or other laws affecting creditor's rights and
principles of equity if equitable remedies are sought; and to such
Counsel's knowledge, this Agreement does not violate any other
agreement, statute, court order, or law to which the RECIPIENT is
a party or by which it is bound.
The Loan constitutes a valid obligation of the RECIPIENT payable
solely out of the Net Revenues of the Utility.
Recipient's Legal Counsel
Date
Page 15 of 16
City of Bremerton
Callow Avenue Basin
Separation - Phase 2 Project
Loan No. L9600021
In Witness Whereof, the parties execute this Agreement.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF BREMERTON
MICHAEL T. LLEWELYN
PROGRAM MANAGER
WATER QUALITY PROGRAM
DATE LYNN HORTON
MAYOR
DATE
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
Page 16 of 16
ATTACHMENT i
DEFINITIONS FOR CCWF LOAN AGREEMENTS
Unless the context clearly requires otherwise, these terms shall have
the respective meanings set forth for all purposes of this Agreement.
"Annual Debt Service" for any calendar year means for any applicable
series of bonds or applicable loans, including the Loan, all the
interest plus all principal due on such bonds or loans in such year.
"Average A~ual Debt Service" means at the time of calculation, the sum
of the Annual Debt Service for the remaining years to the last
scheduled maturity of the Loan divided by the number of those years.
"Coverage Requirement" means annual Net Revenue, together with ULID
Assessments, at'least equal to Annual Debt Service on all Senior Lien
Obligations plus Annual Debt Service on the Loan.
"Defease" - means the setting aside in escrow or other special fund or
account of sufficient investments and money dedicated to pay all
principal and interest of all or a portion of an obligation as they
come due.
"Department" means the state of Washington, Department of Ecology, or
any successor agency or department.
"General Obligation Debt" means an obligation of the RECIPIENT secured
by'annual ad valorem taxes levied by the RECIPIENT and by the full
faith, credit and resources of the RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the
RECIPIENT from the maintenance and operation of the Utility and all
earnings from the investment of money on deposit in the Loan Fund,
except ULID Assessments, government grants, RECIPIENT taxes, principal
proceeds of bonds and other obligations and earnings or proceeds from
any investments in a trust, defeasance or escrow fund created to
defease or refund Utility obligations or in an obligation redemption
fund or account other than the Loan Fund until commingled with other
earnings and revenues of the Utility or held in a special account for
the purpose of paying a rebate to the United States Government under
the Internal Revenue Codel
"Initiation of Operation" is the actual date the facility begins to
operate for its intended purpose. This date may occur prior to final
inspection and will be determined by the DEPARTMENT after consultation
with the RECIPIENT. This date may be the same or earlier than the date
of project completion.
For those projects where the Initiation of Operation date is not'
applicable, use the date of project completion.
Page 1 of 3
"Loan" means the Statm Revolving Fund (SRF) or C~ltennial Clean Water
Fund (CCWF) Loan made pursuant to this Agreement.
"Loan Fu~d" means that special fund of the RECIPIENT created by
ordinance or resolution for the payment of the principal of and
interest on this Loan.
"Maintenance and Operation Expense" means all reasonable expenses
incurred by the RECIPIENT in causing the Utility to be operated and
maintained in good repair, working order, and condition including
payments to other parties for the transmission, treatment or disposal
of sewage but shall not include any depreciation or RECIPIENT levied
taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and
Operation Expense.
"Project" means the project described in this Agreement.
"Project Completion Date" is the date incorporated into the loan
agreement that identifies the date that the Scope of Work will be fully
completed and the date the project will end. The project completion
date may be changed to an earlier or later date by a formal amendment
that is properly executed and signed by the DEPARTMENT.
"Principal and Interest Account" means the account of that name herein
created in the Loan Fund with respect to a Revenue Secured Debt to be
first used to pay the principal of and interest on the Loan.
"Reserve Account" means for a Revenue Secured Debt the account created
in the Loan Fund to secure the payment of the principal of and interest
on the Loan and any obligations issued on a parity therewith.
"Revenue Secured Debt" means an obligation of the RECIPIENT that is
secured by the revenue of the Utility and that is not a general
obligation of the RECIPIENT. For the purposes of this Agreement, the
term Revenue Secured Debt shall apply only if the Project is a sanitary
sewer or storm sewer utility and only if the RECIPIENT has created a
storm sewer or surface water utility or storm water utility. If the
Project provides for a mixture of various activities which include
sanitary or storm sewer activities, the Loan shall not be a Revenue
Secured Debt.
"Senior Lien Obligations" means all revenue bonds and other
obligations of the RECIPIENT outstanding on the date of execution of
this Agreement (or subsequently issued on a parity therewith, or to
refund such bonds or obligations) and bonds or issued to other than a
governmental entity after the date of execution of this Agreement
having a claim or lien on the Gross Revenue of the Utility, subject
only to Maintenance and Operation Expense.
"Sewer System" or "water pollution control facilities," means any
facilities or systems for the control, collection, storage, treatment,
disposal, or recycling of wastewater; including but not limited to
sanitary sewage, stormwater, residential, commercial, industrial, and
agricultural wastes.
Page 2 of 3
"ULID" means any utix=ty local improvement dist~.~t of the RECIPIENT
created for the acquisition or construction of additions to and
extensions and betterments of the Utility.
"ULID Assessments" means all assessments levied and collected in any
ULID. Such assessments are pledged to be paid into the Loan Fund (less
any prepaid assessments permitted by law to be paid into a construction
fund or account). ULID Assessments shall include installments thereof
and any interest or penalties which may be due thereon.
"Utility" means either the water system, the sewer system (which may
include a storm sewer or surface water system), or the combined water
and sewer system of the RECIPIENT the Gross Revenues of which are
pledged to pay and secure the Loan.
Page 3 of 3
GENEt~L TERMS ~ CoNDrr~0Ns
Pertaining to Grant and Loan Agreements of
the Depa~iment of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPrF. NT must en~ure that all subgrantees and contractors comply with the terms and conditions
of this agreement.
C. TItIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with
full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPARTIVIENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
RECIPIENT.
F. COMPLIANCE WITtt ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permits required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, . and policies against disc 'nmination. The RECIPIENT further agrees to
affmmtively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and
policies of the United States and the State of Washington which affect wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the right to immediately terminate this agreement for cause as provided in Section K. 1,
herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved
in this project to give up any pan of the compensation to which he/she is otherwise entitled or, receive any
fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
Jo
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field i~spection repons of all construction work accomplished under
this agreement shall be maintained by the RECIPIENT.
2. All grantJloan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after
the final grant paymentJloan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or
make adjustments accordingly.
3. Ail work performed under this a~eement and any equipment purchased, shall be made available to
the DEPARTMENT and to any authorized state, federal or local representative for inspection at any
time during thc course of this agreement ~ for at least three years following grant/loan termination
or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-128 (Audit of State and Local
Governments) or OMB Circular A-110 (Uniform Requirements for Grants to Universities, Hospitals
and Other Non-Profit Organizations) if the RECIPIENT receives federal funds in excess of $25,000.
The RECIPIENT must forward a copy of the state auditor's audit, or other indeper,xlant audit report,
along with the RECIPIENT response and the final corrective action plan as approved by the SAO
to the DEPARTMENT within ninety (90) days of the date of the audit reporL
PERFORMANCE REPORTING
The RECIPIENT shall submit progress repons to the DEPARTMENT with each payment request or such
other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the
DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to
meet project, objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from the DEPARTMENT to resolve thc situation.
Payments may be withheld if required progress repons are not submitted.
Quarterly repons shall cover the periods January 1 through March 31, April I through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be due within twenty (20) days
following the end of the quarter being reported.
COMPENSATION
l. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no
more often than once per month. Each request for payment will be submitted by the RECIPIENT
on State voucher request forms provided by the DEPARTMENT along with documentation of the
expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out
in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project
Offi~r.
The payment request form and supportive documents must itemize all allowable costs by major
elements-as described in the Scope of Work. Instructions for submitting the payment requests are
found in 'Administrative Requirements for Ecology Grants and Loans', part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment
requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon
designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s) to
this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope
of Work.
3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to
the grant/loan agreement and performed after the effective date and prior to the expiration date of
this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date of this agreement and within fifteen (15) days after the
end of a fiscal biennium. Failure to comply may result in delayed reimbursement.
5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent
(10%) of each reimbursement payment as security for the RECIPIENT's performance and a financial
bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion, such payment is reasonable and approved according to this agreement and, as appropriate,
upon completion of an audit as specified under section 3.6., herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the
DEPARTM]~NT and any unauthorized expenditure(s) charged to this grant/Ioan shall be refunded
to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the
event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation requ.ired of it by thi.~ agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termimtion shall be given at least five working days prior to the effective date
of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Department property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
d,2m~ges sustained by the DEPARTMENT and/or the State of Washington because of any breach
of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose
of setoff until such time as the exact amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent
upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such
funds shall be good cause to terminate this agreement as provided in paragraph K. 1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to
continue or complete the project described herein shall be contingent upon appropriation of funds
by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT falls to commence work on the project
funded herein within four months after the effective date of this agreement, or by any date mutually
agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
Waiver of any RECIPIENT default is not a waiver of any subsequent default~ Waiver of a breach of any
provision of this agreement is not a waiver of any subsequent breach and will not be construed as a
modification of the terms of this agreement unless stated as such in writing by the authorized representative
of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any
patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT
retain~s a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or
otherwise use the material(s) or properly and to authorize others to use the same for federal, state
or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in patent
rights to any inventions that developed by ~the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEpARTMENT's current edition of "Administrative Requirements
for Ecology Grants and Loans", Part IV, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions
with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT~ When the DEPARTMENT provides personal
property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTlVlE. NT prior to final payment by the DEPARTMENT. If said property is lost, stolen
or damaged while in the RECIPIENT's possession~ the DEPARTMENT shall be reimbursed in cash
or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each
parcel prior to disbursement of funds provided by this agreement. Such evidence may include
tire insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing
that the land is free from any im,r~ediment, lien, or claim which would impair the uses
contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or ~leveloped pursuant to
this agreement to uses other than those for which assistance was originally approved without prior
written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or
encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase
or construction costs of such property.
N. RECYCL~II/RECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled paper containing
the highest level of post consumer and recycled content that is available. At a minimllm, paper with 10
percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all
materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or
hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimi?e the use of
glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan .funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per nnmlm from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which
had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement,
at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services tobe performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute
with regard to the extent and character of the work to be done, the determination of the Project Officer or
other designated official as to the extent and character of the work to be done shall govern. The
- RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opporumity
to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from the
Director's determination shall be brought in the Superior Court of Thurston County. Review of the
decision of the Director will not be sought before either the Pollution Control Hearings Board or the
Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. CONFLICT OF ENTERF_,ST
No officer, member, agent; or employee of either party to this agreement who exercises any function or
responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision
which affects his/her personal interest or the interest of any corporation, partnership or association in which
he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct
or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,, consultant's fees,
and other costs related to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and agair~t any liability for any or all injuries to persons
or property arising from the negligent act or omission of that party or that party's agents or
employees arising out of this agreement.
65'
To
Uo
Mo
GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
If any provision of this agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect
without the invalid provision, and to this end the provisions of this agreement are declared to be severable.
PRECEDF_~CE
In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall
be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and
regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by
reference including the 'Administrative Requirements for Ecology Grants and Loans'; and (e) the General
Terms and Conditions.
SS-OIO Rev. 4/96
04/03/96
CITY OF BREMERTON
Loan Amount: $ 2,500,000.00
Term of Loan: 9
Amortization Method: Normal, 365 D/Y
Loan Date: 12-31-1997
Annual Interest Rate: 0.000 %
Interest Compounded: Semi-Annual
PMT Due Date Payment Amount Interest Principal Balance
1 12-31-98
1998 totals
2 06-30-99
3 12-31-99
1999 totals
4 06-30-00
5 12-31-00
2000 totals
6 06-30-01
7 12-31-01
2001 totals
8 06-30-02
9 12-31-02
2002 totals
Grand totals
277,777.78 0.00 277,777.78
277,777.78 0.00 277,777.78
277,777.78 0.00 277,?7?.78
277,777.78 0.00' 277,777.78
555,555.56 0.00 555,555.56
277,777.78 0.00 277,777.78
277,777.78 0.00 277,777.78
555,555.56 0.00 555,555.56
277,777.78 0.00 277,777.78
277,777.78 0.00 277,777.78
555,555.56 0.00 555,555.56
277,777.78 0.00 277,777.78
277,777.76 0.00 277,777.76
555,555.54 0.00 555,555.54
$ 2,500,000.00 $ 0.00 $ 2,500,000.00
2,222,222.22
1,944,444.44
1,666,666.66
1,388,888.88
1,111,111.10
833,333.32
555,555.54
277,777.76
0.00
THIS IS AN ESTIMATED REPAYMENT SCHEDULE
Page 1
AGENDA BILL
BREMERTON CITY COUNCIL
ORDINANCE NO.
AMENDING THE 1996 BUDGET
FOR AGENDA OF: May~, 1996
ORIGINATING DEPT: Treasurer f)
ORIGINATOR: R. Hanl~-- j
DATE SUBMITTED: April 22, 1996'
2. CLEARANCES: Co%e~nt o~f ba~ck if necessary)
Dir. Administr~Se~. '~~''~' ~
City Attorneyj>-~~ -
Fiscal and Budget Comm.
3. EXHIBITS:
Proposed Ordinance
SupporlJng Budget Adjustment Forms
ENDORSEMENTS
MAYOR ~
INFORMATION
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTA
4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A number of actions have been taken by the City which need to be incorporated into the Budget in order for the document
to remain an accurate projection of City financial activity.
RECOMMENDATION:
Motion to approve Ordinance amending the 1996 Budget on first reading.
Motion to pass Ordinance No.~
on second reading.
9. RESPONSIBLE OFFiCIAL:Treasurer
ENFORCEMENT OFFICIAL: Mayor
EXPIRATION DATE: 12/31/96
REVIEW DATE: N/A
PULLED
COUNCIL DIRECTIVE:
TABLED
10. NOTICE OF ACTION
APPROVED
DISAPPROVED AMENDED
9A
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The 1996 Budget will not accurately project anticipated financial activity of the City. Several previously authorized
actions will exceed current appropriations.
6, IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES:
As indicated in the attachments.
7. RESEARCH SOURCES:
1996 Budget Adjustment Requests.
ORDINANCE NO.
AN ORDINANCE amending Ordinance No. 4539
relating to the budget of the City of Bremerton for Fiscal Year 1996
THE CITY OF BKEMERTON DOES ORDAIN:
SECTION 1' Section 1 of Ordinance No. 4539 is hereby amended as follows: That the financial
budget for the City of Bremerton, to wit: "Official Budget for the year 1996, City of Bremerton", now on file
in the office of the City Clerk of the City of Bremerton, be and the same is hereby approved and adopted, and
the respective amounts provided for in said budget for the several funds of the City of Bremerton, be and the
same are hereby fixed and adopted as follows:
ESTIMATED REVENUES AND EXPENDITURES FOR THE YEAR 1996
001
101
102
103
104
105
106
108
109
110
112
201
305
307
308
401
4O7
451
481
503
DESCRIPTION AMOUNT
General
Arterial Street ................................................. 2,506,156
City Street .................................................... 2,070,390
Contingency Reserve ............................................ 733,500
Civic Improvement/Stadium ..................................... 155,000
Parking System Revenue ........................................ 664;-3-50
Comm. Development Block Grant ............................. 1,374,000
Abatement Revolving Fund ....................................... 414,000
Real Estate Transfer Tax
Police Special Projects ............................................ 43,199
Parks Facility Construction ........................................ 96,000
G. O. Bonds ................................................... 1,024,787
Waterfront Parks Consturction
Fire Department Capital ......................................... 314,570
Pendergast Regional Park Const ................................. 119,000
Water Operating a ant o~,~
Municipal Golf Course
Wastewater Operating ........................................ 15,268,985
Stormwater Operations ........................................ 1,258,715
Risk Management ............................................. 1,898,000
22,005,161
664,638
885,.000
31,300
10,040,073
4,224,012
510
601
621
622
623
624
Equipment Rental Reserve ..................................... 2,457,794
Cemetery Perpetual Care ........................................ 123,500
Local Improvement Dist. Guaranty .............................. 116,000
Roosevelt Capital Asset ......................................... 356,000
Gift and Donations Fund .......................................... 32,400
Employee Medical Insurance Reserve ............................ 555,000
GRAND TOTAL ESTIMATED REVENUES AND EXPENDITURES:... ~..v,..,,, ..e;° gA-~ .~ n $68,767,180
Of the total revenue, the sum of $4,703,968 is the estimated amount to be received from a $3.8020
levy per $1,000 of assessed valuation of all property within the city limits of the City of Bremerton as set
forth in Ordinance No. 4532.
APPROVED by the City Council on the first reading this
day of May, 1996.
PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City
Clerk in authentication of such passage this day of May, 1996.
APPROVED this
JOHN E. LAW, Council President
day of May, 1996
ATTEST:
LYNN HORTON, Mayor
KATHLEEN L. McCLUSKEY, City Clerk
EFFECTIVE DATE:
PUBLISHED:
ORDINANCE NO:
7t
199t AMENDING ORDINANCE 1
SUMMARY OF BUDGET ADJUSTMENTS
001 GENERAL
101 ARTERIAL STREET
102 STREET
103 CAPITAL RESERVE
104 CIVIC IMPROVEMENT
105 PARKING SYSTEM REVENUE
106 C.D.B.G.
108 ABATEMENT REVOLVING FUND
109 REAL ESTATE TRANSFER TAX
110 POLICE SPECIAL PROJECTS
112 PARKS FACILITY CONSTRUCTION
201 GENERAL OBLIGATION BOND
305 WATERFRONT PARKS CONSTRUCTION
307 FIRE DEPARTMENT CAPITAL
308 PENDERGAST REGIONAL PARK CONST.
401 WATER OPERATING
407 GOLF COURSE
451 WASTEWATER OPERATING
481 STORMWATER OPERATING
503 RISK MANAGEMENT
510 EQUIPMENT RENTAL RESERVE
601 CEMETERY PERPETUAL CARE
621 LID GUARANTY
622 ROOSEVELT CAPITAL ASSET
623 DONATIONS FUND
624 EMPLOYEE MEDICAL INSURANCE RES.
TOTAL
CURRENT NET
1996 BUDGET ADJUSTMENTS
21,849,461 $155,700
2,506,156
2,070.390
733,500
155,000
664,250 388
1,374,000
414,000
875,000 10,000
43,199
96,000
1,024,787
27,200 4,100
314,570
119,000
9,991,812 48,261
4,223,000 1,012
15,268,985
1,258,715
1,898,000
2,457,794
123,500
116,000
356,000
32,400
555,000
AMENDED
BUDGET
22,005,161
2,506,156
2,070,390
733,500
155,000
664,638
1,374,000
414,000
885,000
43,199
96,000
1,024,787
31,300
314,570
119,000
10,040,073
4,224,012
15,268,985
1,258,715
1,898,000
2,457.794
123,500
116,000
356,000
32,400
555,000
$68,547,719 $219,461 $68,767,180
Requesting Department:
.,_ CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
EMPLOYEE MEDICAL RESERVE FUND NO. 624
No. 96-12
SOURCE OF FUNDS:
Description
Amount
REDUCE:
ENDING CASH 25,000
USE OF FUNDS:
Description
INCREASE:
SUPPLIES AND SERVICES
Amount
25,000
NARRATIVE:
This adjustment will provide expenditure authority necessary to pay for the YMCA memberships for City
employees which were previously authorized. The contract cost is $2,500 per month and began March 1.
Department Head Signature Date
Director Signature
Date
Treasurer Comments:
Recommended
~-~ Not Recommended
Treasurer's Signature
Date
Mayor Comments:
Recommended
Approved
Not Recommended
Denied
Signature
Date
Fiscal & Budget Committee Comments:
[, J Recommended I----1
~ Approved ~
Not Recommended
Denied
Fi Budget Committee Signature
Date
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
PARK and GENERAL MISC.
No. 96-11
SOURCE OF FUNDS:
Description
REDUCE:
INTERFUND INSURANCE
Amount
35,000
USE OF FUNDS:
Description
INCREASE:
PLAYGROUND EQUIPMENT IMP.
Amount
35,000
NARRATIVE:
This adjustment will allow the use of the savings realized from insurance premiums coming in under budget
to make improvements to the City's playground equipment. It is expected that these improvements will
reduce injudes to children and the related claims and litigation expenses to the City.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
Recommended
Not Recommended~-~' ~
TreasureFs re
Mayor Comments:
Da/te f '
J~ Recommended j---J Not Recommended
J-----j Approved r---J Denied
Fiscal & Budget Committee Comments:
Signature
Date
J---J Recommended J----J
[-'--J Approved
Not Recommended
Denied
Fiscal & Co Signature
Date
Requesting Department:
- CITY OF BREMERTON -
BUDGET ADJUSTMENT REQUEST
TRANSPORTATION DEPT. GENERAL FUND
No. 96-10
SOURCE OF FUNDS:
Description
REDUCE:
PROFESSIONAL SERVICES
CONTRACTOR DEPOSIT
Amount
456,500
48.000
USE OF FUNDS:
Description Amount
INCREASE:
PERSONNEL 190,000
COMPUTER SYSTEM 20000
PARTS & SUPPLIES 190,000
SUB - LET WORK 40,000
SHOP TOOLS 25,000
SAVINGS 39.500
504.500
NARRATIVE:
This adjustment will authorize the positions and expenditures necessary to change the City's vehicle
maintenance activity from a contracted basis to a City staffed activity. The position of Fleet Manager is
authorized and funded as of Apdl 1 and all other positions are authorized and funded as of May 1.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
~"~-' Recommended r--1
Mayor Comments:
Not Recommended
Treasurer's Sig~-~ifure ~ '~--- Date
Recommended
Approved
Not Recommended
Denied
Fiscal & Budget Committee Comments:
M~yor's Signature
Date
Recommended
Approved
Not Recommended
Denied
Fiscal & Budget Committee Signature
'7.5'
Date
Requesting Department:
- CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
GENERAL FUND - POLICE DEPT.
No. 96-8
SOURCE OF FUNDS:
Description
INCREASE:
CONTRACT REVENUE
Amount
56,620
USE OF FUNDS:
Description
INCREASE:
PERSONNEL COSTS
Amount
56,620
NARRATIVE:
This adjustment will provide for the creation of one additional Police Officer position effective Apdl 1, 1996
and provide funding for that position and additional overtime sufficient to provide the services specified in
the contract between the City and Bremerton Housing Authority.
Department Head Signature
Treasurer Comments:
Director Signature
Date
Recommended [---I Not Recommended
Mayor Comments:
Treasurer's Signature
Date
t~ Recommended ~-~ Not Recommended
~ Approved ~ Denied
Fiscal & Budget Committee Comments:
Date
[---1 Recommended ~-~ Not Recommended
~ Approved r-~ Denied
Fiscal & Budget Committee Signature
Date
Requesting Department:
_ CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
EMPLOYEE INSURANCE RESERVE and OTHERS
NO.
SOURCE OF FUNDS:
Description
TRANSFER FROM RESERVE
Amount
119,321
USE OF FUNDS:
Description
MEDICAL INSURANCE PREMIUMS
GENERAL FUND
PARKING FUND
WATER FUND
GOLF FUND
Amount
69,660
388
48,261
1,012
119,321
NARRATIVE:
This adjustment will provide for the transfer of funds from reserve necessary for the 1996 contract with KPS
for employee medical insurance.
Department Head Signature
Treasurer Comments:
Director Signature
Date
Date
Recommended ~ Not Recommended ,~?- C~ !,
TreasureC-§-signatU're-~--
Mayor Comments:
Date
[~] Recommended ~ Not Recommended ,,//'
~-~ Approved ~ Denied r~ Signature
Fiscal & Budget Committee Comments:
Date
Recommended
Approved
Not Recommended
Denied
Fiscal~&'-~udget Committee Signature
7'7
Date
Requesting Department:
.... CITY OF BREMERTON -
BUDGET ADJUSTMENT REQUEST
No. 96-6
WATERFRONT PARK CONSTRUCTION FUND NO. 305
SOURCE OF FUNDS:
Description
Increase Revenue:
Draw on Assigned Funds
Amount
4,100
USE OF FUNDS:
Description
Increase Expenditures:
Mitigation Monitodng
Amount
4,100
NARRATIVE:
This adjustment will provide for costs of monitoring which will exceed the original estimate included in the
budget.
Dep,~rtmel~t Head'Signature Date
Director Signature
Date
Treasurer Comments:
, ,.~--- ,~. ~ ~,.'-'~_-~. : ~,*,-'"':;'
E~ Recommended ~-~ Not Recommended -----_,~-,..._:__.~/ ~ ......,
Treasurer's Signaturt~,, Date
Mayor Comments:
Recommended ~-1 Not Recommended __,/7
I Approved J-----J Denied ~ '..~-',~/~ '-'?/~-/'~g
M~yoCs Signature
Date
Fiscal & Budget Committee Comments:
~-~ Recommended
Approved
Not Recommended
Denied
FiscalS& lu~dget
Committee Signature
Date
Requesting Department:
- CITY OF BREMERTON -
BUDGET ADJUSTMENT REQUEST
ADMINISTRATIVE SERVICES - GENERAL FUND
No. 96-5
SOURCE OF FUNDS:
Description
REDUCE COURT REVENUE
Amount
34,700
USE OF FUNDS:
Descdption
REDUCE COURT PERSONNEL
Amount
34,700
NARRATIVE:
This adjustment will provide for the elimination of one Probation Officer position effective April 1, 1996.
Revised budget document pages are attached.
Department Head Signature
Treasurer Comments:
Date Director Signaturi~ --
Recommended
Mayor Comments:
Not Recommended
Treasurer's Sign-"ature
Recommended
Approved
Not Recommended
Denied
Ma~gr~a;ure~'
Date
Fiscal & Budget Committee Comments:
E~ Recommended ~
J----J Approved J----j
Not Recommended
Denied
Fi~ca~ & Budget Committee Signature
Date
Requesting Department:
-- CITY OF BREMERTON -
BUDGET ADJUSTMENT REQUEST
REAL ESTATE EXCISE TAX FUND NO. 109
No. 96-4
SOURCE OF FUNDS:
Description
DECREASE ENDING CASH
Amount
186,822
( Remaining Budget End Cash = $214,449 )
USE OF FUNDS:
Description
SMITH COVE ENVIRONMENTAL
ANALYSIS
Amount
186,822
NARRATIVE:
This adjustment will provide expenditure authority for the complete odginal scope of work, (Phase I through
VI), and the changes in scope identified to date (Evergreen Pa~k and support with Ecology).
Department Head Signature Date
2_1
Director Signature Date
Treasurer Comments:
~-~ Recommended ~-~ Not Recommended /
Treasurer's Signature
Mayor Comments:
/
,~Recommended ~--~ Not Recommended :z~/,~ ~D~at~
Approved ~ Denied
Mayor's Signature
Fiscal & Budget Committee Comments:
Recommended
Approved
Not Recommended
Denied
Fiscal'& Budget Committee Signature
Date
Requesting Department:
"-BUDGET ADJUSTMENT REQUES'r
PENDERGAST PARK CONSTRUCTION #308
No. 96-3
SOURCE OF FUNDS:
Description
REDUCE ENDING CASH
Amount
10,000
USE OF FUNDS:
Description
SLOPE STABILIZATION PROJECT
Amount
10,000
Remaining endin9 cash = $90,000
NARRATIVE:
This adjustment will provide funds needed to control soil movement on the slopes between the upper and
lower ballfield levels.
Department Head Signature
Treasurer Comments:
Date
gnatur~
Date
~Recommended ~
Mayor Comments:
Not Recommended
D~ate /
Recommended ~-~ Not Recommended
Approved ~ Denied . ~ ,..~,.. . -
IVl~yor's Signature
Fiscal & Budget Committee Comments:
I Recommended
Approved
Not Recommended
Denied
Fiscal & B.'udg6"[ Committee Signature
Date
Requesting Department:
-_ CITY OF BREMERTON _
BUDGET ADJUSTMENT REQUEST
PARKS DEPARTMENT 001-51
No.
96 -2
SOURCE OF FUNDS:
Description
CONCESSION REVENUE
Amount
64,120
USE OFFUNDS:
Descdption
CONCESSION
LABOR
SUPPLIES
EQUIPMENT
Amount
29,310
25,648
9,162
64,120
NARRATIVE:
This adjustment will provide the budgetary authority for in-house operation of the balifield concession as
described in Council study session.
Department Head Signature
Treasurer Comments:
Date
tor Signature
~L.Recommended [~
Not Recommended
Mayor Comments:
.~ Recommended ~ Not Recommended
[Approved ~---] Denied ~yo-- ''~' ~''~ '~/-~/'~'¥~
r's Signature Date
Fiscal & Budget Committee Comments:
Recommended ~
Approved J---J
Not Recommended
Denied
Fiscal~& Budget '~'orhmit~ee 'Signature
Date
CITY OF BREMERTON _
BUDGET ADJUSTMENT REQUEST
NO.
96-1
Requesting Department:
REAL ESTATE EXCISE TAX FUND 109
SOURCE OF FUNDS:
Description
INCREASE
BEGINNING CASH
Amount
10,000
USE OF FUNDS:
Description
FOREST RIDGE PARK IMP.
Amount
10,000
NARRATIVE:
Improvements to the restrooms at Forest Ridge Park approved in the 1995 Budget were not completed prior
to year end and were not rebudgeted in 1996. Staff is requesting re-appropriation of the funds needed to
complete these improvements.
Department Head Signature
Treasurer Comments:
Date
ctor SignatL~e
Date
Recommended ~ Not Recommended
Mayor Comments:
Treasurer's Signature
Date
Recommended ~ Not Recommended
Approved ~ Denied _~_ ~'~
Mayor's Signature Date
Fiscal & Budget Committee Comments:
Recommended
Approved
Not Recommended
Denied
Fiscal & Budget Committee Signature
Date
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
NO.
SOURCE OF FUNDS:
Description
10'73 . 5'Hc)~o
Amount
USE OF FUNDS:
Description
Amount
NARRATIVE:
C,4- 7-v'
Depa~tmen~q4ead Signature
Treasurer Comments:
Date
Direb{'or Signature I
D~b' ' -
Recommended
Mayor Comments:
Not Recommended
Treasurer's
~ Recommended ~ Not Recommended
[-~ Approved ~ Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
Recommended
~! ,,J Approved
Not Recommended
Denied
Fiscal & Budget Committee Signature
Date
AGENDA BILL
BREMERTON CITY COUNCIL
Ordinance Repealing Chapter
SiiB~CT:fl3.10 Of The B.M.C. And FOR AGENDA OF:May 15, 1996
Adopting A New Chapter ORIGINATING DEPT: Parks Dept.
Providing For Planting, ORIGINaTORS:B.Lorber/J.Trainer
Removal, Maintenance Of DATE SIIBMI%~iqRD:May 7, 1996
Municipal Trees And Shrubs
CbEARANCES: (Comment on ba,
Public Work/Ops
3.
Community Dev.
City Engineer
Director PW/Utility
City Attorney
Parks
City Cle~r~
ENDORSEMENT~
4
Revised Ordinance
City Tree Policy
Fiscal and Budget .~<v~ ,c~
Operations ~~
A~PROVED BY COUNCIL PRESIDENT FOR SUBMI/~CAL:
4. SUMMARY STATEME/FFAND REOUIREMENT FOR COUNCIL ACTION:
The existing Tree Ordinance was last updated in 1989. The current changes
more clearly define individual, city, and city department responsibilities,
and eliminate the need for citizen Street Tree Permits. Pruning practices
are clearly identified and should help preserve tree health and appearance.
The final major changes is in simplifying the ordinance by removing
repetitive abatement verbage that is already in place in Chapter 11.16. This
Ordinance Revision incorporates the views and inputs of Engineering, Public
Work, Operations, the City Attorney, Parks and Recreation, and the Tree
Co~tm-~ttee. The revised Ordinance received additional review at the April
Traffic Safety Committee meeting.
8. RECOMMENDATION:
Approve revision to the Municipal
Bremerton Municipal Code.)
Tree Ordinance
(Chapter 13.10 of the
MOTION - TO APPROVE ORDINANCE ON FIRST READING.
TO PASS ORDINANCE
ON SECOND READING.
9. RESPONSIBLE OFFICIAL: ~Parks & Rec.
~NFORCEbIENT OFFICIAL: Jim Spencer
EXPIRATION DATE: Ongoing
REVIEW DATE: N/A .....
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE QF ACTION
APPROVED DISAPPROVED
DATE:
11. AGm OA BILL
2. CLEARANCE COMMENT.~:
IMPACT OF NQN-PASSAGE:
The current ordinance is cumbersome and would remain in affect. The
Street Tree permit process is not being followed, and confusion
abounds as to who is responsible for which municipal trees and who
makes determination on tree health and hazards. Failure to approve
the Ordinance revisions will perpetuate the "gray area" of tree
responsibility and care.
IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR QTHER RESOURCES
City Departments are following the responsibility matrix shown in the
attached City Tree Policy. This policy is consistent with the
requirements of the revised Municipal Tree Ordinance.
RESEARCH SOURCES:
City Attorney, Parks Urban Forester, and City of Bremerton Parks &
Recreation
ORDINANCE
AN ORDINANCE repealing Chapter 13.10 of the Bremerton Municipal Code and
adopting a new Chapter regulating the planting, removal, maintenance, and
protection of municipal trees and shrubs directly affecting public areas in the City of
Bremerton, Kitsap County, Washington.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Repeal/New Chapter. Chapter 13.10 MUNICIPAL TREES, is hereby
repealed and a new Chapter 13.10, MUNICIPAL TREES, ia adopted to read as follows:
13.10.010 PURPOSE. It is the policy of the City of Bremerton, to regulate and
control planting, removal, maintenance and protection of trees and shrubs on public areas
of the City to eliminate and guard against dangerous conditions which may result in injury
to persons using public areas of the City; to promote and enhance the beauty of the City;
to prevent damage to any overhead or underground utilities, street, sidewalk or other public
property; to protect trees and shrubs located in public areas from undesirable and unsafe
planting, removal and maintenance practices; to guard ali trees and shrubs on public areas
against the spread of disease and pests; and to increase public awareness of tree benefits
and proper planting and maintenance practices through education.
The provisions of this ordinance shall apply to: 1) all trees and shrubs presently or
hereafter planted in or upon any public area; and 2) all trees and shrubs planted in or upon
any private premises which directly affect overhead and underground utilities, sidewalks,
streets, public property, or cause unsafe viewing distances.
13.10.020 DEFINITIONS.
(a) "Public area" shall include all public streets, roads, boulevards, sidewalks, planter
strips, city-owned rights of way, parks, and the lands owned or leased by the city which are
accessible to the public but not including municipal utility watershed or forest lands.
TREE.JRC - Ordinance Disk 2 - 5/10/96
1
(b) "Municipal trees and/or shrubs" shall include all woody vegetation presently or
hereafter planted on any public areas.
(c) "Maintenance" and "Protection" shall include but not be limited to all operations
of watering, pruning, spraying, bracing, inspection and other actions necessary to the health
and aesthetics of the tree or shrub.
(d) "Hazardous tree or shrub" shall be defined as any tree or shrub or part thereof
growing on private or public property which: obstructs or impairs the free and full use of
a public area, interferes with overhead or underground utilities, is afflicted with or weakened
by a contagious or fatal disease, causes unsafe viewing distances, blocks or impedes usage
of street or sidewalk, or presents an imminent and foreseeable danger to persons or
property.
13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES.
(a) Private property owners will be responsible for the maintenance and liability of
municipal trees adjacent to their property that have been planted by the owner or prior
owner, or for which responsibility has been assumed by the owner through agreement with
the City.
(b) Private property owners may prune municipal trees adjacent to their property after
approval is received from the city urban forester.
(c) Property owners and/or occupants are responsible for notifying Engineering in the
case that a municipal tree or shrub adjacent to their property space is creating a hazard, so that
remedial actions can be taken.
(d) Private groups may arrange for the planting or maintenance of areas of municipal
trees under the authorization of the Parks and Recreation Department.
13.10.040 DAMAGE TO TREES AND SHRUBS. No person shall in any public area
TREE.JRC- Ordinance Disk 2 - 5/10/96 2
of the City, break, injure, mutilate, kill or destroy any tree or shrub; permit any animal under
his or her control to do so; prune without Parks and Recreation Department approval; permit
any fire to injure any portion of any tree or shrub; permit any toxic chemical to seep, drain, or
be emptied on or about any tree or shrub. During building operations the builder shall erect
suitable protective barriers around municipal trees and shrubs which may be injured. Persons
responsible for damage to trees on public areas shall be penalized pursuant to the Bremerton
Municipal Code Section 13.04.180 regarding damage to park property, and Section 13.04.040.
13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. No person shall
fasten any sign, rope, wire, or other materials to, around, or through any municipal tree or
shrub without obtaining permission from the Parks and Recreation Department, except in
emergencies such as storms or accidents, pursuant to Section 13.04.030 of the Bremerton
Municipal Code.
13.10.060 PUBLIC UTILITIES. Public utility work affecting trees or shrubs on public
areas shall be limited to the actual necessities of the services of the company and such work shall
be done in a neat and professional manner. The utility shall notify the Parks and Recreation
Department of any plans for maintenance on public areas and consult with the Parks and
Recreation Department should any trees need to be topped or removed so that they may suggest
ways to preserve the beauty or symmetry of the tree and keep removals to a minimum.
13.10.070 MASTER STREET TREE PLAN. A Master Street Tree Plan shall be
developed by the Parks and Recreation Department for park and Central Business District trees.
It will be based upon an inventory of existing municipal trees in these areas and an evaluation
of the site and space factors which will aid in the determination of those trees best suited for
Bremerton's urban environment and result in the development of a long-range plan for future
TREE.JRC - Ordinance Disk 2 - 5110/96
3
planting and maintenance.
13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE
STANDARDS. The following standards are hereby established for the planting, pruning,
removal, and maintenance of municipal trees and shrubs in the public areas of the City:
(a) Planting:
(1) All trees will be not less than one and one half inch caliper and be No. 1 grade,
as described by the American Association of Nurserymen (AAN).
(2) No tree or shrub shall be planted closer than two feet from the curb line or 10
feet from a driveway or alley. Trees shall be spaced at intervals of at least 20
feet depending upon species and the expected height of the tree at maturity.
Plantings at or near intersections shall be spaced in accordance with sight distance
specification set by the City Zoning Ordinance.
(3) Sidewalk cuts, where necessary, shall be approved by the Engineering Division
and will be a minimum of 4 feet in diameter so as to allow the natural percolation
of water. Paver blocks, cobblestones or tree grates or other permeable surfaces
will be used to fill sidewalk cuts around trees.
(4) All young trees, for a minimum of one year, shall be securely staked and guyed
until the roots become established.
(5) Municipal trees and shrubs planted prior to the passage of this ordinance are
exempt from these planting standards.
(6) A list of recommended species of municipal trees is available from the Parks and
Recreation Department for those desiring to plant municipal trees in city areas
adjacent to their properties. Approval of the tree species is required by the city
urban forester prior to planting, if it is not on the recommended species list.
TREE.JRC- Ordinance Disk 2 - 5/10/96 4
(7) Public Education programs regarding tree planting, care and maintenance will be
provided by the Parks and Recreation Department in conjunction with Arbor Day
festivities each year in April to encourage public involvement in tree planting.
Additionally, the Parks and Recreation Department will maintain a tree library
available for use by the public.
Co) Pruning: Pruning of any municipal tree on any public area must be authorized by the
Parks and Recreation Department's city urban forester or performed by City employees at the
discretion of the Department. Trees are pruned to preserve their health and appearance, and to
eliminate safety and utility concerns, which will increase their longevity in an urban area.
(1) Pruning Defined:
i.
ii.
iv.
111.
(2) All
TREE.$RC- Ordinance Disk 2 - 5/10/96
Fine Pruning: removal of dead, diseased, objectionable and/or weak
branches on the main trunks and limbs which are larger than 1/2 inch
diameter.
Medium Pruning: removal of dead, diseased, objectionable and/or weak
branches which are larger than one inch in diameter.
Safety Pruning: removal of the dead, diseased and/or weak branches to
a size that in falling would injure a person and/or property.
Cut Back to Topping: cutting back, drop crotching or topping consists of
the reduction of tops, sides, underbranches or individual limbs with
attention given to symmetrical appearance.
trees and shrubs which have branches overhanging a public street or
boulevard shall have said branches pruned to a clearance height of fourteen (14)
feet. Those overhanging a public sidewalk shall be pruned to a clearance height
of eight feet. The provisions of this section may be waived by the Parks and
5
Recreation Department in the case of newly planted trees so long as they do not
interfere with public parking, travel or safe viewing distances at intersections, or
endanger public safety as determined by the Engineering Division. Any tree or
shrub on private property which hangs over a city right of way which is not
pruned as herein provided shall be subject to the provisions of Section 13.10.090
of this chapter.
(3) All dead wood, stubs, broken branches, badly formed branches, diseased
branches, and branches interfering with public travel, lighting, existing buildings
and traffic signs shall be removed during the pruning operation, with
consideration given to the symmetry and beauty of the municipal tree or shrub.
(c) Removal:
(1) All municipal trees and shrubs which have fallen or been authorized for removal
shall be completely removed from the growing site and disposed of in an
authorized manner. The stump shall be ground out to a depth suitable for future
planting of trees or turf.
(2) When municipal trees or shrubs are removed because of inappropriate location,
a more appropriate site for replacement will be selected, when possible, in as
close a proximity as spacing permits. Trees removed due to health, age, size for
its location, or undesirable species type shall be replaced, when
appropriate/available, with a suitable tree or shrub which will not produce the
same problem in accordance with this ordinance.
(3) No municipal tree or shrub shall be removed from any public area for the sole
purpose of providing a view for any private property or individual.
(d) Maintenance:
6
TREE.JRC- Ordinance Disk 2 - 5/10/96
(1) All municipal trees in the central business district will receive routine
maintenance on a 4 year cycle.
(2) Special consideration will be given to the watering, weeding and protection of
young trees during the first three years.
(3) The use of biological controls and sprays will be encouraged and used by city
employees whenever possible in the treatment of insect infestations in trees on
city lands and fights of way.
13.10.090 ABATEMENT OF HAZARD TREES OR SHRUBS. On Private Properties -
Property owners with trees or shrubs determined to be hazardous or public nuisance to public
areas, such as streets and sidewalks, will be handled in accordance with the procedures set forth
in Chapter 11.16 of the Bremerton Municipal Code.
13.10.100 APPEAL OF ABATEMENT NOTICE. Appeals of abatement notices shall
be handled in accordance with the procedures set forth in Chapter 11.16 of the Bremerton
Municipal Code.
13.10.110 COST OF PLANTING, REMOVING, MAINTAINING AND PROTECTING
TREES AND SHRUBS. The costs of planting, removing, maintaining and protecting trees and
shrubs on all public areas of the city, when done by Parks and Recreation Department and
Public Works Department shall be borne by the city out of the Parks and Recreation Department
and Public Works Department budgets as assets allow, and from funds donated or grant monies
received specifically for that purpose. When a private party plants, removes, maintains or
protects trees pursuant to Section 13.10.080, that party shall be responsible for all incurred
costs.
Section 2. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
TREE.JRC- Ordinance Disk 2 - 5/10/96
7
1996.
1996.
APPROVED by the City Council of the City of Bremerton this __
PASSED by the City Council of the City of Bremerton this __
day of ,
day of
APPROVED this
JOHN E. LAW, Council President
day of
, 1996.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
TREE.JRC- Ordinance Disk 2 - 5/10/96
8
CITY OF BREMERTON
Index
2-24
Effective Date
May 22, 1996
Approved
REFERENCE:
City of Bremerton
PURPOSE:
To identify the tasks and delineate responsibilities for the planting, care,
removal, and ongoing maintenance of municipal tree and shrub forestation
in the City of Bremerton.
INFORMATION:
The Urban Forestry Program aims to provide the following benefits to the
residents and community of Bremerton:
* Beautification
* Noise abatement
* Air cooling and purification
* Property value enhancement
* Information to the public on the value and need for healthy community
trees and shrubs.
POLICY:
The matrix below identifies the tasks that are required to support the
urban tree and shrub program. For clarification the program has been
broken down into the following three areas: 1) Park property 2) Street
trees (as defined by the attached map of areas within the Central Business
District) and 3) Trees and shrubs within right of ways. The letters on the
matrix refer to the following City Departments: P=Parks and Recreation,
PWO=Public Works Operations, E=Engineering, CBD=Central Business
District.
CBD RIGHTS
TASKS RESPONSIBILITIES: PARKS
TREES OF WAYS
Identification of Hazardous Trees:
Tree Health P P P
Vision Restrictions P/E P/E E/PWO
Pedestrian Hazards P/E P/E E/PWO
Obstruction or impairment of free use of public areas P/E P/E E/PWO
Interferes with underground utilities P/E E E/PWO
Tree Removal incl. repair of sidewalks & roads P PWO PWO
Tree Replacement (based on availability) P P P
Tree and Shrub Pruning P P PWO
Median Strip Planter Maintenance P PWO PWO
Public Education P P P
PROCEDURES:
PUBLIC CALLS ON TREE/SHRUB ISSUES:
1. Determine from the matrix above, which department should be responding to the call, based
on the location of the tree/shrub.
2. Write all information down on the "Tree Calls" sheet, and if necessary, route to the
appropriate department.
3. If consultation is needed on determining plant health, call the Parks Department and request
the urban forester's assistance.
4. If a tree/shrub requires pruning, contact the urban forester for consultation on minimizing
plant damage and maintaining tree symmetry.
DIVISION PROJECTS INVOLVING TREES/SHRUBS:
1. Keep communications open. If assistance is needed to determine the health, pruning, or
placement of trees and shrubs, call the urban forester.
2. Consult the attached "Recommended Street Tree List" when purchasing and/or replacing
trees.
SAMPLE "TREE CALLS" SHEET
Caller Name
Phone Number
Address Zip
Type of tree problem:
Location of tree:
Action requested:
Response given:
Date: Time: Your name:
Action taken:
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:PUblic Hearing/Ordinance FOR AGENDA OF: May 15, 1996
Street Vacation ORIGINATING DEFT: Dept. of Comm.,Dev.
Applicant: Star of the Sea ORIGINATOR. Jack Allingha~
2. CLEARANCES: (Comment on back if necessary)
Director of Comm. De_~a~: ~
Engineering Dep~ ' %~A~ ~J~
Operations C/~../4-i7-96 ~ v
City Atty.:_~J~.,~
3. EXHIBITS:
1. Planning Comm. Findings and Conclusions with application
2. Ordinance for vacation (Ordinance No. )
4.SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Our Lady Star of The Sea Parish is requesting approval of land use
applications to redevelop their school at its present location north of
Veneta Avenue between 5th and 6th streets.
In order to consolidate all the property needed for the project, the
Parish is requesting vacation of an adjoining alley way at the west side
of their property.
The planning Commission conducted a public Hearing on December 19, 1995
and has recommended approval of this request.
The city Council, as the legislative body, must hold a public hearing to
consider the Planning Commission's recommendation.
8. RECOMMENDATION:
The Planning Commission recommends approval of the alley way vacations.
And approving Ordinance, on first readin§.
TO Pass Ordinance on second reading.
9. RESPONSIBLE OFFICIAL: Donald Pratt
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE: N/A
REVIEW DATE: N/A
I'OA
10. NOTICE OF ACTION
PULLED / T~BLED / APPROVED / DISAPPROVED / AMENDED / DATE:
CLEAP~%NCE COMMENTS
11. AGENDA BILL NO.:
IMPACT OF NON-PASSAGE:
To the City: Non-compliance
Vacation;
with R.C.W. Chapter 35.79 - Street
®
IMPACT ON STAFFING, BUDGETS, FACILITIESm EQUIPMENT OR OTHER RESOURCES:
Additional staff time will be required to process the application
through City Council Public Hearing; ordinance processing (publication,
recording, accepting payment for R-0-W vacate, etc.)
RESEARCH SOURCES:
Planning Department File #SV-02-95;
BMC 11.20 Street and Alley Vacation procedure;
R.C.W. 35.79, Streets - Vacation.
ORDINANCE NO.
AN ORDINANCE VACATING THE ALLEY RUNNING NORTH/SOUTH BETWEEN
5TH STREET AND 6TH STREET, WEST OF VENETA AVENUE AND THE
EASTERN MOST 16.25 FEET OF THE ADJOINING EAST/WEST ALLEY.
WHEREAS, Our Lady Star of The Sea Parish, owner of two-thirds
of the abutting property of the requested portion of right-of-way
has initiated proceedings for vacation of a portion of the alley
running north/south between 5th street and 6th street, west of
veneta avenue and the eastern most 16.25 Feet of the adjoining
east/west alley; and
WHEREAS, notice has been posted and published according to law
and a public hearing held on May 15, 1995; and
WHEREAS, the Council finds that the portion of the right-of-
way set forth herein is not needed for present or future traffic
circulation and should be vacated because Our Lady Star of The Sea
Parish is reconstructing and dedicating for public use a comparable
alley way located approximately 60 feet further west as described
in Section 2 below; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following right-of-way are hereby
vacated to the adjoining property owners:
PORTIONS OF ALLEys IN BLOCK 1, PLAT OF PETER HESSER'S FIRST
ADDITION TO THE CITY OF BREMERTON, PER VOLUME 3, PAGE 38, RECORDS
OF KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT 30 FEET SOUTH AND 66 FEET WEST FROM THE
NORTHEAST CORNER OF THE WEST HALF OF THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP
24 NORTH, RANGE i EAST, W.M., THIS BEING THE POINT OF INTERSECTION
OF THE SOUTH MARGIN OF RIGHT-OF-WAY OF 6TH STREET AND THE WEST
MARGIN OF RIGHT-OF-WAY OF VENETA AVENUE; THENCE ALONG SAID SOUTH
MARGIN OF 6TH STREET N 89' 44' 30" W - 180.23 FEET TO THE TRUE
POINT OF BEGINNING; THENCE ALONG EAST MARGIN OF ALLEY, S 00' 01'
49" W - 220.66 FEET TO A POINT ON THE NORTH MARGIN OF RIGHT-OF-WAY
OF 5TH STREET; THENCE ALONG SAID MARGIN OF 5TH STREET N 89° 46' 30"
W - 14.00 FEET; THENCE ALONG WEST MARGIN OF ALLEY N 00' 01' 49" E
-103.33 FEET; THENCE ALONG SOUTH MARGIN OF ALLEY N 89° 45' 30" W -
15.50 FEET; THENCE N 00' 01' 49" E - 14.00 FEET; THENCE ALONG NORTH
MARGIN OF ALLEY S 89' 45' 30" E - 15.50 FEET; THENCE N 00' 01' 49"
E - 103.33 FEET TO POINT ON THE SOUTH MARGIN OF RIGHT-OF-WAY OF 6TH
STREET; THENCE ALONG SAID MARGIN OF 6TH STREET S 89° 44' 30" E -
14.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3306 SQUARE
FEET.
SITUATE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION
14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON,
KITSAP COUNTY, WASHINGTON. ~
Section 2. Conditions. This right-of-way vacation shall be
subject to the following conditions and deed restriction:
The applicant shall dedicated right-of-way for an alley
through 1 and 18, Block 1 and 5 feet of additional right
of way abutting the applicants property along Fifth
Street as more fully described and defined in Exhibit "A"
attached hereto.
Easements necessary for existing and future Utilities
shall be reserved.
Section 3. Effective Date. This
effective ten (10) days from passage
satisfaction of conditions of section 2.
vacation shall become
and publication and
APPROVED by the City Council on the first reading this
day of , 1995.
PASSED by the City Council of the City of Bremerton this
day of , 1995.
APPROVED this
JOHN LAW
Council President
day of , 1995.
~TTEST:
LYNN HORTON, Mayor
KATHLEEN L. MC CLUSKEY, CLERK
'4
i5
16
im
O
'Z
SIXTH STREET
°
q
FIFTH STREET
F~ND~W~S OF F~CT & CONCLUSIONS OF :LIt,lAND DECISION
Bre~erton Planninq Co~ss~on
REGARDING:
RIGHT-OF-WAY VACATION (SV-02-95)
PLANNING COMMISSION HEARING DATE: January 16, 1996
A. Applicatlon:
I. SUMMARY
Request for Vacation of right-of-way (R-O-W):
B. Applicant:
C. Location:
Alley way:
218 Ft. X 14 Ft. (approx.)
(3052 S.F.)
16.25 Ft. X 14 Ft. (227.5 SF)
Our Lady Star of The Sea Parish
1517 - 6th Street
Bremerton , WA 98310
Contact : Rice Fergus Architects (Dave Fergus)
The alley running north/south between 5th Street and 6th
Street, west of Veneta Avenue and the eastern most 16.25
feet of the adjoining east/west alley.
D. Attachments:
I. Right-of-way Vacation Application
II. Written testimony - 1 letter
B~SED ON TI~ RECORD DEVELOPED AT ~ PUBLIC N'~RING CONDUCTED ON
JX~Y 16, 1996 THE PLABI~IN~ COMI(ISSIONEI~TER~ THE FOLLO~IN~:
II.
BACKGROUND INFORMATION
Project Description:
Our Lady Star of The Sea Parish is requesting approval of land
use applications to redevelop their school at its present
location north of Veneta Avenue between 5th and 6th streets.
In order to consolidate all the property needed for the
project, the Parish is requesting vacation of an adjoining
alley way at the west side of their property. In exchange for
alley, the Parish proposes to dedicate and relocate the alley
at the west portion of their site. The new alley will be
constructed to city standards with 13 feet of pavement width
and an overall R-O-W width of 15 feet.
The Parish's school site plan hinges on City Council approval
of the requested R-O-W vacation and dedication of the
realigned alley.
zoning: Central Bremerton Residential
ComDrehensive Plan: The Comprehensive Plan Map Designation
for the site is "Medium-Density Residential" 8 to 18 dwelling
units per acre.
Street Vacations are exempt per WAC 197-11-800(2)(h).
Circulation:
Existinq Alley
Functional Street ......... NA
Classification
Right-of-way width ........... 14 feet
Pavement width ............... 14 feet
Number of lanes ............... 1
Surface type .................. asphalt/concrete
Surface condition ............. fair
Curbs & type .................. NA
Sidewalks & width ............ NA
III ·
COMMENT SURVEY
Enqineerinq Dept.:
(The following relevant
Engineering Department.)
comments are provided by the
Riqht-Of-Way:
Portions of an 8 Ft. wide sidewalk adjacent to 5th street is
located on private property. A sidewalk easement will need to
be provided. The proposed parallel parking on 5th St. shall be
open to use by the public.
Stormwater:
There are two existing catch basins located at the south end
/05
of the alley to be vacated which currently discharge to the
sanitary sewer system. The connections to the sewer system
must be plugged and the catch basins removed or relocated.
Any catch basins collecting stormwater in this area must be
tightlined to the storm system.
There is an existing stormline in the alley which flows east
and then south to the catch basin which discharges to the
sanitary sewer. This line must be tightlined to the storm
system and a maintenance easement provided to the City of
Bremerton if it is conveyed across private property. Surface
runoff from the alley must also be collected and conveyed to
the storm system.
Right-of-Way Vacation:
Legal descriptions are required for the proposed areas to be
vacated and dedicated which have been stamped by a licensed
Professional Land Surveyor.
Engineering approves of the proposed alley vacation. However,
it is recommended that the alley leg connecting to 6th street
be deleted.
Impacts to surrounding properties:
The vacation and relocation of the alley will create a
significant change in adjoining land uses to two abutting
single family residences to the west. The Wilsons located at
1521 6th St. and Soriano on 5th St. will be bordered by an
alley. Impacts to these properties can be mitigated with
landscape buffering and screening. The sight plan approval is
condition upon placement of a sight obscuring landscaped
setback a minimum of 5 feet in width and a minimum of 5 feet
in height to be provided along the west boundary of the
school's site.
IV. CRITERIA FOR ACTION
The granting of a right-of-way vacation is evaluated on the
following criteria:
A. Is there any public need to retain the right-of-way;
B. Will the public interest best be served by the vacation
of the right-of-way.
V. CONCLUSIONS
Public Need:
The area was platted several decades ago with relatively small
lot sizes mainly suited for residential uses. Most of the
blocks consist of two rows of 100 feet deep lots separated by
an alley. In order to consolidate enough land area suitable
for a modern educational facility, the abutting alley ways
need to be vacated.
Vehicular and pedestrian circulation can be maintained by
dedicating, relocating and continuing the alley to 5TH and 6th
Streets. With these provisions, the residential neighborhood
circulation pattern will be maintained. Therefore, there is
no public need to retain the current configuration of the
alley.
Public interest:
Allowing the R-O-W vacations will facilitate development of a
private educational facility, alleviating demand on public
school systems. Supporting the Parish's effort is in the
public interest.
VI. DECISION OF THE PLANNING COMMISSION
BASED ON THE RECORD DEVELOPED, THE BREMERTON PLANNING COMMISSION
AFTER CONSIDERING ORAL AND WRITTEN TESTIMONY, AND STAFF REPORT,
RECOMMENDS TO THE CITY COUNCIL APPROVAL OF THESE RIGHT-OF-WAY
VACATION PROPOSALS AS THE AREAS PROPOSED TO BE VACATED ARE NO
LONGER NEEDED TO BE RETAINED FOR PUBLIC RIGHT-OF-WAY NEEDS, AND,
T~AT THE PUBLIC INTEREST WILL BEST BE SERVED BY FACILITATING
DEVELOPMENT OF A PRIVATE EDUCATIONAL FACILITY, ALLEVIATING DEMAND
ON PUBLIC SCHOOL SYSTEMS. THE VACATION SHALL BE SUBJECT TO THE
FOLLOWING CONDITIONS:
The applicant shall compensate the City for the property
in accordance with City and State regulations.
2. Easements necessary for existing and future utilities
shall be reserved or relocated within the new alley.
warm O~SEN,
Bremerton Planning Commission
ExecUtive Secretary
4--
i0'7
APPLICATION FOR RIGHT-OF-~-AI VACATION
TO THE PLANNING COMMISSION & CITY COUNCIL OF THE Cr~v 0~'
APPLICA~NT: Our Lady Star of the Sea PHONE (Bus.) 373-5162
ADDRESS: 1517 - 6th Street (Res.)
CITY: Bremerton: WA ZIP: 98337
REQUEST: Right-of-Way Vacation Petition.
LEGAL DESCRIPTION OF PROPERTY to be vacated:
Tract: See attached
Area of
(attach additional sheets if necessary)
P~RCEL LOCATION: (Give brief description of geographic location)
Street Frontage: See attached
Adjacent or nearest street intersection: See attached
COMPREHENSIVE PLAIN MAP DESIGNATIONS,: MDR (NC directly to north
on Sixth)
CURRENT ZONING: CBR
SURROUNDING
North:
South:
East:
West:
Residential/ Commercial
Residential
Parish Church
Residential
/Of
Explain basis for request =o vaca=e surplus:
1. The adjacent gulti-purpose building is set back less than 10'
from 5th Street,
2, The reduction in the front set back is offset by a 20' +/-
voluntarf building set back from the'alley,
3, The reduction in the front set back provides more usable .~pace
D behind the building for an outdoor nursery play area,
escribe how this request is consistent with, but not limited to,
the Comprehensive Plan, Shoreline Management Master Program, and
other state and local laws:
The request is consistent with the requirements of the Comprehensive
plan and other state and local laws,
Describe how the public interest will best be served by this
right-of-way vacation:
,Allows construction of new school designed to replace the existing
school~ which will be demolished, This allows for more afficient
use of the properties,
List any easement and/or existing utilities either public or
private that abut or cross the proposed vacation.
City waterline~ under~round telephone~ overhead power~ storm
sewer drain, sanitary sewer.
Attach additional sheets if necessary.
PROPERTY O.WNERS: List names, mailing addresses of all owners of
the abutting property(s) that will receive vacated area property:
C{ty of Bremerton
CONTACT P~R$ON (to receive all correspondence, advisory report,
hearing notice, etc., by mail and to be primary phone and
correspondence contact):
Kice FerEus Architeats, Attn: Dave Fer§us
MAILING ADDRESS: 262 - 4th St. CITY: Bremerton
PHONE: (360) 377-8773 ALTERNATE PHONE (if any):
98337
KIP
IMPORTANT:
Please check application and attachments with the
Planning Department before filing.
ATTACHMENTS
Vicinity Map
1" = 100' scale Kitsap County Assessor's map copy with
the subject site in the center of the map. (Note: More
than one sheet of the assessor's map may be needed to
obtain proper "cenuering" of the subje6t site on the
assessor's map copy submitted with your application.
Letter from Title Company~ or list from County Tax
Assessor roles, listing the property from owners of
record and their addresses, within 250 feet of the
exterior boundaries of land involved.
Any other information that will define your proposal
including site plan, map of surrounding land uses and
zoning, etc.
IMPORTANT: Please check application and attachments with the
Planning Department before filing. A public hearing will be
scheduled only after a complete application, including all
attachments, is received. Additional supporting information may
be attached to this application as desired by the applicant or as
requested by the Planning Department.
! 5ER~BY STATE TLAT I AM THE APPLICA~T, OR AN AGENT FOR T~-E
APPLICANT, LISTED ABOVE: A~ND TEAT THE FOREGOING STATEMENTS AND
AN~ER~ ~ER~IN MADE, A~ND ALL INFORMATION AND EVIDENCE HEREIN
MADE, A~ND ALL INFORMATION A~ND EVIDENCE ~EtA~W!TH SUBMITTED APsE IN
ALL RESPECTS A~ND TO THE BEST OF MY- KNOWLEDGE. AND BELIEF, TRUE AND
COMPLETE. I UNDERSTA~ND THAT T~E FILING FEE ACCOMPANYING THiS
APPLICATION .IS NOT REFUNDABLE, IS ONLY FOR THE PUR3OSE OF
PARTi~r.r.Y DEFRAYING TEE NOR~LAL ADMINISTRATIVE EXPENSES OF
PROCESSING THE APPLICATION, AND THAT TEE PAYMENT OF SAID FEE DOES
NOT RESULT IN AUTOMATIC ISSUA~NCE OP THE PEP~IT REQUESTED IN THIS
APPLICATION.
Si~-~ture or-Applicant
Printed Name of ~pplicant
Date
Date
P~
{~ JJ
BP
PS
S~-) $ingle-~&mily Residential
PS Pa;ks ; SchoOls
oct. $, 1088
NOI:ITH-~
L-!'.FI,-~ u--=.e Der~Tll t
NOV41
-~EMERTON
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(/6
OUR LADY STAR OF THE SEA
1513 SIXTH STREET
BREMERTON, WASHINGTON 95337
Bremerton City Council
239 Fourth Street
Bremerton, Washington
98337
"R' CEIVEDCOUNCIL OFFICE"
DATE .~ - ! C - :? (.-
May 5, 1996
Re: Application by Our Lady Star of the Sea Parish,
for vacation of right of way.
I will be out of town on the evening of Wednesday,
May 15, 1996, when the alley vacation will be discussed
and acted upon. I have asked some members of our
parish council and building committee to attend that
meeting. Nevertheless, I would like to enter my own
statement in favor of this vacation.
There has already been extensive discussion of
this matter with the Bremerton Planning Commission,
including two appearances before that commission.
There have also been discussions with neighbors to
mitigate the effect of, essentially, moving the alley.
The two lots being exchanged for the present
alley, were purchased by Our Lady Star of the Sea
parish approximately twelve years ago. When it became
necessary to consider the building of a new school,
because of seismic deficiency of the current building,
it was logical and even necessary to consider how we
might incorporate these two lots, in our development,
by making them contiguous to our other property. It is
not possible to replace a school in the same space as
the current building. Current standards require that
the same amount of floor space, occupying three floors
in the old building, must be limited to two. Hence the
need to accomplish this alley exchange, in order to
continue with our project.
The completion of this project will essentially
allow us to continue the work we have done, in
education, for the past seventy years. Only now, we
can do it in a new and improved environment, with an
attractive building designed to blend, as much as
possible, with an otherwise residential neighborhood.
We are grateful for the assistance we have received
from various agencies, and will be most appreciative of
the Council's positive response to this application.
Sincerely,
/R?'v. Joseph P. MiCchel!
~astor{--
cc Rice Fergus
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: PUBLIC HEARING & ORDINANCE
To adopt an amended citywide Official Zoning
Map that is consistent with the Comprehensive
Plan and that meets GMA requirements.
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMI'I-FED:
May 15, 1996
DCD/Planning
Ron W. Hough
May 9, 1996
CLEARANCES~.~.. kif necessary)
City Attorn~ ',
3. EXHIBITS:
Dir. Comm. Dev.
Operations Comm.
Staff Report
Ordinance
Exhibit "A" (Zoning Atlas)
Planning Commission Minutes
ENDORSEMENT_ INFORMATION_ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REClUIREMENT FOR COUNCIL ACTION:
Bremerton adopted its revised Comprehensive Plan in April 1995, and re-adopted it by Ordinance No.
4545 on February 21, 1996. The next step in this process is to make our development regulations
consistent with the Comprehensive Plan, as required by the Growth Management Act.
The Planning Commission and staff have drafted corrections to the Zoning Map. Most of the
corrections are minor, but affect properties citywide. Rather than process many small changes to the
Official Zoning Map, the Planning Commission has forwarded a recommendation that the City Council
adopt the revised Zoning Atlas, which is attached as Exhibit "A" to the accompanying ordinance.
8. RECOMMENDATION:,
City Council approval of the attached Ordinance on first reading.
City Council passage of the Ordiannce on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Donald L. Pratt
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE:
DATE:
'11. AGENDA BILL NO:
AMENDED
1OB
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Consistency between the Comprehensive Plan and development regulations is a State requirement.
is also necessary for the predictability and implementation of the Plan. Some property owners who
requested Plan amendments are now waiting for their zoning to follow. Correction of these
Plan/Zoning map inconsistencies will help expedite new development and minimize complaints.
Non-passage also means we are out of compliance with GMA and open to appeals or other related
problems. The Anderson Creek appeal was relatively minor, but the process took nearly ten months
and cost the City hundreds of hours of staff time and legal expenses. We don't want to do that again if
we can help it.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES:
No anticipated adverse impacts. The new Zoning Atlas is easier to read and use, will eliminate
legibility problems that exist with the old Atlas, and will make it easier to discuss zoning issues with the
public, other City departments, other agencies, etc.
7. RESEARCH SOURCES:
ZONING MAP
AMENDMENTS
Prepared by: Ron W. Hough, Planning Manager --- Department of Community Development --- May 7, 1996
BACKGROUND
The recently revised Bremerton Comprehensive Plan was adopted on April 5, 1995. The Plan
was appealed in July, 1995 to the Growth Management Hearings Board. In December 1995, the
Hearings Board issued its Final Order, requiring the City to make several minor text and map
amendments to achieve "internal consistency". Those changes were made during January and
February. Soon after its compliance hearing on April 3, 1996, the Hearings Board issued its final
conclusion that the Bremerton Comprehensive Plan was in compliance. Now that the Plan has
survived this test, we can move on to bring related regulations into consistency.
The Growth Management Act (GMA) requires all development regulations to be consistent with
the Comprehensive Plan, so that the Plan will be implemented. Staff has identified several
minor map and regulation conflicts between the Plan and Zoning Ordinance and has drafted the
amendments needed to correct these problems. The amendments were first prepared for study
and discussion by the Planning Commission. Following several months of study and its final
public hearing on April 16, the Commission recommended the revised Zoning Map and three
chapters of Zoning Ordinance text for City Council approval and adoption.
THE DEVELOPMENT CODE
The Comprehensive Plan is implemented most directly through zoning, but several other
ordinances and standards work together to achieve different purposes. While our first priority is
to amend the Zoning Ordinance and Map, the ultimate objective is to bring several of the related
regulations together in a coordinated "Development Code" that would be easier to understand
and administer. At least the following areas would be covered in the Development Code:
-va Zoning
va Land Divisions (short plat, subdivision, boundary line adjustment)
va Street and other minimum development standards
va Critical Lands
Environmental Review (SEPA)
Shoreline Regulations
1
APPROACH TO ZONING AMENDMENTS
The City's Zoning Ordinance contains eleven sections, each of which is in need of review and
fine-tuning. The last major review and amendment was done in 1988. Through its day-to-day
experience over the past eight years, staff has accumulated a list of problems and opportunities
for improvement that can now be used to improve the code.
Rather than attempt a major revision of the Zoning Maps and entire Ordinance all at once, we are
moving through this exercise one step at a time and toward the following objectives:
Achieve consistency with the Comprehensive Plan.
The Zoning Map must be updated to do this.
Streamline the Permit Process.
Reduce the number of steps involved and time required to process. Include ESHB 1724 changes.
Clarify and Simplify.
Update definitions of terms. Weed out unnecessary requirements. Reduce text. Produce more
public hand-outs. Simplify the administration of the code.
Integrate new ideas and improvements.
Be creative and encourage innovation in new development. Give the regulations enough
flexibility to allow new ideas to work.
Move toward a "Development Code".
Draft all amendments so that they'll fit into a coordinated Development Code format.
ZONING MAP AMENDMENTS
The most immediate concern was to revise the Zoning Maps to remove inconsistencies. The
Zoning Atlas was used because it was easy to work with and a reproducible size.
Approximately 100 properties throughout the City were proposed for significant zoning changes.
These were changes in major categories, such as from residential to commercial, or industrial to
residential, etc. Personal notices were sent to the owners of these properties. A few owners
responded and attended Planning Commission public hearings. The Commission made some
adjustments to the staff proposals based on that testimony. Following study sessions, the
Commission conducted public hearings on February 20, March 19, and April 16, 1996, before
forwarding the maps to the City Council for approval.
The following three controversial areas were discussed during the Planning Commission's
review:
2
Montgomery_ Avenue: The east side of Montgomery, between Sixth and Ninth Streets
are proposed on the Comprehensive Plan to eventually transition from residential to
business. The proposed zoning would have changed seven small lots from "Duplex
Residential" to "General Business". A couple property owners from that area pointed
out that the area is currently residential, has a residential future, and convinced the
Planning Commission that the zoning should remain residential a while longer, until such
time as the area is ready to convert to commercial. At that time, the commercial Comp.
Plan designation will allow the smooth transition to conunercial zoning.
3
Marlow at Wheat0n Way: A small triangle of"General Business" zoning exists in
East Bremerton, bordered by Marlow, Wheaton and E. 14th Street. Three small lots are
within the triangle. Each has a building, two of which are small businesses. A residence
lies between the businesses. The staff proposal was to remove the "GB" zoning and
allow the three lots to be absorbed in the surrounding "Mixed Residential" zone. The
two existing businesses would be allowed under the "MR" zoning and would not become
nonconforming uses. By removing the "GB" zone, this residential area would be spared
from a number of potentially incompatible uses allowed in that zone. The Commission
agreed and the area is now proposed for "MR" zoning.
4
o
Warren Avenue at Clare: Clare is an off-ramp for northbound Warren Avenue traffic.
At the top of the curve are two small lots. One is vacant and the other has a duplex. The
vacant lot was zoned "Professional Office" several years ago but was never developed.
Because of the less-than-ideal location for any kind of business, staff recommended that
the "PO" spot zone be removed and the lot be included in the "Multi-family Residential"
zone. Considering the location and very difficult traffic pattern, the best future for this
lot may be in combination with a neighboring "MF" lot rather than as a free-standing
business. The Planning Commission agreed and the lot is now proposed for "MF".
MR'
[~0 t~LVl~'
SHERIDAN
COMMUNI T Y
TER
AN
PARK
5
ZONING TEXT AMENDMENTS
The Zoning Maps show where "zones" are applied throughout the community but don't provide
much information about the zones. The Zoning Ordinance text provides the detailed
descriptions of the zones, lists of allowed land uses, procedures for land use permits,
development standards, and other necessary information.
To help ensure that the maps will work properly, three closely-related chapters of the Zoning
Ordinance text were also updated and recommended for Council approval. These will be the
subject of a public hearing on May 22:
Chapter I:
Chapter II:
Chapter V:
Introduction
Definitions
Zoning Districts
RECOMMENDATION
The Bremerton Planning Commission recommends City Council adoption of the revised Zoning
Atlas, as attached hereto as Exhibit "A".
6
ORDINANCE NO.
AN ORDINANCE adopting the revised Official Zoning Map
of the City of Bremerton, Washington.
WHEREAS, major revisions to the Official Zoning Ordinance and Map for the City of
Bremerton were adopted in November 1988; and
WHEREAS, the City of Bremerton adopted a revised Comprehensive Plan on April 5,
1995, in compliance with the Growth Management Act; and
WHEREAS, the Plan amendments have created inconsistencies between the Plan Map
and Zoning Map that must be corrected to comply with the consistency requirement of the
Growth Management Act; and
WHEREAS, all areas of the City have been reviewed, Plan/Zoning map conflicts noted,
corrective proposals drafted, the City's Zoning Atlas updated, and a SEPA Determination of
Nonsignificance issued on February 13, 1996; and
WHEREAS, public hearings were conducted by the Bremerton Planning Commission
on February 20, March 19, and April 16, 1996, prior to making its formal recommendation to the
City Council for adoption of the new citywide Official Zoning Map; and
WHEREAS, the Bremerton City Council conducted a public hearing on May 15, 1996,
to accept public comments pertaining to the proposed zoning amendments and considered the
Planning Commission's recommendation; now, therefore
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Official Zoning Map of the City of Bremerton, as attached hereto as
Exhibit "A" (Zoning Atlas), consisting of 11 pages, is hereby adopted.
Section 2. The Official Zoning Map of the City of Bremerton, adopted in November
1988, and all subsequent amendments, are hereby repealed.
APPROVED by the City Council on the first reading this
day of ,1996.
PASSED by the Bremerton City Council this
,1996.
day of
APPROVED this
JOHN LAW, President
Bremerton City Council
day of ,1996.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
PLANNING COMMISSION MEETING
UNAPPROVED DRAFT
April 16, 1996
The meeting began with the Secretary calling the roll: Those present were:
Chairman Olsen. Vice-Chairman Stone. Commissioners Hancock. Dingfield. Boy& Ada.ms, ami
Robinson.
Staff Present: Ron Hough, Jack Allingham. and Marylyn Waibel.
Chairman 01sen asked if there were any additions or deletions to the Agenda?
Commissioner Dingfield requested that two items, Resolution 01-96 and 02-96 regarding the size
of the Planning Commission and amendments to the by-laws be added to New Business.
Commissioner Dingfield moved for approval of the agenda as revised. Seconded by
Commissioner Boyd. Question: Boyd, yes: Stone. yes; Robinson, yes: Hancock, yes; Adams,
yes; Dingfield: yes. Olsen, yes. Motion passes,
Chairman 01sen invited Mr, Mentor to address the Commission.
Mr. Mentor presented a letter (Exhibit 1) to the Commission. Mr. Mentor wanted to inform the
Commission of his intentions to be at the next Planning Commission meeting in May to discuss
his appeal of the site plan review for his proposed apartment complex at 5670 Kitsap Way.
Public Hearings:
Chairman Olsen asked the appearance/conflict questions. No response.
Hearing #1, Shoreline Conditional Use Permit:
Jack Allingham presented the staff report for Dr. James T. Clemen, applicant, to consider
approval of a Shoreline Permit to construct a private recreation dock (Exhibit A) on Kitsap Lake.
Location of proposed project, 1289 Lakehurst Drive NW, Bremerton. Planning staff
recommends approval of the application.
Chairman Olsen asked if there was any written testimony. The Secretary responded no.
William Palmer, Land Use Planning Consultant, representing Dr. Clemen, reiterated the project
(Exhibit B) and requested Commission approval. Also, advised the Commission that they had
already received Fisheries Approval.
PAGE - 1-
Commissioner Robinson questioned
Mr. Palmer responded
it is a green chemical
term "Cheminite".
was misspelled and it should be "Cen)onite", explaining that
which is applied to the wood under pressure.
Commissioner Adams
all over Kitsap Lake.
her concern with regard to the
effect on having docks
Jack Allingham
controls the accu
that the City has specific standards
effect.
- no
requested public input in favor --
Hearing closed to public.
and length of docks, which
against -- no -
called attention to
with regard to the comment: "q
and will be a hazard to navi
report, page 5, item 7
proposed dock complies with
if it was
length
responded that it
navigation.
t and should state that it
Commissioner Stone
by the applicant?
the City has a source to
Jack Allingham stated the City would accept
information was incorrect and appealed by
party.
Chairman Olsen
into the record.
uested that "Exhibit B" which
not" be a hazard
depths that are presente/
/
/
an as correct, unless/ the
/
colored design of the
entered
ml
1 All
Hearing #2, Zoning Ordinance:
Ron Hough presented that staff report to consider amendments to the Bremerton Zoning
Ordinance pertaining primarily to definitions and zoning district standards.
Chapter I, changing the zoning ordinance to the development code. Chapter II, definition
changes and adding 40 new terms. Chapter V, zoning districts, adding new Sections 2, 3, 4,
Zone Summary Table, and revising the Lot Requirements Table, revising Land Use Tables, and
revising Section 8.
PAGE -2-
~ presented a letter from Jon Rose. Pope Resources, outlining several comments on
the changes.
Commission discussion followed regarding the suggested changes.
Hearing Closed.
Chairman Olsen asked if there were any corrections or amendments to the minutes of March 19,
1996.
Commissioner Stone moved for approval of the minutes and seconded my Commissioner
Dingfield, Chairman Stone stated that the minutes are approved as presented.
Call to the Public: None
New Business:
R0n Hough presented the staff report on Zoning Amendments Recommendation, to approve a
recommendation to the City Council regarding proposed amendments to the Official Zoning Map
and specific chapters of the Zoning Ordinance.
Motion by Commissioner Dingfield moved that we recommend approval to the City Council the
following Zoning Ordinance and Zoning Map Amendments: Exhibit 'A M: Official Zoning Map,
Exhibit "B"' Revised Chapter I: Introduction. Exhibit "C": Revised Chapter II: Definitions,
Exhibit "D": Revised Chapter V: Zoning Districts including all of the changes that were
discussed this evening and recommended to the tables and various other parts. Seconded by
Commissioner Hancock. Question: Adams. yes; Dingfield: Boyd, yes: Stone. yes: Robinson.
yes; Hancock. yes: Olsen, yes. Motion passes.
Ron Houeh prese~ed HNotes for the Planning Commission," including the Kitsap County
Comprehensive ~an Schedule, Chair and V)ee-Chair meetin,g with the Ma), 'r has been changed
to Friday, Fijfding of Compliance rej~'grding Bremerton s Compre. q, htm ive Plan, and the)
Compreh~e Plan Amendments/~dule.
Ron Hq~h presented the staff pftgress report for the Harrisop/District Plan, including n~eting
sum!~rffrom March 25, 19~6, Map of Existing Land Us~Map of Identified Traff/ff Issues,
/M~of Land Use Oppo~nifies and Campbell Wa~y~.e lopment Concept. ~
/Commlssion discuss~ollowed regarding the/~c issues.
( Committee Report~. /
Chairman Ols. n~ /
disc)lS/sed the conflict of inte~ ue. The courts have/d/etermined that the major ca)}~re
of/fi conflict would be finan( /
/ PAGE -3- ,/ /