HomeMy WebLinkAbout11/01/2006 AGENDA
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CITY COUNCil 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
NOVEMBER 1, 2006
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCil STUDY SESSION: 5:00 - 5:30 P.M. in COUNCil CONFERENCE ROOM 603
A. General Council Business
2. CAll TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-227)
B. Appointment of John C. Hassett to the Public Access Citizens Advisory Committee (#AB06-228)
C. Reappointment of Wanda Butler; and Appointments of William North, Richard Nerf, and Terry
Boyle to the Parks & Recreation Commission (#AB06-229)
D. Contract for Supplemental Police Services with Bremerton Housing Authority (BHA) for Westpark
(#AB06-230)
E. Budget Amendment request for the Parks & Recreation Department to construct a Greenhouse
at Stephenson Canyon and to replace damaged trees in the Gateway (#AB06-231)
F. Resolution No. 3013, appointing Council Member Brad Gehring as a representative to the Public
Transportation Improvement Conference (#AB06-232)
G. Staffing Request for the Department of Community Development (#AB06-233)
6. GENERAL BUSINESS
A. Lease Agreement with John Bremer and Edward Bremer Consolidated Trust for the Municipal
Court (#AB06-237)
7. PUBLIC HEARINGS
A. First of Two Public Hearings on Lease Agreement with Claremont East Retirement Apartments
(#AB06-234)
B. Public Hearing and Ordinance No. 49S4 4985, adopting the 2006 Comprehensive Plan
Amendment Docket (#AB06-235)
C. Closed Record Hearing and Ordinance No. 498& 4986, approving a rezone that will correct a
mapping error for the property at 4475 Birch Avenue West (#AB06-236)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCil BUSINESS MEETING
rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME,BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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T Kitsap Family
· YMCA
"The family everyone can be a part of"
City Council Update - Nov 1, 2006
1) Military Fall Festival was held this last weekend, showcasing the many agencies and services
available to active military families in the area. As an Armed Services YMCA, we were a
sponsor, through the Silverdale Military Affairs Committee, and an exhibitor, providing
reduced rates and no joining fees for active military personnel and their families.
2) One of the most popular programs is "Military Date Night" on the first Saturday of each month
from 5:30 to 9:30 pm - and it is this Saturday, the 4th of November. Active Military couples can
drop-off their children for a much needed night out for only $3 per child per hour, or even less
with a pre-purchased punch card.
3) November is Military Family Month at our Armed Services YMCA and there will be several
different activities, including Art and Essay Contests, that will go on during the month; please
check our website for more information.
4) I must always mention "Teen Late Night", our award winning teen program, is EVERY Friday
night from 8:30 to 11 pm and it is just $5 for non- Y member teens. Many activities are
available - swimming, hot tub, basketball, dodgeball, to name a few - and it includes pizza and
pop in the cost.
5) I also mention "Splash & Jam," our great program for families with children of all ages on the
third Saturday of the month - which is the 16th of November. Last month we had 240 children
and adults in attendance.
6) Finally, one of our major events of the year, the Harvest Social for YMCA members and
guests, was held on Thursday the 26th. It was the biggest ever, with over 350 children in
costumes and more than that number of parents accompanying/them. I was sorry to see that
none of you used your three-day pass given to you last month to attend that outstanding event.
Provided by Mike Walton, Marketing Director
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # {)!o-S?2 7
5A
..............................a..a...............m...........................maa.e.m.a..
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
II-i-(Jrb
Financial Services
Cathy Johnson
FISCAL/BUDGET: I CONSENT AGENDA [gJ I
OPERATIONS: ~#
COUNCIL PRESIDENT: ~.pl~ ,?:;;--.-vrv7
RECOMMENDED MOTION: Move to approve:
1) Check #'s ~/;} 3~3 - 3/;).l.fg)
EFT's ~3;;<'7 ~9 339'
2) Regular Payroll for
3) Retiree Payroll for
/0 ~ 3/--()G
COUNCIL ACTION: ~pprove . 0 Deny
$ {PC&', 25"53,90
-
$
$
?/153~, Cf3
,
o Table
o Continue 0 No Action
DA TE SUBMITTED: October 13,2006
BILL#~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
...............a.........................................................m..........a...
SUBJECT: Appointment to the
Public Access Citizens Advisory Committee
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
001- ,;l S-, .:).. 0 0 G?
NDV'€.kr~" Tj, ;).0 0 cp
,
Executive
Mayor Bozeman
473-5266
SUMMARY:
There is a vacancy on the Public Access Citizens Advisory Committee and it is recommended John C.
Hassett be appointed to that vacancy.
ATTACHMENTS:
Applications for reappointment.
FISCAL IMP ACTS (Include Budgeted Amount): n1a
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to confirm the appointment of John C. Hassett to the Public
Access Citizens Advisory Committee.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
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APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted
before any action is taken on your appointment. .
(Please ~or print clearly) ..,. ,.. ..' '. . . DATE: I c;h;/O c;, . ,
NAME: -__):::-.>/L'l/L.C.-. .!?1<..S7:ff.t-- HOME PHONE:'~f:C)>.:~7?-'&7 35
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HOME ADDRESS: ~~ j ..s ../1-'-:; tv ci S L~4 (;' Bt2.t;f1'\ ST A TEU!.I-} Z,IP CO~E .!8 '3. i_C'!
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LOCAL REFERENCES (name & phone number):
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I AM INTERESTED IN SERVING ON (please check one or more):
( ) Disability Action Committee ( ) Planning Commission
( ) Civil Service Commission ( ) Parks & Recreation Commission
( ) Ethics Commission ( ) Citizen's Commission on Council
Salaries
Parking Advisory Board
( ) Solid Waste Management
Bremerton Housing Authority
Public Access Citizens Advisory Committee ( )
Community Development Block Grant
Advisory Committee
Arts Commission
( )
()
,Is this an application for reappointment? It(:.)
If yes, how many years have you served on this commission/committee?
( ) Other
PIp-a~p-tlJm nanp- -4
WHY ARE YOU APPLYING FOR THIS APPOINTMENT?
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HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK
FORCE? IF YES, PLEASE LIST: j/lL .,__
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PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES,
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WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS. SPECIAL
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DATE SUBMITTED: October 13,2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # ~f
5C
........................................................................................
SUBJECT: Appointments and
Reppointment to the Parks and Recreation
Commission
Committee Meeting Date: Oc+:- as-, d-oO (0
COUNCIL MEETING Date: No t!J 'V embe,y 1 I ~o <:0
Department: Executive I
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY:
Wanda Butler's term on the Parks and Recreation Commision has expired and it is recommend she be
reappointed to another term.
There are also three vacancies on the Parks and Recreation Commission and it is recommended the
vacancies be filled by Willliam North, Richard Nerf, and Terry Boyle.
ATTACHMENTS:
Applications for reappointment.
FISCAL IMP ACTS (Include Budgeted Amount): n/a
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
C;~
~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA p(j
RECOMMENDED MOTION: Move to confirm the reappointment of Wanda Butler to the Parks
and Recreation Commission.
Motion to conf~rm the appointments of William North, Richard Nerf and Terry Boyle to the Parks
and Recreation Commission.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Application For City Boards/ Commissions/ Committee
Note: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before allY
action is taken on your appointment.
(Please type or print clearly)
Date: <../, ',' :.1
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Local References (names and phone numbers):
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Bat' (\. f-'L rv/. ). .t- c tl E..L L.- Dl r"'e.c.t'(',,- ),/, \~(t. ':;:, l).;:" ~tk. r- e__ .-32'"3 -Lf<f:?(DL.
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I am interested in serving (please check one or more):
o Disability Action Committee
o Civil Service Commission (18 yrs. and older)
o Urban Forest Committee
o Public Access Citizens Advisory Committee
o Community Development Block Grant Advisory Board
o Youth Council
o Safe Streets Steering Committee
o Board of Appeals, Housing/Building Codes
o Other
D Planning Commission (18 yrs. and older)
~ Parks & Recreation Commission
D Ethics Commission
D Parking Advisory Board
D Mayor's Select Committee on Law Enforcement
o Bremerton Housing Authority
o Solid Waste Management
o Citizen's Commission on Council Salaries
Is this an application for reappointment? 'y/
If yes, how many years have you served on this commission/committee?
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City Appointment Application
Page I of2
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Why are. ~O~~~Ply~g fo~, this appointment? ~.~),. i/iJl_-',ejL.-b~~ .~t -~'7.\'"'~:;t", ~;~=; ll:~a~~:,:~;':-1 ~:.~';;~;_, (.1 ~-~~-~~:~-
~:J r 1:.:') C\ Y''-t 11'\ - (.\/'{ c~ \1 ~". \~:') I v--;'> (S" ~.-' () \"h c: 1 \ ~ r ,t r '- " )
Which of your personal and/or professional interests prompted you to apply for this appointment?
i\,- i'~t.-rl{ ,,/_77 ..d.~.' ...c?,.~......." il,_, <"..:' j~-. ,~r<.;'n 'I <~-;j t~~--(.J ,Y"1-t.",-,"u"./ /:~,',','\)"
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Have you ever served on any other Bfemerton Board, Commission, Co~mittee or Task Forcef If yes,
please list: --
Please list your quali!icat~o."--~",~or th~s appoin~ment (incl~des~il\ls, ~ctivities, trainin,g',~d?~~t~o~t- ~1>1I0~{.
t:9 .t....."" ee:'!.. ~J...A,-,t:..fr-.....at \ ~,A,{.,-/Ir._i../.._ y,..... \..L:.f.'vL-L-L '\- fhl~2.L-I~_A\Q..tC~ ,,- -iJ [/ ';l ~ Y'(ir$_t,f'
Wh~t are y~ur,comffiunity i~terests (committ~~s, organizations, special acti~ities)? Pd~./.t/u d"'rL-hoct
::/(?:1'-?--z-<.'Y< 241.4-;;<-1..;1:. .' / """,~" ....<:. .,-" '-.', .--"" /" ..-: ....., 7~i~/.;/<.Ctr.<'1 It, >;z;, ~ J J ,'/ '. /. <-~
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We welcome your willi~ess to serve Bremerton. For more1nformation please contact the Mayor's Office at
(360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please retum the compieted
fonn to: Mayor's Office, 345 6th Street, Suite 600, Bremerton W A 98337.
City Appointment Application
Page 2 of2
Application For City Boards/ Commissions/ Committee
Note: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before any
action is taken on your appointment.
(Please type or print clearly)
Date: elll lIe (;,
L \~, /
Name: 0 [J.~ 1.- I f11l'vl (811- J.. ') 1;'5(,1' ~ tv d (<.i1-+
FIRST MIDDLE LAST
Home Address:
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NUMBER
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STREET
Home Phone: (JbD) '7 jj d - )4' ;14'
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STATE
B\l~ f'IISlt rc J q ff '3 j G7
CITY ZIP
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Occupation: 12 ~",,~I~-'~ I \!A-\!j),-'\-- Orrlt,~t Employer: trf):Il.h-J( r fit. V L'
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Work Address:
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NUMBER STREET
ZIP,
Work Phone: ( ,."'.-,....~L._.-.,
Fax: ,..,,{-.......-J-.....--.>'
E-Mail: h~Mt.nt- I X,/7 @iitit~Jl. A\C.'
STATE
CITY
Local References (names and phone numbers):
:r 0 H tJ tv 1 d (L 6-'~ j If rT()J2. #.) c'1 c;. 4' :} - L-J () f.i'(!; ( ') ell)
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S'rl,;a I F~ S'T-P--tfE- (3.CJ yElL (j G 6) ') '1'1 - ry j6l
I am interested in serving (please check one or more):
o Disability Action Committee
o Civil Service Commission (18 yrs. and older)
o Urban Forest Committee
o Public Access Citizens Advisory Committee
o Community Development Block Grant Advisory Board
D Youth Council
D Safe Streets Steering Committee
o Board of Appeals, Housing/Building Codes
o Other
D Planning Commission (18 yrs. and older)
[!2] Parks & Recreation Commission
D Ethics Commission
D Parking Advisory Board
D Mayor's Select Committee on Law Enforcement
D Bremerton Housing Authority
D Solid Waste Management
D Citizen's Commission on Council Salaries
" (
Is this an application for reappointment? IV{j,
If yes, how many years have you served on this commission/committee?
City Appointment Application
Page I of2
il-, ?. ?t:",
Why are you applying for this appointment? .:~J -1.;-*!:./l{,.(,~ ~1'\ /J/""'rr,''''' ~ /\A--'~
(" C'l/'-"<--v"YV\''''''''';';:Cif 4.,j Ji-ti1' .:) <!.d"'\A .
Which ,of your per~.ona} and/or professiocral i~tere.sts_.'prompte<J.Y9u ~o ~pp'ly/or this ~ppointment~ ~ :; (
l:L/ i/P'" i"lrh.;'3 ,-~,J..(::flL1","~'VJ \.~ \LCX"-\.\'L/",,..'W-atvt'..:;to...,,,y .{-e.~Ltv".L? J c.''--'""''-.ty .*(..J..~........
Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes,
please list: f./[;:} ,
Please list your qualifications for this appointment (include skills, activities, training, education):
M'~1gf;l~ cJ r c.. it.. -:;1"0 Fll1'/l~./t'/~ L(.l'V\ N. iTT6c J 'Ie s. 'r,,' i OR C/Lt-/S' i 1 ic
What ~re your ~ommunity intere~ts (committees, organizations, special activiti~s)? '._'
J} Jl~ ": ,c_e',:vt:~"~~j~t,.~-e\..r ,.~, ../Vl-i.-if.: e.ev~~L-u.."V~ . (a~~c:,
+ ;'LU-tu.. {L{J (A _~~'-v~ ..vv~t.l'(1N"wU.::..,.. (/~-.. I ~Q 1'i--e~,;.9 J ~'~i1. JCL-~~.
We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at
(360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed
form to: Mayor's Office, 345 6th Street, Suite 600, Bremerton W A 98337.
City Appointment Application
Page 2 of2
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted
before any action is taken on your appointment.
(Please type or print clearly) DATE: Cf /2.0/0fo
.
NAME:-5<lel4:PrRb ~ ~€RF HOME PHONE: 7qd--2.2'4~
HOME ADDRESS: IG,OQ f1A't>RoIJA 'H,/--'T t::::R11IG" STATE k)/t ZIP CODE tt8~ I ~
OCCUPATION: 12ErtReD H+,(Sl~~T EMPLOYER: S'UEU_ E-t? IEC.""tJOL(l:)C,.y ~.
WORK PHONE: E-MAIL: RC3tVE~JR @(!()lteAsr:NmAX:~2-030<O
BUSINESS ADDRESS:
EDUCATION: 13<; ?>>,<Stes -PRDv'tK~CE CnLLEG~ {t:j('G;
1>k b 1>l-\-'(SLCS Coll)t\e/~ lJIJIVE(?.S,.r"r ,CJ 7t.f
LOCAL REFERENCES (name & phone number):
let-.> OVERSOIJ 41'1 -Ja'i5"
-1)DtJ l:)l~rfL 377-~t9 ,
()
()
I AM INTERESTED IN SERVING ON (please check one or more):
() Disability Action Committee (VPlanning Commission
() Civil Service Commission (Parks & Recreation Commission
( ) Ethics Commission ( ) Citizen's Commission on Council
Salaries
( ) Parking Advisory Board
( ) Solid Waste Management
Bremerton Housing Authority
Public Access Citizens Advisory Committee
Community Development Block Grant
Advisory Committee
Arts Commission
()
()
( ) Other
Is this an application for reappointment? Ala
If yes, how many years have you served on this commission/committee?
Please turn page 0
WHY ARE YOU APPLYING FOR THIS APPOINTMENT?
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WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY
FOR THIS APPOINTMENT:
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'PAR-nc..uLJ\RL't' WITH RESPECT TO Ot>E"tJ SPA-CE AIJ'D NPrTU(CAL.. ARE hs' .
HAVE YOU SERVED ON ANY OTHER BREMERTON. BOARD, COMMISSION, COMMITTEE OR TASK
FORCE? IF YES, PLEASE LIST:
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PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES,
TRAINING, EDUCATION):
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WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL
ACTIVITIES)?
Jl~ -PRES~D~tJr K tT'SAP MAC. \J'5cR~ (;.Rt)UP
V()Ll)#Jr~ER... STEWPrn.t) GREIff" ?EJJtAJt;;lJLA CD6JS6f<.,VA /JCer
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Application For City Boards/ Commissions/ Committee
',;_~_t _..,'.}"
. c',' ~ _ i~
Note: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before any
action is taken on your appointment.
"0'_\ ,-.:;:;:.",-"
(Please type or print clearly)
Date: August 28, 2006
Name: Terry
FIRST
L.
MIDDLE
Boyle
LAST
Home Address: 2623 Terrace Street
NUMBER STREET
Occupation: Child Therapist
Home Phone: (360) 782-0767
WA
STATE
Bremerton
CITY
98310
ZIP
Employer: Center for Child and Family Therapy
Work Address: 7500 Old Military Road
NUMBER STREET
Work Phone: (360) 698-9258
WA
Bremerton
CITY
98311
ZIP
STATE
Fax: (360) 698-9294
E-Mail: tboyle2623@msn.com
Education:
MA-Antioch University 1984
Local References (names and phone numbers):
Joan Dingfield
Anna Laurie
Karl Hadley, M.D.
I am interested in serving (please check one or more):
D Disability Action Committee
D Civil Service Commission (I8 yrs. and older)
D Urban Forest Committee
D Public Access Citizens Advisory Committee
D Community Development Block Grant Advisory Board
D Youth Council
D Safe Streets Steering Committee
D Board of Appeals, Housing/Building Codes
D Other
D Planning Commission (18 yrs. and older)
~ Parks & Recreation Commission
D Ethics Commission
o Parking Advisory Board
o Mayor's Select Committee on Law Enforcement
o Bremerton Housing Authority
o Solid Waste Management
o Citizen's Commission on Council Salaries
Is this an application for reappointment? no
If yes, how many years have you served on this commission/committee?
City Appointment Application
Page I of2
Why are you applying for this appointment? I am committed to making Bremerton a liveable city and want
to get involved in the community.
Which of your personal and/or professional interests prompted you to apply for this appointment? As a
therapist, I see the need for families to have wholesome recreational facilities as essential to Bremerton's future.
Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes,
please list: No
Please list your qualifications for this appointment (include skills, activities, training, education): I have
served on various boards relating to community affairs for the past 20 years. I am a therapist and an Instructor
in Marriage and Family Therapy. I have been on the boards of the Dispute Resolution Center and Northwest
Psychological Network. I am interested in seeing that Bremerton becomes the destination for families in the
Westsound.
What are your community interests (committees, organizations, special activities)? I am interesteq iu
working on the Parks and Recreation Board .
We welcome your willingness to serve Bremerton. For more informati,on please contact the Mayor's Office at
(360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed
form to: Mayor's Office, 345 6th Street, Suite 600, Bremerton'W A 98337.
City Appointment Application
Page 2 of2
DATE SUBMITTED: October 11, 2006
BILL # DiD - ~3v
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
50
........................................................................a...............
SUBJECT: Bremerton Housing Authority
Contract for Supplemental Police Services
with the City of Bremerton Police
Department
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
10-25-2006
11-01-2006
Police
. Chief Rogers
473-5750
SUMMARY: The City of Bremerton Police Department has a contract with the Bremerton Housing
Authority to provide police service for the Westpark Housing development. The new contract
identifies financial terms, specific services and community policing requirements. The contract
begins November 1,2006 and is through September 30,2007.
ATTACHMENTS: 2006/2007 Contract for Supplemental Police Services
FISCAL IMPACTS (Include Budgeted Amount): The Bremerton Police Department dedicates one
Patrol officer to support the contract for one year. The BHA funds the full-time officer and services
according to the contract.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
I CONSENT AGENDA ~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the 2006/2007 service contract with the Bremerton
Housing Authority to support community policing services in Westpark Housing and authorize the
Mayor to finalize and execute the contract with substantially the same terms and conditions as
contained in the proposed agreement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
CONTRACT FOR SUPPLEMENTAL POLICE SERVICES
The Housing Authority of the City of Bremerton ("BHA") and the City of Bremerton
("City"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: The City agrees to perform the services more specifically described in the Scope
of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of
Work may be modified only pursuant to Section IX.E. of this Agreement. If BHA desires
services not specified in the Scope of Work, then the parties, by written agreement signed by
both parties, may add the additional services to the Scope of Work, and adjust the compensation,
if appropriate.
II. Term: This Agreement commences on November 1, 2006, and terminates on September
30, 2007 unless another date is substituted pursuant to Section IX.E. or the agreement is
terminated earlier pursuant to Section VIII.
III. Compensation: In consideration of the services provided pursuant to this Agreement,
BRA shall pay the City an amount not to exceed $107,493.03 ,for the term of this agreement as
set out in Exhibit B.
A. Additionally, BRA shall pay City up to an additional $10,400.00 for extended
supplemental services at The Firs apartments as outlined in Exhibit A subsection 4
under the Section of Illustrative Tasks in the Scope of Work. This money shall not be
limited by the amount in the preceding paragraph.
City shall submit monthly billing statements. Upon receipt of a conforming monthly
billing statement, the BHA shall promptly process payment.
City shall not perform work beyond the Scope of Work, nor shall be compensated for
such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. City shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be adjusted, if appropriate, and
specified by letter agreement signed by both parties.
If a billing statement does not conform to this Agreement, BRA may withhold payment
until the statement is reconciled. Such withholding does not relieve City of its obligations under
this Agreement.
IV. Relationship of Parties: City represents that it is skilled in the matters addressed in the
Scope of Work and is performing independent functions and responsibilities within its field of
expertise. City and its personnel are independent contractors and not employees of BRA. City
and its personnel have no authority to bind the BRA or to control the BRA's employees and
other Consultants. None of the benefits provided by BRA to its employees, including, but not
limited to, compensation, insurance, and unemployment insurance are available from BRA to the
employees, agents, representatives, or sub-Consultants of the City. City will be solely and
Page 1 of9
entirely responsible for its acts and for the acts of City's agents, employees, representatives, and
sub-Consultants during the performance of this Agreement.
BRA shall have the right, with reasonable cause, to request that a different officer be
assigned to perform the duties outlined in the scope of work. Reasonable cause shall include the
failure to provide the level of service BRA reasonably expects on all categories in the Scope of
Work.
As an independent Contractor, City is responsible for its own management. The BRA's
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over City or its personnel.
As an independent contractor, City is responsible for payment of all taxes and licensing
fees necessary to perform its obligations under this Agreement. These taxes and fees include but
are not limited to State industrial insurance, Business & Occupation, State professional licensing,
and City business licensing. Failure of the contractor to fully comply with tax and licensing
requirements will be considered a material breach of contract and at the option of BRA will be
cause for such action as may be available by law including termination of the contract.
V. Indemnification: BRA shall protect, defend, indemnify, and hold harmless the City, its
officers, officials, employees, and agents, from any and all claims, demands, suits, penalties,
losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of
or in any way resulting from acts or omissions of the BRA, its officers, employees, agents,
and/or subcontractors in relation to the performance of this agreement.
The City shall protect, defend, indemnify, and hold harmless BRA, its officers, officials,
employees, and agents, from any and all claims, demands, suits, penalties, losses, damages,
judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of .or in any way
resulting from acts or omissions of the City, its officers, employees, agents, and/or
subcontractors in relation to the performance of this agreement.
Except for damages caused by the sole negligence of the City, BRA's obligation under
this section shall include, but not be limited to, the duty to promptly accept tenders of defense
and provide defense to the City at BRA's expense.
VI. Insurance: Prior to the commencement date of this Agreement, City shall provide
Certificates of Insurance to the BRA's Risk Manager verifying the following coverage: I) a
professional liability policy ("E&O") providing coverage of $2,000,000 per occurrence for errors
and omissions committed by City while performing its obligations under this Agreement, and 2)
a comprehensive general liability ("CGL") policy providing coverage of at least $2,000,000 per
occurrence and including bodily injury and property damage. Both policies shall remain in full
force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide
the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either
policy.
Page 2 of9
VII. Nondiscrimination: City shall not discriminate in employment or services to the public
on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except
for employment actions based on bona fide occupational qualification.
VIII. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60)
days notice to the other Party. This Agreement may be immediately terminated for cause by a
Party if the other Party substantially fails to perform through no fault of the terminating Party,
and the non-performing Party does not commence correction of the failure of performance within
thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by
BHA shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If BHA receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project
is canceled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, BHA may summarily terminate this Agreement. Termination, pursuant
to this paragraph, shall be effective ten calendar days after City's receipt of the written notice by
certified mail.
A. Excusable Delays: The right of City to proceed shall not be terminated nor shall City
be charged with liquidated damages for any delays in the completion of the work due to: 1) any
acts of the federal government in controlling, restricting, or requisitioning materials, equipment,
tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of
BHA, its consultants, or other. public agencies causing such delay; and 3) causes not reasonably
foreseeable by the parties at the time of the execution of the Agreement that are beyond the
control and without the fault or negligence of the City, including, but not restricted to, acts of
God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the
City must promptly notify BRA within ten (10) calendar days in writing of the cause of the
delay.
B. Rights Upon Termination: In the event of termination, BHA shall pay for all services
performed by the City to the effective date of termination, as described on a final invoice
submitted to BHA.
IX. General Conditions:
A. Reports and Information: When requested by BRA, City shall furnish periodic reports
and documents on matters covered by this Agreement. The reports and documents shall be
furnished in the time and form requested. City shall maintain accounting records in accordance
with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts.
B. Work Performed at City's Risk: City shall take all precautions necessary and shall be
responsible for the safety of its employees, agents, and subconsultants in the performance of the
work hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at City's own risk, and City shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
Page 3 of9
C. Place of Work: It is recognized that the majority of work is conducted throughout the
Westpark community, including the Firs Apartments. There will be times that the Westpark
officer may be required to respond to Priority one and/or priority two calls outside the Westpark
community when the safety or welfare of police officers or citizens is of concern.
It is recognized that the Westpark Officer leaves the Westpark community to conduct
follow-up investigations on crimes that occur in Westpark or involve Westpark residents.
The Westpark Officer is required to file all police reports into the department's Record
Management System (RMS) as directed by Bremerton Police Department Policy.
D. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
E. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
F. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
BHA:
Bremerton Housing Authority
345 6th Street, Suite 200
Bremerton,W A 98337
City:
City of Bremerton
Police Department
239 Fourth Street
Bremerton, W A 98337
G. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
R. Non-Waiver of Breach: The failure of BRA to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
1. Compliance with Laws: City shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
J. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
K. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
Page 4 of9
L. Assignment: Any assignment of this agreement by City without the written consent of
BHA shall be void.
M. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
HOUSING AUTHORITY OF
THE CITY OF BREMERTON
CITY OF BREMERTON
By:
its:
Date:
By:
its:
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
Page 5 of9
EXHIBIT A
SCOPE OF WORK
To enforce the law and assure that unlawful activity, including drug-related crimes in and around
housing owned or managed by BHA is identified, reported, monitored, and tracked in the
geographic area commonly known as West Park. All work shall be performed in accordance
with and subject to Bremerton Police Department policies and procedures.
To support the goals and objectives ofthe BHA and the residents ofthe Westpark Housing
development in the prevention of crime and the elimination of drug-related criminal activity.
SUMMARY OF CONTRACTED SERVICES TO BE PROVIDED BY BPD
1. Provide a commissioned and qualified Police Officer to the Westpark Housing
Development and The Firs Apartments to deliver law enforcement services for duration
of contract.
2. Provide information required to compile data for criminal analysis and statistical reports
for Westpark and The Firs, as requested.
3. Cooperate to the fullest extent possible with other law enforcement and governmental
agencies and the BHA to achieve the goals and meet the objectives as stated in the Scope
of Work.
4. The Westpark Officer will respond"to calls for service if the area patrol officer is not
available. The patrol officer is to be the primary point of contact for calls for service
(911 calls); responding to calls is not the sole responsibility of the contracted Westpark
Officer.
5. Provide extended supplemental services as needed for increased coverage and special
projects as budgeted for and approved by both parties.
ILLUSTRATIVE TASKS
1. Liaison with BHA and residents of the Westpark Housing Development.
a. Attend and participate in meetings when required.
b. Document and forward all reports of criminal activity in Westpark to the BRA in
a timely manner.
c. Keep the Director of Housing, Resident Initiatives Manager or his/her
representative informed of all investigations as appropriate.
2. Program Reporting.
a. Prepare and provide monthly progress reports to the Resident Initiatives Manager.
Page 60f9
b. Monitor and track all expenditures and accomplishments of extended
supplemental activities.
c. Provide crime statistics and other related data for program reporting purposes.
3. Extended Supplemental Services
a. Develop Scope of Work for all extended supplemental activities needed.
b. Obtain appropriate authorization and approval from BHA.
c. Monitor performance to ensure goals are being achieved.
d. Negotiate contracts for additional police services.
e. Extended Supplemental Services duties will be addressed III the contract
addendum for police services.
4. The Firs Apartments Extended Supplemental Services
a. The Firs Apartments supplemental police servic'es will be for a term of up to two
months, through November 30, 2006. Length of contract depends on construction
project of Russell Road. When the road project is completed, Bremerton Police
Department services identified in this section will no longer be deemed necessary.
This extended supplemental services contract will apply to the overtime salary for
additional security patrols in the area of the Firs Apartment Complex, including
designated. Firs parking lots, and the Firs II Construction area. Supplemental
patrols will operate in 4-hour shifts up to a maximum of 24 hours per week. This
would consist primarily ofbike/fobt patrols and marked police vehicles.
5. Investigations.
a. Investigate all reports of unlawful activity, including all calls taken outside of the
hours at the Westpark Community Center.
b. Prepare comprehensive detailed reports on all investigations.
c. Maintain detailed files on investigations.
d. Maintain monitoring and tracking logs of all investigations.
e. Perform special inspection of public housing units when reports of illegal activity
have been reported or suspected.
6. Hearings.
a. Attend all hearings to present Housing Authority findings.
Page 70f9
7. Evictions.
a. Represent Housing Authority interests in court by acting as a witness as
necessary.
b. Assist with physical evictions performed by the Sheriffs Department.
8. Resident Education.
a. Circulate information to residents about security and safety.
b. Attend Resident Advisory Council Meetings as needed.
c. Coordinate resident Neighborhood Watch and other safety meetings as needed.
9. Miscellaneous Functions.
a. Special projects as assigned by BHA and agreed to by BPD.
10. Service Objective - Responsibilities to the Public.
a. Courteous and respectful.
b. Responsive to requests.
11. Organization Improvement.
a. Commitment to a philosophy of quality.
b. Display initiative to resolve problems.
c. Cost-effective use ofthe organizations resources.
BHA, in its efforts to support and promote a good working relationship with BPD will provide
the following support:
1. Provide office space and meeting rooms as required for the implementation of this
enforcement effort.
2. Cooperate to the fullest extent possible with BPD and other judicial, governmental, and
law enforcement agencies.
PROGRAM EVALUATION
City and BHA will jointly meet to evaluate contract compliance and overall performance. This
will be conducted as may be necessary, to identify areas of concern.
Page 8 of9
EXHIBIT B
Compensation Worksheet for West Park Contract:
Officer May's total compensation for 2006 = $84,157 3months = $21,039.25
2007 = $90,406 9months = $67,804.50
Total = $88,843.75
Vehicle Costs, Fuel and Maintenance for the year =
Equipment replacement and rental fund=
$3888.04
$5700.00
Total = $9588.04
Overtime @ 4 hours a week for 2006 @ 13 weeks =
Overtime @ 4 hours a week for 2007 @ 35 weeks =
(Overtime rate does not include employee benefits
paid out by the City, City would absorb these costs)
$2356.64
$6704.60
Total = $9061.24
Total Cost for West Park Officer and a patrol vehicle =
Total = $107,493.03
Page 90f9
DATE SUBMITTED:
BILL # {)/;- ;)3/
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Sf
SUBJECT: Parks and Recreation Dept
Budget Adjustment Request for the Purchase
of a Greenhouse.
Committee Meeting Date: October 25,2006
COUNCIL MEETING Date: November 1,2006
Department: Parks & Recreation
Presenter: Wyn Birkenthal
Phone: 473-5752
SUMMARY: The Parks and Recreation Department has been providing the City's Harborside Park
Project with significant labor to do necessary landscaping work for the project and has received
$50,000 in additional revenues via interfund billings for this work. In addition, $4,721 has been
received as reimbursement for damages to Gateway trees by a private automobile. The Parks &
Recreation Department proposes that the revenues generated from the project landscaping support be
used to purchase materials and construct an additional greenhouse to accommodate growth in the
City's flower program. The additional Greenhouse will allow the Parks Department to expand the
flower program at the lowest possible ongoing cost by growing flowers in-house from seed and plugs.
The $4,721 dollar reimbursement will be used to replace damaged trees. The Gateway damage
reimbursement will refurbish the trees and landscaping to their pre-accident condition with no
materials cost to the City.
ATTACHMENTS: Qoute for Greenhouse to be constructed at Stephenson Canyon.
FISCAL IMPACTS (Include Budgeted Amount): A budget adjustment is necessary to provide
expenditure authority to construct the greenhouse and repair the trees damaged. Funds from the
interfund billing to the Harborside Park and from the reimbursement of damages will cover the
additional expenditures in 2006.
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I CONSENr AGENDA )(1
Move to approve an amendment to the 2006 budget for the Parks and Recreation Department in the
amount of $54,721 for the purposes of constructing a greenhouse and replacement of damaged trees in
the Gateway.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Additional expenses for 2nd greenhouse and tree/shrub replacement:
Geotechnical services
$ 3,000
Concrete pad
$ 5,000
Electrical parts
$ 2,500
Labor for pad and electrical
$ 4,000
Tableslbenches/carts
$ 4,000
Fertilizer injector
$ 1,000
Drip irrigation
$ 1,500
Commercial seeder
$ 3,000
Shade cloth
$ 3,000
Propagation bench
$ 1,500
Trees/shrubs for Gateway
$ 1,500
Total Additional Expenses
Purchase Order
$30,000
24,3 77
Total Greenhouse Expense
$54,377
5/25/06
Each
1 Lot
1 Lot
2 Each
2 Each
2 Each
Lot
Each
Tom Cressman or Steve Mutek 360-473-5431 Ph 360-473-5882 Fax
City ofBremerton Parks Maintenance Department
680 Lebo Blvd
Bremerton, W A 98310
Wayne EdwardslJohn Rowe
See Below
06050
04/25106
Components for 2,520 Sq.Ft. of Agratech "North Slope" Greenhouse as:
Units of 30' Wide x 84' Long with 6' Sidewall Height; Designed for 30 Lb Ground Snow and
90 MPH Wind Load, Exposure "B", Agricultural; with 4' On Center Arch IColumn Spacing;
Tie Bars with Webs at each Arch; 6 Purlin Runs. Designed for Corrugated Polycarbonate on
Roof, Sides, and Ends.
Structure Description: Arches 23/8" Diameter, Spliced at Peak; 6' On Center Arch/Column
Spacing; Columns are 2 7/8" Diameter, Swedged for smooth seam at Arch Connection.
Gable Ends Set for CorrugatedPolycarbonate
Sidewalls Set for Corrugated Polycarbonate
3' 6" x 6' 8" Hinged Man Doors
Exhaust Fan Framing
Inlet Shutter Framing
9,443.00
828.00
444.00
990.00
120.00
70.00
F.O.B. PITTSBURG, CA
Dynaglas Plus Clear Corrugated Polycarbonate Sheeting. Approx. 5,218 sq. ft. All panels 49.6"
wide in the following lengths: 42 Panels 214" long for Roof, 42 Panels 84" for Sides, 8 Panels
192",4 Panels 156",4 Panels 120" Long for Ends.
Handling Charge for Dynaglas
5,849.00
150.00
F.O.B. DESTINATION
3-4 Weeks After Receipt of Order
NET 30 with Signed Purchase Order, OAC
c. ..'
2
2
Each
Each
6
2
1
Each
Each
Each
36" Exhaust Fan, Slant Style, Yz hp motor, Spring Loaded Belt Tightener
42" x 42" Electric Inlet Shutter
F.O.B. EAU CLAIRE, WI
12" Horizontal Air Flow Fan
Thermostat, (1) for Heater and (1) for Exhaust Sytem
Modine PD175 Unit Heater Set Up for Propane, Aluminum Heat Exchanger, 115v.
F.O.B. SUMNER, W A
Total of All Materials Shown, Before Shipping Charges or Tax:
8.9% Sales Tax:
Freight Estimate:
Total of All Materials Including Freight Estimates and Tax:
Only materials listed supplied. Stamped plans/permit process, labor, wood, concrete,
plumbing, utilities/electrical; access to site, site preparation,. grading, or any materials
Not specified above are not provided.
3-4 Weeks After Receipt of Order
NET 30 with Signed Purchase Order, OAe
746.00
380.00
720.00
70.00
876.00
$20,686.00
$1,841.05
$1,850.00
$24,377.05
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DATE SUBMITTED: October 17,2006
BILL # bb--"J."1 ;1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: Resolution No. 3019
appointing a representative to the Public
Transportation Improvement Conference
Committee Meeting Date: October 25, 2006
COUNCIL MEETING Date: November 1,2006
Department: City Attorney's Office
Presenter: Ken Bagwell
Phone: 473-2345
SUMMARY: Kitsap County has adopted a resolution calling for the convention of a Public
Transportation Improvement Conference on November 9,2006, for the purpose of considering
adjustment to the boundaries of Kit sap Transit. RCW 36.57 A.020 requires the legislative body of
each component of the Kitsap County Public Transportation Benefit Area to select an elected
representative for the conference. The proposed resolution designates Council Person Brad Gehring
as the elected representative for the City of Bremerton.
ATTACHMENTS: Proposed resolution
FISCAL IMP ACTS (Include Budgeted Amount): tWo..,e..
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I CONSENT AGENDA ~I
Move to pass Resolution No. 30 \ ~ designating Council Person Brad Gehring as the elected
representative for the City of Bremerton at the Public Transportation Improvement Conference.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. 30\'7
A RESOLUTION of the City Council of the City of
Bremerton, Washington, appointing a representative to the Public
Transportation Improvement Conference.
WHEREAS, Kitsap County and the Cities of Port Orchard and Bremerton
previously established the Kitsap County Public Transportation Benefit Area in accordance with
and as authorized by Chapter 36.57 A RCW; and
WHEREAS, the boundaries of the Kitsap County Transportation Benefit Area
were later expanded to include the Cities ofPoulsbo and Bainbridge Island and all the
unincorporated areas of Kitsap County; and
WHEREAS, the said Kitsap County Public Transportation Benefit Area was
lawfully established and is an active municipal corporation which operates under the name
Kitsap Transit, for the purpose of providing public transportation services; and
WHEREAS, on October 9, 2006, Kitsap County adopted a resolution (Exhibit A)
calling for the convention of a Public Transportation Improvement Conference on November 9,
2006 for the purpose of considering the desirability of adjusting the boundaries of Kit sap Transit;
and
WHEREAS, RCW 36.57 A.020 requires the legislative body of each component
City to select an elected representative to attend the Conference; and
WHEREAS, the existing boundaries of Kitsap Transit include all of Kitsap
County, including the City of Bremerton; and
WHEREAS, Kitsap Transit and its Board of Commissioners has adopted a
proposal for the change of boundaries of Kitsap Transit in accordance with the Transit District
Boundary Adjustment Map attached as Exhibit B; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Bremerton City Council hereby designates Council Person
Brad Gehring as its elected representative to attend and represent the City of Bremerton at the
Public Transportation Improvement Conference and all continued meetings thereof, including
any public hearings scheduled by said Conference.
SECTION 2. The Bremerton City Council shall consider its desire to be included
within such boundaries, as recommended by the Public Transportation Improvement Conference,
at its regular City Council Meeting on December 6, 2006 (or such other date as may hereafter be
established in lieu of that meeting date) following the Public Transportation Improvement
Conference.
1
Public Transportation
Improvement Conference Representative
SECTION 3. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
P AULA JOHNSTON, City Clerk
R:\Legal\Legal\Resolutions\Legal\Kitsap Transit Boundary Adjustment.doc
2
Public Transportation
Improvement Conference Representative
RESOLUTION NO. 17; -2006
Convening Public Transportation Improvement Conference
and Designating County Representative
WHEREAS, the Kitsap County Public Transportation Benefit Area ("Kitsap Transit")
was established pursuant to chapter 36.57A RCW and currently includes all of Kitsap County in
its benefit area; and
WHE~AS, over the past 12 months Kitsap Transit's board of commissioners and staff
have studied the desirability of changing the boundaries of Kitsap Transit, and Kitsap Transit is
now recommending to Kitsap County and the cities of Bainbridge Island, Bremerton, Port
Orchard and Poulsbo changes that it believes will be conducive to the welfare and benefit of the
persons and property within the proposed revised benefit area; and
WHEREAS, RCW 36.57 A.020 confers on the county legislative authority the power to
convene, from time to time, a public transportation improvement conference for the purpose of
evaluating the desirability of changing the boundaries of an existing public transportation benefit
area;
NO\V,.TII~R.EFORE,BE~l"R.E.~g~.~J?,.t~a~.:>......... ...... . .'. ..' ..;tj~m!mPJ~Q~YlIl~f1t.~
~~6n:feremcei~is;:coIiven:~(;f~a~.the?lioUE~of"2:el);pjn:'ofiNoveiriber';9~;:;2006', . ';its~p;,tr;iansi1i1s';Qftigci
at 60 Washington Avenue, Suite 200, Bremerton, Washington, or such other place as the board
of county commissioners may hereafter designate, to consider the desirability of changing the
boundaries of the Kitsap.C~)Unty Transportation Benefit Area; and
RESOLVED FURTHER, that Commissioner JanAngelis designated as the Kitsap
County elected representative for such conference and all proceedings and matters relating
thereto.
ADOPTED this 9th day of October, 2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
.~. COUNT.Y, WASHINGTON]
lAA lli-C\ ~
J an A 1, Chair (\
~
"-
Opa Robertson, Clerk of the Board
EXHIBIT A
. --...,-.;
KITSAP TRANSIT
Proposed Transit
District Boundary
Adjustment
(To Accomodate 2006
County Auditor Precinct
Boundary Adjustments)
5
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EXHIBIT B
DATE SUBMITTED: October 18, 2006
BILL # 0 b - d-d.3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
stit
.......................................................................a................
SUBJECT: Approval of position
reclassifications in the Department of
Community Development.
Committee Meeting Date: October 25,2006
COUNCIL MEETING Date: November 1, 2006
Department: DCD
Presenter: Andrea Spencer
Phone: 473.5283
SUMMARY: The Department of Community Development currently has several vacancies.
Accordingly, it is an appropriate time to review and change the Department's organization, making
improvements that benefit both employees and the City. The proposed staff reclassifications
eliminates one management position and reclassifies other positions. This will provide more
opportunities to employees for growth within the organization.
The 2006 budget includes approval of authorized staffing levels and position classification. Council
approval is required to change the classifications from that which was previously adopted in the
budget
ATTACHMENTS:
1. Staff Memo
2. Existing DCD Organization Chart
3. Proposed DCD Organization Chart
4. Summary Table of staff reclassifications
FISCAL IMPACTS (Include Budgeted Amount): The 2006 budget for DCD personnel expenses is
sufficient and does not require amendment.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
i!/
CONSENT AGENDA &eI
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the position reclassifications in the Department of
Community Development.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Andrea L. Spencer
Date: October 18, 2006
Re: Reclassification of Community Development Staff
The Department of Community Development (DCD) currently has three vacancies.
Accordingly, this is an appropriate time to look at our department organization and make
improvements that will benefit both employees and the city as a whole.
Attached to this memo are two organization charts; one illustrating the department as it is
currently organized' and. the second showing the modifications to staff positions. Also
attached is a summary table that shows the total FTE's in DCD and how those positions will
be reconfigured under the current propOSal.
As we are currently organized we are "management heavy" and do not have a lot of
opportunities for employee growth. I believe that we need to be an organization that 'keeps.
and grows' staff rather than be a training ground for people to then move on to other
jurisdictions. The proposed changes are a necessary step to facilitate growth of our
employees within this organization and get key players in place as we face increased permit
activity and other projects.
We have worked with the Finance department and have found that under this
reclassification scenario our personnel costs in 2007 would be reduced by approximately
$10,000.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Existing Positions 10/18/2006
DIRECTOR
COMMUNITY
DEVELOPMENT
PLANNING
MANAGER
SDSII
PLANNER
I
CDSG
ADMINISTRATOR
PLANNER
I
CDSG
COORDINATOR
PLANNER
I
OFFICE
ASSISTANT
SENIOR
SPECIALIST
PLANNER
I
DEVELOPMENT
MANAGER
SDS II
SDSI
SDSII
SDSI
DEPARTMENT OF COMMUNITY DEVELOPMENT
Proposed Positions 10/18/2006
CDBG
ADMINISTRATOR
CDBG
COORDINATOR
PLANNER
I
PLANNER
II
DIRECTOR
COMMUNITY
DEVELOPMENT
OFFICE
ASSIST ANT
SENIOR
SPECIALIST
ASSISTANT DIRECTOR
CODE
ENFORCEMENT
OFFICER
SENIOR
PLANNER
.. PLANNER
I
BDSI
80S I
BDSIII
BDS II
October 2006 Department of Community Development - Proposed Staff Reclassifications
1 . Director I
------r-~- ---~j___
I I Rename "Assistant Director" -
move current Development Manager
__ ~Oi09 M,"'ge, I M&P 16 ;oto thi, po,itioo. ,IAssistantDi"cto' J____M&"-------"'--
i I Position vacated - downgrade position I I
31 Development Manager i M&P 15 Recruit externally for candidates 3 Senior Planner ~______ M&P ----f--11
__ __-UfDBG Administrator I _ M&P 12 No change 4 CDBG Administrator i____ M&P ~__ _..11.___
51 CDBG Coordinator I M&P 10 No change _______ 5 CDBG Coordinator ~ M&P 10
~- 6 OA Senior Specialist i T 10 No change 6 OA Senior Specialist I T 10
------~anner 1-----------r---------T---~14- No-cha-nge --------------- 7 Planner I -. : ------r--------r-14--
-- :!::~:::~ ~~ !~~ -.: - -rl :: -~g;r.~::~~t~~~~~!rt""i~ ::~:~~:,'1I ~ - t- ~-- ~~~-,~
101 Planner liT . 14 Recruit externally for candidates 10 Senior Planner I M&P I 11
-~~== ~~~~~t-------===~ -----T~==~---~-~ -=-~ ~~---= ~;-~~~:~~:--==~=---------- ~~'~~~:---------l=~~__ ~ -_=_=T=-=-~-~_
----~rDS II______~_________+____----.I--_+~j---- ~~g~~~~.9;Ositio-n-=------- --.:! 3 BDS ~--------{------..l.------r--.:!1---
_____1jJ BDS II I______J"___ 14 internal promotion for incumbent 14 BDS III _L__~_____ ! ~___
i I Upgrade position - i I
15 BDS II I T 14 internal promotion for incumbent 15 Code Enf. Officer i T I 16
DATE SUBMITTED: October 26, 2006
BILL # (j e:, - ::1. 3 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
hA
.......................................................................................,
SUBJECT: Lease Agreement with John
Bremer and Edward Bremer Consolidated
Trust for the Municipal Court
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
November 1, 2006
Cit Attorney's Office
Ro er A. Lubovich Y'I{
473-2345 5ex-1-v r\-
SUMMARY: The proposed lease agreement provides facilities for the municipal court at 900 Pacific
A venue.
A TT ACHMENTS: Proposed lease
FISCAL IMPACTS (Include Budgeted Amount): The lease cost is $5,357.25 per month with an
annual CPI adjustment.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~ c f~' I CONSENT AGENDA 0 I
; :~-v0~lf .
~
RECOMMENDED MOTION: Move to approve the lease with John Bremer and Edward Bremer
Consolidated Trust and authorize the Mayor to negotiate, finalize and execute the lease.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue D No Action
LEASE
This Lease is entered into this day of , 2006, between
JOHN BREMER AND EDWARD BREMER CONSOLIDATED TRUST, a non-profit
corporation, (hereinafter referred to as "Lessor"), and THE CITY OF BREMERTON, a
municipal corporation, (hereinafter referred to as "Lessee").
WHEREAS, Lessor owns certain real property which Lessee agrees to lease for a municipal
court and other related public purposes,
NOW, THEREFORE, the Lessor and Lessee agree as follows:
1. PREMISES. Lessor does, by these presence, lease to the Lessee a building and
appurtenances ("Improvements") situate upon real property commonly known as the Federal
Building located at 900 Pacific Avenue, Bremerton, Washington and more particularly set forth
in Exhibit A attached hereto and incorporated by reference and parking on adjoining real property
located on Pleasant Avenue and more particularly set forth in Exhibit B attached hereto and
incorporated by reference (hereinafter collectively the "Premises"). The existing building
consists of approximately 7,143 square feet of floor area. The adjoining parking contains
approximately 21 parking spaces.
2. TERM. The term of this lease shall be for two years commencing February 1,
2007, ("Commencement Date") and ending January 31,2009, unless otherwise extended or
terminated. If Lessee remains in possession of the Premises or any part thereof after the
expiration of the term of this Lease without the express written consent of Lessor, such
occupancy shall be a tenancy from month-to-month.
3. CONSIDERATION.
(a) Monthly Payment. In addition to other consideration of this Lease, Lessee
agrees to pay Lessor, without notice or demand, the sum (based on $9.00 per square foot
annually) of Five Thousand Three Hundred Fifty Seven dollars and 25/100 ($5,357.25) per
month ("Lease Payment"), in advance, on or before the first day of the first full calendar month of
the term hereof and a like sum on or before the first day of each and every successive calendar
month thereafter during the term hereof.
(b) Consumer Price Index Adjustments. The monthly Lease Payment shall
be adjusted every year during the term(s) of this Agreement based upon the prior years'
Consumer Price Index (CPI) for all urban consumers as published by the United States
Department of Labor for Seattle- Tacoma-Bremerton, all items (1982-84-100). For purposes of
the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (i.e. June
2006- June 2007). The CPI adjustment shall occur on the following February 151 of each year
during the term of this Agreement. Lessee shall make this payment to Lessor by the fifteenth day
1
Municipal Court
of the month following the end of each month. Lessee may prepay these monthly paYments on a
quarterly, semi-annual or annual basis or as otherwise approved by the Lessor.
4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for a
municipal court and other related public purposes.
5. UTILITIES. Lessee agrees to provide and pay all charges for water, sewar,
power, garbage pickup, janitorial and for all other utilities which shall be used in the Premises
during the full term of this Lease.
6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be
made any alterations, improvements, or changes to or of the Premises or any party thereof
without the prior written consent of Lessor, and all improvements, alterations, or changes so
made shall become a part of the lease Premises and shall belong to Lessor upon expiration or
sooner termination of this Lease. With respect to such alterations, improvements or changes to
the Premises requested by Lessee, Lessor's consent shall not be unreasonably withheld. In the
event Lessor consents to the making of any alterations, additions, or improvements to the
Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the
Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind
whatsoever, and construction of such alterations, additions or improvements shall be done in
compliance with all laws and governmental requirements.
7. MAINTENANCE AND REPAIRS.
(a) Lessee's Obligations. By taking possession of the Premises, Lessee shall
be deemed to have accepted the Premises as being clean and in good order, condition, and repair.
Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and
repair (except as hereinafter provided with respect to Lessor's obligations set forth in paragraph
7.2 below). Lessee shall, upon the expiration or sooner termination ofthis Lease, surrender the
Premises to Lessor in good condition, clean, excepting only ordinary wear and tear and
destruction or damage by such conditions over which Lessee has no control, or such damage as
may be due to the failure of Lessor to comply with any covenant herein contained to be
performed by Lessor. Damage caused by Lessee's use of the Premises shall be repaired at the
sole cost and expense of Lessee.
(b) Lessor's Obligations. Lessor shall, at Lessor's expense, repair and
maintain the structural portions ofthe Building, including the roof, foundation, bearing and
exterior beams and supports, flooring and sub flooring, plumbing, pipes, electrical wiring and
conduits within and serving the premises. There shall be no abatement of Rent and no liability of
Lessor by reason of any injury to or interference with Lessee's business arising from the making
of any repairs, alterations, or improvements in or to any portion of the Building or the Premises
or in or to fixtures, appurtenances, and equipment if Lessor shall have taken every reasonable
measure to avoid any such injury and interference.
2
Municipal Court
8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and
the Building and Land on which the Premises are situated free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Lessee.
9. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor
harnl1ess from all loss damage, liability or expense resulting from any injury to any person or any
loss of or damage to any property caused by or resulting from any act or omission of Lessee or
any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the
Building, but the foregoing provision shall not be construed to make Lessee responsible for
injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest,
invitee or visitor of Lessor. Lessor shall not be liable for any loss or damage to person or
property sustained by Lessee, or other persons, which may be caused by theft or any act of
neglect of Lessee or occupant of the building, or of any other person, or by any other cause,
unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests,
invitees or visitors.
10. LIABILITY INSURANCE; HAZARD INSURANCE.
(a) Liability Insurance. Lessee, at its own expense, shall provide and keep
in force comprehensive general liability insurance in the amount of not less than One Million
Dollars ($1,000,000.00) per occurrence for bodily injury and property damage. Lessee shall
furnish Lessor with a certificate of such policy within thirty (30) days of the Commencement
Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and
effect. Such policy shall name Lessor as an additional insured and shall be primary and
noncontributing with any insurance carried by Lessor. The policy shall further provide that it
shall not be canceled without twenty (20) days prior written notice to Lessor.
(b) Hazard Insurance. Throughout the term of this Lease, Lessor shall
procure and maintain fire, hazard and extended coverage insurance on the Improvements.
Should the property become uninhabitable due to loss or become uninhabitable for any other
reason the City shall have the option of terminating this lease.
11. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all
movable property, furniture, furnishings and trade fixtures, other than those affixed to the
Premises so that they cannot be removed without material damage, shall remain the property of
and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall
restore the Premises, Building or common areas to good order and condition. Lessee shall payor
cause to be paid before delinquency any and all taxes levied or assessed and which become
payable during the term hereof upon all Lessee's InilJfovements, equipment, furniture, fixtures,
and other personal property located in the Premises
12. ENTRY BY LESSOR. At any and all reasonable times during regular business
hours, upon one (I) day's prior notice to Lessee, Lessor reserves and shall have the right to enter
the Premises to inspect the same a reasonable number oftimes, to submit the Premises to
3
Municipal Court
prospective purchasers or Lessees, to repair the Premises and any portion of the Building that
Lessor may deem necessary or desirable, without abatement of Rent, and may for the purpose
erect scaffolding and other necessary structures where reasonably required by the character of the
work to be performed, always providing that the entrance to the Premises shall not be blocked
thereby and further providing that the business of Lessee shall not be interfered with
unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience to
or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the
Premises, and any other loss occasioned thereby, if Lessor shall have taken every reasonable
measure to avoid any such injury, inconvenience or interference. Lessor shall have the right to
use any and all means which Lessor may deem proper to open any doors or otherwise obtain
access to the Premises in an emergency, without liability to Lessee except for any failure to
exercise due care for Lessee's property, and any entry to the Premises obtained by Lessor by any
of said means or otherwise shall not under any circumstances be construed or deemed to be a
forcible or unlawful entry into or a detainer of the Premises or an eviction of Lessee from the
Premises or any portion thereof.
13. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by
operation oflaw assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any
interest therein and shall not sublet the Premises or any part thereof or any right or privilege
appurtenance thereto or allow any person (the employees, agents, servants, and invitees of Lessee
excepted) to occupy or use the Premises or any portion thereof, without the prior written consent
of Lessor, which consent by Lessor shall not be unreasonably withheld. Any such assignment or
subletting without compliance with the terms of this paragraph shall be void and shall, at the
option of Lessor, constitute a default under the terms of this Lease. Consent to one assignment,
subletting, occupation, or use by any other person shall not be deemed to be a consent to any
subsequent assignment, subletting, occupation, or use by another person. Consent to any such
assignment or subletting shall in no way relieve Lessee of any liability under this Lease. Lessor
may assign the Rent herein provided to any person, partnership, corporation, or bank, and Lessee
agrees when notified in writing by the assignee of such assignment to make the Rent payments to
assignee under the terms of said assignment.
14. LESSEE'S DEFAULT. The occurrence of anyone or more of the following
events shall constitute a default and breach of this Lease by Lessee.
(a) Abandonment. Lessee vacates or abandons the Premises;
(b) Failure to Pay Lease Payment. Lessee fails to make any payment of the
Lease Payment or any other payment required to be made by Lessee hereunder;
(c) Failure to Observe Other Covenants. Lessee fails to observe or perform
any of the covenants, conditions, or provisions of this Lease to be observed or performed by
Lessee where such failure shall continue for a period of thirty (30) days after written notice
thereof by Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that
more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed
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to be in default if Lessee commences such cure within said thirty (30) days and thereafter,
diligently prosecutes such cure to completion.
15. REMEDIES ON DEFAULT.
(a) Termination. In the event Lessee fails to cure such default, Lessor may,
at any time thereafter, terminate this Lease by written notice to Lessee. Lessee may also seek any
other remedy provided by law.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon
failure to do so upon demand of Lessor, Lessor may remove and store the same in any place
selected by Lessor, including but not limited to a public warehouse, at the expense and risk of
Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for
a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or
private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the
payment of the charges for storage, if any, and thirdly to the payment of any other sums of money
which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to
Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully
reentering and taking possession of the Premises or lawfully removing and storing the property of
Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by
Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible
entry.
(e) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to
Lessor under the law or judicial decisions of the State of Washington.
16. LESSOR'S DEFAULT. Lessor fails to observe or perform any of the covenants,
conditions, or provisions of this Lease to be observed or performed by Lessor, where such failure
shall continue for a period of thirty (30) days after written notice thereofby Lessee to Lessor;
provided, however, that if the nature of Lessor's default is such that more than thirty (30) days
are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor
commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure
to completion. In the event Lessor fails to cure such default, Lessee may, at any time thereafter,
terminate this Lease by written notice to Lessor. Lessee may also seek any other remedy provided
bylaw.
17. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the
Building or Improvements) shall be acquired or condemned by eminent domain for any public or
quasi-public use, or if a part of the Premises is so taken so that the Premises are rendered
unsuitable for the business of Lessee, then the term of this Lease shall terminate as ofthe date
title or possession shall be transferred in such proceeding, whichever shall occur first. In the
event of a partial taking or condemnation which is not extensive enough to render the Premises
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unsuitable for the business of Lessee, then Lessor shall restore the Premises to a condition
comparable to its condition immediately prior to such taking less the portion lost in the taking,
and this Lease shall continue in full force and effect provided, however, that the monthly Rent
shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the
Premises.. Lessor shall have the right to receive the compensation of damages awarded upon
either such total or partial taking and Lessee shall have no claim thereto; provided that Lessee
may independently pursue an award or compensation to Lessee for the taking of Lessee's
personal property or fixtures or for the interruption of or damage to Lessee's business and for any
other interest of Lessee.
18. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store,
deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage,
petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants or substances
defined as hazardous or toxic in accordance with applicable federal, state, and local laws and
regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup
costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any
way related to the Release by Lessee, or any of its agents, representatives, or employees, or the
presence of such Hazardous Substances in, on or about the Premises occurring at any time after
the Commencement Date and arising out of the activities of Lessee, or any of its agents,
representatives or employees. The provisions of this paragraph shall survive termination or
expiration of this Lease.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
proVIsIOns:
(a) Waiver. No waiver of default by either party of any of the terms,
covenants and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party. The
subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any
preceding default by Lessee of any term, covenant, or condition of this Lease other than the
failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of
such preceding default at the time of the acceptance of such Rent.
(b) Time. Time is of the essence of this Lease and each and all of its
provisions in which performance is a factor.
(c) Paragraph Headings. The paragraph or section headings of this Lease
are not a part of this Lease and shall have no effect upon the construction or interpretation of any
part hereof.
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(d) Successors and Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
(e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a
short form memorandum hereof may be recorded at the request of Lessor.
(f) Quiet Possession. Upon Lessee paying the Rent reserved hereunder and
performing all of the covenants, conditions, and provisions on Lessee's part to be observed and
performed hereunder, Lessee shall have quiet possession of the Premises for the entire term
hereof, subject to all the provisions of this Lease. The Premises are leased subject to any and all
existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and
any matters of record, applicable zoning and building laws, and such matters as may be disclosed
by inspection or survey.
(g) Prior Agreements. This Lease contains all of the agreements of the
parties hereto with respect to any matter covered or mentioned in this Lease and no prior
agreements or understandings pertaining to any such matters shall be effective for any purpose.
No provision of this Lease may be amended or added to except by agreement in writing signed by
the parties hereto or their respective successors in interest. This Lease shall not be effective or
binding upon any party until fully executed by both parties hereto.
(h) Inability to Perform. The time period within which any party is to fulfill
an obligation of such the party under this Lease shall be extended by such time period that any
party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such
inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause
beyond the reasonable control of such party.
(i) Severability. Any provisions of this Lease which shall prove to be
invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof
and such other provision shall remain in full force and effect.
(j) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall whenever possible be cumulative with all other remedies at law or in equity.
(k) Choice of Law. This Lease shall be construed under all ofthe applicable
laws, statutes, ordinances, rules and regulations of the United States, the State of Washington,
County of Kitsap, and the City of Bremerton. In the case of a dispute between the parties, venue
over such dispute shall be with the Superior Court of Kitsap County, Washington.
(I) Execution. This Lease may be executed in several counterparts, each of
which shall be deemed an original instrument.
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(m) Notices. All notices to be given hereunder shall be in writing and shall be
personally delivered and receipt acknowledged, sent by United States certified mail, return
receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by
overnight delivery through public or private service, delivery charge prepaid, and addressed to
the party at the respective mailing address as herein set forth.
To Lessor:
John Bremer and Edward Bremer
Consolidated Trust
Bremerton, W A 98
To Lessee:
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
It is understood that each party may change the address to which notice may be sent by giving a
written notice of such change to the other party hereto in the manner herein provided.
(0) Lessee's Corporate Authority. Lessee is a Washington corporation, and
each individual executing this Lease on behalf of said corporation represents and warrants that he
or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in
accordance with a duly adopted resolution of the board of directors of said corporation or in
accordance with the bylaws of said corporation, and that this Lease is binding upon said
corporation in accordance with its terms. Lessee further represents and warrants that it is fully
registered and qualified to do business in the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
LESSOR
LESSEE
JOHN BREMER AND EDWARD
BREMER CONSOLIDATED TRUST
CITY OF BREMERTON
By:
Its:
By: Cary Bozeman
Its: Mayor
Notaries on Next Page
Remainder of This Page Intentionally Blank
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ST ATE OF WASHINGTON)
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument, and acknowledged it as the Mayor of the City of
Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in
the instrument.
DATED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / / .
STATE OF WASHINGTON)
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of the John Bremer and Edward Bremer Consolidated
Trust to be the free and voluntary act of such Corporation for the uses and purposes mentioned in
the instrument.
DA TED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / / .
R:\Legal\LegaI\Forms\Real Estate\Leases\Municipal Court Lease.doc
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EXHIBIT A
LEGAL DESCRIPTION FOR 900 PACIFIC A VENUE
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EXHIBIT B
LEGAL DESCRIPTION FOR PARKING LOT
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DATE SUBMITTED: October 11,2006
BILL# [)~.- ;)3<)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7A
............~~~,~..~.~......................................................a...........
SUBJECT: fu.,'o\,._e...l:;\c~f~V1fjS ovo. Ce~e, Committee Meeting Date: October 25, 2006 ..,,'. .....,
Agreement with Claremont Retirement COUNCIL MEETING Date: ~o"eMJq_f!('L~tS7, ;20\:)(0
Apartments Department: Parks & Rec/PW &U
Presenter: W. BirkenthallP. Williams
Phone: 473-5752/473-5755
SUMMARY: Claremont East has used approximately 3,609 feet of City paved right-of-way
and park property located north of Sheridan Community Center on the south side of Juniper Street
since 1995 for employee parking. Claremont East's owners are requesting a formal arrangement for
the parking use. On September 27,2006 the Parks and Recreation Commission approved a
recommendation that the City enter into a lease arrangement for the purpose of allowing Claremont
East to continue utilizing parks property. The Public Works Department has agreed to issue a Right-
of- Way permit for the use of the Juniper Street Right-of- Way. Payment will be made to both the
City's Parks and Public Works Departments for the use of the public property. The 2006 assessed
value of the property is $12 per square foot.
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount): Approximately $5,040 annual revenue
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT: ~c/
RECOMMENDED MOTION: Move to approve the Lease Agreement between the City and
Claremont East Retirement Apartments, Inc., for the City right-of-way and park property located north
of Sheridan Community Center and authorize the Mayor to fmalize and enter into the agreement in
substantially the same form as presented.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~.
CONSENT AGENDA
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
BREMERTON PARKS & RECREATION DEPARTMENT
PARKS & RECREATION COMMISSION MEETING
Minutes of September 26, 2006
Sheridan Community Center, 680 Lebo Blvd., Bremerton, W A 98310
Attendance:
Absent:
Staff:
Council:
Joan Dingfield, Doug Groneman, Carol Johnson and Matthew Keough
Wanda Butler and Steve Corda*
Wyn Birkenthal, Tom Cressman, Jeff Elevado and Barbara Forbes
Dianne Robinson
I. Meeting Called to Order by Chairman Doug Groneman @ 5:40 p.m.
* Mr. Corda had submitted his resignation bye-mail this afternoon to the Commission Chairman
and to the Parks and Recreation Department.
II. Approval of Agenda: M/S/C/U Addition (DingfieldlJohnson)
III. Items from Audience:
a. Bonnie McIntosh had recently contacted the department regarding two issues: (1) maintenance
of the dog park at Pendergast Park (lack of bags, uncut grass, and regular trash pick-up); and (2)
the annual dog swim event at the Jarstad Aquatic Center. Mr. Birkenthal announced that
maintenance will be provided at the dog park on a regular basis. Although last year's Doggy Dip
event was held prior to the pool's annual maintenance; the department received a number of
complaints regarding dogs in a public pool. The department canceled the event for 2006.
b. The West Sound Disc Golf Association (WSDGA) reported that they are a non-profit
organization interested in promoting the sport of disc golf to the community. They feel that the
course has attracted a large number of players from outside Kitsap County. Since the WSDGA is
not involved in decisions regarding the land (N.A.D.), the Association reported that they will not
accept responsibility for the course, maintenance or its use unless they rent the space for specific
events. The Association has recently been asked by the City to carry liability insurance; which
they are unable to afford at this time. The Association wondered why they are being asked to
provide insurance when other user groups are not (e.g. skate boarders, basketball players). How
does the City expect the Association to be responsible for safe tee pads, but won't allow them to
provide safer pads with concrete material? The City initially chose the basault tee pads to fitin
with the pristine park environment. Mr. Birkenthal reported that Washington State has some
protection under the Recreational Immunity Act. Once a person is charged for an activity, there
is a higher level of liability on the part of the property owner.
The Association also commented that they do not support the land swap between the City
and the Bremerton School District, but they will abide with whatever the City decides for the
park. If the land swap is approved by City Council, they ask that the City pay for the
landscaping for a new course as they will not be able to duplicate the volunteer man hours
provided at N.A.D.
IV. Approval of Minutes - August 22, 2006 - M/S/CIU (Keough/Dingfield)
V. New Business:
1. Review and Discussion of City Code Regulating Dogs in Park. The City had received
complaints from citizens who had attended the Blackberry Festival held earlier in the
month at the Boardwalk. These citizens wondered if it was appropriate to allow dogs on
the Boardwalk during the event (e.g. safety of the public and animal, defecation from the
animals on the sidewalk). After some discussion, it was suggested that the department
post signs prior to next year's event prohibiting animals rather than consider an
amendment to the current ordinaftce.
2. Claremont East Parking Strip (Ed Wolfe, Attorney Representing Claremont East
Retirement Apartments, Inc.). Claremont East believed they had an agreement with
the City to use the parking strip (behind the Sheridan Center along Juniper Street) for the
past 25 years. When Claremont East came under contract to be sold, they were unable to
produce the agreement to the purchaser. Mr. Wolfe asked if the Commission would
consider a proposal to negotiate a fee for the use of the parking lot. The Commission
voted to recommend to the City Council to pursue a continual lease or sale of the
parking strip to Claremont East Retirements Apartments,'. Inc. MlS/CIU
(DingfieldlJohnson)
VI. Old Business - None
VII. Staff Report:
1. Upcoming Events and Programs.
. Raku Workshop on Sat., Oct. 7th, from 10 am to 3 pm.
. Senior Craft Fair on October 20-21, 2007 at the Sheridan Community Center.
. All City Halloween Party on October 31st from 5:30 pm to 7:30 pm.
VIII. Commissioners Comments and Questions
No Comments
IX. Adjournment. Meeting adjourned at 7:45 p.m.
"
LEASE AGREEMENT
(Claremont East)
This Lease is entered into on the date fully executed below by and between THE CITY
OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to
as "Lessor" or "City"), and CLAREMONT EAST RETIREMENT APARTMENTS, INC., a
Washington non-profit corporation, (hereinafter referred to as "Lessee").
RECIT ALS
WHEREAS, the City now owns certain land and public Right-of-Way which Lessee has
improved and been using for parking for its business; and
WHEREAS, it is the parties' desire to enter into a ten (10) year lease in conjunction with
the City issuing a Right-of-Way permit for use of this property to allow Lessee to continue to
carry on its business,
NOW, THEREFORE, the City and Lessee agree as follows:
1. PROPERTY.
(a) Property Defined. The City leases to Lessee and Lessee leases from the
City the real property described in Exhibit A, attached hereto and incorporated herein by this
reference, together with all the rights of the City, if any, to improvements on and easements
benefiting the property but subject to the exceptions and restrictions set forth in this Lease
(hereinafter the "Property"). This Lease is granted in conjunction with the Right-of-Way permit
issued by the Lessee as set forth in Exhibit B, attached hereto and incorporated herein by this
reference. A site plan designating the lease area and the right-of-way permit area is attached as
Exhibit C and incorporated herein by this reference.
(b) Survey, Maps, and Plans. Lessee is not relying upon and the City is not
making any representations about any survey, plat, diagram, and/or legal description provided by
the City.
(c) Inspection. The City makes no representation regarding the condition of
the Property, or the improvements located on the Property.
2. USE.
(a) Permitted Use. Lessee shall have the right to maintain and use the
Property for parking for its business and for no other business or purpose, without the prior
written consent of the City. The Property shall not be used for illegal purposes. It is agreed that
this Lease shall not be construed as the City's waiver of land use or building code provisions that
would otherwise apply to any improvements or uses of the site.
(b) Restrictions on Use. Lessee shall not cause or permit any damage to
natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling
activity to occur on the Property without required permits. This requirement may pertain to
1
Claremont East Lease
moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical,
biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property, except as is permitted herein and performed in the ordinary course
of the business of Lessee's use and except as otherwise approved in writing by the City. If
Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this
Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all
steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City
may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon
demand by the City, Lessee shall pay all costs of such remedial action, including but not limited
to the costs of removing and disposing of any material deposited improperly on the Property.
This section shall not in any way limit Lessee's liability under Section 8, below. The covenants
contained in Section 2(b) shall survive expiration or termination of this Lease.
(c) Conformance with Laws. Lessee shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates, regulations,
ordinances, statutes, and other government rules and regulations regarding its use or occupancy
of the Property.
(d) Liens and Encumbrances. Lessee shall keep the Property free and clear
of any liens and encumbrances arising out of or relating to its use or occupancy of the Property.
3. TERM.
(a) Term Defined. The term of this Lease is ten (10) years (the "Term"),
beginning on the _st day of , 2006 (the "Commencement Date"), and ending on the
_th day of _, 2016 (the "Termination Date"), unless terminated sooner under the terms of
this Lease. The Lease term in consistent with the term of the Right-of-Way permit set forth in
Exhibit B. If there is a conflict in the dates of the term of this Lease and the Right-of-Way
permit, the dates of the term of the Right-of-Way permit shall prevail and shall serve as the dates
oflease term of this Lease.
(b) Lease Extension. The parties hereto may extend this agreement upon
terms mutually agreeable. There is no option to extend granted herein.
(c) End of Term. Upon the expiration or termination of the Term, as
applicable, Lessee shall surrender the Property to the City in the same or better condition as
existed on the Commencement Date, reasonable wear and tear excepted.
(d) Hold Over. If Lessee remains in possession of the Property after the
Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The
occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease,
which may be terminated by either party on thirty (30) days written notice. The monthly rent
during the holdover shall be the same rent which would be due if the Lease were still in effect
and all adjustments in rent were made in accordance with its terms. If the City provides a notice
to vacate the Property in anticipation of the termination of this Lease or at any time after the
Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee
shall be a trespasser and shall owe the City all amounts due under applicable law.
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Claremont East Lease
4. LEASE PAYMENT.
(a) Monthly Payment. During the term of this Lease, Lessee agrees to pay
Lessor, without notice or demand, the sum of four hundred twenty dollars ($420.00) per month
("Lease Payment") plus the leasehold tax as set forth in Section 5, in advance, on or before the
first day of the first full calendar month of the term hereof and a like sum on or before the first
day of each and every successive calendar month thereafter during the term hereof.
(b) Consumer Price Index Adjustments. The monthly Lease Payment shall
be adjusted every year during the term(s) of this Agreement based upon the prior years'
Consumer Price Index (CPI) for all urban consumers as published by the United States
Department of Labor for Seattle- Tacoma-Bremerton, all items (1982-84-100). For purposes of
the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (i.e. June
2006- June 2007). The CPI adjustment shall occur on the following January 1 st of each year
during the term of this Agreement. Lessee shall make this payment to Lessor by the fifteenth day
of the month following the end of each month. Lessee may prepay these monthly payments on a
quarterly, semi-annual or annual basis or as otherwise approved by the Lessor.
(c) Payment Place. Payment is to be made to the City of Bremerton, Attn:
Director of Financial Services, 345 Sixth Street, Suite 600 Bremerton, Washington 98337.
5. OTHER EXPENSES.
During the Term, Lessee shall pay the following additional expenses:
(a) Leasehold Excise Tax, Other Taxes and Assessments. Lessee shall pay
all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to
RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to
Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever,
applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or
Lessee's use and enjoyment of the Property.
Lessee shall pay quarterly to the City by the fifteenth day of the month following the end
of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold
tax owing. Lessee may prepay these quarterly payments on a semi-annual or annual basis or as
otherwise approved by the City.
6. LATE PAYMENTS AND OTHER CHARGES.
(a) Late Charge. If any rental payment is not received by the City within ten
(10) days of the date due, Lessee shall pay to the City a late charge equal to ten percent (10%) of
the amount of the Lease to defray the overhead expenses of the City incident to the delay.
(b) Overdue Lease Payment. Unpaid installments of the Monthly Lease
Payment or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty
and Noll 00 Dollars ($50.00) to cover the excess costs of administration and shall bear interest
from the date due of twelve percent (12%) until all rent and interest has been paid in full. Lessee
hereby further agrees to pay any attorneys' fees and expenses incurred by Lessor by reason of
Lessee's failure to pay Monthly Lease Payment or other charges when due hereunder.
(c) No Counterclaim, Setoff, or Abatement of Lease Payment. Except as
expressly set forth elsewhere in this Lease, Lease Payments and all other sums payable by Lessee
3
Claremont East Lease
pursuant to this Lease shall be paid without the requirement that the City provide prior notice or
demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement.
7. IMPROVEMENTS.
(a) Lessee-Owned Improvements. So long as this Lease remains in effect,
Lessee shall retain ownership of all Existing Improvements and all authorized improvements it
may place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to the
Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined
in Subsection 7(d) below. No Lessee-Owned Improvements shall be placed on the Property
without the City's prior written consent.
(b) Construction. Prior to Lessee commencing any construction, alteration,
replacement, removal or major repair of any improvements (whether City-Owned or Lessee-
Owned), Lessee shall submit to the City plans and specifications which describe the proposed
activity. Construction shall not commence until the City has approved those plans and
specifications in writing and Lessee has obtained a performance and payment bond in an amount
equal to 100% of the estimated cost of construction. The performance and payment bond shall
be maintained until the costs of construction, including all laborers and material persons, have
been paid in full. The City shall have thirty (30) days in which to review the proposed plans and
specifications. The plans and specifications shall be deemed approved and the requirement for
the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise
within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the
City with as-built plans and specifications. The City's consent and approval shall not be required
for any routine maintenance or repair of improvements made by the Lessee pursuant to its
obligation to maintain the Property in good order and repair that does not result in the
construction, alteration, replacement, removal, or major repair of any improvements on the
Property. The provisions of this section do not obviate any permit requirements that may apply
to the proposed activity.
(c) Removal. Unless otherwise agreed by the City in writing, Lessee-Owned
Improvements shall not be removed by Lessee during the Lease term or upon expiration or
termination of this Lease and upon expiration or termination of this Lease, shall become the
property of the City without payment by the City.
(d) Unauthorized Improvements. Improvements made on the Property
without the City's prior consent pursuant to Subsection 7(b) or which are not in conformance
with the plans submitted to and approved by the City ("Unauthorized Improvements") shall
immediately become the property of the City, unless the City elects otherwise. Regardless of
ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever,
remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to
remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee
for the cost of removal and disposal.
(e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free
from any liens arising out of any work performed, materials furnished, or obligations incurred by
Lessee.
4
Claremont East Lease
8. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store.
deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage,
petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants or substances
defined as hazardous or toxic in accordance with applicable federal, state, and local laws and
regulations ("Hazardous Substances") in, on or about the Property. Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup
costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any
way related to the Release by Lessee, or any of its agents, representatives, or employees, or the
presence of such Hazardous Substances in, on or about the Property occurring at any time after
the Commencement Date and arising out of the activities of Lessee, or any of its agents,
representatives or employees. The provisions of this paragraph shall survive termination or
expiration of this Lease.
9. ASSIGNMENT AND SUBLETTING.
(a) City Consent Required. Lessee shall not sell, convey, mortgage, assign,
pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease
or the Property without the City's prior written consent, which may not be unreasonably withheld
by the City. Recognizing that the Lease serves property Lessee owns commonly known as
Claremont East and is therefore an integral part of its property, Lessor agrees that Lessee or its
assigns may assign its interests in the Lease to any subsequent purchaser of its property so that
the leasehold interest transfers with ownership of the property. In the event of such consent, each
permitted transferee shall assume all obligations under this Lease, including the payment of rent.
No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of
Lessee.
(b) Rent Payments Following Assignment. The acceptance by the City of
the payment of rent following an assignment or other transfer shall not constitute consent to any
assignment or transfer.
10. INDEMNITY.
(a) The City shall not be liable for any injury to any person or for any loss of
or damage to any property (including property of Lessee) occurring in or about the leased
Property and caused by or resulting from any act or omission by Lessee any officer, agent,
employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and
covenants to indemnify, defend, and hold harmless the City and those persons who were, now
are, or shall be duly elected or appointed officials or members or employees or agents thereof,
against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments
of whatsoever kind or nature whether to persons or property, to the extent arising on said
Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant
to this lease and arising out of or in connection with Lessee's use and occupancy of said
Property. The foregoing provision shall not be construed to make Lessee responsible for injuries
5
Claremont East Lease
to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee
or visitor of Lessor.
(b) Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of
Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability
hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions
of Section 10 shall survive the expiration or termination of this Lease.
11. INSURANCE.
(a) General Commercial Liability Insurance. Lessee, at its own expense,
shall provide and keep in force with companies acceptable to Lessor comprehensive general
liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per
occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate
of such policy within thirty (30) days of the Commencement Date of this Lease and whenever
required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name
Lessor as an additional insured and shall be primary and noncontributing with any insurance
carried by Lessor. The policy shall further provide that it shall not be canceled or altered without
twenty (20) days prior written notice to Lessor.
(b) Certificate of Insurance. Lessee shall provide to the City documentary
evidence, certified by the insurer, of all insurance(s) required in this Lease.
(c) Subrogation. The City shall not be liable to Lessee (by way of
subrogation or otherwise) or to any insurance company insuring the other party for any loss or
damage to any building, structure, or other tangible property, or any resulting loss of income, or
losses under worker's compensation laws and benefits, if any such loss or damage is covered by
insurance benefiting the party suffering such loss or damage or was required to be covered by
insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required
give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
12. MAINTENANCE AND REPAIR.
(a) The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part
thereof, during the Term.
(b) Lessee's Repairs, Alteration, Maintenance and Replacement.
(i) Lessee shall, at its sole cost and expense, keep and maintain the
Property and all improvements in good order and repair, in a clean, attractive, and safe condition
including maintenance of the parking area, signage, striping and sweeping.
6
Claremont East Lease
(ii) Lessee shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any
improvements on the Property which may be required by any public authority.
(iii) All additions, repairs, alterations, replacements or changes to the
Property and to any improvements on the Property shall be made in accordance with, and
ownership shall be governed by, Section 7, above.
13. DAMAGE OR DESTRUCTION.
(a) In the event of any damage to or destruction of the Property or any
improvements, Lessee shall promptly give written notice to the City.
(b) Unless this Lease is terminated, there shall be no abatement or reduction in
rent due to any damage or destruction of the Property. '
14. DEFAULT AND REMEDIES.
(a) Acts Constituting Default. Lessee shall be in default of this Lease on the
occurrence of any of the following:
(i) Failure to pay the Lease Payments or other expenses when due;
(ii) Failure to comply with any law, regulation, policy, or order of any
lawful governmental authority;
(iii) Failure to comply with any other provision of this Lease;
(iv) Failure to cure a default pursuant to S~ction 14(b) below;
(v) Lessee vacates or abandons the Property;
(vi) Failure to comply with the terms of the Right-of-Way permit set
forth in Exhibit B; or
(vii) Proceedings are commenced by or against Lessee under any
bankruptcy act or for the appointment of a trustee or receiver of Lessees' property.
(b) Failure to Cure. A default shall become an event of default ("Event of
Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee
with written notice of default, which specifies the nature of the default. Notice of default is not
required in the case Lessee vacates or abandons the Property or the Lease is terminated as a result
of a revocation of the Right-of- Way permit as set forth in Section 15(d) below.
15. REMEDIES ON DEFAULT.
(a) Termination and Re-entry. In the event of any default or breach by
Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written
notice to Lessee and the Lessor shall have the right to enter upon the Property and re-take
possession thereof.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Property by Lessor, Lessee shall remove all personal property located thereon and upon
failure to do so upon demand of Lessor, Lessor may remove and store the same in any place
selected by Lessor, including but not limited to a public warehouse, at the expense and risk of
Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for
a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or
7
Claremont East Lease
private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the
payment of the charges for storage, if any, and thirdly to the payment of any other sums of money
which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to
Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully
reentering and taking possession of the Property or lawfully removing and storing the property of
Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by
Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible
entry.
(c) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to
Lessor under the law or judicial decisions of the State of Washington.
16. REVOCATION OF RIGHT-OF-WAY PERMIT AND TERMINATION OF
LEASE.
Lessee acknowledges that the Right-of-Way issued in conjunction with this Lease is an
integral part of this Lease and further that said permit is conditionally issued subject to the
Lessor's use and need for the permitted Right-of-Way. Since this Lease and the Right-of-Way
permit set forth in Exhibit B are inter-connected, a revocation of the Right-of-Way permit shall
constitute a termination of this Lease without further notice, and likewise, a termination of this
Lease pursuant to the provisions hereof shall constitute a revocation of the Right-of-Way permit
without further notice. Lessee acknowledges that in the event the Lessor has a need for the
permitted Right-of-Way for any purpose, the Right-of-Way permit may be revoked and this
Lease terminated accordingly. A notice of default is not required in the event this Lease is
terminated due to a revocation of the Right-of-Way permit.
17. ENTRY BY LESSOR. The City shall have the right to enter the Property at any
time to inspect for compliance with the terms of this Lease. The City and/or City's agents shall
comply with all of Lessee's work safety rules and restrictions, including but not limited to
following Lessee's warning instructions and, without prior approval of the Lessee, keep out of
restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous
substance exposures on the Property.
18. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time:
Lessor:
Director of Parks and Recreation
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, Washington 98337
8
Claremont East Lease
Lessee:
Claremont East Retirement Apartments, Inc.
Bremerton, Washington 98_
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
provIsIOns:
(a) Authority. Lessee and the person or persons executing this Lease on
behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that
Lessee has full right and authority to enter into this Lease, and that each and every person signing
on behalf of Lessee is authorized to do so.
(b) Successors and Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
(c) Entire Agreement. This Lease, including the exhibits and addenda, if
any, contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any, are
merged into this Lease.
(d) Modification. No provision of this Lease may be amended or added to
except by agreement in writing signed by the parties hereto or their respective successors in
interest. The City shall not be bound by any oral representations or statements.
(e) Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the City by law
or equity or otherwise.
(f) Time is of the Essence. Time is of the essence of this Lease and each and
all of its provisions in which performance is a factor.
(g) Severability. Any provisions of this Lease which shall prove to be
invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof
and such other provision shall remain in full force and effect.
(h) Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to a statute
shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any
action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap
County, Washington.
(i) Waiver. No waiver of default by either party of any of the terms,
covenants and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party.
9
Claremont East Lease
(k) Survival of Covenants. The covenants contained herein survIve the
tennination or expiration of the Lease for the applicable statute of limitation periods.
(I) Quiet Enjoyment. The City covenants and agrees that Lessee, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property
during said term without any interruption by the City, its successors or assigns. City will use its
best efforts not to interfere with Lessee's business or right of access to and from the Property
during the term of this Lease.
(m) Recording of Short Form Lease. Neither the City nor Lessee may record
this Lease without the other's prior approval, but the parties will at any time at the request of
either party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this Lease, setting forth a description of the Property, the terms of this
Lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded.
(n) Paragraph Headings. The paragraph or section headings of this Lease
are not a part of this Lease and shall have no effect upon the construction or interpretation of any
part hereof.
(0) Duplicate Originals. This Lease Agreement may be executed in duplicate
originals.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the
last signature below.
CITY OF BREMERTON
By: Cary Bozeman
Its: Mayor
Date:
By:
Its:
Date:
Date:
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
[Notaries are on next page]
10
Claremont East Lease
STATE OF WASHINGTON)
) S
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Cary Bozeman is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to
be the free and voluntary act of such City for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this
day of
,2006.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / /
STATE OF WASHINGTON)
) S
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and acknowledged that (s)he signed this instrument, on oath
stated that (s)he was authorized to execute the instrument, and acknowledged it as
of the Claremont East Retirement Apartments, Inc. to be the free and
voluntary act of said corporation for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this
day of
,2006.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / /
R:\Lcgal\LcgaJ\Forms\Real Estale\Leases\Land Lease-Claremont East as Lessee,doc
11
Claremont East Lease
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~~~
AES
CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
EO. BOX 930 . 3472 N.W. LOWELL "OLD TOWNE" . SILVERDALE. WA 98383 . 360-692-0400 . FAX 360-692-8927
LEGAL DESCRIPTION
LEASE AREA 1
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87<25'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10<25'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERL Y ALONG SAID RIGHT-OF - WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
13034'47" WEST 5.28 FEET; THENCE SOUTH 66017'31" EAST 72.42 FEET TO THE
BEGINNING OF A 566.85 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF
131.44 FEET; THENCE NORTH 10~5'20" EAST 5.20 FEET TO THE POINT OF
BEGINNING.
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AES
CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
PO. BOX 930 . 3472 N.W. L.OWELL "OLD TOWNE" . Sf!. VERDALE. W A 98383 . 360-692-6400 . FAX 360-692-8927
LEGAL DESCRIPTION
LEASE AREA 2
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIB~D AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87<>25'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET; THENCE WESTERLY ALONG SAID RIGHT -OF- WAY
LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH
66017'31" WEST ALONG SAID RIGHT-OF-WAY LINE 98.08 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH
66017'31" WEST 148.19 FEET; THENCE LEAVING SAID RIGHT-OF- WAY LINE SOUTH
12055'43" EAST 14.29 FEET; THENCE SOUTH 65054'18" EAST 140.35 FEET; THENCE
NORTH 37055'03" EAST 19.10 FEET TO THE POINT OF BEGINNING
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EXPIRES 11/101 !)
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EXHIBIT A
10/20/2006 11:57
360-473-53'38
BREHERTiJH Et~GmEERIG
PAGE 02/06
City of Bremerton
3027 Olympus Drive * Bremerton, WA 98310-4799
Application for Long Term Type C
Rigbt-of-Way Use Permit
I
APPLICANT INFORMATION
I
-
~ ~ame:
I Company:
Address:
I Fax No.: - .
Telephone No.:
E-Mail:
PERMITTEE INFORMATION (if different)
Name:
..
Company:
: . .-
I Address.
fTelePho~e No:
E-ivlail:
-\ Fax No.:
SITE INFORMATION
. 1. Street Address:
2. Description of penn it area (distance from property comer, dimensions and shape of area, etc.):
May be attached
3. Attach a drawing of the permit area showing the adjoining property, proposed right-of-way use area
including the dimensions and angles from the adjoimng property corner. This must match the property
description in Number 2 above.
4. Area of right-of-way used (square feet):
Description of use (ie; paved parking circulation, equipment storage/display, paved parking area
signage, etc.):
')
I~ -
I
I
I
I
i
C,
I
l
J
EXHIBIT B
18/20/2006 11:57
350-473-5398
BREMERTON Et'lGINEERIG
PAGE 03/06
CITY OF BREMERTON
LONG TERM TYPE C RIGHT-OF-WAY USE PERM.IT
~
\6. Requested duration of penn it (minimum 2 months, maximum 5 years):
17. Documentation of allowed use from the City Economic and Community Development Department
1 (attach).
\s. Insurance accord form in the amount of$l,OOO,OOO with the City named as additional insured (attach).
19. Application fee of$100.00.
SITE INFORMATION (continued):
For City Use Only
r----. --~
1. Date Received:
2. Application Material Complete: 0 Yes By:
D No
Date:
3. . Value of Adjoining Land: Total
No. of Square Feet
. Value per Square Foot:
$
/ Sq Ft
. Value of Permit Area (annually):: $
4. Information put on permit and returned to applicant for processing (Date):
I Applicant needs to provide first years rent with signed permit.
I S. Signed pelmjt received from applicant.
16. Executed penuit returned to applicant.
L-.
ROW Type C hmlit App, .b, 07126199
10/20/2005 11:57
350-473-5398
BREf'/1ERT[lH EHGIt'EERIG
PAGE 04/05
PermIttee:
Location:
LONG-TERM TYPE C RIGHT-Of-WAY USE PERMIT
THIS PERMIT is made and entered into this day of , 20_, by
and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as
"City" and , hereinafter referred to as "Permittee".
WITN!;SSETH:
In consideration of the covenants, promises and terms contained herein, the parties
hereby agree as follows:
1. Location of Properly. City hereby permits the Permittee to use the following
described real property within the City right-of.way:
; hereinafter referred to as "Property".
2. Use of Property. Permittee shall have the use and occupancy of the Property
for the purpose of:
Permittee understands and agrees that the right-of-way can not be used to meet
development standards or permit requirements such as parking, landscaping, set back or buffer
area on a permanent basis.
3. Term. The term of this Permit shall be years, commencing on the
day of . 20 . and terminating years thereafter,
unless terminated earlier according to the provisions herein.
4. Use Fee. Permittee shall pay City for the rent of said Property the sum of
$ to be paid annually the first payment due on the commencement date. Annual
payments shall be due January 10th of each year of the agreement.
5. Repairs and Maintenance. Permittee agrees to accept all responsibility for
maintenance of all improvements placed on the Property by the Permittee and to keep the
Property and any such improvements thereon in a state of good repair and to maintain them at
all times so as not to cause any safety hazard nor visual blight on the Property. Permittee
agrees to perform City directed repairs and maintenance within 30 days of written notice from
the City.
6. Ownership of Improvement. All improvements erected by Permittee on the
Property shall remain the property of the Permittee.
Type C - ROW Permit - Pagel
Permittee:
Location:
Rev 4-8-2003
10/20/2005 11:57
350-473-5398
BREMERTON ENGINEERIG
PAGE 05/05
7. Removal of Improvements. Improvements shall be permanently removed by
the Permittee at the termination of the Permit or upon sixty days (60) written notice from the City
at such time the City finds it necessary to modify the use of the Property. If the required
removal is not completed within the time stipulated by the City, the City is authorized to have the
removal work done and the cost thereof, including administrative and legal fees, shall become a
civil debt of the Permittee and shall be a lien against the Permittee's property. Also, the City
may, without notice, remove the improvements as necessary to repair utilities or other public
facilities. The City has no obligation to reconstruct or replace such improvements.
8. Compliance with Law. In the use of Property, Permittee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulations.
9. Assignment of Permit. Permittee shall not assign or transfer its interest in this
Permit, or sublet the Property or any parts thereof, or permit the Property to be used for any
purpose not permitted by this Permit, without prior written consent of the City. Any attempt to
assign or transfer an Interest in this Permit shall be cause for immediate termination.
10. Insurance. Permittee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to City comprehensive general liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and property damage-
Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this
coverage and indicating that the City is an additional named insured thereunder. Thirty (30)
days advance notice to City of cancellation shall also be provided.
11. Indemnification. Permittee hereby agrees to defend and indemnify and hold
harmless the City from any and all claims, lawsuits, damages or actions or liability which may
arise from the Permittee's use of said Property pursuant to this Permit. No employees or agents
of Permittee shall be considered employees or agents of the City.
12. Tormination. Either party may terminate this Permit by furnishing to the other
party, by registered mail, a notice of termination at least sixty (60) days prior to the intended
date of termination. If Permittee defaults in payment of rent, or breaches any other covenant or
condition of the Permit, City may declare a forfeiture of this Permit for such default, reenter the
property, and remove the improvements, upon ten (10) days written notice to cure breach or
default and Permittee fails to do so.
13. Notices. All notices to be given by either of the parties hereto to the other party
shall be in writing and may either be delivered personally or may be deposited in the United
States mail, postage prepaid, as either certified or regular mail, addressed as specified below.
or to such other designate in writing.
City:
Permittee:
City of Bremerton
City Clerk
345 6th Street, Suite 600
Bremerton, W A 98337
Type C - ROW Permit - Page 2
Permittee;
Location:
Rev 4-8-2003
10/20/2006 11:57
360-473-5398
BREtvlERTOH Et-jG I t-1EER I G
PAGE 06/06
14. Waiver of Default. No waiver of default of either party of any of the terms.
covenants. and conditions hereof to be performed, kept and observed by the other party shall
be construed as, or operate as, a waiver of any subsequent default of any of the terms,
covenants. and conditions herein contained. to be performed. kept and observed by the other
party.
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written.
PERMITTEE:
Dated:
By:
CITY OF BREMERTON
Date:
By:
Mayor
DEPARTMENT APPROVAL:
Public Works and Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
City Clerk
Type C - ROW Permit - Page 3
PermittAA:
Loc~tion:
Rev 4-8-2003
~@~
AES
CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
po. BOX 930 .3472 N.W LOWELL "OLD TOWNE" . SILVERDALE, W A 98383 . 360-692-6400 . FAX 360-692-8927
LEGAL DESCRIPTION
R/W PERMIT AREA
JUNIPER STREET
THAT PORTION OF JUNIPER STREET SITUATED WITHIN THE PLAT OF 2ND
ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS,
PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERL Y RIGHT-OF -WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 23042'29"
EAST 5.00 FEET; THENCE SOUTH 66017'31" EAST 73.35 FEET TO THE BEGINNING OF
A 556.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 129.08
FEET; THENCE SOUTH 1 0~5'20" WEST 5.00 FEET TO THE POINT OF BEGINNING.
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DATE SUBMITTED: 10/18/2006
BILL # Ob-.,)3S-'
......................................................................m.................
SUBJECT: Public Hearing and~~l~n1e Committee Meeting Date: 10/25/2006
to adopt the 2006 Comprehensive Plan COUNCIL MEETING Date: 11/1/2006
Amendment Docket. Department: DCD
Presenter: Andrea Spencer
Phone: 473-5283
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
16
SUMMARY: The action before the Council is to conduct a public hearing and adopt an ordinance
for the 2006 Comprehensive Plan Amendment Docket.
ATTACHMENTS:
1. Proposed Ordinance.
2. Staff memo describing the Planning Commisson recommendation.
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass Ordinance No.1"~f adopting amendments to the
Comprehensive Plan Text and Offical Land Use Map as recommended by the Planning Commission.
CONSENT AGENDA
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
..-----
ORDINANCE NO. ~ 4
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the City of Bremerton
Comprehensive Plan, adopted by Ordinance No. 4917 and amended
by Ordinance No. 4954, as follows: Update the introduction text for
clarification of urban separators, amend the land use map designation
. for Northwest Corporate Campus from Employment Center to Low
Density Residential, Amend the land use map designation for Parcel
No. 322401-3-044-2001 from City Utility Land to Low Density
Residential, and Correct the Eventual Growth Map boundaries to be
consistent with Kitsap County's April l, 2005 adopted plan.
WHEREAS, the Washington State Growth Management Act ("GMA") requires
internal consistency among comprehensive plan elements and the plans from other jurisdictions;
and
WHEREAS, to assure that comprehensive plans remain relevant and up to date,
the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are
considered by the City Council (RCW 36.70A.l30(2)), and limits these amendments to once
each year unless an emergency exists; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Comprehensive Plan in Title 21.06.01 of the Bremerton Municipal Code (BMC), that limits
amendments to the Comprehensive Plan to no more than once each biennium with amendments
occurring only on even-numbered years; and
WHEREAS, on August 28,2006 the Washington State Department of Community,
Trade, and Economic Development received notification of the Comprehensive Plan Amendment
docket for 2006; and
WHEREAS, no applications were received from the public and the docket is
limited to the four items brought forward by staff; and.
WHEREAS, on August 19,2006 the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held
by the Planning Commission; and
WHEREAS, on August 29,2006 the Planning Commission conducted the public
hearing on the 2006 Comprehensive Plan Amendment Docket and formulated a recommendation
for City Council consideration; and
WHEREAS, on September 7, 2006 a SEPA DNS was issued for the proposed
1
2006 Comp Plan Amendment
action with an administrative appeal deadiine of October 5, 2006 and no appeals were filed; and
WHEREAS, on October 21, 2006 the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by
the City Council; and
WHEREAS, on November 1, 2006 the City Council conducted a public hearing
and considered all testimony prior to their decision; and
WHEREAS, the proposal meets requirements of the Washington State Growth
Management Act (GMA); and
WHEREAS, the proposal is consistent with Kitsap County Countywide Planning
Policies (KCCPP).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.. The findings and conclusions adopted by the Planning Commission
attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein.
SECTION 2.. The City of Bremerton Comprehensive Plan adopted by Ordinance
No. 4917 and amended by Ordinance No. 4954, is hereby amended as follows:
A. Amend text of the Introduction on page 13 to read as follows:
As Sinclair Inlet ends in the shallows of the Gorst Creek inlet, the landscape
continues south as a wide valley with an undulating floor along Highway 3. The
existing Bremerton City Limits follow the west side of the highway for several
miles. The industrial lands in this area provide some of the prime venues for the
City's economic growth. They have excellent transportation access, can be linked
by transit to nearby residential growth areas, and are largely free of critical area
lands.
Bet\veen this area and urbanizing lands outside of Port Orchard, the Sunnyslope
rural area provides a beneficial separator between the tvvo cities. By agreement
among Bremerton, Port Orchard, and Kitsap County, the Sunnyslope separator
provides long term certainty about each community's ultimate growth, without the
need for either city to "push" its respective UG,^..'s in the short term to protect
future interests.
Over time, unincorporated land between Gorst and Bremerton will be added to the
City's UGA as that land is needed for additional growth. Depending on rates of
grov\'1:h, these conversions mayor may not happen ',vithin the current 20 year
Gl\L\ planning horizon. The City of Bremerton believes that such urbanizing
areas around the City should be associated with the City's growth future, and will
2
2006 Comp Plan Amendment
work toward demonstrating the capacity to be the provider of urban services in
these areas. During the discussions of UGA associations the City will continue to
work cooperatively with the City of Port Orchard and Kitsap County to ensure
that there are appropriate urban separators between the urban areas of Port
Orchard and the future Silverdale.
B. Amend the text of the Land Use Element on page 61 to eliminate reference to
Northwest Corporate Campus as an employment center as follows:
Northwest Corporate Campus Employment Center
The North'v'/est Corporate Campus is a large urea along Highway 16, southeast of
Gorst. The urea will be developed as a '.vell integrated mixed use Employment
Center. A detailed center development plan should be prepared to ensure that the
area is developed as an integrated mixed use Employment Center.
C. Amend the official Land Use Map to change the designation of the Northwest
Corporate Center site from "Employment Center" to "Low Density Residential"
as shown in Exhibit B
D. Amend the official Land Use Map to correct the mis-designation of Parcel
No. 322401-3-044-2001. The parcel was mistakenly designated as "City Utility
Land" on the Comprehensive Plan Land Use map and should be designated as
"Low Density Residential" as shownin Exhibit C.
E. Correct the Eventual Growth Map. This is a corrective action to update our
eventual growth map to be consistent with a settlement agreement with Kitsap
County as a result of a Central Puget Sound Growth Management Hearings Board
appeal. This map update is to amend the City's depiction of the Unassociated
UGA Boundaries in the SKIA vicinity to be consistent with the boundaries shown
in the County's April 1, 2005 adopted maps. The map amendment is shown in
Exhibit D.
SECTION 3. Severability. If anyone or more sections, sub-sections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Ordinance shall take effect and be in force
thirty (30) days from and after the date of passage as provided by law.
3
2006 Comp Plan Amendment
PASSED by the City Council the
day of
,2006
CECIL McCONNELL, Council President
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
,2006
,2006
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
R:\Legal\Legal\Ordinances\Community Development\2006 Comp Plan Amend.doc
4
2006 Comp Plan Amendment
FINDINGS AND CONCLUSIONS
OF THE
CITY OF BREMERTON PLANNING COMMISSION
2006 Biennial Comprehensive Plan Amendment Docket
I. FINDINGS OF FACT
1. Project Description
2006 is City's standard year for the consideration of biennial Comprehensive
Plan amendments. The Plan was adopted in December of 2004 and the intent of this
year's amendment process is to make only minor changes and corrections. The City
did not receive any amendment applications from the public and therefore the
amendment docket is only comprised of the changes that have been identified by staff.
The docket is comprised of four changes: A clarification in the Introduction text,
modification of the land use designation of the "Northwest Corporate Campus Site" from
"Employment Center" (EC) to "Low Density Residential" (LDR), correction of a mis-
designated privately owned property (Tax Parcel 10:332401-3-044-2001) from "City
Utility Land" (CUL) to "Low Density Residential" (LOR), and a correction of the Eventual
Growth Map to show UGA boundaries that are consistent with that adopted by Kitsap
County.
2. Procedural History
2.1 On August 25,. 2006 Staff notified the Department of Community, Trade and
Economic Oevelopment(CTED) of the intent to adopt amendments to the
Comprehensive Plan and CTEO received this notice on August 29, 2006.
2.4 On August 19, 2006 a notice of Planning Commission public hearing was
published in the Kitsap Sun and the public was invited to comment.
2.5 On August 29, 2006 Planning Commission conducted a public hearing on the
2006 Comprehensive Plan docket.
3. Public Comment
3.1 Individuals submitting written comments: None
3.2 Individuals providing verbal testimony at Planning Commission public hearing:
None
4. SEPA Determination
SEPA determination on this will be completed following the Planning Commission public
hearing.
5. Consistency
Amendments to the Comprehensive Plan shall meet the decision criteria outlined in
BMC 21.06.080. The Planning Commission may recommend, and the City Council may
adopt or adopt with modifications, an amendment to the comprehensive plan if the
criteria outlined below are met.
EXHIBIT A
5.1 BMC 21.06.080(A) allows amendments to the Comprehensive Plan if there
is an obvious technical error in the pertinent comprehensive plan provisions.
Three of the amendments, clarification of the Introduction text, correction of the Land
Use Designation for Tax Parcel 10: 322401-3-044-2001 from CUL to LOR, and
modification of the Eventual Growth Map to illustrate the correct boundaries for the
UGA are clearly technical corrections and it is appropriate to make these
modifications at this time.
5.2 BMC 21.06.080(B) allows amendments to the Comprehensive Plan if
certain criteria have been met.
The amendment of the land use map to change the designation of the Northwest
Corporate Campus from EC to LOR meets the criteria for amendment as discussed
below.
5.2 (1) The amendment is consistent with the Growth Management Act by
addressing the current land uses of the sites by adjusting the map to better suit
the needs of those uses, and directs urban growth in appropriate areas.
5.2 (2) The amendment to change to LOR is consistent with the comprehensive
plan such as LU-3 because it allows for an environment that promotes growth,
and LU-1 by enhancing distinctive neighborhoods, communites, and centers
throughout the city.
5.2 (3) The Planning Commission previously reviewed and City Council adopted
the land use map in December 2004. Since that time circumstances related to
the proposed amendment have significantly changed, or the needs of the City
have changed, which support an amendment. The vision for the subject property
is that it will be developed with residential, not commercial employment uses.
5.2 (4)This amendment to the land use designation is compatible with existing or
planned land uses and the surrounding development pattern.
5.2 (5) The amendment to designate the area LOR will not adversely affect the
City's ability to provide urban services at the planned level of service. The
amendment will bennefit the public health, safety and welfare by achieving some
of the City's housing goals, including H3 "Provide a variety of housing types and
densities to meet changing needs of Bremerton residents."
EXHIBIT A
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, Planning Commission concludes that the 2006
Comprehensive Plan Amendment Docket has met the criteria for amendments to the
plan as detailed in BMC 21.06.080 and therefore recommends adoption by the City
Council.
Respectfully submitted by:
Executive Secretary
Approved by:
John Cockburn, Chair
EXHIBIT A
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DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Andrea L. Spencer, AICP
Date: 10/1812006
Re: 2006 Comprehensive Plan Amendment Docket
The City adopted a new Comprehensive Plan in December 2004. Although the plan is
still very new, four minor amendments have been identified by the staff as necessary at
this time. Amendments to the City's Comprehensive Plan are regulated by BMC
20.10.010; the code allows the City Council to consider amendments to the Plan no
more than once each biennium; with the consideration of amendments occurring in
even-numbered years.
The public may also request amendments to the Comprehensive Plan in even-
numbered years, and those requests must be submitted to the Department of
Community Development between January and April of the amendment year (BMC
20.10.030). The City did not receive any requests from the public during this year's
application window. Therefore the "docket," or list, of changes to the Comprehensive
Plan for the 2006 biennial amendment cycle therefore only includes only the four
changes identified by the staff.
The Planning Commission held a public hearing on August 29, 2006 and unanimously
recommended that the City Council adopt these changes. The Planning subcommittee
of the Council reviewed these changes at their September 13 regular session. The
information on the following pages describes the four amendments to the Plan in detail.
CITY OF BREMERTON
2006 COMPREHENSIVE PLAN AMENDMENT DOCKET
AMENDMENT 1
"INTRODUCTION" TEXT AMENDMENT
Overview: Amend the Introduction text to reflect current information regarding the
growth future of the City. The reference to only one "urban separator" between Port
Orchard and Bremerton is outdated - there should be reference to separators between
both Port Orchard and the future Silverdale.
Amendment to Introduction Text, page 13:
As Sinclair Inlet ends in the shallows of the Garst Creek inlet, the landscape continues
south as a wide valley with an undulating floor along Highway 3. The existing
Bremerton City Limits follow the west side of the highway for several miles. The
industrial lands in this area provide some of the prime venues for the City's economic
growth. They have excellent transportation access, can be linked by transit to nearby
residential growth areas, and are largely free of critical ar~a lands.
Between this area and urbanizing lands outside of Port Orchard, the Sunnyslope rural
area provides a beneficial separator between the two cities. By agreement among
Bremerton, Port Orchard, and Kitsap County, the Sunnyslope separator provides long
term certainty about each community's ultimate growth, VJithout tho need for either city
to "push" its respective UGI\'s in the short term to protect future interests.
Over time, unincorporated land between Gorst and Bremerton will be added to the
City's UGA as that land is needed far additional growth. Depending on rates of grmNth,
these conversions mayor may not happen within the current 20 year GMA planning
horizon. The City of Bremerton believes that such urbanizing areas around the City
should be associated with the City's growth future, and will work toward demonstrating
the capacity to be the provider of urban services in these areas. Durinq the discussions
of UGA associations the City will continue to work cooperatively with the City of Port
Orchard and Kitsap County to ensure that there are appropriate urban separators
between the urban areas of Port Orchard and the future Silverdale.
Eventually, Bremerton's ability to provide urban services will answer questions left
unsettled in the designation of UGAs surrounding Bremerton in Kitsap County's 1998
Comprehensive Plan. These questions include: "To whom is the future development of
this area tied?" and, "Who will provide the required urban services?"
CITY OF BREMERTON
2006 COMPREHENSIVE PLAN AMENDMENT DOCKET
AMENDMENT 2
"lAND USE ELEMENT" TEXT AMENDMENT & MAP MODIFICATION
Overview: Conditions have changed since the adoption of the Comprehensive Plan
regarding the use of the "Northwest Corporate Campus" site. The site previously had
an adopted development agreement that allowed and encouraged commercial uses.
The agreement has been abandoned and the site will be developed with residential
homes. With this change of conditions it is more appropriate for the site to be
designated as "Low Density Residential" and the Comprehensive Plan text and map will
need to be changed.
Amendment land Use Element Text, page 61 :
North"'J8st Corporate Campus Employment Center
The North'Nest Corporate Campus is a large area along High'Nay 16, southeast of
Gorst. The area 'Nill be developed as a well integrated mixed use Employment Center.
A detailed center development plan should be prepared to ensure that the area is
developed as.an integrated mixed use Employment Center.,
Please also see.land use map modification shown in Exhibit B of.the proposed
ordinance.
CITY OF BREMERTON
2006 COMPREHENSIVE PLAN AMENDMENT DOCKET
AMENDMENT 3
LAND USE MAP CORRECTION
Overview: Shortly after adoption of the City's new zoning code and map it was
discovered that a privately owned parcel in the southwest vicinity of the city was
mistakenly designated as "City Utility Land" on both the Zoning and Comprehensive
Plan Land Use map. This parcel should have been designated in the Comprehensive
Plan as "Low Density Residential, " and the purpose of this amendment is to correct this
oversight. Following correction of the Land Use map designation the property will be
proposed for rezone to R-10.
Please see land use map modification shown in Exhibit C of the proposed
ordinance.
CITY OF BREMERTON
2006 COMPREHENSIVE PLAN AMENDMENT DOCKET
AMENDMENT 4
EVENTUAL GROWTH MAP CORRECTION
Overview: Following adoption of the Comprehensive Plan in December 2004 Kitsap
County appealed the action to the Central Puget Sound Growth Management Hearings
Board. The concern raised in the appeal was that the depiction of the Unassociated
UGA Boundaries in the City's Eventual Growth Map was not consistent with the
boundaries shown on the County's maps. The City and County reached an agreement
that indicated that we would modify our maps to show the correct boundaries as the
County has adopted them. At this time we are brining forward an amendment to the
eventual growth map to show the corrected boundary.
The reader should note that Kitsap County is currently undergoing a 10-year update to
their Comprehensive Plan and the UGA boundaries could again change. The City will
strive to update our eventual growth maps to be consiste1]t with that shown in the
County's Comprehensive Plan.
Please see Eventual Growth Map modification shown in Exhibit D of the proposed
ordinance.
DATE SUBMITTED: 10/18/2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL#~
7C
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Ot-dA.Vl~V\Ce..* 4q gS
SUBJECT: Closed Record Public Hearing
and ordinance to approve a rezone that will
correct a mapping error for the property at
4475 Birch Avenue West parcel.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
10/25/06
11/1/06
DCD
Andrea Spencer
473-5283
SUMMARY: Consistent with the 2006 Comprehensive Plan Amendments the action before the
Council is to grant approval of a site specific rezone to correct a mapping error for the property at
4475 Birch Avenue West.
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RECOMMENDED MOTION: Move to pass Ordinance No.:if'f65 to rezone the property at 4475
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Birch Avenue West from City Utility Land to R-IO.
ATTACHMENTS:
1. Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
d o~~~vJ-
I CONSENT AGENDA?1 e.\\'
D Continue D No Action
c. Council President inquires:
1. "All Council Inembers should now give
consideration as to whether they have: 1.) a
demonstrated bias or prej udice for or against any party
to the proceedings; 2.) a direct or indirect monetary
interest in the outcome of the proceedings; 3.) a
prejudgment. of the issue prior to hearing the facts on
the record; or 4.) ex parte contact with any individual,
excluding administrative staff, with regard to an issue
prior to the hearing. If any Council member should
answer in the affirmative, then the Council member
should state the reason for their answer at this time so
that the Chair may inquire of the City Attorney as to
whether a violation of the Appearance of Fairness
Doctrine or a Conflict of Interest exists."
2. "If any member of the public believes any
Council member should excuse themselves due to a
conflict with the Appearance of Fairness doctrine, or
for another concern, please state the reasons now."
PROCEDURE FOR CLOSED RECORD HEARING ON
HEARING EXAMINER'S RECOMMENDATION
I. ST AFF REPORT AND PRESENTATION
1. After the Appearance of Fairness inquiry, Council President asks staff to
present Hearing Examiner Recommendation.
2. Pursuant to Council policies, no public comment permitted.
3. Council may ask questions of staff and applicant (discussion limited to the
record).
II. COUNCIL CONSIDERATION
The Council may approve and adopt the hearing examiner's recommendation
unless one of the following conditions exists on the record:
1. Proceedings were materially affected by irregularities in procedure,
2. Recommendation is outside the authority of the hearing examiner,
3. Recommendation is based on an erroneous interpretation oflaw,
4. Recommendation is not supported by substantial evidence, or
5. Recommendation is based on clearly erroneous application of law to facts.
III. DECISION
The Council may take any of the following actions:
1. Approve and adopt the hearing examiner's findings and recommendation,
2. Modify and approve the findings and recommendation based upon council
findings,
3. Reject and deny the hearing examiner's findings and recommendation on
the proposal as originally submitted based upon councilfindings, or
4. Continue the closed record hearing and remand to the hearing examiner
for clarification on issues of record.
a) No public testimony on remand.
b) Requires consent of applicant if remand causes decision to be
made beyond 120 day review period.
R:\LEGALlDcpartl11ents-Geneml\City CouncillCity Council Procedure rc hearing exam recoln.doe
ORDINANCE NO. ~5
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Official Zoning Map for a
single parcel located at 4475 Birch Avenue West from City Utility
Land to Low Density Residential.
WHEREAS, in November of 1989 the City Council adopted ordinance 4248
approving a rezone of the 20 acre parcel at 4475 Birch Avenue West, tax parcel # 322401-3-044-
2001 as part of a sale agreement changing the zoning from Forestry Management Land, to Single
Family Residential; and
WHEREAS, the rezone documentation was inadvertently never completed and the
Official Zoning Map was not amended to reflect the 1989 rezoning action; and
WHEREAS, in March of 1998 City Council adopted ordinance 4625 to correct
the Official Zoning Maps error by changing the zoning of the property at 4475 Birch Avenue
West, tax parcel # 322401-3-044-2001 from Forest Management to Single Family Residential;
and
WHEREAS, the rezone documentation was again inadvertently never completed
and the Official Zoning Map was not amended to reflect the 1998 rezoning action; and
WHEREAS; the City Council adopted ordinance 4917 in December 2004
adopting a new Comprehensive Plan and Land Use Map containing a mapping error for the
property at 4475 Birch Avenue West; and
WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005
establishing a new Zoning Code which listed the subject property as City Utility Land; and
WHEREAS, Site specific rezones are a Type IV decision requiring the Hearing
Examiner to hold an open record hearing and provide a recommendation to the City Council; and
WHEREAS, on September 9,2006 the public was notified by legal advertisement
in the Kitsap Sun of the opportunity to comment and participate in the open record public hearing
held by the Hearing Examiner; and
WHEREAS, on September 25, 2006 the Hearings Examiner conducted an open
record public hearing on the site specific rezone to change the designation of 4475 Birch Avenue
West to Low Density Residential on the Official Zoning Map and formulated a recommendation
for City Council consideration to approve the rezone contingent upon City Council approving the
2006 Comprehensive Plan Land Use Map Amendment correction for this property; and
1
Zoning Map Amendment
WHEREAS, the City Council considered and adopted concurrently with this
ordinance the 2006 Comprehensive Plan Amendments correcting the mapping error in the
Official Land Use map for the parcel located at 4475 Birch Avenue West from "City Utility
Land" to "Low Density Residential"; and
WHEREAS, on November 1, 2006 the City Council conducted a closed record
public hearing to consider this rezone proposal; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The findings, conclusions and recommendation of the Hearings
Examiner attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein.
SECTION 2. The Official Zoning Map is hereby amended to change the zoning
from City Utility Lands to Low Density Residential on the property located at 4475 Birch
Avenue West, tax parcel # 322401-3-044-2001, as seen in exhibit B.
SECTION 3 Severability. If anyone or more sections, sub-sections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Ordinance shall take effect and be in force ten
(10) days from and after the date of passage as provided by law.
PASSED by the City Council the
day of
,2006
CECIL McCONNELL, Council President
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
2
Zoning Map Amendment
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
R:\Legal\Legal\Ordinances\Community Development\2006 Rezone.doc
3
,2006
,2006
Zoning Map Amendment
BEFORE THE HEARING EXAMINER
FOR THE CITY OF BREMERTON
In the Matter of the Application of
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FINDINGS, CONCLUSIONS,
AND RECOMMENDA nON
NO. 322401-3-044-2001
The City of Bremerton
For Approval of a Rezone Request for
Property at 4475 Birch Avenue West
SUMMARY
The Hearing Examiner recommends that a request for a rezone from a zoning designation as City
Utility Land to a zoning designation of Low Density Residential be APPROVED, subject to a
condition that the Comprehensive Plan map first be amended in a maimer consistent with the
zoning designation. The proper sequence of Comprehensive Plan adoption, followed by
implementation of the Comprehensive Plan through the rezone action, will then be followed such
that the zoning designation will be effective as consistent with the Comprehensive Plan.
SUMMARY OF RECORD
Request:
The City of Bremerton Department of Community Development requests a rezone of a 20 acre
parcel of property from City Utility Land to Low Density Residential. The purpose of the
request is to correct a mistake in the process of adoption ofthe Comprehensive Plan and the
zoning designation so that the residential zoning will be effective.
Hearing Date:
The Hearing Examiner for the City of Bremerton held an open record hearing on the matter on
September 25, 2006.
Testimony:
The following individuals presented testimony under oath at the open record hearing:
1. Nichole Ward, Planner
Exhibits:
The following exhibits were admitted into the record at the open record hearing:
1. Staff Report, with the following attaclunents:
A. Ordinance 4248
B. Ordinance 4625
C. Comprehensive Plan Proposal
Findings, ConclllSions and Recommendation
Hearing Examinerfor the City of Bremer ton
Rezone ofTa.r Parcel #322401-3-044-2001
Page 1 014
EXHIBIT A
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
1. The City of Bremerton Department of Community Development (City) requests a rezone
of privately owned property, measuring approximately 20 acres, from City Utility Land
{CUL) to Low Density Residential (LOR). The property is identified as Tax Parcel
#322401-3-0044-20001. Exhibit I, Staff Report, pages 1 and 2; Testimony of Ms. Ward.
2. The purpose of the CUL designation is to preserve resource-related functions of land, and
to protect watersheds and timberlands, by allowing limited low impact recreational and
commercial development and requiring a high standard of environmental best
management practices. The intent of the LOR zone is to accommodate single-family
housing by infilling at a range of lot sizes consistent with urban growth patterns.
Bremerton Municipal Code (BMC) 20.60.010; BMC 20.96.010,' Exhibit 1, Staff Report,
page 2.
3. The subject property was previously owned by the City. While owned by the City, the
property was zoned Forest Management (FM) and designated by the City's
Comprehensive Plan as Surplus Utility Land. The property was sold to Puget Western
Incorporated in November of 1989, with the agreement that the property would be
rezoned" Exhibit 1, Staff Report, page 2.
4. The City Council adopted Ordinance 4248, rezoning the property from FM to Low
Density Residential (SF-2), on October 11, 1989. However, neither the City's Official
Zoning Map nor the Comprehensive Plan designation was changed to reflect the rezone.
Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment A,' Testimony of Ms. Ward.
5. Ordinance 4625, adopted March 18, 1998, again approved the amendment ofthe City's
Official Zoning Map to zone the property as SF-2, Low Density Residential. However,
the Comprehensive Plan was not corrected at that time. When the City adopted a new
Comprehensive Plan in December 2004, all properties designated FM were zoned CUL,
including the subject property. Exhibit 1, Staff Report, page 2; Exhibit 1, Attachment B,'
Testimony of Ms. Ward.
6. Currently, the subject property's Comprehensive Plan designation and zoning
classification is City Utility Lands (CUL). Property to the west and northwest is also
zoned CUL and is tmdeveloped. Property to the northeast, east, and south is zoned Low
Density Residential (LDR) and developed with single family residences. Exhibit], Staff
Report, page 1.
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Bremer ton
Rezone ofTox Parcel #322401-3-044-2001
EXHIBIT A
Page 2 of 4
7. The Bremel1:on Municipal Code and the State Growth Management Act require that site-
specific rezones be consistent with the Comprehensive Plan. Where an amendment of the
Plan is required to accomplish a rezone of property, approval ofthe amendment is
required prior to or concurrently with the granting of an approval on the rezone. BMC
20.58.040. The City has included a proposed amendment ofthe Comprehensive Plan
designation for this property in the 2006 Comprehensive Plan Amendment docket. The
proposed rezone would be approved concurrently with or immediately subsequent to
approval of the Comprehensive Plan Amendment. Exhibit 1, Staff Report, page 2;
E;r:hibit 1, Attachment C; Testimony of Ms. Ward.
8. The City completed State Environmental Policy Act (SEPA) review under the
Comprehensive Plan Amendment process. Exhibit 1, Staff Report, page 1.
9. Notice ofthe open record hearing regarding the amendment of the rezone request was
published pursuant to City ordinance. BMC 20.10.090; Testimony of Ms. Ward.
10. Other than the City Planner, there was no other testimony or public comment at the
hearing.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi-judicial
rezone and to issue a written recommendation for final action to the Council, pursuant to
Chapters 2.13 and Title20 of the BremertonMunicipal- Code.
Criteria for Review
Section 20.58.040 of the Bremerton Municipal Code sets forth the standards and criteria the
Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only
be granted if: .
1. The rezone is consistent with the Comprehensive Plan;
2. The rezone will advance the public health, safety, or welfare, and will not have adverse
impacts on adjacent properties;
3. The rezone is necessary because either:
a. Conditions in the immediate vicinity or neighborhood have so markedly changed
that it is in the public interest to approve the rezone; or
b. The rezone will correct a zone classification or zone boundary that was
inappropriate when established; and
4. The rezone is in the public interest.
Findings, Conclusions and Recommendation
Hearing Examinerfor the City of Bremerton
Rezone ofTa:~ Parcel #-322401-3-044-2001
Page 3 of 4
EXHIBIT A
Conclusions Based on Findings
1. With conditions, the rezone is consistent with the Comprehensive Plan. Conditions
of approval will ensure that the rezone is not approved without City Council approval of
the 2006 Comprehensive Plan Amendment regarding this property. Findings 6 and 7.
2. The rezone will advance the public health, safety, or welfare and will not have
adverse impacts on adjacent properties. No adverse impacts were identified by the
City. The City Council has previously approved the rezone request in two separate
ordinances. The rezone is consistent with sun-ounding land use and zoning
classifications. Findings 2, 4, 5, 6, and 8.
3. The rezone is necessary to correct a zone classification that was inappropriate when
established. The City intended the property to be zoned as Low Density Residential
upon sale to a private party in 1989. The City Council has previously approved the
rezone request in two separate ordinances. The property was erroneously identified as
City Utility Land during the 2004 Comprehensive Plan update. Findings 1, 2, 3, 4, and 5.
4. The rezone is in the public interest. The property no longer belongs to the City, so the
CUL classification is no longer appropriate. It is in the pu!Jlic interest to allow
appropriate development of the privately owned property. Findings 2 and 3.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the
application for a site-specific rezone of20 acres identified as Tax Parcel #322401-3-044-20001
from City Utility Land to. Low Density Residential be APPROVED with the following
condition: .
The City Council should first approve the 2006 Comprehensive Plan Land Use Map
Amendment Correction for this property. .
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DATED this 5 day of October 2006.
-\,~~~~~Q~~
THEODORE PAUL HUNTER
Hearing Examiner
Findings, Conclusions and Recommendation
Hearing Examiner fOl" the City of Bremerton
Rezone of Tax Parcel #322401-3-044-2001
Page 40f4
EXHIBIT A
Redesignate Hatched Parcel to
Low Density Residential (R-10)
Tax Parcel #: 322401-3-044-2001