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HomeMy WebLinkAbout03/07/2007 AGENDA ,,~ FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 MARCH 7, 2007 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 (#AB07-041) B. Minutes of Meeting - February 21,2007 (#AB07-042) C. Minutes of Meeting - February 28,2007 (#AB07-043) D. Budget Adjustment for the Purchase of Storage and Equipment at the New Police Building (#AB07-044) E. Purchase of Dry-Pit Submersible Flygt Pumps from WHITNEY EQUIPMENT (#AB07-045) F. Professional Services Agreement with MERCHANT PATROL for Security Services (#AB07-046) G. Pre-Purchase of a 1.5 megawatt generator for the Wastewater Treatment Plant (#AB07-047) H. Conveyance of 3,550 square feet of City property to the United States of America for Naval Station security improvements (#AB07-048) I. Resolution No. 3024, approving the New Hope Final Plat and Planned Unit Development for 18 units, File BP06-00190 (#AB07-049) 6. GENERAL BUSINESS A. Budget Adjustment and Contract with CONSERVATION TECHNIX for Park Plan Update (#AB07- 050) ,B. Resolution No. 3025, adopting the Bremerton Neighborhood Enhancement Program (#AB07- 051) C. Resolution No. 3026, ratifying the Kitsap Countywide Planning Policies as approved by the Kitsap Regional Coordinating Council (#AB07-052) 7. COUNCIL MEMBER REPORTS ~: 8. 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. DATE SUBMITTED: / BILL# 07-011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA .a....................a......................a.......................s....a........E.... SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 3- 7-() 7 Financial Services Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: rrSCf"L'BUDCET: ..-DPERATIOWg: ~ COUNCIL PRESIDENT: -teJ. . 1:-7- ' RECOMMENDED MOTION: Move to approve: 1) Check#'s 3/S-/~ - =3 /S-~20 - I CONSENT AGENDA !:2J I EFT's 7()O I - 7003 $ / O{);;Z) WO, 57 / 2) Regular Payroll for $ 3) Retiree Payroll for COUNCIL ACTION: ~ $ D Deny D Table D Continue D No Action , , \ DATE SUBMITTED: BILL # 07-- otJ~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~8 ...........................................a............................................ Fe b rVlo..ry ,;),,11 ~Do7 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A II/} Oi ~ 7. ;:2.oc. 7 City Council' Will Maupin, Council President (360) 473-5280 SUBJECT: City Council Meeting Minutes for meeting of Phone: SUMMARY: Attached is a summary of the City Council Meeting held FebY"L-tCi ., y cT~ d-007 ATTACHMENTS: Meeting Minutes for Febrv..4..r d J (, ~bD7 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: Zj /({~v~ CONSENT AGENDA [B" GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. - -___.._..._ .. ................,.........T rt A rI no___. n 'T'~1...1~ n ~__+~_.....~ rll-..T.... A I"hnn DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 21,2007 . The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, February 21, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Associate in Ministry Ethvl Mae Nelson of Our Saviour's Lutheran Church. President Maupin announced that a Pre-Council Session to discuss General Council Business was held prior to the meeting; and that Council will be holding a 20-Minute EXECUTIVE SESSION to discuss "Pending Litigation" per RCW 42.30.110 (1) (i) and "Labor Negotiations" per RCW 42.30.140 (4)(b) immediately following the business meeting. Action is anticipated following the Executive Session. MAYOR'S REPORT . Provided copies and briefed the Council on his "2006 Financial Results Summary Report"; and . Thanked the Council for their efforts in setting policy; arid commended the Finance Department and Department Heads for being good stewards of the City's money. Pl:.IBLlC RECOGNITION &. ANNOUNCEMENTS Adam Brockus invited the public to attend the next District 3 Community Meeting to be held on Tuesday, February 27 from 7:00 to 8:30 PM at the Manette Senior Center located at East 13th Street and Nipsic Avenue. The program will include "City of Bremerton Fire Department Q & A" with Fire Chief AI Duke. Helen Miller asked if financing is in place for the Westpark development. President Maupin indicated that this question should be directed to the Bremerton Housing Authority. CONSENT AGENDA A. Check Numbers 314675 through 314928; and EFT-9525 through EFT-9543 in the amount of $2,664,443.69 (#AB07 -027) B. Minutes of Meeting - February 7,2007 (#AB07-028) C. Budget Amendment from the General Capital Improvement Fund; and Contract with Opus NORTHWEST, INC. for the remodel of the Oyster Bay Room in the Kitsap Conference Center (#AB07 -029) D. Budget Adjustment to the 510 Account for purchase of 3 Fire Department Staff Cars; 1 BKAT Van; and 1 Public Works and Utilities Body Truck; and replacement "Conflict Monitor" for Electronics Division (#AB07-030) . E. Purchase of 7 Police Vehicles. (#AB07-031) F. Budget Adjustment i1i Personnel within the Department of Public Works and Utilities eliminating a Lead Automotive Equipment Technician and replacing it with an Automotive Equipment Technician Supervisor at Pay Band 17 (#AB07-032) G. Schedule 74 Underground Conversion Agreement for 1st Street from Washington Avenu~ to Pacific Avenue with PUGET SOUND ENERGY (PSE) (#AB07-033) H. Appointment of Bishop Lawrence R. Robinson to the Bremerton Housing Authority Board of Commissioners (#AB07 -034) Gordv Bvrd asked when the police vehicles would arrive. Jim Orton, Fleet Manager, answered that the vehicles would arrive late Mayor early June, and would be in service by August. City Coundl Reg. Mtg. Minutes Wednesday, February 21,2007 Page 2 of 4 Mayor Bozeman introduced Bishop Robertson to the Council and thanked him for serving on the Bremerton Housing Authority Board of Commissioners. He also thanked David Farr for his service on the Board in prior years. Bishop Robertson also thanked David Farr, the Mayor, and the Council for the opportunity to make a difference. 5:44:27 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - RESOLUTION NO. 3022. COMNlENCING NEGOTIATIONS FOR INTERLOCAL AGREEMENT REGARDING THE POTENTIAL ANNEXATION OF NAVY YARD CITY (#AB07-G35): Andrea Spencer, Community Development Director, explained that the resolution commences negotiations with Kitsap County to create an interlocal agreement regarding the annexation of unincorporated lands known as Navy Yard City in the West Bremerton area. Through the 'Island Interlocal' annexation method, a city may annex territory having 60% or more contiguity to city limits after an interlocal agreement has been executed with the County. Ms. Spencer then summarized the process that the City will go through to pursue annexation of Navy Yard City which is about 225 acres and is within Bremerton's Urban Growth Area. This process could take up to a year and will allow residents time to either agree or disagree with possible annexation efforts. Other issues to consider will include management of sewer districts, crime and code enforcement, and possible improvements. Dena Geyer asked if West Hills would be considered. Mr. Maupin stated that the next item on the agenda would address the West Hills issue. Gordy Byrd opposed the annexation due to his personal experience of receiving better service outside city limits. Ms. Arends commented that this is the first step of the process and that there will be opportunities hi the future for the public to comment on whether or not they support annexation of Navy Yard City. Mr. Brockus added that Navy Yard City being an island causes police-response issues and therefore annexation will actually improve police-response. Ms. Robinson believed that this. is a good move for the City and asked what role the Boundary Review Board would play in the annexation process. Ms. Spencer answered that the Boundary Review Board will consider potentially annexed property and make recommendations to the City. Mr. GehrinQ commented that the standard for the level of service to be provided is much higher for the City than the County, and Navy Yard City would benefit from annexation. Mr. Maupin looked forward to the future discussions regarding Navy Yard City. 05:53:31 M/S/C/U (Priest/Brockus) Move to pass Resolution No. 3022, commencing negotiations to create an Interlocal Agreement with Kitsap County regarding annexation of unincorporated lands known as Navy Yard City. 6B - RESOLUTION NO. 3023. INITIATING ANNEXATION PROCEEDINGS FOR THE WEST HILLS ISLAND OF UNINCORPORATED TERRITORY IN WEST BREMERTON (#AB07~036): Andrea Spencer, Community Development Director, stated that the resolution initiates proceedings for an annexation by the abbreviated Island annexation method, and sets a public hearing date for March 21,2007 on the proposed annexation. West Hills is approximately 175 acres, is completely surrounded by the City, and is within Bremerton's Urban Growth Area. Following passage of the resolution, there will be a public meeting between City staff and residents, and a public hearing will be held to take further comment from interested parties and property owners. Council could then adopt . an ordinance approving annexation. City Council Reg. Mtg. Minutes Wednesday, February 21, 2007 Page 3 of 4 Gordy Byrd asked for clarification on the boundary lines for West Hills. Ms. Spencer referenced a map to respond to his question. Ms. Miller asked for clarification on the petition requirements for annexation. Ms. Spencer explained that the percentage of registered voters to respond by petition is higher for the interloCal method of annexation in comparison to the island method of annexation. The City has already been through previous negotiations with the County regarding West Hills so there is previous history and communication with residents in dealing this proposed annexation. Dena Geyer expressed concerns over possible property tax increases and how much industrialization could occur; and provided testimony of slow fire response. Ms. Spencer answered that these issues would be addressed during the public meetings as well as offer information on the petition process. Helen Miller asked if there is specific RCW to assist in forming a petition. Mr. Lubovich responded that there is no specific RCW addressing the petition process, but upon passage of the ordinance, registered voters may form a 10% petition if they do not wish to be annexed, and information regarding the petition process would be provided at the public meeting. Mr. Maupin emphasized that there will be opportunities to obtain more information at the meet and greet meeting, and citizens may also provide comments at the public hearing on March 215t. Dena Geyer asked when the petition would have to be filed following the public hearing on March 21 s1. Mr. Lubovich answered the petition would need to be filed within 45 days after passage of the ordinance. Ms. Priest asked how the public would be notified. Ms. Spencer responded that the residents would be notified of the "Meet & Greet" meeting as well as the public hearing. Mr. Gehrina added that with respect to Tracyton, sewer rates are actually cheaper within the city. 06:15:31 M/S/C/U (ArendslWofford) Move to pass Resolution No. 3023 initiating annexation proceedings for the West Hills area, and setting a hearing date on the proposed annexation for March 21,2007. 6C - ORDINANCE NO. 4999. CHANGING THE BOUNDARIES OF CITY COUNCIL DISTRICT 1 TO INCLUDE RECENTLY ANNEXED PROPERTY (#AB07-037l: Roaer Lubovich, City Attorney, summarized that the City Council passed Ordinance No. 4997 annexing certain property to the City of Bremerton and establishing the effective date of the annexation as February 1, 2007. The annexed property is adjacent to City Council District 1. The proposed ordinance assigns the annexed property to City Council District 1. There were no comments from the public. Mr. Brockus asked if this will be a similar process for the other annexations. Ms. Spencer answered that if annexations for West Hills or Navy Yard City were approved, then those boundaries would be included in the prospective ordinances. 06:21 :35 M/S/C/U (McConnell/Gehring) Move to pass Ordinance No. 4999 assigning recently annexed property to City Council District 1. COUNCIL MEMBER REPORTS Nick Wofford encouraged people to apply for vacancies on boards and commissions. Dianne Robinson provided a summary of the sessions she attended while at the AWC Conference; and while in Olympia. also attended the African American Legislative Day. She further reported on City Council Reg. Mtg. Minutes Wednesday, February 21,2007 Page 4 of 4 the Neighborhood Meeting held at Matan Park last Saturday to discuss the "Beautification of Anderson Cove" and hopes to resolve lighting issues; and announced that a "Better Workplace Award" was presented recently to Art Anderson Associates. Adam Brockus hopes the public will be able to attend the next District 3 meeting as he previously announced; and thanked Senator Rockefeller and Rep Kilmer for crafting Bill 5978 that is currently being reviewed by the legislature to look at education needs in Kitsap County. Brad Gehrina thanked AWC for representing the city's concerns and was pleased with Governor Gregoire's approach to reaching statewide goals. He added that he was pleased to see Bremerton's need to expand education being considered at the state level. Mr. Maupin also attended the AWC Conference where he learned about possible legislation that may improve growth management and annexation efforts. Council Members recessed at 6:31 for a 20-Minute Executive Session and action is anticipated. At 6:55 PM the Executive Session was extended 10 minutes. Meeting was reconvened at 7:05PM. 8A- EXECUTIVE SESSION TO DISCUSS "PENDING LITIGATION" PER RCW 42.30.110 (1)(i); AND LABOR NEGOTIATIONS" PER RCW 42.30.140 (4}(b): Roaer Lubovich, City Attorney stated that based on discussion during the executive session, action must now be taken by Council regarding the pending litigation issue. 07:05:52 M/S/C/U (Wofford/McConnell) Move to authorize the City Attorney to file an appeal in the case of WEBG v. Bremerton, Kitsap Superior Court Cause No. 06-2-01149-1; to authorize the City Attorney to retain the services of Foster Pepper PLLC to represent the City on appeal based on the Letter of Engagement from Foster Pepper PLLC dated February 21,2007; and to authorize the City Attorney to take all action necessary to litigate the appeal. With no further business, President Maupin adjourned the regular Council Meeting at 7:06 PM. Prepared and Submitted by: ~~ CHRISTINE GRENIER Council Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: 3/1 /07 BILL # D7- 0+3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL EC. ..m........ms...............a..m..............m..a............a......................... SUBJECT: City Council Meeting Minutes for meeting of :J.../d <3/07 Committee Meeting Date: N/ A COUNCIL MEETING Date: r1lo..Y'ck 7) ;;).007 Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held F-e.lo~ 2.-<<6 I 2-C>O 7 ATTACHMENTS: Meeting Minutes for f-~f\..ARY'Y z...g,' ::li:>o7 FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N~ AI ;fY/7Iv-~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. r-""1 ~ rt ~ 1"1 r-1 11_~_4.":_~,,_ n l\.T........ A.........;"'"" DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 28, 2007 The weekly meeting of the City Council of the City of Bremerton was called to order. in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, February 28,2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were Assistant City Attorney Ken Bagwell; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Council Member Dianne Robinson. President Maupin announced that a Pre-Council Session was held to discuss General Council Business, including a presentation on an "Interlocal Agreement with Kitsap County for Court Security Services" by Ken Bagwell, Assistant City Attorney. It was noted that action will be taken on this item. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus announced that the 2007 Teen Fest would be held on Saturday, March 3rd at the Kitsap Mall in Silverdale from 5:00 to 8:00 PM. The event will include a fashion show and prizes. Nick Wofford invited the public to attend the First Friday Art Walk which will be held this week on March 2nd; and encouraged people to donate blood at the Puget Sound Blood Center Blood Drive on Monday, March 5th here in the Meeting Chambers. . Mike Shepherd invited people to attend the Peninsula Dance choreography show on Saturday, March 3rd at Noon at the Admiral Theater. Will Maupin announced an informational meeting will be held on Friday, March 2nd beginning at 2:00 PM at the Westpark Community Center to answer questions regarding the Westpark resident relocation process. CONSENT AGENDA A. Check Numbers 314929 through 315157; and EFT-9545 through EFT-9554 in the amount of $870,399.12 for the period ending February 15, 2007; and Regular Payroll in the amount of $697,328.71 for the pay period ending February 15, 2007 (#AB07-039) There were ho comments from the public. 05:36:17 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. 5A - INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR COURT SECURITY SERVICES (#AB07-040): Ken BaQwell, Assistant City Attorney, summarized that RCW 39.34 authorizes the City to enter into agreements for the joint provision of governmental services. This proposed agreement authorizes the City to use Kitsap County's trained, professional Court Security Officers at the City's new Municipal Court Facility. The County will provide one Court Security Office who will screen the public as they enter the facility. The Court Security Officer will also provide other general security services for the Court. There were no comments from the public. Cecil McConnell asked if this agreement impacts the County's security to bring one of their officers to Bremerton. Mr. Baawell answered no. City Council Reg. Mtg. Minutes Wednesday, February 28,2007 Page 2 of 2 Brad Gehring commented that he knows the officer well, and is well known and liked. Will Maupin emphasized that security has been long overdue for the court, and believed this was a good move for the City.. 05:39:01 M/S/C/U (Arends/Priest) Move to approve the Interlocal Agreement for Court Security Services and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. President Maupin asked the Council Members to reconvene in the Council Conference Room for a STUDY SESSION to hear presentations on upcoming agenda items. With no further business, the Council Meeting was adjourned at 5:41 PM. p~~ L RI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg 07-01-4- )A TE SUBMITTED: 2/13/07 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ........................................................................................ SUBJECT: Police Department Budget Adjustment for New Building Improvements Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 2/28/07 3/7/07 Police Chief Rogers 473-5750 SUMMARY: The original building costs in the 2002 Public Safety Bond project for the new Police building provide little funding for storage capacity or equipment required for functional efficiency. Storage cabinets for Police equipment, paper and document supplies for administrative business and items like clothing, chemical supplies for evidence processing, and office supplies are furnishings not associated with building construction. Fifty-eight thousand dollars ($58,000.00) is needed towards equipment, storage closets and case-work furnishings, both stand alone cabinets/shelving and built-in cabinets/shelving. These are currently unfunded requirements that are real needs for the Department. As the building project nears completion and occupancy and use of the building starts, it has become apparent that this storage and equipment is needed for the space to work properly for the Department. ATTACHMENTS: Attached Explanatory Memorandum FISCAL IMPACTS (Include Budgeted Amount): There are currently no budget funds for these expenditures. A 2007 budget amendment is required to authorize the money to be spent as outlined. The Director of Financial Services has preliminary financial results for 2006 that indicate a positive variance over the 2006 budget. Funds for this budget amendment would come from the General Fund ending balance being higher than anticipated. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the requested budget adjustment of $58,000.00 to the 2007 Police budget expenditures in support of equipment purchases for the new Police building. COUNCIL ACTION: 0 Approve D Deny D Table D Continue 0 No Action MernorandulTI To: Bremerton City Council President and Its Members From: Police Chief Rogers Date: 2/13/2007 Re: Police Department Budget Adjustment for the New Building Equipment and Storage Improvements The Bremerton Police Department has been preparing for its relocation to a new facility with the realization that allocated bond funding would not provide all the required equipment. The original building costs in the bond provide little to no funding for storage capacity for functional efficiency. Storage cabinets and closets for Police training equipment, paper and document supplies for administrative business and items like clothing, chemical supplies for evidence processing, and other office supplies, are furnishings not associated with building construction, re-model and upgrades. Fifty- eight thousand dollars ($58,000.00) is needed towards equipment, storage closets and case-work furnishings, both stand alone cabinets/shelving and built-in cabinets/shelving. These were unfunded requirements that are real needs now as the building project is coming to completion, and occupancy and use of the building is expected to start. '\ The total dollar amount of the adjustment request is $58,000.00. These expenditures are currently not included in the 2007 Budget. A budget amendment is therefore required. Funds would be provided by the positive ending fund balance variance carried forward into 2007 for the General Fund. Request favorable consideration on the agenda bill for the budget adjustment. I 1 DATE SUBMITTED: February 13,2007 AGENDA BILL CITY OF BREMERTON 1f 07- 04-5 CITY COUNCIL ..........................................................................5.tf......, SUBJECT: Purchase of four Dry-Pit Submersible Flygt pumps for Pump Stations OB-2 (1), OB-6 (1) and EB-9 (2) Committee Meeting Date: February 28, 2007 COUNCIL MEETING Date: March 7, 2007 Department: Public Works & Utilities Presenter: Pat Coxon, WW Mgr. Phone: 473-5448 SUMMARY: This equipment purchase is for the replacement of the existing sewage pumps at these specific stations OB-2 - $13,177.00, OB-6 - $12,980.00, EB-9 - $13,700.00 (includes tax), for a total purchase price of $39,857.00. The existing pumps are the original pumps from the 1970's, and we are upgrading to a dry-pit submersible style of pump. These pumps also have the capability of grinding and pumping rags and solids. A TT ACHMENTS: Current pump pricing proposal from Whitney Equipment Company FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the WWTP/Pump Stations Capital Improvements Budget of $225,000.00. Bars #594.3535.56430. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT ~. CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the purchase of four Dry-Pit Submersible Flygt pumps from Whitney Equipment for a total amount of$39,857.00. COUNCIL ACTION: 0 Approve 0 Deny 0 Table Ab/Agenda Bills 2007, Dry Pit Pumps o Continue 0 No Action ,. ',.J Whitney Equipment Company, Inc. 21222 30th Drive SE, Suite 110 Bothell, Washington 98021 Phone: (425) 486-9499 FAX: (425) 485-7409 Date: January 16,2007 TO: Bremerton WWTP Attn.: Frank Harer FAX # (360) 415-5455 From: Michael Dennett Frank, Here is our quote for, OB-2, OB-6 & EB-9: Pump station OB-2:_ One (1) ITT Flygt model NT-3153-466 dry-pit submersible sewage pumps with 15-hp (three-phase 230 volts) explosion proof motor, FLS leak sensors (includes miniCAS relay for control panel), 50-feet of submersible power and sensor cable each pump, 6-inch by 4-inch cast iron flanged inlet elbow, 0 & M manuals, factory vibration test and performance pump test. Price for all above: $ 12,089.00. Pump station OB-6: One (1) ITT Flygt model NT-3153-465 dry-pit submersible sewage pumps with 12-hp (three-phase 230 volts) explosion proof motor, FLS leak sensors (includes miniCAS relay for control panel), 50-feet of submersible power and sensor cable each pump, 6-inch by 4-inch cast iron flanged inlet elbow, 0 & M manuals, factory vibration test and performance pump test. Price for all above: $ 11,908.00. u Pump station EB-9: Two (2) ITT Flygt NP-3127-487 submersible sewage pumps with 10-hp explosion proof motors, FLS leak sensors, 50-feet of submersible power cable, 4-inch cast iron discharge elbows, stainless steel upper guide bar rail brackets, (lower brackets are on the discharge elbows), short section of stainless steel chain and 10-feet of stainless steel guide cable, 0& M manuals and five year warranty. Price: $ 11,848.00 + $ 720.00 (option) Total Cost: $12,568.00 Options for EB-9 pumps: . Two (2) miniCAS 120 relays: $ 720.00. (OB-2 & 6 relays included in the pump price). All prices are good for 60-days starting Tuesday January 16,2007. All pumps are quoted F.O.B. factory, full freight allowed to Bremerton. Price does not include Washington State sales tax or start-up. End message. Justification for sole source of Flygt pumps The Wastewater Utility has a problem in the Oyster Bay collection system with ragging of pumps (textiles flushed into the system) which causes high numbers of wet well maintenance call-outs and more frequent scheduled maintenance and monitoring at these stations. The existing pumps (up to 50 years old) are of two different designs neither of which is good in applications where ragging is frequent. These older pumps have been retained well beyond their originalty estimated useful life and need to be replaced. This contract would authorize the purchase of five new Flygt pumps which are designed as non-ragging with "chopping" capability. We have utilized one of these pumps at OB-2, OB-5, and OB-6 and have had great success in eliminating the ragging problem. We now want to replace the other pump at each of these stations. We also intend to be proactive and install these pumps (2) at pump station EB-9 during the upcoming capital project to avoid the ragging issue there as well. We already have two Flygt pumps installed at EB-3 that have been running for over two years with ,great success. An additional advantage of this approach is the ability to standardize to one pump manufacturer throughout the utility, thus eliminating the need to have repair parts for several different pumps in inventory . Whitney Equipment is the only Flygt pump distributor in the Puget Sound area. We have dealt with them for many years and they do represent other pump manufacturers. DA TE SUBMITTED: February 21,2007 BILL# 07-o4Cp AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F ........................................................................................ SUBJECT: Professional Services Agreement with Merchant Patrol for Security Services at City of Bremerton Facilities as listed in the attachments. Committee Meeting Date: February 28, 2007 COUNCIL MEETING Date: March 7, 2007 Department: PW &U -->tA--/ Presenter: Wayne Hamilton ()f r Phone: 473-5207 SUMMARY: Staff is entering into a new Professional Services Agreement with Merchant Patrol Security Services, Inc. for two (2) years, from 04-01-07 to 03-31-09, for Security Services and Access control at the City Parking Garage, Harborside Parking facility I Conference Center, Bremerton Library and the Municipal Courts building. Compensation is $70,846.44, annually. A TT ACHMENTS: Professional Services Agreement between the City of Bremerton and Merchant Patrol Security Services, Inc. FISCAL IMPACTS (Include Budgeted Amount): Funds are budgeted in the amount of$64,167.00 from the Parking system fund 105 and in the amount of $6,679.44 from the General Facilities fund 49. APPROVALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: - / titr..d' / ~~_ .. t:-~;;-<~- CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Merchant Patrol Security Services, Inc. for security services at City of Bremerton facilities as listed in the attachments, and for the Mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Merchant Patrol Security Services, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Services and Duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Service$ and"Duties may be modified only pursuant to Section VII. G of this Agreement. If the Scope of Services and Duties provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The term of this Agreement shall commence on Aprill, 2007, and will terminate on March 31, 2009 unless terminated earlier pursuant to this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the. City shall pay Consultant in an amount not to exceed,$5,903.87 per month. Consultant shall bill for services at the hourly rate of $18.25 per hour and shall provide security service as specifically described in. the Scope of Services arid Duties Attached hereto as Exhibit A, '.. which is incorporated herein by reference. Consultant shall submit regular billing statements detailing work performed' and amount charged on each task or portion thereof. the descriptions shall conform. to and fall within the categories set out in the Scope ofJServices. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Services and Duties, nor shall Consultant be compensated for such work, unless the Scope of Services and Duties or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance this Section. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Services and Duties and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and .unemployment insurance are available from the City to the employees, agents, representatives, or sub- BremertonlMerchant Patrol Security Services, Inc. Page 1 of9 Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant 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. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arisiI}g out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of ariy of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement 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 the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions ofthis section shall survive the expiration or termination of this Agreement. VI. Insurance: A. Professional Liability Insurance: The Consultant shall provide professional liability or errors and omissions insurance and comprehensive general liability Insurance, including bodily injury and property damage, of at least $500,000 per occurrence. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing that coverage. Bremerton/Merchant Patrol Security Services, Inc. Page 2 of9 Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits ofthe insurer's liability. The Consultant's insurance shall be primary insurance ,as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. B. Automobile Liability Insurance: The Consultant shall provide Commercia Automobile lability Insurance with limits no less than $500,000.00 combined single limit per accident for bodily injury, physical and property damages. Before beginning work on the project described in this Agreement, the Consultant shall provide a Proof of Insurance evidencing that coverage. Automobile Liability Insurance shall be on an "occurrence" basis. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in Bremerton/Merchant Patrol Security Services, Inc. Page 3 of9 connection with the services performed. by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Olalla, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant sl;1all take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. D. Place of Work: The Consultaht shall perform the work authorized under this Agreement at its offices in Olalla, Washington and at the City Parking garage located at 405 Washington Avenue, at the Harborside Parking Facility located ,at 100 Washington Avenue, at the Bremerton Library Building located at 612 Fifth Street, and at the Municipal Court Building located at 900 Pacific Avenue, all in Bremerton, Washington.. Meetings with the City staff as described in Exhibit A, Scope of Services and Duties, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. 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. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. 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 Bremerton/Merchant Patrol Security Services, Inc. Page 4 of9 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. City Address City of Bremerton Attn: Wayne Hamilton 345 6th Street, Suite 600 Bremerton, W A 98337 Consultant Address Merchant Patrol Security Services, Inc. Attn: Don Larson PO Box 964 Olalla, W A 98359 1. 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. J. Non-Waiver of Breach: The failure of the City 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. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. 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. M. 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. N. Assignment: Any assignment of this agreement by Consultant without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon thirty (30) 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 Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City 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 Bremerton/Merchant Patrol Security Services, Inc. Page 5 of9 the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON MERCHANT PATROL SECURITY SERVICES, INe. By: Carv Bozeman its: Mayor Date: By: Don Larson its: President Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\Legal\Legal\Contracts\PUBLIC WORKS\Merchant Patrol Services - 2007.doc Bremerton/Merchant Patrol Security Services, Inc. Page 6 of9 EXHIBIT A SCOPE OF SERVICES AND DUTIES SCOPE OF SERVICES A. City Parking Garage, 405 Washington Avenue; Security personnel shall provide five (5) hours of security service per day, Monday through Friday. In addition, consultant will provide two vehicle Patrols through the facility during the week days and on weekends between the hours of2000 and 0400. B. Harborside Parking Facility, 100 Washington Avenue Security personnel shall provide six (6) hours of security service per day, seven (7) days a week. In addition, consultant will provide two vehicle Patrols through the facility during the week days and on weekends between the hours of 2000 and 0400. C. Bremerton Library Building, 612 Fifth Street; Security personnel shall provide one half (Y;) hours of security service per day, seven (7) days a week. D. Municipal Courts Building, 900 Pacific Avenue;. Security personnel shall provide one half (Y;) hours of security service per day, seven (7) days a week. 2. DUTIES A. City Parking Garage: ~ Patrol on foot and inspect all levels ofthe parking garage, the elevator, stairwells, pay boxes, and the outer perimeter. ~ Report and log all incidents of theft or vandalism. ~ Maintain a daily activity log to be submitted to the City on a monthly schedule or as requested. ~ Vary monitoring points and foot patrol routes heightening effectiveness of services. ~ Notify 911 upon viewing suspicious or criminal activity taking place, or in the event of an emergency. ~ Inspect parking levels and the building perimeter, notifying the City when circumstances are out of the ordinary, i.e. burned out lights, missing or non- functioning fire extinguishers, excessive litter, damage to parking spaces, signs, doors, gates, etc. ~ Look for vehicles left unlocked and/or with valuables in plain sight and leave a courtesy message with tips to prevent car prowls and automobile theft. ~ Leave courtesy messages on vehicles with flat tires, dead batteries, relative suspicious incidents, or damages from criminal activity (vandalism or car prowls) with pertinent information to include; security services company contact Bremerton/Merchant Patrol Security Services, Inc. Page 70f9 information, date and time of the incident, observed situation, and information concerning Law Enforcement or emergency services as applicable. ~ All security personnel shall wear uniform apparel for identification and to maintain a professional appearance when on duty and to enhance authority. ~ Give verbal warnings of "No Trespassing" to persons loitering, and have no vehicle parked. ~ Lock and unlock the gates at designated times. ~ Be available for call outs when someone's vehicle has been locked in after hours. ~ Lock and secure the facility doors at 6:00 P.M. Monday through Friday, to control the entries to the Parking levels. ~ Lock and secure the facility access gates at 12:30 A.M. Monday through Friday. ~ Unlock and open the facility doors and gates at 4:30 A.M. Monday through Friday. B. Harborside Parking Facility: ~ Patrol on foot and inspect all levels ofthe parking garage, the elevator, stairwells, pay boxes, and the outer perimeter. ~ Report and log all incidents oftheft or vandalisrp.. ~ Maintain a daily activity log to be submitted to the City on a monthly schedule or as requested. ~ Vary monitoring points and foot patrol routes heightening effectiveness of servIces. ~ Notify 911 upon viewing suspicious or criminal activity taking place, or in the event of an emergency. ~ Inspect parking levels and the building perimeter, notifying the City when circumstances are out of the ordinary, i.e. burned out lights, missing or non- functioning fire extinguishers, excessive litter, damage to parking spaces, signs, doors, gates, etc. ~ Look for vehicles left unlocked and/or with valuables in plain sight and leave a courtesy message with tips to prevent car prowls and automobile theft. ~ Leave courtesy messages on vehicles with flat tires, dead batteries, relative suspicious incidents, or damages from criminal activity (vandalism or car prowls) with pertinent information to include; security services company contact information, date and time of the incident, observed situation, and information concerning Law Enforcement or emergency services as applicable. ~ All security personnel shall wear uniform apparel for identification and to maintain a professional appearance when on duty and to enhance authority. ~ Give verbal warnings of "No Trespassing" to persons loitering, and have no vehicle parked. ~ Assist Parking Services, as requested during scheduled events and activities. C. Bremerton Library Building: ~ Patrol on foot and inspect all exterior access points, door locks and the outer perimeter of the building. Bremerton/Merchant Patrol Security Services, Inc. Page80f9 ~ Report and log all incidents of vandalism: ~ Maintain a daily activity log to be submitted to the City on a monthly schedule or as requested. ~ Vary monitoring points and foot patrol routes heightening effectiveness of servIces. ~ Notify 911 upon viewing suspicious or criminal activity taking place, or in the event of an emergency. . ~ All security personnel shall wear uniform apparel for identification and to maintain a professional appearance when on duty and to enhance authority. ~ Inspect parking lots and the building exterior, notifying the City when circumstances are out of the ordinary, i.e. burned out lights, faulty door locks, excessive litter, graffiti, vandalism or other damages to City property, etc. D. Municipal Courts Building: ~ Patrol on foot and inspect all exterior access points, door locks and the outer perimeter of the building. ~ Report and log all incidents of vandalism. ~ Maintain a daily activity log to be submitted to tpe City on a monthly schedule or as requested. ~ Vary monitoring points and foot patrol routes heightening effectiveness of servIces. ~ Notify 911 upon viewing suspicious or criminal activity taking place, or in the event of an emergency. ~ All security personnel shall wear uniform apparel for identification and to maintain a professional appearance when on duty and to enhance authority. ~ . Inspect parking lots and the building exterior, notifying the City when circumstances are out of the ordinary, i.e. burned out lights, faulty door locks, excessive litter, graffiti, vandalism or other damages to City property, etc. Bremerton/Merchant Patrol Security Services, Inc. Page 9 of9 07--04-7 DATE SUBMITTED: February 14,2007 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5G- ........................................................................................ SUBJECT: Pre-purchase of a 1.5 megawatt generator for the Wastewater Treatment Plant off of the Washington State Bid List Committee Meeting Date: February 28, 2007 COUNCIL MEETING Date: March 7, 2007 Department: Public Works & Utilities Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The 1.5 megawatt generator is being purchased by the City to replace the existing generator at the Wastewater Treatment Plant. The total purchase price quoted by Cummins Northwest off of the Washington State Bid List is $547,949.99 (including sales tax). A TT ACHMENTS: 1. Council Summary 2. Quotation from Cummins Northwest from the Washington State Bid List FISCAL IMPACTS (Include Budgeted Amount): The $547,949.99 purchase is funded by the WWTP Upgrades Project Budget. See the attached Summary. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: -~~~~ CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the purchase of a 1.5 megawatt generator from Cummins Northwest for a total amount of$547,949.99 (including sales tax). COUNCIL ACTION: D Approve D Deny D Table Ab, 2007 Ag<:nda Bills, Pre-Purcha,e Generator D Continue D No Action COUNCil SUMMARY BREMERTON COMBINED SEWER WWTP UPGRADE PROJECT 1.5 Megawatt Generator Pre-purchase Summary The purpose of the WWTP Upgrade project is to address equipment redundancy and aging equipment needs to maintain continued reliable operations of the treatment plant. One component of the project is the installation of a 1.5 Megawatt emergency generator that will replace the existing generators. Due to the unusually long procurement time associated with this equipment, the generator and associated equipment is being pre- purchased prior to the general construction contract. It is being purchased from the Washington State bid list in order to comply with competitive bidding requirements. The generator will be provided by Cummins Northwest for a total purchase price of $547,949.99. Fiscal Summary This generator pre-purchase will be funded by the $1,000,000 SRF loan identified in the table below. The overall project costs were included in the 2004 utility rate study. However, since that time there have'been modifications to both the project scope and budget in order to provide for the necessary WWTP improvements: The budgeted amount for this project identified in the adopted. 2007 Budget is $4,000,000 and the total project budget is , $5,240,000. The utility rate study anticipated that funding would be provided through a combination of grants and rate 'revenues, however, it is now expected to be funded entirely through a combination of grants and low interest loans. The next update of the utility rate studywilLneedto include the revised project cost information and revised funding sources. The project budget identified in the 2005 rate study for theWWTP upgrades is ,$4,764,000. Funding was anticipated to include $2,274,000 in rate revenue and $2,490,000 in grants. Funds were to have been expended between 2004 and 2006 and potentially would have resulted in negative cash flow balances in 2005 and 2006. At this point, the project has been delayed due to both increases in the scope of necessary improvements and in anticipation of obtaining loan funding. The current total project budget is $5,240,000. There is a single EPA STAG grant in place for the project totaling $1,740,000 and a $200,000 PWTF design loan which has been executed. No additional grant funds are anticipated. Public Works has pursued two other low interest loans to fund the project, a $1,000,000 SRF loan and a $3,000,000 PWTF construction loan (See the summary table on the following sheet). This shift in schedule and funding method has had an immediate positive impact on the Utility's cash flow between 2004 and 2008 as debt service will not begin until 2009. Annual debt service is estimated at $271,000 for the first five years and at $230,500 for the remaining fifteen years term of the loans for a total of $4,812,500 in principal and interest payments over the 20 year term. Although this funding approach results in additional long term costs due to loan interest there are offsetting short term cash flow benefits which increase the flexibility of the wastewater fund. In addition the debt service will now fall beyond the termination of the Cay of Bremer/on WWTP Upgrade - 1.5 Megawatt Genera/or Pre-purchase February 2007 current annual 2.8 million dollar 1994 WWTP Revenue Bond which is retired at the end of this year. There is also a 2010 project for a new digester identified in the 2005 rate study which has a budget of $2,000,000 and was to be funded by utility rates. The digester project is no longer necessary and should result in a net benefit to the wastewater utility budget. It is not anticipated that this debt service will create a future budget shortfall or require an increase in rates beyond that provided in the 2005 rate study. Existing and proposed sources of funds: Loan/Grant STAG Grant- PWTF - SRF - DOE PWTF - In hand In Hand processing Proposed Amount $1,746,000 $200,000 $1,000,000 $3,154,000 Loan Fee N/A N/A N/A N/A (included in Loan Amount) Match Required 71% 15% N/A 15% Term N/A 5-Years (Note 1) 20-Years 20-Years Interest Rate N/A 0.5% 2.6% 0.5% Annual Debt N/A $40,500 $64,500 $166,000 Service (approx.) Notes: 1. The term of the PWTFdesign loan can be increased to 20-years if the City has secured construction financing by June 30, 2007. The City submitted a PWTF Construction loan application'in May, 2006. City of Bremertan WWTP Upgrade ~ 1.5 MegmJlalt Generator Pre-purchase February 2007 FEB-16-07 13 :40 FROM-Cummins Northwest +425-235-8202 T-800 POOl F-283 e Northwest Cummins Northwest, LLC 811 SW Grady Way (98055) PO Box 9811 Renton, \NA 98057-3000 Phone (425) 235-3400 Fax (425) 235-8202 ~ Du-.w. .~-I ~,.I'Il+I"'A........ n. .^t~tinn . '" uy~..~111 '-1C.\.I"'''t;A...'-#' · Date: February 16, 2007 # Pages: if To: Pat Coxon City of Bremerton Public Company: Works Fax Number: 360-473-5455 Phone Number: 360-473-5448 From: Harry Whittaker Title: Power Generation Sales Direct Line: 425-277-5340' Email: harry" whittaker@cummins.com Project Name: Bremerton WWTP Upgrades 1500K'N Generator Hi Pat, Thank you for requesting the following quotation. Please contact me if you have any questions or comments. Best regards, Harry RECElVE[) ,;; : ~~..' n y ;_)~ 8P~r._r;C~::T(~~~'J -t/.<-::~1,'\;."";(-:- -r'! '.rt;,' -l_\C Powerful Solutions - Deoendable 5upoon - EVERY TIME. VNJW .cum m insnorthwest. com This trclnsmiSslon is intended lor the sole use of the i(ldlvidual and enti1y to whom it is addressed, and may contain information that Is privileged, confidential and exempt from disclosure under applicable law. YOI.J are hereby notified that any diSSBmination, distribution or duplication of this transmission by someone oltler than the Intended addressee or Its de",ignated a9<;1(1t Is strictly prohibited. If your receipt of this transmi"sion is in ~rror, pleJ;l<;8 notify this firm immediately by collect call and send the original transmission to us by return mail at the above address. C Power . Generation Onon [II. 120104-1 Rev 4/06 FEB-16-07 13:40 FROM-Cummins Northwest +425-235-8202 T-800 P.002/018 F-283 power Generation Cummins Northwest, LLC 811 SW Grady Way Renton W A 98055 United States Direct: (425)277-5340 February 16, 2007 City of Bremerton Public Works W A United States Main: 360-473-5448 Fax No: Attention: Pat Coxon Project Name: Bremerton WWTP Upgrade 1500KW Standby Generator wI SWGR & Transformer Quotation: 100153000000162868, Thank you for your jnquiry~ We are pleased to quote as follows: - - - Itern -~--- Install, US-Stat 1500DOGAB A331-2 L090-2 L098-2 R002-2 8600-2 H611-2 H536-2 H605-2 H606.2 K911-2 Kg? 4-2 KA08-2 KP60-2 H679-2 USD - - --- - - - ~ _m_____ _ =--~=- ___ ___DescriptiWL ________ _________~ _.:.~ - - ... Diesel Gensel: 60Hz-150011350kW Installation-In USA,Stationary Genset-Diesel,60Hz,1500kW Duty Rating-Standby Power Listing-UL 2200 Emissions-Cert,EPA.lier 2,NR Compression Ignition Voltage-277/480,3 Phase,Wye,4 Wire Alternator-60Hz,3Ph,480V,105!80C-SP SetCntl-PCC,Basic,NoAlphal AnalgDisp Display Language-English Display-Control, Graphical Meters-AC Output,Analog Shutdown Alarm Relay-3PDT Run Relays-Three 3 Pole Double Throw Alarm-Audible, Engine Shutdown Interface-CommunicationsNtwk,FlT -10 Control Mounting-Front Facing 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FEB-16-07 13:40 KP79.2 KP87 -2 C127-2 A334.2 A333.2 E125-2 H389--2 H556-2 0041-2 H607 -2 L01 0-2 L015-2 L026-2 L028-2 L050-2 A358-2 CP01-2 SPEC-A Battery Charger Box & cables O&M O&M CD 2500A CB LB Enclltank Isolation FROM-Cummins Northwest +425-235-8202 T-800 P.003/018 F-283 Circuit Breaker Or Entrance Box-Left Side Only CB-1600A,3P ,600/690V ,UUIEC,ServEnt,1 OO%UL,Left (Load bank) Separator ~FuelJV./ ater Engine Starter~24 VDC Motor Battery Charging Alternator~Normal Output Engine Coollng-High Ambient Air Temperature Shutdown. Low Coolant Level Coolant Heater~208/240/480V, 40F Minimum Ambient Temp Engine Air Cleaner-Normal Duty FHters.Engine Oil, Full Flow and Bypass Test Record-Strip Chart . Test-Extended. Standby Load, 1 Hour Test Record-Certified Genset Warranty-1 Year Base Literature-English Packing-None Common Parts Listing Product Revision. A HO Starting batteries. Sens. 20A Battery charger wI NFPA110 anDunciation. Battery boxes and cables. (3) Standard O&M manual sets in CNW binders. (OK per Pat Coxon 2/2J07) One, O&M data on CD. 2500A Main line circuit breaker is stand alone enclosure, inside generator enclosure. 1 OOOKW, Resistive, radiator mount load bank wI auto load sensing, auto & manuai Gonitol. Sound attenuated, custom enclosure wI 1600 gallon. UL142, OW base fuel tank. Sound level average 74 dBA @ 23 ft. (12) Seismic isolator springs under generator frame. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FEB-16-07 13:40 FROM-Cummins Northwest +425-235-8202 T-800 P.004/018 F-283 In trt Inbound freight Ilnfit -r--- Upfit labor and misc. parts. Delivery Delivery to jobsite. Off loading not included. Spares Spare parts: (1) Air, (3) Fuel & (3) ~i1 Filters, (2) Drive belts, (1) gal paint Transfonner 2000KVA. # SST-328. Three phase compartmental type pad mount transformer. SWGR 15KV, 95KV BIL, Pad Mounted, Deadfront, Air Insulated, switchgear as described in following data sheets. Federal Pacific . lnst. viSit One, site visit during installation_ . Testing On site startup testing to include, 2 visits. Harmonic testing per prototype data. Pre-training One, pre-startup training session. Post training One, post startup training session. ~ I 1 1 1 , 1 , 1 1 1 Grand Total $498,750.00 NOTES: .4D/)'L ~S 1. THIS QUOTATION IS SUBJECT TO CUMMINS I. 0>>6 YEAI!.}'IAIAI(. A6Jl. NORTHWEST, LLC STANDARD TERMS & 2. rllJ€ JIAIJOUA.JG'T>t()L CONDITIONS - SEE ATTACHMEI\lT' I&-' 2- A- U--N-- ---.- .....~~~....,...,.. ^"""""'''''~'CI'''T 1~~' bl.tJtJA)K)/Al6 ~l . I:: YtcAK M?Jl'lII::I'l.....'\IvC J-\'-=lnCCI"',-,... ,,-' NOT INCLUDED IN THIS QUOTATION, 4-. V"LiA{;€ ~~ AVAILABLE FOR AN ADDITIONAL PRICE OF ~. ~Tt,..uloJ WIMt' ~ $ 3,262.00 lncl. 2 visits. ~. ~AJ.E Fo~t:$ (~eA~ c ~~l- Submitted by ~~ TAv' ~ 8."'f. . - -==-~ furAL. 4, ~.f"'Z. .00 .. if. Db . '1 f2. . t!JU oj 718.Ob ~ 4P,et4.oo ~ 441.~, .t' r;~ .h;;'SlLtJb . 4<;'~1t.14 1 ~41 ,~4-,.~i"1 FEB-16-0r 13:40 FROM-Cummins Northwest H.rrywiz,L~ harry .whittaker@cumrnins.com Mobile; 206-604-0445 Fax: 425-235-8202 +425-235-8202 T-800 P.005/018 F-283 FEB-16-0T 13:40 FROM-Cummins Northwest +425-235-8202 T-800 P.006/018 F-283 Cummins Northwest, LLC Att;:)chment to Quotation -Exclusions- Exhaust System: All off-engine piping, hangers, flanges. gaskets, bolts, insulation, and other materials associated with exhaust system installation. Fuel System: All off-engine fuel piping, valves, coolers, filters, pumps, fittings, fuel storage tank & senders, i 3OQ;gallons fuel for testing and initial fill of fuel. Cooling System: Intake louvers, exhaust louvers, air dampers, sheet metal ducting, flex adapters. sound anenuators/baffles, coolant fill for remote radiators & piping Electrical: All off-engine wiring, field tenninations of wiring, and lugs other than those detailed in our submittal. Mounting: Generator mounting bolts and anchors. Vibration isolators (if included) tor the generator will be shipped loose tor installation at the jobsite by others. Miscellaneous: Third party electrical testing and certification, seismic calculations, coordination studies, stamped engineering calculations, emissions testing, all other services and material not specifically listed in the preceding quotation. Documentation: Unless stated otherwise, three sets of 0 & M manuals are available upon request. Electronic documentation may be available at an additional cost (One CD included in price. Available factory data only.) Taxes and Pennits: . Any applicable sales tax, pennits, licenses. All items listed are excluded and will only be supplied bvCummins Northwest, LLC if agreed upon. in writinQ. bv a sales representative for Cummins Northwest. LLC. . Current factory lead time is 75 ~ 78 weeks after drawing approvals. (We may have a generator on order with shorter lead time when proposal acceptance is received.) NOTES: 1) Harmonic testing is per prototype data only. 2) Spring isolators will be ordered per seism ic data for springs to site conditions. Other seismic studies and calculations are by others- (See Miscellaneous above) 3) Please see specific notes on following Bill of Material for transformer and switchgear. -Terms and Conditions- . This offer and quotation incorporates and is contingent upon acceptance ot the terms and conditions in the standard Sales Order of Cummins Northwest, LLC. Purchase Orders Of other documents with terms and conditions that are inconsistent with the CNW standard Sales Order will not be accepted unless agreed to in writing by an officer of Cummins Northwest, LLC. Prices are valid for 30 days 120204 r(N. 2107 FEB-16-0r 13:41 FROM-Cummins Northwest +425-235-8202 T-800 p.OOr/018 F-283 Cummins Northwest, LLC " If included in the quotation, all on-site startup, testihg and training assumes weekdays, during standard CNW business hours. Additional charqes may be added for work reQuested to be done on overtime. weekends.. and holidays. . F.O.B. factory. freiQht allowed to iobsite. otf-loadinq is not included " Factory direct shipments require credit approval prior to shipment . Terms are C.O.D- or net 30 days upon al:mro"aJ of credit " Equipment held for longer than 30 days may be charged a monthly storage fee . Cancellation charges are 25% minimum after release of order 120204 rev. 2/07 FEB-16-07 13:41 FROM-Cummins Northwest +425-235-8202 T-800 P.008/018 F-283 CITY OF BREMERTON Bill of Material Generator Enclosure Assembly Genset Model: Type of Enclosure: Attenuation: Size: Weight: Construction: Walls: Roof: Insulation: Interior lJner: Base: Doors: Decal: Penetrations: Ventilation: REV. A Enclosure is designed for client supplied 1500 genset with spring isolators, 3'x 3' switchgear (Circuit breaker). Insulated, sound attenuated, Nema 3R weather protective dropover walk-in enclosure onto sub-base fuel tank. The sound pressure level shall average 74dBA at 231 in a free field condition. Approximately 39' - 0" long x 10' - 4M wide x 11' - 0" high. Length at the base is 26' - 0". Sub-base fuel tank adds 12" to the overall height. Final dimensions to be confirmed with approved drawings. Approximately 60,OOOlbs (enclosure, genset and dry fuel tank). 12 gauge galvanized steel to ASTM A-653, all welded construction. 4" thick with wall studs approximately every 16'1. Designed to withstand wind loads as per use code. 5- deep with cross members approximately every 2411. Designed to withstand snow loads as per use code. Roof has a 1" peak to minimize ponding of water. 511 & 411 thick rigid fiberglass 22 gauge perforated galvanized steel. 1300 US gallon UL 142, 1211 deep double wall fuel tank with lift lugs, channel under tank for fuel J~ak inspection, electrical stub-up area, generator support cross members and complete with the following options:. > - 2" fill with solenoid valv~ alia containment dam and audio alarm 2/1 vent (piped to exterior) - 1- 1t2" level gauge - 2M low fuel contact - 211 high fuel alarm float - 1" supply - Emergency vent to roof - 111 retum - 2" leak detection float - 2" spare - Secondary emergency vent to roof Tank is pressure tested to five psi. Foundation design is by others. 2 of 18 gauge galvanized steel door (3'-0" x 6'-8") c/w panic hardware with exterior thumb latch, weather stripping, stainless steel threshold and drip edge. Install two of client supplied decals size LL decal on the side of the enclosure. Exhaust opening in the roof complete with rain shield. Muffler mounting support channels in the ceiling are included. Oil and water drains to exterior. ....... Intake - 24 vdc motor operated intake damper, hood complete with silencer and galvanized bird screen. Discharge - Backdraft damper with discharge duct, silencer, hood and galvanized bird screen. Flex connection to wall by Alum-Tek. FES-1s-0r 13:41 Electrical: Paint Exhaust System: Equipment Install: IBG Certification: Ship Loose Items: Freight: Delivery: FROM-Cummins Northwest +425-235-8202 T-800 P.009/018 F-283 100 amp 120/240 single phase combination panel with main circuit breaker, wired to the following. 15 ~ A 480 to 120/240 single phaSe transformer with a primary circuit breaker. - Six fluorescent fixtuies. - Two GFI duplex receptacles. - Block heater wiring. - Battery charger wiring. All wiring is in surface-mount EMT conduit. E- stop is included. All surfaces cleaned to sspc-sp1, all seams sealed, primed with two coats of phenolic primer. The exterior is top coated with two coats of semi-gloss acrylic epoxy paint. Color - TBD. See samples - http://WWV\f;aJum-tek.com!colors.html Other colors and matching available. Alum-Tek to supply and install a super critical pancake muffler inside the enclosure c/w mounting bands, discharge elbow, and raincap. Muffler is insulated with high temperature removable blankets. Exhaust flex by Alum-Tek. Install of client supplied genset, spring isolators and battery charger. Fuel tank and enclosure are certified to meet IBG codes. Discharge silencer, pre-fitted and to be reinstalled by others. FOB our shop, freight allowed to Bremerton, W A. Current lead time is approximately 12 weeks after approval drawings returned to our office. FEB-16-0T 13 :41 FRO~Cummins Northwest +425-235-8202 T-800 P.010/018 F-283 .-- ss-c ~ Power SystemJ Bill of Material ~.~~IBJ;IQN..~~-~~~~\~~~ 01 1 Three Phase compartmental type padmount transformer 60 Hz. 65 de9. C rise, Class OA Orawing Nbr: ""IA_ n.. .... SSTq328 810812003 Rev 2 2000 65 deg. Crise Envirotemp FR3 A1um.i,oum 1247OGyf7200 - 95KV BIL 2@2 1/2 % above 2 @ 2 1/2 % below normal Dead Front Radi<ll Feed Three (3) Wells 15kv 200arnp (3) FeecF1"hrovgh 9 kv (3) MOVE Arresters for HV compartment 480YI277 q 30KY BIL 10-Hole Spade Tenninsls Bay-oqnet oil-immersed expulsion fuse 300A two position loadbreak 24~ deep cabinet 5.75% Nominal'+/- 7.5% - Bell Green (#7GY 3.29[1.5) Temp Rise: Insulating Fluid: Material: Primary Voltage: raps: Configuration: Primary Bushings: Inserts: Arresters: Secondary Voltage: Secondary BushingS: Fusing: Switches: Cabinet: Impedance:' Paint Color: ~~odard Features: . Provisions ,for feed~through; inserts, . Provisions kr MOVE arresters . Provisions for bl,lShing-rnounted CIS .. Bolted cover W/Handhole . Laser-scribed anodized nameplate . Stainless Steel grounding pads (one each in HV and LV compartments) . Captive Bolt Pentahead (Silicon Bronze) Standard Accessories: . 1.0. fill pll,Jg . 1.0" drain plug in the LV compartment . 1.0. drain valve with sampling device in LV compartment . Removable neutral ground strap . Dial Type thermometer . Liquid level gauge . Provisions for Pressure Vacuum gauge . Pressure ReHef Valve Qptior'lal Accessories Included: . Pressure Vacuum Gauge · Hv Warning Signs . Step-up Operation Nitrogen Va'rve and Blanket . NEMA TP1 Certified PJ'Oposal; P27-209476 Sales Offlce;Powel' 2K Plus Ve~ion: 2.2 Rf'Q Entered by: Ernie WhOl!ley Job Bremerton WWTP FEB-16-0T 13:42 FROM-Cummins Northwest +425-235-8202 T-800 P.Ol1/018 F-283 ~ Power SystemJ . Upper filter pre$S valve . UL Label · Seismic Zone 4 Mounting Provisions Stainless Steel Nameplate · (4) canS of touch-up paint · Freight allowed · Pentahead Socket ..... :r:=sr Lead lime 26 to 28 weeks All in !=lccordance with current applicable ANSI standards. Propooal: P27-209476 ~Ies Office: Power 2K Plus Version: 2..2 RFQ Entemd by: Ernie 'M1atley Job Bremertorl WWTP S'f AlWARD FEATURES 1 Wells 15kv 200amp 2 LV Molded bushing wlstd HI-hCJJe spade wlbusbing ~uPElorts 3 ]Lifting lugs (4) 4 lBoJted cover WlBilndhole 5 1.0 hi upper flU plug () Dram vaJye w/sampler 7 Pressure relief va)ve 8 Liquid leve] gauge 9 Dial type thermomet"er 10 Laser.scribed anodt~ed nameplate 1 I Stainless Steel gro\ll1ldlng Jlad~ (one each in HV and LV compal.tments) 12 High security (:8 bln(:t C apdive Bolt: Pentabead (Silicon Br{)nze) 13 Tap changer 14 Loadbreak S\\1tches 300A hvo position 1()ladbreak 15 Fuse Blly-o.nd oil-immersed ex pulsion fuse 16 Gauges Pressure Vacuum Gauge 17 Inserts (3) Feed-Through "* Cabinet depth to be 25 Inches CO~fln[NTI^l- ~USl NOI BE US{O l~ ANY WM D[lRI~tNrAt 10 COOPER PON[R SYsn~s Customer: Cummins Northwest) LLC Project~ BremertoD WWTP .... m OJ Proposnh P27-269476 ..!. 0> I P.O.#: ~ -... Item: ":"OY. Issued b;y: ErnIe Whatley Co> .$:>. 39,0 Date: 211212007 ..... TANK 99.0 Phase: 3 .... ;v C> 2,0 Frequency: 60 HZ 3f n c Cooling: OA EI EI BD.... : 95KV ::J ... Temp Rise: 65 ::z 0 ..., 12470GyJ7200 - Prbnary: ::r :IE III Taps: 2@11/2 % above 2 @ 2112 ... - % below normal Se~onda,ry: 480YJ277 lmpedolllce: ANSI Stllndard Windings: Aluminum '" 9 kv (3) MOVE Arresters ~'; Arrestelrs: ., for HY compartment t- 1 L 72.0 B,O 1 46.0 yJ f HI H2 HJ U~t\J@t\J~ UX=6.5 27.0 E!l SlOE VIEW DETAil X=2.0 fOR STANDARD CABINET X=9.0 WHEN BAYONET FUSES REQUIREO r-- x + .$:>. ..... <.J1 I ..... Co> <.J1 I 0> ..... c:> ..... -I I 0> = c:> :u ~ ..... ........ c:> 0> rRANSFORMER PRODUCTS WAUKESHA, If' RECORD ORAWING H 55T-328 SST 3PH PADMOUNTED TRANSFORMER 2000 KVA R-TEMPI ENV1ROTEMP FR3 FLUID FILLED DEAD ~RONT - RADIAL fEED THIS DRAWING IS CERTlf lED AND ARE "AS aUILT" DIMENSIONS .... I ..... 0> Co> FEB-16-0T 13 :42 FROM-Cummins Northwest +425-235-8202 T-800 P.OI3/018 F-283 fEDERAL .;(. PACIFIC . .. Dovia Osborne. Sales & Application Spe<:ialist P.O. Box e2oo. Bristol. VA 24203-8200 (276) 645-8865 . FAX (276) 645-8212 davia.osborne@electro-meohanical.com SUBJECT: Bremerton WWTP Bill of Materials and special notes. .~ j' .. l~ , ,!1:-,., ;'. , ::r l~; ":~';' Q!t 1 Description ATPSE-&43211-C6-K2.K3- Y2-Y 4- Y5-Y6- Y1 0-200:: 15KV, 95KV 811-. Deadfro~ PJr Insulated7 PadmOunted Switchgear with two (2) 3-pole 600 amp group operated Auto-jet switch~ arid one (1) 3-phase set(s) of fuse mountings for SM-4 fuses. Included are: C6 - Key & Mechanicallnterlocl<ing shall be provided on each operating mechanism to prevent paralleling of sources. K2 - PrO'....isions to padlock switch in open or closed position K3 - Key interlock to prevent opening fuse access door until all switches are locked open Y2 - Overcurrent lock-out to prevent an automatic transfer operation that would close a source intellUpter switch into a fault. Y 4 - Supervisory control proVisions shall be provided to permit switch operation from_a remote location. Y5 - Test panel to permit the use of an external, adjustable three-phase source to verify, through independent measurements, the response of the control to loss-of-source, phase--unbalance and overcurrent lockout cdndltions. Y6 - Remote indication provisions to permit remote monitoring of the presence or absence of preferred-and altemate-source voltage and the operating mode of the SQurce-transfer control (Le. automatic or manual) Y10 - Generator Interface inCludes starVrun and cool-down output relay functions. aiIO'/lS connection of utility source as preferred source and generator as the alternate source. 6 - Current Transformers 6 - Potential Transformers Unit will be provided with all 200 Amp bushing wells 3 - SM-4Z Holder 3 -' SM-4 FuseS - (spares not included) Net Adders Qf Required): 1. as required Fuse (grappler) handling tool Price................,...........,.,...........-........ ........... -......... n.......$ 15.00 eachP 2. as required Grounding set with 6ft 210 ground cables, terminal block and ground clamps with PoWER To DELIVER FEB-16-0r 13:4Z 3. ,-::::....;1' ..~l~):' 6. Notes~ FROM-Cummini Northweit +4Z5-Z35-8Z0Z T-800 P.014/018 F-Z83 .r carJYing and storage bag Price..... ......... ............. ... ............................. ................ ......$ 912.00 each as required Voltage tester with audiovisual signal capability and batteries. shotgun damp stick adapter and storage case: Price..................... .......... ...................... ................ .... ........$ 778.00 each : ',~'" "";'! ~'.~. . " : .\;,-;:~ -::'it,t\" as ~j~~~~~'~'r.. 8' -fJ' Shotgun clamp stlG-\{ with storage bag .. , i . ' . Price.... ...."... ......."....... II ............... ............... ...... "1.-.:......"... ..........$ 394.00 eacI1'; . as required Spare SM-4Z Fuse Holders Price... .... ......".. ...... .,....... ... .............. ........... .... ........"..... ..........$ 622.00 eac...11 as required Spare SM-4 Fuse units Price. .... 1.1.. .......1.1".. ..... ,."" .".....1 II" ....... ....1" ....... ..1.. ...... ....... ...... ..$ 149.00 ea.ch Fuse information (size & speed) must be available either at time of order entJY or in time to receive the fuses at FP prior to padmount shipment. Otherwise. fuses must be shipped short and the freight charges for the fuse shipment will be prepaid and added to the invoice. 2. !f the fuse data is nOt ~aiiabh~ as Cii.itlined above, steps can be taken to expedite the fuses by shipping via air from emergency stock, if available at time required, at a premium adder of 25% plus $176.00 plus cost of air shipment 1. 3. It is an OSHA requirement that the following information must be provided on switchgear that requires the use of key interlocks - ultimate user and location of the gear including the city and the state. Any delay in FP receiving this information will delay shipment. Genera! Commenb and Clarifications: 1. Elbows and inserts are not included as part of our propOSal. 2. Pricing valid for 30 days. POWER To DELIVER FEB-16~G1;;f 13: 43 FROM-Cummins-Northwest +425-235-8202 T-800 P.015/018 F-28S . . , . '. . ',N0;::' ~~~:=: ~F:~~~ manufacturers Field Service e,ngmeercan be provided ;."4. Specification SecIiori 01 18 23: Federal Pacific will provide our standard prepri~ 0 & M manuals. O&M . .~. manuals as reQUired~bythis section are the responsibility of the Contractor. ';- ,~~5. Soecification sect:iOii2612 02: 1his section refers to actions and I or materials:th8t are the responsibility Of the contractor arid therefore. are not accounted for in ~Ui proposal. J..(:!;6. SDecification,section26 3213.13: This section refers to actions and lor materials that are the responsibility ;::.~diiJl: ~f the Co~r~~therefore, are not accOunted for in our proposal. ~.- ,~J1h:i.:~ -:-" ': ~I'.<-~ r:{-,r<~~.:,:'!::~' Comments and Clarifications for Specification Section 261316.02 pages 1 throuQh 15 7. 1.01: The padmounted switchgear in our proposal has been designed and tested per applicable portions of IEEE, ANSI, NEMA and other industry standards including: ANSI CZl.72 . Standard for Manually Operated Dead Front Switchgear IEEE C37-74. Standard for Padmounted Load-Interrupte"r Switchgear and Fuse Load-Interrupter Switchgear ANSI C57.12.28 - Standard for Enclosure Integrity IEEE C37.48C ., Guide fur Application of Expulsion Fuses in Enclosures NEMA SG6 - Standard for Power Switching Equipment ANSIIlEEE C29J .~TeslMethods for BectricaI Power Insulators C37.63 is not applicable to manually ~rated padmoUntM switchgear. C37.20 is not applicable to low profile padmounted switchgear. Equipment will not be UL listed, but the load-interrupter switches used do have a UL listing as a recognized component. 8. 1.03 - Submittals: Federal Pacific ,,/ill provide our standard submittal package, which shall include outline drawings, control schematics and wiring diagrams, bill of material, catalog component data sheets (Fuses, Potential Transformers, Capacitors, etc) and test reports. O&M manuals as specified in Section 01 7823 are the responsibility of the Contractor. 9. 2.02.E - General: Refer to Comments & Clarification # 7 above. 10. 2.0'2. G - Ooeratino COnditions: Anchor bolts are to be provided by others. 11. 2.03 ~ Eauioment RatinQs: Interrupter switch has a three-time duty-cycle fault closing rating. POWER To DELIVER FEB-16-0T 13:43 FROM-Cummins Northwest +425-235-8202 T-800 P.016/018 F-283 . i,' , ' '12. 1.04.A - Extra MaterialS: Storage and tagging of special tools is the respon~ of others. 13. 2.02.D ~ General: The padmounted switchgear in our proposal is based on our interpretation of the one-line ",diagram provi6let1~,includes two. (2) motor operated switches and ane (1) set of fuse mountings. The <;~, circuit ~ ~','" e one-line diagram was not cleat as to the circuit co. ")ionrequired for this ". ' " '~'p~ it.; 0" '." " . ~9Ustomer's responsiJility,to review this quotatiorl ' .,~: ..deviations,: :'~'" ' . exclusions' f.c :ot:uncleatinformation supplied at time afinquiry. . (>; "~:\;$~~;i;,:; , " .,~,,':;'i' " :":' '..,,~"i,J:~< ~f ,,' ,,;<'" :t';~[{;>:;: ".:' ,:14. 2.04.G2- Enclosure:. Doors will have a minimum of three stainless steel hin~andhinge pins. The hi~~"'" ',' :2.' '. pins are securedinpJace to guard against tampering. Type 316 stainless steeI~ns or extruded-aluminum ,')' .f ' hinges and interlocking extruded-aluminum hinge supports will not be provided.' . '5. 2.04.G.4 - Enclosure: Each door shall be provided with a door holder af stainless or plated steel located above the door opening. The holder shall be hidden from view when the door is closed, and it shall not be possible for the holder to swing inside the enclosure. Door holder will not swing outward when the door is in opened position. 16. 2.04.1.1 ~ Finish: Federal Pacific will provide our standard powder paint coating system. Baked acrylic enamel top coating will not be provided. Equipment shall be Munsell No. 7GY3.2911.5 daIk green. 17. 2.05.C.2 - Barriers: Steel barriers are used to separate the front compartments from the rear compartments:oThetie busis located in the roof section of the unit; therefore, isolation barriers are not necessary; 18. 2.06.8';'; Component Encasement: 'The component compartment floor shall be of 1 ~auge galvanized steel sheet 19. 2.07.8 - Ground RinQs: Federal Pacific will provide our standard 3/8" copper. ground rod. 20. 2.09.C - Hiah Voltaae Bus: A suitable number of 1{2" ~ 13 stainless steel bOlts with two Belleville spring washers shall be provided in lieu of galvanized steel bolts. 21. 2.1 O.A -Interruoter Switches: The padmounted sw"chgear in our propasal has been designed and tested per applicable portions of IEEE, ANSI, NEMA and other industry standards including: IEEE C37-74 - Standard for Padmounted Load-Interrupter Switchgear and Fuse Load-Interrupter Switchgear. 22. 2.10.6 -Interruoter Switches: -Interrupter switchblade supports are solid, cast-bronze rigid hinges secured to cycloaliphatic epoxy insulators with molded inserts. 23. 2.1 O.E - Interrupter SWitches: FP will provide our standard Auto-jet switch which produces a laminated jet of air to extinguish the arc. , POWER To DELIVER FEB-1S-0T 13:43 FROM-Cummins Northwest +425-235-8202 T-800 P.01TI018 F-Z83 .' ~ ..~.~;,~;.;i~;.~~ . , : l~ ,i:i~~!~i~ 10.H :"'I~t~ SurgeJljghtning arresters are not available as ~1ime9ra1 part of the dead L.; ~rht(:dront swit(:hgeat~fIl~ must be used, it is best accommodated throughth$:;600 amp elbow systems . I;;:",; .:i, """by Cooper ElastimOl.k~ fumished by others . ':: (J~t~~~~ . I, ,:.::.;'; " . , ' , "Ji~:%@~', 2.12.A - FuseS: :F~ltiountings to accommodate the SM4 fuses are included;as,part of our proposal as r: t~~~~{iJ:i? per the ratings'specified in Section 2.03A6. If SMlJ..20 fuses are required, please contact the factor '.' ; ';8: :".'.. immediately for a'revised proposal. , . _ '. 2.13 - Automatic,Source Transfer: Federal Pacific will provide Motor.Qperato~ ,in lieu of Stored-Energy ,;(Operaturs.< ~~rs are run & trip style, which after transfer is initiatedt.~!motor charges the :':,mechanism~~ and then tripping the switches. ' "!W~;~~;; " " . ~;>.; ;:~~;( , 'j'!'iY'; " ~; _ ~.l , ; Z7. 2.13.F - Voltaae Sensors: Voltage transformers will be used in lieu of voltage Sensors. 28. 2.13.K - Automatic Source Transfer: FP will provide our standard control modules located in a grounded, steel-enclosed low-voltage compartment on the side of the enclosure. The low-voltage compartment doors will not be provided with a window. 29. 2.13.L.1 - Control Modules Comolete with:' FP uses an LEO screen. which is illuminated. >. 30. 2.13.L.2 - Control Modules Complete with: " FP. utilizes a touch-screen in lieu of a keypad. . 31. 2.13.L.3 - Control Modules Complete with: : The LED screen shows. whether voltage is available, coupled I de-coupled andjf the equipment is in the,automatic or manual mode. ~~ ~. . 32. 2.1 3.L6 - Control Modules Comolete wftH~ Since FP Utilized the touch-screen, lamps are not required or utilized and there are no lamps to test. 33. 2.1S.US - Control Modules Complete willi: Cabie connector pins and receptacle contact and interconnecting cables are not included as part of this proposal. These items are to be supplied by others. 34. 2.13.N - Control Modules Comp!ete with: IEEE C37.91 does not apply to padmount switchgear. 35. 2.15 - Sural} Protection: SurgelLightning arresters are not available as an integral part of the dead front switchgear. If arresters must be used, it is best accommodated through the 000 amp elbow systems by Cooper, Elastimold. etc. furnished by others. 36. 2.16 - Labeling: FP will provide our standard NEMA Approved warning, danger and rating iabels and connection diagrams. 37. 2.17 -Nameplates: FP will provide our standard nameplates. 38. 2_18. Source Quality Control: FP will perform our standard factory testing as C37 .20 is not applicable to low profile padmounted switchgear. POWER To DELIVER FEB-16-0T 13:43 FROM-Cummins Northwest +4Z5-Z35-8Z0Z T-800 P.018/018 F-Z83 , ~ '. '39. Part 3 _ Execution: :This section refers to actions and lor documentation that is the responsibility of the Contractor and therefOre, is not accounted for in our proposal.~' ,. .: 40. 3.02 _ Manufacturers Services: A manufacturers Field Service Engineer can be provided per the attached field seIVice rates and policy. POWER 10 DELIVER 07- 046 DATE SUBMITTED: February 21, 2007 BILL# AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H ........................................................................................ SUBJECT: Conveyance of 3,550 square feet of City property to United States of America Committee Meeting Date: February 28, 2007 COUNCIL MEETING Date: March 7, 2007 Department: Public Works & Utilities Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City received property from the United States as part of the negotiations for the future Naval Museum and Harborside Park. In review of the conveyance it was determined that a portion of the property should be transferred back to the United States for Naval Station security improvements. ATTACHMENTS: 1. Council Summary; 2. Quit Claim Deed; 3. Aerial Map Display FISCAL IMP ACTS (Include Budgeted Amount): None. The City received this property non-gratis from the United States of America. APPROV ALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA~QR:.. . /:.~ . ......-."-.,,<;:-~,.. . COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the transfer ofreal property from the City of Bremerton to the United States of America and to authorize the Mayor to execute any and all documents necessary to convey the property. COUNCIL ACTION: D Approve D Deny D Table Ab, Agendas Bills 2007. Prop Conveyance to LJSA D Continue D No Action COUNCIL SUMMARY CONVEYANCE OF PROPERTY TO THE UNITED STATES OF AMERICA Historv The United States of America is planning for and constructing security improvements to the Naval Station in conjunction with the Downtown Bremerton Pedestrian/BTC Access Improvement Project, the Naval Museum and Harborside Park. The project will complement future improvements the City and WSDOT will construct along Pacific Avenue and 1 st Street. Included in the projects are new sidewalks, crosswalks, signals, lighting and other surface improvements for pedestrian traffic. As part of the improvements, the United States has requested a transfer of a portion ofthe City property (that portion of the site lying westerly of the west margin of Pacific Avenue, consisting of3,550 square feet) that they previously conveyed to the City. Fiscal The decision was made to waive the requirement for compensation based on the following: · The City of Bremerton'received this parcel as part of the conveyance of property fromthe United States of America for the Naval Museum and Harborside Park. As such, no. City rrlonieswere expended to receive the property. · Cooperation with United States of America in completing the security improvements as well as aesthetic improvements to the downtown area and the entrance to the main gate of the Naval Station. Return Address: City Clerk City ofBremerton 345 6th Street, Suite 600 Bremertoh, W A 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): l. Quit Claim Deed Reference Number(s) of Documents assigned or released: I Grantor(s): l. City of Bremerton D Additionalnames, Oll,page. , of document. Grantee(s): l. United States of America D Additional names. on page . . of document. Legal Description: Ptn. Of the Plat of the Town of Bremerton, Gov't Lot 1, SEC 24 T24N RIE W.M. Kitsap I (ab breviate d) County, W A o Additional legal is on page Exhibit A of document. Assessor's Property Tax Parcel/Account Number: 3718-0 I 0-002 -0004 QUIT CLAIM DEED THE GRANTOR, CITY OF BREMERTON, for and in consideration of mutual benefits, conveys and quit claims to UNITED STATES of AMERICA, acting by and through the Department of the Navy for the benefit of the Navy for military purposes, the following described real estate, situated in the County of Kitsap, state of Washington, together with all after acquired title of the grantor(s) therein: SEE EXHIBIT A. Dated: CITY OF BREMERTON By CARY BOZEMAN, MAYOR STATE OF WASHINGTON COUNTY OF KITSAP )-ss On this day of ,2007, before me a Notary Public in and for the State of Washington, personally appeared Cary Bozeman, to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act . of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath dtated that he was authorized to execute said instrument. Dated: Notary Public in and for the state of Washington My appointment expires: EXHIBIT A That portion of vacated 1st Street and Block 11 of the Plat of the Town ofBremerton, as recorded in Volume 2 of the book of plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 1, Section 24, T. 24 N., R. 1 E., Willamette Meridian, Kitsap County, Washington, lying westerly of the west margin of Pacific Avenue. Together with restrictive covenant and conditions of use as recorded in conveyance recorded under Kitsap County Auditor File #200603080009, records of Kit sap County, Washington. Conveyonce to United Stotes of Am erico Portion of Sec. 24, T.24N., R. 1 L, W. M. Bremerton, Kitsap County g. f. -02/21/07 . DATE SUBMITTED: February 21,2007 BILL # 07- 049 . AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5'1: ........................................................................................ SUBJECT: Resolution No.300l.4 approving the New Hope Final Plat and Planned Unit Development for 18 units, File BP06 00190. Committee Meeting Date: N/ A COUNCIL MEETING Date: March 7, 2007 Department: . DCD Presenter: Nicole Ward Phone: 473-5279 SUMMARY: The action before City Council is to approve the New Hope Final Plat and Planned Unit Development (PUD). The City Council adopted resolution number 2948 on December 8, 2004 granting Preliminary Plat and PUD approval to divide 2.69 acres into 18 lots on the north side of Arsenal Way, located approximately 200 feet east of Marion Avenue. The applicant has met all of the conditions ofthe Preliminary Plat and PUD and therefore the City Engineer and Community Development Director are recommending approval of the Final Plat and PUD. ATTACHMENTS: ~4 (1) Proposed Resolution No. '30 granting Final Plat and PUD approval (2) Staff Memorandum (3) Resolution 2948 approving the New Hope Preliminary Plat and PUD (4) Hearings Examiner Recommendation to City Council for Preliminary Plat and PUDapproval FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS 0 A PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution No. ~fJ~ approving the Final Plat and PUD for New Hope and authorizing the City Council President to sign the mylar. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3DJ.4- ~ '. '. A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the New Hope Final Plat and Planned Unit Development (File No. BP06-00190). WHEREAS, on December 8, 2004 the City Council passed Resolution No. 2948 granting preliminary approval to New Hope to divide 2.69 acres into 18 lots; and WHEREAS, all conditions set forth in the preliminary approval have been met and final plat and planned unit development approval is requested; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The final plat for New Hope is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. ,. Severabilitv. If anyone or more sections, subsections, or sentence 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_ ,2007. Will Maupin, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Community Development\New Hope Final Plat and PUD.doc 1 New Hope Final Plat Approval B MEMORANDUM CITY OF BREMERTON Department of Community Development 345 6th Street, Suite 600 * Bremerton, WA 98337-1873 Phone: (360) 473-5275 Fax: (360) 473-5278 DATE: February 21,2007 TO: BREMERTON CITY COUNCIL FROM: Nicole Ward, Current Planner SUBJECT: NEW HOPE FINAL PLAT AND PUD (BP06 00190) The City Council adopted resolution number 2948 on December 8, 2004 approving the Preliminary Plat and Planned Unit Development (PUD) for New Hope. In granting this approval, the City Council found that the application for Preliminary Plat and PUD was consistent with the Comprehensive Plan, and conformed to all applicable City development regulations, minimum standards and design guidelines. The next step in project approval is the passage of a resolution to grant Final Plat and PUD approval. Pursuant to Section 58.17 .170 RCW, final plat approval requires findings of compliance to all terms of the preliminary plat approval, and that the said plat meets all local and state laws and ordinances. The preliminary plat approval included 16 'conditions necessary for final approval. The City staff reviewed the final plat and found it in.compliance with all requirements. The City Engineer and the Community Development Directors' signature on the mylar drawing containing the final plat attest to this review for compliance. Should the City Council agree with the staffs review, it is recommended that the Council authorize the City Council Presidentto sign the mylar containing the final plat so that it may be recorded with the Kitsap County Auditor's office. The City Council will grant approval for the Council President to sign the Mylar by passing the proposed ordinance attached to this agenda bill. If you have any questions, contact me at 473-5279. STR DOCUMENT VIEW Page 1 of 1 Document Name: 2948 RlfSOLDTION NO. ~ I:i\ ~ ~ A ~OLUTlON of th.a Ot.y Col.1nclJ. {If ~ ell:.' of Brm:i.'lcton, Ww.mgloIJ, approving k prelimlntlJ plit Il.l:ld planned unff; devel.Dpmrmt (Yi[&No... Bl'04-00~34), WHEREAB, tlN Cit'j has l'flI:f'..iVlXi r. ~fuoin&r)o Pls.~ &ncl PICttIilid Un!( Develornnent Rpp]iuation fur thllnorth ciie ofArmla[ 'Way. 2.00 fi<< wtofMarlClfiAvrolle from Habitat fm' lIurntallty ofItitiap Couo ly; and WHER:I!.I>.S. On o~bllT 19, ,00+. th~ Adrni:!li~veH~t ExamJn8t' h~d.w. open reoord h.em'lng; on fu IIp(lI.lMtiOI1 p1lmlan t eo EM C 2.1 ,02. B55 ~ aDd WI-lBRMS. the Adm:irt.istrative H.eMlng Bntn.Jnes hfL9 tlltN findllliS, wn~vsioIIs l\lld a ~l:;TJffi(lJLdatkm trJ (M City Council dated Navcnbcr ~,2.004 Ctl..mcit'a BC<<pWl.c.e, i:O.d approwl~ NOW T:EIERE;roRl!, THE Cl'IY COill-lCIL OF Ilia CI1YOP BREMER TON. W ASHING'rON,. . DOU li:ER.HBY lUlSOL\1EAS POLLOWS:, SJJC110N J , The a.t)' Council hacby 4pprava and llliopts 'the. llndJl'llt'\', eoncl1.1tJOnt 11111i 1'eOOL'QW~d6lLollof'Che Admmirrlrll!i.'\Ili1 Hearing Rtam1I:1Cl" att&~ aa Bxhfbj~.. "A" H1ld a.pprovea tho prlllirnmM)' plat llrId planed unJt d~oIopment fm: north side of Ar$muJ W&y, 200 &d. wt of MMi01l Av~ (Filo No. BP04-00334} wbje<< to tM p11)pc6led calditJo:tlil' . C.ontaJa.ed In Eb'.hlbEl "A." SECTION:J, : ,5\!~.@:!>. ltany QW;. OJ m\Jr~ ~1)n8, mbs-=.otton!l, {)f , ~on~:ot' Q1J~Re(IQlut1O!1. ~'hetd'"lo ll(l UCl~~litutk<<W r;tr invftHd, SUM dCllli:sionllhWl not afl'cbt the villd1ty, "I)f tIlo tMl&i:t1l!la portion of 1hiB Rodution. anI! thLl Ham" ihaU n::I4Iam tn f'lill iDl'D:: BDd effi:r.::l. SECT/aN J. ~Wf~ DrUe., . Thie ~ohltian ehaU take ef'fi:clli1\d be in ~ immediwly ll.poc. lu ~ l#f P AS SED by fhe ~y O:nmcil of fl:1e a.'ty ofEreraert.on, W.aM.iillgton this- i!tJ...l (\a)'of _l'~';""" tu1 ~ .2004. ~ A..n'1I~ D:r?~GRBN~~ l;'W3.IIl.llI.tm~ 0..01 ArstPUll Way PreIfmim4ry J'{.(U rmd P []I) https://lf/DocView.asp?DocumentID=26077&F olderID=53 82&SearchHandle=0&Doc Vie."" 2/20/2007 li~ ((; I~ ii \ t BEFORE THE HEARING EXA!\HNER OF THE CITY OF BREMEHTOl\ , r"\ i !L;,; \ r--; ~'~ 'f ; I --e \~""'. f,; ",C,.V" ,',,-pv ,'j.~ I, ,,(~M!l.j [; ~-"',t;-J~1ftt{r(; !\i C;JiL: ~ ;;PA;~i':~~2f'~ ~.. In the !\1attcr of the !\pplication of ]\0 Bi'()-t-I/l1 ;3-+ Habitat for Humanity 11\J DINC1S. C()\:CI l iSJONS i\ ~ j) I{ [~CO\Vv1FN DATION For Approval of a Planned l 'nit Developlnent and Subdivision. StiMMARY OF RECOMMENDATION The Hearing Examiner n:commends that the request 1tlr a Planned I 'nit Dcvelopment and Subdi\ision to di\ ide tv\n parcels into I X individual lots pili:' npcl1 Sp:il'C tracts tt)!' construction ] ~ single-lJlrily and townhouse dwelling llnits;1<.; \\cll dS ~x \Iff-street parking spaCtS he APPROVED. suhjcct to cOllditinlls, SliMMARY OF RECORD R~q ues! Habitat It)r Humanity of Kitsap ('ounty (Applicant) requests appw\ ,II of a Planned {Jnit Development (Pl 'f)) and Subdivision to divide two parcels inw 1 g indi\ iduallots plus open spac~ tracts. and to construct l8 single-family and t()\\I1hous~ cl\\l'lling units as \vell as 38 oiT.street parking spaces, The two parcels constitute 2,69 acrc:-- and arc located on the north side of.\rsenal V/a~. 200 feet east of Marion A \t.'IlUC in Brl'lllertoll. Kitsap (' H' I' I ounty _ V\ as 1111gtun. I Iearing An op~n record public hearing on the matter \\as held bcLilT the I !caring r',\..aminer of the City of BremertOI1 on October< 19. 2()()..L l~sti 11]011\ The following indl\'iduals submitted testimony under oath at the hCJring: !, Robl'rt (JI'Illnbach. City of Hremerton Pbnncr ' Paul \Vcllldling. Cit) of Bremertol1 Civ'il Engillc'LT Lori (}herlander. E\ecuti\t, Director. Habitat tor Ilul1\anit: nl 4, Susan \'cnard -, , ,'j K ihap County L:-..:hibils ~-"- rhe paretic' legallk\cripti\ln is "\ ,ot O~ I : 2:~~-+ II '. I ot A City 01 Bremerton :--Ihll! l'i:1t NO L-i- 34. Recorded undel' Auditur' c hit 7805150 J 09, I hat portion or the N0I1h\\ e~! Quanl'r \,( the l''';ortheas! Quarter ofScction 2.2, rl)w!l,hip 24 North, R:1ngl' I East W,M.. K ih:1P C\111nl:-, \\:lshlngton .,Lot 0.22: 22241 E. Lot !3 City 01 Brell1l'rton Short Plat No B-34. Recorded LindtI' ,\udih'(" I i!l' 7So:'i I:'iO I 09, That portion orthe :\onll\\c."t OU~lrtcr oCtile l\.1ol'lhc:I',! ()lIartcr ofScl'tic'l1 .2~, jC'\I!bhlf' ~-l ".;(Inh. RJll~C ! ra\t. W,M, Kihap CouPt\ \Vashil1~ton," The 1:1\ A~~l's'\lr !\Cl'l'IUllt !\umhers :lI't:' ........' -Ii! 1- i -021-]004 and 222-10 l-I-022-20()'; Huhirei! t[,l' filllllcllli!~ 1'1 n \ ) l:!'()-I-(i03,i! I'ugc / [ii /u The f()il(\\\ing c:x:h!bits \\t:rc admitted in the of1leial n?l~(lrJ at the h(,dnn~.!: Lxhibit ] Attachment A: Attachment B: Attachment C: Attachment D: Attachment L: ,\ttachmcnt F: Attachment G: ,\ttachment I I: Attachment I: Attachment .I: AULlchment K: L:\hibit .2 Exhibit 3 Fxhibit 4 Statl Report dakd (ktohcr ] 9, .::'004 PL[) Application dated .IL1I: J~. 20()4 Sn)A Determination dated (ktolwr 4,2004 Photographs of Subject Proper!: Comprehensive Plan Designation Map Neighborhood f'v'keting Notes dated August 12. 2004 Alkn Hart Report i)f l.imited Soil Study dated July ]3.2004 i\llen Hart Soil & Slope SUr\e) and Geological Report dated .luly 13, .2004 Conditional Water and Se\\er ,\ \ailability Letter dated May 19. 2(J()4 MAP LTO Hydrologic Analysis dated July] 3. 2004 City SratfComments I.cgal Notice Vicinity f\1ap and Site Plan Copy of Po\\cr Point Presentation l.etter from Susan S\\cet\\ater dated October J 8. .::'O()..l Based on the testimony and exhibits submitted at the open record heclring. the Hearing Examiner enters lhe fiJllo\\ing Findings (if F<let add Conclusions: FINDINGS OF FACT 1. The Applicant requests approval ora Planncd Unit Development (PLDI and Subdivision to divide two parcels intn ] g individual lots plus open space tracts. and for construction of 18 single-family and townhouse dwelling units as \veli as 38 off- street parking spaces. The 1\\0 parcels constitute 2.69 acres and are' located on the north side of i\rsenal \Vay. 200 tCet cast of Marion !\ \ cnue in Bremcrton, Kitsap County. Washington. Erhihil J. ",'lofIRe/JOrl. page J. Frhihit 1. ,111(/chl/1{'11/ A. 2. The subject pwperty is in a "Residential Lo\\ Density" (SF-)) /onc. and is ucsignated as "!\1edium Density Residential" in the Comprehensi\c Plan. /\ Pl:[) in a SF-) zone with at least] 5% open space is alkl\\cd a maximum ucnsity of g d\\clling units per acre and a ma\imum number 01':2] dwelling units. The proposed plan would include 340/0 open spal'e and would create] 8 dwelling units. rendering a density of 6.7 dwelling units per acre. E\hihil1. .1/1t/chme171 A. Tel/il/lOll) of.\!t- Cirllm!Joch. 3. The site is CLlITcntl) \ acant and has been used as a fill site in the past. The land is mostly tlat. \\ ith 600.,{) slopes in the northeast corner l'omprising 500 of the total site. E,hihit J. AII(/chmcl7I B. Huh/It/I/o!' HZII17t/nil1 /'{ 'D. \0. DfJIJ-I-1i1i33-1 f>t/gl' J lit / IJ 4. SUITnunding Jrl:as to thl.: ,:>outh. t'a,,>! and \\(':,t are in ~l '\F-~ /one. dOc! pn,[1t:rties to the north arc in a "Residential Medium Iknsit:-" (1\1f) /P!1C. Residences are h) the south: unde\clopcd properties are to the vast: a mini \\arl'huuse and rcc;j(k'nccs arc to the \\\:st: and. it convalescent center and unden'loped properties arl: to thl' north. Eyhihil 1, SlutfRepon I)([ge } 5. The proposal \\ould create I g zero lot line structures, Two of the qruetures \vmIld meet the definition of "tov,;nhome" set forth in BI\.1C 21.02.070. Although townhomes arc not permitted in a SF-~ zone. the tlexibility granlt'd In development standards in a pUO create an opportunity to include to\\Ilhomcs ill the design. The average lot sill' \\ould be 2.:109 squme feet. \vith th\,' smallcst lotllleaslIring I.R16 square feet and the largest measuring ,\.2:15 square ket. ,'II homes would be single- story and building heights \vould nut exceed 25 ket. No \in\s would he altered or obstructed. h\'hihil /. ,.....lajfReporl. /7({ge 5: F,hihil 1. A llaehmenl .1, f\hihif /. AI/achmel11 H. 6. The proposal\\ould create ~9. 900 square feet of open spaces. Passi\t, open space measuring 9,95:2 square feet \\ould be located in the site's norllll'dsl curner to presene the ~Iope art'a and allocated setback. Acti\c l)pen space measuring 29,9-1-8 square feet \\oLdd he located in the center of tile site alld \\oukl include COlllnhln )ard areas. a playground. pea patch gardens. a small shelter. and pa\ cd pedestrian walk\\ays. In all. .340,~) of the total site area would he dcsignated open space. E''(}lihil J, A "uchl7l('n! l. 7. Access to the site \\ould be provided \ ia Arsenal Wa) thmugh t\\O points of access: at the site's \\l~st east margins. Idtcrha] circulation \\OLrld ht: pru\ idl.'d through a private mad tract that \\ ould border the perimeter of the lle\ c!opmcnt. The private road tract \\'(wld hm I..' 1\\ 0 10-1'oot \\ ide lanes. OIlC X-foot \\ide park i 1112 stri p. a 5- foot wide side\\alk 011 one side, and t\\O 6-inch curbs 011 both sides. Side\\alks \\ould also he prmided altmg thc edge of the pawment of Arscna] \Va:-. AllIIlg the pri\ate mad tract. 38 off-street parking spaces would be installed. Eyhihil 1. ,')'lutfReporl. poges g 9, alld /(): L\hihil /, AIf({chmenl A. Eyhihil J. r 'i('in!!.1' .\fap ({nd Sill' Plan 8. Approximatel:- n peak hour \chicle trips would he generated h) the project. The area is sened by Kitsap Transit. \\ ith the closest stops on Charlotte .'\wnuc and "G" Stred. Exhihi! /, Slat/Reporl, page /1: Erhihil I.lIlaeh!1lel71 H 9. In addition to the OllCn space designation. ~L 90h square feet of landscaping would be provided. Landscaping \\ould be prO'. ided in all sethack areas and acti\e open spaces. as \\(;'" as al0ng Arsenal Way and along the sitc's perimdcrs in order to create a visual bufft'r. HomeO\'I'nl'rS would provide ]ambcaping in indi\ idllal yards. /:\'hihi, /, Allueh1l1enl.l: L\-hihill. .1l1achlllenl B. 10. Electricity. rl.'I'llse scnice. natura] gas. telephone. water. sanitary s) stem. and CATV are currentl:- (i\ ailahk at the sill:. Ihe "ite is \\ ithin Ihe ('it:- . s utili!\ servlCC area. Huhiru{ !,))' 17/1/Jlu'/;,'\ !'I D. \n [J!'I!-!-II(H3! I' ugc 3 of ! () v"hich has an adequate :'luppl) to Pl\l\ ide \\alCr Jnd :'C\\\:T sen Ie,' Il) Ihe site. Wastewater selyice I': cnnditioI1alh mailable. Erhihi! I.l!fl/dlllle/l! jj 11. During construction. some exhaust fi'om hea\) equipment and Just may occur. The site \\oLlld be \\<itered in order to minimize the generation ofdusl. [he only grading to occur \\ ould be assl)ciated \\ith roadway imprm cments and hui Iding envelopes. An estimated 7()O cubic yards of fi II and 700 cubic.: ards of cut \\ ould be needed. During construction. no ground\\ater \\ould be \\ithdra\\n. there \\ould be no discharge into the groundwater. and no waste \\ould be deposited into the ground. There is no surface water in the vicinity. During and after construction. runoff would be conducted to an on-site storm water management t~lCilit.Y con"isting ot"catch basins and tightlinc piping. Erhihif 1. .,lffuch711cl1f B. 12. Fir trees. grass. Scotch broom and blackberries exist on-site. most of which would be removed durint!- construction. The trees in the northeast corner l If the site would be presened. There are no threatened or endangered speL'ies on-sitl' and the site is not part of an) migration rOllte. Songhirds live on-site. r,\hihif I. .11!1Ichfl/t'l1f B. 13. Pursuant to thc State EmimnmcntaJ Policy /\ct (Sl:PA). the application was reviewed t"i)r possihle e11\ ironmcntal impacts. The City l)f Brcn1erton Ikpartment of Community Development was designated lead agency and the Responsible Otticial concluded that the project would haH' no probably significant ad\t.?rse emironmental impact. A DL'termination of Nonsignificance was issued on October 4.2004. and became final on October 18. 2004. l:~\hihif J. .\'fattReJJOrf. page J -I. Frhihif J. Affachmenf B. ]4. In response to concerns mer a possibk sinkhole on-site. General Testing Laboratories. Inc. conducted an i11\ estigation on March] 0.2004. rhe investigation found that fill al the location examined was at least 11.) feet thick. was in a medium dense condition. and \\as moist with no ground\'vtltl'r tlm-'\s ohserved. I'he inwstigation concluded that no sinkhole \\as present on-site. Frhihlf I. .~I!a('hmenf F ] 5. A soil and slope survey and geological report v,as conducted to c\ aluate potential erosion and landslide hazards On-Sill'. rhe report noted thatlh) an:a" (If moderate to steep slope \\ultld be moditied or disturbed as a result of the project. and that all c1isturlled or hare ground area,> \\ould be landscaped. rl..'\c't!-etaled or other\\ ise prokcted to reduce the potential for post-construction erosion. I he only area that was found to be a landslide hazard area and erosion hazard area \\as in the northeast corner. That area \\mild remain undisturbed and \\ould have a ] )-foot setback thml the toe ofthl;.' slope. Although a 50-fi)()t setback from the toe l)f the slope is generally required from a landslide hazard area, the report concluded that the reduced setback would be sufticient because the slope \\ould not be disturbed during construction and because the area next to the setback would onl~ be lIsed for parkint!-o F-Yhihif I. Stutf Rcporf. puge C): Frhihif I. A/fuell/71mf (i. Hun/lul/!!! fflllJltllii!i Uj) '. I 1]f'()-I-1)rJ3.U Pago.' -I of I/} 16. A hydrological analysis concluded that. aner installation llf the proposed drainage system and site stahilization. the site \\oldJ meet the standards of Kitsap County's Stormwater Management Ordinance. Fxhihil 1. Affilclimen! I 17. Notification of a neighborhood meding was sent to all property ll\\nerS within 500 feet of the site. The meeting \vas held on August 12. 2004. and 5 neighbors were in attendance. Neighborhood concerns centered on the impact of lovv-income housing on the neighborhood. the phased improvements to Arsenal Way. and tralTic impacts. Exhihit J. .','wf/Reporl. /wRe 5: l:\hihil 1. AI1i1chlJ/('J71 F" 18. The proposal \\as submitted to City of Rrcmerton departments for rcyie\\ and comment. Both the Fire Department and the Department of Public WOl'ks and Utilities recommended approval. subject to conditions to ensure compliance with local. state and federal laws. Ex..-hihit J. Atlachmenl.!. 19. Susan Sweet\\ater submitted a letter dated October 1 X. 2004. She li\l~s one block from the subject property and supports the proposal. She submitted that the proposal was well-planned and would enhance the neighborhood. L\hihil -I, Le1lcrfi'om SUSUl1 Slt'el!111'uler, 20. A Notice of Public Hearing and SFPA Application \\'cre mailed to all property owners vvithin .'\00 feet of the site. The notice was posted ()f1-site on October 4.2004. and published in The Sun on October 4.2004. F"ihihit /, ,)'taj/Report, jJage 1-1: E\:hihil 1. A IliI('hll1el71 f\, CONCLUSIONS Jurisdiction The Hearing Examiner is granted authorjty to hold an open record public hearing on PUD applications and 10 issue a recommendation to the City Council pursuant to Bremerton Municipal Code (BMC) Section 21.02.8='). A PUD application is re\iev,ed through a two-step process of preliminary approval and final approval. The Cit) ('ouncil makes the preliminary apprO\al decision based on a recommendation from the Hearing Examiner who conducts an open record hearing. The Community Development Director makes the final approval based on compliance with the preliminary approval and development regulations. Criteria for Revie\\ Pursuant to BMC 21.02.480. a PUD must conform to the follO\\ ing ~eneral criteria: 1. The location. design. and uses ofthl' PUD shall be consistent with the Comprehensive Plan. Brcmerton Shoreline t\1anagemtnt Program. and with other applicable plans and ordinances adopted by the City. ') The PU D shall be integrated \vith its surroundings and designed to harmonize with existing or proposed development in the neighborhood. In the case of a !iahi/alio/' HIIlIlallin' ('[D, \0, 13f'()-/-()1I33-/ l' age 5 of 111 departure in character fprm the SU1T(lUndin~ land lIses. the scak. intensity and design shall 3Jequatcly reduce the impact o!' the de\eldpn1l'llt in such a Vlay that the project will not he detrimental to thl' neighhorhood. ~. The trattic generated by the PL [) shall be accol11ml.ldated 'lakly and \\'ithin the adopted Levels of Senice for atlected streets. 4, All de\ e]opment will be adequately sened by c'(isting or planned facilities and senices. 5. rhe Pll[) will result in an attractive. healthful. dTicient ~\l1d stable em ironment for living. shopping. \\orking, and leisure acti\ities. 6. The de\ elopment plan shall make adequate and appropriate pnnisions for the presen ation of the environment both natural and man-made. and the eonsenation of energy. Furthermore. BMC 21.02A90 requires a pun to conform to speci lie development standards: I. Perimeter and Interior Setbacks: a. Structures are required 10 comply \\'ith a perimeter set hack that on properties greater than one acre shall be per 21.02A90( b)(2). The proposed residential structure heights arc not to exceed 25 teet. b. Tht: f(Jllowing summarizes the proposed perimeter setbacks: Frnnt: 20-fout required sdback Side: 10-foot required setback Rear: .] O-foot required setback l'. Non-perimeter setbacks \\ ithin the PUD are based on the underlying zone requirements. but may be moditied through the pun process to achieve project design objecti\ es. J I-kight: Figure 130 provides a maximum 30-1'<:1ot height limitation \\ithin SF-3 zon1l1g. 3. Open Space: A minimum 150/0 of the total area of the Pl 'D shall be dedicated as common open space. Pursuant to BMC 21 .IJ2..+90( d)( 1 ). upen space cannot include roads. drivc\vays or alleys; parking. loading or storage areas; perimeter setback areas, interior setbacks required to separate buildings or apply tp individual lots; or small remnants of land that art' ]lot physically. visually or functionally related to the project's O\eral] sight plan. rhe open space requirement is comprised of: a. Active Open Space: r\ minimum 2'~ of the ()pen space is required to be acti\e areas such as pia.' grounds. picnic <lredS. sports c(lmts. de. !lobilell/llr HumulllI.! 1'1 ,D,\II BI'!I--I-{)()33-/ I' age 6 of ! I) h. Pa\~;iYe Opl'n SpQce: Passin:' l}pen slxlCL' i:-. optional ~lllJ ma) c(insist of up to IJ ofthe open spacl'. 4. Screening: All utility facilities. loading area~< trash cuntainns. and outdoor storage areas shall bc screened from surrounding properties. 5. Architectural Theme: Structural elements. including accessory structures. are required to be integrated into a primary architccturalthemt' carried through the de\'e\opmcnt. The fo II c)\\ ing pnn is ions of the Comprehensive Plan appl) to the proposal: PLANNI\!(f COALS (loal If 1 Urban Gnnvth: "Encourage dnc]opml'nt in urhan areas \vhere adequate public facilities and services t"\ist or can be provided in an cflieient manner:' Supporting Policy (3): Accommodate nl'\\ dewlopment with care so that Bremerton "ill continue to ~ a \\ell-balanced"most li\able city:' Goal If :2 Reduce Sprawl: "Reduce the inappropriate C011\ ersion of undeveloped land into sprav. ling. low-density de\'t~]opment." Supporting Poiic) (5): Promote the cOllcept of development clustering to consen e energy. sa\ eland. lcl\\er public costs, reduce sprawl. and provide open space. GoaLIf 4 Uousing: '"EnCI)Urage the availability of affordable housing to all economic segments of the population of this state. promote a variety of residential densities and housing types, and encourage preservation of c:\isting housing stock'" Supporting Policy (3): Provide continuing opportunities for a range of housing types and densities that \vill accommodate the lifestyles and economic levels of present and future residents, Gnql If 9 Open Space and Recreatinn: "Fncourage the retention of open space and development of recreational opportunities. consene tish and wildlife habitat. increase access to natural resource lands and \".ater. and develop parks'" HOUSIN(; ELEMENT Huhllllf fur ffllll7Ul1ill ['lD, \ 0 8!'{)-I~()1J33-1 {' uge :: oJ / () ~ii!_;lL D_L:'lJ~lL\~_U~~1!')ingJ)_I'\eh2Pl.llt;'.!lt: "Prd\ iLk a \ :lIi(,() \d' huusiil); 1) pes and densities to meet ehangin;,.' need::, of Brcmerton residents." Supporting Policy (3): Stimulate the production of I1C\\ housing for all income. age. l~tmily type and ethnic groups. Conclusions Based on Findings 1. The location, design, and uses of the pu~ are consistent with the Comprehensive Plan, BremeJ"ton Shoreline Management Program, and with other applicable plans and ordinances adopted by the City. I he pun is consistent \\ ith the Cmnprehensive Plan. The site already has utilities u\aiiable to it and the clustering of 18 homes on 2.h9 acres will reduce urban sprawl. 1\1oreO\er. the dnelopment will provide both 'lingle-family and !<mnhouse dwellings !()r l]ualilied IO\\-income families. The homes will be sold at no protit and no interest. In addition to providing atfordable housing. the proposal \vill provide lor a large. acti\e open space to encourage recreation. The Bremerton Shoreline Management Program does not apply to thc project. Finding" oj Fllel ,\ios. :2 and 5. 2. The pu~ is integrated with its surroundings and designed to harmonize with existing or proposed de\elopment in the neighborhood. 'Ib..' silt.' is surrounded mainly by km to medium-density residential areas. I he site \\ ill harmonize with the surrounding neighborhood through landscaping and screening measures. and through a 1m\' building height that will prevent the obstruction of viev~ s. FlI1dings of FaL'l Nos. -I. 5, and I). 3. Thee traffic. generated by the PUO is accommodated safely and within the adopted Lenis of Service fOJ" affected streets. The traffic generated by the proposal will be apprnximately n vehicle trips during peak hours. Those vehicle trips \\;ill ha\e little impact on surrnunding streets and any impact \\ ill be reduced by the system or dual access points to the internal road. The installation of sidewalks and the presence of Kitsap Transit \\ ill also help to alk\ iate an) tr:lftic impacts. Findings ojFac/ Sos ~ and 8. 4. All development is adequately served by existing or planned facilities and services. Existing utilities will sene thc site and Kitsap Transit operates in the area. Findings ofFal'l ,Ym. H and I U 5. The PlID will result in an attractin, healthful, efficient and stable environment for living, shopping, working, and leisure activities. the Pl If) \\ill create 18 homes on 2.t19 acres. with a large acti\'e open S!1i:lCl'. Sidewalks \\ill he included in the project to encourage strolling. the steep slope in the northeast corner \vill remain undisturbed. and a mixture or landscaping and screening will ensure the attractiveness of the site. Findings oj F'rxl :Vos J. 6 -. I), and J5. 6. The development plan makes adequate and appropriate provisions for the preservation of the environment, both natural and man-mad(" and the HLlhiwlf/J/ IfllmLlI1lf1 /'[ '0. \1.'. f][>O-/-1!(}33.: Page ,'{ of ! Ii conservation of ener~~. In addition 1\) ka\inS the ~,tcl.'l' :;lope iOL':liL'd at the si!e's northeast corner undisturbed. the trees 1!1 that area \\ill he untouched, Findings oj FlIer ,VOl', 12 ond /5 7. The PliD conforms to the specific den'lopment standards st." forth in BMC 21.02.490. Adequate screening. landscaping. setback and architeclural measures are taken by the Pl ;n in order to ensure compliance \\ ith this Section. f\/loreo\er. 75'% of the open space is designated actin.' open space and the maximum huilding height will be 25 feet. The PUD also complies with standards orthe underlying SF-3 zone. Findings of fllet SOl' 2, 5. 0. line! 1.), RECOMMENDA TION Upon consideration of the Findings of Fact ami Conclusions. the Hearing Examiner recommends APPROVAL of the request ror a PLTf) and Subdi\ision to di\ide 1\\0 parcels into] 8 indi\'idual lots plus open space tracts. and to construct] S single-family and townhouse dwelling units as \\cll as 38 off-street parking spaces. subject to the following conditions: ]. The PUD shall constitute a limitation on the Wie and design of the site to those uses. designs and standards that are specifically included in thc pun. Such limitation shall remain in effect until the Pl II) i" constructed. or until the preliminary approval expires, in which case the pIT\ious /oning automatically returns. ") RemO\al of \'cgetation v\ ithin the area designated "passi\e" open space shall be prohibited. This prohinition shall be recnrded (1n the deed of title and/or t~lce of the plat and Pl:D as a condition running at the same time with the authori7ed land lIse. Proof of such restriction shall he demonstrated prior to the issuance ofbui]ding permits. 3. An open space guarantee. \\hich ensures the retention of the open space and provides for permanent maintenance of the open space (acti\c and passive). is required per BMC Section?] .O?)] () prior t\) finali;:ing the III fD. 4. One street tree per 25 lineal feet of street frontage shall he pnwided within the front :-ard perimeter setbacks along Arsenal \Vay. Required landscaping shall be installed or bonded for prior to finalizing the Pl iD. 5. A minimum 01'2 off-street parking spaces per d\\eIling lInit"hall ne prm ided. 6. Temporary pedestrian access impnn'emcnts along :\rsenal Way shall be installed or bonded for prior to fimd appn)\ul. The pedestri:.ln access imprO\cment shall meet the Cit:- Engineer's requirement. Hahili/if()/, HUll/unill ['CD, \ (J B!'IJ!-(}/l3,?.I. !'age 9 (}t ill 7. The pri\ ate street shall be dc\ eloped accordint!- to Cit~ I- nt,'.inL'cring Street Standards. The street shall bt' installed or honded for prilll tll finalizing the pun. 8. A finnl storm drainage plan mLlst be apprO\ed hy the City Lngineer. Storm drainage facilities shall be installed or bonded for prior to tinalizing the PUO. 9. Wakr and sewer improvements shall be pnnidcd per thL' Conditional Water and Se\\er lhailability letter. All sewer and \\ater imprO\ ernents shall be installed or bonded for prior to finalizing the Pl!f). 10. Fire hydrants with flows meeting. Uniform Fire Codes shall he installed or bonded for prior to finalizing the PUD. If bonding is L1secL the tire hydrants shall hL' installed prior to any construction ahO\ e the f(IUndation. I J. Addresses t(lr the individual lots shall be ohtained from the Public Works department and shali be indicated on the final plat. 12. A tinai pun and plat meeting applicable dewlopment standards and conditions shall be submitted to the City for apl;roval v,, ithin 2 years of the date of preliminary plat appnwal pursuant 1ll B1\.1C Section 21.02.520(a). D. Tvvo (2) copies of the plat certificate shall he submitted \\ith the application for final approval of the plat and PUD. 14. Six (6) copies of the pun and plat (not Mylar) shall be submitted to the Department of Community Development for final compliance review. ] 5. The Director of Co'mmunit.:v De\elopment shall appro\ e the fillal PUD prior to tinalizing the plat. 16. A cop~ of the recorded pun and plat shall he provided to the Department of Community Development bct'ure building permits can be issued. "'1r7 Recommended thisr_--:l_ day or Nllwmber 2004. ~\ ., '~~' \ '\ 'it) \, \ . ~~~'/f "'.,y~4etr~;' , :v .UlUJ;LL _._~- / JatnesTJnsco I /. y{earing Examiner orthc ('it) of Bremerton ( ;/f "./"" Hah,lutl{)/, !flll7lUl7ln {'CD .\u. Bf'IJ-I-IJIJ33-1 fuge fIJ ()Ifl) DATE SUBMITTED: 2/21/07 BILL # 07- 050 AGENDA BILL CITY OF BREMER TON CITY COUNCIL roA ........................................................................................ SUBJECT: Park Plan Update Contract and Budget Adjustment Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: Feb. 28th, 2007 March 7th 2007 Parks and Rec. Wyn Birkenthal 473-5752 SUMMARY: In December of2006 the Parks Department widely advertised a Request for Qualifications to assist the City with the update of the Parks and Recreation Plan. In January a panel consisting of the a Parks and Recreation Board member, the Parks Director, Director of Community Development and Parks Maintenance Manager interviewed the top 3 firms. There was unanimous concurrence among the panelists that Conservation Technix of Portland, Oregon was the firm most prepared to meet Bremerton's need to update the Long Range Park Plan. After completing reference checks, staff negotiated a scope of work and price (inclusive of travel) of $61,610 for the plan update. The update of the Park Plan maintains the City's eligibility for State Grants to develop and acquire park land. In 2006 the City received $2.8 million dollars of State Grant funds. The development of a Park Plan is one of several tasks identified to be completed in 2007 to support the City's Strategic Priorities. ATTACHMENTS: Professional Services Contract with Conservation Technix for Park Plan Update FISCAL IMPACTS (Include Budgeted Amount): This professional services agreement has a "not to exceed cost" of $61,610 and is currently an unbudgeted item for 2007. During the Mayor/Department Head budget review in the Fall of 2006 Parks and Recreation substantially reduced the amount of professional service dollars requested in an effort to insure a balanced General Fund budget would be presented to Council with the caveat that should year end 2006 revenue exceed projections the Park Plan update would be recommended for a budget adjustment during early 2007. Preliminary financial results for 2006 indicates that there is a positive General Fund ending fund balance variance carrying forward into 2007 which is more than sufficient to cover this additional expenditure in 2007. A budget adjustment of$6l,61O for the General Fund Parks & Recreation Department 2007 budget is requested to fund this contract with Conservation Technix for the Park Plan update. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA 0 GENERAL BUSINES~ PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve a contract with Conservation Technix to update the Long Range Park Plan and authorize the Mayor to finalize and execute the contract in substantially the same form as presented and authorize the required budget adjustment in the amount of $61 ,61 0 to fund this work. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action PROFESSIONAL SERVICES AGREEMENT Bremerton Parks, Recreation and Open Space Plan The City of Bremerton ("City") and Conservation Technix, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perfonn the services more specifically described in the Scope of Work, dated 23 January 2007, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be perforn1ed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks desclibed in Exhibit A immediately upon execution of this Agreement. The parties agree that the work desclibed in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) ofthis agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $61,610.00. Consultant's charges and bills shall confonn to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descliptions shall conform to and fall within the categolies set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the light to priolitize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant 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. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. BremertonlConservation Teclmix, lnc Bremerton Parks, Recreation and Open Space Plan - 2007 Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is perfonning independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its persOlmel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the tenn of this Agreement, engage other independent Consultants to perfonn the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perfonn 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. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers hannless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the perfonnance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction detennine that this Agreement 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 the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HA VE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or tennination of this Agreement. BremertonlConservation Technix, lnc Bremerton Parks, Recreation and Open Space Plan - 2007 Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and propeliy damage; and 2. Commercial General Liability insurance written on an occurrence bas,is with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCV) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by celiified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Conservation Technix, Inc Bremerton Parks. Recreation and Open Space Plan - 2007 Page 3 of6 VII. General Conditions: A. Reports and Infonnation: When requested by the City, Consultant 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. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic fOlmat, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services perfonned by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third pmiies, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Portland, Oregon. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this infonnation shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the propeliy of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or dmnage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Portland, Oregon. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. 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. Bremerton/Conservation Technix, Inc Bremerton Parks. Recreation and Open Space Plan - 2007 Page 4 of6 F. Severability: Should any pmi of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. 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. Citv Address City of Bremerton 680 Lebo Blvd. Consultant Address Conservation Technix, Inc Bremerton, W A 98310 PO Box 12736 Portland, OR 97212 I. 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. J. Non-Waiver of Breach: The failure of the City 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. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. 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 Sup,erior Court. M. Attomeys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attomey's fees. I N. Assignment: Any assignment ofthis agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriniinate 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. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, telminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the Bremerton/Conservation T eclmix, Inc Bremerton Parks. Recreation and Open Space Plan - 2007 Page 5 of6 other Party substantially fails to perfonn through no fault of the terminating Party, and the non- perfonning Party does not commence conection of the failure of perfonnance within thirty (30) days of the tenninating Party's sending notice to the non-perfOlming Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the tennination date. If the City 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 cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be tenninated nor shall Consultant 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 the City, 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 Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date oftermination, as described on a final invoice submitted to the City. After tennination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: its: Date: By: Stephen Duh its: Principal Date: Approved as to form: Attest: l City Clerk Bremerton City Attorney R:ILEGALIContractsIFORMS\Professional Services Agreement FOl1n (2003).doc Bremerton/Conservation Technix, Inc Bremerton Parks, Recreation and Open Space Plan - 2007 Page 6 of6 CONSERVATION THUII- Exhibit "A" 23 January 2007 Wyn Birkenthal, Director Bremerton Parks and Recreation Department 680 Lebo Blvd Bremerton, WA 98310 RE: Bremerton Parks, Recreation and Open Space Plan Dear Wyn: Conservation Technix, Inc. is pleased to submit a scope of work and budget to assist the city of Bremerton in updating its Parks, Recreation and Open Space Plan. Our firm has partnered with the Illahee Group, Inc. to bring the strongest possible depth and breadth of experiences and skills to this project, and the team offers a strong background in public sector planning, community outreach and design. Weare excited to participate in this process and recognize the potential for an exemplary park and recreation planning effort that takes advantage of Bremerton's natural setting. Project Understanding As the largest city in Kitsap County and with its close proximity to the Olympic Peninsula and Seatde, the city of Bremerton boasts a strong parks and recreation program with over 200 acres of park and open space lands and quality recreation programs. With access on the Puget Sound, Bremerton offers a wide range of recreational opportunities to its residents and visitors. The major objectives of the Parks, Recreation and Open Space Plan are to: · Involve local residents to inform the plan through meaningful public outreach; II Combine existing planning and facility information into a concise, readable format; .. Produce a plan that will secure CTED and lAC approval to facilitate future grant opportunities, and; II Produce a final draft plan on a timeline consistent with the city's requirements. Scope of Work Task 1: Project Initiation, Scoping & Management As an initial task, we will meet with Parks staff to refine the scope of the project and hold a project kick- off meeting, as necessary, to consider the following: Ii Review and discuss the overall goals and objectives for project · Refine public outreach program and identifY potential meeting dates · Discuss any concurrent city-based planning efforts underway or pending to assess need for integration and/or coordination of efforts II IdentifY contacts and relevant community stakeholders The project planning team will work closely with staff to modify or amend the work scope, timeline or milestones, as needed, to ensure common expectations and a clear, mutual project understanding. PO Box 12736 · Pordand, OR 97212 a www.conservationtechnix.com 503-989-9345 Page 2 of 5 Bremerton Parks, Recreation & Open Space Plan Scope of Work and Budget Timeline: II Completion late Febmary Budget: III $4,875 (8% of total) Task 2: Existing Facility Inventory Analysis & Plan Document Review We will compile and review all existing print and electronic Parks and city-wide planning materials, specifically the current Parks Plan and city comprehensive plan. We will seek to coordinat~ plan development and community outreach with other pending and existing planning processes to maximize resident involvement. Additionally, we will review the city's web site information and other materials related to recreation programs and offerings, individual park site planning and development, the golf course and the current department budget. Following a park and facility tour, physical inventories of each park site will be conducted to identify potential needs for improvement, enhancement, or renovation. Site inventory sheets and an amenities matrix will be developed to provide insight to any existing gaps or deficiencies in the park system. A review of recreation program offerings also will be conducted, along with a review of programs provided by other local, public and private service providers. This information will be used to inform the needs analysis and the development of the capital facilities component. We will obtain pertinent GIS datasets and review past mapping products to begin to compile an updated system inventory, along with the capability to assess acquisition and development gaps based on service standards and community needs. GIS-based mapping will enable the team to make informed recommendations about potential future candidate acquisition sites that maximize resource utility while managing potential long-term development and operating costs. We will also compile demographic information for Bremerton and its environs. This data will assist in analyzing community needs and trends based on population and income details. A community history and profile will be completed to summarize these findings. Deliverable: ../ Inventory Sheets for Each Park Site ../ Park and Facility Amenities :Matrix Timeline: II Completion late May Budget: II $9,435 (16% of total) Task 3: Community Outreach A successful public involvement process is an essential element of this project. Our team offers extensive experience in conducting, facilitating and documenting public outreach efforts. We propose a thorough and thoughtful public comment and review process to enliven, inform and validate the Park Plan update. PO Box 12736 · Portland, OR 97212 · www.conservationtechnix.com 503-989-9345 Page 3 of 5 Bremerton Parks, Recreation & Open Space Plan Scope of Work and Budget To foster greater community support and awareness for the Parks Plan and facilitate plan approval by the various reviewing agencies, we propose the following public involvement components, to be discussed in more detail below: III Mail and Web-based Survey II Public Meetings for Plan visioning and review II Stakeholder Interviews & Group Discussions II Website content Mail and Web-based Survey Working closely with staff, we will develop a survey instrument to identify the community's preferences, needs, demand and the general use of parks and recreation facilities. The survey will be prepared for mail distribution and internet hosting. We propose a random sample of 3,000 residents using GIS-based Assessors,information for the mail survey, with reminder cards to follow. The redundant web survey will also be linked from the city's web site and identified via press releases and community announcements. Public Meetings We propose to coordinate and facilitate three (3) public meetings, with logistics support from Parks staff, and recommend the following sequence of sessions: II Community Meeting #1: We will present an overview of the planning process and project purpose, elicit local insights on the future vision for the parks system, and begin to explore program and facility opportunities. We will also use this opportunity to explore and identify with residents any non-traditional recreation providers, local associations, and other interested parties who might provide critical information to the plan. This session may be in coordination with the Transportation System Plan meetings or the pending Downtown Master Plan meetings. Co:pununity Meeting #2: We propose an informal open house session for residents to get a project progress update and to confirm field observations about park sites and facilities. Residents would be asked to add richness to the inventory data and matrix and begin to identify important upgrades, expansions, or enhancement projects that could be reflected in the capital facilities plan component. Community Meeting #3: We will host a public session to present and review the draft Parks Master Plan and seek critical feedback in specific areas, such as capital project priorities. II .. Stakeholder Interviews & Group Discussions With guidance from Parks staff, we will conduct up to fourteen (14) individual interviews or group discussions with staff, the Park Commission and external stakeholders to explore the strengths of and opportunities for the program, inquire about its financial and programmatic challenges, and probe for ways to clarify program goals and expand public involvement in and support for the parks and recreation program. External stakeholders may include organized sports associations, seniors, youth, community or civic groups, business associations such as local homebuilders or realtors, and others. Observations from all stakeholder interviews will inform the development of the draft plan and any subsequent public meetings. PO Box 12736 iii Portland, OR 97212 III www.conservationtechnix.com 503-989-9345 Page 4 of 5 Bremerton Parks, Recreation & Open Space Plan Scope of Work and Budget Project Website We will provide content for the Parks and ,Recreation Program web page as anothe.r means to inform residents of the planning process and public meeting calendar, review draft materials and solicit feedback. Deliverable: ./ \\lebsitE Content ./ Design and Implement a 3,000 piece mail SUrVEY and redundant \veb suryey ./ 14 Stakeholder intervie\vs and group discussion to include administration staff, maintenance staff, Parks Commission and other external interest groups ./ Coordinate and Facilitate 3 Public lvIeetings Timeline: II Completion mid September Budget: I!I $11,505 (20% of total) Task 4: Demand & Needs Analyses An assessment of community demand and needs represents the core of the parks system master planning process. With information gathered through surveys, meetings, interview and discussions, inventory analysis, and demographics, a complete picture of the community emerges. In synthesizing this information, we will review current park standards and benchmark the city against other comparable cities and national goals. We will examine recent studies and regional statistics, such as the W A State SCaRP, to develop a trend assessment uniquely-focused toward Bremerton's demographics and facility offerings. We will interview recreation staff and review recreation program offerings to identify areas for enhancement or areas of direct market competition with private providers. Timeline: · Completion early July Budget: · $5,700 (10% of total) Task 5: Draft Park Plan Development Upon review of the existing Parks Plan and other recent city planning documents, we will begin to compile a draft Parks and Recreation Plan. Our team will gather information through stakeholder interviews, surveys and public meetings. The draft plan will include the following elements: · Vision, Goals and Objectives · History & Community Profile · Policies -. Public Involvement · Demand and Need Analysis · Capital Facilities Plan (including Priorities) · Facility Inventory · Implementation Strategies Preliminary mapping graphics and charts will enrich this fttst draft plan, along with trend and demographic analysis and a discussion of economic and health benefits. The draft plan will be circulated for staff and Park Commission review and will be presented to the public for comment in a follow up public meeting. PO Box 12736 · Portland, OR 97212 · www.conservationtechnix.com 503-989-9345 Page 5 of 5 Bremerton Parks, Recreation & Open Space Plan Scope of Work and Budget With significant non-profit and public sector experience, our team is well positioned to prepare a Parks Plan that is concise, readable, and implementable. Team effort will focus on refining, updating and condensing existing documentation, developing content specific to this planning effort, and compiling a succinct initial draft. Deliverable: ,/ Drilft Parks and Recreiltiol1 Plan Timeline: II Completion early September Budget: II $21,190 (37% of total) Task 6: Plan Revisions & Approvals Upon completion of the first draft plan, we will assist Parks staff in presenting the Plan's major themes and opportunities to the Park Commission at a regular meeting. Following the discussion and review by the Board, we will revise the document for a second draft. To complete the project, we will prepare documentation for the SEP A Checklist, lAC Self-Certification, and CTED notification. All planning documents and deliverables will be provided to the City in digital format. Deliverable: ,/ Final Draft Park and Recreation Plan ,/ SEP A Checklist ,/ lAC Self-Certification Form, with attachments ,/ CD(s) of all products developed for future reproduction Timeline: II Completion early November Budget: II $4,655 (8% of total) We propose a total project fee of$61,610, including expenses. A complete fee estimate showing hours by staff by task is attached. Please let me know if you have any questions or suggestions regarding this scope proposal. Thank you. Sincerely, 411 Stephen Duh, Principal Conservation Technix, Inc. PO Box 12736 · Portland, OR 97212 GI www.conservationtechnix.com 503-989-9345 Bremerton Parks, Recreation & Open Space Plan Exhibit "B" , 2007 ebruary Marcl1 April May .June Juy August September OctaDer November December Proiect Manaaement Project Initiation . Refine Project Goals and Approach .. Project Team Meetings (5) j III III III 11II 11II Client & Team Coordination ; .".,'<:',' Exlstlna Facilities Inventorv & Conditions Assessment Park and Faclllty Tour IIlIIlII Inventory Assessment Existing Plans Review Demographics and Communrty Profile Mapping ". , Demand & Needs Assessment Park System Standards & Classification Review Park, Trail & Open Space needs assessment Recreation programming needs assessment Service Level Assessment . Trend Analysis . Communltv Outreach Website content development II . .. - Public Meeting Notices; Press Releases . Survey Design & Implementation (mail with redundant web version) , Community Meetings (3) .. - Stakeholder Interviews (14) . Plan Develooment ; Vision, Goals and Objectives Histori~al Background & Context Needs Assessment & levels of Service Acquisition and Programming Approaches ExpendHure Analysis: Capital Facilities Plan : Financing Options Implementation Strategies ... Draft Plan Maps Deliverable: Draft #1 Parks Plan (Internal Review) .. Deliverable: Draft #2 Parks Plan (Public Review) III Final Plan Aooroval Park & Recreation Commission Meetings (3) .. 11III . Planning Commission Meetings (2) 11III III Council Meeting! Study Session (1) II CrEO Review & Notice of Intent to Adopt (60 day min. review) SEPA Checklist and Determination of Nonsigniflcance , Deliverable: Final Comprehensive Plan and Maps III!IIII'.!J Action: Council Adoption of Plan . lAC Self-Certification -=- Project Close Out steve Duh David Sacamano Mike Shepherd ,I', . Project Manager Landscape Architect TechnicallMiter as s ours Hours @ $95 Hours @ $95 Hours @ $60 Pro eel Management rOJect nlllatlon 2.0 T 190 1 $ 95 1 $ 95 $ 0 Refine Project Goals and Approach 3.0 $ 285 2 $ 190 1 $ 95 $ 0 Project Team Meetings (5) 32.0 $ 2,890 12 $ 1,140 10 $ 950 10 $ 600 Client & Team Coordination 18.0 $ 1,710 14 $ 1.330 4 $ 380 $ 0 Sullto a IiMI ; 4,871i 29 $ 2755 16 $ 1520 10 $ 600 eX st ng Facilities nventory & Conditions Assessment ark and Facllty our 24.0 $ 2,280 8 $ 760 16 $ 1,520 $ 0 Inventory Assessment 21.0 $ 1,995 1 $ 95 20 $ 1,900 $ 0 Existing Plans Review 16.0 $ 1,310 6 $ 570 4 $ 380 6 $ 360 Demographics and Community Profile 8.0 $ 620 4 $ 380 '0 $ 0 4 $ 240 Mapping 34.0 $ 3,230 14 $ 1,330 20 $ 1,900 $ 0 sumo B IU3.0 ; 9,43~ 33 $ 3135 60 $ 5700 10 $ 600 Demand & Needs Assessmen ark System Standards & Classification Review 2.0 $ 1,140 10 $ 950 2 $ 190 $ 0 Park, Trail & Open Space needs assessment 22.0 $ 2,090 18 $ 1,710 4 $ 380 $ 0 Recreation programming needs assessment 16.0 $ 1,520 12 $ 1,140 4 $ 380 $ 0 Service Level Assessment 6.0 $ 570 6 $ 570 0 $ 0 $ 0 Trend Analysis 4.0 $ 380 4 $ 380 $ 0 $ 0 SUIlIO a 60.U ; 1i,700 50 $ 4750 10 $ 950 0 $ . Community Oulreach Website content aeve opment 10.0 $ 80 4 $ 380 2 $ 190 4 $ 240 Public Meeting Notices; Press Releases 7.0 $ 455 1 $ 95 0 $ 0 6 $ 360 Web and Mail Survey Design & Coordination 27.0 $ 2,250 16 $ 1,520 2 $ 190 9 $ 540 Survey Implementation (printing, sorting & postage fees) (flat fee) $ 2,500 - Community Meetings (3) 50.0 $ 4,190 16 $ 1,520 18 $ 1,710 16 $ 960 Staff & Park Commission Interviews (8) 20.0 $ 1,900 12 $ 1,140 8 $ 760 $ 0 Stakeholder Interviews (6) 20.0 $ 1,900 16 $ 1,520 4 $ 380 $ 0 SUDlOta 734.0 ; 17,IiO~ 65 $ 6175 34 $ 3230 35 $ 2100 PI an Deve opmen ISlon, Goa s and Objectives 8.0 $ :,570 12 $ 1,140 2 $ 190 4 $ 240 Historical Background & Context 10.0 $ 670 2 $ 190 0 $ 0 8 $ 480 Parks Plan Documentation Acquisition and Programming Approaches 14.0 $ 1,330 12 $ 1,140 2 $ 190 $ 0 Needs Assessment & Levels of Service 12.0 $ 1,000 6 $ 570 2 $ 190 4 $ 240 Expenditure Analysis: Capital Facilities Plan 32.0 $ 3,040 12 $ 1,140 20 $ 1,900 $ 0 Financing Options 12.0 $ 1,070 8 $ 760 2 $ 190 2 $ 120 Implementation Strategies 20.0 $ 1,830 16 $ 1,520 2 $ 190 2 $ 120 Draft Plan Maps 32.0 $ 3,040 8 $ 760 24 $ 2,280 $ 0 Deliverable: Draft #1 Parks Plan (Internal Review) 56.0 $ 4,690 24 $ 2,280 14 $ 1,330 18 $ 1,080 Deliverable: Draft #2 Parks Plan (Public Review) 34.0 $ 2,950 18 $ 1,710 8 $ 760 8 $ 480 Sublota 240.0 ~- 21,'90 118 $ 11210 76 $ 7220 46 $ 2760 Hna. I",an Approva, arK & Kecreatlon Gommisslon Meetings (3) 8.0 T 0 10 $ 950 8 $ 760 $ 0 Planning Commission Meetings (2) 5.0 $ 475 5 $ 475 $ 0 $ 0 Council Meetings (1) 3.0 $ 285 3 $ 285 $ 0 $ 0 CTED Review & Notice of Intent to Adopt (60 day min. review) 1.0 $ 95 1 $ 95 $ 0 $ 0 SEPA Checklist and Determinetion of Nonsignificance 6.0 $ 570 6 $ 570 $ 0 $ 0 lAC Seif-Certification 2.0 $ 190 2 $ 190 $ 0 $ 0 Deliverable: Final Comprehensive Plan and Maps 14.0 $ 1,330 4 $ 380 10 $ 950 $ 0 SUDlOla 49.0 ; 4,655 31 $ 2945 18 $ 1710 0 $ :J:q;J:{}~i~~i',l~iN,Gl~9l!:r:~;::; ;^,,' ,0;;_ ., :.~',;~': '"';"'. ''',:~l';:': ~ ;~:i~.~~it~6!1iQl~~6{ ~; ~~t~~~{;~~7(ll<<~ $ 30,970 $ 20,330 $ 6,060 ,_,J,,_' ." ,', ) ,~-. Exhibit "e" penses Miscellaneous Expenses (Mileage~ravel, Draft & Final Printing, Presentation Boards, etc) :rQ",A;l/I;,~~E~~g!!';::";";i!" PROPOSAL BASE BID Planning $ 57,360 Expen... $ 4.250 ota. 61,610 Date: 2/7/2007 Time: 4:04 PM Page: 001- To: City of Bremerton @ 1-360-473-5882 ACORD,M CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMIDDNYYY) 2/7 /2007 PRODUCER (503)227-1771, Fax(503)274-7644 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Elliott, Powell, Baden & Baker, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1521 S.W. Salmon Street AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 972051783 INSURERS AFFORDING COVERAGE NAIC# INSURED I~.ISUPER ~ Hartford Insurance Conservation Technix, Inc. IfOJRER B PO Box 12736 INSURER C INSURER [, Portland OR 97212 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEI,N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DATE (MMIDDNY) ~ERAL LIABILITY 52SBAUN1899 08/04/2006 08/04/2007 EACH OCCURREI'ICE I 1,000,000 ~ 3I1VIEF:CIAL GEI~ERAL LIABILITY DAIvIAC,E TO REIITED f. 300,000 PREMI3E:; Ed o(cun-enCE'1 A CLAIMS MADE [!] (J((UR t.~ED E ;p (Anv one P81$011) I. 10,000 - I-- F'ERSOlhL g ADV I~.I.IUR'Y f. 1,000,000 f-- GEI~EF AL ACo':'REr:'ATE '1. 2,000,000 GEI'.I'L A'3GREGATE LIMIT APPLIES PER: PRODUCTS - C(iMP/OP AGe., $ 2,000,000 II nPRO n POLICY ,JECT LOC AUTOMOBILE LIABILITY CCrMBI"IEC' SII.Jr;LE L1~IIT - (Ea aCCident) 'f. - AN'( AUTO I-- ALL OWI.IED AUTOS E:r)DIL \' III.JUI,Y (Per pi?, sc<n) I f-- SCHEDULED AUT(JS I-- HIREDAUTO'3 50DIL y I~I.IURY '1 NON-OWI,ED AUTOS (Per ac:rdont) I-- PROPERTY DAMAGE f: IPel ac,:rdon!) RRAGE LIABILITY AUTO ('NL'{ - EA A'CC IDE~IT '1 A~IY AUTO OTHER TH AN EA ACC f, AUTO (Ir'IL r' AGtJ 'f. 3ESSJUMBRELLA LIABILITY EACH r~CCURREIKE 'f. OCCUR D CLAIMS MADE AGGREGATE I 'f, q DEDUCTIBLE I R'ETElmOI.1 $ f WORKERS COMPENSATION AND I T~:'~) ItJHs I IOTH- ER EMPLOYERS' LIABILITY . ANY PR:,)PRIETORIPARmERIE)'ECUTIVE E LEACH ACCICHJT j, OFFICER/MEMBER E)(CLUDED? E L DISEASE - EA EMPLO'iEE ~ If yes, des(:llbe under SPECIAL PROVISIOI% below E L DI:,;EASE. POLICY LIMIT f OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIO~IS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Bremerton is included as an Additional Insured as respects their interest in the operations of the Named Insured. CERTIFICATE HOLDER CANCE LLA TION (360) 473-5882 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Bremerton EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Wyn Birkenthal 30 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 345 6th Street, Suite 600 - FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Bremerton, WA 98337 INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA TIVE ,,<::;;:$~'~je:~~= Alissa Olson/LJ ACORD 25 (2001/08) INS025 {Ol1J811J8a @ACORDCORPORATION 1988 Pa9€' 1 (.f::! DA TE SUBMITTED: BILL # 07- 05 I AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~B ........................................................................................ SUBJECT: Resolution No. 3oJ5adopting Committee Meeting Date: 2/28/2007 the Bremerton Neighborhood Enhancement COUNCIL MEETING Date: 31712007 Program Department: DCD-CDBG/HOME Presenter: Marie Vila Phone: 360-473-5375 SUMMARY: The Neighborhood Enhancement Program will provide small matching grants to community groups seeking to make physical improvements in their neighborhoods. Through these grass roots projects the City aims to trigger cornmunity-mindedness and pride that will make a positive difference to the City as a whole. A TT ACHMENTS: Proposed Resolution Exhibit A: Neighborhood Enhancement Program Summary Exhibit B: Neighborhood Enhancement Administrative Summary Exhibit C: NEP Participant Agreement, with attachments as follow: Attachment I: Project Requirements-Forms a) Voucher Reimbursement Request Form I-I a b) Voucher Detail Form I-Ib c) Match Budget Expenditure Form I-Ic d) Match Detail Form I-Id e) Payment Authorization Form 1-2 f) Progress Report Form 1-3 g) Final Report Form 1-4 h) Volunteer Match Generated Form 1-5 Attachment 2: Federal Conditions FISCAL IMPACTS (Include Budgeted Amount): Up to $20,000 program income from Housing Rehabilitation Program. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution No. Neighborhood Enhancement Program ~oJ-S CONSENT AGENDA D GENERAL BUSINESS PUBLIC HEARING D to adopt the Bremerton COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action RESOLUTION NO. 30~5 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Neighborhood Enhancement Program. WHEREAS, the City of Bremerton recognizes that improvement and development of its neighborhood communities is critical to the long term appeal and dynamic growth of the City; and WHEREAS, the City of Bremerton recognizes that an investment in its neighborhoods is a good public investment in community development and revitalization; and WHEREAS, the City of Bremerton seeks to offer small, competitive grants of up to $5,000 to neighborhood groups willing to organize, plan and carry-out a public project creating physical improvements in their neighborhood; and WHEREAS, neighborhood groups will be required to make a matching contribution of one dollar for each grant dollar, payable through volunteer labor, cash donations, and/or in-kind contributions and donated professional services; and WHEREAS, the City of Bremerton will commence the Neighborhood Enhancement Program with an initial investment of up to $20,000 of CDBG program income from the Housing Rehabilitation Loan Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The Neighborhood Enhancement Program set forth in Exhibits A through C attached hereto is hereby adopted as the City of Bremerton's Housing Rehabilitation Loan Pro gram. 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. 1 Neighborhood Enhancement Program 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_ ,2007. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\Legal\Legal\ResoJutions\Community DeveJopment\Neighborhood Enchancement Program. doc 2 Neighborhood Enhancement Program EXHIBIT -A Neighborhood Enhancement Program February 21, 2007 PROGRAM DESCRIPTION I. Proqram Summary The Neighborhood Enhancement Program provides small matching grants to community groups seeking to create physical improvements in their neighborhoods. Through these grassroots projects the City aims to trigger community-mindedness and pride that will make a positive difference to the City as a whole. II. Community qoals: Exerpted from City of Bremerton Comprehensive Plan, CC4, adopted December 2004 (CC4) Goal to "create distinctive growth, with viable neighborhoods and centers that provide greater choice and convenience". . Bremerton's neighborhoods and communities direct the City's future growth . The City will provide a leadership towards achieving cohesive, stable neighborhoods. III. Proqram Obiectives . Create a neighborhood community improvement that provides a broad public benefit . Inspire ongoing, active community-mindedness in the neighborhoods and City . Encourage resident-business partnerships . Enhance the character and livability of our neighborhoods IV. Proqram Elements: A. Program Administrator: City of Bremerton Department of Community Development for the Office of the Mayor B. Use of Funds . Small grants to local, grassroots or neighborhood organizations for eligible projects . Associated administration costs, if applicable (recordkeeping and tax filing fees) . May NOT be used for personal benefit C. Target Areas for Assistance 1. All areas within Bremerton are eligible for assistance under the Program 2. All things equal, selection criteria will award preference to the following areas: · Designated Neighborhood Centers · Designated Blight Zones D. Grant Details 1. 2006 Neighborhood Grant Fund: $20,000 2. Maximum Neighborhood Enhancement Grant Award: $5,000 3. Match Requirement: $1 for each award dollar, payable as follows: · Volunteer Labor credited at $15/hour . Donated Skilled Labor (donated at reasonable and customary rate) . Donated Professional Services. (donated at reasonable and customary rate) · Supplies, tools, cash Page 1 E. Eligible Neighborhood Grant Award Applicants 1. Must be inclusive, with open membership and active recruitment of new members to encourage neighborhood resident involvement 2. May not discriminate on the basis of race, color, religion, sex, sexual preference, or national origin 3. Must be resident of the City of Bremerton, or organizations representing City of Bremerton constituents · Neighborhood or Community based organizations · Ad-hoc groups of neighbors coming together for purpose of project; an individual may apply if support of neighborhood is demonstrated · Association of residents and/or businesses from a certain geographic location · Bremerton-based Non-Profit 501 (c)(3) Business · Local Business Associations · Non-Profit 501 (c)(4) area civic groups promoting social welfare · Special interest groups may apply under the following conditions: ,/ required to include residents of neighborhood geographic area ,/ May not use project as forum for special interest activities 4. The following are NOT eligible applicants: · Individual persons or individual businesses · Government agencies · Non-local organizations F. Eligible Projects 1. Seek to create a stronger, healthier community 2. Provide a public benefit, resulting in a product that benefits a geographic neighborhood 3. Emphasize self-help; i.e. neighbors/community members doing for themselves, in partnership with other local organizations and local government 4. Involve neighbors/members of the community in planning and implementing the project 5. Project site restricted to: · City owned; City Right-of-Way-with Public Works approval · City Parks-with City Parks approval · Public School Property in partnership with the Bremerton School District · Site may not be privately owned · Neighborhood Enhancement Grant funds may not be used for the following: · Duplicate an existing public or private program · Support ongoing programs or services · Replace funding lost from other sources, or provide gap funding · Pay for an organization's operating expenses that are not directly related to the awarded project G. Expenses 1. Eligible Expenses · Planning, design, administration-10% maximum Page 2 Supplies, equipment rental, materials, other project-related hard costs- minimum 87% Fiscal Sponsor Fee-3% maximum fee based on total grant award 2. Ineligible Expenses · Purchase land or buildings · Pay for food, beverages, and/or catering expenses · Pay for out of City travel expenses . Pay for expenditures or financial commitments made before the organization is under contract with the City of Bremerton H. Other Compliance Requirements . Environmental Review-site visit required for application finalists . Health and Safety Review-for certain project (such as soil testing for a proposed vegetable garden site) . Davis-Bacon compliance for construction projects where fund are used to hire laborers or mechanics under a contract exceeding $2,000 Page 3 EXHIBIT B Neighborhood Enhancement Program February 21,2007 PROGRAM ADMINISTRATION I: Application A. Information and Assistance 1. Application and Informational Packet 2. Informational and Grant Writing Tips Workshop . 3. Community Development staff available for questions and additional assistance B. Application for Grant Funding 1. Shall be provided by City Department of Community Development or Mayor's Office; program information and application guidance will be available from City DCD 2. Application is due in the Department of Community Development office on announced due date and time. No late submissions accepted; postmarks are not valid proof of timely submission. 3. Complete applications shall include: . Application Form, including proposed project budget and completion schedule . Fiscal Sponsor Commitment . Match and Volunteer Commitment Form . Adjacent Property Owner Acknowledgement II. Proiect Selection Process A. Selection Criteria (includes but is not limited to) 1. Community Benefit: . Project proposes a good approach to a neighborhood problem; it addresses a clear and pressing need . Project shows a clear benefit that can be shared by a wide variety of people 2. Community Participation: . Project includes opportunities to involve neighbors from conception to implementation . Project has clear support form surrounding neighbors and businesses 3. Location: . With all other factors equal, preference will be given to proposals located in areas of greatest need based on: · Comprehensive plan call-out area (neighborhood center) · Designated Blight Zone 4. Matching Contribution . Matching contributions are realistic and appropriate to the project . Neighborhood contribution for match is documented and confirmed . At least 30% of match derived from neighborhood sources Page 1 . Multiple match sources strongly encouraged 5. Partnerships: . Project has partnered with one or more local businesses, agencies, and non-profits to support project success . Project has brought together diverse components of the Bremerton and neighborhood communities to work together 6. Project Feasibility: . Project proposal is well planned and ready for implementation . Budget is accurate and realistic . Reasonable expectation of completion within 6 months B. Funding Decision 1. Review and recommendation will be made by a committee of 5-6 City staff members from: . DCD: Long and Short Range Planning . Permits department . HOME/CDBG programs . Other City staff on a rotating basis 2. Funding decision will be made by panel of Public Works, DCD and Parks directors 3. Other commissions may be called in for evaluation on a case by case basis (such as Parks Commission, Arts Commission, etc, depending on project idea) 4. Mayor's office will announce awardees 5. DCD will notify applicants if their project was not selected III. Contract Elements Award will be formalized by a written contract between the Awardee, Fiscal Sponsor, and the City of Bremerton A. Term: Project must be completed within 6 months of contract date, or as otherwise specified in contract B. Payment of Grant Award . Paid on a reimbursement basis or by arrangement with a pre-approved vendor (ie: P.O.) . For eligible, project-related expenses only . Expenses incurred prior to contract date are not eligible for reimbursement C. Fiscal Agent . Each awardee group must designate a Fiscal Agent. May be: · A qualified member of the neighborhood group ./ One individual who accepts Fiscal Agent role for duration of project ./ Must obtain EIN, file W-9 as pre-requisite for fulfilling role · Third-party Fiscal Agent ./ Local business, agency or non-profit ./ May be project partner a. TIP: A 501 (c)(3) non-profit project partner acting allows tax- deductible matching contributions Page 2 .,/ May donate or receive payment for Fiscal Sponsor services provided a. Financial Agent compensation may not exceed 3% of award . Responsibilities · Handle cash, submit reimbursement requests, receive grant funds and distribute reimbursements to community members or approved vendors · Maintain detailed accounting of grant funds .,/ Spreadsheet showing income and expenditures .,/ Backup documentation-bank statements, receipts, P.O.s, check copies, etc. · Maintain records documenting use (receipt and disposition) of grant funds · Submit appropriate tax forms · The Fiscal Agent is not necessarily responsible for tracking other donations to the project D. Insurance . City will norm::1l1y covor incur::1nco for ::1 noighborhood gr::1nt projoct .. Projoct must bo ::1doqu::1toly cuporvisod .. Projoct must bo 'Noll pl3nnod · Neighborhood group and project partners must sign a hold-harmless agreement · Insurance must be obtained by awardee if City deems necessary E. Competitive Bid (if applicable) . The City of Bremerton encourages an open bidding process for all projects · The City of Bremerton encourages hiring services from minority and women owned businesses when possible · Because Neighborhood Enhancement grants will not exceed $10,000, awardees are not required comply with City of Bremerton bid solicitation policies (BMC2.76.040) IV. Proiect A. Application a. Site visit to evaluate project feasibility B. Commencement a. Contract b. Permits c. Groundbreaking C. Reimbursement requests a. Submit monthly; more frequently if special payment arrangements are made with an approved vendor · Neighborhood group members will submit reimbursement requests to Fiscal Agent. o Must include itemized receipts for all vouchered expenses o Requests may come from multiple individuals · Fiscal Agent reviews and prepares single voucher; submits to City staff Page 3 . City staff reviews; reimburses eligible, documented expenses in one lump sum, payable to Fiscal Agent . Fiscal Agent receives reimbursement and makes payouts to individuals O. Monitoring . City will periodically monitor project site (initial, midpoint, final) o Permits; Meeting code requirements o Progress o Safe, clean and organized project site . City will periodically monitor financials o Fiscal Agel",1t is maintaining clear, accurate, professional-quality records o Verify all reimbursements are reaching the right folks o Account for all grant funds disbursed E. Reporting . Monthly progress reports submitted to City with Reimbursement requests o Drawdown summary o Match progress o Project progress o Neighborhood participation counts . Annual IRS filing-see Fiscal Agent responsibility F. Closeout . Final site inspection, including photos of completed project . Final project report, see above . Permit inspection, sign-off . Fiscal Agent gives any records to City for long-term storage . Ceremony of choice for public V. MarketinQ of proqram A. Feature in Mayor's Monthly Report B. Promotional mailout in utility bills, targeted if staff deems necessary C. Councilmember neighborhood/district outreach meetings D. Neighborhood association/other organization outreach E. Grant assistance workshop offered by OCD staff F. Ad in local newspaper G. Public Announcement at City Council meeting H. BKAT spot I. Inaugural project kickoff event (PR event, w/ Mayor, staff, volunteers) J. COB DCD web page announcement K. COB web page for ongoing program information Page 4 AGREEMENT Page 1 EXHIBIT C DEPARTMENT OF COMMUNITY DEVELOPMENT NEIGHBORHOOD ENHANCEMENT PROGRAM PARTICIPANT AGREEMENT This Agreement is made between The City of Bremerton ("the City"), acting through the Department of Community Development ("the Department"), Enter Organization ("Neighborhood Organization") and Enter Fiscal Sponsor ("Fiscal Sponsor") (or collectively the "Recipients"), to carry out under the terms of Resolution #XXXX the following Neighborhood Enhancement Program (NEP) project: Project Name, ("Project"), NUMBER, ARTICLE I: ACTIVITIES Section 100: Project Description The Neighborhood Organization shall perform the work under this Agreement, and arrange for reimbursement through the Fiscal Sponsor. The Neighborhood Organization shall provide to the City periodic reports as provided in Section 301, and fulfill other responsibilities of a recipient as provided by this Agreement. Project Description: Description including expected, measurable deliverable(s) Section 101: Steps Required to Complete Project Steps Required Estimated Dates 1. first item.......................................................................................... 1. 2. second item.................................................................................... 2. 3. third item.. ......... ............................... ................... .................... ........ 3. Section 102: Time of Performance A. Fundinq. The term of this Agreement for the provision of funds to the Fiscal Sponsor is Insert Start Date through Insert End Date, unless such term is properly amended pursuant to the provisions of this Agreement. All funds for this project must be expended by Insert End Date. Any balances at the end of the term will not be available to be expended, unless this Agreement is amended by mutual agreement of the Parties. B. Post Proiect Reportinq. The Neighborhood Organization shall continue to perform the maintenance and reporting responsibilities described herein until Insert Maintenance End Date. Section 103: Project Location Project Location, please include zip code plan (exampie: east side of Sheldon Avenue between McKenzie and Pacific Avenues, Bremerton, WA 98337); intersection or area (example: east side of Sheldon Avenue between McKenzie and Pacific, Bremerton, WA 98337), or a general address (such as Mattan Park, zip code 98337). Section 104: Project Maintenance For the term of the maintenance period, the Neighborhood Organization shall perform maintenance pursuant to the maintenance plan described as follows: Describe maintenance plan (example: The Evergreen Neighborhood Association and Bremerton Parks and Recreation will develop a Memorandum of Agreement related to maintenance of Sheldon Way curbside plantings. The Organization will provide a copy of the Agreement to the Department of AGREEMENT Page 2 Community Development, however, it's assumed that maintenance will be shared by Bremerton Parks and Recreation and the Organization.) Failure to maintain the project as noted above can exclude the Neighborhood Organization from receiving future City funding. If the project is on City-owned property, failure to maintain the project may result in the City taking any action it deems appropriate to preserve the project, protect the public or City-owned property. Section 105: Contacts Written notices, requests, grievances, reports, invoices or adjustments to the Department shall be made to, Insert PM Name, Department of Community Development, 345 6th Avenue, Suite 600, Bremerton, W A 98337-1873. Written notices, requests, reports, grievances or adjustments to the Neighborhood Organization shall be made to Insert Organization, Contact (Contact Phone Number), l~'M'~~~, Bremerton, WA Zip Code and written notices, requests, grievance or adjustments to the Fiscal Sponsor shall be made to Insert Fiscal Sponsor, Insert Fiscal Contact Person (Required to have), Insert Fiscal Agent's Address, Bremerton, W A Insert Zip Code. ARTICLE II: FINANCIAL CONDITIONS Section 200: Maximum Funds Available A. The Department shall reimburse the Neighborhood Organization through the Fiscal Sponsor its allowable costs for the services identified in this Agreement in an amount not to exceed $0.00. B. Such reimbursement shall constitute full and complete payment by the Department under this Agreement. Allowable costs shall mean those necessary and proper costs approved by the Department. Allowable costs are those, which have been paid by the Fiscal Sponsor, or those, which . have been obligated by the Recipients. C. NEP Award Budget Personnel Line Item $000.00 Subtotal Personnel........... ..................... ................... ..... ............... ............. .......... $ Supplies and Materials Line Item $000.00 Subtotal Supplies.. ........................ .......... ........................................ ................. .... $ Services Line Item $000.00 Subtotal Services. ............. .......... ............................ ........ ......... ............. .......... ..... $ Capital Line Item $000.00 Subtotal Capital.. .......... ...... ............. ............................. ............... ............. ............ $ TOTAL NEP FUNDS ..................................................................................................................... $0.00 Other Funds AGREEMENT Page 3 Name of Fund source 1-10 words enumerating use of funds $000.00 Name of Fund source 1-10 words enumerating use of funds $000.00 TOTAL FUNDS TO RECIPIENTS ................................................................................................. $0.00 Services from other City Departments Department (e.g. Parks, Public Works) 1-10 words enumerating use of funds NEP funds Cash Match $000.00 $000.00 Department (e.g. Parks, Public Works) 1-10 words enumerating use of funds NEP funds Cash Match $000.00 $000.00 TOTAL Services from Other Departments......................................................... $ TOTAL ALL FUNDS... ..... .................................................... .................................. ........................ $0.00 Section 201: Minimum Community Match Required The Neighborhood Organization and the Fiscal Sponsor shall ensure that the Community Match component of the project is fulfilled. The match value shall equal or exceed $Total comm. match. Failure to generate the minimum match of $Minimum Match will be cause for the Department to withhold payment of invoices against this Agreement or to terminate this Agreement. The Community Match will be generated and expended according to the following schedule: Match Budget Detail Cash Specify what community cash will be used for $000.00 Subtotal Cash.................. .......................................................................... ........... $ Volunteer labor Specify Volunteer Job - x hrs @ $15 per hr $000.00 Subtotal Volunteer labor ...................................... ............................. ......... ........ $ Donated Services Architect Services - x hrs @ $50 per hr $000.00 Subtotal Donated Services... ....................................................... ........... ....... ..... $ Donated Supplies/Materials Line Item $000.00 Subtotal Donated Supplies. ....... ......................... ........ ................................... ..... $ TOTAL MATCH ................................................................................. $Total comm. match Section 202: Reimbursement AGREEMENT Page 4 The City shall, through the Fiscal Sponsor, reimburse the Recipient only for expenses incurred after the date set forth in Section 102, and compliance with all items included in Article III Project Requirements. Note:The City cannot advance any funds and only makes reimbursement based on actual cash spent or expenses incurred. The reimbursement will be made approximately 10 to 14 working days after submitting a properly executed invoice. . As further detailed in Article III, the City, at its discretion and with adequate documentation, may agree to make payment directly to an approved vendor for materials purchased or services rendered. Section 203: Fiscal Sponsor's Obligation to Disburse Funds It is the responsibility of the Fiscal Sponsor to act as trustee of the funds disbursed by the City and to pay the services performed by the Neighborhood Organization's employees, contractors, and vendors and to insure that the Recipient's contractors are paying their subcontractors, vendors, taxes and other financial obligations. When a reimbursement has been made by the Department to the Fiscal Sponsor for expenses, the Fiscal Sponsor shall promptly pay vendors, personnel, and contractors or subcontractors, less any retainage prescribed in any agreement entered into between the recipients and their contractors. Should the aforementioned personnel or subcontractors not fulfill their contract/services during the course of this project, the Fiscal Sponsor can withhold funds until the project has been completed to satisfaction. This clause should be included in the contract between the Fiscal Sponsor and the neiqhborhood orqanization and in aqreements between the Recipients and their contractors. The Department shall not be held responsible for any amounts claimed by a Neighborhood Organization's or Fiscal Sponsor's employees, suppliers, staff, contractors or subcontractors which have not been approved for payment by the City. Section 204: Project Budget Revisions and Overruns All project budget revisions, Match and NEP, must be approved by the Project Manager prior to expenditure. The City will not be responsible for any overruns and/or revisions incurred prior to its approval, unless such cost overruns result from requests by the City to change the scope of work of this Agreement or are the result of budget revisions made by the City. Budget revisions, which change the total amount awarded or significantly redirect the money from one cost category to another, will be authorized with an executed amendment to this agreement. For this purpose changes which redirect more than 10% of the total Neighborhood Enhancement Program award between cost account categories, such as from personnel items to capital items, will be considered significant enough to require an amendment. Smaller shifts of dollars between line items or cost account catetogories may be approved verbally. Section 205: Project Income Where the activities of this project are expected to yield income to the project from sales of tickets or otherwise, that cash should be considered as match and offset expenses of the project. Where excess income is generated from sale of materials during or after the term of this agreement, the Recipients will use the income to extend the activities of this project. ARTICLE III: PROJECT REQUIREMENTS The following requirements must be completed before the Fiscal Sponsor can proceed with the project and to invoice for reimbursement. Section 300: Method of Payment A. The Fiscal Sponsor shall submit a properly executed invoice, together with all reporting data. See Attachment A for the appropriate invoice and reporting forms. The Department will initiate AGREEMENT Page 5 authorization for payment after receipt and approval of such invoice and will make payment directly to the Fiscal Sponsor. The City may, at its discretion, agree to make payment directly to an approved vendor for purchases of over $500 where payment would create financial hardship for the Neighborhood Organization and the Fiscal Sponsor. Adequate documentation will be required, as below. Invoices shall be accompanied bv copies of all receipts, purchase orders, pavroll records. or vouchers which document the expenses claimed for individual expenses. B. The Department shall be excused from payments if funds allocated by the Department cease to be available for any cause other than misfeasance of the Department itself (see terms under Section 416.) C. The Department reserves the right to withhold payments pending timely delivery of a properly executed invoice, Match Expenditure Statement, Progress Report, or documents as may be required under this Agreement. D. All expenditures noted in the final invoice must be incurred by the closing date, as noted in Section 102, unless properly amended. The Fiscal Sponsor must send the final invoice with all necessary reports within 30 days of the closing date of this agreement. Section 301: Project Reporting A. Reportinq Data A Project Progress Report and Match Expended Statement shall be submitted by the Fiscal Sponsor with each invoice to Department of Neighborhoods, using the forms provided by the Department (see Attachment A). It is the responsibility of the Fiscal Sponsor to submit the reports to the Department, and it is the responsibility of the Neighborhood Organization to complete the match and progress reports in a timely manner and provide them to the Fiscal Sponsor. B. Match Expenditure Statement The Match Expenditure Statement should be submitted with copies of written materials documentinq the expenditure of donated qoods and services. This documentation will include: the relevant volunteer time sheets, letters from professionals identifying the donation they have made and its value, vendor receipts for donated goods or receipts for expenditures paid by funds raised by the Neighborhood Organization. Copies of all volunteer sheets shall be submitted regardless of value to enroll in Volunteer Insurance. See Section 303. C. Reports The Neighborhood Organization shall provide a copy of all written reports developed for the project to the Department. These may also be included in the Project Progress Report or under separate cover. Materials which help document the progress of the project include: project meeting or event flyers, project meeting minutes, draft reports, final reports, work party photographs, construction timelines, job descriptions, contractor contracts, and design drawings. D. Final Report The Neighborhood Organization shall provide a final, brief, written report with the final invoice which summarizes the project's successes and lessons learned. An outline for the final report is included in Attachment A, which may be used as a guide. E. Other Proqram Reports (Optional) The Neighborhood Organization shall (Enter Condition here.) . Progress Reports should include the "outcomes" of your project and evidence of success. . Demonstrate how the project has created stronger bonds between neighbors and greater connections in your community. . Identify the elements or strategies of your project that build community. AGREEMENT Page 6 EXHIBIT C Section 302: Indemnification and Risk Management/Third Party General Liability Insurance A. Indemnification Neighborhood Organization and the Fiscal Sponsor, collectively the "Recipient" under this Agreement agree to indemnify and save harmless the City, its officers, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatsoever kind or nature, including attorney fees, arising out of, in connection with, or incident to the work of this Agreement. In the event of litigation between the parties to enforce the rights under this paragraph, each party is responsible for its own attorney fees. This indemnification obligation shall include, but is not limited to, all claims against the City by an employee or former employee or volunteer of the Recipient, and the Recipient expressly waives all immunity and limitation on liability under the Washington State Industrial Insurance Act (Title 51, RCW). B. Risk Management It shall be the responsibility of the Recipients to exercise good risk management at all times to ensure that the project location is kept free from risk to those working on the project and the general public. The City is not responsible to injuries that occur on the project worksite. C. Insurance The City may require that the Recipient maintain at all times during the term of this Agreement its own policy or policies of insurance known as: (1) Commercial General Liability Insurance, including premises/operations, products/completed operations, personal/advertising injury, contractual liability, independent contractors liability. (2) If vehicles are used in the conduct of business, a policy of Business Automobile Liability, including coverage for owned, non-owned, leased or hired vehicles. (3) Worker's Compensation insurance for the state of Washington where the Recipients have employees. (4) Such insurance, as provided under items (1), and (2), above, shall be endorsed to include the City of Bremerton, its officers, elected officials, employees, agents and volunteers as additional insured on ISO form CG2026 or equivalent, and shall not be reduced or canceled without forty-five (45) days prior written notice to the City. (5) Recipient's insurance shall be primary, as respects the City and any other insurance maintained by the City shall be excess and not contributing insurance with the Recipient's insurance. Prior to receiving any funds, the Recipient shall furnish to the Department a certificate of insurance and the appropriate additional insured endorsement(s) in connection with the described project. Section 305: Purchase of Consultant Services A Professional Services Contract, to be reviewed and approved by the City of Bremerton Department of Community Development, and signed by the parties to the contract (the Neighborhood Organization and the Consultant), will be required if Neighborhood Organization will be purchasing consultant services. Section 306: Permit Requirements, Award Conditions and Approvals Prior to proceeding with the project, the Neighborhood Organization shall furnish to the City's Project Manager: Example: Street Tree Permit, etc. Section 307: Site Control Property to be used for site of Neighborhood Enhancement Program projects should be publicly held, either by the state, county or local jurisdiction such as parks, public works right of way or City owned property. Neighborhood Organization must obtain, in a written agreement, permission to use the site prior to application for NEP funds. The Agreement must outline the permissible use and term of use. AGREEMENT Page 7 Section 308: Federal Conditions (Optional) This Neighborhood Enhancement Program award includes some Federal funds from the Community Development Block Grant (CDBG) program. The City of Bremerton CDBG/CFDA number is 14.218. The Neighborhood Organization shall comply with all applicable federal rules and regulations as described in ATTACHMENT B - FEDERAL CONDITIONS AND CERTIFICATIONS REQUIRED BY HUD FOR CONTRACTS FUNDED BY CDBG. Section 309: Responsibilities of the Fiscal Sponsor A Fiscal Sponsor acts as trustee of th.e funds provided by the City through this Agreement and assumes the financial responsibilities related to completion of the Neighborhood Enhancement Program project. The Fiscal Sponsor handles and is accountable for the funds and other obligations as provided below. The Fiscal Sponsor assumes the following responsibilities: . Acts as trustee of the funds paid by the City and disburses such funds in accordance with the City's directions for eligible services, labor, and materials provided by the Neighborhood Organization. . Makes periodic reports to the City regarding the disbursements and the administration of the funds provided by the City. . Makes all payments to vendors, staff or contractors for project-related expenses. . Accepts and deposits checks from the City of Bremerton for these expenses. . If necessary, provides the up-front cash to pay for project costs until reimbursement is received from the City. The City can only provide reimbursement based on actual cash spent or when expenses are incurred through the ordering of equipment, purchase items, or services on credit. . Prepares and submits to the City the project invoices for reimbursement in the format specified by the City. This includes collecting from the applicant organization the community match reports, and project progress reports and submits to the City with all project invoices. Approximately 10 to 14 working days should be allowed after submitting an invoice before receiving reimbursement. . Maintains a financial accounting system for the project that identifies all expenditures of Neighborhood Enhancement Program funds and income related to the project. The City should be able at any time to take an invoice and reconcile it to the financial records. A check register system is an acceptable system as long as checks and deposits have written supporting documentation. . Commits to making a good faith effort to comply with the City's affirmative action hiring requirements for the life of the project, as identified in Section 401. . If required for the project, coordinates competitive bid process and subcontracting process. . If required, maintains a third-party liability insurance policy for the project. . The Fiscal Sponsor must provide a tax identification number for the organization or business to allow the City to send appropriate tax records to the Internal Revenue Service (IRS). The Fiscal Sponsor must report to the IRS that the award funds were received as revenues. It is assumed that all Matching Fund revenues will be offset by project expenses and will not yield any taxable revenue for the Fiscal Sponsor business or organization. . Maintains records as instructed in Section 411. . Comply with prevailing and minimum wage requirements of State law (see Section 410.) Section 310: Responsibilities of Neighborhood Organization The applicant organization is awarded the Neighborhood Enhancement Program grant and is responsible for the performance of the work and the long-term maintenance of the project. The Neighborhood Organization is responsible for: . Executing contracts with vendors, service providers to provide materials and services to accomplish the project goals. . Recruiting, supervising, and training volunteer workers to accomplish the project goals. AGREEMENT Page 8 . Maintaining the Project throughout its useful life (see Section 104.) . Providing to the Fiscal Sponsor such documentation and evidence of services rendered, and equipment purchased so as to satisfy the City's requirements for payment of funds. . Complying with prevailing and minimum wage requirements of State law. (See Section 410.) . Maintaining records, particularly as relates to match and volunteers (See Sections 303 and 301). . Making a good faith effort to comply with the City's affirmative action hiring requirements for the life of the project, as identified in Section 401. . If required for the project, coordinating competitive bid process and subcontracting process. . If required, maintaining a third-party liability insurance policy or other applicable insurance policies for the project. . The City is not the general contractor or the owner acting as general contractor. The City is not supervising any work on the site and is not controlling the method and manner of the work. ARTICLE IV: GENERAL CONDITIONS Section 400: Involvement of Former City Employees The Recipients agree to promptly inform the City of any Former City officer or employee who terminated City office or employment in the last twelve (12) months and who will be working on or subcontracting for any of the paid work under this Agreement upon becoming aware of the person's status as a former City officer or employee. The Neighborhood Organization further agrees that no paid work under this Agreement will be done by a former City officer or employee who terminated City office or employment in the last twelve (12) months and who, in the course of official City duties, was involved in, participated in or acted on any matter related to this Agreement. Section 401: Discrimination Prohibited Affording Equal Employment Opportunity under Bremerton Municipal Code Ch. 2.28, as now or hereafter amended, and under federal regulations outlined in Attachment, during the performance of this Agreement is mandatory and the Recipients agree as follows: A. The Neighborhood Organization and the Fiscal Sponsor, the "Recipients" to this Agreement, will not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, age, religion, marital status, national origin, political affiliation, and mental, sensory, or physical handicap, except where age and sex are essential bona fide occupational requirements, or where handicap is a bona fide occupational disqualification. The Recipients will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, sex, age, religion, marital status, national origin, political affiliation, and mental, sensory, or physical handicap, except where age and sex are essential bona fide occupational requirements, or where handicap is a bona fide occupational disqualification. Such action shall include, but not be limited to, the following: hiring, upgrading, training, and promotion in all position classifications. The Recipients shall commit itself to ensure every effort to enhance equal employment opportunity Any advertisement for employment by the Recipients shall include the following notice: "The (Organization) does not discriminate on the basis of race, color, national origin, sex, sexual orientation, religion, age, or disability in employment or the provisions of or contracting for goods or services. MBE/WBE firms are encouraged to participate in the procurement process." The Recipients agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Recipients will, prior to commencement and during the term of this Agreement, furnish to the Department of Community Development documentation demonstrating the EEOP policy compliance, such as copies of advertisements, copies of applications for employment, copy of organization's hiring policy, copy of organization's equal employment opportunity policy. AGREEMENT Page 9 C. If upon investigation the Department of Community Development finds probable cause to believe that the a Recipient has failed to comply with any of the terms of this section, the Department of Community Development shall give the Recipient an opportunity to be heard after 10 days' notice. If the Department of Community Development finds the Recipient non-compliant, it may suspend the Agreement and/or withhold any funds due or to become due to the Recipient pending compliance by the Recipient with the terms of this section, if the organization has any employees. D. Failure to comply with any of the terms of this section shall be a material breach of this Agreement. E. The provisions of this section shall be inserted into all subcontracts for work covered by this Agreement. F. In the provision of services under this Agreement, the Recipients shall not discriminate against individuals because of non-membership in any Recipient-sponsored organization. Section 402: Discrimination because of Certain Labor Matters No person employed on the work covered by this Agreement shall be discharged or in any way discriminated against because he/she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to the employer. Section 403: Americans with Disabilities Act Neighborhood Enhancement Program Recipients must make a good faith effort to ensure they are in compliance with the Americans With Disabilities Act of 1990 which in addition to existing federal, state, and city non-discrimination laws, extends the same civil rights protection to persons with disabilities which have already been granted on the basis of race, color, sex, sexual orientation, age, religion, marital status, national origin, political affiliation and mental, sensory or physical handicap requirements. The Neighborhood Organization shall provide the following: 1. Provide advance notification of public meetings regarding the project with the statement, lIaccommodation for persons with disabilities upon request.1I 2. Hold public meetings in accessible locations. 3. Provide alternate forms of communication if requested. 4. Make programs or services provided to the public accessible. 5. Construct barrier-free physical projects; and 6. Increase general awareness of and sensitivity to people with disabilities. Section 404: Title to Property Supplied and Creative Works A. Whenever Neighborhood Enhancement Program funds of $500.00 or more are used towards the purchase or construction of personal property, ownership of such property shall rest with the City and such property shall be considered to be on loan to the Recipients. Upon the expiration of this Agreement, Section 102B, all property purchased or constructed with Neighborhood Enhancement Program funds shall be returned to the City via the administering department for use or disposal by the City under the City's surplusing procedures. The Department may choose to have the property remain with the Recipients beyond expiration of the Agreement when the property will continue to be used by the community it was intended. B. All finished or unfinished documents and material prepared by the Neighborhood Organization with funds provided by this Agreement shall be available for inspection and copying by the City and the public. C. Unless specified otherwise in this Agreement, the following conditions apply to properties used in this project: AGREEMENT Page 10 1. Property loaned by private persons, State or Federal agencies or the City, shall be returned to the owner. 2. Property donated to the project shall become the property of the City and shall be accepted by the City for its use or disposal, unless the donor specifies that the property is donated to a private entity or person. 3. The use of City-owned or funded property shall only be used for the purposes set forth in the Agreement and the Neighborhood Organization shall be responsible for all maintenance, unless otherwise agreed. 4. The Neighborhood Organization shall be financially liable for loss, damage or disappearance of any City-owned or funded property and shall report such loss, etc., to the Department immediately. The Neighborhood Organization remains responsible for all such property until transferred to the control of the City and/or the Neighborhood Organization is relieved of responsibility, in writing, by the City. 5. The Neighborhood Organization shall provide permanent identification markings on all City- owned or funded properties acquired and shall maintain completed inventory records as required by the Department. Cost reimbursement shall be contingent upon satisfactory compliance with these requirements. 6. Any real property under the Neighborhood Organization's control, that is acquired or improved in whole or in part, per the terms of this Agreement, must continue to be used for Project purposes or other public purposes approved by the Department for such periods of time as determined by the Department. D. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Agreement. E. In consideration for the provision of Neighborhood Enhancement Program funds to any artist or author under this funding Agreement, the City may without further compensation reproduce or have access to any creative work produced by the artist or author in connection with this Project, notwithstanding the existence of any copyright or trademark designation. This provision shall be included in any aqreements with the artists or authors employed by the Neiqhborhood Orqanization. F. Any equipment purchased or reimbursed with City funds shall be the property of the City and shall be so marked. The equipment shall be made available to the Neighborhood Organization for use in the Project for the purposes under this Agreement. Should the Neighborhood Organization no longer need the equipment for the purposes provided in this Agreement or the City's participation in this project ends, the Neighborhood Organization shall return the equipment to the City's Department of Neighborhoods. The Department of Neighborhoods may at its option either use the equipment, transfer it to other departments, or dispose of the equipment according to its surplus procedures. Section 405: Disclaimer Required Any documents, in a printed, digital or video medium, prepared by the Neighborhood Organization that is or will be made available to the public, unless specifically exempted by the Director of the Department, shall contain the following disclaimer: This document has been funded in part by the Neighborhood Enhancement Program of the Bremerton Department of Community Development. The information contained herein does not necessarily reflect the policies, plans, beliefs, conclusions, ideas, etc., of the City of Bremerton. The City does not warrant the accuracy of any of the information, ideas, conclusions, information, etc., contained in this document. Section 406: Right to Review Documents Prepared for Public Use The Department has the right to review any reports given to or prepared or assembled by the Neighborhood Organization under this Agreement prior to distribution to the public and comment on it. Section 407: Citizen Participation AGREEMENT Page 11 The Neighborhood Organization will take affirmative steps to encourage widespread citizen participation in planning and carrying out the Project. Section 408: Subcontracting This Agreement is personal to each of the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the consent of the other party. In the event of any approved assignment or subcontract, the Department shall continue to hold the Neighborhood Organization responsible for proper performance of obligations under this Agreement. All provisions of this contract shall apply to all subcontracts entered into by the Neighborhood Organization. The Neighborhood Organization shall inform the Department of all subcontracts, including the process used for selecting a subcontractor. Section 409: Prevailing Wage Requirements If the funds provided under this Agreement are used to hire laborers or mechanics in a contract exceeding $2,000, the Neighborhood Organization shall be responsible for compliance with the federal prevailing wage requirements as set out in Davis Bacon and Related Acts and as described in 29 CFR parts 1 through 7. Section 410: Documentation of Costs and other Financial and Reporting Requirements A. All costs shall be supported by properly executed payrolls, time records, receipts, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and the Department shall have the right to audit the records of the Fiscal Sponsor and Neighborhood Organization as they relate to the work, upon reasonable notice. The Fiscal Sponsor shall also: 1. Maintain an effective system of internal control over and accountability for all funds and property supplied and make sure the same is used solely for authorized purposes. 2. Keep a continuing record of all disbursement by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Fiscal Sponsor's accounting records. A receipt, invoice marked "Paid," or payroll record must substantiate the line item notations. 3. Maintain payroll and financial records for a period of six (6) years after receipt of final payment under the Agreement. 4. Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City, the United States and the State Auditor, and at any time during normal business hours and as often as necessary. 5. Repay to the Department any funds in its possession at the time of the termination of this Agreement that may be due to the City. 6. Provide the Internal Revenue Service with appropriate and timely information regarding employee and/or consultant earnings. B. In the event that the United States or the State or the City shall determine that any funds were expended by the Recipients for unauthorized or ineligible purposes or constitute disallowed costs and order repayment of the same, the Recipients shall within thirty (30) days remit the same to the Department. C. Further, all financial records and fiscal control systems will be established and maintained in a manner to meet the approval of the City Comptroller and the State Auditor; records and reports submitted shall be satisfactory to meet the approval of the Director of the Department of Neighborhoods. Section 411: Future Support The Department makes no commitment of future support and assumes no obligations for future support of the activity contracted herein except as set forth in this Agreement. AGREEMENT Page 12 Section 412: Reservation of Rights Neither payment by the Department nor performance by the Neighborhood Organization or Fiscal Sponsor shall be construed as a waiver of either party's right or remedies against the other. Failure to require full and timely performance of any provision at any time shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. Section 413: Severability If any provisions of this Agreement other than those provided in Article IV are held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the contemplated project and the Department. Section 414: Quality of Performance A. The Recipients shall be responsible for the quality of services rendered and the suitability of the end product and/or service rendered and the suitability of the end product and/or service of the intended use. Its responsibilities hereunder shall not be reduced by recommendations or assistance received from the City which vary from the terms and conditions of this Agreement unless reduced to writing, signed by the responsible City officer and made addenda to or amendments of this Agreement. B. The Department shall judge the adequacy and efficiency of work performed, the sufficiency of records and the end product of services rendered. If during the course of the Agreement, the service(s) or product(s) rendered do not meet the desired results, the Neighborhood Organization or Fiscal Sponsor will correct, modify, remodel and/or repeat the process. Failure to make the necessary corrections shall be a material breach of Agreement and be cause for termination. C. All work shall be performed and services supplied in a manner to further project purposes and goals, and in compliance with guidelines for performance set by the US Government through the City, this Agreement, and general direction of the City. Section 415: Termination of Agreement for Cause A. If, through any cause, the Neighborhood Organization or Fiscal Sponsor shall fail to fulfill in timely and proper manner their obligations under this Agreement, or if they violate any of the covenants, agreements, or stipulations of this Agreement, the Department shall thereupon have the right to terminate this Agreement by giving written notice to the Recipients of such termination and specifying the effective date thereof, at least five (5) working days before the effective date of such termination. In such event, The City shall have the right to copy for its unlimited use, all finished or unfinished documents, data, studies, and reports prepared by the Recipients under this Agreement shall, at the option of the Department, become the property of the Department. B. Notwithstanding the above, the Recipients shall not be relieved of liability to the Department for damages sustained by the Department by virtue of any breach of the Agreement by the Recipients, and the Department may withhold any payments to the Recipients for the purposes of set off until such time as the exact amount of damages due to the Department from the Recipients is determined. The Recipients will remit any unexpended balance of the payments on account of this Agreement as well as such other portion of such payments previously received as determined by the Department to be due it. The action of the Department in accepting any such amount shall not constitute a waiver of any claim which the Department or City may otherwise have arising out of this Agreement. Section 416: Repayment In the event that the City terminates this agreement due to misappropriation of funds or fiscal mismanagement, the Fiscal Sponsor shall return to the City all contract funds, which at the time of AGREEMENT Page 13 termination remain in its possession, and, shall pay to the City such funds as the City determines to be due to the City on account of the misappropriation or fiscal mismanagement. Section 417: Termination for Convenience of Department The Department may terminate this Agreement any time by a notice in writing from the Department to the Recipients. If the Agreement is terminated by the Department as provided herein, the Recipients will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Recipients covered by this Agreement less payments of compensation previously made. Section 418: Termination of Agreement by the Recipients This Agreement may be terminated by the joint agreement of the Recipients upon fifteen (15) days' written notice should the Department fail substantially to perform in accordance with its terms through no fault of the Recipients. In the event of termination due to the fault of the Department, the Recipients shall be paid compensation for services performed to termination date, including all authorized expenses then due, including expenses directly attributable to the uncompleted portion of the services covered by this Agreement. Section 419: Changes Either party may request changes in the scope of services, performance, or reporting standards to be performed or provided under this Agreement. Such changes, including any increase or decrease in the amount awarded to the project and extensions of term of this Agreement, which are mutually agreed upon by and between the Recipients, and the Department, shall be incorporated in written amendments to this Agreement. (See Section 204 regarding budget revisions.) Section 420: Integrated Document This Agreement embodies the agreement, terms and conditions between the Department of Neighborhoods, and the Recipients. No verbal agreements or conversation with any officer, agent or employee of the Department prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon either party. IN WITNESS WHEREOF, THE DEPARTMENT, THE NEIGHBORHOOD ORGANIZATION, AND THE FISCAL SPONSOR HAVE EXECUTED THIS AGREEMENT. Neighborhood Representative Name Neighborhood Rep Title Neighborhood Organization Name Date Fiscal Sponsor Name Fiscal Sponsor Date City D.C.D. Representative City of Bremerton Date AGREEMENT Page 14 Department of Community Development r:\community development\deptdata\block grant programs\mayor's initiatives\neighborhood grants\bremerton program templates\nep agreement.doc Updated 2/21/07 ATTACHMENT 1 PROJECT REQUIREMENTS-FORMS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Agencies providing direct benefit services shall provide such services to benefit very low and low income persons to the maximum extent feasible (but not less than 51 %). Individual persons or families provided a specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD. Any deviation can be made only f it is clear that the service or benefit, to a person who income exceeds very low and low income persons, is otherwise necessary as an integral part of the activity. The Agency shall maintain records that clearly document the income range and households size of the persons it serves. Furthermore, the Agency shall maintain records documenting if the person being served is a female head of household, is handicapped, and/or is an ethnic/racial minority. SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (A) Agencies which are governmental entities (including public agencies), shall comply with the requirements and standards of OMS Circular No. A-87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" OMS Circular A-133, "Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85.3, "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85.12, Special grant or subgrant conditions for "high-risks' grantees"; (4) Section 85.20, "Standards for financial management system," except paragraph (a); (5) Section 85.21, "Payment", except as modified by part 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; (8) Section 85.32, "Equipment", except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, "Supplies"; (10) Section 85.34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement", except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program performance ", except paragraphs (b) through (d) and (f); (15) Section 85.41, "Financial reporting ", except paragraphs (a), (b), and (e) ; (16) Section 85.42, "Retention and access requirements for records", except that the period shall be four (4) years; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustment"; and (20) Section 85.52, "Collection of amounts due". (B) Agencies, except Agencies which .are governmental entities, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No. A-21, "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45). Audits shall be conducted annually. Such agencies shall also comply with the following provisions of the Uniform Administrative requirements of OMB Circular No. A-11 0 (implemented at 24 CFR part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non-Profit Organizations") or the related CDBG provision, as specified below: (1) Subpart A, - "General"; (2) Subpart B, - "Pre-Award Requirements," except for S 84.12, "Forms for Applying for Federal Assistance"; (3) Subpart C-"Post-Award Requirements," except for: (i) Section 84.22, "Payment Requirements," Grantees shall follow the standards of SS85.20(b)(7) and 85.21 in making payments to subrecipients; (ii) Section 84.23, "cost sharing and Matching": (iii) Section 84.24,"Program Income." In lieu of S84.24, CDBG subrecipients shall follow S570.504; (iv) Section 84.25, "Revision of Budget and Program Plans": (v) Section 84.32, "Real Property." In lieu of S84.32, CDBG subrecipients shall follow 9570.505; (vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of 984.34(g), the following applies: (A) In all cases in which equipment is sold, the proceeds shall be program income (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and (B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; . (vii) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and reporting Program Performance"; (viii) Section 84.52, "Financial Reporting"; (ix) Section 84.53(b), "Retention and access requirements for records." Section 84.53(b) applies with the following exceptions: (A) The retention period referenced in S84.53(b) pertaining to individual CDBG activities shall be four years; and (B) The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (x) Section 84.61, "Termination." In lieu of the provisions of {:/84.61, COBG subrecipients shall comply with {:/570.503(b)(7); and (xi) Subpart 0 - "After-the Award Requirements," except for {:/84.71, "Close-out Procedures." SECTION 3. SEPARATION OF CHURCH AND STATE In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of services utilizing COBG funds the Agency agrees that, in connection with such services: (A) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (B) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services; (0) The portion of a facility used to provide services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations while it is being used to provide COBG funded services. SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. The Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. Specifically, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance: (A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (B) The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (C) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (D) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (E) The Contractor will include the provisions of this Section (Article III (4)) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. SECTION 5. LOCAL EMPLOYMENT AND PURCHASING Funding under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u. the Agency agrees to comply with provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued there under. The Agency agrees that they are under no contractual or other disability which would prevent them from complying with these requirements. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in, the area of the project. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance and community development assistance that is used for the following projects: 1. Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding routine maintenance repair and replacement); 2. Housing construction; and 3. other public construction. SECTION 6. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or its designees or agents, no member 01 the governing body 01 the locality in which the program is situated, and no other public oHicial of such locality or localities who exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereot. The Agency shall take appropriate steps to assure compliance including incorporation of the following provision in every Subcontract: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City 01 Bremerton COBG Program will obtain a personal or financial interest from the COBS assisted activity. The Contractor 1urther covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder. The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency and the City. SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all instances must receive prior written approval from the City. SECTION 8. DAVIS BACON AND RELATED ACTS The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. SECTION 9. LEAD BASED PAINT The Agency shall comply with HUD Lead-Based Regulations (24 CFR Part 35 et al) issued in the Federal Register, September 15, 1999 which require elimination, as far as practical, of immediate hazards, due to the presence of paint in residential structures which may contain lead to which children under seven years of age may be exposed. SECTION 10. DISCRIMINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, or age: (1) Denya qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement; (4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this agreement; (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement; (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement. (B) The Agency shall abide by all applicable provisions ot Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent. (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding up on each contractor or subcontractor. The Agency shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance. SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 1 01-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 tor residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, tor general type buildings). The Americans with Disabilities Act ("ADA") (42 USC 12131; 47 USC 155,210,218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing tacilities, where such removal is readily achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense. SECTION 12. OTHER PROGRAM REQUIREMENTS The Agency shall carry out each activity in compliance with all Federal laws and regulations described in Subpart K ot 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that: (A) The Agency does not assume the City's environmental responsibilities described in Section 570.604; and (B) The Agency does not assume the City's responsibility tor initiating the review process under Executive Order 12372. Neighborhood Enhancement Program 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Telephone: 360-473-5211 Fax: 360-473-5278 Neighborhood Enhancement Program Application Project Name: Location: Brief Description of Project: Orqanizationallnformation Describe your Neighborhood Group: How did your group form? When? Primary Contact Name: Phone (day): Address: E-mail Phone (eve): Complete the following, if applicable: Organization Name: How is your group organized? (circle one) 501 (c)(3) 501 (c)(4) other non-profit other (explain) E-mail Phone (eve): Organization Chair/Pres: Phone (day): Address: Fiscal Agent: Each awardee must designate a specific individual or outside consultant to act as Fiscal Agent (FA) for the term of the award, under contract provisions with the City of Bremerton Who is the group's designated Fiscal Agent: Fiscal Agent's Company: Title: Fiscal Agent's EIN: E-mail: Day phone: Eve phone: Is the Fiscal Agent a Dmember of the neighborhood group, or 0 outside consultant? Will the Fiscal Agent Ddonate agent services, or 0 receive consultant fees? Project Information (please use additional paper if necessary) 1. What is the opportunity or problem addressed by this project? 2. How will the project benefit the neighborhood and its residents? 3. How will neighborhood residents and/or organization members be involved in implementing this project? 3. Who / What agency owns the site you've selected for this project? Have you contacted the property owner? 4. How many people will be involved in the planning, funding, and implementation of this project? Describe 5. Besides neighborhood members, what other ,individuals or organizations does the project plan to partner with? 6. Will this project require maintenance once it is completed? If yes, briefly describe your maintenance plan. 7. Workplan: List in chronological order the major, but specific, steps or key activities you will perform to complete your project. Please include an estimated timeline. Task I Goal Estimated Completion 8. Proposed budget: Outline your anticipated costs and funding sources. A match of services, labor, and/or other funds is required. Item Anticipated Cost Funding source(s) Total 9. Anticipated Match Contribution I Volunteer Commitment Form. Project Print Name Address Phone Cash Volunteer Number Date( s} Signature Donation labor (tvpe) of Hours Available Total Total Applicant Signature: 10. Support from Adjacent Property Owners: This program strongly recommends the formal consent of adjacent property owners (any resident whose property is within 100 feet of the proposed project). Signatures below are intended to demonstrate adjacent property owners' acceptance of the proposal and to acknowledge your initial dialogue with them about the project. Print name and address Phone number Signature 11. Sketch of Project (use additional sheets if necessary). Voucher Reimbursement Request Neighborhood Enhancement Program Attachment 1-1a To: City of Bremerton Community Development Neighborhood Enhancement Program Project: Sheldon Boulevard Lavenderscape Neighborhood Association: Evergreen Neighborhood Association Attn: Marie Vila 345 6th Street, Suite 600 Bremerton, W A 98337 Contract No. Fiscal Sponsor: Augustus Kaffe Haus Attention: Joe Cook 123 McKenzie Bremerton, W A 98337 Phone: 360-555-1212 Contract Term: For expenses incurred between dates and This invoice includes a budget revision 0 yes if yes, enter date approved: o no Check if this is a final reimbursement request. 0 Cost Categories A. Budget Award B. Revised Budget (with approval) C. Current Expenditure D. Previous Life E. Cumulative to-Date (copy"E" to Date from last voucher) (C + D) F. Award Balance (A- E) Supplies and Materials: Irrigation System Garden Bed Framing Materials Soil Gravel and Sand Tools Equipment Rental Fencing Plants and Landscape Materials Subtotal 1 li.!Il!~~; .1r~i::<<~l."tlt~ll(f~~t:lll~Q 1I~~~ik1i1 $210.00 $110.00 $100.00 $0.00 $1,500.00 $1,000.00 $500.00 $750.00 $750.00 $200.00 $185.90 $14.10 $300.00 $300.00 $125.00 $125.00 $0.00 $150.00 $150.00 $600.00 $600.00 2 Services Tree, stump and sod removal Rototilling Subtotal 2 3 Planning, Design, Admin (10% cap) Fiscal Sponsor Fee Subtotal 3 $0.00 Grand Total $4,985.00 $1,225.00 $1,520.90 $3,464.10 $295.90 HAVE BEEN INCURRED I HEREBY CERTIFY THAT THIS INVOICE AMOUNT HAS BEEN INCURRED AND IS THE ACCURATE COST OF SERVICES RENDERED: AUTHORIZED SIGNATURE (AS SET FORTH IN THE AGREEMENT) TITLE DATE DETAIL OF INVOICED AMOUNT Neighborhood Enhancement Program Attachment 1-1b Name of Project: Neighborhood Organization: Fiscal Sponsor: Project #: Date: Invoice #: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus S06002 1/15/2007 2007-01 # Item s1j"'''''''ii~~~dfriil~t~ """,Pll, ""."",, , "'''''<N'' "'",vl #1 T-Tape Drip line #2 Pea Gravel #3 Sand, construction grade Feet 128.00 $0.86 $110.08 Yard 10.00 $10.59 $105.90 Yard 5.00 $16.00 $80.00 $295.98 Subtotal 1 Subtotal 2 gr~QO!~ID!Ql~!g~Mi~.m~~~fQ~'?~i$ Subtotal 3 $0.00 $0.00 $295.98 Grand Total Attach copies of all documentation. Number each piece of documentation and note each # in column indicated. MATCH BUDGET EXPENDITURE SUMMARY Neighborhood Enhancement Program Attachment 1-1c Name of Project: Neighborhood Organization: Fiscal Sponsor: Project #: Date: Invoice #: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus S06002 1/15/2007 2007 -01 Match Categories A. Budget B. Revised Budget (with approval) C. Current Expenditure D. Previous Life E. Cumulative to-Date (copy "E" to Date from last voucher) (C + D) F. Balance (A- E) ~.{i~I~lIf,.~L'EfltJfill'I~~~jlfjl~llii'{f.Aif~l~ Raised bed construction work parties $1,080.00 $480.00 $1,440.00 $480.00 $3,480.00 $240.00 $120.00 $240.00 $840.00 $120.00 $360.00 $0.00 $1,440.00 $0.00 $480.00 $0.00 $360.00 $3,120.00 Steering Committee Fundraising Project Management Subtotal 1 $0.00 $360.00 Landscape Designer $700.00 $250.00 $250.00 $450.00 Grading $1,000.00 $0.00 $1,000.00 Subtotal 2 $1,700.00 $0.00 $250.00 $0.00 $250.00 $1,450.00 Grand Total $5,180.00 $0.00 $610.00 $0.00 $610.00 $4,570.00 I HEREBY CERTIFY THAT THIS MATCH DONATION HAS BEEN FULFILLED AS DESCRIBED AND IS THE ACCURATE ASSESSEMENT OF SERVICES RENDERED: AUTHORIZED SIGNATURE (AS SET FORTH IN THE AGREEMENT) TITLE DATE DETAIL OF MATCH EXPENDED Neighborhood Enhancement Program Attachment 1-1d Name of Project: Neighborhood Organization: Fiscal Sponsor: Project #: Date: Invoice #: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus S06002 1/15/2007 2007-01 hours Subtotal 1 ,$~f,~(q, . Landscape Designer 30.00 $360.00 Subtotal 2 $0.00 1.00 ~~ppj'!~~lM~1~~~t~~~jt~!t~~tl~i~~~~~1l~f~~~~!~~4~;~im~~1j.r~~';. n/a $0.00 Grand Total $0.00 $611.00 Subtotal 3 0.00 Attach copies of all documentation. Number each piece of documentation and note each # in column indicated. CONTRACT PAYMENT AUTHORIZATION FORM Attachment 1-2 If this is a change in existing information, please check the reason(s) bel.ow: D Name D Address D Signature Authority D Other Project #: Project Name: Sheldon Boulevard Lavenderscape Neighborhood Organization: Evergreen Neighborhood Association Fiscal Sponsor Organization: Contact Person: Street Address City, State, Zip: Augustus Kaffe Haus Pat Fulano 123 McKenzie Bremerton, W A 98337 1. 2. 3. I hereby certify under penalty of perjury, under the laws of the State of Washington that those officers named above are duly authorized on behalf of the Neighborhood Organization to submit and verify requests for payment and all related materials under the above contract, and that the foregoing information is true and correct to the best of my knowledge and information. Signature of Chair of Neighborhood Organization Date Return Original Authorization Form to: Department of Community Development Attn: Marie Vila 345 6th Street, Suite 600 Bremerton, W A 98337 360-473-5375 Rev. 02/2007 NEIGHBORHOOD MATCHING FUND PROGRESS REPORT ATTACHMENT 1-3 Name of Project: Neighborhood Organization: Fiscal Sponsor: Address: Phone: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Augustus Kaffe Haus 123 McKenzie Bremerton; W A 98337 360-555-1212 Project #: Invoice # Date: S06002 2007-01 January 15, 2007 Reporting period from: to Date of report: Project Tasks (per section 101 of contract) Please respond in narrative form to each milestone as listed in the agreement. Information such as names of key people, dates that tasks were accomplished, problems that were encountered and success gained is important information. Explain any delays and give new estimated dates of completion. Steps Required 1 Steering committee meetings Response: Estimated Dates Ongoing Steps Required 2 Coordination with Public Works, Parks and DCD Response: Estimated Dates Ongoing Steps Required 3 Construction documents completion Response: Estimated Dates April/May, 2003 Steps Required 4 Work party to clear planting areas Response: Estimated Dates March, 2003 Steps Required 5 Site prep: sod removal, grading, contour site Response: Estimated Dates April, 2003 Steps Required 6 Design work Response: Estimated Dates February-April, 2003 Steps Required 7 Irrigation system installation Response: Estimated Dates May, 2003 Steps Required 8 Garden bed framing and soil amendments spreading Response: Estimated Dates May, 2003 Steps Required 9 Planting and landscaping Response: Estimated Dates May/June, 2003 NEIGHBORHOOD ENHANCEMENT PROGRAM FINAL REPORT Attachment 1-4 Project name: Neighborhood organization: Sheldon Boulevard Lavenderscape Evergreen Neighborhood Association Project #: S06002 Agreement Amount: $5,000 Reporting period from: to Date of report: Report submitted by: In an effort to learn more from the experience of neighborhood projects like yours and be able to share information with groups considering similar projects, we ask that you take some time to respond to the following questions. Your final report will be available to the public, so please be concise yet thorough, type your report if possible, and try not to exceed two pages in length. 1. Brief description of proiect: In your own words, tell us about this project and key accomplishments. 2. It has been at least a few months, maybe a year or more, since your group began this project. Please look back and tell us what. you have learned, reflect on what you intended to accomplish and what you were realistically able to accomplish. 3. How did the project exceed your expectations, and in what ways were you disappointed? 4. Neighborhood people contributed many hours of volunteer labor to this project. Make your best estimate of the number of people involved in the project from beginning to end, e.g., steering committee members, work party participants, people who wrote thank you notes, provided snacks/refreshments, did fund raising, etc. 5. What advice would you give to someone just starting a project like the one you have just finished? 6. In what ways was the Department of Community Development staff helpful and how could they have been more helpful in seeing the project to completion? 7. Feel free to add additional information about the project. A picture speaks a thousand words. Please provide photos! We would like a record of your finished product, if appropriate, and of any work parties, meetings, celebrations, etc. PLEASE ATTACH YOUR REPORT TO THIS COVER SHEET AND SUBMIT WITH FINAL INVOICE. THANK yOU. Rev 02/2007 Neighborhood Matching Fund - Volunteer Match Generated Attachment 1-5 Name of Project: Sheldon Boulevard Lavenderscape Project #: S06002 Type of Work Date Name - Volunteer Signature - Volunteer Address Phone Hours Worked - Total Hours x $15/hour = $ Match Generated Total Hours Rev. 02/2007 ATTACHMENT 2 FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Agencies providing direct benefit services shall provide such services to benefit very low and low income persons to the maximum extent feasible (but not less than 51 %). Individual persons or families provided a specific direct benefit or service must qualify under Federal Section 8 income limits as established by HUD. Any deviation can be made only f it is clear that the service or benefit, to a person who income exceeds very low and low income persons, is otherwise necessary as an integral part of the activity. The Agency shall maintain records that clearly document the income range and households size of the persons it serves. Furthermore, the Agency shall maintain records documenting if the person being served is a female head of household, is handicapped, and/or is an ethnic/racial minority. SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (A) Agencies which are governmental entities (including public agencies), shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" OMB Circular A-133, "Audits of State and Local Governments" (implemented at 24 CFR Part 84) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85.3, "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85.12, Special grant or subgrant conditions for "high-risks' grantees"; (4) Section 85.20, "Standards for financial management system," except paragraph (a); (5) Section 85.21, "Payment", except as modified by part 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; (8) Section 85.32, "Equipment", except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, "Supplies"; (10) Section 85.34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement", except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program pertormance ", except paragraphs (b) through (d) and (f); (15) Section 85.41, "Financial reporting ", except paragraphs (a), (b), and (e) ; (16) Section 85.42, "Retention and access requirements for records", except that the period shall be four (4) years; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustment"; and (20) Section 85.52, "Collection of amounts due". (B) Agencies, except Agencies which are governmental entities, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost , Principles for Non-Profit Organizations" or OMB Circular No. A-21 , "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45). Audits shall be conducted annually. Such agencies shall also comply with the following provisions of the Uniform Administrative requirements of OMB Circular No. A-110 (implemented at 24 CFR part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non- Profit Organizations") or the related CDBG provision, as specified below: (1) Subpart A, - "General"; (2) Subpart B, - "Pre-Award Requirements," except for S 84.12, "Forms for Applying for Federal Assistance"; (3) Subpart C-"Post-Award Requirements," except for: (i) Section 84.22, "Payment Requirements," Grantees shall follow the standards of SS85.20(b)(7) and 85.21 in making payments to subrecipients; (ii) Section 84.23, "cost sharing and Matching": (iii) Section 84.24, "Program Income." In lieu of 884.24, CDBG subrecipients shall follow 8570.504; (iv) Section 84.25, "Revision of Budget and Program Plans": (v) Section 84.32, "Real Property." In lieu of 884.32, CDBG sub recipients shall follow 8570.505; (vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of 884.34(g), the following applies: (A) In all cases in which equipment is sold, the proceeds shall be program income (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and (B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (vii) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and reporting Program Performance"; (viii) Section 84.52, "Financial Reporting"; (ix) Section 84.53(b), "Retention and access requirements for records." Section 84.53(b) applies with the following exceptions: (A) The retention period referenced in 884.53(b) pertaining to individual CDBG activities shall be four years; and (B) The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (x) Section 84.61, "Termination." In lieu of the provisions of 884.61, CDBG subrecipients shall comply with 8570.503(b)(7); and (xi) Subpart D - "After-the Award Requirements," except for 884.71, "Close-out Procedures." SECTION 3. SEPARATION OF CHURCH AND STATE In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of services utilizing CDBG funds the Agency agrees that, in connection with such services: (A) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (B) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (C) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services; (D) The portion of a facility used to provide services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations while it is being used to provide CDBG funded services. SECTION 4. NON-DISCRIMINATION IN EMPLOYMENT AND PURCHASING The Agency shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. The Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. . Specifically, the Agency shall ensure that provisions as follows are included in all construction contracts awarded in excess of $10,000 and monitor compliance: (A) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (B) The Contractor will send to each labor union or representative of workers with which he had a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union of workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (C) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (D) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (E) The Contractor will include the provisions of this Section (Article III (4)) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. SECTION 5. LOCAL EMPLOYMENT AND PURCHASING Funding under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u. the Agency agrees to comply with provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued there under. The Agency agrees that they are under no contractual or other disability which would prevent them from complying with these requirements. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in, the area of the project. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing q.ssistance and community development assistance that is used for the following projects: 1. Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding routine maintenance repair and replacement); 2. Housing construction; and 3. other public construction. SECTION 6. CONFLICT OF INTEREST No member, officer, or employee of the Agency, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof. The Agency shall take appropriate steps to assure compliance including incorporation of the following provision in every Subcontract: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City of Bremerton CDBG Program will obtain a personal or financial interest from the CDBG assisted activity. The Contractor further covenants that he/she presently has no interest in, nor shall he/she acquire any interest, direct or indirect, either for themselves or those with whom they have business, or family, which would conflict in any manner or degree with the performance of his/her services hereunder. The contractor further covenants that in the performance of this Agreement any potential conflict, on the part of the Contractor or his/her employees, will be disclosed to the Agency and the City. SECTION 7. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged and in all instances must receive prior written approval from the City. SECTION 8. DAVIS BACON AND RELATED ACTS The Agency shall comply with the requirements of the Davis-Bacon and Related Acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. SECTION 9. LEAD BASED PAINT The Agency shall comply with HUD Lead-Based Regulations (24 CFR Part 35 et al) issued in the Federal Register, September 15, 1999 which require elimination, as far as practical, of immediate hazards, due to the presence of paint in residential structures which may contain lead to which children under seven years of age may be exposed. SECTION 10. DISCRIMINATION PROHIBITED (A) The Agency shall not, on the grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, or age: (1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement; (4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this agreement; (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement; (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement. (8) The Agency shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) . prohibiting discrim ination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent. (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding up on each contractor or subcontractor. The Agency shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance. SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Agency shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 1 01-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall com ply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act ("ADA") (42 USC 12131; 47 USC 155, 210, 218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense. SECTION 12.0THER PROGRAM REQUIREMENTS The Agency shall carry out each activity in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that: (A) The Agency does not assume the City's environmental responsibilities described in Section 570.604; and (B) The Agency does not assume the City's responsibility for initiating the review process under Executive Order 12372. DATE SUBMITTED: 2/21/2007 BILL# 07- OSd- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~C- ........................................................................................ SUBJECT: Resolution No. 3o~(Q ratifying the Kitsap Countywide Planning Policies as approved by the Kitsap Regional Coordinating Council Committee Meeting Date: 2/28/2007 COUNCIL MEETING Date: 3/7/2007 Department: DCD Presenter: Andrea Spencer Phone: 360.473.5283 SUMMARY: The Kitsap Countywide Planning Policies (CPP's) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act. The CPP's were originally adopted and ratified by all Kitsap County local governments in 1992 and have subsequently been amended in 2000, 2001, 2003, and 2004. The proposed 2007 amendments address such items as reasonable measures and the creation of land utilization and monitoring program. These amendments were unanimously recommended by the KRCC Board on December 5, 2006 and adopted by the Kitsap Board of County Commissioners on February 12,2007. City Council ratification of the amendments is requested to be compliant with the procedures outlined in the CPP's. ATTACHMENTS: 1. Proposed Resolution No. 3oJio with Exhibit A - Countywide Planning Policies 2. Extract summary of the proposed amendments to the CPP's FISCAL IMPACTS (Include Budgeted Amount): No anticipated negative impacts. APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ COMMITTEE CHAIR: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Move to pass Resolution No. 3026 rejecting the amendn1ents to the Kitsap Countywide Planning Policies hereby denying ratification. :~~;~;" RESOLUTION NO. 3026 A RESOLUTION of the City Council of the City of Bremerton, Washington, rejecting amendments to the Kitsap Countywide Planning Policies and denying ratification. WHEREAS, the Growth Management Act (GMA) encourages development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner; and WHEREAS, the GMA sets forth that cities are the units of local government most appropriate to provide urban governmental services; and WHEREAS, Countywide Planning Policies (CPPs) are written policy statements used solely for establishing a countywide framework under the GMA from which County and City comprehensive plans are developed and adopted to ensure that City and County comprehensive plans are consistent; and WHEREAS, the Kitsap Regional Coordinating Council (KRCC) originally adopted CPPs in 19tJ to coordinate countywide planning among local jurisdictions; and l ~ 'f'- WHEREAS, the City of Bremerton has been preparing comprehensive plans .~".:J, ~ consistent with the CPPs; and WHEREAS, the City of Bremerton adopted a major update to its comprehensive plan on December 1, 2004; and WHEREAS, Kitsap County appealed the City's update to the Growth Management Hearing Board on the issue of the City's eventual growth interests; and WHEREAS, on May 5,2005 the City of Bremerton settled the appeal by entering into a settlement agreement with Kitsap County wherein the County agreed to cooperate with the City to associate Urban Growth Areas (UGAs) to the City of Bremerton; and 1t,.\s WHEREAS, Kitsap County completed its 1 O-year major update to its Comprehensive Plan in December 2006 and did not address the association of all of the UGAs that are adjacent to Bremerton; and WHEREAS, during its update, Kitsap County considerably expanded UGAs within the County, and in one jurisdiction concurrently associated the expanded UGA to the jurisdiction; and WHEREAS, Kitsap County's association ofUGAs to the other jurisdictions within the county is inconsistent; and 1 Rejection of Countywide Planning Policy Amendments WHEREAS, the City of Bremerton is the only jurisdiction within Kitsap County that has unassociated, adjacent UGAs; and WHEREAS, it is necessary and appropriate to update and revise CPPs periodically to assist the coordination oflocal planning to keep current with changing conditions and expectations; and WHEREAS, the KRCC Policy Board concluded the 2006 CPP update process, providing recommended amendments and additions to the current CPPs to the Kitsap County Board of Commissioners on December 5, 2006; and WHEREAS, on February 12,2007, the Kitsap County Board of Commissioners adopted the KRCC Board's recommendations; and WHEREAS, under the amendment procedures incorporated in the CPPs, revisions to the CPPs adopted by the Board of County Commissioners on February 12,2007, do not take effect until ratified pursuant to the CPPs; and WHEREAS, the City of Bremerton considers that the CPPs as amended and adopted by the Board of County Commissioners on February 12, 2007, do not benefit the planning, development and growth interests of the City pursuant to the GMA; and WHEREAS, Kitsap County has failed to uphold their responsibility of the Settlement Agreement to associate UGAs; and WHEREAS, Kitsap County has adopted amendmen~s to the CPPs, specifically Element B(4)(a), that further erode the principles of the GMA that urban growth areas shall either annex to a city or incorporate within the 20-year planning horizon; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The amendments to the Kitsap Countywide Planning Policies approved by the Kitsap County Board of Commissioners on February 12,2007, as set forth in Exhibit A, attached hereto, are hereby rejected by the City of Bremerton, denying ratification of the CPPs. SECTION 2. City of Bremerton staff is directed to prepare a letter for signature by the Council President that will be sent to the KRCC Board pursuant to the CPPs, setting forth the findings established by this resolution, providing a written statement of the City's objections. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invaUd, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 2 Rejection of Countywide Planning Policy Amendments 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_ ,2007. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\LegaI\Legal\Resolutions\Community Development\2007 Countywide Planning Policies RejectionFinaI.doc 3 Rejection of Countywide Planning Policy Amendments Adopted Kihmp Cmmtywide P\h:mning Po!icyi~!i Novemll{~r 22, 2004 Attached is (lJ'e the Kitsap Countywide Planning Policyiec'i. as adopted by the Kitsap County Board of Commissiom;rs by ordinance on November 22, 2004 (Ordinance 327.-2004). The Countywide Planning Polieyif:?'~ as revised -i-s ({[f}. currently in effed in K itsap Counly. As-<-tFcf\4arel1-B.,;Y'}G5,-t:he..,re-Vfflie-lrs-ernloedded-in-this-doeUHlenl-hav0:-beOO-Hl'lt#ea hy-4he-Gitiee-of-Baiiwri4ge--lsl-arwl-;.-Perl--Ovt',-mtffi,-lle-H:l:s-Bo-,-ane-%rem0:Fl0fu--.1fH:lY tH'e-bef.e:Ft.,...tht,'-?ftlql:l-amish"aH&-t1re..:P-ert-(faH-rWe,g.?.J(~1a.J.iaH~Pfi-13ttl-Gt}Hfleiltrref ffitificatioll-:- . The Kitsap Countywide Planning Po1icyie~ is m:r:. the frmnework fiJr growth management in Kitsap County. Under the Growth Management Aet, the Puget Sound Region is defined as King, l(itsap, Snohomish and Pierce Counties. The Puget Sound Regional Council is responsible for dcvdoping the fClllr-eounty regional transportation and land use vision. The Kitsap Counlywide Planning Policyie,? tailors the Puget Sound Regional Couneil's regional growth management guidclJncs to Kitsap County and are the policy framework 1<.11' the County's and the Cities' comprehensive plans. The Kitsap Countywide Planning Policies address 15 separate elements, ranging from urban growth areas to aff()1'(lable honsing. The Countywide Planning PolicYif~: 1-5 [Jr.? required by the Growth ~Aanagement Ad and may be appealed (only) by Cities and the Governor of Washington. The original Kilsap Countywide Planning Policyi.?J: (adopted by Kitsap County in 1992) and subsequent revisions (August 200 I, December 2003, November 2004) were developed through a multi.jurisdietional eoJlaboration sponsored by K:-:J1C_C the Kit.'jy;ip Rgg(Qnalf~'ool'diJ1gj.j!Jll_(;Qun(;jl among: Kitsap County, the Cities of Hremerton, Bainbridge lslamf, Port Orchard & Poulsbo, the Suquamish & Port Gamble S'Klallam Tribes, (he Navy. the Port of Bremertoll, and Kitsap Transit. Kitsap County is lead agency f()1' its environmental review. Adopted hy KUsap County Ordinance 327"20rM November 22, 2004 EXHIBIT A \ CONTli:NTS Page INTRODUCTI()N....,.,.............,......."................"......................................,..,... 3 POLICY ELEMENTS 1\. (~ountywide CiTO\vth Pattern ((~W). .................................. .. '".., ,......"..,....... 5 B. {Jrban Growth Areas (UGA).................................,............,...,.................. 7 C. Centers of Grc)'wth (C).. . . . .. .. . . . . .. . .. . . .. .. . . .. . , . .. .. . . .. . .. .. . .. .. .. .. .. . .'. . . .. .. .. . . .. . ....13 D. Rural Land Uses and Development Patlerns (R) .......................................... ..15 E. Countywide Strategies for Open Space Preservation, Resource Protection And Critical Areas (PPCA)........,..............,.......... ............,................,.....] '7 F. Contiguous and Orderly D(wclopmenl (COO)........ ,............ ...............'....... ....19 G, Siting Public Capital Facilities or a Countywi.de or Statewjde Nature (CF)............ ..20 H. Transportation (T)....,.... .........,..................,... .........................,..,....,.. ....22 L AtTordabk Housing (All) .....,...,......,.... ...."..................,..,................... ....28 .r. Countywide Economic Development (ED) . .. . ........... ... .....' . ..... . ... .. .... ,. ....., ...31 K, An Analysis of the Fiscal Impact (FT)." ... , . ....,. .,.... ....". .. .. .. ... . .... .. .. .,.... .......33 L. Coordination with Tribal Governments (Cr)." .., ... ...... ...... ... .....,... ....... ..,., ..,.34 M. Coordination with Federal Government including Navy (C1')............,...............,,35 N, Roles & Responsibilities O{R)...,........ ..........,...................,.,................. ....37 APPENDIX A. Ratification Process a B. Population Distribution b C. Urban Growth Area Managemtmt Agreements c D. Revenue Sharing lnterlocal Agreement (adopted December, 2001) d F Interloeal Agl'eement Establishing the Kitsap Regional Coordinating Council e 2 Adopted hy Kitsop Coun~y Ordinance 327-2004 November 22, 2004 EXHIBIT A 1- INTRonucnON The Growth Management Act (OMA) is J(mnded on the principle that it is in the best interest of the citizens of the State to fbster coordination and eooperaLion among units oflocal and stale government. Cities and counties must engage in a collaborative planning proeess lmeler the requirements of the Act. Spcciflcally, the Act states that, "TIlE U~G1,')'I,;1'f'1jlU', "'NflS '/'J IiI/" (!N( ;O()/WINiI'lJW ANn IIN!'IANNU) (j'ROWTlI... 1'0."'1':/1 'f'IIREA7''f'O nll~ I';NVINONMI;;N/; SUS"l/fINIWU~ 1,;('ONOIvfW nEVEUWJ'vf/';N/; ANn nil<: /lEAfJff, S'AFI.;TY, AND HlGlI 01 Ii/UTi' or,' UFf!: HNJOYRlJ nv 1<"'~"'fl)",Nn' 01,' nmS7'A'fF IT IS I,^-' T!II<: 1'{}W.lC INTRR1~ST'f'HAT('n'fZI;;N,); COlvfMI/NITfI:;')~ fDCAf, GOVI;;RNivWN'l:\ AN!) 7'1 fF 1'l?IVAn' ,W;O'()!I ('()()f'/;;fVIT/~' ANn ('OOfWINATf,; WITH ON/;; ANO'f'llf,'R fN ('()Mf'N1~fll\'NSJVH fj/N/l I),'-,'fi.' PfANNfN(i. rr The Growth Management Act (RCW 36. 70/1.2 I 0) states tklt "II ('()I/NI"l'IVfm; l'fANNfN(; I'OUCV !.',' A WRf'fTh:N POlK'YS7/1TEM/;;NT OR S7ilJ'FMEN7:<; I J.':>Ff.) ,')'OU;;U FON FSI';I/JUSI lING A (.'OIIN'f'l'WW/'; f,'/(,1M/':WONK FROM WHfCfI COUNTY AND Cfn COA1PRRfmNSfVF 1'fJ/f'.!.,) ARE mY/sLOf'fm ANI) ;/[)()PTFlJ ... (TO) IINSIINF THAT CfTI' AND COUNT), COMPlU,'UFNSfVF PfANS' ARI, CONSf,';Tm-JT... " as required in RCW 36: 70A. J 00. "NOTf/JNG IN THIS DOCUMENTSlfAU 1m (.'ONsnWfiD TO AU'rJ? '/'fIR IAN/) USE POWFR.'> OF (''fT!I,S. ". The Act r(;~quires that tl1e countywide policy be collaborativcly developed among Cities and the County, Further, "FlI!JFRAI. i!(}f;;NCfF.S llNO INWAN TRffil'S MA I' PAN7'f( '1l','!'!'F IN IINI) ('OOI'J.:NilTJ<: IVITI / Tim ('(){JNrYW/!)!i 1'J...1NN/NC; f'O{JCI'../!)()I''l'lON I'IWCI,:":"'." 'fhcse policies may also bc used for other purposes requiring collaboration and cooperation in addition to the development and adoption or comprehensive plans. The 1992 Kitsap Countywide Planning PolicY.ifS and subsequent revisions in 200 I and 2003 were developed by a cornmittee of planners representing Kitsap County, the City of I3remcrton, the City of Port Orchard, the City of Poulsbo, the City of Bainhridge {Sland, the Port Gamble S'Klallam Tribe, the Suquamish Tribe, the Navy, and Kitsap Transil. At each point, tlK; Kitsap Regional Coordinating Council Gondueted a public: healing and prepared a recomrnendation f(Jr adoption by the Kitsap County Board of Corrunissioners and ratiiieation by Cities and Tribes. The process ()f review and diseussiol1 through the KR-Gf?J0fS!11LRczJ{)]!gLf:QQ_njj]J!1t.trU:'..Dnt[1{~iU()J'uru is intended to f(X1ter consensus whenever pos;.riblc, County and City Comprehensive Plans must he consistent with the adopted Countywide Planning Policyf.?~. .r..~~lic~.s for IJill~.!t..and Ratifi.catioll.illBl: J. The Kitsap Countywide Planning POJiCyj.!:j2 should he dyuamic and regularly monitored for applicability and ellectiveness, a. The adopted COll1llywide Planning PoJicyir:s should be reviewed through the I~f'A::~Ait.s..(!l1 lWQl..?gl CQ..Qc4iL1/Ji.flJ:g_CQ1{[i(;jl proc~~ss at least ~~very Ii ve years. Proposed revisions shall be reviewed for impacts according to the Stale Environmental Pmtection Act (SEP ^) and shall be consistent with the State Urowlh Management Act (CMA). b, 111e County or a City may propose a policy amen(hm~l1t to the Countywide Planning PolicYi~0:' 2, Proposed amendments should be considered on a regular basis and voting is subject to the Kitsap Regional Coordinating Coundl by..laws. a. Kitsap County shall take aGtion to consider and adopt amendments or revisions to the Countywide Planning PoHcyig,~ following recommendation from the K-lli;G}\i.L~m2.R~iQugj CQQr.dilJgJjgg CQlJnril :I Adopted hy !(itsa!J Coun(y Ordinance .l2?--2004 Novemher 22, 2004 EXHIBIT A 3 b. The L~I~':; f:{it;;:(fj2B?gjonaLGQ.Ql:dirJfd1.il1g{;QHndLwiII strive f()J' ratification by all Cities and Tribes during the 90 days following the Board afCounty Commissioners' adoption ofit.s subject ordinance. The adopted CPP will hecome effective upon ratification by t.hree or more citi~;s in K itsap County. c. A City Of Tribal Council thai does not ratify the revised Countywide Planning Po1ieYig,~ within 90 days of the Hoard of County Commissioners' adoption of its subject ordinance, shall provide a written statement of its o~jecLiotls to the J5.-I<<:;X..; 1~i18JJl.l{qgiQ!JpLG!H}.r.djIJfJ1Ll1g [~(!l!1lC;il, in order to fnciJi1ate further revievif.(See Appendix A for process flow chart). d. Once the ratified revisions to the Countywide Planning PoJicyig,y take eflect, a City or the Clovcrnor's offlce may appeal the revisions to the Growth Management Hearings Board within a fiIrther 60 day period. 4 Adopted hy Kllmp County Ordinance 327.']{)()4 Novemher 22, 2004 EXHIBIT A ~ li~lement A. Conutywide. (,:rowth Patt(~rn The vision l~)!' the future of K itsap County, as articulated in the Kitsap County Comprehensive Plan (1998), "seeks to maintain and enhance the quality of Ii fe 1haJ makes our County a speeial place to live and work...... envision a future in which our natural systems are protected; the water quality in our lakes, streams and Pllget Sound is enhanced; the village character of some of our smaller towns is preserved; the historical nature of our communities is respected in order to preserve our heritage for future generations; a diversified economk base that supports good jobs, contrihutes to healthy downtowns in our cities and affordable housing choices; and the rural appearance of onr county is perpetnated. This vision of (he future which Iii shared by citizens and elected ofTicials includes the following elements: Cl. Livable urban comrnunities and neighborhoods, centers for employment. civk activities, housing: II Attractive, well designed and livable urban communities, supported hy efficient and high quality services and lacilitks, and providing a range of housing choices. " Healthy cities that are the region's centers for employment affordable housing c.hoices, and civic and cultural activities. h. Vital diversifIed economy: A vital diversi fled economy that provides living \",age jobs {()r residents, Sllppolied by adequate land f()r a range of employment Ilses and that enc.ourages accomplishment of loeal economic development goal~. e, Efficient multj..modal transportation system: Creation of an efficient multi~m()dal transportation system -- including roads and highways, ft~rries, airports, and opportunities f()l' non..motorized travel. that provides efficient ac~ccss and mobility fc)r county residents and supports our land use pattern. d. Natural systems protection: " Protection and enhancement of the natural environment, ineJuding wetlands, streams, wildlit(~ habitat, water quality and nalural resourc~e activities. .. Creation of a system of open space, parks and grecnbelts thai provide opportunities for recreation and that give structure and separation to urban areas. e, Rural charaeter outside of Urban Growth Areas: Maintenance of the traditional character, appearance, functions and lifestyles of Kitsap County'~ rural communities and areas f. Responsive Government: An efficient and responsive government that works with citizens, governmental entities and Tribes to meet collective needs hlirly; and that supports education, environmental protection and human services. A key strategy to accomplish this vision is the intention to encourage flltme urhan growth in areas within incorporated cities and in unincorporated areas that (Ire already characterized hy urban growth with existing and planned services and facilities, These actions will work to strengthen our natural environment and rural character, and are geared to reduce taxpayer costs by focusing the expenditure of public funds, encouraging concentrated development where appropriate, and increasing our choices f(w housing and jobs." ------"_.-.,..--....-------.~~~-----_._-----_..._._-_._-_. -~----._-~---._-~- _._---~-"_._-,-_..._-".~_._,.-..~.__.._-_.~-~._---_._.--"--~- ') AdofJled by Kitsap County Ordinance 327-2004 Novemhel' 22, 2004 EXHIBIT A 5 Balancing historical patterns of growth with a preferred vision of the future and legal requirements is an on-going challenge. Tradeoffs must be made to balance the costs with the gains~ flexibility is necessary to adapt to changing conditions. These policies are intended to reflect the long-term goals of the people living, working and doing business here. .E.9Jjei~:~J~Q.rJ&..tH!ttJf.!!!.t_Gr..QlVth ft) a.!!!:J~j'(:JY1: L Roteri of Cities and {khan Growth Arcas/Udnm Comnmnit~.~fl a. The primary role of Kit sap's urban communities is to encourage growth, through new development, n>.clcveloprncnt and in. tlll. (See Appendix B for current and projected population distribution.) b. Each or Kitsap's urban communities should foster its unique vision as a high quality place to Ii ve and work. c. In Kitsap, urban comn1Unitic~:; are closely linked to water and natural amenitief{ and provide open spa.ce links to the natural environment. 2. Role8 of Kitsupl County: a. Keep regional vision in mind when making local decisions. b. Promote stewardship of unincorporated urban areas and prornote transiti.on to cities when financially viable. C. Maintain/enhance natnral systems and rural chamcter. d. Include a variety oflow dens.jty rural comrmmities, densities, and uses. 3. To achieve these gmlls, Kt.~?J5.jj.!m!l..J{?.gi()l1g.l,-COQEdjl1j,11..tl1gJ:}lJl.m:..iL.mernber .iurisdictil:ms should: a. Make decisions together when needed. b. Coordinate and cooperate on land use, policy and capital planning. c. Establish aile! keep updated a 111!.iJdgl.Jk I ,and Cfl.}3aeify-.;\nalysis Prograrn. d. Develop a program for the Transfer of Development Rights to pn)serve lands with important public benef'! 18. e. Maintain/preserve distinct urban identities with green breaks or 0111er natural features. f Promote tiering and/or phasing of infrastructure development witbin Urban Growth Areas. g. Develop and implernen1 land use policies, rcgul.ations and incentives to promote the efficient USL of urban areas. 6 Adopted by Kifsap County Ordinance 327-2004 Novemher 22, 2004 EXHIBIT A ~ Element B. Vrban Growtb Areas The basic premise for designating Urban Growth Areas is to encourage the location of urban density residential, commercial and industrial developnlents in areas where services can be most economically provided. The benefits of directing growth to designated urban areas in(~lude: * Higher density residential development within walking distance of jobs, transit, schools and parks. * Limiting urban expansion into rural and f(wested areas. * Promotion of in-fill or redevelopment of existing urban arcas. * Preservation of open space, critical area,s and lands designated for resource prot.ection, * Accommodation of employment growth in a (;onccntrated puUern. * More economical provision & maintenance of streets, ~;ewer/watcr lines & other public l~tciliLie~:;. * Promotion of attractive residential neighborhoods and commerdal distriGts which provide a sense of community. * ^ harmonious relationship with regional planning as articulated by Vision 2020 and Destillf:ltion 2030 adopted hy the Pugct Sound Regional Council as the g~~v'th m~1trrln~ortatio'2-:~tri.~~~r~ , ' _ central Puget Sound. ,ijai:fcgf.51l#il;;;~ii~'(iidWtfi~~i;~6~i~111; !~ol~~~s ffr!: Ur:ha..nj;~LQ.'ftlUllea.~..HL~if}J: ' A(;t }vas;~11l:i,eildedil1r991rt;quirii1g; " J. ~:::::::=;,=~~~~~~:.:: ;:~~':::I:~I I ~~,i,:,r,6a,'U,~~,tuI,",~,:,1~,1,~,.~,J~,'t"it~ ensure thaI, ~aken collectively. adoption of al1~J aJ:1endmen~~> to theil", , '" ,,',J:' ,'1" '.' ,', ," T7~~~ , comprehenSive p13ns and/or development regulatlOns proVIde 1 helJEJi.htlVaOCi{f/owtnfji1dlatid ," .~l~~7~~:~~:~)~i~~~~C~~;~1~~~(~~~:;t:;~:~i~' ~~~~'l:~~~l~:I~l~:ln~~~~~)~I~~~:t~~)~~~~)wt '.~;t~i~~~~~~~~~(t:" (derived from population distribution), as adopted in the app1ieablca~i~~,es~~y~~:~~li~~#1t,: ,.::;' ' Countywide Planning Policies and consistent with the 20..year ' [JL{(JIJ!..~f!:,^Lf1r?_:llsqjl:,.aJ.TlreL{,m{l:<" . population forecast from Ute W ^ Officc of Financial Management~<<~~jf#{~~~IJ~!~;; Ii, The County and the Cities shaH maintain a Land Capacity {fX:l.stttlfJ,:,a..,=., ,Jj1!~:e a:..wJLqJ;, ~~~~~5~~~~If~fiE~~:,ifttl}e,~,'.jhf,ra~'~'~'~;':'~1~'S',,_j,i~,f.nl,),:,:e.~_f,:o~,i'.1~,"_",.~,._tcn,:utt4, i t;heirres-pe0twe-e&mt)reheH-s.i-ve-~1iL"l,p,;,~j::fl'i!'l-.p-f0gf(tt11-.jft"l'fltenaed c!--!' ,', ~:!:.<!c'VIA ','.';;IJ ',ltJ.L"7 ' t&4:u!fH-l--the-.gtate-feEtHiH~Hl~'Ht4{7f-fl- gui-l-Jal:>>e-!c;[tnds'-Pff:lgf'ftf.>>. ,.'Jili'tation:5iVor:lr1:4ividilalzur1sdidtion.':\' ...... b. The County find the Cities shall parlicipat~~ in {'111JJgCI/ILt/:::.JfJl!llt lluild,al! Ie '[and A 1!!!iy,~1~:_E!,ggI.:g!!l: ifW-bftnd:f~fltJaHity-Ana-l-Yf}if, us-ing-a-eeBs-i-sten1-tnethedo-!ogy,foic-review..anct-{')vaJuut-i-mt: tg !J]Qnitor afJd.f,:E{tluatjL.tlJ.gJd[fJ;jLyg!J/0"~s oi1lJ.g_iJ.:.r..<}/!J?f!:.f!jy'~ h~QJJ1l!relJ:f!!:2.il~(_flq}.:!fi . 6",-:fhe-l;:;oUfltY-fHlfr1he-f',ities--sha!t- EieveiBJT-Stffi:tegies-.ffB+H' +;m~d <='~etty-AtlaJysir,t(,H*fu7te-HttY-tlfle-tlW-f.l;va:i+a,Me-{,'il:!*d{y"of l'esklential,eenm-1efe-i-&l-'frHtH'HBUSIF-ffl:!,uses-wi-thi-n--l:JR.'tafl '.."', ,,'," -:;,) "f: ,3-"-; .'.~. _, "', ,,-- "-.'.. -, -- 60 c The County and Cities shall establi~lh procedures for resolving 1-FH:l0Hsi-steHElles dL'iJ?yj{l.'; in collection and analysis of Land Cilpaeity data. In the event a resolution cannot he aehieved, the Kitsap Regional Coordinating Couneil shall be a ftll'tlrl1 to review and if pos81ble racilitate any disputes between parties. 2. B!I~1t .iJ!1j{iJf.icti()l1 iy l'e.~Wf!nsib{flj2.t:JJ!1.Q[gmfll.lti!J.fL1!:l!I-!J'J!J.l!:...il!J.(L!f!!l.B.!lW!dj.u!!;/i.af!1.ftf!S Y.'.ltlU!J...iJ.s. i1f1'i.w(ictionaJftJ1 Ufld(u!!,!Jb..lL thg B u~l!!JJl!fI.J;a!1(/..AJJ/l!J!1it!-.1Wi!JJ!s tf!lJ1JllJ1l&!!jctil!l1:L~!!.!JJJ!l'eh:.!l115ir.g Finn ftJ'O-Wtll!Jf!.gL.. fft.f..1J:f!t 11f~i.!1g.!nr;jJjhllt lY:fl,wlicti01LW!1!l (:f!!1~id(i_!Li!!11l1a!.LentiPlg additio.!u!1 r,1tjl!ff!l!lt hlflJJ1ff1!J.!!g/i...jJ!d}.1!l!!.C!1!Jl/!~lts llf!l:iJ.{l11!jgJ.Ul!:Q!!!1.Ia.t!llJ1!!!!.:!Lg[fj:f:i!':.fftJ1~. 3. *, f~ro'~css and criteria for establishing, cJl.pandhl~!;, ami ad.lusting {Jrhan Gi'owih ArmIs in KitNap County: a. Urban Growth Areas are arcas "within which urban growth sl1(lIl be encouraged and outside of which growth can occur only if it is not urban in nature" (ReW 36.70A.l1 0(1)) except under speci1ic circUlm:tances, as fully contained communities and master planned resorts as authorized by the CIrowth Management Ad. b. Unincorporated Urban Growth Areas should he Il::;sociated with an existing or future city. c. All Urban Growth Areas shall be ref1eeted in County and n~spectivc City comprehensive plans. d. Suffieient area must be included in the Urban Growth Areas to accommodate the adopted 20-ycar populat.ion distribution as adopted by the K.itsap Regional Coordinating COllncif and consistent with W ^ Office or Financial Management projections. c. A jurisdiction may ddine growth tiers within its l Jrban (Tl'Owth Area (RCW 36.70A.] 10(3)) to focus public and/or private investment where growth is desired. Utility development and/or expansion may be phased to support efficient and cost-effective growth and to priorili/,e invest.ments. f. The County, City, or interested citizens may initiate an mnendment to an existing Urban Growth Area through the. comprehensive plan amendment process as authorized by the Growth Managemcllt Act. g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities andWMJJ..RtowJll [!!Jltern~..... consistent with the Growth Management Act, fls--4H-tefprel:eEl,--hy-tfie-C-fF(-f\,vl:B--Mfltlf.tg-emm,rt UetwHtg-s--Iwa-l:G, and the City's adopted Comprehensive Plan and any inter..loenl agreement hetween the Ci ty anclthe County. h. If an adopt.ed or fYfoposed :?()..year pi'Ojeeled population distribution may require.yjfJl'? expansion of its Urban Growth Ama, the respective jurisdiction shall conduct planning and analysis, addressing the following conditions: I. Update and confirm th(~ capacity analysis for land within the existing Urban Growth Area for residential, commercial, and/or industrial lands, which takes into account all development approved within the overall UGA since the last UGA expansion. This shall be based upon the l!J2.4.q&d Buildable Land R.epe-Ft and ruhw0 Land Capacity A nalyses that follow the guidelines of RCW 36.70A.215 or other analysis determined appropriate for the particular UGA involved. To maximize consist(;;~ncy across jurisdictions, each jurisdiction shall use consistent methodology in calculating capacity. JI. Review the planning and zoning regulations and allY incentive programs in plac(~ to determine expected densities fl!1r1.1-!L~Qfl!LgfQ.1fibJ?({tt..C:}nf~: in the existing {JG-/\ consistent with the Growth EXHIBIT A <6 M.anagement A ct, as.tntet'fJr'e:ted-by-the'{-JfHWth-1'\>'JaBagement.Hf;Jfl:fi.ng~'-HooFa, and the jurisdiction's adopted Comprehensivc Plan. i i i. flC} (ern1:.lflf:_ w heY.Hi!" a}f!J!Jlfl12.1i.QllJI1!J.lj.--'JlllL(:-'JiQ.rJlqtj_QJJ'----Qf!iJfj!gj)h~ tN:l!iQl1QQk.JJJ!:gA~Hr..es !f.Mldrl hc:. fQl1sirJj}redL..iltlJ-e Jj1{a4;{td(Ll-.g!1d_!.1j1!J..(yJj!i}jYJ}YJJ.!1aLit,}:CQ}JJJlr.(;Jle..l1:~t~)_e. I!.lfw.gJP}-!I thgQflls.<Iu:, !1pJ..f!.fiinR me.(. IV. Data collection and analysis for the [{!1Jr..i capacity analyses should be done cooperatively. The County will be responsible 1()1' data descrihing the gJ"OijJl{Vdt1.Q.({!:J2f.l(jtyj1!. tft? unincorporated portion of the Urban Growth Area, and the City for the incorporated portion. I. Expansion of Urbnn Growth Areas shal1 direct growth first to areas already eharacterized by urban growth that have adequate existing public htcility and service capabilities to serve development; second to areas already characterized by lll'ban growth that will be served adc(]uately by a combination of both cxistinp, public facilities and services and any additional needed public facilities and services that are provided; and third to areas that are adjacent to incorporated cities or established Orban Growth Areas once l-tle available Jand meetiilg the first or second priority has been designated. Areas whieh have existing public fi'lcilities or where public J~leilitier{ can he reasonably extended and are nOl currently at urban densities should be c{)nsidcrt~d first wi thin thh.: category. .J. A jurisdiction, as part of its (~omprehensive Plan nmendment or Suharea Plan process, that proposes an expansion of the UnA shall prepare or update It comparison ofpokntial areas fbr expansion, including. 1. Planning and zoning regulations currently in place. \1. An evaluation of how a rull range or urban-level inJr-astrllcturc and services would be provided within potential expansion areas, including appropriate capital facility analysis. Fire Storm V/ater Solid Wasle Police Potahle \Vatcr Park & Recreation Facilities Transportation Sewer Schools Utilities: Power and 'relecolTImunications, including Broadhand EMS All service providers including special di[;;trkts and adjacent jurisdictiolls should be included in the evaluation. Best available infhtstruclure technology may he IIc:ed provided that it has been approved by the jurisdiction as part of a broader review or nvailable technology. Ill. Although specific standards and criteria are not implied, other factors shall bc addr(:sscd in evaluating areas for Urban Growth Area expansion, including hut not limited to: environmental constraints; economic development; preservation of cultural, historical, and desigrwted resoun;e lanels. . k. The City and County shl111 conduct early and continuous public involvement wilen establishing, expanding, or adjusting Urban Growth Areas, and shall do so jointly when appropriate. Residents of unincorporated areas should be consulted and actively involved in the process aJTeeting chem. EXHIBIT A q 4. Coordinated Growth Mal1law:;mcnt in l!rban Growth Alrc3.s: a. Adopted City and County comprehensive plans shttl-l ,<;lIQHldJet1ec( tbe intent that all land within unincorporated Urban Growth Areas w-~H 17JJJ-Y either annex to a cily or incorporate within the 20- year planning horizon, subject to the state annexation procedures. b. To maximize the effIcient use ofurbnn lands, subdivisions in Urban Growth Areas shall be consistent with the associated jurisdiction's Comprehensive' Plan and underlying zoning densities. c. As described in the Grovvth Managcnient AcL Gities are the primary provider of municipal services and facilities in their Orban Growth Areas, responsihle fl:)r demonstrating vvithin their Comprehensive Plant> the capacity to provide all urban servie,;s within their associated Urhan Growth Area(t'i). This rnay be accomplished thrQugh a collaborative process with Kitsap County and/or other serviee providers, ' d. To J~lei!i(ate Hnd encourage annexation of urban areas over the 20 year plmming period, the County and each respective City should work together to promote coordination and consist.ency in land uses, zoning, and development regulations. This should be nc<.:omplished through: L Urban Growth Area Managemenl Agreements (lKJAMA's) t.hat address the issues described in this policy. (See Appendix C for fiJrlher detail on contents ofUC1AMA's); 11. Joint planning for [oJpeGific areas to acJdrc[oJs land lmes, infrastructure needs. level of service standards as identified in these policies, and other issue[oJ as needed. Special district[oJ should be included in the planning process as appropriate. The results ofthe joint planning should be I'eflec:tcd in County and City cOlnprehensive plans; Ill. Modifications to County development regulations to ref1ect city standards and to regulate development in a manner that promotes the likelihood of annexation; IV. Coordination in Hw review of permit applications as appropriate; v. Specifie proposals for annexalion as ckvelorKxl or considered by the city, Residents of unincorporated areas should be c.onsulted and actively involved in fhe annexation process affecting them. All service providers including special distri<.:ts and adjacentjurisdictiom: should be ineluded in annexation and/or ineorporation planning, e. For Urban Growth Areas not associated 'with a specific city: I. The County should plan with local communities to address lanel uses, infrastructure needs, Ic:vel ofservje~~ standards as identified in these policies, and olher issues as needed. The results should be rel1ected in the County comprehensive plan. I!. The County should continue to provide a level of urban facilities and servlces generally equivalent to those of cities on an interim basis tl:.1r those I Jrban (irowth Areas that }J!.f1( be f'-'~~'Qfl:i.q.j!!d_wjj}Lg_qJ2fH.:jfis: CWLQt will eventually incorporate, and on an on...going basi:-; as appropriate. EXHIBIT A \0 ( 4. Distribution of 20 year population increments, as forecasted by the W A Office of Financial Management: a. The Kitsap Regional Coordinating Council shall coordinate the process for distributing the forecasted population for the period 2005 - 2025 and every five . years thereafter, consistent with the requirements of the Growth Management Act. Kitsap County shall adopt any revision to the population distribution as part of its next Comprehensive Plan amendment process and the Cities shall base their Comprehensive Plan amendments upon that distribution. The distribution process should consider countywide demographic analysis, the Land Capacity Analysis, and the OFM projections and it shall promote a countywide development pattern targeting over three .quarters (76%) 'of new population growth to the designated Urban Growth Areas. The County and the Cities recognize that the success ofthis development pattern requires not only the rigorous support of Kitsap County in the rural areas, but also Cities' comprehensive plans being designed to attract substantial new population growth. ( Population distribution will be reviewed through the KRCCprocess every five years. The review will include an analysis ofthe Cities' and County's progress in achieving target distributions. lfthe 76% UGA target mentioned above for new population growth and the overall population targets are met or exceeded, the target for new population will revert to five sixths (83%), as per the revised County-wide Planning Policies adopted by Kitsap County Ordinance #258-01 on August 20,2001. Otherwise, the target may be reaffirmed or explicitly modified. b. Eachjurisdiction with a designated Urban Growth Area shall develop an estimate and/or range of the additional population that it could accommodate and service during the 20 'year planning horizon, consistent with its vision for future community character. The estimate shall consider the need for increasing population density within the Urban Growth Areas to promote efficient service delivery, avoid sprawl, and preserve community character. c. The' population estimates and/or ranges shall be provided to the Kitsap Regional Coordinating Council, with a statement of need concerning adjusted Urban Growth Area boundaries. d. The Kitsap Regional Coordinating' Council shall compile the jurisdictions' population estimates, including the estimate of additional population capacity for areas outside the Urban Growth Areas, and determine whether adjustments to the overall distribution are required in order to fit within the OFM projected range. e. The Kitsap Regional Coordinating Council, after'conducting a public hearing, shall recommend the estimate and/or ranges of20 year population distribution to Kitsap County for adoption as an amendment to the Countywide Planning Po~icy. ( . '......~ f. Kitsap County should give substantial weight to the KRCC recommendation in adopting the 20-year population distribution. EXHIBIT A IOq /-' \ g. Following adoption of the estimates and/or ranges, each jurisdiction should update its comprehensive plan, so as to arrive at a final population target consistent with the estimate and/or within the original range. h. After each jurisdiction has completed its comprehensive plan update, the final adopted target should be compiled and reviewed through the Kitsap Regional Coordinating 'Council process and the revised population distribution incorporated into the Countywide Planning Policy. A final distribution to Urban Growth Areas versus non-Urban Growth Areas within the range specified above should then be calculated. 5. Fully Contained Communities and Master Planned Resorts A Master Plan review process and decision criteria for fully contained communities and master planned resorts should be incorporated in the County's comprehensive plan, must reflect the standards and requirements in the GMA, and in addition must address the following: . . Under the Growth Management Act(RCW 350), fully contained communities (FeCs) may be. considered, provided that a portion of the twenty-year population forecast is reserved for . and subsequently distributed to the FCC. The GMA requires that FeCs provide for a mix of uses that would provide jobs, housing, and public facilities and services to support a long- term residential population. ( a. Necessary.public facilities, including but not limited to parks, schools, and public safety facilities should be provided within or along with the development, consistynt with adopted capital facility and level of service standards; b. Impacts to public infrastructure, nearby communities, adjacent rural areas, environmental resources, and designated resource lands should first be avoided, second minimized, and third mitigated; c. Provisions for review of such dyvelopments through the KRCC process, in addition to other procedural requirements. The GMA (RCW 360) also allows the consideration of proposed master planned resorts (MPRs) outside of Urban Growth Areas for shorter-term residential uses. Master planned resorts are described as self-contained, fully integrated planned developments in areaS with significant natural amenities. (,. EXHIBIT A lOb Klement C: Center's of Growth Centem are intended to be com.paGt and eenlralizccl working, shopping and/or ilGtivity areas linked to other Centers by transit. Centers and their boundaries are intended to be locally determined by the County and the Cities where a community-wide focal point can be provided, Hignificant population and/or employment growth ean be located, and the increased use of transit, walking and bicycling can be supported. De~:ignated C(;~nters arc intended to deHne the pattern of future l'CHidential and commercial/industrial growth in Kitsap Counly. (Sf:fl Ap12.f}]1gi~){:J..iQdL'ljjL1g9iJS)Jli.[:!:pJ)I!:!~jgr.!!J.tf.q C~l11J-l!:E.2 r~ {ili&g~J:~lr_(;~!l!{W~J1J G nl.Y!'J.hj!;l~ 1. In dedsions relatiug to population growth and reSOlln~c allocation supporting growth~ Centers hav(~ a high IwioJrity 0 2. In Kitl'lap County, the following Regional Ccnkrs ~H'e applkable: The Puget Sound RegiollaU:oullcil has de1:ined several types of Regional Centers withilllJrban Growth Areas in the emlr,.counly planning region, with planning guidelines (Vision ]020, A ppendix I). a. Regional Centers of Growth: 1. Metropolitan Center: Bremerlon including the Brcmcrton Naval complex. "Metropolitan Centers function as anchors within the region I~)( a high density mix of husiness, residential, puhlic, ellltural and recreational uses, anJ day and night activity. They are characterized by their historic role as the central business districts of the major cities within the central Puget Sound region, providing services Cor and easily accessible to a population well beyond their city limits. Metro Centers may also serve national or international roles." (Vision 2(20) 11. Urban Center: Silvcrdale IJrban Core. In Kitsap County, Urban Centers are areas with the comprehensive planning to support a wide range of commercial, housing, and cultural choices, All areas of the Urban Center are servked by transit throughout the day and nlUch of lhe area is within walking or bicyc.ling distance. Sigllif'ieant at in-fill opportunities exist with the highest residential, commercial, and employment densities expected. b. Regional ManufacturinglIndustrial Centers: South Kitsap Industrial Area. "Regional Manufacturing/Industrial Centers are major, existing r'(~gional employment areas of inlensive, concentrated manufacturing and industrial land uses which cannot be easily mixed at higher densitiex with olher uses. To preserve land at thes(~ centers l~)r manufacturing, industry and rdak~d uses, large retail uses or nOll-related offices are discouraged. Provision of adequate puhlic faGilities and services, including good access to the region's transportation system, is very important to the success of manufacturing/inclmrtrial centers." (Vision 2(20) 3. The fonowhl[~ an~ other types of centers within Kit-sap County: a. Town or City Centers are wmal1y the existing downtown core of a city or Urban Growth Area. There is an abundant mix of shopping, service, employrnent, and cultural opPOltunities. Multifamily housing may he intermixed and single family honsing may be 13 Adopted 1>y Kifsap Countv Ordinance 327-2004 November 22, 2004 EXHIBIT A t \ - ~ ~:1\E8 V'\-~9.,,);. -p .... ltJ ?), Kitsap Regional Coordinating Council (~ \ ~ j ~ Appendix X-I: Kitsap Designated Centers m >< :c - m =i )I !I II RegionaE II (Adopted b)' PSRC) , , . _. .. . I I SOUL.'1 Kltsap lnClustnaJ. Area j Industnal/Employment Center r-- Ii , '1 'r- I' .. II . Jurisdiction -1 Jurisdiction's (Comp Pian) Designation : KRCC Center Deslignation II II K' C ' --. , , 'T' "." '"" . -T' Ii 'I .L ltsan ountv ! KJ,ngSlOn ' i own or 'AtV l-enter!l. ransportatlOn hub II 1 :r........ -' 't if Kitsap County I Southworth Transportation Hub ~l I Kj" C h : S . . A .. 'r' I 0 T . T-' " ,I l(SapOUlllj i uquan::usn j ","ct!VII}'1 cmp Oy1nent \....enter~ c ransportation HUD II ' . I Ii City of Bremerton : Harrison Employment Center Activity/Employment Center !I II C' f B I N':\'- ,-, ~ 1 r , .. ',' 1 r. 'II J ,!ty 0_ remenon I ~';' Corporate campus CmplOylnent ,-enter _: Actlvlty/cmp.oyment Lenter 'I II C' ~B i n B" 1 ,,",' , " i \ .. ".., 1 r ,; 1 Itv or remerton ,rort laKe v t:.mplOvmem Lenter i .......ctlVltvi tmp ovment ""cnter Ii I .J '" ..... . ... ... 1) I eitv ofBremerton i Upper '\V;'1eaton District Center , Mixed LJse Cenwr/ 2'Jeighborhood i! ;1 ... I ----..-...;: ---II , ~ r- r"y: -- ~..t'""': ' ~~ T - , " " 1'" ... ~ It il Cltv 01 Bremerton i Lower Wheaton Dlstnct L:enter , MIxed t.'se Center! NeW.nborhOOQ ii I -' '- , ~ iI !i City ofBremerton ! Sylvan/Pine Neighborhood Center i Mixed 'Use Center! T\eighborhood --lll 'I . : ~ , ~ ! I, City of Bremerton : Perry i>~Yenue Neighborhood Center , Mixed Lse Center/ 'Neighborhood ii j: .... .... i ..I -. ':;'. ; . -,. , ..,..,... l'l ,i CIty ot Bremerton ! Manette NeIghborHood Center ' :Yhxcd Lse Center! Nelghoorhood I '.1--......,. !'" j 1 T.... i .. - T I" .. - i~ I Llt:y OT Bremerton I Cnarleston NelghDorhoou Center ' ML'(ed Gse Center! Neighborhood Ii II - ~ t 't - 11 T.... ........ - ..' r T r ~- ~ ... ~ .. II H CltV or BremcrtolJ ! Haddon 1'JelQhborhood cemer lv1Ixed use Cemeri i'>!e12.DoorhooC! II lL---'" I""" ....... I II City of Bainbridi;o:e Island ! Winslow Core Town or City Center Ii II r. f . b . . ~ Y] . " n R ~ <. I, L" +: - A --"', \. . .,.."." C II I 'L-rtv 0 Baln ncige is al1d ! L;av --.. oau LlgDt LVianuJ.actl1Tlng .t~\rea ~ f ctlVlP'i/c,mp~ovment enter L 11 .... .. ........ :... ~ l '--'~. .. - ......... ~ .,.' _. ; "'... ;." 01' , ... . or,.. 't !; II CIty of Bambndge Island : Lynnwood - Ne:Ighoorhood SerVIce Centers~ : MIxea Use Lenteri NClghborhooG i'I' 'I. , , I'i City ofBaiD.bridge fsland . Rolling Bav - Neighborhood Service Centers* ' 1\{ixed Use Center! Neighborhood ii' ,- ". '" - . , <.c. ~ ~ I. I C' fB'" . T' d T' , C N' . -hb 1. d" . C t '" ~ F ,:I T < C ' 'N" 1 b L , .. Ii 1ty 0 ambndge !.slan iSlana ,enter - 1 'Clg" oruoo, 0erVLCe en.ers' ,vuxeu use emer! j CIgllt omOGa :! I, '.' 'I City ofPoulsbo : Pouisbo T01Atn Center , TO'\-vn or City Center II City ofPoulsbo IOIhava i M.ixed Use Center! Neighborhood Ii City or Port Orchard 1 City of Port Orchard . I Tovm or City Center! Transportation Hub i City of Po It Orchard i lren~ont Community Services Activity/Employment Center -- Ii City of Port Orchard i South Kitsap Mall ~ Mixed Use Center i Mixed Use Center! Neighborhood I~ ~ Ii Kitsao Transit I Historic Mosquito Fleet Tenninals i Transportation Hub 11 1< ,_ .(, * - Special PIp.TIning Areas '1-'--- II City of Bremer ton " Sih;erdale Urbai1 Core Urbfu"l Center il h II' t J Metro Center within walking or bicycling distance. Infill should include mixed use and higher densities surrounding the Town Centcr. h. Mixed lJse Centers are a generic calegory that can be described in terms of neighborhoods or districts }Eiih..ilL(fJ;jjY. O!'.JILl}.cfltQmw1[1 ./U.'i!Q. The designation reprcsents a commitment to planning for Center development, with a planned mix of'housing, comri1ercial, and employment opportunities. Most "hopping and commercial uses arc within a short walking or bicycling distance of housing. There'is a higher proportion oflTlUlti..family housing at relatively high densities. Navy facilities could be com;idered for this designati(ln. c. Activity and Employment Centers are anJ(lS of concentrated employment and are a mngncL (-()J' significant numbers ofpeopJe usually during daytime hours because of busin{;ss and/or manufacturing activities. They may be located outside of! Jrban Growth Areas, consistent with the Growth Management Aet. lnduslrial and business parks and Navy employment centers are in this category. Within Urban Growth Areas, the opportunity to inelnde a proportional residential clement should he rletermined on a case.,by-case basis, cOI1:;idering the unique geography and economics of lhe area. d. Transportation Hubs are locations of regional inter-modal connection that may he located outside of Urban CJrowth Areas. Examples arc krry terminals, the Hremerton National Airport, or certain transit stations. 40 (for pl!lrpose~ of distributing countywide fcd~~i'al tmnspo)'tathm funding, a IH'OCt~SS and criteria for d*~si~uating loc},d centers should be dc'VeHopcd amI coonlinatcd through the Kitsap Regional CO()rdinatin~.!; Cm.mdt f!it;/2..!.JlJP.f}..!Y]/;K;f..l:J1 Th~~ following should h!~ included: Current or programmed transportation resources (including roads., ferries, transit, airports, bicycle, pt~destrial1) Balance of employmentoPPOJtunities with residential Proximity and COD!Jcctivity among jobs, housing, retail services Types and density of resident inluses Indusion of affordahle housing Provision of community gathering space, parks. and cultural opportunities 14 Adopted by Ki!.sap Coun(v Ordinance 327..2004 Novemher 22, 2004 EXHIBIT A ~o ,,1\iES Q t~~ -t--,"~ -?) #."'\..... (\>,l : .~.#v : m >< :z: - m =i )J -+-. ILl Kitsap Regional Coordinating Council Appemiix X-2 Centers & LAMIRD~s -; --- ---------------- -------l I , ! Federal funding Cvcles ; PSRC- managed Transportation Funding: Centers & Corridors '" Type of Growth UGA Criteria Apply (per GM.A) Mixed Use: High Density Residential \-vith Jobs i-- Urban NiA ._____"_,2~s _____J___.____ Yes ________L. ____"___. Yes I Yes ! lncorporated VGA Unincorporated UGA PSRC Centers: i \!l Regional ~ Industrial/Employment Urban N/~A. Yes Yes Regional Competitive & Vrba"! COU11tywide , Kitsap Regional Coordinating CoUncil Centers TowrJCitv Center i Urban , Yes ; Yes - - -- .. .,. - ~ ~ TT ----------I----...._--r j.. MIxed Use/ NeIghborh.ood i urban ! I es i '{ es Count'rwide , I ~ T"'] 'A - . , 1 b Of 0 - - GAR l' ~ ." T -GA i t:~mpooymenti "ctiVI!}' ur an i m U -. ; ~ uraL It outSIde 0 ! Limited if not i . - 't.,.. 1 .. T. - ~ ~ -. - ~ .-... r. i . T;I"""::'.\ ! TransportatlOD Hubs Uman Jfm uGA: Rurm It outSide \JGi\. : m LhJJ-'~ , ___~ ~ 11 C . - ".,-, 'd '.(:d' d ' l 1 U.LlV ontam.ed. ; 1" T b i V ! '\J- j t__ount)r"lilll e li .esignate as 1 ! .." " . 1 ur an 1 J.. es ! J. es l ~ . ! I Com..murutJ.es . i. j i. ~ Kltsap Center. ; l=._____.___~_ ~...b ._._~. ~~. ~__.~_ ._~~w__~~_.~,~d Master Planned Resorts i Recreational i No i Limited I Rural set-aside ** : Limited to LAMIRDs In-fiE Consisl:ent '\NiL'! Existing Character Existing density with Pt.-ural set-aside ** No no intensi fi cati on of use L. r--.-------- Industrial in Rural Employment/ Activiry Resource-based Industrial Non-urban Rural Character No Residential Growth Limited ! No i Rural set-aside ** * Non-motorized/Enhancement Transportation Funding call be used anY":vvhere in Kitsap COllilty. * * 10% each nmding cycle, set by federal statute (1991 ). No Rural set-aside ** No i ..-+-- Rural No Rura! set-aside ** No , Resource La.T1ds Rlemcot 0. Rural Land lJi;\CS and Devdopmmlt PaHcrm; Rural areas of K itsap County are characterized as having a variety of parcel sizes, with a diversity ofland use activities. These areas also contain significant amounts of complex natural systems. It is a high priority to pr~;st;rve and enhance the rural charac.ter of these areas. Counties are responsible for designating and regulating rural areas through the comprehensive planning process. However, rural pl'(~scrvalion is a regional issue and it is important to coordinaJe these planning objectives with the Cities. policies J:?_LE.!.Kl:~lt&lP.~JJ) St,sJHJI"d D".gy~I(~m!t~!ttJ~_att2rn~.L~)l L Preserving Jrund <:har:H~ter and enhandng the mltlllnAl mavirorHmmL a. Preserve the character of identified rural areas hy protecting and enhancing the natural. environment, open space and recreational opportunities, and scenic and historic areas; supporting small-scale limning and fCJrestry uses; and permitting low-density residential living and cluster development maintained by rural levels of service. Support Rural Communitic8 as locations!(w a mix ofhoLlsing types, rural level~: orservice, cultuml activities, and employnJent that serves the needs of rural areas. b. This policy is not intended to preclude the future designation of Urban C1rowth ^reas. 2. I"reserving rural hmd u~e and c]cvelopnH~~~t patt(wns: a. Rnnd Communities are already-existing residential and commercial areas of more intensive rural development designated in the Kitsap County Comprehensive Plan under RCW J6.70A.c)70.5. In-fill is expected. HUJ'f11 Communities should be serviced by transportation providers and other services consistent with the Levels of Service adopted by Kitsap Counly for roads and by Kitsap Transit for transit upon their designation as an area of more intensive rural development. b. Tnmspol'tation Hubs may be located within existing areas or more intensi ve development. Walking, bicycling, and transit are the major j()f[11S of travel. Transportation Hubs are locations of regional intennoclal connection. Examples are ferry terminals and transit stations with eonvenience services. c. The County shall develop criteria consistent "vith the Growth Management Act for designating future industrial and commercia! dtweloprnent outside of Urban Growth Areas that protect rural character whik encouraging vehicle trip reduction. The criteria should allow f()f industrial resourcc-oaseclland llse and recreation alld f()r convenience c()mlTlel'l~ial that is scaled 10 serve lhe daily needs or rural n:sidents. 3. Establishing itnd uluilltaining rura) .evels of servic~: a. Rural level-of-service standards shall adclre:ss sewage disposal, water, transportation and other appropriate servi(:es. The standards shall be developed based upon levels of service typicaHy deliven'd in rural ,m:as consislent wit.h ReW 36.70A.030 (16). b. For purpose oftrip reduction, develop a range of alternative modes of transportation consistent with rural levels of service to conned Rural Communities with urban Centers. 15 Adopted hy Kilsap County Ordinance 327-2004 Novernber 22, 2004 EXHIBIT A \5 c. When sewers need to be extended to solve isolated health, environmental, and sanitation problems, they shall be designed for limited aceess so as not \0 increase the development potential of the surrounding rural area. 4. Conserving sman~St~aJ.e natural re~ource IlS(~ in nn-aJ areas: a. Rural land llse designatiom; in the County's Comprehensive Plan should support rural uses such as farming, l~m-,;stry, mining, recreation, and other runll activities.. and r-1crmit a variety of lov,Hlcnsity residential uses which preserve rural character" and can be sustained by rural service levels. b. The County's Comprehensive Plan policies shall promote clustering residen,tiai development , and other techniques to proted and enhance significant open spaces, natura! resources, and critieal areas for more efficient use of the land. Clustering should not increase residential housing units in the overall area designated as rural, consistent with designated rural densities. Development dusters shall be clesigned, scaled and sited ill a manner consistent: with rural character and t.he provision of l'Ul'al levels of service. c. The County's Cornprehensive Plan policie~) shaH S\.lPPDTt Rural Communities as locations or ernployment, a mix of housing types, and cultural activities for rural areas that primarily function as loeations 1'01' service needs sueh as grocery ~tore8, shopping, and community services, and smaIl-,seale cottage industries for the surrounding rural area. 16 Adopted hy Kitsap C(}un~y Ordinance 327-2004 Novemher 22, 2004 EXHIBIT A l~ iGlement E. Count.vwid,~ Strategic!'; for OpClft SIHH~e Prr-e1'Jervatjolll~ Rcsom-ce I}r!~~ef'vation, ami Critkal Areas Open space is defined as land area consisting of natural systems, resource lands and critical areas that include building limitations for future development. These critical areas include well11nds, wildlife conservation areas, steep slopes, frequently flooded areas and areas with a critical recharging affect. These open space lands also include aesthetic functions such as view sheds of the water or ridgelines. Many of these natural systems arc inter..connected and eross multi- jurisdictional boundaries within the County. The strategy is to conserve these areas and r:()nne~t them to create a regional open space network to protect critical areas, conserve natural resources, and preserve lands and resources of countyvvicle and local significance P'!!Iici~tLfQr..!!I!~Kt!~lH!.~~J:1:!:.~rv ation, HS.;iQ!!I.(:.~J~fQte~~~iQ!l..1" a ~t~Hd:~!.!~:;!:L~t'~1!(i.fl~J~: 1, Creating it n~l!.jonaB network of open space: a. The County and the Citie~; shall implement the Kitsap County Open Space Plan and t.he Kitsap County Consolidated Greenway Plan which identif)J a countywide green spnc(~ strategy that incorporates planning dTorts of the County, Cities, state agencies, oem-profit interest groups and land trusts in the County. b, The County and the Cities shall preserve and enhance, through inter-jurisdictional planning, significant networks and linkages of opell space, regional parks and public/pri vate recrcat ion areas, wildlife habitats. eritical areas rC~Ol.lrce lands. water bodies and trails. c. The County and the Cities shall frame and separate urban areas by creating and preserving a permanent network of urban and rural open space) inclnding parks, recreation nreas, (~ritical areas and resource lands. 2. Conserving and enhnndng the County's natu..a! rt~som'ces, critical. 3rCal'l ami cnviroQImmtal ~mu~lliti(~s while plmminl!; fOJr and aN~mll'!mn(iatin!~ sustahmbh: ~rowth: a. The County's and the Cities' Comprehensive Plans shall each address regional air and water quality protection. b. The County and the Cities shall protect critical areas (wellauds, aquifer recharge arcas, fish ancl wildlife habitat conservation areas, frequently flooded areas, steep slopes, and geologically hazardous areas) and other environmental amenities 'mch as view corridors, canopy cover, and ridgelines. c. The County and the Cities shall establjsh and implement Best .Management !?raclice:j to protect the long-term integrity of the natural ellvironment, adjacent iane! use, and the productivity of resource lands. d. Th~ County and the Cities shall establish procedures to preserve significant historic, visual and cultural resources including views, landmal'b, archaeological sites, and areas of speciallocational character. e. The County and the Cities shall encourage the use of environmentally sensitive development practices to minimize the impads or growth OIl the County's natural resouree systems. 17 Adopted hy Kifsap ('mll1ty Ordinance 327..2004 Novemher 22, 2004 EXHIBIT A 11 r. The County and the Cities shall work together to identify, protect, and restore networks of natural habitat areas and functions that cross~jurisdktional boundaries. g. The County and Cities shall protect and enhanGc cC'.osystcms that support Washington State's Priority Habitat and Species as identified by the Washington Depmtl1lcnt of Fish and Wildlife. f. All jurisdictions shail maintain or enhance water quality through eontrol of runoff and use ofhest managenwnl practices to protect aquatic resource~;;. 3. Listed !lpedes rcconry lmdcr HH; ID~nd~H'l!gered S!}(;f::ier;; Act (li~SA): a. The County and the Cities shall preserve, protect, and where possible resfore the f1ll1etions of natural habitat to support ESA..listcd species, through the adoption of cornprehensive plan polides, critical area ordinances, shoreline master programs and other development regulations that seek to protect, maintain or restore aquatic ecosystems associated hahitats and aquifer through the use of management zones, development regulations, incentives f(lr voluntary cft()rts of private landowners and dcvelopcrs, land use classifkations or (ksignations, habitat acquisition programs or habitat restoration projects. b. The County and the Cities shall provide incentive-based non-regulatory protection efforts such as acquisition or priorily habitats through fee-simple and conservation easements from willing sellers. c. The County and the Cities shall jointly establish and implement monitoring and evaluation program 10 determine the d-fectiveness of restoration, enhancement, ancll'ccovery strategies fhr :;almon including ESA-.listed spedes. Each jurisdiction shall apply an adaptive management stJ'ategy to determine how well the objectives of listed species recovery and critical habitat preservation/restoration are heing achieved. 4. Coordination of watershed and Ilmd use planning: a. The County and the Cities shall participate in a planning program that determines changes in stream hydrology and water quality under different land use scenarios at full build-outof designated land use classifications. b. The County and the Cities shall eoordinate land use planning using watersheds or natural drainage basins to implement strategies for rcstorntion of aql.llli1c habitat and to reduce impacts to other natural systems. c. I< itsap County shall coordinate alld maintain a regional clatabas(; of best available science far the purpose oC modiCying Critical Areas Ordinances, if funding is available. d. Upon adoption ofa state classification system, thc Cities and the County shall establish a singl<~ system for stream typing. Ul Adopted by f(itsap County Ordinance 327..2004 Novemher 22, 2004 EXHIBIT A \~ Element F. Contiguous and Ordedy Oevdopmcnt Upon designation of ()rhan Growth Areas, the County and Cities will need to develop consistent implementation measures to ensure that development occurs in an orderly and contiguous manner. The intent of the following countywide planning policies is to Ininimize dif'ferenees in urban development regulations and standards hetween the County and the Cities and to facilitate the economical provision of urban serviecs to development. f.!llicl.~s _ f~r (:'QP.JlEn~&ml ~t!L~."P rd.~~.r!Y.Jl..!n'..~!9I)l}E.~llU.C.QJ2t:. 1. Encouragenwnt of coopentiv(~ iJrltelr'~,iurhldktiol1al piarming by fe(h~ml, iTihal, state, local, and special plJlrpoi':c ~OV{~nHm~nt: a. Inter.jul'isdil:tional discussion, inklrmation exchange, and coordination of proposals shall be initiated as early and ~;xpeditiol1sly as possible by the responsible agencies. b. Initial inventories and analyses olutilities and puhlie services informaljoll are critical to the planning process and shall be made availabie as early and expeditiously as possible by the responsible agencies. c. The Kitsap Regional Coordinating Couneil may establish or designate on-.going technical committee(s) comprised O! representatives ll"om utilities and service providers to investigate long-range regional needs for various facilities and services, including but not limited to those for tramlportation, sewer and storm drainage, availahiJity and delivery of potable water, solid waste, hroadll8JJd, parks and recreation, and open space. d. The Countywide Planning Polic:y.i.?.\~ will further the implementation of Vision 2020 and Destination 2030 as adopted by the Puget SmH:l.d Regional Council. 20 Inter-regional cooll'dinadon of land US{~ and tramlportatiolll phuming: a. The County and the Cities shall participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization. b. Locally-generated data shall be provided to the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization !()r use in their coordination of population forceasts, land use, ancltransportatioll. c. The planning proposals of these regional organizations shall be monitored and adjustments rec()mm(~nded to insure that they accurately rei1eet local needs and plans. 3. Fiscal equity: a. It is recognized that fisea! disparities exist as a result of growth and changes in rnunidpal boundmies. The Kitsap Regional Coordinating Council shall monitor the Revenue Sharing Inter-local Agreement among the County and Cities (shown as Appendix D) and seek additional ways to address fiscal disparities as they relate to promoting coordinated development and the implementation or the Growth Management Act b. The County and the Cities shall wor" togelher to insurc that all f(;cs associated with development approval arc based upon the real cost of service and act to encourage dtwelopment within designated Urban Growth Areas. c. The Kitsap Regional Coordinating Council shall facilitate on..going regional discussion on revenue equity issues. 19 Adopted l~y Kitsap County Ordinance 327-2004 November 22, 2004 EXHIBIT A tq Element G, Siting Public Capita~ Fadfities of a Countywide or Sti1itewidf.~ NatuH': The Growth Mcmagcment Act rcquires local governments to inventory eKisting capital fEtcilities owned by public entities, to identify locations and to determine capacities to meet future demand for growth without decreasing levels of service. The Washington State Office or Financial Management is responsible for identifying and maintaining a list of essential state public f~lci!ities that are required or likely to be buill within the next six years as required by the Grovvth Management Act. Counties and citit;s are atso requir(~d to coordinate the siting of countywide and statewide capital hl.cilities to mitigate potential adverse impacts from the location and development of these facilities. ~9Ji~ies t~r sm~!gy~!!!k~J!pj.talJ~cmtli;!lCE).~ 1. Identification of needed capita! fadHti~~s: a. The County and the Cities shall cReh inventory their existing capital fhcilities and identifY needed fiwility expansion and c,onslt'ltction and provide that data to the l(itsap Hcgional Coordinatiilg Council. b. 'rl1e Kitsap Regional Coordinating Council shall develop and maintain a H::-;l of publk capital fhc.ilities needed to serve KjWap County as a whole, based upon the County and Cities' Compnlhensive Plans, the Countywide Coordinated Water System Plan, and other appropriate system plans. These include, but arc not limited 10, solid and hazardous waste handling flwilities and disposal sites, water and wastewater' treatment facilities, regional water supply intertie I1lCilities, regional education institutions, airports, local Gorreetional faGilities, in-patient facililies including hospitals and regional pa.rk and recreation {~l.ciljties, and govcmmcnt buildings that serve Kitsap County as a whole, including those essential public facilities as defined in RCW 3(). 70A. 200. 2. 1~~stahlishilIg a process and l'evi.c'w crih~ria for the siting of facilities that are of a countywide or statewid(; nature: a. When essential public facility as defined in RCW 36.70A.200 is proposed in Kitsap County, the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and Site Evaluation Advisory Committee composed of citizen members selected hy the rnember jurisdictions to represent a broad range of interest groups to evaluate proposed public faGility siting. At a minimum this evaluation shall consider: 1. the impacts created by existing facilities: 11. the potential for reshaping the economy, the environment and community character; iii. the development of specific siting criteria for (he proposed project, giving priority consideration to siting wi thin Designated Centers; 1V. the identification, analysis and ranking of potential project sites; v. meu[mres to first minimize and second mitigate potential physical impacts includin.g, but not limited to, those rdating to land llse,transporlation, utilities, noise, odor and public safety; VL measures to first minimize and second rnitigatc potential fiscal impilets. 20 Adopted by Kitsap ('mm(v Ordinance 327-2004 November 22, 2004 EXHIBIT A 1.0 b. Certain public capital facilities such as schools and libraries that generate substantial travel demand should be lQ(~ated first in Designated Centers or, ir not f'easible to do so, along or near major transportation corridors and puhlic transportation routes, c. SOlm~ public capital facilities, such as those for waste handling, may be more arpropriately located outside of Urban Growth Areas due. (0 exceptional bulk or potentially dangerous or objectionahle characteristics, Public fhcilitics located beyond Urban Growth Areas should be self-contained or be served by urban governmental scrviec:; in a manner that will not promote sprawl, Utility and service considerations must be incorporated into site planning and clcvi':olopment. d. Uses shall adhere to local health district or state agency rules regarding comrnerdal and industrial use of on-site s~:wage systems, e. The multiple use of corridors for major utilities, trails and transportation rights..of...way is encouraged. f. County and City comprehensive plans and development regulations shall not preclude the siting or es~:;ential public facilities g. Public f11cilitics shall not be located in ciesi gnated resource lands, critical areas, or other areas where tbe siting of such hlcilities would lx~ incornpatible. 3. Air tram~portation fadlities in Kitsap County: a. The Counties and the Cities shall recognize the importance of airports as essential public facilities and the preservation of access to the air transportation system, b. The County and the Cities Rhall t;osure the safety of the community and airport users through compatlbh.~ land use planning adjacent to airports and coordination of the airport with ground access, Examples wOllld inc.lllde not encouraging or supporting higher residential densities, schools, or hospitals near airports or airport approach corridors, c, 'T'he County and the Cities shalf plan Ihr heliports throughout Kitsap County for emergency use. ')! Adopted hy Kitsap C'Olm{y Ordinallce 327-2004 November 22, 2004 EXHIBIT A 1\ Element H. Tram;pm'h~tion The Growth Management Act requires tbat transportation planning he coordinated among local and state jurisdietions. The Growth Management Act further requires that transportation planning be coordinated with the land use elements of iocal comprehensive pians. Coordination ofland use and transportation plans will allow Kitsap County and the Kitsap Cities to rnccltbree inter-related transportation goals: o Serve Designated Centers to reduce ~;prawl, conserve laud and make more cffieientl1sc of infrastrueture, () Preserve the natural environment, including water and ail' quality, o Provide a balanced system fell' the eflicienl, safe movement of people, goods and services among Designated Centers within Kitsap County and the larger Puget Sound region. The intent of the f()llowing policies is to define appropriate methods and ~:trategics to achieve these goals through inter-regional and ilitra..regional coordination among transportation and land use planning agencies. For the purpose of this Policy, the f()llowing transportation n3cil.ities are of countywide significance: a. state and federal highways; b. major arterials; c. public transit facilities and serviees; d. 110lHuotorized facilities connecting designated centers; e marine transportation {acilities (Jenies, shipping); r. airports and heliports (passenger andlor ii'eight); g. raill~\cil ities (passenger and/or fh;ight) The following facilities and system components should he included in the multi-modal network: a. roads, including major highways, arterials and collectors; b puhliG transit, including bus, rail, and park &, ride lots; c, non..motorizcd fad [ities; d. vehicle and public or private passenger only ferries; e. airports; f. parking facilities that support the multi-modal network; g. facilities related to transportation demand management; h. intelligent transportation systems (JTS). PoU~ie!JOI:.:rran~IH?rtat.!9J:U':fr 1. Strategies to optimize and m~ma~c the use oftnmsportaHon f~!dHtf.es aud [~crvkes: a, The County and the Cities shall eadl emphasize the maintenance and preservation of their existing transportation network. b. Through the regular update ofthe Transportation Element of their Comprehensive Plan, the County and the Cities should each identify and prioritize operational and safety deficiencies. 2'2. ,1dopted hy Kitsap County Ordinance 327.2004 November 22. 2004 EXHIBIT A 2"- e. The County and the Cities should utilize Transportation System Management strategies such as parking restrietions, trank signal coordination, transit queue jurnps (trank signal modification t~quipl11ent that allows busses to move ahead of other vehicles), l'atTlp metering, striping non--motorized transportation facilities, and real time sensor adjustments f(w traffic signals. d. The County and the Cities should develop and implement access management regulations that provide standards f{)1' driveway spacing and delineation and encourage the joint use of acce~jS points where practil:aL e. The County and the Cities shnll activdy seck opporwnities to share Glcilities, expertise, and transportation resources, such as multiple use pnrk &. ride/parking lots or .shared traf'lic signal maintenance responsibility. 2, Redudng tht~ rat(~ (If gR'OWth. in auto traffic, including dll~ number of Vdlieh~ trip.~1 Ule !:mmbcr of mHc~ traveled, ilnd the length of v/~hide tdp~ taken.) for both commute and non-commute trips: a. 'file Count.y and the Cities shall provide both infra-structure and policy incentives to increase the use of non.. SOY modes oftravd. l. The range of infrastructure incentives to encourage the use of non-SOY modes of travel could include the following: Since 1980, the total nurnhcr of vehicle miles traveled in the Puget Sound Region has grown twice as fast as crnployrnent and j()Ur times as 1~\Sl as population. While. it has been fueled hy a naIll.ber of factors, trying to meet tbis escalating dernand fix vehicle travel would require financial resources far heyond existing f1.ll1ding sources, with substantial negative environ.mental impacts. The shiH of travel trips from single occupant (SOV) to high occupant vehides (HOV) and frorn vehjclG~; to non.-motorized modes will benefit air quality and {he level oftra11ic cOlwe<;tioll. Provide public transit, including pre1erential treatment.s for transit, such as queue by-pa~;s lanes (dedicated bus lanes that allow for transit quelle jumps), traffic signal modi fkalions, and sat-e, trallsi I stops; .. Provide integrated t.ranskr points to facilitate seamless trips hetween transit and other modes of travel, patiicularly at (-erry tenninals, including park & rick lots, bike st()ragel~lciJities, carpool/vanpool and transit advant.ages to ease ingress/egress, with proximity to actual connection points, and innovative transit- oriented developm.ent.; .. " Provide non-recreational bicycle and pedestrian (~lcilities, including safe neighhorhood walking and biking routes to ~:chool; During th<:: development of a!! st.ate, county, and city highway capacity improvement projects, consider the market far non-SOY \ravd, and the addition of High Occupancy Vehicl(~ (fIOV) lanes, park &. ride lots, appropriate infrastructure for both bicycling and walking; R 11. The range of policy incentives to encourage the use of non..SOV modes of travel could include the following: EXHIBIT A ):'1 Adopted hy J(ifsafi ('mUllY Ordinance .3 2 7-.2004 Novemher 22, 2004 '23 .. Increa.sed emphasis on the Commute Trip Reduction Program already in place (including ridesharing incentives), with Kitsap Transit designated as the lead agency, j nc!uding program promotion and monitoring; " Managed parking demand at Jerry terminals, employment, and relail cenlerslo discourage SOY use through privileged parking ror llOY users, fee structure and parking space allocations; ,. Encouraging telecommuting and home..based businesses as a viable work alternative; m Encouraging the shift of work and non..work trips 10 olTpeak travj.':1 honrs; 1& Congestion prieing; @ Auto-restricted zones. <II Promotion of' driver awareness through cdtwational efforts. d. The County and the Cities shall develop standards that acldrctis appropriate bicycle and pedestrian faciliiies l()f development of new streets and reconslrndion of existing streets in Designated Centers and Rural Communities, c. In Designated Centers, the jurisdietions should complete missing vt:hicular and non.. motorized links tx;tween key arterials to accommodate pedestrian and bicyclc facilities, without GOmpromising saldy st,mdards. f. The County and the Cities should develop coordinated hicycle and pedestrian systems or plans, which should be consistent across jurisdictional boundaries with particular consideration to providing safe routes tor children to walk <me! to bike to school. g. In cases of substantial residential or commercial development, Ki1sa1' Transit shall rr~view and comment on development proposals to facilitate convenient use Rnd operation of appropriate transit serviees. 3. (i:nvironmcntaH impacts of t~a!llsportation poUdcs: a. Transportation improvements shall be located and construeted so as to discourage/minimize adverse impacts on water quality and other environmental features, b. The County, theeities. and Kitsap Tral1sit shall consider programming capital improvements and transporlation facilities that alleviate and mitigate impacts of land use on air quality and energy consumption, such as: high-'occupalll~y vehicle lanes; public transit; vanpool/ carpool facilities; electric and other low emission vehieles including huses; hieycle and pedestrian facilities that are designed for functional transportation. (~. The County and the Cities shall ensure environmental protection, water quality, and conformance with ESArequirements through best management practices tlu-oughout the life of the transportation facilities, induding;: 1. Facility design, and in particular collection and trea11ncn1 of storm water and surface nm-off; 24 Adopted hy J(jtsap C'01m~y Ordinance 327-2004 Novernber 22, 2004 EXHIBIT A 2~ 11. Avoiding construction during the rainy season; 111. Regular and routinG maintenance of systems. (I. The County" the Cities, and KiUmp Transit should support Puget Sound Clean Air Agency public education about an(i,vol1utioll measures, 4. Reco~mi:dng that nH~ County aUHI the f:ith\s each CfWJmpaS9 a nmgt\ of development amI density patterns, each ,jurbdktion shan dc:dt~natc its Cent'~rs coogiMent with the criteria S(\t forth in IJ:kmcnt C (if the Countywide; Pbrming PolicYL<'l,,'!:, Tlw t'ollowil1p; policicli f'{;iatc to phmb1ilif~ f~ujddin(~s in snppnrt tnwsit amR pNk~tf('bm tn-l\vcI ap[H"oy"wiate to cad} type (if urban and nnal development or re..development: a. The County and the Cities 'Jhall each prepare development strategies for their Designated Centers that encourage focused mixed Llse developrnent and mixed type housing to achieve densities and developl'oenl patterns that support Tnulti..modaf transportation. b. In Urban Growth Areas, comprehensive plans should promote pedcstrian- and transit., oriented development that includes I!CCCSS to alternative transportation and, in the interest of safety and convenience, includes features, such as lighting, pedestrian buffers, sidewalks, and access enhancements for physically challenged individuals, c, Rural Communities outside 'Urban Growth AI'eas ',hull accommodate appropriate pedestrian/bicycle connections and transit service and Ji'lei lities consistent with rural levels of service in order to minimize vehicle trips. 5. T,nmsportatioKl linkages between der.i~m;tt~(]I hH~al :md ~'cgioHa! C(~nt~~rs: a. Regional corridors shall be designmed Ii'll' automobile, th~ighL, transil. l-IOV I~lcilities, raiL marine. bieycle., and pedestrian travel between centers as parI of the countywide t.ransportation plan. b. The transportalion system linking Designated Centers within the county shall be transit.. oriented and pedestrian and bicycle friendly. 6. Freight tJ'anl'1portatlon: a. Preferred routes fl.)!' the luovcmcllt of freight shall he identified as part of the countywide transporlation plan. b. The County and the Cities shall work to ensure that compatible land uses are applied along designated freight corridors; including, hut not limited to, corridors for air, rail, road and marine traffic, e. The County and the Cities shatlllsc appropriate roadway standards lor designated freight corridors. 7. Transportation relationships with the Pug{~t Sound Regional Couucil and du\ Pcnimmia RegionaR Transportation R')larmnng (lirganization: a. The Countywide Planning PolieJif!.-'~ shall further the implementation of Vision 2020 and Destination 2030 as adopted by the Pugel Sound Regional Council. 25 Adopted hy Kitsap County Ordinance 327~20()4 November 22, }004 EXHIBIT A 25 h. The County and the Cities shall actively participate in fhe Puget Sound Regionai Council and the Peninsula Regional Tran.spm.tation Planning Organl;/.atioll (RTPO) to assure that transportation planning in the two regions is consistent and accurately rel1eets local needs related to identified regional system components. . c. The Kitsap Regional Coordinating Council shall serve as the point of coordination to assure Puget Sound Regional Council and Peninsula RTPO plannillg programs are eonsistent and mutually benefjeial to jurisdictions within Kitsap County. d. The Transportation Improvement PI'ograrn errp) [(n' Kitsap County shall conlinue to be a part of the regional TIP adopted by the Pugct SOllnd Regional Council. I ,ocal review, comment and recommendations shall he coordinated through the Kitsap Regional COQrdinating Council. 8. ldCltltinl:atim!i of needed trauslHlrtation related h,dlities a!l1d\ se!i.vktcs within Kitsap County: . . a. The Puger Sound Regional Coum:il and thc Penjn~;ula RTPO shall identify regional system components and relatcd improvement:,; within Kitsap County with the concurrence, of the Kitsap l~egjonal Coordinating Conncil. b, A counlywide transportatiol} plan devdopcd by the K.itsap Regional Coordinating Council shall he prepared pursuant to the Orowth Management Act to identify countywide transportation f):lCility and service needs. A technical committee including transit and local. regional, unci state transportation providerf; shall be used in this process. 9. CoonJinatRml of illltra-coumty tnmspl.H'tatiodl planning efforts: a. The Pllgel Sound Regional Council reviews Citk:s' and tht~ County's Comprehensive plans for consistency ofland use and transportation elements. b. The County and the Cities shall address compatibility betwccn land u::;e and transportation facilities by: I. Not using new road improvements to justify land use intensifIcation; ll. Managing access on new transportation facilities outside t Jrban Growth Areas; 111. Allowing phased developmenl or improvements ine/ueling acquiring right of way; IV. Using comprehensive plans and development regulations to ensure that devdopment does not create demands exceeding the capacity of the transportati.on system, such as: density limits in areas outside of Urban Growth Areas; concurrency management and adequate public facility regulation: integrated lllulti-modalund non..motorized networks. c. The County and the Cities shall work logether in a coordinated, iterative process to periodically reassess whether regional tand use and Iramlportation goals can realistically he met. If transportation adcquaey and concurrency cannot he met. the following lctions should be considered: i. Adjust land use amI/or level of service (LOS) standards; )6 Adopted hy Kifsap ('ountv Ordinance 32/.2004 Novemhcr 22. 2004 EXHIBIT A 2b 11. Make full use of all feasible local option tramiportation revenues authorized but not yet implemented; and JIJ. Work with Washington State Department of Transportntion (including Washington 8tate Ferries)., Kitsap Transit, and the private sedor to seek additional State transportation revenues, state and federal grants for infrastructure improvements, and local options to make system improvements necessary t() accommodate projected population growth. d. Adjacent jurisdiclions in Kitsap County shal] ckvclop consistent street class! ficatian system and street standards. (;~. Kitsap Regional Coordinating Council may establish a process for cvaluating development impact:. including those that may (fJred neighboring jurisdictions within tbe cOLlnty. 1'. The Kitsap Regional Coordinating Council shall function to ensure thaI transportation planning, system management and irnprovernentfi at local, regional, and state levds are coordinated, complementary, and consistent with adopted comprehensive land use plans. 10. Coordinated and t~onsistent level of ~wl'vke (N ,OS) stamhntrd:;;: a. The County and the Cities should develop eomparahle level of service standards among the County, CWes and the State of Washington for identified regional systern components. b. The County and the Cities shall adopt roadway LOS standards. Urban growth mamigcmcnt agr(;~ements shall designate level of servLce standards. c. The County and the Cities shall adopt transit f,OS in the fonn or "Servi(jc Standards" adopted by the K itsap TnUl~,it Board of Commissioners. The standards shall consider both frequency of service and bus capacity. d. Consistent with State' law, the County and Cities shall re(~ognize the Lewd of Servkc Standards for Highways of Statewide Signi ficance, including principal arterial ferry routes, that have be(;~n adopted by the Washington State Transportation C.:ommission. in t.heir respective Comprehensive Plans. e. For State highways and facilities of regional significance, including the Southworth ferry ronte, the County and the Cities shall im:lude the Level of Service Standards adopted for these roules by the Puget Sound Regional Council and the Peninsula .RTPO in their respective Comprehensive Plans. f. On highways and streets which are subject to concurrency reqllirements, the County (md the Cities shall each identify capacity clefkicncies and either address them in terms of identified funding, adjust the LOS standard on a temporary basis, or place a t.emporary moratorium on development. g. On highways and streets which arc subject to concurrency requirernents, new development should not cause LOS to degrade to a level lower than tbe adopted standard, consistent with State law. 27 Adopted hy Kitsa{l C'ounzy Ordinance 327-2004 Novemher 22, 2004 EXHIBIT A 21 F3kment t AffordabAe Housnng Thc Growth MEl11agcmcnt Act requires eitics and counties to encourage the availability of housing that is affordahle for all income levels at a variety of housing densities. LOl:aljurisclic.tions are also encouraged to preserve existing housing resourc.es in their comnmnitics. The following definitions relate to the Countywide Planning Polic:y.i~S: Below Mag-ket RMe .Hmlllhn~ shall mean housing intended for low.-to-rnidd1e income households. These income levels are further ddlned as follows (W AC 365.1(5): 01 Extremely low..im~omc shall mean those households that have incomes that are at or below 30% of the eountywidc median. 10 Very low-iltl(~omc shall mean (hose households that have incomes that arc within the range of 3 I .. 50% of the countywide median. " Low-h~comc shall mean those households that I)ave incomes that are "vitbin the range of 51 .. ROIY() of the countywide median. . a Moderafc-if>>eom{~ shall mean those households tllal have incomes that arc within the range 81-95% of the countywide median. " Midcl!e..income shall mean those households that have incomes that are within the range of 96.-120e/'{, of the countywide median. Market Rate H.ousing shall mean housing intended fhr how.d101ds with incomes that are greater than 120% of the countywide median. roli(~ic~J.(}LMfo rdH 1t!~J~9J~~ipJXi~U.h L Coordinated process among County, Citi(~S, and housing agc!H~ics for d<et(~rmining and fulfming housing m;eds~ and the equitable lHsh"ibutiol1 of bdow m~lrk,~t rate housnng in Kitsap County: a. The County and the Citi.es should inventory the cxisting housing stock consistent with the; (irowth Management Ae( following ea<:h decennial census review, and correlate witb current population and economic conditions, past trends. and ten year population and employment forecasts, to determine ShOli: and long range housing needs, ine1uding rental and home ownership. Navy personnel housing policy should also he considered. b. Recognizing the percentage share or the existing and forecasted countywide population and the distribution of existing below market rate housing, the County and the Cities should develop strategies to equitably disperse projected c.ountywide below market rate housing needs throughout Kitsap County in the Urban Growth Areas and, where they are sped fica1Jy tound to be appropriate in consideration of ex isting clevelopment patterns and densities, in designated Rural Communities. c. Local housing inventories, projections, and equitable distribution strategies should be compi !eel, updated, and monitored under [he coordination of the Kitsap Regional Coordinating Council to identify countywide conditions and projected needs. 2& Adopted by Kitsap County Ordinance 32?2004 November 22. ?004 EXHIBIT A 2'6 d. The County and the Cities should each identify speciiic policies and implementation strategies in their Comprehensive Plans and should enact implementing regulations to provide a mix of housing types and Gosls to achieve identified goals for both market rate and helow market rate housing. 2. Recognizing th~d the'Hllarkct plaec makCN ade(]ua~e provision foE' thOf<)C in th(~ upper cconomnc brnchet!i, each ,judsdicthm should considert !1OUH\ comhimHion of appropriately zoned bmd, regulatory l.nccntins, Hnandal subsidies, and imwvatiive plallming tedmiql.!!e~ to nmlHo lMk9uak provisimu, for the needs of middle ~md lower l.ncmr!c A:H.~i<!i1OiiSo (WAC 365.) 95-070.6) 3. PJ'Hvision of below market" rate how,ing: a. Local comprehem~ive plan policie:; and development regulalions shall encourage and not exclude below market rate housing. b. Below market rnte housing strategies should include: 1. preservation, rehahilitation and redevelopment of existing nei.l!,hoorhoods as appropriate, including programs 10 rehabililate substandard housing~ l' provision for a range ofhollsing types such aR multi.fhmily, single family, accessory dwelling units, cooperative housing, and manufactured housing on individual lots and in I1Hlnuhleturccl housing parks: III. housing design and siting compatible with surrounding neighborhoods; IV. mechanisms to help people purchase their pwn housing, such as low interest loan programs, "self-help" housing, and consumer education. c. Each jurisdiction shall promote the development of below market rale housing in a dispersed pattern so as Ilollo concentrate or geographic:ally isolate low-income housing in a specific area or community. d. Below market rate housing should be located throughout K itsap County in [1 manner to provide easy access to transportatioJl, employment, and other serviees. Designated Centers should include below market rak housing. Rural self.. help housing programs should be encouraged cith~;r in or outside of designated Rural Communities. e Housing policies and programs shall address the provi~;jo1l of diverse housing opportunities to accommodate the homeless, the elderly, physically or mentally challenged, and olher segments of the population that have special needs. f. Innovative regulatory strategies shall be developed and implemented to provide incentives fix the development of below market rate housing within Dcsigriated Centers. Jurisdictions shall develop strategies which provide a wide range of opportunities for promoting the production of below market rate housing through nlei:lnS such as: reducing housing (:ost by suhsidizing utility hook-up fees and rates, impact fees, and permit processing fees; density incentives; smaller lot sizes; zero lot line designs; inclusionary zoning techniques, such as requiring below-market rate housing in new residential developments; transfers of development rights and/oj' a priority pennit review and approval proc~~ss. 29 Adopted hy Kifsap County Ordinance 327.2004 Novemher 22, 20(jLf EXHIBIT A 2q g. Policies and regu lations shall encourage the production of below market rate housing. The Counly and the Cities shall incorporate cl regular review ofpubJic health and safety regulations pertaining to housing implementation strategies 10 assure that protection of the public health and saf~~ty remains the primary purpose j~)l' housing standards. h. The County and the Cities shall participate with housing authorities estahlished to f'flcilitate the production of below market rate housing. The County and the Cities shall also recognize and support otbe;r public and private nodor-profit housing agencies. Supporting housing agencies is encouraged through public .land dOllations, guarantees, suitable design standards, (ax incentives, fee waivers, providing access to funding sources and support for funding applications, or other provisions as appropriate. 30 Adopted hy KitsafJ County Ordinance 327-2001 Novemher 21, 2004 EXHIBIT A '30 Elt~ment.f. Countywide Ii:eonomk Developnlen~ Growth Management Act requires that general eeonomic development policies be identified in the, Countywide Planning PolicYlg~ l'lreeess. Consistent with the goals of the Act, economic development planning must be coordinated with local comprehensive plans. The intent oflhe following policies is to encourage coordinated economic growth among all jurisdictions in Kitsap County and to add predietabiJity and certainty (0 the privateinvestmenl decision. ~~QJici,~~Jo tJ~,Q!!!!!y.lyi~~,~:J~~fQ.1!5.!!1!J.l~D~!!y~gQR!'!I CI!t.1JK!!l;, J. A general stltat.egy for enhancing ccotwmk dt)vdopnHwRt ami empioyment; a. The County and the Cities recognize that a healthy economy that provides opportunities fhr diverse segments o1'thc community is important to the quality ol'lil~" in the county. Ecol1om.ic development should be balanced with environmental concerns and protect tbe quality of life. b. The County and the Cities recognize thai the economy in K.itsap County is very dependent 011 the U.S. Navy alld divcrsifkation is necessary. The COUn1y and the Cities shall collahorate with ports, tribes, and other special districIs to encourage economic growth and diversification that is cOfl.sistent with comprehensive plans and polieie,s fe)!' land use, transportation, Pllhlic transit, regional water supply, capital faeilities. urban governmental services and environmental quality. c. Local governments are encouraged to utilize the Economic: Development Council as a resoUl'ce to provide advice on economic development necd:'i, the potential for retaining and expanding existing industries, including the U.S. Depl. of Dd'ense, and attracting new industries, especially those thaI would improve wage and salary levels, incre'ase the variety of job opportunities, and utilize the residenf lahor t()f'ce. d. The County and the Cities recognIze that widespread access to broadband capability v/ilI enhance economic development ill Kitsap County. Local governm(~nts <m~ encouraged to collaborate with the Economic Development Council to promote the expansion of telecommunications in Kitsap Connty and to coordinate telecommunications policy with regional and federal agmlcies, induding public utility districts, Bonneville Power Administration, regional transportation planning organizations, and neighboring counties. c. Efforts of educational institutions to improve and expand vocational and POsH\ccondary education programs should he supporled to assure a highly skilled, technically trained resident work force. 2. The role of government lllgmH~ies in assuring coordinated, consish~nt efforts to llromote economic vutality and l~(luity throughout Kitsap County: a. The County and the Cities shall promote Urban Growth Areas and existing industrial sites as centers for employment. h. The County and the Cities shall encourage the full utilization/development of designated industrial and commercial areas. The County and the Cities shall promote revitalization within existing developed inclllstri8! and commercial areas to take advantage of the significant investments in existing huildings and infrastrueture. :1 I Adopted hy Kitsap Coun~y Ordinance 32?200Lj November 22, 2004 EXHIBIT A 3\ c. The County and the Cities sbaH cooperate with tribes., ports, other special districts, and a/1 economic development interests to identify the capita! {~Ieility needs of designated industrial and commercial sites and investments 1.0 support economic development. d. The County and the Cities shall collaborate with tribes, ports, and other special districts to identify innovative developmcnt methods sneh as public and privHte partnerships and community deveiopment assistance financing to increase economic vitality. e. The County and the Cities shall collahorate with the r,:nc and the Ports to establish a common method to monitor the supply of designated commercia! and industrial sites and to ensure adequate land supply fl}r the expansion of existing en{t~rprise::; and lhe establishment of new eeonomic enterprises. The rnonitoring method shaH indieate environnlcntal constraints, infrastnwturc availahility and capacity, and shed I use the Kitsap County Geographic lnformatiml System and Land Capacity Analysis as a regional database for this information. f. The County and the Cities shall establish common infi'astructure policy and standards, including telecommunica1 ions illlhlstructur(~. }. The K.itsap Regional Coordinating Couneil c;hall coordinak the development orland ~mrrly monitoring methods, comrnon inihlstrueture policy and standards, and other strategies among the County, the Cities, Tribes, Ports, and other special (U~~tricts to encourage eeonomie development in Kitsap C:ounty. h. The County and the Cities shall e;ach establish and monitor a development review process that is timely, predietable, efficient, li:!ir, and consistent. i. Where more than one jurisdiction is involved in planning and permitting a husiness development, the jurisdictions shall work collaboratjvely to provide consistent development regulations and permitting, .J. The County and the Cities shall encourage small business enterprises and cottage indust.ries, and allow appropriate and traditional home occupations as permitted by local regulations. 32 Adopted hy Kitsu!) County Ordinance 327--2004 November 22, 2004 EXHIBIT A 31.. 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Aot: 33 Adopted Ily Kifsap County Ordinance 327--2004 November 22, 2004 EXHIBIT A 33 Ii.:Jement Lo Coordination with 'fR"ibal GovenmHmts The Suquamish Tribe, the Port Gamble S'l(lallam Tribe, and other federally recogni;;:ed Indian tribes have reservations and/or trust resources within Kitsap County, Washington. These tdbes are parties to treaties with the United States Government through which certain rights and privileges both on and off reservation were articulated and remain in cUcci. These tribes have authorities, responsibiliti(~s, interests and treaty rights within their respective reservation boundaries and Usual and Accustomed Areas. Since fiJture growth and land use decisions in Kilsap County anect aU governmental entities, governmental agencies mllst be weB informed and continuously involved in regional and local planning. }:o!icl.~.u~L(: 00 Kslina !i~mJyj th J' i'ili~~(;J!.venpJ!H~I!.t!J{(~-Ih I. MeaningthJ and substantial opportunities for early and continuous tribal government participation shall be incorporated into regional and local planning activities. 2. Local jurisdictions should work with the tribes to develop agreements that provide for discus:'>ion on comprehensive planning i.-,sues among governments and ensure that the tribes are consulted on issues within their interest. Th{;~ parlies will jointly determine thl;; appropriate contents of the agreements and a schedule for cOlliplcting them. 3. Tribal governmenl.,<;, J{x!eral agencies, and county and local governnlenls are enc:ouraged to coordinate plans among and between govermnents and agl;~ncies to address substantive areas or mutual interest especially where geographical areas overlay and prornotc eompleniCnf.ary and cooperative eff(Hts. 4. City and County governments are eneouragcd to include Tribal governments in joint comprehensive planning and development acfivities fhr areas within the Tribes' Usual and Accustomed areas. Activities include hut arc not limited to the establishment and revision of urban growth boundaries. distribution offorecastecl population; regional transportation, capital facility, housing and utility plans; and policies that may afTeet natural and/or cultural resources. 5. All County, City, and Tribal government agencies shall be included in the normal public notice and comment procedures or other agencies alld kept ilrl~)rrned of matters of interest to them. 6. The County, the Cities, and Tribal governmental agencies are encomaged 10 keep one another informed ahout matters of local and regional interest by mutually agreeable means and schedule. 34 Adopted hy T<itsap County Ordinance 327-2004 Nuvemher 22. 2004 EXHIBIT A 34 Element M. Coordination ,with Fcdcnd Govenmwnt im~h.iding Navy The federal government has unique authorities, respom;ibili!ies, interests affecting land use and other activities. Since the impacts or future growth and development in Kitsap County affect all govermncl1la! entities, governmental agencies must be well inf~)),]Tled and continuously involved in regional and local planning. ,roli~~.~_f~..L(&.Qx~m~l!Q..t:u:dt.#!",E~Qgx~!!J;^~~yg,I.:~Jl:!].~!.l.t(!: ii~t I, Meaningful and substantia! opportunities !()r em']y and continuous f(:~de!'a] government participation shat! be,incorporated into regional and local planning activities, 2, rt is recognized that constjtutional and statutory provisions rnay corwtrain federal government agencies from entering into local agreements and processes. I fowever, when possible, the County, the Cities, and federal governments should establish intergovernmental cooperative agreements promoting coordination and involvement in activities that are of mutual jnten~s(, 3. Federal agencies [tne! county and local governments are encouraged to coordinate plans among and betwccn govcrnmcnls and agencies to make plans as consislent and compatihle as possible for properti~~s over which they have authority or ac.livities they authorize and the adjacent areas affected. 4. Federal govennnent agencies are en00uragcd to partkipalc in City, County, and joint comprehensive planning and dev(;':loprnenlllctivitie~.; that may affect them, including the establishment and revision of urban growth Clrcas eneompassing, adja<;enL to or within federally-owned lands; distribution of tim::casted population; regional transportation, capital faeility, housing and utility plcms; and policies that may anh~t natural and/or culturai resources of i nter(':sl. 5, The following policies r(~la{e to promoting coordination among the Cities, COllnty, and the federal government including the Navy: a. All jurisdictions should promok planning that: considers the impact of new growth to avoid the potc;ntia\ f()l' encroachmcn\ on military readiness activities as d,;scribed below when developing zoning ordinances or designating land uses afketing military nlcilHies. Each jurisdiction and the Navy should c.oordinate [0 icle'nti!y the types of development and areas of interest to the r~avy, method of notice, and opportunities for comtm~nt. h. "Military readiness activities" rnean all of the fhllowing: i. Training, support, and operations that prepare the men and women of the military and Naval ships and submarines for combat. 11. Operation, maintenance, and seeurity or any military installation, iii. Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for comh<it lIse. c. "Impacts" include but are nollimited lO: i. Aircraft:, hoat, and rail traffic, 11. Incompatible adjacent land uses. 35 Adopted hy Kitsap County Ordinance> 327..2004 Novemhel' 22, 2004 EXHIBIT A 35 d. Through the Kitsap Regional Coordinating Council, jurisdictions should monitor issues that arise in implementing these policies, and should identify arem; for improved coordination. 6. All County, City, and federal goveriJl11cntal agencies shall be ineludcd in the normal public notice andcommcnt procedures of other agencies and kept infbrmed of matters of interest to them. 7. The County, t.he Cities, and f(.~deral governmental agenci{~s are encouraged to keep one another informed of matters of loeal and regional interest by mutually agreeahle means and schedule. % Adopted hy Kitsop County Ordinance 327--2004 Novemher 22, 2004 EXHIBIT A 36 Element N. Roles and Responsibilities The County, Cities, Tribal governments, and special districts are all involved in planning activities related to their statutory authority and responsibility. In addition to the responsibilities defined in previous countywide planning policies, this section further clarifies the planning roles and responsibilities ofthe KRCC and member agencies. Policies for Roles and Responsibilities (RR): 1. The KITSAP REGIONAL COORDINATING COUNCIL was established by interlocal agreement (see Appendix E) to assure coordination, consensus, consistency, and compliance in the implementation of the Growth Management Act and comprehensive planning by County, city and tribal governments within KitsapCounty. The Kitsap R~gional Coordinating Council also provides a voice for all jurisdictions and opportunity for citizens and stakeholders to provide input to planning policies to be applied countywide. The interlocal agreement adopted by the County, the Cities and the Tribal governments declared that the Kitsap Regional Coordinating Council is necessary to maintain a regular intergovernmental communication network for all local and tribal governments within the county, facilitate compliance with the coordination and consistency requirements ofthe Growth Management Act, provide an effective vehicle to resolve conflict among and/or between jurisdictions with respect to urban growth boundaries or comprehensive plan consistency, and to build consensus on planning solutions for countywide growth management issues. The Kitsap Regional Coordinating Council shall: a. submit agreed-upon recommendations on behalf of member jurisdictions to multi-county regional agencies and State government on proposed changes to multi-county regional plans, State plans, and laws; b. provide a forum, as necessary, for achieving coordination in the development of local plans and resolving planning and plan implementation issues that are common among jurisdictions; c. promote coordination and consistency among local plans and between local plans and the Countywide Planning Policy and the Growth Management Act to the extent necessary to achieve regional policies and objectives. Through the Kitsap Regional Coordinating Council forum, jurisdictions should establish a process to monitor and review individual comprehensive plans and associated implementation mech,misms to determine consistency with the Countywide Planning Policy. d. serve as a forum for resolving disputes locally. The process shall not preclude appeals to the Central Puget Sound Growth Planning Hearings Board if the local process has been exhausted without resolution of the dispute; e. promote coordination of educational programs and the dissemination of planning-related information of regional interest; f.. coordinate the review, revision and monitoring of the Countywide Planning Policy; g. apply for grants and administer contracts relative to regional tasks and plans; h. conduct the region-wide growth management planning consistent with these policies; EXHIBIT A 3i 1. initiate and coordinate the development of other regional planning policies and implementation mechanisms that may improve the effectiveness of the comprehensive planning process. J. define and implement procedures that assure opportunities for early and continuous public involvement in policy discussions facilitated by the Kitsap Regional Coordinating Council. 2. KITSAP COUNTY is the regional government within the county boundaries providing various services within unincorporated and incorporated areas as required and specified by law and by legal agreements. Kitsap County shall: a. be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits for the unincorporated portions of the county; b. be responsible for coordinating water quality planning in multi-jurisdictional watersheds and for other environmental planning activities as agreed to by all affected and interested jurisdictions; c. be responsible for coordinating the response on the listing for the federal Endangered Species Act in mul ti-jurisdictional watersheds as agreed by all affected and interested jurisdictions; d. be responsible for being a regional sewer provider to the unincorporated and incorporated areas of Kit sap County as needed to improve water quality consistent with levels of service outlined in the County Comprehensive Plan; e. maintain a geographic information system to serve as a regional planning data base; f. execute Urban Growth Area Management Agreements with each city to address joint issues identified in the Countywide Planning Policy and other matters agreed to be of mutual interest; g. define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 3. CITIES within Kitsap County provide a variety of services primarily to residents within their respective municipal boundaries. Cities shall: a. provide urban governmental services as identified in the Growth Management Act (Chapter 36.70A RCW) and adopted Urban Growth Area Management Agreements; b. be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use pennits within the incorporated portion of the respective city; c. coordinate varticipate with other agencies as appropriate in multi-jurisdictional planning activities including but not limited to environmental planning. . e. g. water qualitv vlanning and coordinating the resuonse on the listing for the Federal Endangered Suedes Act in multi- jurisdictional watersheds transuortation ulanning: and growth management strategies; d. execute a separate Urban Growth Area Management Agreement with Kitsap County to address joint issues identified in the Countywide Planning Policy and other matters agreed to be of mutual interest; e. define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. EXHIBIT A 3~ It! 1.: Appendix A: Kitsap Coml~wide Plannmg Policy Ratification Process c ~--________________~ Draft Revisions through ~ COlli'1t'j, City, & Tribal COQDcils revi.ew ! Planning Directors i possible revisions to the CPP's I - - - - - - - - -1- - - - - - -.- - _, e III ill ] ~ the KitsapRegwnal k"",- Coordinating C()cmcu Board ; Adopt and Recommend CPPs i Discuss cPP's [ .....', Re1~~s~ !dra~ for Public COIP..ll1e~\ PUblIc .heanng \~/ :3M.ooni.i.~tnn:;>s::/<'J; I Discuss cPP's '. ~.. Recommend to County, Cities, & !' " $ i./;& , , ! 1 & ~ I ~ t ~ I . , t :~I ~ I A';:5..,. .....;L~. 'l> /. ...Estfuiated< "'\ ~ ~i City & Tribal Councils Ratify Resolution to RatifY (Vlithin 90 days of County ordinancekLc:~ . :. ~~s. , (:~~.~~;~hi?':c) ~o ResolutIOn: abstentlOn:-:-'--;~~'--'/ ~ Kitsap County Arlopt~on by Ordinance Kitsap County Public Hearing Kitsap County Ordinance (may change document) m >< ::z: - m ::j ;z:. Q '" ij ! i + i If 2+ Gdes don't I ~ R ..'$:. .~ l.. ... . f--. .J .. a~hi or l"-,,s~am: I J'O vRCr fo" ! :;.. 1..":1.....:..' ""--'.L .r ) furtne~~.~cUSSi01~ t C r; 0' TOE'''''' I ount}' \J1"dlnanCe .. aKes Iiect I Begin 60 day City/State I A I"P'"d "l\.r'B I", ' .~" cno ' to (j",H r60ttayS ",. ~j !.ll l' 3+ Cities Ratify Note tIlat the ~ Kitsap Regional Coordinating Council a..l1ticipates retinements to this process over time. I I I . ~ I I I f I I I i J a Adopted b),; Kitsap County Ordinance 327-2004 l'lovember 22. 2004 l)...) -S:> Appendix H: Population Dlistrributkm 2005 ..2025 -----------------..----------- 2ooo-nl~____ _______m__ n_ nil.()_~~J!/025 r ___________ Popul<.ition Distribution p :) I ti)< I -+ New :::: 1 o~al I Anrmal ~~e~~~~.h!~~~~~::;I:~j~;(~j:-~l~wO!l~::~~~?~=t~~r~! --~~~$~PR~~;1j~~_\~-~----- - ____________1_ - --- ---21~f43----j------f3~-~~3-------- - ---30-,~16 -- -- ----:.1f:~g~~o-_i ~~~~~~~;~...-JI~1~~.l~8i~iuL ..?lj1~~i~DJr I ~i~g~;~~.95~*~-r-~G.Lty-~ ---I?f8~i~8 -I m~:-f~~ 125~o~660-----1~~~~--j ~"=s:=~-~~~-:-~,~u...u .u.:l. -~~~T.u ..u..r -Uk~:-l~Q~~~.u....u~:-J1l-1 _fQ_tj_grq-'~~c! gl.t~ ___,,_ j _.?,6~~__ _ __.t_ _ __ 3J6QQ_ _ _ j _ _ _1Jr?:~~____L__ __J :~_?_Yo.._ _ _/ __________.________~L<:if\~_..___ _ ---l 1_1,510 __ !.. _ },37fJ ____ _ 1~J~~~_h_1:9.::1~o__1 I Pori Orchard UGA Expansion ! () I G' 334- I 6 3: 34 I I Study Area 3 ()" , ), ,- [_$..9ji[h-~t~~?-Q_QQz:;~_ r= _________ __ _______ _ _ ._ _______I_?4T~~_~-_:_j _~:_ _ ____:_~~Q~1_--_:_ ____:_ _~_ __-If?~:~__ _____ -1-- _--_JL~Z~__ __ _ h~g-~~J?-~~<!!lQ!"!----n:h------- _____________J~.;1.L~_~1.__5_8% 75,~@'7 .!6'J!! -- __?:Q~,?~;?1_g~~ _ 11_ ____ 1:.?~L~____ [I~~-i~~~ifIE~t~j~:j~~~: __ -----9.~1iy~!~f~ ~2!':~flQ~~~: r 1:~_23~_r~-f?L - -- ---~~~j~~- - -j t f'-Ql~E~o~~~~~:-t.b!:.ii.tID-~-:~O'~~-----lt~~;~~~~i~~~ ~-=:.. - - -- ---:~==:-::-~ :l-::-::-.~~:~~~~r-.--=--T:-:-:- -.:-~~~.~~-- =:-..:::--=:-=~-::.::-~--:--------- ---:__~__ __:__-_-__n::tHiQh~::=::-_=:=-_-_ _ _____n____ __ _ __.t - 41_?L?r~l__ _ _ n -. - __:X3~{~;'- I Kitsap County !-!istorical Growth i _ ._mJc~~;UsT-A~~~al -I ::~_==~~~~~t~r~r~nl~atei r- __h_ _J9_~_Q -_ ___J ~~,-nl___I-___ __Lt?Z~~o_n_____1 1____2~~~~.I;;~:;;J=_ _~;~;_! Based on PSRe Model 2 BasE~d on City and/or County Comprehensive or Sub-area planning 3 Targ(~t to be substantiah'Jd by further analysis and/or Sub-area planning 4 Office of Financial ManafjHrnent official estimate Not(!: POlJu/aljOlUJg!l~iJJ1!..i.1Ji d.~r;J:.ibed itl.K.ft.WJ2 (QlmfY":'QJl12d{Jj.l2Q (:0l11l?.rebel1sil'e [,ki!l Lll:l1.f!J212lies to. the-Il.otential n.f&Jij'1Ejg_\tfj!l._UrL4~~ fl!.,lL_CW1J.[(1LKH8J!PJ.1!1..11'Qr.k xxjt h fldji!r.?l1L(;jtjf!i..lg_1~~Qll'f:..J!:.!1!.llf[ 12.Qj]1fl.cllk21LgJ:.Ql{' tb_lf!l1!,flS 1l1!:21!I:fl.1!11 QQAMA 01' to re--allo2..Qlfl--l2f!Jl.Wg!i@ 0..Qihgl' UQA 's gver__IiJJJ!b.JiJJ.:QJjgl1.ffl!!. Kit{fI!]}J~giQ11lJ/ QQQ]:qj!WJir]JJ..CQlJI:!gi[ E.r<12.gss. "..-..--- .-_...-.. '",._--.~.._- - .. ~-,~.- _.- ._,,_.".- ---_.__._~- '-'-~--'-"-----~---- ~.~-'--_._._-~._~-----~.__..._...- ---....-.,-.....-.-- Population distribution will be reviewed through the :";{~f;'&~:_Ki~\I!1Z &u;iri!IQL(:PQz:4jun/iml_{;W!!.J(i! process every five years, The review will include an analysis of [he Cities' fmd County's progress in achieving target distributions. If the 7(/1.) UOA targ(~l mentioned above for new population growth and the overall population targets are met or ex(:ceded, the target for new population will revert to lIvc sixths (83%), as per the revised County--wide Planning Policies adopted by Kirsap County Ordinance #2SR-Ol on August 20,2001. Otherwise, the target may be l'eaffinned or explkitly modified, -"'--'-"~--f)--"---"->Td()pt;a7))-;XJis(il)"(~;)u;--i~;{Jr(llnan(;(~-32 7-- 2JHJ;.(-' Nnvemher /;, 2004 EXHIBIT A 4-0 Appendix C: Urban Growth Area Mam~gcmel1t Agn~(~mcnt8 The hrtcnt of ih() {kh~m Growth Area JVianagemclilt Ag>>'i~cmcnt is to flltcWtatc ami cncom'ag'~ annexation and/or incol"poration of urban !U'{)as over the 20 year planning pCl'iod aud to ensure (~ompatibmty of development within ~Jw unincorporated QJrban Gnwlth Area, Each lJrban Growth Atca Manag(~mcn( Agreement 1'lhali: I. Describe the goals and procedures of the joint planning process including roles and responsibilities !<)J' the unincorporated l Jrhan Growth Area, with the goal of having identical City and County plans, zoning, and development regulations. The following provisions should apply to the entire Urban Crrowth Area associated with the City unless mutually agreed othenyise by the City and County: 1. The City's zoning code, densities, and developmen1, sub.~division, enyironmcntal, and construction standards. II. The City's Levels of'Service. iii. The Comprehensive Plan of the City should reflect land use planning for the entire Urban Growth Area. 2. fdentHy responsibility and mechanisms f<.Jf comprehensive plan amendments, zoning changes and development applications within unincorporated Urban Growth Areas. Significant weight should be given to City prefhel1ces. 3. Identify services to be provided in the Urhan Growth A rea, the responsible service purveyors, ana the terms under which the services shall he provided, including: Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Utilities: Power and Telecommunications, including broadband where available EMS All service providers, including special districts, and adjacent jurisdictions should be included in Urban Growth Area planning. 4. Reference the adopted Revenue Sharing Inter-Ioeal Agreement (see Appendix D). 5. Descrihe the City's pre..annexation planning, which shall include: I. Conditioning City service extensions upon actual annexation J'(lf properties contiguous to the City bound.ary or to agreements of no protest to future annexation Ow properties not contiguous. Ii. Offering pre-annexation agreements to property owners interested in annexation and needing assurances from the City aoout scrvice~L planning, or otht;]" issues, c Adopted hy KiLI'a!? County Ordinance 32'l.2004 November 22, )004 EXHIBIT A 41 Appendix J) .fnf:erlocal Agre~~meut Between Kitsap County and tIw City of ni}innwidg(~ Island, City of' Brcmerton, City of Port Orchard and City of Poulsho Com~eming; Revenue Sharing lJpon Annexation and In Con,jmH~tion 'With Ma,im. Land UI';{~ DcciSlioHI-I Within a CitY'lllJrban (;rowt:h Area (adopted l~y ail parties il1 Novemher-Det'crnber, ,20(}!) This Agreement, made pursuant to Chapter 39,34 HeW, is between KITSAP COUNTY (hereinatler, the County), a political subdivision oftbe State of Washington, and the CITY OF HAl NBRfDGE ISLA ND, the CITY OF BRFMERTON, thc CITY 0[,' PORT ORCHARD, and the eny OF PO\H,SBO, (hereinafter, the Cities), municipal subdivisions of tbe Slate of' WashingLon. WHEREAS, through the Kitsap Hcgional Coordinating Council (hen~j.nH-1l0f-/(Nf:~J, the County and the Cities have worked togetner constructively on revenue sharing issues that in the past have been adversarial; and WHEREAS, the County Elnd Cities sought a balanced set of revenue sharing provisions tbat would benefit both the County and the Cities and support the orderly evolution of logical land use patterns and jurisdictional boundaries; and WHEREAS, the County and Cities reached accord on a set of Principles of Agreement for Revenue Sharing in Annexations and in Major I,and Use Decisions; and WHEREAS, the County and Ci[ie~:; desire to implement the Principles of Agreement through an intcrlocal agreement; NOW, THEREFORE, in consideration of the mutual covcnanis, terms CInd conditions contained herein, the partit~s agree as follows: SI':CTlON 1 ANNEXA'nONS The purpose of this sec.tion is to provide a framework for logical and orderly annexations that are consistent with the (irowth Management Aet, Chapter 36.701\ RCW (hereinafter GMA), and to mitigate the fiscal impact to the County of annexations initiated after the cilective date of this agreement. LIThe Cities each confirm tlwir wi llingness to eventually annex a!lland within their designated Urban Growth Area (hereinafter UClA) boundaric,'L 1.2 Each City shall encourage annexation of all lands equally, and will support logkal and coordinated annexations, consistent with Lbe intent or/he GMA. 1.3 As part of the J~B(':.(Y'sl~i(\:I'ljB(!2J~.{)Cl(//('()(y:(ljlUai!lg (,:oilunL\: 2002 Work Program, the County and Cities will continue to address coordinated dcvdopmcnt within tbe UClAs, including inft-astructnre Mandards and funding. 1.4 Before the County COl1struets a major infrastructure improvement within a City's designated UG^, the County and the City will negotiate and execute an interlocal agreement that specifies the level at which the City shall reimburse the County for a portion of its investment in the infrastructure improvement if the area \vhere [he improvcment is to be located is annexed within a specified period of time, 1.5 The County and the Cities anticipate that each specific proposed annexation will require negotiation of other issues particular 10 its time, place and geography. The Cities and the County commit to completing these ncgotiiltions and. executing an interJocal agreement on such issues in a tim(~ly manner. d AdopTed hy Kilsa[J ('mmty Ordinance 327-2004 November 22, 2004 EXHIBIT A 41, 1.6 As part of this agreement, the County will not oppose annexations wilhin that City's designated UGA or invite the Boundary Review Board to invoke jurisdietion. L 7 The Cities agree to share with the County revenue lost to the County and gained by the an~lexing City as i()lIows: A. Revenue sharing payments shall be based on the f()lIowing three sources of revenllC: J. The County's portion of the local retai I sales tax levied uncler Chapter 82.14 RCW; 2. The ad valorem property tax levied by the County pursuant to RCW J6.82.040 for cs1ablish111ent and maintenance of county transportation systems; and 3. The admission lax levied by the Connty pursuant to Chapter ~Hi.38RCW. B. Par purposes of this Section, "lost revenue'" means an arnoun( computed as follows: The comhined total o{'jhe County's colledions from all three SOllrces within the annexation area during the calcndf.H' year preceding annexation nll!1lIS The cornbined total of the County's collections from all three sources within the annexation area during the first full calendar year following annexation. C. The amount of the payment from the City to the County will be hased on a three-'Yl;~ar "'loll landing" approach as follows: ,. The Year 1 payment will be equal 10 75{Y,} of't.he County's lost revenue; 2. The Year 2 payment will he equal to 5()l% of the County's lost revenue; and 3. The Year 3 payment will he equal to 25% of the County's lost revenue. D. The calculation of 10s1: revenue pursuant to subsection B of this Sectioll requin~s revenue data for Ol1e full year following annexation, ThereJore, the County shall initiate a request for payment under this Section by written notice to the annexing City within 1:\'10 years of the effE~ctive date of the annexation. SI~CTlON 2 MAJOR I,AND mm AC'T'IONS The purpose of this sectioll is to recognil:e that retail development near jurisdictional houndaries has an impact on neighboring jurisdictions and, in particular, on existing husinesses and the demand for publie services and Hidlilies. This Section is designed to mitigate these impacts by providing that sales tax revenues from new mf.~i()r business development within a City's designated UClA, or from 'he relocation of an existing major business from a City to a location within the C~ity's designated UGA, will be shared with the affected eily. 2.1 For purposes of this Agreement, "major land tu;e" means: A. A new development within a Ci1y's designated UClA thm houses any single retail tenant greater than 40,000 square feet; B. The expansion of an existing retail business within the City's designated UGA jfthe expansion is greater than 40,000 square feet; e Adopted by Kifsap County Ordinance 327-2004 Nuvember 22, 2004 EXHIBIT A 43 C. A retail business greater than 25,000 square ff.~et that is relocated from a City to tbe City's designated UGA; or D. An automobile, truck, recreational vehicle, mannfactured or mobile home, OJ" boat dealership, regardless oftl1e size oftlle building permitted, that is newly located within a City's designated UGA, or relocated from a City to the City's designated UClA. 2.2 The County agrees to share with the affected City revenue lost to the City and gained by the County due to a major land use, as !()llows: A. Revenue sharing payments will be required only for local retail sales tax r(~Velilles generated ti"Om major land uses. Because then; are IimitaLions, related to confidentiality, 011 using 11 figure based OJ) actual sales tax collections fhnn the new or reloeated business, the revenue shariJ)g payment wit! be baRed on cRtimated fm!es tax revenues derived hy w-:ing industry standards, slIeh I1S the \Vashington State Deparlment of Revenue or lhe Urban Land Institute, for taxable retail sales per square f()ot for businesses. B. For purposes of this Section, "lost revenue" means an amount computed as f()J1ows: Total gross enclosed building fiquare iC)Q[age of the major land lIse x Industry standard annual average retail ~;ales per square fool l~)f' category of business that m,ost closely rcscmhlcs tbe rnajor land use x Tax rate levied under Chapter H2.] 4 ReW fl.)r the first fhll calendar year follow] ng lht~ dale 011 which the County issues a certiflcal.e of occupancy for the major lane! LIse. C. The County will make revenue flharing payments le)r the !'irst full three years after the lTH\ior land use receives a certifkatc of occupancy. D. The revenue sharing payment frOln the County 1.0 tbe affected City will he calculated i'lccording to the following formulas: 1. f"or the relocation ora major retail hm,iness from a City to the City's designated UG^: a. The Year] payment will be equal to 75~1) ofthe City's lost revenue: b. The Year 2 payment win be equal to 50%) of the Cjty's lost revenue; and C. The Yecu' 3 payment will be equal to 2YY(, of the City's lost revenue. 2. For new development within a City's designated UClA that houses any single rctail tenant greater than 40,000 square feet, the payment amount will be 50% ofthe City's estimated losl revenue each year for the first three years. F, The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following issuance of'a certificate ofocellpancy. Theref<:H't\ the affected City shall initiate a i'equest for payment uncleI' this Section hy written notice to the (~ounty within two years oflhe dale the major land use receives the County's pemlission to occupy the building. SECTION :3 MISCELLANEOUS f Adopted hy Kit.l'ap Counfy ()rdinance 327-2004 Novemher 22, 2004 EXHIBIT A 4Lf 3,1 [htnntion. This Agreemeni wilJ-remain in effee1until the tcrm.s of the Agreement are fulJllled. There is no other terrn agreed to by the parties 3.2 Reevahmtiorl. Any City or the County may request immediate reevaluation of this Agreement by the _d{:B-.fIijbf!.-,~'jL~PLLl<.~gl()nqL C!(Jj~dj!W!L!7g_(,:()Jlu(jLRcvenllc Sharing Policy Committee. If the reevaluation f[tils to yield a resolution satisfactory to the requesting pnrry wiihin six months from the date the request for reevaluation was made, t.he requesiing party may initiate the process for termination provided in this Agreement -- ... 33 Termination. After completion of the Recvaluaiion process required by rhi:;; Agreement, a party may terminate this Agreement by ] 2 months' written notice to the other patties. Te11l1ination does not extinguish the obligations of the terminating party under this I\greement f()r annexations initiated, or major land uses for which an application is filed, prior to the effecl.ive date ofterminatioll. Auditor. JA Filing. When fully execnted, this Agreement shall be fillXI with the Kitsap County 3.5 Notkci'J. Any noiiccs required by this Agreement shall be delivered, or mailed postage prepaid, and addressed to: .K.i.1,~Jjn..CmmlY Clerk to the Board OffIce of the Kitsap County Board ofComrnissioners 614 Division Street Mailstop 4 Port Orchard, W ^ 983h6 .Gi.ty.Q[J~!!t.Q.I:fbnni City Clerk City of Port Orchard 216 Prospect Strt;ct Port Orchard, W A 98306 ~ltY.QLJJ(linJ?xi.Q g~J~l~_ml City CJerk City of Bainbridge Island 280 Madison A venue N, Bainbridge hlnnd, W A 9g11 0 i~iJYQJI5.I~~.mQ.IjDn Ciiy Clerk City of Bremerton 2394111 Street Bl'erncrton, W A 98337 QitY_QfJ~~ml~hp Mayor City of Poulsbo 19050 Jensen Wy NE P.O, Box 98 Poulsbo, W A 98370 Ki.t~~R _ gs~gjvmtt .C.mn:~linfll!n1.LG.Q!J.t1g.u Executive Director Kitsap Regional Coordinating Council 25406 S. Kingston Road Kingston, W A 98346 .3'(~ Administration. As this Agreement contemplates no joint or cooperative undertaking, each party shall administer the Agreement as to its own responsibilities under the Agreement. Thc/fH!:=.(.tl?!~f;~j!sW} l{<Jgj(!I1(lf L '(}f)rdil7oli!7J~ ( 'olifldlsha1J oversee the revenue sharing process provided foJ' in this Agreement. 3.7 Reporting. The County and the Cities shall report 10 the :1,'HC('.l!J.<i_Ki.L~(j!1.R!U1Jf!!1Ql CQjJl~df!Wl/!lgJ:.::~f!J.IjJ.Cil at the start of' each calendar year any payments made or received by the reporting jurisdiction pursuant to this Agreement during the preceding calendAr year. 3.8 Waiver. The f~lilure by the County or any City to enfon::,e any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or or any subsequent breach of Any provision, of this Agreement. 3.9 Entire A1!,R'cemcnt. This Agreement includes the entire agn~(~mcnt of the parties with respect to any matter addressed in this Agreement 3>10 Amendment. This Agreement may be amended only upon tbe written agreement of the parties made with the same formalities as those required [()J' its original execution. g Adopted hy Kitsup ('ounty Ordinance 327-2004 Novemher )2, 20(J4 EXHIBIT A L.\5 3.11. County~wide Planning ];'olky. '1'0 the extent that anything in this Agreement may be found to be inconsistent with any part ofthc Kilsap County..wide Planning Policy, the County and City in 2002 wil! review the applicable parts of the County. wide Planning Policy and revise them in accordance witll-this Agreement. 3.12 Review. The County [md the Cities shall review this Agreement within the :NdJ:~~~Ub.c:. KifliJ.!J2J((!{!QJ?U(.(:op,:djl](tlitlguOJ./Ul,cl!in December 01'2.00], and every I1ve years thereafter_, 3.13 I~ffcctiv(~ Date. This Agreement shall take effect retroactively to September 4,200 I, as this date has been expressly agreed upon by all the parties. h Adopted by Kitsap County Ordinance 32?2004 November 22, 2004 EXHIBIT A 4b Appendix fL hltcdocai Agreement r'~stahlif<lbin~ the Kitsap Regi(mal Coordinatinf4 Coul1dl -....- -... -.-.-.--. --.----- -.. -'-'-_'_ __________'__._.___U__] Adopted by Kitsap County IInd all fhut' cities V2 1-6/20/0 I l_k__"~_' ,_~._ ~,_" ___0"_'" 0;_ __~_ ..___~~n___"_'_,___ _.~__>_________ THIS AGREF,MENT is made and entered into by and between the undersigned members or the K ilsap Regional Coordinating Ccmncil, pursuant to provisions of the Inter-.!ocal Cooperation Act or 1967, Chapter 39,34 RCW, WHEREAS, the undersigned members recognize the need and desirability to partidpatc in a f~Jrurn for intergovernmental coordination, cooperation, and consultation among member agimcies in order to bring about a continuous and comprehensive regional planning pmecss and effkient service delivery; and VIHERl~AS, the undersigned rncl11hers desire jointly to undertake continuous eooperativc regional development, land use, housing, capital facility, service, and transportation planning; and WHEREAS, it is the belief of the undersigned melnhers that regional deliberations, planning, and review should be accomplished whenever possible by all jurisdictions affected and ~;hould receive policy direetion fcom allloeal general purpose and tribal gOVt;rnrncnts; THERKFORK, in consideration of mutual promise~; and wvenants herein it is hereby agreed: 1. nrmrNrTfONS: For the purpof;e of this Inter-local Agreement and at! other agreements, contracts, and documents execut~~d, adopted, or approved pursuant to this agreement, the following terms have the meaning prescribed to them in this seclion unless the conlexf of th(-,; I' use dictates otherwise: a. "Merhber agem~y" means any public: body which is a party or becomes a party to this inter-local agreement and is a County, City, or federally-recognized l'ribal government within the region: b. "State" means the State: of Washington: c. "Region" means the territory physically lying within the boundaries of Kilsap County; d. "Council" means the body of local and tribal elected officials designated in accord with the By..laws of the Kitsap Regional Coordinating Council 10 represent member ag(~ncies to carry out aU delegated powers and managerial and administ:rative responsibilities of the Kilsap Regional Coordinating Council; e. "lllqjority vole" HI cans mOH; than one-.ha! f of the votes cast when a quorum is present and must include a m<~ioriiy of votes fhllTI County representatives and a majority of votes fi'ol11 the representatives of al leBsl [wo separate eilies, 2. OIWANrZATION --- COMJ>OSJTWN AND NATUlU~: The undersigned member agencies constitute the Council: Kitsap County, City of Bainbridge Island, City of Brernerton, City of Port Orchard, City of Poulsbo, the Port G:amblc S'Klallam Tribe and the Suquamish Tribe. Management oCthe Council is structured as provided herein and by the Council Bylaws. 3. AUTHOll.J.TV AND PURf'OSRS: The Council has the following authorities and purposes: Adopted I~V Rifsap COUI1(Y Ordinance 327..2004 November 22, 2004 EXHIBIT A 41 Ct, To provide a regional forum f()1' deliberations and cooperative decision-making by the region's elected ofJkials in order to bring about a continuous and comprehensive planning process. b, To foster cooperation und mediate differences among govcrnments throughout the region. c. To coordinate actions to provide for a sustainable (~conomy and environment for tbe region, d. To carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organi7.ations. e, To provide for administrative services necessary and jncic!t;nlal to the af(m~mentioned Council acti vities, 4. FiNANCING: The Council receives funds From each rnernber agency ilS provided by the Bylaws and from other available funding sources, The Council may apply {()r fimcling of any nature as may become available to assist the Council in carrying out its purposes and f\mctions. 5. I<'ISCAL YI~AR ANI) BUI)(,~I(T: The fi:;cal year coincides with the calendar year. 'l'he Council adopts an annual work program and budgel in advance of cach i1scal YCfll' that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. A draft work program and budget is prepared by (-he Executive Committee established hy the By,.laws of the (:OUllCi! and is submitted for consideration and approval by the full Couneil. After the Council has approved the /lnal budget it is forwarded to the County for inclusion as a distinct agency fund within the K itsap County Budget. No inerease or decrease to the final budget shall OCCllr without the approval of the Council. 6. WITHDRAWAL FROM AGRRr';MltNT: Any member agency has the right to withdraw from this Inter. local Agreement by giving tlw Council six (6) months prior wriUen notice, Unless otherwise provided by future agreement, any memher agency that withdraws shall remain responsible f()1' its financial and other obligations with regard to Council activities until the effectivt~ elate ot'withdrawal and with regard to agreements to which the Connei! is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Inter-local Agreement shall not terminate t.he agreement as to any other remaining member agencies, 7. DISPOSAL OF ASSETS: Upon termination of this agreement any C\mncil assets, after payment of an liabilities, costs, expenses, [wd charges validly incurred under this agreement, shall be distributed to all contributing member agencies in proportion lo their contrihution ddermilled at the time of termination. The debts, liahilities, and obligations of the Counc.il shall not constitul(; a debt, liability, or obligation of any member agency. Adopted hy Kilsap Coul1ZY Ordinance 327-2004 N{)vember 22, 2004 EXHIBIT A 40 /~~ ~ ~!iif lf1 4?o~ . q,"i Chair Mayor Darlene Kordonowy City of Bainbridge Island Vice-Chair Commissioner Chris Endresen Kitsap County Commissioner Jan Angel Commissioner Patty Lent Kitsap County Mayor Cary Bozeman Councilor Carol Arends Councilor Dianne Robinson Councilor Nick Wofford' City of Bremerton Councilor Bill Knobloch Councilor Nezam Tooloee' City of Bainbridge Island Mayor Kim Abel Councilor Carolyn ,Powers . City of Port Orchard Mayor Kathryn Quade Councilor Ed Stern . City of Poulsbo Council Chair Leonard Forsman Rob Purser' Suquamish Tribe Council Chair Ron Charles Phil Darn · Port Gamble S'Klal/am Tribe Commissioner Mary Ann Huntington Commissioner Cheryl Kincer · Port of Bremerton Cap!. Reid Tanaka Tom Danaher, PAO' Naval Base Kitsap .. Mary McClure Executive Director * alternate · * non-voting member 25406 S. Kingston Road Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) vvww. kitsapreaionalcouncil. org Kitsap Regional Coordinating Council 5. Countywide Planning Policies: Proposed Revisions December 5, 2006 Page 1: deleted historical note Pa2:e 6/7/8: Urban Growth Areas: Land Utilization & Monitoring Programs Element A: 3( c) Element B: 1 (a, b, d, & background) Element B: 3 (h-i, iv) Page 8/9: Element B: Urban Growth Areas: Reasonable Measures: Element B: 2 Element B: 3 (h-iii) 2. Each iurisdiction is responsible for implementinfl appropriate reasonable measures within its iurisdictional boundaries. If the Buildable Land Analvsis shows that a iurisdiction's Comprehensive Plan flrowth floals are not beinfl met. that iurisdiction shall consider implementinfl additional reasonable measures in order to use its desiflnated urban land more efficientlv. 3h-ii. Determine whether the adoption and implementation of suitable reasonable measures should be considered. if the Buildable Land Analvsis shows that its Comprehensive Plan growth goals are not being met Pa2:e 8: Element B: Urban Growth Areas: 3 (g & h-ii) 3g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities and urban growth vatterns consistent with the Growth Management Act, as interpreted by the Grov.1h Management Hearings Board, and the City's adopted Comprehensive Plan and any inter-local agreement between the City and the County. 3h-ii. Review the planning and zoning regulations and any incentive programs in place to determine expected densities and urban growth patterns in the existing UGA consistent with the Growth Management Act, as interpreted by the Grov.ih Management Hearings Board, and the jurisdiction's adopted Comprehensive Plan. \'1\E 8 V -" .;. iO - ~ Ib ~O:> . q,'" Kitsap Regional Coordinating Council Page 10: Element B: Urban Growth Areas: 3(b), 4(a) 4 (e-ii) 3b. Unincorporated Urban Growth Areas should be associated with an existing or future city. 4a. Adopted City and County comprehensive plans shall should reflect the intent that all land within unincorporated Urban Growth Areas will may either annex to a city or incorporate within the 20-year planning horizon, subject to the state annexation procedures. 4e-ii. For Urban Growth Areas not associated with a specific city: The County should continue to provide a level of urban facilities and services generally equivalent to those of cities on an interim basis for those Urban Growth Areas that will be associated with a specific city or will eventually incorporate, and on an on-going basis as appropriate. Page 11/12: Element C: Centers of Growth: Add (existing) Appendix: Kitsap Designated Centers Page 13/14: Element C: Centers of Growth: 3(b) 3b. Mixed Use Centers are a generic category that can be described in terms of neighborhoods or districts within a city or Urban Growth Area. The designation represents a commitment to planning for Center development, with a planned mix of housing, commercial, and employment opportunities. Most shopping and commercial uses are within a short walking or bicycling distance of housing. There is a higher proportion ofmulti-farnily housing at relatively high densities. Navy facilities could be considered for this designation. Add (existing) Appendix: Characteristics of Centers & LAMIRD's Kitsap Regional Coordinating Council Pa2;e 33: Element K: Analysis of Fiscal Impact In order to preserve and maintain the communitv' s qualitv of life and level of government services, jurisdictions are expected to fully evaluate their financial cavacity to provide the full range of urban services (as described in Element B - 3[;D within designated Urban Growth Areas. 1. The Countvwide Planning Policies recognize three ovvortunities for jurisdictions to consider and vlan for urban-level infrastructure and services: a. During each jurisdiction's comprehensive vlan amendments. through the Cavital Facilities Plan. including sub-area vlans. Urban Growth Area boundarv changes. incorvorations. partial dis-incorvorations. vrovosed new fullv contained'communities and master vlanned resorts: b. At the voint where a jurisdiction is comvaring and analvzing geogravhic areas for possible expansion of its Urban Growth Area (as described in Element B - 3[;D: c. As vart of the develovment of the Urban Growth Area Manaf!ement Agreement (see Element B-4 [dl and Avvendix C), These analvses and vlans should identify infrastructure and service costs as well as the anticipated revenues to support them. 2. Svecial districts should be included in vlanning for the vrovision of urban level services in Urban Growth Areas and should include future population growth in their vlans. 3. The Kitsap Regional Coordinating Council shall facilitate on-going regional discussion ofinfrastructure and service deliverv strategies (see Element F-l fcD and revenue elluitv issues (see Element F-3 (c/). \'1\ E 8 (J -.A > " - ~ IJJ ~O::> . q,"i Kitsap Regional Coordinating Council Pa2;e 38: Element N: Roles & Responsibilities: 2 (c), 3 (c), 2 (d): 2c. (County) be responsible for coordinating water quality planning in multi-jurisdictional watersheds and for other environmental planning activities as agreed to by all affected and interested jurisdictions; 3c. (Cities) coordinate varticivate with other agencies as appropriate in multi-jurisdictional planning activities including but not limited to environmental vlanning. .e.g. water quality vlanning and coordinating the resvonse on the listing for the Federal Endangered Svecies Act in multi-jurisdictional watersheds transvortation vlanning; and growth management strategies; 2d. (County) be responsible for being a regional sewer provider to the unincorporated ftfl€l incorporated areas of Kitsap County as needed to improve water quality consistent with levels of service outlined in the County Comprehensive Plan; Page 40: Appendix: Population Distribution 2005 - 2025 Add note re: population banking Population banking as described in Kitsap County's Updated Comprehensive Plan LU-i3 applies to the potential need in specific UGA's (e.g. Central Kitsap) to work with adjacent Cities to resolve unmet population growth targets through an UGAMA or to re-allocate population to other UGA's over time, through the Kitsap Regional Coordinating Council Process. C1C\-t\E8 .;. > ~ - '; Q1 4?O:> . q,/Ji Kitsap Regional Coordinating Council Countywide Planning Policies: Proposed Revisions Housekeeping edits e.g. · KRCC -+ Kitsap Regional Coordinating Council · Page 1: Deleted historical note 9 Substantive Areas: Page 6/7/8: Urban Growth Areas: Land Utilization & Monitoring Programs Element A: 3( c) Element B: 1 (a, b, d, & background) Element B: 3 (h-i, iv) Kitsap Regional Coordinating Council Page 2 Page 8/9: Element B: Urban Growth Areas: Reasonable Measures Element B: 2 Element B: 3 (h-iii) 2. Each iurisdiction is responsible for imptementin!l appropriate reasonable measures within its jurisdictional boundaries. If the Buildable Land Analvsis shows that a iurisdiction's Comprehensive Plan !lrowth !loals are not bein!l met, that jurisdiction shall consider implementin!l additional reasonable measures in order to use its desi!lnated urban land more efficientll!:.. 3h-ii..Determine whether the adoption and implementation ~f suitable reasonable measures should be considered. if the Buildable Land Analvsis ~ - shows that its Comprehensive Plan growth goals are not being met Kitsap Regional Coordinating Council Page 3 Page 8: Element B: Urban Growth Areas: 3 (g & h-ii) 3g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities and urban growth patterns consistent with the Growth Management Act, . Hearings Board, and the City's adopted' . Comprehensive Plan and any inter-local agreement between the City and the County. 3h-ii. Review the planning and zoning regulations and any incentive programs in place to determine expected densities and urban growth patterns in the existing UGA consistent with the Growth Management Act, . Management-Hearings Board, and the jurisdiction's adopted Comprehensive Plan. Kitsap Regional Coordinating Council Page 4 - ". .', .~~.,," --. ."\'-'--""~.....~..~'.. ,t_'., ,.,'~,.', ~ . '. ; < . _"..' '. _.' .' ,"L__"!~";.'.'~.::t_.:1::ii.-w Page 10: Element B: Urban Growth Areas: 3(b)'l 4(a) 4 (e~ii) 3b. Unincorporated Urban Growth Areas should be associated with an existing or future city. 4a. Adopted City and County comprehensive plans shall should reflect the intent that all land within unincorporated Urban Growth Areas will may either annex to a city or incorporate within the 20-year planning horizon, subject to the state annexation procedures. 4e-ii. For Urban Growth Areas not associated with a specific city: The County should continue to provide a level of urban facilities and services generally equivalent to those of cities on an interim basis for those Urban Growth Areas that will be associated with a specific city or will eventually incorporate, and on an on-going basis as appropriate. Kitsap Regional Coordinating Council Page 5 . L.J.~':";~... _~',,,,,~, Page 11/12: Element C: Centers of Growth: Add (existing) Appendix: Kitsap Designated Centers Commitment for 2007: Review Kitsap Designated Centers Kitsap Regional Coordinating Council Page 6 Page 13/14: Element C: Centers of Growth: 3(b) 3b. Mixed Use Centers are a generic category that can be described in terms of neighborhoods or districts within a city or Urban Growth Area. The designation represents a commitment to planning for Center development, with a planned mix of housing, commercial, and employment opportunities. Most shopping and commercial uses are within a short walking or bicycling distance of housing. There is a higher proportion of multi-family housing at relatively high densities. Navy facilities could be considered for this designation. Add (existing) Appendix: Characteristics of Centers & LAMIRD's Kitsap Regional Coordinating Council Page 7 Page 33: Element K: Analysis of Fiscal Im~ In order to preserve and maintain the community's quality oflife and level of government services, jurisdictions are expected to fully evaluate their financial cavacitv to orovide the full range of urban services (as described in Element B - 30V within designated Urban Growth Areas. 1. The Countywide Planning Policies recognize three opportunities for jurisdictions to consider and olan for urban-level infrastructure and services: a. During each iurisdiction's comvrehensive olan amendments, through the Capital Facilities Plan, including sub-area plans, Urban Growth Area boundary changes, incorvorations, partial dis-incorporations, oroposed new fully contained communities and master planned resorts: b. At the point where a iurisdiction is comvaring and analyzing geogravhic areas for vossible exvansion of its Urban Growth Area (as described in Element B-3 [j V: c. As oart of the develooment of the Urban Growth Area Management Agreement (see Element B-4 [dl and Avpendix C). These analyses and vlans should identify infrastructure and service costs as well as the anticivated revenues to suvport them. 2. Svecial districts should be included in planning for the orovision of urban level services in Urban Growth Areas and should include future vopulation growth in their vlans. 3. The Kitsap Regional Coordinating Council shall facilitate on-going regional discussion of infrastructure and service delivery strategies (see Element F-1 [cV and revenue equity issues (see Element F-3 !ill- Kitsap Regional Coordinating CQuncil Page 8 Page 38: Element N: Roles & Responsibilities: 2 (c), 3 (c), 2 (d): 2c. (County) be responsible for coordinating water quality planning in multi-jurisdictional watersheds and for other environmental planning activities as agreed to by all affected and interested jurisdictions; 3c. participate with other agencies ~. in multi-jurisdictional planning activities including but not limited to environmental planning, ,e.g. water quality planning and coordinating the response on the listing for the Federal Endangered Species Act in multi- jurisdictional watersheds transDortation planning; and growth management strategies; 2d. (County) be responsible for being a regional sewer provider to the unincorporated. areas of Kit sap County as needed to improve water quality consistent with levels of service outlined in the County Comprehensive Plan; Kitsap Regional Coordinating Council Page 9 Page 40: Arwendix: Population Distribution 2005 - 2025 Add note re: population banking Population banking as described in Kitsap County's Updated Comprehensive Plan LU-13 applies to the potential need in specific UGA's (e.g. Central Kitsap) to work with adjacent Cities to resolve unmet population growth targets through an UGAMA or to re-allocate population to other UGA's over time, through the Kitsap Regional Coordinating Council Process. Kitsap Regional Coordinating Council Page 10 Urban Lands: Subregional and Secondary Centers Goal: Secondary centers, such as locally designated centers established through countywide processes, will also play important roles in accommodating planned growth according to the regional vision. These centers will promote pedestrian connections and support transit-oriented uses. MPP-DP-15 Support the development of centers within all jurisdictions, including secondary centers such as town centers and activity nodes. MPP-DP-16 Establish a common framework among the countywide processes for designating secondary centers to ensure compatibility within the region. MPP-DP-17 Direct funding to centers, including secondary centers and town centers, through countywide, subregional, and local investment processes and funding strategies. Urban Lands: Compact Urban Communities and Redevelopment Opportunities MPP-DP-18 Preserve and enhance existing neighborhoods and create vibrant sustainable compact urban communities that provide diverse choices in housing types; a high degree of connectivity in the street network to accommodate encourage walking, bicycling and transit use, and sufficient public spaces. MPP-DP-19 Support the transformation of key underutilized lands to higher-density mixed-use areas to complement the development of centers and the enhancement of existing neighborhoods. Urban Lands: Cities in Rural Areas MPP-DP-20 Direct commercial, retail, and community services that serve rural residents into neighboring cities and existing activity areas to prevent the conversion of rural land into commercial uses. MPP-DP-21 Promote transit service to and from existing cities in rural areas. Urban Lands: Unincorporated Goal: All unincorporated lands within the urban growth area will either annex into existing cities or incorporate as new cities. MPP-DP-22 Affiliate all urban unincorporated lands appropriate for annexation with an adjacent city or identify those that may be feasible for incorporation. To fulfill the growth strategy, annexation is preferred over incorporation. MPP-DP-23 Support joint planning between cities and counties to work cooperatively in planning for urban unincorporated areas to ensure an orderly transition to city governance, including efforts such as: a) establishing urban development standards, b) addressing service and infrastructure financing, and c) transferring permitting authority. MPP-DP-24 Support the provision mid coordination of urban services to unincorporated urban areas by the adjacent city, or where appropriate, by the county as an interim approach. Page 6-9 Chris Endresen DISTRICT 1 Jan Angel DISTRICT 2 Josh Brown DISTRICT 3 Nancy Buonanno Grennan County Administrator KITSAP COUNTY BOARD OF COMMISSIONERS Efficient, accessible and effective county services March 5, 2007 "RECEIVED.OlY COUNCIL OFFla'f DATE '3,/7 / (; 7 Mayor Cary Bozeman, City of Bremerton Will Maupin, President, Bremerton City Council 345 6th Street, Suite 600 Bremerton, W A 98337 RE: City Annexations Dear Honorable Mayor and City Council Members: Thank you for the City's February 12, 2007 letter regarding Urban Growth Management Agreements (UGAMAs), the 2005 settlement agreement and City annexations. We greatly appreciate the City's expression of cooperation on developing UGAMAs for the Central Kitsap, East Bremerton and West Bremerton Urban Growth Areas (UGAs). In this letter we seek to clarify the County's understanding of a few key areas. The Kitsap County Countywide Planning Policies (CPPs) are regional policies mandated under the state Growth Management Act (GMA), RCW 36.70A.2l0. While the GMA requires that these polices be adopted by the County, the cities and the County have worked collaboratively over the years to develop these policies. In Kitsap County, it has been the policy that each city "ratify," or give its approval to the CPPs. The current CPPs provide that, for associated UGAs, the county and each respective City should work together to facilitate annexation of those urban areas. The CPPs expressly provide that this should be accomplished through UGAMAs and joint planning. Under the GMA, city and county comprehensive plans must be consistent with the CPPs. Both the Central Puget Sound Growth Management Hearings Board (CPSGMHB) and the Courts have held that CPPs can be directive and binding on the county and its cities. Thus, while the GMA may not mandate UGAMAs directly, the CPPs do. Another point to clarify is that UGAMAs are not required before association of a UGA to a particular city, but after.1 They are intended to coordinate a smooth annexation process once a UGA is associated with a particular city. This information should allay your concerns about the recent associations to the Port Orchard UGA without a UGAMA. I Both City and County development staff members are in fact jointly working to establish a UGAMA template; once developed, we hope to use the UGAMA template when we begin efforts to associate a UGA with a particular city to more effectively transition the city to provide urban services to the area. G:ICOMIDA T A IDistrict 1 \Lelters\2007\Bozeman City Annexations.doc 614 Division Street, MS-4 . POrl Orchard, Washington 98366-4676. (360) 337-7146. FAX (360) 337-4632 From: Olalla (253) 851-4147. Bainbridge Island (206) 842-2061 \\V\'w.kitsapgov.com Mayor Cary Bozeman March 5, 2007 Page 2 In the City's letter it was expressed that the GMA does not require that a UGA be associated with a particular city. While that is technically correct, the GMA does require that city and county comprehensive plans be consistent and that those plans are consistent with the CPPs. Associating UGAs with particular cities has been the planning approach Kitsap County and its cities have taken since we first began planning under the GMA. Finally, we are concerned that we are not in agreement over the terms of the 2005 Settlement Agreement. It was the understanding of the County's leadership and staff that participated in the negotiations that Bremerton would refrain from annexing any UGA areas not associated with Bremerton. Further, the South Kitsap Industrial Area's annexation, the UGA at issue at the present time, is a matter of regional concern and thus requires discussions between the County, Bremerton, Port Orchard and the Port of Bremerton. The County is willing to enter into these discussions. I hope this letter clarifies the issues set forth in our January 26, 2007 letter. Again, we would like to work cooperatively with Bremerton on these issues and believe that we can do so. To that end, we have asked Larry Keeton, our Director of Community Development to contact Andrea Spencer, the City's counterpart to begin to work on these Issues. Sincerely, ~ ct:L~ C\~rl~.~_\) Chris Endresen, Chair an Ang~~ /10sh Brown Commissioner District No.1 Commissioner District No.2 f Commissioner District No.3 f / c < t ~l . /7_______-0d //~ . . .r cc: Andrea Spencer, Director of Community Development, City of Bremerton Larry Keeton, Director of Community Development, Kitsap County BOARD:kb ,. . ,-, ' . . m., ... ' . ,.; FILE ,'(,:."- '; ~':; , ;..<~'::; .~.'~ , " :-';-' """0' '<;, :.: < r' ,,". . j' :. -'~' ~ February 12,2007 Commissioner Chris Endresen, Chair Commissioner Jan Angel Commissioner Josh Brown Kitsap County Board of Commissioners' Office 614 Division Street, MS-4 Port Orchard, W A 98366-4676 Re: Your January 26,2007 Letter Regarding Urban Growth Management Agreements, the 2005 Settlement and City Annexations Dear Honorable Commissioners: This letter is in response to your January 26,2007 letter to us regarding Urban Growth Area Management Agreements (UGAMAs), the 2005 settlement agreement and City annexations. We share your commitment to jointly resolving issues regarding association of unincorporated Urban Growth Areas (UGAs) through UGAMAs. We appreciate your commitment of staff and resources to negotiating a UGAMA for the Central Kitsap, East Bremerton and West Bremerton UGAs this year. We would like to begin these negotiations as soon as possible. However, we should note that the Growth Management Act (GMA) does not require cities and counties to enter into UGAMAs prior to annexation, and the GMA does not require a UGA to be "associated" with a city prior to its annexation by that City. We are concerned that you did not include the Gorst, UUD #6 or SKIA UGAs in the list of unassociated UGAs for which you would like to work together to form a UGAMA. These UGAs abut Bremerton and no other city, so it is appropriate to discuss association and future annexation of these UGAs as well. We also find it curious that all of the vast UGAs abutting Port Orchard (significantly expanded in the 10-year Update) are associated with Port Orchard, yet to our knowledge the County and Port Orchard have not entered into any UGAMAs. . This appears to contradict your stated policy of entering into UGAMAs prior to associati'ng UGAs with a city. With respect to the SKIA UGA, we do not share your opinion that the 2005 settlement agreement "requires extensive discussions between the City of Bremerton, the County, the City of Port Orchard and the Port of Bremerton before annexation Kitsap County Board of Commissioners Febmary 12,2007 Page 2 proceedings are completed." However, as stated above, we invite discussions among the entities you listed regarding any potential annexation of the SKIA UGA. In addition, we believe that the owners of property within the SKIA UGA should also be included in any annexation discussions. In closing, we reiterate our commitment to working with the County to resolve these issues. Please have your staff contact Andrea Spencer, Director of Community Development, at your earliest convenience to discuss how you would like to proceed. Sincerely, KJ r;J e/ f..-, '/ LJYL-----. Cary Bozeman Mayor of Bremerton I ( .L:~!:~>/<>'~;?/~;:'_-_o_..-~'--'~_ _o~___ - Will Maupin, President vo// Bremerton City Council cc: Bremerton City Council Members Ms. Andrea Spencer, Director of Community Development 01/29/2007 1I0!\ 12:10 FAX:160:1:174632 KlUmp COllnt~. Admin tal 0021004 KITSAP COUNTY BOARD OF COMMISSIONERS Eft T~j;';t,- a c ~-;;;.~ i b'ie a n d~'ii e c ti-;;~o ~'ifly, ~;e.'; v:i ~~l~: i '\.----... ~, ~ . . ..' . ' '.' ~_' 'c.l Chris Endrescn DlsmlCT 1 January 26, 2007 9 Jail Angel DISTRICT 2 City of Bremerton Altn: Mayor Cary Bozeman & City Council 345 6th Street, Suite 600 Bremerlon, W A 98337 ~'.rit't .~jl ~>",:. :...: I\~';l') (' ~It" rl a('rr~pv':; ()f{ics _>' if .. ., 1.1 .... r Josh Brown DISTRICT 3 Re: Urban Growth Management Agreements, 2005 Settlement Agreement and City Annexations Cris Gears . ounly Administrator Dear Mayor Bozeman and City Council Members: This letter is to provide Kitsap County's strong commitment to the resolution of issues regarding association of unincorporated urban growth areas through Urban Growth Area Management Agreements (UGAMAs) and to reiterate the requirement to fulfill the settlement agreement between City of Bremerton and Kitsap County regarding future annexations. Pursuant to the Growth Management Act, Kitsap County completed the process of conducting a 10-year review of its Comprehensive Plan in 2006. During this assessment, the County reviewed all urban growth area (UGA) boundaries and sized them to meet the projected employment and population growth for the 2005-2025 planning period. Consistent with the goals and polices of the updated Comprehensive Plan and Countywide Planning Policies, the County strongly promotes urban growth area association and the development of UGAMAs. As part of the 10-Year update. many unincorporated UGAs were associated to incorporated jurisdictions. However, many of the remaining UGAs included unresolved issues such as population distribution, provision of urban services, revenue sharing, and coordinated annexation specific to each area. The Comprehensive Plan requires that the associations of these UGAs be pursued concurrently with UGAMA negotiations. To further confirm the County's commitment to UGAMA discussions and the coordination with the Kitsap Regional Coordinating Council, the County has devoted staff and resources to the completion of a countywide UGAMA template. as well as the negotiation of an UGAMA for the Central Kitsap. East and West Bremerton UGAs in 2007/2008. Additionally, beyond the negotiation of UGAMAs between the City and the County, the requirements of the 2005 setllement agreement must be satisfied before annexations into UGAs, such as the South Kitsap Industrial Area (SKIA), can occur. In the case of the SKIA, the settlement agreement would require extensive discussions between the City of Bremerton, the County, the City of Port Orchard and the Port of Bremerton before annexation proceedings are completed. It would be appropriate that these discussions include agreements regarding economic development goals, capital facility responsibility, revenue sharing and future annexation. Attached is a copy of the settlement agreement for your files. 614 Division Street, MS-4 . Port Orchard, Washington 98366.46l6 . (60) 337.7146 . FAX (360) 337.4632 From: Olalla (253) 851-4147' Bainbridge Island (206) 842-2061 www.kitsaOQov.com 1I11-'lIi-'lIUi !1111~ IZ:II FA.\: :J60:J3746:12 KltSBP COllntJ- Admin @00:\/004 City of Bremerton January 26, 2007 Page 2 The resolution of urban service provision to the County's unincorporated UGAs is of great importance to the County's future and coordination between all jurisdictions is imperative. We look forward to working with the City on the development of a countywide UGAMA template, the negotiation of UGAMAs for the unassociated UGAs and the satisfaction of the settlement agreement in the coming years. Sincerely, ~~ O~Ckr.^O Chris Endresen. Chair Ja;[;jget a Commissioner District NO.1 Commissioner District NO.2 ~L.~ v- ash Brown Commissioner District No. 3 Enclosures: (1) cc: Andrea Spencer; City of Bremerton Community Development Director "" <.", <.vv I "I\ll~ I Z: f I h\.\ 360:1374632 K I tSIlP COllnt~" Adm1 n " ., SETI'I,EMENT AGREEMENT The City of Bremerton, Kitsap County, Overlon & Associates, Coulter Creek LP, North Bay Properties LP, North Mason LP, South West Kilsap LP, and Alpine Evergreen Company, Inc. hereby agree to seUle any and all disputes between them relating to Central Puget Sound Growth Management Hearings Board Case Nos. 05-3-0014 and 05-3-0017 in consideration for the following tenns and conditions. 1. Bremerton agrees that: a. The Bremerton Comprehensive Plan Eventual Growth Proposal map does not designate or associate a present or future UGA boundary for Bremerton. . b. Bremenon will not assert any "first in time" claim for annexing the SKIA area based upon its Eventual Growth.Proposal mlJp. c. The Wlincorporated zoning designations shown on Bremerton's Land Use Map have no legal effect. Bremerton agrees it will refrain from initiating annexation proposals for any property that is located outside of its associated UGA unless and until IGtsap County agrees and associates that UGA to the City ofBremerton. However. Bremerton reserves the right to initiate annexation of Wlincorporated land pursuant to RCW 35.13.180 or as otheIWise allowed by law (not limited to the SKIA area) in the event that it requires alUlexation as part of a capital facilities/utility project. For the purposes of this Agreement, a capital facilities/utility project is on~ in which a discrete capital improvement for utility pUrposes is constructed on property owned by the City. It is not the provision of water, sewer or any other municipal serVice outside the city limits. 2. Bremerton will correct its Eventual Growth and Land Use Map designations, boundaries, and legends regarding SKIA to reflect the County Comprehensive Plan as presented as of April!. 2005. 3. Bremerton and Kitsap County will proceed as provided in the CPPs and. the MOA executed among the Cities ofBremerton & Port Orchard, the Port of Bremerton and the County . to work to associate the currently non-associated UGA lands. .. 4:--1'iiis ~menrSfi3}IDe1i1ndfDg'upOn anllTnurefO'thCbenefltof"theparilcS"hereto and their t:espective heirs, personal representatives, successors and assigns. . 5. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, warranties or other matters oflike or any other nature shall be of no further force or effect and are superseded by this Agreement. 6. In the event that one or more provisions of this Agreement shall be detennined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the agreement shall remain in full force and effect and the invalid provisiolL'> shall be deemed deleted. ) 7. This Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington. The captions SETl1.EMENT AGRBBMI!NT - I @004/004 1"RATl'FlCATI'O'N'OF'COU'NTYWID:E "P".~A';N:N:IN:G ;PO'L1CIES" . . . ~~~:L~:~: '~~~~L~~",~_~~_~.:,.~:~~~~~..:.: ..~:t-~~:.~~~:" ~~_~~.c~ ~;:_" _':._.~~__:,.~:~___~~ ~~.. ~., .... ~;~{~_.~~. .:..:.,': ._...~_~. .:~,L_.~" ..>.. _,,_,_~:.~:. ~;:L.;__~. ':__'d=__:~ ,,':' KRCC Board Recommends Amendments to CPPs Kitsap County Board of Commissioners Adopts Amendments By Ordinance City & Tribal Councils Ratify Amendments By Resolution (sl::C 's:"ril'JiJ:;;'JJ -~ lJ'7J:::jlj c;~lj 7]) 'J.JjDy} .,- r"':':-::"""-~.--;::~'~'. '7 ":. ".':"~"".' . ~-.... .' .....: ~'" .' ;'....- ~."... : ,....'. '.'''-- c." ..:.... c '-: . -. '-.": ,..:.\,: ~-::"':7.:. ::,,:"'.-c-;:,:" ':-"::"'''':.'' 'C ..e.... . 'C'" '''. "': .. C'-': -. . .............. >', W .. .... ........'... .". . .:....: --.. .. ,." .. ":RATlF'I:CAT'I:ONOF COUN'TYWI',D:E:P:LAN'N'I'N:G.PO;LICI'E:S" ..... . t~~~_~~.~~j~_k~~~_:_~~'~: ~,_~~~._~.~~~~:~_.. '_~ ~~~_"~', __2 ~~:_,_~__-_~ ~~, j._~ _~.~:~:~_ ~_ ~~_~.~ ,__,~ ~~:~_~~- ~_;~~~_~.~-~_~~.~_ -.~~__ '. __-_~_.___~.~:~_~l_~_~~~^"_~.s '_~_~'_ ~ :~~:~~ _:,:_~_ _ ~- ~ __.._~ ~~__ ,_~..__:~:_ -~_~_')~:u:~~{::. :~_,:~{ :~~ ~~ SUMMARY OF AMENDMENTS · Housekeeping text updates · Adding Land Utilization & Monitoring Program · Adding provisions for Buildable Lands "Reasonable Measures" to ensure that urban land is being used efficiently '5f~] .:s'0~r..rii'CcJIJ = il'IHJ,r;~S:j il) ,~DEJi( - - -- - ! RATIFICATI,ON OF COU'N'TYWIDEPLANNilN'G PO,LICIES I . . SUMMARY OF AMENDMENTS · Add reference to Kitsap Designated Centers & LAMIRDs and a cOl11l11itment to revie,^, in 2007 · Add reference that Centers should be in a City orUGA · Add language to ensure that jurisdictions fully evaluate their financial capacity to provide the full range of urban services in UGAs · Add language to ensure that cities participate ,^,ith other agencies as appropriate in l11ulti- jurisdictional planning activities @u,10 1,'00~JjJ3IJO = IJlIiJC03JJ 7],) ~1ft7 ! RATIFICATION OF COUNTYWID"E 'P!LANNINGPOLICIES ' l_ _~.___~_~ __~_ _~_ _.____4_ ___~_.~_.:_,_~________ ____., __"~____"_"'''__'_''''_'''.'~___~''___ ___.____~____........_~_~______..._________'_._..........._~~_._.__ _ ___.:.... __ __._.__.. __~__._.___.'"'"._....._, ..., ~__._......____..;; ~____,_.. ~_. ___.___ SUMMARY OF AMENDMENTS Updates to Urban Grovvth Area (UGA) provisions: Cities shall achieve urban densities before it proposes expansion of its UGA Adopted City and County cOlTlprehensive plans shall should reflect the intent that all land vvithin unincorporated Urban Grovvth Areas \NiII nJa~ either annex to a city or incorporate vvithin the 20-year planning horizon, subject to the state annexation procedures. @:J:m @"J2IIrr~fil] = IJ'JJ-?J:j(s!J~J Yo ;QJlJJjJ7]