HomeMy WebLinkAbout04/16/2008 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
*** AMENDED***
APRIL 16, 2008
CITY COUNCIL MEETING AGENDA
1. STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
B. 15-Minute Executive Session to discuss "Potential Litigation" per RCW 42.30.110 (1 )(i)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. . Pledge of Allegiance
B. Invocation
3. MAYOR'S, REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB08-085)
B. Minutes of Meeting - April 2, 2008 (#AB08-086)
C. Minutes of Meeting - April 9, 2008 (#AB08-087)
D. Southwest Bremerton Sewer Pump Station Power Line Relocation Agreement with PUGET
SOUND ENERGY (#AB08-088)
E. Purchase of Parts from PARKSON CORPORATION for Rebuilding of the Influent Screens for
Westside Wastewater Treatment Plant (#AB08-089)
F. Basic Life Support Services Agreement between the City of Bremerton and HANDLERS
RACING ASSOCIATION (#AB08-090)
G. Interlocal Cooperative Purchasing Agreement between the City of Bremerton and
Whatcom County Fire District #6 (#AB08-091)
H. Interagency Agreement between the State of Washington, Washington State Patrol and
the Bremerton Fire Department (#AB08-092)
I. Appointment of Holly James and Ryan Rydalch to the Lodging Tax Advisory Committee
(#AB08-093)
J. Appointment of Carlos Jara III to the Civil Service Commission (#AB08-094)
K. Authorize the City Attorney to initiate drug abatement action at 1215 Gregory Way (#AB08-
098)
6. GENERAL BUSINESS
A. Approval of Contract with DIAMOND PARKING for Parking Enforcement at the Harborside
Parking Garage (#AB08-095)
B. Resolution No. 3056 requesting the Washington State Transportation Commission to name
the new Tacoma Narrows Bridge the "Bob Oke Bridge" (#AB08-096)
Continued on back...
II 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.
7. PUBLIC HEARING
A. Ordinance No. 5046 amending several sections of the Bremerton Municipal Code Title 20
"The Zoning Code" (#AB08-097)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
I Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council
meeting.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
DATE SUBMITfED: 4/16/2008
BILL # AB08-085
AGENDA BILL
CITY OF BREMERTON r n
CITY COUNCIL :> ~
............................................................................................'
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: April 16, 2008
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
Claims & Check Register
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
1) Check #'s 323897 through 324097 and EFT's 7785 through 7800 in the amount of$820,160.88.
COUNCIL ACTION: ~ Approve 0 Denv 0 Table
o Continue 0 No Action
UATE SlJBr'vIITI ED: 4 /;)-/0 ~
AGENDA BILL
CITY OF BREMERTON
CITY COlJNCIL
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.... aD.. WI:I II II.,........ alia WIl.......... all II. ... II iii II . II.. a..II................ alia... a II. II..... all III
SlJlUECT: City Council f'v1eding Minutes
II)!" meeting of
"fn I 'J.. J 1-0 0 ~
SUMMARY:
A-fYi { ita. ':1006
City Council'
Will Maupin,
Council President
Phone: (360) 473-5280
Attached is a summary ofthc City Council Meeting held ~ I 2. I ')..00 '3
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
NIl\.
ATTACHMENTS: Meeting Minutes for Prpy) I 2. J .:Lao B
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/ A
FINANCE DIRECTOR: N/ A
MAYOR: N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
Na
4_/!fYo;~
CONSENT AGENDA [0"
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented,
('OIJNClL ACTION: 0 Appruve [] Deny fJ Table
o Continlle [J No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 2, 2008
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, April 2, 2008, at 5:30 PM, with Council Member Nick Wofford
presiding. Council Members present were Carol Arends, Mike Shepherd, Roy Runyon, Adam
Brockus, Cecil McConnell, and Brad Gehring. Council Members Dianne Robinson and Will
Maupin were absent. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen;
and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the
invocation provided by Associate Pastor Mike Helland of New Life Assembly.
Council Chair Wofford announced that prior to the meeting, a Pre-Council Session was held
to discuss General Council Business.
MAYOR'S REPORT - There was no MA YOR'S REPORT tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
Brad Gehrina received notification about a Veterans Environmental Academy program to be
held at Olympic College. Interested veterans may call (360) 725-2224 for criteria and other
information.
Adam Brockus reminded the public to attend First Friday Artwalk activities this week in
downtown Bremerton, Manette area, and in the Charleston District. He also announced that the
next District 3 Community Meeting would be held on Tuesday, April 22 from 7:00 to 8:30 PM at
the Bremerton Senior Center to discuss the Manette Sub-area Plan.
Roy Runyon asked volunteers to participate in a work day at the Kiwanis Park located in the
middle of District 4 at 1701 5th Street this Saturday, April 5 beginning at 8:00 AM
CONSENT AGENDA
A. Check Numbers 323289 through 323715; and EFT-7736 through EFT-7771 in the amount
of $2,782,450.68; and Regular Payroll in the amount of $723,857.96 for the pay period
ending March 15, 2008; and Retiree Payroll in the amount $85,405.64 for the pay period
ending March 31,2008 (#AB08-068)
B. Minutes of Meeting - March 19, 2008 (#AB08-069)
C. Resolution No. 3050, to establish a Hearing Date of May 21, 2008 to vacate a portion of
Laurel Avenue (#AB08-070)
D. Resolution No. 3051, to establish a Hearing Date of May 21,2008 to vacate a portion of
Haselwood Street (#AB08-071)
E. Resolution No. 3052, to establish a Hearing Date of Max 21, 2008 to vacate a portion of an
alley bounded by McKenzie & Cogean Avenues and 1 i1 Street & Sheldon Boulevard
(#AB08-072)
F. Purchase of 4 new Pump Volutes from WHITNEY EQUIPMENT COMPANY, INC. for Pumps #1-4
at Pump Station CE-1 (#AB08-073)
G. Contract Award to FISHER GENERAL CONTRACTING, INC. for Reservoir 12 Seismic Retrofit
and Roof Repairs (#AB08-074)
City Council Reg. Mtg. Minutes
Wednesday, April 2, 2008 I
Page 2 of 4
H. Amendment NO.2 to Professional Services Agreement with URS for Southwest Bremerton
Residential Sewer Extension (SWBRSE) Design (#AB08-075)
I. Acceptance of 2007 COPS Technology Grant (#AB08-076)
J. Goods and Services Agreement with ENTERPRISE RENT-A-CAR (#AB08-077)
K. Request to apply for Lions Park Low Impact Redevelopment Grant in the amount of $1-
million from the Washington State Department of Ecology (#AB08-078)
L. Request to apply for a No Child Left Inside Grant in the amount of $47,000 from the
Washington State Parks Commission (#AB08-079)
There were no comments from the public. . .
05:40:00 M/S/C/U (Runyon/Brockus) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - RESOLUTION NO. 3053, ADOPTING THE CITY OF BREMERTON DOWN PAYMENT
ASSISTANCE PROGRAM (#AB08-080l: Phedra Elliott, Community Development Block
Grant Department, explained that the Down Payment Assistance Program will use HOME
funds to provide low interest loans for down-payment assistance to low and very low income
residents of the City of Bremerton purchasing their first home within the City limits. Karen
Carlson with the Washington State Housing Finance Commission provided a PowerPoint
presentation to provide the details of the program.
There were no comments from the public...
Mr. Runvon asked what the Council Members could do to get this information to the public.
Ms. Elliott replied that if invited she would be happy to make a presentation at a Neighborhood
District Meeting. She added that Council Members could also speak with their constituents.
Mr. Gehrina and Mr. McConnell mentioned that this program will assist in meeting a goal to
increase home ownership which has been on the Council's priority list for several years.
06:13:25 M/S/C/U (Brockus/Arends) Move to pass Resolution No. 3053 to adopt the City of
Bremerton Down Payment Assistance Program; and authorize CDBG staff to execute a
contract with the Washington State Housing Finance Commission.
PUBLIC HEARINGS
7 A - PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 3054, APPROVING
AMENDMENTS TO THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CBDGl
ACTION PLAN (#AB08-081l: Marie Vila, Community Development Block Grant Department,
summarized that on November 7, 2007, the City Council approved the 2008 CDBG/HOME
Funding Recommendations. CDBG staff submitted these recommendations to the Department
of Housing and Urban Development (HUD) in the 2008 Annual Action Plan. The proposed
resolution makes two additions to the 2008 CDBG/HOME Action Plan: 1) Allocate up to
$146,000 of uncommitted HOME funding to the City's Down Payment Assistance Program; and
2) Allow participation in the CDBG Section 108 Loan Guarantee Program. No changes will be
made in the 2008 funding recommendations already accepted by City Council.
There were no comments from the public. . .
City Council Reg. Mtg. Minutes
Wednesday, April 2, 2008
Page 3 of 4
Ms. Vila provided replies to specific financing questions asked by several Council Members.
06:28:05 M/S/C/U (McConnell/Runyon) Move to pass Resolution No. 3054 to approve
amendments to the 2008 Action Plan.
7B - PUBLIC HEARING AND ORDINANCE NO. 5045. VACATING A PORTION OF 16th
STREET & CHESTER AVENUE (#AB08-082): Michael Mecham, City Engineer, stated that
Olympic College wishes to revise the intersection of 16t11 Street & Chester Avenue as it is the
main entrance to the school.
There were no comments from the public.
06:34:18 M/S/C/U (Brockus/Arends) Move to pass Ordinance No. 5045 to vacate a portion of
16th Street & Chester Avenue.
7C - PUBLIC HEARING AND ADOPTION OF RESOLUTION NO. 3055. APPROVING THE
MASTER PLAN FOR BLUEBERRY PARK (#AB08-083): Director Wvn Birkenthal and Park
Development Planner Colette Berna. Parks & Recreation Department, emphasized that the
action before the Council is to conduct a public hearing and adopt the Master Plan for Blueberry
Park. The design process included a series of advertised public meetings (December 19, 2007;
January 29, 2008; February 19, 2008) and a mail-out neighborhood survey. The Master Plan
was unanimously recommended for adoption by the Parks & Recreation Commission at the
February 16, 2008 meeting. A PowerPoint presentation was made to provide further details
and highlights of the Plan.
Joan Dingfield, Planning Commission Chair, reported that the Planning Commission
unanimously approved the Plan being presented tonight; and commented that the public
process was exemplary.
Carolee Valentine, representing B.U.G.S. commented on the extraordinary effort by the Parks
& Recreation Department to involve the public in the planning process.
Elizabeth Peterson, President of B.U.G.S. urged the Council to whole-heartedly support this
Plan.
Marie Vila, also a member of B.U.G.S. reiterated all the previous comments, and added that
the new Plan will allow for more interaction and opportunities for the community to learn about
gardening.
Bill North of the Planning Commission agreed with the previous comments, and also
mentioned that very few negative comments were heard at the Public Meetings
Mr. Birkenthal and Ms. Berna provided a response to a request by Mr. Runvon for more
details about maintenance costs. '
Several Council Members thanked the Parks Department and Parks Commission for their
efforts.
07:06:21 M/S/C/U (Runyon/McConnell) Move to pass Resolution No. 3055 approving the
Blueberry Park Master Plan.
City Council Reg. Mtg. Minutes
Wednesday, April 2, 2008
Page 4 of 4
COUNCIL MEMBER REPORTS
Brad GehrinQ reminded Bremerton residents that the annual Spring Clean-Up will be held from
Monday, April 21 to Saturday, April 26, and citizens may call the Public Works Department at
(360) 473-5920 for more information. He also thanked the youth of Sylvan Way Baptist Church
for their clean up efforts at Stephenson Canyon Park.
Adam Brockus provided a briefing on his recent trip to China.
Roy Runyon reminded the public to be more careful now that a lot of children are out of school
on spring break; and announced that residents near Naval Avenue Elementary School are
seeking volunteers interested in establishing a neighborhood association to improve the area
around the school.
Mike Shepherd discussed an idea brought forward by a citizen to resurrect the "Christmas in
July" program for home improvement that would include a journeyman painter program.
Carol Arends reiterated information about the Friday Artwalk event this week.
Nick Wofford thanked the Council staff for providing him assistance with chairing the meeting
tonight.
With no further business, Council Chair Wofford adjourned the Council Meeting at 7: 15 PM.
Prepared and Submitted by:
~~)
LO I SMITH .........-
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED: lfl q 10 S
Bl LL If _____Q8 __--_ 9_f3 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5C
a.............au.a..B......a...m............g...........................................
Committee Meeting Date: N/A
COUNCIL IVIEETING Date: It PI; ( \ ~ / ~oo CO
Department: City Council
Presenter: Will Maupin,
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held A pr: t q I ;l..O 0 6
SUB.JECT: City Council Meeting Minutes
for meeting of
A p'f'n <1 t ;l00 16
ATTACHMENTS: Meeting Minutes for Apri l q I ;;1008
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:
~
~. ~
CONSENT AGENDA ctr
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Movc to approve the Consent Agenda as presented.
COlJNeJL ACTION: D Approve D Deny [J Table
D Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 9, 2008
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 6tl1 Street, Bremerton,
Washington, Wednesday, April 9, 2008, at 5:30 PM, with Council President Will Maupin presiding.
Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd,
Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney
Roger Lubovich; City Clerk Carol Etgen; and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation
provided by Chaplain Ken Butler of the Bremerton Police Department and Port Orchard Christian
Life Center.
President Maupin announced that prior to the Council Meeting, a Pre-Council Session was held
to discuss General Council Business; and announced that Item 3 "Legislative Briefing" on the
Agenda will be delayed to later in the meeting.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Brad Gehrina announced that the Annual Spring Clean-up will be held from Monday, April 21 to
Saturday, April 26 from 8:00 AM to 6:30 PM at the Public Works Facility located at 100 Oyster Bay
Avenue. Items must be smaller than a truck load, and processed lumber or garbage will not be
accepted. For more information, please contact (360) 473-5920.
Adam Brockus invited the public to attend the next District 3 Meeting to be held on Tuesday, April
22 from 7:00 to 8:30 PM at the Bremerton Senior Center located at East 13111 & Nipsic Avenues.
The guest speaker will be Community Development Director Andrea Spencer and she will be
providing a presentation on "Beginning the Manette Business District Sub-Area Plan".
Roy Runyon encouraged the public to participate in the KiTSA Shoreline Clean-up on Saturday,
April 19, from 11 :00 AM to 2:00 PM. Volunteers will be meeting at the Bremerton Boardwalk pump
house and the Annapolis Ferry Dock area in Port Orchard; Olympic College Earth Day Celebration
on Thursday, April 24, from 10:00 AM to 2:00 PM in the Bremer Student Center on the Bremerton
Campus; and the Stillwaters Ecofest on Saturday, April 19, from 11 :00 AM to 4:00PM at the 26059
Barber Cut-Off Road in Kingston.
Nick Wofford announced that there will be water main flushing in the Kitsap Lake area from
Monday, April 14 to Thursday, April 17 from 7:30 AM to 4:00 PM. Streets that may be affected
include Harlow Drive from Tweed Lane to Kitsap Way, Dockside Avenue, Carr Boulevard, Lyle
Avenue, Kitsap Drive, Lakehurst Drive, Lake Drive, and Price Road.
LEGISLATIVE BRIEFING BY SENATOR DEREK KILMER
President Maupin welcomed Senator Derek Kiimer of the 26tl1 Legislative District to provide a
Legislative B~iefing. He provided an update on baccalaureate programs, the ferry system,
economic development, and mental health services.
Roy Runyon appreciated Senator Kilmer's efforts in bringing 300 jobs and $30-million investment
to the area.
Will Maupin made comments in support for making much needed ferry service improvements,
and hoped that passenger ferry only service would be considered.
City Council Reg. Mtg. Minutes
Wednesday, April 9, 2008
Page 2 of 2
PUBLIC RECOGNITION & ANNOUNCEMENTS - continued...
Jerry McDonald, owner of properties along Werner and Ida Streets, expressed concerns about
the City's requirements to install sidewalks along the property; encouraged the Council to visit the
site to recognize that sidewalks are not necessary now or in the foreseeable future; recommended
that the Council define "foreseeable future" or remove the language from the code; and asked
what the next step in the process would be. Mr. Lubovich responded that the code would have to
be reviewed and it is unclear what the next step would be. Mr. Maupin stated that the Council
could review the wording so that the wording reflects the intent of the policy.
Mr. Evans; Judy Oke; John Tavlor; and Pat ROQers provided their support for renaming the
Tacoma Narrows Bridge the "Bob Oke Bridge".
Lee Hanson, Highland Avenue, expressed concerns over residential parking for landlords; and
asked Council to consider amending the code to allow landlords better access to their properties.
Mr. Maupin referred him to the Parking & Animal Control Committee. Mr. Runyon announced
that the Parking & Animal Control Committee would be meeting again on Tuesday, June 3 at 4:00
PM in the Council Conference Room; and agreed to meet with Mr. Hanson after the Council
Meeting tonight.
CONSENT AGENDA
A. Check Numbers 323716 through 323896; and EFT-7772 through EFT-7784 in the amount of
$1,075,732.96; and Regular Payroll in the amount of $761 ,702.32 for the pay period ending
March 31,2008, which includes a correction for the pay period ending March 15,2008 (#AB08-
084)
06:07:28 M/S/C/U (Brockus/Runyon) Move to approve the CONSENT AGENDA as presented.
With no further business, President Maupin adjourned the Council Meeting at 6:08 PM. Council
reconvened in the Council Conference Room for a STUDY SESSION to hear presentations on
upcoming agenda items and a 30-minute EXECUTIVE SESSION to "Review Labor Negotiations" per
R.C.W. 42.30.140 (4) (b).
Prepared and Submitted by:
~~:
CHRISTINE GRENIER
Council Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED: April 2, 2008
BILL #
08- 088
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5D
........................................................................................
SUBJECT: Southwest Bremerton Sewer
Pump Station Power Line Relocation
Agreement with Puget Sound Energy.
Committee Meeting Date: ArEil 9, 2008
COUNCIL MEETING Oat\::: April 16, 2008 __
Department: Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Approval of agreement with Puget Sound Energy to relocate power lines at 2342
Anderson Hill Road. Relocation is being paid for by the City in return for the property required to
build the Southwest Bremerton Residential Sewer Extension pump station.
ATTACHMENTS: 1. Council Summary; 2. Facility Relocation Agreement; 3. Aerial photo.
FISCAL IMPACTS (Include Budgeted Amount): The cost of this agreement is estimated at
$54,504.98. The 2008 budget for the project is $4,750,000.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
--::::.
c-
----~.".
1
,; /,tJ-
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Relocation Agreement with Puget Sound
Energy and authorize the Mayor to finalize and execute the necessary agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Tabk
D Continue D No Action
SOUTHWEST BREMERTON RESIDENTIAL SEWER EXTENSION
POWER LINE RELOCATION AGREEMENT WITH PSE
COUNCIL SUMMARY
Summary
The City has agreed to pay for and assist in relocation of power lines that cross
2342 Anderson Hill Road as payment for property required to build the
Southwest Bremerton Residential Sewer Extension pump station. The power
lines will be relocated to the existing access and waterline easement the City has
across the property.
Fiscal Summary
The estimated cost to the City of Bremerton for work performed by Puget Sound
Energy is estimated at $54,504.98. The project has a budget of $4,750,000 for
2008. Pre construction activities, including property acquisition, are funded by a
$550,000 PWTF pre-construction loan with a 15% match from rates.
CII)' oj"Br<,merton
Soutllll'est Bremerton 1'011'<'1' Lme Re/omtlOlI ..1greemellt mth PSI::
FehruUl)' 2008
PUCET SOUf\JD FfVERGY
FACILITY RELOCATION AGREEMENT
This Agreement, dated as of Wednesday March 19,2008, is made and entered into by
and between Puget Sound Energy, hIC., a Washington corporation ("PSE"), and '
[Municipality], ("Govennnent Entity"). PSE and the Govemment Entity are sometimes
referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS
A. PSE owns and operates certain utility systems and facilities necessary and
convenient to the transmission and distribution of electricity ("Facilities") that are located on
or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and
Existing Operating Rights are more particularly described on Exhibit A attached hereto and
incorporated herein by this reference.
B. The Government Entity plans to construct improvements to the property
located at 2342 Anderson Hill Road Bremerton, W A ("Improvements").
C. In cOlmection with the Improvements, the Government Entity has requested
that PSE perform certain engineeling design work and certain construction work relating to
modification orrelocation ofits Facilities (the "Relocation Work"), all in accordance with
and subject to the tenns and conditions of this Agreement, and any applicable tariff on file
with the Washington Utilities and Transportation Commission (the "WUTC").
D. The Govennnent Entity has provided to PSE a written plan for the
InIprovements (the "Improvement Plan") which includes, among other things, (a) plans and
specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and
perfonn the Relocation Work, including reasonably detailed drawings showing the planned
Iinprovements, (b) a list of the key milestone dates for the Improvements, and (c) infonnation
concerning possible conflicts between PSE's Facilities and other utilities or facilities.
The Parties, therefore, agree as follows:
AGREEMENT
Section 1. Relocation Work
2.1 Relocation Work. The Relocation Work is described in Exhibit B attached to
this Agreement.
-1-
2.2 Performance of Relocation Work. Subject to the terms and conditions of
this Agreement and any applicable tariffs on file with the \VUTC, PSE shall use reasonable
efforts to perfonn the Relocation Work. PSE shall perform the Relocation Work in
accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with
reasonable diligence in the ordinary course of its business and in light of any operational
issues as to the remainder of its utility systems that may be influenced by the Relocation
Work. PSE shall have no liability to the Government Entity or any third party, nor shall the
Government Entity be relieved or released from its obligations hereunder, in the event of any
delay in the performance of the Relocation Work due to any (a) repair, maintenance,
improvement, renewal or replacement work on PSE's utility systems, which work is
necessary or prudent as detennined by PSE in its sole discretion; or (b) actions taken by PSE
which are necessary or consistent with prudent utility practices to protect the performance,
illte6rr1ty, reliability or stability ofPSE's utility systems or any systems to which such systems
are connected.
2.3 Adjustments to the Relocation Work. PSE shall notify the Government
Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including
the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or
modification of any Improvements in a manner that requires PSE to revise its plans and
specifications for the Relocation Work; (b) delays in PSE's performance ofthe Relocation
Work caused by the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the
control of PSE. The Parties acknowledge that additional requirements not contemplated by
the Pmiies may arise during the performance ofthe Relocation Work. In the event such
additional requirements mise, the Parties shall provide written notice thereof and shall use
good faith reasonable efforts to appropriately respond to such requirements in a prompt and
efficient manner, including appropriate adjustments to the Relocation Schedule and/or the
Relocation Cost Estimate.
2.4 Performance by Government Entity. In the event the Government Entity is
unable to perfOlID its obligations under Sections 3 and 4 below to PSE's reasonable
satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use
reasonable efforts to adjust the Relocation Schedule to allow additional time for the
Government Entity to perform such obligations; provided, that if the Parties cmmot
reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate
this Agreement by giving written notice to the Govenunent Entity, and the Government
Entity shall promptly pay PSE the amounts payable to PSE in connection with such
tennination under Section 6.5. PSE's determination as to the satisfaction or waiver of any
such condition under this Agreement shall not be deemed to be a detennination of
satisfaction or waiver of any other condition mising under this Agreement.
2.5 Notice to Proceed with Construction Work. At least 90 days prior to the
date specified in the Relocation Schedule for commencement of construction for the
Relocation Work, the Govenunent Entity shall either (a) provide to PSE a written notice to
-2-
proceed with such construction! work, or (b) tenninate this Agreement by written notice to
PSE. In the event of such tennination, the Govemment Entity shall promptly pay PSE the
amounts payable to PSE in connection with tennination under Section 6.5.
Section 3. Operating Rights.
Unless otherwise provided for in Exhibit B, the Government Entity shall be solely
responsible for the acquisition of, and any costs related to acquisition of any and all operating
rights for the Facilities that are necessary or appropriate, in addition to or as replacement for
the Existing Operating Rights, for completion of the Relocation Work ("New Operating
Rights"). Such New Operating Rights shall be in PSE's name, shall be of equivalent quality
and kind as the Existing Operating Rights and shall be provided in a fonn acceptable to PSE,
all as determined by PSE in its sole discretion. The New Operating Rights shall be provided
with sufficient title infonnatiol1 demonstrating to PSE's satisfaction that PSE shall obtain
clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to
commence the RelocationWork, or otherwise in any way change, limit, curtail, impair or
otherwise affect the normal and reliable operation of the Facilities as located upon or relative
to the Existing Operating Rights, unless and until PSE is in possession of the New Operating
Rights.
Section 4. Permits.
The Govennnent Entity shall be solely responsible for the acquisition of, and any
costs related to acquisition of any and all pennits, licenses, certificates, inspections, reviews,
impact statements, detenninations, authorizations, exemptions or any other fonn of review or
approval given, made, done, issued or provided by anyone or more governmental authorities
with jurisdiction necessary or convenient for the Relocation Work (collectively, "Penuits").
The Penuits shall be on such tenns and conditions as PSE shall, in its sole discretion,
detennine to be appropriate to its needs. PSE shall not be obligated to commence
construction for the Relocation Work, or othelwise in any way change, limit, curtail, impair
or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is
in possession of all Pennits necessary for the Relocation Work and all rights of appeal with
respect to the Permits shall have been exhausted. The Govemment Entity shall be
responsible for performance of and any costs associated with any mitigation required by the
Pennits.
Section 5.
Materials and' Ownership
Unless specifically agr~ed otherwise in writing by the Parties, PSE shall provide all
necessary materials, equipment and labor required to perform the Relocation Work. All
materials, infonnatiol1, property and other items provided for, used or incorporated into the
Relocation Work (including but not limited to the Facilities) shall be and remain the property of PSE.
-3-
Section 6.
Relocation Costs
6.1 Estimate. PSE's good faith estimate of the costs to perfonn the Relocation
Work (the "Relocation Cost Estimate") is $54.504.98. The Parties agree that the Relocation
Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual
costs incurred in or associated to the perfonnallce of the Relocation Work.
6.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its
actual costs incun'ed during the performance of the Relocation Wark, and in the event PSE
detennines that such costs are likely to exceed the Relocation Cost Estimate by more than
twenty percent (20%), PSE shall so notify the Government Entity in writing. In such event
PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be
obligated to continue with perfonnance of any Relocation Wark unless and until PSE
receives the Government Entity's written acceptance ofPSE's revised Relocation Cost
I
Estimate and written notice to proceed with the Relocation W orle. In the event PSE does not
receive such acceptance and notice from the Govenunent Entity within ten (10) working days
from the date ofPSE's notice, then PSE may, at its discretion, terminate this Agreement. In
the event of such tennination, the Govenunent Entity shall promptly pay PSE the amounts
payable to PSE in connection with tennination under Section 6.5.
6.3 Relocation Costs. The Government Entity shall be responsible for, and shall
reimburse PSE for, all costs and expenses incurred by PSE in cOlmection with the
performance the Relocation Work (the "Relocation Costs"). For purposes ofthis Agreement,
the Relocation Costs shall include, without limitation, any and all direct and indirect costs
incurred by PSE in cOlmection with the perfOlmance of the Relocation Work, including, but
not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants,
attorneys and other professionals, administration and general expenses and taxes.
6.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the
Relocation Work, PSE shall provide the Government Entity with a statement and invoice of
the actual Relocation Costs incurred by PSE. PSE shall provide, within a reasonable period
after receipt of any written request from the Government Entity, such documentation and
information as the Government Entity may reasonably request to verify any such invoice.
6.5 Costs Upon Temtination of Agreement. In the event either Party terminates
this Agreement, the Govenunent Entity shall promptly pay PSE, the following:
(a) all costs and expenses incurred by PSE in connection with the
Relocation Work (including, without limitation, all Relocation Costs incurred through
the date oftennination and such additional costs as PSE may incur in connection with
its suspension or curtailment of the Relocation Work and the orderly termination of
the Relocation Work); and
(b) all costs and expenses incurred by PSE in returning and restoring the
Facilities to nonnal and reliable commercial operations.
-4-
6.6 Payment. The Govenunent Entity shall, within thirty (30) days after the
receipt of an invoice for costs payable under tius Agreement, remit to PSE payment for the
full amount ofthe invoice.
Section 7.
Indemnification
7.1 Indemnification. The Government Entity releases and shall defend,
indemnify and hold harmless PSE from all claims, losses, hann, liabilities, damages, costs
and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising
out of any negligent act or omission or willful misconduct of the Govennnent Entity in its
pelfonnance under this Agreement. PSE releases and shall defend, indemnify and hold
halmless the Govennnent Entity from all claims, losses, harm, liabilities, damages, costs and
expenses (including, but not limited to, reasonable attorneys' fees) caused by or w.ising out of
any negligent act or omission or willful misconduct of PSE in its performance under this
Agreement. During the performance of such activities employees or contractors of each Party
shall at all times remain employees or contractors, respectively, tilat Party and shall not be, or
be construed to be, employees or contractors, respectively, ofthe other Party.
7.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification
obligations of a Party under this Section 8, each Party expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the
obligation to indemnify, defend and hold hannless provided for in this Section 8 extends to
any such claim brought against the indemnified Party by or on behalf of any employee of the
indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying
Party fi'om raising such immunity as a defense against any claim brought against the
indemnifying Party by any of its employees.
Section 8.
Disclaimers and Limitation of Liability
8.1 Disclaimer. PSE makes no representations or wan-anties of any kind, express
or implied, with respect to the Relocation Work or other items or services provided under this
Agreement including, but not limited to, any implied warranty of merchantability or fitness
for a particular purpose or implied warranty arising out of course of performance, course of
dealing or usage of trade.
/'
8.2 Limitation of Liability. In no event shall PSE be liable, whether in contract,
warranty, tort or otherwise, to any other pm1y or to allY other person for any indirect,
incidental, special or consequential damages arising out ofthe performance or
nonperfonnance of the Relocation Work or this Agreement.
Section 9.
Miscellaneous
9.1 Tariffs Control. This Agreement is in all respects subject to all applicable
tmiffs of PSE now or hereafter in effect and on file with the WUTC. In the event of any
-5-
conflict or inconsistency between any provision of this Agreement and any such tariff, the
terms of the tariff shall govern and control.
9.2 Survival. Sections 3, and 5 through 9 shall survive any termination of this
Agreement. Subject to the foregoing, and except as otherwise provided herein, upon and
following tennination of this Agreement neither Party shall have any further obligations
arising under this Agreement and this Agreement shall be of no further force or effect.
9.3 Waiver. The failure of any Party to enforce or insist upon strict perfonnance
of any provision of this Agreement shall not be construed to be a waiver or relinquishment of
any such provision or any other provision in that or any other instance; rather, the same shall
be and remain in full force and effect.
9.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth
the complete and integrated agreement of the Parties. This Agreement cannot be amended or
changed except by written instrument signed by the Party to be bound thereby.
9.5 Force Majeure. In the event that either Party is prevented ordelayed in the
performance of any of its obligations under tIns Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be excused during the
Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil
disturbance; storm, flood, earthquake or other Act of God; storm, earthquake or other
condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any govenunental
agency; sabotage; strikes or similar labor disputes involving persOlmel of a Party, its
contractors or a third party; or any failure or delay in the perfonnance by the other Party, or a
third party who is not an employee, agent or contractor of the Party claiming a force Majeure
Event, in connection with the Relocation Work or this Agreement. Upon removal or
termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligation in an orderly and expedited manner under this
Agreement or procure a substitute for such obligation. The Parties shall use all commercially
reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event.
9.6 Enforceability. The invalidity or unenforceability of any provision of this
Agreement shall not affect the other provisions hereof, and this Agreement shall be construed
in all respects as if such invalid or unenforceable provisions were omitted.
9.7 Notice. Any notice, request, approval, consent, order, instruction, direction or
other communication under this Agreement given by either Party to the other Pm1y shall be in
wliting and shall be delivered in person to an authorized representative or mailed, properly
addressed and ~tamped with the required postage, to the intended recipient at the address and
to the attention of the person specified below the Parties' respective signatures on this
Agreement. Either Party may from time to time change such address by giving the other
Party notice of such change in accordance with this section.
-6-
9.8 Governing Law. This Agreement shall be interpreted, construed and
entorced in all respects in accordance with the laws of the State of Washington. This
Agreement shall be fully binding upon the Parties and their respective successors, assigns and
legal representatives.
In witness whereof, the Parties have executed this Agreement as of the date set fmih above.
PSE:
Government Entity:
Puget Sound Energy, Inc.
By~t~
Its
Address:
City of Bremerton
By
Its
Address:
Attn:
A ttn:
-7-
EXHIBIT A
FACILITIES AND EXISTING OPERATING RIGHTS
See attachments.
-8-
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THIS M~P JS NOT IIlTEIIDID TO ~EPREStHr
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ot, ~UG.r POl\if~'S I'D,UlJr o. fIlTUilE
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9204198 NK
SE 33-24-1E
PUGET
POWER
EASEMENT
For and in comider.liD. nr 0.. lJolJ&r [Sl.ool IUld 1llI"" ..I..ble COIIIUlaali<J.. lbe receipt or whi<h i> bertby
atknowbl&<d, SCOTT MAC GREGOR and I,EAR ~IUELLER. husband and wife___
as ;Qin~_ten~nt5~
('Grantor. b:n:in). h=by p;lnls, """'''Y. Ind ..a"ObU to PUGET SOUND POWER'" LIGHT COMPAl>Y. .
W..biDpOR corporu.uon (""Gautcc" hrrcin).. rot the Pwpc1ICS bcu:iuafter Jr:t. roeth, .. papclual cuWlf1l4 over. JaaDU ~nd
ulllJer US~ fuUcnriq4cscribcd. cad propcny(lhe"'Prcpcrty-bcnia)in K; t"~ilp Counly. W4shiDflon:
That portion of the North half of: the Northwest quarter of the
Southeast quarter, Section 33, Township 24 North, Range 1 East,
W.M., in Kitsap County, Washington, described as follows:
Beginning at a point 660 feet South and G9D feet West of the
Northeast corner of said Northwest quarter of the Southeast quarter;
thence,North to a point 265 feet south of the Southerly line of
State Uighway. thence North 60.14' East 138 feet; thence South
to the South line of said North half of the Northwest quarter of
the Southeast quarter, thence West 136 feet to the Point of
Beginnin91
EXCEPT the South 175 feet thereof.
No 1\'!-::::1:::::;' r:..'::~:c!~~tiOD
E~~U:~y I: ~i~a& ~~Uf~r: o~~~f~~u be u.~Rd upon d... pastJoa "flhe Proput)' (thl:
"IUBIU..,r-Way" herdn) dcoail>cd .. r.u..-.n:
... RlJItt-llr.W.J ten IlD I feel in width baYiDI five (5) rd cCltldi..idth ou udllide
of. ccl\l<rliDc dco<ribed as rouows:
The centerline of Grantee's facilities as now constructed, to be
constructed, extended or relocsted lying within the Easterly
half of the abOve described property"
exCISE rAY- ~E.MPi
JUl 3;) 1992
KI1SA!' caUl'll'{
'HE.~JJREit
$8.D[JIiITSAP COWTY CASH
FlLEIHlY: PIXB SoutID POIIER ! LIGHT CO
AU6 J. 1992, 11:06 NI
KAllEN FLYNN, AlJOlTOR
CLERK: LOliAH
-A~F_#: 9208030079
REEL 0662 FR 1518
J. PIIrpost. 0ra01CC' sball M\"e the righllO CGastnIC1, opcn.lc:. maintain, ~ir. replaa: and c:nbfJc one at more
ckc:lriG: Imusmillion .ruJ./or diluihution liJKS o\'cr end/or uDder the ll.i;ht-oC..Way losdhcr with all nec:osary or
can,c:nicalap9W1a11mCC1 thado. which auf iadude but are nDllimitcd 10 the (ollowing::
L OfUba.' r.dJIths. Polet sAd/or towen with c-nnurms. bnLl;cS. IUJI and aa.rhoB" dtctric transmission and
diltriktiDa lines; mmmunk:atioo end: aipud: llne:3I; lramfo~n.
b: u.lcrpoUDd ,.dD.U... Uadc:l'Jmuad coallaiu. Ables. VIIutU. manholes. .witchCl and IanIrar~ IJ,/!!mi-
hwic:d Dr'ttalmll mounlcd. flcilitic5 ILlcb a, padJ., traa.sfarmm and swilc:ba.
f'aUDMDJ lbc: initi&lcoJUtr\lCllDA of ltJ f.clitiCl, OnDtcc may from Woc to tUnt: consuuc:t ,ur:haddnioNlltiaai and
other fo<iliti.. as it IllaY rcqultc.
2. Acctu. Granteelhan n..wthc ripl of ~CCCSIi to tbeRipa.ar...Way GYU..nd Ilctcs.sthc Prop:rty ta tn3btc GnI.J\leeto
eJ;cn::Ue1l riahb hcn:utKIu,prQYid~. that Grantee.halI eo::Dpeca.te Grantor Cor aoy damaartothc f'r>>pertyauw bythc
cua:isc or..id riabt or =.
J. Cwttin.. orTttd. OranttclW bave the: right (0 W1 or trim any BDd an brwb Dr tre'IS ltandina: or IfDwi.RJ, upon the
R.iaht-of~Way, and alia Iheri,ht to cu( or trim. Iny trees upDn tht rropaty ....hic:h. in faUiu&, could. in CimnU%'ucuonable
jodaanmt. be . bWlld to On.I..~ rO<ililico.
4. Gnntut'a usearRt&ld....r.w.'. Gnntonactvcs lmril~ to usethc Ri~ll-or-w.y rOt BUY pW'pose not ltIt:OoUstt:ntTvitb. therightl ha'cin I"Dnt~ proridcd. that Orantot.ha1I nOl co~ Qr maintain afty bDildiq Dr ather atrudure 00 tb~
Rishl..,r.woyand Gramnr.haIldo no blat.in: lOi!bin300 red ..rGran'"," flociIlti.. wilbOll' OlllllR"priorwrittcn<ODKnl.
5. JruImmlIy. Byac:x:opll11Jand ....ntin!llhi. cmcm:nl. Grante..P"' to indCll1lliryand bol4 """"Ies. OronlO< r,om
aJl)' and all daims rorinjprii:S.nd/or"~ aulfaul by a.n)"pcnoD which may bC'c.auKd by 1ht: Gmnlee"s e:lcn:Uc orthe
ri,btI bcrdngnutled; ptOvid<d.1h11 Gronlcc .1JaII.Dl bcmpon.;bklO Oronlnr ror any injutic> owIl or dalllbl<> ,o..y
pmon conled hi ad. or nmissi"", of Grantor.
6. AbandlJllDlfRl, T~crilbtl~uci.JWllal.h.Drolllin"uDlD.ucb li"",asOranlcclXUCllo""'lrn: RiJI~"'f.W.y
for. f'C'iod offivc(S) JIXCaSiVt)un.. in whichc~ent this casement ,haD termirmte and aU right, ht::Kucdcr ihaJ! rctcrt 10
<ili1ntor, pro\icfedt Jur no atgndonm:al Jb.il11 be deemed to have otalrRd by n::uDP orOrantcc" kilurc(o uU1~Uy inslllU
j(s fztciJiti. Oft (be Ri81U...,r~W.l1Y ,..ilbi., .Jty period of time fram lhe d.l~ hac:ot
1&U'~'"
,., .:,:
.' , 'tJ<-, L--- 371 -
.:,(",...<<A;.>' :-~,.J - \, vnL III 4.i-'
EASEMENT ~1""O;;;j 'i.. 1: GE :t~
..h.........Il.... ,):..10 "'. \
THUI INt1~TL,1In... ftl,ach thl. 28th daJ' .t ;r~y..... ~ tL 10_~_
b.tw.." A. B. Tilden and ltathrvn- T'ildt"n his ll:1 rlll.\~ "'-j-nqAp'h nu<llth...~.....~'r ~'Jd .;' .
~
110 tl1burga UUIl.oballmor, I1lsw1~e, .' '
r-
her-tn.[lU caUed: the G...IrtD~ p~.r the tlm put. PUGET &OUND POW1i:R &. UGHT GQMPANYr.. Mnu.chuutt.a cor.
paI'IIt!ea,- beretnaller call1ld tft.. Ora,,"" Plrt1" 0' u. iHcond part" aAd
huelnal'tM" c.lIl!~ Uta Nmp,... pU'tJ' at She- third ,.rt, WJTNIUIDETtI;:
TlLat the Gr'fttor..L. for _rid hI. ClInllllll1'atJoo of the lum t1' One And Noll 00
tiel"'... (t 1.00 \ and C1l!t.,. valu.hle conalduaUaMo tTCf;~' .f whlcll Ie lltN:ltl1 acllncrWlr:dgc4, hueb1 callW)'_ a1Ul
INrrt...!!.- fa Q. Gr&lluc, 11. '1le~""R and a.'.n... lb. rlghL, prlvJI..e and lIUUlorttr la con"trllCto eru.t., aHu, IrrFNtVIl, ",pair-.
opera"" Ind malllllln .n "u~rfc tra...rnJ...loa anct dl.trUrotJoa 1lM, ~,..llIlJng of ~I'" IIr pole.. willi ncec:n.1"]' b,,~U,
~U71 and ancbll.... .lId U pl.~ ",Cia cr IRISJ1tCld fl'llrn with Jill.. b'~I'lIIN"'Dr., d1_1libUlbn and ,lanai ..Irec, Itnulatarc, tTlI..-.nnl.
;r&nd'armu. and Dth.r otc.....". er Rn...nltlal .Fpurtlaa,.CH" ICrvM, an,. and! ~ u._ .!Ollowl". lfeacl'UI.d' Jan.. and p.reml..,
'ILu..~d In lho OoDftb' of I"it.aa.n 8e.t. II' WuhlnRt~n. t.a--wlt:
The lIest. ~36 reot. ef t.he toiloring d".crilMtd propert:r' Beginning 6UJ re"~
Sout.b ""d 26J,. Ce"" lI'e"" lOr the Ilor-t.hent. comer oC t.he Horth""et quarter.
oE tbe Soathl>&lJt. q..........r, Sect10n 3), To....hip 2J, Hortb, liango'~ lIeet., 1I.llj
thOllc. Weat 426 teetj th...e.. Borth to 5tate H1glnle;r; theneo :in en EB.t...rlJ'"
d1Joe<:UClI lIl-ong eaid higIlwa:r to a polnt. due Horth or t.l1o point or boginningj
tlulllce South to th. point af beg1nn1ng jit being undoratood that a concreto
............t haa b.... placed st tbe Rortbeut comer ot .aid tract aa " point
Gf hag1mlfnsJ jlXc~t the 5outl1 375 teet thorlll>r; lIlAo uCBpt bec;1Dn1ll& at
potDII lOr 1DteJ'Boc1;1on or We8t Uoo oC IIllor. de8cr1bod progort:r ~-50uthorl:r
1llU'glJ1 DC atat. lI1Shwa:rj thllllco South 100 teet; tl1anoe Xact 100 toot; throco
NDrth to the Soutl1or1:r '1IlIU'glJ1 lOr tho Btato lUg!rrm;r; thonoo WODhrly lIl-ong
the SoutherlT IllU'g1Il lOr State lUglmo:r to the point lOr h.j)1Iln1ng.
I
The ~tu 11,,8 .f ..W \raMlml.r.. and d&.trlbtl.Ua" UIte to b. IDellted' .. rouo..,;
1-'
Ai. -no" -iocated and staked acrou the llboTe' described property. tDC"ther
1d.th tbe rigl1t to ext.ond trOOl ..aid lin. to 80..... adJetent cust....ra.
TClII.tlUlr ..-Ith the ....1I114..t all lira.. 10 thlJ' Granu.. Ila .l.K......,. an. ......-. .t IIIIJT"MS to .M1 ."r.... Iron aid h"41 aCnJ" ad-
JI~"" Itn.. of the O':''Q:tDr-B. fQr th. PUI'PO" of '-GMtnll:Uao. recOJlllllUroUng. "palrl~ ""ewl". .~ri"11 cb.nl~nar pt~IUn1
and OP'l'I.tina uJd nMto .JIIt U.I rlgtI,l.' .~ ILma w ~mvY. '11d po1.., ;-t,... .~ app~..nu. 'root ..rd In""
AIIIO t.k. rt.ht t.;p th. Oran",. Ita .uc..cc..~ ."d anfa"" a' .n tJmaa to cut an In""" .'u. U....r. and trim .n In.. IlLand'ln; en'
1If'81ltlnll UIlGa Mid l&a4. wltlat!. In the .pwo..r tha o.unt.1l, ca..tlluu. malllu"ord..r tv ...Id nne.
TII. QrantarL .:fih.lI1J:...h.Crs" .ul:.....n Dr ''''1'''' ~""o.aL- an" agree-- VI.... f:h"7 ..,UI 1:101 d4 -"7 btutJnD or
S!f~~?!_"PIHl""Wlthh'. dlt~ Gf Utrn hll".,..d (1<<1) fed.r ..Id Unt with..... .twlDtJ rc..onabla _Uea 'n wrlU"1I lIr
-tI!....d'~rllWl .1,. ..evcc-PGN Dr ....Ion.. at I.tendon MI tA do.
. ~'?ilhf:-,; Eiit~.prI"II'1JM and ....u.uttJ tt.tftby .~.. &hall mntl".. a"d b. In faroe "nW~" tlm,.. the C,.nlct., It. 1113-
!: .c...n;_IY:"'lUJIl!.e~'!h~11 plI""anCDU, ra_.,. 1&1. pili... wlr.. .fII" .,,~.. t..._ uW laltda..r ....11 .lb.,.,.,I.., pUM.an.nU7
__-;-' "1oe.,.Nn~~'Jb.~.!'~~-U.. .1I.ua.h-rJllh~ dUo, p"bUlIiIIM aRd .~rU7 h.rab7 .,...nl.c1<<haU 1.f'At'nlt.. .
'. _.~:' -......~njo lDOI1;Qai. an_ Ul. uld PftIIIItU tKhllly ttaa M.oc'tp,.. NOn named..' hu.", ~1..,Od b tM utant.l;Nt Il!,~' ~D the atent.
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EASEMENT
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TtfJ. IHD6NTUR....... UlI, 9t.h d" Ir Seutlllllber A. o. ,.~_.
.,tw.", LI W, lJu~burt and El.aanoLJ.- Hulbllrt, h;R wlrR.-01lJ1el'~e.nd Alt:~
!i~k~~B~cl Bel1e.EriaIC.!LOl'lollh_..wi!.e.Jto1dflllZ unreoorded oontract otJ!lU:JlimJIl/
~!1='fl.nClr "lied Un: GtaDtlllr~ P~CI' the n~ p.rt. PUQ,ET 80UND POWER 6. UGHT COMPANY.. M....,tbuntt. eGf'o
51;~n. h,,..I,,,.fbr can,d \he Ilt~ln, part)' elf thl ~KOnd. put. ...--------------------------,..-------
~611Rr111r1nrt4'..nj"'~"'),T_n.'!"'t.mrrr~ WITflEQ8ETH:
Th.~ lb, Gralltor.Jl.. far Ul.d In II;'II'1UJJlkrallDn of the'\Im of ------ onft dnll A.'1'" -- ----------- ------
DDlI,,. (, 1.00 , ~d oU,"" "'~""'c; CCll'llldaratlQln.. recdpt .r which I, hcrdl7 Uknll..J'daed. hentJy eIl".er~ _ and
grant.-.- b the a,l'awUI. U, aate:celaor. Ind ."'filM, tft, right,. prlwlh:gl and I..-Ulorily ltI C'Q;nlltTu"" ~"~" .Un, lntpron. repair.
opwat. end maln"-'" _" d~O'lrh:: wnllllllnlall ..41 dlltrlb""llIn Unt, conllltIIIg of. R i n~1f1""a or pG1-. with n.u..ary brace&,
."pa and ancfl"n, _nd tD pla~ ".,on .r au.pend tram .uch polea tr1lllPllIulon. dlatrfl1ullon and algnal wire.. In.,,'alon. cro...rl1"
~cfD"'.'" and oUlar J'I~"I;;I"" or connn"'''. .pputtan.neu. aen&&., 6ver and Up.," 'he roU..l"lI dctu1bl:d t.nl!. .nl! prcrr.bl:.
.Ilu.ud In tM Cetmtx of
lrttlll\p
&tat~ ar W..h1ftlllloft. f..o.-WJt.:
Part of the Borthweet i of the Southeast. f, 6ection 33,
TOWllehip 24 North. Range 1 JJ:a8t.. Y.ll" deacribsd as f01101rB'
:Beginni, at a point 690 feet Weet of tho Southeaat cnmer
nf the Korth of the llDrtbwut t Df tho Southoast t of D&id
Sootio" ~3i thence Y6lit to the Yoot lina of said Ilortbweot t
of 80uthoallt tj thence Nortb along the nst lino of said Jlorth~
..out t at 6outl1l1allt. t to tho 60uther~y lino at stato anad Ho.
14. thenoe .atarly along said Soutborly line to a point due
Borth or the point ot beginning; thonos South to tho point at
beginning,
Th. CCIl.... U.. lit' ..1. tra""",...lm .ft. 4IttrfhllaA UnII La 1M Igq.\td .. 'wh""a:
".&11" DOlt. lirtis;tiilf- and ..tt11cft"oTor and acrolie the -abnvo di:iecrib-e4
property, This oaeellWnt cancole and Buporsodoe 1oho.t oertain
e&aslDllnt dated April 17. 1935. filod for reoord JDIo,y 6, .1933
allcl. racorded in Volume 185 ot Deeds. p.ga 41.6, atloorda ot Xitsap
Oounty, 1'o.8h1ngl;oDo
TlDadhn- wlOt Ute' rIght III allUme:t to the Gl'anllO.t Ita .u<:u.-or. and ...Igtl" of 11l1fT"II" U anlS ..,...... 'ram ...1. 'aAd. aa,.. ad-
J&l:ant land. 01 Ibe at.ntot'..&.... fot the purpc.. of eorutnfdlng. ,.~nClo np.trlhClo rnundnl. aUodna. l:~n.I"iI. p.lt'IIlUI"lIil
uzd o"'trallng uld IIn., and the right at lllIJ Unaa tD rc......... Hid pate.. WlrA and .PPllrt.n.nc.n .rJlm ..I. l.ftdL
"In the rllM .... the Orantn, II. .WCC"",. and ...Ip.. at aU tlmO. b ell' an brvlh ... U-*ar. and trim .Ut..... dandle, .r
,'81IIInl 'II....n ..Id land. whte:h. 'ft tilt ~lnJoft ar Uta GraftEd, a-naUt.ute . ms,..n or IiI.nllltr to .ald line.
The O...ntoll"..a... ~alr," aucnaMh u ...IIlII" ta"y&'....nl- and aGrae- .hat....-..t.hs7_"'11I ntt 110 an)' btutlnll or
clIteb..l'Jc an, uplotlWla wllMn . dI....ll'lc. .r u.n., twnu.tI {lOOt feet Gf uld lIac ..lthollt gl'tlrtl' rcannabltl ttoth~c: In writing w
tha c;ntab.. I.. aucoc.a'" Dr ...tgtl.. at 'ht.ftlIoa h III life..
Th..ri.!r.ta. till&, Prhf1II1U .... nth.rllJ' b.nb)o IInlnte1l ...U ~Ina. &Ad k In {.ree vnt.Il .ad! it"", .. th. GraIl'C~. Ita aue-
., __ _. ~"IlD~ aWg..'1.~t ,..,--nAJrl1y rc:maW.w. ,.:. __It*. .nd .1Ppu:::Mu.........tnm. uld b.nd~ Df' ....U .u..n.1.. pu",an.nUy
- ahIInd.n-.fd I~n..'at which Um. aU mc.h n.lhta. till., prlyU_an aft" ,u.".rltJ' ,.,..bT ...nt.4 lib_II teNdnaw.
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ftl WIT~I!"" WHEJU!OF. Ude ladr\lm_t hu baNln iPKUtalt th. .saT and par ftNt .bna "",!u.n.
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EXHIBIT B
RELOCATION \VORI(
(TO INCLUDE A DESCRIPTION OF THE WORK TO BE PERFORMED BY PSE
TOGETHER WITH A SCHEDULE FOR THE PERFORMA.l\,jCE OF THE 'VORl(
AND A DESCRIPTION OF ANY NEW OPERATING RIGHTS REQUIRED FOR
THE PERFORMANCE OF THE WORK)
This agreement covers the power line relocation and undergrounding at 2342 Anderson
Hill Road in Bremerton, Washington. The City has agreed to have the powel' lines that
cross the property at 2342 Anderson Hill Road relocated and converted to an
underground distribution system. The City is requesting to have three overhead spans
of three-phase distribution facility relocated and converted to underground from pole
number 619768-154334 to the end ofthe overhead feed at pole 619709-154351
(approximately 600 feet). Once the relocation, underground conversion is completed
and energized the overhead spans and poles will be removed from their existing
alignment. The City has agreed to provide the trenching and placement of ducts and
vaults in the new underground alignment.
-9-
PUGET
SOUND
ENERGY
FACILITY RELOCATION/MODIFICATION
ESTIMATE DETAIL
To: City of Bremer ton
345 6th Street, Suite 600
Bremerton, WA 98337
Date; 03/19/08
Altn: Brad Ginn
Project Description: Remove existing OH facilities and install new UG facilities
Location: SR 16 & Anderson HiJl Rd.
PSE{Potelco Project Mgr: Doug Long
AClivify;IInstalJation of distribution
PSE Order': 101048166
Materials
Construction
Engineering & Management
Right of Way
Overhead
$ 15,344.08
$ 27.438.95
.$ 6,985.78
$ 1.292.00
$ 3.444.17
'f8101fEsfta'Ftri.€osf$f,F'l'''':'
~>.J:~f.:;:..~w;;:....-~tm~t!t!:~.~~':::I!r~w~~
Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009.0868
Billing Detail Form 5/0]
DATE SUBMITTED: Apri12,2008
BILL #
08- 08,!
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SE
........................................................................................
SUBJECT: Purchase of Parts for the
Rebuilding of the Influent Screens for
Wests ide WWTP.
Committee Meeting Date: April 9, 2008
COUNCIL MEETING Date: April 16, 2008
Department: WWTP
Presenter: Pat Coxon
Phone: 473-5448
SUMMARY: Purchase of parts from Parkson Corporation to perform a complete overhaul to the
influent screens at the Wests ide WWTP. Parkson Corporation is the manufacturer of the influent
screens, and therefore this is a sole source purchase for these parts. The total purchase price for the
parts for the influent screens is $65,000.00 (including tax).
ATTACHMENTS: 1.) Price Quote; 2.) Photos of Existing Influent Screens.
FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the 2008
Wastewater PS/WWTP Capital Budget of $500,000. Bars # 594.3535.56430.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA IRI
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the purchase of parts for the complete overhaul of
the influent screens from Parkson Corporation for $65,000.00 (including tax).
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Par~
Tn_tlna Wilt., Rlg"t:
2727 Northwest 62nd Street
Fort Lauderdale, FL 33309-1721
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Aftermarket Sales Quotation
To;
Frank Harer
Date;
March 24, 2008
Company:
Tel.;
Bremerton, W A
(360) 473-5449
From:
Tel.:
Louise Dunevant
Email: frank.harer@ci.bremerton.wa.us
# Pages: 4
Subject: Serial or Project # AG-1684
.,
Thank you for your inquiry. The requested item(s) are available to ship with an estimated (4-6) week lead-
time from the date of order. This lead-time is an estimate only and is not a guaranteed delivery date. If
expedited shipment is required please let us know.
Fax:
(954) 917-1828
(954) 935-6249
Idunevant@parkson.com
Emall;
Front Guide Rail, AS/OH 1 set AOO,150
Rotatin Front Rail, 1A-5915/1A-5916
r'--X Drive Shaft Assembly, 1A-5910/1A-5914
, U er Guide Rail, AS/OH 1 set, 1A-5983
! Lower Guide Rail, 1 set, 1A-5943
. I Side Seal, 1A-5923-07
lJ~!scharge Pan Seal, 1A:5932--
_ " Front Seal Brushes '^{ith clips
I-_~reel'l ASbClllb~, CO~t6, ~A.s917
L.... ,..,~reen AssembL. Co~ent
I ')( I Side Plate, Phenolic, 1A-5766__,
.J(' ! SpacerWasher.JA-268
X' i Conveyor 9hain
i Filter Shaft. 1 A-5919
I Sna "''Rln,g
. ! Filter Element, EL513CB
_L..._..... ,...._ _.......
The Quotation is submitted pursuant to Parkson Corporation's Terms and Conditions, which are attached
hereto. Prices in this Quob;ltion are valid for thirty (30) days from the date of this quotation. Shipping
charges are not Included in the item price(s). Shipping terms are FOB shipping point. Freight is prepaid and
added to the invoice, unless otherwise indicated; Payment terms are net 30. Some Parts require special
crating which will be additionally billed to your account. If the cost of the.crate is known at the time of this
quote, it is included in the price above and noted, as such. If the cost of the crating cannot be determined at
the time of this Quotation, it will be shown as a separate line item on the invoice.
Please refer to the above serial or project number when placing an inquiry or when ordering Parts.
Parkson CorDoration reaulres either a written Purchase Order or this slaned Quotation to be faxed.
emailed or mailed. Please include a copy of your Tax Exempt Certificate if the order is non-taxable.
Purchase Orders should be made out to Parkson Corporation. We accept MasterCard, Visa, and American
Express. Please be sure to include your billing and shipping addresses with your order. There"is a $50
minimum on all orders.
TSD
1003312
TSD
1001684/1001687
1003309
..-......~
! 1002647
! 1005057
~.99..~.~62/ 0000453
::t=:::::::: TB D
~_. .--.......-..
I 1000737
$2,102.00
$2,213.00'-'-
, $3,523.00
$1,940.00
$1,170.00
$114.00
$44.00
! '-$338.00
:-'$~~!.1e5.00
-.. .....-1
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1000740
r-" '.. --- ..~..... $42.90 ._~.. "'-,
1001879
.--.. ," .
I 1003144 $85.00
i 0000034 $1.60
1000745 $3~60 I
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35% Restocking fee for all returned items, No return on electrical items or custom parts.
Fort Lauderdale Chicago Montreal Sao Paulo Dubai
www.parkson.com
technology@parkson.com
A Packaging & Handling fee of $25 for all orders under $2000.00 will apply unless paying by credit
card. In those situations, fees will be waived.
Sincerely,
~ Iit'v\~
Louise Dunavant
Rev. Date 2/15/08
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REQUISmON1NG'
DEPARTME~T
AUTHORIZED BY
CITY OF BRE:MERTON
PURCHASE REQUISIT10N
f>d I w~I~"
MARK FOR'
DATE
[DEPARTMENT H.EAOI
P.O. it
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(ASSIGNED BY PURCHASING DEPT.)
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QUAN
UNITS ORDERED
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INTENDED USE
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DATE SUBMITTED: 02-20-08
BILL #
o 8~ 010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: Basic Life Support Agreement
between the City of Bremertol1 and Handlers
Racing Association
Committee Meeting Date: 04-09-08
COUNCIL MEETING Date: 04-16-08
Department: Fire
Presenter: AI Duke, Fire Chief
Phone: 473-5380
SUMMARY: This is an agreement between the City of Bremerton and Handlers Racing Association
to provide one fire engine with a firefighter and one firefighter/EMT, at a minimum, on each race
date. South Kitsap Fire & Rescue has been providing this service for a number of years, but it has now
placed a strain on their services to fill these positions every weekend from April till October. The
Handlers Racing Association is reimbursing the City at a rate of $1 00.00 an hour. The Fire
Department shall then hire individuals on overtime to cover the event and not take away from the on-
duty staffing.
A TT ACHMENTS: Agreement between the City of Bremerton and Handlers Racing Association.
FISCAL IMPACTS (Include Budgeted Amount): This Agreement will generate approximately
$18,300 in revenues and corresponding expenditures in the Fire Department.
APPROV ALS:
DEP ARTMENT 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 Basic Life Support Services Agreement
Between the City of Bremerton and Handlers Racing Association with a corresponding budget
adjustment and authorize the Mayor to finalize and execute the Agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN TH.E CITY OF BREMERTON
AND HANDLERS RACING ASSOCIATION
This Agreement is entered into among CITY of BREMERTON, a municipal
corporation, hereinafter referred to as "CITY", and HANDLERS RACING
ASSOCIATION, a Washinhrton Nonprofit Corporation, and the principals in
HANDLERS RACING ASSOCIATION, namely, GORDON HOWELL and
BARBARA HOWELL, husband and wife, and HANDLERS RACING ASSOCIATION
and the principals therein shall hereinafter be referred to as " ASSOCIATION", and shall
each be jointly and severally liable for aU obligations imposed upon the ASSOCIATION
herein.
The ASSOCIATION has requested the CITY to provide basic life support
services at BREMERTON RACEWAY regarding raceway events to be held commencing
in March 2008, and concluding in October 2008. The scheduled race dates are set forth
as follows:
April 18 May 9 June 13 July 4 August 8 August 22 September 19
April 19 May 10 June 14 July 5 August 9 August 23 September 20
April 20 May 11 June 15 July 6 August 10 August 24 September 21
These said dates will hereinafter be referred to simply as "race dates". The CITY, has
agreed to provide the services hereinafter set forth on the race dates.
Now, therefore, in consideration of the foregoing recitals, and the promises and
covenants of the parties hereinafter set forth, they agree as follows:
2008 BASIC LIFE SUPPORT SER YICES AGREEMENT
BETWEEN IlREMERTON FIRE DEPARTMENT
,-\"'m ILc\."iDLERS RACING ASSOCIATION
Page 1 01'7
1. ~en:ilttU!ll.:2!.~{D~ The CITY, will provide a ftllly equipped fire tmck together with
one firefighter and one Firefighter/EMT, at a i111nimum, on each race date indicated
herein. CITY personnel at each friCe date event shall be prepared to provide basic life
suppott services and be equipped with radio communications to request immediate
response of advanced life support services in the event such services are required.
The fire tmck and firefighters will be prepared to provide immediate fire protection.
It is expressly understood the fire protection will be provided in a safe manner
according to CITY standard operating procedures. CITY personnel will also have the
ability to request additional personnel and resources as required. In no event will the
CITY be responsible for costs to replace BLS services.
Notwithstanding anything to the contrary, however, if emergency
conditions are present in the territorial areas served by the CITY on any race date, which
conditions require the services of the equipment and personnel covered by this
Agreement, then and in any such event, the services and equipment to be provided by the
CITY on any such race date shall be withdrawn. In the event emergency conditions .
prevent the providing of CITY personnel and equipment, a representative of the CITY
shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as
possible at (360) 674-2280.
2. Service times. On Friday race dates, the services to be provided by the CITY
shall commence at 4 p.m. and shall end at approximately 9:00 p.tU. The July 4 race
2008 BASIC LIFE SliPPORT SERVICES AGREEMENT
BETWEEN BREMERTON Fill.E DEP.ARTMENT
AND HA.!'\iDLERS l1A.CING ASSOCIATION
Page 2 of?
event shall begin at 11 a.m. On the race dates falling on Saturdays, the services to be
provided by the CITY shall commence at 9:00 a.m. and shall cease at approximately 6:00
p.m. On Sunday race dates, the services to be provided by the CITY shall commence at
9:00 a.m. and end at approximately 7:00 p.m.
3. ComDensation. For each race date event on which the CITY provides the
service identified herein, the ASSOCIATION shall compensate the CITY at $100.00 per
hour. Compensation checks will be made payable to "City of Bremerton", and tendered
to the CITY at 911 Park Ave. Bremerton, W A 98337, within 10 days of receiving an
invoice from the CITY office.
./
PROVIDED, HOWEVER, if the CITY representatives appear at a race event to
provide the services called for herein, and if the races are canceled for any reason, or
rained out, compensation shall be paid to the CITY at $100.00 per hour, with a minimum
of 2 hours.
4. Orientation bv ASSOCIATION. From time to time, the ASSOCIATION shall
conduct orientations at Bremerton Raceway at times mutually agreeable to the
ASSOCIATION and CITY, to allow CITY personnel who are new to the
facility to familiarize themselves with the different types of racecars and their
characteristics, and the services they may be called upon to provide. CITY personnel
may inspect and orient themselves to all types of racecars participating in the
ASSOCIATION events.
5. ,Location of CITY personnel and eQuipment 011 race dates.
2008 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREr-.IERTON FIRE DEPARTMENT
L\ND HA@l.ERS HACIN(U,SS_~~IATIQ.~
Page 3 of7
On each race date, the ASSOCIATION shall provide a safe area for the CITY's
equipment to be located and its personnel to observe the race events. The
ASSOCIATION shall also provide to the CITY's personnel and its equipment an
immediate response route to access racing equipment and spectators.
6. ASSOCIATION representative. An ASSOCIATION representative shall be
designated and available throughout each race day event on which CITY services are
provided, to meet with CITY personnel to answer any questions and address any
concerns the CITY personnel may have. The ASSOCIATION representative designated
on each race date shall seek to diligently solve any concerns raised by CITY personnel to
the satisfaction of the CITY personnel.
7. Insurance covera~~. Prior to the commencement of the CITY's services hereunder,
the ASSOCIATION shall deliver to the CITY, for review by the CITY's insurance
representative, a copy of the ASSOCIATION's insurance policy covering race day events
which policy shall provide acceptable coverage for CITY, together with a policy
endorsement naming the City ofBremerton an additional insured. Prior to
commencement of the CITY's services identified herein, the said insurance policy must
be reviewed and accepted in writing by the CITY's insurance representative, to its
satisfaction. The said insurance policy must also provide that it will not be canceled or
altered in any fashion without first providing to the CITY thirty days advance written
notice.
8. Hold harmless. The ASSOCIATON shall defend, indemnify and hold the CITY, its
officers, officials, employees, agents and volunteers harmless from any and all claims,
2008 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
:,,""JD HANDLERS RACING ASSOCIATION
Pag.: 4 of7
injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of
or in connection with the performance of this Agreement, except for that portion of the
injuries and damages judicially determined to have been caused by the CITY's sole
negligence.
The provisions of this section shall survive the expiration or termination of this
Agreement.
9. Termination. This Agreement, and the services to be provided by the CITY herein,
shall terminate at the conclusion of the last race date event on October 5, 2008. Provided,
however, and notwithstanding anything to the contrary herein, either party may terminate
this Agreement with 10 days written notice to the other party. All said termination
notices, and other written notices, shall be directed to the parties at the following address:
Handlers Racing Association at P.O. Box 396, Bremerton, WA 98337; and to
Bremerton Fire Department at 911 Park Ave. Bremerton, WA 98337.
10. Cooperation of the parties. The parties hereto shall strive to cooperate with one
another at all times so that the terms and spirit of this Agreement may be fully
implemented in a safe and harmonious manner.
11. Complete Al!reement. This Agreement constitutes the full and complete
Agreement of the parties and shall supersede any prior verbal or written Agreements and
understanding of the parties regarding the matters contained herein. Any changes or
amendments hereto shall be in writing and signed by all parties.
12. Lel!ul actioll. In the event legal action becomes necessary to enforce the terms of
this Agreement, or regarding the terms of this Agreement, each party is responsible for
200S BASIC LIFE SUl'PORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
.\ND I-L\NDLEI~~J.L~~ING ASSili~'\TIO~
Page 5 01'7
their own attorney fees. The venue for any such action shall lie in Kitsap County,
Washington,
13. Authority to Si21l. The individuals signing this document in a representative
capacity, hereby wan"ant and represent that they possess full legal authority to bind their
respective organizations to terms hereof. The CITY approved the terms of this
Agreement at its CITY commissioners meeting held on the _ day of
,2008.
14. Modifications. This agreement may only be modified by written instrument signed
by both parties.
CITY :
Date of signing:
.2008
CITY OF BREMERTON
By:
its:
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
2008 BASIC LIFE SUPPORT SERVICES .\OREEMENT
BETWEEN BREMERTON FIRE DEPART'vlENT
AND HANDLERS RACING ASSOCIATION
Page 6 01'7
HANDLERS RACING ASSOCIATION:
by:
/ / ] i / ,')
/<..0::".-..,...","> / /'';''"J''l,'';~'-'2:>
GORDON E. HOWELL
President
PRINCIPALS IN ASSOCIATION:
/,C;; I j'-'> / /'/ / /
by: /<~~;t7)~ /' /~;;".';:t-l"..d<-"f
.
GORDON E. HOWELL
Address: 2219 SW Pine Road
Port Orchard, W A 98367
~::no.: (360~ 34~4462 ..
by~ ~.(LlAt--~'c:.:~~_<:;-t:,j(l
BARBARA F. HOWELL
Address: 2219 SW Pine Road
Port Orchard, W A 98367
Phone no.: (360) 340-4463
2008 BASIC LIFE SUPPORT SERVICES AGREEMENT
BETWEEN BREMERTON FIRE DEPARTMENT
,\1'\0 HA.NDLER~ RACING ASS.Q~':1.\TI()N
Page 7 01'7
Date of signing: January 20, 2008
/.---.
/
\1 (_ I) }' 1
~- I J
~ -' ~,,'" '1
by: .;:) {( \-i;l.C~ --: '"," , fJ._.l".~T)::j
BARBARA F. HOWELL
Secretary/Treasurer
Date of signing: j v -:2:., {) ~.,?'J d-~/
Date of signing: /.- d 0- 0 3'
DATE SUBMITTED: 03-13-08
BILL#
08-0'11
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5q
........................................................................................
SUBJECT: Inter/ocal Cooperative
Purchasing Agreement between the City of
Bremerton and Whatcom County Fire
District #6.
Committee Meeting Date: 04-09-08
COUNCIL MEETING Date: 04-16-08
Department: Fire
Presenter: AI Duke, Fire Chief
Phone: 473-5380
SUMMARY: This InterlocaI cooperative purchasing agency Agreement is between the City of
Bremerton and Whatcom County Fire District #6. The Interlocal agreement will be used to purchase
Self Contained Breathing Apparatus for the Fire Department in which Whatcom County went to bid
on 2-14-08.
ATTACHMENTS: InterlocaI Agreement
FISCAL IMPACTS (Include Budgeted Amount): None
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~
~ ' ~?7
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOlVlMENDED .MOTION: Move to approve the Inter/ocal Cooperative Purchasing Agreement
between the City of Bremerton and Whatcom County Fire District #6 and authorize the Mayor to
finalize and execute the Agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT
Pursuant to Chapter 39.34 RCW and to other applicable laws. the City of Brcmcrton ane!
Whatcom County Fire District #6. both municipal corporations. hereby agree to cooperative
governmcntal purchasing upon the following tcrms and conditions:
This Agreement pertains to bids and contracts for supplies. material. equipmcnt. or
services that may be required from time to time both by the City of Bremerton and
Whatcom County Fire District #6.
1. Each of the parties from time to time goes out to public bid and contracts to
purchase supplies, material. equipment and services. Each of the parties hereby
agrees to extend to the other party the right to purchase pursuant to such bids and
contracts to the extent permitted by law, and to the extent agreed upon between
each party and the bidder, contractor, vendor, supplier, or service provider.
2. Each of the parties shall comply with the all applicable laws and regulations
governing its own purchases.
3. Each of the parties shall contract directly with the bidder, contractor, vendor,
supplier, or service provider, and pay directly in accordance with its own payment
procedures for its own purchases. Each party will indemnify and hold the other
party harmless as to any claim arising out of its participation in this Agreement.
4. Any purchase made pursuant to this Agreement is not a purchase from either of
the parties. The Agreement shall create no obligation to either of the parties to
purchase any particular good or service, nor create to either of the parties any
assurance, warranty, or other obligation from the other party with respect to
purchasing or supplying any good or service.
5. No separate legal or administrative entity is intended to be created pursuant to this
Agreement. No obligation, except as stated herein, shall be created between the
parties or between the parties and any applicable bidder or contractor.
6. The City Clerk of City of Bremerton and Whatcom County fire District #6 shall
be representatives of the entities for carrying out the terms of this Agreement.
7. This Agreement shall continue in force until canceled by either party, which
cancellation may be effected upon receipt by onc of the parties of the written
notice of canccllation of the other party.
INTERGOYERNMENT At PURCHASING AGREEMENT - Page I of 2
(hctwccll Cit." o!,BrclIlcr!oll (//1{1 W//{/tCOIll CO/lllty Fire District #6)
( Mu r('1i 5. lOOS)
APPROVED this _ day of
, 2007
APPROVED this l3~h day of
(\'\.IlfGh - , 2()Oce
CITY OF BREMERTON
(Whatcom COllllt y Fire District #6)
Cary Bozeman
Ma YOI'
")
..---........... j
" \ 'I ~ (J~~ "',
. ," / <I ' ,/j"
BY. /ct u...( lVi'" f (i~\.>j.. i
'~--- (David Ralston)
(Fire ChieO
BY:
APPROVED AS TO FORM:
Roger Lubovich
City Attorney
'L'"'
Ir' .
.1
~./,.
! j'? c-.:._....--
{, .,j . / tJC/I/
. ~....
(Lynn T,rzy.I1k:a)
(Board Chair)
BY:
BY:
ATTEST:
BY:
BY:
~~l r!iJ
\ /'
(', Pe?J.1't j, ,V"".
(Lesa Clark)
(District Secretary)
Paula Johnston
City Clerk
INTERGOVERNMENTAL PURCHASING AGREEMENT - Page :2 of 2
(hetH'een City oj Brelllertoll alld Wlwt('(llll COllllty Fire District #0)
(March 5,2(08)
INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT
Pursuant to Chapter 39.34 RCW and to other applicable laws, the City of Brcmerton and
What com County Firc District #6, both municipal corporations, hereby agree to cooperative
governmental purchasing upon the following terms and conditions:
This Agreement pertains to bids and contracts for supplies, material, equipment, or
services that may be required from time to time both by the City of Bremerton and
Whatcom County Fire District #6.
1. Each of the parties from time to time goes out to public bid and contracts to
purchase supplies, material, equipment and services. Each of the parties hereby
agrees to extend to the other party the right to purchase pursuant to such bids and
contracts to the extent permitted by law, and to the extent agreed upon between
each party and the bidder, contractor, vendor, supplier, or service provider.
2. Each of the parties shall comply with the all applicable laws and regulations
governing its own purchases.
3. Each of the parties shall contract directly with the bidder, contractor, vendor,
supplier, or service provider, and pay directly in accordance with its own payment
procedures for its own purchases. Each party will indemnify and hold the other
party harmless as to any claim arising out of its participation in this Agreement.
4. Any purchase made pursuant to this Agreement is not a purchase from either of
the parties. The Agreement shall create no obligation to either of the parties to
purchase any particular good or service, nor create to either of the parties any
assurance, warranty, or other obligation from the other party with respect to
purchasing or supplying any good or service.
5. No separate legal or administrative entity is intended to be created pursuant to this
Agreement. No obligation, except as stated herein, shall be created between the
parties or between the parties and any applicable bidder or contractor.
6. The City Clerk of City of Bremerton and Whatcom County fire District #6 shall
be representatives of the entities for caITying out the terms of this Agreement.
7. This Agreement shall continue in force until canceled by either party, which
cancellation ,may be effected upon receipt by one of the parties of the writtcn
notice of cancellation of the other party.
INTERCiOVERNMENT AL PURCHASING AGREEMENT - Page I of 2
(hl't\l'l'eJI City of Brl'lIIertoll Ulld W//(/tCOIII COllllty Fin! District #6)
(MurclI5, ](08)
APPROVED this _ day of
.2007
APPROVED this (311) day of
v'YlcvIIL~_. 2000
CrTY OF BREMERTON
(Whatcoll1 County Fire District #6)
BY:
Cary Bozeman
Mayor
c-~ jJ 2 ,}~
' . " / ! I -" ,
B Y ~.. __L ZU" '1"~1 /12.0d./ / .
(David Ralston)
(Fire Chief)
APPROVED AS TO FORM:
I""~)
//",,"
" /
'/{/ '
C'Li ,/ ').";""'.",,,/
(Lynn T!'Zy~ka)
(Board Chair)
BY:
j:'-'
BY:
/
rC'\....,
I ,J,-
//
v'
Roger Lubovich
City Attorney
ATTEST:
BY:
BY:
C?t",MJ (}JcJ~
(Lesa Clark) ,
(District Secretary)
Paula Johnston
City Clerk
INTERGOVERNMENT AI, PURCHASING AGREEMENT - Page 2 of 2
(hl!!ll't't'1/ City ofBrelll1'rtol/ ({/I(/ W/liltcolII COIIl/ty Fire District #6)
(M({rch 5. ](08)
DATE SUBMITTED: 03-13-08
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # _____O~_=-JL_j~__
51-4
........................................................................................
SUBJECT: Interagency Agreement
between the State of Washington,
Washington State Patrol and Bremerton Fire
Department
Committee Meeting Date: 04-09-08
COUNCIL MEETING Date: 04-16-08
Department: Fire
Presenter: Al Duke, Fire Chief
Phone: 473-5380
SUMMARY: This Interagency Agreement is betwcen the State of Washington, Washington State
Patrol and the City of Bremerton Fire Department. The purpose of this agreement is to provide for
reimbursement of allowable costs incUlTcd while its assets are mobilized in accordance with RCW
43.43.960 through RCW 43.43.964.
ATTACHMENTS: Interagency Agreement
FISCAI~ IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
-----
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA fi:t
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED l\iIOTION: Move to approve the Interagency Agreement between the State of
Washington, Washington State Patrol and the City of Bremerton and authorize the Mayor to finalize
and execute the Agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
WSP No. CO_81031GSC
INTERAGENCY AGREEMENT
BETWEEN
STATE OF WASHINGTON
WASHINGTON STATE PATROL
AND
BREMERTON FIRE DEPARTMENT
This Interagency Agreement (Agreement), pursuant to RCW 43.43.960 through RCW 43.43.964
(State Fire Service Mobilization) and Chapter 39.34 RCW (Interlocal Cooperation Act), is made and
entered into by and between the Washington State Patrol, hereinafter referred to as "WSP," and the
Bremerton Fire Department, a statutorily authorized fire agency within the State of Washington,
hereinafter referred to as "Fire Agency."
The purpose of this Agreement is to provide for the reimbursement of allowable Fire Agency costs
incurred while its assets are mobilized in accordance with RCW 43.43.960 through RCW 43.43.964
and the Washington State Fire Services Resource Mobilization Plan (Mobilization Plan). The
Mobilization Plan and any subsequent versions adopted pursuant to RCW 43.43.962 are
incorporated herein by this reference.
Therefore, it is mutually agreed that:
1. Mobilization Plan. The Mobilization Plan provides a process to quickly notify, assemble and
deploy fire service personnel and equipment to any local fire jurisdiction in Washington State that
has expended all local and mutual aid resources in attempting to manage, mitigate and control
an emergency incident or situation for the protection of life and property. If the Fire Agency
responds with its available assets to an incident mobilization, both parties shall comply with the
procedures detailed in the Mobilization Plan.
2. Period of Performance. The period of performance of this Agreement begins on January 1,
2008 and ends on December 31,2013 unless terminated sooner as provided herein.
3. Billing Procedures. WSP shall reimburse the Fire Agency upon the receipt of properly
executed claim forms submitted by the Fire Agency according to the Mobilization Plan. Claims
for payment submitted by the Fire Agency to WSP for costs due and payable under this
Agreement shall be paid by WSP if received by WSP within 45 days from the end of each
respective fire mobilization.
4. Compliance with Civil Rights Laws. During the period of performance for this Agreement,
both parties shall comply with all federal and state nondiscrimination laws.
5. Records Maintenance. Both parties shall maintain books, records, documents and other
evidence which sufficiently and properly reflect all direct and indirect costs expended by either
party in the performance of the services described herein. These records shall be subject to
inspection, review or audit by personnel of both parties, other personnel duly authorized by either
party, the Office of the State Auditor, and federal officials so authorized by law. Both parties
shall retain all books, records, documents, and other material relevant to this Agreement for six
(6) years after expiration, and the Office of the State Auditor, federal auditors, and any persons
duly authorized by the parties shall have full access and the right to examine any of these
materials during this period.
Page 1 of 2
6. Agreement Management. The work described herein shall be performed under the
coordination of Chief Allison Duke of the Fire Agency, and Assistant State Fire Marshal Paul
Perz of WSP, or their successors. They shall provide assistance and guidance to the other party
necessary for the performance of this Agreement.
7. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and
against all claims, suits and/or actions arising from any negligent or intentional act or omission
of that party's employees, agents, and/or authorized subcontractor(s) while performing under
this Agreement.
8. Agreement Alterations and Amendments. This Agreement may be amended by mutual
agreement of the parties. Such amendments shall not be binding unless they are in writing and
signed by personnel authorized to bind each of the parties.
9. Termination. Either party may terminate this Agreement upon thirty (30) calendar days' written
notification to the other party. If this Agreement is so terminated, the terminating party shall be
liable only for performance in accordance with the terms of this Agreement for performance prior
to the effective date of termination.
10. Appeals of Denied Claims. In the event that WSP denies payment of claim(s) submitted by the
Fire Agency under this Agreement, the Fire Agency may appeal the denial according to the
Mobilization Plan. The process contained in the Mobilization Plan is the sole administrative
recourse available to the Fire Agency for the appeal of denied claims.
11. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, the
inconsistency shall be resolved by giving precedence in the following order:
1. Applicable federal and state statutes and regulations;
2. Terms and Conditions contained in this Agreement
3. Any other provisions of the Agreement, whether incorporated by reference or otherwise.
12. All Writings Contained Herein. This Agreement contains all the terms and conditions agreed
upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind any of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement.
For the Washington State Patrol: For the Bremerton Fire Department:
FOR: John R. Batiste, Chief
Signature
Date
Date
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 2/5/2008
Page 2 of 2
DATE SCHMITT!:!):
;\pri I ::, ::()m~
BILL 1* 08 - 093
AGENDA BILL
CITY OF BRE\IERTON
CITY COLJ;-";CIL
51
........................................................................................
SL8.JECT: Appointmcnt of
Holly James &
Ryan Rydalch
to the Lodging Tax
Advisory Committee
Committec \ilecting Datc: __,:\p~D__?, 20(~L_______
COU;\iCIL \-IITTING Dati:: AI~riUJ), 2()()8 ________
Department: _ Executive
Presenter: ~vlayor Bozeman
Phone: (360) 473-5266
SUMMARY: Ordinance No. 5001 set limits ontenns served on the Lodging Tax Advisory
Committee by businesses collecting the lodging tax and !:,'TOUPS who may benetit trom funding.
The one-year term has expired and needs to be tilled and a vacancy for the two-year term needs to be
tilled,
The action betore the City Council is to appoint Holly James, Board President tor the Bremerton
Symphony Association, to a one-year term and to appoint Ryan Rydalch, General Manager for the
Hampton Inn and Suites, for one year, which is the remainder of tormer committee member David
Tufts' term.
A TT ACHMENTS: none
FISCAL IMPACTS (Include Budgeted Amount): none
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
N/A
N/:;
L ~.
N/A ,
P+!~
;/ // I vi/
1/ i//
C./ i'
I CONSENT AGENDA ~ I
I GENERAL BUSINESS 0 I
I ,
I PUBLIC HEARING 0 i
RECOM:\IE"'DED'IOTION: \lovc to contirm the appoilltmcnts of Holly James and
Ryan Rydalch to the Lodging Tax A(h isory Committee.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
1),\ Ii' S113\1111 ED: ,\pril +. 2008
AGE:\DA BILL
CITY 01, BRL\II':RTON
CITY CO[;\'CIL
1311 ,I, j' Q8~~9'4
5:1
..............................................................m.........................
SLB.JECT: ,\ppointment to the Ci\il
Service Commission
('ol11mittce !\kL'ting I )atc:
('( HiNCIl. \IEErING Date:
Department:
Presenkr:
Phone:
'\J~~_l~: ~~()_~ ,u_ ___ Hun_,
__~\PE!.U~)--,---~Q~)~_ _______
LXL'cutive
- --'-- ---- ----...------ - ---- _.~_._-_._--
_~1~1 y(~l!~~~~.!.a,'L_______
413-5266
________n__.______________ __.___~._
SliMMARY: :'vlaurice Correia has resigned (rom the Civil Service Commission. It is recommended
that Carlos .lara HI be appointed to fill the vacancy.
A TT ACHMENTS: Application for appointment available in the Mayor's office.
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
/<..~~
(
\~...," ",;"'1'<<41 ~{-
.... '~I ,.....~
j"< ..::.: -~'"
~ ~.""._---_.._~
c " ,..,."'..~:,.
FISCAL/BUDGET:
OPERA TIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION
Service Commission.
I CONSENT AGENDA IZIj
firm the appointment of Carlos Jara III to the Civil
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED
BILL #
08,09.5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ftJA
...........................................................................................1
SUB.JECT: Approval of Contract with
Diamond Parking for Parking Enforcement
Services at Harborside Parking Garage
Committee Meeting Date: April 9, 2008
~-~ --------------~--
COUNCiL MEETING Date: April l~, 200L___
Depaliment: Citv Clerk
--~-----~--------
Presenter: CaroJ_ Et_gen______~___
Phone: 473-5323
SUMlVIARY: The contract with Diamond Parking for parking enforcement services at the
Harborside Garage expired in July of 2007. Services have continued in accordance with the expired
agreement.
The proposed agreement is for the same base management rate of $4,558 per month with a three
percent increase in the third year as a cost of living adjustment, bringing the cost in 2010 to $4,695
per month. An incentive fee of two (2) percent was also carried forward into the new agreement.
In exchange for no monthly rate increase, one of the four (4) lot checks on weekdays was eliminated
and adjustments were made to the lot check time periods to accommodate actual need. Other small
wording changes were made to the contact to reflect what has happened with the scope of work since
the original contract was signed.
A TTACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): $62,000 (budgeted)
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
-~ ~2'Mg -------i0h
. 'I CONSENT AGENDA ~~)
I GENERAL BUSINESS D f
l_f~~LI c;~HX::::\~IN_Q___OJ
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with Diamond Parking for parking
enforcement services at the Harborside Parking Garage and authorize the Mayor to finalize and
execute the a~reement with substantiallv the same terms and conditions as oresented
COlJNClL ACTION: 0 Approve 0 Deny 0 Table
D Continue D No Action
PROFESSIONAL SERVICES AGREEMENT
Parking Management Agreement - Harborside
The City of Bremerton ("City") and Diamond Parking ("Diamond"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: Diamond agrees to perform the services more specifically described in
the Scope of Work, attached hereto as Exhibit A, which is incorporated by reference
herein. The Scope of Work may be modified only pursuant to Section VII.G. of this
Agreement. If the Scope of Work provides for unspecified additional services such
services shall only be performed upon the express written request of the City. Diamond
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 Diamond agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. This agreement shall remain
in effect for three consecutive years through December 31, 2010.
III. Compensation: In consideration of the services provided pursuant to this
Agreement, the City shall pay Diamond:
a. Base Rate: A base management rate of Four Thousand Five Hundred Fifty
Eight Dollars ($4558.00) per month which fee shall compensate Diamond
Parking for all costs including, but not limited to, wages, supervision,
management, insurance, payroll taxes, benefits, equipment costs, supplies,
uniforms, daily and weekly routine maintenance, and cleaning and sweeping
(excluding monthly street sweeper cost) associated with the performance and
within the scope of services of this agreement with a three percent (3%)
increase to the base management rate on the third year, beginning on
January 1, 2010 unless terminated by provisions in Section IX.
b. Incentive Fee: The City shall pay Diamond Parking an incentive fee equal to
2% of gross revenues over $40,000 monthly (e.g. $50,000 gross revenue,
Diamond Parking will receive an incentive of $200.00). "Gross Revenue"
includes, and is limited to all revenues (cash and credit card) excluding tax,
received for parking levels P2 and P3 at the Harborside Parking Garage.
Excluded from Gross revenue are parking time allowances (pursuant to
separate agreements) for the Hampton Inn and Suites, the restaurant, and
Kitsap Transit reserved parking.
c. Additional Services:
1) When large functions of 200 or more at the Conference Center coincide
with anticipated high demand parking days Diamond Parking with the
City's approval shall provide additional parking checkers and attendants
as needed at the agreed rate of $15.50 per hour.
Bremerton/Diamond Parking
Harborside Garage
Page 1 01'9
2) Diamond Parking at the request of the City not less than two weeks in
advance, shall provide event valet parking at the rate of $22.00 per actual
employee time card hour.
Diamond 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 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 right to prioritize scoped work and
accelerate and/or delay work tasks,under the time frame set forth in Section" herein.
Diamond 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. Diamond shall only be compensated for
additional services if requested pursuant to Section I.
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 Diamond of its obligations under this Agreement.
IV. Relationship of Parties: Diamond represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and
responsibilities within its field of expertise. Diamond and its personnel are independent
contractors and not employees of the City. Diamond and its personnel have no
authority to bind the City or to control the City's employees and other contractors. 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 Diamond. Diamond will
be solely and entirely responsible for its acts and for the acts of Diamond's agents,
employees, representatives and sub-consultants during the performance of this
Agreement.
As an independent contractor, Diamond 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 Diamond or its personnel.
As an independent contractor, Diamond is responsible for payment of all taxes
and licensing fees necessary to perform its obligations under this Agreement, excluding
taxes from gross parking revenues collected. 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 Diamond.
Bremerton/Diamond Parking
Harborside Garage
Page 2 of9
V. Indemnification: Diamond 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, arising out of or in
connection with the negligent or deficient performance of the duties and obligations
required under 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 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 Diamond and the City, its officers, officials, employees, agents and volunteers,
Diamond's liability hereunder shall be only to the extent of Diamond's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES DIAMOND'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 of this section shall survive the expiration or termination of this
Agreement.
VI. Insurance: Diamond 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 Diamond, its
agents, representatives, employees, or sub-consultants.
Before beginning work on the project described in this Agreement, Diamond 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 property damage; and
2. Commercial General Liability insurance written on an occurrence basis 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, collapsH and underground
(XCU) if applicable; and employer's liability; and
3. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Bremerton/Diamond Parking
Harborside Garage
Page 3 of9
Any payment of deductible or self insured retention shall be the sole
responsibility of Diamond.
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 Diamond 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.
Diamond'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.
Diamond'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.
VII. General Conditions:
A. Reports and Information: When requested by the City, Diamond 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. Diamond 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 Diamond in connection with the services performed by Diamond under this
Agreement will be safeguarded by Diamond to at least the same extent as Diamond
safeguards like information relating to its own business. If such information is publicly
available or is already in Diamond's possession or known to it, or is rightfully obtained
by Diamond from third parties, Diamond shall bear no responsibility for its disclosure,
inadvertent or otherwise.
BremertowDiamond Parking
Harborside Garage
Page 4 01'9
All data, documents and files created by Diamond under this Agreement may be
stored at Diamond's office or storage facility in Bremerton, Washington. Diamond 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 Diamond 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 Diamond's Risk: Diamond 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 Diamond's own risk, and Diamond
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: Diamond shall perform the work authorized under this
Agreement in Bremerton, Washington. 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. Personnel: Diamond shall be responsible for all aspects of recruitment and
selection of parking enforcement personnel.
a. As a condition of employment, all employees including Diamond's
managers and supervisors are subject to pre-employment drug and alcohol
abuse screening. Random drug and alcohol screening shall also be required
throughout the term of this contract.
,
b. Diamond shall provide all enforcement personnel with professional
appearing uniforms consisting of shirts, trousers and jackets. Uniform design
must be approved by the City. All personnel are to be in complete uniforms at
any time they are engaged in duties.
F. Entire Aqreement: 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.
G. Severability: Should any part of this Agreement be found void, the balance of
the Agreement shall remain in full force and effect.
Bremerton/Diamond Parking
Harborside Garage
Page 5 of9
H. Modification: This Agreement may only be modified by written instrument
signed by both Parties.
I. 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.
City Address
City Clerk
345 Sixth Street, Suite 600
Bremerton, WA 98337
Diamond Address
Diamond Parking Service
843 Sixth Street
Bremerton, WA 98337
J. 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.
K. 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.
L. Compliance with Laws: Diamond shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
M. 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.
N. Attornevs' 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.
O. Assiqnment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Nondiscrimination: Diamond shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
disability, or sexual orientation 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, terminated by written instrument upon mutual consent, or by
Bremerton/Diamond Parking
Harborside Garage
Page 6 of9
the City of Bremerton for convenience. 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 sixty (60) days of the terminating Party's sending
notice to the non~performing Party. Any Notice by Diamond 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 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.
Riqhts Upon Termination: In the event of termination, the City shall pay for all
services performed by Diamond 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 Diamond's possession pertaining to this Agreement which may
be used by the City without restriction. Any such use not related to the Agreement
which Diamond was contracted to perform shall be without liability or legal exposure to
Diamond.
CITY OF BREMERTON
DIAMOND
By:
its:
Date:
By:
its:
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
BremertonJDiamond Parking
Harborside Garage
Page 7 01'9
Exhibit A
Scope of Services
January 1, 2008
1. LOT CHECKS:
A. Week Days: Diamond shall check the Harborside Parking Garage and collect
revenues not less than three times daily, with morning checks between 7 AM
- 11 AM; afternoon checks between 11 AM - 4 PM; and evening checks
between 4 PM - 9 PM.
B. Weekends: Diamond shall check the site and collect revenues not less than
twice daily, at lunchtime between 10 AM - 3 PM and evening between 4 PM -
9 PM.
C. Random Checks: Diamond shall provide the City with a monthly schedule
setting forth random checks at times other than the above agreed and
scheduled times. The random check times will substitute for equal number of
scheduled check times. The City may, at its sole option, modify or reject any
random check schedules.
D. Special Events: Diamond shall meet with a representative of the Conference
Center or City as needed to review and provide supplemental parking
services for functions and events scheduled for the Bremerton Harborside,
Kitsap Conference Center and the boardwalk.
E. Hampton Inn: Every 24 hours Diamond shall inventory the number of
Hampton Inn guests parked on levels 2 and 3 of the Harborside Parking
Garage and collect monies at scheduled rate determined by the City and
invoiced and deposited as City parking revenues.
2. COLLECTED REVENUE: All revenue collected by Diamond pursuant to this
agreement belongs to and are assets of the City. Diamond may not deduct or withhold
any amounts from such funds. All collected revenue shall be remitted to the City each
business day or as otherwise directed by the Department of Financial Services.
Diamond shall follow and comply with the requirements of the Department of Financial
Services for revenue collection, deposits and reporting procedures for the revenue
collected under this agreement.
3. PARKING REVENUE EQUIPMENT: Diamond, at its own expense, shall install pay
boxes with options for check and scrip payments at two locations each on parking levels
P2 and P3 of the Harborside Parking Garage (south elevator and east exits), or other
equipments that may be agreed between the parties; said equipment shall remain in the
ownership of Diamond.
4. NON CHARGED PERMITS: At the City's sole option, the City shall receive up to 35
non charge quarterly permits with Diamond Parking providing individual parking permit
numbers.
BremertonlDiamond Parking
Harborside Garage
Page 8 of9
5. MAINTENANCE: Diamond shall be responsible for maintaining the parking area in a
professionally neat and clean condition and appearance. Diamond will pick up any litter
within the parking structure on a daily basis. As reasonably necessary, Diamond will
sweep or mop individual and/or isolated spills, and check fire extinguishers. Diamond
shall report defective lights and otherwise clean and perform minor maintenance as
reasonably necessary. The City shall remain responsible for any and all costs of Capital
or Property Improvements, and maintenance and repairs beyond minor maintenance.
Bremerton/Diamond Parking
Harborside Garage
Page 9 of9
DATE SUBMITTED: April 3, 2008
BILL # 08- O'1(p
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
t.&
........................................................................................
SUBJECT: Resolution No. 305 b
requesting the Washington State
Transportation Commission to name the new
Tacoma Nan-ows bridge the "Bob Oke
Bridge"
Committee Meeting Date: April 9, 2008
COUNCIL MEETING Date: April 16, 2008
Department: City Council
Presenter: Will Maupin
Phone: 473-5280
SUMMARY: The proposed resolution requests that the Washington State Transportation
Commission name the new Tacoma Nan-ows bridge the "Bob Oke Bridge".
ATTACHMENTS: Proposed Resolution N/), 305(0
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~.q/'
CONSENT AGENDA D
GENERAL BUSINESS~
PUBLIC HEARING D
RECOMMENDED MOTION: Move to pass Resolution No. 3D~6 requesting the Washington
State Transportation Commission name the new Tacoma Nan-ows bridge the "Bob Oke Bridge".
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
RESOLUTION NO. 305(P
A RESOLUTION of the City Council of the City of
Bremerton, Washington, requesting the Washington State
Transportation Commission to name the new Tacoma Narrows
Bridge the "Bob Oke Bridge".
WHEREAS, Bob Oke joined the United States Navy in 1958 and served our
country honorably for 26 years; and
WHEREAS, Senator Bob Oke was elected to the State Senate in 1990 and served
the people of the 26th Legislative District as State Senator form 1991 through 2006; and
WHEREAS, Senator Bob Oke served continuously on the Senate Transportation
Committee throughout his 16 years of public service; and
WHEREAS, Senator Bob Oke's vision made possible the planning and
construction of a new Tacoma Narrows bridge that will serve the residents of the 26th Legislative
District and the entire State of Washington for generations; and
WHEREAS, Senator Bob Oke's political courage and leadership provided the
opportunity for the Washington State Department of Transportation to design and build a new
Tacoma Narrow bridge that is the longest suspension bridge built in the United States since
1964; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Bremerton respectfully requests
that the Washington State Transportation Commission name the new Tacoma Narrows bridge the
"Bob Oke Bridge" in honor of State Senator Bob Oke.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences ofthis 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 3. 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_
,2008.
WILL MAUPIN, Council President
Request to Name Tacoma Narrows Bridge
the "Bob Oke Bridge"
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:ILegallLegallResolutionslCity CouncillTacoma Narrows Bridge.doc
ATTEST:
CAROL ETGEN, City Clerk
2
Request to Name Tacoma Narrows Bridge
the "Bob Oke Bridge"
Page 1 of2
Lori Smith
From: Randy Boss [randyboss@comcast.net]
Sent: Monday, March 24, 2008 9:41 AM
To: RandyBoss@Comcast.net
Subject: Fw: Rename the Tacoma Narrows Bridge?
I sent the e-mail below to every member of the Washington State Senate several times during the last session of
the legislature asking them to NOT support renaming the Narrows Bridge after the late Senator Bob Oke. The
effort was successful as the Joint Memorial never made it past the Senate and therefore died.
Mrs. Oke is now taking a new tact. She is meeting with City Councils, County Councils and civic organization
trying to gain support from these organizations to convince the State Transportation Commission to do what the
Senate could not, and would not, do, rename the Tacoma Narrows Bridge the Bob Oke Bridge.
A formal resolution is now before the Pierce County Council and will be heard on April 7th in support of renaming
the Tacoma Narrows Bridge the "Bob Oke Bridge"! I can only assume that similar resolutions are being planned in
Kitsap County and other cities throughout the southsound. I need your help.
I need to be able to present to the State Transportation Commission proof that "we the people" are not in favor of
this idea. Would you please send me an e-mail opposing this renaming and then send this e-mail out to everyone
you know and ask them to do the same. I'd love to march into the State Transportation Commission meeting and
drop 10 or 20,000 e-mails on their desk and say "COUNT THESE".
This will only take you a minute - PLEASE HELP......send the e-mail - I'll do the rest!
Randy Boss
randYI:J()~.~@Gomc::a~tn~t
----- Original Message -----
From: R~nc:lY[3Q~$
To: RandyBoss@Comcast.net
Sent: Friday, February 01, 2008 12:33 PM
Subject: SJM8026
Senator:
As you probably already know, SJM 8026 passed out of the Senate Transportation Committee yesterday
approving a new name for the new Tacoma Narrows Bridge to the "Sob Oke Sridge" (BOB). I am again urging
you to vote NO on this Joint Memorial for the following reasons:
1. The iconic structure will forever be referred to as "BOB" and not for the geographic location or for the iconic
quality of the structure.
2. Bob Oke was a good guy but there are lots of good guys that don't have "major" national and international
structures named after them. If you want to pick a name how about Scoop Jackson - or Slade Gordon - or Norm
Dicks? Remember last year Ruth Fisher was on the list?
3. The Transportation Commission (the body authorized to name bridges) Policy states "A naming is done...with
the widespread support of the people from the area in which the facility is located." 80% of the people in the 26th
District voted (yes voted at the ballot box) against the bridge project sponsored by Senator Oke. To now name the
bridge after him would be a real slap in the face to those that use the bridge everyday.
4. The Commission Policy also states "The Commission shall avoid acting to name...a facility in response to
3/24/2008
Page 2 of2
emotion...". The death of Senator Oke is driving this issue and is a really sad occurrence but don't let your
emotions drive the logical debate on naming this bridge.
5. The Commission Policy also states "The requesting party shall provide sufficient evidence to the Commission
indicating community sURQort and acceptance of the proposal." An 80% vote against the project certainly does
not show community support for a guy that worked so hard to put tolls on his constituents.
6. The Commission Policy also states "In considering whether to name a facility after an individual...the
Commission shall evaluate...Whether the person...served the public well and in a resgonsive and
regresentative manner. 80% votes against the bridge project hardly indicates that Senator Oke was responsive
and represented his constituents when he jammed the bridge project down their throats - after a campaign
promise to abide by the wishes of his constituents.
I would ask you to again consider the feelings of the people in the 26th District and not add this insult on top of the
injury you have already bestowed on them - that of the only group in the State to be forced to pay 100% of the
cost of a facility they voted against. To now name that structure after the guy that fostered that injustice would
simply be outrageous and a direct slap in the face.
The Tacoma News Tribune and the Gig Harbor Gateway (the two local papers) have both editorialized against
naming the bridge after Senator Oke and the letters that have been published have been in support of that
position. Please - don't jam another injustice down our throats - vote NO on SJM 8026.
Thank you
Randy Boss
(253) 858-5100
3/2412008
Christine Grenier
From: Donald Larson [dolarson@gmail.com]
Sent: Wednesday, April 02, 20087:18 AM
To: Pierce County Councilman Chair Terry Lee c/o Cindy Willis
Cc: Oke Judy
Subject: Support for Resolution to name the New Tacoma Narrows Bridge After Senator Bob Oke
"Pierce County Councilman Chair Terry Lee c/o Cindy Willis" <CWILLIS@c~H2ierce.wa,l!~>:
I support Judy Oke's request for a Pierce County Resolution to name the New Tacoma Narrows
Bridge after the late Senator Bob Oke (R-26th).
Senator Oke worked very hard against tremendous opposition to have the 2nd Tacoma Narrows Bridge
built.....the far-sighted wisdom can be seen daily, with 1,000's of vehicles crossing the bridge safely,
where the old bridge alone had been experiencing longer & longer traffic delays, as more people in the
region were using the bridge, with some very serious (deadly) accidents over time.
Donald L. Larson
Kitsap Diving Association President (Non-Profit)
PO Box 1302
Bremerton, W A 98337
kit~C:lRlarson49_@g!Rail.com
DATE SUBMITTED: April 2, 2008
BILL # ___9 8 ~_ 0 _97 _
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
7A
........................................................................................
SUBJECT: Public Hearing and ordinance
No~amcnding BMC Title 20, the
Zoning Code.
Committee Meeting Date: April 9, 2008
COUNCIL MEETING Date: April 16, 2008
Department: DCD
Presenter: Nicole Wani
Phone: 473-5279
SUMMARY: The action before the Council is to conduct a public hearing and adopt Ordinance
No.~amending several sections of the Zoning Code, BMC Title 20 relating to landscaping
standards, setbacks for commercial structures adjacent to the Low Density Residential Zone,
consistency with the Downtown Sub-Area Plan, and minor housekeeping corrections.
ATTACHMENTS:
A. Ordinance No. 50l4fo including Planning Commissions Findings and Conclusions
B. Staff Memo including an amendment narrative chart and Planning Commission minutes
FISCAL IMPACTS (Include Budgeted Amount):
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 0
GENERAL BUSINESS 0
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass Ordinance No. 50tib to amend several sections of the
Zoning Code, BMC Title 20.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, making amendments to BMC Title 20, the
Zoning Code including landscaping standards, setback requirements
for all commercial zones, modification to downtown zones for
compliance with the Sub-Area Plan, and minor housekeeping
modifications.
WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005
establishing a new Zoning Code; and
WHEREAS, through practical use and application ofthe new Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton has established a procedure for amending the
Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code (BMC), which requires
amendments to the Zoning Code to be both consistent with the goals and policies of the
comprehensive plan and to be consistent with other city, state, and federal codes, regulations and
ordinances; and
WHEREAS, these amendments are consistent with the City's Comprehensive
Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state,
and federal codes regulations and ordinances; and
WHEREAS, on January 25,2008 the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite 60-day review and comment period; and
WHEREAS, on January 19, 2008 the Planning Commission conducted a study
session to determine the appropriate approach for the amendments; and
WHEREAS, on February 9,2008 the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held
by the Planning Commission; and
WHEREAS, on February 19, 2008 the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on March 11, 2008 a SEP A DNS was issued for the proposed action
with an administrative appeal deadline of April 4, 2008 and no appeals were filed; and
1
2008 Zoning Code Amendments
WHEREAS, on April 6, 2008 the public was notified by a legal advertisement in
the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the
City Council; and
WHEREAS, on April 16, 2008 the City Council conducted a public hearing and
considered all testimony prior to their decision; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The findings and conclusions adopted by the Planning Commission
attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein.
SECTION 2. Chapter 20.42 ofthe in the Bremerton Municipal Code entitled
"Definitions" is hereby amended to correct an inaccurate code reference as follow:
"Lot area" means the area within the boundary lines of a lot. When creating new lots, the
calculation for each new lot area shall not include public and private streets, wetlands, and other
areas that may be restricted from use or from the types of development allowed by the zone in
which the property is located, except when an unbuildable environmentally sensitive critical
area, as defined per BMC 20.14.200~, comprises twenty-five (25) percent or less of the lot, it
may be included in the lot area.
SECTION 3. Section 20.48.080 of the Parking Chapter in the Bremerton
Municipal Code entitled "Non-Residential Parking Development" is hereby amended to remove
landscaping requirements as follow:
20.48.080 NONRESIDENTIAL PARKING DEVELOPMENT STANDARDS.
The following provisions apply to off-street parking spaces for all nomesidential
developments and parking lots:
(a) Surface. Driveways and areas used for loading, parking and maneuvering
motorized vehicles shall have a paved surface.
(b) Side and Rear Yard Setbacks. Parking spaces shall be set back a minimum of five
(5) feet from the side and rear lot lines unless adjacent to the Low Density Residential zone in
which case a minimum often (10) feet of visual screening is required pursuant to BMC
20.50.050. Projects which are not adjacent to Low Density Residential may reduce .S~etbacks
may be reduced to zero (0) if the following are incorporated into the design ofthe parking area:
(1) A solid fence or wall is provided; and
(2) Landscaped islands at least forty-five (45) square feet of area are provided
in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six
(6) spaces each. .
(c) Front Yard Setbacks. Parking spaces shall be set back a minimum often (10) feet
from the front lot line.
(d) Parking Setbacks in Structures. When parking is incorporated within a structure,
the parking shall comply with the setbacks of the zone applicable to the structure.
2
2008 Zoning Code Amendments
(e) Setbacks Abutting a Residential Zone. When a parking space abuts a residentially
zoned property, the side and rear yard setbacks shall be at least ten (10) feet from the abutting
residential lot line. Setbacks may be reduced to five (5) feet if the follo\ving are incorporated into
the design of the parking area:
(1) A minimum five (5) foot in height solid fence or wall; and
(2) Sight obscuring landscaping at least five (5) feet in height and five (5) feet
wide, which meets the performance standards set f{)rth in Chapter 20.50 BMC.
fttw Stall and Aisle Requirements. Parking facilities for required parking shall meet
the minimum stall and aisle dimensions set forth in Figure 20.48(a).
will Modifications to Parking Stall Requirements. The standards set forth in subsection
(f) of this section may be modified to allow for a vehicle overhang of up to two and one-half
(2.5) feet, provided:
(1) Wheel stops are attached to the ground or pavement if curbs are not
provided;
(2) The vehicle overhang would not extend beyond the lot line or into front
yard setback areas;
(3) Walkways maintain a minimum three (3) foot wide (four (4) feet for
handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half
(2.5) foot overhang.
Ww Driveways. The width of nomesidential driveways shall be based on the location,
intended usage, and other factors and shall be in accordance with state and City engineering
standards.
fi1(h} Internal Parking Lot Design. Parking facilities shall incorporate the following
features to provide safe and efficient circulation for vehicles and pedestrians:
(1) Standard traffic control signs and devices to direct traffic;
(2) Signs, crosswalks, raised pedestrian walkways and night lighting to
provide for safe pedestrian movement;
(3) Landscaped islands, raised curbs, and striping to define parking lot
entrances, end of parking aisles and the patterns of internal circulation; and
(4) Overall design coordination and adherence to all applicable design
standards.
ffiill Landscaping. Landscaping shall be provided in accordance with the requirements
prescribed in Chapter 20.50 BMC.
(*fill Lighting. Parking areas shall be lighted for the safety of pedestrians and vehicle
circulation on the site in the following manner:
(1) Lights are hooded or beamed so that there is no undesirable glare directed
onto any adjacent streets or property; and
(2) Lighting shall be designed adequately to illuminate the parking area while
preventing the direct illumination of adjacent properties.
(Bill Signage and Striping. Directional signs and pavement markings shall be used to
control vehicular movement within parking areas arid to mark spaces.
(1) The locations of parking spaces shall be clearly indicated by curb
markings, wheel stops, bollards, or other means.
(2) Incidental signs within parking lots shall be limited to two (2) square feet
111 SIze.
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2008 Zoning Code Amendments
(3) No signs other than those indicating entrances, exits, name of the lot or the
establishment to which the lot is accessory, conditions of use, or identification of disabled
parking spaces shall be erected.
(4) Signage for handicap spaces shall comply with the requirements
prescribed in RCW 70.92.120.
fmjill Required Parking Spaces. The number of off-street parking spaces shall be
provided in accordance with the use and following corresponding standards except as modified
per BMC 20.48.050:
SECTION 4:. Chapter 20.50 ofthe Bremerton Municipal Code entitled
"Landscaping" is here by amended as follows:
Chapter 20.50
Landscaping
20.50.010 INTENT.
The intent of this chapter is to establish landscaping standards that contribute to a quality
urban environment by connecting open spaces, maintaining native, drought-resistant vegetation,
replacing nonnative and invasive species, increasing privacy for residential areas, providing
visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and
reducing erosion and storm water runoff while providing on-site filtration to protect groundwater
resources from pollutants and flooding.
20.50.020 APPLICABILITY.
All new development, induding expansion of existing structures and/or uses, except
single family rosidential building permits on indi',iduallots shall be subject to the requirements
of this chapter.
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residential short subdivisions or
developments of single-family units on individual lots, except that all undeveloped areas of the
property shall be landscaped and continually maintained or retained in a natural undisturbed
state;
(b) The Director may waive or reduce any requirement( s) of this chapter in the
following cases:
(1) The remodel of an existing building results in the expansion of floor area
that is ten (10) percent or less of the existing floor area;
(2) An expansion of a use that results in no modifications (except normal
maintenance and repair of the structure) to the outdoor area of the site;
(3) To accommodate required off-street parking spaces.
(c) Parking lots with less than'thirty (30) spaces, are exempt from internal
landscaping requirements ifthev provide at least a five (5) foot width of landscaping across the
frontage and along at least one other property line.
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2008 Zoning Code Amendments
20.50.040 GENERAL PROVISIONS.
(a) Front Yards. All front yard setback areas shall be landscaped pursuant to the
performance standards per BMC 20.50.050;
(b) Street Trees. Street trees shall be planted along public and private streets per
performance standards in BMC 20.50.050(a) unless more stringentlyotherwise required by the
underlying zoneBMC 20.50.050(c). Trees shall be located within the front yard setback area, or
within a public right-of-way if approved by the City and the property owner arranges the planting
and maintenance of said street trees;
(c) Residential Visual Screening. When any nonresidential development, as defined
by the Internationl Building Code (which includes three or more dwelling units),js proposed on a
site that is adjoining abms the low density residential (R-IO) zone, or when a three (3) or more
dVlelling multifamily residential development is proposed on a site that abuts the 10',1,' density
residential (R 10) zone, landscaping and visual screening shall be provided according to the
performance standards in BMC 20.50.050(b);
(d) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly
used or designated trails and open spaces in the Comprehensive Plan shall provide Type I visual
landscaping screening along the site facing the trail or open space per the performance standards
outlined in BMC 20.50.050ili.);
(e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping
shall be planted, ground coyered, or remain with existing vegetation, including significant trees,
as provided for in BMC 20.50.050( c), but excluding plants that can be classified as noxious
weeds or as invasive species;
(f) Required Plants. New plant materials shall include native species or nonnative species
that ha':6 adapted to the climatic conditions of the coastal Puget Sound region. The Department
of Community Development maintains a list of approved plant materials recommended for use
\vithin areas in the City of Bremerton. ,^...dditional plants may be added to this list as deemed
appropriate by the City. Performance standards for required plants are found in BMC
20.50.050( d);
Will Alternative Landscaping Plan. The requirements of this chapter may be modified
to encourage better landscaping design as follows:
(1) A request for approval of alternate landscaping shall be submitted and
accompanied by a landscape plan as required above;
(2) An alternative landscaping plan may be approved, provided a finding by
the City of public benefit and that the total area oflandscaping shall be equal to or exceed that
created by adherence to the standard landscaping and buffer requirements;
Wig} Guarantee. All landscaping shall be completed prior to the issuance of a certificate
of occupancy (CO), except that in lieu of installing required landscaping, a performance
assurance device may be provided prior to the issuance of a CO. The purpose of such a
requirement is to ensure that a landscape plan is carried out when required by this chapter. The
following conditions apply:
(1) A bond or other acceptable assurance device shall be in the amount of one
hundred twenty-five (125) percent of the estimated cost required to complete the approved
landscaping, in order to guarantee its installation and the replacement of any plants that die
within two (2) years of the posting of the bond;
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2008 Zoning Code Amendments
(2) If a perfol1nance assurance device is provided, landscaping shall be
installed within the next planting season and no later than one (1) year from the date of issuance
of a CO. If the approved landscape plan is not carried out, the City shall use the perfol1nance
assurance device to complete the landscaping;
(3) A performance assurance device will be released two (2) years after it is
posted if the landscaping vegetation is in a healthy growing condition;
fijili) Maintenance Required. All plant material shall be maintained in a healthy
growing condition free of weeds trash or debris through the life and use ofthe development.
Dead, damaged, diseased, or missing plant material shall be replanted or replaced as necessary to
comply with the approved landscaping plan and the requirements of the chapter.as designed and
approved. Maintenance standards and assurances must be provided in the landscape plan as
described in BMC 20.50.060.
20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the following manner:
-Ca) Street Trees. One (1) tree for every h1,'ent)' five (25) linear feet of street frontage, and
shall be spaced a maximum distance of thirty fiye (35) feet on center; hO'Never, trees may be
spaced irregularly in natural groupings rather than uniformly spaced except as noted else'lIhere in
this chapter;
(b) Screening Requirements.
(1) Landscaping forming a year round sight barrier a minimum of five (5) feet in
height in a landscaped area at least ten (10) feet wide; or
(2) A fence or ''vall, and/or berm, or combination, no less than fiye (5) feet high
plus sh.'llbs and trees in an area at least five (5) feet '."/ido;
(a) General Landscapin2 is intended to provide visual separation between
compatible uses, and to soften the appearance of parking lots and building facades. All required
setback areas, parking lots, and interior landscaping areas shall comply with the following:
(1) Street Trees are required, one tree for every twenty-five (25) linear feet of
street frontage, and shall be spaced a maximum distance of thirty five (35) feet on center,
however, trees may be spaced irregularly in natural groupings rather than uniformly spaced
except as noted elsewhere in this chapter;
(2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or
combination thereof; Non-living materials shall not exceed twenty (20) percent ofthe landscaped
area within two (2) years of planting;
(3) Each separate landscaped area shall be a minimum of fifty (50) square feet
and shall include at least one (1) tree in combination with shrubs, ground cover, or other
landscape materials;
(4) Bioswales and permeable pedestrian access ways connecting landscaped
areas are encouraged and are included in the calculation of required landscaping square footage;
(5) Interior landscaping shall be dispersed as equally as possible throughout
the site particularly in parking areas;
(6) Parking lots shall have at least ten (10) square feet of interior landscaping
for each parking space. Required peripheral trees and required landscaped setback areas shall
1I0f be included in the interior landscaping calculations;
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2008 Zoning Code Amendments
(7) For every twenty (20) parking stalls one (1) tree shall be installed within a
landscaped area and;
(8) Landscaped areas shall consist of no more than fifty (50) percent
deciduous species.
(b) Visual Screenine is intended to function as a year round full visual barrier
between incompatible uses. Visual screening is required for all commercial projects adjacent to
the Low Density Residential zone. Visual screening is required as follows:
(1) Tvpe I: Required along the property line(s) of all non-residential
development proposed on a site that is adjoining the Low Density Residential (R-l 0) zone. For
purposes of this subsection, non-residential development is as defined in the International
Building Code (which includes three or more dwelling units) and not specifically identified in
subsection (b )(2) below. A TyPe I visual screen shall include the following:
(i) A landscaped area of at least ten (10) feet wide;
(ii) A mix of evergreen and deciduous trees, no more than twenty (20)
feet apart on center. Deciduous trees up to twenty five (25) percent of the tree requirement are
encouraged to add seasonal and textural variation;
(iii) Shrubs shall be planted between the trees to provide an effective
visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly
spaced, however grouped shrubs should be no more than five (5) feet apart from each other, and;
(iv) A sight obscuring fence, wall, earthen berm or combination thereof
is required adjacent to parking areas to ensure headlights do not project into residential
properties. Measures shall be taken to ensure quality in the visual character of the wall or fence
on the side facing the residential lot.
(2) Tvpe II: Required for all large retail. motion picture theatres, junk yards,
heavy industriaVmanufacturing, stadiums, and sports complexes proposed on a site that is
adjoining the Low Density Residential (R-IO) zone. Type II screening shall be provided along all
property lines that adjoin the Low Density Residential (R-l 0) zone. A TyPe II visual screen shall
include the following:
(i) Landscaped area of at least twenty (20) feet in width;
(ii) A double row of evergreen trees spaced no more than fifteen (15)
feet apart on center (rows shall be offset and spacing triangulated); Existing mature healthy trees
onsite are encouraged to be retained;
(iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may
be spaced irregularly in natural groupings rather than uniformly spaced, however grouped shrubs
should be no more than five (5) feet apart from each other, and;
(iv) A sight obscuring fence, wall, earthen berm or combination thereof
is required adjacent to parking areas to ensure headlights do not project into residential
properties. Measures shall be taken to ensure quality in the visual character of the wall or fence
on the side facing the residential lot.
(c) Centers: Intended to soften the streetscape and sidewalk areas in a dense urban
environment. Projects within the NCe. DCe. Be. DC or DW zones must comply with the
provisions set forth in adopted Sub-Area Plans, the provisions of this chapter, and the following:
(1) Street trees shall be provided within the front yard setback or in the
sidewalk along any facade facing a major arterial. Trees shall be spaced no less than three (3)
trees per one-hundred (100) linear feet of frontage. Trees placed in the sidewalk should be
7
2008 Zoning Code Amendments
provided with street grates at the sidewalk level providing a continuous walking surface to within
six (6) inches of the tree base. Where existing areaways or vaults prevent this fonn of planting,
trees shall be planted in planters equipped with irrigation. All trees shall be of a species which
allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction
to a height of at least eight (8) feet. Trees shall have a minimum caliper oftwo and one-half (2-
1/2) inches at the time of planting;
(2) Surface parking lots, if they abut public sidewalks, shall provide a
perimeter landscaping strip containing a combination of trees (with no fewer than three (3)
trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than
fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs, and;
(3) For parking lots containing more than twenty (20) stalls, at least fifteen
(15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a
minimum caliper of two and one-half (2-l/2) inches at the time of planting. Pedestrian walkways
from adiacent sidewalks shall be provided.
tej@ Signifioant Trees Vegetation Preservation. Existing healthy trees located within
required landscape areas and undeveloped areas and which 'l:ill not oonstitute a safety hazard
shall be preserved as [01l0'N3: The retention of existing and healthy trees and vegetation is
important to help promote the utilization of natural systems, reduce the impacts of development
on the storm drainage system and provide a better transition between various land uses within the
City. The following provisions encourage vegetation preservation as follows:
(1) To the greatest extent possible existing healthy significant trees defined
below shall be retained onsite. Should a proposal include the removal of all or portions of a
significant tree(s) a qualified arborculturalist or urban forester shall be retained by the applicant
to inventory the tree(s) and make recommendations regarding the protection, retention,
preservation or removal of the tree(s). A copy of the report and recommendations shall be
submitted to the City as part of the application process.
(2) Existing healthy trees and vegetation may substitute for newly required
landscaping. Credit shall be granted tree for tree and area for area. In order to promote the
retention of existing significant trees during site development, each significant tree within the
landscaped area shall count as three (3) newly required trees.
(3) Credit may be given by the Director at the time of Site Plan Review for the
preservation of significant tree( s)s in exchange for the loss of a parking space;
(4) Significant trees are defined as follows:
(+1) Evergreen Trees. Eight (8) inches in diameter or greater, measured
four (4) feet above existing grade; and
(2ii) Deciduous Trees. Twelve (12) inches in diameter or greater,
measured four (4) feet above existing grade;
fdjW Planting Materials. Plants shall be selected based upon site-specific conditions
which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent
site improvements, etc. New plant materials shall consist of drought-resistant species, or other
species that are irrigated per the provisions ofBMC 20.50.060(b)(4) or located in high moisture
content soils. Plant material selection shall be consistent with the list maintained by the
American Association of Nurserymen (AAN)of approved plant materials recommended for use
"vithin areas in the City of Brcmcrton per BMC 20.50.040(f). Plant materials shall also be
coordinated with utility company requirements to avoid conflicts.:.t Unless otherwise specified
8
2008 Zoning Code Amendments
within this chapter all required landscaping shall at a minimum meet the following size
requirements:
8Bill Plant Type and Size: Plants shall be sized according to the following:
(1) Standard deciduous trees: 1 ~ inch-:- to 2 inch-:- caliper
(2) Small ornamental and flowering trees: 1 ~ inch-:- to 1 14 inch-:- caliper
(3) Evergreen trees: 5 feet to 6 feet height
(4) Shrubs Min. size 1 gallon container
and ground co','er: Adequate size to be consistent with design intent.
(5) Ground cover: Min. 4 inch container
(f) Deciduous Species Requirement. Landscaped areas and required screening shall consist
of no more than fifty (50) percent deciduous species;
(g) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used
or designated trails and open spaces in the Comprehensive Plan shall provide one (1) tree per
fifty (50) linear feet of the property facing such trails and open spaces in addition to the general
provisions ofHMC 20.50.040(d);
Wig} Interruptions. Screening and buffering may be interrupted where necessary for
access consistent with the general provisions of this chapter;
(Bili) Safety. All fire hydrants are to be free of fences, hedges, and other landscaping
obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5)
feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer
than twenty (20) feet to a hydrant;
ffiill. Freestanding Signs. An area around the base of each freestanding sign equal to the
sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk
of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation
and may include other materials and components such as brick or concrete bases, planter boxes,
pole covers, or decorative framing;
Will Outdoor Storage. In addition to any other requirements, storage yards and garbage
dumpsters shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall
or fence shall be considered a structure and shall conform to setbacks which may be required for
building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height
when visible from a public right-of-way;
(1) Parking LotsParking lots shall comply with all of the landscaping requirements for
nonresidential uses. In addition, the following standards shall apply:
(1) Parking lot setback areas shall be landscaped '.'lith trees, sh..\lbs, ground
covers, turf grasses, or combinations thereof. Nonliving materials shall not exoeed t'tyenty (20)
percent of the landscaped area at maturity;
(2) Parking lots shall have at least ten (10) square feet of interior landscaping for
each parking space. Required peripheral trees and required landscaped setbaok areas shall not be
included in the interior landscaping calculations;
(3) Interior landscaping shall be dispersed as equally as possible throughout the
parking lot;
(Il) Each separate landscaped area shall be a minimum of fifty (50) square feet and
shall include at least one (1) tree in combination with shrubs, ground cover or other landscaping
materials;
9
2008 Zoning Code Amendments
(5) Bioswales and pernleable pedestrian accessv/ays through parking lots,
connecting landscaped areas, are encouraged and are included in the calculation of required
landscaping square footage;
(6) Lots larger than thirty (30) spaces are exempt from internal landscaping
requirements if:
(i) They have only a single aisle with parking spaces on one (1) or both
~
,
(ii) They have at least a five (5) foot width oflandscaping across the
frontage and along at least one (1) other property line; and
(iii) The lot has no internal parking islands or peninsulas;
(7) Trees shall be provided along any property line abutting a residential zone at a
minimum rate of one (1) tree per each fifty (50) linear feet except along property lines abutting
an alley or already occupied by a building or other structure;
(8) If not necessary for visual buffering or if other trees are on or near the property
line, trees may be irregularly spaced or grouped rather than uniformly spaced on the property
lffie:.
,
(9) Whenever possible, mature healthy trees, as defined in BMC 20.50.040(e),
already existing on the site shall be preserved. Credit may be given by the Director at the time of
site plan review for the preservation of such a tree in exchange for the loss of a parking space;
fmjOO Clear-Vision Triangle. A clear-vision area shall be maintained at the intersections
of streets, alleys and commercial driveways, or combinations thereof as determined by the City
Engineer with the following requirements:
(1) A clear-vision area shall contain no plantings, fences, walls, other
structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8)
feet above the ground, measured from the established centerline of the street, alley or driveway;
(2) The foregoing provision shall not apply to:
(i) A tree trimmed to the trunk within the three (3) to eight (8) foot clear
area;
(ii) Other plant species that are so planted and trimmed as to leave a clear
and unobstructed cross-view in all seasons;
(iii) A supporting member or appurtenance to a permanent building
lawfully existing on the site;
(3) Where the maximum setback conflicts with the clear-vision triangle, relief
from the maximum setback may be granted thorough a Type I Director decision.
20.50.060 LANDSCAPING PLAN SUBMITTAL.
A landscape plan shall accompany all land use applications, including permits for
clearing, grading, and building.
(a) A landscape plan shall be drawn to scale and shall indicate:
(1) Project name, owner's name, designer's name, north arrow, date and scale;
(2) Existing property lines, easements, rights-of-way, utilities, setbacks, trees,
fences, and other screening and structures;
(3) Existing and proposed grades of at least five (5) foot intervals;
(4) Proposed plantings, identified by scientific or common name, and caliper,
size, and minimum height of specimens to be planted.
10
2008 Zoning Code Amendments
(b) A landscape plan shall provide assurances for the following:
(I) Landscape areas consisting of drought-resistant vegetation will not require
temporary or permanent irrigation systems;
(2) Areas where existing site conditions assure adequate soil moisture for
growth within the required landscape area shall have temporary irrigation systems only as
required to sustain new plantings;
(3) Except for areas of undisturbed existing vegetation, all landscape areas
that do not have high soil moisture conditions shall have temporary or permanent irrigation
systems. Temporary systems may be removed after twenty-four (24) months or two (2) growing
seasons, whichever occurs first; provided, that the plantings are established;
(4) Permanent irrigation systems located within required landscape areas shall
include the following features:
(i) Moisture or precipitation sensors;
(ii) Automatic timers set for operation to assure adequate moisture
levels;
(iii) Head-to-head spacing, if sprinkler heads are proposed;
(iv) Pressure regulating devices;
(v) Backflow prevention devices;
(vi) Separate irrigation zones for grass and planting beds;
(vii) Other provisions applicable to state and City codes;
(5) Irrigation water shall be applied with demonstrated consideration for
avoiding runoff, low head drainage, overspray, or other similar conditions where water flows
onto adjacent property, non:irrigated areas, and impervious surfaces;
(6) All landscaping shall be maintained in healthy growing condition for the
life of the project;
(7) All plant material shall be managed by pruning so that plant growth does
not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard.
SECTION 5. Subsection 20.52.070(a) of the Sign Chapter in the Bremerton
Municipal Code entitled "Sign Placement Requirements" is hereby amended by replacing the
incorrect code reference as follows:
20.52.070 SIGN PLACEMENT REQUIREMENTS.
(a) All signs, including supporting structures, shall be erected or placed totally within
the boundaries of the site and not within any public right-of-way, except for the following:
(1) Public authority and other traffic related signs;
(2) Temporary banner signs advertising a public event, which meet City
approval;
(3) Approved signs overhanging public walkways; and
(4) Approved sandwich board signs per BMC 20.52.160 and 20.5~G.170
SECTION 6. Figure 20.52(a) ofthe Sign Chapter in the Bremerton Municipal
Code entitled "Freestanding Signs" is hereby amended by adding size requirements for the
Institutional zone and reducing the sign size allowance for the Limited Commercial zone as
follows:
11
2008 Zoning Code Amendments
Freestanding Signs: Zone-Specific Size and Design Requirements4
Commercial Zones Freestanding Sign Type Max. Height Max. Sizel, 2
Commercial Corridor (CC) Monument only 8' 60 sq. ft.
Wheaton Way Redev. COlT. (WWRC) Monument only 8' 60 sq. ft.
Neighborhood Business (NB) Monument only 6' 48 sq. ft.
Limited Commercial (LC) Monument only 8' +0060 sq. ft.
Freeway Corridor (FC) Any 35' 100 sq. ft.3
Marine Industrial (MI) Monument only 8' 100 sq. ft.
Industrial Park (IP) Monument only 8' 100 sq. ft.
Industrial (1) Any 25' -
Institutional (INST) Monument Only 8' 60 sq. ft.
Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size
Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft.
District Center Core (DCC) Monument only 8' 60 sq. ft.
Downtown Core (DC) Monument only 8' 60 sq. ft.
Downtown Waterfront (DW) Monument only 8' 60 sq. ft.
Business Core (BC) Monument only 8' 60 sq. ft.
Employment Center (EC) Monument only 8' 60 sq. ft.
SECTION 7. Subsection 20.62.060(a) of the Commercial Corridor Zone in the
Bremerton Municipal Code entitled "Development Standards" is hereby amended modifying the
setback from residentially zoned properties to read as follows:
(a) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law:
(1) Maximum front yard setback: five (5) feet. At least sixty-five (65) percent
of the building's front facade must meet the maximum front yard setback;
(2) Minimum side yard setback: zero (0) except when adiacent to the Low
Density Residential Zone (R-I 0) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).as follo'.'/s:
(i) Residential uses abutting the 10"'/ density residential (R 10) zone: ten
(l0) feet;
(ii) Nonresidential uses abutting the 10'.';' density residential (R 10) zone:
sixty (60) feet;
(3) Minimum rear yard setback: zero (0), except when adiacent to the Low
Density Residential Zone (R-lO) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).as follo\'.'s:
12
2008 Zoning Code Amendments
(i) Residential uses from the 10'" density residential (R 10) zone: ten (l0)
feet::.
,
(ii) Nonresidential uses from the low density residential (R 10) zone: sixty
(60) feet;
(4) No maximum density for secondary residential uses.
(5) Maximum building coverage: fifty (50) percent unless increased per
subsection (b) of this section. In no case shall maximum lot coverage exceed seventy-five (75)
percent.
(6) Maximum development coverage is seventy-five (75) percent unless
increased per subsection (b) of this section. In no case shall maximum lot coverage exceed
ninety-five (95) percent.
(7) Maximum height: forty-five (45) feet, except that structures within one
hundred (100) feet of the low density residential (R-I0) zone shall not exceed thirty-five (35) feet
in height.
(8) Maximum building heights within the downtown regional center are
pursuant to Figure 20.74(a)the Downtown Sub-area Plan, and shall supercedesupersede
subsection (a)(7) of this section.
SECTION 8. Section 20.62.070 of the Commercial Corridor Zone in the
Bremerton Municipal Code entitled "Design Standards" is hereby amended to remove the
landscaping requirements as follows:
20.62.070 DESIGN STANDARDS.
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the following criteria shall be used to reduce
the appearance of mass and bulk of the facade of all buildings facing public streets:
(1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks
are not applied to more than twenty-five (25) percent of building facades facing a public street.
(2) One (1) or more of the following techniques:
(i) Recessing the entrance area at least three (3) feet.
(ii) An entrance area that protrudes at least three (3) feet.
(iii) A canopy, portico or overhang extending at least five (5) feet over
the sidewalk in the entrance area.
(3) Buildings with at least five (5) foot overhangs, awnings, canopies or arcades
elevated between eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall occupy at least fifty (50) percent ofthe
ground floor facade measured to ten (10) feet above the sidewalk or finished grade.
(b) Sight obscuring landscape buffering shall be provided along property lines adjacent to
commeroial corridor (CC) and 10'1,' density residential (R 10) zones pursuant to the standards set
forth in BMC 20.50.050(b).
fe1{Q} Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to BMC 20.50.050(b).
13
2008 Zoning Code Amendments
tat-W Refuse Containers.
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at least
as high as the refuse container, and shall in no case be less than six (6) feet high;
(2) No refuse container shall be pennanently stored between a street and the
front of a building;
(3) Refuse collection areas shall be designed to contain all refuse generated
on-site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
SECTION 9. Section 20.62.090 of the Commercial Corridor Zone in the
Bremerton Municipal Code entitled "Landscaping Requirements" is hereby amended to reference
the landscaping chapter and removes the landscaping requirements as follows:
20.62.090 LANDSCAPING REQUIREMENTS.
The landscaping requirements set forth in Chapter 20.50 BMC, or as othenvise modified
in this chapter, shall be satisfied.
SECTION 10. Subsection 20.64.060(a) of the Wheaton Way Redevelopment
Corridor in the Bremerton Municipal Code entitled "Development Standards" is hereby amended
by modifying the setback from residentially zoned properties as follows:
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law:
(1) Maximum front yard setback is five (5) feet except that front yard setback
may be increased if the Director finds that such increase is necessary to accommodate pedestrian
features per BMC 20.64.070 or equivalent. At least sixty-five (65) percent of the building's front
facade must meet the maximum front yard setback;
(2) Minimum side yard setback.;... -is zero (0) except when adiacent to the Low
Density Residential Zone (R-I0) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).from nonresidential zones, and thirty (30) feet from the low
density residential (R 10) zone;
(3) Minimum rear yard setback~-is zero (0) except when adiacent to the Low
Density Residential Zone (R-l 0) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).from nonresidential zones, and thirty (30) feet from the 10'1'1
density residential (R 10) zone;
(4) Maximum building coverage: fifty (50) percent unless increased per
subsection (b) of this section. In no case shall maximum lot coverage exceed seventy-five (75)
percent;
(5) Maximum development coverage: seventy-five (75) percent unless
increased per subsection (b) of this section. In no case shall maximum lot coverage exceed
ninety-five (95) percent;
(6) Maximum height: forty (40) feet, and structures within one hundred (100)
feet ofthe low density residential (R-l 0) zone shall not exceed three (3) stories in height.
14
2008 Zoning Code Amendments
SECTION 11. Section 20.64.070 of the Wheaton Way Redevelopment Corridor
in the Bremerton Municipal Code entitled "Design Standards" is hereby amended to remove the
landscaping requirement as follows:
20.64.070 DESIGN STANDARDS.
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the following criteria shall be used to reduce
the appearance of mass and bulk ofthe facade of all buildings facing public streets.
(1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks
are not applied to more than twenty-five (25) percent of building facades facing a public street.
(2) One or more of the following techniques:
(i) Recessing the entrance area at least three (3) feet;
(ii) An entrance area that protrudes at least three (3) feet; or
(iii) A canopy, portico or overhang extending at least five (5) feet over
the sidewalk in the entrance area.
(3) Buildings with at least five (5) foot overhangs, awnings, canopies or
arcades elevated between eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall occupy at least fifty (50) percent of
the ground floor facade measured to ten (10) feet above the sidewalk or finished grade.
(b) Residential uses shall be placed only on upper floors of mixed use structures in
which ground floors are occupied with nonresidential uses, except that on sites in single
ownership larger than three (3) acres, single-use residential structures are permitted if screened
from major arterials by mixed use structures or structures containing other permitted
nonresidential uses only. Such screening structures must comprise at least sixty-five (65) percent
of the arterial frontage to a height of thirty-five (35) feet.
(0) Sight obscuring landscape buffering shall be provided along property lines adjacent to
commercial corridor (CC) and low density residential (R 10) zones pursuant to the standards set
forth in BMC 20.50.050(b).
Wi0 Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to BMC 20.50.050(b).
I fef@ Refuse containers, provided:
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at least
as high as the refuse container, and shall in no case be less than six (6) feet high;
J (2) No refuse container shall be permanently stored between a street and the
front of a building; and
(3) Refuse collection areas shall be designed to contain all refuse generated
on-site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
15
2008 Zoning Code Amendments
SECTION 12. Section 20.64.090 of the Wheaton Way Redevelopment Corridor
in the Bremerton Municipal Code entitled "Landscaping Requirements" is hereby amended to
reference the landscaping chapter and remove the landscaping requirements as follows:
20.64.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC, or as othef\vise modified
in this chapter.
SECTION 13. Subsection 20.66.060(b) and subsection 20.66.060(c) of the
Neighborhood Center Core in the Bremerton Municipal Code entitled "Development Standards"
is hereby amended by modifying the setback from residentially zoned properties as follows:
(b) Side yard setback: zero (0), except when adiacent to the Low Density Residential
Zone (R-10) where a ten nO) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).ten (10) feet where abutting the low density residential (R 10) zone.
(c) Rear yard setback: zero (0), except when adiacent to the Low Density Residential
Zone (R-lO) where a ten nO) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).ten (10) feet where abutting the IQ';'{ density residential (R 10) zone.
SECTION 14. Subsection 20.66.070(b) of the Neighborhood Center Core in the
Bremerton Municipal Code entitled "Site Design" is hereby amended to remove the landscaping
requirements as follows:
(b) Site Design. In addition to other guidelines provided in this chapter, site design
shall meet the following requirements:
(1) Retail structures shall not be set back more than ten (10) feet from the
public right-of-way. In addition, retail structures shall be either mixed use structures with
residential or office uses above or be constructed so as to allow future addition of at least one
additional story containing residential or office uses.
(2) Street trees shall be provided within the front yard setback or in the sidev.ulk
along any faoade facing a major arterial. Trees placed in the sidev.alk shall be provided with
street grates at the sidewalk 1e'/el providing a continuous walking surface to ''vithin six (6) inches
ofthe tree base. Trees shall be spaced per Chapter 20.50 BMC and be: of a species appropriate
for location near or in sidev/alks; of a species allo'Ning pruning of lower branches in a manner
necessary to keep the sidewalk clear of obstruction to a height of at least six (6) feet; and capable
of attaining at least tv.enty (20) feet in height at maturity. Trees shall not be less than t,,\,o (2) inch
caliper at time of planting.
(~2) Circulation. Clearly defined pedestrian and vehicle circulation routes shall
be provided such that all portions of the site are linked.
(41) Storage. Outside storage of any kind is prohibited with the exception of
garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure as
per BMC 20.46.120. No garbage enclosure shall be permitted between a street and the front of a
building.
16
2008 Zoning Code Amendments
SECTION 15. Subsection 20.70.060(b) and subsection 20.70.060(c) in the
District Center Core of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback from residentially zoned properties as follows:
20.70.060 DEVELOPMENT STANDARDS.
(b) Side yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).from nonresidential zones, and ten (10) feet from the low density residential (R 10)
~
(c) Rear yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).from nonresidential zones, and ten (10) feet from the low density residential (R 10)
~
SECTION 16. Subsection 20.70.070(b) in the District Center Core of the
Bremerton Municipal Code entitled "Site Design" is hereby amended to remove the landscaping
requirements as follows:
20.70.070 DEVELOPMENT STANDARDS.
(b) Site Design. In addition t6 other standards provided in this chapter, site design
shall meet the following requirements:
(1) No less than thirty (30) percent of the frontage of a site along arterial
streets, as measured in lineal feet, shall be occupied by commercial structures set back ten (10)
feet or less from a public right-of-way. In addition, such commercial structures shall be either
mixed use structures with residential or office uses above or be constructed so as to allow future
addition of at least two (2) additional stories containing residential or office uses.
(2) Street trees shall be provided within the front yard setback or in the sidevialk
along any facade facing a major arterial. Trees plaoed in the side'.valk shall be provided '.'lith
street grates at the sidewalk le'lel providing a continuous v/alking surface to \vithin six (6) inches
of the tree base. Trees shall be spaced per Chapter 20.50 BMC and be: of a species appropriate
for loeation near or in side"l/alks; of a species allowing pruning of lower branches in a manner
necessary to keep the sidewalk clear of obstruction to a height of at least six (6) feet; and capable
of attaining at least twenty (20) feet in height at maturity. Trees shall not be less than t'.'/o (2) inch
caliper at time of planting.
(:12.) Circulation. Clearly defined pedestrian and vehicle circulation routes shall
be provided such that all portions of the site are linked.
(4J) Storage. Outside storage of any kind is prohibited with the exception of
garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure per
BMC 20.46.120. No garbage enclosure shall be permitted between a street and the front of a
building.
SECTION 17. Chapter 20.74 of the Bremerton Municipal Code entitled
"Business Core" is hereby amended by repealing and amending the chapter to be consistent with
the Downtown Sub-Area Plan and adding a reference to the landscaping section as follows:
17
2008 Zoning Code Amendments
Chapter 20.74
Business Core
20.74.010 INTENT.
The intent of this zone is to offer well integrated emplo)ment, shopping and residential
opportunities as an integral part of the dovmtown regional center. Long term surface parking and
other automobile related uses are discouraged. Pedestrian oriented day and nighttime acti'o'ities
are encouraged. Residential uses are highly encouraged, particularly on upper floors and around
the periphery of the zone. The intent of this zone is detailed in the adopted Downtown Regional
Center Sub-area Plan. This Chapter supplements the adooted Plan.
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Accessory parking facility;
(b) Bed and breakfast;
(c) Co-location of wireless telecommunications facility per BMC 20.46.140;
(d) Communicationlbroadcasting facility;
(e) Community facility;
(f) Day care facility;
(g) Detoxification center;
(h) Finance, insurance and real estate;
(i) General office and business services;
G) General retail;
(k) Group residential facilities - Class I;
(1) Hotel and lodging place;
(m) Indoor automobile sales, service, repair, or car wash;
(n) Indoor entertainment use;
(0) Indoor recreational facility;
(P) Medical office and clinic;
(q) Motion picture theater;
(r) Museum and gallery;
(s) Parking structure;
(t) Personal services business;
(u) Physical fitness and health club;
(v) Public or private park, playground or open space;
(w) Public administration;
(x) Public facility;
(y) Residential use of all types;
(z) Restaurant and drinking place;
(aa) School and education use;
(bb) Social services facility;
(cc) Transportation facility;
(dd) Veterinary clinic;
(ee ) Welfare and charitable services and facility;
(ff) Worship and religious facility.
18
2008 Zoning Code Amendments
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(I) The structure is not enlarged, extended or structurally altered outside the
existing building envelope in a manner that '.','ould require additional parking pursuant to Chapter
20.4 8 BMC;
(2) Interior alterations 'Nithin the envelope of the building do not increase the
existing net floor area by more than hventy five (25) percent; and
(3) Existing site improvements and/or the building create such a restriction on the
land that landscaping and parking cannot be reasonably accommodated.
20. 74.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance with the Downtown Sub-
Area Plan. Parking shall meet the standards of Chapter 20.48 BMC.
20.74.090 LANDSCAPING STANDARDS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
20.74.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the
maximum size and height standards of Figure 20.52(a) shall apply.
SECTION 18. Figure 20.74(a) ofthe Bremerton Municipal Code entitled
"Downtown Regional Center Maximum Building Heights" is hereby repealed in its entirety.
SECTION 19. Chapter 20.75 in the Bremerton Municipal Code entitled
"Downtown Core" is hereby amended by repealing and amending the chapter to be consistent
with the Downtown Sub-Area Plan as follows:
Chapter 20.75
Downtown Core
20.75.010 INTENT.
The intent of this zone is to foous oommercial, entertainment, cultural, ci';io uses and
urban residential into an intense, oompact, walkable area served by public transit. The intent of
this zone is detailed in the adopted Downtown Regional Center Sub-area Plan. This Chapter
supplements the adopted plan.
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Community facility;
(b) Drinking place;
(c) Education and school;
(d) Entertainment use;
(e) Finance, insurance and real estate;
(f) General retail;
(g) General office and business service;
20
2008 Zoning Code Amendments
(h) Hotel and lodging place;
(i) Medical office and clinic;
(j) Motion picture theater;
(k) Museum and gallery;
(1) Park, playgrounds and open space;
(m) Parking structure;
(n) Personal service business;
(0) Public administration;
(p) Restaurant;
(q) Residential uses of all types;
(r) Transportation facility;
(s) Veterinary clinic;
(t) Worship and religious facilities.
20.75.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and heavy industrial/manufacturing uses;
(b) Drive-through facility;
(c) Automobile sales, service, repair or car wash;
(d) Storage of equipment and materials;
( e) Adult entertainment;
(f) Work release facility;
(g) Commercial surface parking lot not serving a permitted use.
20.75.060 DEVELOP1\fENT STAND"\RDS.
(a) Development shall comply with the follo',ving floor area ratio, which is the net floor
area divided by the lot area:
(1) The floor area ratio of all residential uses shall not exceed tv/O (2);
(2) The floor area ratio of all nonresidential uses shall not exceed one (1 );
(3) The floor area ratio of residential uses may be increased to six (6) "",hen un
amenity is provided pursuant to BMC 20.75.065;
(4) The floor area ratio of nonresidential uses may be increased to three (3) when
un amenity is pro';ided pursuant to BMC 20.75.065;
(5) All nev. development shall haye a minimum floor urea ratio of one (1 );
(6) For the purposes of this chapter, hotels shall be considered residential uses;
(7) The floor area ratio for nonresidential uses and residential uses ''vi thin a given
development are individually calculated for each use and may be added together for a combinod
maximum; provided, that the maximum allO'.vable floor area ratio for each use is not exceeded.
(Example: A project that includes special amenities may have a total floor area ratio of six (6),
","ith t',vo (2) in commercial use and four (4) in residential use.);
(8) For the purposes of this chapter, "net floor urea" is the amount of floor urea
'.vithin a building as measured to the inside face ofths exterior building \valls, excluding the
follo"ving:
(i) Spaces below grade;
(ii) Space devoted to parking;
21
2008 Zoning Code Amendments
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(a) Rooftop Screening. Either a high parapet or a stepped or sloped roof form which is a
part of the architecture of the building and is at least as high as the equipment shall screen all
rooftop mechanical equipment. Fencing is not acceptable.
(b) Scroening of Parking. The street facing, ground level facades of parking garages shall
be designed to screen the view of parked cars. \Vhere commercial or residential space is not
available to accomplish this, features such as planters, decorative !;,'filles, or worIes of art shall be
H-Seth
(c) Building Facade.
(1) Any building facade facing a public sidewalk shall incorporate more refined
materials such as stone or briok and details such as pilasters, plinths, brackets, or belt courses on
at least the first floor. The first floor shall be considered the area of the building facade
approximately fifteen (15) feet in height above the street grade.
(2) ..'\11Y sidewalk level facade that faces any downtown street shall ha';e at least
thirty five (35) percent of the faoade area in transparent glass windows.
(d) Distinctive Design. Buildings taller than four (4) stories shall display a distinctive
design for the top of the building that can be achie';ed by various means including a change in
materials, arohitectural detail, oolor, or stepbacks at the top floor, a prominent projecting cornice,
or a roof with a form such as a ourve, slope, or peak.
(e) Primary Pedestrian Streets. .^JI development west of \V ashington Avenue that is
located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park ,^..venue shall
additionally meet the following standards:
(1) Building facades shall abut the side\valk, except entranoe areas may be
recessed. Furthermore, buildings may be set back to accommodate exterior public spaces
pursuant to BMC 20.75.065.
(2) At least fifty (50) percent of the linear, side'. valle level frontage of any structure
shall consist of, or be adaptable to, retail, restaurants, cultural or entertainment uses, financial
institutes, offioe, indoor publio spaces, or art galleries; and
(3) At least seventy five (75) peroent of the frontage shall include v/eather
protection in the form of a flat or sloped canopy, proj ecting at least fi';e (5) feet over the
side'.-valk.
20. 75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance with the Downtown Sub-
Area Plan.follo'Ning standards:
(a) Nonresidential uses shall provide at least one (1), but not more than four (1), off street
parking space per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one half (0.5) off street parking space per one
thousand (1,000) square feet of gross floor area.
(c) The first three thousand (3,000) square feet of gross ground floor retail area shall be
exempt from off street parking requirements.
20.75.090 LANDSCAPING.
Landscaping shall meet the standards of Chapter 20.50 BMC.
23
2008 Zoning Code Amendments
For the purposes of this chapter, landscaping shall be provided in accordance '",ith the
following standards:
(a) Street trees shall be provided with no fewer than three (3) trees per one hundred (100)
linear feet of frontage. Tree grates shall be used to cover the planting pits. \Xlhere existing
areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with
irrigation. All trees shall ha','e a minimum caliper of 1'."0 and one half (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter
landscaping strip containing a combination of trees (vlith no fower than three (3) trees per one
hundred (100) linear feet of frontage) and sh.~.lbs. Masonry walls no lo\ver than fifteen (15)
inches nor higher than thirty (30) inches may be substituted for shrubs.
(c) For parking lots containing more than tv/enty (20) stalls, at least fifteen (15) percent of
the interior area shall be planted 'Nith trees and shrubs. All trees shall have a minimum caliper of
t\\'o and one half (2.5) inches at the time of planting. Pedestrian walkvlays from adjacent
side'.valks shall be provided.
20.75.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the
maximum size and height standards of Figure 20.52(a) shall apply.
20.75.110 CHl"~CE OF USE OR REH,A..BILIT,A"TION OF EXISTINC BUILDINC.
V/hen an existing building or structme is remodeled, impro','ed or a change in use or
tenancy occurs, it shall be exempt from off street parking and landscaping requirements;
proyided, that:
(a) The struoture is not enlarged, extended or structurally altered outside the existing
building enyelope in a manner that would require additional parking pursuant to BMC
20.48.020(c);
(b) Interior alterations to the enyelope of the building do not increase the existing net
floor area by more than twenty fiye (25) percent.
SECTION 10. Chapter 20.76 in the Bremerton Municipal Code entitled
"Downtown Waterfront" is hereby amended repealing and amending the chapter to be consistent
with the Downtown Sub-Area Plan and adding a reference to the landscaping section as follows:
Chapter 20.76
Downtown Waterfront
20.76.010 INTENT.
The intent of this zone is to provide for an array of uses related to the water, multimodal
transportation facilities, view corridors, public access and residential. The intent of this zone is
detailed in the adopted Downtown Regional Center Sub-area Plan. This Chapter supplements the
adopted plan.
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
24
1008 Zoning Code Amendments
(a) Drinking places;
(b) General office and business services comprising no more than twenty-five (25)
percent of the total gross floor area of a mixed use development;
(c) General retail, including marine retail;
(d) Hotels and lodging places;
(e) Parks, playgrounds and open spaces;
(f) Residential uses of all types;
(g) Restaurants;
(h) Structured parking with other permitted uses;
(i) Transportation facilities;
(j) Veterinary clinics.
20.76.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Adult entertainment;
(b) Automobile sales, service, repair and car wash;
(c) Boat sales, storage and repair;
(d) Commercial surface parking lots not serving a permitted use;
(e) Drive-through facilities and drive-through lanes;
(f) Light and heavy industrial/manufacturing uses;
(g) Stand-:alone commercial parking not serving a permitted use;
(h) Storage of equipment and materials;
(i) Work release facilities.
20.76.060 DEVELOPMENT ST .";'1NDARDS.
(a) Development shall comply with the follo',ving floor area ratio, whioh is the net floor
area divided by the lot area:
(1) The floor area ratio of all residential uses shall not exceed one (1 );
(2) The floor area ratio of all nonresidential uses shall not exoeed one half (0.5);
(3) The floor area ratio of residential uses may be increased to 1\"'0 (2) ',,,,hen an
amenity is pro'/ided pursuant to BMC 20.76.065;
(4) The floor area ratio of nonresidential uses may be increased to one (1) when an
amenity is provided pursuant to BMC 20.76.065;
(5) For the purposes ofthis chapter, hotels shall be considered residential uses;
(6) The floor area ratio f-or nonresidential uses and residential uses within a given
development are indi'/idually calculated for each use and may be added together for a combinod
maximum; provided, that the maximum alloy/able floor area ratio for each use is not exceeded.
(Example: A project that includes special amenities may have a total floor area ratio of six (6),
'.vith two (2) in commercial use and f-our (4) in residential use.);
(7) For the purposes of this chapter, "net floor area" is the amount of floor area
"vithin a building as measured to the inside face of the exterior building '.valls, excluding the
following:
(i) Spaces belo,;,,' grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
25
2008 Zoning Code Amendments
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20.76.070 DE8ICN 8T.",.ND.\RD8.
(a) Rooftop Screening. Either a high parapet or a stepped or sloped roof fonn "vhich is a
part of the architecture ofthe building and is at least as high as the equipment shall screen all
rooftop mechanical equipment. Fencing is not acceptable.
(b) Screening of Parking. The street facing, ground level facades of parking garages shall
be designed to screen the view of parked oars. '\There commercial or residential space is not
available to accomplish this, features such as planters, decorative grilles, or "vorIes of art shall be
Hseth
(c) Building Facade.
(1) Any building faoade facing a public side\valk shall incorporate more refined
materials such as stone or briok and details such as pilasters, plinths, brackets, or belt courses on
at least the first floor. The first floor shall be considered the area of the building facade
approximately fifteen (15) feet in height above the street grade.
(2) .^.ny side'Nalk level facade that faoes any do'.vntovll1 street shall have at least
thirty five (35) peroent of the facade area in transparent glass windows.
(d) Distinotiye Design. Buildings taller than four (1) stories shall display a distinctive
design for the top of the building that can be achieyed by various means including a ohange in
materials, arohiteotural detail, color, or stepbacks at the top floor, a prominent projecting cornice,
or a roof with a form such as a curve, slope, or peak.
(e) Primary Pedestrian Streets. All development west of \V ashington Avenue that is
located along First, Second, Fourth, and Fifth Street, Bunyell, Pacific and Park Ayenue shall
additionally meet the f{)llO'.ving standards:
(1) Building facades shall abut the sidewalk, except entrance areas may be
recessed. Furthermore, buildings may be set back to accommodate exterior public spaces
pursuant to BMC 20.76.065.
(2) .\t least fifty (50) percent of the linear, side\valk leyel frontage of any structure
shall consist of, or be adaptable to, retail, restaurants, cultural or entertainment uses, financial
institutes, office, indoor public spaces, or art galleries; and
(3) At least seyenty fiye (75) percent of the frontage shall include v,'eather
protection in the form of a flat or sloped canopy, projecting at least fiye (5) feet over the
sidev/alk.
20. 76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance to the Downtown Sub-Area
Plan. follov,'ing standards:
(a) Nonresidential uses shall provide at least one (1), but not more than three (3), off
street parking space per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall proyide at least one half (0.5) off street parking space per one
thousand (1,000) square feet of gross floor area.
(c) The first three thousand (3,000) square feet of gross ground floor retail area shall be
exempt from off street parking requirements.
20.76.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards in BMC 20.50.
27
2008 Zoning Code Amendments
For the purposes of this chapter, landscaping shall be provided in accordance 'vVith the
following standards:
(a) Street trees shall be provided with no fe\ver than three (3) trees per one hundred (100)
linear fcet of frontage. Tree grates shall be used to cover the planting pits. Where existing
area'.vays or vaults prevent this [onn of planting, trees shall be planted in planters equipped with
ilTigation. <^JI trees shall have a minimum caliper of 1'.'10 and one half (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public sidevlalks, shall provide a perimeter
landscaping strip containing a combination oftn;,es ('.'lith no fev;er than three (3) trees per one
hundred (100) linear feet of frontage) and shrubs. Masonry vlalls no lo\ver than fifteen (15)
inches nor higher than thirty (30) inches may be substituted for shrubs.
(c) For parking lots containing more than 1'.venty (20) stalls, at least fifteen (15) percent of
the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of
t,,','o and one half (2.5) inches at the time of planting. Pedestrian walkways from adjacent
sidev;alks shall be provided.
20.76.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the
maximum size and height standards of Figure 20.52(a) shall apply.
20.7(i.110 CH.\NCE OF USE OR REHABILITATION OF EXISTINC BUILDINC.
"/hen an existing building or struoture is remodeled, improved or has a change in use or
tenanoy, it shall be exempt from off street parking and landscaping requirements; provided, that:
(a) The structure is not enlarged, extended or structurally altered outside the existing
building enyelope in a manner that would require additional parking pursuant to BMC
20.48.020(0);
(b) Interior alterations to the envelope of the building do not increase the existing net
floor area by more than 1\venty five (25) percent.
20.76.110 MEASURING HEIGHT.
The maximum height shall be measured from the average grade on W ashington Avenue
adiacent to the subject property's front lot line.
SECTION 21. Chapter 20.79 in the Bremerton Municipal Code entitled
"Multiple Residential" is hereby amended by repealing amending language so the chapter is
consistent with the Downtown Sub-Area Plan as follows:
Chapter 20.79
Multiple Residential
20.79.010 INTENT.
The intent ofthe multiple residential (MR) zone district is to support the dO'Nntown
regional center '.'lith opportunities for high density residential use. Attached multifamily units are
encouraged to take advantage of the unique views and nearby amenities such as shorelines,
recreational opportunities, or access to ferries and transit. There is an intentional reduction in
28
2008 Zoning Code Amendments
parking requirements and an increase in building coverage to accommodate high density
pedestrian oriented deyclopment in this most accessible of neighborhoods. The intent of this
zone is detailed in the adopted Downtown Regional Center Sub-area Plan. This Chapter
supplements the adopted plan.
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are pennitted outright:
(a) Co-location of wireless telecommunications per BMC 20.46.140;
(b) Residential Use. Residential uses include:
(1) Day care facility (twelve (12) or fewer persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Single-unit dwelling unit, attached (zero (0) lot lines);
(6) Single-unit dwelling unit, detached;
(7) Townhouses.
20.79.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC 20.60.030 (low density residential
(R-1O) zone).
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided
the conditional use complies with the corresponding standard as listed in BMC 20.60.040 (low
density residential (R-IO) zone):
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) persons receiving care);
(e) Worship and religious facility;
(f) Schools, parks and associated facilities ofthe types set forth in BMC 20.60.040(j).
20.79.060 DEVELOPMENT STfAND:....RDS.
(a) Lot de'lelopment requirements shall be in accordance with the follov.'ing standards
unless allo\ved for by law otherwise:
(1) Density.
(i) No maximum density;
(ii) Minimum: fi';e (5) dwelling units per acre;
(2) Setbacks.
(i) Minimum front yard setback: ten (10) feet;
(ii) Minimum side yard setback: five (5) feet;
(iii) Minimum rear yard setback: ten (10) feet;
(iv) Zero (0) Lot Line De'islopment. An attached single family dwelling
and/or garage structure may ha','c a shared single side or rear lot line, and a setback reduced to
zero (0), provided the structure complies '.vith building code fire separation requircments;
29
2008 Zoning Code Amendments
(3) Minimum lot area: three thousand (3,000) square feet;
(4) Maximum height: height limit is pursuant to Figure 20.74(a);
(5) Maximum building coverage: eighty (80) percent.
(b) Accessory Structures. The follO'.,ving standards shall apply but are not limited to:
garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household
storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The maximum area for all accessory structures shall be eighty (80) percent of
the principal residential use not to exceed one thousand t',','o hundred (1,200) square feet.
(2) Setback of detached accessory structures is pursuant to BMC 20.44.060.
(c) Garages, Storage Buildings, and Shops.
(I) Any garage, storage building or shop structure shall be designed so that the
appearance of the building remains that of a single family residence inch:lding the follo\ving:
(i) Constructed of similar materials as the principal unit;
(ii) ,^~ roof of equal or greater pitoh as the principal unit;
(iii) .^~ height no more than twenty five (25) percent greater than the
principal unit not to exceed thirty fiye (35) feet.
(2) Any garage, storage building, or shop may be exempt from the accessory
structure size requirements provided it is oontained within the principal unit.
(3) Garage, Carport and Shop Vehicle Entrance Setbacks. 'Nhen the vehicle
entrance faces the street, the garage, carport or shop shall have a front yard setback of at least
t\venty (20) feet, except as provided in BMC 20.44.020 (Traditional Front Yard Setbacks).
20. 79.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance to the Downtown Sub-Area
Plan. Off street parking shall be provided in accordance with Chapter 20.18 BMC, except as
follows:
(a) Minimum parking requirement: one (1) space per unit;
(b) ,^,-ccess to parking shall be provided from the adjacent public facilities per thc
following priority:
(1) First, from an alley, if available;
(2) If an alley is not available, from a nonarterial street, if available;
(3) Ifneither an alley nor a nonarterial street are available, from an arterial;
(c) The applicant shall demonstrate that the proposed access is provided from the highest
priority facility per the above list;
(d) Drive'.vays providing access to parking shall be '.veIl marked;
(e) Reduction in number ofrequirod parking spaces. The Director may roduce the number
of required parking spaces on a site by up to ten (10) ','"hen a remodel, expansion, alteration, or
. chango in tho use or tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures, the reduction shall be applied to the
entire site and not to individual uses;
(2) When a use is nonconforming to the required number of off street parking
spaces, it shall not be alio'.ved to reduce the number of existing spaces.
30
2008 Zoning Code Amendments
20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
SECTION 22. Subsection 20.82.060(b) and subsection 20.72.060(c) of the
Neighborhood Business Zone of the Bremerton Municipal Code entitled "Development
Standards" is hereby amended by modifying the setback requirements to residentially zoned
properties as follows:
(b) Side yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-10) where a ten (0) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b)ten (10) feet from residential zones;
(c) Rear yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-10) where a ten (0) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b )ten (10) feet from residential zones;
SECTION 23. Section 20.82.090 in the Neighborhood Business Zone of the
Bremerton Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.82.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC and the follov/ing
requirements:
(a) \Vhere a commeroial use in the neighborhood business zone is adjacent to a
residentially zoned lot, including across an alley from a residentially zoned lot, a landscape
buffer meeting the following standards shall be provided:
(1) }.. solid, vie'll obscuring viall or fence at least six (6) feet in height;
(2) Measures taken to ensure quality in the visual character of the wall or fence on
the side facing the residential lot. Measures may include any combination of the following:
(i) Refined materials or textures such as brick or stone;
(ii) .^.. landscaped strip consisting of plantings and shrubs, v/hich shall
count to'Nards the landscape strip requirement per subsection (a)(3) of this section;
(3) /\.landscaped strip at least fi','e (5) feet in depth. Where a viall is placed within
the landscaped strip, the depth ofthe wall shall be included in the measurement of the depth of
the landscaped strip;
( 4) Gaps for vehicular circulation from the alley do not exceed fourteen (14) fcet
in width.
SECTION 24. Subsection 20.84.060(b) and subsection 20.74.060(c) of the
Limited Commercial Zone in the Bremerton Municipal Code entitled "Development Standards"
is hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
31
2008 Zoning Code Amendments
(b) Side yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-l 0) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b)ten (10) feet from residential zones;
(c) Rear yard setback: zero (0) except ten when adiacent to the Low Density
Residential Zone (R-l 0) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b)(1 0) feet from residential zones;
SECTION 25. Section 20.84.090 in the Limited Commercial Zone of the
Bremerton Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements to read as follows:
20.84.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.. and the follo\ving
requirements:
(a) 'A'hero a commercial use in the limited commercial zone is adjacent to a residentially
zoned lot, including across an alley from a residentially zoned lot, a landscape buffer meeting the
follO\ving standards shall be proyided:
(1) l'~ solid, yiew obscuring ':lall or fence at least six (6) feet in height;
(2) Measures taken to ensure quality in the visual character of the wall or fence on
the side facing the residential lot. Measures may include any combination of the following:
(i) Refined materials or textures such as brick or stone;
(ii) f~ landscaped strip at least five (5) feet in depth. Where a wall is placed
within the landscaped strip, the depth of the wall shall be included in the measurement of the
depth ofthe landscaped strip;
(3) "^~ landscaped strip at least five (5) feet in depth;
(4) Gaps for vehicular circulation from the alley not exceeding fourteen (11) feet
in width.
SECTION 26. Subsections 20.86.060(b) and subsection 20.86.060(c) in the
Freeway Corridor Zone ofthe Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
(b) Minimum side yard setback: zero (0) except when adiacent to the Low Density
Residential Zone (R-lO) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b) twenty (20) feet where abutting residential zones;
(c) Rear yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-10) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b )t'.'lenty (20) feet from residential zones;
SECTION 27. Subsections 20.88.060(b) and subsection 20.88.060(c) in the
Marine Industrial Zone of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
32
2008 Zoning Code Amendments
(b) Minimum side yard setbacks as follo'1.'s: Zero (0) except when adiacent to the
Low Density Residential Zone (R-l 0) where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20.50.050(b)
(l) Zero (0) from commercial zones;
(2) Five (5) feet from residential zones for fully enclosed uses and t..",0nty (20) feet
for uses not fully enclosed.
(c) Minimum rear yard setback as follo'.vs: Zero (0) except when adiacent to
the Low Density Residential Zone (R-I0) where a ten (10) to twenty (20) foot visual
screen is required pursuant to BMC 20.50.050(b)
(1) Zero (0) from commercial zones;
(2) Five (5) feet from residential zones for fully enclosed uses and hventy (20) feot
for uses not fully enclosed.
SECTION 28. Section 20.88.070 in the Marine Industrial Zone of the Bremerton
Municipal Code entitled "Design Standards" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.88.070 DESIGN STANDARDS.
(a) Light, glare, and odors shall not impact or be readily discemable from properties
outside the MI zone, and all provisions of the noise levels ordinance, Chapter 6.32 BMC, shall be
met.
(b) Maximum building coverage maybe increased to seventy-five (75) percent when
separate buildings on more than one (l) lot are constructed with uniformity of the following
architectural elements:
(1) Roofpitches;
(2) Exterior building facade material;
(3) Exterior building facade palette of colors;
(4) Exterior window sash material and style.
(c) Maximum development coverage may be increased to eighty-five (85) percent
with a City-approved, on-site circulation plan depicting access to and from all portions ofthe site
and the waterfront.
(d) All uses in the MI zone shall be screened from view from properties outside the MI
zone, including areas across an alley, by screening meeting the provisions of Chapter 20.50 BMC
and the following standards:
(1) A solid view obscuring wall or fence at least six (6) feet in height;
(2) A landscaped strip at least five (5) feet in depth adjacent to the solid screen on
the side facing the residentially zoned lot.
(e!:D Ingress and egress to all uses within the MI zone shall be from a collector arterial
roadway or higher roadway classification, or from a roadway or driveway that is fully within the
MI zone and not adjacent to other zones.
(f~) Hours of operation for light industrial/manufacturing uses shaIl be limited to 7:30
a.ln. to 7:30 p.m.
SECTION 29. Subsection 20.90.060(b) and subsection 20.90.060(c) in the
lnd ustrial Park Zone of the Bremerton Municipal Code entitled "Development Standards" is
33
2008 Zoning Code Amendments
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
(b) Minimum side yard setback: ten (10) feet, except when adiacent to the Low
Density Residential Zone (R-l 0) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b );t'.venty (20) feet from residentially zoned lots including
residentially zoned lots across a public right of way from the IF zone.
(c) Minimum rear yard setback: ten (10) feet, except when adiacent to the Low
Density Residential Zone (R-I 0) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b );t'.venty (20) feet from residentially zoned lots including
residentially zoned lots across a public right of way from the IF zone.
SECTION 30. Section 20.90.090 in the Industrial Park Zone of the Bremerton
Municipal Code entitled "Landscaping" is hereby amended to by removing the landscaping
requirements and shall read as follows:
20.90.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC~, or as otherwise modified by
the follO'.ving requirements:
(a) For each t',venty (20) parking stalls, a landscaped area equal to one (1) parking stall shall
be provided;
(b) For each twenty (20) parking stalls, one (1) tree shall be installed within a landscaped
area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC.
SECTION 31. Subsection 20.92.060(b) and subsection 20.92.060(c) in the
Employment Center of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
(b) Minimum side yard setback: zero (0), when adiacent to the Low Density
Residential Zone (R-lO) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b, plus an additional setback of one (1) fDot for each foot of height above thirty
five (35) feet;
(c) Minimum rear yard setback: zero (0), except when adiacent to the Low Density
Residential Zone (R -10) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b, plus an additional setback of one (1) foot for each foot ofhoight above thirty
five (35) feet;
SECTION 32. Section 20.92.080 in the Employment Center Zone of the
Bremerton Municipal Code entitled "Parking" is hereby amended by removing the landscaping
requirements and shall read as follows:
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC except as modified by the
following:
34
2008 Zoning Code Amendments
(a) Required parking for a nonresidential use may be reduced by twenty (20) percent
if the project is within one thousand three hundred (1,300) feet of designated transit-oriented
development;
(b) Parking for residential uses shall not exceed tv.'o (2) spaces per residential unit;
(c) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stull
shall be provided; and
(d) For each twenty (20) parking stalls, one (1) treo shall be installed \vithin a landscaped
area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC.
SECTION 33. Section 20.92.090 in the Employment Center Zone of the
Bremerton Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.92.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC-,- and the following
requirements.
(a) Where a side or rear lot line of a nonresidential use is adjacent to a residential zone,
screening with the following characteristics shall be provided:
(1) A solid, 'liew obscuring '.vall or fence at least six (6) feet in height;
(2) Measures taken to ensure quality in the ',isual character of the ',vall or fence on
the side facing the residential lot. Measures may include any combination of the follov,ing:
(i) Refined materials or textures such as brick or stone;
(ii) A landscaped strip at least five (5) feet in depth. '\There a wall is placed
within the landscaped strip, the depth of the wall shall be included in the measurement of the
depth of the landscaped strip;
(3) /\. landscaped strip at least five (5) feet in depth.
SECTION 34. Subsection 20.94.060(b) and subsection 20.94.060(c) in the
Industrial Zone ofthe Bremerton Municipal Code entitled "Development Standards" is hereby
amended by modifying the setback requirements to residentially zoned properties as follows:
(b) Minimum side yard setback: zero (0) except when adjacent to the Low Density
Residential Zone (R-I0) where a ten (0) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b); 1'.venty (20) feet where abutting a residential zone;
(c) Minimum rear yard setback: zero (0) except when adjacent to the Low Density
Residential Zone (R-I0) where a ten (0) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b );1'.venty (20) feet '.",here abutting a residential zone;
SECTION 35. Section 20.94.090 in the Industrial Zone of the Bremerton
Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements set forth in Chapter 20.50 BMC-,-,-Bf
as otherwise modified in this section.
35
2008 Zoning Code Amendments
(a) Where a heavy industrial/manufacturing use is abutting a residentially zoned lot,
including across an alley or public right of way from a residentially zoned lot, a landscape buffer
consisting of the following features shall be provided:
(I) A solid, ':ieV,' obscuring wall or fence at least eight (8) feet in height;
(2) A landscaped strip installed and maintained by the industrial use, at least five
(5) feet in depth adjacent to the solid wall on the side facing the residential zone.
SECTION 36. Subsection 20.98.060(b) and subsection 20.98.060(c) in the
Institutional Zone of the Bremerton Municipal Code entitled "Development Standards" is hereby
amended by modifying the setback requirements to residentially zoned properties as follows:
(b) Minimum side yard setback: zero (0), except when adiacent to the Low Density
Residential Zone (R-IO) where a ten (0) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b); t'.venty (20) feet '.'(here adjacent to any lot not within the institutional (INST)
~
,
(c) Minimum rear yard setback: zero (0), except when adiacent to the Low Density
Residential Zone (R-IO) where a ten (0) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b); tV/enty (20) feet v.'hcre adjacent to any lot not within the institutional (INST)
~
SECTION 37. Severability. If anyone or more sections, sub-sections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 38. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2008
WILL MAUPIN, Council President
Approved this
day of
,2008
CARY BOZEMAN, Mayor
36
2008 Zoning Code Amendments
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2008
,2008
R:\Legal\Legal\Ordinances\Community Development\2008 Zoning Code amendments.doc
37
2008 Zoning Code Amendments
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Since the adoption of the Zoning Code in 2005 staff has become more familiar with the code
and has recognized areas in need of improvement. One of these areas includes the required
setbacks for commercial structures adjacent to Low Density Residential properties which can
require up to a 60' setback. This setback has made several properties undevelopable and must
be reduced. To offset the setback reduction additional screening requirements were developed.
Minor house keeping amendments are also included in this proposal.
The Bremerton Municipal Code chapter 20.18 'Text Amendments" directs staff to bring
amendments that result in any substantive change to a public hearing by the Planning
Commission and then City Council for review and adoption. Planning Commission conducted a
hearing on February 19, 2008 and made a recommendation to approve the proposed
amendments to the Zoning Code.
I. FINDINGS OF FACT
1. Project Description:
On January 15, 2008 the Planning Commission held a workshop session to discuss setbacks
for commercial projects which are adjacent to residential properties. Setbacks vary depending
on the zone and are substantially larger in the Commercial Corridor than any other zone. The
Commercial Corridor requires a 60' setback for all projects adjacent to the Low Density
Residential Zone. While it is clear the intent was to provide adequate separation between
incompatible uses this requirement denies several property owners the ability to build anything
on their property. The Planning Commission determined that this setback must be reduced.
Significant discussion revolved around how to provide effective separation from the commercial
use to the residential use without denying property owners the use of their property. It was
determined that dense landscaping could provide better protection than a setback. Such
landscaping requirements did not exist in the City's code however several other jurisdictions
have such provisions. Planning Commission directed staff to review other jurisdictions visual
screening requirements and to add appropriate screening requirements into the landscaping
section.
Staff reviewed other jurisdictions visual screening requirements and found that the City's code
relating to landscaping should be reorganized to simplify language and ensure consistent
requirements from zone to zone. The revised code includes modified setbacks between
commercial and residential uses, increased visual screening requirements, and general
organizational changes. Additionally a few minor housekeeping amendments have been
included, these changes correct typos, and inaccurate code references. The following table
summarizes the proposed amendments.
On February 19, 2008 the Planning Commission held a Public Hearing on the proposed
amendments and unanimously recommends these amendments to the City Council for
adoption.
Exhibit A
Subject Summary Amended code -1
Landscaping · Addition of visual screening types Entire
;- Type I: 10' in width, single row of trees; applies to Landscaping
standard commercial projects adjacent to R-10 Chapter
,. Type II: 20' in width, double row of trees; applies to BMC 20.50
large retail, heavy industrial, junk yards, motion
picture theaters, and sports complexes.
· Added a general landscaping section which organizes the
myriad of landscaping requirements throughout the zoning
code.
· Increased maintenance requirements
· Increased vegetation preservation requirements
· Modified language for readers ease
Organization · Moved landscaping requirements from each zone into the All commercial
and landscaping chapter zones
Required · Modified setbacks from R-10 so that all nonresidential
Setbacks zones are required to provide 10' - 20' visual screening
(This decreases some setbacks and increases others).
Parking · Removed an exemption from the parking standards which 20.48 Parking
allows parkinq within 5' of R-10.
House · Corrected inaccurate code references 20.42 Definitions
Keeping & 20.52 Siqns
· Added the Institutional zone to the sign chart 20.52 Signs
· Changed Limited Commercials maximum sign size to
match other zones
2. Procedural History
2.1 January 15, 2008 Planning Commission Workshop
2.2 January 25, 2008 CTED 60 day review period began
2.3 February 9, 2008 Notice of Public Hearing
2.4 February 19, 2008 Planning Commission Public Hearing
2.5 March 11,2008 Issuance of SEPA DNS
3. Public Comment
3.1 Individuals providing verbal testimony at Planning Commission public hearing:
a. John Taylor, Real Estate agent for the property on the corner of Adele Avenue and 9th
Street Tax Account # 3783-003-018-0001
4. SEPA Determination
A Determination of Non-Significance was issued on March 11,2008 with an appeal deadline of
April 4, 2008. No appeals were filed for this action.
5. Consistency
Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d).
The Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment to the Zoning Code text if the criteria outlined below are met.
20.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the
goals and policies of the Comprehensive Plan.
Exhibit A
· The amendments are minor and continue to uphold the objectives and goals of
Comprehensive Plan. These amendments do not change the intent or purpose of
the zoning code.
20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other
City, state and federal codes, regulations and ordinances.
. The amendments to the Zoning Code do not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, Planning Commission concludes that The Zoning Code
amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code
and therefore recommends the adoption of the amendments to the Zoning Code.
Respectfully submitted by:
Executive Secretary
Approved by:
Bill Mosiman, Chair
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: City Council
From: Nicole Ward, City Planner
Date: April 2, 2008
Subject: Minor Zoning Code Amendments
SUMMARY
Since the adoption of the Zoning Code in 2005 staff has become more familiar with the code and has
recognized areas in need of improvement. One of these areas includes the required setbacks for
commercial structures adjacent to Low Density Residential properties which can require up to a 60'
setback. This setback has made several properties undevelopable and must be reduced. To offset the
setback reduction additional screening requirements were developed. Minor house keeping
amendments are also included in this proposal.
Staff has also included amendments to the zones within the Downtown Sub-Area Plan to ensure the
zoning code is consistent with the Sub-Area Plan. Prior to the adoption of the Sub-Area Plan the zoning
code provided the development standards for this area, however the zoning code is now in conflict with
the newly adopted Sub-Area Plan. These corrections have been added after the Planning Commissions
recommendation. The changes are only to relieve any conflict between the two documents and do not
make any substantive changes to the code requirements.
OPTIONS
· Adopt the proposed ordinance as recommended by the Planning Commission including
the additional amendments to the zones within the Downtown Sub-Area Plan.
· Adopt the Planning Commission's recommended changes to the Zoning Code with
modifications.
· Deny the Planning Commission's recommend changes to the Zoning Code.
ATTACHMENTS
· Attachment I - Amendment Narrative Chart
· Attachment II - Planning Commission Meeting Minutes
Attachment I
Amendment Narrative Chart
Subject Summary Amended
code
Landscaping · Addition of visual screening types Entire
i' Type I: 10' in width, single row of trees; applies to Landscaping
standard commercial projects adjacent to R-1 0 Chapter
~ Type II: 20' in width, double row of trees; applies BMC 20.50
to large retail, heavy industrial, junk yards, motion
picture theaters, and sports complexes.
· Added a general landscaping section which organizes
the myriad of landscaping requirements throughout the
zoning code.
· Increased maintenance requirements
· Increased vegetation preservation requirements
· Modified lanquaqe for readers ease
Organization · Moved landscaping requirements from each zone into All commercial
and Required the landscaping chapter zones
Setbacks · Modified setbacks from R-10 so that all nonresidential
zones are required to provide 10' - 20' visual
screening (This decreases some setbacks and
increases others).
Parking · Removed an exemption from the parking standards 20.48 Parking
which allows parking within 5' of R-10.
Downtown Sub- · Modified the language in all downtown zones to be 20.74 BC,
Area Plan consistent with the Downtown Sub-Area Plan 20.75 DC,
Consistency 20.76 OW &
20.79 MR
House Keeping · Corrected inaccurate code references 20.42
I Definitions &
I 20.52 Siqns
· Added the Institutional zone to the sign chart 20.52 Signs
· Changed Limited Commercials maximum sign size to
match other zones
Attachment II
Planning Commission Meeting
Minutes for:
Workshop held on
January 15, 2008
&
Public Hearing held on
February 19, 2008
Minutes for
City of Brcmerton Planning Commission
Regular Meeting
January 15,2008
1. Call to Order
The meeting was called to order by Chairman Cockbut'D at 5:30 p.m.
II. Roll Call
Those present were: Commissioner Kennedy, Commissioner Kosusko, Commissioner Mosiman,
Commissioner Streissguth, Commissioner Wheeler and Chainnan Cockburn. Commissioner Hoell
was excused. Quorum celtified.
Also present: Andrea Spencer, Nicole Ward, and Pam Ransier (DCD staff).
III. Elections
Commissioner Kosusko nominated Bill Mosiman for the position of Chairman. Commissioner
Kennedy seconded the nomination. The vote was unanimous in favor of Commissioner Mosiman
being the Chairman of the Bremelton Planning Commission for 2008.
Commissioner Streissguth nominated Greg Wheeler for the pOSItiOn of Vice-Chainnan.
Commissioner Kennedy seconded the nomination. The vote was unanimous in favor of
Commissioner Wheeler being the Vice-Chairman of the Bremelton Planning Commission for 2008.
IV. Approval of Agenda
Chairman Mosiman introduced the agenda. It was agreed by general consensus to approve the
agenda as presented.
IV. Approval of Minutes
The minutes of the Regular Meeting held on November 20, 2007 were presented for approval by
Chairman Mosiman. A motion was made by Commissioner Streissguth and seconded by
Commissioner Wheeler to approve the Regular Meeting Minutes of November 20, 2007 as
presented. Called for a vote: Commissioner Cockburn: Yes; Commissioner Kennedy: Yes;
Commissioner Kosusko: Abstain; Commissioner Streissguth: Yes; Commissioner Wheeler: Yes;
Chairman Mosiman: Yes. The motion carried.
VI. Public Meeting
A. Call To The Public (public comments on any item not on tonight's agenda).
Planning Commission Meeting
January 15,2008
Page 1 of 4
Chail'man Mosiman askeel if (here were any commen(s from citizcns. Seeing none, he
closed this portillll of the meetjng.
B. 1. Workshop - Commercial Corridor Sctbad:s: Nicole Ward, City Planner,
explained that the purpose of this workshop was to get input from the commissioners
regarding upcoming zoning code amendments. She outlined how there are several setback
requiremcnts for commercial areas throughout the city, focusing mainly on "Commercial
Corridor" zoned areas along Kitsap Way that have 60' setbacks from residential zones which
render several properties undevelopable by current !',oning standards. She also discussed the
need to revisit the landscaping standards to ensure consistency between them and the setback
n::CJuircments. Using aerial photos of the sites most impacted by the setback requirements,
Nicole demonstrated how the development stanclards prohibited any kind of new construction
on several lots within the commcrcial zones. Picturcs of landscape screening or buffering
along with pictures of a 60' tract with no landscaping and offering no visual barrier
illustral'ed the need to revise the landscaping requirements when there arc commercial uses
adjacent to residcntial areas.
Nicole had surveyed other jurisdictions (Everett, Poulsbo, & Olympia) to compare their
landscaping requirements with Bremerton's. She suggested using landscaping instead of
setbacks to buffer incompatible commercial uses that are adjacent to residential areas. She
asked the commissioners how much the setback requirement should be reduced, if the current
screening requirements were adequate, and if the any changes made should apply to the
Wheaton Way Redevelopment Corridor as well.
Chairman Mosiman asked if there were any comments from citizens on this item.
John Taylor, John L Scott Ueal Estate Agent representing the Dobson Estc'lte [submits
Exhibit #1]: "I would like to commend the Department of Community Development,
specifically Nicole Ward, for recognizing and taking responsibility for resolving this setback
issue that I'm going to show you. For my client, this problem was created when the adjacent
land, which was zoned Duplex, was changed in 2005 to Residential. That's when the
problem was created. You may recall, you had a major zoning changes done, I believe it was
in December, 2005. The Dobson property tax account number is 018; the Dobson family has
been trying to get their parent's estate settled since February '04. As noted 011 my plat map,
the entire depth of the subject property is approximately 70 feet. If you look at the plat map
and you take your eye down to the 9lh Street rcd box at the bottom of the page, there's a box
that says 9th Street. If you go right up above that box you'll see the depth of is 69.63 feet.
We presently have a 60 foot setback which doesn't allow the property to be developed.
That's the problem that we're trying to get resolved. It wasn't a problem when the adjacent
property, where it has the house listed - those are duplexes, there's five units there on that
property. But, the Duplex zoning went away ancl we would support the first option of a 10
fool setback which is on your printout. Nicole has listed four differcnt options for you, and
it's the first one. On the coJoredmap, I drew in an arrow that shows you where the Dobson
property is - it's basically on the corner of 91h and Adele, right across the streel from the Y A
Doctors Clinic and adjacent to a nursery. The rcst of the properly on Adele is comlllercial.
That's, basically, we've just been waiting for this to get resolved, hopefully, so they can get
their estate settled. We certainly support the 10 foot [setbackl with the screening. Any
questions? Thank you very Illllch."
Chairman Mosiman asked if (here were any additional comments from the public. Seeing
none, he closed tbis portion of the meeting.
Planning Commission ]'v1ccling
J iI/wary 15, 2008
Page 2 of 4
Commissioner Cockburn recalled that the intent of (he rcslrlc(lv,~ standards jll the
Commercial Corridor was to push devl~loplllentto (he Centers and not the [Wheaton Way and
Kitsap Wayl Corridors.
Commissioner Kosusko agreed (hat having a larger setback did not always guarantee
adequate buffering. He suggestcd options based on lot size or depth. COl11missioner
Kosusko agreed that a 60 foot setback was too much and that the buffering fence requircmcnl
should be consistently six feet in height throughout the zoning colle.
Commissioner Strcissguth agreed with Commissioners Cockburn and Kosusko that the
Commercial Corridor was created to deal with commercial uses that arc not pedestrian
friendly such as drive through windows, etc, and to direct commercial growth toward the
Centers. She acknowledged how restrictive the 60 foot setback was and agreed it should be
corrected. Commissioner Streissguth liked the Type I and Type 1I Screening Requirements
used by Everett and how Olympia's landscape requirements for puffering or screening were
tied to the height and bulk of the commercial structure. She suggested looking at the
Downtown Sub-Area Plan for guidance.
Commissioner Cockburn noted that the large developments that are currently taking place
in Bremerton are not in Centers but along the commercial corridors. He acknowledged that
development along the commercial corridors is easier because of the traffic flow and the
existing condition of building sites, but expressed concern about how to move new
development to the Centers.
Commissioner Kosusko suggested using a range of setback requirements based on the lot
size so smaller lots within the commercial zone can be developed.
Commissioner Kennedy agreed that there should be visual buffering between commercial
and residential uses. She liked the idea of options that a developer could choose from to meet
the buffering requirements and setback requirements that are determined by lot size.
Chairman Mosiman stressed the importance of topography and other variables when
determining setback requirements and asked if setback/landscaping requirements could be
incorporated into a review process. Nicole suggested a variance process as a design review
process could become a lengthy and cumbersome process for the applicant.
Commissioner' Wheeler' also agreed that a 60 foot setback requirement is unreasonable and
liked the suggestion of taking topography and lot side into consideration before determining
setback and buffering, but would like to have a standard.
Andrea summarized the deliberation: Staff will revisit the landscaping requirements;
explore options based on lot size and/or building size, using the Downtown Sub-Area Plan as
a guide; and set standards for fencing requirements. A Public Hearing on these items will be
held at the next Regular Planning Commission Meeting in February.
Commissioner Kennedy asked if similar changes should occur in the Wheaton Way
Redevelopment Corridor. Commissioner KOSllSko agreed, adding the Freeway Corridor ami
suggesting that higher standards be sct for zones that have greatcr impact on residential areas.
Other commcnts included increasing the percentage of evergreen trees to deciduous, whal
side of the fence landscaping should be on, and landscape maintenance requirements,
Pl,l11ning Commission Meeting
January 15. 2008
]>,1I,',l; 1 of 4
Staff will run various setback scenarios 011 GIS and present the findings at th<:: ncxt mceting.
Chairman Mosiman closed the Public Ml~eting.
VI. Business lVteeting
A. Chairman's Report: NOlie.
B. Dil"ector's Rcport: Andrea Spcncer, Dircctor of' Community Developmcnt, reported that
City Council had adopted the Downtown Regional Center Plan, the Non-motorized
Transportation Plan, and the Parks Plan on Decemoer 19, 2007. Council also adorted
changes to the Multi-Family Tax Exemption, expanding the boundaries and including
apartment buildings.
The Manette Sub-Area Plan is underway with a budget of $50,000.00; DeD i'i looking for a
consultanl to work on this project with the City. [Commissioner Kosusko agreed to
participate in the consultant selection.]
DCD has received a $125,000.00 grant from the Washington Department of Community,
Trade, and Economic Development (CTED) to fund a cooperative program with Brcmerton
School District to locate a site for a new middle school.
In 2008, Staff will begin negotiations with Kitsap County regarding Growth Management
agreements as well as working toward more Urban Growth Areas assigned to the City of
Bremerton.
Andrea will be attending the Mayor's Directors Retreat at the end of January, focusing on
better communication with citizens.
c. Old Business: None
D. New Business: None.
VII. Adjournment
Meeting was adjourned at 6:40 p.m. The next Regular Meeting is scheduled for Fehruary 19, 2008.
~'-
Approved hy: __
~L~~'_
Bill Mosiman, Chairman
PI~lIll1illg Commission Meeting
January 15, 2008
Page 4 oj" 4
l\1illutes for
City of Bremerton Planning Commission
Regular Meeting
February 19, 2008
I. Call to Order
The meeting was called to order by Chairman Mosiman at 5:30 p.m.
II. Roll Call
Those present were: Commissioner Cockburn, Commissioner Hoell, Commissioner Kennedy,
Commissioner Kosusko, Commissioner Streissguth, Commissioner Wheeler, and Chairman MosIman.
Quorum certified.
Also present: Andrea Spencer, Nicole Ward, GeoffWentlandt, and Pam Ransier (DCD staff).
III. Approval of Agenda
Chairman Mosiman introduced the agenda. It was agreed by general consensus to approve the agenda
as presented.
IV. Approval of Minutes
The minutes of the Regular Meeting held on January 15, 2008 were presented for approval by Chairman
Mosiman. A motion was made by Commissioner Streissguth and seconded by Commissioner
Kosusko to approve the Regular Meeting Minutes of January 15, 2008, as presented. Called for a
vote: Commissioner Cockbum: Yes; Commissioner I-Ioe1l: Abstain; Commissioner Kennedy: Yes;
Commissioner Kosusko: Yes; Commissioner Streissguth: Yes; Commissioner Wheeler: Yes; Chairman
Mosiman: Yes. The motion carried.
VI. Public Meeting
A. Call To The Public (public comments on any item not on tonight's agenda).
Chairman Mosiman asked if there were any comments from citizens. Seeing none, he closed
this portion of the meeting.
B. Public Hcadnl!: Nicole Ward, City Planner, presented the proposed amendments to the zoning
code. She reviewed the current setback and landscape requirements for the Commercial Corridor
areas which were adjacent to residenl1al uses and explained how the requirements were too
restrictive in somc areas and did not provide the intended buffering m others. She proposed
reducing the setback from 60' to 10' - 20' and increasing the amount of vegetative scrccnmg and
fencing. Also, setbacks could be ll1creased depending on the height and bulk of the commercia)
structure. The landscape requirements would be consolidated into a single chapter in the zoning
code and the maintenance of the landscaping will be monitored by Code Enforcement.
Planning Commission Meeting
February 19,2008
Page I 0[4
Chairman Mosiman opened the Public Hearing and asked if there were any commcnls from
citizens.
John T Taylor, John L. Scott Rcal Estate, Poulsbo: "['m here representing a client named
Dobson. [would just like to go on record as expressing appreciation for Nicole Ward's work on
this setback issue and give it alii' full suppOli, as written. Thank you very much."
Chairman Mosiman asked if there were any further COmments {'rom citizens. Seeing none, he
closed this portion of the Public Hearing.
Commissioncr Kosusko asked for clarification on how the setback landscaping would be
monitored by Code Enforcement. Nicole explained that the Code Enforcement process is
typically complaint driven, meaning someone would have to complain about the landscaping or
lack of landscaping before Code Enforcement could respond, although Code Enforcement action
could be initiated by a City of Bremerton employee. She assured the commission that the Code
Enforcement officer would be flexible regarding types of landscaping installed versus what was
shown in the landscaping plan, such as a pine tree planted where a spruce tree was shown on the
plan.
Commissioner Streissguth asked if the City required a maintenance bond be posted for five
years to ensure compliance with the landscaping plan. Nicole explained that posting a
maintenance bond was not required at this time to keep the process less complicatcd.
Commissioner Wheeler asked if the City had ever required a maintenance bond on landscaping.
Nicole said it had not. Commissioner Wheeler asked about the reference to setting aside ]25% of
the cost of the landscaping. Nicole explained this requirement was made only when the
developer wanted to occupy the building before the landscaping was complete; for example, if
occupancy were to occur in January when most plants would not survive installation.
Commissioner Cockburn askcd why the code requires the use of the common name of plants on
the landscaping plan instead of the Latin name. Nicole suggested changing the language of the
code.
Commissioner Kosusko pointed out a typographical error on page 8 under "Plant Type and Size
(3)"; the word "inch" needs to be removed from the description.
Commissioner Streissguth asked for more information regarding maintenance bonds and how
the City tracks them. Andrea Spencer, Director of Community Development, said the City is
working on a better process for tracking bonds for Community Development as well as Public
Works. Once improved procedures are in place to track bonds the code could be updated. The
guarantee on page 5, section i(l-3) is monitored and triggered by the issllance of a Temporary
Certificate of Occupancy, and is only utilized for short periods of time sllch as months and not
years.
A motion was made by Commissioner Streissguth and seconded by Commissioncr Kennedy
to recommend adoption of the Zoning Code amendments that relate to setback and
landscape requirements in Title 20 for commercial properties adjacent, to low-density
residential zones for City Council adoption. Called for a vote: CommiSSIOner Cockburn: Yes;
Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Kosusko: Yes;
Commissioner Streissguth: Yes; COl1lmissioner Wheeler: Yes; Chairman Mosiman: Yes. The
motion carried.
Planning Commission Meeting
February] 9,2008
Page 2 of4
C. Workshop
1. Traffic Analysis. Geoff Wentlandt, Senior City Planner, gave a PowerPoint presentation
of the traffic analysis being conducted as part of the DO\vntown Regional Sub-area Plrm. This
analysis will be presented to City Council at the study session scheduled for March 12, 2008.
The analysis primanly focused on five key intersection during peak hours: Warren Avenue &
Burwell Street, Warren Avenue & 6'h Street, Washington Avenue & 6'h Street, Washington
Avenue & the Manette Bridge, and Warren Avenue & Illh Street. Current traffic models were
compared to future traffic models, with and without mitigation, and how it will impact the
existing street network. Each intersection was graded according to its ability to handle current
and future traffic congestion with "A" being 110 congestion ever and "F" or higher as failing; the
goal is to maintain intersections with C through E ratings to encourage people to seek alternate
transportation such as walking, biking, or taking the bus. Parking availability was not tlgured
into this analysis. Geoff explained that this was not a complete report and expects the consultant
to have a completed draft around the end of February or beginning of March, 2008. As this is an
engineering item, it will not return to the Planning Commission for approval.
2. Historic Transfer of Development Rights Program. Geoff Wentlandt presented the main
idea behind the Transfer of Development Rights (TDR) program: In exchange for a recorded
"promise" to preserve a residential structure of historical significance within the Highland
Overlay, the right to develop that property (the "sending" site) may be sold to a property in the
adjacent MR-I zone (the "receiving" site) to increase its height up to 80'. The City would be
involved only in the capacity of setting the rules and not in the monetary transfer between
property owners. It is hoped to include natural areas in a TDR program in the future; CTED is
reviewing that possibility, specifically looking to Bremerton and other jurisdictions for potential
program participation.
Chairman Mosiman closed the Public Meeting.
VI. Business Meeting
A. Chairman's Rellort: None.
B. Director's Rellort: Andrea Spencer, Director of Community Development, reported
that the position of Planner I has been offered and accepted by Lindsey Sehmel, a graduate of
UW Tacoma.
Potential consultants for the Manette Sub-area Plan have been reviewed and the top three will be
interviewed the first week of March.
The Mayor underwent back surgery and should be back to work by next week.
Staff will be advertising for a consultant to work with the City and the Brcmerton School District
to lot;ate a new middle school site; this is part of the $125.000.00 grant Community Development
receIved from CTED.
C. Old Business: None
D. New Business: Commissioner Streissgl1th asked about developing a work plan for the
Planning Commission. Suggestions can be forwarded via e-mail to Pam Ransier. Staff is
Plannmg Commission Meeting
February 19, 2008
Page 3 of 4
waiting for City Council to complete their list of work items before scheduling additional
training or workshops.
Commissioner Kosusko invited everyone to attend "Green Drinks" hosted by
Sustainable Brcmerton at the Side Bar in Manette to discuss green/sustainable topics such
as food co-ops or !,'rcen building. It is hoped that this will be a monthly event.
VII. Adjournment
Meeting was adjourned at 6:34 p.m. The next Regular Meeting is scheduled for March IS, 200S.
~c/~~
Bill Mosiman, Chairman
Planning Commission Meeting
February 19,2008
Page 40f4
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City of Bremerton, Washington
-PlanJlillg- Commission Meeting - 15 January 2008
C. 17( IG /J.J'A.l.L . ~o.cg'
I would like to commend the Department of Community
Development, specifically Nicole Ward, for recognizing and taking
responsibility for resolving this Setback Issue.
For my client this problem was created when the adjacent land,
which was zoned Duplex, was changed in 2005 to Residential.
The Dobson property is Tax Account #3783-003-018-0001. The
Dobson family has been trying to get their parents' estate settled
since February, 2004.
As noted on my plat map, the entire depth of the subject property is
approximately 70 feet.
We would support the first option of a 10 foot setback.
John Taylor
John L. Scott Real Estate
360-779-8510
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