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HomeMy WebLinkAbout02/18/2009 AGENDA iml FILE I . ! i~€OU\lB{j Ii !~i L:__ _ . __u ._~"_I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 983370 Phone (360) 473-5280 ***AMENDED*** FEBRUARY 18, 2009 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB09-028) B. Minutes of Meeting - February 4, 2009 (#AB09-029) C. Minutes of Work Session - February 7,2009 (#AB09-030) D. Minutes of Study Session - February 11, 2009 (#AB09-031) E. Confirm the appointment of A. Andrew Parks as Director of Financial Services; and approve to hire above Pay Step 1 at Step 7 of Band 22 (#AB09-032) F. 2009 Property Insurance Renewals (#AB09-033) G. Purchase of Excess Liability, Excess Workers Compensation, and Crime Insurance (#AB09-034 ) H. Resolution No. 3077, approving the "Cornerstone Place" Final Plat (#AB09-035) I. Approve Lease Agreement with PINNACLE TOWERS LLC for Pinnacle/Goldspar towers at Gold Mountain (#AB09-036) J. Approve Lease Agreement with PINNACLE TOWERS LLC for Pinnacle Motorola towers at Gold Mountain (#AB09-037) K. Approve Lease Agreement with STC FIVE LLC for Sprint/Nextel towers at Anderson Creek (#AB09-038) L. Approve the purchase of 8 Ford Crown Victoria Patrol Cars (#AB09-039) M. Approve the purchase of '1 Dodge Avenger Polico St3ff Vehicles (#AB09 040) Pulled down to General Business as Resolution No. 3079... N. Resolution No. 3078, approving a name change of Makayla Avenue to Sound Ridge Drive (#AB09-041) O. Approve State Participating Agreement for demolition of 650 Washington Avenue (#AB09-042) P. Approval of Remedial Action Grant Agreement with the Department of Ecology for the Former Chevron Property (#AB09-043) Continued on back... fI 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. 6. GENERAL BUSINESS A. Resolution No. 3079, approving and authorizing a Sole Source Contract for the purchase of four (4) Dodge Avenger Police Staff Vehicles (#AB09-040) 7. PUBLIC HEARINGS A. Ordinance No. 5077, amending the Comprehensive Plan and Zoning Code for the adoption of the Bay Vista (formerly Westpark) Sub Area Plan (#AB09-044) 8. EXECUTIVE SESSION A. 20-Minute Executive Session to discuss "Pending Litigation" per RC.W. 42.30.110(1 )(i) (#AB09-045) 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING fI 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. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD fd/ls ~ (h~/S Ctuh~ REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITTED: 2/1812009 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL AB09-028 5A ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: February 18,2009 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: z;:;:~/ ~-Y~/ CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 329800 through 330131 and EFT's 8502 through 8538 in the amount of $2,471,769.23. 2) Regular Payroll for the pay period ending January 31, 2009 in the amount of$761,629.86. COUNCIL ACTION: [8] Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: BILL # oq- 02q AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5B ........................................................................................ N/A 'fek'f1AO. }(1 Ie, 2-Qo<i City Council Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held F.t.IonA.a..r1( 4 t 2...-00 't SUBJECT: City Council Meeting Minutes for meeting of FebfU.a.ry 4- I 2.-ooq Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: ATTACHMENTS: Meeting Minutes for .ftbr-v...a..v-y 4-, "2.00<1 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: N/A ~J;7;:J CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 4, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 4, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. MAYOR'S REPORT . Thanked Council Member Cecil McConnell and Nick Wofford for serving on the interview panel which selected A. Andrew Parks as the new Financial Services Director; . Provided an update on the proposed Federal Stimulus Package and will be making sure that Bremerton will receive some of the funds for schools, playfields, and other needed projects; and . Will be attending meetings in a few weeks to discuss ferry funding issues. PUBLIC RECOGNITION & ANNOUNCEMENTS Nick Wofford announced that U.S. Census Bureau will be hiring for the 2010 Census. For more information on available field positions, please contact the U.S. Census Bureau at (866) 861-2010 or George Brainerd, Recruiting Coordinator at (360) 479-2104. Carol Arends announced that the Utility Billing Office will be moving on Monday, February 9 from their current location on Olympus Drive to the newly renovated Public Works Facility located at 100 Oyster Bay Drive. Roy Runyon announced that the next "Citizens Write Ferry Plan C" Meeting will be on Saturday, February 7 from 9:00 AM to Noon in the Norm Dicks Government Center. For more information, please contact Debbi Lester at debbilester@yahoo.com or Kari Ulatoski at kulatosk@fhcrc.orq; and added that while he and Adam Brockus are involved in this process, they will not be in attendance since they will be attending a Council Retreat at that time. Katrina Folkerson, YMCA, announced that the next Adult Fitness class will be held on February 12 at 3:30 PM; a Valentine's Ice Cream Social will also be on February 12 from 5:30 to 7:00 PM; a Teen Fitness class will be on Valentine's Day, February 14; Teen late night will be on Fridays from 8:30 to 11 :00 PM; and the Splash & Jam program will be on February 21 for all ages activities. CONSENT AGENDA A. Check Numbers 329531 through 329799; and EFT-8460 through EFT-8501 in the amount of $2,431,573.62; and Retiree Payroll in the amount of $85,705.12 for the pay period ending January 30,2009 (#AB09-014) B. Minutes of Meeting - January 21, 2009 (#AB09-015) C. Minutes of Study Session - January 28,2009 (#AB09-016) D. Reappointment of Holly James and John Ales to the Civil Service Commission (#AB09-017) E. Reappointment of John Ales to the Arts Commission (#AB09-018) F. Reappointment of Lois Hoell to the Planning Commission (#AB09-019) City Council Reg. Mtg. Minutes Wednesday, February 4,2009 Page 2 of 6 G. Approve purchase of two Dry-Pit Submersible Pumps for Pump Station WB-3 from WHITNEY EQUIPMENT COMPANY, INC. (#AB09-020) H. Approval of Voluntary Separation Request for Risk Manager (#AB09-021) I. Collective Bargaining Agreement between the City of Bremerton and Bremerton Police Management Association (#AB09-022) J. Ordinance No. 5074 amending Bremerton Municipal Code (BMC) Section 2.50.040 relating to Work Schedules and Leave Benefits for Managers and Professional Staff (#AB09-023) K. Ordinance No. 5075 amending Bremerton Municipal Code (BMC) Chapters 2.06, 2.09, 2.90, and 2.92 relating to the Office of Risk Management and Safety (#AB09-024) There were no questions or comments from the public... 5:43:30 M/S/C/U (Arends/Brockus) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - PURCHASE AGREEMENT WITH DAY WIRELESS SYSTEMS FOR PURCHASE OF ONE AUTO LICENSE PLATE READER (ALPR) WITH WASHINGTON AUTO THEFT AUTHORITY GRANT (#AB09- 025): Lieutenant Pete Fisher, Bremerton Police Department, summarized that the Bremerton Police Department applied to the Washington Auto Theft Authority and was awarded $30,000.00 for the purchase of one auto license plate reader (ALPR) for the Auto License Plate Recognition Program. No matching funds are required of the City; and the total grant amount is $30,000.00. The grant expires June 30, 2009. There were no comments from the public.. . 05:44:53 Main motion was made and discussion by Council Members continued... Adam Brockus asked what is done with non-hit data. Lt. Fisher stated that as proposed, the data would be stored for 60 days and the only data retained is a photo of the vehicle and license plate. Following acceptance of the grant, a policy was adopted by the Police Department regarding the data storage with a 60 day limit. Other entities such as Homeland Security can only obtain data if there is reasonable suspicion of a serious crime in order to access the data and a designated person is in place to address this issue. Will Maupin expressed concerns about storage of the data and giving up privacy rights; and expressed opposition to the 60 day storage clause in the policy. Roy Runyon shared concerns about data storage but appreciated those concerns being raised by fellow Council Members. Nick Wofford asked who sets retention guidelines in the Police Department; Lt. Fisher responded that the retention timeframe is ultimately approved by Police Chief, but WAPEG set the policy. Mr. Brockus did not agree with retention of non-hit data for anytime frame; and hopes that the Police Department will come back with a way to address this. Mike Shepherd emphasized that this program is designed to track or locate stolen vehicles, a problem prevalent in Bremerton. Carol Arends believed that this program will help to protect law abiding citizens; and agreed that there should be a limit on how much time this data should be stored. City Council Reg. Mtg. Minutes Wednesday, February 4,2009 Page 3 of 6 Chief ROQers emphasized that there is limited information (license plate and photo of vehicle) that would be stored; a proposed change from 60 days to 30 days in storage of non-hit data will be taken into consideration before implementation of this program, assuming we proceed with the purchase. Mr. Lubovich reiterated that the Council may place a condition on the purchase which would include a 30 day data retention limit for non-hit data. 06:05:58 Amending Motion was made and discussion among Council Members continued... Deidre McKeel asked if the non-hit data can be accessed while in storage. Lt. Fisher answered that officers can not check the database on a random basis, only for clear hit data. Chief ROQers assured Council that there program updates and discussion about any program issues could be'reported through the Public Safety Committee. President McConnell believed this program would serve as a tool to "catch bad guys". 06:16:58 A-M/S/C (Shepherd/Brockus) Move to authorize the Mayor to finalize and execute the Day Wireless Systems purchase agreement with substantially the same terms and conditions as presented on the condition that the Police Chief amend the model policy as adopted to utilize a 30 day retention period for non-hit data as opposed to a 60 day retention period. Council Members then discussed the main motion... Mr. Maupin again expressed concerns about the invasion of privacy of law abiding citizens. Mr. Shepherd hoped that this program would reduce some friction between residents and police. Mr. McConnell added that most businesses, shopping areas, and public agencies already take photos of vehicles. Mr. GehrinQ supported the program since it would result in less liability because the police would have more accurate information on license plates, and they would not be pulling over the wrong vehicles. 06:22:05 M/S/C (Arends/Wofford) Move to authorize the Mayor to finalize and execute the DAY WIRELESS SYSTEMS purchase agreement with substantially the same terms and conditions as presented as amended. Voted in favor of Main Motion: Runyon, Shepherd, Robinson, Arends, Maupin, Wofford, Gehring, and McConnell Voted opposed to Main Motion: Brockus Motion carried: 8-Yes; 1 -No PUBLIC HEARING 7 A - ORDINANCE NO. 5076 CREATING A NEW CHAPTER IN THE BREMERTON MUNICIPAL CODE ENTITLED "TRANSPORTATION BENEFIT DISTRICT" (TBD) AND CREATING THE BREMERTON TRANSPORTATION BENEFIT DISTRICT (#AB09-026): Public Works & Utilities Director Phil Williams summarized that RCW 36.73 provides for the establishment of transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the district. The proposed ordinance establishes a citywide transportation benefit district in order to provide for transportation improvements that improve modal connectivity and that specifically focus on protecting the City's long term investments in its infrastructure, reducing the risk of transportation facility failure, improving safety, continuing optimal performance of the infrastructure over time, and avoiding more expensive infrastructure replacements in the future. A POWER-POINT@ presentation was provided to provide further details about the proposal. City Council Reg. Mtg. Minutes Wednesday, February 4, 2009 Page 4 of 6 City Clerk Carol Etaen announced that approximately a dozen citizen e-mails and comments were received, provided to the Council Members for their review, and included as a part of the official record. President McConnell opened the public hearing. . . Chris Witt expressed concerns about much needed repairs for sidewalks, specifically for use by pedestrians, h~ndicapped access, and bicycle use; and asked if sidewalks would be included in the proposed district. Mr. McConnell emphasized that the only action before Council is to approve the formation of the transportation benefit district; and that discussion regarding proposed funding and projects would be held at a later public hearing; and believed that sidewalks would fall under the needed projects. Ms. McKeel objected to the formation of the district to address maintenance shortcomings in the city's budget; but agreed that the streets do need improvements. Art Castle, Home Builders Association, believed that the roads must be maintained and that the Legislature created opportunities for cities to successfully to do this by creating the district. Mark Kuhlman, Kitsap Lake Neighborhood Association, supported the formation of the district and hoped that this would allow improvements in our community. Mike Mosey, local auto dealer, offered his support. Gary Butterfield suggested that the city remove speed bumps and use that material to fill potholes; and that funding for streets should come from the general budget rather than another layer of fees. Ghvvrn Hobson, Street Division, emphasized that without proper funding, the Streets Department will lose skilled employees who are prepared to do the work needed to improve the streets. Bob Murphy supported the proposal since it would ultimately improve our infrastructure. President McConnell with no further comments, the public hearing was closed. 06:48:08 Main motion was made and discussion by Council Members continued... Mr. Shepherd asked if the administration explored whether this district could include Kitsap County. Mr. Williams answered yes, this possibility was considered, but that the aim of the transportation benefit district would be project oriented within Bremerton so we would not be extending to the county. Mr. Shepherd emphasized that for years funding for street improvements has not been treated as a priority and the city should properly fund the program, and not by adding fees. Mr. Williams clarified that some pavement preservation concerns are addressed by the State when highways are involved. Roy Runyon asked what impact the cold weather has had on our streets. Mr. Williams answered that large potholes have developed during the series of winter storms. In addition, 270 of 1700 street segments are rated 0 out of 100 according to the Overall Pavement Condition Index (OCI). Mr. Runyon asked if establishing a district will set a funding source. Mr. Williams responded no, that the Council would have to meet to discuss funding at a later time. Dianne Robinson asked how the proposed legislation by the State would impact this proposal. Mr. Williams responded that there may be clarification on how the fee would be collected and would somehow allow streets to be made part of the utility. Ms. Robinson also asked for clarification on how the fee would be collected. Mr. Williams answered that the Department of Licensing would retain up to 1 % of the fee. City Council Reg. Mtg. Minutes Wednesday, February 4, 2009 Page 5 of 6 Will Maupin emphasized that following passage of 1-695, the State eliminated the MVET funding source and the city has since struggled to locate funding to support the streets; and supported the proposal. Brad GehrinQ stated that once a street rates below 45, the rate of deterioration increases more rapidly; recognized that the streets have to funded and this is the first step in repairing streets which are far less costly than replacement; and believed that it should be clear to the public what projects that would be funded. Mr. Williams added that if the status of an individual street were looked at, then the level of deterioration does not behave in a linear fashion. What was included in the presentation was an overall representation of streets. Mr. Shepherd expressed concerns that more fees will discourage business and spending within Bremerton. Mr. Wofford added that there is no predictable revenue source for streets and the transportation benefit district would provide stable funding; clarified that when MVET was reduced to $30, then the City no longer received any funding; and explained that in order for the streets to be fully funded and supported, the city would need about $600,000. Ms. Robinson asked for clarification on the timeframe that the district could be established. Mr. Williams responded that 6 years would allow for some tangible results but not long term. Mr. Shepherd asked for clarification on the proposed board that would provide oversight to the transportation benefit district. Mr. Williams responded the Board would be responsible for reviewing projects including streets and sidewalks. Mrs. Arends commended the Public Works Department for their work; believed this is a good idea but bad timing since the Legislature is discussing the matter; and hoped that we could revisit this discussion later in the year when more information is available and we have a better sense of our budget status. Mr. McConnell agreed that this issue should be county wide so that everyone should pay for using our streets, just as we should pay for using other jurisdiction's streets. 07:29:27 M/S/C (Wofford/Brockus) Move to pass Ordinance No. 5076 creating a new chapter in the Bremerton Municipal Code entitled "Transportation Benefit District" and creating the Bremerton Transportation Benefit District. Voted in favor of the Motion: Maupin, Wofford, Gehring, Brockus, Runyon Voted opposed to the Motion: Shepherd, Robinson, Arends, McConnell Motion carried: 5- Yes; 4-No President McConnell recessed the meeting at 7:30 PM and reconvened at 7:38 PM. Brad GehrinQ announced that he would recuse himself from part of the Executive Session due to a conflict of interest. Council then held a 20-Minute Executive Session to discuss "Pending Litigation" and "Potential Litigation" per RCW 42.30.110 (1 )(i). The Executive Session was extended for 15 minutes. President McConnell then reconvened the Council Meeting at 8:09 PM. EXECUTIVE SESSION 8A - 35-MINUTE EXECUTIVE SESSION TO DISCUSS "PENDING LITIGATION" AND "POTENTIAL LITIGATION" PER R.C.W. 42.30.110(1)(1) (#AB09-027): 08:09:22 M/S/C (Maupin/Arends) Move to authorize the Mayor and City Attorney to file an appeal to the Central Puget Sound Growth Management Hearings Board of the City of Port Orchard's Comprehensive Plan and associated documents as amended by Port Orchard Ordinance No. 042-08 and to take all City Council Reg. Mtg. Minutes Wednesday, February 4, 2009 Page 6 of 6 action necessary to prosecute the appeal as it relates to the provision of utilities, land use designations, and related issues regarding the SKIA Urban Growth Area. Voted in favor of the Motion: Robinson, Arends, Maupin, Wofford, Gehring, Runyon, Shepherd, and McConnell Abstained: Brockus Motion carried: 8-Yes; 1-Absention COUNCIL MEMBER REPORTS Brad GehrinQ announced that there will be "A Hand Up" benefit concert for the Kitsap County Food Bank Coalition and to please contact (360) 377-3360 for more information. Adam Brockus mentioned the antique shop in Manette was now under new management and at a new location on the corner of East 11th & Scott Streets; and the grand opening will be in March. Roy Runyon reported on budget discussions from the Board of Health meeting he attended; hoped to see a marketing plan for the condos downtown; thanked code enforcement for responding to a complaint; and thanked citizens for providing their feedback on the transportation benefit district issue. Mike Shepherd participated in the homeless count last week and emphasized the importance of immunizations for children; and thanked the Health District for offering information and services during the count. Dianne Robinson reported on several events for Black History Month including an exhibit opening of "Faces in the Shipyard" on Monday, February 16 at the Navy Museum; and invited people to view exhibits on "The Sinclair Park Project" at the Kitsap County Historical Museum during 15t Friday Artwalk. Carol Arends attended Kitsap Regional Coordinating Council Executive Board meeting this week and commented that they are now looking at the board's plan for the year; attended the welcoming reception for Admiral Keating and was pleased that the Navy is part of Bremerton. Will Maupin also reported on KRCC where there was discussion on the Federal Stimulus Package. Nick Wofford congratulated the Habitat for Humanity for completion of their 50th home in Kitsap County; an informational meeting for the Women Build program will be tomorrow night at 6:30 PM at the Habitat for Humanity Office located at 811 Veneta; and thanked people and staff who participated in the Transportation Benefit District Open House held on Monday night. With no further business, President McConnell adjourned the Council Meeting at 8:21 PM. Prepared and Submitted by: ~- ~ ~."7 C RISTINE GRENIER .... Council Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: BILL # oq- 030 AGENDA BILL CITY OF BREMERTON CITY COUNCIL sc ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: F~71 l C2. f 200 9 Department: City Council Presenter: Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held F~ ru..ar'1 7, 200 'f SUBJECT: City Council Meeting Minutes for meeting of WOflc:- $"€.S'sCO n Felo rvta.ry 7/ 2PoCf ATTACHMENTS: Meeting Minutes for f"~r~Cty/ 74 200"1 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: N/A ~/;7~t/ CONSENT AGENDA D{ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL WORK SESSION MINUTES Saturday, February 7,2009 The Bremerton City Council Work Session was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Saturday, February 7, 2009, at 9:00 AM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support. Council Members reviewed their "2008-2009 Goals & Priorities/discussed their 2009 Goals. Subjects included, and are summarized as follows: 1. Take home vehicles - Proposed reductions 2. Internal Auditor - Providing timely responses to audit findings 3. Energy Policy - Request a completed Energy Audit completed by June 2009 4. Property Management - Obtaining a list of City properties 5. Small Businesses - Ways to help small businesses; and providing an incentive to keep business local 6. Need more attention to other areas of the City, not just downtown 7. Economic Development 8. Request periodic reports from Department Heads regarding progress on City Goals 9. Using Council Committees to review Agenda Bills; and improving the process Council Members also discussed "Council Rules of Conduct"; and other Council Business which included Council Office procedures. President McConnell adjourned the Work Session at 1 :00 PM. L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: BILL # 09- 03/ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51> ........................................................................................ N/A 'Fekfl.,VJ.Y1( L <c , 200 q City Council ' Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held Fe.h~ 'I) 2-009 SUBJECT: City Council Meeting Minutes for meeting of f~ry llt 2-ooq Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: ATTACHMENTS: Meeting Minutes for f.e)oYlA...a..VIf It,. 2.009 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~J;7~1 CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 11, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 11, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support. President McConnell announced that the Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION ITEMS 1. Confirm the appointment of A. Andrew "Andy" Parks as Director of Financial Services; and Approve to hire above Pay Step 1 at Step 7 of Band 22 - Mayor Bozeman Consent, 2. 2009 Property Insurance Renewals - Peggy Lesser, Risk Manager; and Finance Committee Consent 3. Purchase of Excess Liability, Excess Workers Compensation, and Crime Insurance- Peggy Lesser, Risk Manager; and Finance Committee Consent 4. Proposed resolution approving the Final Plat called Cornerstone Place - Nicole Ward, Planner; and Public Safety, Parks, & Planning Committee Consent 5. Approve proposed Lease 1 with Pinnacle Towers LLC at Gold Mountain - Paul Lucas, Public Works & Utilities; and Public Works Committee Consent 6. Approve proposed Lease 2 with Pinnacle Towers LLC at Gold Mountain - Paul Lucas, Public Works & Utilities; Public Works Committee Consent 7. Approve proposed Lease with Pinnacle Towers LLC at Anderson Creek - Paul Lucas, Public Works & Utilities; and Public Works Committee Consent 8. Approve the purchase (scheduled replacement) of 8 Ford Crown Victoria Patrol Cars - Jim Orton, Equipment Services Manager; and Public Works Committee Consent 9. Approve the purchase (scheduled replacement) of 4 Dodge Avenger Police Staff Vehicles - Jim Orton, Equipment Services Manager; and Public Works Committee Consent 10. Proposed resolution to change name of Makayla Avenue to Sound Ridge Drive - Michael Mecham, City Engineer; and Public Works Committee Consent 11: Approve State Participating Agreement for demolition of 650 Washington Avenue - Phil Williams, Public Works & Utilities Director; and Public Works Committee Consent B. FULL DISCUSSION ITEMS 1. Approval of Remedial Action Grant Agreement with the Department of Ecology for the Former Chevron Property - Phil Williams, Public Works and Utilities Director; Tom Knuckey, Engineering; and Public Works Committee Consent 2. Proposed public hearing and ordinance to amend the Comprehensive Plan and Zoning Code for the adoption of the Bay Vista (formerly Westpark) Sub Area Plan - Andrea Spencer, Community Development Director Public Hearing City Council Reg. Mtg. Minutes Wednesday, February 11, 2009 Page 2 of 2 C. GENERAL COUNCIL BUSINESS 1. Council Committee Chair Reports; and other General Council Business. President McConnell adjourned the Study Session at 7:00 PM. Prepared and Submitted by: M~) LORI SMITH '-" Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: 1/23/09 BILL # ()'f - 032 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5€ ........................................................................................ SUBJECT: Approval to hire a Director of Financial Services above Step 1 of the pay band and to confirm his appointment to the position. Committee Meeting Date: 2/11/09 COUNCIL MEETING Date: 2/18/09 Department: Executive Presenter: Cary Bozeman, Mayor Phone: 473-5266 SUMMARY: BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the appointment of a Department Director and approval for an initial salary rate which exceeds Rate 1~ Council confirmation and approval is requested to appoint A. ANDREW "ANDY" PARKS as Director of Financial Services at Pay Rate 7 of Band 22. Mr. Parks is a CPA and earned his undergraduate degree from the University of Oregon in Finance and Accounting. He has 24 years of work experience primarily in the public sector. This includes three (3) years as a Staff Accountant in the public & private sector, 13 years with the City of Bend, OR of which five (5) were as Director of Finance and his last three (3) as Assistant City Manager/Chief Financial Officer. During this same period he also served as Interim City Administrator for the City of Madras, OR for 6 months in 2001. In 2001 he co-founded a professional services firm, GEL Oregon, Inc. which provided financial and management consulting services and executive recruitment services to local governments. He has also been a presenter at various state and financial conferences. He has received GFOA's distinguished Budget Award for three (3) municipalities (Bend, Prineville and West Linn, OR) and the GFOA Certificate of Excellence in financial reporting (CAFR). A TT ACHMENTS: Resume and Letter of Engagement outlining the negotiated terms of his employment with the City FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded per approval of2009 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to confirm and approve the appointment of A. Andrew "Andy" Parks as Director of Financial Services at Pay Step 7 of Band 22, effective upon passage. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action Mayor Cary Bozeman SENT VIAEMAIL & US MAIL January 21, 2009 A. Andrew "Andy" Parks 1644 NW William Clark Street Bend, OR 97701 RE: Letter of Engagement Dear Andy: It is great pleasure to confirm your appointment to the position of Director of Financial Services pending formal approval by the City Council. Your position is exempt and included in the Management classifications under the Bremerton Municipal Code (BMC) Chapter 2.50 as follows: Position: Director Department: Financial Services Effective Date: February 17,2009 Rate of Pay: $ 5,277.66 semi-monthly (Step 7, Band 22); upon completion of six (6) months employment with the City and a favorable evaluation, upgrade to Step 8, Band 22 at $5,409.62 semi- monthly. Appointment/Removal: Mayor Supervisor: Mayor Benefits: Pursuant to BMC Chapter 2.50 (attached) Vacation: 20 days (pro-rated for 2009) Moving expenses: Not to exceed a maximum of$I,500.00 with receipt(s) required for reimbursement. You are an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days notice. You may be terminated for cause, without notice, and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code (copy attached). P ARKS- Letter of Engagement January 2009 Page I 01'2 Please sign below indicating your acceptance of our offer of employment as outlined above for the City of Bremertoll. ~ Cary E. Bozeman Mayor cc: Carol Conley, HR Manager ------------------------------------------------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: I, ANDY PARKS, hereby accept employment with the City of Bremerton as Director of Financial Services, effective February 17, 2009 under the tenns and conditions as set forth in this Letter of Engagement. SIGNATURE: DATE: A. Andrew "Andy" Parks P ARKS- Letter of Engagement January 2009 Page 2 01'2 Presentation of Qualifications -A. Andrew Parks, CPA 541.913.9779 aparks@geloregon.com December 2008 -. Summary of Qualifications Mr. Andy Parks is a proven leader, executive, manager and advisor with over twenty years of success in local government and professional services. Mr. Parks has a balance of private and public sector experience, talents and personal characteristics to realize success in leadership positions. In the private sector; he co-founded GEL Oregon, Inc., a consulting and executive recruiting firm serving local governments; recruited an investor and assisted the company through a merger while developing a sales pipeline of $6 million as VP Sales and Marketing for Avenir Systems, LLC; and earned his certified public accountant credential. Mr. Parks' public sector experience includes service as a city administrator, assistant city manager, chief financial officer and finance director. Mr. Parks' talents and characteristics support his varied experience and strong technical knowledge: · Honesty and integrity . Communication and listening skills · Commitment to ethical practices . Ability to align with community goals · A sense of corporate/social and values responsibility . Commitment to excellence · Ability to inspire and motivate . A long-term vision of success Experience GEL Oregon, Inc. 6/2002 - present Co-founded professional services firm that provides financial and management consulting services and executive recruiting services to local governments. . Municipal debt financing consulting . Prepare business plans 0 Urban Redevelopment . Performed annexation evaluations, 0 Golf Course strategy development and 0 Utility infrastructure implementation 0 Affordable housing . Evaluated leisure services (parks 0 All other municipal activities and library) organizational structure . System Development Charge ,. Implementation of enterprise methodology studies software solutions . Served in outsourced general . Serve as key business advisor to manager role elected officials, city managers and . Serve in outsourced CFO role department heads . Best practice budget development . Lead lobbying effort for affordable . Perform internal control housing development assessments . Recruitedmore than a dozen . Financial policy review and director/manager level positions implementation . Restructured several organizations . Assess and reorganize finance including their budget processes and departments documents Vice President, Sales and Marketing Avenir Systems, LLC 8/2001 - 6/2002 Mr. Parks had company-wide responsibility for software and hardware sales and marketing. He sold his minority ownership interest to an investor he recruited. · Set up sales and marketing division . Prepared and presented presentations · Established communications with all . Prepared and executed business plan customers . Responded to Requests for Proposals · Performed needs assessments . Customer advocate Interim City Administrator City of Madras, Oregon 1/2001 - 7/2001 Provided administrative leadership and services to rural municipality with population of 5,230. The City experienced turnover in six of seven elected positions in November 2000 and terminated the services of the previous administrator in January 2001. Key responsibilities included restoring the community's confidence in the City and it's elected and appointed officials. Significant accomplishments of interim engagement included: · Established confidence of Council . Negotiated agreement with State and community in city administrator Prisons for connection to City sewer position and city staff . Completed wastewater treatment · Established confidence of staff in plant city administrator and City Council . Updated lease and development · Implemented best practices budget requirements for airport format and process . Established strategy for City to · Updated transportation system plan become sole owner of airport · J Street modernization project . Assisted Council with recruitment · Transient room tax increase effort for permanent city · Developed annexation strategy administrator Assistant City Manager/Chief Financial Officer Finance Director Assistant Finance Director City of Bend, Oregon 10/1998 - 6/2001 7/1993 -10/1998 8/1988 - 6/1993 Bend is a full service municipality with a fiscal year 2001 budget of $107 million ($35 million capital improvements) and 354 employees. The city grew from 20,000 to 53,000 residents during the 1990's. Areas of responsibility included budget, accounting, investments and cash management, risk management, information technology, utility billing, accounts receivable, payroll, purchasing, accounts payable, airport, municipal court, and downtown parking. Additionally, Mr. Parks was the key executive team member responsible for economic development and urban renewal issues and strategy development for the city. Significant accomplishments include: · Implemented financial policies and accounting systems to increase accountability and organizational effectiveness. · Implemented use of performance measures. · Secured bond rating upgrade. · Realized 45 percent reduction in property tax rate. · Developed financial policy for $20 million public/private infrastructure funding partnership. · Issued over $40 million in bonds. · Developed financing plans for police and fire station construction projects without new taxes. · Increased interest earnings by writing investment policy and actively managing investments. · Earned Government Finance Officers Association (GFOA) Certificate of Excellence in Financial Reporting for each Comprehensive Annual Financial Report since 1993. · Earned GFOA Distinguished Budget Presentation Award for each budget since 1999. · Initiated and oversaw efforts to select and implement an enterprise wide software solution. · Initiated strategy to implement voice over IP for which the City received national recognition. · Prepared financial forecasts for labor negotiations and testified in arbitration hearings. · Oversaw selection of, managed and significantly participated with, 'consulting team to develop strategies for downtown redevelopment. · Assigned responsibilities to manage the Bend Airport July 1996. · Initiated, organized and performed successful expansion effort of Lancair IntI. Secured $908,000 in grants to fund $2.3 million of infrastructure improvements, negotiated terms of ground lease for $5.5 million facility, secured complex land use approvals. · With airport advisory committee updated development, operating standards and leases. · Recruited several businesses and /executed private ground leases, doubling executive hangar space and the number of businesses over a period of less than four years. · Updated airport layout-plan, including long-term financial forecasts. · Significant team participant that successfully prepared and implemented annexation plan. · Testified to State Senate Judiciary Committee and secured legislation to allow municipal courts to contract with District Court's for court services. · Managed downtown parking program including outsourcing enforcement. Staff Accountant, Nelson, Trimble & Co., CPA's, Bend, Oregon 1985 -1988 Prepared financial statements, performed auditing procedures, completed business and individual tax returns, and performed financial analysis and forecasts. Education Bachelor of Science, Business Administration, University of Oregon, 1984 Leadership Bend, Bend Chamber of Commerce, 1993 Continuing professional education in excess of 40 hours per year since 1986 Professional and Volunteer Activities Economic Development for Central Oregon - Board Member 1996 - 2004 Audit committee 2004, Treasurer 1998, Vice - President 1997 Western Region HTE Software Users Group (WestHUG) - Board Member 1996 - 2000 Executive Director 1997 and 1999 High Desert Chapter of the American Red Cross - Board Member 1993 - 1999 Board Chair 1998-1999 Speaker on Credibility at 2008 Oregon Municipal Finance Officers Association Fall conference Speaker on Succession Planning at 2008 OMFOA Spring conference Speaker on Embezzlement at 2006 OMFOA Fall and PRIMA 2007 Spring conferences Speaker on Sustainability at 2003 Spring conferences for League of Oregon Cities and OMFOA Speaker on Long-range Financial Planning at 1997 GFOA Annual Meeting. Speaker on GASB Statement #34 at 1999 OMFOA Northwest Finance Institute. Oregon Municipal Finance Officers Association, Accounting Standards Committee 1990-93 School Board member, Trinity Lutheran Church School 1992-1994 Youth umpire, baseball and basketball coach, Bend Metro Parks and Recreation District 1985-86, 1999,2000,2006-7 DATE SUBMITTED: January 5, 2009 BILL # OQ-033 5"F AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: 2009 Property Insurance Committee Meeting Date: February 11, 2009 COUNCIL MEETING Date: February 18, 2009 Department: Financial Services Presenter: Peggy Lesser ~~. Phone: 473-5302 . SUMMARY: The Bremerton Municipal Code authorizes the Risk Manager to bind property insurance on City assets and then requires City Council approval for continuation of the bound coverage. Property insurance coverage for 2009 has been bound with Affiliated FM Insurance at an annual cost of $208,462. The coverage is subject to a $100,000 deductible for most losses and a $50,000 deductible for boiler and machinery losses. Earthquake and flood coverage is provided only for the WWTP, the Harborside Conference Center, and the Harborside Sculptures and Fountains. A TT ACHMENTS: Insurance Binder FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted for this expenditure. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: I move to approve the continuation ofthe property insurance bound by Affiliated FM Insurance for 2009. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ~ Affiliated FM-- INSURANCE BINDER for City of Bremerton Policy No. TZ942 To: Janet Coombs From: Peter J Sundnes At: Willis Insurance Services of Seattle, Inc Fax No.: 206-386-7960 Date: 16 Dec 2008 Pages: 8 A. POLICY TERM: December 31, 2008 to December 31,2009 B. NAMED INSURED: City of Bremerton, and its wholly or majority owned subsidiaries and any interest which may now exist or hereinafter be created or acquired which are owned, controlled or operated by anyone or more of those named insureds. C. POLICY LIMIT: This company's liability will not exceed the respective Sub-Limits of Liability shown elsewhere for the coverages involved. However, in no event will the company's total Limit of Liability exceed $100,000,000 as a result of anyone occurrence, regardless of the number of perils, coverages or locations involved. D. INSURANCE PROVIDED: All risks of direct physical loss or damage, as defined and limited herein, on Real Property, Personal Property, Business Interruption, including the Extensions of Coverage applying at the following described locations: As per schedule on file dated 09/30/2008. E. SUB-LIMITS: Unless otherwise stated below, the following sub-limits ofliability will apply on a per occurrence basis for all coverages provided, and are part of, not in addition to, the above limit(s) ofliability. For Annual Aggregate sub-limits the policy year will begin at the inception date of this policy and be concurrent with the anniversary dates of this policy. 1. $55,000,000 Earth Movement (Annual Aggregate, for all coverages provided) 2. $55,000,000 Flood (Annual Aggregate, for all coverages provided) 3. $1,000,000 Extra Expense -- The Company will pay the greater of the sub-limit or 15% of the reported annual Business Interruption values. Business Interruption Vehicles and Contractors Equipment - as described in Items 4 & 5, Section H, Special Terms and Conditions Docks, Piers, and Wharves 1930 White Fire Engine - Model 61 VIN# 171186 4. $1,000,000 5. $1,000,000 6. $237,000 7. $25,000 Page 1 of 8 ~ Affiliated fM F. EXTENSIONS OF COVERAGE lEon SeB-LIMITS: The following sub-limits of liability will apply on a per occurrence basis for all coverages provided, unless otherwise stated below, and are part of, not in addition to the above limit(s) of liability. For Annual Aggregate sub-limits the policy year will begin at the inception date of this policy and be concurrent with the anniversary dates of this policy. All Risk EOC Sub-Limits: 1. $100,000 Fire Fighting Materials and Expenses 2. $100,000 Professional Fees 3. $250,000 Expediting Expenses 4. $100,000 Trees, Shrubs, Plants and Lawns not to exceed a limit of $1 ,000 per item 5. $250,000 Pavements and Roadways 6. $50,000 Land and Water Clean Up Expense (Annual Aggregate, for all coverages provided) 7. $250,000 Installation Floater 8. $5,000,000 Newly Acquired Property 9. $1,000,000 Unnamed Locations Coverage 10. $2,000,000 Fine Arts 11. $1,000,000 Accounts Receivable 12. $1,000,000 Valuable Papers and Records 13. $1,000,000 Electronic Data Processing, Data and Media 14. Demolition and Increased Cost of Construction Policy Limit Item A: Undamaged Portion $5,000,000 Item B: Demolition Included in 14b Item C: Compliance with the Law Included in 14b Item D: Business Interruption 15. $1,000,000 Errors and Omissions 16. $500,000 Transit 17. Terrorism Coverage and the Supplemental United States Certified Act of Terrorism Endorsement $100,000 A. United States Certified Act of Terrorism coverage Not Covered B. Terrorism Coverage for Locations Outside of the United States (Annual Aggregate, for all coverages provided) Fungus, Mold or Mildew Deferred Payment Off-Premises Service Interruption - Property Damage Arson or Theft Reward Money and Securities Locks and Keys Tenants Legal Liability and Expense Soft Costs 18. 19. 20. 21. 22. 23. 24. 25. $1,000,000 $100,000 $1,000,000 $100,000 $100,000 $100,000 $100,000 $100,000 Business Interruption - Extensions of Covera2e Sub-Limits: A. B. C. D. E. F. G. H. 365 30 $1,000,000 $250,000 $250,000 $250,000 $100,000 30 Days of Ordinary Payroll Days of Civil Authority Off-Premises Service Interruption Contingent Business Interruption Research and Development Expense Ingress/Egress Tax Treatment Days of Extended Period of Indemnity The above Extensions of Coverage sub-limits ofliability will be the maximum payable for property damage and business interruption (if applicable) resulting from such property damage, or any combination thereof. Page 2 of 8 --. ~ Affiliated FM With respect to items A. and H. the number of days is part of and not in excess to any other outstanding sub-limits of liability. Section D. Extensions of Coverage Item 9. Unnamed Locations and Section C. Additional Coverage Item 4. Property Removed from Described Locations are extended to Section D. Extension of Coverage Item 17. Terrorism with a sub- limit of liability of $100,000 (Annual Aggregate for all coverages provided) for Property Damage and Business Interruption (if provided) combined. Also a $100,000 Flood sub-limit of liability (if provided) (Annual Aggregate for all coverages provided) for Property Damage and Business Interruption (if provided) combined applies to Section D. Extension of Coverage Item 17. Terrorism. Both of these sub-limits of liability applying to the Extension of Coverage Item 17. Terrorism do not apply to the Supplemental United States Certified Acts of Terrorism Endorsement. These limits shall not include the Actual Cash Value portion of fire damage caused by Terrorism. G. DEDUCTIBLE AMOUNT: The following deductible amounts shall apply per occurrence for loss or damage under this policy in the respective loss categories indicated: I. Earth Movement (per occurrence for all coverages provided): For each occurrence, this company will not be liable for loss or damage to insured property unless the amount of loss or damage exceeds 3% of the combined value of property at the location where loss or damage occurs, in accordance with the valuation section of this policy and annual business interruption value as defined in the Business Interruption Endorsement attached to this policy at the time such loss or damage at the location where loss occurs, subject to a minimum deductible amount of $100,000 per location. If coverage is provided for more than one location, this deductible percentage or minimum deductible amount will be calculated for and applied separately to each location. 2. $100,000 Earth Movement Sprinkler Leakage - for loss or damage due to water or other substance discharged from any part of fire protection equipment caused by or resulting from Earth Movement (per occurrence for all coverages provided). 3. $100,000 Flood (per occurrence for each location for all coverages provided). 4. $50,000 Boiler and Machinery. 5. Off Premises Service Interruption Qualifying Period: In the event of loss or damage covered by this policy, no coverage is provided unless the service interruption exceeds 24 hours beginning from the time of loss or damage covered by this policy. If the service interruption exceeds 24 hours, the loss will be calculated from the time of loss or damage covered by this policy, subject to the policy deductible. Page 3 of 8 C Affiliated (M 6. Electronic Data Processing Equipment, Data and Media Deductible: In the event of loss or damage to Electronic Data Processing (EDP) Equipment, Data and Media insured by this policy caused by the malicious introduction of a machine code or instruction, no coverage is provided unless the period of interruption exceeds 48 hours beginning from the time of insured loss. The company's liability commences only after. and does not include, the Waiting Period specified. If the period of interruption exceeds 48 hours, the insured loss will be calculated based upon the amount of insured loss in excess of the Waiting Period and subject to a combined deductible for all coverages of$100,000 per location. Any period in which business operations or services would have not been maintained, or any period in which goods would have not been produced will not be included as part of or serve to reduce the effect of any Waiting Period. 7. $100,000 All Other Losses. H. SPECIAl, TERMS AND CONDITIONS: 1. Specific Earth Movement Exclusion Coverage provided by Section C., Additional Coverage, Item 1. Earth Movement: only applies to any property situated at the following location(s): Location Sewage Treatment Plant, 1600 Oyster Bay Avenue, Bremerton, W A, 98337 Harborside Conference Center, 100 Washington Avenue, Bremerton, W A, 98337 Harborside Sculptures/Fountains, 211 1st Street, Bremerton, W A, 98337 2. Specific Flood Exclusion Coverage provided by Section C., Additional Coverage, Item 2. Flood: only applies to any property situated at the following location(s): Location Sewage Treatment Plant, 1600 Oyster Bay Avenue, Bremerton, W A, 98337 Harborside Conference Center, 100 Washington Avenue, Bremerton, W A, 98337 Harborside Sculptures/Fountains, 211 1st Street, Bremerton, W A, 98337 3. Transmission and Distribution Svstems Exclusion Section E., Property Excluded, is amended to include: Transmission and distribution systems, including poles, towers and fixtures, overhead conductors and devices, underground or underwater conduit, underground or underwater conductors and devices, line transformers, service meters, street lighting and signal systems. Page 4 of 8 fC Affiliated rM 4. Motor Vehicle Coveral!:e at the Insured's Premises This policy is extended to cover: a. Motor vehicles; b. Trucks; and c. Trailers; Licensed for highway use. This policy does not cover loss or damage resulting from: I) Collision; or 2) Overturn; While such motor vehicles, trucks, and trailers are being operated under their own power; or being towed (whether or not in motion at the time of loss). Section E., Property Excluded, Item 7., is amended to: 7. Motor vehicles licensed for highway use or owned by officers and employees of the Insured except while at a described location. 5. Contractors' Eauipment This policy is extended to cover Contractors' Equipment consisting of the following: Description Manufacturer Serial Number Limit of liability As listed on the City ofBremerton Vehicle Inventory dated 10/14/2008. Actual Cash Value Valuation The following paragraph shown in the General Conditions section, G. Basis of Valuation; Adjustment of loss amount(s) under this policy will be determined based on the cost of repairing or replacing (whichever is the lesser), at the time ofloss, with materials or equipment oflike kind and quality without deduction for depreciation, except as provided in this valuation section. is amended to: Adjustment of loss amount (s) under this policy will be determined based on the actual cash value at the time of loss. The words "actual cash value" are substituted wherever the word(s) "replacement cost" are shown. Applying to Contractors' Equipment. 6. Docks. Piers. and Wharves Coveral!:e This policy is extended to cover docks, piers, and wharves. section E., Property Excluded, Item 3. is deleted. Page 5 of 8 ---. ~ Affiliated FM 7. Reservoir CoveralIe This policy is extended to cover reservoirs. Coverage provided by this extension does not include the water contained in such reservoirs. Item 2, Section E, Property Excluded, of Form No PRO AR 3100, is amended to read: 2. Bridges and tunnels used for vehicular traffic, canals, and dams. 8. Actual Cash Value Valuation The following paragraph shown in the General Conditions section, G. 14. Basis of Valuation, Adjustment ofloss amount(s) under this policy wil\ be determined based on the cost of repairing or replacing (whichever is the lesser), at the time ofloss, with materials or equipment oflike kind and quality without deduction for depreciation, except as provided in this valuation section. Is amended to: Adjustment ofloss amount(s) under this policy will be determined based on the actual cash value at the time of loss, except as provided in this valuation section. The words "actual cash value" shown elsewhere in this valuation section is substituted wherever the word(s) "replacement cost" are shown. This applies only to Item H-4 above, Motor Vehicle CoveralIe at the Insured's Premises. 9. Additional Named Insured The following is (are) named as Additional Named Insured(s) on property described below, as their interest may appear: Additional Named Insured Location/Interest Kitsap Transit 60 Washington Avenue Bremerton, WA 98337 Harborside Conference Center 100 Washington Avenue Bremerton, WA 98337 Page 6 of 8 ~ Affiliated FM" 10: Extended Terrorism Coveral!e Endorsement Section F. Perils Excluded, Group I. Item 2. f. is amended to: f. Terrorism, including action taken to prevent, defend against, respond to or retaliate against Terrorism or suspected Terrorism, except to the extent provided in Section D, Extensions of Coverage, 17. Terrorism. However, if direct loss or damage by fire results from any of these acts (unless committed by or on behalf of the insured), then this Policy covers only to the extent the Actual Cash Value of the resulting direct loss or damage by fire to property insured. This coverage exception for such resulting fire loss or damage does not apply to any coverage provided in any Business Interruption Endorsement, if any, which may be a part of this Policy, or any extension of such coverage, or to any other coverages provided by this Policy. Any act which satisfies the definition of Terrorism provided in Section H, Definitions, or in any Terrorism Endorsement to this policy, shall not be considered to be vandalism, malicious mischief, riot, civil commotion, or any other risk of physical loss or damage which may be covered elsewhere in this Policy. If any act which satisfies the definition of Terrorism provided in Section H, Definitions, or in any Terrorism Endorsement to this policy, also comes within the terms of the hostile or warlike action exclusion of this Policy in Section F, Group I, 2.a., the hostile or warlike action exclusion applies in place of this exclusion. If any act excluded herein involves nuclear reaction, nuclear radiation or radioactive contamination, this exclusion applies in place of the nuclear hazard exclusion of this Policy, Section F, Group 1,1. 11. Continl!ent Business Interruption Coveral!e Territory Coverage provided in Section 5., Extensions of Coverage, Item D. Contingent Business Interruption Coverage, is limited to property anywhere in the world except in the following countries, provinces or jurisdictions; Afghanistan, Algeria, Angola, Armenia, Azerbaijan, Botswana, Burundi, Chechnya, China (Kashmir area), Eritrea, Ethiopia, Cuba, Haiti, Iran, Iraq, India (Kashmir area), Lebanon, Liberia, Libya, Montenegro, Montserrat, Myanmar (Burma), Nigeria, North Korea, Pakistan, Rwanda, Serbia, Somalia, Sudan, Sri Lanka, Syria, Turkish provinces of Agri, Bingol, Bitlis, Diyarbakir, Elazig, Hakkari, Mardin, Mus, Siirt, Urfa, and Van, The Democratic Republic of the Congo (former Zaire) and Yemen. Or any other country where trade relations are unlawful as determined by the Government of the United States of America or its agencies. 12. United States Certified Act of Terrorism 2008 As respects the United States, its territories and possessions and the Commonwealth of Puerto Rico, the definition of Terrorism contained in Section H. DEFINITIONS is declared null and void and it is agreed that an event defined as a Certified Act of Terrorism under the terms of the SUPPLEMENTAL UNITED STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT attached to this policy shall be considered Terrorism within the terms of this policy. Notwithstanding anything contained in this policy to the contrary, this policy provides coverage for direct physical loss or damage to insured property and any resulting Business Interruption loss, as provided in the policy, caused by or resulting from a Certified Act of Terrorism only to the extent coverage is provided under the terms and conditions of the SUPPLEMENTAL UNITED STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT attached to this policy. Any difference in limit between loss recoverable under the SUPPLEMENTAL UNITED STATES CERTIFIED ACT OF TERRORISM ENDORSEMENT and this policy is not recoverable under this policy. Page 7 of 8 ---. ~ Affiliated FM 13. Notice of Cancellation The time required by the Company for mailing or delivering notice of cancellation of this policy to the First Named Insured as shown in Item 17., Cancellation, shown in Section G., General Conditions, is extended from 60 days to 90, except the notice for non-payment of premium remains at ten (10) days. I. INDEX OF FORMS: The following forms are made part of this policy: Title Declarations Supplemental United States Certified Acts of Terrorism Endorsement Form No. Edition S-1 PRO 3100 (1/06) PRO AR 3100 ( 1/07) PRO GE-EE 3200 (1/06) 3569 AR 3100 ( 1/07) 7312 (1/08) PRO DTR 2400 (11/00) All Risk Property Coverage Business Interruption Endorsement Gross Earnings/Rents/ Extra Expense Washington Amendatory PRO AR 3100 Endorsement Application of Policy to Date and Time Recognition Total Annual Premium excluding the United States Certified Act of Terrorism coverage: $201,662 at 0.0% commission Engineering Fees: $6,800 at no commission. Applicable state taxes, surcharges and fees are not included in this binder. Applicable state taxes, surcharges and fees will be added to the invoice. Any variations between this binder letter and Affiliated FM forms versus your application are not provided. This binder expires January 31, 2009. Thank you for your business, and please call if you have any questions. Best Regards, Pete Sundnes, P.E. Production Underwriter Affiliated FM Insurance Company (425) 637-2386 /Jet cr. sundnes((j;a lTil ia t edfjll. com Page 8 of 8 DATE SUBMITTED: January 15,2009 BILL # 09 - D31 ~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: 2009 Excess Liability, Excess Workers' Compensation, and Crime Insurance Committee Meeting Date: February 11,2009 COUNCIL MEETING Date: February 18, 2009 Department: Financial Services Presenter: Peggy Lesser /iP( Phone: 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Manager to bind insurance and then requires City Council approval for continuation of the bound coverage. Excess liability coverage has been bound with Illinois Union Insurance Company at an annual cost of$157,483.41. Excess workers' compensation insurance has been bound with Safety National Insurance Company for a deposit premium of$31,587.70. Crime insurance has been bound with Great American Insurance for $4,473 per year. ATTACHMENTS: Insurance Binders FISCAL IMPACTS (Include Budgeted Amount): $429,000 was budgeted for all 2009 insurance premiums and bond costs. Renewal of these coverages will result in a favorable budget variance of approximately $15,000 for the insurance premium line item. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: I move to approve the continuation ofthe excess liability, excess workers' compensation, and crime insurance bound for 2009 for the City of Bremerton. COUNCIL ACTION: D Approve D Deny D Table D Continue 0 No Action 455 Market Street Suite 520 San Francisco, CA 94105 415 547-4589 tel 415 547-4494 fax 415 722-8537 cell Mer1e.Shapiro@ace-ina.com loIWW.ace-ina.com Merle Shapiro Assistant Vice President Friday, January 16, 2009 Binder "This contract Is registered and delivered as a surplus line coverage under the Insurance Code of the State of Washington, enacted In 1947. It II not Issued by a company regulated by the Washlftl'Dn State Insurance Commluloner and II not Jlft*ld8d by any Washington State Guaranly Fund Law. WIWSOF~. c> g; BY _. (7. /, ~ Ms. Janet Coombs Willis of Seattle, Inc. 505 Union Station 505 Fifth Avenue South, Suite 200 Seattle,. WA 98104 1 (206) 386-7912 RE: Insured's Name: City of Bremerton, WA 345 6th Street, Suite 600, Bremerton, WA 98337 Effective Date: 02/01/2009 J?olicy Number: PEP G24640103 We are pleased to bind coverage. The following outlines the terms and conditions of the binder. 1. Type of Insurance: J?ublio Entity Retained Limits Policy Coverage A General Liability on an Occurrence Basis excess of a Retained Limit Coverage B Automobile Liability on an Occurrence Basis excess of a Retained Limit Coverage C Public Officials and Employment Practices Liability on an Occurrence Basis excess of a Retained Limit 2. Issuing Company: compan y) Illinois Union Insurance Company (A non admitted 3. Policy Term: February 1, 2009 - February 1, 2010 4. Limits of Insurance: Coverage A Each Occurrence Limit $5,000,000 A re ate Limit $10,000,000 Covera e B Each Accident Limit $5,000,000 Coverage C Each Claim Limit $5,000,000 A re ate Limit $5,000,000 5. Retained Limit: Coverage A General Liabilitv $250,000 \ Coverage B Automobile Liabilitv $250,000 Coverage C Public Officials $250,000 Liability $250,000 Employment Practices Liability 6. Treatment of Defense Costs (Allooated Loss Adjustment Expense) : Coverage Form Limits of Retained Limit Insurance Coveraae A Included within Included within Coverage B Included within Included within Coverage C Included within Included within 7. Policy Premium: $ 154,018 (TRIA Excluded - Rejection on file) 8. Commission: 0 % 9. Additional Policy Provisions: Policy Forms PE-19611b Public Entity Retained Limits Policy- Declarations PE-19610e Common Conditions, Definitions, and Exclusions PE-19609c General Liability Coverage Part PE-1960Ba Automobile l.iabili ty Coverage Part PE-21938 Public Officials & Employment Practices Liability Coverage Part - Occurrence LD-5S23g Signature Endorsement Endorsements IL P 0001 OFAC Policyholder Disclosure Page 2/5 TR-19604c Policyholder Disclosure Notice of Terrorism Ins Coverage ALL 21101 Trade or Economic Sanctions Endorsement XS-3U96f Service of Suit Endorsement XS-I093e Washington Surplus Lines Notification ALL-20887 ACE Producer Compensation Practices & Policies WA-LD 2S93 Washington Changes - Cancellation & Nonrenewal PE-Z0859 Boats PE-20740a Limited Sexual Abuse Coverage - $2,000,000 Sublimit - Claims-made 02/01/2006 Retro Date PE-22178 Dam, Reservoir, Levee Endorsement Replacement Endorsement - Attached CC-1E15 Amendatory Endorsement - Fellow Officer with respect to Law Enforcement Activities CC-1E15 Amendatory Endorsement - Amend Condition 21 - When Claim is Payable Amend Definition of Claims Expense Delete "Failure to Arrest" Exclusion (Exclusion 8b of Conunon Conditions, Definitions & Exclusions) CC-IE15 Amendatory Endorsement - Duties in the Event of Accident, Occurrence, Wrongful \ Act or Claim PE-214 63 Bond Exclusion New Mandatory Endorsement - Attached TRIA 15c POlicyholder Disclosure Notice of Rejected Terrorism Insurance Coverage PE-23667 Exclusion of Certified Acts of Terrorism Rejected 10. Claims Handling: Insured will self-administer claims with overall supervision by ACE. First notice of claims should be sent to: Casual tyRiskPublicEn t i tyFirs tNot ice@ace- in:?_:..~.l1! 11. Conditions: Page 3/5 12. Notes: · Certificates of insurance must be issued showing the appropriate Retained Limit. · Copies of all certificates of Insurance must be sent to Insurance Company · Quarterly loss summaries must be sent to the undersigned Public Entity Underwriter within 10 days of the end of each quarter . The quote does not include coverage for UM/DIM/PIP. · Broker is responsible for all Surplus Lines Filings, Taxes and Fees. · Please provide a copy of the Surplus Lines License for the producer who is handling the filings. · ACE Public Entity/Loss Control will work with the city on a mutually acceptable loss control initiative (up to $5,000) as agreed to by the City of Bremerton Risk Manager and ACE Public Entity. Premium is due within 30 days of inception date of policy. Check instructions: For OVernight Wire Instructions ACE USA ACE American Insurance Company Chicago Regional Lockbox Mellon Bank West, NA 5505 N. Cumberland Ave. , Suite 301 3 Mellon Bank Center Chicago, IL Acct. Jl093-8373 60656 ABA #043000261 Attn: Box 10678 Regular Mail EZ Pay Agents ACE American Insurance Company Mellon Bank Dept. CH. 10678 Account *: 2216885 Palatine, 1L 60055-0678 Company *: 2084 Wilmington Financial Center 1 Beaver Valley Road - Routing 1275, 3 East Wilminqton, DE 19850 Please note that, if the policy is bound, as part of the insurance pOlicy, the Insured will have access to the EPL HELPLINE. The EPL HELPLINE is an interactive loss control activity available to ACE USA Public Officials Liability policyholders as part of their policies,' as part of ACE USA Professional Risk loss control services. This activity is available to policy holders at no additional cost and there is no requirement that pOlicyhOlders use the program. All communications with the EPL HELPLINE are strictly confidential and will not be disclosed to the insurer. Please advise your client that ACE INA Excess and Surplus Insurance Services (AESIS) is offering this quote as representative of its affiliated surplus Page 4/5 lines insurance company, Illinois Union Insurance Company. AESIS is not acting on behalf of your client and does not seek placements in other surplus lines markets. In accordance with OFAC regulations, if it is determined that you or any other proposed named insured has violated U.S. sanctions law or is a Specially Designated National or Blocked Person, as identified by OFAC, we reserve the right to withdraw this quote at any time prior to binding. Regards, Dan Burke ACE INA Excess & Surplus Insurance Services, Inc. ACE Professional Risk 415-547-4449 Merle Shapiro, ARM ACE INA Excess & Surplus Insurance Services, Inc. ACE Public Entity 415-547-4589 455 Market Street, San Francisco, CA CA Agency License No. Suite 520 94105 0594384 Page 5/5 SAFETY NATIONAL CASUALTY CORPORATION EXCESS WORKERS COMPENSATION INSURANCE BINDER NAME INSURED EMPLOYER: ADDRESS: POLICY NUMBER: TYPE OF INSURANCE: LOCATION(S): POLICY LIABILITY PERIOD: CITY OF BREMERTON 345 6TH STREET, SUITE 600, BREMERTON, WA 98337 SP -2V85-WA Specific Excess Workers' Compensation and Employers' Liability Insurance WASHINGTON February 1, 2009 through February 1, 2010 This is to certify that the above named Insured Employer is covered by Specific Excess Workers' Compensation and Employers' Liability Insurance by the CORPORATION. Self-Insured Retention Per Occurrence for USL&H Self-Insured Retention Per Occurrence for Maritime Self-Insured Retention Per Occurrence for All Other Employers' Liability Maximum Limit of Indemnity Per Occurrence $ $ $ $ $ 750,000 750,000 350,000 STATUTORY Maximum Limit of Indemnity Per Occurrence 1,000,000 Premium Rate $0.054 Per Manhour Minimum Premium for the Liability Period $ $ 37,162 37,162 Deposit Premium for the Payroll Reporting Period This binder is effective February 1, 2009 to policy issuance and is subject to all the terms and conditions of, and shall be automatically terminated and superseded by, the Excess Workers' Compensation Agreement and Employers' Liability Insurance Agreement when issued. Issued at St. Louis, Missouri, on January 20, 2009. SAFETY NATIONAL CASUALTY CORPORATION ~ f(. 117~ By: Gene R. Maier, Senior Vice President of Workers' Compensation Underwriting 1832 Schuetz Road St. Louis MO 63146-3540 314-995-5300 fax 314-995-3843 XWC 1004001101 Endorsement Schedule RE: CITY OF BREMERTON Policy No: SP .2V85.WA Effective Date: 12:01 A.M. February 1, 2009 Number Title XWC 0042 001291 WASHINGTON AMENDATORY ENDORSEMENT XWC 0057 00 0492 WASHINGTON CANCELLATION ENDORSEMENT XWC 0067 00 0492 WASHINGTON SELF INSURER ENDORSEMENT XWC 0068 00 0492 WASHINGTON SERVICE AND ADMINISTRATION ENDORSEMENT XWC 0241020196 INCIDENTAL LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT XWC 0276 02 0408 BROAD FORM ALL STATES FOR EMPLOYEE TRAVEL XWC 0293 00 0906 FOREIGN VOLUNTARY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY XWC 0454 00 0697 MARITIME COVERAGE ENDORSEMENT (LIMITED TO A STATE BENEFIT) XWC 0535 00 0195 SELF-INSURED RETENTION PER OCCURRENCE - MARITIME OR JONES ACT XWC 0537 010105 SELF-INSURED RETENTION PER OCCURRENCE - U.S. LONGSHOREMEN'S AND HARBOR WORKER'S COMPENSATION ACT XWC 106110 1207 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ----- 2 ~ GREKIflMERICAjV~ INSURANCE GROUP Fidelity & Crime Division January 16, 2009 Ms. Janet Coombs Willis of Seattle, Inc. 505 Fifth Ave. S, Suite 200 Seattle, WA 98104 Re: City of Bremerton Crime Coverage - Binder Policy No: GVT 124-39-25 Dear Janet, Thank you for the order to bind! Please consider coverage bound per my quote letter dated 12/17/08 and forward the most recent audited financials within the next 30 days. A summary follows: Named Insured: Effective: City of Bremerton 2/1/09 - 2/1/10 Coveraqe Form o - Public Employee Dishonesty w/Faithful Performance Limit Deductible $1,000,000 $25,000 I Annual Premium: $4,473 (net of commission) This policy will be written with all endorsements as expiring. Thank you again for the order. Your policy and invoice will follow shortly. In the meantime, please feel free to contact me if have any questions or concerns. Sincerely, rr~ Ii. ~ Tyrone R. Bell Account Executive (860) 285-0112 Direct (513) 629-5000 eFax trbell@qaic.com www.(.rimclnsurancc.com One Waterside Crossing, Windsor, CT 06095 r' DATE SUBMITTED: February 18, 2009 BILL # oq - 035 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SN ........................................................................................ SUBJECT: Resolution approving the Cornerstone Place Final Plat. No.3077 Committee Meeting Date: February 11,2009 COUNCIL MEETING Date: February 18, 2009 Department: DCD Presenter: Nicole Ward Phone: 473-5279 SUMMARY: The action before City Council is to approve the Cornerstone Place Final Plat. Preliminary Plat approval was granted by the Administrative Hearings Examiner in March of 2004 for the subdivision of 1.39 acres into 11 separate building lots, associated open space tracts, and associated Right of Way. The applicant has met all of the conditions of the Preliminary Plat approval and therefore the City Engineer and Community Development Director recommend Final Plat approval. ATTACHMENTS: (1) Proposed Resolution granting Final Plat approval (2) Staff Memorandum and Map FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~ CONSENT AGENDA r& GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to pass Resolution No.lQ27approving the Final Plat called Cornerstone Place and authorizing the City Council President to sign the mylar. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action RESOLUTION NO. 30(1 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the Cornerstone Place Final Plat (File No. BP08-00llS). WHEREAS, On March 11,2004 the Administrative Hearings Examiner granted Preliminary Plat approval atter holding an open record public hearing to divide 1.39 acres into 11 lots with associated tracts, and right of way, and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met and Final Plat approval is requested; WHEREAS, the City Engineer and DCD Director recommend approval of the Cornerstone Place Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Cornerstone Place Final Plat is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2009. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attomey CAROL ETGEN, City Clerk R:\Lcg:.d\Lcg~I\RcsolutlOns\Col11l11unity Devclopl11ent\7 Fin~1 Plat Resolution.doc DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council Nicole Ward, City Planner February 11, 2009 From: Date: Subject: Final Plat Approval of Cornerstone Place SUMMARY: The action before Council is the Final Plat Approval of Cornerstone Place an 11 lot subdivision located off of Sylvan Way as seen in attachment I. City Council approval will allow the creation of lots, which will enable Habitat for Humanity to apply for building permits to begin constructing homes on the lots. BACKGROUND INFORMATION: The Preliminary Plat approved was granted by the Administrative Hearings Examiner in March of 2004. This approval stipulated that final approval would be granted only when specific conditions were met. The final application before you tonight has been reviewed for compliance with the said stipulations by both the Department of Community Development, and the Engineering Department. Both departments agree that all conditions have been met and therefore finds this project ready for recording. PROCESS: Final Plat Approval is a quasi-judicial process used primarily to ensure the project has met the conditions established by the Preliminary Plat Approval prior to allowing the development to move forward into the building permit stage. It is important to note that as a quasi-judicial action it is necessary to ensure that the "Appearance of Fairness Doctrine" is met. Council members should refrain from having personal interactions with the project developer. ATTACHMENTS: Attachment I: Schematic Plat Map with Vicinity Maps Attachment I Cornerstone Place Rendering of Plat Vicinity Maps .- ,.'---' I r I <n~ .. I '" I r I SYLVAN WAY CJl Right of Way i ~ Slormwater Tract . Building Lots ~ z ~ w ;l!; -i- ;L1 ~: <c :<:)J. l.J ~~i{;l- . \'i~~~ I " ~ 5 1.M.:.l$F 4 3 .o~t fF Jfi;Ot t.f '*' ". '-.., L ~ ,!II ~ ~r ~~ I !l ; 1 ...ttlOSF >I' 2 t~V~ '" DATE SUBMITTED: February 5, 2009 BILL # ()Q-03b AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51. ........................................................................................ ~la w\ou-~v\ ,,1. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: February 11,2009 February 18, 2009 Pub Wks & Utiliti~ Paul Lucas ~ _u-. 473-2328 SUBJECT: Communications Tower Lease SUMMARY: The current lease on the Pinnacle-owned towers at Gold Mountain with Pinnacle/Goldspar expired in November of 2008 and has been running month-to-month as allowed by the lease. The current manager ofthe site, Crown Castle for Pinnacle Towers LLC, has submitted a new lease for a five year period with options for five additional five year periods. Annual CPI is included in the lease. The lease up for approval will pay the City $1703.46 per month with 60% of all revenues from any co-locates. Current payment is $1271.85 per month. ATTACHMENTS: Proposed Lease FISCAL IMPACTS (Include Budgeted Amount): Increase in annual revenues of$5179.32. APPROVALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ."", COMMITTEE CHAIR COUNCIL PRESIDENT: ~~4 CONSENT AGENDA H GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: That the City Council approve the proposed lease with Pinnacle Towers LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004, by Global Signal Services LLC, its Manager, (hereinafter referred to as "Lessee"). WIT N E SSE T H: 1. PREMISES. The City leases to the Lessee real property for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). Lessee has acquired an interest in improvements to the premises consisting of Tower #1, #3 and #4, and Buildings "A", "B" and "c" as shown on Schedule "A". Lessee agrees that the Lessor shall have exclusive use of Building "C", and further agrees that Lessor shall also be entitled to use space on Tower #3 for the operation of Lessor's equipment, in accordance with the following requirements: A. Cable tray space to equipment for routing of antenna cabling to antenna support structure, and provision for securing routing of antenna cabling to and onto antenna support structure. B. Mounting space on Tower #3 for one four foot (4') microwave dish and two six foot (6') microwave dishes and associated cables. 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; LEASE AGREEMENT - 1 Site: Bremerton (Gold Mtn) BUN: 870640 "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times adequate to service the Premises and the telecommunication facilities at all times during this Lease. The City will issue a key to Lessee and each of its sublessees and occupants to provide access to the Premises twenty four hours a day seven days a week; provided that Lessee agrees to provide the City with LEASE AGREEMENT - 2 Site: Bremerton (Gold Mtn) BUN: 870640 a schedule outlining the frequency of Lessee's required visits (e.g. quarterly maintenance check, monthly site cleanup, etc.). Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41(G), which notice shall be followed by written notification pursuant to Section 41(G). Lessee shall be responsible for conducting appropriate background checks of all of their employees. Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform identification badge or marked company vehicle. 4. NON-EXCLUSIVE LEASE. As to Tower #2 only, this Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. Lessee shall have the exclusive right to use and occupy the telecommunications facilities within the premises as outlined in schedule A for the purposes outlined herein. 5. TERM OF LEASE. This Lease shall be valid for a term of five year(s) commencing February _, 2009 and terminating February _, 2014. Lessee shall have the option of renewing this lease for additional five (5) year periods up to a total of twenty-five years. Notice of renewal must be received by the City within six (6) months of expiration of each five year term. 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the leased facilities, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, then Lessee will be required to power down the interfering equipment until such interference can be resolved. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference LEASE AGREEMENT - 3 Site: Bremerton (Gold Mtn) BUN: 870640 problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon City property except those City antenna sites placed upon Lessee's facilities pursuant to Section 10.B. 8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunications facility, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. Starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay the greater of a sum equal to fifteen percent (15%) of Lessee's gross monthly revenue from all installations on Lessee's Towers # 1 ,#3 and #4 and leased premises or a monthly base rental charge of One Thousand Seven Hundred Three Dollars and Forty-Six Cents ($1,703.46), prorated for any partial months. LEASE AGREEMENT - 4 Site: Bremerton (Gold Mtn) BUN: 870640 Substantial expansion of the initial configuration contained in Schedule A will result in review and possible re-negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such transmission shall not result in any impairment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Rent Adjustment. On the fourth annual anniversary date of the Commencement Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the LEASE AGREEMENT - 5 Site: Bremerton (Gold Mtn) BUN: 870640 City's notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. D. Lessee has the right to sublet space on the City owned tower (Tower #2) and shall pay the City 60% of any and all sublessee rent for co-location on City's tower in lieu of the compensation outlined in subsection A above. City shall have the right to direct removal of any communication facilities on City's tower should they interfere with the provision of City and/or CenCom services. Lessee shall be given thirty (30) days notice to remove facilities. Furthermore, any additions to the City owned tower must be pre-approved by City. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. 12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease (which includes any renewal periods), file an application with the City for renewal of its Lease which shall include the following: A. Any information required by the City ofBremerton; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; D. A non-refundable application fee in the amount of Five Hundred and NolI 00 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. LEASE AGREEMENT - 6 Site: Bremerton (Gold Mtn) BUN: 870640 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City LEASE AGREEMENT - 7 Site: Bremerton (Gold Mtn) BUN: 870640 Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonable necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities LEASE AGREEMENT - 8 Site: Bremerton (Gold Mtn) BUN: 870640 Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by 1he City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, .or when Lessee, or any person acting on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. LEASE AGREEMENT - 9 Site: Bremerton (Gold Mtn) BUN: 870640 C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns and/or controls the tower facility located on City property; D. For Tower #2 only, the City and Lessee shall agree upon additional rental fee for sub-lessee hook-ups pursuant to Section 1O.D. The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub-leases. LEASE AGREEMENT - 10 Site: Bremerton (Gold Mtn) BUN: 870640 28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from anyone accident; and (3) $2,000,000.00 for all other types ofliability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said LEASE AGREEMENT - 11 Site: Bremerton (Gold Mtn) BUN: 870640 Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30.A. above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. LEASE AGREEMENT - 12 Site: Bremerton (Gold Mtn) BUN: 870640 A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of 'as-built' drawings after completion ofthe work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: LEASE AGREEMENT - 13 Site: Bremerton (Gold Mtn) BUN: 870640 (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and (4) An application fee. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. LEASE AGREEMENT - 14 Site: Bremerton (Gold Mtn) BUN: 870640 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. City property; Abandonment of telecommunications facilities in the public ways or upon H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period oftime not exceeding 30 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then LEASE AGREEMENT - 15 Site: Bremerton (Gold Mtn) BUN: 870640 the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. LEASE AGREEMENT - 16 Site: Bremerton (Gold Mtn) BUN: 870640 C. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LESSOR: City of Bremerton Attn: Public Works & Utilities Administrative Manager 100 Oyster Bay Avenue N. Bremerton, WA 98312 LESSEE Pinnacle Towers LLC c/o Crown Castle USA Inc. Attn: Real Estate Department E. Blake Hawk, General Counsel 2000 Corporate Drive Canonsburg, P A 15317-8564 The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered to the other party in writing by certified or registered mail, return receipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection . Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 _ October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. LEASE AGREEMENT - 17 Site: Bremerton (Gold Mtn) BUN: 870640 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. LESSEE Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004 By : Global Signal Services LLC, its Manager Date: By: Its: CITY OF BREMERTON Date: CARY BOZEMAN, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney II II LEASE AGREEMENT - 18 Site: Bremerton (Gold Mtn) BUN: 870640 State of County of ) ) ) ss. On this day of , 20 , personally appeared to me known to be the of the , a corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Residing at My commission expires: State of Washington ) ) ) ss. County of Kitsap On this day of , 20_, personally appeared Cary Bozeman to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILING: CAROL ETGEN, City Clerk LEASE AGREEMENT - 19 Site: Bremerton (Gold Mtn) BUN: 870640 SCHEDULE A (Site Plan of Premises) LEASE AGREEMENT - 20 Site: Bremerton (Gold Mtn) BUN: 870640 NB818'09.W .,r-- --~_, I , \ J 1 DO.OO' I >c ....... TOI'IfR f. 4 , I ~ I. . "" ~ :;; ''D I ~ I, :'!: L. ~ ,,---~ :- I I ~ I ! i J I ': ^ l~ i ~~:~---V N 2 . !__ __ E.' 1158860.658 r-- I NBB1S'og-W EL,E. V. ==.1702.'23_. 181710: % TOItER TOP ELEV -:. i oi 47'7"5754 : Ol LA T. = ..JL: -" : 0::: 0 LONG:' == 122'4700.6.), ! ~ ~ ~/. ~q .- ;;1; : t5 ~ ...,./0> i ~co ~ .,; : VlZ ~ ; <::5.....: I ! c.:, q: ~'-i cOUND 1O"x 10" CONC.~ I i ,fONUM[NT WI/RON PIN I i 5/28198 ~: "E COR. NWI4. NE 14 .. . R 1 W "tlJ_ ~~27~2~._ _ ~ I I - rA.:- ~1 ~,.~ >c I / '< , I '< I I '< I >c / .... I .... / /fj !~ '<'<. /# ,<'" /~ ".~ /G '< I I " + I "+ j .;.. - \9~\ ->.1.~ 'I f>? ~y 1 DC 00' -- N88'18'09"W ~...., h F C~\...,:\ e-~ A. 'Vt__ _ I I ~/ -- 'J 100.00' - / lLJ I~ ......1:"" '" - . c 0-, z '" I 1 I sl lJ02.68'~ALC I ,', TO~.P..J I N: 206532.015" [7158909.59..; I "ELF.V. =. 1702.42, 54 - = :775. . TOWER TOP [LEV. " lU'tAT == 4-7"32'58.10 . ;!. LONG: = 122'4-6'59.94 I ~ I~ TO'M:R . 2 . N. 206508.690 E. 1158877.517 ~ ELE" - 1701.8, . ~ . v,-.. '" _ 1802.6/ TOWER TOP E~ v. -: LAT. == 47'3257;86 " LONG. = 12n I 00.40 I 1 I .., ") ~ ~ -:; :.; ~. .? --- ~~-- - j~ ~ CALC. POSlnON? I :2:t PER R.G.S. UND~:') M.N. 85080601... I SCHEDULE A-I (Legal Description of Premises) PARENT PARCEL LEGAL DESCRlPTION: EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M. PREMISES: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 4037' WEST (R) S 01004'21" W (M) 439.82 FEET (R&M); THENCE SOUTH 86031 '12" EAST (R) S 89053'02" E (M) 88.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86031 '12" EAST (R) S 89053'02" E (M) 200 FEET; THENCE SOUTH 4037' WEST (R) S 01004'21" W (M) 200 FEET; THENCE NORTH 86031 '12" WEST (R) N 89053'02" W (M) 200 FEET; TIlENCE NORTH 4037' EAST (R) N 01004'21" E (M) 200 FEET TO THE TRUE POINT OF BEGINNING. ROAD EASEMENT CENTERLINE: COMMENCING AT THE BRASS CAP MARKED "USCGS GOLD HILL"; THENCE N 75035'56" E A DISTANCE OF 763.03 FT. TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 27, TWO. 24 NORTH, RGE. 1 WEST, W.M.; THENCE S 00003'44" E A DISTANCE OF 271.08 FT. TO THE INTERSECTION OF THE CITY OF BREMERTON WATERSHED ACCESS ROAD WITH THE ANTENNA ACCESS ROAD, BEING THE TRUE POINT OF BEGINNING; THENCE SOl 015'37" E A DISTANCE OF 32.96 FEET; THENCE S 02051 '59" W A DISTANCE OF 134.86 FEET; THENCE S 01047'13" E A DISTANCE OF 82.96 FT.; THENCE S 18033'06" E A DISTANCE OF 34.94 FEET; THENCE S 63027'36" E A DISTANCE OF 26.56 FEET; THENCE N 86034'36" E A DISTANCE OF 46.58 FEET TO A POINT ON THE WEST BOUNDARY OF A PARCEL LEASED TO MOTOROLA CORP., BEING THE TERMINUS OF THIS EASEMENT CENTERLINE DESCRlPTION. LEASE AGREEMENT - 20 Site: Bremerton (Gold Mtn) Duncanson Company, Inc. 145 SW 155th Street, Suite 102 Seattle, Washington 98166 Telephone: (206) 244-4141 Fax: (206) 244-4455 E-mail: survey@duncansonco.com Legal Description prepared by this office for Crown Castle USA and Stewart Title Lease Area 87064~ 870641, 870642, and870643 Bremerton Gold Mountain A Lease Area description of a tract of land located within the County of Kitsap, State of Washington, being out of a property owned by the City of Bremerton - Tax Lot Number 222401-4-005-1000 and 222401-4-004-1001, more particularly described as follows: The Southeast Quarter of the Southeast Quarter of Section 22, Township 24 North, Range 1 West, WM, Situate in Kitsap County, State of Washington. Said Lease Area description commences at the southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 22; Thence along the west line thereof, North 01045'12" East 59.54 feet to the True Point of Beginning; Thence continuing along said west line, North 01045'12" East 106.18 feet; Thence South 88018'10" East 100.00 feet; Thence South 01045'12" West 106.18 feet; Thence North 88018'07" West 38.57 feet; Thence South 29059'55" West 38.03 feet; Thence North 56029'22" West 41.25 feet; Thence North 29012'07" East 13.23 feet; Thence North 88018'07" West 14.45 feet to the true Point of Beginning; Containing 11,677 square feet, more or less. DA TE SUBMITTED: February 5, 2009 BILL # 61-037 AGENDA BILL CITY OF BREMERTON CITY COUNCIL s:r ........................................................................................ SUBJECT: Communications Tower Lease aro lel Movr\~l\'" ')., Committee Meeting Date: February 11, 2009 COUNCIL MEETING Date: February 18,2009 Department: Pub Wks & Utilities Presenter: Paul Lucas 67?~1C__ Phone: 473-2328 SUMMARY: The current lease on the City's Gold Mountain site with Pinnacle Motorola expires in Aprilof2012. The site manager, Crown Castle would like to renew the lease now. Reason for this is to align all of their leases with the City to commence and expire at the same time. The current manager of the site, Crown Castle for Pinnacle Towers LLC, has submitted a new lease for a five year period with options for five additional five year periods. Annual CPI is included in the lease. The lease up for approval will pay the City $3100.38 per month. Current payment is $2816.47 per month. ATTACHMENTS: Proposed Lease FISCAL IMPACTS (Include Budgeted Amount): Increase in annual revenues of$3406.92. APPRO V ALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: -"';:... COMMITTEE CHAIR COUNCIL PRESIDENT: ~'7~d7 CONSENT AGENDA d2f GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: That the City Council approve the proposed lease with Pinnacle Towers LLC 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 TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7,2004, by Global Signal Services LLC, its Manager, (hereinafter referred to as "Lessee"). WIT N E SSE T H: 1. PREMISES. The City leases to the Lessee real property for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; LEASE AGREEMENT - 1 Site: Bremerton (Gold Mtn) BUN: 871638 "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times adequate to service the Premises and the telecommunication facilities at all times during this Lease. The City will issue a key to Lessee and each of its sub lessees and occupants to provide access to the Premises twenty four hours a day seven days a week; provided that Lessee agrees to provide the City with a schedule outlining the frequency of Lessee's required visits (e. g. quarterly maintenance check, monthly site cleanup, etc.). Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41(0), which notice shall be followed by written notification pursuant to Section 41(0). Lessee shall be responsible for conducting appropriate background checks of all of their employees. Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform identification badge or marked company vehicle. LEASE AGREEMENT - 2 Site: Bremerton (Gold Mtn) BUN: 871638 4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose outside the Premises area. Lessee shall have the exclusive right to use and occupy the telecommunication facilities within the premises outlined in schedule A for the purposes outlined herein. 5. TERM OF LEASE. This Lease shall be valid for a term of five year(s) commencing February _, 2009 and terminating February _, 2014. Lessee shall have the option of renewing this lease for additional five (5) year periods up to a total of twenty-five years. Notice of renewal must be received by the City within six (6) months of expiration of each five year term. 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the leases facilities, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, then Lessee will be required to power down the interfering equipment until such interference can be resolved. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon City property except those City antenna sites placed upon Lessee's facilities pursuant to Section 10.E. 8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunications facility, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving LEASE AGREEMENT - 3 Site: Bremerton (Gold Mtn) BUN: 871638 notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. Starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of Three Thousand One Hundred Dollars and Thirty-Eight Cents ($3,100.38) per month, prorated for any partial months. Substantial expansion of the initial configuration contained in Schedule A will result in review and possible re-negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first LEASE AGREEMENT - 4 Site: Bremerton (Gold Mtn) BUN: 871638 obtains Lessee's pnor written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such transmission shall not result in any impairment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Rent Adjustment. On the fourth annual anniversary date of the Commencement Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. LEASE AGREEMENT - 5 Site: Bremerton (Gold Mtn) BUN: 871638 12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease (which includes any renewal periods), file an application with the City for renewal of its Lease which shall include the following: A. Any information required by the City of Bremerton; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; D. A non-refundable application fee in the amount of Five Hundred and Noll 00 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably LEASE AGREEMENT - 6 Site: Bremerton (Gold Mtn) BUN: 871638 possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonable necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such LEASE AGREEMENT - 7 Site: Bremerton (Gold Mtn) BUN: 871638 facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. LEASE AGREEMENT - 8 Site: Bremerton (Gold Mtn) BUN: 871638 23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, .or when Lessee, or any person acting on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed LEASE AGREEMENT - 9 Site: Bremerton (Gold Mtn) BUN: 871638 to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; and C. The Lessee owns and/or controls the tower facility located on City property. The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub-leases. 28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from anyone accident; and LEASE AGREEMENT - 10 Site: Bremerton (Gold Mtn) BUN: 871638 (3) $2,000,000.00 for all other types ofliability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30.A. above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its LEASE AGREEMENT - II Site: Bremerton (Gold Mtn) BUN: 871638 agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of "as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. LEASE AGREEMENT - 12 Site: Bremerton (Gold Mtn) BUN: 871638 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and (4) An application fee. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. LEASE AGREEMENT - 13 Site: Bremerton (Gold Mtn) BUN: 871638 G. Lessee shall make no assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. City property; Abandonment of telecommunications facilities in the public ways or upon LEASE AGREEMENT - 14 Site: Bremerton (Gold Mtn) BUN: 871638 H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period of time not exceeding 30 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall LEASE AGREEMENT - 15 Site: Bremerton (Gold Mtn) BUN: 871638 at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, ifany. C. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LESSOR: City of Bremerton Attn: Public Works & Utilities Administrative Manager LESSEE Pinnacle Towers LLC c/o Crown Castle USA Inc. Attn: Real Estate Department LEASE AGREEMENT - 16 Site: Bremerton (Gold Mtn) BUN: 871638 100 Oyster Bay A venue N. Bremerton, W A 98312 E. Blake Hawk, General Counsel 2000 Corporate Drive Canonsburg, P A 15317-8564 The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered to the other party in writing by certified or registered mail, return receipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 _ October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. 43. NONDISCRIMINA TION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. LESSEE Pinnacle Towers LLC, a Delaware limited liability company, formerly known as Pinnacle Towers Inc. prior to a State of Delaware conversion on April 7, 2004 By : Global Signal Services LLC, its Manager Date: By: Its: CITY OF BREMERTON Date: CARY BOZEMAN, Mayor APPROVED AS TO FORM: LEASE AGREEMENT - 17 Site: Bremerton (Gold Mtn) BUN: 871638 ROGER A. LUBOVICH, City Attorney State of ) ) ss. County of ) On this day of , 20 , personally appeared to me known to be the of the , a corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Residing at My commission expires: State of Washington ) ) ) ss. County of Kitsap On this day of , 20_, personally appeared Cary Bozeman to me known to be the Mayor of the City ofBremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. . In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILING: CAROL ETGEN, City Clerk LEASE AGREEMENT - 18 Site: Bremerton (Gold Mtn) BUN: 871638 PAGE INTENTIONALLY BLANK LEASE AGREEMENT - 19 Site: Bremerton (Gold Mtn) BUN: 871638 SCHEDULE A (Site Plan of Premises) LEASE AGREEMENT - 20 Site: Bremerton (Gold Mtn) BUN: 871638 SCHEDULE A-I (Legal Description of Premises) PARENT PARCEL LEGAL DESCRIPTION: EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M. PREMISES: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 4037' WEST (R) S 01004'21" W (M) 439.82 FEET (R&M); THENCE SOUTH 86031 '12" EAST (R) S 89053'02" E (M) 88.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86031 '12" EAST (R) S 89053'02" E (M) 200 FEET; THENCE SOUTH 4037' WEST (R) S 01004'21" W (M) 200 FEET; THENCE NORTH 86031 '12" WEST (R) N 89053'02" W (M) 200 FEET; THENCE NORTH 4037' EAST (R) N 01004'21" E (M) 200 FEET TO THE TRUE POINT OF BEGINNING. ROAD EASEMENT CENTERLINE: COMMENCING AT THE BRASS CAP MARKED "USCGS GOLD HILL"; THENCE N 75035'56" E A DISTANCE OF 763.03 FT. TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 27, TWO. 24 NORTH, RGE. 1 WEST, W.M.; THENCE S 00003'44" E A DISTANCE OF 271.08 FT. TO THE INTERSECTION OF THE CITY OF BREMERTON WATERSHED ACCESS ROAD WITH THE ANTENNA ACCESS ROAD, BEING THE TRUE POINT OF BEGINNING; THENCE S 01015'37" E A DISTANCE OF 32.96 FEET; THENCE S 02051 '59" W A DISTANCE OF 134.86 FEET; THENCE S 01047'13" E A DISTANCE OF 82.96 FT.; THENCE S 18033'06" E A DISTANCE OF 34.94 FEET; THENCE S 63027'36" E A DISTANCE OF 26.56 FEET; THENCE N 86034'36" E A DISTANCE OF 46.58 FEET TO A POINT ON THE WEST BOUNDARY OF A PARCEL LEASED TO MOTOROLA CORP., BEING THE TERMINUS OF THIS EASEMENT CENTERLINE DESCRIPTION. LEASE AGREEMENT - 21 Site: Bremerton (Gold Mtn) BUN: 871638 LEASE AGREEMENT - 19 Site: Bremerton (Gold Mtn) SCHEDULE A (Site Plan of Premises) H88i8'09.W if- -- --t-' , I Co I. ""': N ~ ~ I"'" J ~( ~ ,. ~ ~---~ :..., I o : ~! I ,: ^ TOWER 1 \,~ ! ~::___~ _ N 20 4 6. 0 i- _ . E' 1158B60.658 \'-. i H881B'09"w ElEV. = 1702.23 _ IBI~ 10 I ;; TOI'IfR TOP ELEV -;. I. : 0; LA T. = 47'32'5~.54 -. ! 0:: g ONG. = 122"4700.6.) I I:::' go l L..J I, 'L_. ~:..... ~,~ ~ ~. : Z 0 ~I~ i~: Z i;:5 ....; I r Q:,<e , :-tl-j ~OUND lO'x 10' CONC'~ 1 i ,fONUMENT W//RON PIN I! 5/28/98 .i N[ /4 i ,I[ COR. NW/., W : '.. Rl ~' ;EC 27, T 24N,.., \ 1_ i ------- - )l~~--J\''"' +...... +- I >< \~~\ ~1-t ~~D? IDe 00' -- N88'18'09'W --- ~r'hF'cl0\e-_ A, :\....)l_____ _ 100,00' -- 1 I -T ~". " / ... 1 1 " / >< / .... / .". / r 1 =J/ -- -'f 100.00' I l.U I~ ......./:"" ....., - . 0 Ch ;z; '" / I I sl lJ02.68':;ALC. -. TOWER Ii 4 r-A~ TOI'FJ? 3 N. 206532.015 E 1158909.595 [LEV. = 1702.42, = i775.54 TOVER TOP an. . JU LA T. = 47"3Z'5t!.10 . ;! LONG. = 122'46 59.94 J ~ r~ roVER 2 N 20650B.690 E' 1158877.517 ELEV. = 170l.S; _ 1802.67 TO~ TOP E!-E V. -;. LAT. = 47'325!;86 . LONG. = 122'4100.40 I I I . ..', -.. . .,.. .. .':..< .....; ~ .;J. - - ~;r- CALC POSITION? I ~::t PER R C.S. UNDL,,'J M.N. 85080601.:.~ I -, SCHEDULE A-I (Legal Description of Premises) PARENT PARCEL LEGAL DESCRIPTION: EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M. PREMISES: TIIAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KIT SAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 4037' WEST (R) S 01004'21" W (M) 439.82 FEET (R&M); THENCE SOUTH 86031 '12" EAST (R) S 89053'02" E (M) 88.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86031 '12" EAST (R) S 89053'02" E (M) 200 FEET; THENCE SOUTH 4037' WEST (R) S 01004'21" W (M) 200 FEET; THENCE NORTH 86031 '12" WEST (R) N 89053'02" W (M) 200 FEET; THENCE NORTH 4037' EAST (R) N 01004'21" E (M) 200 FEET TO THE TRUE POINT OF BEGINNING. ROAD EASEMENT CENTERLINE: COMMENCING AT THE BRASS CAP MARKED "USCGS GOLD HILL"; THENCE N 75035'56" E A DISTANCE OF 763.03 FT. TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 27, TWO. 24 NORTH, RGE. 1 WEST, W.M.; THENCE S 00003'44" E A DISTANCE OF 271.08 FT. TO THE INTERSECTION OF THE CITY OF BREMERTON WATERSHED ACCESS ROAD WITH THE ANTENNA ACCESS ROAD, BEING THE TRUE POINT OF BEGINNING; THENCE S 01015'37" E A DISTANCE OF 32.96 FEET; THENCE S 02051 '59" W A DISTANCE OF 134.86 FEET; THENCE S 01047' 13" E A DISTANCE OF 82.96 FT.; THENCE S 18033'06" E A DISTANCE OF 34.94 FEET; THENCE S 63027'36" E A DISTANCE OF 26.56 FEET; THENCE N 86034'36" E A DISTANCE OF 46.58 FEET TO A POINT ON THE WEST BOUNDARY OF A PARCEL LEASED TO MOTOROLA CORP., BEING THE TERMINUS OF THIS EASEMENT CENTERLINE DESCRIPTION. LEASE AGREEMENT - 20 Site: Bremerton (Gold Mtn) Duncanson Company, Inc. 145 SW 155th Street, Suite 102 Seattle, Washington 98166 Telephone: (206) 244-4141 Fax: (206) 244-4455 E-mail: survey@duncansonco.com Legal Description prepared by this office for Crown Castle USA Access and Utility Easement 880446 Seattle Qwest-BRE005 An Easement for Access and Utilities located within the County of Kitsap, State of Washington, being out ofa property owned by The City ofBremerton, per deed recorded under Recording Number 007282 - Tax Parcel Number 332401-3-023-2005, more particularly described as follows: That portion of Government Lot 4, Section 33, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; Except that portion conveyed to State of Washington by auditor's file no. 639702 and the Southeast quarter of the Southwest quarter and the Southwest quarter of the Southeast quarter and the South half of the Northwest quarter of the Southeast quarter; Except that portion conveyed to Kitsap County, State of Washington by auditor's file no. 692837; Also except that portion of Section 33, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northeast comer of the South 260 feet of the Northeast quarter of the Southwest quarter of said Section 33; Thence West along the North line of said South 260 feet to the West line of said Northeast quarter of the Southwest quarter; Thence South along the West line thereof and continuing South along the West line ofthe Southeast quarter of the Southwest quarter to the South line thereof; Thence East along said South line a distance of 500 feet; Thence Northeasterly along a straight line to the Point of Beginning; Together with that portion as conveyed under auditor's file no. 200009100248 . Easement being 20- feet in width lying 10- feet on both sides of the following centerline description: Commencing at a rebar and cap marked "Cassou 27133", said monument being at an angle point on the South line of State Highway 16; Thence along said South line, South 89024'34" West 20.71 feet, more or less, to the East line of the West half of Section 33, Township 24 North, Range 1 East, W.M.; Thence along said East line, South 01013' 48" West 193.31 feet; Thence North 61033'10" West 110.30 feet to the Southwest comer of the Tower Easement Parcel being served by this easement; Thence along the West line of said Tower Easement Parcel, North 02011 '40" East 10.68 feet to the True Point of Beginning; Thence North 85001 '55" West 204.57 feet; Thence North 79053'53" West 295.60 feet; Thence South 67025'11" West 149.52 feet; Thence South 73041 '49" West 162.01 feet; Thence South 65057'34" West 157.24 feet; Thence South 51031' 16" West 163.17 feet; Thence South 79004'38" West 57.75 feet; Thence North 49040' 19" West 35.64 feet, more or less, to the South line of State Highway 16 and the terminus of said centerline description. Containing 16,041 square feet, more or less. The sidelines to be lengthened or shortened to intersect with each other and end at the South Margin of State Highway 16 and the West line of the Tower Easement Parcel being served by this easement. i , , I,,' ]'<' I 1 I I 1 I f----1~~-I I'" 1 ,v;:'- I I ...~~ I mJr/<1MSlJr 1 I ~ U I i$ - - - ~+~~~i::~~ I I E~o:~~1 ~ _~~LlJ s---~~------- ~~~. ~s~~r sr~J.lP[O VICINITY !.lAP NOT TO SC"LE SURVEYOR'S NOJE lL),Sf PARCEl. ClfSCRIPlION PER nJI.E /If?(lI'tTf"-1.J!.'IP7 111( SUR\f:lm PJ\~C~ IS 7IiE SAIIr PAROl.,l5 T1f,o.TOCSCilJBfO IH THE lEIO.ll DCsr:1UPllOH IN THE lI11ERfPORT. 1IIE!:,O.STANfJ M'ST 80UNOARICi ,IlK I'!U'OI'ITm UlflWlfDlJSI.. Y AS FDUOIllHG ... ~"'lJIII'Sl: Of"IHO:;J1L 1HISIS,o. tJl5PRIHT, AS SIIOIItI ON THE I.IAP 'l'CCOI.IPA"'I1"r; [.o.5OIOIT OEED IOOI0700!i~ M INWlDer; ~~7J;:C~"J1'E. "AR.-lLlfl ro mE 1\'[5T BOUNO,o.Rl' or 1HE n_~\'~T1Qi'LPATUM ...LL ELEV...ll0NS ,l,RE BASED ON HGIJD 1919 DATUM, GROIJND ELEVATION __F.!...~__ SlRUCTVREHEIGHT ~_____ ElEVA1l0N OF HIGHEST POINT._Lll.~j'..:.l ._._._ BASIS OF BEARINGS BEARINGS ARE BASED ON TRUE NORTIi AS DEl1:.RMINED BY HARN(HIGH ACCURACY RFFfRTNCE" NETWClRK) tlAD!\3(1994) 2TAl~I"'lQLAP F'ARf;NLJJ'K:Fillg;!:LMI"'J_~ ~f~:~~:cW J~~A!~f~J(~~~~~~~r~l~NllI::~ ),7/1:No!:' HQJ'<:_;U;_Q~_~ESPONDING TO SCHJ:.Q.lJU__:'.B: THE COM'-4I1lolENT FOR TiTlE INSURA!4CE !SSiJEO flY LAND TTTLE CO OFKIT<:;AP COUNll'.o.s FILE NO. E-1J1597. DATEO JULY ?1, 1999 LJSTS THe FOllOWING EASEMENTS, COVENANTS. CONDITlONS, MlO RESTRICTIONS UNDER EXCEPTIONS REGARDING SURVEY MATTERS WHICH AFFECT THE l.EASEll PREMISES AND ITS APPURTENANT EASEMENTS ..(2) ~";.-~~~8~9InIT1l!IC U~E TO P~H SOUNO !:r>'OrOY, <3) ~g::a:'.o.sf:IKNT 70 ~ STAn: or IMSHlN(>TON. 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"'"frttoor 2~e93, Wo""l.glon 0<11. of~""y ..".., t~ 10110 llat400110tIR."...n -~JW-- DATE SUBMITTED: February 5, 2009 BILL # 0'1- D38 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51< ........................................................................................ f1 V\cAtN'S 0 Y\ ~\<- Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: February 11, 2009 February 18, 2009 Pub Wks & Utiliti~ Paul Lucas ~ _~~~",.,--_ 473-2328 SUBJECT: Communications Tower Lease SUMMARY: The current lease on the STC Five LLC-owned tower at Anderson Creek with Sprint/Nextel expired in April of2008. This lease has been running on a month-to-month basis. Reason for the delay was change in site management. The current manager of the site, Crown Castle for STC Five LLC, has submitted a new lease for a five year period with options for five additional five year periods. Annual CPI is included in the lease. The lease up for approval will pay the City $695.97 per month along with 100% of any co-locates. Current payment is $618.72 per month. ATTACHMENTS: Proposed Lease FISCAL IMPACTS (Include Budgeted Amount): Increase in annual revenues of $927.00. APPROVALS: ~ DEPARTMENT DIRECTO~ CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ^~-:;-.> COMMITTEE CHAIR COUNCIL PRESIDENT: ~~ CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: That the City Council approve the proposed lease with "'STC;::fwe: ' LiL((!:and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and STC Five LLC, a Delaware limited liability company, by and through its attorney in fact, Global Signal Acquisitions II LLC, a Delaware limited liability company, (hereinafter referred to as "Lessee"). WIT N E SSE T H: 1. PREMISES. The City leases to the Lessee real property located at Anderson Creek for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, LEASE AGREEMENT - 1 Site: Seattle Qwest - BRE005 BUN: 880446 equipment storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission 'medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times adequate to service the Premises and the telecommunication facilities at all times during this Lease. The City will issue a key to Lessee and each of its sublessees and occupants to provide access to the Premises twenty four hours a day seven days a week; provided that Lessee agrees to provide the City with a schedule outlining the frequency of Lessee's required visits (e.g. quarterly maintenance check, monthly site cleanup, etc.). Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41 (G), which notice shall be followed by written notification pursuant to Section 41(G). Lessee shall be responsible for conducting appropriate background checks of all of their employees. LEASE AGREEMENT - 2 Site: Seattle Qwest - BRE005 BUN: 880446 Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform identification badge or marked company vehicle. 4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose outside the Premises area. Lessee shall have the exclusive right to use and occupy the telecommunications facilities within the premises outlined in schedule A for the purposes outlined herein. 5. TERM OF LEASE. This Lease shall be valid for a term of five year(s) commencing February _,2009 and terminating February _,2014. Lessee shall have the option of renewing this lease for additional five (5) year periods up to a total of twenty-five years. Notice of renewal must be received by the City within six (6) months of expiration of each five year term. 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the leased facilities, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, then Lessee will be required to power down the interfering equipment until such interference can be resolved. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon City property except those City antenna sites placed upon Lessee's facilities pursuant to Section 10.B. LEASE AGREEMENT - 3 Site: Seattle Qwest - BRE005 BUN: 880446 8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except telecommunications facility, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. Starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of Six Hundred Ninety- Five Dollars and Ninety-Seven Cents ($695.97) per month, prorated for any partial months. Substantial expansion of the initial configuration contained in Schedule A will result in review and possible re-negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. LEASE AGREEMENT - 4 Site: Seattle Qwest - BRE005 BUN: 880446 Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna system and such transmission shall not result in any impairment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Rent Adjustment. On the fourth annual anniversary date of the Commencement Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the City determines that a rent adjustment is warranted, it shall so notifY Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. LEASE AGREEMENT - 5 Site: Seattle Qwest - BRE005 BUN: 880446 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. 12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease (which includes any renewal periods), file an application with the City for renewal of its Lease which shall include the following: A. Any information required by the City ofBremerton; B. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; C. All deposits or charges required pursuant to City ordinances; D. A non-refundable application fee in the amount of Five Hundred and Noll 00 Dollars ($500.00). The City reserves the right to extend the review period for the renewal application if additional information is required. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to umeasonably interfere with the use of the LEASE AGREEMENT - 6 Site: Seattle Qwest - BRE005 BUN: 880446 public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonable necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. LEASE AGREEMENT - 7 Site: Seattle Qwest - BRE005 BUN: 880446 Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such LEASE AGREEMENT - 8 Site: Seattle Qwest - BRE005 BUN: 880446 facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, .or when Lessee, or any person acting on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following LEASE AGREEMENT - 9 Site: Seattle Qwest - BRE005 BUN: 880446 any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; and C. The Lessee owns and/or controls the tower facility located on City property. The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold approval of sub-leases. 28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. LEASE AGREEMENT - 10 Site: Seattle Qwest - BRE005 BUN: 880446 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from anyone accident; and (3) $2,000,000.00 for all other types ofliability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; c. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30)' days advance notice of cancellation of any coverages required in 30.A. above; LEASE AGREEMENT - 11 Site: Seattle Qwest - BRE005 BUN: 880446 F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; LEASE AGREEMENT - 12tSite: Seattle Qwest - BRE005 BUN: 880446 (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of 'as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant with respect to the proposed transferee or assignee; (3) Any other information reasonably required by the City; and LEASE AGREEMENT - 13 Site: Seattle Qwest - BRE005 BUN: 880446 (4) An application fee. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: A. Lessee's con,struction or operation in the City or in the public ways of the City or upon City property without proper City authorization; LEASE AGREEMENT - 14 Site: Seattle Qwest - BRE005 BUN: 880446 B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. City property; Abandonment of telecommunications facilities in the public ways or upon H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period oftime not exceeding 30 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. LEASE AGREEMENT - 15 Site: Seattle Qwest - BRE005 BUN: 880446 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, ifany. C. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. LEASE AGREEMENT - 16 Site: Seattle Qwest - BRE005 BUN: 880446 D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all otTers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not atTect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LESSOR: City of Bremerton Attn: Public Works & Utilities Administrative Manager 100 Oyster Bay Avenue N. Bremerton, W A 98312 LESSEE STC Five LLC c/o Crown Castle USA Inc. Attn: Real Estate Department E. Blake Hawk, General Counsel 2000 Corporate Drive Canonsburg, P A 15317-8564 The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered to the other party in writing by certified or registered mail, return receipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 _ October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. 43. NONDISCRIMINA TION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona tide occupational qualification. LEASE AGREEMENT - 17 Site: Seattle Qwest - BRE005 BUN: 880446 Date: Date: APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney II II LEASE AGREEMENT - 18 Site: Seattle Qwest - BRE005 BUN: 880446 LESSEE STC Five LLC, a Delaware limited liability company By: Global Signal Acquisitions II, LLC, a Delaware limited liability company, Its Attorney in Fact By: Global Signal Services LLC, Its Manager By: Its: CITY OF BREMERTON CARY BOZEMAN, Mayor County of ) ) ) ss. State of On this day of ,20, personally appeared to me known to be the of the , a corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Residing at My commission expires: State of Washington ) ) ) ss. County of Kit sap On this day of , 20_, personally appeared Cary Bozeman to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILING: CAROL ETGEN, City Clerk LEASE AGREEMENT - 19 Site: Seattle Qwest - BREOOS BUN: 880446 LEASE AGREEMENT - 20 Site: Seattle Qwest - BRE005 BUN: 880446 SCHEDULE A (Site Plan of Premises) SCHEDULE A-I (Legal Description of Premises) GOVERNMENT LOT 4 EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY AUDITOR'S FILE NO. 639702 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY, STATE OF WASHINGTON BY AUDITOR'S FILE NO. 692837, ALL SECTION 33, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; SITUATE IN KITSAP COUNTY, WASHINGTON. LEASE AGREEMENT - 2] Site: Seattle Qwest - BRE005 BUN: 880446 ;\ (CES-=:,/ r- UTiLITY ESMT _I L-'-, 1- -' ! ,ti / '0' fj' " J H--FPAMEff('~"-;' _ _ , L2 c, -r-- -- IV .-1 , -]17 - '- ----J / ~ r-r:-T ;; ~ I J'~,_~o '- I I ~, ~. i -'.~ " ~_I / '<-r,j(ll\IOPCJL[ / ' ' ~,~ I,--~ ~ Ii ~ ! ' " I GRAVEL ~-----... '~ -----... ~ --.... '------- .--------~ ~ ~~ 1 I HEREBY CERTIFY TO CROWN CASTLE USA AND STEWART TITLE THAT THE RELATIVE POSITIONS SHOWN ON THIS EXHIBIT ARE REPORTED TO A I) RELATiVE ACCURACY tHAT MEE 15 OR EXCEEDS A TOLERANCE OF 1: 10,000 Iil~' 'E I LlGI!:: HWY I r~ i lQ~~0~_E~~_='AP~~L 380 ':,r - N,~ OF CROWN CASTlE r:'OUIPN1~HT I':; LOCi, TED W'THIN Ti~E leViER L[,~,SE f:::AR(EL I 'C. UGIE OF / T\-jE W. hA~F ~' SEC, 3 3-2J.N- IE >-iVAi.: lll\liT /- (TYi='.) I I II'!F -ABLE j lY.i(' CEN-l;'FII 8E~:~II~G-I L1 12.5:2 l'I02'li'40"r: I I L2 6.~e Sf,r'13",I('J",;-l '__'_"~:.:_^_.__.~'_ ,,_;':"'_"':"___~_"::.:----=-.....l Lj 8.10 1~()2"li'40"EI 1_", ,- 7" I~- --'::::;'-'::'~R.~(,,;:-I ;..........- .<_L,')L ';0/ "1" <' } ~:... I I ,", '1 "P ;n"'1'~I';;~;:;~Y'~; ~" I ,1_L_ ~'~,........ ,.....! \( 15 17 57 ; L7 8 79 L.n 10.88 s IOW~R LE,t.SE r' A,R eEL TRUE F.O.13 ~ ~~~ '-..-""'-. ,'y1e7 .~ ...-- C(I ~t') .~.j- to 1"J 01 ;; ~ ;:; en )1-' f-c~F~,M./t: NTH I'OWE" [,AE'-ER SCALE: 1 "=20' -------- ^ mCROWN NATIONAL SURVEY SERVICES \YJ ~ CASTLE GEL I N E SURVEYING, INC. COORDINATION BY: TOWER LEASE PARCEL EXHIBIT Profl!38ionaI Land s~ 13430 NW 104th Temaj, Suite A AlllChua, FL32615 (386) 41lUlSOO (386) 462-9986 Fax www.gwliMPlc.com ,m' DUNCANSON J Company, inc. I 1- ! .. 145 SW 1551h Street. SuUe 102 " j Seattle, WaShington 98166 ", . .."~",,..,/:/ Phone 206.244.4141 Fax 206.244.4455 JOB # 06630.044 DATE: 01120/09 SEATTLE QWEST - BRE005 880446 BREMERTON, WASHINGTON TOWER LEASE SURVEY FOR: CROWN CASTLE USA PAGB20F2 Duncanson Cumpany, Inc. 145 S W 1 55tl1 Street. Suite 102 Seattle, Washington 9816!i Telephone: (206) 244-4141 Fax: (206) 244-4455 E-mail: survey@duncansonco.col11 Legal Description prepared by tbis office for Crown Castle USA Access ilnd Utility Easement i1RIN46 Seattle Qwesl-BRF005 An Easement for Access and Utilities located within the County of K ihap, State of Washingron, being OHt of a prop:;;rty owned by The City of Bremerton, per deed recorded under Recording Number ()(J7282 - Tax Parcel Number 332401-3-023-2005.. more panicularJydescribed as t(11l0WS: Tl1at portion of Government Lot 4, Section 33, Township 24 NOlth, Range I East. W.1'vL in I(itsap County. Washington: Except that portion conveyed to State of Washington by auditor's file no, 639702 and iJ1e Somheast q uatter of the Southwest quarter and the Southwest quaneI' afthe Southeast quaner anclthe South half of the Northwest qUa11:er of the Southeast quartet; Except that pm1ion conveyed to Kitsap COUllty, State of Washington by audiror's file no. 692837: Also except that portio!1 of Section 33, Township 24 N01tb, Range I East. W.M., in Kitsap County, Washingwn. described as follows: Beginning at the Northeast corner of the South 260 feet oftbe Northeast quarter ofthe Southwest quarter of said Section 33: Thence Wtlst along the North line ofsairl South 260 feet to the West line of said Northeast quarter of the Southwest qumter; Thence South along the W eslline thereof and continuing South along the West line of the Southeast quarter ofthe Southwest quarter to the South line thereof; Thence East along said South line a distance ofsoO feet: Thence Northeasterly along a straight line to the Point of Beginning; Together with that pOliion as conveyed llllacr auditor's fih~ no. 200009100248 , Ensemelll being lO-feet in width lying 1 O-tt:Cl on bOTh sides of the following centerline description: ((mllnencjng at a rebar and cap marked "CassoLJ 27! 33". said monument being at an angle point on the South line of StaleJ-lighway 16; Thence along said South line. SOllth 89024'34" West 20.71 feel. more or les,>, to the East lilH: ofthe West half ofSectioll 33, Township 24 Nonh, Range I East, W.M.: Th~l1ce along said East line, South 0 I "13'48"' West 1l)3.3 [ feet: Thence North 61 "33' I ()" West I ]().30 feet to the Southwest corner of the Tower Lease Parcel beim.! served by this easement: ,. .~ . Thence along the \~iest line of said Tower Lease Pared, North 020 It '40" Ensl 10.60 feet to the True Point of Beginning: Thence N0I1h 8500 1'55" West 204.57 feet: Thence North 79053 '53" West 295.60. feet; Thence South 6 T1S' 11'\ West 149.51 feet~ Thence Sout1173Q41'4Y" West 162,01 feet: Thence South 65"57' 34" West 157,24 feet Thence South 51"31' 16" West 1.63.17 feet: Thence Smtth 79"04' 3 8" West 57,75 feet: Thence NOJih 49040' 19" West 35,64 feet, more or less. to the South line of State Highway i 6 and the tenninlls of said cent"rline description. Containing j 6'()41 square teet, more or less. The sidelines to be ltlngthened or shortened to intersect witl1 each Nher and end at the South Margin of Slate Highway 16'and the Wes1 line of the Tower Lease Parcel being served by this easement. .. ./ AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# 09 - 031 ~L DA TE SUBMITTED: January 27, 2009 ........................................................................................ SUBJECT: Scheduled replacement of eight (8) Police Patrol vehicles Committee Meeting Date: February 11,2009 COUNCIL MEETING Date: February 18, 2009 Department: PW &U Presenter: Jim Orton Phone: 473-5359 SUMMARY: Budget year 2009 shows replacement of eight (8) Ford Crown Victoria patrol vehicles for the Police Department. Cost for the purchase of the eight vehicles (without police equipment) will be $210,493.08 including sales tax. These vehicles will be purchased off Washington State Contract # 04608. The authorized dealer is Columbia Ford of Longview, Washington. The replacement vehicles will be black and white and placed on a 6-year linear replacement collection within the ERR Fund (Department 46, Fund 510) based on their final cost to the City. The EPA mileage rating of these vehicles is 17 city and 25 hwy. ATTACHMENTS: Copy of2009 Washington State Contract #04608 FISCAL IMPACTS (Include Budgeted Amount): Replacements are funded through Fund 510. Total cost is estimated to be $304,000, including the purchase cost, equipment, and labor necessary to place them into service. The Police De 'n be responsible for any costs incurred that exceed the amount available in the Fund 0 for replac ents. . APPROVALS: /:': I/../ / DEPARTMENT DIRECT r~ CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~ CONSENT AGENDA R1 GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the purchase of eight (8) Ford Crown Victoria patrol cars through the State of Washington Contract #04608. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Current Contract Information Contract No. 04608 Price Sheet Order Form Page 1 TO ORDER COMPLFTE PRICE SHE'ETS AND SUBMIT WITH STltTF FORM A-/5A PURCHASE RFQUlSITION TO OFFICE OF STATE PROCUREMENT BEFORE MARCH 3/,2009. OlVUNE ORDERS MAY BE PLtCED AT Utt"s:ll/,ortress. WO. r.:.ol'/~alilletll'ehreC/ll'ehmeflu.h'm. TO ,\;/lNIMIZE PRODUCTION DELAYS ORDER AS EARLY A.S POSSIBLE. VEHICLE TYPE: 4 DOOR SEDAN POLICE VEHICLE - FULL SIZE PURSUIT MAKE/MODEL: FORD CROWN VICTORIA INTERCEPTOR EQUIPMENT INCLUDED IN NET PRICE 4.6L Flex Fuel OHC SEFI V8 E85 ethanol/gas Engine Inside Hood Release (250 HPl Electric Trunk Release. Battery Operated Electronic Automatic Overdrive Transmission Intermittent Wipers External Transmission Oil Cooler. Engine Oil Cooler Power Heated Mirrors(61 K) P235/55R 17 BSW Speed Rated Radial Tires, AM/FM Stereo Radio with Digital Clock. Rear Window Antenna Goodyear( I ) Cigarette Lighter Plus Power Point Matching Full Size Spare Tire & Wheel Certified Police Speedometer, 0-140 MPH Power Door Locks Gauges, Water Temp, Fuel Power Windows w/Passenger Lockout Switch Power Distribution Connector Driver and Front Passenger Air Bags, Front & Side Impact Hubcaps, Bolt on Power Steering w/External Cooler Body Side Moldings (Front Doors uninstalled, stored in trunk) HD Power Brakes, 4-Wheel Disc. Anti-Lock System (96B) 750 CCA Battery HD Rubber Floor Covering 200 AMP Alternator Removable Headliner with Dual Beam Map Light Police Pursuit Suspension Package. HD Frame Random Code Single Key Lock System. Four Sets of Keys HD Front Bucket Seats, Cloth W/ Weapon Cutouts Radio Interference Bonding Strap Package (53M) Power Dri ver' s Seat (21 A) All Factory Standard Police Package Equipment including Power Adjustable Pedals Stainless Steel Dual Exhaust System HD Rear Bench Seat, Cloth (TTH) Rear Power Access Point Air Conditioning w/high speed cutout 3.27: I Rear Axle Ratio Light Tinted Glass, All Around Tire Pressure Monitoring System Trunk, Glove Box, Dome/ High Intensity Map Lights Stabilizer Bars, Front and Rear Lightbar Connector Engine Idle Meter Tilt Steering Wheel 3 year/36,OOO Mile Warranty Bumper to Bumper, 5Yr/60.000 Electric Rear Window Defroster Mile Drivetrain Headlamps on Warning Buzzer Mercury Free Vehicle, Lead Free Wheel Weights Maximum Capacity Engine Cooling NHTSA CRASH TEST RATINGS (2007) Coolant Recovery System FRONTAL (DIP) 5/5 SIDE (FIR) 5/5 ROLLOVER 5 VEHICLE AS EQUIPPED MEETS CALIFORNIA EMISSION STANDARDS DEALER: COLUMBIA FORD (W403) 700 7lh Ave Longview, WA 98632 DEALER CONTACT: Marie Tellinghiusen or Steve Sari PHONE: (360) 423-4321 EMAIL ADDRESS:mariet@colford.com FEDERAL TAX ID NO.: 91-0650166 PA YMENT TERMS *Discount $200/20 Days (per vehicle), Net 30 Days DELIVERY: 90 - 120 Days ARO NET PRICE: (Vehicle equipped as ahove. delivered to any point within the State of Washington, exclusive of Federal Excise and before 8.0% State Sales Tax including .3% Vehicle Tax): COMMODITY CODE VEHICI,E DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION 2319-080-00 I Automobile. Full-size Police. 4 Door Sedan, 2009 Ford Crown Victoria Police Interceptor FFV(P71/720A) (I) Tire Chain Compatible 1i $21.170.00 * $16'>.360 Current Contract Information Contract No. 04608 Price Sheet Order Form Page 2 NO COST EXTERIOR/INTERIOR COLORS:/ND/C\TE QUANTITY OF COLOR(S) SELECTED (Special Paint Available at Extra Cost) __ Vibrant White! Charcoal B1ack(WT/*N) __ Vibrant White/Light Camel (WT/*J) ___ Vibrant White/ Medium Light Stone (WT/*L) __Arizona Beige CC Metallic/ Light Camel (AQ/*J) __Arizona Beige CC Metallic/ Charcoal Black (AQ/'!'N) __Medium Brown Metallic/ Light Camel (BUI*J) _Dark Toreador Red CC Metallic/ Light Camel (1L/*J) Dark Toreador Red CC Metallic/ Charcoal Black (JL/*N) _Dark Toreador Red CC Metallic/ Medium Light Stone (1L/*L) __Silver Birch CC Metallic/ Medium Light Stone (LP/*L) _Silver Birch CC Metallic/ Charcoal Black (LP/*N) __Dark Blue/ Medium Light Stone (LK/*L) __Dark Blue/ Charcoal Black (LK/*N) _Norsea Blue/ Light Camel (KR/*J) _Norsea Blue / Medium Light Stone (KR/*L) _Norsea Blue / Charcoal Black (KR/*N) _Royal Blue/ Charcoal Black (LM/* N) _Royal Blue/ Medium Light Stone (LM/* L) _Light Blue Metallic/ Charcoal Black (LN/* N) _Light Blue Metallic/ Medium Light Stone (LN/* L) ___Light Ice Blue CC Metallic/ Charcoal Black (LS/* N) __Light Ice Blue CC Metallic! Medium Light Stone (LS/*L) _Ultra Blue CC Metallic/ Charcoal Black (MM/* N) ___Ultra Blue CC Metallic/ Medium Light Stone (MM/* L) _Light Grey/ Charcoal Black (TM/* N) _Light Grey/ Medium Light Stone (TM/* L) __Silver Grey Metallic/ Charcoal Black (TN/* N) _Silver Grey Metallic/ Medium Light Stone (TN/*L) _Black CC/ Charcoal Black (VA/'!' N) _Black CC/ Light Camel (UAFJ) ___Black CC/ Medium Light Stone (UA/* L) Medium Titanium CC Metallic! Charcoal Black (YG/* N) _Smoke Stone CC/ Charcoal Black (HG/* N) _Smoke Stone CC/ Light Camel (HG/* J) _Smoke Stone CC/ Medium Light Stone (HG/* L) _8_ Special Paint (See Below) COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE OTY 2319-080-0 I 0 Credit for pickup from Selling Dealer instead of $(135.00) $ vehicle being driven to customer (Orders for Eastern W A Area Code 509) (EAST)(Deduct) 2319-080-0 II Credit for pickup from Selling Dealer instead of $(30.00) vehicle being driven to customer (Orders for Western W A) (WEST) (Deduct) 2319-080-012 Airbag, Passenger Side Deactivation Switch $179.00 (DLR)* (See NUTSA Note Below) 2319-080-013 Cap. Locking Gas (98G) $8.00 23 19-080-014 Carpeting In Lieu of Rubber Floor Covering $ 109.00 (Includes Floorl11ats, Front and Rear)( 128) 23 19-080-0 J 5 Chrome Grille (Included w/23l9-080-0(7)(66C) $39.00 *NUTSA- MIJST BE NOTIFIED PRIOR TO DEACTIVATING PASSENGER SIDE AIR BAG - FORM AVAILABLE AT HTTP://AOJELECTRICAL~CqM/GENERAL/NHTSAFORM.ASP OR CALL DEALER TO FAX FORM. DEAU~R NEEDS CONFIRMATION PRIOR TO INSTALLATION. ;' UI'AI.I.:R INSTAI.LED (ll'1'1( IN Current Contract Information Contract No. 04608 Price Sheet Order Form Paf!c :) ~, COMMODITY OP'/JON DESCRIP1l0N ORf)ER PRICE EACII PRICE EXTENSION CODE OJY 2319-080-01 () Cruise Control (Included W/2319-0S0-(70) (525) $189.00 $ ., 23 19-080-0 I 7 Daytime Running Lighh(77D) $44.00 23 19-080-018 Differential, Limited Slip (3.27: I )(45C) 8 $109.00 872 23 19-080-0 I 9 Dome Light. Red/White Led (sound ofO(Installed)* 8 $65.00 520 2319-080-020 Fire Suppression System, Automatic (Manual $3,041.00 Switch on Headliner (Add 45 Days) (60S) 23 19-080-021 Flasher Wig Wag. Headlamp (Included w/Police $122.00 Prep Pkgs) (DLR)* 23 19-080-022 Heater. Engine Block (41 H) $30.00 23 19-080-023 Inoperative Door Jamb Light Switches on Dome $17.00 Light (478) 8 136 2319-080-024 Keys. Set of Two Instead of Four (DLR)* (Deduct) $(4.00) 2319-080-025 Lamp Prewire Group (Package Tray/Inner Decklid) $39.00 (476) 23 19-080-026 Manuals (Service, Powertrain Controls/ Emission, $204.00 Electrical Troubleshooting) (Paper)(DLR)* 23 19-080-027 Manuals, Service, on CD-ROM (same contents) $221.00 (DLR)* I 221 2319-080-028 Moldings, Front Doors installed (96A) $26.00 23 19-080-029 Mud Flaps, HD Plastic (Set of 4) (DLR)* $90.00 23 19-080-030 Power Police Pigtail (Not A vail w/Police Prep $22.00 Pkgs) (179) 23 19-080-03 1 Power Windows, Driver & Front Passenger $21.00 Controls (948) 23 19-080-032 Radio Delete (Not A vail w/23 19-080-046 or 23 19- $(84.00) 080-070) (58Y) (Deduct) 2319-080-033 Radio Prewire (2 Way Radio Connection to front $39.00 speakers)(946) 2319-080-034 Rear Inside Door Handles Inoperable-Manual locks $22.00 are operable (Not avail w/ 2319-080-035) (67R) 2319-080-035 Rear Door Locks and Handles Inoperable (67B) $22.00 23 19-080-036 Remote Keyless Entry w/Two Transmitters (14R) $222.00 23 I 9-080-037 Roof Reinforcement (185) $69.00 2319-080-038 Seats, Front. Cloth HD 50/50 Split Bench w/ Center '" $57.00 Arm Rest (Not Available w/ Police Prep Pkgs or Vinyl Rear Seat)(aIso requires 2319-080- (70)(TTP) 2.119-080-039 Seat. Aedec Prostraint Rear Scat (Prisoner Restraint $455.00 System, OEM Rear Seat Cushions and Seat Belts Placed In Trunk) (Installed) (DLR)* 'DEAl ER INSTALIJ'j) (J!'T!ON Current Contract Information Contract No. 04608 Price Sheet Order Form Page 4 CO/'vIMODITY OPTION DESCRIPTION ORDER PRICE E:\CH PRICE L.YTENSION CODE OTY 23 19-0RO-040 Seal. Laguna 3P Prisoner Transport Scat (OEM $453.00 Rear Seat Cushions and Seat Belts Placed in Trunk) (lnstalled)(Color Black)(DLR)'" 8 3,6:>4 23 19-080-041 Silicone Hoses with Aircraft Type Clanms (177) 8 $269.00 2, /52 2319-0RO-042 Spare Wheel, Additional (No Tire) (DLR)* $163.00 2319-080-043 Spotlight Prep Pkg. Only Left (Wiring, Bracket, $79.00 Bodv Prep )(51 B) 23 19-080-044 Spotlight, 6 inch, Halogen, Clear Lens, Pillar $160.00 Mounted Left (Unity 225) (Factorv) (5IA) 8 /,280 23 19-080-045 Spotlight, 6 inch, Halogen, as above, Left & Right $296.00 (PR) (51 Y) 23 19-080-046 Stereo, AM/FM/CD (Included W / 2319-080-070) $161.00 (58Z) 23 19-080-047 Traction Control (552) $152.00 2319-080-048 Trunk Pack Organizer (w/Kevlar Front Liner)(l4T) 8 $166,00 L328 2319-080-049 Trunk Release, Electric, Inside Switch Instrument $52.00 Panel and left door Mounted, Ignition Controlled Instead of Battery (61 H) 23 19-080-050 Undercoating (DLR)* $145.00 23 19-080-051 Universal Keying Fleet (Indicate Code in $44.00 Comments) (432-439) 8 352 2319-080-052 Vinyl Seat instead of Cloth (Rear only) (Not $(57.00) available w/2319-080-038) (TTI)(Deduct) 23 I 9-080-053 Wheelcovers, full wheel covers instead of hubcaps $39.00 (set4)( Included w/2319-080-067) (64N) 23 19-080-054 Wiring Harness, Roof, (No HOLE) (189) $74,00 2319-080-055 Wiring Harness, Roof (Center Hole) (Includes Roof $170.00 Reinforcement (187) 2319-080-056 Wiring, Horn! Siren Circuit (Included W/Police $35.00 Prep Pkgs) (175) 8 280 23] 9-080-057 Wiring Pkg. For Connection of Grill Lamp, Siren & $0.00 Speakers (172) 8 0,00 2319-080-058 Delayed Warranty Start (Customer Requests online $0.00 at www.fordwsd.com) (DLR)* 2319-080-059 Push Bumpers, 12 inch HD Aluminum, Selina $208.00 PB200, Set/2, Installed (DLR)* 8 1,664 23 19-080-060 Push Bumpers, 16 inch HD Aluminum. Setina $221.00 PB200, Set!2, Installed (DLR)* 2319-080-061 Push Bumpers HD. Bolted W/Oval Upper Cross $254.00 SUPPol11nstalled (PB300) (DLR)'" 2319-080-062 Push Bumpers. HD w/ Welded Upper Cross $218.00 Support (PI3400) (DLR)* 23 I tJ-080-063 Push Bumpers HD, Upgrade, fender Protectors $335.00 When Ordered With One of the Above, Installed (PBS) (l)LR)* 8 2.680 , / ''1lLAI I:R INSTALLED (Wf]ON Current Contract Information Contract No. 04608 Price Sheet Order Form Page 5 COMMODITY OPTION DESCR1P110N ORD[R PRICE EACH PRICE EXTEN.',lON CODE OTY 2319-080-064 Partition. Horizontal Sliding Center Section $427.00 S w/Lexan. Installed (Includes Full Lower Extension Panel) (Setina 10S)(DLR)* 23 19-080-065 Double Vertical Weapon System Partition. $772.00 Horizontal Sliding Center Section w/Lexan. Includes Lower Recess Extension Panel, One Standard Shotgun Lock, One Adjustable Universal Lock Including Key Override and Timer (Includes 2319-080-064) (Installed) (Setina! I ORP) (DLR)* 23 19-080-066 Manufacturer to Dealer Order Acknowledgement $0.00 Document Faxed to Customer (DLR)* 23 19-080-067 Street Appearance Group (Includes Full $138.00 Wheelcovers, Full Bodyside Moldings. Chrome Grille and Accents) (Not Avail w/Special Paint. Spotlight(s), or Police Only Exterior Colors BU,LK,LN,MM,TN,YG, LM, TM) (750A) 2319-080-068 Police Prep Package- Base (Contact Dealer for $670.00 Contents) (65A) 23 19-080-069 Police Prep Package- Complete (Contact Dealer for $1,805.00 Contents)(lndudes 2319-080-068) (68P) 2319-080-070 Comfort/Convenience Group (Includes 2319-080- $336.00 016 Cruise Control, and 2319-080-046, AM/FM /CD) (4IA) 2319-080-071 Dome/Map Light Delete (54M) $0.00 2319-080-072 Window Barrier, HDSteel,Rear Doors (Installed) (DLR)* 8 $151.00 1,208 2319-080-073 Door Panels. High Strength Aluminum, Rear Doors $163.00 (Includes 2319-080-031 & 2319-080- 035)(67B/948)(DLR)* 8 1,304 2319-080-074 Skid Plate Package. Steel (Engine, Oil Pan, $220.00 Transmission) (Installed) (DLR)* 8 1.760 2319-080-075 Special Paint, Single color (Includes Black $420.00 Bumpers and Bodyside Molding) (Spa) (5 Vehicle Min) (Indicate VSO Paint code in comments) (Add 45 days) (XX/SPIO!) 2319-080-076 Special Paint Option, Matching spa Bumper $254.00 (Requires 2319-080-075) (XX/76) 23 19-080-077 Special Paint, two color, Regular production $770.00 colors(includes matching painted bumpers) (indicate colors and paint scheme in comments) (adcl45 days)(952/953/955/956) 8 6/60 23 19-080-078 Ballistic Front Door Panel - Driver only (Acid 45 $1,127.00 Days)(90L) 2319-080-079 Ballistic Front Door Panels - Driver & Passenger $2,172.00 (Add 45 Days)(90B) 23 19-080-0lW Yisihility Lighting Package Base (Contact Dealer $1.701.00 for ContLnts)(65P) 'D"AI.IJ{ INSTAU.ED (WflON Current Contract Information Contract No. 04608 Price Sheet Order Form Page 6 COMMODf1'Y oniON DESCRIPlJON ORD!:'R PRICE EACH PRICE r;;XTENSfON CODE OTY 2319-080-081 Visibility Package Complete (Includes 2319-080- $2,689.00 069 & 2319-080-080) (Contact DeaIer for Contents)(65W) 23 19-080-082 Fire Extinguisher, 2.5# Dry Chemical ABC Rated $33.00 wi Mounting Bracket, Delivered wi Vehicle, Uninstalled (DLR)* 23 19-080-083 Flare Kit, 3 Piece Triangle wlStorage Box for $33.00 Roadside Emergency Use, Delivered w/Vehicle, Uninstalled (DLR)'" 23 19-080-084 K-9 Containment Unit (Includes #9K Partition $],389.00 w/Veltica] Self-Lifting Window w/Expanded Meta] (Setina) Installed (DLR)* 23 19-080-085 Single-Prisoner Transport Partition (requires Aedec $758.00 or Laguna Seat)(Setina)(Installed)(DLR)* 2319-080-086 Window Barriers, Rear Doors, Polycarbonatc Panel, $]56.00 Untinted (Sctina)(Installed) (DLR)* 2319-080-087 Moldings, Bodyside, Front & Rear Doors $26.00 Uninstalled (shipped loose in trunk)(96C) 2319-080-088 Stock Vehicle Upcharge (Call dealer or SPO for $250.00 availability) White, Delivery within 7 days when available (DLR)* SUBTOTAL 194901 +8.0% SST 15.592.08 TOTAL 210493.08 1) Kev code 1284X 2) Color sceme BLACK/WHITE/BLACK 3) Onlv 1 service manual is reQurired IMPORT ANT NOTICE "Aftermarket police equipment (such as communication gear) must not be mounted in the airbag deployment zone. Vehicles equipped with bench seats may not have sufficient room to mount such equipment. Bucket seats may be required. Call dealer for brochure available for police equipment mounting zones." 'IlEAlH<. INSTALlED (WfION DATE SUBMITTED: February 3,2009 BILL # 01 - 0 1J 5N AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Resolution No. 307 a for Committee Meeting Date: February 11,2009 Name Change of the Street Makayla Avenue COUNCIL MEETING Date: February 18,2009 to Sound Ridge Drive. Department: Public Works and Utilities Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Kitsap Bank took over ownership of the lots on Makayla Avenue. It is their desire to change the name of the street to Sound Ridge Drive. The name change has been coordinated with CENCOM and the United States Post Office. ATTACHMENTS: 1.) Council Summary; and 2.) Resolution No. tjo7? FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: ~ DEPARTMENT DIRECTOR: ~ c!' ~~ :~i0~=C~OR: ~ ~ ~~ ~ ~ ~'< !~4 , COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA Jk1 GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution No. 3018' to change the name of Makayla Avenue to Sound Ridge Drive. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Changing the Name of Makayla Avenue to Sound Ridge Drive Council Summary Summary Ron Burley Construction Company purchased a block of lots adjacent to Makayla Avenue. The Kitsap Bank repossessed all of the Makayla properties. For marketing purposes Kitsap Bank expressed a desire to change the name of the street. The name Sound Ridge Drive was chosen. This name was approved by CENCOM and the US Postal Service. Kitsap Bank is financially responsible for changing the street signs. Council Summary February 2009 RESOLUTION NO. 30,8 A RESOLUTION of the City Council of the City of Bremerton, Washington, changing the name of Makayla Avenue to Sound Ridge Drive. WHEREAS, Kitsap Bank owns the properties abutting Makayla A venue; and WHEREAS, Kitsap Bank requested the City to change the name of Makayla Avenue to Sound Ridge Drive; and WHEREAS, City staff has contacted and received approval from all outside agencies concerned with street name changes, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Name Change. The name of the city street Makayla Avenue is hereby changed to Sound Ridge Drive. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 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_ ,2009. CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Lcgal\Resolutions\Public Works\Makayla Namc Change Resolution.doc I Maykayla Avenue Name Change to Sound Ridge Drive DATE SUBMITTED: February 4, 2009 BILL # 01- o4~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL so ........................................................................................ SUBJECT: Approval of State Participating Agreement for Manette Bridge Residential Demolition Committee Meeting Date: February 11,2009 COUNCIL MEETING Date: February 18,2009 Department: PW &U Presenter: Phil Williams Phone: 473-5315 SUMMARY: The Washington State Department of Transportation (WSDOT) requests City assistance in the demolition and removal of the existing 4-unit residential structure located at 650 Washington Avenue in Bremerton, Washington. ATTACHMENTS: 1.) Council Summary; 2.) State Participating Agreement FISCAL IMPACTS (Include Budgeted Amount): Full reimbursement from Washington State Department of Transportation. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~r~4' CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the State Participating Agreement for demolition of 650 Washington Avenue with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCIL SUMMARY INTER LOCAL AGREEMENT WITH WSDOT FOR 650 WASHINGTON AVENUE Summary As pat1 of the upcoming Manette Bridge replacement, WSDOT has previously requested the City of Bremerton's assistance in the acquisition of right of way for the construction with Resolution No. 3072 approved November.5, 2008. As part of this continuing assistance, WSDOT has requested the City to complete the demolition and removal of the existing 4-plex apartment building located at 650 Washington A venue. This includes all work required to secure the premises in the interim before demolition, a hazardous waste survey and abatement, all permits, demolition of the structure and proper disposal of the waste, erosion and traffic control, and grading of the site. Fiscal Summary Work has been estimated by the City to cost $48,575. WSDOT will be fully reimbursing the City for all direct and non-direct expenses involved with completion of this work. ...... Wi Washington State Department of Transportation Douglas B. MacDonald Secretary of Transportation Olvmpic Region Headquarters 5720 Capitol Boulevard, Tumwater P,O. 80x 47440 Olympia, WA 98504-7440 360.357-2600 Fax 360-357-2601 TTY: 1.800.833-6388 www.wsdot.wa.gov February 3, 2009 City of Bremerton 3027 Olympus Drive Bremerton, WA 98310-4799 Manette Bridge, Residential Demolition GCA-6000 Attn.: Gunnar Fridriksson Project Engineer Dear Sir: Attached for execution are the original and duplicate original of the above mentioned agreement. After signing both originals, please return them to me for further processing. One original of the agreement will be returned to you for your records. If you have any questions, please call me at (360) 357-2621. Sincerely, Neil Knect Agreements Engineer NK:nk Attachment: GCA-6000 cc: file ~ w Washington State Department of Transportation i Organization and Address State Participating Agreement City of Bremelion 3027 Olympus Drive Bremelton, W A 98310 Work by Local Agency Actual Cost 650 Washington Ave., Manette Bridge Vicinty ---_.._~-_.__._---- ------ --- ----, -- -------.".--- ---"._-- Agreement Number ---------- GCA -6000 -------------------r------------- State Route_Number ~:_~:~~~::on Number Region Description of Work . Exhibit A - Description of Wark Exhibit B - Estimate of Cost Olympic Region THIS AGREEMENT, made and entered into this - _ day of , _ _ , between the 8T ATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the "STATE") and the above named organization, (hereinafter the "LOCAL AGENCY"). WHEREAS, the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith, the STATE has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS, the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The LOCAL AGENCY, as agent acting for and on behalf of the STATE, agrees to perform the above "Description of Work". Plans, specifications and cost estimates shall be prepared by the LOCAL AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted. The LOCAL AGENCY will incorporate the plans and specifications into the LOCAL AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit "B", attached hereto and by this reference made a part of this AGREEMENT, to the STATE for approval prior to advertising the project. The STATE may. if it desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by the STATE. All contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative. DOT Form 224-067 EF Revised 10/2001 The STATE agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. II PAYMENT The 8T ATE. in consideration of the faithful performance of the work to be done by the LOCAL AGENCY, agrees to reimburse the LOCAL AGENCY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the LOCAL AGENCY at the STATE's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the LOCAL AGENCY, to cover costs incurred. The~e payments are not to be more frequent than one (1) per month'. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The LOCAL AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the LOCAL AGENCY has completed the work. III DELETION OF WORK In the event the estimate of cost, Exhibit "A", is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of cost by more than 15 percent, the STATE shall have the option of directing the LOCAL AGENCY to delete all or a portion of the work covered' by this AGREEMENT from the LOCAL AGENCY's contract. Except, that this provision shall be null and void if the STATE's portion of the work exceeds 20 percent of the actual total contract bid price. The STATE shall have five (5) working days from the date of written notification to inform the LOCAL AGENCY to delete the work. Should the STATE exercise its option to delete work, the STATE agrees, upon billing by the LOCAL AGENCY, to reimburse the LOCAL AGENCY for preliminary engineering costs incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. IV EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit. A", this AGREEMENT will be modified by supplemental AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a wntten modification, change order or extra work order approved by the STATE. V RIGHT OF ENTRY The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the STATE's facilities shall be at the sole cost of the STATE and without expense to the LOCAL AGENCY. VI LEGAL RELATIONS No liability shall attach to the LOCAL AGENCY or the STATE by reason of entering into this agreement except as expressly provided hel:ein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By Title Date DOT Form 224-067 EF Revised 10/2001 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By Title Date GCA-6000 Exhibit A Description of Work Removal of the 4-unit residential structure located at 650 Washington Avenue, Bremel1on, WA 98337, including permitting, securing the structille and worksite from unwanted entry, testing and abatement of hazardous materials, disconnection of utilities, erosion control, traffic control, demolition of structure, hauling and disposal of demolition debris, grading and leveling of the site. GCA-6000 Exhibit A Page I of 1 GC A -6000 Exhibit B Estimate of Cost Permit Costs (Shoreline, Demo, and Sewer Cap) Asbestos Abatement Demolition and Removal 5% Contingency $350.00 $6,000.00 $39,500.00 $2,725.00 Administrative Overhead (1) $0.00 TOTAL $48,575.00 Note: (1) per Overhead Agreement OH-00166 GC A -6000 Exhibit B Page I of I DATE SUBMITTED: February 10,2009 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL c;Cf- 043 5P ........................................................................................ SUBJECT: Approval of Remedial Action Grant Agreement with the Department of Ecology for the Former Chevron Property. Committee Meeting Date: February 11,2009 COUNCIL MEETING Date: February 18, 2009 Department: PW &U Engineering Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The Washington State Department of Ecology has offered the City a Remedial Action Grant to provide 90% reimbursement of costs associated with the implementing the Agreed Order at the former Chevron Property. The Grant has essentially the same terms and conditions and will replace the 75% reimbursement Grant approved by the City Council on June 4, 2008. $1,176,750 is offered at this time. ATTACHMENTS: 1) Council Summary; 2) 75% Reimbursement Grant (Example of Terms and Conditions). FISCAL IMPACTS (Include Budgeted Amount): This grant provides funding for the Remediation Work at the former Chevron Property. This is not included in the 2009 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Remedial Action Grant Agreement with the State of Washington Department of Ecology, 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 COUNCIL SUMMARY REMEDIAL ACTION GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE FORMER CHEVRON PROPERTY Summarv The State of Washington Department of Ecology offered, and the City accepted Grant No. G0800507 for remediation of the former Chevron Property. That Grant was for 75% reimbursement of costs for the Site Investigation, RIIFS, Cleanup Action Plan, and the Site Cleanup Interim Action. The Department recently indicated they would provide 90% reimbursement for the same project activities. Rather than amend the existing agreement, Ecology has elected to cancel it, and execute a new agreement with the same terms and conditions for the increased reimbursement. Staff anticipates receipt of the new agreement in the coming weeks. Fiscal Summarv This grant provides funding for the Remediation of the former Chevron Property. Grant Funding Offered Match Required $1,176,750 (90%) $130,750 (10%) February 2009 Remedial Action Grant Agreement Council Summary Grant No. G0800507 Oversight Remedial Action Grant Agreement with City ofBremerton REMEDIAL ACTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as the DEPARTMENT, and the City of Bremerton, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. RECIPIENT ADDRESS 3027 Olympus Drive Bremerton, W A 98310-4799 RECIPIENT REPRESENTATIVE Thomas Knuckey, Engineer, RECIPIENT TELEPHONE NUMBER FAX (360) 473-2376 (360) 473-5398 RECIPIENT PROJECT MANAGER Thomas Knuckey, Engineer DEPARTMENT GRANT MANAGER FAX Diane R. Singer, (360) 407-6062 (360) 407-6102 DEPARTMENT TECHNICAL STAFF Panjini Balaraju, (306) 407-6161 FUNDING SOURCE Local T oxics Control Account STATE GRANT SHARE $1,569,000 $1,176,750 $392,250 MAXIMUM ELIGIBLE COST LOCAL SHARE STATE MAXIMUM GRANT PERCENT 75% FEDERAL TAX IDENTIFICATION NO. 91-6001231 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton The effective date of this grant agreement is October 1, 2005. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than June 30, 2009. SITE HISTORYIBACKGROUND The Former Chevron Property is a 1.4 acre waterfront property located on the Port Washington Narrows at 1310 Highland Avenue in Bremerton, Washington. The site formerly contained a bulk fuel distribution facility, which operated from prior to 1946 until circa 1988. As determined by several past environmental investigations, still petroleum contamination exists in soil and groundwater at the site as a result of past fuel releases. Products handled at the former bulk fuel distribution facility consisted primarily of diesel and gasoline. The site is divided into two operations areas known as the "upper yard" and "lower yard." The "lower yard" was the former location of fuel loading and offloading operations. Fuel was offloaded from barges at a fueling pier in the Port Washington Narrows and pumped through above-ground piping to twelve (12) above- ground storage tanks (ASTs) located in the upper yard. Fuel was loaded from the ASTs to tanker trucks at four loading racks in the lower yard through above-ground piping. An exception is piping south of the former garage, which extended underground beneath the driveway to supply fuel to the southwestern loading rack. All above-ground piping in the vicinity of the former garage was removed. While operating as a bulk fuel storage facility, shoreline modifications were implemented at the site, including filling and shoreline armoring. The armored shoreline has been failing in recent years due to the lack of maintenance. AGREED ORDER NO. DE-07TCPHQ-5024 Remedial activities will be performed in compliance with the Agreed Order. The document Work Plan for Remedial Investigation/Feasibility Study, Interim Action, and Shoreline Restoration (Work Plan), Former Chevron Property, Bremerton, Washington (Parametrix 2007) is included in the Agreed Order. CURRENT STATUS The Former Chevron Property is owned by the City of Bremerton and is currently a vacant lot. All above-ground structures have been removed. The site is listed on the DEPARTMENT'S Confirmed and Suspected Contaminated Sites List as Facility ID No. 2618. 2 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton REMEDIAL ACTIVITIES Remedial activities under the agreed order will include a remedial investigation/feasibility study (RIfFS) to determine the nature and extent of contamination remaining at the property. As a part of the remedial investigation, a number of soil borings will be drilled for collecting soil samples at appropriate depths. These soil samples will be analyzed for the petroleum related contaminants of concern for defining both lateral and vertical extent of contamination. In addition, three new monitoring wells will be installed for the groundwater investigation. Both new and existing groundwater monitoring wells will be sampled to determine the current contaminant concentrations, as well as to define the extent of petroleum-related contamination. Data derived during the RIfFS will be used to develop and refine an Interim Action to address the contamination. The interim action will be intended to meet the Model T oxics Control Act requirements for a cleanup action. The interim action will consist of: · Removal of sources through the excavation of contaminated soils. · In-situ chemical oxidation/reduction of other remaining minor residual soil contamination. · In-situ enhanced bioremediation of dissolved and adsorbed hydrocarbons in the contaminated plume using oxygen-releasing compounds. A Pilot Study will be performed during the feasibility study to test the selected in-situ chemical oxidation process. During this process an appropriate chemical and its quantity will be determined for treating all residual source areas as a part of the final treatment. After the Interim Action has been successfully implemented, the shoreline will be restored. Restoration will be designed to return the majority of the site's shoreline to a natural beach profile. All bulkheads and existing fill soils along with the site's southern shoreline will be removed. The new beach will be sloped to match existing natural beaches in the area and will be surfaced with sand and gravels appropriate for forage fish spawning (beach nourishment). To the north of the beach, a pocket beach will b e constructed which will also be surfaced with beach nourishment. OUTCOMES EXPECTED It is expected that the Interim Action will reduce the contaminant concentrations at the site to near or below the cleanup levels establIshed under the Work Plan. The Interim Action will remove an ongoing source of petroleum contamination to Port Washington Narrows. Residual contamination will continue to be reduced over time by natural attenuation. Shoreline Restoration will replace pre-existing shoreline habitat and provide a safe recreational beach area. 3 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Settlements with Potentially Liable Persons and Insurance ComDanies If the RECIPIENT successfully pursues a future private right of action against a potentially liable person, the local government shall reimburse the DEPARTMENT for a proportionate share of the money received. Furthermore, if the RECIPIENT receives future proceeds from an insurance claim, and the amount is greater than the difference between the total remedial action costs and the DEPARTMENT's grant, then the RECIPIENT must reimburse the DEPARTMENT for any project expenditures funded by the grant. SCOPE OF WORK This grant will cover the costs associated with the remedial activities that meet the eligibility requirements of the Remedial Action Grant Program Guidelines (Ecology Publication #07-07-032 October 2007) and the Administrative Requirements for Ecology Grants and Loans (Ecology Publication #91-18 Revised September 2005). Indirect costs are limited to 25 percent of the salaries and benefits applied directly to the project (see Additional Budget Conditions). Legal fees associated with this project are not grant eligible. The task(s) set forth below summarize the RECIPIENT's activities, budget(s), and schedule(s). 1. PROJECT TASK: SITE SEDIMENT INVESTIGATION Schedule: October 1, 2005 to May 31, 2006 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: . Prepare a draft and final sampling and analysis plan. . Plan field investigation to investigate site sediment for contamination. . Perform sampling/analysis for contaminants of concern in sediments. Including bioassay testing to define the extent of sediment contamination. . Prepare a sediment investigation report. All sampling data shall be submitted to the Department of Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Department of Ecology's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in the withholding of grant funding. 4 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 2. PROJECT TASK: REMEDIAL INVESTIGATIONIFEASIBILITY STUDY WORK PLAN AND AGREED ORDER Schedule: August 27,2006 through December 31, 2007 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: . Prepare and submit to the DEPARTENT a draft RI/FS and Interim Action Work Plan (work plan) for review. . Prepare a final work plan based on the DEPARTMENT's comments for approval. . Coordinate with the DEPARTMENT in finalizing an Agreed Order for the site. . Prepare a SEP A checklist for the Determination of Non-Significance. . Prepare and implement a public involvement plan. . Perform project management and administration All sampling data shall be submitted to the Department of Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Department of Ecology's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in the withholding of grant funding. 3. PROJECT TASK: REMEDIAL INVESTIGATIONIFEASIBILITY STUDY AND DRAFT CLEANUP ACTION PLAN Schedule: December 31,2007 through March 30, 2010 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: · Install additional/new groundwater monitoring wells to investigate for the extent of groundwater contamination. · Drill soil borings to redefine the extent of soil contamination including sources. · Perform soil and groundwater sampling and · Prepare and submit to the DEPARTMENT a draft pilot scale study technical report/proposal for review and approval. 5 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton · Perform chemical oxidation pilot scale study · Prepare and submit to the DEPARTMENT for review and approval, a draft chemical oxidation technical plan for the full scale treatment. · Complete the Remedial Investigation/Feasibility Study report and Cleanup Action Plan and submit to the DEPARTMENT for review and approval All sampling data shall be submitted to the Department of Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Department of Ecology's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in the withholding of grant funding. 4. PROJECT TASK: INTERIM ACTION Schedule: June 15,2008 through February 25, 2010 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: · Based on the RI results, prepare and submit an excavation plan to the DEPARTMENT for review and approval. · Site preparation/remove clean overburden. · Perform source soil excavation to remove hot spots and dispose of the contaminated soils. · Confirmation soil sampling and analysis. · Backfill the excavation with the clean soil and gravel. · In-situ oxidation for the treatment reduction of the other source areas including the material and injection costs. · Enhance bioremediation including the material and injection cost. · Interim Action Project management and field oversight. FUND SOURCE Costs are approved consistent with the most recent budget plan. To change how funds are spent, the RECIPIENT must request in writing to revise the budget plan, and the DEPARTMENT must approve this request in writing and approve the revised budget plan by date and signature. Revised budget plans the DEPARTMENT approves are incorporated into this agreement by reference. 6 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Total Eligible Project Cost $1,569,000 Local Taxies Control Account $1,176,750 75% Cash Match 25% $392,250 BUDGET PLAN 7 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City ofBremerton ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible; the RECIPIENT may charge 25 percent of the RECIPIENT salaries and benefits applied directly to the project as overhead. 2. The fiscal office will monitor expenditures at the task level. A letter amendment is required to redistribute costs among tasks. A formal amendment is required to increase state funding. 3. The maximum allowable amount from LTCA is $1,176,750. 4. Cash match will pay all remaining costs. 5. The RECIPIENT must submit supporting documentation for all costs incurred organized by project task. 6. The RECIPIENT contact and telephone number for billing/invoice questions is Cathy Johnson, Finance Officer, City of Bremerton, (360) 473-5296. 7. Payment to the RECIPIENT from the DEPARTMENT shall be made payable to the City of Bremerton, 345 6th Street, Ste 600, Bremerton, W A 98337-1873. 8 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton SPECIAL TERMS AND CONDITIONS A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RECIPIENT'S jurisdiction, the RECIPIENT agrees to use the DEPARTMENT'S goals for MBE and WBE participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6% WBE Architecture/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and the DEPARTMENT shall not base any contract award or rejection on whether the RECIPIENT achieves the goals. The DEPARTMENT encourages achievement of the goals, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this agreement: 1. Include qualified MBEs and WBEs on solicitation lists. 2. Make sure to solicit qualified MBEs and WBEs whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit qualified MBEs and WBEs to take part as much as possible. 4. Establish delivery schedules, where work requirements permit, which will encourage qualified MBEs and WBEs to take part. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises ofthe U.S. Department of Commerce, as appropriate. By signing this agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). 9 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton The RECIPIENT shall report to the DEP AR TMENT at the time of submitting each invoice, on a form provided by the DEPARTMENT, payments made to qualified firms. The FORM D report includes: 1. Name and business identifier of any OMWBE-qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. B. PROCUREMENT AND CONTRACTS 1. The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in the Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005). 2. Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to the DEPARTMENT. 3. Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the DEP AR TMENT for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to the DEPARTMENT. C. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify the DEPARTMENT if it used contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. D. SEPA COMPLIANCE To ensure that the state and local government officials consider environmental values when making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy Act (SEP A), Chapter 4I.23C RCW, and the SEP A Rules, Chapter 197 -11 WAC. The RECIPIENT shall send copies of the SEPA documents to the DEPARTMENT'S Environmental Review Section, appropriate regional office, and Solid Waste and Financial Assistance Program- Headquarters Section. 10 Giant No. G0800507 Oversight Remedial Action Grant Agreement with City ofBremerton E. FAILURE TO COMMENCE WORK In the event the RECIPIENT fails to commence work on the project funded herein within six (6) months after the effective date of this grant, the DEPARTMENT reserves the right to terminate this grant. F. GRANT PROJECT REPORTING Progress Reports: The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request. These reports shall be in accordance with the DEPARTMENT-approved reporting format as indicated in the Remedial Action Grant Guidelines, Publication #07-07-032 (Revised 2007), Appendix 3. The DEPARTMENT shall not approve payments without the required progress reports. The RECIPIENT shall complete and submit to the DEPARTMENT a spending plan projecting monthly expenditures for the time period of October 1, 2005 to June 30, 2009. The spending plan will be updated and submitted quarterly and reported with the progress report should there be any changes. The RECIPIENT shall also submit a 10 year budget forecast to the DEPARTMENT and provide updates as appropriate or requested by the DEP AR TMENT. Progress reports and spending plan forms can be found on the DEPARTMENT'S web site at http://www.ecv.wa.gov/programs/swfalgrants/rag.html, and in the Remedial Action Grant Guidelines, Ecology Publication #07-07-032 (Revised 2007). G. COMPENSATION The DEPARTMENT shall reimburse the RECIPIENT for eligible costs at least quarterly and no more than once a month. The RECIPIENT shall submit each request for payment on state voucher request forms the DEPARTMENT provides; the RECIPIENT shall include documentation of the expenses. The payment request form and supporting documents must itemize all allowable costs by major elements as described in the Scope of Work and approved budget plan. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans," published by the DEPARTMENT. All costs submitted must have supporting documents. H. GOVERNING LA W The laws of the state of Washington shall govern this agreement. II Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 1. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for direct payment of salaries, consultant's fees, or any other costs related to the project described herein. 2. To the extent that the Constitution and laws of the state of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property, arising from the negligent act or omissions of the party or that party's agents or employees, while performing under this agreement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify the DEPARTMENT if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT must also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHP A) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). K. PRECEDENCE In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) Scope of Work and approved budget plan; (c) Special Terms and Conditions; (d) Remedial Action Grant Program Guidelines (e) any terms incorporated herein by reference including the Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms and Conditions (SS-OlO Rev. 05/02). L. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended "General Terms and Conditions," the latest approved budget plan, and the DEPARTMENT'S Administrative 12 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City ofBremerton Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005), contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment( s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made part of this agreement; EXCEPT a letter of amendment will suffice to change the DEPARTMENT'S grant manager or the RECIPIENT'S project coordinator or to extend the period of performance as set forth in the grant agreement and the DEPARTMENT'S grant manager may approve, by date stamp and signature, a revised project budget plan. GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT'S employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUB GRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. 13 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 14 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City ofBremerton 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resoluticm hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-B3 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-B3, if the RECIPIENT expends $300,000 or more in a year in Federal funds. The $300,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty (20) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation ofthe expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. 15 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT'S request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT'S performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT'S sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section 1.6. herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. 16 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City ofBremerton A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEP AR TMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.l above. When this agreement crosses the RECIPIENT'S fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT'S governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. 17 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 D.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the D EP AR TMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT'S current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEP AR TMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEP AR TMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT'S possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply ifthe project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 18 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. RECYCLEDffiECYCLABLEPAPER All documents and materials published under this agreement shall be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT'S sole discretion, be required to repay to the DEP AR TMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate oftwelve percent (12%) per annum from the time the DEPARTMENT demands repayment of funds. Ifpayments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. 19 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEP AR TMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 20 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out ofthis agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-OlO Rev. 05/02 IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF BREMERTON Laurie G. Davies Date Program Manager Solid Waste and Financial Assistance Authorized Official Date Printed Name and Title Approved as to form only Assistant Attorney General 21 bA TE SUBMITTED: January 27,2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# () r - C)~O 'A ........................................................................................ SUBJECT: Scheduled replacement of four Committee Meeting Date: (4) staff vehicles in the Police Depflrtmen...t. COUNCIL MEETING Date: ~ Ad&(1hI;{) of ~YiI)I1 lIIo.?XJ71 1 Department: t/ppr{)Vlnq ~ ~rJI~rl'ziTJtlcl ~illt !PIrtL ~~~f'r Presenter: ~ jdU('Cfclu ~f ~r DPrJ;t Vtnl/tq~/J~ 6rmr Phone: Vlhic/es. SUMMARY: Budget year 2009 shows authorized replacement of four staff vehicles. Three are 1999 Ford Taurus' and one is a Ford Crown Victoria. The requested vehicles are 2009 Dodge Avengers (.. purchased off Washington State Contract #04508. The authorized dealer under this contract is Dwayne Lane Fleet HQ of Everett, W A. Total cost for this purchase (without police equipment) is $75,877.16 including sales tax. The replacement vehicles will be placed on a 10-year linear replacement collection within the ERR Fund (Department 46, Fund 510) based on their final cost to the City. The EPA mileage rating of these vehicles is 19 mpg city and 27 mpg hwy. '1- ?1A1'1:.hI~d .f..rp{'l\ 73rQ.M(!.y~n Dt9aqe... - 5U Mt~~ I A TT ACHMENTS: Copy of 2009 Washington State Contract #04508 February 11,2009 February 18,2009 PW&U Jim Orton 473-5359 FISCAL IMPACTS (Include Budgeted Amount): Replacements are funded through Fund 510. Total cost is estimated to be $80,000, including the purchase cost, equipment, and labor necessary to place them into service. The Police Department will be responsible for any costs incurred that exceed the amount available in the Fund 510 for replacements. APPROVALS: DEPARTMENT DIRECT CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~~r CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to Rf>flr9ue tke rhlldld~t: uf fuul (4) Dudgc Avcnger poliGe. -'8taffvG~iele: thwYgR ~@ ~tat@ efWt\c;llillgtuIl CUIltH1~.l fle45e8<r8b<:JdctcbpJ/U~iv2 710. 3';79 IJfe~vl(lq ~ aU'Hl()(7UIl9 ds/)/e ~alrCRt)rtWcf Y/>rWu.p"~t1~ ~f ~p, lPd9t- rlvb1t(tr' pilia 51A{f w./ll'cll.f. COUNCIL ACTION: ~prove D Deny D Table D Continue D No Action RESOLUTION NO. 3079 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving and authorizing a sole source contract for the purchase of four Dodge Avenger police staff vehicles. WHEREAS, BMC 2.76.090 provides exemptions to the competitive bidding requirements for the City of Bremerton under certain circumstances where purchases are market conditions or where bids would not be practicable or in the City's best interests; and WHEREAS, BMC 2.76.040 provides for a local preference when reviewing bids; and WHEREAS, the City will save money by purchasing the Dodge Avengers locally; and WHEREAS, the City Council desires to waive the bidding requirement and authorize a sole source contract for the purchase of four Dodge Avenger police staff vehicles from Bremerton Dodge; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. The bidding requirements for the purchase of four Dodge Avenger police staff vehicles are hereby waived. SECTION 3. The Fleet Manager is authorized to purchase four Dodge Avengers from Bremerton Dodge in the amount of$16,895.00 each, including sales tax. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. 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 _ ,2009. CECIL McCONNELL, Council President I Police Staff Vehicles APPROVED AS TO FORM: R:\Legal\Legal\Resolutions\Police\A venger Sole Source.doc ATTEST: CAROL ETGEN, City Clerk 2 Police Staff Vehicles Currcnt Contract Information Contract No. 04508 Prke Sheet Order Form Page 5 TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STA11<.: FORM A.-15A PURCHASE REQUI...,,/110N TO OFFICE OF STATh; PROCUREMENT BEFORE MARCH 31.2009. ONLINE ORDERS MAY BE PLACED AT hlt{J.I':/lliJrtress. W([. r:m'lgalille/h'ehref/lJ1c1lJ/umu.htm. TO MINIMIZE PRODUC110N DEIA YS ORDER ,ts EARLY AS POS,\'/ lJIE VEHICLE TYPE: 4 DOOR SEDAN /\UTOMOI3ILE: MID SIZE SEDAN 6CYL MAKE/MODEL: DODGE AVENGER SE EQU IPMENT INCLUDED IN NET PRICE - Air Bags. Driver & Front Passcnger w/Side Airbags Front & Rear _ Auxiliary Power Outlets - 2.4 Liter 4 Cylinder Gas Engine (173 HP) _ Mirrors. Dual Power - 4 Speed. Automatic Overdrive Transmission _ Electric Rear Window Defroster - Power Steering _ All Factory Standard Equipment Including: - P2 I5I65R 16 Steel Belted All Season Radial Tires (I) Inside Emergency Trunk Release - Compact Spare Ti" and Wheel Cloth Fmnt Backet Seal', Reue 60140 Folding BenCh - Power Brakes, 4 Wheel Anti Lock Brake System (BRl) (5 Passenger Seating) - Intermittent Wipers Tire Pressure Monitoring System - Air Conditioning Height Adjustable Power Driver's Seat - Light Tinted Glass All Around Height Adjustable Frant Seat Belts - Cruise Contralrrilt Steering Whee] Power Windows/Door/ocks - Color Keyed Carpeted Floor Mats (F&R) 36 Month/36,000 Mile Warranty, 5 Yr/60.000 Mile - AM/FM Radio w/CD/mp3 Powertrain (DLR) - Set of Four Keys, Remote Keyless Entry W rrwo Transmitters CA EMISSION LEVEL CERTIFICATION SULEV1 Gas Mileage 21 City 30 Hwy CRASH TEST RATINGS FRONTAL(D~) ~5 SIDE (FIR) 5/4 ROLLOVER 4 Mercury Free Vehicle Lead Free Wheels Weights DEALER: Dwayne Lane Fleet HQ (W 1675) 7800 Evergreen Way Everett, W A 98203 DEALER CONTACT: Bob Romberg or Holly Malcolm PHONE: 1-425-754-5087 EMAIL: Ffcel@dwaynelane.com FEDERAL TAX ID NO.: 91-13]76]4 PA YMENT TERMS *$100 Per Vehicle Discount for Payment Within 20 Days of Delivery, Net 30 DELIVERY: 90 Days NET PRICE: (Vehide eqaipped as above, deli vcred to any point within the State of Washington, exclasi vc of Fooernl Excise and before 8.9% State Sales Tax including a .3% Vehicle Tax): COMMODITY CODE VEHICLE DESCRIP110N ORDER OTY PRICE EACH PRICE EXTENSION 2319-050-00 I Automobile, Midsize, 4 Door Sedan, 2009 Dodge Avenger SF (lSDH41/25Y) NO COST EXTERIOR COLORS: INDICATE QUANTITY OF COLOR(S) SELECTED 5to"" Whitc_ l3/ack_. Modern Blue__, Bright Silver~, Silver Steel_2_. Light Sandstonc__J_. (Complimentary ~landard interior color will he seleclt:d hy Dealer). $15,729.00* $ 4 (I) Tire Chain Compatible Current Contract Information Contract No.O.+50X Price Sheet Order Form Page 8 COMMODITY OPTION DESCRIPTION ORDER OTY PRICE EA.CH PRICE EXTENSION CODE 2J 19-055-0 I () Credit for pickup fronl selling Dealer (Orders for $(50.00) $ Eastern W A, Area Code 50l)) (DLR)* (Deduct) 2311)-055-011 Credit for pickup from selling Dealer (Orders for $(50.00) Western W A, Area Codes 206. 253, 360, 425) (DLR)* (Deduct) 2319-055-012 Alternative Seating, Flip & Fold Rear Bench $245.00 Seat(AM9) 23 19-055-013 Alternative Seating. 40/20/40 Split Front Bench, $162.00 Cloth (AN3) 2319-055-014 Engine B lock Heater (K05) $63.00 2319-055-015 Floor Mats Delete (-B34)(Deduct) $(100.00) 2319-055-016 Kevs, Set of 2 Instead of 4 (Deduct) (DLR)* $(30.00) 2319-055-017 Mud Flaps, Plastic (Set 4) (DLR)* $115.00 2319-055-018 Remote Keyless Entry Additional Transmitter $105.00 Coded to Vehicle (DLR)* 2319-055-019 Spare Tire, Full Size (Loose in Trunk)(DLR)* $145.00 2319-055-020 Spotlight, 6" Clear Lens, Pillar Mounted, $395.00 Lcft(DLR)* 2319-055-021 Stock Vehicle Upcharge, Dealer Stock Vehicle $250.00 With All Contract Required Equipment. (Call Dealer For Availability) (No Other Factory Options Available) (Delivery Within 7 Days When Available) (DLR)* 2319-055-022 Manufacturer To Dealer Order $0.00 Acknowledgement Document Faxed to Customer (DLR)* 2319-055-023 . On-Star Safe & Sound Subscription I Yr $115.00 ( Contact DLR For Details) (UPF) 2319-055-024 Fire Extinguisher, 2.5# Dry Chemical ABC Rated $28.00 :YVI Mounting Bracket, Delivered WI Vehicle, Uninstalled (DLR)* 2319-055-025 Flare Kit, 3 piece Triangle WI Storage Box for $30.00 -- Roadside Emergency use, Delivered WI Vehicle. Uninstalled (DLR)* 2319-055-026 Cap, Locking Gas (DLR)* $20.00 SUBTOTAL +8.0% SST TOT A.L \ , 'l)LAI.~R INSTAI.I.~[) OPTION DATE SUBMITTED: February 4,2009 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6 q - 041- 7A ........................................................................................ SUBJECT: Public hearing for the amendment of the Comprehensive Plan and Zoning Code for the adoption of the Bay Vista Sub Area Plan. Committee Meeting Date: February 11,2009 COUNCIL MEETING Date: February 18, 2009 Department: DCD Presenter: Andrea L. Spencer Phone: 360.473.5283 SUMMARY: The City's 2004 Comprehensive Plan encourages the preparation of sub area plans for several areas of the city, one of which is the Westpark site. In 2007 the City adopted the Westpark Sub-Area Plan. Since 2007, additional site analysis has been conducted and the Bremerton Housing Authority (BHA) has determined that it is desirable to make changes to the adopted Westpark Sub-Area Plan to foster redevelopment of the site. BHA has also formally renamed the site "Bay Vista." After an extensive public outreach process BHA developed a revised plan proposal, the Bay Vista Sub Area Plan, and it is this plan that is now before the Council for review and approval. The proposed ordinance accomplishes three things: 1) Repeals the Westpark Sub Area Plan as adopted by Ord. No. 4998 2) Adopts the Bay Vista Sub Area Plan as part of the Comprehensive Plan. This amendment to the Comprehensive Plan was authorized by Resolution No. 3076 which allowed consideration of this amendment outside of the annual cycle. 3) Amends BMC Section 20.80.080, Master Development Zone, which will activate the development standards contained within the Bay Vista Sub Area Plan. ATTACHMENTS: 1) Proposed Ordinance & Bay Vista Sub Area Plan 2) Planning Commission meeting minutes 3) Summary Comparison of West park to Bay Vista Plan FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~4 CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5077 to repeal the Westpark Sub Area Plan as adopted in Ordinance No. 4998, to amend the Comprehensive Plan to include the Bay Vista Sub Area Plan and to amend BMC Section 20.80.080 to activate the development regulations detailed in the Plan. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5077 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing the Westpark Sub Area Plan as adopted by Ordinance No. 4998, amending the Comprehensive Plan by adding the Bay Vista Sub Area Plan, and amending the Zoning Code Section 20.80.080(a) to activate the development standards contained within the plan. WHEREAS, the Washington State Growth Management Act authorizes the preparation of sub area plans; and WHEREAS, the City of Bremerton has adopted a comprehensive plan under the provisions of Chapter 36.70A RCW that includes policies for the creation of sub area plans; and WHEREAS, the City passed Ordinance No.4917 designating the Westpark site as a Public Sector Redevelopment Site (PSRS) in the 2004 Comprehensive Plan which indicates that the site possesses significant potential for redevelopment and that it provides a unique opportunity to benefit the community; and WHEREAS, the Comprehensive Plan requires that a sub-area plan be prepared for PSRS-designated properties, which plan must involve the community in its preparation, be consistent with Comprehensive Plan goals and policies, and contain development standards and design guidelines; and WHEREAS, in 2007, following extensive community involvement, public hearings and environmental review pursuant to the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEP A), the City Council passed Ordinance No. 4998 adopting a sub-area plan for the Westpark site which amended the Bremerton Comprehensive Plan and Zoning code; and WHEREAS, in 2008, the owner of Westpark, Bremerton Housing Authority (BHA), renamed the proposed redevelopment project "Bay Vista"; and WHEREAS, the BHA has continued to evaluate the site's opportunities and physical constraints, along with changing economic and market conditions, and financial requirements for redevelopment, and has determined that modifications to the adopted Westpark Sub-Area Plan and development regulations are required to enable redevelopment to be economically viable; and WHEREAS, the BHA has undertaken an extensive public participation process by conducting six weekly evening workshops between September 2008 and October 2008 to discuss the amendments to the sub-area plan and gather public input on the early draft of the plan; and 1 Bay Vista Sub Area Plan WHEREAS, the Planning Commission received an overview of the proposed amendments to the sub-area plan at its regular meeting on November 18, 2008; and WHEREAS, the draft Bay Vista sub-area plan was made available for public review and comment on December 5, 2008; and WHEREAS, pursuant to RCW 36.70A.I06 the Washington State Department of Community, Trade and Economic Development was provided the 60-day notification on December 8, 2008 of amendments to the comprehensive plan and development regulations as a result of the sub-area plan update and the submittal was assigned "Material ID #13792"; and WHEREAS, the Planning Commission conducted a workshop to discuss the proposed sub-area plan and development regulations at its regular meeting on December 16, 2008; and WHEREAS, a legal advertisement was placed in the Kitsap Sun on January 10, 2009 notifying the public of the opportunity to provide testimony at the Planning Commission public hearing; and WHEREAS, on January 20, 2009 the Planning Commission held a public hearing on the proposed sub-area plan and development regulations, considered public comment, and made a recommendation of approval for the City Council's consideration; and WHEREAS, on January 20, 2009 a combined Determination of Significance and Adoption of the Westpark Environmental Impact Statement notice was issued to comply with the requirements of the State Environmental Policy Act (SEPA); and WHEREAS, the Comprehensive Plan amendment to include the Bay Vista Sub- Area Plan meets the decision criteria outlined in BMC 20.10.080(b)(1) through (5): It is consistent with the Growth Management Act, it is consistent with the Comprehensive Plan vision for the site and other goals and policies of the City, it supports the changing circumstances since the adoption of the Westpark Sub-Area Plan, the plan is compatible with the surrounding development patterns, the plan does not adversely affect the City's ability to provide urban services at the planned level of service, and bears a reasonable relationship to benefitting the public health, safety and welfare.; and WHEREAS, the Zoning Code amendment to activate the development standards contained within the Bay Vista Sub-Area plan meets the decision criteria outlined in BMC 20.18.020 (d), as the plan is consistent with the Comprehensive Plan and it does not conflict with other City, state and federal codes, regulations and ordinances; and WHEREAS, on January 21, 2009 the City Council passed Resolution No. 3076 finding that an emergency condition exists affecting the Bay Vista site, and this emergency warrants an out of cycle amendment of the City's Comprehensive Plan, consistent with the Growth Management Act and adopted City regulations pursuant to BMC 20.10.050(e); and 2 Bay Vista Sub Area Plan WHEREAS, a legal advertisement was placed in the Kitsap Sun on February 7, 2009 notifying the public of the opportunity to provide testimony at the City Council public hearing; and WHEREAS, on February 18, 2009 the City Council conducted a public hearing so that the public had a further opportunity to comment on the sub area plan and development regulations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above and incorporated by this reference are approved and adopted as if set forth in full herein. SECTION 2. The Westpark Sub Area Plan as adopted by Ordinance No. 4998 and as set forth in Attachment I of said ordinance is hereby repealed in its entirety. SECTION 3. The Comprehensive Plan is amended by the addition of the Bay Vista Sub-Area Plan as presented in Exhibit A, attached hereto and incorporated by this reference as if set forth in full herein. SECTION 4. Section 20.80.080 ofthe Bremerton Municipal Code entitled "Sub- Area Plans" is hereby amended to read as follows: 20.80.080 SUBAREA PLANS. The following are subarea planning areas where subarea plans and unique development regulations may be created for each: (a) Vlestpurk Subarea Plan (adopted by Ordinance No. 1998); (a) Bay Vista Subarea Plan (adopted by Ordinance No. 5077); (b) East Park Subarea Plan (adopted by Ordinance No. 4962); (c) Wheaton-Riddell Subarea Plan (adopted by Ordinance No. 5025); (d) Downtown Regional Center Subarea Plan (adopted by Ordinance No. 5034); (e) Austin Drive Subarea Plan; (f) Harrison Employment Center; (g) Northwest Corporate Campus Employment Center; (h) Port Blakely Employment Center. The subarea planning areas listed above having adopted subarea plans are identified with the corresponding adopting ordinance number. This ordinance will contain the unique regulations and standards that guide development for that subarea planning area. Subsequent amendment to adopted subarea plans need not be identified in this section by the amending ordinance number. 3 Bay Vista Sub Area Plan SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. 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 ,2009 CECIL McCONNELL, Council President Approved this day of ,2009 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2009 ,2009 R:\Legal\Legal\Ordinances\Community Development\Bay Vista Sub Area PIan.doc 4 Bay Vista Sub Area Plan FILE DEPARTMENT OF COMMUNITY DEVELOPMENT ! I , ! I . , i ;. . .~. .'. .~I~!I~ .. ~uJ }~~~~.1:I!I~1 ' ...._.__........._._.__....___.___.__._. ''''.. .__.. ...... _____...___J MEMORANDUM To: City Council From: Andrea L. Spencer, AICP Date: February 13, 2009 Re: Bay Vista Sub Area Plan - Study Session Follow-Up Items Staff, BHA, and the design consultant team would like to thank the Council for a thoughtful and productive work session on the proposed Bay Vista Sub-Area Plan last Wednesday the 11 th. The purpose of this memo is to follow up on some of the items that were brought up in the study session, specifically comments regarding Low Impact Development (LID) discussion in the plan, turning movements to Kitsap Way, and the reasons behind the proposed street names. LOW IMPACT DEVELOPMENT Comments were made that the Sub-Area Plan mentions LID in multiple places, and an inquiry was made whether this discussion could be consolidated. There are five places within the plan where LID is addressed. Each discussion is in a different section or sub- section of the Sub-Area Plan and each serves a different purpose, as follows: Section II.B. Land Use Goals: Discussion of the consistency of the Sub-Area Plan with Comprehensive Plan policies. Section II.C. Summary of Community Meetinq 2: Summarizes a presentation on proposed LID techniques. '\ Section III.B.6. Sub-Area Plan - Plan Vision. Go~ls and Objectives: States that LID is an objective. Section III.CA. Sub-Area Plan Elements - Roads & Infrastructure: Describes how LID is integrated into stormwater management as a part of the Sub-Area Plan. Section IV.E. Zonina & Development Reaulations - Low Impact Development: This is the only location in the regulations where LID is discussed. Each appearance of LID in the Sub-Area Plan serves a different purpose - relating to policy consistency, plan objectives, plan element, or regulation - and, therefore, it would not be appropriate to reduce or consolidate these. ~. r' TURNING MOVEMENTS Comments were made regarding the "right-in / right-out" access to Kitsap Way from Ostrich Bay Drive and questions were posed whether a merge lane is required. This was discussed some time ago with Public Works and WSDOT, and neither agency felt that it Was necessary. However, BHA will have their traffic consultant look at this issue again - along with any issues related to Oyster Bay Avenue - in a revised traffic report that will be submitted with the preliminary plat application. STREET NAMES Comments were made regarding the proposed new street names. The BHA Board considered many things as they deliberated on the street names for the new development. First and foremost they considered that Westpark is part of the larger revitalization of the City of Bremerton. So far, the new improvements have focused on Bremerton's best features - our miles of waterfront and spectacular views. The Board took that into account when they named Bay Vista Commons (the new assisted living facility). The Board then considered surrounding street names; Oyster Bay, Marine Drive, Shorewood Drive and these provided them a direction of a nautical theme. The Board therefore chose to name the main streets after bodies of water and the smaller streets were named after shells. Although they would have liked to have all northwest shell names, that proved problematic in keeping the names simple. Additionally, the new Bay Vista brand, with logo, and the illustrations of the street names will be displayed prominently on art, signs and sidewalks. Therefore, the shell names picked had to not only ha\Je a short name but also be beautiful enough to be displayed as art in the project as well. . Page 2 . >_IM~' ',-.--..... '., .,-. '. -'. "..,;".-r~:N.q"~'.:il~~''''''t'-'......- '. .;1 "\~""J'~'''':'';;;' --..... -. . ".'." . ~"'''''''~''l''~~I-~.:J,'''~'~;!;.:' I'.... '. .':., I ~.; (" -'i":;.y...t..~....(~.,.. '.... .' .","..' _ . 0;:>"".... -:,~....-....w. -i.: ,;.... .,,~:3'~~ -t ~'c' ;,....'" "'. .. "'1i-- ~~"'-~-'J:~.-:..!,'...~., -' ,:.... . ,',. . .... :'..~.."I~-:o:'"......,':>.".::r.$t:~tl.:~ m .';\..~':i(tl ;~ :.PI~r:tJ~j 5.I~m~~~~;~@i~.~~tL~82~:~~' IQratL,: ;,.... .....: :- -.: . '.- ')::.~j~~~";~o/..l\:'::t; :~ltj~~~I~Jl!;!~YtJIl!iWjO@;..9ffi~~' ~r~. : I . .....< .-"'",,~ ~ ~~'~:<<r. .~f:~ ",;, " - ."~~~-.. t'.~. .' .' ..... I , . ~ - r."~' "'~ '~,".. ;. .."'".-,: OJ .;:l:~~~~~~ ~'lo. ~ .j,:~ 7. W;~J~....." < ....-' . -. J<'~'''-1'*~;.-.v-jt1'',~~, :J~-:';J~!"''' r. ....' . ~" '" .' ";.,,...~ ~~..'~~ ".~o "~~.l~~<~l \'''t,~'St ~ja -.:. "''w~'L1.' ~ 10. " "',. ~ rl' .. 't'~~' ~'~,"y:"'" '~...-." . .." . .~:"I...J....~ .'''' \..~.. ..,.-'100' :. ,. O'~ ., --;.. ~ ~ . " . " '" '.-':le~~~:~~.. :!~)~:l-<. ~r.-' ',". -, .,' '. '. . . . "~. ,.." ... '.' . .,..~,.~yt3i!ti, t;'!oIf t~ ;0")' 't't~~ ~..-...~J_ _...~.f' ~",c~~~t~/""~'~)..1-",.._,_~.~lI-_"._" _ _.r ~- _.. {_ __ :....L.~. ~_ ~'...... ..:..._ ~'-".~.:..Loa~~~~~Yl~..~...:~m~~ BAY VISTA ORD~NANCE NO. 5077 EXHIBIT A DECEMBER 5.2008 BAY VISTA SUB-AREA PLAN BREMERTON HOUSING AUTHORITY MARATHON DEVELOPMENT, INC. AMENDMENT PRODUCED BY BCRA WEINMAN CONSULTING, LLC TONKIN/HOYNE ARCHITECTURE & URBAN DESIGN OLYMPIC ASSOCIATES COMPANY THE BERGER PARTNERSHIP ROSS DECKMAN & ASSOCIATES Original Westpark Sub-Area Plan, approved by the City of Bremerton on April 19, 2007, was produced by: The Bremerton Housing Authority Marathon Development Inc., Torti Gallas & Partners Rice Fergus Miller The Berger Partnership Parametrix BAY VISTA I - INTRODUCTION 1 A. Site Location & History ........... ................. ...... ........................ ............... ...................................... .................. ......... 1 B. Sub-Area Plan Vision ..................... .......... ........ ......... .... ....... ...... ....... ..................... ................... ............................. 1 C. Organization of Sub-Area Plan ........................................... ............ ................................. ................... ......... ...... ... 2 II - BAY VISTA SUB-AREA PLAN 5 A. Local Planning Framework ......... ....................... ......... ....... .............. ............. ... .............. ........... ............................. 5 B. Consistency of the Sub-Area Plan with Bremerton's Comprehensive Plan ........................................................ 6 C. PublidStakeholder Process ..... ............. .... ...... ....... ............ ....... ........ ......... ....... .............. ........... .... ... ............. ......... 10 D. SEPAlNEPA Environmental Review ....................................................................................................................... 13 E. Bay Vista Architectural Review Committee ......................................................................................................... 14 III - BAY VISTA SUB-AREA PLAN 15 A. Existing Site conditions ......................................................................................................................................... 15 B. Sub-Area Plan Vision, Goals and Objectives ........................................................................................................ 18 C. Sub-Area Plan Elements ................................ ............... .... ... ...... ............. ... ..... ............................ ............... ... ......... 20 D. Future Changes to the Sub Area Plan .................................................................................................................. 27 IV - ZONING & DEVELOPMENT REGULATIONS 29 A. Land Use Zones ............................................ ............................ ........................ .......................................... ............ 29 B. General Development Standards ......................... .... .................................... ....................................... ...... ............ 40 C. Commercial Development Standards ................................................................................................................... 43 D. Streets, Sidewalks And Driveways ........................................................................................................................ 45 E. Low Impact Development ............................. ................. ..... ........ ....... ...... .... ... .................................... .................. 47 F. Parki ng Standards........................................................................................................................................... ....... 47 G. Landscape Standards ..... ....... .... .... ................. .... ........... ....... ........ ....... .... ...... ... ...... ...... .............................. ............ 55 H. Utility Equipment & Storage ................................................................................................................................. 62 I. Walls, Hedges And Fences ..................................................................................................................................... 63 J. Exterior Lig hting .............................................................................................. ...................................................... 63 K. Sign Standards ......... ............... .... ................. ......... ...... .... ...................... ........... .............. ... ............... .......... ............ 64 L. Glossary........................................................................................................................................................... ....... 69 V - DESIGN STANDARDS 73 A. General Site Layout and Building Orientation .................................................................................................... 73 B. Facades.............................................................................................................................................. ..................... 80 C. Entries........................................................................................................................................ ............................. 82 D. Roofs............................................................................................................................................... ........................ 82 E. Street Frontage Windows ..................... ...... ......... ...... ....... .......... ..... ............ ................................... .... .................. 83 F. Walls..................................................................................................................................... .................................. 83 G. Colonnades, Arcades, Loggias .............................................................................................................................. 83 H. Columns .................... ............. .......... ............... .... ............... ............................ ... .... ....................... ........................... 84 I. Balcon ies ......................................................................................................................................................... ....... 84 J. Colors................................................................................................................................................... ................... 84 K. Exterior Materials ...... ........ ...................... .... ............. ...... ... .... .......................... ...... ...... .............................. ....... ..... 85 L. Lead walks and Front Yards .................................................................................................................................. 86 M. Walls, Hedges & Fences ........................................................................................................................................ 87 N. Landscape Design ................ ..... ...... ...................... ........ ......... ...... .......................... ...... ... ................. ............. ......... 87 O. Amen iti es ............................................................................................................................................................. .. 89 BAY VISTA I - INTRODUCTION A. SITE LOCATION & HISTORY The 83-acre Bay Vista (formerly Westpark) site is located in West Bremerton, bounded by Kitsap Way on the north, Oyster Bay Avenue on the east, and State Route 3 on the west. The existing Westpark public housing community was built in 1941 and is owned and operated by the Bremerton Housing Authority (BHA). The community is the remnant of a larger World War II - era housing project that was built as temporary housing for shipyard workers. The site currently contains 631 residential units, primarily one-story duplex and four-plex in design, and a 6O-unit apartment building for elderly and disabled residents. Ninety percent or more of existing units are for low-income families and individuals. The site also provides community functions (a community center, senior center, teen center, and head start facility) and some local services (laundry, storage facilities, maintenance shop, and administrative offices. A new 72-unit assisted living facility (Bay Vista Commons) was constructed and opened in December of 2007. The surrounding neighborhood contains a mix of residential, commercial and industrial land uses, including auto-oriented and larger retail uses along Kitsap Way. Kitsap Way in this area serves as a "gateway" to the City of Bremerton, though it is currently lacking in definition. B. SUB-AREA PLAN VISION The Westpark Sub-Area Plan was originally adopted in 2007. The Bremerton Housing Authority (BHA) voted to change the name of the site and master plan to Bay Vista in 2008. Consequently, the name of the Sub-Area Plan has also been changed to Bay Vista as part of the 2009 amendment to this plan. The vision and Sub-Area Plan for Bay Vista, including the 2009 amendments, was created in consultation with stakeholders, residents and neighbors. It used an intensive design charrette process and numerous community meetings, which are summarized in Section II. Development of the Sub-Area Plan also used environmental analysis, including preparation of a SEPA/NEPA environmental impact statement (EIS), and two EIS addenda, to inform master planning of the site consistent with environmental constraints and opportunities. The Sub-Area Plan concept is built upon six major goals: 1. Promoting a mixed-use, mixed-income traditional neighborhood. 2. Creating a pedestrian-oriented environment. 3. Maintaining/enhancing view corridors and landscaping. 4. Enhancing the civic realm and creating more usable public open space. 5. Promoting economic development through provision of commercial activities and services on-site and in the adjacent Neighborhood Center. 6. Integrating low impact development (LID) approaches into the Master Plan. The new Bay Vista is envisioned as an urban mixed-use, mixed-income, pedestrian-oriented community. It will be characterized by a variety of types and styles of housing to meet the needs of a range of income groups. Accommodating these groups will help to de-concentrate low-income housing in Bremerton. Retail and commercial uses will provide for some of the everyday shopping needs of residents, as BAY VISTA well as provide job opportunities for residents. The retail center will provide financial support for implementation of the master plan, including construction of new infrastructure. Bay Vista's on-site population will also provide support for additional commercial activity in the future Oyster Bay Neighborhood Center. The site will be sensitively designed to maintain significant open space and existing trees, to preserve and enhance views, and to carefully manage stormwater and other natural features. New parks, civic spaces and outdoor amenities will be created. Proposed development standards and Design Standards, and covenants, conditions and restrictions (CC&Rs), will establish high standards for the quality of redevelopment, yet provide flexibility to respond to market changes and opportunities. The plan will provide high quality infrastructure and services to residents. The Bay Vista site will relate to the surrounding neighborhood in terms of activities and scale, and provide a catalyst and model for future redevelopment. C. ORGANIZATION OF SUB-AREA PLAN The Sub-Area Plan is organized in five major sections. Following this introduction, Section II describes the major objectives of the Plan, and its planning regulatory context within which it has been created. Section II also delineates the public/stakeholder process and SEPAlNEPA compliance for the plan are also described. Section III describes existing site conditions, and the vision, goals and objectives for redevelopment of Bay Vista. The major elements of the Sub-Area Plan-land use, housing, parks and open space, roads and infrastructure-are described in narrative and graphics. This section has been adopted by the City as an element of the Bremerton Comprehensive Plan. Section IV contains the zoning and development standards that will apply to Bay Vista, including regulations for uses, density, building heights, setbacks and similar components of development. Section V proposes design standards, which will be used by the Architectural Review Committee to ensure that Bay Vista achieves the Sub-Area Plan's vision. February 11,2009 . Planning Commission Recommended Draft ~"" )1 " , , J? ."'j }':1 / VICINITY MAP BAY VISTA ~i~ February 11, 2009 . Planning Commission Recommended Draft II - BAY VISTA SUB-AREA PLAN PURPOSE, PROCESS, AND CONSISTENCY WITH THE COMPREHENSIVE PIAN The Bay Vista Sub-Area Plan is intended to provide a road map for future redevelopment of the site. It articulates t~e vision, goals and objectives for redevelopment of Bay Vista, and embodies the policies of the City of Bremerton Comprehensive Plan, which it supplements. The Plan also establishes zoning standards and design standards which will guide the preparation of future site development plans, subdivisions and building permits by applicants; installation of infrastructure by the Bremerton Housing Authority (BHA) and individual developers; and review of these plans by the City of Bremerton (City) and the Bay Vista Architectural Review Committee (ARC). The Sub-Area Plan reflects the Redevelopment Master Plan for Bay Vista prepared by the Bremerton Housing Authority. It is also responsive to environmental impacts identified in Bay Vista environmental documents, to financial constraints, and to changing market conditions. The Westpark Sub-Area Plan was initially adopted in 2007. Following additional community involvement, public hearings and environmental review, amendments were proposed to reflect the BHA's ongoing planning, as well as updated information about site constraints and market conditions. In fall 2008, the BHA received a HOPE VI grant from the U.S. Department of Housing and Urban Development. Conditions of the grant include a maximum 54-month schedule for completion of construction. The Sub-Area Plan was amended by the City Council in 2009 to reflect this constraint and other changed conditions noted previously. A. LOCAL PLANNING FRAMEWORK OVERVIEW The Bay Vista site has been the subject of several City legislative actions over the past few years and was also addressed specifically in the City's recent adoption of its updated Comprehensive Plan and zoning code in 2004. These actions have provided a framework for planning redevelopment of the site. In September 2003, the City amended its Community Renewal Plan, pursuant to the state Community Renewal Law (RCW 35.81), to incorporate the site as a "blighted" area for purposes of community renewal efforts (Ordinance No. 4830 and 4870). The designation was supported by findings that the site was isolated from adjacent areas that building size and design were deficient, and that physical deterioration was a contributing factor to disinvestment in the area. These actions. also reaffirmed the City's intent to cooperate and assist the Bremerton Housing Authority in the redevelopment of the site, (pursuant to RCW 35.83), and to provide a framework for redevelopment in the Comprehensive Plan and zoning regulations. This framework is described below. PUBLIC SECTOR REDEVELOPMENT SITE (PSRS) The Comprehensive Plan Land Use Map designates Westpark (now Bay Vista) as a Public Sector Redevelopment Site (PSRS). These are special, large-scale sites with high potential for development that is innovative or that meets a unique community need. They should be developed consistent with specific district planning efforts that address the site, compatibility with surrounding uses, and consistency with the Comprehensive Plan. A PSRS must have a clearly defined community benefit, such as meeting a public housing need. They may include mixed type residential development with an open space component and secondary commercial or office development. BAY VISTA OYSTER BAY NEIGHBORHOOD CENTER The Comprehensive Plan designates a future Neighborhood Center for the Oyster Bay Area adjacent to the Bay Vista site, located on both sides of Kitsap Way. This 37-acre center is projected to redevelop over time in conjunction with, but slower than, Bay Vista, and to transition into an urban, pedestrian- friendly area connected with the surrounding area by trails, open space, and access to the shoreline. The Center will include a core, with mixed-use (residential and commercial) buildings. The Center will receive economic support from the surrounding neighborhood, including Bay Vista's residents and workers; land uses in Bay Vista are expected to complement redevelopment of Oyster Bay. A Sub-Area Plan will be prepared for the Oyster Bay Center; however, the timing of this planning effort is uncertain. SPECIFIC AREA PLANS The Comprehensive Plan anticipates that more detailed area-specific plans will be developed to implement Public Sector Redevelopment Sites, such as Bay Vista. Key aspects of these plans include: a process that involves the community, consistency with the Comprehensive Plan goals and policies, and inclusion of development standards and design standards. The Bay Vista Sub-Area Plan is such a specific area plan and has been developed to meet these requirements. The relationship to the Comprehensive Plan goals is discussed below. Revision of the Bay Vista Sub-Area Plan follows the City's established process for amending the Comprehensive Plan. This process includes public involvement, environmental review, and public hearings by the Planning Commission and City Council. In cooperation with the City, the BHA sponsored eight community meetings and workshops in the fall of 2008 to gain input on proposed changes to the Sub-Area Plan. An addendum to the Westpark EIS was also prepared to address the proposed changes. The revisions were adopted following public hearings by the Planning Commission and the City Council. B. CONSISTENCY OF THE SUB- AREA PLAN WITH BREMERTON'S COMPREHENSIVE PLAN BREMERTON COMPREHENSIVE PLAN- CENTERS CONCEPT The city's updated Comprehensive Plan is based on a "Centers" concept, in which a significant portion of the City's future growth will be guided to numerous Centers designated throughout the City. Centers vary in scale, function and character, and each is intended to be a distinct district or "village" with a unique character. Designated centers range from the City Center, which provides a wide range of activities that serve the entire City and the region, to smaller neighborhood centers, which provide goods and services, and amenities to residents within a neighborhood. In general, centers are intended to be mixed-use, pedestrian-friendly, well-designed areas with open space, public gathering places, access to transit, and adequate infrastructure. SHAPING BREMERTON THEMES 1. Distinctive Growth, with Viable Neighborhoods and Centers that Provide Greater Choice and Convenience. Redevelopment of Bay Vista will help to revitalize an existing neighborhood that is characterized by outdated, deteriorated housing and infrastructure, and has been designated as "blighted." The new Bay Vista neighborhood will be characterized by mixed-use development, a wide range of housing options affordable to a mix of income groups, ample open space and amenities, pedestrian accessibility, quality design, improved infrastructure and enhanced environmental resources. Everyday goods and services, and local employment opportunities, will be provided on-site. 2. Enticing New Development, with a Focus on the Downtown Regional Center. The Bremerton Housing Authority has been working closely with the City and the broader community to shape a plan for Bay Vista that fits the site and is responsive to the City's requirements and February 11,2009 . Planning Commission Recommended Draft needs, including economic development, housing opportunities and population support for the future Oyster Bay Neighborhood Center. The City's updated Comprehensive Plan and development regulations provide guidance and flexibility for large public parcel development proposals like Bay Vista. 3. Supportive Transportation, with Seamless, Efficient and Varied Choices. Regional transportation facilities bounding the Bay Vista site include State Route (SR) 3, Kitsap Way and Oyster Bay Avenue. Access to the site is provided by Oyster Bay Avenue, Sinclair Drive, Arsenal Way and Sand Dollar Drive. Kitsap Transit provides public transit service to the City of Bremerton. Routes No. 24 and 26 serve the Bay Vista site, with stops along Kitsap Way (Route 24) and at the Firs Apartments on Oyster Bay Avenue (Route 26). Kitsap Way has a designated bicycle lane, wide shoulders, raised sidewalks on both sides, and painted crosswalks with pedestrian call buttons. The City of Bremerton has recently upgraded or added new accessible ramps at various intersections along Kitsap Way. A mid-block pedestrian crossing is located east of Oyster Bay Avenue. Oyster Bay Avenue includes raised sidewalks on one side of the street. Levels of service at major intersections will meet City of Bremerton standards. 4. Improved Accessibility, especially for the Pedestrian. The Bay Vista site is being planned to support multiple transportation modes, including vehicles (through adequate access and parking); transit (through higher urban densities and access to the regional road system); and pedestrians (by integrating trails and pedestrian amenities in a mixed-use development pattern). 5. Quality Housing, with Broader Choices. Existing housing on the site is old and deficient; the Comprehensive Plan and several City ordinances have identified the site's housing as substandard and in need of revitalization. The redeveloped Bay Vista will provide approximately 875 housing units in a variety of types and styles, including single-family attached and detached (duplexes, townhouses, clustered cottages) and apartments. Units will be for-sale and for-rent, market-rate apartments and public housing. All existing public housing units will be replaced either on-site (190 units) or off-site, which will be consistent with the City's desire to disperse public housing. 6. Business Support, with Increased Opportunity. Bay Vista will contain approximately 181,000 square feet of retail and office development, 76,000 square feet of residential and 183,000 square feet of structured parking located in an II-acre pedestrian -oriented retail village. These businesses will provide local jobs and goods and services for residents of Bay Vista and the surrounding neighborhood. Bay Vista's residents will also provide market support for existing and new commercial development in the Oyster Bay Neighborhood Center. 7. Environmental Management, Integrating Natural Systems. The plans for Bay Vista include approximately 15 acres of parks and open space, and retain the existing preserve park; with the exception of this preserve, most of the site and existing vegetation will be disturbed or removed in conjunction with site grading and construction. When complete, Bay Vista will exhibit ample landscaping and open space. This open space and vegetation will provide habitat for species of urban wildlife, as well as recreational opportunities for local residents. Environmentally critical areas located on and adjacent to the site (such as wetlands) will be protected consistent with City regulations. Stormwater will be controlled and treated consistent with City requirements. 8. Community Service, Focusing on Assets Bay Vista will install new infrastructure on the site; facilities will be provided concurrent with development. The Bay Vista EIS documents evaluated the service demands of the new population to help ensure that any adverse impacts were identified and addressed. BAY VISTA 9. Design Review: Advancing Quality Urban Development. The Bay Vista Sub-Area plan includes development standards and design standards that will apply to all future development on the site. These standards, and City review of future applications, will ensure that future development is of high quality and meets expectations. The BHA will also develop Covenants, Conditions and Restrictions (CC&Rs) that will also apply detailed design requirements to land and buildings throughout the site. COMMUNITY CHARACTER GOALS CC1 . Demonstrate excellent urban design qualities in new development. Redevelopment of the site will replace old, substandard housing with modern dwelling units, mixed-use buildings and a village retail center. The Sub-Area Plan contains design standards that are intended to set high standard for site and building design. CC2 . Assure that new development relates to surrounding uses and provides for urban livability. The Bay Vista site is being master planned and will provide compatibility between land uses through careful siting, use of open space and buffering, and transitions between uses of different intensity. Bay Vista will function as a traditional community, with a mix of activities that meet the needs of daily life, connected by streets and trails, and enhanced open space, urban amenities and high quality design. The Master Plan also considers land use and scale relationships to the surrounding community, including the future Oyster Bay Neighborhood Center. CC3. Provide for a safe, pleasant and rich pedestrian experience. Bay Vista will contain approximately 30,000 linear feet of pedestrian walkways and trails. Streets are designed to accommodate pedestrians and to make walking safe, pleasant and convenient. Pedestrian amenities include landscaping, benches, open space, pocket parks and lighting. CC4. Promote the development of areas of special character, encouraging a diversity of communities within the city. Bay Vista is a large site that presents unique redevelopment opportunities. Its history and status as a 1940s-era public housing project with aging and substandard facilities sets the stage for its transformation into a modern, well-designed urban mixed-use community located at a major entrance to the City. LAND USE GOALS LU1 . Identify and enhance distinctive neighborhoods, communities and centers throughout the City. As noted above, Bay Vista will be transformed into a modern, well-designed urban mixed-use community. It will be distinct in appearance and character in the City's existing fabric. It will also provide long-term population support for future development of the Oyster Bay Neighborhood Center. LU2. Integrate an open space system into the land use pattern that increases the amount of open space, protects. Bremerton's natural resources, and provides a source of beauty and enjoyment for all residents. The Bay Vista plan includes approximately 15 acres of parks and open space that is integrated into the land use pattern. Significant trees will be retained to the greatest extent feasible or replaced. The open space plan includes areas for active recreation - including ball-fields, pocket parks, tot lots and gathering places - and for gathering and passive enjoyment. A management plan will be prepared and implemented for the Preserve, a large natural area. Residents will be involved in overseeing preservation of this area. LU4. Provide for walkability throughout Centers and neighborhoods. Bay Vista is intended to be a walkable community, and has integrated the needs of the pedestrian into its land use pattern and transportation system. The plan includes approximately 30,000 linear feet of pedestrian paths and trails, connecting areas of the site with one another and with the surrounding neighborhood. February 11, 2009 . Planning Commission Recommended Draft LU5. Designate neighborhood, district, and employment Centers on the Land Use Map that provide mixed-use environments which serve as the primary focus for growth. The Comprehensive Plan anticipates that retail and service uses will be provided in Bay Vista as well as in the future Oyster Bay Neighborhood Center. Bay Vista will provide a residential population that will support commercial uses planned on-site and in the Neighborhood Center. LU7. In order to encourage new development to occur in locations and patterns consistent with the Vision(s}, Goals and Policies of this Plan - specifically in Centers - remove or revise existing land use designations that would sit multi-family uses in locations that do not support the Centers Concept. Bay Vista includes a mix of multi-family and single-family housing. The proposed location of multi- family housing adjacent to Kitsap Way will support commercial activities anticipated on-site and in the Oyster Bay Neighborhood Center. LU11 Provide for the viability of communities, neighborhoods, and Centers through strategic land use designations and infrastructure provisions. The Comprehensive Plan Land Use Map designates Westpark (now Bay Vista) as a Public Sector Redevelopment Site (PSRS). This designation recognizes its public ownership and the public interest in innovative redevelopment that meets community needs. The master plan has been developed through a Sub-Area Planning process, will be compatible with adjacent uses, and will provide a variety of housing types and ownership options that will meet a variety of housing needs. LU12Support community-wide access to amenities and services. Bay Vista will provide open space and recreational amenities that are available to all community residents. The site has also been planned to maintain and enhance views of the water. LU17Adopt and implement appropriate standards and regulations for stormwater management. The City of Bremerton should adopt and implement regional plans, strategies, and standards as appropriate, including but not limited to the Seattle/King County Storm Water Manual, FEMA maps, and the Puget Sound Action Team's 2000 Water Quality Plan. Stormwater will be managed in a manner consistent with city standards. Water quality treatment will be implemented prior to discharge, pervious pavement and infiltration will be used, if feasible, to reduce storm water discharge and impacts on Oyster Bay outfall. BAY VISTA C. PUBLIC/STAKEHOLDER PROCESS The Bay Vista Sub Area Plan reflects the efforts of many people, including: city leaders and staff, the many citizens and Bay Vista residents who turned out for an initial program of public community meetings and a week-long design charrette, urban designers, architects, traffic planners, civil engineers, environmental specialists, and market consultants, to name a few. A second round of meetings and forums were held to discuss revisions to the Sub-Area Plan based on updated information about the site and market conditions. Community meetings were advertised through a combination of mailed and published notices, posted signs, and newsletters. Bay Vista residents, neighbors within 300 feet, and the community at large were invited to participate in the process. All residents of Bay Vista and within 300 feet of the site received written notices and invitations The public process conducted for the initial adoption of the Sub Area Plan included the following outreach efforts and comment opportunities: Four public community meetings: 7 March 16,2006 May 12, 2006 7 June 22, 2006 (EIS scoping included) 7 September 14, 2006 A week-long design charrette: 7 May 8-12, 2006 Two stakeholder's meetings: 7 April 19, 2006 7 July 13, 2006 SEPAlNEPA scoping meetings and EIS meetings: 7 June 22, 2006 Bremerton Planning Commission workshops and public hearings: 7 October 17, 2006 7 November 21, 2006 Bremerton City Council public hearings and meetings: 7 January 24, 2007 February 7, 2007 At each of the meetings, the current status of the design process was presented, and attendees were invited to comment on the design, and to ask questions about the project and the process. The goal of the stakeholder process was to create a vibrant neighborhood that reflects multiple public objectives, with the participation and support of the community as a whole. The content of the public meetings were as follows: Community Meeting #1: March 16,2006 West Hills Elementary School Gymnasium This meeting included presentation of the existing conditions on the Bay Vista site, along with the proposed process for redeveloping the site. Goals and possibilities for the site were presented, and an invitation for the public to participate in the process of creating the Sub-Area Plan document. The timeline and process for the project were presented, and a question and answer session followed. Questions from attendees, mostly existing Westpark residents, were focused on the relocation plan, demolition, and future rent levels for the replaced subsidized housing. Stakeholder's Meeting #1: April 19, 2006 Westpark Community Center This meeting included presentation of the existing conditions on the Westpark site, along with the proposed process for redeveloping the site specifically geared toward those neighboring businesses and agencies affected by the Westpark redevelopment. Retail and commercial components of the project were presented, with a discussion of potential impact to surrounding businesses. The timeline, process and 7 February 11,2009 . Planning Commission Recommended Draft current status of the project were also presented, with a question and answer session following. Questions from the stakeholders included the following topics: project financing; whether land will be sold as a large block or in individual lots; the anticipated income of future residents; use of design standards; ability to rent units, housing for residents not returning to Westpark; and the type of retail development that will face Oyster Bay Avenue. Community Meeting #2 (Design Charrette): May 8-12, 2006 - Westpark Community Center At the Design Charrette, the public had the opportunity to interact directly with the design team over the course of a week while the design was in process, allowing true public input. Each night (with the exception of Thursday) during the charrette there was a presentation and question and answer session, outlining the day's piogress. On the final evening, all of the drawings were presented, including the preferred site plan, which was generated through input from each of the agencies and stakeholders involved, along with the many members of the local community that participated. This final presentation served as the "official" public meeting component of the charrette, and was followed by a question and answer session. Questions raised at the meeting addressed the following topics: replacement of existing streets; density of housing; noise; availability of units for the disabled; phasing of construction; grading of the site; storm water management; sale of lots to individuals. Community Meeting #3: June 22, 2006 Westpark Community Center This meeting included presentation of the EIS process, along with the proposed process for the environmental approval process. A question-and-answer session specific to the EIS was held, followed by an update of the overall design process for the site. There was an additional opportunity for questions and answers after the design process update. Questions and comments addressed the following topics: fill proposed for the existing ball field and potential seismic event; timing of construction; communication with residents about project progress; impacts on existing wildlife; questions about the relocation process; kinds of future businesses; lighting; water features; BHA ownership of housing; whether there will be multiple builders for the for-sale housing; and name of the new community. Stakeholder's Meeting #2: July 13, 2006 Westpark Community Center This meeting was geared toward the stakeholders and included an update on the design process for redeveloping the site. Timelines for relocation of the current Westpark residents and construction were presented, with a question- and-answer session following. Questions from the stakeholders included the status of the grading design; and status of the stormwater system. An additional series of informational meetings and forums was held in September-October 2008 in connection with proposed revisions to the Sub-Area Plan. Community Meeting #1: September 25, 2008- Westpark Community Center The kick-off meeting included a summary of the plan revision process, the topics and schedule of subsequent community meetings, and major changes being considered to the sub-area plan/master plan. The recently awarded HOPE VI grant was also described. As summarized, the basic concepts of the master plan for the community, recently renamed Bay Vista, would remain the same: a mixed-use, mixed-income, pedestrian oriented community, with ample open space and landscaping, modern infrastructure and high quality design. Proposed changes to the master plan are motivated primarily by changing real estate market conditions, and project financing needs. Major changes to the master plan being discussed include the following: 7 a slight increase in the number of housing units, but the same number of low income units dispersed throughout the community; 7 an expansion and intensification of the retail center, potentially incorporating the existing fire station site; BAY VISTA 7 demolition of the existing community center and development of a smaller community center on a corner of the ball field; 7 the same amount of parks and open space; 7 noise mitigation walls adjacent to SR 3; and 7 investigation of additional low impact design techniques for stormwater management. Based on conditions of the HOPE VI grant, construction will need to be completed by 2013 (54 month maximum from grant award). A question and answer session followed the presentation. Questions addressed the following topics: location of a new fire station; whether the fire station site be used as a maintenance facility rather than for commercial use; how secure the HOPE VI grant funds are in view of recent national economic events; what the HOPE VI funds can be used for; whether there will be a homeownership program; whether off-site property will be condemned by the City; the new phasing program; tree preservation; the design and character of the new commercial center; and numerous questions related to the on-going tenant relocation program. Community Meeting #2: October 2, 2008- Westpark Community Center The second meeting of the series focused on the changes to the commercial piece of the redevelopment known as Sector 5. Mel Maertz from Olympic Associates made a power point presentation which showed the conceptual sketches of what the new commercial could look like. Slides also showed possible elevations for a grocery, an inn and residential. Two community members and a potential commercial tenant attended this meeting. Community Meeting #3: October 9. 2008- Westpark Community Center The third meeting was a discussion of the civil engineering changes. The outline for this meeting was: 1. Introduction a. Why are we going through this process 2. Site Overview/Changes a. Changes in roadway layout/alleys b. Changes in open space c. Changes in Stormwater Management Areas 3. Grading a. Site constraints b. Overall idea/slope reduction c. Majors areas of cut and fill 4. Stormwater Management a. Drainage Basins b. Outfall c. Conveyance systems 5. Low Impact Development a. Pervious Pavement b. Conveyance Swales c. Roof Downspouts d. Filterra 6. Street Sections a. Possible Options 7. Closing a. Next Steps Justin Goroch from BCRA Engineering was the featured speaker. Questions were fielded from the audience with most of the questions centering on our use of Low Impact Development. Community Meeting #4: October 16, 2008 - Westpark Community Center The fourth meeting was a presentation of what the new replacement housing in the new Bay Vista will look like. Presentations were made by Tonkin Hoyne complete with a power point presentation of what the replacement public housing would look like and Ross Deckman + Associates with schematics of what the multifamily apartment and manor houses would look like. The tenants in the audience asked questions such as what amenities would the units have. Responses comparing and contrasting the current housing with the new housing were well received. February 11,2009 . Planning Commission Recommended Draft Community Meeting #5: October 23. 2008- Westpark Community Center The following agenda was used for this meeting: Guest Introduction: Greg Brower; Landscape Architect of Berger Partnership Mel Maertz; Architect of Olympic Associates Company Sub- Area Plan: Landscaping & Site Amenities A. Streetscape B. Parks C. Open Space D. Club House E. Residential Landscape The presenters showed visuals of what the new parks and open spaces would look like. They also showed a schematic design of a new community club house. Audience comments were primarily about the use of existing trees and new plantings. Community Meeting #6: October 30. 2008- Westpark Community Center This final meeting was a wrap up and summary of the previous 5 meetings. We reviewed the contents of the previous weeks' presentations and fielded any audience questions that may have come up over the course of the 6 weeks. No issues were left outstanding and no official comments have been received. More detailed documentation of the public process is on file with the City of Bremerton. D. SEPAlNEPA ENVIRONMENTAL REVIEW The review process for the proposed re-development of West park, and the initial adoption of the Sub-Area Plan, included preparation of an Environmental Impact Statement (EIS) to comply with the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA). The City also prepared an EIS Addendum for the initial adoption of the Sub-Area Plan. The purpose of an EIS is to present information about the environmental consequences of proposals, including redevelopment projects, to consider alternative courses of action, and to mitigate environmental impacts that are avoidable. This analysis helps ensure that decision makers are aware of impacts to the natural and human environments, and that they consider opportunities to mitigate impacts. The process also provides opportunities for interested agencies, tribes and citizens to comment on proposals and to be involved in their consideration. A single EIS was prepared to satisfy NEPA and SEPA requirements. The City of Bremerton, designated as the Responsible Entity (RE) for NEPA compliance, served as the NEPA lead agency. Compliance with NEPA was required because the project involved federal action, by the Department of Housing and Urban Development (HUD), to use federal funds in redeveloping the site. The Bremerton Housing Authority acted as the lead agency for SEPA compliance. Scoping occurred in June 2006. A Draft SEPNNEPA EIS was published in March 2007. Public meetings on the Draft EIS were held in April 2007. A Final EIS, responding to public and agency comment, was published in May 2007. All meetings were advertised consistent with state and federal requirements. Notices of the publication of EIS documents were similarly published consistent with SEPA and NEPA requirements. An Environmental Review Record (ERR) was prepared to comply with NEPA and is on file with the City of Bremerton. An addendum to the EIS was prepared in 2008 to address changes to the Sub-Area Plan. BAY VISTA E. BAY VISTA ARCHITECTURAL REVIEW COMMITTEE All new development proposals will adhere to the development review, permitting and design approval processes of the City of Bremerton and the Bay Vista Architectural Review Committee (ARC). ARC planning and design standards are identified in the Sub-Area Plan. Covenants, Conditions & Restrictions (CC&R's) will also apply to all property on the site that is sold for redevelopment, to help ensure that all proposals meet relevant requirements. The Bremerton Housing Authority has contracted with a development consultant who is responsible for all development within the boundaries of the project site. The development consultant will assemble an ARC responsible for the review and approval of all permit applications prior to their submittal to the City of Bremerton. Upon approval the ARC will issue a certificate that will be required to be included with the submittal to the City. Permit applications will not be accepted by the City without the approval of the ARC. The City will maintain its primary authority to review and approve plans for consistency with zoning and development standards, and building requirements, as required by law. In particular, the Architectural Review Committee will ensure that proposed development is consistent with the intent and specifics of adopted design standards, and with any adopted CC&R's adopted for the Bay Vista site. February 11,2009 . Planning Commission Recommended Draft III - BAY VISTA SUB-AREA PLAN A. EXISTING SITE CONDITIONS OVERVIEW The existing 83-acre Westpark site is characterized by steep slopes, with site grades varying between 60 feet and 180 feet in elevation. There are stands of large coniferous trees and dispersed ornamental deciduous trees, which will be preserved where feasible. The existing housing units are small, antiquated, and scattered throughout the site with very little connection to the streets, the community or each other. The network of roads provides little connectivity to the larger community, which fosters a sense of isolation from the adjacent neighborhoods and contributes to the impression of Westpark as an island of poverty within the City of Bremerton. DRAINAGE Stormwater within the site is conveyed by overland flow and through a rudimentary system of open ditches and enclosed drainage pipes. Outside of the project area, stormwater is conveyed away from the site in open ditches and enclosed drainage systems. Stormwater from the on-site area combines with stormwater from off-site areas in the conveyance systems outside of the project area. There are no known sources of off-site stormwater that is routed through the existing drainage system. There are no known existing water quality treatment facilities within the Bay Vista site. Stormwater treatment for the redeveloped conditions on the overall site will be provided in accordance with Title 15.04.042 of the City's municipal code. Water quality treatment and flow control facilities will be designed in accordance with the City of Bremerton Public Works and Utilities Standards, using Department of Ecology (Ecology) hydrologic simulation software to calculate flow rates and volumes Currently, most of the site discharges through two existing outfalls into Oyster Bay. Small portions in the Southeast and Northwest corners of the site discharge to existing Washington State Department of Transportation storm drainage systems ultimately flowing to the Sinclair Inlet and Ostrich Bay Creek. Low Impact Development (LID) techniques, including, but not limited to, pervious pavement, raingardens, bioswales, and roof drain dispersion will be utilized to the greatest extent feasible to treat stormwater and help control flows from the site. TRANSPORTATION Regional transportation facilities bounding the Bay Vista site include SR 3, Kitsap Way and Oyster Bay Avenue. SR 3 is a four-lane, north-south freeway serving Central Kitsap County. Kitsap Way is a five-to-seven lane, limited access, principal arterial that connects West Bremerton to Central Kitsap County (via SR 3). SR 3 and Kitsap Way intersect just northwest of the Bay Vista site. Access to the site is provided by Oyster Bay Avenue, Sinclair Drive, Arsenal Way and Sand Dollar Drive. Kitsap Transit provides public transit service to the City of Bremerton. Routes No. 24 and 26 serve the Bay Vista site, with stops along Kitsap Way (Route 24), at the Firs Apartments on Oyster Bay Avenue (Route 26) and within the Bay Vista site. Service on both routes has one-hour headways. Kitsap Way has a designated bicycle lane, wide shoulders, raised sidewalks on both sides, and painted crosswalks with pedestrian call buttons. The City of Bremerton has recently upgraded or added new accessible ramps at various intersections along Kitsap Way. A mid-block pedestrian crossing is located east of Oyster Bay Avenue. Oyster Bay Avenue includes raised sidewalks on one side of the street. Two intersections of Kitsap Way - at Oyster Bay Avenue and Pershing Avenue - have relatively high accident rates (based on the last three-year average) Existing levels of service at major intersections meet City of Bremerton standards. Those experiencing the highest delays are Kitsap Way at Marine Drive, and Kitsap Way at the SR 3 southbound ramps. BAY VISTA Figure 1 - Relief Map ~ LEGEND - 170-ISO - 160-170 - 150-160 ~----= Q 140-150 130-140 120-130 110-120 l~;;;:1~1 1011-110 trt/":.,.; 1)0.100 - SO-90 - 70-XO - 60-70 February 11,2009. Planning Commission Recommended Draft CRITICAL AREAS SUMMARY OF OPPORTUNITIES AND CONSTRAINTS The Bay Vista site does not contain wetlands or streams, based on preliminary analysis. These resources are presently adjacent to the site, however, and on-site activities (e.g., stormwater runoff) will need to be managed to protect off-site water quality and habitat. The site's trees and vegetation provide a valuable environmental and visual amenity, but do not provide habitat for designated threatened, endangered or sensitive species. Critical aquifer recharge areas are not present. Some steep slopes do occur and will be addressed through site planning consistent with City requirements. Based on natural features, site location and expressed public and private planning objectives, the Bay Vista site possesses significant opportunities for redevelopment. There are also a number of constraints that will be addressed through the sub-area planning and master planning processes. The site's topography is varied and dramatic. Three high points within the site will most likely create beautiful views towards Oyster Bay. Bay Vista is bounded by State Road 3 and Kitsap Way. These two primary roads carry high volumes of traffic, which creates a perceptible level of noise within the site. Figure 2 - Opportunities and Constraints Diagram BAY VISTA p A five-minute walking distance (quarter-mile radius) is often used as a benchmark for planning traditional neighborhoods. Most of the site, and portions of the planned Oyster Bay Neighborhood Center commercial area (along Kitsap Way), are within convenient walking distance and are accessible from the surrounding community. Bay Vista residents will provide economic support for on-site and off-site services. B. SUB-AREA PLAN VISION, GOALS AND OBJECTIVES The vision of the Bay Vista Sub-Area Plan is to provide a modern, mixed-use, mixed-income, pedestrian- friendly and amenity-rich neighborhood for residents, neighbors and visitors. Redevelopment will create a particular kind of place, one that provides space for the community to gather and interact. Streets, plazas and other public spaces will all be designed with the care and attention to detail required to make them function as outdoor public "living rooms" of the new Bay Vista. p The site is not significantly constrained by critical areas (e.g., wetlands, streams, fish and wildlife habitat, aquifer recharge areas). It does contain some steep slope areas that will need to be stabilized and carefully engineered. The pedestrian-oriented design is reflected in a clearly defined "main street", small-scaled blocks, and pedestrian-scale buildings that front directly on landscaped streets. Water features or public art parks, and stands of significant trees also contribute to this definition. The Sub-Area Plan's overall goals and objectives include the following: P Mature landscaping and significant trees are present on the site. These features are valuable amenities and provide opportunities for integration into a system of parks and open space. p The site contains a concentration of low-income housing. The Sub-Area Plan will replace a portion of low-income housing on-site, and will disperse some low-income to other areas of Bremerton and Kitsap County 1. Promote a Mixed-use, Mixed-income Neighborhood Promote a livable, walkable community through traditional neighborhood-making principles P Some important neighborhood services (e.g., police, fire, and a community center) are present on-site or in the immediate vicinity. P Provide a varied set of housing and lot types to promote a mixed-income neighborhood February 11,2009. Planning Commission Recommended Draft Encourage development of new neighborhood 4. Enhance the civic realm and create more retail along Arsenal Way and at the intersection of useable public open spaces. Kitsap Way and Oyster Bay Avenue Provide an enhanced area around the community y Connect to and re-use existing infrastructure center and existing outdoor amenities where appropriate Create smaller pocket parks throughout the 2. Create a Pedestrian-oriented Environment neighborhood to promote walkability and security y Conceal retail parking in the middle of blocks to Improve and create parks and civic spaces enhance the public realm for pedestrians along the 5. Promote economic development through street provision of commercial activities and services. Place residential garages off of alleys and Develop a Village Center that will provide local encourage front porches to create pedestrian- oriented residential streets jobs, help finance redevelopment of the site, and generate revenue to the City. y Improve pedestrian and bicycle connections within and outside of the Bay Vista site Provide a full range of services to meet the everyday needs of local residents. y Encourage the use of public transit Integrate on-site retail and commercial services y Provide and enhance bike trails through existing and residential uses in a conveniently located, wooded and landscaped areas accessible, and well-designed center. 3. Maintain and enhance existing view landscape 6. Integrate low impact development approaches and corridors into the site master plan where possible and Take advantage of views north to Oyster Bay practical. y Maintain and enhance trees and landscape along Reduce street widths where appropriate to help the south side of Kitsap Way and through the reduce impervious surfaces center of the site Maintain and integrate open space into the site y Develop public neighborhood parks and greens plan adjacent to existing landscape features and views Investigate stormwater design that uses bioswales and infiltrates stormwater where appropriate y Use pervious asphalt where soil conditions permit BAY VISTA OPEN SPACE GOALS ~ Create parks that enhance the community and encourage and support social interaction. ~ Create open spaces easily accessible to residents. ~ Create parks that appeal to a wide range of age groups. A diversity of park types should be established to offer a diversity of passive and active uses. ~ Use the 'eyes-on-the-park' to create safe active environments. Lighting, layout and visibility are key factors in the design of active parks. Provide trash and recycling bins for the parks that meet the needs of the users. ~ Use resilient materials that reduce maintenance costs. ~ Increase community participation through direct access for residents from their homes to adjacent parks. C. SUB-AREA PLAN ELEMENTS The Bay Vista Sub-Area Plan addresses the following elements: 1. Land Use, including the master site plan map and identification of major land uses. 2. Housing, including the expected number of for- sale, rental, market-rate and low-income units; and planned densities. 3 Open Space, landscaping and amenities. 4. Roads and Infrastructure, including vehicular and non-vehicular circulation systems, storm water management, and site utilities. The proposed Master Plan for Bay Vista is illustrated in Figure 3. Bay Vista will be a mixed-use, mixed-income community drawing on the best of traditional neighborhood design and the rich history of Bremerton, while employing modern amenities and taking advantage of the topography, landscape and views. The intent is to build a warm community, where neighbors interact and walk on beautiful tree-lined residential streets, and where pedestrian circulation is emphasized. The areas of the site where retail is proposed will be designed to be lively and energized. The Land Use Plan is loosely based upon a grid of interconnected streets that provide multiple routes to any destination. This configuration allows easy pedestrian and vehicular circulation throughout the neighborhood by spreading out traffic loads. Sidewalks, street trees, and appropriately scaled street lights and furniture will provide richly detailed streetscapes. A unique sense of place will be created through the arrangement of vibrant public spaces, a clear hierarchy of pedestrian-friendly streets, a balanced program of residences, retail services, offices, community buildings and spaces, as well as an architecture that responds to the northwest vernacular. Buildings that line public spaces will enclose and frame the public realm, and connect to one another at the scale of the pedestrian. ~ Create public viewing areas. ~ Provide for an urban trail through the natural area and along Kitsap Way. ~ Provide for wildlife through preservation and enhancement of the natural area. Bay Vista's landscape will also serve to enhance the site's architecture and relate to the local environment. The topography of the site allows for varied relationships of architecture and landscape, which will help distinguish sub-neighborhoods from each other. Open and accessible outdoor spaces and convenient seating will encourage human interaction and create a safe and visible environment for children. Pedestrian scale lighting will enhance the streetscape, alleys and parks. Narrower streets will calm traffic and protect pedestrians. February 11,2009. Planning Commission Recommended Draft Figure 3 - Illustrative Plan BAY VISTA Figure 4 - Land Use Plan LEGEND D Low Density Residential D Med. Density Residential ~ High Density Residential liIIIiIlI!l Village Commercial 0 Commercial EJ Mixed-Use I CJ Mixed-Use 2 I-I Open Space ~ Existing Building r February 11,2009 . Planning Commission Recommended Draft LEGEND _ Screening / Buffer G Existing Landscape to be Retained & Supplemented Slope Planting Areas E'J o Retail Street Tree Planting & Hardscape III Bioswale _ Existing Building Figure 5 - Landscape Plan r :/ .., " BAY VISTA Foremost, Bay Vista will be a residential community, offering numerous types, styles and sizes of residential units types, at varying densities, to meet the community's housing needs and to accommodate a spectrum of income groups. The heart and center of the community will be the Bay Vista Preserve, a large open space that will provide opportunities for active recreation and passive enjoyment of significant vegetation. Residential neighborhoods will line the park. Smaller parks and open spaces will be located throughout Bay Vista's neighborhoods and plazas, and more "urban" spaces will be co-located. arterials. All of the site's activities, however, will be within a convenient walk or bike ride via Bay Vista's system of paths and trails. 1. LAND USE The general arrangement and location of land uses in Bay Vista are shown in Figure 3 and Figure 4. Figure 3 is the Bay Vista Master Plan. Figure 4 indicates the planned, general locations of proposed land uses. Block-level graphics are used in the Sub-Area Plan and Development Standards where useful to help tailor applicable requirements to the site's topography and design concept. Different land uses will be arranged compatibly in distinct neighborhoods, and in mixed-use buildings (e.g., residential with ground floor retail or office), some of which will have plazas and other urban open spaces. The site's more intensive land uses including larger high density residential buildings, and a retail! commercial village - will be located along the site's outer edges, closer to (but buffered from) major Mix of Land Uses The planned mix of land uses will create a vibrant, attractive and functional community. Residential uses including single-family attached and detached in a variety of designs, and multi-family Table 1 - Bay Vista Land Use Land Use Zone Acres Units/Square Feet (Gross) Residential 875 du's - Single Family (1) 30.6 649 du's - Multi-Family (2) 8.0 358 du's (5) Retail/Commercial - Village Center 8.0 (3) Approx. 183,000 S.1'(4) - Mixed-Use Buildings Approx. 10,000 s.1. - Office Building 0.9 18,000 s.1. Community Facility 0.5 4,000 s.1. Open Space & Parks 15.0 Parks, open space and the Preserve Sidewalk, pedestrian streets and trails 30,000 Streets/l nfrastructure 20.0 TOTAL ACREAGE 83.0 Notes: 1. Single-family includes attached townhouses, duplexes and cottages, and detached units. 2. Some multi-family units will be in mixed-use buildings (e.g., with retail or commercial uses). 3. Exclusive of R.O.W. Includes the site of existing fire station which would relocate to a site on Oyster Bay Avenue. 4. Proposed mix is 183,000 sJ. retail/commercial. 34 dwelling units (included in 875 total), plus structured parking (183,000 sJ.) 5.60 existing units in The Firs /72 existing units in Bay Vista Commons (3.2 acres). February 11,2009 . Planning Commission Recommended Draft will predominate. Retail and service uses will also be provided to meet the everyday needs of residents; these activities will support the more diverse, larger scale commercial activities occurring along Kitsap Way, in the designated Oyster Bay Neighborhood Center. Retail/commercial and residential will occur in mixed- use buildings. More intensive and larger-scale land uses (retail, commercial, and larger multi-family buildings) will generally be located closer to the site's boundaries, transitioning to residential and open space uses in more central portions of the site. Density Bay Vista is planned as an urban community with urban densities. The density of residential development will range from 12 dwelling units per acre (for detached single-family) to 65 dwelling units per acre (for the most intensive multi-family), varying with the type of unit. Gross density will be 10.5 dwelling units per acre, and average net density will be 15 dwelling units per acre. Average net density will be used as a target to monitor the achievement of urban densities for the sub-area as a whole. Individual projects must be within the range that is specified for the type of residential unit in the Sub-Area Plan's development standards. Variations in density are anticipated throughout the site, subject to the limits in the development standards. 2. HOUSING Housing Program Bay Vista will include a mix of for-sale and rental units, and market-rate and public/low-income units. The planned number of units by type is shown in Table 2. The total number of housing units developed will be approximately 875 units. Low-income units will be developed to replace a portion of the existing units at Bay Vista that will be demolished as part of redevelopment and will include a mix of rental duplexes, tri-plexes, four-plexes, townhouses and Table 2 - Bay Vista Housing Units Land Use Zone Low-Density Residential (1) Medium-Density Residential (2) Mixed-Use 1 (3) Mixed-Use 2 (4) Village Commercial (3) Public Housing Units (5) Total Units # Units 123 450 233 35 34 875 (1) Single-family attached/detached, duplexes (2) Manor Houses, townhouses, duplexes, triplexes, fourplexes, cluster cottages (3) Multi-family apartments (4) Live / work units (5) Public housing units are included in the number of "Total Units." BAY VISTA apartments. A total of 190 replacement low-income units are proposed on-site. All other existing low-income units will be replaced off-site, at various locations in Bremerton and Kitsap County; there will be no net loss oflow-income units as a result of redevelopment. The BHA has developed a detailed plan for replacement housing. All existing residents in good standing will be eligible for new units, either on-site or off-site. Dispersing public housing will accomplish a number of goals, including the revitalization of dilapidated housing and distressed communities, creation of diverse neighborhoods, and the promotion of housing choice. Housing Relocation Plan The BHA has developed a housing relocation plan to stage and coordinate tenant relocation, demolition and construction. It includes providing information and counseling to tenants to help explain plans, timing and available choices. In accordance with federal law, the BHA is also offering a package of relocation options. These include relocation to other BHA-owned projects, and tenant-based vouchers. 3. OPEN SPACE AND PARKS Approximately 15 acres of the Bay Vista site will be devoted to various types of parks and open space. As shown on Figure 5, open space and parks will be distributed across the site. Together, they express Bay Vista's environmental sensitivity, its desire to enrich the health of the community and the individual, and to establish the character of the neighborhood. Landscaping and preservation efforts also offer opportunities for education. School and conservation programs, community work parties and stewardship opportunities will involve residents in preservation and enhancement of their natural environment. Native wildlife will also provide a vital connection with the environment. The Bay Vista Preserve is an approximately 8 acre natural open space that will be preserved in a natural condition. The BHA will conduct a tree survey to identify all significant trees. A Preserve Management Plan will be prepared to address vegetation management, selective thinning to remove unhealthy trees, removal of invasive species, and a planting plan. Low impact trails and limited improvements will also be considered. A community-based committee will be appointed to oversee o~going management activities. The BHA will also explore possible conveyance of the Preserve to a land trust, preservation organization or similar entity to manage the Preserve in perpetuity. 4. ROADS AND INFRASTRUCTURE Roads & Pedestrian Circulation Bay Vista's thoroughfare system - streets, sidewalks and pedestrian paths, shown in Figure 5, is a fundamental element in site design, and will connect areas of the community to each other and to the surrounding neighborhood. The street design promotes pedestrian circulation, while maintaining automobile access for residents and visitors. The street layout provides multiple paths to each home and business, and reduces congestion by distributing traffic across the site. The design and dimensions of major types of streets are addressed in Section IV of the plan, "Zoning & Development Standards." In general, streets utilize narrower widths to reduce impervious area and to slow vehicle speed. Alleys are used for access to private parking for automobiles to preserve the desired pedestrian-orientation of the streetscape and front fa,<ades of residential structures. Basic streets types include the following: Neighborhood Streets - One-lane or two-lane roads (varying among neighborhoods) with on-street parallel parking. Sidewalks of varying width are provided on both sides of the street. These streets are lined with trees and include landscaping between the street and the sidewalk. Bay Vista Boulevard - Provides access to the regional transportation system, is designed as a wider, tree-lined street with two traffic lanes, on-street parking and sidewalks on both sides. Alleys - Provides access to garages for parking and for deliveries and services for Single- Family Attached, Single-family Detached, and other unit types as indicated on the Thoroughfare Plan (Figure D-1). Pedestrian Paths and "Green Streets" - These are separate from vehicle traffic and provide pedestrian- only between Bay Vista streets, connections between February 11,2009. Planning Commission Recommended Draft Bay Vista neighborhoods, parks and open spaces, retail activities and services. These paths will also connect to the off-site regional trail system. I nfrastructu re Bay Vista will be redeveloped with all new utilities and infrastructure, including sewer and water systems and stormwater management. Stormwater systems will include water quality treatment, which is not currently provided on the site. Low Impact Development (LID) approaches for stormwater management, including the use of pervious pavement in some street sections are being pursued in preliminary engineering and design. If feasible economically and geotechnically, this approach could increase infiltration of stormwater, recharge of groundwater, and could potentially reduce runoff below existing levels. Upgrading of the existing Oyster Bay outfall may not be necessary, in this case, to accommodate flows from Bay Vista. D. FUTURE CHANGES TO THE SUB AREA PLAN The Bay Vista Master Plan and Sub-Area Plan are evolving documents and will change incrementally over time in response to changing regional economic conditions, and to ongoing planning, design, environmental review, public involvement and local decision-making. A degree of flexibility is inherent in large-scale, phased master plans; this flexibility is desirable to provide the ability to respond to changes in demographic, economic and market patterns over time. The initial Sub-Area Plan map, adopted in 2007, reflected the conceptual master plan for the site at that time and stage of planning. Some proposed land use designations allowed flexibility in uses, and contemplated that changes could be proposed in the future. For example, it was recognized that Bay Vista's on-site population and financial requirements could support and/or require additional compatible retail development on the Bay Vista site. Additional retail development was incorporated in the revised Master Plan and Sub-Area Plan. Any significant changes to the conceptual land use map requires thorough consideration through a public review process, including review and action by the Planning Commission and City Council to amend the Comprehensive Plan. Appropriate environmental analysis is also required. Any changes also need to be consistent with the Sub-Area Plan's goals and development standards. Such changes were proposed in 2008 to modify the Sub-Area Plan's boundaries, increase the number of residential units slightly, and to increase the size and intensity of on-site commercial uses. BAY VISTA February 11,2009. Planning Commission Recommended Draft IV - ZONING & DEVELOPMENT REGULATIONS A. LAND USE ZONES This section of the Sub-Area Plan contains the zoning and development standards that will guide the redevelopment of Bay Vista and will implement the requirements of the site's zoning designation. The standards address the following elements: Land uses/zones, including density, height, setbacks, building coverage and impervious surface coverage; 7 General development standards; 7 Building design; 7 Streets, sidewalks and driveways; 7 Parking; 7 Landscaping; 7 Parks and open space; 7 Signs. The Bay Vista design standards, included in Section V, will work in tandem with the development standards to achieve the plan's vision and to assure high quality development. The current zoning classification for the Bay Vista site is Master Development (MD) [Chapter 20.80 BMC]. The MD zone is applied to sites envisioned for large-scale planned development. These proposals must meet a public need and provide a community benefit, such as redeveloping "blighted" areas or providing affordable housing opportunities. Projects may be proposed by public entities or public-private partnerships, and should result in innovative development. Proposals in the MD zone are required to prepare a Master Development Plan (MDP), which includes standards for development of the site, including uses, density, setbacks, lot coverage and heights. Other required components of an MDP, which are addressed in these regulations, include the following: 7 An open space plan that protects natural resources and provides recreational opportunities; 7 Site edge design that is compatible with adjacent uses and densities; Streetscapes that include amenities, (street trees, planting strips, benches, street lighting, etc.) and other design features that make streets interactive, walkable and enjoyable; 7 A general landscape plan, including preservation of significant trees where possible; 7 Adequate off-street parking, which may modify standard requirements if a parking study demonstrates no impact on adjacent properties. 1. LAND USE & DIMENSIONAL STANDARDS Land uses within Bay Vista and applicable dimensional standards are identified in Table A-1, Density and Dimensional Standards and Figure A-2, Land Use Map. 2. RESIDENTIAL Intent: The intent of the residential (R) zone is to accommodate a variety of housing types at varying densities consistent with creation of a mixed-income, mixed-use pedestrian-oriented community. Housing types may include single-family attached and detached in a variety of styles (duplexes, tri-plexes, four-plexes, and townhomes), and apartments. Housing may also occur in mixed use buildings. Densities may vary within the residential zone and are indicated by use of a the suffix Low Density, Medium Density or High Density. Residential standards shall be in accordance with the standards of BMC 20.60 with the following additions and/or revisions: i. Permitted Uses and Density a. Residential-Low Density (i) Permitted uses and density: (a) Single-family attached and detached units with an allowed density per Table A-1, with accessory parking. (b) Parks, playgrounds and open space BAY VISTA Figure A-2 - Land Use Plan ( LEGEND D Low Density Residential D Med. Density Residential ELI High Density Residential ~ Village Commercial i:5lJ Commercial .-~- , 0 Mixed-Use I '-. ~ Mixed - Use 2 .. Open Space ~ Existing Building February 11,2009 . Planning Commission Recommended Draft (c) Worship and religious.facilities less than 10,000 square feet subject to a traffic and parking study and mitigation of impacts to ensure adequate circulation and parking (d) Day care facility of six or more persons receiving care, subject to a parking study and a mitigation of parking impacts. ( e) Accessory structures, including: (1) Detached garages (2) Accessory dwelling units associated with a permitted structure (3) Gazebos/ cabanas (4) Porches (5) Storage structures (f) Public schools and educational facilities (ii) Prohibited uses: (a) Group Residential Facilities (b) Nursing/Convalescent Homes (c) Manufactured Home Park ( d) Worship and religious facilities greater than 10,000 square feet ( e) Golf Course (f) Public utility facilities located above ground (g) All other accessory structures, including accessory structures, not expressly allowed under permitted uses b. Residential-Medium Density (i) Permitted uses and density: (a) Single-family attached units with allowed density per Table A-1, with accessory parking (b) Civic uses ( c) Community Facility (d) Parks, playgrounds and open space (e) Worship and religious facilities less than 10,000 square feet subject to a traffic and parking study and mitigation of impacts to ensure adequate circulation and parking (f) Day care facility of six or more persons receiving care, subject to a parking study and mitigation of parking impacts (g) Detached garages (h) Porches (i) Public schools and educational facilities (ii) Prohibited uses: (a) Group Residential Facilities (b) Nursing/Convalescent Homes (c) Manufactured Home Park (d) Worship and religious facilities greater than 10,000 square feet ( e) Golf Course (f) Public Utility Facilities located above ground (g) All other structures not expressly allowed under permitted uses c. Residential-High Density (i) Permitted uses and density: (a) Apartment buildings, with an allowed density per Table A-1, with accessory parking (b) Parks and playgrounds ( c) Structured parking (d) Civic uses (e) Community Facilities (f) Senior Housing Complex (g) Worship and religious facilities less than 10,000 square feet, subject to a traffic and parking study and mitigation of impacts to ensure adequate circulation and parking (h) Day care facility of six or more persons receiving care, subject to a parking study and mitigation of parking impacts (i) Nursing/Convalescent Homes (j) Public schools and educational facilities (ii) Prohibited uses: (a) Group Residential Facilities (b) Manufactured Home Park ( c) Worship and religious facilities greater than 10,000 square feet (d) Golf course ( e) All other structures, including accessory structures, not expressly allowed under permitted uses. ii. Dimensional Standards: Standards for height, setback, yards, building coverage and site coverage shall be consistent with TableA-1. iii. Public Space Requirements The following public space requirements apply only to high density residential development within the R zones: a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. b. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. iv. Development Standards: a. Residential building density, height, yards/setbacks, building coverage and site coverage, shall be consistent with the standards in Table A-1. BAY VISTA b. Garages & Integral Garages: (i) Except for lots not served at the rear by alleys, garage doors of integral garages that are incorporated into residential structures shall not face the street. Where garage doors facing the street are permitted, they shall be set back from the front facade by at least 16 feet. Driveways shall be a minimum length where any vehicle parked in front of the garage shall not protrude onto the sidewalk. (ii) Integral garage units shall have a planting island between every garage and shall be planted with a tree, or tall growing shrub. (iii) Only single-car individual garage doors are allowed facing any street and only where the lot is not served by an alley. (iv) Maximum curb cut shall be 14 feet for a two- car garage and 10 feet for a one-car garage. Driveways serving two-car garages shall taper to the narrower curb cut. c. Landscaping: Landscaping shall meet the requirements of Subsection G of these regulations. d. Building Orientation and Design Elements: (i) High-density residential: When located at block corners, buildings shall have two primary facades (composed of the same materials) that are oriented to the two streets. v. Fire Protection Systems: Due to the road widths proposed in this plan, all residential units shall be protected by a fire-sprinkler system. VI. Lot Standards a. Low density residential: minimum lot width shall be 30 feet. b. Medium density residential: minimum lot width shall be 16 feet. 3. MIXED USE Intent: The intent of the Mixed-Use zone is to further the goal of creating a traditional, mixed-use pedestrian-oriented community by allowing a complementary mix of residential and non-residential uses to locate within the same building. Two mixed-use districts, MU-1 and MU-l, are designated on the land use map. The desired mix and density of uses within each district is described below. Mixed-Use standards shall be in accordance with the standards of BMC 20.60 with the following additions and/or revisions: i. Permitted Uses and Density a. Mixed-Use 1 (MU-l) (i) Permitted Uses and Density: High-density residential, at the densities indicated in Table A-1, with ground-floor commercial uses allowed. (ii) Permitted commercial uses: (a) Finance, insurance and real estate (b) Personal service ( c) General office and business service (d) Public administration (e) Restaurant (f) Day care (g) Physical fitness and health club (h) Educational facilities (i) Worship facilities (j) General retail (k) Entertainment use (1) Museum and gallery (m) Cleaners (iii) Prohibited commercial uses: (a) Banking (b) Medical and dental (c) Drive-through facilities (d) Hotel/motel (e) Grocery stores (f) Drug store or pharmacy (g) Prohibited uses listed in the Village Commercial Zone (h) Single-use residential structures b. Mixed-Use 2 (MU-l) (i) Permitted Uses and Density: Medium-density residential live/work units at the densities indicated in Table A-1, with small ground-floor commercial uses allowed integrated with each unit. (ii) Permitted commercial uses, as indicated in Table A-1: (a) Finance, insurance and real estate (b) Personal service ( c) General office and business service (d) Public administration ( e) General retail (f) Entertainment use (g) Museum and gallery (h) Cleaners February 11,2009 . Planning Commission Recommended Draft (iii) Prohibited commercial uses: (a) Banking (b) Medical and dental ( c) Restaurant (d) Drive-through facilities (e) Hotel/motel (f) Day care (g) Physical fitness and health club (h) Grocery stores (i) Drug store or pharmacy (j) Educational facilities (k) Worship facilities (1) Prohibited uses listed in the Village Commercial Zone (m) Single-use residential structures ii. Dimensional Standards: Standards for density, height, setback, yards, building coverage and site coverage shall be consistent with Table A-f. iii. Public Space Requirements The following public space requirements apply within the MU zones: a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture. iv. Development Standards Mixed-use building standards for density, height, yards/ setbacks, building coverage and site coverage, are indicated in Table A-f. a. Building Orientation and Design Elements: (i) When located at block corners, buildings shall have two primary facades that are oriented to the two streets. (ii) Live-Work first floors in the MU-2 Zone shall have a minimum 12 foot floor-to ceiling height on the first floor for the first 20 feet of depth. b. Fire Protection Systems: Due to the road widths proposed in this plan, all mixed-use units shall be protected by a fire- sprinkler system, whether required by building code or not. c. Lot Standards: Minimum lot width for MU-2 is 22 feet. 4. VILLAGE COMMERCIAL Intent: Promote attractive, unified, and viable commercial businesses that serve the needs of the community and provide jobs. Emphasize pedestrian activity, safety and security while still providing adequate auto and truck access. i. Permitted Uses: The following uses are permitted: a. Finance, insurance and real estate b. Banking c. Medical and dental d. Personal service e. Restaurant f. Drive-through facilities g. Hotel / motel h. General office and business service i. Public administration j. Community facility k. General retail 1. Residential uses in mixed-use buildings m. Day care n. Entertainment use o. Museum and gallery p. Physical fitness and health club q. Grocery stores r. Fully concealed, building mounted wire-less telecommunication facilities s. Structured parking integreated with and accessory to other allowed uses at or below grade t. Drug store or pharmacy u. Drinking establishment v. Cleaners w. Educational Facilities x. Worship facilities ii. Prohibited Uses: The following uses are prohibited: a. Adult entertainment b. Stand alone or tower mounted wireless telecommunication facilities c. Automobile sales, service repair or car wash d. Work release facilities e. Storage facilities; self storage, mini-storage f. Light and heavy industrial/manufacturing uses g. Commercial parking not serving a permitted use h. Pawn Shops i. Gas station j. Group residential k. Foster home BAY VISTA Table A-1 - Density and Dimensional Standards Land UselZone Density Maximum Front Yard Side Rear Yards: Maximum Maximum Site (Net dwelling Height (5.6) (Building Yards d.u.or Building Coverage (I) units (d.u.) per Setback) (1.2) (ft) (2.3.9) commercial Coverage (7) acre) MIniMax (ft) space / garage (ft) (3.4) RESIDENTIAL Low Density Up to 25 d.u./acre 30 feet 10/15 5 5/2 60-85% 75-90% Medium Density Up to 38 30 feet 10/15(10) 3 5/2 85% 90% d.u./acre High Density Up to 65 40 feet 5/15 3 5/2 90% 95% d.u./acre MIXED USE MU-1 Up to 65 65 feet 0115 0 5/2 90% 100% d.u./acre; + up to 7.500 SF of non- residential use permitted on the ground floor facing public street MU-2 LivelWork: 45 feet 0/5 0 5/2 90% 95% Up to 25 d.u./acre; + up to 500 SF of non- residential use permitted on the ground floor of each individual d.u. facing public street VILLAGE COMMERCIAL N/A 65 feet 0/10 0 0 90% 95% COMMERCIAL N/A 45 feet 0/10 (10) 5 5 90% 95% (1) Front yard setbacks are subject to the frontage occupancy requirements of subsection B. General Development Standards. (2) Corner lots shall have two (2) front yards and only one (1) side yard. (3) Side and rear yard setbacks are subject to additional requirements contained in subsection B. General Development Standards. (4) Where garage is attached or integral to a dwelling unit, and there is no rear yard. the minimum rear yard setback shall be five (5) feet for dwelling space, and two (2) feet for garage. Across an alley the distance between facing garages shall be 24 feet minimum. A deck may encroach within the rear-yard setback area to within three (3) feet of the property line. (5) Cottage lots fronting on internal off-street courtyards shall have a height limit of 25 feet. (6) Lots fronting on public parks or squares shall also have a minimum height that equals the maximum less 10 feet. (7) Includes all area covered by structures and roofs, except roof overhangs of 2 feet or less. (8) Includes area covered by structures and roofs, as defined above, and all impervious site materials. (9) Side yard may be reduced to zero (0) feet where dwelling units or structures are attached. (10) Additional front yard setback as required by utility provider along Oyster Bay Avenue. February 11,2009 . Planning Commission Recommended Draft I. Transitional housing m. Drive-through food or beverage n. Laundry facilities o. Free-standing structured parking p. Veterinary clinic q. Car wash iii. Dimensional Standards a. Standards for setback, yards, building coverage and site coverage are indicated in Table A-1, Density & Dimensional Standards. iv. Public Space Requirements a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. b. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture. c. Delineate pedestrian areas through the use of different paving materials, scored paving surfaces, built-in planters, landscape areas and freestanding site furniture. v. Development Standards Site development shall be in accordance with the standards of BMC 20.66.060 with the following additions and revisions: a. Buildings shall be arranged to facilitate integration and use of plazas, courtyards, greens, and other pedestrian use areas. b. Sites shall be designed to create an identifiable pedestrian urban character. Methods to achieve this concept include: (i) Orienting buildings to front on streets and/or plaza areas, and placing parking at the rear, sides, or under structures (ii) Providing well-defined pedestrian walkways or circulation from parking areas, public sidewalks, and building/shop entrances throughout the site. (iii) Designing surface parking areas to avoid long rows of uninterrupted parking. (iv) Where possible, sites shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas. c. Outdoor lighting standards The following standards apply to all uses and development within this wne: (i) Except for intermittent security lighting on motion detectors, all lights more than seven feet above the ground shall be directed downward and have high cut -off light angles. (ii) Large areas maybe lit with a number oflow- intensity sources close to the area requiring illumination. Illumination of a large area with a remote single source of light shall be prohibited. (iii) Lighting shall not be cast beyond the premises and shall be limited to illumination of surfaces intended for pedestrians or vehicles. Illumination of landscaped areas shall be avoided unless the landscaped area is immediately adjacent to the building. (iv) Pole lights shall be no taller than 20 feet above a 36-inch base in parking lots, traffic areas, or pedestrian areas. d. Site furnishings: Incorporate outdoor furniture, fixtures, and streetscape elements into the site design that enhance and complement the commercial functions of the site. Miscellaneous structures and street furniture should be designed to be part of the architectural design and landscape. The following requirements will assure consistency in site furnishing design and are applicable to all non-residential uses. The following standards shall apply: (i) Utilize lighting, free- standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures in the site design to create and define public spaces. (ii) Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety. (iii) Site furnishings should be a commercial-grade designed for heavy public use. vi. Building Orientation and Design Elements a. Blank walls shall not face streets. b. For surface development buildings shall generally follow the alignment of the streets they front. vii. Architectural Building Elements and Character Design Intent: To create a collection of buildings that presents a unified character while allowing for the individual architectural expression of each building. The design character of an individual building should BAY VISTA be compatible (share similar features such as color, scale, massing, width, setback and height and use) with its commercial neighbors on either side and across the street or plaza. a. Building Scale: Design Intent (i) To provide a consistent architectural scale throughout, which is appropriate to a pedestrian environment. (ii) To create a concentration of buildings near the plaza and along the street. (iii) To achieve an inviting and interesting set of buildings with distinctive character. (iv) To ensure that the buildings present a varied response to streets and public spaces. (v) To create strongly identifiable elements and civic gathering places that encourages a sense of community and a sense of place. (vi) To encourage use of good quality materials with low maintenance life-cycle cost. b. Building Modulation and Articulation (i) Building street fa~ades or walls facing pedestrian plazas should be modulated to break down the scale and have the varied look of multiple buildings. (ii) Building masses and edges along the street or facing pedestrian plazas shall be articulated with windows, entryways and vertical and horizontal elements that provide interest. (iii) Modulation and articulation may be accomplished in a number of ways, including: (a) The stepping back or projection of a portion of the facade. (b) Include significant building elements, such as balconies, bay windows, porches, stoops, pergolas, arcades, canopies or other pedestrian weather-protection elements, towers, turrets, entry areas, etc. (c) Building focal points, which include distinctive entry features, etc. (d) Articulation of the roofline and/or manipulating roof forms using gable-ends or dormers. (e) Changing materials and/or colors. c. Articulate aspects of building function and design through treatment of windows, doors, enhanced entryways, corners with special trim, molding or glazing; decorative building materials, such as tile and metal work; balconies at upper stories; multiple-paned windows; decorative railings, grillwork or landscape guards; landscape trellises; or decorative light fixtures. viii.Building Roof a. Flat roofs and sloped roofs are allowed. If flat roofs are used, cornices or projections are encouraged to delineate roof edges and help with building modulation. b. Roof mounted mechanical equipment (HVAC) shall be screened from view with structural elements or screens constructed of materials and details compatible with those used in the building. ix. Architectural Building Materials Intent: To enhance the quality of both individual buildings and the commercial center streetscape as a whole. To encourage the use of traditional forms, details, and good quality low maintenance materials with low life cycle costs. a. The materials of building elements such as roofs (where exposed to view), exterior walls, trim, and other miscellaneous elements, should be durable yet should also possess an enduring commercial character. b. The use of materials which provide textural interest is encouraged for both roofs and walls (precast concrete, masonry, brick, ornamental steel, metal panels, wood or cementitious siding). x. Service Areas Intent: To screen service and utility elements from view while providing efficient service areas. a. Building service elements and utility equipment shall be contained within the building envelope to the extent practical so as not to physically encroach on or visually impact public pedestrian areas. b. All on-site service areas, loading zones, waste storage, recycling collection, disposal facilities, transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space. If this is not possible, then the service area, loading zone, or storage area must be screened from public view. Acceptable screening includes: (i) Materials matching or compatible with the adjacent building wall. (ii) An opaque landscape hedge or other screening device as approved by the City. Chain link fencing with/without slats is not permitted. (iii) Service/utility areas or enclosures shall not be located in or be visible from the public plaza or February 11,2009 . Planning Commission Recommended Draft courts. 5. COMMERCIAL Intent: Promote attractive, unified, and viable commercial businesses that provide services to the broader community as well as jobs for residents. Emphasize pedestrian activity accessibility, safety and security while still providing adequate auto and truck access. i. Permitted Uses & Density: The following uses are permitted: a. Finance, insurance and real estate b. Banking c. Medical and dental clinics and offices d. General office and business service e. Public administration f. Physical fitness and health club g. Fully screened, building mounted wireless telecommunication facilities. h. Structured parking integral and accessory to other allowed uses at or below grade i. Drug store or pharmacy (associated with medical use) j. Education: including higher education/satellite campus, distant learning center, or vocational school. ii. Prohibited Uses: The following uses are prohibited: a. Adult entertainment b. Stand alone or tower mounted wireless telecommunication facilities c. Automobile sales, service repair or car wash d. Work release facilities e. Storage facilities, self-storage, mini-storage f. Light and heavy industrial/manufacturing uses g. Commercial parking not serving a permitted use h. Pawn shops i. Gas station j. Group residential k. Foster home 1. Transitional housing m. Drive-through food or coffee n. Laundry or cleaner facilities o. Free-standing structured parking p. Personal services q. Day care r. Entertainment use s. Museum and gallery t. Education u. Pre-school thru high school v. Alternative education w. Residential x. General retail y. Restaurant z. Hotel or lodging Place aa. Grocery bb. Drinking establishment iii. Dimensional Standards Standards for setbacks and yards, building and site coverage shall be consistent with Table A-1, Density & Dimensional Standards. iv. Building Height. a. Maximum two stories. May be over structured basement or partial-basement parking. b. Minimum height 18 feet and maximum height of 45 feet (including structured parking). c. Up to one story or 12 feet of partial-basement parking structure may be visible above grade on the low side of a sloping site. v. Public Space Requirements a. Pedestrian-oriented spaces, amenities and corridors shall be incorporated in the overall site design. Pedestrian areas shall be easily accessible, clearly visible and located to take advantage of surrounding features such as building entrances, open spaces, landscaping, unique topography or architecture. BAY VISTA b. Delineate pedestrian areas through the use of different paving materials, scored paving surfaces, built-in planters, landscape areas and free standing site furniture. vi. Development Standards Site development shall be in accordance with the standards of BMC 20.66.060 with the following additions and revisions: a. Buildings shall be arranged to facilitate the provision and use of plazas, courtyards, greens, and other pedestrian use areas. b. Sites shall be designed to create an identifiable pedestrian urban character. Methods to achieve this concept include: (i) Orienting buildings to front on streets and or plaza areas, and placing parking at the rear, sides, or under structures. (ii) Providing well-defined pedestrian walkways or circulation from parking areas, public sidewalks, and building/shop entrances throughout the site. (iii) Designing the surface parking areas to avoid long rows of uninterrupted parking. (iv) Where possible, sites shall be designed to provide vehicle and pedestrian connections to adjacent sites and activity areas. c. Outdoor lighting standards The following standards apply to all uses and development within this zone: (i) Except for intermittent security lighting on motion detectors, all lights more than seven feet above the ground shall be directed downward and have high cut-off light angles. (ii) Large areas may be lit with a number of low- intensity sources close to the area requiring illumination. Illumination of a large area with a remote single source of light shall be prohibited. (iii) Lighting shall not be cast beyond the premises and shall be limited to illumination of surfaces intended for pedestrians or vehicles. Illumination of landscaped areas shall be avoided unless the landscaped area is immediately adjacent to the building. (iv) Pole lights shall be no taller than 20 feet above a 36-inch base in parking lots, traffic areas, or pedestrian areas. d. Site furnishings: Incorporate outdoor furniture, fixtures, and streetscape elements into the site design that enhance and complement the commercial functions of the site. Miscellaneous structures and street furniture should be designed to be part of the architectural design and landscape. To ensure consistency in site furnishing design, the following standards shall apply: (i) Utilize lighting, free- standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures in the site design to create and define public spaces. (ii) Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety. (iii) Site furnishings should be a commercial-grade designed for heavy public use. vii. Building Orientation and Design Elements a. Blank walls shall not face streets. b. For surface development, buildings shall generally follow the alignment of the streets they front. viii.Architectural Building Elements and Character Design Intent: To create buildings that presents a unified character while allowing for the individual architectural expression of each building. The design character of an individual building should be compatible (share similar features such as color, scale, massing, width, setback and height and use) with its commercial neighbors. a. Building Scale - Design Intent (i) To create a consistent building scale throughout the commercial center. (ii) To provide a consistent architectural scale throughout, which is appropriate to a pedestrian environment, but may also include other features or characteristics that are different. (iii) To achieve an inviting and interesting set of buildings with distinctive character. (iv) To create strongly identifiable elements and public space that encourages a sense of community and a sense of place. (v) To encourage use of good quality materials with a low maintenance and low life-cycle cost. February 11, 2009 . Planning Commission Recommended Draft b. Building Modulation and Articulation. (i) Building street faryades or walls facing pedestrian plazas should be modulated articulated to break down the scale and have the varied look of a number of buildings. (ii) Building masses and edges along the street or facing pedestrian plazas shall be articulated with windows, entryways and vertical and horizontal elements that provide interest. (iii) Modulation and articulation shall be accomplished in several ways, including: (a) The stepping back or projection of a portion of the facade. (b) Include significant building elements, such as balconies, bay windows, porches, canopies, towers, entry areas, etc. ( c) Building focal points, which include distinctive entry features, etc. (iv) Changing the roofline. (v) Changing materials and/or colors. (vi) Using other methods acceptable to the City. c. Articulate building elements through treatment of windows, doors, entryways, and comers with special trim, molding or glazing. The building design should incorporate the following elements: (i) Decorative building materials such as tile and metal work. (ii) Enhanced or articulated building entrances (recessed or covered). (iii) Pergolas, arcades, stoops, decks, bay windows, dormers, gable ends and other roof forms. (iv) Multiple-paned windows. (v) Decorative railings, grill work, or landscape guards. (vi) Landscape trellises. (vii) Decorative light fixtures ix. Building Roof a. Flat roofs and sloped roofs are allowed. If flat roofs are used, buildings should use cornices or projections to delineate roof edges and help with building modulation. b. Roof-mounted mechanical equipment (HVAC) shall be screened from view with similar design structural elements or screens constructed of materials and details as provided in the structure building. x. Service Areas Design Intent: To screen service and utility elements from view while providing efficient service areas. a. Building service elements and utility equipment shall be contained within the building envelope to the extent practical and possible so as not to physically encroach on or visually impact public pedestrian areas. b. All on-site service areas, loading zones, waste storage, recycling collection, disposal facilities, transformer and utility vaults and similar activities shall be located in an area not visible from a public street or open space. If this is not possible, then the service area, loading zone, or storage area must be screened from public view. Acceptable screening includes: (i) Materials matching or compatible with the adjacent building wall. (ii) An opaque landscape hedge or other screening device as approved by the City. Chain link fencing with/without slats is not permitted. (iii) Service/utility areas or enclosures shall not be located in or be visible from the public plaza or courts. 6. OPEN SPACE Intent: The intent of the Open Space (OS) zone is to recognize those areas, whether public or private, that are intended to be maintained and used for active or passive open space, parks, recreational activities or tree preservation. Such areas may include squares or plazas that are integrated into intensively developed portions of the site. i. Permitted Uses & Density: a. Parks and open spaces used for active recreation and/ or passive enjoyment, including developed recreational facilities b. Squares or plazas c. Trails, pervious or impervious, for non-motorized use d. Schools and playgrounds e. Maintenance facilities not exceeding 350 square feet f. Maintenance of trees, vegetation, and landscaping h. Irrigation systems i. Benches, picnic tables, pergolas, & similar amenities j. Fountains, sculpture and artwork k. Stormwater management facilities I. Utilities and utility structures m. Interpretive signs and displays BAY VISTA ii. Prohibited Uses All other uses and activities not expressly permitted are prohibited. iii. Bay Vista Preserve Management Plan. A management plan will be prepared for this significant open space. The plan will be developed with community input and will address vegetation management, selective thinning to remove unhealthy trees and invasive species, and the appropriate types of improvements. Figure B-1 - Building Heights :;: OJ) .<) :I: OJ) J:::: :g '3 C:Q B. GENERAL DEVELOPMENT STANDARDS General Development Standards shall be in accordance with the standards of BMC 20.44 and 20.46 with the following additions and/or revisions: 1. FENESTRATION The following additional architectural requirements apply to Mixed-Use Buildings along Bay Vista Boulevard: i. Glazing must be at least 70 percent transparent. Mirror or highly reflective glazing is not allowed. ii. Retail or commercial windows shall have a maximum sill height above the ground or sidewalk of 18 inches when facing Bay Vista Boulevard or pedestrian plaza areas. All other commercial streets and windows shall have a maximum sill height above the ground or sidewalk of 30 inches. 2. BUILDING HEIGHT i. Building height is defined as the distance from the average finish grade at the fal;ade to the highest point of a flat roof, or midpoint of the sloping surface of a pitched roof. Refer to Figure 8-1. ii. Tower elements, not more than 300 square feet in footprint, may exceed the maximum building height by 12 feet. iii. Raised basements may not exceed 1/2 of a story or 5 feet in height along the front facade. Frontage ~ average finish grade at building facade :;: OJ) .<) :I: OJ) J:::: :9 '3 C:Q Pitched Roof :;: OJ) .<) :I: OJ) J:::: :9 '3 C:Q Flat Roof February 11, 2009 . Planning Commission Recommended Draft 3. BUILDING SETBACKS i. Frontage Occupancy a. Frontage occupancy is the minimum percentage of building face for all land uses permitted within Bay Vista that is required to be built along a building setback line. The intent is to create a street wall that will spatially define the streets and other elements of the public realm. The frontage occupancy requirement increases as the setting becomes more urban and the intended spatial definition increases. b. Frontage occupancy is shown by block in Figure B-2 Frontage Occupancy Map. c. Frontage occupancy requirements apply to all floors of buildings (excluding occupied or unoccupied space in roofs). If an individual building is recessed from the Building Setback Line, or omitted to preserve a significant existing tree, that frontage shall be credited as occupied frontage. d. Setback flexibility shall be granted to buildings fronting SR 3 sound wall to allow for the design of courtyard buildings. As long as the outermost portions of the buildings, or ensemble of buildings forming the courtyard, are built to the setback line, the center portion may be set back to create an entry courtyard of a minimum 10 feet deep. e. Only end units abutting the street of cottage court developments are required to meet frontage occupancy standards. Interior units with such a development shall be built to a frontage occupancy line created within the central common open space. f. Occupancy of the frontage that meets this requirement may be established by a building's exterior walls, bay windows, one-story porches, enclosed decks or balconies (with roof and vertical roof supports), arcades or turrets. Frontage occupancy shall not be met with awnings, canopies, marquees, cantilevered upper floors, or uncovered decks or balconies. ii. Residential Zone: a. Minimum and maximum setbacks are established in Table A-f, except as provided for courtyard buildings and cottage courts above. iii. Village Commercial/Retail Zone: Refer to Table A-f, Density & Dimensional Standards iv. Commercial Zone: Refer to TableA-f, Density & Dimensional Standards v. Encroachments at Building Setback Lines: a. Structures and parking areas may encroach into required setbacks if it can be shown that such encroachment allows significant trees or a cluster of trees to be retained. Encroachment shall be the minimum encroachment necessary to protect specified trees. In no case shall the yard be reduced to less than five feet. b. Stoops, porches, bay windows, trim, eaves, arcades, balconies, major and minor focal elements, cupolas, fireplaces, awnings, canopies, and marquees shall be permitted to encroach beyond the primary and secondary street front building setbacks. (Figure B-2 Frontage Occupancy & Building Setbacks) vi. Residential Yards a. Front Yards: Front yards shall be as indicated on Table A-f and on Figure B-2, Frontage Occupancy Plan, with allowed encroachments as described above. b. Side Yards (i) Side yards shall be as indicated on Table A-f. (ii) The minimum side yard shall be three feet for all primary buildings. Attached dwelling units or structures shall be allowed no side yard (0 feet) on the side that is attached. (iii) Zero-lot-Lines. Single-family Detached Homes may have zero (0) foot side yard if its other side yard is at least six feet and adjacent houses are sited such that a minimum of six feet of separation exists between structures. Detached Garages may have zero- foot side yard if its other side yard is a minimum of six feet and adjacent detached garages are sited such that a minimum of six feet of separation exists between structures. (iv) For single-family detached homes and townhomes, detached garages shall have a three foot minimum side yard, except in the case where detached garages of adjacent units are attached to each other. Detached garages of adjacent units that are attached to each other shall have no minimum side yard on the side that is attached. c. Rear Yards (i) Minimum rear yard for attached or detached residential units with detached garages is 25 feet for the dwelling unit and two feet for the detached garage. Portions of alley-facing garage fac;:ades located within 14 feet of the centerline BAY VISTA Occupancy B-2 Frontage Figure .J ! f__ w ;;, 7- ~ >- as ~ >- o LEGEND - I_I 50% min - 75% max occupancy 70% min - 80% max occupancy 75% min - 85% max occupancy 11;'~':f.1 - - 80% min - 90% max occupancy NR Existing Building Not Regulated \ \ '. mmended Draft . sion Reco . Commls 11 2009. Planmng February , of an alley shall be appropriately protected from potential impact from backing automobiles. (ii) Minimum rear yard for attached or detached residential units with integral garages is eighteen feet where tandem parking spaces are provided, and two feet for all portions of the garage portion of the structure where no tandem parking in front of the garage door is provided. C. COMMERCIAL DEVELOPMENT STANDARDS Commercial Development Standards shall be in accordance with the standards of BMC 20.44 and 20.46 with the following additions and/or revisions: 1. FENESTRATION The following standards apply additional architectural requirements for buildings along Oyster Bay Avenue: i. Glazing must be at least 70 percent transparent. Mirror or highly reflective glazing is not allowed. ii. Windows shall have a maximum sill height above the ground or sidewalk of 36 inches when facing Oyster Bay Avenue and public plazas. All other windows should have a maximum sill height above the ground or sidewalk of 36 inches. iii. No interior or exterior signage, furniture or fixtures shall block glazing exposure. 2. BUILDING HEIGHT i. Building height is defined as the distance from the average finish grade at the fa~ade to the highest point of a flat roof, or midpoint of the sloping surface on a pitched roof. Refer to Figure 8-1. ii. Tower elements, not more than 300 square feet in footprint, may exceed the maximum building height by 12 feet. 3. BUILDING SETBACKS i. Commercial/Office: Refer to TableA-1, Density & Dimensional Standards ii. Encroachments at the Building Setback Lines: a. No portion of the building may encroach into the Oyster Bay Avenue front yard. b. Stoops, porches, bay windows, trim, eaves, arcades, balconies, major and minor focal elements, cupolas, fireplaces, and awnings shall be permitted to encroach beyond the side and rear yard building setbacks. BAY VISTA LEGEND 1..1. Section I (2-Sided Parking) o i:.l [] EJ 13 Section I (I -Sided Parking) IlIIBlllfil Section 2 (2-Sided Parking) ...11 Section 2 (I -Sided Parking) IJ liiGlliIl!:l Section 3 (2-Sided Parking) II III IIli II Section 4 (I-Sided Parking) Section 5 (2-Sided Parking) Figure 0-1 Thoroughfare Map r = 1-' " I I I I I I I I l :~ .~ Dlllhll~a . "" ~.. <'" ~ ii ~. '" ~ ~ PERIWINKLE PARK y .,.......... II II II II II II II c..:''':--.J ~ ~ o ~ IXl.LAR DRrVE J H... . . .f \ I AlW..ONE STREET " " " February 11,2009 . Planning Commission Recommended Draft D. STREETS, SIDEWALKS AND DRIVEWAYS 1. STREET STANDARDS Bay Vista's circulation system - streets, sidewalks and pedestrian paths - is an important element in site design and providing connectivity on and off-site. The locations of streets by type are shown in Figure 0-1, Thoroughfare Map. Streets, driveways and sidewalks shall be constructed using the standards described below and shown in Figure 0-2, Street Sections. Street Standards shall be in accordance with the standards of BMC Title 11 with the following additions and/or revisions: i. Street Section 1 a Description: Two-lane streets with on-street parking, sidewalks and trees on both sides. Connects neighborhoods within Bay Vista. b. Standards: (i) Total right-of-way: 45-58 feet (ii) Travel lane: (2) 8-11 feet wide (Hi) On-street parking (one & two sided): 7 feet wide (a) On-street parking optional within village commercial area. (iv) Sidewalks: 5 feet wide (v) Planting strips/swale: (a) Six feet wide (including half-foot curb) on each side. (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G "Landscape Standards." (c) Optional single swale on one side: 11 feet wide with 6 feet wide sidewalk on opposite side of street. Option provided to allow flexibility in storm drainage and streetscape design. c. Lighting: (i) Ornamental street lights shall be used, with a 12 foot maximum pole height and shall be consistent throughout the site. ii. Street Section 2 a. Description: Two-lane streets with on-street parking, sidewalks and trees on both sides. Connects neighborhoods within Bay Vista. b. Standards: (i) Total right-of-way: 47-52 feet (ii) Travel lane: (2) 8-9 feet wide (Hi) On-street parking (one & two sided): 7 feet each side (iv) Sidewalks: 5 feet wide (v) Planting strips/swale: (a) Six feet wide (including half-foot curb) on each side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G "Landscape Standards." c. Lighting: (i) Ornamental street lights shall be used, with a 12 foot maximum pole height and shall be consistent throughout the site. iii. Street Section 3 a. Description: A commercial street with two traffic lanes, on street parking, sidewalks and trees on both sides. b. Standards: (i) Total right-of-way: 54 feet (ii) Travel lanes: (2) 9 feet wide (Hi) On-street parking (both sides): 7 feet each side (iv) Sidewalks: 5 feet wide (v) Planting strips: (a) Six feet wide (including half-foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G "Landscape Standards:' iv. Street Section 4 a. Description: A two-lane street with on-street parking, sidewalks and trees on one side. b. Standards: (i) Total right-of-way: 34.5-36.5 feet (ii) Travel lanes: (2) 8-9 feet wide (iii) On-street parking (one side): Seven feet wide (iv) Sidewalk: 5 feet wide (v) Swale: (a) Six feet wide (including half-foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. BAY VISTA Recommended species are identified at the end of Subsection G "Landscape Standards." v. Street Section 5 a. Description: A two-lane street with on-street parking, sidewalks on both sides and trees on one side. b. Standards: (i) Total right-of-way: 46.5 feet (ii) Travel lanes: (2) 8 feet wide (iii) On-street parking (both sides): 7 feet wide (iv) Sidewalk: 5 feet wide (v) Swale: (a) Six feet wide (including half-foot curb) on one side (b) Street trees shall be placed every 40 feet (or equivalent) and shall be 2.5-inch caliper minimum at time of planting. Recommended species are identified at the end of Subsection G "Landscape Standards." vi. Green/Pedestrian Streets a. Description: Landscaped pedestrian paths that connect Bay Vista neighborhoods, parks and services. b. Standards: (i) Minimum Width: 8 feet (ii) Sidewalks: Shall have a maximum width of 4 feet (iii) Planting strips: Shall have a minimum width of two feet (both sides) vii. Alleys a. Description: Alleys provide access to for private automobile parking, either in garages or on grade, and for deliveries and services for specified types of units. b. Standards: (i) Total right-of-way (garage face to garage face): 24 feet. (ii) Travel lane: 14 feet (iii) Planting strips (both sides): 3 feet c. Alley entrances shall not be located along streets that bound on a public green space. d. The alley entrance should be a minimum of 55 feet from an intersection measured from the perpendicular right -or-way line of the cross street. e. Driveway Entrances . (i) Standards: Private driveways shall only be allowed when there is no automobile access from an alley. (ii) Where driveways are allowed, the entrances shall not be located on streets that border a public open space along streets that do not front on a public green space. (iii) The driveway entrance should be a minimum of 55 feet perpendicular right-of-way line of the cross street. (iv) All driveway aprons shall be paved with concrete. 2. STREETSCAPES i. Commercial streetscapes should have a different character than residential streets. They should be designed to accommodate the higher level of use and the additional activities that typically take place on them. ii. Street trees are required on all streets at 40 feet (or equivalent) spacing and shall be 2.5- inch caliper minimum at time of planting. iii. A "furnishing zone" must be established (see definitions and street sections). iv. Pavement shall be scored with a pattern or composed of pavers. v. Cross-walks should be a scored concrete pattern or pavers. vi. Outdoor dining and seating are permitted and encouraged along commercial sidewalks. vii. Curbs shall be vertical (not rolled). viii.Streetscapes that are primarily paved should have moveable planters, containing plants with seasonal color. ix. All new walks and crosswalks along commercial streets should use some form of special paving. Special paving is defined as scored concrete, stone pavers, brick pavers, or concrete unit pavers. x. Parking garage access points should be composed of pavers. xi. Sidewalk paving shall extend continuously across driveway and alley entrances, except at the actual apron. xii. Paver selection and paving patterns should be consistent with the overall architectural style. February 11, 2009 . Planning Commission Recommended Draft E. LOW IMPACT DEVELOPMENT 1. INCLUSION OF LOW-IMPACT DEVELOPMENT (LID) Buildout of the Bay Vista Sub-Area Plan shall incorporate LID to the greatest feasible extent, while also recognizing that site, topography, soils and other conditions may limit the inclusion of LID techniques for stormwater. The development team shall apply good faith efforts, explore and seek to include LID measures. In its review of preliminary plat engineering and design the City may impose conditions to reasonably accommodate LID while also recognizing site-specific limitations. Inclusion of all LID shall fit within the land use framework established in this Sub-Area Plan. 2. DESIGN Design of LID techniques such as rain gardens, pervious pavements etc. shall be in accord with the design criteria of the Washington State Department of Ecology's Low Impact Development Technical Guidance Manual for Puget Sound or the City of Bremerton Public Works and Utilities Department. 3. FLOW CREDITS LID techniques are intended to reduce the amount of stormwater runoff required to be handled with treatment and conventional flow control facilities. The City of Bremerton shall grant Flow Credits for all LID techniques included in Bay Vista. Flow Credits are reductions to the volume of stormwater runoff the City requires to be handled with conventionally engineered facilities. Flow Credits shall be determined per the modeling methods described in Chapter 7 of the Washington State Department of Ecology's Low Impact Development Technical Guidance Manual for Puget Sound or the City of Bremerton Public Works and Utilities Department. F. PARKING STANDARDS Intent: Assure that sufficient space is provided for the parking, loading and unloading of motor vehicles. Provide minimum and maximum standards of space and parking arrangements, and for the movement of motor vehicles into and out of such spaces. Encourage the creation of an aesthetically pleasing and functionally adequate system of off street parking and loading facilities. Parking shall be provided in accordance with BMC 20.48 with the following exceptions and modifications: 1. GENERAL REQUIREMENTS i. Off-street parking spaces and driveways shall be used for the temporary storage of motor vehicles used by persons visiting or having business to conduct on the premises for which the parking is provided. ii. Parking space required and intended for use by occupants or users of specific premises shall not be leased or rented to others, nor shall such space be made unavailable through other means to the users for whom the parking spaces are intended. This, however, does not preclude shared parking arrangements or other activities approved by the city iii. Except where specifically permitted in certain zoning designations, off-street parking spaces shall not be used for loading or unloading of commercial vehicles larger than those vehicles for which the parking spaces are intended. iv. Structured parking, not including private single- and two-car garages, shall not be allowed with the exception of the high density apartment parcels. Structured parking shall be located behind liner buildings of appropriate allowed uses as described elsewhere in this document. v. Off-street parking space dimensions shall be as follows: a. Compact spaces shall be a minimum of 7.5 feet wide; b. Standard spaces shall be a minimum of 8.0 feet wide; BAY VISTA Section 1 (Option 1) Figure D-2 Street Sections .,. , :_----;- - i !'" ~ ", " ' " '~. ~~r- Y;' :~;'l.-;'r'N-"",-' -~---i Section 1 (Option 2) I I :! I I!!; " r " 1 ,.. I '.1" I ",., "I -' I <' I ~:'._+~-+--+-'-='--~-+-::~~~~-r-~-+-~-j I 1 .30.- J&' fJ.I~l~/l\" ! ' t f----.~------...:5-5_:s:-iO.~------; I :---- ---------------------- ---------------------; 9A::;:........I:, 1.'1.-[ wr ;::~-=.r~." !Jf;. 4.!. ..-r1>ffTI ----------------------j L -!::- ~b' :~.:JJc'. I ."~.;.._A: I.J,',.,. .~; ;....:.<;i.... ~.. J.. .,:r'i'ii~S. February 11, 2009 . Planning Commission Recommended Draft Figure D-2 Street Sections Section 2 i "i ., I 7" i .' n' I u' I r I ~' I " I C~:4 · - :~~~ : ~~'~i!:;~~ I ==j~~~:~l ! , I i "''f''.'''' <<" ..,,, "''''''' on ", ,".on, I ! ._.~.<.~_.__"_.___~._._._~._.____~____~~_~.~,_-----i Section 3 I I I ! j I ! I I I I ! I C! _'~~~,i,;,~:_+_'tJ-~ i i i j I t .>-4.>;~.mc j)'Af 1'-;;,::1" P-il"C-";:ur eN ~.l 5:iiR"f; L___m_________.___ ...__________...._..._. Ii- ., BAY VISTA Figure D-2 Street Sections Section 4 ;-=---r- g~_-i.- --~~' _ ~-~~-- if I 1.~~::~-' :>~~i~~.'\Y n '9~"~~..u_:" --:1 Section 5 I I i I I i j i I I I i 1 ';;;'J,~.;.m:; ;Mlt ~! }'~......-r ('~ ~.. s:'"~ ! L_____~_~__~____~__~~______.~._~______1 I Ii I I I ! i i l L' II 7'0 , 8' I " I )' j '" , " . [~~E~~-~~~~:cr~.w,~=~ j~- :__: , <- .. _ ....__ __ u_~____. . .~" :.; :: . ,!f;,.)' -, ,~,~\ ;.................-... -,,~L . ~j..:~~; , _.'L> ~,- "~ I' : ".'.: >:'r. ',,1 February 11> 2009 . Planning Commission Recommended Draft Typical Alley Figure D-2 Street Sections ;;; _ ~ r ~_~~::_ '=~~~'!~"~~.~ ,~. :-_ ,.. 10 ":>";',l; ".-: BAY VISTA c. Standard spaces shall be a maximum of 9.0 feet wide; of streets, alleys and walkways. d. Compact spaces shall be a minimum of 15 feet in length. Standard spaces shall be a minimum of 18.0 feet in length; up to 2.0 feet may overhang curb or wheel stops. x. Parking and loading areas provided in accordance with the requirements of these standards shall not be used for the sale, repair, assembly or disassembly, storage or servicing of vehicles or equipment. Unlicensed and inoperable vehicles shall not be stored in any required parking or loading space. e. Exceptions to the above minimum dimensions shall be granted for handicapped accessible spaces. Applicable state and federal codes and requirements for accessible parking spaces shall supersede any requirements herein. xi. If existing parking lots are re-striped, the new layout of the parking spaces shall be the same as the previous layout; or if changed, the changed layout shall conform to the existing dimensional requirements of this chapter. vi. Parking and loading areas shall be graded for proper drainage and provided with a suitable surface, as approved by the city engineer. vii. All driveways and areas used for loading, parking and maneuvering motorized vehicles shall be paved. Gravel surfaces are not allowed. 2. COMPACT CAR ALLOWANCE viii. Each parking or loading space must be usable and readily accessible. i. A maximum of 30 percent of the total required off-street parking stalls may be permitted and designated for compact cars in commercial and retail areas. ix. Required parking and loading areas shall be provided with designated entrances and exits located so as to minimize traffic congestion and avoid undue interference with public use ii. Each compact stall shall be designated as such. Table F-1 - Parking Requirements Automobile Spaces Bicycle Spaces Land Use CateQorv Minimum Maximum Residential: Single Familv/Duplex 1:du 2:du n/a Single Family ADU 1:du 1:du n/a Multi-Familv 1:du 2:du n/a Apartment 1:du 2:du 1:10du Business/Commercial: Retail 3:1,000 Qst 5:1,000 ast 1 :5,000 ast Offices 3:1,000 ast 4:1,000 ast 1 :2,500 ast Resturant 4: 1,000 gst ot 5: 1,000 gst ot 1 :500 gsf of seatinQ area seatinQ area seatina area Medical/Dental 3.5:1,000 Qsf 5:1,000 Qsf 1 :2,500 asf Hotel/lnn 1 : room 1.5:room n/a All Other Commercial Not 3:1,000 gsf 4:1,000 gsf 1 :2,500 gsf Specified Educational 2:1,000 Qst 4:1,000 Qst 1:1,000ast Community Facility 1:1,000 Qst 3:1,000ast 1:1,000 ast February 11,2009. Planning Commission Recommended Draft iii. Dimensions of compact parking stalls shall conform to the standards as depicted in this chapter. iv. The maximum compact car allowance may be exceeded if an applicant submits a vehicle composition study, relevant to the type of development, which demonstrates that a greater number of compact vehicles should be accommodated. 3. BICYCLE PARKING i. The required minimum number of bicycle parking spaces for each use category is shown on Table F-1. Bicycle parking spaces are meant to accommodate residents, employees, visitors, customers, messengers, and other persons. ii. Bicycle parking shall be located on site within 50 feet of well-used entrances and not farther from the entrance than the closest motor vehicle parking space. Bicycle parking may be located within city right-of-way in areas without building setbacks, subject to approval of the director and provided it meets the other bicycle parking requirements. 4. OTHER REQUIRED PARKING SPACES i. Motorcycle Parking Requirements. Motorcycle spaces shall be required in non-residential areas only at a rate of 1 per 100 automobile spaces with a minimum of 1 motorcycle space provided. 5. DRIVE-THROUGH STACKING REQUIREMENTS i. A stacking space shall be an area measuring 8 feet by 20 feet with direct forward access to a service window of a drive-through facility. A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other required parking areas. Stacking space for drive-through or drive-in uses may not be counted as required off-street parking spaces. ii. For each drive-up lane of a financial institution, business service, vendor stand, or other drive- through use not listed, a minimum of three stacking spaces shall be provided. iii. Stacking spaces serving businesses that are located adjacent to a less intensive zone than that in which the business is located, or are located adjacent to a public use area (such as a street, sidewalk, park, or trail) shall be landscaped to provide a buffer between the stacking spaces and the adjacent zone or public use. 6. STRUCTURED PARKING i. Structured parking shall be located behind the block perimeter buildings. Structured parking may also be located below buildings. II. Structured parking shall be screened, except at the actual vehicular entry points and shall be screened. iii. Vehicular and service entries to garages shall be designed to look like a part of the building. iv. Parking garages: Parking garages with flat roofs may not exceed the height of the shortest building on the block when a flat roof is present on any building on the block, and parking garages with pitched roofs may not exceed the height of the shortest building on the block by more than one story. 7. ON-STREET PARKING i. On-street parking shall count as visitor parking. Each 24 feet of curb length, excluding 5 feet on either side of a curbcut, shall count as one visitor parking space. BAY VISTA Figure - 2 Parking Map LEGEND 1.;r~1 Tuck Under, Individual Garages, or Parking Pads IZTiI Surface Parking I_I Structured Parking - Surface/Structured Parking - Existing Building l February 11,2009 . Planning Commission Recommended Draft G. LANDSCAPE STANDARDS Intent: In addition to the significant parks and open space included in the Sub-Area Plan, the Bay Vista site will include significant landscaping with retained and new trees and vegetation. Landscaping will be focused along streets to enhance the pedestrian environment, along the site's boundaries with arterials to provide screening, and adjacent to the commercial area to provide land use transitions. In some areas, such as the Bay Vista Village and Sinclair Square, hardscape and green features will be mixed. The overall objective of landscaping is to preserve, protect and enhance undisturbed areas within Bay Vista. Major stands of significant trees will be preserved in the site's park and open space system. Individual land uses will be sited to balance the preservation of significant trees and vegetation with the need to accommodate intensive urban redevelopment. Landscape design will also encourage and promote water conservation. 1. GENERAL DEVELOPMENT STANDARDS i. Landscaping shall be provided in accordance with BMC 20.50 with the following additions and/revisions: ii. Landscaping shall be constructed using the standards described below and as shown in Figure G-1, Landscape Plan and Figure 6-2, Planting Plan. 2. PARKS AND OPEN SPACE General Requirements: The following types and amounts of parks and open space will be provided in Bay Vista: i. Active Open Space: a. Approximately 3-5 acres ofland should be allocated for active open space and could include: b. 1 large park, c. Open corridors connecting the entire community d. Play structures e. Open fields. Park areas will provide for both group and small athletic activities. ii. Passive Open Space: a. Approximately 10-11 acres of land should be allocated for passive open space, with a natural/preservation area as the central element. A proposed park is leveraged on these features and will create a sense of arrival from two edges of the development as well as a view corridor of the greater Bremerton area. b. Tree Preservation Open Space: c. Approximately 3 acres of land should be allocated for tree preservation, which will protect a large expanse of second growth trees and a steep slope. This large forested area will provide an anchor to the natural environment, a regionally sensitive context for the neighborhood, and a signature identity for the community. d. Public Ways: A network of approximately 30,000 linear feet of sidewalks and paths should be allocated which will create a pleasant and convenient pedestrian environment. 3. LOCATION AND DESIGN OF PARKS & OPEN SPACE The general locations of open space are shown on Figure A-2, Land Use Map. The design concept and development standards for on-site parks are described below. I. The Bay Vista Preserve will be a large, multi- faceted green space located in the center of the site. It will be focused primarily on the preservation and enhancement of the existing native area with passive recreation throughout and an area of active recreation at the south. It should contain the following: a. A plaza, bicycle trails and walking paths. b. Recreation and community space including a lawn area and perennial beds. c. Defined by the large existing stand of trees and homes at its perimeter. d. The north area of the park will be dedicated to the preservation of native species, the central area will be a transition and planted with native plant species that draws the northwest character south. The south area will be the most active with open lawn accented by native plant species. BAY VISTA e. Both existing and new native landscape. Existing areas shall be enhanced through the addition of native species and the removal of invasive species. The new areas shall be an opportunity to extend the native area and provide an area of successional planting. ii. Sinclair Square located in the southwest area of the site off Bay Vista Boulevard will be a neighborhood gathering space. Native landscape will be blended with walkways and a central lawn. It will accommodate activities requiring less space and have an over all passive feel. This space should offer the following amenities: a. A layout that supports the northwest feel and character of Bay Vista. b. Primarily open lawn to accommodate a variety of functions; some area of urban hardscape will also be included. c. Occasional shade trees and/or ornamental trees may be planted along the edges of the open lawn. d. Perimeter will be defined by street trees. e. Incorporate a maintenance storage building f. The use of native plant material as appropriate. iii. Periwinkle Park is located on the eastern edge of Bay Vista, at Oyster Bay Road, and will serve as a multi-generational, multi-use park. It is intended to be an expression of the northwest through its layout and plant material. The park should contain the following features: a. Community club and gathering facility with meeting space and restrooms. b. Informal, northwest character with meandering walks. c. Children's play areas, simple backstop, non-competitive basketball court, and open play lawn. d. Indigenous and drought tolerant plant species. 4. TREE AND VEGETATION PRESERVATION REQUIREMENTS I. Provide a tree survey conducted by an ISA certified arborist at the time of site plan permit application to identify and designate all trees and vegetated areas located within lots and yards that can reasonably be retained. ii. Provide adequate protection for retained vegetation. Hi. Identify how retained trees will be protected both during and after construction. iv. Buildings, retaining walls, utilities and paved surfaces must be far enough away from retained trees to allow room for construction activities and to assure a proper growth environment after construction. v. Construction activities shall not take place within the drip line of the tree unless precautions are recommended by a certified arborist (a tree's drip line is the most extreme reach of its branches beyond its trunk). vi. Provide a tree well or other form of protection where the surrounding grade must be raised, as directed by the arborist. vii. Significant vegetation to be retained must be protected during construction by installation of a protective barricade as directed by the arborist. This will require preliminary identification of the proposed area of disturbance for staff inspection and approval, then installation of a protective barricade before major excavation with heavy equipment begins. viii.The barricade must be made of imbedded posts with chain-link fence attached. Fence height must be a minimum of four feet high. ix. Any tree proposed or required to be retained and which is subsequently lost or destroyed must be replaced with at least three six-foot trees or one 18-foot tree or one 12-foot tree plus one six-foot tree of the same species, located as directed by the architect. x. Topping or trimming trees in a manner that alters the natural symmetry of a tree is not allowed unless necessary for safety reasons as certified by an arborist. February 11, 2009 . Planning Commission Recommended Draft 5. PARKING LOT DESIGN & LANDSCAPING Parking lots shall meet the Parking Lot Design and Landscaping requirements of BMC 20.48 and 20.50, with the following changes: i. Surface parking lots shall be located behind buildings wherever feasible. ii. Screening with evergreen plantings shall be provided for parking lots in the following locations: iii. Any parking lots visible from Kitsap Way, SR 3, or from internal streets; a. Parking lots abutting residential/mixed-use uses or zones; b. Landscape requirements are one plant unit per twenty spaces, with a minimum of one island for every ten spaces. iv. Where a tree planting island occurs the entire length of a bay, there shall be a minimum of one tree planting island every fifteen spaces and a large shade tree every fifteen spaces in a tree planting island; v. Where a tree planting island occurs, the entire length of a bay, the entire length shall be planted with large shade trees every forty five feet. 6. ADDITIONAL LANDSCAPING REQUIREMENTS APPLICABLE TO ALL DEVELOPMENT SHALL INCLUDE THE FOLLOWING: i. Maximize privacy between residences and their private outdoor spaces while encouraging community interaction in the public realm; ii. Minimize visibility of utilities and other unsightly necessities; iii. Provide habitat by planting and/or retaining a diversity of trees, shrubs and ground cover; iv. Protect, enhance and maintain the natural preserve consistent with the criteria in a Preserve Management Plan; v. Trees shall be appropriately sized and located so as to avoid blocking views from adjacent and/or uphill residential homes and public areas; vi. Tree species should not require ongoing homeowner maintenance to maintain view covenant limitations; vii. Planting on slopes in open space and commercial areas: a. On slopes between 4:1 to 2:1 mass plantings of trees and shrubs are suggested. b. Slopes over 2:1 require erosion control measure such as jute matting with ornamental grasses or groundcovers. viii. Neighborhood parks, squares or plazas should be designed and landscaped to reinforce the civic nature of these spaces, provide the appropriately scaled amenities and reflect the anticipated function and type, and intensity of use. ix. Plant Selection a. Planting Materials. A general planting list is included at the end of this section. (i) Other plant materials may be considered that have these characteristics and similar maintenance requirements; (ii) Additional species and varieties may be selected if authorized by the Bay Vista Architectural Review Committee; (iii) When used in combination with walls or rockeries, plant materials should all be a minimum of 80% native and/or drought tolerant evergreen varieties. (iv) Avoid trees that tend to be shallow-rooting and susceptible to wind and snow load. (v) Maximize the frequency and sizing for new trees based on species characteristics and health parameters for new trees. Responsibility for tree maintenance and health shall extend through full landscape bonding. (vi) Plants should consist of native and adaptive species that can withstand drought in summer as well as continually wet soil in winter. (vii) Younger plants in the correct growing medium establish more readily and have a better "top to root" balance than larger specimens; therefore, the roots of younger plants become established before the foliage outgrows its root support. Plants smaller than 1 gallon in size are difficult to BAY VISTA LEGEND _ Screening I Buffer [TI Existing Landscape to be Retained & Supplemented Slope Planting Areas Figure G-1 Landscape Plan l 0J D Retail Street Tree Planting & Hardscape February 11,2009 . Planning Commission Recommended Draft - Bioswale _ Existing Building Figure G-2 Planting Plan )[ LEGEND Liquidambar styraciflua 'Moraina Fraxinus pensylvanica 'Marshalls' Acer Fremanii 'Morton' Moraine Sweetgum Marshalls Ash Morton Maple Akebono Flowering Cherry Eddie's White Wonder Dogwood Katsura Tree Prunus x yedoensis 'Akebone' Camus 'Eddie's White Wonder' Cercidiphyllum Japonicum Ulmus 'Accolade' Accolade Elm Quercus ilex Acer rubrum 'October Glory' Quercus coccinea Acer rubrum 'Red Sunset' Ginkgo biloba 'October Gold' ,', Fragus sylvatica 'Atropupurea' Carpinus betulus 'Asplenifolia' Quercus palustrus Davidia involucrata Holly Oak October Glory Maple Scarlet Oak Red Sunset Maple October Gold Maidenhair Tree Purple Beech Asplen-Ieaved Hornbeam Pin Oak \ Dove Tree Zelkova serrata Zelkova Existing Landscape to be Retained & Supplemented Existing Building BAY VISTA establish without an automatic sprinkler system and continual hand-weeding. Appropriately sized and aged plants shall be selected to establish quickly with the least maintenance. (viii) Ornamental or native plants that require extensive irrigation shall not be planted within 10 feet of the top of slope b. Plants on Sloping Areas: (i) Plants on slopes shall be selected for their ability to develop deep roots and thereby knit the soil into a cohesive mass. (ii) Plants shall consist of native and adaptive species that can withstand drought in summer as well as continually wet soil in winter. 7. IRRIGATION i. All irrigation systems, with the exception of residential systems, shall be designed by a qualified irrigation designer. ii. Irrigation on sloped areas shall be temporary and can be abandoned 24 months after installation or after the establishment of the landscape materials, whichever comes first. SUGGESTED PLANT LIST *Indicates native species DECIDUOUS TREES Small: Acer circinatum - Vine Maple* Acer japonicum - Full Moon Maple Acer griseum - Paperbark Maple Acer palmatum - Japanese Maple Amerlanchier alnifolia - Serviceberry * Amelanchier var. - Serviceberry varieties Cornus - 'Eddie's White Wonder Dogwood' Cornus kousa - Kousa Dogwood Cornus mas - Cornelian Cherry Cornus nuttallii - Pacific Dogwood * Corylus cornuta - Western Hazelnut * Magnolia kobus - Kobus Magnolia Malus fusca - Western Crabapple * Malus sp. - Crabapple (some) Oxydendrum arboreum - Sourwood Prunus cerasifera var. - Purple Leaf Plum varieties Prunus virginiana 'Canada Red' - Canada Red Choke Cherry Stewartia Styrax japonicus - Japanese Snowbell Medium: Acer rufinerve - Redvein Maple Acer truncatum x platanoides "Warrenred" - Pacific Sunset Maple Acer truncatum x platanoides" Keithsform" - Norwegian Sunset Maple Malus sp. - Some Crabapples Parrotia persica - Persian Parrotia Pyrus calleryana var. - Flowering Pear Varieties Prunus sp - Flowering Cherry Prunus s. 'Shirotae' - Shirotae Cherry Columnar Narrow: Carpinus betulus pyramidalis - Pyramidal Hornbeam Fagus sylvatica 'Cockleshell' - European Beech Gingko biloba 'Princeton Sentry' - Maidenhair Tree Parrotia persica 'Vanessa' Prunus sargenti columnaris - Columnar Sargent Cherry February 11,2009 . Planning Commission Recommended Draft Pyrus calleryana 'Glen's Form' - Chanticleer Pear Viburnum (var.) - Viburnum varieties Medium/Large: Abelia x grandiflora - Glossy Abelia Arbutus unedo (compacta) - Strawberry Tree Berberis (var.) - Barberry varieties Ceanothus velutinus - Tobacco Brush Cornus sericea - Red Osier Dogwood Enkianthus Euonymus (var.) - Winged Euonymus varieties Holodiscus discolor - Oceanspray * Hydrangea quercifolia - Oakleaf Hydrangea Hydrangea paniculata - Pee gee Hydrangea "ex crenata "Convexa" - Convexleaf Ho"y Lonicera involucrata - Black Twinberry * Mahonia aquifolium - Tall Oregongrape * Myrica californica - Pacific Wax Myrtle * Oemleria cerasiformis - Indian Plum * Osmanthus delavayii - Osmanthus Osmanthus heterophyllus - Hollyleaf Osmanthus Osmarea burkwoodi - Burkwood Osmarea Philadelphus lewisii - Mock Orange * Physocarpus capitus - Pacific Ninebark * Prunus lusitanica - portugese Laurel Ribes sanguineum - Flowering Red Currant * Rhododendron macrophylum or R. albiflorum - Western Rhododendron * Rhododendron (var.) - Rhododendron Rubus parviflorus - Thimbleberry * Rubus spectabilis - Salmonberry * Symphocarpus alba - Snowberry Taxus baccata - Irish yew Viburnum vars. -Viburnum varieties CONIFERS Abies grandis - Grand Fir * Abies koreana - Korean Fir Calocedrus decurrens - Incense Cedar Chamaecyparis nootkatensis 'Pacific Arrow' - Alaska Cedar Juniperus scopulorum (var.) -Juniper Picea omorika - Serbian Spruce Pinus monticola - Western White Pine * Pseudotsuga menziesii - Douglas fir * Taxus baccata - Yew Thuja plicata 'Excelsa' - Western Red * Tsuga heteropylla - Western Hemlock * SHRUBS Smaller shrubs and Ground Cover: Arctostaphylos columbiana - Hairy Manzanita * Arctostaphylos uva-ursi - Kinnikinnick varieties * Berberis (var.) - Dwarf Barberry varieties Camassia quamash - Common Camas * Fothergilla sp. Fragaria chiloensis - Sand Strawberry * Gaultheria shallon - Salal * "ex crenata 'Helleri' - Helleri Holly lIex crenata 'Green Island' - Green Island Holly Linnaea borealis - Twin Flower * Lupinus arcticus - Arctic Lupine * Lupinus polyphyllus - Large-Leaved Lupine * Mahonia aquifolium 'Compacta'-Compact Oregongrape * Mahonia nervosa - Long Leaf Mahonia * Oxalis oregano - Redwood Sorrel * Polystichum munitum - Western Sword Fern * Potentilla (var.) - Potentilla varieties Prunus laurocerasus 'Otto Luyken' - Otto Luyken Laurel Rosa nutkana - Nootka Rose * Rosa pisocarpa - Cluster Rose * Spirea douglasii - Hardhack * Spirea (var.) - Spirea 'Mt Vernon' Symphoricarpos albus - Common Snowberry * Trillium ovatum - Western Trillium * Vaccinium ovalifolium - Evergreen Huckleberry * Vaccinium membranaceum - Black Huckleberry * Vaccinium parvifolium - Red Huckleberry * Viburnum davidii - David Viburnum HEDGES Buxus microphylla 'Winter Gem' - Winter Gem Boxwood Buxus sempervirens.- Common Boxwood Buxus suffruticosa - True Dwarf Boxwood "ex crenata 'Helleri' - Helleri Holly "ex crenata 'Green Island' - Green Island Holly "ex crenata 'Convexa' - Convexleaf Holly Laurel Ligustrum japonicum - Japanese Privet Mahonia aquifolium - Oregongrape * Osmanthus heterophyllus - Hollyleaf Osmanthus Prunus laurocerasus 'Otto Luyken' Otto Luyken Prunus lusitanica - Portugese Laurel Taxus sp. - Yew species BAY VISTA Taxus cuspidata (var.) - Yew varieties Thuja occidentalis vars. - Arborvitae varieties Thuja occidentalis 'Smaragd' - Emerald Green Viburnum vars. - Viburnum varieties GROUNDCOVER Arctostaphylos uva-ursi - Kinnikinnick varieties Ceanothus - Wild Lilac Cotoneaster vars. - Cotoneaster varieties Evergreen flowering vines Fragaria vars. - Strawberry varieties Ivy (non-climbing varieties) Juniperus (var.) - Juniper varieties Lawn Grass (Puget Sound Turf Grass varieties - sod or seed Mahonia nervosa - Longleaf Mahonia * Mahonia repens - Creeping Mahonia Ornamental grasses Thymus - Thyme Vinca minor - Periwinkle ACCENT PLANTING Annuals Bulbs Ornamental grasses Perennials H. UTILITY EQlJIPMENT & STORAGE 1. Utilities shall be installed underground to the greatest extent feasible. Utilities installed above ground shall be screened from view whenever possible. 2. Trash storage areas shall be screened from view, animal proof, and easily accessible to service personnel. All trash enclosures shall be screened. 3. Window air conditioning units are not permitted on front facades or facades visible from any public street or open space. 4. Roof and ground- mounted equipment, including HVAC units, shall be screened from view from any public street or open space. Satellite dishes and antennas shall be the smallest possible to receive the signal, shall be placed in the least conspicuous location, and screened and painted to match the colors of the adjacent building as closely as possible. February 11, 2009 . Planning Commission Recommended Draft I. WALLS, HEDGES AND FENCES 1. Fence height may not exceed six (6) feet. 2. Front yard fences may not exceed three (3) feet in height and shall be an 'open' style. These must be set back at least one (1) foot from the back edge of the sidewalk. 3. The maximum combined height for front yard walls with fences is four feet, as measured on the downhill side. 4. Walls or fences on slopes over 15% and visible from the public areas, shall step with the slope in sections at a rate of 1 step per each 12 inches of change in elevation of the adjacent ground, measured parallel to the fence. 5. Fences defining the front edge of courtyards or semi-public open spaces associated with cottage court developments and courtyard buildings shall be as specified for other front yard fences above. Articulation of the entry from the street to such open spaces with decorative gates, trellises and/or arbors is encouraged. 6. Side yard fences attached to the face of the house shall be set back between two feet and five feet from the front face of the house. 7. Side yards setbacks near public areas shall be at least 50% open. Adjacent to any public walkway or other open space shall not be fenced for more than 50% of the length of the building's fa~ade. J. EXTERIOR LIGHTING 1. Subtle, low-level lighting of front porches and front yard landscape areas is encouraged. Light pollution shall be minimized by selection of proper fixtures. 2. Lighting shall not spill over beyond property lines or cast glare to surrounding properties. 3. Pole mounted lighting is not permitted inside the property lines of any detached or attached residential structures. Pole mounted pedestrian lighting should be used in the right-of-way. 4. Lighting in garage and utility areas shall not impact neighboring properties or common areas. Motion sensitive wall mounted exterior lights are required on all garage fa~des facing alleys. 5. All street lighting, parking lot lighting, and porch lights shall be incandescent, halogen, natural gas elements, or metal halide. High pressure sodium lighting is prohibited. Light levels shall meet City of Bremerton standards. 6. Exterior light fixtures should match the architectural style of the building. 7. Lighting for commercial uses shall be appropriately shielded so as to not impact adjacent residential areas or residential units in mixed-use buildings. 8. All street lights should be comprised of ornamental poles and fixtures conforming to the City's "Standards for Work in the ROW"; Cobra heads and shoe box style lighting is prohibited. Preferred lights are 12-14 feet tall. 20 foot tall poles may be utilized at major intersections. 9. Street lighting should be placed in the "furnishing zone" in Village Commercial areas (see Glossary). 10. Parking lot lighting shall conform to the standards in the Village Commercial zone. 11. Porch lights may be compact-fluorescent or incandescent. BAY VISTA K SIGN STANDARDS Intent: These criteria and standards have been established for the purpose of ensuring that all signage at Bay Vista is designed and constructed in a manner which consistently promotes the following: 7 Visual harmony between signage and Bay Vista architecture including adjacent materials and colors. Elegant, yet clear and distinctive identity for each tenant. 7 Visual enhancement of the pedestrian experience. 7 Diversity and individuality for each tenant's signage while maintaining a consistent size and quantity through out Bay Vista. 7 The use of creativity and high quality materials. 7 Thoughtful and creative lighting of signage. 1. GENERAL GUIDELINES i. Description: All signs and graphics shall be professionally designed. The lettering and spacing of letters shall be well proportioned to assure legibility as well as a pleasing appearance. Shop drawings for each sign, including colors, dimensions, specifications and proposed construction materials will be required criteria for approval of signage by the Architectural Review Committee. Tenant must have written approval by the Architectural Review Committee prior to application for the required city sign permits. ii. Material Preferences: Tenant sign design and construction should include the use of quality materials such as brass, copper, chrome, brushed or polished aluminum, stainless steel, steel, etched glass, stone, concrete, gold or silver leaf, porcelain and hardwoods. Materials such as stucco, plastics, vinyl of PVC products should be avoided or minimized. iii. Lighting: Signs may be internally or externally illuminated. Halo or other indirect lighting is encouraged. Exposed neon or bulbs are not allowed. Indirect lighting must be baffled or shielded to reduce blare in the eyes of pedestrians. iv. Standards: Sign standards shall be in accordance with BMC 20.52, with the exceptions and modifications contained in these sign standards. Traffic control signs shall conform to the "Manual of Uniform Traffic Control Devices." 2. SIGNS AND SIGN COMPONENTS NOT PERMITTED i. The following signs and sign components are not permitted: a. Cabinet or "Box" type illuminated signs with plastic sign faces. Routed out architectural signage may be allowed on a case by case basis. b. Open or exposed neon or exposed lamps or bulbs clearly exposed to pedestrians. c. acuum formed plastic letters or sign faces. d. Free standing signs (with the exception of the "Bay Vista" identification and directional monument signs). e. Banners or temporary promotional signs - with the following exceptions: (i) Banners necessary on a temporary basis for residential sales or leasing, if approved by Architectural Review Committee on a case by case basis. (ii) Banners or pennants displayed by Bay Vista Village building owners of managers for holiday decoration or added decor to village along the public or private streets. Possible banners with messaging allowed on light poles for Bay Vista Village use. f. Moving, flashing, rotating, noise making or odor producing signs. Electronic message displays are not permitted. g. Interior window signage or signage inside a tenant's space that is intended to be viewed from outside with the exception of door decals as described for each tenant category. h. Advertising placards, trademarks, pennants, or credit card signs. February 11, 2009 . Planning Commission Recommended Draft i. "A-board" or "Sandwich" board signs - with the exception of those necessary on a temporary basis for residential sales or leasing (if approved by Architectural Review Committee). Locations of these signs to be within 30 feet of "1\' and "B" type monument signs. j. "Human A-boards" k. Signs taped or glued to interior window. 1. The name, stamps or decals of the sign manufacturer cannot be displayed on any portion of the sign. Underwriters Laboratories labels shall be applied in an inconspicuous manner. m. Non-ornamental hardware or electrical components may not be exposed to view. n. Back-lit awnings, including those with signage, are not permitted. 3. SIGNAGE SUBMITTAL AND APPROVAL PROCESS i. Prior to construction of any sign or application for city sign permits, the building owner, tenant or tenant's sign contractor must obtain the Architectural Review Committee's written approval of the proposed sign design. The process shall be as follows: a. Tenant to submit completed sign application along with required drawings to Architectural Review Committee. b. Architectural Review Committee to review designs and either approve, approve with corrections, or deny application within 10 days of receipt by Architectural Review Committee. c. If application denied, tenant to review reasons for denial and then change their application and re-submit a new application to Architectural Review Committee. d. Once approval is granted by Architectural Review Committee, tenant may then submit a sign application to the City of Bremerton. ii. Failure to comply with the above process may result in the removal of signage by Architectural Review Committee at Tenant's sole expense, provided Architectural Review Committee will issue notice to Tenant/Building Owner of the failure to comply at least 30 days prior to Architectural Review Committee removal to allow Tenant/Building Owner time to cure problem and comply. 4. BAY VISTA SIGN CATEGORIES DEFINED i. Signs or signage requested by a retail tenant or building owner within Bay Vista shall fall into one of the categories listed below. In order to determine the applicable category, read the definitions and standards in these regulations (by type and category). Architectural Review Committee will make final determination in the event of any still un-definable categories. ii. Single Occupant Retail Signage Category: Single Occupant Retail Signage Category defined as signage needed by a retail tenant who occupies a building on a legal lot specific to that building, with no more than one retail establishment utilizing said building. iii. In-line Retail Signage Category: In-line Retail Signage Category, defined as signage needed by retail tenants who occupy a space within the Village which is physically adjacent to, or sharing demising walls with, neighboring tenants. iv. Residential Signage Category: Residential Signage Category defined as signage needed by residential neighborhood, buildings, or group of buildings including multiple residences (for rent or sale) which were built in a coherent manner by a single entity on one or more lots. v. Bay Vista Village Identification & Directional Signage Category: Bay Vista Village Identification & Directional Signage Category defined as Bay Vista Village-specific sign age that is intended to identify the overall Bay Vista Village development or facilitate the orientation of pedestrian or automobile traffic throughout the Bay Vista Village to specific tenants or buildings. BAY VISTA 5. SINGLE OCCUPANT RETAIL SIGNAGE CATEGORY: SIGNAGE RULES i. Freestanding Signs: Not permitted. Parking lot directional signage allowed and must be solely intended to direct parking lot traffic and may not exceed six square feet, and may not have any business identification or emblems. In some cases, at Architectural Review Committee's discretion, Single Occupant Retail tenants may be eligible for identification on certain type "B" and type "C" Bay Vista Village monument signs. a. Building Signs: (i) Internally or externally illuminated building signage allowed. Halo-lit metal signs are encouraged. (ii) One building sign allowed per building elevation visible from street or right of way (public or private). (iii) Cumulative allowed sign areas for each Single Occupant Retail Building within Bay Vista Village shall not exceed 10% of the wall plane the sign is mounted to. Note: square footage shall be measured by boxing individual letters and symbols. b. Blade Signs: Blade signs are to be designed and constructed using the following criteria. As with all signs, blade signs must be approved by Architectural Review Committee prior to submitting an application to the city. (i) Size: Blade signs are to be a maximum of 24 inches high x 36 inches wide in size and a minimum of 1 inch thick with a maximum of 2 inches in thickness for the background panel. Raised graphics may be a maximum of .5 inch thick for an overall maximum thickness of three inches. (ii) Quantity: Tenants with one street frontage are allowed one blade sign. Tenants located on a corner are allowed one blade sign per street frontage (public or private). (iii) Custom shapes other than a rectangle or square are encouraged. (iv) Lettering and graphics should be raised/ dimensional. Flat vinyl graphics are heavily discouraged. (v) Blade signs are to be installed on custom metal brackets/hangers. In an attempt to promote individuality for each tenant, there will be no common bracket for blade signs. Tenants are encouraged to be creative in their design and fabrication of this element. (vi) The minimum clearance for blade signs is 8 feet from grade to bottom of sign. (vii) Placement of blade sign in most cases should be directly over the primary entrance to the Tenant space or centered along tenant frontage, if two or more tenants share an entrance. (viii) Blade sign material shall be a high quality material such as wood, metal or glass. Architectural Review Committee will be the sole judge as to the acceptability of materials and designs. (ix) Illumination. Lighting of the Tenant's blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant's space and the lighting must be installed by a licensed electrical contractor. External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians. c. Window Lettering: Window lettering must meet the following criteria: (i) All lettering is to be professionally painted or applied vinyl directly on the inside of the storefront glass door. Gold or silver leaf is encouraged. (ii) The logo and name of the store may be represented by letters up to a maximum height of three inches. (iii) Store hours on the entry door are encouraged. (iv) If Tenant has a non-customer door for receiving merchandise, the Tenant's name and address, number only, may be applied on the door. The letter height is to be 2 inches high, Helvetica Light font made of white vinyl applied at 5-feet, 6-inches above bottom edge of door. Where more than one tenant uses the same door, each name and address shall be applied. 6. IN-LINE RETAIL SIGNAGE CATEGORY: SIGNAGE RULES i. Freestanding Signs: Not permitted. ii. Building Signs a. Internally or externally illuminated building signage allowed. Halo-lit metal signs are encouraged. b. One building sign allowed per building elevation visible from street or right of way (public or private). February 11, 2009 . Planning Commission Recommended Draft c. When calculating allowed area of building signage for in-line retailers the following criteria apply: (i) Width of sign may be no more than two thirds the width of the elevation to which sign will be attached. (ii) The maximum letter height shall be 18 inches, and logos or emblems may be no larger than 30 inches in height. If two lines of copy are used, the combined height of both rows may be no larger than 28 inches. (iii) Cumulative allowed sign areas for each in-line retail tenant within Bay Vista Village are as follows: 8% of wall plane the sign is mounted to, not to exceed 50 square feet. Note: Square footage measured by boxing individual letters and symbols. iii. Blade Signs: Blade signs will be required for Bay Vista Village In-line Retail tenants. Blade signs are to be designed and constructed using the following criteria. As with all signs, blade signs must be approved by Architectural Review Committee prior to submitting an application to the city. a. Size: Blade signs are to be a maximum of 24 inches high x 42 inches wide in size and a minimum of 1 inch thick with a maximum of 2 inches in thickness for the background panel. Raised graphics may be a maximum of .5 inch thick for an overall maximum thickness of 3 inches. b. Quantity: Tenants with one street or plaza frontage are allowed one blade sign. Tenants located on a corner are allowed one blade sign per street or plaza frontage (public or private). c. Custom shapes other than rectangle or square are encouraged. d. Lettering and graphics should be raised/dimensional. Flat vinyl graphics are discouraged. e. Blade signs are to be installed on custom metal brackets/hangers. In an attempt to promote individuality for each tenant, there will be no common bracket for blade signs. Tenants are encouraged to be creative in their design and fabrication of this element. f. The minimum clearance for blade signs is 8 feet from grade to bottom of sign. g. Placement of blade sign in most cases shall be directly over the primary entrance to the Tenant space or centered along tenant frontage if two or more tenants share an entrance. h. Blade sign material shall be a high quality material such as wood, metal or glass. Architectural Review Committee will be sole judge as to the acceptability of materials and designs. i. Illumination. Lighting of the Tenant's blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant's space and the lighting must be installed by a licensed electrical contractor. External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians. iv. Window Lettering a. All lettering is to be professionally painted or applied vinyl directly on the inside of the storefront glass door. Gold or silver leaf is encouraged. b. The logo and name of the store may be represented by letters up to a maximum height of 3 inches. c. Store hours on the entry door are encouraged. The store hours lettering may not exceed 9 inches high x 12 inches wide. d. If Tenant has a non-customer door for receiving merchandise, the Tenant's name and address, number only, may be applied on the door. The letter height is to be 2 inches high, Helvetica Light font made of white vinyl applied at 5 feet, 6 inches above bottom edge of door. Where more than one tenant uses the same door, each name and address shall be applied. 7. RESIDENTIAL SIGNAGE CATEGORY: SIGNAGE RULES i. Freestanding Signs: One freestanding neighborhood identification sign is permitted at each entrance to a residential neighborhood or as allowed by BMC 20.52. Halo or indirect illumination is allowed. Parking lot directional signage allowed and must be solely intended to direct parking lot traffic. ii. Building Signs: The following rules for residential building signs apply: (Note: Square BAY VISTA footage shall be measured by boxing individual letters and symbols.) a. Building signs may be substituted for freestanding signs. b. Halo or indirect illumination is allowed. iii. Size a. Standard allowance to be 20 square feet per sign. b. 30 square feet per sign: to be allowed if the following materials are used: brass, copper, chrome, brushed or polished aluminum, stainless steel, etched glass, stone, gold or silver leaf, porcelain and hardwoods. iv. Blade Signs: Blade signs are allowed at residential amenity space entryways or leasing and sales offices. Blade signs are to be designed and constructed using the following criteria. As with all signs, blade signs must be approved by Architectural Review Committee prior to construction. a. Size: Blade signs may be a maximum of 24 inches high x 36 inches wide in size and a minimum of 1 inch thick with a maximum of 2 inches in thickness for the background panel. Raised graphics may be a maximum of .5 inch thick for an overall maximum thickness of 3 inches. b. Quantity: Tenants with one street frontage are allowed one blade sign. Tenants located on a corner are allowed one blade sign per street frontage (public or private). c. Custom shapes other than rectangle or square are encouraged. d. Lettering and graphics should be raised/dimensional. Flat vinyl graphics are heavily discouraged. e. Blade signs are to be installed on custom metal brackets/hangers. In an attempt to promote individuality for each tenant, there shall be no common bracket for blade signs. Tenants are encouraged to be creative in their design and fabrication of this element. f. The minimum clearance for blade signs is 8 feet from grade to bottom of sign. g. Placement of blade sign in most cases shall be directly over the primary entrance to the Tenant space or centered along tenant frontage if two or more tenants share an entrance. h. Blade sign material shall be a high quality material such as wood, metal or glass. Architectural Review Committee will be sole judge as to the acceptability of materials and designs. 1. Illumination. Lighting of the Tenant's blade sign is allowed. The Architectural Review Committee shall approve the lighting design before installation of such lighting. Electricity for spotlighting must come from Tenant's space and the lighting must be installed by a licensed electrical contractor. External lighting must be baffled or shielded to reduce glare in the eyes of pedestrians. v. Window Lettering a. All lettering is to be professionally painted or applied vinyl directly on the inside of the storefront glass door. Gold or silver leaf is encouraged. b. The logo and name of the store may be represented by letters up to a maximum height of 3 inches. c. Store hours on the entry door are encouraged. The store hours lettering may not exceed 9 inches high x 12 inches wide. d. If Tenant has a non-customer door for receiving merchandise, the Tenant's name and address, number only, may be applied on the door. The letter height is to be 2" high, Helvetica Light font made of white vinyl applied at 5 feet, 6 inches above bottom edge of door. Where more than one tenant uses the same door, each name and address shall be applied. 8. BAY VISTA VILLAGE IDENTIFICATION AND DIRECTIONAL SIGNAGE i. Primary Bay Vista Village Identification Monument Signs: Bay Vista Village may have up to three primary identification freestanding monument signs (entrance and portal) and may share one primary identification freestanding monument sign (portal) with the residential community. Maximum size shall be 100 square feet. ii. Secondary Identification Monument Signs: Bay Vista Village may have up to four Secondary Identification Monument Signs, one per building. Maximum size shall be forty square feet. February 11, 2009 . Planning Commission Recommended Draft iii. Directional Tenant/Building Owner Signs: Bay Vista Village may have freestanding and/or wall directional signs as needed to help pedestrian and automobile traffic locate various retail tenants and building owners within the Village. The style of these signs is to be consistent with primary and secondary monument signs. Maximum size shall be six square feet. L. GLOSSARY Definition of terms shall be in accordance with the definitions of the BMC with the following additions and/or revisions. ARCADE - A colonnade with arched openings. BLADE SIGNAGE - A vertically oriented sign hung from, and perpendicular to, a facade so that it may be read by pedestrians on the sidewalk. BLOC K - A unit of land bounded by streets on all sides. BUILDING HEIGHT - The distance from the average finish grade at the facrade to the highest point of a flat roof, or midpoint of the slope on a pitched roof. CHEEKWALL - The side wall of a flight of stairs or steps. COLONNADE - A covered passage way supported by column, and lintels open to the street with rectangular openings. COURTYARD - A courtyard is a space defined by a single building or multiple buildings on at least two sides, and a fence or building or other well-defined edge on all other sides. DOOR-YARD - The area between the setback and the public sidewalk. Planting, porches, lead walks, stoops and fence occurs within this area. FOOTPRINT - The footprint is an outline showing the extent to which a home, building, or other architectural element covers the lot on the ground level. FRONTAGE OCCUPANCY - The minimum amount of primary facrade that must be built along a setback. FURNISHING ZONE - A continuous zone extending the entire length of commercial and mixed-use streets parallel to the street and delineated from the back of curb, having a consistent width that is identified for the placement of permanent elements such as street trees, tree pits, tree grates, street lights, trash cans and benches. Moveable tables and chairs are not prohibited from this zone. BAY VISTA GARDEN WALL - A wall that separates a courtyard, front yard, or service area from the street in order to screen private activities from the public realm. Garden Walls are independent walls over four (4) feet high. LEAD WALK - Pavement that is intended for pedestrian travel to and from a building entryway, courtyard and the sidewalk. LIVE-WORK - A live-work building/unit is one in which the bottom floor is designed for commercial uses and the space above is designed for, and occupied by, residential uses. It is also designed such that the attached residential unit could have direct access to the commercial space if the residential occupant were also the commercial tenant or commercial business owner, but can be secured (prohibiting access from the above residential unit to the commercial space below) if resident is not the commercial tenant or commercial business owner. LOGGIA - Similar to a porch, a loggia is a covered exterior space, but one that is set inside or recessed into a facade (as opposed to a porch which protrudes or extends beyond the facade of a building. MIXED-USE BUILDING - A building with two or more uses having a different use on the ground floor (e.g., retail on the ground floor and residential above). OPEN SPACE - An area that is intended to provide light, air, and/or views or general appearance of openness, and is designed for scenic, recreational, private, or environmental purposes. PAIRED FACADES - Two facades next to each other, sitting in front of an open space composed with the same or a complimentary architectural design and character. RESIDENTIAL MIXED-USE BUILDING - A mixed-use building that requires residential use on the second and higher floors. PORCH - A porch is a covered, platform raised above the surrounding ground providing a transition from the public to private realms and entry into usually a single dwelling unit but, on occasion, multiple dwelling units. PRIMARY FACADE - All elevations (Front and Side) that are parallel to, or are clearly visible from a street. SCREENING - A natural or constructed barrier consisting of any landscaping, fencing, or other barrier intended to block a view. SECONDARY FAC;:ADE - All elevations that are not defined as a primary fa<;:ade. SET PIECE FAC;:ADE - A primary facade in a prominent location that should be designed as a focal element with a greater amount of detail than the surrounding buildings. STOOP - A raised, covered or non-covered, projecting stairway that connects a building's porch or entryway to the ground usually at the front yard a building. STREET FRONTAGE - The building or house facade running parallel to a public street or private street. STREET WALL & FENCE - The street wall, or street face, is the visual three-dimensional wall that is formed by, and composed of, the primary facades located along the build-to line. THRESHOLD - A passageway enclosed by buildings on both sides and above by building or other architectural elements, that one moves through to enter a space or street. TOWER ELEMENTS - An integrated, architectural element that extends above the roof line that may be used for signage/advertisement per approval of the Bay Vista Architectural Review Committee. VISITABLE DWELLING UNIT & VISITABLE ENTRIES - A visitable dwelling unit includes at least one zero-step entry, located at either the front or back of a unit, with a minimum 3-foot wide entry door and includes, among other things, 3-foot passage doors throughout the ground floor of the entire unit. A visitable entry is a zero-step entry to a dwelling unit. February 11, 2009 . Planning Commission Recommended Draft INTENT The intent of the Bremerton Housing Authority's Master Plan for the Bay Vista site is to have the community follow the principles of traditional neighborhood design. Early in the last century, communities were much more pedestrian-friendly and socially connected. In a traditional neighborhood, one will see residential and commercial uses mixed, or in close proximity to each other. Newer communities, however, have segregated these uses, requiring residents to use their automobiles to do anything outside of their homes. The goal at Bay Vista is to encourage resident interaction by making the streets and buildings as pedestrian-oriented as possible, and to provide mixed uses that allow residents to walk down the street to purchase some basic needs, rather than leaving the community and driving to a retail destination for every need. The look and feel of the community should enhance the pedestrian experience, and the design concept of a varied and interesting village that has evolved and built up over time is a design objective. Large buildings should be designed such that their facades have the appearance of several smaller buildings, using varied colors and materials and modulation, to reduce their apparent scale. Houses and individual townhouse units should be designed to appear as unique buildings grouped together, rather than repetitions of the same fac;:ade. Commercial and retail buildings should enhance the window shopping experience, and create a sense of liveliness and quality through the use of varying materials, colors, signage and awnings. Commercial streets should contribute to this effect with enhanced paving materials and the use of street trees, street furnishings and pedestrian-scaled lighting. Commercial and mixed-use buildings should have a timeless character, and a northwestern look and feel. This section will work in tandem with Section IV Zoning and Development Standards. The Design Standards are not City regulations, but will be adopted as Covenants, Conditions, & restrictions (CC&R's) applicable to all property within Bay Vista. The Bay Vista Architectural Review Committee (ARC) will be responsible for their enforcement. The ARC will review all building and related applications before they are submitted to the City to ensure compliance with these standards. The Design Standards for the Bay Vista site are divided into the following topics: A. General Site Layout and Building Orientation B. Facades C. Entries D. Roofs E. Windows F. Walls G. Colonnades, Arcades, Loggias H. Columns 1. Balconies J. Colors K. Materials 1. Lead walks and Front Yards M. Walls, Hedges & Fences N. Landscape Design O. Amenities BAY VISTA . ,..:-:l K~; I I ! I I :'" .(ijjJ ;g ;~ ',~ 'i7' .' . :~ ~ :~ .~ .-w t;::i '~ "rQ ,<~., ':l,~ < , .:~P "j" . ,',~ "~ 'g.' ~ '~' ~ "~ '~ ,- ,.",J I .', ," :,t: 'fig:' . ,', :;:_J February 11, 2009 . Planning Commission Recommended Draft v - DESIGN STANDARDS A. GENERAL SITE LAYOUT & BUILDING ORIENTATION: 1. Anticipated building mix and site layouts within Bay Vista are outlined in Figure H-1. 2. Primary building facades should be oriented to the street or pedestrian plazas. On corner lots, both street facades should use the primary fac;ade materials and fenestration types. 3. Buildings should be located at block corners. It is not desirable that any voids (what is left after subtracting the minimum frontage occupancy) be located at block corners. 4. Buildings shall meet the setback and minimum frontage occupancy requirements indicated in Section IV Zoning and Development Standards. 5. Buildings should generally be parallel to the right-of-way line except that special exceptions are allowed for topographic conditions or special urban design considerations. 6. The end units of courtyard arrangements should comply with the frontage conditions and building setbacks guidelines of the site planning section. 7. Parking shall occur behind the buildings that occupy the perimeter of the block. 8. Multi-level buildings with commercial, office, or residential use are strongly encouraged to create a more clearly-defined street edge and to provide upper-story activities which overlook the street and plazas. Clearly defined and convenient access to the upper stories should allow economic viability for commercial uses and/or separate entrances for residential uses. BAY VISTA '~i o "'~I ,~ .~ ...I;i;b< '~ "0 '~l.... If#.,::-;;i ~ I ':~ ..~ :~ @. .~ 101' ~ (@). "tJ' 0- ~ '", ~. "....: I Z ,! '!tJ "i~l .~ .1 j I ., Ii .. , >", ~ J Name Lot Configuration Axonometric Section Lot Type Average Unit Size Access Open Space Precedent Images Figure H-1 Building Types Type A Type B ''" [" " '{i......."-~ Single Family 1,900-2,600 s.f. 'f':y', Single Family 1 ,400c 2,200 sJ. From the Street From the Street Front/Rear Yard Front/Rear Yard February 11, 2009 . Planning Commission Recommended Draft Name Lot Configuration Axonometric Section Lot Type Average Unit Size Access Open Space Precedent Images Figure H-1 Building Types Type C Type 0 ../j ~>~r,! 'c.cO,; i .:;~; .'1 ~..:-st. _' t ':~,~ ~f "t f ..... ).~.::;:I ~ ' ' --:::. f ~;~<! @i~;I' ; rui .~i;i I"~i ~, :~..'::;';.:: ,j~'! ~j ~.~.j ~'1 ~~ ".X,~j <=7/ : &;.i ,~j i;::'::::;il ~; .aft.Jl1 i~J . :J;j,;: .! l~! [ '>:'": j (~;i , t)l :~i I=:::i ' ib::::t; i.\T J y: I~.j ~:! \;1 .,'%;'.1 ...!}j 1:. ':.~:;.I ~ -:-~~~~, 1 '1 j ,:i(1 l:';:~i I' ':&;1 , ",' ~ _ .'"1-~",--',_'~ I,"';'.""! ! ";l~--: I:::,ltj BAY VISTA Lil , :":~:;"":;_l.......... -;", ;:";'1 .~:~,~ '1~ 1~~ " ; ":'1 ':._~~'(' ',' /; ':;i':" ~.'~,),"I '-~"~- ~".I Duplex I ,400- 1,700 sJ. Duplex 1,900-2,200 sJ. From the Street Front/Rear Yard From the Street Front/Rear Yard ~ ! .~,.-:, "J.:,; ..' , :-t;.;,) . ,;;:~~;^;, 'J - ~1~'~~'1 '~.....,.:" "::.~,, 1 "l I I ~I " j j I oS. i' .;'l.-, '~~;~:, > :~ '{9J' '~'l '\~ @., % ,~ '~ ~.I ~I .'~ "rJ .do "'.'~.'.."I .:t :,@ )::::.;=:i ',~ (QJ ~ .~, " ~> Figure H-1 Building Types Name Type F Lot Configuration Axonometric : .~~' -;." . ......-c;:. - Section "";",,'"L';;'. 'iIIii"~!" .. ,,-: '" I~' t 1". . ~.. 1, ....~~~ '~~'~1 ""4-"",' .~,. " .~. , ':~l?L:"_~':4'. ' Lot Type Average Unit Size Townhouse 1,000-2,000 sJ. Townhouse 1,000-2,000 s.f. Access From the Street From the Street Open Space Front/Rear Yard Front/Rear Yard Precedent Images ":~~.'~ 'I ' ~, <t~~'~"': ;-":tj :"~'I .:. .:: .'. I February 11, 2009 . Planning Commission Recommended Draft Lot Configuration Axonometric Section Lot Type Average Unit Size Access Open Space Precedent Images Figure H-t Building Types Type G Type H '1- ' T, .' , iliiliit. .---- . ", ~~ ~ " (J"~.., '}, ,~-,,' ~:,~ ,..w.~~,~_...,_..w..::;...... ,.,.a;..;. ..z ',,- "'="."" "..".' . -.;: .', ,-::~:.,. Detached Cottage Court 1,200-1,700 sJ. From Street thru Court ard Central Courtl 2 over 1 Stack Flats 6QO-l; 100 sJ. Walk-ups Balcony '" " '1 '4 , ~ ~~1 ." ~ 1,",4 " 'I '1 , i '.'1 ;g -,':i :j ,'. ,"",! -I j , ',il d '4 ,.,,;J " '~1 ,,'Ii :"'1 ;,' '.j .,,:,\!0) 1 :.~~:j ,~~1 '{~,i '";~H ';~;1 ;~~J ""tr:1..1 ::~~ ;~"j ~:] ~'i;==:!,~ 3~'j <~~,ci .,:@,~ :",; ,,,;1 " Dtl I ::>~ s~. :' 'J ':~;I ,7f)J y,,! ~--I~l',"l .r--L.:.... " cr!~ ,g'j .,~;l ,<~~,J :,<oj ,j ~ j '~ :j J " .,J ~j ,"j .'.' 'j BAY VISTA ~ ,1g '~. :~. ~' i~ .'JJ.e' .~~ ';.~ .:~. .~~.' i::::::;;i ',~ '.'~ .}~ ~~. ;~: 'g 't~ ~ .V .~. ,:';~ Figure H-1 Building Types Name Type I Type J Lot Configuration Axonometric Section Lot Type Small Apt. Building Apartments Average Unit Size 600-1,100 sJ. 600-1,100 sJ. Access Common Lobby Common Lobby Open Space Balcony Balcony Precedent Images .c'" ..;",. ',~'.0~ -j ...~Fl ". 'tij February 11, 2009 . Planning Commission Recommended Draft Name Lot Configuration Axonometric Section Lot Type Average Unit Size Access Open Space Precedent Images Figure H-1 Building Types Type K Type L DIl II ". <,' ~ ,,,\-,~,: , : :"'~:;"."' i .~~... , <" . . ~,.t:'.. j' . _ ~;J.. "1,: Ij~l ., . .~" I ,,~ "'~. """-'..'..' -' "~I ~>~~"_>~ 1 ,,~;r'l . .... '1 ',-,' . ;,:,'J~:1 > ! ~~ 4,. " (,,;a,j>. ~ ';::;;.~. ; '.'~I :"~l ~i .j~., '~I ,~,.i -"~~:l "'~:.I ~- ~. I~' '-i,~.'.'1 '~~'11 , "-'\t..'J '~I ~J. Ii:L~"1 ':s;.] .~.j :~j rt.J~1" '~" -.1t1t , ';,'. ~J:f ;_ '."~i;{ ""''''j ~"I . ." 'j ,~i AI ~I "~i '~'i f,i' K'; "~;.'11 ,~.- . ": j:-'I -;;1' -,' "'..t~.,~. ..~:;.J .r ~';~j I'.' "'''''''';'11 " '~'-:.. , < f~ j .,;.. j'<';;1 " ;::r;{~f ";1~~ , ....1 ". J~(:.l ., ....:.'.tj! , ',':~i ~ ,. ',<:"':-: .....~i1 - , ;:R;<'- " I.,~""i' : ,T).'___ .,~') '":.~.~' "'" ~~~IE '" . , , -.' -:".::~,' :; ._..-r...~.. . " ,~J '" ;'" \ I ~. . .:.~~~ ,:j< > .. , "~'~-==--Il~;.tl! ';:-=- ~._~..~..~,~_.~.f.:~...,...~....::, n. ,'",ryD'-':",-:- ->;~.r:: "i"f."\,ok _ ',~ '~.1 Condominium 600-1,100 sJ. Mixed - Use 600-1,100 sJ. Common Lobby Central Court/Balcony Walk-ups BAY VISTA r><' ~ ',< '. :~,~;~~, <'~ ;:~<!TI -"" , ~< . .;.;j,;;J /<~ "@1 .~, '~ "~' ,1.:.::; ~I' <~.. '~i . 'All L R.'Fi\., '.' "~+ ~ '~@! :~I '0'1 l~11 '~<il ~. ~:,~; ..~I JQ ,.,~. '.~ g ''Ui'" i ,j""'::;' .~ ,'.$0/ < B. FACADES 1. Residential buildings longer than 60 feet measured at the setback line shall be designed with a finer grain to look like multiple buildings no larger than 60 feet in length more than one building. 2. Primary building facades shall be oriented to the street, or both streets at a corner lot 3. A clear distinction between the ground floor base treatment and that of upper floor levels is suggested to be articulated (refer to Building Vertical Composition). 4. Buildings shall be located with front facades along building setbacks. 5. Buildings shall line the setback line in a continuous edge and shall meet the minimum frontage occupancy requirements. Alternatively, along Oyster Bay Ave where there are high- tension power lines along the frontage, and along streets that border the SR 3 sound wall, buildings or ensembles of buildings may be designed in a courtyard arrangement with only the end units at the setback line and the middle units set back as necessary to create the courtyard. Cottage Court developments shall use an internal setback line to align units in such a way as to define the edge of the courtyard open space. In such a cottage development, only the end units closest to the street shall be required to be built to the setback line. End units in cottage or courtyard developments shall provide a primary fa<;ade facing the street. 6. In order to provide for facade articulation, building facades may step back a maximum of three feet from the building setback lines for a maximum of 30% of the building face along a block face. 7. Townhouse rows that are designed as a symmetrical composition with the end units located along the building setback lines, with the middle units recessed no more than six feet, and all the middle units having porches at least eight feet in width that occupy the building setbacks, should be permitted and should be counted as occupied frontage for the entire length of the building. 8. Buildings may step back from the building setbacks a maximum of two feet and still count toward frontage occupancy, but recessed portions of buildings may not exceed 30% of the frontage requirement, except in the case of courtyard buildings and cottage developments as outlined above. 9. Eaves of adjacent fa<;ade sections shall are encouraged to be varied vary in height. 10. Buildings shall occupy the perimeter of a block and front facades shall face the street, except for cottage courts and courtyard building as outlined above. . 11. Mixed-Use Buildings longer than sixty feet should be designed to look like more than one building. The finer-grain of the large fa<;ade may be articulated through the use of color, materials change, fa<;ade modulation, larger architectural elements such as bay windows or other such projections, placement of entryways and other architectural details. 12. Canopies, awnings, marquees, porches, building overhangs and arcades are strongly encouraged along street frontages or in the commercial area to provide pedestrian shelter from the elements. For structures with ground- level commercial frontage such as canopies, awning and marquees shall be no less than nine feet above the sidewalk. 13. Liner buildings housing permitted land uses and designed with primary building facades shall be used to screen blank walls or non- pedestrian-oriented land uses from the street. February 11,2009. Planning Commission Recommended Draft C. ENTRIES 1. Residential entries shall be located at the street building front. Cottage developments and courtyard buildings may use the courtyard or central common open space for residential entry to individual units, as long as the courtyard or common open space is directly accessed from the street. 2. Service entrances shall be at the rear of the buildings. 3. Entrances to second and third story uses in mixed-use buildings should be located along the street building front. 4. Secondary entrances may be located at the rear and sides of buildings. 5. Stacked-flat buildings and Manor Houses shall have at least one set of stairs and one stoop on the primary fac;ade. 6. Stacked-Flat building and Manor House entries, and porches on primary facades shall be no more than half of a story in height above the sidewalk elevation, except where accessible units are provided on the ground floor. 7. All entries on primary facades shall be higher than the nearest sidewalk elevation. 8. Front entries to each unit shall be architecturally well-defined and visible from the street except in the following cases: i. Where the lead walk and architectural design and detailing make the path to the front door obvious; ii. Where the design of a duplex or triplex, or four-plex is such that the ensemble is meant to resemble a single large house; iii. Where residential units in a courtyard arrangement, as described above, may use the courtyard for individual unit entries, provided the pathway from the sidewalk to the courtyard is architecturally well-defined and the units at the ends treat the street-facing fa~ades as primary fa~ades, with or without entries. 9. End units of a row of townhouses located at the corner of a block shall be oriented to face the secondary or side street with the entryway and primary fac;ade. BAY VISTA ~'';"'' ,"-', :, ".-i~>: :.y;~~ ""~' ,~-F "c' "'- . <t '~.'." , 'o'<-~- . .:'~~/,; - .: ~:~:-~-" ",,:",.,:' ' ,>,';~":"/"'1'I , "';~';~t . .~.".,;, I .<, 'j . ~ y"> ~ ,'. ')): ..,:: ~;'~'~:","'j! "'.'- ~ "fv ~:.;'*,i-l "i e:J' ',~'.I .~I .:~ ....~ ,:~ .~ 'J;~ ;~ .~ :~t ..~, "~~I "l.rc.:!l .@ " I ':~91 ~. ~: ..~ ' < ,,< ~. [#:;1 g... , . (,' . .;~ ~. ,i ~I . ;:'~('.j ...."'.. '<)J~ , ':~:~~. " -"'~:~4.' . . D. ROOFS 1. Roof penetrations, except cement plaster or brick chimneys, should not be easily visible from streets, or should be painted to match the color of the roof. 2. Gable ends on all roofs, stoops, porches, and balconies should have no less than a 6 in 12 pitch. 3. Hip roofs should have no less than a 6 in 12 pitch. 4. Roof-vent penetrations should be located at least 10 feet, 0 inches from any exterior building face. 5. All hipped or gabled roofs must have eaves. 6. Gutters and downspouts, when used, shall be made of galvanized steel, copper (not copper coated), or aluminum. 7. Attic vents shall be appropriate to the style. 8. Cornices are required on buildings with flat roofs. They should include a projection no less than 24 inches vertically above the roof surface, and no less than 4 inches beyond the building face. Cornices shall be sized to be proportional to the building. Flat roofs shall only be permitted on commercial, mixed-use and high- density multi-family buildings E. STREET FRONTAGE WINDOWS (APPLIES TO ALL STREET- FACING FA<;ADES): 1. Specialty windows (oval, octagonal, Palladian, etc.) are restricted to one per section of facade. 2. Triangular windows are not permitted. 3. Openings for windows should have a vertical dimension greater than or equal to the horizontal dimension. Individual window units that meet this standard may be ganged together is such a way that the ensemble of ganged windows has a horizontal dimension greater than the vertical dimension. Horizontal slider window units that have an overall opening with the horizontal dimension greater than the vertical dimension may also be used. as long as the sliding and fixed panels that make up the total window unit each individually have a vertical dimension greater than or equal to the horizontal dimension. 4. Exterior shutters. where used, should be sized and mounted appropriately to actually fit their window. 5. Windows on the primary or street fac;ade be may use a "Simulated True Divided Light". 6. Glass block is not permitted where visible from the street 7. Windows may be grouped. if separated by a mullion at least 5 inches wide, to create a horizontal composition. The maximum combined horizontal dimension should not exceed three times the combined vertical dimension. 8. Window sills should project a minimum of 1 inch from the building face. 9. Doors. except garage doors. should be, or appear to be. constructed of planks or raised panels (not flush with applied trim). 1 O. Where masonry is used, all entryway and window openings should use concrete, or masonry lintels. , ,;.:,: "': February 11> 2009 . Planning Commission Recommended Draft 11. All window trim should be a minimum of 3 1/2 inches in width. 12. Any building utilizing masonry or cement plaster as the exterior material shall have windows inset at least 2 inches. 13. Windows shall be clear glass. No reflective or tinted glass is permitted. F. WALLS 1. Designs and materials should be consistent or compatible on all primary facades. 2. Accessory buildings shall be constructed of the same materials as the principal structure. 3. Foundation walls of stoops and porches must be consistent with the foundation treatment of the building. The space beneath stoops and porches, If not built of concrete, shall be enclosed with exterior sided walls or heavy- duty wood lattice no more than 60% open. 4. Wood elements such as trim and visible window framing should be painted or sealed with an opaque or semi-solid stain. Exterior and interior corner trim is encouraged to be painted to match adjacent siding color. G. COLONNADES, ARCADES & LOGGIAS 1. The vertical dimension of the openings between columns, piers, or posts on colonnades or arcades should be at least 1.0 times the horizontal dimension of the openings. H.COLUMNS 1. Columns may be composed of brick, stone or simulated stone alone or in combination with colored pre-cast concrete, and/or painted or stained wood timbers or casing. 2. Columns should relate to the architecture of the adjacent structure, and of adequate thickness relative to the scale of the building and the material used. [", "';,;:;/'1 fc';-1<;~"1 ~.t::k~~ """~~d:~>~1 ~.~~~ f"""'~~ ~~ f~1 BAY VISTA I J ..,," ,I ',Cf\ '1 ,~[j<: I ~,' i ';;:;<'j -'-~",.:' :'J.;' I ":~,:,l }~:~1 ;t3}"" .,~~ ~; :~'i ,~,! :~I ~fOl ',~ '~ '~k"" '~",,~,"I . 1'~ ' "~.. "~I :W{?) I ~1 '~; j~~~' .t(Q1,1 ",1r;;.'j ,,~ .:~;j ~'I ~,@I '.~l ~l "~I ,~c1 ,~; j:;; '; -~-' . '~f~ "..,w.;;. ,~ . ~"" S , .. . "'::.~*J'. .f!""'_ . '-[" '-:..~ ~ <',.,t fit,:, .: :~.f.'.: ~j , </1 , :~.~:'::.':..,', I . '0' , ';;$1 . .0",' "'\'i1 '-,;.;>::-.., :"~~;:'i . '. '~'1 ' <.";:,' ". ",~;;j T _~._ _'" " I '1 1 " I. STOOPS PORCHES AND BALCONIES J. COLORS 1. Colors should be consistent with the style. 2. Tastelessly colorful, excessively elaborate, neon, or otherwise "loud" colors may not be used. 3. A variety of materials and colors should be used throughout the Bay Vista site. Fac;ade colors shall be used strategically to create a sense of diversity (while maintaining harmony), and to reinforce the urban design. Interspersing dark siding colors with light siding colors is encouraged. It is strongly encouraged that a color consultant be retained by each developer and builder to assist in selecting an exterior building color palette and in selecting colors for each specific facade throughout their particular portion of the development, in coordination with the efforts of other builders and the Bremerton Housing Authority's housing designs to achieve a harmonious overall effect. 4. Changes in color from one townhouse, or from paired townhouses fac;ades unit to another unit or pair of units, are strongly encouraged, but shall only occur when there is a break in the building wall plane or building form. 5. Each townhouse unit or pair of stacked-flat units or pair of townhouse units if designed to appear as one larger residential form, should appear to be a separate attached building. A maximum of four townhouses or four stacked-flat units stacked townhouse units on a block or street frontage may have the same color fac;ade. No more than two matching units by type, size and fac;ade design should be adjacent to one another. Stacked-flat buildings are encouraged to provide a horizontal color change at or near the floor line between the two units. 6. Cottages, cottage courts and courtyard buildings: A color scheme of compatible colors should be designed to reinforce the relationship between units within the ensemble as part of a larger whole. Units within the ensemble need not, however, be all painted with the same color scheme. 1. All residential buildings should have a door casing appropriate to the style. 2. The vertical dimension of the openings between columns, piers, or posts on a porch, stoop, or balcony should be at least 1.6 times the horizontal dimension of the openings. 3. Screens are not permitted on porches, or balconies facing the street. 4. Balconies shall visually appear to be structurally supported by, or include decorative brackets or Porches should be a minimum of 12 inches or two steps above the adjacent sidewalk elevation. 5. Balconies and porches are permitted to wrap around corners, and are encouraged to do so at block corners. 6. All front porches shall have stoops for access, except where accessibility is to be provided. 7. Visitable entries may be provided at either the front or rear of dwelling units where practical and possible. So as not to conflict with the standard for stoops at porches described above, the preferred visitable access shall be the rear door, where practical and possible. February 11,2009. Planning Commission Recommended Draft K EXTERIOR MATERIALS 1. Exterior wall materials that may be utilized on all facades of buildings include: i. Natural materials such as brick, stone, wood and stucco may be used at all building types. ii. Exterior Insulation and Finish System (EIFS) and metal (either corrugated or in shingles) may be used only at commercial and mixed-use building types, including live/work units. iii. Fiber cement, also known as cementitious, siding (such as Hardiplank, Hardishingle, and Harditrim) may be used at all building types. iv. Simulated stone that accurately mimics natural stone and turns corners realistically may be used at all building types. v. Aluminum siding, vinyl siding and vinyl trim are prohibited at all building types. 2. Roofing materials that may be utilized on all types of roofs include: i. Wood shingles ii. shingles iii. Metal standing seam roofs -- are permitted only on commercial buildings. iv. Architectural Grade asphalt shingles. 3. Trim materials that may be utilized include: i. Wood ii. EIFS iii. Synthetic wood products board (synthetic wood product) iv. Fiber cement trim material v. Extruded polynrethane (such as Fypon) is only permitted as trim material on flat-roofed buildings. 4. Windows: i. For brick and stone facades, vinyl windows shall have an oversized moulding surround that measures a minimum of 3.5 inches and shall be recessed into the brick face. ii. For facade clad with siding, vinyl windows shall have trim appropriate to the architectural style (consistent in style, dimensions, and placement). 5. Mixed-Use buildings: i. Mixed-Use buildings along Oyster Bay Avenue,Arsenal Way, and Bay Vista Boulevard should be clad in masonry (stone, cast stone, or brick), stucco, EIFS, corrugated metal, horizontal cementitious siding, or cementitious board in board-and-batten configuration. Vinyl or aluminum siding and plywood siding are not allowed. ii. A minimum of 50% of the Live-Work facade should be masonry, stucco, EIFS, or metal clad. 6. Awnings at commercial fronts in Mixed-Use and Village Commercial zones. i. Awnings should consist of a metal structure covered with fabric. ii. Awnings may have a front skirt, but the bottom of the skirt should not be scalloped. iii. Awnings may include logos and text but shall not be backlit. iv. Awnings or marquees are permitted directly above commercial portion of fa~ade uses a minimum of nine feet above the sidewalk. BAY VISTA ~l :~t>'1 ::":.' ,I' f'\,-f. i ,:1 I j :. ." I , ,;;~' }', !'::{~ '."t:/ . ~ "~~:' '" : '.:~/ I : o~;\'~ .~. .'~. .~ ;~ ,~. '~~ :~.....,' 'r) "~ "~ ..~ ,"1.~, '~ ,;~ :~ ,'/' ~~~ ' ~ '~' ",g ~ ,~. ,:'~' ',! ~t! , 1. LEAD WALKS AND FRONT YARDS there shall be a lead walk serving as access to the courtyard. Street-facing end units of these courtyard clusters may also be served directly by individual lead walks. b. The edge of a landing should align with the edge of steps, or extend beyond it by a minimum of 8 inches. c. The landing of the lead-walk steps at the sidewalk should be equal to one stair tread, and never less than 12 inches. d. Slope of the landing and lead walks shall not exceed 3%. e. When two sets of stairs are separated by a landing or lead walks, both sets of steps shall have consistent the same tread width. f. Steps shall have at least two risers and a cheekwall; g. Cheekwall of the steps at the sidewalk shall align with the edges of landing at sidewalk. h. For Cottage Court developments, the walkways in the central common open space serving the cottages shall be considered as the street sidewalk in terms of lead-walk configuration standards. 1. General Development Guidelines: i. Lead walks should be constructed using the standards shown in Figures L1, L2 and L3. 2. Materials: ii. Special paving materials and/or patterns are encouraged for lead walks. Appropriate materials: stone (native or faux), concrete, (can be colored/stamped), brick or precast concrete pavers, decomposed granite or gravel, clay tile and asphalt are not appropriate materials. iii. Steps and landing lead walks shall be constructed of the same material. Guardrails on site steps (if required) shall match front porch railings. If only handrails are required they shall be designed consistent with or complimentary to the style of the front porch railings. iv. If retaining walls are necessary at the sidewalk to achieve finished grades, they should be brick or stone veneer and/or should match the masonry elements of the house. JItM; ~= v. Front Yard Grading: a. To the extent possible and practical, the ground should strike a horizontal line at the building facade. b. Single-Family-Detached homes should transition grade a minimum of 3 feet from building sides. c. Slope of front yard should be between 2% and 5% to the extent possible and practical. d. Change of grade of the front yards can be accommodated with a maximum of two sets of stairs: One attached to the house stoop and the other at the edge of the sidewalk. vi. Front Yard Slope at Sidewalk: a. Slope of the front yard at edge of sidewalk should not be greater than 1:2 with a maximum vertical height of 30 inches. Slopes greater than 1:2 should be planted with ground cover rather than turf. b. A change in vertical height greater than 24 inches requires construction of a retaining wall. vii. Lead walks, Stairways & Landings: LUOKH:,il; ,t\,!lI'"",*,- ~~.!Ilti. .L ~,D.. I, ... .. .. .. ,. - ~ ... ,. .11 ..,. ""! - - . ~ - ".I~ . ',.,m..P9:" .Uf~ .' 'I" "..',.-..,~.,.~I~',~ _:- .:_~~ H:IiIi\!,'.!UJ Figure L-1 Lead Walk Slope '~'1 L~ ri i?~ ,-' ,. "h~ ::~~t;;~ a. Lead walks should provide a direct connection to the front entry and should be a minimum of 3 feet in width. In the case of multiple dwelling units arranged around a common courtyard, .-' err .,- ~";;i!" , ../~r- ./~ .~ " Figure L-2 Lead Walk & Steps February 11,2009 . Planning Commission Recommended Draft M. WALLS, HEDGES & FENCES N.LANDSCAPE DESIGN 1. General: Garden walls, retaining walls, hedges, 1. Design courtyards, decks, and outdoor spaces and fences may be used to define the edge to emphasize the outdoor-oriented lifestyle of between the public street and private yards. the Northwest. Landscape design of residential 2. Materials: buildings should blend the architecture with the natural environment to the extent possible i. Garden walls, privacy walls between adjacent rear and practical. yards, and other fences located in rear yards shall be coordinated with the architectural detailing of 2. Landscape structures, site walls, and outdoor the building. areas should use natural and indigenous ii. Retaining walls shall be masonry or stone, building materials, such as wood, stone rockeries or architectural concrete when forward or simulated stone building materials that of the setback line or when visible from public complement both the architecture and the spaces or common areas. iii. Chain link fences shall be black vinyl-coated. natural environment. iv. Front yard fencing shall have a maximum height 3. In the public realm landscape designs that of forty-two inches from finished grade. v. The top of fence shall step with sloping include fountains, public art and other topography. signature landscape elements are encouraged vi. Preferred building materials for perimeter and shall reviewed by the Bay Vista fencing include masonry or stone walls, or Architectural Review Committee. 'open' (non-solid) wood fencing. Chain link is prohibited except along the alley. 4. At time of installation, all plant materials VII. Fence designs should have a desirable appearance should be of a size that visually supports the from both sides except when one side is adjacent size and scale of the architecture and the to a critical area or not visible from a public area neighborhood. or a private front or rear yard. viii. The style offront and street-facing side yard 5. When used in combination with walls or fences and walls should be coordinated with the rockeries, plant materials shall be a minimum architectural style of the building home. of 80% native and/or drought tolerant varieties. ix. Side yard fences attached to a house should have an opening or gate on at least one side of the 6. The height of landscaping along the front and house to allow for access between front and back side yard property lines or adjacent to public yards. spaces/common areas shall comply with the x. Wall treatments viewed from public spaces fence height restrictions for these same areas. should be coordinated with the design of the building house. 1. ,Courtyards, decks, and outdoor spaces should xi. Landscape walls, when used, should be stone, be designed to emphasize the outdoor lifestyle brick, pre-cast concrete with corresponding caps of the Northwest. XII. Landscaping adjacent to public areas should not create a visual "wall." 8. Significant trees and vegetated areas should xiii. A fence or wall style shall not be repeated at be preserved to the greatest extent possible in adjacent units or buildings. xiv. Trellises or arbors may be incorporated into fence both initial and future development work on design, particularly at courtyard buildings. site. 9. Landscaping should define outdoor living spaces, enhance the architecture, and maintain off-site views. BAY VISTA 7;;', :'1 i . ' ;.~] "j . J :"f "'j ;': ~ :~ ~1 'I <! ;l . ,'~:~ ,,1 < , . ,~{ .~:'p" ~1 ~~;' v:':~j ~\~ , . .] ~~'.. ii! <',~ i ;:'~.~ 'ii~j .~ ~J, 1 ,;,iClG"l ""~>, ~~' J~j l'kl: ~~) :;;.~'~ :~Fl .fflt ":~: ~ . .~~ ,r-g' ~ ", tb;ii .~~~~:l ~.~ ~~~ 'i~~j '.A,:I ,g. .: ' 1 :~ ". ~.'1 .'~i :' '",j "Z'l :'(,AJ ,:OJ ,,'J:;;=;! ~ ';6, . Jr':' ,~ ~~j .1~1 .:~'i d 3 ";1 "1 '"" '-.'~ ,I '-.f .. \j l .. '1 .-;i , "j , 1 'j :-1 :1 :<;J i.I"',_ .fl ")'~~1 ~<::j ~~WJ f~ .~.~ '~-'~ < " ,~ ~ ,t,:, !I " " I , I , I :1 i "'j .I '" ,.~>~' ,- :;,'::, ! 'r0?J' ':'~".'>I ",'. .1 " lCSJ' " >'.""'0:11 ,~H ~l '~I :~ :"i't~'1 :~@,i "," I :,~, '~ @I !::::;;:J ,~ ~, '@l <1"-" ,'I ".'o~ "f "'~~'l ~1 ,~.,' ,B,,'! @I ~'I /?:T'; U' ,~'l ,0/<51 ""', 'j " ,I I j I . .,1' -,,:'" :f~ll ',', '.;1::;, ',"',';:,\ ': , " '.'<' .' ~~Ij)) ',im3i,.! ...-::.J 10. Trees and shrubs, at maturity, should not interfere with view corridors, utilities, or solar access for adjacent properties. 11. Plant Selection 1. Other plant materials may be considered that have these characteristics and similar maintenance requirements. 11. Plants suitable for planting on slopes are identified in at the end of this section. lll. Trees and shrubs should provide a varied canopy for functionality. The lists reflect the intent to emphasize evergreen species within the landscaping plan. iv. Scattered plantings of deciduous species can be featured for their seasonal color, interest, biodiversity, and habitat contribution. v. Plants should provide year round interest (e.g., fall color, flower, foliage, branching structure, and branch color). vi. The use of native vegetation at Bay Vista is strongly encouraged in locations where appropriate, and where the survivability of the native vegetation is most likely. These areas include understory areas in native woodlands or created woodlands, gardens with eastern and northern exposures and, depending on the individual plant, in irrigated southern and western exposures. a. Native plants prefer soil rich in organic matter so some soil amendment might be required to meet the needs of these plants. b, Using native plants, especially evergreen trees, care must be taken in locating them in garden areas. Some plants may outgrow their site if not placed with anticipation of their mature size. c. Native plants, properly located, can be drought tolerant once established. For at least the first two years of growth supplemental watering will be required. Figure L-3 Grade Change at Fat;ade j ~'O FHP! I]!I t. I ~'1'-_'!'P' 'I ~/ ,~!f_ ,..; Jrl r, ,~. ' ',l1f ' ~'". --:- . ',' ~~.-, ~ ~ I .,-"".~ _1 -L.. · 'K," J '......'.;.,,1 ' \' I '~ ~c~~~,..:~)(.: :':; 1: ~/ '~~',~i},,,;..' ~;~: :~::. ~ *'1:,::~~~,''t' 7~;i~:~"",,~:?:; ;!,~~, "24i...: ~ ~ ..,,~.!. "t~,"j J 1".- j Iri~ .. ""I >.."! ..,..-1 'or '" n.-, r ". ,.F ..", .. .,.....,.r...... .'.~ J.,' j~ t .. I ~ .. 1 r~!u, 1>>__ l W ...,.............- , ./, .~f~ I 'I -- t' ..- l ' /A 1 { , 7~' "",, -_,_\ ~" "'i~ ~~~ February 11,2009. Planning Commission Recommended Draft r Ii,:,l,h SLOPE PIANTING PIANT LIST a.AMENITIES: Botanical Name Common Name TREES 1. Seating: Decorative Benches with backs to the street shall be provided in the furnishing zone along Arsenal Way, Oyster Bay Avenue and other commercial streets. Benches shall be 5- 6 feet in length. There should be an average of one bench (per each side of the street) per 240 linear feet of street in retail area. Abies grandis - Grand Fir Acer macrophyllum - Big Leaf Maple Amelanchier alnifolia - Serviceberry Pinus contorta Shore Pine Populus tremuloides - Quaking Aspen Pseudotsuga menziesii - Douglas Fir Rhamnus purshiana - Cascara Thuja plicata - Western Red Cedar 2. All fountains, art and built forms visible from the public realm are subject to review by the Bay Vista Architectural Review Committee and should be appropriately scaled, designed and sited. SHRUBS 3. Utilize lighting, free-standing signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, or other outdoor furniture or streetscape fixtures in the site design to create and define public spaces. Acer circinatum - Vine Maple Cistus purpureus - Orchid Rockrose Gaultheria shallon - Salal Holodiscus discolor - Oceanspray Mahonia aquifolium - Oregon Grape Mahonia repens - Creeping Mahonia Rhus glabra - Smooth Sumac Ribes sanguineum - Red Flowering Currant Rosa nutkana - Nootka Rose Rosa pisocarpa - Wild Rose Rubus parviflorus - Thimbleberry Spiraea douglasii - Douglas Spirea Symphoricarpos albu - Snowberry Vaccinium ovatum - Evergreen Huckleberry 4. Locate site furnishings to maximize visual surveillance of the area by residents, pedestrians and passing vehicles to minimize covert activities in the space and lessen risks to public safety. 5. Site furnishings should be a commercial-grade designed for heavy public use. Lightweight resin, wire or iron furniture as typically sold for residential use is strongly discouraged. GROUNDCOVERS Arctostaphylos uva-ursi - Kinnikinnick Deschampsia cespitosa - Tufted Hair Grass Festuca idahoensis - Idaho Fescue Fragaria chiloensis - Strawberries Polystichum munitum - Sword fern BAY VISTA /1'1 ," '- ..,.~~'~ 1 .' ,"~ ,I ' ~....'"':.. ,;g}:il :'~p': ^;~fl ~" ;;:'~ I ,:(01'1 ~: ,~;J (@I :,~~ ~,i .... c;;l,' , ,-d~; h~l 1#'1 ~l ,< ;';'1 .~~i &:1 ",j7'~ .~ ~ ~~I ~j! """"""1 ~i rt.J<iT : .;::e::;\i ~i , " :">: -I < tiJ? .': ~; 'z1 0./ 17'1 ~. ir;:--' '1 tU): , , 'l\' !WJ.l ~,'! '\""\1 .:;';~I , ,:;<1 . :';:,L~'j . i!"-~>;"j ,.'~,'i _:::~:j '. '~..::d R.....II " . ,,',.. t; ::;;) - P';..;,......, . ~ .' ,." '.:'.:~'l' . 1.< , '. ~ '~- "\ [. , ,,:', r" T I f'. . ;.'::'1 l.:: :.'. ':":'1 "" -,'I; - ~ ..' ,- {'. .,<:;(, .-:- ':,'.f ,., ;;"~' '-. .~.. ~:~" . T~:{ ,,I '. ....;..J ," .' ~~ >.",'jj ;.~J .:.'~~Gf.:1 " " ':.0 ,:1 , .1 )'. ..~;p{ '~I r.>n f~ ;'":"';J: ..fL:; '::~1 ;~~.j :.::'lr~~ ~~ .:"~J \~~' ~~: ~.' ,() 1), 'L~" '.i~ ">'1;"" "" ';~,1 ~gj .~. :;~~j ':.'Y.':I ';~ i(0''?t ~:.;i ~. .. ~ '" ,,",' .~.. ~I ~j .. "j .. . , ':1 " : j .. I . -, ", ) 1'",j ".",.' :"11 "5' . ...f .' ~'(1 "ro';.! February 11, 2009 . Planning Commission Recommended Draft Minutes for City of Bremerton Planning Commission Regular Meeting November 18, 2008 I. Call to Order The meeting was called to order by Chairman Mosiman at 5:32 p.m. II. Roll Call Those present were: Commissioner Hoell, Commissioner Kosusko, Commissioner Streissguth, Commissioner Wheeler, and Chairman Mosiman. Commissioners Cockburn and Kennedy have been excused. Quorum certified. Also present: Richard Weinman and Stuart Monson (BHA Consultants) , and Andrea Spencer and Pam Bykonen (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 August 19, 2008 were presented for approval by Chairman Mosiman. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to approve the Regular Meeting Minutes of August 19, 2008, as presented. Called for a vote: Commissioner Hoell: 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. 1. Bay Vista Redevelopment Presentation: Richard Weinman, Consultant to the Bremerton Housing Authority, presented an overview of the proposed amendments to the Bay Vista Sub-Area Plan. The Bremerton Housing Authority was recently awarded Planning Commission Meeting November 18, 2008 Page I of3 the HOPE IV Grailt to aid in the redevelopment of the former West Park site, now named "Bay Vista". The amendments to the sub-area plan are driven by increased knowledge of the site, a desire for incre~ed density to support project financing, and increasing the commercial element of the site. The plan still supports a mixed-use, mixed income, pedestrian oriented community. The relocation of a City fire station is separate from this sub-area plan; however the amendments include expanding the plan boundaries to include the fire station property. Commissioner Hoell expressed concern regarding increased traffic along Kitsap Way due to the larger commercial area. Mr. Weinman explained that current traffic studies showed the increased commercial would not affect the overall congestion of the intersection; some mitigation would be required at intersections related to the development to stay within the City's standards. Commissioner Wheeler asked how the Bremerton Housing Authority will transition from owner to landlord. Mr. Monson explained that it would be treated as any developer/development where the original owner (the developer) sells lots to new owners and a homeowners association will be established. The Bremerton Housing will retain ownership of 192 units and therefore have a voice in the homeowners association. Mr. Weinman concluded his presentation. After some discussion, the commissioners agreed that it would be beneficial to hold an additional workshop on this item on December 16, 2008, with a Public Hearing at the regular January meeting. VI. Business Meeting A. Chairman's Report: None. B. Director's Report: Andrea Spencer, Director of Community Development, reported that the City Council had adopted the 2008 Comprehensive Plan Amendments as well as approving moving forward with the SKIA North and SKIA South annexation. The City of Port Orchard has asked the Boundary Review Board to invoke jurisdiction on both annexations and at this time SKIA North public hearing will be held on December 19, 2008, and a future time will be set for review of the SKIA South proposal. The draft budget for 2009 will be presented to City Council for adoption on December 3, 2008. It is proposed to cut three full time employees from Community Development and close the front counter on Fridays. The Manette Sub-Area Plan is continuing to move forward although at a slower pace. Commissioner Kosusko had been the designated Planning Commission representative but because of his recent move out of Manette, Commissioner Wheeler will take over as the designated representative and be a part of the stakeholders group, now called Key Communicators. The Key Communicators will be holding small, informal meetings to gain public input of the proposed sub-area plan. It is hoped to have the Manette Sub- Area Plan completed by the mid-2009. Planning Commission Meeting November 18, 2008 Page 2 of3 DCD staff is working cooperatively with the Bremerton School district in the study of the potential for a new West-Bremerton middle school and the potential for co-location of a community facility in conjunction with the school. Preliminary findings show that a stakeholders group supported locating the school in an urban setting which translates to no long distance bussing for their children, as well as the financial benefit of siting the school where infrastructure is already in place. Work will continue on this project through the first half of 2009. C. Old Business: None. D. New Business: Pam Bykonen, Commission Clerk, asked for the commission's approval to make all of the commissioner's terms expire on December 31 st of expiration year. A clerical error some time past did not include the completion of unexpired terms by new commissioners, but instead "started the clock" when the new commissioner was confirmed. After much. discussion on the accuracy of that action, it was decided that more research by staff was needed to determine length of service of previous commissioners. VII. Adjournment Meeting was adjourned at 7:01 p.m. The next Regular Meeting is scheduled for December 16, 2008. pectfully submitted by: \ Approved by: ~ /' ~'I!~~~ Bi Mosiman, ChaIrman Planning Commission Meeting November 18, 2008 Page 3 of3 Minutes for City of Bremerton Planning Commission Regular Meeting December 16,2008 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 Kosusko, Commissioner Kennedy, Commissioner Wheeler, and Chairman Mosiman. Commissioners Hoell and Streissguth have been excused. Quorum certified. Also present: Richard Weinman and Stuart Monson (BHA Consultants), Kurt Weist, Nancy Austin (BHA), Justin Goroch (BCRA), and Andrea Spencer and Pam Bykonen (OCD staff). III. Approval of Agenda Chairman Mosiman introduced the agenda. It was agreed by general cQnsensus to approve the agenda as presented. IV. Approval of Minutes The minutes of the Regular Meeting held on November 18, 2008 were presented for approval by Chairman Mosiman. A motion was made by Commissioner Kosusko and seconded by Commissioner Wheeler to approve the Regular Meeting Minutes of November 18, 2008, as presented. Called for a vote: Commissioner Cockburn: Abstain; Commissioner Kosusko: Yes; Commissioner Kennedy: Abstain; 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. 1. Bay Vista Redevelopment Presentation: Richard Weinman, Consultant to the Bremerton Housing Authority, facilitated a workshop of the proposed amendments to the Bay Vista Sub-Area Plan. A matrix of the proposed changes was distributed to the Planning Commission Meeting December 16, 2008 Page 1 of 4 commission before the meeting. This matrix illustrates the changes between what was in the original West Park Sub-Area Plan and what it proposed for the Bay Vista Sub-Area Plan. Mr. Weinman revisited items of concern from the last meeting such as traffic mitigation at the intersections and compatibility with the City's current zoning code. Commissioner Wheeler asked about the parking requirements for this sub-area plan. Mr. Weinman responded that the parking requirements were very similar to what could be found in the City's current zoning with more parking for larger structures and less parking for smaller structures. Commissioner Wheeler inquired as to how many jobs would be created as a result of the commercial component of the plan. Mr. Weinman thought there would be approximately 150 jobs created. Commissioner Cockburn asked if the plan would require the parcels that have 100% allowed coverage to use pervious pavement. Mr. Goroch said they would like to go in that direction but nothing has been finalized as to requiring it. Mr. Monson added that the use of plantings would help to reduce the amount of surface water runoff. Commissioner Kosusko asked if the removal of stormwater retention ponds were because of the increase in Low Impact Development uses. Mr. Goroch explained that the ponds were removed to allow for increased density on the site and the stormwater would be redirected to pipes underneath the pavement but the design team would prefer to use pervious pavement. Andrea suggested compiling an amendment matrix for the commissioners refer to when it is time to make a motion and expeditiously facilitate the public hearing without requiring the consulting team to reprint documents. The commissioners were in agreement on this item. Commissioner Kosusko expressed concern for the success of potential commercial given the limited parking, as well as concern for a successful commercial component drawing business away from the Oyster Bay Neighborhood Center. The consultant team felt that, with proper design, limited parking in a walkable environment would not pose a problem, and if the Bay Vista commercial site was successful, it would act as a catalyst for potential customers to seek more retail further east on Kitsap Way. Commissioner Wheeler asked if the consultants had any plans to increase bus service to Bay Vista to ensure the "urban village" style of this project. The consultants replied that, while they understand the importance of enhanced bus service, they are not aware of any additional buses being added at this time and referred the commission to Kitsap Transit. Commissioner Kosusko asked about the new location of the community center. Ms. Austin gave an overview of the current community center's specifications and what is proposed, along with an explanation of the change in topography to accommodate the new community center site. Planning Commission Meeting December 16, 2008 Page 2 of 4 Commissioner Kosusko inquired as to the large amount of surface parking near Oyster Bay Road. Mr. Monson explained that it was to support the multi-family units located in that area. Commissioner Kosusko expressed concern over the addition of five single-family homes that appears to impede the view of the bay, hence the name "Bay Vista", a feature of importance to the project. Mr. Monson replied that the home sites are actually lower topographically than the designated vista area and would not block the view of the bay. Commissioner Kosusko asked about the status of the addendum to the Environmental Impact Statement (EIS). Mr. Weinman replied that city staff would be completing the addendum and submitting it to the State and HUD for both SEP A and NEP A compliance. Commissioner Kosusko's final question was regarding the changes made to a neighborhood square or park. The consultant team explained that changes to the basic infrastructure, such as removing a dead-end street, resulted in an overall change in that part of the project; the neighborhood square is still there with a more compatible neighborhood setting. Chairman Mosiman asked what precautions had been taken to prevent a large commercial presence from taking up a significant portion of the commercial element. Mr. Monson replied that in this sub-area plan, retail/commercial sites are to be modest with a definite definition of what 'modest' means, as well as clearly defined regulations in the development agreements of these commercial sites in the event the Bremerton Housing Authority is not the commercial developer. There are also geographical constraints that would not support a large commercial site. Having no more questions or comments from the commission, Mr. Weinman concluded his presentation. VI. Business Meeting A. Chairman's Report: None. B. Director's Report: Andrea Spencer, Director of Community Development, reported that the Boundary Review Board (BRB) invoked jurisdiction on the SKIA North Annexation and are set for a public hearing on December 19,2008. The BRB has also invoked jurisdiction on the SKIA South Annexation and are scheduled for a public hearing on that item in late January 2009 and will render a decision at the end of February 2009. The rezone of Fire Station #2 in on track and set for adoption by City Council in January. Staff had declared an emergency in the Comprehensive Plan docket to process the Bay Vista Sub-Area Plan which will be presented to City Council at the same time as the rezone. The declaration of emergency is in response to the time constraints of the HOPE IV Grant that is funding the Bay Vista redevelopment. Planning Commission Meeting December 16, 2008 Page 3 of 4 The 2009 budget was adopted by City Council f on December 3,2008 with few changes. The most obvious change will be that city offices will be closed to the public on Fridays to allow the reduced staff uninterrupted work time. The Downtown Sub-Area Plan has been submitted for the Vision 2040 award through Puget Sound Regional Council. C. Old Business: Staff is still researching the options for having all commission terms expire in the same month on ~taggered years. D. New Business: Pam Bykonen, Commission Clerk, reminded the commissioners that officer elections will take place at the next regular Planning Commission meeting on January. 20, 2009. VII. Adjournment Meeting was adjourned at 7:05 p.m. The next Regular Meeting is scheduled for January 20, 2009. Approved by: ~~~nn:O( Planning Commission Meeting December 16, 2008 Page 4 of 4 DRAFT FOR APPROVAL ON 2/17/09 Minutes for City of Bremerton Planning Commission Regular Meeting January 20, 2009 I. Call to Order .\",\;Y;~';.ft The meeting was called to order by Vice-Chairman Wheeler at 5:30B~m:" "" II. Roll Call , ",..,,:!~ .,..~:\.~~:;\,. Those present were: Commissioner Cockburn, Commis~j,~'fi~r!'iIbell, Co~~~~~\?ner Kennedy, and Commissioner Wheeler. Commissioners Kosusko,.~~bsimall, and Streis'slftf were excused. Quorum certified. ," c.;" \~~~~i ~(. . q:;~~n.8y,Austin (BHAJi&; consultants) Also present: Kurt Weist, Richard Weinman, Justin Goro and Andrea Spencer, and Pam Bykonen (DCD staff). ';\,\\1.\ Commissioner Kennedy nominated Greg Wfi~,~ler.Jf~"'" )m of Chairman. Commissioner Cockburn seconded the n9'-' 'on. The vote\wa.;S'\~unanimOl(" 'n favor of Commissioner Wheeler ._.'(:,Jl., d,,'(, '-., being the Chairman of e')Brem ..Planning CdIhmission fot2009. ,': . \~\\\~ Commissioner WIi~e e. '.' minate" Commissioner,'eimedy for the position of Vice-Chairman. '. ' .r{,. Commissioner Cockburn,\~~p~f{" .,:,,~;~;;~~,J?in~~~on. The vote was unanimous in favor of CommissioneT,K being~: :";'Ylce-Clii):i~~tOfthe Bremerton Planning Commission for 2009. . r:j,~ii~~\;t'0";"" " ~pproval of Agenda the agenda. It was agreed by general consensus to approve the IV. Approval of Minutes ,.1' The minutes of the R ..' ar Meeting held on December 16, 2008 were presented for approval by Chairman Wheeler. It''Was noted that the date of the minutes was incorrect A motion was made by Commissioner Cockburn and seconded by Commissioner Kennedy to approve the Regular Meeting Minutes of December 16,2008 as amended. Called for a vote: Commissioner Cockburn: Yes; Commissioner Hoell: Abstain; Commissioner Kennedy: Yes; Chairman Wheeler: 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 20, 2009 Page 10f5 DRAFT FOR APPROVAL ON 2/17/09 Chairman Wheeler asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. B. 1. Public Hearin2 - Bav Vista Sub-Area Plan Amendments: Chairman Wheeler opened the Public Hearing for the Bay Vista Sub-Area Plan Amendments. Richard Weinman, consultant to the Bremerton Housing Authority, presented the revised Sub-Area Plan. Copies of a prepared PowerPoint presentation were distributed to the commissioners prior to the start of the meeting as the chambers' recording/computer systems were not operational. Mr. Weinman reviewed the proposed chS.g~s to the sub-area plan, reiterating that most of the revisions were due to changesi,' 'e'feal estate market and increased knowledge of the topography of the site. The :~;t, on Housing Authority had held a series of six weekly community outreach meeting~ii~1th. st meeting on September 25, 2008, to fully engage the citizens in the amendJ:pert~~process,' ,couraging their input and incorporating their concerns into the plan. Chl:llif~};>to~the sub-aT .,'" hm include: . Increasing the number of housing units,:!Ti:i~ 7~/9 to 875 with .~ \)Jllits reserved for low income families; . ," ,. , ,;c' '&:'- . . Increasing gross density from 9.5 units/acre to 10.5 du/acr 'ith a density range of 8 - 64 du/acre;,,\~tj;~d?, " 'I, . Increasing the retail area from 5 acres to 8 a" ich could potentially create 360 - 420 jobs; . Providing a landscape mati' ,ent's open space and the Bay Vista Preserve; · Incorporating Low Impact De w p . Relocating the.<?gmmunity cent~t~:,.j~,\i' " . Correcting!}~~R~~~~\}~rrors \f,(t\'lr,i,;1 (I · OutliniNgrfue cOJ:i~~stion schedui~\flS dictated by the terms of the HOPE IV grant received,(b)h'~~~~remertt~g Housing Aut1i'9~ity,; . Landscapl'h'A'~) d . t,~ dards.;,JJ,1:r0>' .>'j." , ,.,J',:}';.,' Sta,[@\}ia l~lr which was -~,> , ';',!. ,man WheeleiiBi~~i"ed if t~i' "were any comments from citizens on this item. rf, 1600 (lrona Pt. Drive, Bremerton: "I have to admit that I'd forgotten I , ,ere un!!:; my PDA reminded me; I had been more interested in the other Washington ." w a'f\vas going on there. And so the plan I'd had to look at this in more detail did not t ;;;" lace. But I had been deeply involved in this from the beginning; I was part of the origiil~l Comprehensive Plan team. I attended all the charrettes for the Westpark study and I've attended most of the public meetings in respect to this revision. I was more positive before I came here. One of my concerns has been - there has been modification coming in, and I can understand that. Our plan was done in one world; this revision was probably done in another, and may, in fact, be in a third one now. But in doing these changes, particularly with respect to transparency, there is a great feeling of 'bait and switch' that occurs within our community as we see these plans move along. And so, I'm on the Parks & Recreation Commission here in Bremerton and to see the parks and open space go down by nearly a factor of two in [inaudible], how did that happen? In the respect of tree retention: when I saw the grading plan, I looked at it and I said, 'You're going to lose some Planning Commission Meeting January 20, 2009 Page 2 of5 DRAFT FOR APPROVAL ON 2/17/09 trees here; I'd like to know more about it' and I requested a detailed indication of what trees were likely to be there and what weren't and I never got that. I wanted to walk around and at least get a feeling for what was going to happen and now I'm just seeing' clearing 95%' and it's like - that makes me uncomfortable. I'm not making any accusations, here, but the transparency has kind of disappeared here in the way that [inaudible]. So that's one of my issues. This change is considerably different than what you approved the last time we [inaudible], which is a level of discomfort with that change is as to whether it is - I think within all of Bremerton's renovation, there is a feeling that the powers that be are kind of just taking over from the community and deciding what's going to happen and that public involvement - as Obama said today, 'The era of responsibility' ,>>;,nif.h [inaudible] are part of - it's kind of disappearing with this [inaudible]. So that' s on~~~~'stle arta I really want to bring it forward, I don't want to make it an accusation, but I wan!~$!~tQ~1pake it a decent [inaudible]. The second part is: we do have this Comprehensive Plan~)~we 1f~M~,,;;gone forward with it, and there are definitely - moving all this development to wh~re the oltrr . station is there is not consistent with the Oyster Bay Center which is~~fh':Q(the Comp' ",~,~i~iv~ Plan. ~ow, I never thought that the Oyster Bay Center, as c():\}figured there, was fiscalJM'i;,ymble, but If you approve this then you have an inconsisteI1,sy1~'in your plan and you'r~\~~\ii",. gAo have to reconcile that. Or you're just going to ha4~'{~~pl~ whi4ij'~s obviously bee .\ferridden by . __. "" l~""'I:'" ';::_":)'(:~l~;l I'"~ forces that are probably not expressed so if someog;gy ~9J.lles'\'in to this, they}, e going to say, 'What's the use of this plan?' unless you've been"~~y~g attention to it because here's an obvious internal contradiction. So, I think those are",M:~.",. two issues: there seems to be - changes seem to be rolling aloni'~!lmY! a lot of tr~s . I)CY, without it happening, and these changes are inconsistent with;~fIi~[~1igiI)al documen d'~iihere doesn't seem to be much attention to making the original')~gc~tt~i":;'i). audible ].)Th~nk you." "Rt:~. !' 't:' ",;. . . ." -,:::", <;"" 'Il'. Chairman Wheeler. 'sked if there wer~:!-ari~' additiori.' ",cbmments from the public. Seeing ,'::-\: ~\:ii\:ll."l., .:',::;\::' :;'1," 6iiiB:~~R"f the meeting\~~d moved 6h to commission deliberation. \~~tt;~: It;-, Commissioner:i:'N~burn~L'-~ked if, in lil~~Y!iOf the downward economy, the Housing Authority factored''i .,',,: ,..' ""ith.in the p,Uin for low-income units if there is a need for moreA~.". units.' ',,, y u tiri;\\;ii~~Irierton Housing Authority, explained that to be witliiJ1"'flie . uideh 0 de-concentrate poverty, the Housing Authority cannot have ",more than 300 .ct,', ~ome ....~,however, there is no additional Federal funding available to "fA;~,~lhl2 more publicli~~~lPg unit~;~!r:Bay Vista than what is proposed. The Housing Authority is~'f'" ing for other 'ft.W;ging opportunities. Affordable housing is available throughout the COUll . l~% .t~~\;:f Referring to the Comprehensive Plan, Mr. Weinman explained that 37 acres along Kitsap Way was designated for redevelopment, incorporating Oyster Bay and Westpark (now Bay Vista). He added that Oyster Bay is required to have a sub-area plan adopted before redevelopment can occur. He does not believe that the Bay Vista Sub-Area Plan conflicts with the Oyster Bay Neighborhood Center or the Comprehensive Plan. Planning Commission Meeting January 20, 2009 Page 3 of5 DRAFT FOR APPROVAL ON 2/17/09 Commissioner Kennedy noted that the reference to tree removal in the plan referred to trees on buildable lots; trees within the Bay Vista Preserve and the parks and open spaces would not be affected. Mr. Weinman agreed, adding that some of the trees in the parks, open spaces and the preserve would be thinned or removed because they lack diversity or are diseased, but not until the site had been surveyed by an arborist and a landscape architect. Commissioner Hoell asked if trees would be removed to enhance the view. Mr. Weinman did not think the plan was advanced enough to make that determination, but assumed steps would be taken to preserve trees of significance. At Mr. Nerf's request, Chairman Wheeler re-opened the publifi~&omment portion of the public hearing. ",', Richard Nerf: "With respect to the Center, and the 4tM:~slOn' .obs [inaudible], when we originally did this there was mixed use along Oyster,Bay!\,so that;., "ging resources between .,~~ ,(.~ >.~ .",,,':l(:. W estpark and the Oyster Bay Center was reaso~a,:!?l'e;,~}Vrfuin the p".""" f view of walking distance. [Inaudible] The outright expectation i,~~~fl1at if you have thing' e Rite Aid area, and then you have things out at Arsenal Wa, ,i,' se are nQ longer within ' }listance of themselves, each other. They don't fit t ,mwept ofg~cJ=enter, althoug "'6s, they are nominally partly within Westpark and partly in\~~~~t!.';,~'~y:;\\So I think w could consider more that if you cluster things all the way over her~~j~l~;;Highway 3 and then you have stuff back over here at Rite Aid, even if~!ltey're nominally218l~~,they're really not within walking ",:r.,\b:0, "l~:j:;~d,', . distance. That's essentially my cBP;~~D1 about how ilie~~~x~terBay Center fits WIth the ,.~,,",.,..."'. .,,~..,.,.~ .'. current Westpark approach. One thi~g"f~' . 'Qt say, I don'ttfj;~;"''is that I really do basically support the [inaudible] involvement':i,gat s gm'''' . I wql1ia like to see it happen - in general, the way it's being approached,Rfuade"~r"lne, there are some things that I think have the possjbj." pf repercussiori~ 'y concei11. ,bout the trees is not, in particular, that they're takip.g~i950'o'" m - well, ih~(fact, I can'iliIderstand. I have a Douglas fir that shed a numb~t.""t"', ig limb uring the las~T~now storm and that, a lot of what they've got there amont"ill 'Uses" oug fir so i~f;(\p.iay not be [inaudible]. My objection to transparency was ',' "..,2ipP;~H~i,;;!;~ lJysted~ic1fst of the trees, what they were going to be .~j.I,: \:,;~...,:~l.. '..,,.':1::,,'\' ,,_ . .' ..,,,,-.1 remoYmg}.(+;~p,,':::rtl1at I coUt(:!, walk"'" ,,~~((~1''It was initially promised to me, excuses were .J.;; !y::"'7;' ;":1{:~'~ '1::rr,~,:,:~<':'1" 'q"j:f-~~'J';.. ~;..' [iq~jlQiblerii?a'ki~Ned, aii~'~,,! missed some of your meetings because of personal issues, but .,\~f~~ here now aif "."'h '"suddefiJ~~ti.?gjng out the story's a lot different. And that is a problem ,;\\";;:wJ!A transparency a'" omeori~'t~Js'e could come in and start saying, 'Hey - what's going on het~g2;;ilhis isn't rigH The appearance of transparency is not here. I don't really have - I'm'l1q,t.;\p;rone to thi ,bout conspiracies - I do think [inaudible]. I am aware now of a '" ~~,;.. "\',, numbei''('t " ,rces wit he current level of discussion [inaudible]. Thank you." ';';1 \'i;;'F Chairman W "l':,'j'J~ri'asked if there were any additional comments from the public. Seeing none, he closedjtp:i's portion of the meeting and returned to commission deliberation. Commissioner Hoell asked for more information regarding additional changes and how the changes could impact traffic. Mr. Weinman revisited the list of changes proposed for the sub-area plan, noting that most of the changes made were in the Village Center portion of the plan and were actually more restrictive than the previous plan. Ms. Spencer directed the commissioners to an updated page of the proposed Sub-Area Plan outlining changes to building height measurement, fenestration, and setbacks which were discussed at the previous workshop. Planning Commission Meeting January 20, 2009 Page 4 of5 DRAFT FOR APPROVAL ON 2/17/09 A motion was made by Commissioner Kennedy and seconded by Commissioner Cockburn to recommend to City Council to adopt the Bay Vista Sub-Area Plan Amendments. Called for a vote. Commissioner Cockburn: Yes; Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Chairman Wheeler: Yes. The motion carried. Chairman Wheeler closed the Public Meeting. VI. Business Meeting A. Chairman's Renort: None. '-'':',':::'.' , ~{~~~~~ ,.,. '" ......' on ..~~ ,.-:). B. Director's Renort: Andrea Spencer, Director of Comm9~f~"Development, reported that ':-1;;,-"" ~':<- . the Boundary Review Board (BRB) accepted the SKI~;~NortH,,~xation with no changes and the annexation will become effective on March L 2QQ9. The,,~A South annexation is scheduled for a BRB hearing on January 23, 2009'iJ:N:Ju:e"informati6h~~bguld be available on that annexation in February with a hopeful effe9,Hvrdate' 'of April 1, 200~~: .,~':6.t::. The Manette Sub-Area Plan is moving fOrW'~ta:RVi,tp. additip!tal workshops pf':ed for public input. The next workshop is scheduled for Mond~X~~~'ln~fY26, 2009. ',;, ;":i..\:(,~,,:o.~i' -:'",:,~, , " C. Old Business: None .:.;:-,.. '...-.~';:"-;.~- J; "'?Ji(/~~';:>; - "J: \1:i\\ ' :r~. . '~';~%~f,~t~~~~\; ", "l. ~&j!ibf:::~\~~~,f~~ . "~:"~~~;f~t":; ;,:.,~,.,' '.\~?t~~;X' ~ D. New Business: None. ? '-;"~~: >j.' Meeting was adjourn,~g~~i;:?:30 p.nt{};~he next Regtil&- Meeting is scheduled for February 17,2009. - <;::,-.>.,~ \:.;kv "';, ".: Respectfully submitted by?(::~\~f"~hc,/J,n*t)ii,,;':'" . ", ~,->',,, ,_ ':i3~,i,: '~.'i "'~:}~{l~:~X:~?~;.c.',~,;-,~:.;._:.c,:.,_;.".,~.',,~~".,..,~.~,,)~.,; :,' ",\'\~'(,,},'){J~'. ~i~,:.\,:-:\. ,.~;, -'.),0: __ ,~~,TE :?,,::;3 : ;,,;,";,: .',: ~;:':;-~::t~Si~~~~~T::" J::., ,,:~;~':.;' '}:';"" " ,,\,~!;;i2;g\~}:~. VII. ':,tr!?~~.,_ :;."'" Andrea\;~P&!}cer, Executive)$~~~etary '" .:;'-'..~~' ';\~~~~~.&i!;\ '. ':;~:~;t;~( '-~.,:, \.<.:;.;.~.-:.::. ,,:: .\t, "'-~;~~:ij~::$:-\\.. -"1\.;.1:,:'...'" -::\"\;~~, ':.' :'::,' Approved by: ,','\"" - .~:~ ':~~:f,'"- ;'.,,,." :\'..; :'.'~ ~;~:;:;~~~>.,.. Greg Wheeler, Chairman Planning Commission Meeting January 20, 2009 Page 50f5 WESTPARK & BAY VISTA SUB-AREA PLANS COMPARISON MATRIX Adopted Westpark Sub-Area Plan Revised Bay Vista Sub-Area Plan Rationale for Change (Planning Commission Review Draft) I. Introduction Sub-Area Plan goals (4 goals) - 2 new plan goals added: promote economic - Reflects enhanced job creation development; and integrate Low Impact Development in expanded Village Center and progress on LID techniques - Describes financial and market rationale for expanded center II. Plan Purpose, Process, Consistency A. Overview of planning for site - Text updated to reflect adoption of Sub-Area Plan in - Text updated to reflect prior city 2007 and amendment in 2009 (sub-section A) actions, new initiatives and B. Consistency with Shaping - Text updated to reflect increased housing units and changes in site plan Development Themes and expanded Village Center (themes 5 and 6) Comprehensive Plan goals - 15 acres of open space, correcting error in text (theme - Corrects typo 7 and LU-2) - Proposes use of pervious pavement and infiltration to - Commitment to LID reduce discharge/impacts to Oyster Bay outfall (LU-17) C. Summary of Community outreach - Adds summary of community outreach meetings - Documents additional public program involvement process D. Description of SEPAlNEPA - Text updated to reflect completion of SEPA & NEPA - Reflects status of ongoing environmental review processes for adopted sub-area plan, and SEIS process addendum for revised plan III. Sub-Area Plan A. Existing Site Conditions - Site size modified to 83 acres (from 82 ac) - Modified to reflect updated site - Stormwater description modified to reference use of planning LID - Description of transportation conditions shortened - Reduces redundancy February 4, 2009 Page 1 of7 Adopted Westpark Sub-Area Plan Revised Bay Vista Sub-Area Plan Rationale for Change B. Plan Visions, Goals, Objectives - 4 major goals, as noted in Section I - 2 new goals added to reflect enhanced economic - Reflects changes to Village development/jobs and use of Low Impact Development Center and site engineering approaches C. Sub-Area Plan Elements - Master Plan (Figure 3) - Master plan revised to reflect new layout - Reflects ongoing master planning and design, economic 1. Land Use and market opportunities - Land Use Plan Map (Figure 4) - Land Use Plan Map revised to reflect new layout - Revised site plan - Mix of land uses (Table 1) - No change in types of fuses, increases in retail and - Revised development mix office uses, open space corrected - Density; Block capacity (Figure 5) - Average density increased to 10.5 du/acre (from 9.5). - Increase in housing units; not Does not depict capacity by blocks necessary to depict capacity by 2. Housing block - 759 units; - 875 units - Increase in density for market - Housing units by type (Table 2) - Table 2 more generalized and economic reasons; more flexibility to provide types of units desired by market - Housing relocation plan - Text modified - Relocation plan in process 3. Parks & Open Space - Amount (28 acres) - Text corrected to 15 acres (18%) - Corrects math error in existing text - Location (Figure 6) - Open Space Plan deleted - Info shown on other graphics - Proposes management plan for Preserve - Clearer concept for Preserve 4. Roads & Infrastructure - Roads & pedestrian paths - No changes - New sub-section on infrastructure, stormwater - Updated information on LID management D. Future Changes to Sub-Area Plan - Text edited to reflect present amendment February 4, 2009 Page 2 of7 Adopted Westpark Sub-Area Plan Revised Bay Vista Sub-Area Plan Rationale for Change IV. Zoning & Development Regulations Introduction - Restates that City enforces Development Regulations, - Clarifies City and BHA ARC enforces Design Standards (Section 5); no change responsibilities A. Land Use Zones - 3 residential zones (low, med & high - Includes same zoning categories, adds 2 new zones: - Office building proposed density) Commercial (office), and Open Space - Open Space zone limits uses - 2 mixed use zones permitted - Village Commercial 1. Dimensional Standards - Density range increased for low density resid, from 12 - Reflects moderate increase in - Density to 25 du/ac; and for medium density resid, from 30 du/ac density; broader density range to 38; provides more flexibility re: unit - Density reduced for MU2 (live work) from 65 du/ac to types 25 du/ac - Height - Heights reduced in all residential zones and MU2, - Changes reflect ongoing design increased in MU1 and Village Commercial. Measured in feet, not "stories" - Front Yard - No change in maximum front yards for residential - Changes reflect ongoing design zones or MU 1, decreased (to 10ft) for MU2 and Village Commercial - Maximum Building Coverage - Increased for Village Commercial (to 90%), same for - Revised site development other zones concept and increased intensity - Maximum Site Coverage - Increased for low density resid (to 75-90%), decreased - Revised site development for med. Density resid (to 90%), same for all other zones concept and increased intensity (95-100% ) 2. Residential Zones - Intent - No change - Permitted Uses - No changes to permitted/prohibited uses; accessory - Prevent proliferation of uses limited accessory structures - Public Space Requirements - No change in public space requirement, but deleted paragraph re: multiple buildings on same site - Deleted language not relevant February 4, 2009 Page 3 of7 Adopted Westpark Sub-Area Plan - Development Standards 3. Mixed Use - Intent - Land Uses - Public Space Requirements - Development Standards 4. Village Commercial - Intent - Land Uses - Building Height - Public Space Requirements - Development Standards - Building Orientation & Design February 4, 2009 Revised Bay Vista Sub-Area Plan - Deleted frontage provisions re: slopes for walks, stairways, landings - No change to provisions re: garages, landscaping, bldg orientation - No change - Specifies permitted uses, rather than referencing another zone - Incr. size limit for permitted commercial uses to 7,500 sf (from 2,500) on ground floor facing street - No change in requirements; deletes paragraph re: multiple buildings on same site; moves provisions re: planters and furniture to Design Standards - Deletes or moves design-related provisions (building materials, awnings, roofs) - Adds min lot dimensions - No change - Specifies additional permitted and prohibited uses; removes size limits on specific uses - Addressed in dimensional standards table - No change in requirements; deletes paragraph re: multiple buildings on same site; moves provisions re: planters and furniture to Design Standards - Deletes general provisions re: site grading and a provision re: umbrella fabrics; all other provisions unchanged - Deleted provisions re: additional setbacks, liner bldgs, Rationale for Change - Excessively detailed and limiting; desire more flexibility to respond to site conditions - Improves clarity - Intended to accommodate some required BHA activities in multi- family buildings - Consolidates design related provisions in specific chapter - Consolidates design related provisions in Section 5 - Improves certainty re: lot configuration - Uses are typical and similar, improves clarity; larger center can accommodate larger uses - Removes redundancy - Consolidates design related provisions - Grading issue not unique or specific to Village Center; umbrella provision extraneous and addressed in Section 5 - Provisions unnecessary, Page 4 of7 Adopted Westpark Sub-Area Plan Revised Bay Vista Sub-Area Plan Rationale for Change Elements limitation on ground floor retail, and several design- encompassed by existing related details standards and requirements - Architectural Building Character - Provisions deleted and/or moved to Design Standards - General design intent already section included in Development Standards; issues more appropriately addressed in Design Standards - Building Elements & Details - Some provisions deleted (e.g., roof slope), but all - Design Standards consolidated - Building Roof topics addressed in Design Standards section in Section 5 - Materials - Colors - Service Areas - No change - Drive- Thru facilities - Deleted - Addressed adequately in BMC 5. Commercial - New zone, new provisions - Standards for new proposed use 6. Open Space - New zone, new provisions - Controls uses in open spaces B. General Development Standards - Fenestration - Deleted provisions re: blocking glass with interior - Excessive detail fixtures, and height of windows above sidewalk; other provisions unchanged - Building Height - Deleted Figure B2. Height Map - Unnecessary; heights established in development - Setbacks/Frontage Occupancy - No changes regulations (Table A-1) - Residential Yards - No changes - Utility Equipment - Moved to consolidated section in regs - Improves document organization - Walls, Hedges, Fences - Moved to Design Standards - Improves document organization - Exterior lighting - Deleted; addressed in zoning categories - Reduce redundancy - Commercial Development Stds - New subsection - Enhances control C. Streets, Sidewalks & Driveways - No changes to street types (although renamed), or street design - ROW widths clarified to account for range of design - Clarification to reflect ongoing elements (curbs and swales) desian February 4, 2009 Page 5 of7 Adopted Westpark Sub-Area Plan D. Low Impact Development E. Parking - General requirements - Compact Car Allowance - Bicycle Parking - Drive- Thru Stacking - Parking Requirements Table - Parking Location Map F. Landscaping - Intent - General Development Standards - Parks & Open Space - Location & Design - Preservation Requirements - Parking Lot Design & Landscaping - Additional Requirements - Plant Selection - Irrigation - Plant List February 4, 2009 Revised Bay Vista Sub-Area Plan - No substantive change; language refined to reflect approach to implementation - Adjustments to max width of standard spaces (+.5 ft), and min length of compact spaces (+.5 ft) - No changes Rationale for Change - Clarification - Provide option for slightly more generous size - Required spaces deleted from text and moved to table; - Not considered necessary deletes requirements for racks and general design requirements - No changes - Adjustments in max spaces (+1) for retail, restaurant - Reflects users goals and medical uses - Revised to reflect new site plan - Refinement of site plan - No changes - No changes to text; Planting Plan revised - Plan refined and generalized - Updates description based on names and design - Updated plan concepts of parks, and approx. amounts of active and passive open space - Parks and open space shown on Land Use Map rather - Eliminates duplication than separate graphic; design concepts revised - No changes; tree survey and preservation still required where reasonable - No changes - No changes - Text on slope plants modified to be more general - No changes - Minor chanQes to suggested species - Removed unnecessary detail - OnQoinQ refinement Page 60f7 Adopted Westpark Sub-Area Plan K. Glossa V. Design Standards February 4, 2009 Revised Bay Vista Sub-Area Plan - Text relocated without chan es from other sections - Text relocated without chan es from other sections - Text relocated without changes from other sections - Section updated to provide clearer direction on intent, permitted and prohibited signs desi n, t pes and sizes - Terms added and/or deleted to reflect u dated re s - Clarifies that Design Standards will be enforced by the Bay Vista Architectural Review Committee, not by the City. - Addresses same design topics. Most standards made mandatory (uses word "shall" rather than "should"). Design-related provisions from regulations now consolidated in this chapter Rationale for Change - Improves consistenc - Clarifies responsibilities of City and BHA - Improves certainty Page 7 of7 Move to approve settlement in the matter of American Honda Motor Company, Inc., Chrysler Motors, LLC, and Ford Motor Company v. City of Bremerton and authorize the Mayor to negotiate and finalize final payment to the City. <iA