HomeMy WebLinkAbout02/18/2009 AGENDA
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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
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I '"
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I
SYLVAN WAY
CJl Right of Way
i ~ Slormwater Tract
. Building Lots
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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)
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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)
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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)
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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)
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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)
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(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)
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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
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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)
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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
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E' 1158877.517
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TO~ TOP E!-E V. -;.
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LONG. = 122'4100.40
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CALC POSITION? I ~::t
PER R C.S. UNDL,,'J
M.N. 85080601.:.~ I
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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.
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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. A' NO
<(4) ~fI,O~O U~~.i=~T 1tI 'AClFJe NORJ1-1Il["ST fin.!
_L~:r1mD~_~_LQJiQll.lJRI
IAllTUDE' AND LONGITIJDE OF EXISTING TOWER IS
BASED ON THENADSJ.
lAllTUDE.
lO~JGI TUDE ---.-!...~.:~:~_~~ ___
W....kC....N1lillLu,dbl'.
,
AMERICAN SURVEYING COMPANY
OF BOSTON INC.
1264 MAIN STREET WALTHAM, MASS. 02154
PH. (781) 893-64-17 FAX (781) 893-7091
'~.
Pl'..Jl!ct LouU..n
GOW MOUNTAIN
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p...j.et .ddJ'....
BREMERTON, WASHINGTON
15~9 Rlnghn9 DIY/!. Third Floor
$cr..~olc, florldc J4216
(941)JG.......lleIlG
03517A
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EA~T 1/2 OF THf IIOR11IfA~T llf OF S€CIIOII 21, TOIlt/SHIP U ffORJ1-1. RAlIGi 1 lIESl. 11'11.
l,IA~_E..__P.A8l;n_ ~~g_.d.~_ DESC_RIPTIO.l:j
THAT PORTION OF Tlir NO/HHEAST QUARTER OF THE NOR1HEAST QUARTER or S~C'TlON 27, TOImS/iIP 24 NORm, RANGE
1 M"ST. W.U. IN KITSAP COUNTY. W,o,SfiINGTON, OrSCRIfJED AS FOUOw.s.
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BrGlNNING AT THE NOR1HlIE"ST CORNER Of" THE NOR1HEAST QUARTER OF m~ NORmEAS7 QUARTER OF SAiO SrC'TlON
27, mDlCf:sourn 4".17' \\f.-ST(R) 501'04-'21' WeN) 4-JP.B2FrrT(RM.I); mDlCE SOUTH BS'.Tl'l2"EAS7{R)
s 89'SJ'02" [$18S'79 FEET TO mE mUE POfNT OF fJfGlNNING; THfNC( OON'TlNUlNG soum ~'Jn2" EAST (R)
S BP'5J'02" E 200 f'ITT,' mENCE soum ~J7' II€ST (II) S 01'04.ZI" W (j,f) 200 FffT,' mENCE NORm
"8':51'12" IM::s R N 119':5J'02. W (1.1) 200 FiET. THENCE NORTH 4-'J~' o.S1 (RJ N 0I'\J4'21" E(M) ':!OO FEET TO mE
TRUE POINT OF BECJHNING
RObDEA;;If,1ENL q:NlE.~lI'L~_ LEG~lD~;;CRIPTJON
C'(JMUfN=AT1Iif~I!A$SGAP",lI!l(fO"ll=IXIt.DHlI.l";lI/CllCE:1I78'J8'58"r:AOISTANCfor7U.OJI'T1tI'/Hf:IIORfflllEST
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A DISTANCE: OF &2.'6 1'7: THENr:::E S 1~-JJ'O~- E A OISTAHr:::E or Jf.1U ruT. 11*:IICk S SJ77'~' E A llrSTANa: OF :68' FEET.
~~0Cf:~ ~:;~~~ fct ~f:~~:'JZ~Eroot;R~JToZN lHE !lBT mlUIIPARY OF A PAReEL lUSlJ ro IIOTORClLA. CORP.
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t..... " m.o.u,.d Irnm 9",und I.vol. ond .d.I\I,,"..Iy. Ih. ....01'''' .1 11>. lip of Ih. ~I9""\ oppm1...",.. <In I~~ 10""
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Leased Site
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Urb.nSu....y
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(5011) !1211-~t5
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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:
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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,
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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;
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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;
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(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
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(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
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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
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'__'_"~:.:_^_.__.~'_ ,,_;':"'_"':"___~_"::.:----=-.....l
Lj 8.10 1~()2"li'40"EI
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;..........- .<_L,')L ';0/ "1" <' } ~:... I
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15 17 57 ;
L7 8 79
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[,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
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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.
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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.
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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.
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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
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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.
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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
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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
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BAY VISTA
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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
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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
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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
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70% min - 80%
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75% min - 85%
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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
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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
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February 11, 2009 . Planning Commission Recommended Draft
Figure D-2 Street Sections
Section 2
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BAY VISTA
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February 11> 2009 . Planning Commission Recommended Draft
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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
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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
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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.
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February 11, 2009 . Planning Commission Recommended Draft
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BAY VISTA
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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
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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.
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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.
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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
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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.
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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:
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a. Lead walks should provide a direct connection
to the front entry and should be a minimum of
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units arranged around a common courtyard,
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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
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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
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February 11,2009. Planning Commission Recommended Draft
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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
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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:
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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
.:.;:-,..
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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: __
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VII.
':,tr!?~~.,_
:;."'"
Andrea\;~P&!}cer, Executive)$~~~etary
'" .:;'-'..~~'
';\~~~~~.&i!;\
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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.
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