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Home My WebLink About11/04/2009 AGENDA �— � i ` ' � � � • � � � � � i ! I ! aoQO oo i ( �� ` . CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 NOVEMBER 4, 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. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — October 21, 2009 C. Minutes of Study Session — October 28, 2009 D. Office of Public Defense Grant Acceptance E. Ordinance No. 5093 amending Bremerton Municipal Code (BMC) Chapter 6.32 "Noise Levels" 6. GENERAL BUSINESS A. Grant Agreement with Recreation and Conservation Office for Renovation of Lions Park 7. PUBLIC HEARINGS A. Public Hearing for Lease Agreement with Kitsap Community Resources for parking on Smith School property (No action until second Public Hearing on November 18...) B. Ordinance No. 5094 adopting the 2009 Comprehensive Plan Amendment Docket 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � � Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 6y noon on the Monday preceding the Council meeting. .. ` e. } ! + • , ��, � •--�� _� � � .�:.,_� �� . , �:,. . . _. -- "7 �_„;'.�, ��• �'�;,(>.I.gi� � ' '' - - � - �!' C ;�': ,, ±,,; �, � � � ; ' — - - - - --- -� 1 CEC/L MCCONNELt, MAYOR PRO-TEM mayor@ci.bremerton.wa.us • � Te1380-473-5268 , � Faz 380-473-5883 PROCLAMATION 345 8�' Street, Suite 800 � Bremerton WA 98337 ___ _...�.._-- _ _ _ _ _ � �VHERE��S over 37,000 people will be diagnosed �vith pancrcatic cancer this year in the United States and ovcr 34,OOp will die from the disease; WHEREAS p�ncreatic cancer is the deadliest cancer and the fourth leading cause uf cancer death in the United States and 710 deaths will occur in Washington State and 75 percent of pancreatic cancer patients die within the first year of their diagnosis and 95 percent of pancreatic cancer patients die within the first five years; WHEREAS there is no cure for pancreatic cancer and there have been no significant improvements in early detection, treatment methods, or survival rates in the last 30 years; WHEREAS when symptoms of panereatic cancer present theinselves, it is usually too late for an optimistic prognosis, and the average life expectancy of those diagnosed with metastasis disease is only three to six months; WHEREAS incidence of pancreatic cancer is 20 to 30 percent higher in men than in women and 40 to 50 percent higher in African Americans than in other ethnic groups; WHEREAS the Federal Government invests less money in pancreatic cancer research than it does in any of the other leading cancer killers; WHEREAS the good health and well-being of the residents of Bremerton are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; WHEREAS the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Bremerton, Washington and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; WHEREAS the Pancreatic Caneer Action Network and its affiliates in Washington State support tllose paticnts currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; N(�W, TH EREFORE, l, Cecil McConnell, titayor Pro Tem of the City �f I3remerton do hcreby pr�c(aim thc month of Nu��cmbcr �009 "Pancrcatic Canccr .��warcncss tilonth" in I�rcmcrton, Washingtun. SIGNED this 23"� day �f Octobcr 2009. � �, �. - C � �" '� ' ( �'�'Z��L 4 � Cccil ti1cCo ncll, iVla or Pro ��rm�� a Y � `'' 1 A � � , � �� COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD � ��Cl�/kf�D ��=�� si ��Z=� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMIITED: 11/4/2009 " ' � AGENI?A BILL CITY OF BREMERTON � CTTY COUNCIL . ao■ev��nm�messs�moeosseo��esrosee��pee�oe��sssaoae�oaw�soeoou �o��seua��ss�i��s��ae�a�� SUB.TECT: Committee Meeting Date: COUNCII. MEETING Daie: November 4, 2009 Claims & Check Register Department: Financial Services _ Presenter: Cathy Johnson Phone: 473-5296 S 111Vfl1�ARY: _ Consent Agenda item. Approval of checks and electronic fund transfers. AT�'ACHMENTS: Check Register. . FYSCAL IlVIPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: - CITY ATTORNEY: � FINANCE DIltECTOR: • MAYOR: � — � COMIVIITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA � � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMN�ENDED MOTION: . 1) Check #'s 334395 through 3346I7 and EFT's 9243 #hrough 928'7 in the amount of $1,528,251.69. 2) Regular Payroll for the pay period ending October 31, 2009 in the amount of $773,185.25. 3) Retiree Payroll for the pay period ending October 31, 2009 in the amount of $80,894.99. COUNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Cor�tinue ❑ No Action i� � i i� �� i;��ri i i�.i�: .�cF:vn:� j3��.i. C'1'l�l�' (�I� f3RC:�-iE�R"I�Oti C'ITY ('OI;N('IL. .......................................................................................� til,'I3JECT: City C'uiuicil �lcctin3 �tinutcs ('umiiiittcc �1�ctin� [)atc: N�:� fi�r mcclin� ��f� t�c)liN('ll. :�if:I:�I�tNc� I)utc: OVQ.Uv�oe.X' wQ-. Zoa9 �C�-�b�o� 2�, Z�o� Dc��artmcnt: C'ity('ouncil T— , Prescntcr: ( ccil McCunncll C'ouncil Presidcnt ' I'hunc: (360) �73-�280 SUI�[h1t�RY: Attached is a summary of the City Couilcil Mcetin� helei O �,,.,-t-a (p�,y- 21 � 2 0 oq ATTACHNiENTS: Meeting Minutes for OG�'b beX' 21 ��-� FISCAL INIPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DtRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N�A U CUMM[TTEE CHA[R N/A � COUNC'1L PRESIDENT: ��, ` r �`�-y L . < < CONSENT AGENDA � �=- t GENERAL BUSINESS ❑ PI�BLIC HEARING ❑ RF.CO!�1�tilENDED :�1OT10N: �1u�-c to apE�rovc thc C'ons�iit ��cnciu as ��res�nt��i. ('Ol�h('IL .a('TION: ❑ .^pprove ❑ D�ny ❑ "l�ahlc ❑ ��ulltlilll� ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 21, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 21, 2009, at 5:00 PM in Council Conference Room 603 of the NoRnn DicKS GovERtvnnENT CENTER 345 6` 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 Legislative Assistant Lori Smith. 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 Pastor Eric Roberts of New Life Assembly. MAYOR'S REPORT — There was no Mayor's Report tonight... PUBLIC RECOGNITION Nina Hallett, Board Member of the Kitsap County Historical Society, invited everyone to enjoy refreshments at the opening of the "Read All About It: History in Print" exhibit at the Kitsap County Historical Society Museum located at 280 4 Street on Friday, November 6 from 6:00 to 8:00 PM. Phvllis Mann, Board Member of East Bremerton Rotary; and Monica Bernhard and Patti Peterson with the Bremerton Food Line thanked everyone who supported the First Annual Bremerton Party that was held a few weeks ago to benefit the Bremerton Boys & Girls Club and the Bremerton Food Line. They stated the event was so successful that the next party is already scheduled to be held on Saturday, September 18, 2010. Joe Roszak, Executive Director of Kitsap Mental Health Services, thanked the City for their consideration of CDBG funding and explained the project planned with the funcls. CONSENT AGENDA A. Check Numbers 334112 through 334394; and EFT-9200 through EFT-9242 in the amount of $1,579,114.46; and Regular Payroll in the amount of $736,315.93 for the pay period ending October 15, 2009. B. Minutes of Meeting — October 7, 2009 C. Minutes of Study Session — October 14, 2009 D. Resolution No. 3099 rescinding Resolution No. 3058 and establishing a Small Public Works Roster E. Acceptance of 2009 Bulletproof Vest Partnership Grant F. Acceptance of 2010 to 2011 Department of Ecology (DOE) Phase I[ Stormwater Pass- Through Grant G. Approv,al of Utility Easement to Washington State Department of Transportation (WSDOT) for an Emergency Generator constructed at Fountain Park There were no questions or commenfs from the public... 05:40:49 M/S/C/U (Runyon/Arends) Move to approve the Co►vsENT A�Etv�a, as presented. PUBLIC HEARINGS 6A — RESOLUTION NO. 3100 APPROVING APPLICATION FROM COMMUNITY City Council Reg. Mtg. Minutes Wednesday, October 21, 2009 Page 2 of 5 DEVELOPMENT BLOCK GRANT (CDBG) SECTION 108 GUARANTEED LOAN FOR CONSTRUCTION OF THE BREMERTON BOARDWALK PROJECT: Marie Vila, CDBG Program Administrator, explained that on August 26, 2009 staff announced to City Council the award of a $1,750,000 HUD Brownfields Economic Development Initiative (BEDI) grant for the Bremerton Boardwalk Project, and received permission from the City Council to apply for CDBG Section 108 Loan Guaranteed funding, a condition of accepting the BEDI grant. Staff has developed an application which we present to Council for consideration and approval. If approved, the application will be submitted to HUD for approval and inclusion in the City's 2010 CDBG Annual Action Plan. President McConnell opened the Public Hearing for commenfs...With no comments made the Public Hearing was closed and opened to the Council for discussion... 05:45:29 The Main Motion was made and seconded, as discussion began by the Council... Rov Runvon asked for clarification on several issues. Ms. Vila answered that Section 108-BEDI funding may be used for private development and clean-up projects on private property; clarified that the funding being discussed tonight can be used for the boardwalk project only; Section 108 funding can be used independently from BEDI as long as the projects fall under the CDBG umbrella and include public benefits; once HUD approves the loan, Council approval will be needed to accept that funding and permits will be needed for project work. At that time, which may be in the 2011-2012 timeframe, the project could proceed or be stopped. That would also be an appropriate time to review the Eco Northwest Study and potential economic impacts. Mike Shepherd asked several questions regarding the permits and the permitting process; which were explained by Public Works Director Phil Williams; and Mr. Shepherd also used this opportunity to encourage staff from other departments to consider applying for these funds in the future. Dianne Robinson explained her perspective after reviewing this funding request from her position as a member of the CDBG Advisory Committee, and felt strongly that this item should be done at a later time because funding for paying the balance still owed after this loan is very "sketchy". She has more questions and feels the money could be better spent in other areas of the City. Brad Gehrinq explained this project has been underway for the last six years and there were no other projects requesting these funds so this is not the time to be hesitant to move forward on this project. 06:04:36 M/S/C (Arends/Wofford) Move to pass Resolution No. 3100 approving the CDBG Section 108 Guaranteed Loan Application for the Bremerton Boardwalk Project construction, and authorize CDBG staff to submit the application to HUD for approval; authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once HUD has approved the application and all funding and permits have been secured. Voted in favor of Motion: Brockus, Runyon, Shepherd, Arends, Maupin, Wofford, Gehring, N1cConnell Voted opposed to Motion: Robinson Motion carried: 8-Yes; 1-No 6B — RESOLUTION NO. 3101 APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATlONS: Phedra Elliott, CDBG Program Coordinator, summarized that on May 7, 2008, City Council approved the CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the program's Citizens City Council Reg. Mtg. Minutes Wednesday, October 21, 2009 Page 3 ofi 5 Advisory Committees have developed funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the 2010 Annual Action Plan. A PowerPointO presentation was made to show the amount requested by each applicant, and the recommended amount from the Citizen Advisory Committee. President McConnell opened the Public Hearing for comments... Julie Pounds, Chuckwagon Senior Nutrition, appreciated the time and effort made by the committee reviewing the requests and hope for continued financial support of the "meals on wheels" program. Patti Peterson, Bremerton Foodline, also appreciated the support from the City and hoped that Council would adopt the advisory committee's recommendations. With no further comments made by the public, President McConnell closed the Public Hearing to the public and opened to the Council for discussion... 06:14:55 The Main Mofion was made and seconded, as discussion began by the Council... Rov Runvon asked if there were any requests to support economic development. Ms. Elliott . answered that no requests for economic development related projects were provided. Will Maupin thanked the members of the advisory committee for the many hours they spent working on the review of these proposals, and for making tough decisions on how to allocate the funds. 06:18:30 M/S/C/U (Robinson/Brockus) Move to pass Resolution No. 3101 approving the 2010 Community Development Block Grant Funding Recommendations and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. 6C — ORDINANCE NO. 5091 AMENDING BREMERTON MUNICIPAL CODE (BMC) TITLE 20 "ZONING CODE": Nicole Ward, Planner with the Department of Community Development, emphasized that the action before Council is to conduct a public hearing and adopt an ordinance amending BMC Title 20 specificatly for BMC 20.02 "Project Permitting"; BMC 20.40 Figure B— "Comprehensive Plan/Zoning Consistency"; and BMC 20.46.110 "Adult Entertainment Business". President McConnell opened the Public Hearing for comments...With no comments made by the public the Public Hearing was closed to the public and opened to the Council for discussion... 06:21:35 The Main Motion was made and seconded, as discussion began by the Council... Dianne Robinson thanked staff for their efforts in making the tables for user friendly. Rov Runvon asked for an explanation about "Adult Entertainment" businesses and how this would ' affect Callow Avenue. Ms. Ward explained businesses on Callow Avenue are grandfathered in and are considered "legal non-conforming". However, if the buildings were vacated for one year, the use would no longer be allowed. 06:23:24 M/S/C/U (Brockus/Runyon) Move to pass Ordinance No. 5091 to amend BMC Chapter 20.02 "Project Permitting"; Figure 20.40 (b) "Comprehensive Plan/Zoning Consistency"; and Subsection 20.46.110 "Adult Entertainment Businesses". City Council Reg. Mtg. Minutes Wednesday, October 21, 2009 Page 4 of 5 _ GENERAL BUSINESS 06:25:32 Mr. Maupin explained that since he is currently running for the position of Mayor he would recuse himself from the next issue; but also he was not feeling we�ll and did not want anyone to get sick... 7A — ORDINANCE NO. 5092 AMENDING SECTION 2.03.010 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE MAYOR'S COMPENSATION: Council Member Rov Runvon stated that the current salary established for the Mayor is $117,671. Beginning January 1, 2010, the Mayor's base salary will be reduced to $93,671 per year plus benefits as provided to the management and professional employees of the City pursuant to Chapter 2.50 BMC. There were no comments from the public... 06:27:52 The Main Motion was made and seconded, as discussion began by the Council... Carol Arends believed it may be legal to bring this action up now, but believes it would have been a better time during the budget discussion; mentioned that there are other areas the Council could look at instead to save money; favored a salary study by a professional group to handle this situation more fairly; and does not support the issue. Mike Shepherd said the issue has actually been discussed for over a year during Finance Committee and Study Session; and pointed out that his reasons for supporting this change include 1) during these difficult economic times, city employees have taken concessions and that the mayor's position should be considered as well 2) both mayoral candidates have already stated they would support the reduction and 3) this decision would demonstrate leadership. Adam Brockus looked at the benefit of this action during the recession, and since a sunset clause could not be included, he could not support the issue. Brad Gehrinq looked at comparable salaries and positions in the city and believed it would be in the right spirit to reduce this salary especially since other jobs are being cut; and offered his support. Rov Runvon discussed the Citizen Commission that sets the salary for Council Members and possible Charter Amendments that may be reviewed next year. 06:42:31 M/S/F (Runyon/Shepherd) Move to approve Ordinance No. 5092 reducing the Mayor's base salary to $93, 671 beginning January 1, 2010. Voted in favor of Motion: Runyon, Shepherd, Gehring Voted opposed to Motion: Robinson, Arends, Wofford, Brockus, McConnell Motion failed: 3-Yes; 5-No COUNCIL MEMBER REPORTS Nick Wofford encouraged people to visit the USS Turner Joy "Haunted Ship" on Thursday, October 29 from 5:00 to 9:00 PM; Friday, October 30 and Saturday, October 31 from 5:00 to 11:00 PM. Admission is $5. Please contact (360) 792-2457 for more information. Carol Arends attended Emergency Management and CenCom Policy Board. Dianne Robinson reported on several meetings she attended this past week including the Budget Committee, Child Death Review Board, and Kitsap Mental Health Board. City Council Reg. Mtg. Minutes Wednesday, October 21, 2009 Page 5 of 5 Mike Shepherd hoped people would attend the "Empty Bowl Dinner" and emphasized that he would be making chicken Thai soup, which is his specialty. Rov Runvon provided more details on the "Empty Bowl Dinner" to be hosted by the Summit Avenue Presbyterian Church to benefit Bremerton Foodline on Saturday, October 24 from 4:00 to 7:00 PM at 403 South Summit Avenue; and announced that the Downtown Business Association will be sponsoring the Annual "Safe Trick or TreaY' on Saturday, October 31 from 5:00 to 8:00 PM in downtown Bremerton. Please contact Chris Nordleaf at (360) 479-3844 or Sandy Corbet at (360) 377-8888 for more information. Adam Brockus reminded everyone that the Bremerton Symphony will be having their first performance this Saturday at 6:00 PM at the Bremerton High School Auditorium; and reminded everyone to please vote. Brad Gehrinct directed a fundraiser for the Veteran's Assistance International support group; attended Arts Alive Auction, a great event that keeps getting better for a good cause; and after having attended Operation Alligator on Monday, a homeland security exercise held at Klahowya High School, he now has a much greater level of confidence in local emergency personnel. With no further business, President McConnell adjourned the Council Meeting at 6:55 PM. Prepared and Submitted by: � LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:Is:cg i�:� i i�. �< <;�ti i� i i�.i�: �� .�c:F:`n�� i.t. C'I��ti' OF RRI:ti�1l:R��Uti CITti' ('OUV('(L .......................................................................................� �l.'13JE�.CT: C'ity C'uuncil �lc�tin� i�tinutcs (' UI1111111ICC �i�ctin� vatc: v�:\ ti�r iiicctin� uf ('c)liti('1[. �1t:t:�1�IN(� I)ate: No��,�( q,�?pp9 0�,-�-o b2X' 28� 200q' D�partm�nt: City Council Prescntcr: C'cril �1cConneli Council President ��I111►1C: ( �UI)� �7�->>g�) SUI�Ii�I�RY: Attacilcd is a summary of the City Council i�lcetin� held Oe.��oPX` 28 , Zboq ATTACHNIENTS: Meeting Minutes for ��-�'b b� �$ � Z FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A CUMM(TTEE CHAIR N/A _, COUNC[L PRESIDENT: � , `~��,,� � � CONSENT AGENDA � GENERAL BUS[NESS ❑ PUBL[C HEAR[NG ❑ REC0II�IE�IDF.D :�IOTION: ;Viuve to appro�c thc Cuns�nt ��ncla �is pres�ntcci. ('Ot'N('IL :�('TlON: ❑ Appruve ❑ Deny ❑ fahlc ❑ ('�mtinu� ❑ Nu Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 28, 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 6' Street, Bremerton, Washington, Wednesday, October 28, 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 emphasized that the Study Session was open to the public, however 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 PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action: 1. Office of Public Defense Grant Acceptance —Theresa Ewing, Municipal Court Administrator; and Will Maupin, Public Safety, Parks, & Planning Committee Chair ConsentAgenda 2. Proposed ordinance amending Bremerton Municipal Code (BMC) Chapter 6.32 "Noise Levels"— Allison Daniels, Community Development; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Consenf Agenda B. FULL DISCUSSION ITEMS 3. Grant Agreement with Recreation and Conservation Office for Renovation of Lions Park — Wyn Birkenthal, Parks and Recreation Director; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Genera/ Business 4. Proposed public hearings on Lease Agreement with Kitsap Community Resources for parking on Smith School property — Wyn Birkenthal, Parks and Recreation Director; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Public Hearings (November 4 8 18) At approx. 6:00 PM, President McConnell turned the gavel over to Vice President Nick Wofford to chair the remainder of the meeting and left due to illness... 5. Proposed ordinance and public hearing to adopt the 2009 Comprehensive Plan Amendment Docket — Lindsey Sehmel, Community Development; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Public Hearing C. GENERAL COUNCIL BUSINESS A brief discussion of General Council Business was held. Vice President Wofford adjourned the Study Session at 7:10 PM. Pre red and Subm�t d by: , � LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President DATE SUBMITTED: AGENDA BtLL �� CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Office of Public Defense Committee Meeting Date: 10/28/2009 Grant Acceptance - 2010 COUNCIL MEETING Date: 11/04/2009 Department: Municipal Court Presenter: Theresa Ewing Phone: 473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded $15,000.00 for the proposed public defense improvement project. This money is intended to be used for improvements including continuing to adjust pay compensation for contracted attorneys, adding an attorney to reduce public defense caseloads, and adding investigator and interpreter services, as proposed in the City's grant application. ATTACHMENTS: Letter of Acknowledgement FISCAL IMPACTS (Include Budgeted Amount): The OPD funding is a revenue source for $15,000.00 to be used directly for Public Defense in the City of Bremerton Municipal Court. These monies will be fully expended as part of the 2010 Public Defense Contract. There are no matching funds needed. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � � ` � , � T�/�� !/ � �� COMMITTEE CHAIR , ' COUNCIL PRESIDENT: '�� ,� � � .� ,,,�,� CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to accept the grant from the Office of the Public Defense. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action �� S�ATg o � o� � J � ti � V' �"C � 1889 � y WASHIN�TON STATE (360) 586 Internet Email: opd@opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX (360) 586-8165 September 30, 2009 � � � � g � � � � Theresa Ewing ��T — 2 2��9 Court Services Manager Bremerton Municipal Court BY 900 Pacific Avenue MUfVICIPAL COUHT Bremerton, WA 98337 Re: Chapter 10.101 RCW Application for City Grant Funds Dear Ms. Ewing: The Washington State Office of Public Defense (OPD) is pleased to announce the award of RCW 10.101.080 City Grant funds to the City of Bremerton. The award is in the amount of $15,000.00 for use in 2010. Enc(osed is a short Grant Agreement for your review and signature by an authorized representative of the City of Bremerton. The signed Grant Agreement should be returned to OPD by October 31, 2009. A conformed copy will be mailed to you for your records. The grant funds will be mailed to you in mid-December. If you want the check mailed to a different person or office, please let us know. If the City of Bremerton uses state BARS coding, these grant funds should be received under BARS revenue code 334.01.2X. Chapter 10.101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10.101.030, or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services. Accordingly, OPD looks forward to receiving the city's mid-year report in July 2010 (as required in the Grant Agreement), as well as visiting your program at least one time during the year. OPD's Public Defense Services Managers are available to provide assistance to support the City of Bremerton's efforts or to answer questions. Please feel free to contact Kathy Kuriyama or David DeLong at (360) 586-3164. We look forward to working with you. Sincerely, U`--- Joanne Moore Director Enclosure - 711 Capitol Way South • Suite 106 • P.O. Box 40957 • Olympia, Washington 98504-0957 Grant Agreement No. GRT10174 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Bremerton Theresa Ewing 345 6th Street, Suite 600 Court Services Manager Bremerton, WA 98337 Bremerton Municipal Court 900 Pacific Avenue Bremerton, WA 98337 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 loanne I. Moore PO Box 40957 Director Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount 6. Grant Period $15,000.00 January 1, 2010 through December 31, 2010 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start January 1, 2010 and end December 31, 2010. The rights and obligations of both parties to this Grant are governed by this � Grant and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant and General Terms and Conditions of City Grant. FOR THE GR� EE FOR OPD '� C �X � `� . — TF1 �, �e g A�,w � n c�, ��+ j�,ru � c_vs Name, Title 1�qr�ccc�e-r" Joanne I. Moore, Director � �� C-� Date Date SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. b. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. GRANT AWARD AMOUNT The Grantee is awarded Fifteen Thousand Dollars ($15,000.00) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. 3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policv Countv/Citv Use of State Public Defense Fundine) a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely administrative functions or billing costs. c. Grants funds cannot be used for indigency screening costs. d. Grant funds cannot be used for city or court technology systems or administrative equipment. e. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS a. Grantee agrees to use the grant funds for the following purposes: i. Continuing to adjust pay compensation for contracted attorneys and increasing per case compensation for conflict case assignments ii. Adding attorneys to lower public defense caseloads iii. Adding investigator services iv. Adding expert services ' v. Providing public defense services at preliminary appearance calendars vi. Providing interpreter services for attorney-client interviews and communications b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above. c. Grantee agrees to use the funds in calendar year 2010. If Grantee is unable to use the funds in 2010, the Grantee agrees to notify OPD to determine what action needs to be taken. d. Grantee agrees to deposit the grant check within fourteen days of receipt. 5. REPORT Grantee agrees to submit a written mid-year report to OPD no later than July 31, 2010. The report shall include, but not necessarily be limited to, the following information: to date overview, how grant funds have been used, how grant funds have impacted indigent defense services, and a brief summary expenditure report. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statues, regulations, and court rules • Special Terms and Conditions Of the City Grant • General Terms and Conditions of the City Grant GENERAL TERMS AND CONDITIONS OF THE CITY GRANT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABIIITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336. also referred to as the "ADA" 29 CFR Part 35. The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE . In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. WAtVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. U:�"t'E SUE3MITTED: October 21, 2009 �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...................� D' .. S o � .......................................... ......... .. .. . . , SUBJECT: An Ordinance amending BMC Committee Meeting Date: October 28, 20U9 6.32, Noise Levels. COUNCIL MEEI�ING Date: Novcmber 4, 2009 DeparUnent: DCD Presenter: Allison Daniels Phone: 360.473.�289 SUn�IM�-1RY: Adopt an Ordinance to reflect the following: 1) Revise BMC Section 6.32.070, "Variance Procedures" to replace the review authority trom the '`Planning Commission" to the "Administrative Hearing Examiner". In April 2002 the City changed its quasi judicial body to the Hearing Examiner. In October 2009 it was brought to the City's attention that the procedures for the Noise regulations were inadvertently missed and thus not consistent with the 2002 change; and 2) Revise BMC 6.32.090, "Right to Appeal" to replace the appeal authority from the `'Hearing Examiner" to the "Superior Court". As the Hearing Examiner will be the initial review ' authority for the "Variance Procedures" a different authority is required for an appeal. ATTACHMENTS: I. Proposed Ordinance �p , S o 9 3 FISCAL IMPACTS (Include Budgeted Amount): None ,' APPROVALS: ' DEPARTMENT DIRECTOR: , � - � CITY ATTORNEY: J t FINANCE DIRECTOR: MAYOR: G �� ` �.�-v,��.�� COMMITTEE CHAIR � � COUNCIL PRESIDENT: r=� , f � �`� CONSENT AGENDA J� GENERAL BUSINESS ❑ � , PUBLIC HEARING ❑ � RECOI��IMENDED MOTION: Move to pass Ordinance No. S�o`�J� to amend BMC Chapter 6.32, Noise Levels. COUNCIL. ACTION: ❑ Approve ❑ Deny. ❑ Table ❑ C�mt�nue ❑ Nc� Actiun ORDINANCE NO. �09,3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Bremerton Municipal Code, Chapter 6.32, Noise Levels. Amendments include changing the decision maker from the Planning Commission to the Administrative Hearing Examiner. In addition the appeal procedures will be modified accordingly. WHEREAS, on Apri12002 the City of Bremerton entered into an agreement to utilize the Hearing Examiner to replace the Planning Commission and City Council as the decision maker for quasi judicial procedures; and WHEREAS, a section of the Bremerton Municipal Code has not been changed reflecting the replacement of the Planning Commission as the decision maker for quasi judicial procedures related to variances in the City's Noise Ordinance; and - WHEREAS, by changing the Noise Ordinance will provide consistency within the Bremerton Municipal Code for quasi judicial procedures and related to variance in the City; and WHEREAS, in order to ensure consistency, the appeal procedures of Bremerton Municipal Code Section 6.32.090 must also be amended by replacing the Hearing Examiner with the Superior Court to allow for the appropriate reviewing body. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.32.070 in the Bremerton Municipal Code entitled "Variance Procedures" is hereby amended to replace Planning Commission with the Administrative Hearing Examiner, as follows: 6.32.070 VARIANCE PROCEDURE. (a) A person who owns or is in possession of any property or use, or any process or I equipment, may make a request for a variance to the ' dministrative Hearing Examiner for relief from any provision of this chapter governing the quality, nature, duration or extent of discharge or noise. The application shall be accompanied by such information and data as the ' Hearing Examiner may require. The Hearing Examiner shall enforce rules and regulations governing the application for and granting of variances, including hearing and notices. A variance or its renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable discretion of the earing Examiner. (b) The variance shall not be granted under this section unless the ea�� Hearin� Examiner has considered the relevant interests of the applicant, other owners of property likely to be affected, and the general public and finds that all the following facts and conditions exist: Noise Levels (1) That there are exceptional or extraordinary circumstances or conditions applying to the applicant's property, or intended use thereof that do not apply generally to other properties in the same noise control district; (2) That such variance is necessary for the preservation and enjoyment of a substantial person or property right of the applicants possessed by the owners of other properties in the same noise control district; (3) That the authorization of such variance does not endanger public health or safety in the same or adjacent noise control districts; (4) That the granting of such variance will not adversely affect the general policy and purposes of this chapter. (c) In authorizing a variance, conditions regarding noise level, duration, type and other considerations deemed necessary to carry out the policy and purpose of this chapter may by imposed. SECTION 2. Section 6.32.090 in the Bremerton Municipal Code entitled "Right to Appeal" is hereby amended by replacing the Administrative Hearing Examiner with the Superior Court, as follows: 6.32.090 APPEAL TO SUPERIOR COURT. , , C�a}�e�,?6��4£�A��-4��6�8�;-9r�-4n��oz�s'�°o��-� ^..�.�-?-Z� �n-� ,�' -�� , , An appeal of the decision of the Hearing Examiner must be filed with the Superior Court within twentv-one 211 calendar davs of the issuance of the decision. SECTION 3. Severability. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after 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 CECIL MCCONNELL, Mayor Pro Tem Noise Levels ATTEST: APPROVED AS TO FO[�M: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2009 EFFECTIVE the day of , 2009 ORDINANCE NO. R:\Legal\Legal\Ordinances\Community Development\Noise Levels.doc Noise Levels DA'1'E SUI3MITTED: September 3U'�', 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ��e��• SUBJECT: Grant Agreement with Committee Meeting Date: October 28` 2009 Recreation and Conservation Office for COUNCIL MEETING Date: November 4' , 2009 renovation of Lions Park Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The attached agreement with the Recreation and Conservation Office will provide $500,000 to assist with the redevelopment of Lions Park. The funds will be used to construct improvements contained in the Lions Park master plan adopted July 9` 2009. Additional financial support for the project has been secured from the Bremerton Central Lions Club and the Washington State Department of Ecology. This grant is administered by the Washington State Recreation and Conservation Office, the funding source is the Federal Land and Water Conservation Fund. ATTACHMENTS: Land and Water Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): $300,000 of Real Estate Excise Tax Project will reduce M and O by replacing older, existing high maintenance park facilities. � t.*,.�. s.... s �1-�..1...� -��-,.1 b��}. , � APPROVALS: ,_._-_._._----- -- DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: '`'" � � ,/ COMMITTEE CHAIR � COUNCIL PRESIDENT: ` , � CONSENT AGENDA ❑ GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to authorize the Mayor to enter into the Lions Park grant agreement with the Washington Recreation and Conservation Office. **and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No �ction Agenda Bill Attachment Lions Park Redevelopment Budget � October 23, 2009 � Sources: Grant — RCO $ 500,000 pending Council acceptance Grant — Department of Ecology 1,500,000 secured Donation — Lion's Club 50,000 secured REET — in 2009 budget 300,000 pending Total $ 2,250,000 Uses: Park redevelopment $ 2,250,000 Note: includes approximately $100,000 for youth ball improvements on Bremerton School District property to replace ball tlelds lost in the redevelopment of Lion's Park. � Page 1 of 2 � Wyn Birkenthal From: Ibarra, Tauren (RCO) [fauren.lbarra@rco.wa.gov) on behalf of Austin, Marguerite (RCO) [Marguerite.Austin@rco.wa.gov] Sent: Wednesday, August 26, 2009 12:01 PM To: Wyn Birkenthal Cc: Thirtyacre, Sarah (RCO); Colette Berna Subject: RCO Agreement #08-1257D Attachments: 08-1257 Bremerton PRD Lions Park Waterfront Enhancement.pdf August 26, 2009 Wyn Birkenthal City of Bremerton 680 Lebo Blvd Bremerton, WA 98310 RE: Lions Park Waterfront Enhancement, RCO #08-1257D Dear Mr. Birkenthal: Congratulations on receiving a grant for the Lions Park Waterfront Enhancement project. Your grant is administered by the Recreation and Conservation Office (RCO) and attached are some grant contract materials you need to sign and return to us before your project may begin. Attached you will find a contract called a project agreement, which includes the standard terms and conditions, a project summary, a milestone report of your key deadlines, and an eligible reimbursement activities report that describes what you can bill to us. After reviewing these materials, please print two copies of the entire project agreement, have the appropriate person sign both, and return both signed copies within 90 days to PO Box 40917, Olympia, WA 98504-0917. Your project agreement will then be signed by RCO and a copy will be returned to you for your records. Once you've received a signed project agreement, you can begin implementing your grant project. It is extremely important that you complete your project on time to ensure the continuing success and credibility of the Land and Water Conservation Fund Program. Timely use of your grant helps demonstrate effective use of funding to citizens and policymakers. We encourage you to contact the media about your project to help build public awareness of it and its benefits. Acknowledging grant funding helps increase the public's understanding of the value the funding provides to communities. Please notify your project manager of any event celebrating your project's beginning or completion. We'd love to help you celebrate! As always, staff is available to answer your questions. If you need assistance, please contact Sarah Thirtyacre at (360) 902-0243 TDD (360) 902-1996, or sarah.thirtyacreCa)rco.wa.gov. Thank you again for helping make this valuable investment in Washington's great outdoors. Sincerely, 9/30/2009 y ' WASNiNGTON STATf _�� i � Recreation and Conservation Office LWCF Project Agreement Recreation Resource Account Projeet Sponsor. Bremerton Parks 8 Recreation Depa�tment Projeet Number: 0&1257D Projeet Title: Lions Park Wateriront Enhanoement Approval Date: 6/8R009 p, PARTIE3 OF THE AGREEMENT This project grant agreement (agreemerd) is entered iMo beMreen the State ot Washfngton by and through the RecreaUon and Co�senratlon Funding BoaM (RCFB), P.O. Box 40917, Olympia, VYashington 985040917 arul City oi Bremerton by and through the Bremerton Parks 8 Rec D�t (sponsor). 880 Lebo Blvd. &emerton. WA 98310 aru! shali be bi�ing on the ageMs and ap perso�s ading by or ttuough the parties. B. PURPOSE OF ACsREEMENT This agreemeM sets ad the tem�s and conditl�s by which a grarrt is made irom the ReaeaUon Resource Acoount of the State ot Washington. The grarK is administered by Me RecreaUa� and Conservallon Offlce (RCO) to Uie spor�sor for it�e projed named above. C. DESCWPTION OF PROJECT The subjec� proJect Is descxibed ai tl►e attached projed summary. D. PERIOD OF PERFORMANCE The projed reimbursemeM period shaU begin on August S, 2009 and end on Deoember 31. 2011. No expenditure mede before w after th� pertod is elfgible for reimbursemeM uN�s incorporated by written amendmeM tnto this agreemeM a spec�icaly provided ior by Au�ding boardloiNce popcy. Requests for dme extensia�s �e to be made at least 60 days betore tl�e agreement end date. Ii a req�st tor a dme extension is not made at least 80 days before the agreeme�t end date, the request may be �n/ed. If the request is made after U�e agreemeM end date. the tlme extenslon wpl be deniad. E. ON-COINO OBUGATiON For develoPme�t Prolec� the ProJect spor�sOrs on�dn9 o�i9at�s shap be in Pe�petuilY and ahaU survive U�e c�mpletioMertninatlon M this proJed agreement u�ss otlierv�ise idenUfled in U�e agreement or as approved by the funding board. It ia the iMent of U�e fund(ng board's oonversion Pu1kY (see sectlon 28) that aq areas developed vWth funding assistancs remain in the pubUc domafn in p�petuity. F. PROJECT FUNDING � The total graM award provided by the funding boardloffioe for tlUs project shall not exceed 5500.000.00. The funding board/otnce shap not pay any amouM beyond that approved for lunding ot Ihe projed. The sponsor shall be responsible tor ali total proJect c�sts tt�at exceed fhis amoura. The c�tribuda� by fhe sponsor MvveM work on this proJeat at a minirtwm sha9 be as indicated below: Percentage Dopar AmouM RCFB - Land and Water CaroenaUon 29.4796 $500.pOp.pp ProJect Sponsar 70.5996 $1.200.000.00 TotalProJeetCoat 100.0096 s1.700,000.00 G. RIGHT8 AND OBU<3ATIONB AII rights ar�d obligatlona of lhe partles to this agreement ere subjed to this agreert�rrt and its anachmeMs, as now exisUng or hereafter amended, induding the sponsw's applicatlon. proJect summary. eligible reimbursertieM acdvities report, and proJed mNestones. au otwhfch are ir�corporated herein. Except as provided herein, no amendr�nUdeleU�s of erry of the terms � condiN�s ot this agreement wiU be eBecGve unless provided in writing. All such amendmenUdeletio� exoept fhose cor�eming the perfod of perfonnance. must be signed by both paRiee. Period of per6ormance extensfons need ony be sigr�ed by RCO's diredor or designee. The sponsor has read, fuly unde�stands, and agreea to be bound by aq tertns and cor�ditlo� as set forTh in these documents. LWCF ProJed Agreement - RCO #08-1257D RecreaUon Resouroe AccouM Chapter 79A.25 RCW, Chapter 288 WAC Page � ot �a PROJAGR.RPT H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is govemed by, and the sponsor shall comply with, all appUcable state and federal laws and regulatlons, indudi� Chapter 78A.25 RCW, Chapter 288 WAC, and published agency polides, which are incoryorated herein Dy this reference as if tuly set forth. r I. SPHCIAL CONDITIONS {none) �• FEDERAL FUND INFORNUITION A pordon or all of the funds for this project are provided through a tederal funding source. Fu�s provided irom Me US Dept of Interior muat be repotted under CFDA Ot 5.918 - Lerb 8 Water Conservation and Award Number Apport Ltr FY07 for federal flscal year 2007. If the sponsor's totel tederal expenditurea are $500,000.00 or more durirx,� the sponsor's flscal-year, the sponsor is required to have a federal singb audit conducted for fhat year in complianoe with Oflice ot Management and Budget Circular A-133. A copy of the 8nal audit repoR must be provided to RCO within nine months ot the e� of the sponsor s flscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency. Failure to provide requUed A-133 audRs will lead to a suspension of paymeMs and may lead to a suspension of RCO agreements. K. PROJECT AGREEMENT REPRESENTATIVE All wrttten communicaUons seM to the sponsa under this agreert�nt wili be addressed and delivered to: Prolect Contaet RCFB Name: Colette Bema Recreatlon end ConservaUon Otflce Tftle: Natural Resources Building Address: 880 Lebo BNd PO Box 40917 Bremerton, WA 98310 Otympia, Washington 985040917 These addresses shall be ettective unUl receipt by orie party from the other oi a written no8� oi arry change. L. ENTiRE AGREEINENT This agreemeM, with aU amendments and attachments, conatkutea the eMire agreement ot the pardes. No other urxlerstandings. oral or otherwise, regarding tMs agreemeM shall extst or bind any of the parUes. M. EFFECTIVE DATE This agreemeM, for proJect 0&1257D, shall be eRective on signfng by all parties. Reimbursements for eligible and allowable c�sts incumed prlor to the effec�ive date and those costs incuRed within the period of performance are allowed ordy when this agreement ia signed by ail parUes and an original is received by RCO. The period ot pe�tormance is ide�tifted in sectlon D. LWCF Project Agreement - RCO #0&1257D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 2 a �a PROJAGR.RPT � The sfgnato�s listed below represent and warcant their authority to bind the partfes to this agreement. Brert�Ron Parke 8 Rec Dept By: Date: Name: (prtnted) Title: State oi Washington On behaH of the Recreadon and Conservatlon Funding Boerd (RCFB) By: Date: Kaleen Cottingham Diredor, Recreation and Conservadon Office Pre as to fortn: By: /� Date: April 1, 2009 Assistant Attor�y Ger�eral LWCF Projed Agreement - RCO �0&1257D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 3 oi �a PROJAGR.RPT y . , ;3 WASMINGTON STAT! � Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Pro)ect Sponaor. Bremerton Parks & Recreation Department Pro)eet Number. 08-1257D Pr oject T Lions Park Waterfront Enhancement Approva� Date: 6/8/2009 SECTION 1. CITATIONS, HEAOINGS AND DEFINITIONS A. My citations referendng speclflc documenis refer to the current version at the date oi project agreemeM andlor an�r revisions in the future. B. Headinga used in thia agreement are tor reference puryoses only ar�d shall not be considered a substanUve pan ot this agreemeM. C. Deflnitions. As used throughout tMs agreement, the foltowing tem�s shall have tt�e meaning set Mrth below: , aequlsWoe • Trie gaiMng of �ights of ownership by purchase, negotiatlon, � other means, ot tee or less than fee interests in real ProPehY• agreemeM - The axord accepted by all partfes to the preseM transadion; this agreement, any suppler�Mal agreerr�errts, any art�ndments to this agreemeM and any intergovemmental agreemerris. applicaM - My agency or organir.adon that rtseeta the qualitying ate�ards, induding deadlines, for submission ot an appllcatlon solfating a grant ot Au�da from the fur�ding board. appikatlon - The fortns and support doaments approved by the tunding board or its direcWr for use by appiicarns in so8atlng project funds administered by RCO. asset - Equipment purchased by tl�e sponsor or acquired or trar�ferred to the sponsor for the purpose ot this agreemeM. This definition ia restrided to non-fixed assets, induding but not Iimited to vehides, computers or machinery. cognizant or ove►sigM agency - Federal ayency responsible for er�udng compliance with tederel audit requiremeMs. contraetor - Shall mean one not in the employrr�M oi the sponsor who is perfortning aU or paR of the eligible activitles for this projed under a separate agreemeM with the sponsor. The tertn "corrtractor' and "contradors' means coMractor(s) in any tfer. eorporate sponsor - My crorporate brm ot businesa, induding rwnprofit organizatlons, under RCW 23, 238 and 24. developme�Wrenovatlon - ConsUuction of w improvemeM of site or site faalldes. director - The chlef execuUve oflioer ot Ute Recreadon and Conservation Oftioe or thffi person's designee. elements and iteme - Componerds deflr�ed as part of the scope ot work, see Secdon 28 8. funding bosrd - The board thet autho�ized Vre funds in this agreemern, either the RecreaUon and Conservatlon Furxiing Board (RCFB) created under chapter 79A.2S.110 RCW, or the Salrrron Recovery Funding Board (SRFB) created und� chapter 77.85.110 RCVV. landawner agreement - A landowner agreemeM is required between a sponsor and landowner for proJects located on land not owned, or otherwise conVolled, by the sponsor. milestone - M lmportant event with a deflned deadline for an activit�r related to implementatlon of a tunded project. perlod ot pe�formanes - The time period sped8ed in the agreement. und� Sectlon D. period ot perfortnance. post evaluatlon sununary - Ot�e of the documents used to summa�ize and describe the acdons undertaken in the agreemern. pro)ect - The undertaking that ts tl�e subJed ot this agreemerrt and that is, or may be, funded in whole or in part with Tunds adminlstered by RCO on behaH oi the funding board. RCO - Recrestlon and Co�ervatlon OIHee - The state oi8oe that provides admfnistrative support to the Recxeation and Conservallon Fundir�g Board and Salm� Recovery Fu�ding Board. RCO indudes the dtrector and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with admfnlstering thia agreerr�nt by Chapters 77.SS.110 and 79A28.240 RCW. reimbursemerK - Payment ot eUgible and allowable c�sts that have already been pald by the sponsor per the terms oi tl�e agreement. restoratioNenhancement - Bringing a site badc to its o�iginal fundion as paR of a natural ecosystem or improvi� the ecological functionalit�r ot a site. spo�or - TAe eilgible applleaM who has been awarded a grant ot funds ar� fs bound by this executed agreement; inGudes its ofticers, employees, ageMs and sucoessors. SECTION 2. PERFORNIANCE BY THE SPON80R The sponsor shall undertake the project as described in this agreemerrt, post evaluaUon summary, the sponaors applicahon, ancl in accordance with U�e sponsors proposed goals and objectivea desaibed in the applicaUon or documents submitted with the appiication, all as 8nally approved by the funding board. Ail submitted documents are incorporated by this reference as H tuly set brth herein. The Order ot Precedence is covered in Section 34. Timely completion oi the projed is importar►t. Failure to rr�et critical milestones or complete the project, as set out in this agreement. is a material breach of the agreemeM. LWCF Project Agreement - RCO #0&1257D Recreaaon Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page a ot �a PROJAGR RPT SECTION S. ASSIGNMENT Neither this egreement, nor any claim arising under this agreement, shall be transferred or assigned by the sponsa without p�ior written conseM of tl�e funding board. SECTION 4. RHSPONSIBILITY FOR PROJECT While the funding boerd undeRakes to assfst the sponaor with the proJecl by providing a graM pursuartt to thfs agreerr�nt, the project itself remair� the sole responsibiAry of the sponsor. The funding board undertekes no responsibi8tles to the sponsor, or to any third party, oM�er than as is expressy set out in this agreement. The responstbflity for the implementatlon oi the project, is soley tha! of the sponsor, es is the responsibility for amr claim or suit of any nature by a�r thiN party related in any way to the pro)ec:t. SECTION 8. INDEMNIFICATION To the fulleat exteM pertnitted by the law, tl�e sponaor expresaly agrees to and shalt indemnil�r, defend and hold harmless the State a� its egendes, ofNdals, ageMs and employees from ar►d against all daims, actlona, coats, damages, or expenses of any nature aAsfng out of or indderK to tf�e sponsoPs or arry co�Vador's peAortnance or failure to pe►iorm the agreeme�t. Sponsor's obUgatia� to indemnN�►, defend and hold harmless also indudes an�r dafm by sponsor's agents, empbyees, representatives or any contrador or its employees. Sponsors obOgatlon to deterx! Indudes payment of ar�y costs or attomeys' fees. Sponsor's obligaUon shall not indude such Gaims that may be caused by the sole negligence of RCO, its oiflcials, agents, and employeea. If the defms or damages are caused by or resuft from the cor�rrent negtigence ot (a) RCO, ita agents or employees and (b) the sponsor, its contractors, ageMs, or empioyees, fhis indemnity provision shali be valid and enforceable only to the exterd ot the neglige�e oi the spons� or its contradors, ageMs, or employeea. The sponaor expressy agre� to waive hisrt�er immurdty under TiUe 51 RCW to the extent required to indemnity, defend, and hdd ham►less the State and its age►kies, oflidals, agents � employees. SECTION 8. INDEPENDENT CAPACITY OR THE 8PON90R The sponsor and its employeea or ager�ts periortning under this agreemeM are not ofticers, ert�loyees � agents oi the funding board or RCO. The sponsor wfil not hold itseN out as nor daM to be an oifl�, employee or agent of RCO, a funding board or of the atate of Washington, nor wiA the sponsa make arry daim of rigM, privilege or beneflt which would ac.cxue to an employee under Chapters 41.08 or 288 RCW. The sp�sor is responsible for withholding arKUor payf� employment taxea, insurer�ce, a deducdona of emr kind required by federal, state, and/or locel 18w8. SECTION 7. CONFUCT OF iNTERE3T Nolwithstarufing any detertMnation by the Executhre Ettdcs BoaM or ofher tribimal, RCO may, in i� sote disaetfon, by written notice to the sponsor terminate this apreerr�M it R fa tound after due notloe and examinaU� by RCO that there is a violatlon oi U�e EWcs in Public Service Ad, Chapter 42.52 RCW; or arry similar statute involving the sponsor in the proauement of, or perfonnance under, tMs agreemerd. In the event thfs agreeme� is temdnated as provided above, RCO shall be entltled to puraue the same remediea against the sponsor as k couid pureue in M�e eveM of a breach of the agreemeM by tl�e sponsor. The rights and remedies of RCO provided for in th� dause ahall not be exdusive and are in addidon to arry other rigMs end rert�edies provided by law. SECTION 8. ACKNOWLEDGMENT AND SIGNS A Publicetior�. The apo�sw shail indude lenguage which adurowledgea ihe funding coMribudo� of the applicable grant program to tMs proJect in ar�► release or other pubifcadon developed or modifled for, or referting to, the proJed. B. Signs. The sponsor also shall post sfgns � other appropriate media at proJect enVanoes and other locatlons a� the project whfch adcnowledge the applk;eble grant program's M�ding cor�tri�. un�ss exempted in funding board policy or waived by the directa. C. CeremoNes. The sponsor shaA notlfy RCO �o later tt�an lwo weeka before e dedicaUon c�remorry f� thfs project. The sponsor shall verbally ac*noMAedge tt�e applicable greM �ogram's funding c�ntributfa� at aq dedication ceremonies. D. Federely Funded ProJec�s. When issuing stat�nents, press releases, requests for proposels, bid solidtaUor�, and other doaimerits describing a project funded in whole or in part wNh federal rtwney provided for in this graM, sponsors shail Gearly stete: 1. The perce�tage of the totel costs of,the proJect that ia flnanced vvith federal money; 2. The doilar amourK oi federel funds for the project; and 3. The percentage and dollar amount of the total costs oi tl�e project that is 8nanc�d by nongovemmentai sources. LWCF Project Agreement - RCO #08-1257D Recreatlon Resource Account Chapter 79A.25 RCW, Chapter 288 WAC P� g°� 14 PROJAGR RPT 3ECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implemeM the agreement in accordance with applicable federai, state, and loca! laws, regulatfons and RCO and funding board polides. The sponsor shail compy wiU�, and RCO is not responsible fw determiNng compliance with, any and eil epplicable iederal, state, and local laws, regulaUons, arM/or polides, induding, but not limfled to: State Environmental Poliq Ad; Industriai Insu►anoe Coverage; Architecturel Barrie�s Act; pertnfts (shoreline, Hydraulica ProJeG Approval, demolltlon); land use regulaUons (crtUcal areas ordinances, Growth ManagemeM Ad); federal and state safety a� health regulations (Occupational Safety and Health AdministraUonMlasMngton industriel Safery and Heatth Ad); end Buy American Ad. Endangered Speeies For habitat reatoratfon proJeas lunded in part or whole with federa! funds admfMstered by Me SRFB the spa�sor shall not commenoe wfth dearing oi riparian trees a f�water work unlesa efther the spons� has compiled with 50 CFR 223.203 (D)(8), Umit 8 or uMll an Endangered Spedes Ad consulfaUon is flnalfzed in w�iting by the Nadonal Oceanic and Atrtrospherlc AdmiMstratlon. VlolaUon ot this requirement may be grounds fo� terminating thia proJed agreement. Thfs secdon shatl not be Me basfs for any enforcement resp�sibilily by RCO. Nondiserlminadon Laws The sponsw shaU comply with all applicable federal, state, and local nondiscriminaUon laws arM/or polides, fncluding but not �imited to: the Americans vWth Disabfiitles Ad; Civil RigMs Acf; and the Age Discximinadon Act. In ttre event ot the sponsors noncompUance or refusai to compy with amr norxlfscximinadon iaw or policy, the agreemeM may be resdnded, canoelled, ar terminated in whole w in part, and the sponsor may be dedared ineligible for further grant awards irom Me funding board. The sponsor ia responsible fot arry er�d all c:osts or Ilabilriy arising from the sponaor's failure to so comply with appl�able law. Prevalling Wage The sponsor agrees to pay the prevaUing rate M wage to all workers, laborers, or mechaMca employed fn ihe performance of arry part of this cwntrad when required by state law to do so, and to compy wifh the provisions of the Davis-Bacw► Ad, otl�er federal laws and Chapter 39.12 RCW, as amended, and tt�e rules and regulatlona of tl�e DeparhneM of Labor and Industries. Restrietlons on GraM Use No paR of an�r funds provided under Uds graM shall be used, othe� than for normal and recognized executive-IegislaUve relaUonships, for P��Y � DroPe9anda purposes. or fa U�e preparatlon. disMburion. or use M a�r kit. Pamphlet, booklet, PublicaUon. redlo, televisbn, or video presentatlon designed to support or defeat Iegislation pending before the U.S. Cor�gresa or an�r state Iegislature. No paR ot any funds provided unde� tMa grard shall be used to pey the salary or expenses oi any aponsor. a� ag�t acting for such apanaor, related to any acGvity designed to IMluence legislatlon or appropriaUona perMing beTore tl�e U.S. Ca�gresa or arry state legislahire. SECTION 10. ARCHAEOLOGICAI AND CULTURAL RESOURCE8 The real �operty acquired, developed, renovated, or restored through thia graM is subJed to Govemora Executive Order (EO) 05-05 � or c�mpliance with SecGon 108 ot the National Historic PreservaU� Ad conceming tl�e review, anaysfs, ar�d consultatlon with the Washington State DeparbneM of Archaeology and Historic Preservatlon and afteded T►ibes for archaeological and cultural resouroes. The funding board requires documented compiianee with EO 05-05 0► Sectlon 108 of the NaUonal Histo�ic Preservatl� Ad, whichever fs appUcable to the proJed. In Me event that a federal agency dedines to consuft, the sponsot.ahali compy with EO 0�03. The sponsor must canply with EO 05-05 or tl�e National Historic PreservaUon Act before Initlatlng ground disturbing acdvity. RCO will issue a notk;e to proceed (H applicable) when approp�late documeMaUon has � recehred. RCO witl not reimburse tor construcUon related adMty uMil ttre spo�sor demonsUates complianoe. In the eveM that archaeol�l or historic mater�als are discovered during projed actl�, worlc in the location of discovery ar�d imrt�diate viciMty must stop Mstantly, the area m�t be secured, and notiflc�tfon muat be provided to the following: concemed Tribes' cuftural stafl and a�tural cortunilteea, RCO, and the State Department ot Archaeology and Historic PreservaUon. In the eveM that human remefr� are discovered during project adivity, work in U�e IocaUon ot discovery and Immediate vidnity must stop instanUy, the area muat be aecured, and noUflcaUon provided to the conoemed Tribe's cuRural stafl and cuRural committee, RCO, State Departmem ot Archaeology, the coror�r a� local law eniorcement in the most expeditloua manner posaible according to RCW 88.50. SECTION 11. HAZARDOUS SUBSTANCES A. Deflnition. "Hazardoua substance' as deftned in Chapter �0.105D.020 (11) RCW, rt�ans: 1. Any dangerous or extremely hazardous waste as deflned in Chapter 70.105.010(5) and (8) RCW, or any dangerous or extremety hazardous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or arry hazardous substanoe as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) otthe federal Geanup Isw, 42 U.S.C. Sec. 9801(14); LWCF Project Agreement - RCO #08-1257D Rec.�eation Resource Acxount Chapter 79A.25 RCW, Chapter 288 WAC Page 8 of 14 PROJAGR.RPT 4. Petroleum or petroleum products; and 5. Any substance or category of substances, includir�g solfd waste decomposidon products, determined by the dlrector (or director's designeej of the department o/ ecology by rule to present a threat to human health or the environment N reteased into the environrr►ent. 8. The tertn hazardous substance doea not Indude ar�y of the following when contained in an underground atorage tenk irom which �ere is not a release: Crude oil or any iraction thereof or peVoleum, H the tank is in complfance with all applicable tederel, state, ar�d local law. B, Certiflcallon. The sponsor shall inspect, invesNgate, and conduct an environmental audit of the proposed acquisiUon site for the presence of hazardous substances and certify: t. No hazardous subatances were found on the site, w 2. My hazardous substences found have been treated and/or disposed ot in compliance wlth applicable atate and federal laws, end the site deemed °Gean.' C. Responsfbllity. Nothing in tMa provision aftere the sponsor's duties and Babilfties regarding hazardous substancea as set forth in Chapter 70.105D RCW. D. Hold Harmless. The sponsw will defend, protect and hold hartnless RCO and any and aU of Its employees andlor agents, from and against am► a� all Bability, cost (indudirq but not 8mfted to aU costs of defense a� attomeys' tees) arW any and aU loss of any nature from any and aU daims or suNs resulGng from the presenoe of, or the release � threatened release of, hazardoua substarxes on the PropeRY befng ecquired. SECTION 12. RECORDS MAINTENANCE The sponsw shall maintain books, records, documeMS, date and other evidenoe relating to this agreement and performanoe of the services deacribed herein, induding but rrot Iimited to acoourNing prooedures and pradfces which su�CieMy and propery refled ap dired and indired costs oi any nature expended in the performance ot this agreemeM. Spor� shall retain such recoNs tor a period of six years from the date RCO c�oses the project. At no addidonal crost, these records, lnduding materlals genetated under the agreemeM, shail be subject at aA reasonable tlmea to inspectlon, review or audit Dy RCO, personnel duy authorized by RCO, the Oflice ot the State Auditor, and federal and state offldals so auMorized by law, regulaUon or agreement. It arry IftigaUo�, daim or audft is atarted bebre the expiration of the six (8) year period, U�e records shall be retained untll all ItUgaUon, dairr�s, or aiulit flndings involving the records have been resolved. SECTION 1�. PUBLIC RECORD3 Sponsor acknowledges that tl�e tundfng board is subject to chapter 42.58 RCW and that tMa agreemeM ahall be a public record as deNned in d�apter 42.58 RCW. Puddid�apy, in oompUarwe with RCVN 77.8!f.130 (8), sponsor agrees to diaclose amr informatlon in regards to expenditure of a�r Amding received irom the funding board. SECTION 14. ACCESS TO DATA In complianoe wiM chapter 39.29 RCW, fhe aponsa shap provide s�ceae, w1� reqt�eated, to data generated under this agreement to RCO, the Joint LegislaUve AudR and Revfew Committee, and the State AudRor at no additlonal c�ost. This indudes access to eH iniormatlon that supports the flndings, conduslons, and recommendatlona of the sponsor's reports, indudh�g computer models and meu,odaogy ror a,ose rr,odels. SECTION 16. TREATMENT OF A8SET8 A. Asaets shali remafn fn the possessfon ot the sponsor for the duraUai of tl�e proJed or applkable grant program. VVhen the sponsor discontinues use of the asset(s) iw the purpose for vvl�ch k was tlmded. RCO wiU require the sponsa W detiv�et the asset(s) to RCO, diapose of the asset ac�ding to RCO poiidea, or retum tl�e fair market value of Me asset(s) to RCO. Asseta shall be used only for the purpose of this agreemeM, unless othenMse provided herein or approved by RCO in writlng. B. The sponsor shall be responsible for amr losa or damage to assets which results irom the negliger�ce of the sponsor or whlch results from the tailure on the part of the aponsor to mafntain and adminiater that asset in accc�rrdance with sound management practicea. SECTION 18. RIGHT OF INSPEC110N The sponsor shail provide right of access to the project to RCO, or arry of its oflic:ers, a to any oU�er authorized agent or offidal of the state ot Washington or the tederal govemmeM, at atl reasoneble dmes, in order to moMtor and evaluete peAortnanoe, compliance, and/or qualfty assurance under this agreemertt. It a la�ovmer agreett�nt has been executed, it will Nrther stlpulate and deflne the funding boaN and RCO's rigM to inspect and access lands acquired or developed with funding boaM assistanoe. SECTION 17. STEWARDSHIP AND MONiTORIN�i Sponsa agrees to periorm monitoring and stewardship functions as stated in polfcy documents approved by the funding boards or RCO. Sponsor furtF�er agrees to utl�ize, where applicable and flnendally feasible, any monitorfng protocols recommended by the funding board. LWCF Project Agreement - RCO i�08-1257D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Pege 7 d �4 PROJAGR.RPT SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS "Lower tler paRidpants" refer to amr sponsor receiving a federal grant through RCO. Lower der paRldpants also refer to any grantee, subg►antee, or contractor ot any grentee or subgrantee from tt� original sponsor funded Dy RCO. In this sectlon, the spo�sor certifles to RCO that neither they nor their subgrantees are suspended or debarred. Any grantee, subgrantee, a c�tractor of any grantee o► subgrantee from the original sponsor certiflea to the sponsor directy. Fw arry federally funded proJects, sponsors are required to foliow any federel requirementa. Furthertnore any federel funding requirements will be passed on to any other entity to whom the sponsor passes funds (also referred to as a lower Uer paRidpant). The sponsor (prospective lo�r Her particfparri) ceNflea, by signi� this agreemerd, that neither it nor fts prindpafs nor arry ott►er lower tier paNdpants are presently debarted, suapended, proposed tor debartnent, dedared ineligible, or volunta�ily exdu�ied from partidpatlon In thia transaction by ar�y Federal departrnent � agency. The spons� (prospedive IoHrer Uer paNdpar�t) ahall provide immediate written noUoe to RCO H at a�y Ume the prospective lovrrer tier partiapant leama M�at ita certiflcadon was erto�eous when _ submitted or has become erroneous by reason ot changed dreumstances. Shouid the prospective loNrer tier parGdpant enter into a covered transacUon with another peraon at the next lower 8�, U�e sponsor (prospecUve lower tler paRidpaM) agrees by signing this agreemeM that R wfil verlfy that the pe►son with whom it or iffi lower Uer parddpant iMer�a to do business is not exduded or disquaUfled. The sponsor (prospectl�re lowe� Uer partidpar�t) will do this by: A. Checkl� the tederal Exduded Parties Ust System (www.epls.gov) fa UU�at person; or B. Collecting a certificaUon from that pe►son; or C. Adding a dause or condiUon to the covered transaction with tl�at person. The sponsor (prospecUve lo�er der paNcipant) agrees by sigNr�g this agreemeM that ft shall not knawingly enter fnto any laKer Uer covered transacGon with a peraon who is debarred, suspended, dedared ineligib�, or voluMerfly exduded trom parddpaUon in this covered transaction, unlesa autfwdzed by the departrnent a agenq with which thfs transadion orfginated. A parddpaM in a covered transacdon may rey upon a ceNflcatfon of a prospecthie paNcipaM In a lower Uer covered trar�acUon that it fs not debarred, suspended, ir�eligible or volunteriry exduded from the covered transacUon uNess it knows that the ceRHicatlon fs eROneous. SECTION 18. PROJECT FUNDING A. AddiUonal Amoun�. The fundir�g board shall not be obligated to pay any amouM beyo� the dollar amouM as idenUfled in thfa agreemerd, unless an additional amourtt has been approved in advanoe by the fundMg board or director and tncorporated by written amer►dment ir�to thfs agreemeM. B. Betore tl�e Agreement. No expenditure made, w obllgaUon incumed, by the sponsor betore tl�e effedive dete of this agreement shall be eligible for graM funds, in wlwle or in paR, unlesa speciflcaily provided for by funding board pdic,y, such as s waiver of retroacUvily o� program speGfic eligible pre-agreement oosts. The dollar amouMs ideMlfled tn this agreement may be reduoed as neoessary to exdude any such experxJriure irom refmbursemer�t. C. After the period ot perfonnenoe. No expenditune made, or oDligatlon incurred, following the perfod oi pertortnanCe ahali be eligible, in whole or in part, t� graM funds hereunder. In additlon to any remedy U�e fundfng board may have under this agreement, the grarn artwur�ts idenUried in tMa agreement shall be reduced to exdu� any such expendfture from partidpatlon. SECTION 20. PROJECT REIMBUR9EMENTB A. Sponsors may only request reimbursement after eiigiWe and allowable c�sta have already been paid and remitted to ttrefr vendors. g, Compliance and PaymeM. T�e obligatlon oi RCO to pay any anrount(s) under th� agreement is expreasy condidoned on strid complianoe with the tetms of thia egreement by the spo�or. C. Complianoe arM Retainage. RCO reserves the right to wkhhold disbursemeM ot tl�e final ten perceM (10%) ot the total amount oi the grant to the sponsa untll the project has been completed. A proJed is considered "complete" wf�en: 1. All approved or requfred acUvides ouUined tn the agreement are done; 2. On-site signa are in place (N appflcable); 3. A final project report fs submitted to RCO; 4. My oMer required doaimeMs are complete and submitted to RCO; 5. A flnal reimburaert�ent request is submitted to RCO; 8. The completed project has been accepted by RCO; 7. Finai amendments have been proceased; and , 8. Fiscal Uansactions are complete. D. Reimbursement Request Frequency. Sponsors are er�couraged to send RCO a reimbursemeM requeat at least querterly. Sponsas are required to submit a reimbursement request to RCO, at a minimum for each project at teast once a year for reimbursable aciivities occurting beiween Juy 1 and June 30. Sponsors must refer to current RCO polides and procedures regarding reimbursert�nt requirements. LWCF Projed Agreement - RCO #0&12570 Recreation Resource Account Chapter 79A.25 RCW, Chapter 288 WAC Page 8 of 14 PROJAGR.RPT SECTION 21. ADVANCE PAYMENTS Advance payments oi w in anticipatlon of goods or services to be provided under this agreement are Iimited to grants approved by the SRFB and muat comply with SRFB policy. See WAC 42Q12-060 (�. SECTION 22. RECOVERY OF PAYMENTS In the event that the sp�sor fails to expend tunda under this agreement i� accordance with stete and federal laws, ard/or the provislons oi the agreement, RCO reserves the rigM to recover grent award funds in the amouM equivalent to the extent of noncompliance in addition to eny other remediea available at law or in equfly. The sponsor shall reimburse RCO fo► any overpaymerd or ertoneous payments made uruler the agreement. Repaymer�t by the sponsor oi such funda under this recovery provisio� shali ocau wtWn 30 days of demand by RCO. Intereat shall accrue at the rate of twelve per�M (12%) per annum hom the time that payment becomes due and owing. SECTION Z�. COVENANT AOAINST CONTINGENT FEES The sponsor warrartts that no person or selling ageM has been employed or retained to solidt or secxire tt�is agreemeM on an agreemer►t or understanding for a commisaion, perceMage, brokerage a conUngent fee, excepting bona flde employees or bona flde established egents maintained by U�e sponsor tor lhe purpose ot seauing businesa. RCO shaq have the right, in the event of breach ot thia dause by the sp�, to terminate thie agreement without IlabiUty or, in ite dfscreff�, to deduct trom the agreemeM grarri amount or consideraUon or recover by ott�er mea� tl�e full amount ot such comndssla�, perceMage, brolcerage ot contlngeM fee. SECTION 44. PROVISIONS APPLYING TO OEVELOPMENT/RESTORATION PROJECTS The following provisiona ahaq be in force ony if BUie pr�ed described in Ws agreement ia for developmenUrestoratlon of lend or fadUtfes for outdoor recveaGa�, habitat conservaUa�, or satmon recovery: q, DocumeM Review and Approvel. The aponsa agrees to submit one copy M ali developmenf/restoradon � consUuctlon plans and speGflcaUons to RCO tor review. Revfew and approval by RCO will be for c�r►pliance wRh the tertns of this agreemeM. g, Contracta for Devebpment w Restoratlon. Sponsor shall awaM all contracis for c�nstrudion, developmeM or restoration using whatever method is appropriate and required for the spo�sa. �, Cor�tract Change Order. Ony c�hange orders that imped the amouM of Amding or chengea to the acope of the proJect as described to and approved by the funding board or RCO must re�ive prlor written approval. � D. Corrt�ol and Tenure. The sponaor muat provkle documentati� that shows appropriate tenure (tand owner agreement, Icmg ter►n lease agreemeM, easemeM, � fee simpte ow�rship) for the land proposed for development or restoretlon. The dxumentatfon must meet aurent RCO requirementa. E. No�iscrirtdnatfon. Exc�ept where a n�disaiminatbn dause required by a federal Au�ding a��y is used, tt�e spo�sor shall insert tl�e tollowfr�g nondiscriminaUon clause in each contrad tor construcdon ot tFiis project: "Dudny d�e pe�l�om►eircs of thls coMrsd, fhe ca�hactor eg�ees to comply wlth aU f�edeiel and stete nondiscilminatlor► �ews, re9u/etla�s end polkies. ° F. Use M Best ManagemeM PracUces. Project sponsors are �aged to use best management pradfoes developed es pa�t of the Washingta� State Aquatic Habitat Guidelir�s (AHG) Program. The best management pradices are desaibed i� three documents: 'Stream Habitat Reatoratl� GufdeNnes: FM►al DraR', 2004; "Design ot Road CuNerts tor Fish Passage', 2003; and "Integrated Streambank Protedion Guidelines", 200Z. These documenta and other infamatlon can be tound on the AHG websRe. SECTION 26. PROVISIONS APPLYING TO ACAU131TION PROJECTS The following provisions shaU be in toroe only N the proJect descxibed in tMs agreerr�ent is tor the acquisiUo� ot irttereat in real property (includfr�g easemeMe) tor outdoor recreatlon, habitat conservatfon, w salmon recovery puryoses; q, Evidence of Land Value. Before disbursement M funds by RCO as provtded under this agreement, tl�e sponsw agrees to supply evidence to RCO that Me coat of the propeAy rights aoquired has been eatabliahed axording to funding board po0cy. g. Evidence oi Title. The sponsor agrees to show tt� type of oMrt�ership intereat for Me property that has been acqufred. This shatl be done before any payment W finandal assistancc�. �, Legal DescripUon of Real Property Rights Acquired. The legal descxipU� oi the reai propeAy rights purchased wlth fur�ding assista�ce provided through this project agreemeM (and protected by a recarded conveyance ot rigMs to the Stffie ot , Washington) shall be inco►porated into the agreement before final payment. D. Corneyance of Rights to the State M Washington. Docxunent secuting long-term rigMs tor the State of Washir�ton. When real properry rights (both fee stmple and lesser interests) are acquired, the spons� agrees to execute an approp�iate document corneying certain rights and re.sponsibilitles to RCO, on behaN M the State ot WasMngton. These documeMs indude a Deed ot Right, Assignment ot Rights, Easements and Leases. The sponsor agrees to use document language provided by RCO, to recoM the executed docurrreM in the County wt�re �e real property Iles, and to provide a copy of the recorded document to RCO. The docu�nt required will vary depending on the proJect rype, the real propertyr righta being acquired and whether or not those rights are being acquired in perpetuity. IWCF ProJect Agreement - RCO �108-1257D Recreat(on Resource Account Chapter 79A.25 RCW, Chapter 288 WAC Page s ot t4 PROJAGR RPT 1. Deed of Right. The Deed cf Right conveys to the peopie of the state of Washingtw� the rfght to preserve, protect, and/or use the property for pubiic purposes consistent wfth tl�e fund source. Sponsors shall use this documern when acquiring real propeAy rights that Include the underlyfng land. This document may also be applicable for those easements where the sponsor has aoquired a perpetual easement br pubiic purposes. 2. Assignment of Rights. The Assignment of Rights document transfers �rtain rights su� as acxess and enforcement to RCO. Spo�ore shall use tMa daument when an easement a lease is being acqu(red for habitat conservadm� w salmon recovery purposes. The Assignmerrt of Righta requires the signature of ihe u�ehying landowner end must be incorporated by reterenoe in the easement documen� 3. Easements aruf Leas�. The aponaor may incoryorate requfred language irom the Deed of R�M or Assignrt�M ot Rights directly into the easement or lease document, thereby eliminatlng the requiremerrt tor a separate documeM. Lar►guage wiQ depend on tl�e siluation: sponaor must obtain RCO approval on the draft language p�ior to execuUng the easement or lease. E. Real Property AcquisfGon and Relocatlon Aasistance t. When tederal funds are paR of this agreement, the Spons� agre� to oompy with Me tem�s and condidons oi the Uni(ortn RelocaUon Assistanoe and Real Property Acquis(Uon Polides Act oi 1970, 84 Stat. 1894 (1970)--Publk Law 91-648, as amended by the Surfece Tra�portatlon and UniMrtn Relocatlon Assistan� Ad, PL t0a17-1987, and appliceble regulationa and proc�dures ot the federel agency implemenUng diat Act. 2. When state 1�u� are part of thls agreemeM, Me spo�sor, K required by law, agrees to compy witl� the terms and condidons of the UnNorm RelocaUon Asaistance arM Real Property Aoquisitla� Poiic�r of �e State of Washington, Chapter 8.28.010 RCW, and Chapter 488-100 WAC. 3. Housing and Relocaq�. In the event that housh�g and relocatlon oosta, as required by federal law set out in subsection (1) above andl� state law set ait fn subsection (2) above, are irndved in the execuGon of this projec;t, the spons� agrees to provide ar�y housing and relocatfon assister�ce requUed. F. Buildings and Structures. In gene►al, greM furMs are to be used for outdoor recreaUon, habitat co�ervaUon. or salma� recovery. Sponsors agree to remo�re or demolish ir�ligible atrudure8. Sponsora must c�nsuft RCO regarding compliance wNh sectlon 10 - Archaeological and Cutlural Reso�xces before ahucturea are removed or demoliahed. G, Archaeological and Culdual Resauces. The spona� agrees that any real property interests acqufred under this agreement, if to be de�reloped in the future, la subject to sectton 10 (Arc�aeological a� Cuflural Resourcea) prior to ar�y grour►d disturbing activRy. . SECTION 28. REBTRICTION ON CONVERSION OF REAL PROPERTY ANDlOR FACIUTIES TO OTHER USE8 The sponsa shali not at arry tlme conv�t any reai propeAy or fadUty aoquired, developed, and/or rest�ed pursuarn to this agreeme� co uses otr,er than n,ose purposes ror wMd► runas were approvea wlamut prlo� app�ova� a the r�u,d�ng boaro in compllance witn appUcable statutes, ntles, and f�rMing boaN poAdes. It is the InteM ot the tunding board's converafon policy. curreM or as amended in the future, that all real properly or fadlfUes acx�ulred, developed and/or restored wlth fimding �sistance remain in U�e public domain In perpetuity unless otherwise identlfled in tt�e agreemeM or as apprrnred by the Nn�ng board. When a conversion has been detertni�d to have occurred, the sponaor is requlred to remedy the corneraion per established fundir� board polides. A. A conversion ocaua when one or more ot the foqowing has taken plaoe, whetAe� affecBnB an endre site or any pordon of e site tunded Dy ttre funding boarda. 1. Conveyance. PropeAy irKerests are c�nveyed f� purposes irxonsistent with the o�iginal grant request.. 2. Cornreyar�ce to I�ligibfe Third Party. PropeAy intereats are convt�red to a third party rwt oMerHAse eligible to reoefve graMs in tl�e program irom which Iuriding was derived. 3. Non-eligibie Uses. A use occurs that ia inco�isteM wHh the originai graM requesl 4. Non-eligible FadliGea. Non-eUgibie faGlides are developed within the project area. 5. Terminatfon of Public Use. When public uae, as des<xiibed in M�e original graM request, is temporariy or permanently terminated or exduded. g• Ernironmental FuncdMais. For habitat projects, N the propeAy aoquired, restored � enhan�d no longer provldes the ernironmental functions for which turMing board grants were originally approved. LWCF Projec! Agreement - RCO #08-1257D Recreation Resource Account Chapter 79A.25 RCW, Chapter 288 WAC Pa9e to ot ta PROJAGR.RPT g, Changing a project's elements and items. When approved by the fundi� board or direda, ceRain elemeMS and ftems may be deleted from the agreement withoW being cons�ered a conversion. in the foilowing instancea the board may authorize changes without invoking the requiremer�t to replace the elements and ftems. Such deletlons are atbwed when the funding board or director determines that the elements ar�d items are not �d or cannot be retained due to one or more ot the following conditions: 1. Obsolescenoe 2. Extrawdinary vandalism 3. Acts of Nature 4. Designed life expeCtanCy reaChed 5. Fire 8. Permft requirements that disallow spec�liC elemerria 7. Reversion Order (Natione/ Tralls System Ad 8(�, 16 U.S C. § f247(�; WAC 286�27-080(2)). SECTION 27. CONSTRUCTION, OPERATION. USE AND MAINTENANCE OF A3318TED PROJECTS Sponsors must ensure that properties w ladliUes assisted wHh t�a�ding board fimds, induding undeveloped sites. are built, operated, used, and maintafned: A. According to appiicabie fedetal, state, and local laws and regulations, induding pubUc healfh standards ar►d buUding c�des. B. In a reasonaby sate condiG� for the pro�cd's irrtended use. C. Throughout its estlmated life so as to prever�t undue d�erioraHon. D. In compliance with ali federal arM state nondiscximinaation laws. regulatla�s and polides. Facil�ies open to the pubAc mt�t: A. Be constructed and maintained to rt�et or exc�ed fhe miNmum requiremeMs of the most cunent bcal or state codea, Uniform Federal Acxessibiltty Standarda, 9uidelines, or n�es. ir�luding but rat Umited to: the Intematlonal Building Code, tl�e Amedcans with DisabiliUes Act, and tt�e Architectu►al Barrfers Act, as updaGed. B. Appear attractive and inviting to the public except for briet instaUaUon, construcdon, or maiMenanoe perfods. C. Be available for use at reasonab�e hours and Umes oi the year, acoorc6ng to the type of area or fadlily. SECTION 28. INCOME AND INCOAAE USE A. Income. 1. CompaUble souroe. The source oi any income generated in a fimded projed or projecx area must be compadble with tt�e tunding source and the agreement. 2. Fees. User and/ar ofher fees may be charged M oorn�n wiih land aoquired or facilides devebped with f�mding board grar�ts H tt�e fees are consistent wRh Me: (a) Value ot any service(s) fumished; (b) Value of amr opportunit�s fumished; and (c) PreveiUng range oi public fees in the state far the activily invalved. Excepted are Fireartns and Archery Range RecreaUon Program safety dasses (flrearm andlor hunter) for which a faciltty/range fee must rrot be cAarged (Chapter 790.25.210 RCYh. B. income use. Regardless of whether Income a fees in a projed worlc site pndudirg entranoe. uGiity c�� permit. caUle grazing, Umber harvesting, farming, etc.) are gained during or after the reimMusement period ated in fhe agreemeM, unless preduded by state or federal law, the revenue may ony be used to oflset: 1. The sponsor's matc�ing tunds; 2. The proJect's total cost; 3. The expense ot operatlon, maiMenance, stewardsttip, mor�torir►g, andlor repafr oi It►e taalily or program assisted by the funding board grant; q, The expense of operation, maintena►xe, stewa�ip, rtwNtoring, anNor repatr of ott� simHar unib in the sponsor's system; and/or 5. Capital expenses for similar acquisitlon and/a developmeM. SECTION 29. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users ot grant assisted projeds on Me basis of residenae (induding prefiereMial reservatlon, membership, and/or permit systems) except that reasonable diflerences in admissia� and other fees may be mair�tained on the basfs of residence. Even so, the funding board di.scauages Me imposidon ot d'rffereMial fee.a. Fee.s for nonresider�ss must not exceed lwice the fee imposed � residents. Where there is rro fee for residents but a fee is charged to nonresideMs, U�e nonresideM fee shall not exceed the amourit that would be imposed on residents at comparable state or local public facilibes. LWCF Project Agreement - RCO �08-1257D Recxeation Resource Accoimt Chapter 79A.25 RCW, Chapter 288 WAC Pege t 7 0174 PROJAGR.RPT SECTION 30. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFI� SPONSORS A corporate sponsor, induding ar�r nonproflt sponsor, shall: A. Mainteln corpo►ate status Mrid� the state, induding registering with the Washington Secretary oi State's otfloe, throughout the ' sponsors obNgation to the project as idenUfled in the egreemeM. B. Notify RCO pria to corporate dtsaoluUon. Within 30 deys oi diasoluUon the sponsor shall r�eme e quaAfled sucoessor that wip agree �n wrltlng to assume ar�y on-gotng projea respons�bi�itles. A quaufled sucoessor �s amr party e�igible to appy tor iunds in the subJed grant program and capable oi complying wfth the tertns arM condidons of this agreemeM. RCO will process an amendmeM transferting tl� sponaor's obiigation to the qualifled succeasor H requirements are met. C. Sftes a tedlitlea open to the public may not require exdusive use, (e.g., members ony). SECTION 31. LU181UT1f INSURANCE REQUIREMENTS FOR FIREARN� AND ARCHERY RAN(3E 8PONSOR8 A. The sponsor of a flrearma � archery renge recreatlon projea shell procure an endorserr�nt, or other edditlon, W UabilRy insurance R may curreMly carry, or shall prxure a new poficy of ilabiflry insurance, in a total coverage amaiM the sponsot deema adequate to e�ure ff wiq have resourc.es to pay s�cessfu! deims oi pe►sons who may be kiUed or injured, a sufter damage to properly, white preseM at the range tadlity to whit�h this graM is related, or by reason of being in the vidnity of tt�at fedlily; provided that the coverage shall be at least one miAion dollars (51,000,000) br the deafh oi, a inJury to, each persa�. 8• The Ilability insurance poBcy, indudtng arry endorsement � addidon, shall name Washtngton State, the Nnding board, and RCO as additlonat insured and shall be in a torm approved by the funding boarA or direda. C. The policy, endorsemeM or otl�er addidon. a a similar Ilabiltty insuranoe polk,y rtreeUng the requiremeMa ot tMS sectlon, shall be kept in force throughout tt� aponsora obNgad� to the pro�Ct as iderrtifled in Ws agreement. D. The poflcy, as moditfed by arry endorsement or other additlon, shall provide that the (sauing canparry ahall give written notice to RCO not lesa than fhfAy (30) calendar days in advanoe W any cancellatlon of the policy by the ins�s�er, arM within ten (10) calendar days tollowi►�g amr terminadon of the policy by the sponsor. E. The requirement of Subsectlai A through D above ahall nol apphr N the aponsor Is a federal, state, a mimidpal govemmerK which has established a program of selt-insuranoe or a pdicy oi selt-inaurance with respect to daims arising irom its fadltties or activities ge�raly, induding such fadiitles as fi�arrt� � archery ranges, when the applicant dedares and describes that program or policy as a paR oi (ts appltcaUon to the f�u�d(ng board. F• By this requiremeM, tt�e fundh�g board and RCO does rrot assume any duty to ar�r individual person with respect to death, ir�ury, or damage to property whfcfi that person may suHer whtle present at, or in the vid�dty oi, the facc;ility to which this graM reletes. Arry such person, or amr � persa� making daims based on such death. injury, or damage, m�t look to tl�e sporreor, a othera, for any and aU remediea that may be availa�e by tew. SECTION �2. REQUIREMENT9 OF THE NATIONAL PARK SERVICE It Ure proJect has been approved by the National Park Servioe, U3 DepartrneM ot the Interfor, for funding assistancc� from Me federal Land and Water ConservaGon Fur►d (LWCF7, the "Project Agreement General Provisla�s' in the LWCF State Assfstarroe Program Federal Finandal Assistanoe Marwal are also made part of 1Ms agreemeM. The sponsor ahall abide by these LW'CF General Provisions as they now exist or are hereafter amended. Furtt�r, the aponsor egrees to provfde RCO wflh reports or docwmenta needed to meet the requirementa ot tl�e LWCF Generel Provfalons. SECTION 33. FARMLAND PRESERVATION ACCOUNT For proJects funded duough the Washington WIIdOfe and Recreatlon Program Farmland Preservadon Account. the tollowirp sectlons vWll �t apply ff covered separatey in a recorded RCO approved Agr�ultural Conservatlon Easement. • Sectlon 8- Acknowledgement arxl Signs, • SecUon 11 - Hazerdous 3ubstences, • Sectfon 17 - StewaMship and Monito�ir�g • Secdon 28 - ResMctlon on Co�versia� ot Real Property and/or Fadlides to Other Uses, and • Section 2S - Provislons Applying to Acquismon Projeds Sub-sections D, E, F and (3. SECTION 34. OROER OF PRECEDENCE This agreert�M is entered fnto, �wrsuant to, and under tl�e authoriy grarned Dy epplicabte federal and stete laws. The provislons of tt� agreement shall be construed to conform to those lews. In tAe eveM of an i�nsistency in the terms ot this agreement, or beM�een its terms and any appiicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving preceder� in the following order. A• Applicable federal and/or state statutes, regulaUons, polid� and procedures induding RCO/fundi� board policies and procedures, applicable federal OHice oi ManagemeM and Budget (OMB) dreulars a�d federal and state exec�tive o►ders; B• Project agreement inGuding ariachments; C. Special Conditior�s; �• Standard Terms and Conditions of the Pro)ect Agreement. LWCF Projed Agreement - RCO #08-12570 Recreatfon Resource Account Chapter 79A.25 RCW, Chapter 288 WAC Pape t2 or ta PROJAGR.RPT SECTION 36. AMENDMENTS This agreement may be amended by mutual agreerr�nt oi U�e parties only. Such amendmerds shall not be bindirig unless they are in wriUng and signed by pe►sonnel authorized to bind each of ihe pardes. Period oi peAortnanoe extenalons arW minor scope adjustmenb need ony be signed by RCO's director or designee. SECTION 38. LIMITATION OF AUTHORITY Only RCO � RCO's delegate by wridng (delegaUon to be ma� prior to actlon) shall have the express, implied, or apparent autlroriy to aRer, amend, modify, or waNe any clause or condiUon ot this agreeme�t. FuMertnore, any aReratlon, amendmeM, modiflcaUon, a waiver oi any dause or condilion ot this agreemeM is rrot effective or binding unless made in writlng and sigr�ed by RCO. SECTION 37. WANER OF DEFAULT Waiver of ar�r default shell not be deerned to be a weiver at any subsequerd detauft. Waiver w breach of any provision oi tl�e agreemeM shail not be deemed to be a wahrer ot arry other or subsequent breach and shaq not be construed to be a rtrodNicatlon oi the terms ot the agreement unlesa stated to be such in w►itlng, signed by the direator, ar !he diredors designee, ar�d attached to the original agreemerd. ' SECTION 38. APPUCATION REPRESENTATIONS — NpSREPRESENTATIONS OR INACCURACY OR BREACH The funding boaM and RCO rey on U�e sponsor's appiicadon in making its detemdr�Uons as to elfgibUily for, selecUon for, and scope of, funding grants. My misrepreseMadon, erra or inacaracy in any part M the applicadon may be deemed a breach of thia agreertrer�t. SECTION S8. TERMINATION AND OTHER REMEDIES The funding board and RCO wNl require strict compiianoe by tl�e sponsor with all the terma of tMs agreemeM Ind�ing, but not Iimited to, the requirements of d�e applicable statutes, nrles and all f�uMing board and RCO pdides, arM wNh Me representaUons of the sponsor in its appiicaUon for a graM as flnaly approved by Ure funding board. The funding board or the diredor may suspend or terminate tl�e obligaUon to provide fiu�ding to the sponsor under this agreement: A. In the event oi arryr breach by the sponsor ot arry W the sponsars obligatlorre under this agreemeM; a B• If tt►e sponsor fails to make progress satlsfactory to tl�e t�u�dU�g board or director twvard completlon of U�e projed by tt�e completfon date set out in Ws agreemerri. Induded In progr�a is adherence to milesbnes and ot� deflned deadlines. In the event this agreemerd is temdnated by the fundir►g board or direc:tor, under Ws seaUon or arry other secdon aft� amr portlon ot the graM amouM has been paid to the sponsor under Mfs agreement, the fimding boaid or director may require that any amount paid be repaid to RCO tor redepostt into the account irom which ttie h�n� were derived. The funding board and RCO may enforce this agreemerrt by the ►emedY ot spedfic PeAortnance. which usualty wfU mean compleUon of the projact as desaibed in � agreert�M. However, the remedy oi speaRc pe�fortr�ar�e shall not be the sole or exdusive remedy available to RCO. No remedy available to the funding board or RCO shap be deemed exdusive. The tunding board or RCO may eled to exercise any, a c�mbinaUon ot, or alt M the remedies evailable to it wider this agreeme�t, or under arry provision ot law, common law, or equfly. SECTION 40. NON-AVAILABILITY OF FUNDS I( amourKs sutNcient to fund U►e grant made under this agreement are not appropAated by the Washington State Legislature, or H such funds are not allocated by the Washington State Oifioe ot Finandad ManagemeM (OFM) b RCO for expendihue for this agreertieM in any blenMal flscal period, RCO shall not be obligated to pay any remaining unpaid pordon of tlUs �aM unless a� uMil the rrecessary action by the Legislature � OFM ocwrs. If RCO paNdpaUan is suspended under this sectlon for a condnuo� period of one year, RCO's obligadon to provide arry future funding under tlds agreemeM shaq terminate. Terminatlon oi Me agreement under this secUon ia not subject to appeal by fhe spo�sor. SECTION 41. TERMINATION FOR CONVENIENCE Except as otherwi� provided in tAis agreemeM, RCO may, by ten (10) days wrilten noUce, beginni� on the second day after the mailing, terminate this agreemeM, in whole or in part. Ii this agreert�ent is so terminated, RCO shall be Iiable ony for paymeM requlred under the terms of this agreemeM tor services rendered or goods delivered prfor to the effecUve date of tertninaUon. LWCF ProJect Agreement - RCO #0&1287D Recreation Resource Account Chapter 79A.25 RCW, Chapter 288 WAC Page 13 of 14 PROJAGR.RPT SECTION 42. DISPUTE HEARING E�ccept as may othervvise be provided in this agreement, when a diapute arises between the sponsor end the funding board, which cannot be resoNed, either party may request a dfspute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in wriNng and dearly state: A The disputed issues; . B. The relative posttions of the pardes; C. The aponsor's name, address, project title, and the assigned project number. In order for thfs section to apply to the resolution ot any apedflc dispute or disputes, the other party must agree in writlrg that Me procedure under this sectfon sheii be used to resoNe those spec�lic Iasues. The dispute shall be heard by a panel of three persons consfstlng ot a�e pe�son chosen by the spo�sor. one person chosen by the directa, and a third peracm chosen by the Mro persons inftialy appoiMed. If a third person cannot be agreed on, the third person shali be chosen by Me funding board's chair. My hearing under this secUon shall be informat, with the speciflc prooestes to be determir�ed by the disputes panel axording to the nature and �mplexiy of the issues involved. The process may be solely based on written material H the parties so agree. The disputes par�l shall be governed by the p►ovisions of this agreement in deddi� the disputes. The parties shall be bound by the decisfon ot Me disputes panel, uniess tt� remedy directed by that panel ahap De wiBrout the authority ot either or both partl� to perform, as neceasary, or is otherwise uMawful. Request tor a disputea hearing under this secUon by either party ahall be deUvered or mafled to the ott�er party. The req�st shall be delivered or mailed withfn thirty (30) days oi the dete U�e requestlng party has reoehred �otloe o( the actlon or position oi the othet parry which it wishes to dispute. The written agreemertt to use the prooesa urWer Ws sedion tor resolWon oi those fssues shall be delivered or meiled bY ��9 De�Y �� fe4��9 PeAY within thfAY (3� days W receipt by U�e recelving party oi the request. All �sta assoctaced with the implementadon of thia process shaa be ahared equaliy by the partles. SECTION 43. ATTORNEYS' FEES in the event of IitigaU� or other actia� brougM to eMorce coMrad tem�s, each party agrees to bear its own attomey fees and costs. SECTION 44. (iOVERNING LAWIVENUE This agreement shali be oonstrued and interpreted in accordance with the laws oi the State M Weshington. In the eveM of a lawsuft tnvolving this agreemeM. venue ahatl be proper oNy in Th�usta� County Superior CouR. The sponso►. by enecudai of tMs agreemeM acknowledgea the jurisdk�ion oi U�e c�urts oi the State of Weahington. In the cases where thfs agreemeM ia betwee� the Uu�ding board and a federa8y recognized Indlan Tribe, the foitowing govemir�g law/venue appiles: A• The State ot Washingta► agrees that it shaU initlate er�y lews�di agatnat a federally recAgnized Indian Tribe arising out ot or relaUng to the performanoe, breach or enforcement ot tl�is agreemeM in Federal Cwut. Interpretadon shall be according to U�e Iaw ot the State oi Washingtai. In the ever�t that U�e Federal Court detemdnes That tt ladca subjed matter jurisdictlon to r�olve the dispute between the State and Tdbal Parly, then the paNes agree to venue in Thursta� County Superi� Court, but tt�e parties agree lhat die matt� shaU not be pursued in supe�ior cowt unlesa the�e fs a Federal CouR determinatlon that ft ladcs subjec� matter jurisdidion. B. Any juciidel award. detemdnatl�. orde►. decree or other reliet, whefher in law a equity or otherwise� resultlng trom tt�e acdon shap be binding and enforoeable on Me partl�. Any money JudgmeM a award against a T�1be, tribal oflicera and members, � the State oi Washington and ita oflicers and employees may exceed U�e amouM provided for in Sectlon F- Project Fundf� ot the AgreemeM in �der to satisfy tlte judgmeM. C. The T�ibe hereby waives its soverefgn imrrwnity as necessery to gNe effect to this sec�ion. and to the ImplemeMadon oi arry judgmeM. This wahrer is a�y fa� the beneflt of the Tribe arM Stete and shap not be enforc�abie by amr UUrd party or by ar�y assigr�e or delegate of the parttes. In any enfacem�t actlo�, the paNes shall bear their own eMorcement costs, induding attomeys' t�ees. SECTION 46. SEVERABIL.ITY The provisiona ot this agreemer►t are intended to be severable. Ii ar�l temi or provision ie fllegal or invalid for ar�r reason whatsoever, such illegalihr or irnaildit�r shaU not aifect the validity ot the remainder of the agreemenf. LWCF ProJect Agreement - RCO �08-1257D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page ta oi t4 PROJAGR.RPT Land and Water Conservation Program .Post-Evaluation Project Summary mLE: Lions Park Water/ront Enhancement NUAABER: 0&1257D (Development) STATUS: Diredor Approved SPONSOR: Bremerton Parks 8 Rec Dept EVALUATION SCORE: 40.4000 BOARD RANKING: COSTS: SPON30R MATCH: Land and Water Conservation $500,000 2996 Appropriation \ Cash Local $1,200,000 7196 GraM - State Total $1,700,000 ' 10096 DESCRIPTION: Lions Pa�ic is an 1970's�ra urban wateriront park located along 1,950 feet of Puget Sound shoreline within the City of Bremerton. The projed scope indudes renovation of the park's recx�eational ammenitities induding: a playfield, playground, restrooms, plaza/terraoe, trails and pathways, signs, parking and utilities. In addition, the scope indudes restoraUon of the shoreline habitat which will provide improved water quality for recneational swimmers and boaters, and provide o�n green spaoe along the waterfront for walkers and other passive-use recreation. Site development will utilize low-impact development techniques such as porous paving, greenroofs, and rain gardens. LOCATION INFORMATION: Located in Kitsap County in the City of Bremerton COUNTY: Kitsap SCOPE (ELEMENTS): Archltedural8� Engineering Permits Signing landscaping Playground Site P�paration Park Amenities Restrooms Trails Par1c Fumiture Sales Tax Utilfies Parking Shelters ANTICIPATED ACREA(3E: Acres To Aqes To Acres To ACREAGE TYPE 8e Aoquired Be Dev/Restored Be Renovated Tidelands 3 Uplands 18.00 FISCAL YEAR: 2009 DATE PwNTEG: August 25, 2009 7PAPSUMI RPT Lions Park Waterhont EnhancemeM Eligible Refmbursement Activities Report Project Sponsor. Bremerton Parks 8 Rec Dept ProJect Number. 08-1257 D Project Title: lions Park Waterfront Enhanoement Approval: 6/8/2009 Development ftems: Workske Element Item Unit QuanNty Descriptlon #1, Lbna Park WeteArant Enhenceme ArcAttecxural 8 Engirreerinp A 8 E devebpmerrt Lump Sum 1.00 �t, l'ans Perk Waterhont Enhanceme landscapinp Orass - hydro seed Aaes 2.20 Eco-twf (lerm elt aeed mixlure requfring lesa vvaterMertU �1, Lbns Perk WateAront Enhenceme lsndecepinp Habf�t enharxert�ent Lump sum 1.00 ShoreUne Restaratlan PIaMMp 8 8each Enhencement 01, Lbns Pffik WateifroM Enharxeme Lendacapinp Irripetla� - autarretic for shn Sq Ft �3,500.00 p1, Lions Perk Waterhont Enhanceme Landaeapinp irtlgedon - autornetic tor huf Acres 2.00 p1, Liorre Park VYateAront Enher� l-a�dacapfn9 �a�9 -� Lump aum 1.00 Green Roof on Reatroorr�Meintenar�ce Building A1, Lions PeAc WaterfroM Enhencertie lendacapirq Top aoil/rtwld� Yds 800.00 Muld1- 2" deep qt. Lbns Perk Waterfront Enherx�lle �a�8 Top aoNlmuk;h Yde Z.280.00 Topeoll -17' deep 01. Lbna Perk Waterfront Enherx�me La�pin0 1'roealshn�bs Lurr� sum 7.00 /1 � Lions Park Waterhont EnhenCemB Pmk Art�eniUee Plara/EertBCe Sq Ft �,088.00 CommurdtY 8��9 a� oomprieed of P�+s Pe��9 e� P� #1, Lbns Park Waterha�t Enhanceme Perk FumiWre Benches Each 12.00 Pawder-coated Metal 01. Lb� Perk Waterhont Enhaxeme P�Ic Furt�iture Bike radca Each 2.00 01 � Lbns Park WateAront Enheneeme Perk FumiGue Drinkinp fouMain Each 3.00 Free Standblp Drinkinq Fountein #1, Lions Park WeteArw►t EMe� PaAt F�mniWre TaWse Ead1 15.00 Powder eoeted� Welded wire A1, lbrre Perk Waterfront EMter�ceme Perk Fumilure Traah reo� Each 12.00 Powder coated, VNalded wMe IN � Lbna Park VYateAraN Enhanceme P�9 Perkl�0 -�� Spaoes 80.00 4 Aaceadbie Speoes. Pervious AaphaM ar Conaete Pev�nent w � #1, Lions Park WaterftoM Enharxeme PeAdn9 S�P�O Lump aum 1.00 p1, Lbns Park WateAroM EManoeme Pe��O �ee� � Eed► 90.00 9' Lotp 111, Lbna PaAc Weterfrari EM�anceme P� Permib Lump sum 1.00 Building Parmks, Gradbig, ShorMins Exemptlon #1. lbns Parlc WateArant Enhenoeme P� Play equlpment Lump sum 1.00 Em�ironmental themed playground for ages 2-5 �d S12 Mt, Lfa�e P�Ic WaterfrorH Enher�certle P�eY9�d PlaYyio�uM surlednp Sq Ft 17,000.00 Engbreered Wood Fiber A1, Lbns Pmk VVateAronl Enher�certie ResVooms Ftueh Eech 1.00 Double Flush 01, Lbns Park WateAtari Enhanceme Restrooms ResUOan wNh atore0e Eech 1.00 WNh Green Roof •1. L�s Park Waterhont EMarxsme Selae Ten Selss Ta�c Lump Sum 1.00 01, Lbne Park WetertroM Enhanceme SI�eMers Pknie Ead► 1.00 500 st qt, Liare Perk Weterfrorn Enher�certie SlpNnp Genaal perk sipna Lump sum 3.00 Park Er►by Sipna p1 � Lions Park Weterfra�t EnhanCeme SfgMnB �� 8� Eech 2.00 IMeryretive si9nage on ShoreOne Habitat 8 AAerine V1Aldlife �pt, Lia�s Perk Waterhart Enhanceme Signi� Rules ard regulatlons Lump sum 3.00 A1, Lions Perk WeteAront Enhanceme Sipning TrefflNdirectlonal signs Lump sum 4.� i11, Lbna Perk WateAront Enhar�ceme Site Preparatlan Demolition Lump sum 1.00 R�novel of AsphaR ' Concrete PavemeM, Haulinp, 8 Dfsposel 01, Lions Park Waterfrait EMarxeme Site Preparedon Erosbn control Lump sum 1.00 Temporary S(R Fence, Inlet Protectlon, Olher TESC M1, Liona Park Waterfrart Enhar�ceme Site Preperetion Fiq Cubb Yds 1,700.00 Improve Drainage at Open Play Area ilt, Liorre Park Waterfront Enhanceme Site PreparaHon Gradh�p Acres 3.00 ELIGREIM.RPT AUguSt 25, 2009 Pepe: 1 Eliglble Relmbursement Activities Report p1, Uona Patk WaterfroM Enhancema Site Preparatla� Gtubbinp Acres 2.20 Remove exisUng weada, p1, lions Park WateAront Enhencert�e Site PrePereUon MobiUzatlan 9►esees and invasives Lump sum 1.00 01, Uorq Park Waterfront Enhanceme Site Preparatian Surveyinp Lump sum 1.00 i�1, Lbna Perk Weter/roM Enhenceme Trails TraUs - asphaMlc caxrece l� Unear Ft 2.050.00 8' wide Parous Material, 3' deep, with Subbese AAeEeliel p1. Uona Perk WateAront Enhanceme Utilides Blo flltrada� - drainape awep Lump sum 1.00 Slaale to fllCer watet han Exiatln9 Penbus Perldng Cot p1, Lia�s Perk WateAront Enhanceme UtUWea Power � U�ar Ft 500.00 #t, lima Perk Wat�hont Enhancertie UtiHdea Senitmy aewer Llnear Ft 300.00 q1, lbns Park Waterhvnt Enhanceme Utllities �� -� Lump sum �.Op �ge p�� M1, Liona Partc WateArant Enherxeme UU1iUes yy� p�p d� E � 1. � IH, llom Park Waterhad Enhanceme Utilitles Water rr� Lurtg� sum 1.00 1.S" WaEer Meter and Meler Upprede EL�GREIM.RPT AuguSt 25, 2009 Page: 2 UATE SUBM,ITTED: October i2'�' , 2009 AGENDA BILL � CITY OF BREMERTON CITY COUNCIL . ....................................................................................... SUBJECT: Public Hearing on Parking Committee Meeting Date: October 28` 2009 Agreement with Kitsap Community COUNCIL MEETING Date: November 4` � i8��oa� Resources for property at Smith School.. Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: Kitsap Community Resources operates Head Start, Child Development and Veterans Assistance programs at the former Smith School Building. Off-street parking for participants is in short supply leading to overflow parking and congestion on Elizabeth and Park Avenues. The attached agreement allows KCR to make use of an abandoned city owned tennis court located east of the Smith School building to provide approximately 12 additional parking spaces for program clients. In return for use of the property KCR will assume responsibility for the day to day landscape maintenance of Smith School neighborhood park. This item was unanimously recommended by the Park Board at their August meeting. The Park Protection Act requires 2 public hearings to be held when considering the lease or sale of park property. ATTACHMENTS: 1) KCR Request Letter 2) Agreement 3) Site Photograph FISCAL IMPACTS (Include Budgeted Amount): Anticipated M and O savings of $2,500 annually , \ APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ��' ��z�� COMMITTEE CHAIR � � COUNCIL PRESIDENT: . �, �-- L `;� CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING$ C�' RECOMMENDED MOTION: No Action at First Public Hearing on November 4` Motion for 2" Public Hearing: I move to authorize the Mayor to enter into the Smith School parking agreement with Kitsap Community Resources and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action LEASE AGREEMENT This Lease is entered into on the date fully executed below by and between THE CITY OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to as "Lessor" or "City"), and KITSAP COMMUNITY RESOURCES, (hereinafter referred to as "Lessee"). RECITALS WHEREAS, the City now owns certain land which Lessee wishes to use for additional customer parking for its business; and WHEREAS, it is the parties' desire to enter into a five (5) year lease with two options to extend upon mutual consent of the parties, NOW, THEREFORE, the City and Lessee agree as follows: 1. PROPERTY. - (a) Property Defined. The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (hereinafter the "Property"). (b) Survey, Maps, and Plans. Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. (c) Inspection. The City makes no representation regarding the condition of the Property, or the improvements located on the Property. 2. USE. (a) Permitted Use. Lessee shall have the right to maintain and use the Property for parking for its business and for no other business or purpose, without the prior written consent of the City. However, Lessee shall be required to obtain approval from the appropriate City departments, including, but not limited to the Department of Community Development and the Department of Public Works, prior to using the property for parking. The Property shall not be used for illegal purposes. It is a�reed that this Lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. (b) Restrictions on Use. Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling activity to occur on the Property without required permits. This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, 1 biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's use and except as otherwise approved in writing by the City. If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Lessee's liability under Section 8, below. The covenants contained in Section 2(b) shall survive expiration or termination of this Lease. (c) Conformance with Laws. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. (d) Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. (a) Term Defined. The term of this Lease is five (5) years (the "Term"), beginning on the day of 2009 (the "Commencement Date"), and ending on the day of 2014 (the "Termination Date"), unless terminated sooner under the terms of this Lease. However, this lease may be extended for up to (2) additional five (5) year terms, but only upon mutual consent of the parties. �(b) End of Term. Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on the Commencement Date, reasonable wear and tear excepted. (c) Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on teims identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law. 4. LEASE PAYMENT. (a) , During the term of this Lease, Lessee agrees that in exchange for the benefit of this lease and as payment for this lease, the Lessee shall maintain the property commonly known as the Smith School Neighborhood Park (Smith Field) (identified in Exhibit A) during the pendency of this lease. Maintenance requirements for Smith Field shall be � i established by the City as identified in Exhibit B. Maintenance shall exclude upkeep of any play�round equipment located at Smith Field. 5. IMPROVEMENTS. � (a) Lessee-Owned Improvements. So long as this Lease remains in effect, Lessee shail retain ownership of all Existing Improvements and all authorized improvements it may place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined in Subsection 5(d) below. No I,essee-Owned Improvements shall be placed on the Property without the City's prior written consent. (b) Construction. Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Lessee- Owned), Lessee shall submit to the City plans and specifications which describe the proposed � activity. Construction or any alteration shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days. Upon completion of construction or alteration, Lessee shall promptly provide the City with as-built plans and specifications. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. (c) Removal. Unless otherwise agreed by the City in writing, Lessee-Owned Improvements shall not be removed by Lessee during the Lease term or upon expiration or termination of this Lease and upon expiration or termination of this Lease, shall become the property of the City without payment by the City. (d) Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 5(b) or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, reQuire Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal. (e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free from any liens arising out of any work performed, materials furnished, or obligations incurred by I,essee. 3 6. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease- producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Property. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by L,essee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Property occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 7. ASSIGNMENT AND SUBLETTING. (a) City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City. . 8. INDENINITY. (a) The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property and caused by or resulting from any act or omission tiy Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Lessee's use and occupancy of said Property. The foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor. (b) Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of ' Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS I i I ( i i INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 8 shall survive the expiration or termination of this Lease. 9. INSURANCE. (a) General Commercial Liability Insurance. I,essee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor. The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor. (b) Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease. (c) Subrogation. The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 10. MAINTENANCE AND REPAIR. (a) The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. (b) Lessee's Repairs, Alteration, Maintenance and Replacement. (i) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements in good order and repair, in a clean, attractive, and safe condition including maintenance of the parking area, signage, striping and sweeping. (ii) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (iii) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 11. DAMAGE OR DESTRUCTION. (a) In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City. 5 (b) Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property. 12. DEFAULT AND REMEDIES. (a) Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following: (i) Failure to meet the obligations determined to as payment for this lease or other expenses when due; (ii) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (iii) Failure to comply with any other provision of this Lease; (iv) Failure to cure a default pursuant to Section 12(b) below; (v) Lessee vacates or abandons the Property; (vi) Failure to comply with the terms of the Right-of-Way permit set forth in Exhibit B; or (vii) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property. (b) Failure to Cure. A default shall become an event of default ("Event of Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default. Notice of default is not required in the case Lessee vacates or abandons the Property. 13. REMEDIES ON DEFAULT. (a) Termination and Re-entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written notice to Lessee and the Lessor shall have the right to enter upon the Property and re-take possession thereof. (b) Removal of Personal Property. In the event of a retaking of possession of the Property by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Property or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by I Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible ' entry. (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 14. ENTRY BY LESSOR. The City shall have the right to enter the Property at any time to inspect for compliance with the terms of this Lease. The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property. 15. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: Lessor: Director of Parks and Recreation City of Bremerton 345 Sixth Street, Suite 600 Bremerton, Washington 98337 Lessee: A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 16. GENERAL PROVISIONS. Lessor and Lessee agee to the following general provisions: (a) Authority. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. (b) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assigiment, apply to bind the heirs, successors, executors, administrators, and assi�ns of the parties hereto. (c) Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are mer�ed into this Lease. 7 � (d) Modification. No provision of this Lease may be amended. or added to except by a� in writing si�med by the parties hereto or their respective successors in interest. The City shall not be bound by any oral representations or statements. (e) Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. (� Time is of the Essence. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (g) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. (h) AppGcable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. (i) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. (k) Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. �� (1) Quiet Enjoyment. T'he City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease. (m) Recording of Short Form Lease. Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this. Lease, setting forth a description of the Property, the terms of this I Lease and other provisions hereof, except the rental and other provisions as either party may � request, which may be recorded. � (n) Paragraph Headings. The paragraph or section headings of this Lease ; are not a part of this Lease and shall have no effect upon the construction or interpretation of any � part hereof. � (o) Duplicate Originals. This Lease Agreement may be executed in duplicate ' originals. I � � IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the ; last sigiature below. i ti � ( � i � I i ; i; f CITY OF BRENIERTON KITSAP COMMUNITY RESOURCES By: Cary Bozeman By: Its: Mayor Its: Date: Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney [Notaries are on next pageJ 9 � STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2007. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as of the Clazemont East Retirement Apartments, Inc. to be the free and voluntary act of said corporation for the uses and purposes mentioned in the instrument. i WITNESSETH my hand and seal this day of , 2007. i i , � � NOTARY PUBLIC in and for the State of j Washington, residing at j My commission expires / / I i ; � � R:\LegallLegal\FormslReal Estate\LeaseslKCCR-SmithField.doc I � � i i i i � � � 1 � Exhibit A The North 93.6 feet of the East 70 feet of Lot 7, Tract 1 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southeast quarter of the northeast quarter of Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington. Consisting of 6,552 square feet. Lega! Descripcion for Parking Lease — Smith Schoo! EXHIBIT B Smith Playfield Grounds Maintenance Duties 1) Litter control 2) Mowing and Trimming of turf areas 3) Irrigation adjustments and minor inigation repair as needed 4) Removal of leaves and wind blown debris from walkways and playing surfaces as needed. 5) Minor pruning of trees, shrubs as needed for public safety and plant health The City of Bremerton shall continue to inspect and maintain the play equipment located in the park's children's play area. 11 ��r�•r:.��a �.�,�. �i x `3� `� � KITSAP COMMUNITY :�: � �� i�P".:i'P, �'3.'u'r;'�; .44 �'t??..:1� A Community Action Partnership. Helping people. Changing liues. Bremerton Parks and Recreation Commission June 22, 2009 c/o Wyn Birkenthal; Director Bremerton Parks and Recreation Dear Bremerton Parks and Recreation Commission, Kitsap Community Resources would like to request that our organization be allowed to develop and use the northeast portion of the Smith playfield for additional parking. It is , mostly paved, was once a basketball area but is now in disrepair and basically unused. 10 years ago the City sold the old Smitll School, including the childcare wing and pazking near the building, to Kitsap Community Resources. We had rented the buildings from the City for the previous 20 years. All of our services at the building are for low-income and neighborhood households. These include Head Start Child Development and Childcaze, Veterans Assistance, parenting education classes, energy assistance and weatherization services, Kitsap Childcare Center and services for homeless families. We share the parking on the East side of the playfield with playfield visitors. � Often throughout the yeaz, the parking lot overflows with KCR consumers. Pazking then overflows onto the streets and causes congestion. T'his particulazly impacts parents with young children, the elderly and those who are disabled. We believe that some participants do not come in for needed services when there is no available pazking. Were we granted the opportunity, we would use the requested area for added parking. We believe that up to 12 additional pazking places could be added to meet the need throughout the year, but particulazly during the high-demand t'imes. We would develop it to meet City standazds and would maintain the azea in the same way that we now do with thc current parking areas. We would be happy to provide any further information about the request. I can be reached at 473-2013. Sincerely, � e� � � I.arry Eyer Executive Director 845 Sth Street Bremerton, WA 98337-1517 United Way •� ��5)�,1y, 360-478-2301 • Fax 360-415-2706 Comcast �Kitsap www.kcr.org N��+ of Kitsap County k�� % �� ---. '� n�oHrrr �-.r�-. -��. .-._, � ---�^��_' , -� �` -� ,r ,�,�-�.-.,-...-� N o t e : � Nn,u aJ 6rarin4s NaD BJis� �-�- ! � � �-.' - 'C(,`� & ^�\ SCI LEtip y rACK pr 20' SGUaRE CGVChEtE lOt �. �, �• y�iri arin�r�ui�: wni� oa w or �r+�o i'��,: legel ae:scnplion, on tt�� surve . � u � /�.\--------------- - � ,� 1 l / , o�i;wing SuD?,Cedc o��,, rep�OCe !nr Ic:y� ' °� :� � o� � dcscripl�or�:: conto�n boundo�y Im� ed or. � � _ _ _ � � -' - �� - - �� , . , ad�us;menl rec�,rded unde� Kits��p ..,.. 'PA K AVENUE 'STREET ^ ( �� .. ."-' ( ' F�I<. f.urnhc�r :O�i�17190? I� ; ; ^ S �� -' •�- =•• •�� 'or� 4�_r �,n; ` '� ' ; r % r' ' ' ' J`:JNi ��T ��:.u; _ 1 ! � ` _ : „- - f - - - - -' " ... , r' �'! Pr�c==Rrr _ NtJ , T � ��% \ � _ - - " �� N.T.S. ,% `-.� N.T.S. � °� i \_✓`�._� 8asi:�; yA515) (. 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I ` I � � � I �,�� •-•- -�--�A m 1:3 Aarw � r, I � � 7� � � O ,` � I i � i � � I �- - j - ----}--�- i-- U --- I --�- --f--- -F--� �---� -11� o � s oo' �' I} i--- �� I � I � I I � ' � g. -' -- -17176--- � � �, 1� 2 39' I a (� ��'� �� I� � I� I I � tXISTING MON f, � _. . .__ __. .._ _.,..XSiNG ' �i tN CASE, SC� OCTOdEH 19�' y H �• - • -�- vISITED S[P7LMBER 2000 � ' _ _ _ - _ — F8 1174/19 - - '— - - - - '- -� _ _ ' _ . � , S o� oo'�C�"� w 665. 17 E IZABET �;,� I/ENUE � R/CAP SE I 1 5' R CAP SE7 I S' � O 1`� FROM BACK OF WALK ��c�� ryti� � Z ,�p� � 0{ _.- O O a O p � ' GD � , PN , Index Map Legend: References: o •- ,S/4'� Iron p�pe and loi gtake set (6) i Plot o( Worren Srn�th's �c:re irocts as �ecorded �n Vol ? ol f'luls, 1'y ', � (Unless otherw�se noted ) -- Property ��nc� surveyed at lhis t�me "J Plat ol Cenlrol Add�t�on to the C�ty o( E3remerton as recorded �n Vol 3 or plafs, Py 10 � -- - Properly I�ne not surveyed at th�s t�me S Undated draw�nq of bwld�nq locat�ons by E Doy (or Sm�th Sct�oo' � 14 W 5 � Plat o+ Worren Sm�th Acre Trocts � 100 scale drow�ny, No 10, Records of C�ty Eny�neer, Bremerton C�rc� i�aSQ � C A= PIa� o� Ce��trnl Add�i�on lo It,e C�ly ol Hremerto�� `� Boundo�y ��ne od�ustme��t recorde� under AFNJ� 200�171a01 /� � � . / FR/q ' � v /�� '� � \� m By pate Sco/e �":�j0� - S�rve,^or a Gertifieote: � � '' ' �� o,z U C/TY OF BREMERTON P R 0 P E R1Y S U RVEY Th�a map �oR�v represente ,�ed �o� ��o�d �h�s � do I�� _ � Surveyed M.G. 9�00 �re 10�2�00 o aurvq made by me or under of February, 2001 at/�oG�•in , , p Orown M.F. 10�00 Orawing Nome �'UBL/C WORKS 6 1/T/LfT/ES 0 F S M IT H SC H 00 L my diroction in conformance with book �t oi Surveys, p it'Z'at �� ENG/IVE!°ItINQOMS/ON LOCATED WITHIN SE 1 4,.NW 1 4 OF SECTION 14, the requirements of tfie Survey the requast ot Cunnar �ridr'iksson \ sa4zi Checked G.F. 10/00 survey � � Recording Act at the request oi County Auditor fie � ' ±s'tE� / g i 10270L1�MP!/SOR/VE TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. the City ot eremaRon in Auditor tee No ��s�m�� '�(, �u10�� sn�� .or� BREMER7IDN, WA. 983lO KITSAP COUNTY, WASHINGTON Fe�ruory ot 2001. Survey Record No.��n'u'°'�°� xpires - 9/Z�/o� � �,r��y .tA��.t�/ Page 1 of 1 Christine Grenier From: Michael Shepherd [whitewaterid@live.com] Sent: Wednesday, October 28, 2009 10:57 AM To: Roger Lubovich; Wyn Birkenthal; City Council; Cecil McConnell; Andrea Spencer Subject: Conversion of City Park to parking lot It is my understanding that a business (Kitsap Community Resources) would like to expand its business operation by using the basketball court in Smith Park on Elizabeth Ave. This is significant change of use and is prohibited by the Parks Protection Program and thus requires a vote of the Council. This park is used by the neighborhood and should not be taken away without due process. Additionally: . this expansion is taking place out in a residential area not in a center . this expansion will bring additional traffic on one of the city's narrowest streets . The comprehensive plan clearly identifies the problems with surface parking and its negative effects on residential areas Mike Shepherd Windows 7: It works the way you want. Learn more. 10/28/2009 UATE SUE3i�t[TTED: (0�?1�09 �� aGE�1DA BtLL C[TY OF BREMERTON C[TY COUNCIL -------------------------� 50 �� ---------------------------------------------------- SUBJECT: Public Hearing an Ordinance Committee Meeting Date: l0/28i09 to adopt the 2009 Comprehensive Plan COUNCIL MEET'ING Date: t V4/09 Acnendment Docket. Department: DCD Presenter: Lindsey Sehmel Phone: 360.473.5845 SUNIMARY: The action before the Council is to conduct a public hearing and the consideration of the 2009 Comprehensive Plan Amendment Docket. The amendment docket contains both comprehensive ptan text and map changes and are summarized as follows: 1) Cartographic updates to the Official Land Use Map, 2) Text update to the City Services Etement and Appendix reflecting new data and information in previously adopted department plans and the adoption the their 2010-2015 Capital Improvement Programs, 3) Text update to the Transportation Element and Appendix referencing the 2007 addition of the Non-Motorized Transportation Plan to the Comprehensive plan and the adoption of the 2010-2015 Transportation Improvement Program, 4) Text update to the City Services Element and Appendix adopting the new 2008 Stormwater Management Plan Update and the 2010-2015 Capital Improvement Plan, 5) Text update to the Transportation Element adopting the new Commute Trip Reduction Program, 6) Land use map change for parcels north of Kitsap Way in the Kitsap Lake Reserve Center. ATTACHMENTS: A) Staff inemorandum describing in detail the 2009 amendment docket B) Proposed Ordinance � p�� Oo� s� FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: . MAYOR: • f��'� - - �' � _a � COMMITTEE CHAIR ' COUNCIL PRESIDENT: `'� ,.� ` �� / CONSENT AGENDA r.',r=- �cr.�`l1r �c_�--.--�-�-e-� . ❑ GENERAL BUSINESS ❑ PUBLIC HEARING ` RECOMNIEYDED MOT[OIY: Move to pass Ordinance No. 5fl9� adopting amendments to the Comprehensive Plan Text and Official Land Use Map. COUNC[L �1CTION: ❑ Approvc ❑ Dcny ❑ Tabic ❑ Continue ❑ No Action ORDINANCE NO. 5�1 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan, as follows: Amend the Land Use Map to reflect cartographic updates; update the City Services Etement and Appendix integrating appticable plans previously adopted and the 20 t 0-2015 Capital Improvement Program; update the Transportation Element and Appendix to reference the Non-Motorized Transportation Plan and inclusion of the 2010-2015 Transportation Improvement Program; amend the City Services Element and Appendix to adopt the new 2008 Stormwater Management Plan Update; amend Transportation Element to adopt the Commute Trip Reduction Program and; change land use designations for a portion of the Kitsap Lake Reserve Center from Neighborhood Business to Limited Commercial. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December l, 2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, and 5082 hereinafter referred to as the "Comprehensive Plan"; and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, consistent with RCW 36.70A.106 the 60-day notice period began on September 1, 2009 when the Washington State Department of Community, Trade, and Economic Development received notification of the Comprehensive Plan Amendment docket for 2009; and WHEREAS, no pub(ic comprehensive plan amendment applications were submitted in the 2009 Comprehensive Plan amendment docket and all amendments are initiated by staff to address changing circumstances relative to land use needs and the need to create consistency between all city planning documents and the Comprehensive Ptan; and WHEREAS, on September 5, 2009 the public was notified by a legat advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and 1 2009 Comp Plan Amendment WHEREAS, on August 31, 2009 a SEPA DNS was issued for amendment docket with an administrative appeal deadline of September 14, 2009 and no appea(s were filed; and WHEREAS, on September 15, 2009 the Planning Commission conducted a public hearing on the 2009 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments with a minor modification; and WHEREAS, on October 24, 2009 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on November 4, 2009 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA); and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission on September 15, 2009 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting docket items 1-6 as follows: Docket Items: 1. Land Use Mao: Amend the Land Use Map (Pg. LU-46) to show cartographic updates, and correct City boundaries, more particularly described in Exhibit B affixed hereto. 2. Citv Services Element & Appendix: Update to the City Services Element and Appendix to reflect previously adopted plans from Parks, Water, and Wastewater and their Capital Improvement Programs, more particularly described in Exhibits C.1 & C.2 affixed hereto. 3. Transaortation Element & Aaaendix: Amend the Transportation Element, with the addition of text referencing the previously adopted 2007 Non-Motorized Transportation Plan, and the addition of the 2010-2015 Capital Improvement Program into the Transportation Appendix, more particularly described in Exhibits D.1 & D.2 affixed hereto. 2 2009 Comp P[an Amendment 4. Inctusion of the Stormwater Mana�ement Plan Uadate: Amend the City Services Element with text updates, reflecting new data and information and adoption of the 2008 Stormwater Management Program Update and the addition of the 2010-2015 Capital Improvement program, more particularly described in Exhibits E.1 & E.2 affixed hereto. 5. Inclusion of the Commute Tria Reduction Proeram: Amend the Transportation Element with text updates adopting the Commute Trip Reduction Program, more particularly described in Exhibit F affixed hereto. 6. Chan�e in Land use Desienallon: Amend designations in the Kitsap Lake Reserve Center from Neighborhood Business (NB) to Limited Commercial (LC) for parcels north of Kitsap Way, more particularly described in Exhibit G affixed hereto. SECTION 3. Severabilitv. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 4. 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 CECIL McCONNELL, Mayor Pro tem 3 2009 Comp Plan Amendment AT'TEST: APPROVED AS T'O FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2009 EFFECTIVE the day of , 2009 ORDINANCE NO. 4 2009 Comp Plan Amendment �``��` �%' �° ' � DEPARTMENT OF � � ---�..`,�`, � � �"_= � r ��; f E i �� ~ �� ! COMMUNITY DEVELOPMENT ; J` � � ; i � /�j�rj� �i i �� ...--- � �'�_ F � f �' ,� __� �-�-�-- �� •� � M E M O RA N D U M �_ ____u � _� .�. , � ;. . .. . � ; . __ �-------- ---_-_--_--�-----�-� Ta Ciiy Counal From: Lir�::ve - ��'ehmel, Pianner I Date: October 21, 2009 Re: 2009 Comprehensive Plan Amendment Dodcet EXECUTIVE SUMMARY Staff and the Planning Commission are pleased to present the proposed 2009 Comprehensive Plan Amendment docket for Council consideration. State and City statutes allow the Comprehensive Pian to be amended a maximum of once per year (not including adoption of Sub Area Plans). Each of the proposed Comprehensive Plan amendments must show consistency with the criteria contained in BMC 20.10.080. The Planning Commission conducted a Public Hearing on U�e amendments and recommends the Council adopt the changes. The Commission has passed findings (See Ordinance Exhibit A) that demonstrates the consistency with the criteria outlined in BMC 20.10.080, and includes poliaes in the Comprehensive Plan to support the proposed changes. The 2009 Docket includes six amendments as follows: DOCKETITEMS 1. City staff proposes to amend the Land Use Map to show cartographic updates corresponding to annexations and the adoption of sub area plans. See Ordinance Exhibit B. The Map Amendments reflected include: Adoption of Manette Sub Area Plan Ordinance No. 5082 Representa�on of Annexed Areas, Ordinance Nos. 5057, 5059, 5083 8� 5084 2. Update to the City Seroices Element and Appendix to make reference to previously adopted plans from Parks, Water, and Wastewater and their Capital Improvement Programs, providing better cross referencing for the goals of the City. See Ordinance Exhibi�s C.181 C.2. 3. Addition of text in tl�e Transportation Element referencing �e previously adopted 2007 Non•Motorized Transportation Plan, and the addition of the 2010-2015 Capital Improvement Program into the Transportation Appendix. See Ordinance Exhibits D.1 S D.2. 4. Text updates to City Senrices Element of the Comprehensive plan to adopt and integrate the 2008 Stormwater Management Plan Update (SWMP) and adoption of the Stom�water Capital Improvement Program. Adoption of the SWMP will bring the City of Bremerton into compliance with the Westem Washington Stormwater requirements. See Ordinance Exhibits E.1— E.2 8 C.1. 5. Text updates to the Transportation Element adopting the Commute Trip Reduction Program. See Ordinance Exhibit F. 6. Amend map designations in the Kitsap Lake Reserve Center from Neighborhood Business (NB) to Limited Commercial (LC) for parcels north of Kitsap Way. See Ordinance Exhibit G Overview: Amend the Land Use Designation on the Official Land Use Map at Kitsap Lake and Kitsap Way. This area is designated a Reseroe Center and was consequently down-zoned during the 2005 Cover to Cover Zoning update with the underlying zoning. Staff believes that this down- zoning was an oversight in the updates to the zoning regulations. � � Historical documents show that the area for proposed land use designa�ons change was designated a Reseroe Center because it is an area that may see significant growth in the period following the current planning horizon. The Comprehensive Plan indicates that this area could be a Neighborhood Center after 2024. A significant pofion of the Reserve Center is designated as light industrial services and has well established large scale businesses at this time. These uses are not currently allowed in Neighborhood Centers. Future growth and analysis is needed prior to removing the Reserve Center designation and determining the proper area for a Neighborhood Center in this region. Staff proposes a land use re-designation for the parcels north of Kitsap way from Neighbofiood Business to Limited Commercial. Prior to the 2004 Comprehensive Plan update land use designation of this area was General Business which is equivalent to the new designation of Limited Commercial. The intent of the Limited Commercial designation is to recognize the community's existing general commercial districts ou�side the designated boundaries of centers on lots zoned general business in the City. Staff proposes to reconcile the zoning in this area to the previous designa6on of Limited Commercial. Records and Minutes from the 2004 update process indicate a Planning Commission, City Council and community preference to not `down zone' commercial parcels within �the comdors of the city. This area was overlooked and down zoned consequently. Since this change in land use, the commercial element of the neighborhood has started to become dilapidated due to current development standards of the Neighbofiood Business zone prohibiting any reinvestment and upgrade of the current uses. The following summarizes what was permitted on the subject property under the old zoning, the current zoning, and what the new proposed zoning would allow. As the reader will see, the proposed zoning is more dosely related to the ioning that was in place prior to the change in 2005. Zoni Com arison Table General Business Zone Nei hborhood Business Zone Limited Commercial Zone (Old Zoning) (Current Zoning) (Proposed Zoning) Devslopment Standards: Development Standards: Development Standards: 5,000 Sq Ft on ground level 15,000 Sq Ft on ground level No max building coverage 85% max building coverage No max building coverage No max deveiopment coverage 85% max development coverage No max development coverage 60' height limit 35' height limit 50' height limit No outdoor storage allowed Intent: intent: Intent: This is Bremerton's primary auta Small scale businesses outside of Recognize community's related, highway-oriented, high• centers 8 corridors that reflect scale existing general commercial intensity retail and service commercial and character of surrounding districts outside designated zone. It is designed primarity for businesses. These NB locations b0undaries of centers on lots locations along arterial streets and support neighbofioods which generally zoned General Business in allows a wide variety of business and lack walkable access to a designated �e City of equivalent in office uses. The City may limit center. The NB zone shall indude uses Couniy on Dec.1, 2004. The driveway access and require such as small groceries, �nvenience landscaped setbacks and other stores, offices, and restaurants LC zone is not intended to be improvements that enhance the Neighbofiood business districts ar�e expanded or applied to new aesthetic and visual qualities, generally limited in size to one (1) acre properfies or areas of the City. increase safety, encourage pedestrian each and are typically comprised of a and transit usage, and help ensure tight cluster of businesses on several compatibility with less intense parcels. adjacent land uses. * 8oth zones are uired to meet eneral arkin landsca and s' n standards. DOCKET CHANGES Planning Commission recommended a change to the City Services Appendix page 36 (Docket Item 2, Exhibit C.2) for the addi6on of a note explaining the numerical differences between the Ciry of Bremerton's future demand numbers and Kitsap County's future demand numbers, this change has been completed and included into your docket. In addifiion, engineering sta� have updated the Transportafion Improvement Program table in E�chilait D.Z and the Wastewater Capital Improvement Program in Exhibit C.2 to reflect funding changes within the 6 year cycle since the Planning Commission public hearing. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan, as follows: Amend the Land Use Map to reflect cartographic updates; update the City Services Element and Appendix integrating applicable plans previously adopted and the 2010-2015 Capital Improvement Program; update the Transportation Element and Appendix to reference the Non-Motorized Transportation Plan and inclusion of the 2010-2015 Transportation Improvement Program; amend the City Services Element and Appendix to adopt the new 2008 Stormwater Management Plan Update; amend Transportation Element to adopt the Commute Trip Reduction Program and; change land use designations for a portion of the Kitsap Lake Reserve Center from Neighborhood Business to Limited Commercial. WHEREAS, the City of Bremerton adopted a Comprehensive PIan on December 1, 2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, and 5082 hereinafter referred to as the "Comprehensive Plan"; and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and , WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, consistent with RCW 36.70A.106 the 60-day notice period began on September 1, 2009 when the Washington State Department of Community, Trade, and Economic Development received notification of the Comprehensive Plan Amendment docket for 2009; and WHEREAS, no public comprehensive plan amendment applications were submitted in the 2009 Comprehensive Plan amendment docket and all amendments are initiated by staff to address changing circumstances relative to land use needs and the need to create consistency between all city planning documents and the Comprehensive Plan; and WHEREAS, on September 5, 2009 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and 1 2009 Comp Plan Amendment WHEREAS, on August 31, 2009 a SEPA DNS was issued for amendment docket with an administrative appeal deadline of September 14, 2009 and no appeals were filed; and WHEREAS, on September 15, 2009 the Planning Commission conducted a public hearing on the 2449 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments with a minor modification; and WHEREAS, on October 24, 2009 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, �on November 4, 2009 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA); and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP). NOW, THEREFORE, TI-iE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTiON 1. The findings and conclusions adopted by the Planning Commission on September 15, 2009 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting docket items 1-6 as follows: Docket Items: 1. Land Use Mau: Amend the Land Use Map (Pg. LU-46) to show cartographic updates, and conect City boundaries, more particulazly described in Exhibit B affixed hereto. 2. Citv Services Element & Aunendiz: Update to the City Services Element and � Appendix to reflect previously adopted plans from Parks, Water, and Wastewater and their Capital Improvement Programs, more particularly described in Eghibits C.1 & C.2 affixed hereto. 3. Tran,_soo ; ation Etement & Aunend�: Amend the Transportation Element, with the addition of text referencing the previously adopted 2007 Non-Motorized Transportation Plan, and the addition of the 2010-2015 Capital Improvement Program into the Transportarion Appendix, more particularly described in Exhibits D.1 & D.2 affixed hereto. 2 2009 Comp Plan Amendment 4. Inclusion of the �Stormwater Ma a� �eme,�n t PIagU, udate: Amend the City Services Element with text updates, reflecting new data and information and adoption of the 2008 Stormwater Management Program Update and the addition of the 2010-2015 Capital Improvement program, more particularly described in Exhibits E.1 & E.2 affixed hereto. 5. Inclusion of the Commute„TriR, Rg�,y,stion ProQram: Amend the Transportation Element with text updates adopting the Commute Trip Reduction Program, more particularly described in Ezhibit F affixed hereto. 6. C_ ha_ �q � in Laqd use DesiQ_ nahon: Amend designarions in the Kitsap Lake Reserve Center from Neighborhood Business (NB) to Limited Commercial (LC) for parcels north of Kitsap Way, more particularly described in Exhibit G affixed hereto. SEC, 3,� Severabilitv. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 4 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 CECIL McCONNELL, Mayor Pro tem 3 2009 Comp Plan Amendment ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2009 EFFECTIVE the day of , 2009 ORDINANCE NO. 4 2009 Comp Plan Amendment Exhibit A FINDINGS AND COMCLUSIOIdS OF THE CITY OF BREMERTON PLANNING COMMISSION 2009 Annual Comprehensive Pian Amendment Docket i. FINDINGS OF FACT 1. Project Description . . . . The City considers Comprehensive Plan amendments annually. The intent of this year's amendment process is to oniy make minor changes and corrections to the Comprehensive PEan. The six changes on the docket are: Adoption of 4fficiai Land Use Map for minor cartographic updates; update City Services Element and Appendix and adopt Capital Improvement Program; update the Transportation Elemen� and Appendix and adopt Transportation Emprovement Program; amend City Service Element and Appendix to adopt the 2008 Stormwater Management Plan Update; amend the Transportation Element to adopt the Commute Trip Reduction Program; official land use map amendment regarding a change in land use designation from Neighborhood Business to Limited Commercial in the Kitsap Lake Reserve Center. 2. Procedural History 2.1 On August 31, 2009 staff notified the Department of Community, Trade and Economic Development of the intent to adopt amendments ta the Comprehensive Plan. 2.2 On August 31, 2009 Staff published the SEPA Determination of Non- significance in the Kitsap Sun. 2.3 On September 1, 2009 the Draft Amendment Docket was avaitable for public review on the City of Bremerton's website. 2.4 On September 5, 2Q09 a notice of Ptanning Commission public hearing was pubiished in the Kitsap Sun and the public was invited to comment. 2.5 On September 15, 2409 Planning Commission canducted a public heacing on the 2009 Comprehensive Plan docket. � � 3. Pubfic Comment 3.1 Individuals submitting written comments: a. Mark & Patty Nesby, 1295 Lakehurst Dr, Bremerton WA 98312 b. Chuck & Patty Bair, Kitsap Lake Storage {3fi0} 373-6400 c. Gruss Inc, 6724 Kitsap Way, Bremerton WA d. Symington, 3233 Chico Way NW, Bremerton WA 98312 • 3.2 Individuals providing verbal testimony at Planning Commission public hearing: a. Ghvt� ��R.. , to�-1on k�kSc�P w�.y, Brem��-1 wP� b. i�A I�t2k. t�l� 6bv , to�I1� l�x�-Sq� w.�, 8fem-e��l ►A- c. __C�1 � h rn C ��C�P.\�� b'[ Z� � k� Aw W y.'P��enn-er �o� w/� d. - r'�er�•.� L�naar. t�l��o k�l�ao w�., �rev�nQr-k,,n wA� e. f. Exhibit A 4. SEPA Determination A Determination of Non Significance (D(VS) was issued on August 31, 2009.with an appeal deadline of September 14, 2009. 5. Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10. The Ptanning Commission may recommend, and the City Council . may adopt or adopt with modifications, an amendment ta the comprehensive plan if the criteria outlined below are met. 5.1 BMC 20.10.080(a) allows amendments to the Comprehensive Plan if there is an obvious technical er�or in the pertinent comprehensive plan provisions. Amendment 1(Map cartographic updates) The adopfion of the updated Comprehensive Land Use Map falls into this category due to cartographic errors. Cartographic misrepresentations were identified and corrected. 5.2 BMC 20.18.020 (dj (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. These amendments (2-6) are minor and confinue to uphold the objectiv.es and goals of Comprehensive Plan. These amendments do not change the intenf or purpose of the Comprehensive Plan. Amendment 2(Update to City Services Element and Appendix): Multiple City departments have worked collectively with the Department of Community Development to integrate their respective plans into the Comprehensive Plan, praviding more consistency and transparency within the City's planning documents. This amendment integrates previously adopted City Service plans and their 2010-2015 Capital Improvement Program into the City Services Element and Appendix. �, This amendment is consistent with many policies of the Comprehensive Plan, reproduced here are a selection of these policies: LU3 - Create an. environment that will promote growth. LU1 �- Provide for the viability of communities, neighborhoods, and Cenfers through strategic land use designations and infrastructure provisions. LU19c - When developing and locafing new infrastructure and capitaJ investments, ensure efficient use of community resources. LU11g - Ensure comprehensive and convenient services for each community within the City. Amendment 3(Update to Transportation Element and Appendix): The City's Engineering Division completed the Non-Motorized Transportation Plan and integrated it into the Comprehensive Plan during the 2007 Comprehensive Plan Amendments. Exhibit A This amendment addresses the need to add text into the Transportation Element referencing the Non-Motorized Transportation Plan, and adopt the updated 2010- 2015 Transpo�tation Imp�ovement Program into the Transportation Appendix. This amendment is consistent with many policies •af the Comprehensive Plan, reproduced here are a selection of these poticies: CC2f— Create and improve urban open spaces. CC3 — Provide for a safe, pleasant, and rich pedestrian experience. � LU3 — Create an environment that wil! pramote growth. LU10 — Provide Incentives and flexibility that encourages and enable development in Centers. LU�9c — When developing anc! locating new infrastructure and capital invesfinents, ensure efficient use of community resources. LU�9g — Ensure comprehensive and convenient services for each community within the City. Amendment 4(City Services Element and Appendix): This amendment actdresses the need to incorporate the updated Stormwater Management Plan into the Comprehensive Plan for consistency between the City's planning documents. Text updates are incorporated into the City Services Appendix along with the 2010-2015 Capital Improvement Program. The City.adopted its Stormwater Management Plan, an element of the Comprehensive Plan, in 1996. Plan amendments are processed as conditions warrant. This Update is due to changes in Federal and State laws, most notably the National Pollutant Discharge Elimination System (NPDES) Phase II Permit and the Puget Sound Partnership's (PSP) agenda fo� cleaning the waters of the Puget Sound. Stormwater management is regulated by BMC 15.04. The scope of the 2008 update responds ta the requirements of the NPDES Phase II Permit, as well as the introduction of Low Impact DevelopmenE (LID) strategies in dealing .with stormwater control. This amendment is consistent with many policies of the Comprehensive P{an, reproduced here are a selection af these po{icies: � LU3 — Create an environment that witl promofe grouvth. LU10— Provide Incerrtives and flexibility that encourages and enable development in Centers. LU11 c— When developing and locating new infrastructure and capita! investments, ensure e�cient use of community resources. LU11g — Ensure comprehensive and convenient services for each community wifhin the City. LU15b — Protect aquifer recharge areas, especially those used to provide public uvater supplies (GMA Requirement). LU�Sc — Coordinate measures to protect groundwater resources with watershed plans and planning efforts (GMR Reguirement). E1— Ehsure the long-term health of Bremerton, promote sustainable growth and activities. Exhibit A E1c — Use, where feasible, new technologies that demonstrate ways to reduce environmental impacts. E3 — Reduce and prevent environmental pollution of air, wafer, light, noise, and soil. E3e — Education citizens about sources of pollution. � E10 — Encourage environmenfally responsible development. Amendment 5 (Transportation Element): � This amendment addresses the neecf to incorporate the updated Commute Trip Reduction Plan into the Comprehensive Pian for consistency and transparency between the City's planning documents. Text updates are incorporated into the Transpartation Element. In 2Q06, the Washington State Legisiature passed the Commute Trip Reduction Efficiency Act which amended the requirements for local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single-occupant vehicle t�ips. The Commute Trip Reduc#ion Plan has been prepared in accordance with these revisions to RCW 70.94.521. The Commute Trip Reduction Plan is a collection of City-adopted goals and policies, facility and service improvements and marketing strategies about how the City wiil help make progress for reducing drive alone trips and vehicle miles traveisd over the next four years. Building upon the success of the existing commute trip reduction program, the City strives to meet the goals of the pian for the future by working in partnership and coordination with other agencies and employers. This Commute Trip Reduction Plan helps to support the achievement of the City's vision and the goals of its comprehensive plan. This amendment is consistent with many policies of the Comprehensive P{an, reproduced here are a selection of these policies: E9c — Use, where feasible, new technologies that demonsfrate ways to reduce environmenta! impacts. E3 — Reduce and prevent environmental pollution of air, wafer, light, noise, and soil. E3e — Education citizens about sources of pollution. E10 — Encourage environmentally responsible development. T9 — Encourage the development of an integrated mulfi-moda! transportation system, that provides a variety of convenient transportation choices to improve the movement of people, goods, and freight. T3 — Develop and maintain a transportation system that respects the natural environment, including the quality of Bremerion air, waters, and natura! habifats T7 — Develop travel managemenf sfrategies to minimize the need for additional transporfation infrastructure and expenditune. T7a — Continue to coordinate with loca! employers to implement commute trip reduetion plans and programs. Amendment 6 (Parocel land use change from NB to LC): Staff proposes a land use re-designation for the parcels north of Kitsap way from Neighborhood Business to Limited Commercial. Prior to the 2004 Exhibit A Comprehensive Plan update land use designation of this area was General Business which is equivalent to the new designation of Limited Commercial. The intent of the Limited Commercial designation is to recognize the community's existing general commercial districts outside the designated boundaries of centers on lots zoned general business in the City. Sfaff proposes to reconcile the zoning in this area to the previous designation of Limited Commercial. This amendment is consistent with many policies of the Comprehensive Plan, reproduced here are a selection of these policies: LU1b — ldentifying and integrating edge areas in the planning of neighborhoods. LU3 — Create an environment that wi!! promote growth. LU3a — Modifies existing zoning to provide for essential services. LU� 9— Provides for the viabiliry of communities, neighborhoods, and Centers through strategic Jand use designations and infrastructure planning. 5.3 BMC 20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other �ity, state and federal codes, regulations and ordinances. Analysis: The amendments listed in the 2009 Comprehensive Plan amendments do not conflict with any other regufations. II. CONCLUSIONS AND RECOMMENDATION Based on the findings above, Planning Commission concludes that the 2009 Comprehensive Plan Amendment Docket has met the criteria for amendments to � the plan as detailed in BMC 20.10.080 and therefore recommends adoption by the City Council. Respgctfully submitted by: �: . 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IH�;�.;� :•'��11EEk J�P��:� Exhibit C.1 LOS Standards , � T'he level of service expected by the community for each type of public service discussed in this section, is identified within the section devoted to that service (see City Service Appendix). For ease of reference, however, those Level of Service Standards are summarized in the table below. In the long term, approximately 20 years, Bremerton intends to achieve the level of sefvice standards set forth in the following table. (Table CF-1) Table CF-i. Ca ital Facili Level o Se�vice Standards - Lon Term Capital Facility Type Level of Service Standard (LOS) Date est. Emergency Medical Services 4.0 minute response time' for BLS 8.0 minute response time for ALS 1995 Fire 5.0 minute response time 1995 Law Enforcement 250 sq.ft. per officer 2003 1.8 officers per 1,000 pop. 2003 Ra�s—bee� . . ��—�eg�ex,� . . �s'–Apex�S�aee � • Neighborhood & Community Parks 5.5 Acres of Developed pazk land per 1,000 residents 2007 Sanitary Sewer 100 gallons per capita per day (gpcd) �A83 2005 Storm Water Management Maintain per Stormwater Management Manual for 2009 Western Washington Schools - Elementary (K-5th) 90 sq.ft. per student -.013 acres per student 2009 Schools - Middle (6th-8th) nTa * 117 sq.ft. per student -.017 acres per student 2009 Schools - High (9th-12th) nTa " 130 sq.ft. per student -.018 acres per Student 2009 Streets, transportation - Varied. See Transportation Eiement 2(1(�i Water 200 gal/day �AA3 Citu of Bremerton Comprehensive Plan CS 21 City Services Element Exhibit C.1 Capital Facility Type Level of Service Standard (LOS) Date est. 2005 Use of varied LOS Standards to support community goals The establishment of Level of Service Standards that support the desired land use pattern - and the related effect of concurrency requirements - can provide a very strong incentive, encouraging future development to occur in the places, and be of the type, envisioned by the community. By making a conscious decision to accept more congestion in District Centers, for example, a community can reduce the difficulty that a prospective project faces in meeting concurrency requirements in that location. The reduced project costs and streamlined permitting that results can be a strong incentive in attracting development to that desired Center location. An incentive-based use of Level of Service Standards for streets is discussed in detail in the Transportation Element. It is important to establish here that this incentive approach will be considered and implemented for other types of capital facilities, as well, in the future. This approach may be appropriate for parks, for example. Decisions about appropriate uses of variable LOS Standards as development incentives will be made as pazks plans, water plans, and other service plans are updated and/or developed by the City. CihLo�Bremerton Compreheresive Plan CS 22 Clty Services Element Exhibit C.2 Table CFP-1 T s and Providers of Ca ital Facilities Facili T e Provider Descri tion A licable Plan s Fire and City of Provides facilities that support the Emergency Bremerton provision of fire and emergency services. Services Fire Dept. Law City of Provides faalities that support the Enforcement Bremerton provision of law enforcement services. Police Dept. Parks City of Provides facilities for passive and active • Land Use Efement Bremerton recreational activities. • Parks 8 Recreation • 2007 Parks, Recreation Dept. & Open Space Plan Streets City of Provides streets, sidewalks, traffic • Transportation Element Breme�ton controis, and street lighting. • Six-Year Transportation Dept. of Public Improvement Program Works & (TIP) Utilities Sanitary Sewer Bremerton Provides facilities used in collection, • Utilities Element Municipal transmission, storage, treatment or • Wastewater discharge of waterborne waste within most Utility developed portions of city and some • 2005 Wastewater surrounding unincorporated areas. Comprehensive Plan U date Schools Bremerton Provides elementary and secondary • Bremerton School School District facilities for instruction in the several District Capital Facilities branches of leaming and study required by Plan: In Support of the the Basic Education Code of the State of Schooi Impact Fee Washington. Program, July 1992 • Mapping the Bremerton School's Future 2006/2007 Storm Water Bremerton Provides faalities that collect and transport • Ord. 4454 Management Municipai storrnwater runoff. � 2008 Stormwater Stormwater Management Plan Utility Update Water Bremerton Provides supply of potable water from • 2005 Water System Municipal system of surface water and wells. Comprehensive Plan Water Utility Service area inGudes developed pordons of city and surrounding unincorporated areas. Utility also �ntracts to provide water to addiGonal areas (Tracyton, Rocky Point, PSNS, and Port of Bremerton airport and industrial park. City ofBremerton Comprehensive Plan City Service Appendix CS Appendix - 3 Exhibit C.2 Farks Bremerton's park system contains 319 acres distributed over 32 park sites. Types of parks range from pocket parks which may consist of a fraction of an acre to regional parks such as Pendergast with 50 acres. For the purpose of park and open space planning the 360 acre Gold Mountain Golf Complex is not included in the park inventory. The city park system is managed by the Department of Parks and Recreation with citizen input formalized through the Bremerton Parks and Recreation Commission. The Parks Capital Improvement Program (CIP) consists of a series of acquisition, development and renovation projects identified during the extensive public process held to develop the Parks, Recreativn and Open Space Plan adopted in December of 2007. � :~� � Inventory of Park Lands There are eight park, recreation and greenspace facilities types used by the City of Bremerton: • Pocketparks • Neighborhood parks • Community parks • Regional pazks • Greenspaces • Natural areas • Trails • Special facilities Pocket Parks Pocket pazks (or Mini parks) are generally smaller than one-half acre in size and may provide a specific, local need such as a neighborhood tot lot, viewpoint or urban plaza; however, they are Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix -17 Exhibit C.2 not an adequate substitute for a neighborhood park. T'hese open spaces typically provide a more passive user experience and can include elements such as picnic and sitting areas. Due to their small size, pocket pazks are not intended to serve or provide site amenities that would draw from a wider community area. These parks are intended to serve their immediate residential area, generally within �/a-mile of the site. Pocket parks may be considered as a surrogate neighborhood park only when providing a larger, traditional neighborhood is impractical or unachievable. Parking is generally not recommended or necessary. POCKEtPARKS Arvon Park 0.02 East 9tt� St. Mini Park 0.03 lower Roto �sta Park 0.5 McKenzie Basketball Court 0.02 Pat Carey �sta 0.5 Roto �sta Park 0.7 Whitey Oomstad 0.2 Wycoff Memorial Park 0.02 SUBTOTAL 1.99 Neighborhood P�ks Neighborhood parks are generally no more than 10 acres in size, depending on a variety of factors including need, location and opportunity, and should meet a minimum size of 1.5 acres in size when possible. These parks are intended to serve residential areas within walking distance (up to lh-mile radius) of the park site and should be geographically distributed throughout the community. Access is mostly pedestrian, and park sites should be located so that persons living within the service area will not have to cross a major arterial street to get to " the site. Developed neighborhood parks typically include amenities such as pedestrian paths and trails, picnic tables, play equipment, play fields, sports courts, landscaping and irrigation. While no service standard previously existed for neighborhood parks, this Plan proposes a combined acreage standard for developed neighborhood and community parks to emphasize their importance within Bremertori s system. The proposed standard is 5.5 acres per 1,000 residents. Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix -18 Exhibit C.2 NEIGHBORHOOD PARKS Bachmann Park 0.5 Bataan Park 1.0 Blueberty Park 6.9 Forest Ridge Park 27.3 Haddon Pa�lt 3.7 Kiwanis Park 4.0 Lent Landing Park 1.5 Manetta Ptayfield 2.6 Matan Parfc 0.37 Smith Playfieid 2.4 Warren Ave. Playfieid 3.0 SUBTOTAL 33.Z Community Parks Community parks are generally 10 to 50 acres in size and are best defined by the array of recreational activities that a site provides. Community pazks may include areas suited for intense recreational facilities, such as athletic complexes and skate parks, along with passive azeas for walking, wildlife observation and picnicking. These pazks serve groups of neighborhoods within a 1-mile radius of the park site. Access to community parks may be by car, bicycle or on foot. In general, community park facilities are designed for organized activities and sports, although passive components such as trails and picnic areas are highly recommended as complements to active sports facilities. The range of facilities provided will be greater than in neighborhood parks and will generally appeal to more diverse user groups. Developed community parks typically include amenities such as picnic shelters and tables, tennis courts, covered activity areas, soccer and baseball fields, bike and pedestrian trails, restrooms, landscaping, irrigation and parking lots. Community parks may also incorporate community facilities, such as community centers, senior centers or aquatic facilities. Cit�,o Bremgrton Comprehensive Plan City Service Appendix C5 Appendix -19 Exhibit C.2 COMMUNITY PARKS East Park 17.5 Evergreen Park 10.0 Kitsap Lake Park 2.0 Lions Park 15.0 NA.D. Marine Park 27.5 N.A.D. Park 54.0 Sheridan Park 3.0 SUBTOTAL 129.0 Regional Parks Regional parks are usually larger than 50 acres in size and serve residents from throughout Kitsap County and beyond. No service standard exists for regional parks in Bremerton. T'hese parks are usually designed to accommodate large numbers of people, and typically, they provide for diverse and intensive recreational activities, such as sports complexes, extensive trail systems or large picnic areas. Regional parks often include passive or natural areas and unique features. Pendergast Park is the city's largest regional park. The other two of Bremertori s regional parks focus on the downtown waterfront: Harborside Park and the Louis Mentor Boardwalk. While these sites are not of the size typical to a regional park, they do draw users from a very wide area. Additionally, as the Boardwalk expands to Evergreen Park, it will solidify the regional nature of the amenity and provide a significant visitor attraction to Bremerton's downtown core. � REGIONAL PARKS Harborside Fountain Park 2.5 Louis Mentor Boardwalk 2.0 Pendergast Regional Park 50.0 SUBTOTAL 54.5 Greenspaces and Open Space C�rrgdors Greenspaces and open space corridors provide visual and psychological relief from man-made development within the urban area. Open space corridors are typically long, relatively narrow lands that follow roads, creeks, and other natural or transportation corridors. These corridors may protect environmentally-sensitive areas and provide wildlife habitat. Greenspaces and open space corridors are acquired with the intent of limited or no development and may offer limited accessibility or public recreation utility, such as a wetland property. Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 20 Exhibit C.2 GREENSPACES &emert� Gat�vay R.O.W. 7.0 SUBTOTAI 7.0 Natural Areas Natural areas provide amenities for passive recreation, such as trails, benches and environmental interpretive panels. Public access via rustic trails within these areas is important to provide passive recreational opportunities, as appropriate with resource protection and environmental regulations. The selection of natural area sites is based on a variety of criteria, including linkage to or through other open spaces, public facilities, relation to existing parks in the area, the need to preserve a site's natural features, and the size and quality of the open space. The primary difference between a site classified as "natural area° and a"greenspace' is that the natural area is intended to remain in a natural state, while also providing passive recreation opportunities, and is acquired or being retained as a site of unique environmental quality (i.e., extensive wooded hillside or ravine). NA'TURAL AREAS EastPark Nature Area 15.5 Kitsap Lake Park (weUands) 30.0 Stephenson Canyon 28.0 SUBTOTAL T3.3 Trails Hiking, walking and cycling trails are in strong demand by residents of Bremerton. A trail may exist within a publicly acquired open space corridor or right-of-way or along railroad lines or utility corridors defined by drainage areas, topographical changes, wooded areas or vegetation patterns that can link schools, libraries or commercial areas with parks. The trail should be sufficiently wide enough to accommodate the intended type of trail user(s), preserve the features through which the trail is traveling and buffer adjacent land use activities. Trails may be developed in conjunction with various recreational activities, such as jogging, nature study and historic observation. They may be a separate facility, such as a fitness trail, or a connected element of a larger facility, such as a greenway trail. Surfaces will vary with location and use. Provisions for parking, consistent signage and interpretive markers may also be included in trail development. Citu of Bremerton Comprehensi�g Ptan City Service Appendix CS Appendix - 21 Exhibit C.2 In order to provide an appealing, safe, accessible, economical and diverse trail system, trail standards and classifications should be developed and may be based on the following: Regional Trail: Paved, shared-use, long-distance linear trail corridors for the exclusive use of pedestrians, bicycles and other approved trail users. Regional trails are typically 12'- 14' wide with a 2' wide gravel shoulder on both sides. An example of a regional trail would be proposed expansion of the Bremerton Boardwalk. Community Trail: Paved, shazed-use trails typically found within community parks or linking park facilities. Community trails are typically 8'-10' wide. The paths within Evergreen Park are examples of community trails. Rustic Trail: Earthen or soft-surface trails with limited horizontal clearances and challenging grades and obstacles. Providing accessibility and regular facility maintenance are issues typical of this type of trail. Rustic trails vary in width and surfacing. The trails of the East Park Nature Area are rustic trails. Water Trail: Navigable non-motorized and motorized waterways appropriate for canoe, kayak, and other boating. Providing launch facilities and non-motorized boat access points are important considerations in water trails. Bike Routes and Sidewalks: Typically associated with the transportation system, these linear paths are heavily used within urban areas and should be included in trail planning efforts. (See Non-Motorized Transportation Plan for additional information.) Special Facilities � Special facilities include single-purpose recreational areas such as golf courses, conservatories, arboreta, display gardens and outdoor theaters. Special facilities also include community centers and pools, areas sites of historical or cultural significance, like museums, historical landmarks and structures, and public plazas in or near commercial centers, public buildings or other urban developed areas. There are no standards concerning the development of special facilities - demand being defined by opportunity more than a ratio standard. Nor are there minimum or maximum facility or site sizes - size being a function of the facility rather than a separately established design standazd. Special facilities within Bremerton include the Gold Mountain Golf Course, Ivy Green Cemetery, Bremerton SkatePark and the facilities of the Bremerton Senior Center, Sheridan Community Recreation Center and Glenn Jarstad Aquatic Center. �eeal-R�ks Cih,�,�Bremerton Comprehensive Plan City Service Appendix CS Appendix - 22 Exhibit C.2 � � �a�te-R�a. AAa�� AsdFNaine A�l�lress �evele�ed �1w�eie�ed �etat 4n�se�y {.a��es1 As�ee � . a . . 4 . . � . . �6 . � �8 . . �9 . . . � . . �3 . . Cit� o, f Bremerton Commehensive Plan City Service Appendix CS Appendix - 23 i, �_ • � : � � �I - ' - __ ,, _ _. - - - - - " - - --i � - = — = - � ' ��I --_ -- _- :.. . .i . ,� �. -- . . _ .._ . �� ■■�i�' Oiiiii�i � � � �- = � �' i�' i �� _ _ _ �- - - _ . .: � �_� - __ _ _ -�� _ _ __ � o�_ _ _ - ____ . _ ..��' ��- .-� ��. _ -_,�''''.�' _� ''` ''_ O'� - . _ : � -: :-:: : � = ■��i�' oi�i �ii�i�ii � ■�i� ��ii�� -� I��i�' - - -�� - - - - ��i . � Y_ ' ' ' ' ' • ' ' ' ' ' ' ' .. ' ' ' ' ' ' ' ' ' ' . . . ' ' ' ' ' ' ' ' ' ' ' ' ' : ' " " c ' : : : ' ' _ " . .' ' ' Y' " ' ' ' '" ' ' ' ' ' ' ' ' ' " •' ' ' - � ' ' Y" ' ' ' " ' ' ' ' ' ' ' " ' ' .' " . ' ' ' ' ' " ' ' " ' ' ' Y' ' ' ' ' " " ' ' ' ' ' Y_ "' ' ' ' "' "' ""' ' ' '.. _. . ""' """ ' ' " " """ Y_ . . �� •. !. � Y • ' ' ' ' ' ' _ I � •_. . .._ ■ •.: ::-: .� - �•_,._::: � �� _ _ • �, � n ��II . ' - . , .Irl�l�ll � �� i , , , ,- -�, ..- , r. ..- . Exhibi4 C.2 � � . . � � . a . . �t . . . . � ... . . Cit�of Bremerton Com�rehensive Flan � City Service Appendix CS Appendix - 25 Exhibit C.2 ��ge�-&�aee � . �e-Rrc.a ana�# ��e a�ees siae-Eae�esy � _ _ . � _ _ , 34 - . A�ke�€ae�ieB �Ie-RK�3a AAa�# RaFk-Nar�e A�sss Beve{eped �lndeve�eHed �eEa1 E�°►� N�e�es�} �es � . � a�s . . . . � �a�•-aK.o CihLof Bremerton Comprehensive Plan City Service Appendix CS Appendix - 26 Exhibit C.2 � u►a�ee.��+ea � se�s �ae�e+� �e�ve�ea�e€-Future Demand for Parks �ee�s and Open Space Bremerton's park and open space land base has remained relatively static over the past 30 years with the exception of several prominent, but relatively small (in terms of acres) additions. These additions include 2.5 acre Harborside Park and a 1.7 acre expansion of Evergreen Park. Currently Bremerton has 8.9 acres of Parks and Open Space per 1,000 residents. The standard set forth by the National Recreation and Parks Association is 15 to 24 acres of park land per 1,000 residents. The city's goal of providing 5.5 acres of actively developed park land per 1,000 residents is 117 acres short of being met. The 2007 Parks, Recreation and Opens Space Plan establishes a policy to provide a neighborhood park within one half mile of every residence and a community park within a one mile radius of each dwelling. In some parts of town smaller pocket parks lacking the variety of facilities or land mass of a true neighborhood park currently substitute for the neighborhood park envisioned in the Plan. To meet the service radius policy the city could expand undersized neighborhood parks through acquisition of adjacent properties and/or acquire strategically located vacant parcels for developing new neighborhood/community parks. DESIRED STANDARDS �� Oesired Service Standard 5.5 acres11000 ot developed parkland Oesired DIsNiDutlon StandaM 1 mile radius for Community Parks 1/2 mila radius for Neighborhood Parks Desired AAinimum Size 10 acres for Communily Pa�lcs t.S acres tor Neighbothood Parks The 5.5 acres of developed neighborhood and community park land per 1000 residents is established as a standard independent of school athletic fields and sports courts. School facilities augment community and neighborhood parks, however their presence does not affect the applicability of the standard for the following reasons.l) School grounds are not available CihLof Bremerton Comprehensive Plarr City Service Appendix CS Appendix - 27 Exhibit C.2 � to the public during school hours. 2) School related athletic teams and events have priority on these facilities and may be closed to public use to protect turf for varsity events. 3) School grounds often dori t provide the level of grading, landscaping and amenities that combine to create a respite from the urban, built environment. Throughout the process of developing the 2007 Plan the concept of connecting city parks to one another through a network of trails, enhanced bike lanes and greenbelts was frequently mentioned by citizens. While progress has been made on providing linkages through the formalization of the Stephenson Canyon Greenway and the planned Boardwalk connecting downtown parks with Evergreen Park, there is considerable local demand for providing connectivity. By 2023 the city's population is expected to exceed 50,000. If no additional park acquisitions are made over the course of the next 13 years, the current deficit of developed park acreage per 1,000 residents will increase from 117 acres to 200 acres. �� . c�es�e� � , �� , Cit�of Bremerton Comprehensive Plan City Service Appendix GS Appendix - 28 Exhibit C.2 , �a�{e-pK-S �y�e Ae►es ��ieii�tg�-6AS . �-4�aeies . �4:f4es�es . �1a� . . �:�3asFes �a�1e-PK� �Y� G�ist�g�As►es �ieii�}b�S . �4�esFee ;�,�4aeres . 4�2asres City of Bremerton Comvrehensive Plan City Service Appendix CS Appendix - 29 Exhibit C.2 � , _....�..,..._.,. � � ,.aa:�:....,., � .. �:,,�,�� seR�ee: Six Year Funding and Projects The following Capital Improvement Program (CIP) lists the park and recreation facility projects considered for the next 6 years. The 20071ong-range Parks, Recreation and Open Space Plan contains a more comprehensive list of identified park improvements and acquisitions (pages 93- 98), covering a 20 year horizon. Funding opportunities for these projects shall be provided through available grant opportunities, real estate excise tax and park revenues. �a�{e-RK-� City o�Bremerton Comprehensive Plan City Service Appendix CS Appendix - 30 �� i�C.2 ir � T � � � "� � , � �' � Pro ect 2010 2011 2012 2013 2014 2075 Anderson Cove Waterfront uisition I �_ I i I 500,000 �f � Community Sports Field Improvemenis � � � 100,000� ; Irri ation L ines to Street Trees and Flower Baskets i _____ f _�____ 100,000 � i � � Jarstad Aquatic Center- Filtration/Chemical Feed System � � ( � U rades � � � 325,000 �_____�__ i Jarstad Aquatic Center- Natatorium Lighting Improvements �; 40,000 � ; �_ � � Kiwanis Park Redevelopment 200,000 305,000 � �� Lions Park - Dock & Boat Launch Planning Survey j 75,OOOT_ � Lions Park Renovation 1,7 00,000 i 50,000 � � _�� ( Maintenance Facility Relocation - � 373,900 � � Mataan P ark Improv ements _'_ ____ � 130,000 L 495,000 (- —� Off-L Dog P Project j 25,000 ; —� Pendergast Re ional Park- Softball Field Development _ ;_ __ �320,000 � � Pendergast Regional Park- Softba Field Renovation - �j �— � 1 95,000 i � � Playgr�ound Equipment Repiacement - ; 30,000 30,000 � 30,000 j 30,00 30,000 ; � Riddell Area Neighborhood Park Acquisition j_ ____�__ I 45 0,00 a0 I Sheridan Park Redevelopment _ __ ___1_____ � 1 '� ! ` 400,000�; � Tennis Court Resurfacing __ __ � 40,000 � i � � j Vehicle Equipment Additions _ _ �__ ^ 75,000 �— � �j [ Warren Avenue Pla eld Renovation � 450,000 ; j ,_ ____ Total , 2,130,000 � 1,408,900 j 130,000 L 1,970,000 � 30,000 � 930,000 I Cit�of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 31 � Exhibit C.2 Sanitary Sewer Sanitary sewer facilities are provided by the Bremerton Deparhnent of Public Works and Utilities. A complete inventory, analysis of need, and capital improvements program aze provided in the �eee��ier�8A3 August 2005 Wastewater Comprehensive Plan. The 20035 Plan uses a 20-year planning horizon with intermediate planning timeframes of 5 and 9-years (i.e., 2010, 2014, and 2024.) �8�4. It therefore provides an analysis that satisfies the City 2003-2004 Comprehensive Plan Update s six year concurrency requirement. Service Area The Wastewater Comprehensive Plan identifies existing and fuiure service areas served by the Wastewater Utility. The Wastewater Plan estimates the population of the service azea at A C� 44,330, of which 37,260 �48 are within the city limits and 7,070 outside the city. The plan estimates that approximately 36,120 �8A9 persons aze connected to the sewer system, leaving an unsewered population of 8,210. The service azea covers 1�5 drainage basins, of which four extend beyond the city limits into unincorporated county areas: Tracyton Beach, Trenton Avenue, Sinclair Park, and Oyster Bay. The Utility provides sewage treatment to the sewered areas in the service azea through direct service and through specitic contractual agreements with the U.S. Navy and Kitsap County Sewer District No. l(Navy Yard City). (Figure 2-2 "Service Area") Inventory of Existing Facilities The City sewerage system consists of sewage collection, transmission, treatment, and bio-solids reuse facilities. Included are more than 188 miles of gravity sewers, approximately 16 miles of pressure lines, and 3a7 pump stations. These facilities convey combined sewage to a secondary wastewater treatment plant located just south of West Hills. Addi#ionally there are 163 combined sewer overflow (CSO) sites located within the sewer collection system. Approximately 60 percent of the system is composed of combined sanitary system. (Table SS-1) Table SS-1 Irnentiory: Wastewab� Tr+eatment Fadlitles Treatrnerrt Piant Address A�reAage9eNy City of Bremerton Compr�ensive Plan City Service Appendix CS Appendix - 32 Exhibit C.2 �p�Y Westside 8re�eAer� Wastewater Treatment Plant 1600 Oyster Bay Ave W 32mgd-F3j-�9� (1) +� Eastside CSO Treatment Plant (1) 2475 Stephenson Avenue 20 mgd (throughput) Forest Enhancement Sites One 8 Two (2) Near Gold Mtn. Golf Course 300 acres (1) City of Bremerton Final 9+� Wastewater Comprehensive P/an;-A�iF�A92. (2J City of Bremerton Annual 4893 Biosolids Report to Bremerton-Kitsap County Health District. Wastewater Treatment Plant The existing Westside Wastewater Treatment Plant is permitted for a peak hydraulic capacity of 32.0 � million gallons per day (mgd). Normal dry weather peak flow capacity without stormwater inflow is permitted for 7.6 es�i�t�mgd. Current annual average and maximum monthly flows to the wastewater treatment plant are about 60 percent of the average annual and maximum monthly flows for which it is permitted �vas �. Since 1993, the City has implemented a Combined Sewer Overflow (CSO) reduction plan to reduce CSO's to less than one per site annually. This was achieved primarily through infrastructure improvements that maximized flow to the Westside WWTP. In 2001, the City constructed the Eastside Treatment Plant at the site of overflow OF-1. Peak combined sewer flows are directed to this treatment during storms when system flows exceed the capacity to the Westside Secondary WWTP. This treatment plant uses ballasted sedimentation, high rate clarification followed by W disinfection. This plant has a capacity of 20 mgd. . , F�'�+��I ra�e ss-a Bremerton Wastewater Tr�trnerrt Systern Service Area Capadty Meas�u�e Capadty �AA3 2004 DemarM �984 2005 Surplua/Defldt Population 76,000�&,AA9 36,120�2;HA8 39,880-3fr,686 Connections '33,043 �8fi8 15,704�;� 17,339-44;626 Sources: �inaEBFa�-Breme�bn Wastewater Comprehensive P/an, 200 . City of Bremerton Cor►r,�rehensive Plan City Service Appendix CS Appendix - 33 Exhibit C �� ' Connections = Populafion capacity / 2.430 average persons per househoid size. (A change in average household size would change the number of possible connections.) Forest Enhancement Program — Biosolids Utilization The wastewater treatrnent plant produces approximately 5.8 million gallons of anaerobically digested biosolids each year. Because biosolids have fertilizer and soil amendment value the City began an active land application (silviculture) program several years ago to utilize the benefits of this wastewater process. Biosolids are used to enhance tree growth and aze currently applied to 300 acres of Utility-owned forest land. Since June 1992,100 percent of the biosolids produced at the treatment plant have been utilized in this beneficial manner. Future Needs Existing Demand There are approximately 15,704 �4� existing connections, including several connections at the Puget Sound Naval Shipyazd (PSNS), serving approximately 36,120 �A9 people in the service area. The annual average daily flow is 4.0 b:9 mgd. Level of Service (LOS) The capacity of existing sewer facilities to serve future needs is determined by comparing the gallons of effluent per day now approved by the State, the number of existing connections, and the number of new people to be served. The number of new people is converted into the number of new residential connections based on assumptions of the number of persons per household, and the number of gallons of effluent generated per capita per day (gpcd). The capacity can also be estimated based on an existing and planned LOS for sewer service. The calculation of the current LOS excludes stormwater inflow. The proposed LOS is the existing county-wide average. a • Current LOS = 9?S gallons per capita per day • Proposed LOS =100 Future Demand City and County estimates of future demand differ. (Tables SS-3 & SS-4) Citu of Bremerton Com�rehensive Plan City Service Appendix CS Appendix - 34 Exhibit C.2 ��d� . . � �� 11 II � �et��€e�eeas�s a �A�4 se��ee a�ea-�e$tt�a��e�te€-��4n� ^ ^F �? °�� • , , , . � � City Estimate: The City's Wastewater Comprehensive Plan estimates the 2004� service area population at 44,330 �-, of which 169% are outside the city limits. All but 8,210 persons are connected to the sewer system. Assuming 100% of this unsewered population will connect to the system within the next 20 years, there is a remaining capacity to serve an additiona113,000 persons. The City estimates that the actua12014 service area population will be 45,198 �588 (rather than 81,408 as forecasted by the County). Table SS-3 Comparison of CitylCouMy Estimates of Sanitary Sewer Servi� Area Poputation Sa�roe of Estimate �894 2000 Population 2014 Population �984 2000-20141ncrease County 68,425 §�4�� 81,408 12,983 �3�333 City 37,259 �?589 45,198 35�96 7,939-a-3�88 Difference = 31,11634 36,210 4�8� 5,044 �9 Sources: City of Bremerton �iRai-Bra€�Wastewater Comprehensive P/an, A�99� 2005. S The City projects a year 2014 �� surplus capacity of 30,802 �� (compared with the County projection of a deficit capacity of 5,408�). Table SS-4) . Table SS�4 � Comparison of Gty/Courriy Estimates of Wastewater Treatrnent Plant Demand (Population) � Cit�of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 35 r � Exhibit C.2 Souroe of Current�884 � 2004 �808-8� 2014 De�nand Total Defldt or Estlrt�e • Capadty D�nand - . , Surp�us County (� 76,000-�8� 68,425 3�;868 -68 81,408 -5,408A� City (� 76,000 �8;A96 36,120 3�,8A9 �� 45,198 +30,802 �� Differ�ence = --�41iJ 32,305 6 -4$;�3� 36,210 36,210 f;1� �� Sou�s: City of Bremerton �ine�Bfeft-Wastewater Comprehensive P/an, �199�2005. Note: The discrepancy between the City and County estimates is due to the caiculation methods utilized between each entity. Kitsap County generated their caculations from 1990 Transportation Area Zones (TAZ) data to define the City� s service area, these areas go beyond Bremerton� s wastewater service areas. The City of Bremerton utilizes current customer billing data and adopted service areas for estimates of future need. .. �� 0 Household Size — The average household size is used to calculate the number of connections to the system. The County estimate assumes an average household size of 2.65 persons per household (pph), the 1990 county-wide average. The City estimate assumes 2.430 pph, the �3+98 2004 service area household size as calculated in the City's Wastewater Plan. Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 36 Exhibit C.2 , • 2014 Demand Refer to table -2 in the City's WW Comprehensive Plan. Six year Forecast 0 . Refer to table -2 in the City's WW Comprehensive Plan. �SS-6 � � � 4P�e�e�) Be�e��-4AA 6F�faB �� 3�8A9 �A86 �IIAE�B �leeitn�e-f�A4f,�ei �;463 �8�3# A:?6�AAE�B Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 3? Exhibit C.2 �2 � �8�6a �5 5 �A6B Pe�alaE+eR-a �wenly �eef-Plee� fr�4� -� A:6�-M�B �8g -�1-� �}2-AAf 9 �2� -�� fi�92-IV169 �° ' 3�3-i� flfe Ma Need for Capital Facility Improvements for Capacity The Wastewater Plant has the capacity to serve a population of 76,000, which is greater than the projected 2014 population of 45,198. se�eg��ieR: . � Proposed Facilities The Wastewater Plan recommends four types of improvements at the treatment plant to accommodate projected sewage flows at ultimate plan service azea development and to solve some current and anticipated operational problems: • Infrastructure improvements -- repairs or replacements of existing sewer system facilities to restore structural integrity; • Regulatory requirements -- improvements needed as a result of new or modified codes, guidelines, or laws initiated from federal, state, and local government; • Growth and system extensions -- improvements resulting from new development or system extensions; • Other system improvements -- recommendations that coniribute to the improved operation or function of the system but are not a result of infrastructure needs, regulations, or system growth. CihLof Bremerton Com,prehensive Plan City Service Appendix CS Appendix - 38 Exhibit C.2 Six-Year Financial Plan It is estimated that the existing sanitary sewer system has 8 million gallons per day (mgd) available capacity, which is sufficient to meet the total need of 5.23 mgd through the next six yeazs. (This assumes removal of stormwater from the system over the next several years under the City's CSO Reduction Plan.) S�ear-�aEa �� City of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 39 Exhibit C.2 �.-ss� �feeFf-Pf+elee� FaeNil�r6�+r�aAgy NeEReseAr�er R�i�e�-�AS A�Ne�la 9�e� �99�4 ' �S-AA�B �8a-AA69 �.3AA6B 49Afi-E8A6 4:S�1AGB 9:6�IAE`,B �-ME;B 9.�A69= ' ' .. .. ,.. . . � . ., ... Operating Costs It may be useful to consider the impact of each completed capital improvement on the City's future operating budget. An analysis of operating costs is optional; it is not required by the Growth Management Act. Project 2010 2011 2012 2013 2014 2015 Gravity Sewers 7,650,000 1,725,000 725,000 2,325,000 5,350,000 600,000 Forcemains 200,000 475,000 2,250,000 2,250,000 0 0 Beach Sewers 155,000 1,255,000 1,200,000 200,000 0 25,000 Low Pressure Sewers 250,000 7,500,000 1,500,000 0 0 0 Inverted Siphons 0 0 0 75,000 400,000 0 Pump StaGons 500,000 725,000 710,000 650,000 875,000 875,000 Treatment 40,000 150,000 125,000 125,000 407,000 830,000 Re-use 10,000 0 0 250,000 0 0 Outfalls 0 100,000 450,000 0 250,000 2,500,000 ULID's 0 0 200,000 4,440,000 13,847,000 5,000,000 Buildings 30,000 0 0 0 50,000 0 Land 0 0 0 50,000 0 500,000 Comprehensive Plan 0 250,000 0 0 0 0 Equipment 20,000 20,000 20,000 20,000 20,000 20,000 TOTAL EXPENSE 8,855,000 6,200,000 7,180,000 10,385,000 21,199,000 10,350,000 CihLof Bremerton Com,prehensive Plan City Service Appendix CS Appendix - 40 Exhibit C.2 Water The City of Bremerton Water Utility (Water Utility) provides potable water within the City and the surrounding area. A complete inventory, analysis of need, and capital facilities program is provided in the adopted�9 2005 City of Bremerton Water System Plan Update. 5�"�� _�� The water demand projections are for the period 2005 through 2024. Consistency statements were received by both the City of Bremerton and Kitsap County, and therefore the data can be used to address the concurrency requirement. Inventory of Existing Facilities Service Area The Water Utility serves a population of approximately 56,000 in Bremerton (809'0 of the water use) and portions of Kitsap County (20% of the water use). This use includes the City's West 517 Zone system (considered a sepazate system by the Washington State Department of Health (DOI�) and contracts to supply water to the Puget Sound Naval Shipyazd (PSNS) and to the City of Port Orchard. The Water Utility also is under contract to provide water and operation and maintenance to the �ae�e�-and Rocky Point Water Districts. The current service area includes approximately 13,800 acres. The Kitsap County Coordinated Water System Plan also documents water service areas and system responsibilities within those service azeas. Capacity and Water Rights The Water Utility supply consists of the Union River Reservoir behind Casad Dam and 1�3 active production wells. Approximately 6b0 percent of the supply comes from the 2,964-acre Union River watershed, which is 98 percent owned and controlled by the Bremerton Water Utility. Wells in multiple aquifers supply groundwater to the system. Current average daily demand is approximately 8 million gallons per day (MGD). The current capacity of the water system is 1�6.9 MGD for an average day demand and 2�9.5 MGD for a maximum day demand. The Union River supply has such exceptional water quality, it is one of the few surface water systems in the country to be allowed to operate unfiltered by DOH. This does mean, however, that during unusual events such as when high winter rains increase the turbidity (a measure of water clarity) or during a drought, surface supplies may not always be fully available. During these times the City must depend on well supplies to meet demands. The firm yield from the Union river is 5.6 MGD. All water in use by the City has been properly appropriated through certificates of water rights or registered claims. The agency with regulatory oversight of water rights is the Washington Department of Ecology (Ecology). Bremerton's groundwater rights consist of 12,�A6631 acre- feet/year (ac-ft/yr) annual quantity of primary rights,1,408 ac-ft/yr annual quantity of supplemental rights, �a8,675 gallons per minute (gpm) instantaneous rights, and 880 gpm Cit�,o�'Bremerton Comprehensive Plan City Service Appendix CS Appendix - 58 Exhibit C.2 supplemental rights. Bremertori s surface water rights consist of 40 cubic feet per second (cfs) instantaneous rights from the Union River. Historically-used surface water claims of 5,000 ac- ft/yr from Gorst Creek and 3,000 ac-ft/yr from Anderson Creek are maintained for emergency use and potential future use pending required treatment. Water Quality The Water Utility provides high quality water which is verified by an extensive monitoring program that goes beyond minimal requirements. The regulatory agencies that provide oversight for drinking water quality aze US EPA and DOH. The Water Utility meets all the protective standards set by the federal Safe Drinking Water Act and state laws and regulations. The Water Utility practices a multiple-barrier approach to protecting water quality from the source to through the distribution system. Bremerton's Union River surface source is of such excellent quality that it is currenfly approved to remain unfiltered. Groundwater sources aze safeguarded by a Wellhead Protection Program. All sources are disinfected with chlorine and chlorine residual is maintained throughout the system. In 1999, the corrosion control facility was completed to adjust the pH of the water to prevent corrosion of internal plumbing. Underway is the construction of an advanced disinfection facility which will provide ultraviolet light disinfection to comply with federal drinking water regulations. This treatment is anticipated to be on line by the end of 2010. An annual water quality report is provided to all customers and is available on the City's web site. Facilities A summary of the Bremerton water system is provided in Table 1. Table 1 Bremerton Water S stem Summa Sources currentl in use nion River and 1�3 roduction welis 5-Year avera e da demand .�33 Million Gallons er Da E uivalent Residential Unit 00 allons er da er sin le famil residence Number of Connections 16 A�2361 Po ulation served 6 000 Miles of Pi e 291 miles Number of Reservoirs raw water 17 treated water Number of Pum Stations 10 Number of Pressure Booster Stations Number of Pressure Reducin Stations 14 Number of Pressure Relief Valves 7 includes 2 su e antici ators Service Area 13 800 Acres not includin the watershed Pressure Zones 256, W440 W517 W580, W650 E240 E398, E490 Disinfection hlorine and UV antici ated b 2010 Treatment H ad'ustment for corrosion c.ontrol There are se�ei3 eight pressure zones in the system designated by the overflow elevations in Utility reservoirs. The water system control and alarm is provided through a telemetry system. Citu of Bremerton Comprehensive Plan City Service Appendix C5 Appendix - 59 Exhibit C.2 Operations staff aze certified and the system is operated in compliance with all federal and state regulations. Fire Flows A major function of the water supply and distribution system is to meet fire flow demands. This section summarizes the fire flow requirements applicable to the Bremerton water system, which serves areas both inside the city limits and in unincorporated Kitsap County. Bremerton serves water to residential and commercial structures in three fire districts: • City of Bremerton (within city limits) • Central Kitsap Fire and Rescue (north of the city limits) • South Kitsap Fire and Rescue District #7 (south of the city limits and Port of Bremerton) The Bremerton Fire Department adopted by ordinance Appendices B and C of the International Fire Code (IFC), listed in Table B 105.1 in the IFC. The Kitsap County Fire Marshal's office adopted a separate fire flow and hydrant placement, Ordinance 323(A)-2005, amending the IFC. The fire flow. requirement for specific projects is dependent on many factors, including the following: • Size of the structure(s) • Location of the project • Type of construction materials • Number of stories • Building fire protection systems (sprinklers, automatic fire doors, etc.) • Proximity of adjacent structures • Type of building occupancy (storage of flammable materials, etc.) For purposes of this water system plan, minimum fire flows to be provided by the Bremerton water system have been identified as: Residential 1,000 gpm for 2 hours Commercial 1,500 gpm for 2 hours Fire flows required by the IFC are considered minimums for new construction. When evaluating new construction, Bremerton Public Works and Utilities Department personnel shall determine the ability of the water system to meet fire flow requirements at that location with a minimum of 20 psi residual pressure throughout the distribution system. If the water system cannot provide the required fire flow for the specific project, the developer is required to revise building construction and/or make the necessary improvements to the distribution system to meet the project's fire flow requirements as established by the Fire Marshal. Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 60 Exhibit C.2 The Washington Survey and Raring Bureau is a non-profit organization funded by subscribing property insurance companies in accordance with the Washington State Insurance Code. They are tasked with rating the fire fighting and protection abilities for municipalities. This rating is then used by insurance companies for setting rates. The water system's capability is 39 percent of the total rating score. Bremerton's last survey was completed in 1997, and the water system ranked as Class II, an excellent rating. The hydraulic analysis of fire flows for the Bremerton water system is discussed in Section 8, fire flow and storage requirements. Bremerton analyzed storage capacity without nesting fire suppression and emergency standby storage. , , , , , Forecast of Future Needs Existing Demand . The 5-year average is 7.�33 MGD. Figure 1 shows the average day demand (ADD) and maximum day demand (MDD) since 1994. CitU of Bremerton Comprehensive Plan City Service Appendix C5 Appendix - 61 City of Bremerton Water Production 18.0 'bit C.2 ,s.o s�re 16.0 ��z �a.s � 713 � 7 79 Dro�gM .7/ 8 � DfO 2!7 12.9 C 14.0 � ni2 e��a �na 12.0 � 10.0 � 7. 7. 8. 7, 8. 8. 7, 7. 7. � 8.� 8. 0 6.0 � 4.0 2.0 0.0 1994 1995 1996 1997 1998.1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 O Average Day Demand i Maximum Day Demand Figure 1 Source: Bremerton Public Works and Utilities Department As shown in Figure 2, approximately 809'0 of the water demand is "in•City" demand, and 20% outside the city limits. PSNS is the largest single water user with an average day demand between 2 - 3 MGD. City of Bremerton 2008 Water Demands by Location Awerage Day Demand = 6.6 Million Gallons per Day Navy Properties 34% Within City Limits � 45% Rocky Pt Water District � 0 ° revenue County 1% 17% Figure 2 Source: Bremerton Public Works and Utilities Department Average day demand is affected by the year's rain patterns and other factors. For example, 2007 & 2008 were mild summers �9� , resulting in less outside water use. The highest MDD ever recorded in Bremerton was 20 MGD during unusually low temperatures in December 1990 when pipes broke and customers ran water to prevent pipes hom freezing. 2001's drought affected Bremerton s surface supply and the Water Utility requested a voluntary 10% reduction in water use that summer. Customers responded with an 18qo reduction in use which averted a need for water restrictions. Level of Service (LOS) Standard � City of Bremerton Comgrehensive Plan City Service Appendix CS Appendix - 62 Exhibit C.2 The estimated �999 2005 LOS is a daily average of 200 gallons per equivalent residential unit. The Equivalent Residential Unit (ERL� is the amount of water consumed by a typical full-time single family residence. This value is calculated by dividing the amount of water used by single family accounts that used water in all of the year s billing cycles by the total number of single family accounts. The value for an ERU is specific to a particulaz water system and reflects the characteristics of a water system s customer base and weather patterns. ERUs are used by DOH to calculate a water system's capacity. For example, if a system has been determined to have capacity to serve 100 single family homes, it would be able to serve any combination of commercial, industrial, or residential customers equivalent to the needs of 100 single family homes, that is, 100 ERUs. Currently Bremerton has the capacity to serve in excess of 50,000 ERUs. The Puget Sound Naval Complex is equivalent to about 10,000 ERUs. Bremerton s ERU value of approximately 200 gal/day/ERU is on the low side when compazed to other systems in Kitsap County and the state. Reasons for this include: Smaller urban lot sizes common in the service area use less water for landscaping. A high rental population - Bremerton is about 609'o rental housing while the national average is about 40%. Renters may tend to use less water, since they sometimes do not have dish or clothes wahssers and usually do not use as much water maintaining landscapes. es� e�� An effective conservation program. Bremerton has actively worked with customers on conservation since 1992. An effective public awareness campaign during the summer 2001 drought. Bremerton requested 10% voluntary conservation and customers saved 18% that summer. Customers � appear to be continuing �e-conservation A relatively high sewer rate based on water use. The ERU values for Bremerton continue to decline. This is due to the reasons listed above plus the implementation of plumbing regulations in 1992 that require newly-installed toilets to use only 1.6 gallons per flush. The City's conservation program is expected to reduce per unit consumption by an average of 3% over the next 10 years. Domestic unit demands are then expected to remain constant. Future Demand The �99 2005Water System Plan demand projections were based on data from the � 2000 census and the �99� most recent Bremerton Comprehensive Plan. . Figure 3 presents the population forecast used. The �99�3 2005 Water System Plan ideniifies needs for a 20.yeaz planning period from �999 2005 to �3 2024. During that time it is expected that ADD will increase from 8 MGD in � to � Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 63 Exhibit C.2 MGD by year �9. MDD is expected to increase hom �415.6 MGD to � 22.6 MGD during this same time period. Figure 4 presents the demand forecast used. Residential Po lallon Forecasts oi Br�t�ton Main S tem Water Su Area Bremertoa Retail Water Service PopalsHon 9erved by Hremerton T Ares Po ulatbn Tdron d Coatraet p Y�' inside Oudide Jacktou Rocky Point �^'� b Y CUy Ci1y Total � � Perk Navy Water Cky ot Limlts Limlh IMF Housing DisMct B S�t m � POPULATION HISTORY 2000 35 t03 t3 1 I 48 314 109 2 047 1 636 52 106 2001 34,009 �3 46 47 56 1040 2 II 1646 32152 2002 33,184 � 3 gZ 46 466 1 972 2 374 1 656 42 468 2003 33,289 �3,317 46,606 2,903 2,538 1,667 53,7I4 2004 32'07g 14 03 46 8! 2 903 2 539 t 704 53 42� (POPULATIOPIFORECAST 200$ 34,431 � 5 090 49 21 2 903 2 540 1 740 56 704 2006 35,002 � 5 77 50 978 2 903 2 54l 1 7�7 58 199 2007 3s'g�2 16,863 52,436 2,903 2,543 1,813 59,695 2008 36,143 17 750 53 893 2 903 2 544 1 850 6l 190 2009 36,714 t 8 637 55 51 2 903 2 545 1 886 62 685 2010 37,285 �9 23 56 809 2 903 2 46 1 923 64180 2011 37,856 20 4I O 58 66 2 903 2 547 1 959 65 675 2012 38,427 2 � g� 59 724 2 903 2 548 1 996 67 l70 2013 38,998 22 184 61 i 8 t 2 903 2 549 2 032 68 666 2014 39,569 � 070 62 639 2 903 2 550 2 069 70 161 2015 40,139 23 957 64 096 2 903 2 552 2 105 71 636 2016 40,710 24 844 65 54 2 903 2 553 2 141 73 I51 ' 2017 41,281 ZS 730 67,01 ! 2,903 2 554 2 178 74,646 2018 41,832 Z6 617 68 469 2 903 2 555 2 14 76 141 2019 42,423 Z� pq 69 926 2 903 2 556 2 51 77 637 2020 42,994 28 90 71 84 2 903 2 557 2 87 79 132 2021 43,565 Zy �� Z gqZ Z gp3 2 558 2 24 80 627 2022 44,136 30 t64 74 99 2903 2,559 2 60 82 122 2023 �.�08 31 O50 75 759 2 903 2 56! 2 97 83 619 2024 45 08 31 937 '77 145 2 903 2 62 2 433 83 043 Wstioo data snpplkd Dy tAa City of B�euurtoo Depsrtment of Cammoalty Devel�meut witb ehe fdlowing methodoloqa 1. Trnnsportation Analysis Zones (TA� data provided by Kitsap Coumy, November 2004. 2 TAZ Singk Family (St� a�d Multi Family (M� Householdv providcd for base yeaz 2003 and projeaed yeaz 2025. 3. SF arid MF Hauscholds a�egated a total number oP 6ouseholdv per YAZ 4. Siugle Famity (SF) and Multi Family (MF� Householdv for Z000 from dma pneQaicd az time oP 2004 Brertcec[on Compre�nsive Plaa .itaap Hauehold Size from "Illusnnlive Household mrd Person per Houselrofd Projectlons Usurg the GMA Population Projections: 005 & 10/D" CTED. 6. 2010 Hwse6dd Size for Kitvap Caunty, Crom Altemative 2 Tmnded Headvhip Rates (assumed), see note 5 ebove. 7. 2000 Historical Figure from TAZ figmes uscd at time of Bremerton December 2004 Comprehensive Plan. S. Mdysis is diffe�ent fmm 1999 WSP, as PSNS and Jacicson Padic populations were included in the City's population. 'hanges fmm 1999 WSP: Populatioo for PSNS and Jacicson Pa�t now scpacate fmm the City's, a� Tracyton �row included in hitside City Limita Figure 3 Source: �99�9 2005 City of Bremerton Water System Plan Update Cit�of Bremerton Comnrehensive Plan City Service Appendix CS Appendix - 64 Exhibit C.2 City of Bremerton Main System and Contracted Water Sales Historical shaded and Forecasted Water Use b T e of Use in MGD Singlc-family Mul4-family Commercial Irrigation Navy Contracu �an-reveoue Watcr Rocky C � a � A De Me: Day A Daese Maa Day Recidcatial Residcatial Polot ry Y Dcmaod y Dcmand Year Wa Port Demand Wit6out Demend Wit6 With WltAout Wit6 Wit6out Wit6 Wit6out With WI[6out Wit6 Wit6out WItA Wit6out p � s �� Orc6erd Wit6out Coottr- W �� h Copcer- Coqscr- Cooser- Conser- Conser- Cwser- Couscr- Conser- Couscr- Cooser- Conseo- Conaer- Conser- Coptract Conser- Couser- V81I00 V8lI0Y V8[IOq Y8II00 Y8[I00 V81I00 V8[I00 VBII00 V81IOp Y81I00 V8[IOq V8U00 CODI�BC� Y8II00 YBIIOG YBIIOU VBIIOO 1999 2.54 NA 0.82 NA 0.96 NA 0.20 NA 2.70 NA 0.54 NA • 0.12 0.08 7.96 13,46 2000 2.51 NA 0.80 NA 0.88 NA 0.22 NA 2.51 NA 0.71 NA 0.12 0.13 7.87 13.90 20111 2.32 NA 0 76 NA 0.88 NA 0.18 NA 2.62 NA 0.52 NA 0.10 0.00 7.38 11.56 2002 2.55 NA 0.77 NA 0 86 NA 0.23 NA 2.35 NA 0 22 NA 0.12 0.04 7.14 1430 2W3 2.48 NA 0.71 NA 0.91 NA 02S NA 2.40 Nn 0.29 NA O.IJ 0.04 7.24 14.50 2004 2.63 NA 0.69 NA 1.06 NA 0.30 NA 2.27 NA 0 30 NA 0.13 0.05 7.43 14.88 2005 2.77 2.80 0.74 0.74 1 13 I 13 0.32 0 32 2.23 2 28 0 44 0 45 0.13 0 OS 7 91 I S 82 7 81 I S 63 2006 2 85 2.88 0 76 0.76 I.16 1 17 033 0 33 2.19 2 28 0.45 0 46 0.14 0 10 8.I2 16 24 7.98 I S 95 ' 2W 7 2.92 2.96 0 77 0 78 1 21 1 22 0.34 034 2 14 2.29 0 47 0 48 0 14 0 25 8 47 16.93 8.24 16.48 2008 2.98 3.04 OJ9 480 1 25 I 26 035 0 35 2.10 2.30 0.47 0.49 0.14 0.25 8.63 17 27 834 16 67 2009 3.IW 3.12 0.81 0.82 1 29 131 0 36 0 36 2.05 2.31 0.48 0 50 0.14 0 25 8.81 17 62 8.42 16.85 2010 3.10 3.20 0.81 0 84 1.33 I 35 036 0.37 2.06 231 0 48 U.51 0.15 0.25 8.98 17.96 8.54 17.08 2011 3 I S 3.27 0 84 0.86 1.37 1;9 037 0.38 2.06 2 32 0.49 0.52 0.15 0 25 9.15 18.29 8.69 17 37 2012 3 22 3.35 0 86 0.88 I.45 1.48 038 0 39 2.U7 2 33 0.50 0.53 0.15 U.25 9.37 18.73 8.89 17.77 2013 3.27 3.43 0.88 0.90 1.5J 157 0.39 040 2.08 2.34 0.51 0.54 0.15 0.25 9.59 19.17 9.07 1813 2014 3.33 3.51 O.HO 0.93 1.61 166 0.40 O41 2.08 2.34 0.52 0.56 0.16 0.25 9.81 i9.62 9.25 I8.51 2015 3.40 3.58 O.H2 O.95 1.70 1 75 0.41 0 42 2.09 2.35 0.54 0.57 0.16 0.25 10 03 20.06 9.47 18.94 2016 3.48 3.66 0.94 497 1 73 1.83 0 42 0.42 2.10 2.36 0.54 0.58 0.16 0 25 10.24 20 47 9.62 19.23 2017 3.55 3.74 0.96 099 I.SS 1.9(1 0.43 0.43 2.10 2.37 0.56 0.59 0.16 0.25 10.44 20.87 9.87 1973 2018 3.62 3.82 0.98 I.01 1.94 1.99 0 43 0.44 2.I 1 237 0.57 0.60 0.17 0.25 10.66 2131 10.08 20.16 2019 3.70 3.89 I.00 1.03 2.01 2.07 0.44 0.45 2I2 238 0.58 0.61 017 015 10.86 21.73 10.27 20.54 2020 3.77 3.97 1.02 I.OS 2.09 2.15 0.45 0 46 2.12 239 0.59 0 63 0.17 0.25 11.07 22.15 10.47 20.95 2021 3.iW 4.05 I 04 1.07 2.16 2 24 0.46 0 47 2.13 2.40 0.61 0.64 0.17 0.25 11.29 22.59 10.69 21.38 2022 3.92 4.12 I.O6 1.09 2.25 2 31 0.47 0 48 2.14 2.40 0 62 0.65 0.18 0.25 1 I 49 22.98 10 88 21.76 2023 3.99 4.20 1 OS 1.1 1 2.34 2 40 0.48 0 49 2.14 2.41 0 63 0.66 0.1 S 0.25 11.71 23.42 I 1.09 22.19 2024 4.06 417 I.10 1.13 2.42 2 48 0.49 0.50 2.15 2.42 0 64 0.67 0.18 0.25 I 1.91 23.83 11.29 22.58 Assumpuons: 1. Smgle Fam�ly water use w�ll mcrease at ihe same rate as populat�on gowth. New homes will be built wrth water e�cient plumbmg according to �he federal Energy Emciency Act. 2. Muln-Gundy water use wdl mcreasc nt �he same rote as populahon grow�h. New units w�ll be built with water e�cient plumbmg uccordmg to the federal Energy Efticiency Act. 3. Commerc�al wacer use will mcrease at the same mte ac population grow�h. Add�uonalty, the West Hills mdustrial area is ent�ciputed a begm m 2007, and the IGisap Lake mdusmal areu is anuc�pared lo begm m 2012. 4. Imga�on use wdl mcrease at the swne mte as populanon growth. 5. Nury mdustrial use wdl decrease with �mplementanon of conservat�on programs. Nuvy res�denonl use wdl mcrease slightly w��h populahon. 6. Rceky Pomt wuter use wJl �ncrease at �he same mtc us populaaon gowth for tha� area. 7. C�ly of Pon Orchard wa�er use wJl mcrease lo Ihe max�mum amount allowed in �he mtedocal ugreement. ' 8. Non-revenue W ater assumed to be 6 percent of �otal cus�omer water sales. 9. ForecuyteJ Maz�mum Day Demand �s forecmteJ Average Day Dem:md muluphed by 2 10. Assumphoas useJ �o calculate demands unJer the "wLLh conservauon" scenano are descnbed m Sec�ion 2.5.2. Figure 4 Source: �39 2005 City of Bremerton Water System Plan Update Cit�of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 65 Exhibit C.2 West 517 Zone Historical (shaded) and Projected Water ADD in MGD Water Uae Within �7est 517 Zone System Water to Other 3ystems ' Total WeSt Total ERUs South ICitsap Aero Mobile west 517 Year Golf Course Intertie to 517 2one Commereial =rriga Industrial Total � sys statea (Master Zone Area Meter) 1999 0.035 0.208 0.000 0.293 0.010 0.015 0.268 1,340 2000 0.035 0.209 0.000 0.239 0.000 0.012 0.251 1,255 2001 0.035 0.135 0.000 0.170 0.020 0.012 0.202 1,010 2002 0.035 0.181 0.000 0.216 0.130 0.010 0.356 1,780 2003 0.035 0.178 0.000 0.213 0.350 0.019 0.577 2,885 2004 0.035 0.180 0.000 0.215 0.420 0.011 0.646 3,230 2005 0.035 0.200 0.000 0.235 0.150 0.013 0.398 1,990 2006 0.035 0.200 0.000 0.235 0.150 0.013 0.398 1,990 2007 0.035 0.200 0.000 0.235 0.150 0.013 0.398 1,990 2008 0.035 0.200 0.000 0.235 0.150 0.013 0.398 1,990 2009 0.035 0.200 0.000 0.235 0.150 0.013 0.398 1,990 2010 0.075 0.200 0.090 0.365 0.150 0.013 0.528 2,690 2011 0.090 0.200 0.180 0.970 0.150 0.013 0.633 3,165 2012 0.105 0.200 0.270 0.575 0.150 0.013 0.738 3,690 2013 0.120 0.200 0.360 � 0.680 0.150 0.013 0.843 4,215 2019 0.135 0.200 0.450 0.785 0.150 0.013 0.948 4,790 2015 0.150 0.200 0.540 0.890 0.150 0.013 1.053 5,265 2016 0.165 0.200 0.630 0.995 0.150 0.013 1.158 5,790 2017 0.180 0.200 0.720 1.100 0.150 0.013 1.263 6,315 2018 0.195 0.200 0.810 1.205 0.150 0.013 1.368 6,890 2019 0.210 0.200 0.900 1.310 0.150 0.013 1.473 7,365 2020 0.225 0.200 1.000 1.425 0.150 0.013 1.588 7,990 2021 0.240 0.200 1.100 1.540 0.150 0.013 1.703 8,515 2022 0.255 0.200 1.200 1.655 0.150 0.013 1.818 9,090 2023 0.270 0.200 1.300 1.770 0.150 0.013 1.933 9,665 2024 0.285 0.200 1.400 1.885 0.150 0.013 2.098 10,240 Assumptions: 1. Commercial use in the West 517 2one is assumed to increase through the McCormick project and NASCAR. 2. Golf course irrigation will stay the same on average. Values are total use averaged over the year. 3. SKIA will grow according to the estimate provided in the 1999 Subarea Plan between 2010 and 2024. 4. Intertie to the Main System varies depending on needs; value used is the average from 1999 to 2004. 5. Aero Mobile Estates is at build out; value used is the average from 1999 to 2004. 6. ERU calculated using value from the Bremerton Main System: 200 gallons per day per ERU for ADD. 7. More water than usual was supplied through the intertie in 2003/04 due to drier than normal weather. Figure 4 Source: 2005 City of Bremerton Water System Plan Update �i of 8remerton Co�rehensive Plan City Service Appendix CS Appendix - 66 Exhibit C.2 Proposed Facility Improvements Water Utility improvements are discussed in more detail in the �999 2005 Water System Plan Update. Chapter 9 of this plan outlines a 20-year Capital Improvement Plan (CIP). Each year the Utility fine-tunes its 6-year CIP which is presented at the end of this section. Water Sources The Water Utility has sufficient water to meet demands for the next six yeazs. From a water rights standpoint, the Water Utility has apg� sufficient water rights for the near future. ' s��t��a�teetts��—�e�ee� �e a��ess-t�tese-�ss��«Q��'� To ensure reliability and redundancy, it is the Utility' s goal to be able to meet average day demands with groundwater only. Future water rights will be from groundwater. The Water Utility has several water rights applications submitted to Ecology: Change application for five Domsea Wells with a priority date of 1992. New application in Gorst for 1,000 gpm with a priority date of 1992 One new application for We1121 with a priority date of 1992 One new application for 1,000 gpm for We119 with a priority date of 1994 Processing of new applications has been stalled for many years due to staffing and resources at Ecology. Ecology's focus will be on processing change applications first and it is not known when they will begin on new applications. Water Quality Meeting strict water quality standards is a primary objective of the City. Drinking water is regulazly tested at the sources and in the distribution system. To continue to use the �a� Union River source unfiltered, the City should continue to pursue either acquisition or controlling agreements over the remaining 2% of private lands within the watershed, and should vigorously implement the Watershed Control Plan. Responsible operation of the entire water system is crirical to maintaining compliance with the non-filtration status of the surface water treahnent regulations. Even with these precautions, a drastic change in source quality or changes in regulations could require the City to provide filtration. Installation of UV disinfection in 2010 will further enhance Bremerton's ability to remain unfiltered. , Storage The Water Utility was analyzed using hydraulic modeling softwaze program. The evaluarion completed for the �949 2005 Water System Plan indicated that the only future-�ec�ia�e Cit�of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 67 Exhibit C.2 storage deficit was in the West pressure z�4�48 �ones. This deficit will be eliminated by the construction of a�-2.5 million gallon reservoir by 2024. ' These projects aze included in the CIP. Distribution System Improvements in transmission and distribution mains are necessary to improve flows and pressures in certain azeas and to replace sub-standazd mains. The Utility allocates funds each yeaz to address sub-standard mains. Other larger main improvements are also listed in the CIP. Plans of Other Providers There are no other providers of potable water within the City. However, there are several nearby water districts, public utility districts and municipalities that may have interests in local surface and groundwater resources. These include: Silverdale Water District, North Perry Avenue Water District, Erland Point Water District, Sunnyslope Water District, and the City of Port Orchard. The Water Utility has service area agreements with each water system with adjacent boundaries. The Kitsap County Coordinated Water System Plan (CWSP), a regional water supply, transmission, and storage plan, was developed by the Water Utility Coordinating Committee (WUCC) and last updated in 2005 � to comply with state law. The plan assesses water supply needs in Kitsap County and presents a program to provide water supply and service to users. The plan provides a process and strategy for existing water utilities to define their role in a program consistent with adopted land use policies and projected growth strategy. ''''�- �AICD :,. Watershed planning for Water Resources Inventory Area 15 (the "2514 process") commenced in 2000. The City of Bremerton �e was one of the initiating governments for this process. The final plan �s was scheduled to be completed in 2005, but was vetoed by the Squaxin Tribe. Six-Year Financial Plan The following chart contains the funding sources, capacity projects, and non-capacity prajects for the next six years. Citu of Bremerton Comvrehensive Plan City Service Append'vc CS Appendix - 68 Exhibit C.2 Project 2010 2011 2012 2013 2014 2015 Watermains 415,000 1,115,000 3,175,000 2,850,000 850,000 1,000,000 Reservoirs 8 Dam 0 295,000 250,000 0 2,850,000 7,250,000 Pump Stations 75,000 125,000 125,000 125,000 125,000 125,000 Water Source (Wells and Surface Water) 0 140,000 100,000 125,000 250,000 575,000 Water Treatment 5,660,000 75,000 0 0 50,000 0 WaterAppurtenances 165,000 365,000 365,000 560,000 290,000 290,000 Buildings 720,000 885,000 900,000 0 0 0 Roads and Bridges 35,000 20,000 70,000 20,000 20,000 70,000 Land 0 135,000 0 0 0 0 Equipment 10,000 35,000 20,000 20,000 20,000 20,000 TOTAL EXPENSE 7,080,000 3,190,000 5,005,000 3,700,000 4,455,000 9,330,000 City of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 69 Exhibit C.2 �aa �oa� aeos �e4s a�a aea� �e aa�es �w �� sa�ne. �e S�a� se �eee - � �� ae�ese�+e� aae-ees � a�-ees aea�s aea�ees ae�ees ase;see ae�eee �-�a�ee an�sseuc�se�s s� �see �ea�¢oe �ees sse-eea }ea� �ee-ees �ee�eee �aees �� w�eee�re a s g e 8 8 aaraceFsyece� � ga� e e s e s a �ual-as�uieit+ea � Metera g9,9A8 �A9A �9�9A8 �8-888 �8 2�896 �889 � AIeEeASt�iea— 29A4-P�#4 LYeethiNs 3 A 9 A 8 8 A �6A8 SEa�i�aEiea I F�6�A99 A A 8 A 8 A giA-689 �� 7,��A89 A 8 8 A 8 �9Cs996 �a�p SEaEie��lew AAeiete 8 39-809 9 8 6 8 A A �Saey�ew�WateF Biet�ei � Rp28e.A 9 9 9 8 9 8 8 uW��i�RS#� �.3:�Saae�,AAairi 8 8 A 8 8 8 A AR�eFBeR-Gie6k ert rehensiv lan g g A 8 8 8 �899 ��e��F��btrvi ce Append CS Ap ix- 70 �ra�ssei,-ti� 8 8 8 8 8 A A lA/esi�ie-s��A�► ReeeA�eiHi�3,-i�= 911� A A 8 8 8 A 8 �AA�889 k�lFelve 8 8 A 8 8 8 8 Exhibit C.2 � � a aeaeee a-Ae�ees a-ees�ess e e g e a�ee-e�e �e� �� s 8 8 8 8 g e � 4a=as:-�a/ateF AAaia--Rine-te 8 8 �A 8 8 8 9 8 8 9 8 9 9 8 8 24=-Ri�e�e►� SEreet-iFeaa-Aysteic �aY-te-INsiier+al Ave. A 8 A 8 2G9,AaA �6,A6A A 8 �.,�A8�689 ��kes Bive�siew 8 �A99 8 8 8 8 9 8 GeveFfe� 8 8 8 8 8 39�9A9 9 A �988 9 8 3�9,898 8 8 8 8 8 �� PS� 8 8 8 �-899 8 9 9 9 8�-pg9 Re�lase�Well-i� 8 8 �3,9A8 9 8 8 9 8 �� @ele�N-AAeMGeppa �aus-�II�eiF 6 9 A SA $A9 A 8 A ��esieFSEaEiea-3 �a�yeu�u g g �e-ees a e e a e aae-�� s g e au� e e a g a�,Aee �aaa�►- aaea�+u�a�.�. s�,-ie�-a�, g e g �ees g g o g ��a,e� e a s �eoa a g s g �=aaa�-a:��s S�keef6eaaestec e e A e a e e G9I�-AA9NRta1R GeIA�Ge�►FSe 8 8 A &69�8A9 8 6 8 8 �8�999 � � 8 8 8 8 8 8 8 A�eeentei�-Ne-34 8eraeliEiew 8 8 A 8 34�808 A 8 8 347-8A9 Re�9�4We14#8 A 9 8 8 3324869 8 6 8 332,886 aAle14#8 FkleiiaatieR-8. 8 A 9 8 8 8 8 �99A MaaeEte-�adge �W�1�ec�lAaia-aAA4 lselaEiewalafve 8 A 8 8 A 9 8 �989 42=�isiaAlateF AAaia--�3fk�StrB 9 9 9 8 8 �44�99 A 9 64A-888 Pipe-Rea�--AAs �2=1A1ate�AAaiw A 8 8 8 8 8 8 38��488-Ze�►e 8 8 9 8 8 2�i 8 8 �999 8 8 8 8 9 �99,�89 8 8 �A,A89 Citu of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 71 Exhibit C.2 �� e e e a e a e e s � s� sa�e,ees � se�ees a�,�e ssa�eos �oa� � � �easee �.aee �eee aea,see aee-eee aae-ess aeases �oos �ee.ees �e�seiea �,�e�,ees �,aee�eee �ee,ees sa+�asse�s e a e a g e e c�xa �ee-ees e e e g 8 8 e s�-E�ea�- s�vs�� a-e�a-esa 8 e a 8 e e � �- a e g s a s s �ss e e e a e e e �� se�e.s �a�aeee s�a��ae �� s Se se �se ss se ss �- ��► ae.e�es �� sa�ita4eF�%et � alalea CihLof Bremerton Comprehensive Plan City Service Appendix CS Appendix - 72 Exhibit D.1 Bremerton has a complete bicycle route network that extends through East and ■ Kitsap Way (SR-310) -11th to West Bremerton. However, most of the National (LOS D approaching LOS E) bicycle routes do not have dedicated ■ Sylvan Way - Wheaton to Petersville bicycle lanes. Lack of bicycle lanes on (LOS D approaching LOS E) designated routes is a safety problem • Warren Avenue (SR-303) - Callahan to not only for bicycle riders but also for Sheridan (LOS D approaching LOS E) drivers of automobiles. Exceptions to ■ Wheaton Way (SR 303) - Sheridan to this status-quo include the recently Riddell (LOS D approaching LOS E) constructed sections of SR 304, which has dedicated bicycle lanes, and Kitsap . Operational, Safety, and Other Way, which has wide-shoulders which D'ciencies could be made suitable for use by �, bicyclists. �.� . �^' �� - �:� .r.�.. - In 2007 the Non-Motorized -��" Y ' '°`'�� £ w � ti Transportation Plan (NMTP) was � ; y y ��_ __ _ , 1 integrated as an element of the '„�'� . � � .� —'="= - - � a —�;_-:_ : ._:_ t. . Comprehensive Plan by Ordinance ` -, �..w ��` - . , , #5037. � ,- ,�.: � ' � � L �. . In 2009 the Commute Tri Reduction ' �� "` �� -:.,.:�.,:� r �-��_- __---_ (CTR) Program was integrated as an ��-'`'"""� • '�"""� element of the Comprehensive Plan by Discussions with City staff and the Ordinance # � Bremerton Citizeri s Advisory Committee identified other existing transportation Both of these plans (NMTP & CTR) system deficiencies. These deficiencies work towards the goals outlined in the include: Auto Center Way between Kitsap comprehensive plan to reduce Way and the SR-3 southbound On-Ramp; automobile traffic and increase the Loxie Eagans Blvd./Arsenal Way and 1st safety and movement of pedestrians. Street to SR 304 connections; Lower Please see full plans for details of �eaton Way between Sheridan Road and implementation and goals. Callahan Drive; Warren Avenue at 11th Street; and, the Downtown Core. Existing Defic°iencies The future transportation improvement plan, discussed in Chapters 4 and 5 of the Appendix, include improvements to Roadway Capacifij Deficiencies address the operational deficiencies in As required by GMA, existing these azeas. transportation system capacity deficiencies have been identified based on the LOS analysis described in Section 2.4 of the Transportation Appendix. The following existing roadway sections exceed or are ctose to exceeding this Level of Service D threshold during the PM peak hour: City o�'Bremerton Comprehensive Plan TR_6 Transportation Element Exhibit D.2 Transportation Appendix - 2009 Update The current Bremerton Comprehensive Plan - Transportation Element was prepared in 2004. That plan identified a number of roadway capacity, operational and safety; transit service and facility; ferry service and facility; pedestrian and bicycle; transportation demand management; transportation system management; and traffic calming strategies, programs, improvements and projects. A significant number of these have been completed and a number of them have yet to be completed. The guiding visions, goals and objectives have not changed and will continue to guide the development of the City's transportation system until a major review and update of the Transportation Element is completed. As projects have been completed additional projects have been identified to add to the list that is consistent with the vision of the 2004 Plan. Following is a summary of the status of the major elements of the 2004 Plan and the proposed elements of the extension of the Plan. This summary forms the basis for the Six Year Transportation Improvement Plan (TIP) that guides the City and State and Federal funding agencies, in its transportation project development. Completed Projects Projects that have been completed since the 2004 Plan was adopted include: 1. SR304 Improvements from Downtown to SR3 2. SR303 Off ramp to Callahan Drive 3. Auto Center Way On ramp to SR3 4. Downtown Bremerton Transportation Center (BTC) Access Improvements - Tunnel 5. Adoption of the Bremerton Non-Motorized Transportation Plan (NMTP). Projects to be Completed and Additional Projects The following comprise the current list of projects that are in support of the vision, goals and objectives of the 2004 Plan. This list includes projects identified, but not completed due to funding limitations, as well as new projects that have funding secured or potential funding to be pursued. 1. Downtown Traffic Circulation Plan - With the completion of the BTC Access Improvements significant opportunities exist to restructure the auto/ truck and non- motorized traffic flow to enhance the redevelopment of the azea. This project will analyze various options that are now possible. 2. Manette Bridge Replacement - The Washington Department of Transportation is currently designing the replacement for the Manette Bridge that was originally constructed in 1929. This $83million project is totally funded by Federal Bridge Replacement Program funding, with construction starting in the spring of 2010. 3. SR303 at 11� Street Intersection - This $1.7million project improves the intersection operations and safety by extending the southbound right turn lane. Eighty six percent of the cost is provided by Federal grants. Exhibit D.2 4. Bremerton Highway/Pedestrian Safety Improvement Program -,This $.9 million project improves vehicular and pedestrian safety at a number of high accident locations throughout the City and is funded fully by a Federal safety grant. 5. Wheaton Way at Schley Canyon Landslide Restoration - T'his project restores the culvert and roadway embankment washed out by the storm event of December 2007. Up to $500,000 has been approved for reimbursement by the Federal Highway Administration (FHWA) for this work on an 86.5 percent grant basis. 6. Pacific Avenue Improvements - The FHWA has approved an 86.5 percent grant up to $3million to reconstruct Pacific Avenue, kom 6� to 11� Streets, in a pedestrian/bicycle friendly manner to foster "sustainable' redevelopment. In addition, approximately $400,000 has been made available by the State to reconstruct Pacific Avenue from Burwell to 5th. 7. City Street Pavement Preservation Program - The Bremerton Transportation Benefit District, if approved by the voters, would provide approximately $675,000 per year for repaving of City streets. 8. City Sidewalk Program - The Bremerton Transportation Benefit District, if approved by the voters, would provide approximately $225,000 per year for construction of new sidewalks. 9. Green Streets Program - Portions of 7th, gcn and 10� Streets were identified, in the Downtown Sub Area Plan for redevelopment using "green' or sustainable design principals. These streets, as well as others, will be redeveloped as anticipated State and Federal grant funding for green/sustainable street projects become available. 10. Non-motorized Transportation Plan(NMTP) Projects - A list of bicycle and pedestrian improvement projects were identified in the NMTP. These projects will be developed as available funding sources become available. 11. Marine Drive Non-Motorized Transportation Improvements - This project was identified in the NMTP and will be constructed as resources become available. It is anticipated that planned utility work in the street corridor may provide an opportunity for this work to be completed as part of the street restoration phase of the utility work. 12. Pine Road Non-Motorized Transportation Improvements - This project was identified in the NMTP and will be constructed as resources become available. 13. Harrison District Traffic Circulation Improvements - The Harrison District Plan, adopted in 1996, identified various traffic circulation improvements for the area. These improvements will be developed as resources become available. Exhibit D.2 14. Oyster Bay Avenue Improvements - The redevelopment of the Westpark Neighborhood as Bay Vista is anticipated to create improvement needs to Oyster Bay Avenue. These improvements will be developed as resources become available. 15. Wheaton Way at Magnusson Way Intersection Improvements - The redevelopment of the Eastpark Neighborhood is anticipated to create traffic signal needs at this intersection. These improvements will be developed as resources become available. 16. Arsenal Way/Patton Avenue Safety Improvements - This project was identified in the 2004 Plan and includes curb, gutter, sidewalks, lighting, roadway widening, and intersection improvements. These improvements will be developed as resources become available. 17. Bremerton Airport Area Transportation Issues - With the annexation of the Bremerton Airport and the development of the surrounding airport environs issues will develop regarding the improvement of access to and from the Airport, including the Cross-SkIA Connector. These improvements will be developed as resources become available. 18. SR303 Transportation Corridor - The 2002 SR303 Corridor Study identified this as a long range major multi-modal regional corridor improvement project. These improvements will be developed as resources become available. 19. SR3/SR16 Improvements - T'he 2009 Bremerton Economic Development Study identified a wide range of improvements to SR3 and SR16, including improvements to the highway through the Gorst Area. This major regional project is long range in nature and will be developed as resources become available. 20. Traffic Calming Program - The 2004 Plan recommended traffic calming as an important consideration in the City's overall list of transportation activities. Interest in this topic by neighborhood groups and individuals is on the increase. A policy and a"seed" money budget should be established to assist neighborhood groups in developing appropriate traffic calming measures. Exhibit D.2 Transportation Improvement Program Summary Table Project 2010 2011 2012 2013 2014 2015 Downtown Traffic Circulation � 25,00p ' j Bremerton Hi hwa Saf Im rovement Pro am ' 940,000 =R � .�8�x_eh' P �' SR303 at 11th Street Intersection 1,298,000 730,000 � Wheaton Way at Schley Canyon Landslide Restoration " 500,000 C �_� Pacific Ave Improvements - Burwell to 5� _ 900,000 � ---------------- - _—_ --- --.._..---- --------------------- ---- ------------ Pacific Ave Im provements - 5� to 11� 505,000 2,500,000 � � Ci ty Street Pavement Preservation � � 337,500 33 7,500 337,500 337,500 337,500 337,500 Ci Sidewalk Im � 112,500 112,500 112,500 E 112,500 112,500 11 52 00 Green Streets Program_ _ _�_ � 800,000 800,000 ----------- - ----- ---- -----_ _-------- —�— -- ---- SR304 Navy Yaz HWY Stage 1D � 80,000 Pavement CondiHon Rating � 35,000 � i _ Miscellaneous � i 25,000 �. rt —_ � _�. � Arterial Street Signag 10,000 ' � --- � ---�-- �� ___ _ ------- —� �__ � Total � 4,768,000 � 4,480,000 � 1,250,000 � 450,000 i 450,000 # 450,000� � Exhibit E.1 Piease see previously provided 2008 Stormwater Management Plan Update (On flle in Council office and on Web at http://www.ci.bremerton.wa.us/disalav.aha?id=10391 Exhibit E.2 StOrmwater' The City of Bremerton (City) approved its Stormwater Management Plan in 1996. The 2008 Stormwater Management Plan (Plan) provides a guiding document for stormwater management and operational planning to meet regulatory requirements. The 2008 Plan update addresses the necessary changes due to changing Federal and State laws, permit requirements and programs, most notably the National Pollutant Discharge Elimination System (NPDES) Phase II Permit and Puget Sound Partnership's agenda. The object of the update is to describe the specific program enhancements, staffing and resources needed to meet these requirements. The Purpose of the plan update is to evaluate the present operations, staffing and capital improvements of the City's stormwater program, suggest improvements to enhance the performance of the program to meet regulatory requirements, and present an approach to fund and implement the needed improvements. Existing Conditions The City established its storm water utility pursuant to Ordinance 4454 in 1994 as codified in the Bremerton Municipal Code 15.04. The Bremerton City Council approved the City of Bremerton Storxnwater Management Plan final report in 1996. Stormwater Utility rates are provided for in BMC 15.06.05. The City uses the 1992 Stormwater Management Manual for the Puget Sound Basin, published by the Washington State Department of Ecology (Ecology), and the 1997 Kitsap County Stormwater Management Manual as the technical basis for managing stormwater from new development within the City. Regulatory Requnrements The NPDES permit program is designed to reduce or eliminate the discharge of pollutants to surface water. The NPDES Phase II Permit for "small" municipal separate stormwater systems was finalized by Ecology in January 2007, and issued to the City with an effective date of February 17, 2007. Minimum Control Measures T'he following six control measures must be implemented as part of the stormwater management program under the NPDES Phase II Permit: • Public education programs and outreach activities about the impacts of stormwater. • Public involvement/participation in the developmet, implementation and review of the stormwater program. • Program to detect and eliminate illicit discharges to the City owned strom drain system. Cit�of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 50 Exhibit E.2 • Program to reduce pollutants in stormwater runoff associated with construction, new development and redevelopment projects. • Operation and maintenance (O&M) program for post construction stormwater facilities. � Pollution prevention and good housekeeping of municipal facilities. The City is currently in compliance with NPDES requirements and timelines; however, several actions are needed in 2009 to remain consistent with permit conditions. Table ES-1 summarizes compliance requirements and schedules for those elements where action is needed. Table ES-1. Summary of Key NPDES 11 Permit Near Term Compiiance Needs Compliance Program Element Date Recommended Action Program compliance, implementation and Identify program organization prioritization system January-09 and action plan Update BMC technical standards, BMPs and Update BMC and adopt 2005 enforcement provisions August-09 Ecology Manual Development site inspection and verification Identify staff responsibilities program August-09 and develop database Develop maintenance program for public and private facilities August-09 Develop O&M Plan Annual inspection of all permitted stormwater Develop O&M Plan and facilities including private August-09 database Staff training for IDDE Control, 08M & Develop training curriculum Pollution Prevention August-09 and implement Develop O&M Plan and Annual inspection of all stormwater facilities February-10 database Policies and procedures for reducing pollutant Inventory facilities and needs, loadin from Cit facilities Februa -10 develo olicies Low Impact Development The City is participating, along with other Kitsap County jurisdictions, in development of technical design standards to aid in implementing low impact development (LID) techniques. These LID techniques emphasize storm water management methods that reduce impervious areas, retain vegetation and maximize on-site infiltration. T'he Kitsap Home Builders Association (KHBA) is currently leading the LID standard development process, under a grant agreement with Ecology. The City intends to begin implementing LID regulations in 2009. Capital Improvement Plan City of Bremerton Comprehensive Plan City Service Appendix CS Appendix - 51 Exhibit E.2 The purpose of the Capital Improvement Plan (CIP) is to identify facilities needed to improve stormwater collection, conveyance, quantity control and quality control. Projects identified for the CIP were developed from City personnel based on their experience with the system, review of previous City Stormwater Management Plans, and inspection and evaluation of existing City facilities. A total of 9 projects were evaluated as part of the CIP analysis. Each project included a description of the purpose and need, schematic design, relative priority, and planning level cost estimates for each project. Table ES-2 presents a summary of the anticipated five-year CIP. Table ES-2. Stormwater Capital Improvement Plan Project 2010 2011 2012 2013 2014 2015 City Catch Basins 20,000 20,000 20,000 20,000 20,000 20,000 Easipark Stormwater Outfail 88.000 Sheridan Conveyance 72,000 100,000 Storm Drain Reptacement 185,000 100,000 550,000 100,000 100,000 100,000 Culverts 25,000 334,000 28,000 Collection Systems 16,000 16,000 148,000 LID 150,000 150,000 150,000 150,000 150,U00 150,000 Total 540,000 720,000 764,000 418,000 270,000 270,000 To improve potential grant funding opportunities, it is recommended that the City develop a supplemental CIP list that consists of projects that address water quality corrective action, water quality enhancement, and/or habitat restoration needs associated with stormwater management. All of these supplemental project types fall generally within the mission of the stormwater utility. This supplemental CIP would identify potential funding sources, and would be implemented subject to receipt of applicable grant funding. T'his supplemental CIP should be adopted as an addendum to the SWMP so that the City can document that the projects are part of an approved plan - a criteria that is often an essential requirement for grant funding. Existing Revenues and Costs The primary source of revenue is the collection of the monthly user fee which is assessed based on an Individual Service Unit (ISU). T'he fee is currently $8.06 per ISU per month. Monthly user fees account for about 92 percent of revenue. Investment interest, permits, fines, and other revenues account for the remaining eight percent of the annual revenue. Total revenue in 2008 from all sources is estimated at $3,799,165, which includes a$1,787,154 carry-over fund balance. Expenditures in 2008 were $2,337,943 (excluding year end fund balance}. Capital expenditures accounted for about 16 percent of the total annual expenditures during the period. Estimated Future Revenue and Costs Costs associated with the stormwater program are expected to increase slightly during the next five years in order to comply with NPDES permit requirements, as well as implement planned capital improvement projects. Cost increases are associated with additional O&M, labor, equipment and supplies, as well as administrative costs to better manage and maintain the existing systems. Between 2009 and 2013, annual costs are expected to range between approximately $3.5 million and $4.25 million. Citu of Bremerton Comprehensive Plan City Service Appendix � Appendix - 52 Exhibit E.2 A comprehensive outline of the Capital Facility Needs and funding are provided in the 2008 Stormwater Management Plan Update, adopted by City Council Ordinance and incorporated into the Comprehensive Plan. . . .. €��4�-1:} �aeir��Plaa�e Assas City o,�'Bremerton Comprehensive Plan City Service Appendix CS Appendix - 53 �� ..:..= - - _ , . .. •- - = = -- •.� .�,-_ - - -- - - " � _= ��°- =------ - - _ - - - - �:: - --.:... ' - ��: - - - _ - - ' � _ �, - -- '��- - _ = = - - - - � - � . . . . .. w_ � _ � � ' � ' ' ' ' ' " ' ' ' ' ' ' ' ' '" ' ' ' ' ' ' ' ' ' ' ' ' ' . . .. ' " " ' ' ' ' _ � ..7. Y_. � ' ' ' ' ' ' ' ' ' ' ' ' " ' ' ' ' ' ' ' ' ' ' ' ' " ' ' ' ' ' ' ' ' ' ' Y. . � Y_ . . ' "''' " ' Y'' ' ' "''' ' ' ' " .... '' ''' '' ''' � Y_ � . ♦ � . • . Y_. • . . .. . ' ". Y' ' ' " ' ' ' '. . _ . . . . _ . . _ . . ' ' ' . . _ . Y_ . ' "' ' ' " " " "' ' ' " ' " ' ' . . . . .. ' "' "' Y. . . �! .'' 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Call to Order The meeting was called to order by Chairman Wheeler at 5:30 p.m. II. Roll Call Those present were: Commissioner Hoell, Commissioner Kosusko, Commissioner Mosiman, and Chairman Wheeler. Commissioners Cockburn, Kennedy, and Streissguth were excused. Quorum certified. � Atso present: Andrea Spencer, Lindsey Sehmel and Pam Bykonen (DCD staf�, Mike Mecham and Larry Matel (Public Works) and Wyn Birkenthal (Parks). III. Approval of Agenda Chairman Wheeler introduced the agenda. A motion was made by Commissioner Kosusko and seconded by Commissioner Mosiman to approve the agenda as presented. It was agreed by • generai consensus to approve the agenda as presented. IV. Approvat of Minutes The minutes of the Regular Meeting held on August 18, 2009 were presented for approval by Chairman Wheeler. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to approve the Regular Meeting Minutes of August 18, 2009 as presented. Called for a vote: Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: 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). Chairman Wheeler asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. B. B. Public Hearin� for the 2009 Comarehensive Plan Amendments: Chairman Wheeler opened the Public Hearing for the 2009 Comprehensive Plan Amendments. Lindsey Sehmel, City Planner, gave a presentation on six proposed Comprehensive Plan amendments: adoption of the official Comprehensive Plan land use map, update the City Services element and appendix, update the Transportation element and appendix, amend the � City Services element and appendix to include the 2008 Stormwater Management Plan, Planning Commission Meeting September 15, 2009 Page 1 of 6 DRAFT FOR APPROVAL ON i l/17/09 amend the Transportation element to include the Commute Trip Reduction Program, and a change in land use designation. • Because of the adoption of the Manette Sub-Area Plan and the annexation in the South Kitsap Industrial Area (SKIA) as well as minor cartographic changes, the official Land Use map needs to be updated to reflect the current land use within the City of Bremerton. The City Services e(ement of the Comprehensive Plan needs to be updated to include newly adopted plans from other departments such as Water, Waste Water, and Parks. Amendments to this Comprehensive Plan element wou(d include text to incorporate the new or updated plans. Each plan section wil( also include an updated 2010-2015 Capital Improvement Program (CIP). The Transportation element of the Comprehensive Plan will be updated to inc(ude text for the newly adopted Non-Motorized Transportation Plan, the 2010-2015 Transportation Improvement Program, and the Commute Trip Reduction Program. Larry Matel, Public Works, Managing Engineer, gave an overview of the Stormwater Management Plan Update. The last update to this plan occurred in 1996. A Comprehensive P(an policy gives direction for the Stormwater Management Plan to seek naturat drainage systems to dea( with stormwater (Low Impact Development) which this update addresses. The plan also documents existing conditions, addresses the changing regulatory environment, outlines education and public involvement, identifies il(egal discharges to the drainage system, and monitors stormwater impacts. Refer to the meeting file for the complete updated document. • Mike Mecham, Public Works, City Engineer, reviewed the history and reyuirements of the Commute Trip Reduction (CTR) program. T'he intent of the program is to reduce the number of single-passenger vehicles on the road as well as the number of miles traveled, thus reducing pollution and road congestion. Businesses with 100+ employees must participate in the CTR program. A complete copy of the CTR can be found in the Planning Commission meeting file. Amendment #6 relates to a change in land use designation from Neighborhood Business (NB) to Limited Commerciai (LC) and would affect an area of approximately 6.6 acres located north of Kitsap Way. This property was designated General Business (GB) prior to the 2004 Comprehensive Plan update and was the only site not changed from GB to LC during the update. A comparison chart with requirements for General Business, Neighborhood Business, and Limited Commercia( illustrated the similarities between GB and LC and how the NB designation limited commercial growth in that area. Chairman Wheeler asked if there were any comments from citizens on this item. Chuck Bair, Owner "Kitsap Lake Storage", 6400 Kitsap Way: "We're a neighboring property to this land use designation change area. [Inaudible] Junction is a very vibrant area — I don't know if you go out there much, but it's anchored, of course, by Ralph's Red Apple and the Big Apple Diner. We've recently had Kitsap Lake Storage build out there; pretty extensive complex. Been a brand new insurance building built on the old Lake Shore Restaurant property and Affordable RV is now occupying, very successfully, the old fire hall • behind the Big Apple Diner. So there's a lot of activity out there so we at Kitsap Lake Planning Commission Meeting September 15, 2009 Page 2 of 6 DRAFT FOR APPROVAL ON 11/17/09 Storage, we strong(y support this land use designation change to Limited Commercial. Thank you." • Mark Nesby, 6720 Kitsap Way: "Members of the Planning Commission: Thank you for this opportunity to address the commission regarding the proposed land use change from Neighborhood Business to Commercial. My name is Mark Nesby, residing at 1295 Lakehurst Drive. My wife and I have owned the Red Apple Market from 1977 until 2007 when we sold the business to Glen Correll and Russell Fernandez, both who have been working at the store since 1977. We continue to own the building and operate the Big Apple Diner. In the 30 years we have been there, we have enlarged and remodeled several times. We have served the neighborhood and been supported by them very favorably. The Comprehensive Plan update done in 2005 changed our existing zone from Business General to Neighborhood Business making almost all existing businesses on the north side of Kitsap Way into non- conforming uses. The grocery store, at 15,000 square foot, is not atlowed in Neighborhood Business as the largest building is limited to 5,000 square feet. The Big Apple Diner, at 3,500 square feet, is also not allowed; restaurants in that zone must be no larger than 2,500 square feet. Other businesses in the Kitsap Lake neighborhood have similar issues. By approving this rezone to Limited Commercial, these existing businesses are placed in a zone where they can improve and flourish. There are several new buildings and businesses such as Kitsap Lake Storage that have improved the area and we want to encourage existing businesses and those still to come to upgrade and thrive. The intent of Limited Commercial, as stated in the 2005 Comprehensive Plan is: `to recognize the community's existing general commercial districts outside of designated boundaries or centers on lots zoned General Business in the City, or an equivalent designation in the county on December 1, 2004. The Limited Commercial zone is not intended to be expanded or applied to new properties or areas of the city. We would like to thank Andrea Spencer and the planning staff for working • with the property owners to bring the existing land use in better compliance with the current zoning designation. We encourage members of the Commission to approve this request. On behalf of the land owners and businesses in the Kitsap Lake area, thank you for your consideration." Glen Correll, 6724 Kitsap Way: "I'm the owner of Ralph's Red Appie Market along with my partner, Russ Fernandez back there. We purchased the store almost two years ago now and we've been working there, like Mark Nesby said, since the `70's. For our future, as the current business owners there, and maybe someday owning the building and the land that it's attached to, we would like this land use designation changed in case, in the future, we, as owners, might want to make some changes or extras to our business. Obviously, in this economic time, everybody knows that a lot of businesses are not doing wel(. We, luckily, are doing fairly well and we would like to continue to do that. So we ask that you would approve this change so that in the future we can continue to do well. Thank you." Terry Lugar, 6610 Kitsap Way: "I'm the owner of Roy's Appliance Service in the Kitsap Lake area. We would also be affected by the change and we wou(d definitely like to see it go to Limited Commercial. Our building also wou(d be non-conforming under the current zoning so it would greatly benefit us to [inaudible] Limited Commercial. Thank you very much." Chairman Wheeler asked if there were any additional comments from the public. Seeing none, he closed this portion of the meeting and moved on to Commission deliberation. • Planning Commission Meeting September 15, 2009 Page 3 of 6 DRAFT FOR APPROVAL ON 11/17/09 It was suggested that each amendment be discussed and voted on individually. Amendment #1: Adoption of the O�cial Land Use Map. • No concerns/discussion on this item. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to recommend to City Council to adopt Amendment #1 of the 2009 Comprehensive Plan Amendments. Called for a vote. Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Wheeler: Yes. The motion carried. Amendment #2: Text amendments to the City Services element and appendix. Commissioner Kosusko asked for clarification on what the level of service would be for citizens under the new Parks and Open Space plan. Wyn Birkenthal, Parks & Recreation Director, explained that the Parks and Open Space plan can more specifically tay out a level of service for neighborhood and regional parks as that is a calculable number, but other preserve areas did not have an available standard as a reference of level of service. Andrea Spencer, Director of Community Development, added that what was in the Comprehensive Plan update was a reference to the Parks and Open Space plan and not the complete detai(ed document, just as the Transportation Plan and the Stormwater Management Plan are referenced and not included in their entirety. Commission Mosiman commented that the information on page CS-36, which explained the discrepancy of sewer system capacity numbers based on information the County and the City reported, should remain. Staff wil( add updated text to the document to explain the discrepancy. • Referring to the Water Capital Improvement Plan (CIP), Commissioner Kosusko asked what is planned in 2015 that would cost $7, 250,000.00. Mike Mecham said it is planned to construct two new reservoirs, one near Bremerton Airport and another in West Bremerton, to meet projected water demands. Commissioner Mosiman asked if purchasing additional land for the watershed was included in the CIP; Mr. Mecham said it was. A motion was made by Commissioner Mosiman and seconded by Commissioner Hoell to recommend to City Council to adopt Amendment #2 of the 2009 Comprehensive Plan Amendments with the amendment to include explanatory language to page CS-36. Called for a vote. Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Wheeler: Yes. The motion carried. Amendment #3: Text amendments to the Transportation Element and Appendix. No concerns/discussion on this item. A motion was made by Commissioner Mosiman and seconded by Commissioner Kosusko to recommend to City Council to adopt Amendment #3 of the 2009 Comprehensive Plan Amendments. Called for a vote. Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Wheeler: Yes. The motion carried. Amendment #4: Amend Ciry Services Element and Appendix to include the 2008 Stormwater Management Plan. • Planning Commission Meeting September 15, 2009 Page 4 of 6 DRAFT FOR APPROVAL ON 11/17/09 Commissioner Kosusko noted he did not see a direct reference to the adopted Low Impact Development technical manual in Amendment #4. Larry Matel explained that the City Services Element contains a statement says the City will adhere to the standards of the � Western Washington Stormwater Management manual. The Western Washington Stormwater Management manual requires the adoption the of equivalent [of LID]. Additionally, the LID technical manual has been adopted administratively by the Public Works director. Commissioner Hoell asked if any of the projects listed under Water Capital Improvements were eligible for stimulus money. Mr. Matel explained that one of the requirements for stimulus funding of projects is to be "shovel ready" and the water projects are not ready to begin at this time. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to recommend to City Council to adopt Amendment #4 of the 2009 Comprehensive Plan Amendments. Called for a vote. Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Wheeter: Yes. The motion carried. Amendment #S: Amend the Transportation Element to include the Commute Trip Reduction (CTR) Program. No concerns/discussion on this item although Commissioner Kosusko expressed pteasure for moving forward with a plan that furthers our city's "evolving". A motion was made by Commissioner Kosusko and seconded by Commissioner Mosiman to recommend to City Councit to adopt Amendmeat #5 of the 20Q9 Comprehensive P(an Amendments. Called for a vote. Commissioner Hoell: Yes; � Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Wheeler: Yes. The motion carried. Amendment #6: Change in Land Use designation. Because a Limited Commercial zone cannot be located within a designated center, Commissioner Kosusko was concerned that the "Reserve Center" designation would need to be removed from the proposed change site before it could be redesignated. Andrea explained that when the area was given a reserve center designation, it was with the knowledge that the area needed attention in the form of zoning but it could wait until the 2025 Comprehensive Plan update to make those changes and the reserve centers were noted as areas to look at first when developing sub-area plans. In the interim, commercial activity in this north Kitsap Way neighborhood has continued to grow and planning staff has created new types of centers that are not neighborhood centers, so a land use designation of Limited Commercial would be appropriate for this area. A motion was made by Commissioner Hoell and seconded by Commissioner Mosiman to recommend to City Council to adopt Amendment #6 of the 2009 Comprehensive Plan Amendments as defined in Attachment F. Cal(ed for a vote. Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Wheeler: Yes. The motion carried. A motion was made by Commissioner Mosiman and seconded by Commissioner Hoell to recommend that City Council adopt the amendments to the Comprehensive Plan as • detailed in Attachment I, based on the Findings & Conciusions in Attachment II with Planning Commission Meeting September I5, 2009 Page 5 of 6 DRAFT FOR APPROVAL ON 11/17/09 the amendment of language on page CS-36. Called for a vote. Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Chairman Whee(er: Yes. The motion carried. • Chairman Wheeler closed the Public Hearing. VI. Business Meeting :� A. Chairman's Renort: None. B. Director's Reqort: Andrea Spencer reported thaf tlie:�°Department of Community Development has received a$200,000 grant from the` State to �c:onduct its Shoreline Master Program update. DCD has chosen Parametrix from:a.pool of five �applicants as the consultant and the update is to be completed by 2012. Staff Eias been using alternate forms of pub(ic outreach such as Twitter, blogs, BKAT programs,,and an information tioot}i�at the Blackberry FestivaL � .. �' y .. There is continued planning on the east bridge�.landing of.the new Manette Bridge. WSDOT has indicated there will be room for a round-about whicli will open up additional park space but the plan has not yet been forinal,ized. ,: Zoning code amendments are scheduled ,for:�,Council��:,adoption on October 21, 2009. Comprehensive Plan amendments are:scheduled.for.adoption;ori November 4, 2009. C. Old Business: None: "� , � ,� : � ° � D. New Business: ,�None. �. � � � ��., . ... � � �., , � ' VII::_ � Adjournment Meeting was�adjourned.at 6:53 p.m. The next Regular Meeting is scheduled for October 20, 2009. Respectfully submitted by: . ��'� � Andrea L. Spencer, Executive Secretary Approved by: Greg Wheeler, Chairman • Planning Commission Meeting September 15, 2009 Page 6 of 6