HomeMy WebLinkAbout05/04/2011 AGENDA i
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
MAY 4, 2011
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 —April 20, 2011
C Minutes of Study Session — April 27, 2011
D Approve Contract Amendment to the Interlocal Agreement with Kitsap County for Public
Access Television (BKAT) Funding
E Resolution No 3140 to establish June 15, 2011 as a Hearing Date to vacate a portion of
the alley between Werner Road, Monroe Street, Blumer Street, and Auto Center Boulevard
F Purchase of 12 5% Bulk Sodium Hypochlonte Solution from Olin Chlor Alkali Products for
the Westside Wastewater Treatment Plant
G Amendment of 2011 Budget to include the transfer of balances from Fund 101 Arterial
Streets and Fund 481 Stormwater Utility, and creating Fund 131 Lower Wheaton Way
Reconstruction
H Resolution No 3141 updating Financial Policy 1 -10 -04 regarding the "Approval and
Allocation of Grant Funds"
I Acceptance of Transportation Improvement Board (TIB) Grant for Reconstruction of Lower
Wheaton Way from Lebo Boulevard to the Manette Bridge
6 GENERAL BUSINESS
A Purchase and Sale Agreement for Anderson Cove property located at 2320 19 Street and
owned by Alan G Cady and Carla M Cady
B Resolution No 3139 setting forth amendments to the Bremerton City Charter for
submission to the voters at the November 8, 2011 General Election to Reduce the Size of
the City Council from 9 to 7, and other related changes (Continued from April 20 )
7 COUNCIL MEMBER REPORTS
8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
® Americans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting
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National Kids to Parks Day: May 21st 2011
A Proclamation
WHEREAS, May 21St is the first National Kids to Parks Day organized and launched by the
National Park Trust, and
WHEREAS, National Kids to Parks Day empowers luds and encourages families to get
outdoors and visit America's parks, and
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WHEREAS, it is important to introduce a new generation to our nation's parks because of
the decline in Park attendance over the last decades, and
WHEREAS, we should encourage children to lead a more active lifestyle to combat the
issues of childhood obesity, diabetes mellitus, hypertension and hypercholesterolemia, and
WHEREAS, National Kids to Parks' is open to all children and adults across the country
to encourage a large and diverse group of participants; and
WHEREAS, National Kids to Parks Day will broaden children's appreciation for nature and
the outdoors, and
NOW THEREFORE, I, Patty Lent, Mayor of the City of Bremerton WA do hereby proclaim to
participate in National Kids to Parks Day. I urge residents of Bremerton to make time May
21St to take the children in their lives to a neighborhood, state or national park
DATED this 4th day of May, 2011
National Patty Lent, Mayor
Park
Trust , ..
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PROCLAMATION
WHEREAS, the Bremerton 1134 Unit of the National Association for the
Advancement of Colored People, was founded May 23, 1943, and
WHEREAS, during the long history of the NAACP, the local Chapter has
worked unremittingly within the justice system and have advocated for civil rights to
ensure and achieve equal opportunity and justice for all citizens, and
WHEREAS, Founded On February 12, 1909, the NAACP is the nation's
oldest and largest civil rights organization and in 2009, the NAACP marked its 100th
anniversary, and
WHEREAS, on May 14, 2011, the NAACP Bremerton Unit will host a
Freedom Fund Banquet with the theme, "One Nation — One Dream — Working
Together ",
NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do
hereby proclaim Saturday, May 14, 2011 to be
FREEDOM FUND DAY
and urge all citizens to celebrate the special efforts of the Bremerton NAACP Unit
1134 in improving the quality of life for citizens throughout the region
SIGNED, this 1st day of May 2011
Patty Lent, Mayor
PROCLAMATION
WHEREAS, the Office of the City Clerk, a time honored and vital part of local
government exists throughout the world, and
WHEREAS, the Office of the City Clerk is the oldest among public servants, and
WHEREAS, the Office of the City Clerk provides the professional link between
the citizens, the local governing bodies and agencies of government at other levels, and
WHEREAS, City Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all, and
WHEREAS, City Clerk serves as the information center on functions of local
government and community, and
WHEREAS, City Clerks continually strive to improve the administration of the
affairs of the office through participation in education programs, seminars, and
workshops, and
WHEREAS, it is most appropriate that we recognize the accomplishments of the
Office of the City Clerk,
NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby
recognize the week of May 1 through May 7, 2011, as City Clerks Week, and further
extend appreciation to our City Clerk, Carol Etgen, and to all City Clerks for the vital
services they perform and their exemplary dedication to the communities they represent
SIGNED this 4` day of May 2011
Patty Lent, Mayor
PROCLAMATION
WHEREAS, public works services provided in our community are an integral
part of our citizens everyday lives, and
WHEREAS, the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water, sewers,
streets, highways, forestry /natural resources, equipment services, engineering, public
buildings, and solid waste collection, and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services, and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and
understanding of the importance of the work they perform,
NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby
proclaim the week of May 15 -21, 2011, as
PUBLIC WORKS WEEK
in the City of Bremerton and I call upon the citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works services and to
recognize the contributions which public works officials make every day to our health,
safety, comfort, and quality of life
SIGNED this 4th day of May, 2011
Patty Lent, Mayor
PROCLAMATION
WHEREAS, the Benevolent and Protective Order of Elks has designated
the first week of May, as Youth Week to honor America's Junior Citizens for
they accomplishments, and to give fitting recognition of their services to
Community, State and Nation, and,
WHEREAS, Bremerton Lodge # 1181 will sponsor an observance during
that week in tribute to the Junior Citizens of this Community, and,
WHEREAS, no event could be more deserving of our support and
participation than one dedicated to these young people who represent the
nation's greatest resource, and who in the years ahead will assume the
responsibility for the advancement of our free society, and,
WHEREAS, our Youth need the guidance, inspiration and
encouragement which we alone can give in order to help develop those qualities
of character essential for future leadership, and go forth to serve America, and,
WHEREAS, to achieve this worthy objective we should demonstrate our
partnership with Youth, our understanding of their hopes and aspirations and a
sincere willingness to help prepare them in every way for the responsibilities and
opportunities of citizenship
NOW THEREFORE, I Patty Lent, Mayor of Bremerton, do hereby
proclaim the first week in May as Youth Week, and urge all departments of
government, civic, fraternal and patriotic groups, and our citizens generally, to
participate wholeheartedly in its observance
SIGNED this 11h day of May, 2011
Patty Lent, Mayor
PROCLAMATION
WHEREAS, the 17th day of May is designated as Norwegian
Constitution Day; and
WHEREAS, the Norwegian - Americans have made contributions
significant to the cultural, industrial, religious, and political growth of our
City, State, and Nation; and
WHEREAS, the Norwegian - Americans constitute a large portion of the
population of the City of Bremerton and its hinterland;
NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do
hereby proclaim May 17, 2011
NORWEGIAN CONSTITUTION DAY
and call upon all citizens to share in the recognition of this special culture and
show honor to these people.
SIGNED this 1st day of May, 2011.
Patty Lent, Mayor
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WHAT IS THE KITSAP POGGIE CLUB
The Kitsap Poggie Club is a recognized Washington State non - profit organization that promotes fishing,
crabbing and other family oriented outdoor water activities Our Club likes to feel that we are giving
the families of our wonderful area an outdoor, family oriented alternative in today's very busy,
electronic world
The club provides many free or low cost programs to the people of Kitsap/ North Mason counties
Programs and activities such as our Kids' Fishing Party (this year we had over 500 children, 200 plus
families participating), our support of the Cast For Kid's fishing event at Island Lake, our work with the
handicapped at Camp Easter Seals in Vaughn, the volunteer work we do in improving Jarstad Park in
Gorst, our volunteer work with the Suquamish Tribes' hatchery at Grover's Creek and Gorst and our
sponsorship of 4 young people to attend the WDFW Outdoor Camp on Orcas Island are a few of our
annual community events
We are active at the State level addressing WDFW at the annual North Of Falcon salmon season setting
process We have successfully lobbied WDFW in opening Area 10 and 9 for a summer sports king fishery
and in maintaining a four salmon (no more than 2 kings) limit on the lower Hood Canal We have
members serving on the Puget Sound Salmon Sports Fishing Advisory Board, the Wdlapa Bay Salmon
Advisory Board, PSREF and the Boat Launch Facilities Advisory Board
We hold Fly Tying, Rod Building and Salmon Fishing Basics classes at nominal costs plus materials in co-
operation with the Bremerton Parks Department starting in January of each year
We hold 3 fishing derbies January sees the Club putting on the Glen Jarstaad Blackmouth Derby for
club members The Poggie Club Halibut Derby is again for club members and is held usually in April or
May This year the 1st place prize winner took home $500 In August we hold our Salmon Derby with a
1st prize of $1,000 00 and it is open to the public
Did you know
• March 1948 The club was founded with 12 members Presently we have approximately
230members families Dues are $20 for a family membership
• August 1951 The club purchased the site for the Kitsap Lake public boat launch
• 1954 The club provided the state $1200 for concrete for the Misery Point boat ramp
• 1956 the club shared the expense of installing the Evergreen Park boat launch
• 1969 started raising King salmon at Jarstad Park for six years then restarted in 1981 in co-
operation with WDFW, the Suquamish Tribe and the City of Bremerton till present
• 1970 The club help raise money to buy a rescue boat for the Kitsap County Sheriffs dept
• 1972 the Poggies hung Christmas trees under floats for herring to spawn on
• 2002 put a new roof on the picnic shelter at Glen Jarstad Park
• 2004 donated $500 for planning of the new Misery Point boat launch.
So come loin us for good speakers, pleasant companionship and good outdoor fun. Please feel free to
contact meat anytime to discuss our Club I can be contacted by phone at 360 8714216, e-mail at
1greatrhmo @wavecable com or our web site- kitsappoggieclub corn
Norm Reinhardt, Kitsap Poggie Club President
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BREMERTON CITY COUNCIL
MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
the ne B remerton Family YMCA
Mother's Day Tea - Saturday May 7, 1 -2:30 pm r v
Join us to celebrate the mom's in our lives Enjoy crafts and light,
refreshments; spend some quality time with us and your mom to 4
show her how much she is loved and appreciated.
Military Date Night - May 7, 5 :30 - 9 :30 pm
A Drop -off Childwatch Program, normally on the first Saturday of
° the month, which allows military couples to drop -off their children
° o to enjoy a much needed night out. Qualified Childwatch personnel
take loving care of the children, ages 4 weeks up to 12 years old,
throughout the evening. Cost is $3 per child per hour. Punch cards
are available at $25 for 10 hours.
T
Teen Late Night — Every Friday night; 8:30 - 11 pm
Award winning Program for teens provides many activities
at the Y in a supervised and safe environment. Swimming,
dodge ball, games. Members always attend free, but now
non - member teens are also FREE'
Splash and Jam - May 21, 6 -9 pm
Family fun for children of all ages (and adults too') on the third
Saturday evening of every month, with swimming, dodge ball, family
movie (G- rated) basketball, games, crafts and a meal provided to all
`+ attendees. Y members are free, but non - members are only $6 per
2 family member.
A rmed F@mm Day Parad —May 21, begin at 10 am
The 63rd annual Armed Forces Day Parade, the largest and longest running parade in
the US, will go through the downtown streets of Bremerton The Y will have special float,
commemorating the 100 year anniversary of the YMCA in Bremerton Come see the
celebration and loin the crowd in singing and dancing the YMCA song for 100 years of
family fun at the Y
Ping -Fong Tournament - Sat 5/28 11ann
The Y is hosting a Co -Ed Singles Tournament, open to members and
the at -large community. Entry fee is $5 and the Y will supply the balls
for the event. You may bring your own paddle, or a limited number of , "
new paddles will be available. o
Signups begin at 10:30 am; a players meeting will be held at 10:50
am, and play begins at it am Play will be double elimination, games
to 21 points, win by 2; 1st, 2nd and 3rd place awards will be given.
60 Magnuson Way, Bremerton, WA 98311 tel 360 - 377 -3741
www. ymcapkc.org /bremerton
AGENDA BILL
CITY OF BREMERTON 5w
CITY COUNCIL
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SUBJECT: Claims & Check Register Study Session Date
COUNCIL MEETING Date Maur 4, 2011
Department Financial Services
Presenter Cathy J ohnson
Phone 473 -5296
SUMMARY- Consent Agenda item Approval of checks and electronic fund transfers
ATTACHMENTS.
FISCAL IMPACTS (Include Budgeted Amount)
APPROVALS'
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
1) Check #'s 342721 through 343049 and EFT's 10810 through 10868 in the amount of
$2,108,191 05
2) Regular Payroll for the pay period ending April 15, 2011 in the amount of $39,946 61
3) Regular Payroll for the pay period ending April 30, 2011 in the amount of $700,380 34
4) Retiree Payroll for the pay period ending April 30, 2011 in the amount of $81,372 44
STUDY SESSION ACTION: ® Con nt A enda ❑ General Business El Public Hearing
COUNCIL PRESIDENT j
COUNCIL ACTION. ® Approve ❑ Deny ❑ able ❑ Continue ❑ No Action
Form Updated 4/18/2011
DATE SUBMITTED
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: City Council Meeting Minutes
for Meeting of COUNCIL MEETING Date Aa�L��
Department: City Council
Presenter Will Maupin, President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS:
COUNCIL PRESIDENT CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue
❑ No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 20, 2011
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April
20, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345
6` Street, Bremerton, Washington, with Council President Will Maupin presiding. Council Members
present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam
Brockus, Cecil McConnell, and Jim McDonald Also present were City Attorney Roger Lubovich, City
Clerk Carol Etgen; and Council Assistant Christine Grerner
A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council
Conference Room At 5 30 PM the meeting moved to the Meeting Chambers
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Command Chaplain Brent Johnson of USS Nimitz (CVN68)
MAYOR'S REPORT — Mayor Lent
• Presented a Mayor's Appreciation Award to Caroline Stein Washington State Science and
Engineering Fair, Ms. Stein provided an update on the very successful WSSEF event held April
1 -2, 2011, thanked Council Members Adam Brockus for being an exhibit judge and Council
Members Nick Wofford, Roy Runyon, and Greg Wheeler for attending, and recognized students
from Bremerton schools who participated
• Proclaimed May 1 through 7, 2011 as "National Drinking Water Week" which was accepted by
Kathleen Cahall Public Works & Utilities, Water Resources Division who encouraged citizens to
visit the City's website www ci bremerton wa us for more information about Bremerton's drinking
water;
• Presented a Mayor's Appreciation Award to Patti Peterson Bremerton Foodline Executive
Director, who discussed a new program to encourage people to grow their own food;
• Attended a ribbon cutting ceremony for the new homeless shelter "Rescue Mission ",
• Also attended the grand opening of the new Neighborhood Bar and Grill on Monday and
encouraged people to visit and check out the menu, and
• Wished Council Members and the community a Happy Easter, and announced that there will be
an Easter Buffet at Gold Mountain Golf Course on Sunday, April 24 from 9 00 AM to 3 00 PM
The cost is $24 95 for adults, $12 95 for children, and free for children under 6 years old People
may contact (360) 415 -6895 for reservations
PUBLIC RECOGNITION
Joe Hudson discussed concerns about the protect on 4 Street and hoped that issues will be
resolved for the proposed projects on Pacific Avenue, specifically communication about the protect
with the property owners, and thanked the City for working with him on his issues
Jerry McDonald has invited hotel representatives to visit Bremerton on May 6 to see the progress of
development and visit downtown museums and businesses, and discussed options that would make
a weekend passenger ferry from Port Orchard viable
CONSENT AGENDA
A Check Numbers 342589 through 342720, and EFT -10784 through EFT -10809 in the amount of
$1,694,501 35, Regular Payroll Payout for the pay period ending March 31, 2011 in the amount of
$17,025 56, and Regular Payroll for the pay period ending April 15, 2011 in the amount of
$721,12482
B Minutes of Meeting — April 6, 2011
C Minutes of Study Session — April 13, 2011
D Approval of Basic Life Support (BLS) Services Agreement with Handlers Racing Association
City Council Reg Mtg Minutes
Wednesday, April 20, 2011
Page 2 of 7
E Approval of Community Forestry Assistance Grant Agreement with the Washington State
Department of Natural Resources to help pay for shade and habitat trees for use at Lions Park
F Award contract to ESN Northwest, Inc for the project titled "ORC Injection at former Chevron
Property"
There were no comments from the public
05:54:42 M /S /C /U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented
CLOSED RECORD HEARING
6A — CLOSED RECORD HEARING FOR BREMERTON INVESTMENT GROUP LLC PROPOSED
SITE SPECIFIC REZONE AT THE NORTHEAST CORNER OF 15 STREET AND CAMBRIAN
AVENUE Roger Lubovich City Attorney, explained that the action before the City Council is to hold
a closed record hearing on an application for a site specific rezone for property located at the
northeast corner of 15 and Cambrian The applicant, Bremerton Investment Group, LLC, requests a
rezone of 0 34 acres from Neighborhood Center Core to Low Density Residential (R -10) The
Comprehensive Plan designation for the site is Neighborhood Center. The Department of Community
Development reviewed the application and recommended denial of the rezone
A site specific rezone application is processed as a Type IV City Council decision pursuant to
provisions set forth in the Bremerton Municipal Code (BMC) BMC 20 58 040 requires City Council to
act on the proposal after the Administrative Hearing Examiner holds an open record public hearing
and makes a recommendation to the City Council The Hearing Examiner recommended that
The City Council review the Comprehensive Plan, the City's 2005 Zoning Map where the R -10
is described, and the rezone application to determine if the rezone request from NCC to R -10
is consistent with the Comprehensive Plan If so, it is recommended that the Council remand
the application to the Department of Community Development to analyze the remaining
criteria for approval of rezone to determine if the request should be granted If no, then the
rezone request would be denied and the Council need not take further action at this time
A site specific rezone application is a "quasi Judicial" matter, and as such City Council Members shall
not have ex -parte communication with City staff of the Applicant regarding the matter Each party
shall be entitled to a five - minute presentation to Council, whereby the Applicant will have the
opportunity to present first, followed by the City, followed by a rebuttal by the Applicant The parties
may not introduce new evidence into the record The Council must make a determination on the
proposal based on the record The following page contains a table of contents of the public record
The action before the City Council is whether or no the proposed rezone is consistent with the City's
Comprehensive Plan
• If the proposed rezone is consistent with the City's Comprehensive Plan, the rezone
application will be remanded to the Department of Community Development for further
processing and review OR
• If the proposed rezone is not consistent with the City's Comprehensive Plan, the rezone
application is denied
President Maupin read the Appearance of Fairness Doctrine and asked if any Council Members 1)
have demonstrated bias or prejudice for or against any party in the proceedings, 2) have a direct or
indirect monetary interest in the proposed project; 3) have developed pre - judgment prior to hearing
the record; or 4) have had any ex -parte communication with the applicant prior to the hearing.
All Council Members responded in the negative so President Maupin discussed contact with the
applicant that did not relate to this issue but asked if this would be considered ex -parte
communication Roger Lubovich responded that this does not constitute ex -parte communication
City Council Reg Mtg Minutes
Wednesday, April 20, 2011
Page 3 of 7
President Maupin then asked the public if there were any reasons any Council Member should be
excused No responses were provided so all Council Members remained seated
Because this is a Closed Record Hearing, no opportunities were provided to the public to ask
questions or provide comment on the issue
Opening statement was given by applicant Victor Targett followed by a staff presentation made by
JoAnn Vidinhar, Community Development
Discussion was then opened to the Council
Nick Wofford asked for clarification on the R -10" zone JoAnn Vidinhar answered that * means
further analysis through a sub -area planning process is needed The hearing examiner could not
answer whether R -10 equates to R -10* which is why the issue is before the City Council Victor
Taraett believed that the zoning is clear and is still consistent with the Comprehensive Plan, and
added that if additional land is needed to allow more business to meet employment numbers, then
adjustments can be made during the sub -area planning process in the future, residents need more
housing in that area and businesses could be placed towards Charleston which is due for
revitalization
Mr. Wofford asked for clarification on the center designation Mr. Tara answered that the area is
zoned Neighborhood Center Core (NCC) Ms. Vidinhar summarized that NCC allows for mixed -use
commercial and residential and assumes higher density
Roy Runyon asked how long BIG has owned the property, if the applicant was aware of the zoning at
the time, and asked for clarification of the protect and the zoning code Mr. Targett answered that
BIG has owned the property for 4 to 5 years, yes, the applicant was aware of the zoning, and that half
of the respondents were residents who support a housing project in the neighborhood Ms. Vidinhar
clarified that 15 of 37 signers are residents in the neighborhood The " is only on the zoning map
and not in the Bremerton Municipal Code
Jim McDonald asked for clarification on zoning Ms. Vidinhar answered that while low density
residential would be allowed, the question is will the project allow growth targets to be reached
Gress Wheeler pointed out that the area is NCC and outside NCC is R -10 Ms. Vidinhar responded
that future protects can be discussed in the sub -area planning process Mr. Targett reiterated
testimony given to the hearing examiner, and disagreed that his project would have a negative impact
on the neighborhood Ms. Vidinhar clarified that the Comprehensive Plan promotes commercial
development in the neighborhood core and the proposed project does not support this
Dianne Robinson asked how residential could be allowed in the NCC Ms. Vidinhar responded that
residential is allowed but must be secondary An example would be commercial on bottom and
residential on top, a mixed use environment
Will Maupin asked how R -10 or R -10* could be consistent with the Comprehensive Plan Ms.
Vidinhar responded that the zoning code discusses the difference between density in a center and
density in low density residential areas, and each area has different growth targets
Mr. Targett emphasized that the Comprehensive Plan is updated periodically in order to consider
appropriate growth and use, and thanked Council for their consideration of this matter
Mr. Maupin stated that the zoning code could be changed prior to obtaining a sub -area plan Mr.
Targett added that the area is not limited like other areas such as downtown which means there is
room for adjusting designations
Mr. Runyon asked if we are limited to the update schedule for the Comprehensive Plan Ms.
Vidinhar answered that a review may be done on an annual basis
City Council Reg Mtg Minutes
Wednesday, April 20, 2011
Page 4 of 7
Mr. Wheeler clarified that the Council should be asking 'does this project lit or not' Ms. Vidinhar
recognized that while the housing market has changed, there is hope that the market will improve
over time Mr. Wheeler added that if we revisit this center, then the other centers would need to be
reviewed Ms. Vidinhar concurred
Mr. Lubovich clarified that the issue is consistent with the Comprehensive Plan.
Mr. McConnell believed that converting the area to residential goes against the intent of the zoning
in place at this time. Ms. Vidinhar specified that residential structures would be allowed but in R -10",
projects promoting higher density would be allowed Mr. Tarcett emphasized that the project intends
to maintain the neighborhood's character and that this project is a re -zone request not a
comprehensive plan amendment Ms. Vidinhar stated that R -10 is classified as low density
residential but the intent of centers is to allow higher density
Carol Arends was hesitant to changing a small area to residential when there are other residential
areas available for budding homes, but available space for new businesses is more limited Cecil
McConnell asked Ms Vidinhar for further clarification of zoning designations on the zoning map
07:07:12 President Mauvin reiterated that the task of the Council is to determine whether the rezone
from NCC to R -10" Is consistent with the Comprehensive Plan, and then asked both the applicant and
the staff to provide their final arguments
Mr. Tarnett summarized that there were already two other zones allowed in this Neighborhood
Center and that his request was for a "rezone" (not a "comp plan amendment ") that may still be
ultimately denied if it doesn't meet all of the other requirements He hoped that Council would agree
that the project is consistent with the Comprehensive Plan and appropriate for the community
Ms. Vidinhar hoped Council would not move the rezone forward since that would go against the long
term plan of growth for that center as laid out in the Comprehensive Plan
07:12:15 Motion to find rezone consistent with the Comprehensive Plan was made by Runyon, and
seconded by McDonald
Comments In summary were provided by several of the Council
07:20:25 M /S /F (Runyon /McDonald) Move to find that the proposed rezone is consistent with the
Comprehensive Plan
Voted in favor of Motion Runyon, Robinson, McDonald
Voted against Motion McConnell, Brockus, Wheeler, Arends, Wofford, Maupin
Motion failed 3 -Yes, 6 -No
President Maunin recessed the meeting for a break from 7 25 to 7 35 PM
GENERAL BUSINESS
7A — PROJECT DESIGN AGREEMENT WITH PUGET SOUND ENERGY (PSE) FOR SCHEDULE
74 UNDERGROUND CONVERSION OF PACIFIC AVENUE IMPROVEMENTS FROM 6 STREET
TO 11 STREET Larry Matel Public Works & Utilities, Engineering Division, summarized that the
proposed improvements on Pacific Avenue between 6` Street and 11` Street are part of an urban
redevelopment of Pacific Avenue that includes sustainabdity and the latest in environmental practices
with landscaping and scenic enhancement As it is deemed vital for scenic enhancement, the
underground conversion of the overhead lines will provide tangible benefits to this goal The
underground conversion will be performed according to Puget Sound Energy (PSE) Tariff G Schedule
74 It was clarified that the request was for design services only
City Council Reg Mtg Minutes
Wednesday, April 20, 2011
Page 5 of 7
Mr. Matel further emphasized that this project is unique and that staff has met to discuss project
costs, and that staff are waiting for confirmation from Washington State Department of Transportation
( WSDOT), about whether or not the underground costs could be paid for by the grant rather than by
the property owners.
There were no comments from the public
07:48:30 Motion to approve project design agreement was made by Brockus, and seconded by
McDonald, Discussion was then opened to the Council
Mr. Runyon asked for background on the project, and asked if there is a grant requirement to put
utilities underground Mr. Matel provided a summary of the sub -area planning and grants application
processes, and added that funding comes from the Federal Highway Administration (FHA), and there
was no grant requirement for underground utilities Mr. Runyon asked if Puget Sound Energy would
request reimbursement if a design is not used He also expressed his concern about the cost for
property owners to connect to the utilities, and was not comfortable about making a decision when it
is not clear or in writing about these costs Mr. Matel answered that if a design is not utilized, the
funds would not be reimbursed, and that that there is a 10% contingency to address any unforeseen
circumstances Mr. Runyon asked who would pay to reconnect for phone or electric utility Mr.
Matel answered that the actual cost of getting the line to the structure will be minor in comparison to
the total cost but will not be materialized until later
Mr. Wheeler thanked Public Works staff for providing a great deal of information, but was concerned
that the City has not identified funding to cover costs if grant funding can not cover costs to property
owners
Mr. McConnell asked if property owners have been notified of potential costs Mr. Matel answered
that property owners have been notified of the process Eduardo Aban Project Engineer, added
that seven property owners have contacted him for estimated costs
Mr. McConnell asked where the 13 5% grant match is being drawn from Mr. Matel answered that
the match was identified in the 2011 budget Becky Hasart Financial Services Director clarified that
the funds come from the Arterial street budget
Mr. McDonald asked if the City did not proceed with the undergroundmg component of the project
while proceeding with the rest of the street improvements, what the impact would be Mr. Matel
answered that the outcome would be cost prohibitive
Mr. Wofford asked if PSE owns the cable up to the meter, why the property owner should have to
pay Mr. Aban answered there are two different schedules, one for the City Right -of -Way (Schedule
74) and one for the property owner, outside Right -of -Way (Schedule 85) Mr. Matel added that a
determination by WSDOT will be made on these costs
Ms. Arends and Ms. Robinson expressed their support for undergroundmg utilities for aesthetic
reasons and for the amenities it provides Mr. Brockus offered his support but had concern for
property owners
Ms. Hasart added that Local Improvement District (LID) can be formed to pay for the public portion
but not the private portion of the connecting costs
Mr. Matel reiterated that any delay of the project design will ultimately delay construction
Mr. Maupin emphasized that Puget Sound Regional Council has asked that the City obligate the
funds and move forward with this project but also recognizes that there are still questions that need to
be answered
City Council Reg Mtg Minutes
Wednesday, April 20, 2011
Page 6 of 7
08:22:25 M /S /C (Brockus /McDonald) Move to approve proposed Schedule 74 Conversion with Puget
Sound Energy, and authorize the Mayor to finalize and execute the Design Agreement
Voted in favor of Motion Brockus, Robinson, Arends, Wofford, McDonald, Maupin
Voted against the Motion Runyon, Wheeler, McConnell
Motion carried 6 -Yes, 3 -No
7B — RESOLUTION NO. 3139 SETTING FORTH AMENDMENTS TO THE BREMERTON CITY
CHARTER FOR SUBMISSION TO THE VOTERS AT THE NOVEMBER 8 2011 GENERAL
ELECTION TO REDUCE THE SIZE OF THE CITY COUNCIL FROM 9 TO 7 AND OTHER
RELATED CHANGES City Attorney, Roger Lubovich explained that the City Council is proposing
charter amendments for the submission to registered voters at the general election on November 8,
2011 to reduce the size of the City Council from 9 Council Members to 7 Council Members and to
make other related changes He also explained that whether or not the charter amendment passes
during the General Election, data from the Census will be factored in to redraw the district boundaries
as appropriate
Jack Kerneen offered a comparison of other cities, population size, and relative size of City Councils,
and urged the Council to support this resolution
Jerry McDonald added that the citizens would be well represented even with 7 Council Members
08:30:35 Motion to approve Resolution No 3139 was made by Wheeler, and seconded by Brockus,
Discussion was then opened to the Council
Mr. Wheeler believed that reducing the council will mean the City will become more effective and
place less demands on staff
Mr. Runyon agreed that the proposal will save $24,000 per year but asked if reducing the size of the
Council would improve the quality of representation He also expressed interest in why Bremerton
initially chose to have 9 Council Members Mr. Mauoln summarized that the initial Charter laid out 9
council districts for the 9 distinct neighborhoods that existed at the time, and prior to that the city had
3 commissioners
Mr. Runyon asked for cost estimates to put this issue to the ballot Ms. Etnen answered $10,000 at
the General Election for a stand alone issue but if more issues are on the ballot, the cost would be
less Ms. Hasart added that all of the various jurisdictions that had items on the ballot would share in
the cost and since Bremerton would already have items on the ballot due to the election of four
Council Members, the remaining cost is the estimated $10,000 If there was a stand alone election
for this item only, the issue would cost up to $70,000 So if the City is going to do this, now is the
most cost effective time
Mr. Runyon asked for clarification about the timing of the charter changes Mr. Lubovich provided
detailed information about how the staggering of Council positions would work until the new larger
districts were phased in, and further explained that filing takes place the first week in June so it was
determined that it would be important to inform potential candidates before filing whether there is a 2-
year or 4 -year term involved
Mr McConnell was concerned about the impact of cuts on other departments and offered ideas such
as a $3,000 salary reduction per year among Council Members instead of redistricting which would
yield greater savings
Mrs. Arends emphasized that population is not the only factor for comparisons and that it is difficult
to compare workloads among officials
x-
08:48:05 M /S /C (Wofford /Runyon) Move to postpone action until May 4
City Council Reg Mtg Minutes
Wednesday, April 20, 2011
Page 7 of 7
Voted in favor of Motion Runyon, Robinson, Arends, Wofford, McConnell
Voted against the Motion Wheeler, McDonald, Brockus, Maupin
Motion carried 5 -Yes, 4 -No
COUNCIL MEMBER REPORTS
Nick Wofford thanked Jerry McDonald for his efforts to make Bremerton a better place
Carol Arends wished the community a Happy Easter, and thanked those in the community who
stayed with the Council tonight for a long meeting
Dianne Robinson reported on yesterday's Matan Park construction meeting, noting that construction
will begin May 9, and that neighbors of the area are very excited about the proposed changes She
thanked Parks Director Wyn Birkenthal and staff Colette Berna, as well as all Community
Frameworks and all the citizen volunteers
Gress Wheeler recognized the volunteers planning the Union Hill Block Party at a meeting tomorrow
night from 6 00 to 7 00 PM at Community of Christ Lutheran Church, and discussed the Wounded
Warriors (Heart Beat) program for veterans, which offers under water /scuba training at the YMCA
Roy Runyon reported on his District 4 Meeting held on Monday night which covered earthquake
preparedness and noted that there was-good attendance
Adam Brockus announced that the next District 3 Meeting will be held on Tuesday, April 26 from
6 30 to 8 00 PM at the Senior Center located at East 13 Street & Nipsic Avenue, and added that the
decision about representation should be decided by the voters
Cecil McConnell referring to the earlier discussion clarified that Council Members for larger cities like
Seattle are full -time but Bremerton Council Members are part time
Jim McDonald attended the Arbor Day tree - planting event and thanked Armin Jahr Elementary
School and Parks Department for making it a successful event, and attended the Neighborhood Bar
& Grill grand opening event and encouraged residents to check it out
Will Maugin acknowledged that most of the time the Council acts in the best interest of the citizens
of the City, but expressed his frustration that it was not the case tonight
With no further business, President Maugin adjourned the Council Meeting at 8 56 PM
Prepared and Submitted by
1
CHRISTINE GRENTER
Council/Auditor Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 6C
SUBJECT: City Council Meeting Minutes
for Meeting of COUNCIL MEETING Date: ffi6ty 4 , -o i a
Department: City Council
Presenter. Will Maupin, President
�� Phone: (360) 473 -5280
SUMMARY: Attached Is a summary of the City Council Meeting.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount)- N/A
APPROVALS:
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
April 27, 2011
A Study Session 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, April 27, 2011, at 5 00 PM, with Council President Will Maupm presiding.
Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy
Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Legislative Assistant Lon Smith was
present to provide staff support
President Mauuin 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 May 4, 2011 Council Meeting Agenda:
1 Approve Contract Amendment to the Interlocal Agreement with Kitsap County for Public Access
Television (BKAT) Funding — Becky Hasart, Financial Services Director; and Nick Wofford,
Finance Committee Chair Consent Agenda
2 Proposed resolution to establish June 15, 2011 as a Hearing Date to vacate a portion of the alley
between Werner Road, Monroe Street, Blumer Street, and Auto Center Boulevard — Gunnar
Fridnksson, Civil Engineer, Public Works & Utilities, and Jim McDonald, Public Safety and Parks
Committee Chair Consent Agenda
3 Purchase of 12 5% Bulk Sodium Hypochlonte Solution from Olin Chlor Alkali Products for the
Westside Wastewater Treatment Plant — Pat Coxon, Wastewater Manager, and Jim McDonald,
Public Safety and Parks Committee Chair Consent Agenda
B FULL DISCUSSION ITEMS
4 Purchase and Sale Agreement for Anderson Cove property located at 2320 19 Street and
owned by Alan G Cady and Carla M Cady — Vincent Akhimie, Public Works & Utilities Director,
Wyn Birkenthal, Parks & Recreation Director, and Jim McDonald, Public Safety and Parks
Committee Chair General Business
5 Acceptance of Transportation Improvement Board (TIB) Grant for Reconstruction of Lower
Wheaton Way from Lebo Boulevard to the Manette Bridge — Larry Matel, Managing Engineer,
Transportation & Stormwater Utility, Public Works & Utilities, and Jim McDonald, Public Works
Committee Chair Consent Agenda
6 Amendment of 2011 Budget to include the transfer of balances from Fund 101 Arterial Streets
and Fund 481 Stormwater Utility, and creating Fund 131 Lower Wheaton Way Reconstruction —
Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair
Consent Agenda
7 Proposed resolution updating Financial Policy 1 -10 -04 regarding the "Approval and Allocation of
Grant Funds" — Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee
Chair Consent Agenda
President Mauain called a 10- minute recess
8 Proposed resolution setting forth amendments to the Bremerton City Charter for submission to
the voters at the November 8, 2011 General Election to Reduce the Size of the City Council from
9 to 7, and other related changes General Business
City Council Study Session Minutes
Wednesday, Apnl 27, 2011
Page 2 of 2
C GENERAL COUNCIL BUSINESS
Council Committee Chair reports were provided, and General Council Business was discussed
President Maupin adjourned the Study Session at 7 15 PM
Prepared and Submitted by
&" t 5a- - -. )
LORI SMITH
Legislative Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON SD
CITY COUNCIL
SUBJECT: Contract Amendment to the COUNCIL Study Session 04 -27 -2011
Interlocal Agreement with Kitsap County for COUNCIL MEETING Date- 05 -04 -2011
BKAT funding Department. Finance
Presenter Becky Hasart
Phone. 360 -473 -5722
SUMMARY: The existing five year contract between Kitsap County and the City of Bremerton for funding of
BKAT expired on December 31, 2010. Through this contract, Kitsap County provides the facility at Tibardis
Road for BKAT use and provided for $163,500 of county PEG fees toward the purchase and maintenance of
necessary capital equipment for BKAT services The City and County have negotiated a new contract
extension for five years to be effective January 1, 2011 through December 31, 2015. This extension increases
the Public Educational Government (PEG) fee payment from the county to $169,000 and keeps all other
contract terms the same. The County will be approving this contract extension at its meeting on April 11, 2011
through its consent agenda It is staff's recommendation that the Council also approve this housekeeping
measure on May 4, 2011.
ATTAC)ERKENTS: Existing Interlocal Agreement with Kitsap County for Public Access Television Funding.
Contract Amendment to same
FISCAL IMPACTS (Include Budgeted Amount): PEG fee funding from the County will be increased from
$163,500 over a five year period to $169,000 over the next five year period. There are no other fiscal impacts.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY.
FINANCE DIRECTOR:
MAYOR:
cmkvlc� P ees ► den�-: Con ser'�"f��
RECOMMENDED MOTION:
Move to approve the Contract Amendment with Kitsap County for Public Access Television Funding and authorize
the Mayor to finalize and execute the Contract Amendment with substantially the same terms and conditions as
presented
COUNCIL ACTION: }Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Revision 2000 -09 -02
KC- 339 -06 A
CONTRACT AMENDMENT
This CONTRACT AMENDMENT is made and entered into between KITSAP
COUNTY, a municipal corporation, with its principal offices at 614 Division Street, Port
Orchard, Washington 98366, hereinafter "COUNTY ", and City of Bremerton, hereinafter
"CONTRACTOR"
In consideration of the mutual benefits and covenants contained herein, the
parties agree that their Contract, numbered as Kitsap County Contract No KC- 339 -06
and executed on 08/02/2006, shall be amended as follows
1 Section 13. Term of Agreement shall be amended to read as follows
The Agreement shall be for a period of five (5) years commencing January
1, 2011 and terminating December 31, 2015
2 Section 12. Funding shall be amended to read in its entirety as follows
The County shall pay to the City $169,000 from fees by the cable
companies to support public, educational, and government access
channels (PEG fees) for the purchase of capital equipment The City shall
spend funds received from the County pursuant to this Agreement for
facilities and equipment based on the attached Addendum A BKAT
Capital Equipment Funding Plan Based on Addendum A, payment
should be made by the County to the City as follows $22,000 by April
30 of 2011, $17,000 by April 30 2012, $38,000 by April 30 2013,
$46,000 by April 30 2014 and a final payment of $46,000 by April 30
2015
3 Except as expressly provided in this Contract Amendment, all other terms
and conditions of the original Contract, and any subsequent amendments,
addenda or modifications thereto, remain in full force and effect
This amendment shall be effective upon execution by the parties
DATED this day , 2011 DATED this day ,2011
CITY OF BREMERTON KITSAP COUNTY
BOARD OF COMMISSIONERS
Patty Lent, Mayor Charlotte Garrido, Chair
APPROVED AS TO FORM: Robert Gelder, Commissioner
City Attorney Josh Brown, Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
BKAT CAPITAL EQUIPMENT FUNDING PLAN 2011 - 2015
Funding to SKAT
Requested Funding by % Proposed 2011 Budget Summary
bamiDescrtation 2011 2011 FarMlnp
$8800000 Projected hweme
Playback system additions
(S 18 000 00) Recovery Center
Upgrade server capacity $8 000 00 $8 143 49 $600000 (S15 000 00) Upgrades at BOCC / Admtn
CSC Emergency crawl $5 400 00 $4 148 88 $4 000 00 ($15 000 00) Set Tap Prajed
a Government Cameras for Field Shoots $'1500000 $1151905 $1200000 ($22 000 00) Proposed 2011 OKAT Funding
replacement 8 upgrades
$28,40000 $21,80940 $22,00000
120,000 00 Yon End Account Balance
ltemlDaeedctlon Requested Funding by % County
2012 2012 Funded 2012 Budget Summarlr
•
$88 000 00 Projected Income
Mtaropheno Replacement — for $3 000 00 $2 303 81 $2 000 00
The FCC has changed pegs ►or wireless ($32 000 00) Central Treatment
($15 000 00) Set Top Pro Proljee ct
mice -need 3 pans ($25 000 00) Pendergast Pads
(S 17 000 00) Proposed 2012 BKAT Funding stations (public) to be compatible $4 000 00 $3 07175 $3 00000
CIS with new cameres, w/ scanner and
(„) external herd drives
Studio Bach Drop Curtain - Replacement $15 000 00 $11 519 05 $12 000 00
upgrades 8 replacements
S 00 3 15,894.81 S 17 00000
fill 000 00) Year End Account Balance
LL
Requested Funding by % County
�+ 1[amlDesedeUen 2013 201$ Funded 201$ Buda" Summary
38800000 Projected Income,
Studio Lights - ReptasamentlUpgrade $50 000 00 $3839684 $3800000 ($28 000 00) North Road Shed
The 9" currently In use were pumhosed ($15 000 00) Set Top Projed
In the earl 909 ($38 000 00) Prop0sed 2013 BKAT Funding
® �s
$50,00000 $30,398 84 Sag 000 00
$9,000 00 Yen End Account Balance
C %UsermYreyeslDeslitopllIKAT Capital Equipment Request 2011 thnt 2015
Requested Funding by % County
thimanctiption 2014 2014 Funded 2014 Budget Summary
$88 000 AO
Government Cameras for Fletd Shoots $20 000 00 $15 358 73 $15 000 00 ($20 000 00) North KBesp
3 cameras w/trlpods b heads ($15 000 00) Set Top Project
($46 000 00) Proposed 2014 BKAT Funding
Playback Equipment $40 000 00 $30 717 47 $3100000
Will create RFP for equipment
$6000000 $4607620 48 000 00
$7,000 00 Year End Account Balance
4.�,,, «..�....e..el,,,_x .- ...z- er..,n....um.a.,a. -.0 ae._ Cr... da...._...... -.._ ..s._...- .r_.m..mo l,.n.e„_ v....- ...,,. rr._..._ .....+x .....L..- �_t_...,.1 .. _.i..- d..t,u -__w ....,.• S.J.r- .�•....._iLS.- .�rv....�a.. '.n..<i.,, r.G,
Requested Funding by % County
l p
2018 201s Funded 2018 Budget Summary
$88 OOO.00
Trieaster Studio Switehsr 3 60 00000 $ 40 070 20 $4600000 ($20 000 00) BOCC Rm Camera upgrades
w/ 3 cameras Controllers 8 cabling ($15 000 00) Set Top Project
($46 000 00) Proposed 2015 MAT Funding
3 60,00000 $ 40,07620 i 000.00
$7,000 00 Year End Account Balance
$20 OOOAO 2011 Projected budget surplus
($1,000 00) 2012 Projected budget surplus
$9,000 00 2013 PProjected budget surplus
$7 000 00 2014 Projected budget surplus
®2018 Projected budget surplus
$42,000 00 5 year projected budget surplus
t ti
Peneert298 Calculations
Total Percent
Wave Subscriber Count 18 343 0767936715
Comcest Subscriber Count 1321
Subscribers - County 30 676
Subscribers - City of Bremerton 7 170 0179492315
Subseibers City of Poulsbo 2 100 0052570971
39 840 1
C %Uaers%hy69%DesMop1BKAT Capital Equipment Request 2011 thru 2016
' Note 1 County6 parom. Eased an toed aleabsm that pay Into PEG Fee lode from all Owes groups w ed use 9KAT
• Nate 2 Al 54uros rounded for ease of seeaneng.
• Note 9 Previous COW contract ((err- 89545) Covered 2005 2007 2005 2005 a 2010 end was for $153 500 00
' Nos 4 Previous Cep5a1 request was supported Eye dabbed eapael espenAnne plan We here not received are for V& 5 year budget cyos
'Note 5 To1N annual booms torn PEt3 Fen avenge M 00000
$5200000 Wave (avg)
=9500000 Comcm(evg)
CAUwmVreyru;M*%dOp MT Capitol Equipment Request 2011 thru 2015
..
DATE SUBMITTED April 6, 2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
■■ eeeeeeeoeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeee�
SUBJECT: Resolution No. 3140 Committee Meeting Date. April 27, 2011
establish June 15, 2011 as a Hearing Date to COUNCIL MEETING Date: May 4, 2011
vacate a Portion of Alley between Werner Department: PW &U
Road, Monroe Street, Blumer Street, and Presenter. Gunnar Fridriksson
Auto Center Boulevard. Phone- 473 -2354
SUMMARY: David Barcelon has initiated the vacation process for the westerly 510 feet of the alley
adjacent to Blumer Street. The easterly portion of the alley was vacated in 1995 with Ordinance No.
4501 for the applicant's development of the Truck Town dealership. The existing alley is an
undeveloped dead end right of way which has no potential for development by the City. All adjacent
properties surrounding the alley are owned by the applicant This is a Class III right -of -way and
compensation is not required in accordance with BMC 11 20.140.
ATTACHMENTS: 1. Resolution No 3190 2 Exhibit; and 3. Staff Report.
FISCAL IMPACTS (Include Budgeted Amount). None.
APPROVALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT• CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to pass Resolution No 3140 to Establish June 15, 2011 as a
Hearing Date to vacate a Portion of Alley between Werner Road, Monroe Street, Blumer Street, and
Auto Center Boulevard.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
RESOLUTION NO. ? (
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of a portion of alley between Werner Road,
Monroe Street, Blumer Street and Auto Center Boulevard
WHEREAS, David Barcelon has initiated the vacation process for the westerly
510 feet of the alley adjacent to Blumer Street, and
WHEREAS, the applicant vacated the easterly portion of the alley February 1,
1995 by Ordinance No 4501, and
WHEREAS, all adjacent properties surrounding the alley are owned by applicant,
NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. A public hearing will be held on June 15, 2011 at 5 30 p in or later
in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth
Street, Bremerton, Washington, to take public comment or consider written objections to the
vacation
SECTION 2. SeverabihU If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 3. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
PASSED by the City Council of the City of Bremerton, Washington this day
of , 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM- ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
1
Barcelon Vacation Westerly Alley to Blunter Street — Resolution
STREET VACATION REQUEST
PORTION OF ALLEY IN BLOCK 1 OF THE PLAT OF LEIBLY & BLUMERis 1sr
ADDITION TO BREMERTON HEIGHTS
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: June 15, 2011
PREPARED BY: Gunnar Fridnksson
SUMMARY
Applicant David R Barcelon
4701 Auto Center Boulevard
Bremerton, WA 98312
Location The westerly 510 feet of the alley adjacent to Blumer Street
BACKGROUND
The easterly portion of the alley has been previously vacated in 1995 with Ordinance
No 4501 for the applicant's development of the Truck Town dealership The existing
alley is an undeveloped dead end right of way which has no potential for development
by the City All adjacent properties surrounding the alley are owned by the applicant
A title anomaly was uncovered in review of the right of way designation which was
noted to the applicant The applicant requested the City place the vacation in stasis
until it could be resolved The resolution was accomplished by additional title research
and a legal action
RIGHT OF WAY CONDITIONS
• Functional Classification Local Access
• Existing R -O -W Width 14 feet
• Proposed R -O -W Width N/A
• Pavement Width None
• Surface Type None
• Curb and Gutter No
• Sidewalks No
March 2011
Portion of Alley in Block 1 of Leibly & Blumer's
1 Addition to Bremerton Heights
Page 1 of 4
HEARING CONSIDERATIONS
BMC 1120120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing These issues and the staff position are
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position
This portion of the alley is not required for public use
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position
The proposed vacation does not conflict with the Comprehensive Plan
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position
Vacating this unimproved right -of -way will reduce the City's maintenance
responsibility in this area
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position
No other thoroughfare would improve circulation in this area
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position
There is no anticipated future public use
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position
The applicant owns all adjacent abutting properties
SHORELINE ACCESS
This portion of right -of -way does not provide shoreline access
March 2011
Portion of Alley in Block 1 of Leibly & Blumer's
1 St Addition to Bremerton Heights
Page 2 of 4
UTILITIES
All private utility companies have been contacted and a review conducted of the public
utilities No permanent utilities easements are needed
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated
COMPENSATION
This right -of -way is Class 3, as it was dedicated to the City with the recording of the plat
of Leibly & Blumer's 1 St Addition to Bremerton Heights on June 11, 1909, but has never
been improved As such, no compensation is owing The area of the portion to be
vacated is 10,335 square feet
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal
Staff recommends that this Street Vacation be approved as requested with easements
reserved for all existing utilities
March 2011
Portion of Alley in Block 1 of Leibly & Blumer's
1 st Addition to Bremerton Heights
Page 3 of 4
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•
DATE SUBMITTED. March 17, 2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5F
SUBJECT: Award of 12 5% Bulk Sodium Committee Meeting Date: April 27, 2011
Hypochlorite Solution proposal for the COUNCIL MEETING Date- May 4, 2011
Westside WWTP Department- WWTP
Presenter: Pat Coxon
Phone- 473 -5448
SUMMARY: Three proposals were received in response to a request from the City for furnishing
12.5% bulk sodium hypochlorite to the Westside WWTP OLIN CHLOR ALKALI Products
submitted the lowest responsive proposal at $0.584 eents /gallon delivered, including tax This award
to the supplier will have firm pricing for a period of one year, from the time the proposal agreement is
signed. The cost per gallon from the supplier will include all costs (freight and taxes)
ATTACHMENTS: Sodium Hypochlorite proposals from OLIN CHLOR ALKALI Products,
HASA Inc. and JCI Jones Chemicals, Inc.
FISCAL IMPACTS (Include Budgeted Amount). This purchase is budgeted through the WWTP
Operating Supplies Budget of $306,500 00 Bars #535 8032 53110
APPROVALS:
DEPARTMENT DIRECTOR: �.
CITY ATTORNEY
FINANCE DIRECTOR.
MAYOR.
COMMITTEE CHAIR
COUNCIL PRESIDENT- CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the proposal to purchase bulk 12 5% sodium
hypochlorite solution for a period of one year from OLIN CHLOR ALKALI Products at a cost of
$0.584 per gallon delivered
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Alin
CHLOR ALKALI 26700 S Banta Road
PRODUCTS Tracy, CA 95304
209/835 -7204
Fax 209/835 -9760
Internet Address www \ \olmchloralkah com
March 24, 2011
Pat J Coxen, Wastewater Manager
City of Bremerton
1600 Oyster Bay Ave S
Bremerton, WA 98312
Patric coxon @ci bremerton wa us
RE REQUEST FOR PROPOSAL —12.5% Sodium Hypochlorde — 2011 -12
Dear Pat
Olin is pleased to offer the following pricing in response to the request for proposal for the supply and
delivery of sodium hypochlonte for the upcoming fiscal year
12.5% Sodium Hvnochlorite
Location Price (ner rab)
Bremerton WWTP $0584
Delivery: 3 days ARO, Min 4,800 gallon truckloads
These prices are valid for the period from award through June 30, 2012 We are willing to extend this
agreement year to year upon mutual agreement
Olin is the largest manufacturer /distnbutor of bleach for water treatment in the Northwest and our plants
are ISO certified Our chemicals cant' NSF Standard 60 certification and are in compliance with all
current AWWA and EPA standards
Thank you for the opportunity to bid on the chemical requirements for the City of Bremerton again If
you should have any questions, please do not hesitate to call me at (209)221 -8265 or Ross Borch your
account rep
Sincerely,
L � -alw
John M Schabacker
Business Director
Cc Ross Borch, Account Manager
PAGE 1 of 2
PRODUCT SPECIFICATION
C VILOR
PRODU u Sodium Hypochlorite - I Z S
For more information contact your Olin Representative, Specification No Revision No SAP Material No Issue Date Supersedes Review Date
visit www ohnchloralkali corn or call 423 - 336 -4850 CAP -002 7 105004 1 912912009 211612009 11111211
Chemical Formula SPECIFICATION r - " ` r TYPICAL ANALYSIS (Note 2) M ;
NaOCI Mrs MIN MAX Augusta B=cw Mffbsmii Mmusbi Nm6isaii VA,tusl M W n Sa0Fe St. Wit d Tmmim� TPmy
Reported Characteristics
Sodium Hypochlonte, NaOCI wt% 125 156 130 -- 13 2 -- 136 137 136 130 -- 130 130
Available Chlorine SP 1450 1850 las o -- 1so o -- -- 164 158 2 tas o -- las o 150 0
Total Alkalmtty as NaOH (Note 3) gpl 12 290 44 -- 8 3 -- -- 90 34 54 -- 62 58
Total Alkalmtty as NaOH (Note 3) wt% 01 23 04 -- 07 -- N/E 07 033 0 45 _ -- 05 048 _
Actual Sodium Hydroxide, NaOH wt% 01 15 04 -- 05 -- 05 _06 N/A -- - -- -
Sodium Carbonate, Na wt °/u N/A 11 03 -- 03 -- N/E 03 010 N/E - -- --
Density a 20 °C g/ml N/A N/A 1 199 -- 1 197 -- 1 212 1252 121 1 199 -- 1 196 1209
Other Characteristics
Sodium Hypochlonte, NaOCI gpl 1500 1950 1557 - 1580 - - - - 1720 1662 1557 - 1556 1570
Available Chlorine wto /u 119 1 49 123 - - 126 - - - - 131 130 123 - - 124 12 4
Available Chlorine trade% 145 185 148 15 5 -16 5 150 -- -- 164 158 148 -- 143 150
Actual Sodium Hydroxide, NaOH gpl 12 180 48 100 56 - - - - 70 N/A - - -
S odium Carbonate, Na gPl N/A 140 36 <5 36 - - N/E 3 1 12 N/E - - - -
SodiumChloride, NaCl wt% -- - too -- N/E 120 105 N/E -- -
romate, 3 ( N ote PPm 100 -- 350 -- 240 45 35 240 -- 120 --
Nickel, Ni (High Purity) ppm N/A Oil - - <01 - - - - 01 <01 <0 05 008 - - <0 05 - -
Cobalt, Co (High Purity) _ ppm N/A Oil - - <01 _ - - - - <0 02 <01 <0 05 < 02 - - <0 05 - -
Copper, Cu (High Purity) ppm N/A Oil - - <01 - - - - 001 <01 <0 05 < 02 <0 05 - -
Iron, Fe (High Purity) ppm N/A 15 - - <0 6 - - - - 04 02 <0 40 024 a - - 05 - -
VacuumFtlterTest (High Purity) minutes N/A 1 3 - -- -- 24 -- N/E <15 - N/E 13
Nickel, Ni (Standard Product) _ ppm N/A N/A 02 - <03 -- -- <o I -- -- - -- -
Cobalt, Co (Standard Product) ppm N/A N/A <1 -- <03 -- -- <01 -- -- --
Copper, Cu (Standard Product) ppm N/A N/A < 1 <03 - - - - <01 - - - - - - - - -
Iron, Fe (Standard Product) , Ppm N/A 30 01 - 05 - - - - <3 0 - - -
Physical Properties
Density @ 20 ° C lb/gal N/A N/A 100 _ too -- 101 10 4 101 too -- _ J 100 1 101
Appearance Clear yellow -green solution Meets Criteria
IS Certificate No QSR -110 QSR -890 QSR -125 N/A QSR -559 QSR -100 N/A QSR -768 N/A QSR -771 QSR -769
' - -- -- 37982- 37982- 37982 -
US EPA R No _ 72315 -6 72315 -6 72315 -6 N/A 56088 72315-6 72315 -6 20001 N/A 20001 20001
GA-001 CAN -002 TN -001 N/A NV -01 AL-001 NY -001 CA -1 N/A WA -2 CAA
US EPA Establishment No
Canadian PMRA No 25619 28172 25619 N/A N/A 25619 25619 N/A N/A N/A N/A
If this document is removed (printed, electronically copied, etc ) from Olin's Product Specification Management System it becomes an uncontrolled copy of a controlled document
71 re product information presented herein while not guaranteed is true and accurate to the best of our knowledge The mformanon is based upon product specifications as ojthe date this document is created but such /nformaun is
subject to change No u arranty or guarantee express or implied is made regarding performance stability or otherwise Thus information is not intended to be alhnclusive since the manner and conditions of use handling storage
and other factors may involve other or additional safety or performance considerations While our technical personnel will be happy to respond to questions regarding safe handling and use procedures the Buyer retains sole
responsibility for the safe handling and we of die product Any cued product uses are for informational purposes on/v and Buyer should investigate and establish to Buyer's satisfaction the suitability of each such use for Buyer's own
purposes No suggestions for use are intended as and nothing heron shall be construed as a recommendation to infringe anv existing patents or to violate any applicable law
:lin PRODUCT SPECIFICATION PAGE 2 of 2
c% O p CAU Sodium Hypochlorite -12. S
For more information contact your Olin Representative, Specification No Revision No SAP Material No Issue Date Supersedes Review Date
visit www olmchloralkah com or call 423- 336 -4850 CAP -002 T 105004 9MI2009 211612009 111112013
OTHER INFORMATION.
1 CONVERSIONS To convert from ppm to weight % basis, divide ppm by 10,000 Trade % (wt/vol %) = gpl /10 ppm = mcg/g = mg/Kg
2 TYPICAL ANALYSIS - - means the characteristic is not part of the product from this location, if - - is shown for all the typical analysis from a facility, this product
is not produced at that facility N/A =Not Applicable N/E =the facility produces the product but no typical data has been established, typical data will be available
approximately 6 to 9 months after the start of production or specification issue date BDL = Analytical results for this characteristic were below the minimum detection
limit (MDL) of the standard analytical methods used
3 Total Alkalinity Minimum and Maximum values are calculated based on actual NaOH and actual Na min/max values
4 Meets the provisions of the American Water Works Association (AWWA) B300 -04 Standard
5 Certified for the NSF/ANSI- Standard 60 at a maximum use dosage of 84� for 12 5% sodium hypochlonte solution (equivalent to 10 mg/L of available chlorine)
6 If product is EPA Registered -See label for Precautionary Statements and Use Instructions Anyone using this product for their own sanitizing or disinfectant
applications at different concentrations or with any other component added must obtain their own EPA registration
Page 1 of 2
Patric Coxon
From- Eells, Kathy E TRAC [KEEells @olm com]
Sent: Monday, April 04, 2011 11 50 AM
To. Patric Coxon
Subject: Re Bremerton, City of Request for Proposal -12 5% Sodium Hypochlonte 2011/2012
Yes it includes freight and taxes
Kathy
Email sent via BlackBerry
From: Patric Coxon [madto:Patric Coxon @ci.bremerton wa us]
Sent: Monday, April 04, 2011 02 PM
To: Eel Is, Kathy E TRAC
Subject: RE* Bremerton, City of Request for Proposal - 12 5% Sodium Hypochlorite 2011/2012
Good Morning Kathy,
Does your price include freight & taxes') As it is not mentioned in your submitted proposal Please
let me know
Pat Coxon, Wastewater Manager
Department of Public Works & Utilities
City of Bremerton
Phone 360 473 5448
Cell 360 340 2523
Fax 360 473 5455
Email patnc coxon @ci bremerton wa us
From: Eells, Kathy E TRAC [madto:KEEells @olm.com]
Sent: Monday, April 04, 201111:33 AM
To: Patric Coxon
Subject: Bremerton, City of Request for Proposal - 12 5% Sodium Hypochlonte 2011/2012
Good morning Pat,
Here is Olin proposal for Sodium Hypochlorite that is due today, April 4th,
2011. Please feel free to give me a call if you have any questions.
Thank you,
9a"M (Welim
Marketing Analyst
Olin Chlor Alkali Products
209.221.8264 office
209.835.9760 fax
The information contained in this e-mail message is intended only for the personal and
confidential use of the recipient(s) named above If the reader of this message is not the intended
recipient or an agent responsible for delivering it to the intended recipient, you are hereby
4/6/2011
Page 2 of 2
notified that you have received this message and any attachments in error and that any review,
dissemination, distribution, copying or alteration of this message and/or its attachments is strictly
prolubrted If you have received this message in error, please notify the sender immediately by
electronic mail, and delete the original message
The information contained in this e-mail message is intended only for the personal and confidential use
of the recipient(s) named above If the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby notified that you have received this
message and any attachments in error and that any review, dissemination, distribution, copying or
alteration of this message and/or its attachments is strictly prohibited If you have received this message
in error, please notify the sender immediately by electronic mail, and delete the original message
4/6/2011
Page 1 of 1
Patric Coxon
From- Michelle Trammell [mtrammell @jcichem com]
Sent: Friday, April 01, 20119 23 AM
To: Patric Coxon
Cc: James Groh
Subject: Sodium Hypochlonte and sodium Hydroxide Proposal
Importance: High
Hi Pat,
JCI Jones Chemicals, Inc is happy to quote the following prices for supply and delivery to the
City of Bremertoes WWTP at 1600 Oyster Bay Ave S. for one year.
12 5% Bulk Sodium Hypochlorite - $0 67/g
50% Membrane Sodium Hydroxide - $2 36/g
Please note that these prices DO INCLUDE freight and taxes.
JCI has a net term of 30 days
Thank You,
Vic&# 7rarmmed
Office Manager & Sales Coordinator
JCI Jones Chemicals, Inc.
1919 Marine View Drive
Tacoma, WA 98422
(253) 274 - 0104 /ph
(253) 274 - 0733 /fax
mtrammell@icichem.com
4/6/2011
Page 1 of 1
Patric Coxon
From: Mary Flynn [maryflynn @hasapool com]
Sent: Wednesday, March 30, 2011 9 47 AM
TO Patric Coxon
Subject: Hasa Sodium Hypo quote
We are submitting our proposal for bulk delivery of 12 5% Sodium Hypochlonte, 150,000 gallon annual
usage
at $0 85/ gallon This Is for delivery to City of Bremerton WWTP, 1600 Oyster Bay Ave S, Bremerton,
WA 98312
Firm for one year from date of agreement and includes all transportation Subject to any applicable
state, county or city
taxes Please confirm receipt of bid and send bid results to my attention at address below
Please send any future Sodium Hypochlorite proposal requests to my attention instead of to Judy Rogers
Hasa Inc,
Longview, WA 98632
Please let me know if you need any additional Information Thank you for this opportunity to bid
Mary Flynn
Vice President - Sales Administration
HASA Inc
23119 Drayton St
Saugus, CA 91350
Phone 661 - 259 -5848
Fax 661 - 259 -1538
Email maryflynn @hasapool com
Website www hasapool com
------------------------------------------
------------------------------------------
The contents of this email message, including any attachments, are intended solely for the use of the person or entity to whom the email is
addressed It contains information that maybe privileged and restricted from disclosure If you are not the intended recipient of this message,
be advised that any dissemination, distribution, or use of the contents of this message is strictly prohibited If you received this email in error,
please contact sender by reply email Please also permanently delete all copies of original email and any attached documentation Thank you
------------------------------------------
------------------------------------------
4/6/2011
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment of 2011 Budget; Study Session Date: 04/27/11
Funds 101, 481, and 131 (new) as it pertains COUNCIL MEETING Date: 05/04/11
to Lower Wheaton Way Reconstruction Department: PW&U/Finance
Presenter: Becky Hasart
Phone: 473 -5722
SUMMARY: The City has been awarded a Transportation Improvement Board (TIB) grant for
$1,368,084 to reconstruct Lower Wheaton Way from Lebo Boulevard to the Manette Bridge. The
grant award requires a local match of $342,051. In order to properly track project costs and timelines,
it is recommended that a special project fund, Fund 131 Lower Wheaton Way Reconstruction, be
created. Currently, the 2011 Arterial Street Budget (Fund 101) had the grant budgeted at $1,128,825
with a match budgeted at $176,175. Making adjustments within the budget, the Arterial Street Fund
can provide $237,271 toward the match for the actual budget award, with the remaining match,
$104,780, coming from Fund 481— Stormwater. It is recommended that both the Arterial Street Fund
and the Stormwater Utility Fund (101 and 481 respectively) be amended to accommodate this grant
and transfer the appropriate amounts to the new special projects fund 131 — Lower Wheaton Way
Reconstruction.
ATTACHMENTS: 1. Updated Budget spreadsheets for Fund 101 (Arterial Streets), Fund 481
( Stormwater Utility), and new Fund 131 (Lower Wheaton Way Reconstruction).
FISCAL IMPACTS (Include Budgeted Amount): According to the cost estimates for this project,
30.633% of the project is Stormwater related. As such, it is recommended that 30.633% of the match,
or $104,780, be transferred from the Stormwater Utility Fund (481) to a newly created special project
fund 131 and the remaining match of $237,271 be transferred from Arterial Streets (101). Both funds
481 and 101 need to be amended accordingly, along with removing the TIB grant budget from 101 to
the new special project fund 131. A new fund 131 would be created and budgeted to the total project
cost of $1,710,135.
APPROVALS:
DEPARTMENT DIRECTOR: `
CITY ATTORNEY:
FINANCE DIRECTOR: ,�-
MAYOR:
RECOMMENDED MOTION: Move to amen the 20WBudget to transfer the appropriate balances
from funds 101 and 481, and create fund 131 Lower Wheaton Way Reconstruction with a budget of
$1,710,135 as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Fund 101 Arterial Street Fund
Budget Adjustment Recommended Proposed
2011 per grants change 2011
Revenues
Taxes $0 $0 $0 $0
Licenses & permits 0 0 0 0
Intergovernmental 5,700,095 6,160,454 (1,368,084) 4,792,370
Charges for services 85,500 85,500 0 85,500
Fines & forfeits 0 0 0 0
Other revenue 25,000 25,000 0 25,000
Debt proceeds 0 0 0 0
Total revenue 5,810,595 6,270,954 (1,368,084) 4,902,870
Expenditures
Personnel 120,000 120,000 0 120,000
Supplies, services & taxes 95,500 95,500 0 95,500
Capital expenditures 6,628,000 7,088,359 (1,605,355) 5,483,004
Debt service 0 0 0 0
Transfers 0 0 237,271 237,271
Total expenditures 6,843,500 7,303,859 (1,368,084) 5,935,775
Revenues over(under) expenditures (1,032,905) (1,032,905) 0 (1,032,905)
Beginning fund balance 1,139,200 1,139,200 0 1,139,200
Ending fund balance $106,295 $106,295 $0 $106,295
Fund 481 Stormwater Utility (Enterprise Fund)
Budget as of Proposed Change
Jan-11 2011
Revenue
Taxes $0 $0 $0
Licenses & permits 0 0 0
Intergovernmental 80,000 80,000 0
Charges for services 2,103,000 2,103,000 0
Fines & forfeits 0 0 0
Other revenue 1,414,000 1,414,000 0
Debt proceeds 0 0 0
Total revenue 3,597,000 3,597,000 0
Expenditures
Personnel 1,235,590 1,235,590 0
Supplies, services & taxes 577,679 577,679 0
Capital expenditures 1,542,000 1,542,000 0
Debt service 15,000 15,000 0
Transfers 483,232 588,012 (104,780)
Total expenditures 3,853,501 3,958,281 (104,780)
Revenue over(under) expenditures ( (256,501) (361,281) 104,780
Beginning fund balance 2,220,700 2,596,242 (375,542)
Ending fund balance $1,964,199 $2,234,961 ($270,762)
Fund 131 Special Projects Fund (Lower Wheaton Way)
Budget Proposed Change
2011 2011 -
Revenue
Taxes $0 $0 $0
Licenses & permits 0 0 0
Intergovernmental/Grants 0 1,368,084 1,368,084
Charges for services 0 0 0
Fines & forfeits 0 0 0
Transfers In 0 342,051 342,051
Debt proceeds 0 0 0
Total revenue 0 1,710,135 1,710,135
Expenditures
Capital Construction 0 1,710,135 (1,710,135)
Debt service 0 0 0
Transfers 0 0 0
Total expenditures 0 1,710,135 (1,710,135)
Revenue over(under) expenditures 0 0 0
Beginning fund balance 0 0 0
Ending fund balance $0 $0 $0
The Transfers In amount of $342,051 consists of the transfer of $237,271 from Fund 101 and
the transfer of $104,780 from Fund 481
While the entire project is budgeted, this may be a multi -year effort For each subsequent year,
a reappropriation of the remaining project costs will be requested In no instance shall the entire
project budget exceed $1,710,135 without full authority of council
DATE SUBMITTED -
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5
� 000a00000 �� 00000000 ..■ r■ f�* �
SUBJECT: Resolutionktipdit ngg ( Financial Study Session Date: 04/27/11
Policy 1 -10 -04 Approval and Allocation of COUNCIL MEETING Date: 05/04/11
Grant Funds Department: Finance
Presenter: Becky Hasart
Phone: 473 -5722
SUMMARY: Current Financial Policy 1 -10 -04 adopted on June 29, 1994 and revised on May 31,
2000 is being updated to allow the Mayor to delegate her review authority for grant funds and their
potential match. This delegation will allow administration to be more timely and effective in
determining the appropriateness of pursuing grant funds. The policy is also being updated to remove
reference to the Council Operations Committee, which no longer exists, and correct the name of the
Council Fiscal and Budget Committee to Council Finance Committee.
ATTACHMENTS: 1. Resolution adopting updated procedures for approval and allocation of
intergovernmental grants 2. Exhibit A to the Resolution N 0 . 3 141
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION: Move to approve Resolution No. 3 14 1 adopting updated
procedures for approval and allocation of intergovernmental grants and repealing Resolution No. 2754
in its entirety.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
RESOLUTION NO. 3 (4 I
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting updated procedures for approval
and allocation of intergovernmental grants and repealing
Resolution No 2754
WHEREAS, the City of Bremerton desires to establish proper controls and
guidelines for the appropriation of various intergovernmental funds,
WHEREAS, the City of Bremerton desires to ensure that maximum use is made
of these funds; and
WHEREAS, the City of Bremerton desires to ensure compliance with regulations,
policies, and procedures concerning use of these funds; and
WHEREAS, the City of Bremerton desires to insure that any potential match is
identified prior to making application for the grant, to prevent expending resources in pursuit of
grant if the City's budget cannot accommodate the match; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS•
SECTION 1. The procedures for approval and allocation of intergovernmental
grants as set forth in Exhibit A, attached hereto and incorporated by reference, are hereby
adopted.
SECTION 2. Severabilrtv If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 3. EEectrve Date This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST:
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R U.egalU egal\Resoluhons\Fmmce\Grant Funds Policy doc
1
Grant Funds Policy
EXHIBIT A
CITY OF BREMERTON APPROVAL AND ALLOCATION
FINANCIAL POLICY
OF GRANT FUNDS
INDEX EFFECTIVE DATE 06/29/94
Cash/Funding APPROVED
1 -10 -04 REVISED DATE 05/34�A9 Resolution #254
POLICY The City of Bremerton desires to establish proper controls and guidelines for the
appropriation of various intergovernmental funds to assure maximum use of these
funds and compliance with applicable regulations In addition, the City desires to
insure that any potential match is identified prior to making application for the grant,
to prevent expending resources in pursuit of the grant if the City's budget cannot
accommodate the match
PROCEDURE 1 All potential applications by City Departments for grant funds shall require
approval of the Mayor or his/her designee prior to pursuing the g ant
2 Forts grants requiring City match funds in excess of $20,000 00, the Mayor or
his/her designee will provide the Council Fisea4 and Budget Committee
with thea4tst-e €proposed grants for
review and approval to proceed with the L application rocess
prior to submittal to the granting agency
3 Upon award of a grant $20,000 00
the City Council shall formally act to
either accept or reject such grant and all provisions and conditions of the grant
4 Sub - recipients of grant funds shall submit standard applications for determination
of eligibility and council approval if required by the grant
5— 5 Public hearings shall be conducted for determination of
community benefit and needs assessment if required by the grant
6 If the City cannot execute the grant, the Mayor or his/her designee shall inform the
Finance Committee at its next regular scheduled meeting_
Grant Funds - 5100
Page I
DATE SUBMITTED April 5, 2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Transportation Improvement Committee Meeting Date: April 27, 2011
Board Grant Offer for Reconstruction of COUNCIL MEETING Date: May 4, 2011
Lower Wheaton Way from Lebo Boulevard Department Public Works
to the Manette Bridge. Presenter: Larry Matel
Phone: X5342
SUMMARY: The Public Works and Utilities Department applied for a Washington Transportation
Improvement Board Grant for $1,368,084 to reconstruct Lower Wheaton Way from the Manette
Bridge to Lebo Boulevard. The rehabilitated street would include new sidewalks, curb, gutter and
pavement. The project is intended to meet the grant requirements of enhancing non - motorized
transportation use between urban activity centers, as well as incorporate sustainable or "green"
infrastructure development such as low impact development techniques
ATTACHMENTS: 1.) Fuel Tax Grant Distribution Agreement 2 ) Project Funding Status Form
3.) 2010 Urban Grant Application 4 ) Grant Award Letter
FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted at $1,710,135. This
project will require a budget amendment, which will be presented through a separate agenda bill, to
accommodate the $342,051 required match The match is anticipated to be funded from the Arterial
Street Fund 101 for $237,271 and from the Stormwater Utility Fund 481 for $104,780
APPROVALS:
DEPARTMENT DIRECTOR -
CITY ATTORNEY:
FINANCE DIRECTOR.
MAYOR.
COMMITTEE CHAIR
COUNCIL PRESIDENT- CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the acceptance of the Grant from the Washington Transportation Improvement
Board to reconstruct a portion of Lower Wheaton Way and authorize the Mayor to sign the Fuel Tax
Grant Distribution Agreement and Project Funding Status Form with substantially the same terms and
conditions as presented
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
LEAD AGENCY: City of Bremerton
PROJECT NUMBER: 8 -2- 152(025) -1
PROJECT TITLE: Lower Wheaton Way
PROJECT TERMINI: Manette Bridge to Lebo Blvd
1 0 PURPOSE
The Washington State Transportation Improvement Board (hereinafter referred to as
"TIB ") hereby grants funds for the project specified in the attached documents, and as
may be subsequently amended, subject to the terms contained herein It is the intent of
the parties, TIB and the grant recipient, that this Agreement shall govern the use and
distribution of the grant funds through all phases of the project Accordingly, the project
specific information shall be contained in the attachments hereto and incorporated
herein, as the project progresses through each phase
This Agreement, together with the attachments hereto, the provisions of chapter 47 26
Revised Code of Washington, the provisions of title 479 Washington Administrative
Code, and TIB Policies, constitutes the entire agreement between the parties and
supercedes all previous written or oral agreements between the parties
2 0 PARTIES TO AGREEMENT
The parties to this Agreement are TIB, or its successor, and the grant recipient, or its
successor, as specified in the attachments
3 0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through
completion of each phase of the project, unless terminated sooner as provided herein
4 0 AMENDMENTS
This Agreement may be amended by mutual agreement of the parties Such
amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind each of the parties
5 0 ASSIGNMENT
The grant recipient shall not assign or transfer its rights, benefits, or obligations under
this Agreement without the prior written consent of TIB The grant recipient is deemed
to consent to assignment of this Agreement by TIB to a successor entity Such consent
shall not constitute a waiver of the grant recipient's other rights under this Agreement
6 0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the
state of Washington and venue of any action brought hereunder shall be in the Superior
Court for Thurston County
TIB Form 190 -500 Page 1 of 3 Rev 2/14/2003
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
7 0 TERMINATION
71 UNILATERAL TERMINATION
Either party may terminate this Agreement upon 30 days' prior written notice to
the other party If this Agreement is so terminated, the parties shall be liable only
for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination
7 2 TERMINATION BY MUTUAL AGREEMENT
Either party may terminate this contract in whole or in part, at any time, by mutual
agreement with a 30 calendar day written notice from one party to the other
7 3 TERMINATION FOR CAUSE
In the event TIB determines the grant recipient has faded to comply with the
conditions of this Agreement in a timely manner, TIB has the right to suspend or
terminate this Agreement TIB shall notify the grant recipient in writing of the
need to take corrective action If corrective action is not taken within 30 days, the
Agreement may be terminated TIB reserves the right to suspend all or part of
the Agreement, withhold further payments, or prohibit the grant recipient from
incurring additional obligations of funds during the investigation of the alleged
compliance breach and pending corrective action by the grant recipient or a
decision by TIB to terminate the Agreement The grant recipient shall be liable
for damages as authorized by law including, but not limited to, repayment of
misused grant funds The termination shall be deemed to be a Termination for
Convenience if it is determined that the grant recipient (1) was not at fault, or (2)
failure to perform was outside of the grant recipient's control, fault or negligence
The rights and remedies of TIB provided in this Agreement are not exclusive and
are in addition to any other rights and remedies provided by law
7 4 TERMINATION FOR CONVENIENCE
TIB may, by ten (10) days written notice, beginning on the second day after the
mailing, terminate this Agreement, in whole or in part, because federal or state
funds are no longer available for the purpose of meeting TIB's obligations, or for
any reason If this Agreement is so terminated, TIB shall be liable only for
payment required under this Agreement for performance rendered or costs
incurred prior to the effective date of termination
7 5 TERMINATION PROCEDURE
Upon receipt of notice of termination, the grant recipient shall stop work and /or
take such action as may be directed by TIB
TO Form 190 -500 Page 2 of 3 Rev 2/14/2003
Washington State Transportation Improvement Board
Fuel Tax Grant Distribution Agreement
8 0 AVAILABILITY OF TO FUNDS
The availability of Transportation Improvement Board funds is a function of Motor
Vehicle Fuel Tax collections and existing contractual obligations The local agency shall
submit timely progress billings as project costs are incurred to enable accurate
budgeting and fund management Failure to submit timely progress billings may result in
delayed payments or the establishment of a payment schedule
Approved as to Form
This 14th Day of February, 2003
Rob McKenna
Attorney General
By
Signature on file
Elizabeth Lagerberg
Assistant Attorney General
Lead Agency Transportation Improvement Board
O /— - I
Signature of /Mayor Date Executive Director Date
Print Name Print Name
TO Form 190 -500 Page 3 of 3 Rev 2/14/2003
2010 Urban Grant Application U (D-1b) for Urban Arterial Program (UAP)
------------------- ----- - - - - -- ------------------------------------------------------------
Your signed application and required attachments must be postmarked by August 31, 2010 I
The mailing address for the TIB Office. Post Office Box 40901 ❖ Olympia WA 98504-0901
For assistance contact Clint Ritter, TIS Project Engineer, at (360) S86 -1151 or via email at ClintR@tib.wa.gov
-------------------------------------------------------------------------------------------------------------------------------------
Funding Program Urban Arteri Pro gram ( UAP ) _ _ _ Find t.eaisiative District
Agency Name BREMERTON legislative District 26
Arterial Name Low Wheaton Wa _ (For SSH 21 B) Ftna copgnessionai District
Congressional
Project Limits Manette Bridge to Lebo Boulevard District 6
Federal
Length in Miles 1 3 0 miles Route Number 6589
Functional Class Urban Principal
Contact Person Larry Matel P E Phone Number 360 -473 -5342
Email Address larry matel@cl bremerton wa us
APPLICATION ATTACHMENTS
Required for all applications
0 Detailed vicinity map (8 1 /2" x 11 ") clearly showing project limits
21 Detailed project cost estimate signed by a professional engineer registered in Washington State
21 Funding commitment letters from all funding partners Number Attached 1- Agenda B ill
❑ Accident analysis worksheet
E Sustainability worksheet Link to Reauest Accident Data from WSDOT
El Typical roadway section
❑ If project is on or connects to a state highway, include written concurrence from WSDOT
If project includes construction of bicycle facilities attach
0 Adopted bicycle plan
PROJECT SCHEDULE
Provide completed or target date Date
Environmental documentation complete & permits approved 9/2/09
Right of way acquisition 9/2/09
Design 4/1/11
Construction 10/31/11
Project closeout 12/31/11
2010 Urban Grant Application (rev May 11, 2010) Page 1 of 10
PROJECT FUNDING
Enter the project funding information in the table below
Total Funds Requested r` $1,368,084 �; Maximum TIB matching ratio
r
TIB Funds Local Funds Total Project
Special Studies
n
Design Engineering 95,272 —- 23,818 r 119,090l',
Right of WayY
Construction Engineering 47,636 1 11,909 ~tie 591, a
Construction Other
�
190,544 47,636 " 238,18q'
b. r
Construction Contract 1,034,632 258,688 1,293,320 F
4 �
TWA 1,368,084 342,051 ~ 1,710;135 .'
, W �,
Nonehgble Engineering
Engineering exceeding 25% of construction costs is not eligible for TIB reimbursement
r
Other Nonehglble Costs
(i a landscaping greater than 3% of total cost, utility undergroundmg, sound walls)
TOTAL ELIGIBLE COST 1,710' 135
Calculated TIB Matching Ratio , i 80A9J
FUNDING PARTNERS
Commitment
Source Fund Source Letter Amount
BREMERTON
-- - - - - - - -- - - - - - -- - - ----- - - - - -- - - - -Pubh 342,051
Washington State Department of Transportation Public NO 1 0
t .1
I �
' I
i
--, 7
r
34
051 `
Local funds are correct
2010 Urban Grant Application (rev May 11, 2010) Page 2 of 10
GROWTH MANAGEMENT INFORMATION
Complete the questions below to address Growth Management Laws as directed by Revised Code of Washington
(RCW) 47 26 282
Describe how the project supports or revitalizes existing urban development In the downtown.
The Bremerton Downtown Sub Area Plan, the Eastpark Sub Area Plan, the Harrison Hospital District
Plan, and the Bremerton Non - Motonzed Transportation Plan all address the revitalization of these key
components of the Bremerton Urban Growth Center with strong mult -modal transportation considerations
The Downtown, Eastpark and the Harrison Hospital District are key to the revitalization of central
Bremerton Eastpark, with Its planned 454 dwelling units, Is approximately one -half way between the
Downtown and Eastpark and is excellently situation to serve as the residential community for these two
activity centers with their combined total of 20,000+ employees
Does the project Include or encourage infill /densification of residential or commercial development consistent with
your local comprehensive plan?
Q YES ❑ NO
If yes, describe below
The project is located within the Bremerton Urban Growth Center as shown on the PSRC Vision 2040
Plan and Bremerton's Comprehensive Plan Bremerton's 2005 zoning code Implements a performance
based code with development targeted for pedestrian centers The centers concept uses Incentives to
achieve mixed use development such as Eastpark and the Intervening areas between the downtown and
the Harrison District The Eastpark project is the redevelopment of former World War II era housing that
has been demolished to make way for redevelopment in cental Bremerton The existing street and
sidewalk provisions are in much need of reconstruction to provide a vibrant, multi -modal transportation
Iinlr hcfiAieen +ho ron +orc
Describe how the project promotes the use of transit and other multlmodal transportation
The Downtown Sub Area, nearby Manette, and Harrison Sub Area Plans address the desire for upgrades
to the pedestrian and bicycle environments, allowing for social gatherings, Improvements to the public
right of way for broader non - motorized uses, and traffic calming measures for the neighborhoods These
centers encourage mixed use development that engages non - motorized travel In a safe environment
The Eastpark Sub Area Plan Is designed to Improve neighborhood connectivity and walkabillty with
housing and commercial activities scaled to serve the employee population at the center, thereby
reducing home to workplace commute trips
Indicate the project's multlmodal transportation components.
Mark all existing or planned components.
[Z Sidewalk 21 Bicycle Lanes ❑ HOV Lanes ED Access to Transit Center or Passenger Terminal
❑ Other - Explain in space below
The Eastpark project is planned to provide approximately 450 new dwelling units adjacent to over 20,000
existing fobs A typical trip generation rate for Eastpark would suggest In excess of 4,00 automobile trips
generated dally With strong ped /bike connections to Bremerton's employment and transportation
centers, in excess of 1,000 daily auto trips could be avoided or 13,000 dally work trip miles On an annual
bass this would equate to more than 3,300,000 miles
2010 Urban Grant Application (rev May 11, 2010) Page 3 of 10
PROJECT DESCRIPTION
Briefly describe the current conditions.
As the mayor Urban Growth Center of west Puget Sound, Bremerton is undergoing significant rennovation
of its urban infrastructure to prepare itself to become, once again, a vital urban center of the Puget Sound
Lower Wheaton Way connects the redeveloping Bremerton Downtown, Eastpark and Harrison Hospital
areas This city street was originally constructed as State Secondary Highway 21 -B nearly 60 plus years
ago The Intent of this project is to rehabilitate and retrofit this street in a "green" or sustainable manner
that provides enhanced pedestrian and bicycle facilities to a roadway that was orignally constructed in the
nld 11 -02fa hinhwav mnrlal"
Briefly describe the project construction.
The project includes the removal and replacement of 9,200 lineal feet of curb and gutter, removal and
reconstruction of 6,100 square yards of sidewalk, excavation of 4,600 cubic yards of roadway pavement
and base and replacement with porous pavment The planting of 100 new street trees and provision of
raingardens are also significant features of the project construction Storm drain features will be replaced
in a manner that reflects cost savings afforded by Low Impact Development (LID) strategies to be
employed within the project limits All work is anticipated to be completed withing existing right of way
Briefly describe the intent of this project.
The intent of the project is to reconstruct a principal arterial street, which was orignally designed as a
state highway, in an environmentally friendly and sustainable manner Enhancements to the pedestrian
and bicycle provisions in this corridor will help to alleviate traffic growth and vehicle miles travelled in this
redeveloping area of Bremerton
ROADWAY CHARACTERISTICS
Enter the required information in the table below
EXISTING PROPOSED
Pavement Width 36' 34'
(Curb to Curb or Edge to Edge)
Number of Travel Lanes
(Not Continuous Left Turn Lane) 2 lanes 2 lanes
I
Continuous Left Turn Lane Width 0 feet 0 feet
Intersection Control Stop sign Stop sign
Shoulder Width ! 0 feet 0 feet
Curb Placement Intermittent Both Sides
Bicycle Lane Type No Bicycle Facilities Combined Lane - both sides
Bicycle Lane Width 0 feet 5 feet
Sidewalk Placement Intermittent One Side
Sidewalk Width' 0 -5 5 to 10
' Minimum width is five feet with no obstructions.
Sidewalk with curb separation on both sides is required by WAC 479.12.121 (UAP).
2010 Urban Grant Application (rev May 11, 2010) Page 4 of 10
PROJECT ELEMENTS
Give a bnef desrnpbon or select the appropnate response for each component of proposed project work
Road Surfacing Improvements Reconstruction
Intersection Improvements Add Right Turn Pocket 0 Intersections
Add Left Turn Pocket 1 inte
Add Roundabout 0 Intersections
Drainage & Water Quality Improvements
This project will be designed using Low Impact Development (LID) strategies, such as porous pavement
and rain gardens, in a very aggressive manner Bremerton is a recognized leader in Washington in the
deployment of LID and feels that this project will be another example of how LID can be successfully
incorporated into a transportation project
Traffic Signalization & Illumination
Traffic signalization improvements are not warrented for any intersections within the project limits at this
time However, conduit will be placed at one intersection in anticipation of signal warrants being satisfied
at some time in the future Roadway illumination is not anticipated to be upgraded beyond what currently
exists due to budgetary constraints Conduit runs may be improved for potential future illumination
upgrades
Landscaping & Aesthetic Elements
Landscaping is anticipated to be applied where rain gardens are sited as well as between back of curb
and sidewalk Minimal additional landscaping has been identified beyond what is described here Rain
gardens will be constructed with compost amended soils and drought tolerant plantings such as sedum's
The City's Park Planner is a registered landscape architect and will assist in the development of the
planting plan to be minimally water consumptive and low maintenance Alternatives to turf grass are
planned to be used in the planting areas behind the curbs to reduce maintenance and water needs, yet
Relocation of Existing Utilities Relocate existing underground utilities to new underground location
Retaining Walls
No retaining walls are required
Other Elements
No other elements are required
2010 Urban Grant Application (rev May 11, 2010) Page 5 of 10
SAFETY
Complete Accident Analysis Worksheet
TIB staff may request accident diagrams and supporting documentation dunng application review
Annual Benefit
Describe existing hazard(s) within the project limits and how project mitigates the hazard.
If the hazard is included in the Accident Analysis, do not write up as a hazard.
Hazard 1 Accident data in the project limits identified no, or a very small accident history, for the
simple reason that very few people in the area considered alternative transportation due to
the lack of reasonable facilities However, due to the redevelopment plans in the area,
and the need to encourage the use of alternative transportation, well planned, enjoyable
and safe facilities need to be provided to realize the visions behind the planning
Hazard 2
Hazard 3
Hazard 4
Project adds access control measures ❑ YES Q NO
If yes, describe access control measures
Project eliminates existing at -grade railroad crossing NO
If yes, describe facilities being separated _
2010 Urban Grant Application (rev May 11, 2010) Page 6 of 10
MOBILITY
ADT 5900 Projected ADT 7500
Select truck route classification from list below
Not a tr uck ro
Network Development
Is project a continuation of a previously - funded or completed project or a new route? NO
If yes, select type
Project must meet all of the following cntena for comp /ekes corridor
► Project is last section of corridor with natural limits
► Previously completed corridor sections were /are TIB projects
If completes corridor,
enter corridor Termini
Enter number of buses per peak hour 1000
Select Freight Facility Access provided by project
Mark all freight- carrying modes accessing the facility
❑ Airplane ❑ Rail ❑ Ship ❑ Truck Enter trucks
per day
Briefly describe freight access created or improved by project.
N/A
URBAN ACTIVITY CENTER
How does the project improve access to or circulation within a central business district or activity center? Describe
below.
The project connects Bremerton's redeveloping downtown and Eastpark residential neighborhood with the
Harrison Hospital district All three have been Identified as centers in Bremerton's comprehenisve
planning documents These areas, situated within one and one -half miles of each other, are Ideally suited
for capturing many of the trips made by the 20,000+ employees it contains Provisions made along Lower
Wheaton Way will tie Into the much enhanced bicycle and pedestrian provisions to be completed on the
new, 1,600 foot long, Manette Bridge
2010 Urban Grant Application (rev May 11, 2010) Page 7 of 10
SUSTAINABILITY
Has your agency adopted a green house gas reduction, sustainability, or energy conservation policy?
YES ❑ NO
LILY or b remerton Lomprensive
If yes, provide the resolution or policy number Plan
If yes, briefly descnbe the policy below
Attached are excerpts from the City of Bremerton's Comprehensive Plan relating to the City's Environmental Goals
and Policies. El presents the City's Sustainability Policy. This is the first of specific policies from El to E12 that
outline the City's environmental goals.
Check or rill out all that apply
Boxes marked with an * require additional information to be given under the "Sustamabdity" tab
1. Mode Accessibility
1.1 Comple gap in HOV system ❑
1.2 Adds HOV lane each direction T ❑
1.3 A dds queue jump or transit on Lane ! ❑
1.4 Improves non - m otorized access to Pa rk &_ Ride or T Cen
1.5 Completes gap in bicycle route
1.6 Extends bicycle route
17 Constructs 10 -foot separated path or two 5 -foot s triped lanes
1.8 Installs more than one bike parking facility along the project (multiple bike i — ❑
racks) El
L 1.9 Includes planter strip (3 foot minimum)
2. Energy Measures
2 1 Installs solar power panels or on -site power generation technology to support j ❑
facilities in the road right of way
2.2 Number of incandescent street lights replaced with low energy lights
2 3 Number of new lo energy stre lights
2.4 Num ber of incandescent traffic signal bulbs replaced with low energy bulbs
E 2.5 Number of new low energy traffic signal bulbs
2.6 Includes emerging energy technologies
3. Environmental Me
3 1 Eliminates water detention through Low Impact Development (LID) / Natural
Drainage Practices (NDP) (e g. ecology embankment, permeable pavement) on- EZ *
site to address 100 o f all proj_ed impeus surfaces_
'�'- '�-- ---' -- -- -�-
rvio
3.2 Reduces water detention through Low Impact Development (LID) / Natural I
Drainage Practices (NDP) (e.g ecology embankment, permeable pavement) on- * ;
site to a 2 to 75% of all project imperv surfaces
3 3 Adds vegetated areas left undisturbed or compost -amend the soil with native ~�
_ _ _ _ a*
,Plantings _ -_ _ -- - - -�
3. or climate ap pla s
nm –
i 3 5 Includes emerging enviroental technologies — - ❑
2010 Urban Grant Application (rev May 11, 2010) Page 8 of 10
4. Recycling Measures
4.1 Includes on-site reuse of pavement
4.2 Includes on -site of subsurface material ❑
4.3 Includes on-site of organic material
4.4 Includes on-site of other materials
1 4.5 Uses recycled pavement (hauled in)
4 1
1 4 6 Uses recycled subsurface materials-------
4.7 Uses recycled organic materials (hauled in)
4.8 Uses other recycled products El
Remember - if you check a box with an * you must fill out the Sustainability tab
CERTIFICATION
Certification is hereby given that the information provided is accurate and the applicable attachments are complete
and included as part of the application package
Managing Engineer
Agency Official Signature Title
Larry Matel
Printed Name Date
2010 Urban Grant Applicabon (rev May 11, 2010) Page 9 of 10
Transportation Improvement Board TIB CTED Copy
Funding Program Urban Arterial Program (UAP)
Agency Name BREMERTON
Project Name Lower Wheaton Way (Formerly SSH 21 B) — Manette Bridge to Lebo Boulevard
Project Intent The Intent of the project is to reconstruct a principal arterial street, which was orignally designed as
a state highway, in an environmentally friendly and sustainable manner Enhancements to the
pedestrian and bicycle provisions in this corridor will help to alleviate traffic growth and vehicle
miles travelled in this redeveloping area of Bremerton
Describe how the project supports development in and revitalization of the existing downtown area
The Bremerton Downtown Sub Area Plan, the Eastpark Sub Area Plan, the Harrison Hospital District Plan, and the
Bremerton Non - Motorized Transportation Plan all address the revitalization of these key components of the
Bremerton Urban Growth Center with strong mutt -modal transportation considerations The Downtown, Eastpark
and the Harrison Hospital District are key to the revitalization of central Bremerton Eastpark, with its planned 454
dwelling units, is approximately one -half way between the Downtown and Eastpark and is excellently situation to
serve as the residential community for these two activity centers with their combined total of 20,000+ employees
Explain how the project is consistent with the local comprehensive plan for residential and non - residential
development densities
The project is located within the Bremerton Urban Growth Center as shown on the PSRC Vision 2040 Plan and
Bremerton's Comprehensive Plan Bremerton's 2005 zoning code Implements a performance based code with
development targeted for pedestrian centers The centers concept uses incentives to achieve mixed use
development such as Eastpark and the intervening areas between the downtown and the Harrison Distnct The
Eastpark project Is the redevelopment of former World War II era housing that has been demolished to make way
for redevelopment in cental Bremerton The existing street and sidewalk provisions are in much need of
reconstruction to provide a vibrant, multi -modal transportation link between the centers
Describe how the project promotes the use of transit and other multimodal transportabon.
The Downtown Sub Area, nearby Marietta, and Harrison Sub Area Plans address the desire for upgrades to the
pedestrian and bicycle environments, allowing for social gatherings, improvements to the public right of way for
broader non - motorized uses, and traffic calming measures for the neighborhoods These centers encourage mixed
use development that engages non - motorized travel in a safe environment The Eastpark Sub Area Plan is
designed to improve neighborhood connectivity and walkability with housing and commercial activities scaled to
serve the employee population at the center, thereby reducing home to workplace commute trips
Sidewalk Bicycle Lanes Access to Transit Center or Passenger Terminal
Other Multimodal Components
The Eastpark project is planned to provide approximately 450 new dwelling units adjacent to over 20,000 existing
jobs A typical trip generation rate for Eastpark would suggest in excess of 4,00 automobile trips generated daily
With strong ped /bike connections to Bremerton's employment and transportation centers, in excess of 1,000 daily
auto trips could be avoided or 13,000 dally work trip miles On an annual bass this would equate to more than
3,300,000 miles
2010 Urban Grant Application (rev May 11, 2010) Page 10 of 10
Transportation Improvement Board (TIB) Agency BREMERTON
2010 Urban Accident Analysis
Proj Name Lower Wheaton Way (Formerly SSH 21B) Urban Arterial Program (UAP) Application Marlette Bridge to Lebo Boulevard
Instructions
0 Use accident data from the three most current years available
0 Select the location type (Intersection or Mldblock)
0 Enter the location by specifying the intersection cross street or midblock parameters
0 Enter the number of accidents that are Property Damage Only (PDO), Injuries, and Fatalities for each accident type
Total Number Factor Accident Cost Annual Benefit
PDO Accidents
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��y�._ �t 2�s^ �., t..• n,��;c _ �i fir+ N'* �L,'� �`,
Fatalities
i
TOTAL
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Location Type taabdovi) " Seled AoCident Type`s s > +` PISS Counfiermeasure
TO Urban Accident Analysis Page 1 of 2
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Transportation Improvement Board (TIB) Atooy BREMERTON
2010 Sustalnablllty Worksheet P"edNa— Lower Wheaton Way
Urban Arterial Program (UAP) Application (Formerly SSH 21 B)
Instructions
lo- Select each sustainability measure from the main page of the application
lo- Follow the instructions for that specific measure
b- Repeat for all sustainability measures you are implementing that require an explanation (with asterisk)
31 Eliminate water detention through Low Impact Development (LID) / Natural Drainage Pratices (NDP) (e g ecology
embankment, permeable pavement) on -site to address 100% of all project impervious surfaces
Give a description of how your LID plan will eliminate water detention
The project will Incorporate LID pavement structure provisions to accept and infiltrate pavement area generated
stormwater runoff through the limits of the project In addition, raingardens will be constructed at selected
locations to enhance stormwater collection and infiltration and add aesthetic benefits to the street Bremerton has
considerable experience in the development of LID strategies in street settings and is confident of the success of
these Improvements In this project The ability to accept 100% of pavement generated stormwater runoff has
been verified through the use of appropriate LID sizing tools
3 2 Reduce water detention through Low Impact Development (LID) / Natural Drainage Pratices (NDP) (e g ecology embankment,
permeable pavement) on -site to address 25% to 75% of all project impervious surfaces
Give a descnphon of how your LID plan will reduce water detention
The project will incorporate LID pavement structure provisions to accept and infiltrate pavement area generated
stormwater runoff through the limits of the project In addition, raingardens will be constructed at selected
locations to enhance stormwater collection and infiltration and add aesthetic benefits to the street Bremerton has
considerable experience In the development of LID strategies in street settings and is confident of the success of
these improvements In this project The ability to accept 100% of pavement generated stormwater runoff has
been verified through the use of appropriate LID sizing tools.
Selectied sustatnabll ji °mea ure
4,0 tir "�
"�
3 4 Hardscaping or climate appropriate plantings
Give a brief descnpdon of how you will use hardscaprng or climate appropriate plantings
Following is a list of hardy plants that are very drought tolerant that once established would provide an alternative
to turf grass in a roadway environment Kinnickinnik, Beach Strawbery, Wintercreeper Euonymous, Creeping
Raspberry, White Rockrose, Snowberry, and Creeping Mahorna. These plants were recommended by the City's
landscape architect and a planting plan will be developed as part of final design These plants will be used in the
areas between the back of curb and sidewalk
� 10� f su� �
m
3 3 Vegegated areas left undistured, or compost -amend soil with native plantings
Give a brief description of how you will accomplish this
Compost amended soils will be added to the rain garden areas Native plants, some described in 3 4, will be
specified in the rain gardens and planting areas behind the back of curb
$�(eCted s In bi
ti
4 6 Use of recycled subsurface materials
Give a bnef descnpbon of how you will be using recycled subsurface materials
To the extent possible the project will use recycled concrete and /or rock in the reservoir course of the pervious
pavement structure The City has experience using recycled concrete in this application and the final decision will
be based upon the availability of said materials and appropriate haul economics that includes an estimate of
energy consumption
Transportation Improvement Board (TIB) Agenc BREMERTON
2010 Sustainability Worksheet Project Na" Lower Wheaton Way
Urban Arterial Program (UAP) Application (Formerly SSH 21 B)
Instructions
►Select each sustainability measure from the main page of the application
b- Follow the Instructions for that speck measure
Do Repeat for all sustainability measures you are implementing that require an explanation (with asterisk)
Sei sustainabil � rrre re y ,'r K
.,t•7 "� "..'_ -,- ' ' + 1.�.�s.�� Fk,,. °,...fir s� h� R'� °t c'� r'� r;' t„,kc
4 7 Use of recycled organic materials (hauled in)
Give a brief description of how you will be using recycled organic materials
The project will construct rain gardens and curbside planting areas and will need to use compost amended soils to
provide media for healthy plant growth Compost is composed of recycled organic matter
$eleai m ae sureh
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Transportation Improvement Board (TIB) Agwmy BREMERTON
2010 Sustalnablllty Worksheet 11,01Na 1B Lower Wheaton Way
Urban Arterial Program (UAP) Application (Formerly SSH 21 B)
Instructions
0- Select each sustainabddy measure from the main page of the application
lo- Follow the instructions for that specific measure
No- Repeat for all sustainabddy measures you are implementing that require an explanation (with asterisk)
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i
Washington State
! Transportation Improvement Board
TIB Members November 19, 2010 MCIYOr S �Julce
Commssioner Greg POnch ✓r ti tJ (�l�B
Cheb Whdman County
Mayor James Insh City O f Bmmet ton
Vtde Chan City of Le Center
Counadmember Jeanne Surbidge
CRY of Fodbral Way
Todd Coleman PE The Honorable Patty Lent
PorrolVenoouver Mayor
(,Wmal member Sam Crawford
whatoom County C ity O f Bremerton
Kathie" Davis 3027 Olympus Drive
W E T Bremerton, WA 98310
Mark Froberger P E
Coy of $edro 14roaaey Dear Mayor Lent
,ourdmembet Will am Golhma n PE
City of spok— Valloy
Sea elary Paula Hart(tnond PE Congratulations' We are pleased to announce the selection of your protect, Lower
WSDOT Wheaton Way, Manette Bridge to Lebo Blvd, TIB protect number 8 -2- 152(025) -1
Paul Ingiow
Onx;eof FinancralMarlagement TIB funds granted to this protect total $1,368,084 Before any work is allowed, TIB staff
UK " c,, x, will contact your agency to authorize the funding
ftdi Stamm
HS PublicAflairs If you have questions, please contact Clint Ritter, TIB Protect Engineer, at (360) 586 -
Harold Taruguch 1151 or e-mail ClintRla)TIB wa qov
Krug County Metro Transit
Ste" Thomsm PC S
Snohwfth County
John vompich
City or Bonney Lake
Jay weber
County R°ed Administration BDerd
Ralph of WaVi
B to n Thomas G Ballard, P E
rCYrle anla of tNaahrngro
C oamsaonor Mike Wilson Interim Executive Director
Grays Harbor County
Thorns G Ballard P E
Interim Eaculbre Director
P O Box 40901
Olympia WA eB504 -MI
Phone 360M6 ; t49
Fax 360SSB.Itt35
wwwtib wa gov
Investing in your local community
DATE SUBMITTED April 18, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL (oA
SUBJECT: Study Session Date: April 27", 2011
Purchase and Sale Agreement for Anderson COUNCIL MEETING Date: May 4 , 2011
Cove Property Department: Public Works\Parks
Presenter: Akhimie\Birkenthal
Phone: 473 -5315, 473 -4552
SUMMARY: Alan G. Cady and Carla M. Cady own 62 acre of property located at 2320 19 Street
that City staff proposes to purchase to provide storm water infiltration for the 65 acre Anderson Cove
basin and provide waterfront recreation access for the adjoining neighborhood. The purchase price of
$330,000 is identical to the appraised value. Parametrix consultants completed an environmental
review of the property on April 20'', 2011. This acquisition is 100% funded by Department of
Ecology Storm Water Retrofit and Low Impact Development Grant G1100226 approved by City
Council in 2010.
ATTACHMENTS: Purchase and Sale Agreement
Exhibit "A" Legal Description
Exlubit `B" Location Map
Exhibit "C" Property Transfer Disclosure Statement
FISCAL IMPACTS (Include Budgeted Amount) $800,000 budgeted from DOE Grant GI 100226
for the Purchase, Demolition and Storm Water Infiltration Improvements.
APPROVALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY.
FINANCE DIRECTOR: i
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT-
CONSENT AGENDA ❑
GENERAL BUSINESS
PUBLIC HEARING
RECOMMENDED MOTION:
I Move to approve the purchase and sale agreement for the purchase of the Anderson Cove property
owned by Alan G Cady and Carla M Cady in the amount of $330,000 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 Acton
I
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This agreement controls the terms of the sale of real property
(Please read carefully before signing.)
This Agreement is entered between the CITY OF BREMERTON, a Washington
municipal corporation ( "Buyer "), and ALAN G. CADY and CARLA M. CADY, ( "Seller "), for
the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances
situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be
located at 19` Street and Taft Avenue in Anderson Cove, Bremerton, Washington (the
"Property"), and which Property is legally described in Exhibit A, attached hereto and
incorporated herein by this reference. A map indicating the location of the Property is also
attached as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY. None.
3. PURCHASE PRICE. The total purchase price for the Property is THREE
HUNDRED THIRTY THOUSAND AND NO /100 DOLLARS ($330,000.00) payable on
closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(c) Buyer's review and approval of Seller's information contained in the Real
Property Transfer Disclosure Statement as set forth in Exhibit C.
(d) A Feasibility Study as follows:
(1) Buyer shall have the opportunity to conduct a feasibility study to
determine if, in Buyer's sole and absolute discretion, the Property is
feasible for investment and/or development by Buyer.
(2) Buyer's feasibility study may include (but is not limited to) a Phase
I and/or Phase H environmental assessment, utilities availability
and capacity, access availability, zoning, preliminary architectural
and engineering studies, marketing feasibility
(3) A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and
hydrologic maps of the area, review of federal and state databases
for known hazardous water generators or contaminated sites and a
site visit. If the Phase I review reveals the potential of a
contaminated site, a Phase II environmental assessment may be
conducted which generally will consist of on -site sampling,
REAL ESTATE PURCHASE AND SALE AGREEMENT Anderson Cove Property
Pagel of 5
including the digging or boring of test holes for soil samples By
executing this agreement, Seller hereby authorizes Buyer a right of
entry on to the property for the purpose of conducting this
feasibility study including a Phase 1, and if necessary, a Phase H
environmental assessment Seller will be notified if a Phase 11
environmental assessment is to be conducted
(4) Buyer agrees to conduct its feasibility study at its sole cost and
expense, and if Buyer does not remove the feasibility contingency
on or before the expiration of the feasibility period, then Buyer also
agrees, if requested by Seller, to deliver to Seller copies of all
information and documentation obtained by Buyer in connection
with its feasibility study.
(5) For any on -site activity performed by Buyer during the feasibility
study, Buyer agrees to return the Property to its original state (i e.,
fill all boring holes, etc.)
Should any of these contingencies not be met by May 4, 2011, then this
Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or
obligations hereunder, except that the Earnest Money held in escrow shall be immediately
returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company,
whose address and telephone number is 9657 Levin Road NW, Silverdale, WA 98383; 360 -692-
2233, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to
the total purchase price of the Property. The cost of this policy shall be paid by Buyer at Closing
For purposes of this Agreement, the following shall not be deemed encumbrances or defects
rights reserved and federal patents or state deeds; building or use restrictions consistent with
current zoning, and utility and road easements of record. If title cannot be made so insurable
prior to the Closing date called for herein, unless, Buyer elects to waive such defects or
encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO - RATIONS. The cost of escrow shall be paid by
Buyer, except those fees which are expressly limited by Federal Regulation. Seller shall pay for
excise tax and revenue stamps Taxes for the current year, rents, interest, Association,
Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro-
rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. With the understanding that time is of the essence
for this agreement, this sale shall be closed by May 12, 2011 which shall also be the termination
date of this agreement unless said closing date is extended in writing by mutual agreement of the
parties When notified, the Buyer and Seller will deposit, without delay, in escrow with Land
REAL ESTATE PURCHASE AND SALE AGREEMENT Anderson Cove Property
Page 2 of 5
Title Company, all instruments and monies required to complete the transaction in accordance
with this agreement Closing, for the purpose of this agreement, is defined as the date that all
documents are executed and the sale proceeds are available for disbursement to the Seller
9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents that.
(a) Seller will maintain the Property in present or better condition until time
of agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
violation of laws relating to the subject Property except. A i c r-
(c) The Property is not encumbered by any leases.
12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents
that to the best of his/her knowledge that he /she is not aware of existence of, or has caused or
allowed to be caused, any environment condition (including, without limitation, a spill, discharge
or contamination) that existed as of and/or prior to the closing date or any act of omission
occurring prior to the closing date, the result of which may require remedial action pursuant to
any federal, state or local law or may be the basis for the assertion of any third party claims,
including claims of governmental entities except: Ny K C--
This provision shall survive the closing and be in addition to Seller's obligation for
breach of a representation or warranty as may be set forth herein.
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall
be limited to damages against Buyer in the liquidated amount of the earnest money previously
paid the Buyer Buyer and Seller intend that said amount constitutes liquidated damages so as to
avoid other costs and expenses to either party in connection with potential litigation on account
of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees
14. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate Buyer makes no warranty or representation of any kind that this
form, or any of its provisions, is intended to meet the factual and legal requirements of a
particular transaction, or that it accurately reflects that laws of the State of Washington at the
time you enter the agreement This agreement has significant legal and financial consequences.
By signing this agreement, Seller acknowledges that Seller has or has had the opportunity to
REAL ESTATE PURCHASE AND SALE AGREEMENT Anderson Cove Property
Page 3 of 5
consult with an attorney regarding Sellers rights and obligations in this agreement
15. BROKERS FEES /COMMISSIONS. Seller agrees to indemnify, defend and
hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to
be entitled to a commission with respect to the transaction contemplated by this agreement
16. NON - MERGER. The terms, conditions, and provisions of this Agreement shall
not be deemed merged into the deed, and shall survive the Closing and continue in full force and
effect
17. NOTICES All notices required or permitted to be given hereunder shall be in
writing and shall be sent U S certified mail, return receipt requested, or by facsimile
transmission addressed as set forth below
(a) All notices to be given to Buyer shall be addressed as follows
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337 -1873
(b) All notices to be given to Seller shall be addressed as follows:
Alan G. and Carla M Cady
Either party hereto may, by written notice to the other, designate such other
address for the giving of notices as being necessary. All notices shall be deemed given on the
day such notice is personally served, or on the date of the facsimile transmission, or on the third
day following the day such notice is mailed in accordance with this paragraph
18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns, and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below
REAL ESTATE PURCHASE AND SALE AGREEMENT Anderson Cove Property
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth below
BUYER: SELLER:
CITY OF BREMERTON ALAN G CADY
By- YlAv, //
Patty Lent, Mayor
Dated •
Dated.
CARLA M CADY
t�
Dated: 7 16
APPROVED AS TO FORM-
By
Roger A Lubovich, City Attorney
R \Lega1\Lega1\Fi1es \Current Active F►les\Anderson Cove Property Purchase\REPSA -19th & Taft doc
REAL ESTATE PURCHASE AND SALE AGREEMENT Anderson Cove Property
Page 5 of 5
EXHIBIT "A"
DESCRIPTION:
PARCEL I:
PART OF GOVERNMENT LOT 8, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING 763.40 FEET EAST AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID
SECTION 11; THENCE NORTH 100 FEET; THENCE EAST TO MEANDER LINE; THENCE SOUTH
ALONG SAID MEANDER LINE TO A POINT DUE EAST OF THE POINT OF BEGINNING; THENCE
WEST TO THE POINT OF BEGINNING;
EXCEPT THE EAST 80 FEET THEREOF;
TOGETHER WITH THAT PORTION OF VACATED TAFT AVENUE WHICH ATTACHES BY
OPERATION OF LAW PER ORDINANCE NO. 4659, RECORDED UNDER AUDITOR'S FILE NO
3201488.
PARCEL Ii:
THAT PORTION OF GOVERNMENT LOT 8, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 763.40 FEET EAST AND 130 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 6, BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 50 FEET; THENCE EAST 291 FEET, MORE OR LESS, TO GOVERNMENT MEANDER LINE;
THENCE SOUTHERLY ALONG SAID MEANDER LINE TO A POINT EAST OF THE TRUE POINT OF
BEGINNING; THENCE WEST TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED TAFT AVENUE WHICH ATTACHES BY
OPERATION OF LAW PER ORDINANCE NO. 459, RECORDED UNDER AUDITOR'S FILE NO
3201488.
SU EXHIBIT B-1
AERIAL VIEW OF
1 9TH ST
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EXHIBIT B-2
AERIAL VIEW OF SUBJECT PARCEL 66119
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EXHIBIT C
REAL PROPERTY TRANSFER DISCLOSURE STATEMENT FORM
INSTRUCTIONS TO THE SELLER
Please complete the following form Do not leave any spaces blank If the question clearly does not apply to the
property write "NA" If the answer is "yes" to any * items, please explain on attached sheets Please refer to the line
number(s) of the question(s) when you provide your explanation(s) For your protection you must date and sign
each page of this disclosure statement and each attachment Delivery of the disclosure statement must occur not
later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase
between a buyer and a seller
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE ,'BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT f 14 ��t. K a 3 � o l l t' Sr . <7 $ 3 t 'Z ( "THE
PROPERTY "), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL
DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME
SELLER COMPLETES THIS DISCLOSURE STATEMENT UNLESS YOU AND SELLER OTHERWISE
AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S
AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY
DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR
SELLER'S AGENT IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT,
THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO
A SALE AGREEMENT
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF
ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY
AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND
SELLER
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY
YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT
THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND
SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON -SITE
WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS THE PROSPECTIVE
BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE
PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH
RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES
Seller is/ is n occupying the property
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk ( *), please explain your
answer and attach documents, if available and not otherwise publicly recorded
If necessary, use an attached sheet
1 TITLE
(1l1 Yes ( ] No [ ] Don't know A. Do you have legal authority to sell the
property? If no, please explain.
1 of 7
[)(J Yes [ ] No [ ] Don't know *B Is title to the property subject to any of
` the following?
(1) First right of refusal Q
(2) Option gee C,44 - 1
(3 ) Lease or rental agreement 3 Ji rQ s J 4 ' a -{ 5
(4) Life estate? 0"t fC e mew
[ ] Yes 041" No [ ] Don't know *C. Are there any encroachments, boundary
agreements, or boundary disputes?
[ ] Yes No ( ) Don't know *D. Are there any rights of way, easements, or
access limitations that may affect the
Buyer's use of the property?
[ ] Yes No [ ] Don't know *E Are there any written agreements for joint
maintenance of an easement or right of way?
[ ) Yes [ ] No [ Don't know *F Is there any study, survey project, or
notice that would adversely affect the
property?
[ ] Yes P� No [ ] Don't know *G Are there any pending or existing
assessments against the property?
Yes [ ] No [ ] Don't know *H Are there any zoning violations,
X314 CkvSeet - ti6.,-10d -y cinmm orming uses or any unusual
Cu r f e.. +t, a L \ &u ed. restrictions on the property that would
affect future construction or remodeling?
[ ] Yes X No [ ] Don't know *I Is there a boundary survey for the
property?
[ ] Yes (�No [ ] Don't know *J. Are there any covenants, conditions, or
restrictions which affect the property?
2 WATER
A Household Water
(1) The source of water for the property
is:
[�' Private o publicly owned ater
system
( ] Private well serving only the subject
property
*[ ] Other water system
Yes [ ) No [ ] Don't know *If shared, are there any written
agreements?
�14 [ ] Yes [ ] No [ ] Don't know *(2) Is there an easement (recorded or
unrecorded) for access to and /or
VNo maintenance of the water source?
Yes [ ] Don't know *(3) Are there any known problems or
repairs needed"
0 Yes [ ] No [ ] Don't know (4) During your ownership, has the source
� provided an adequate year round supply
of potable water? If no, please
explain
[ ] Yes ( J No [ ] Don't know *(5) Are there any water treatment
systems for the property? If yes, are
they
[ ] Leased [ ] Owned
B Irrigation
( ) Yes I No ( ] Don't know (1) Are there any water rights for the
property, such as a water right,
permit, certificate, or claim>
[ ] Yes j�J No [ ] Don't know *(a) If yes, have the water rights been
used during the last five years?
( ] Yes No [ ] Don't know *(b) If so, is the certificate available?
2 of 7
C Outdoor Sprinkler System
[ ] Yes [ No ( ] Don't know (1) Is there an outdoor sprinkler system
/ for the property?
[ ] Yes [ o [ ] on't know (2) If yes, are there any defects in the
system?
[ ] s ( ] [ ) Don't know *(3) If yes, is the sprinkler system
connected to irrigation water?
3 SEWER /ON -SITE SEWAGE SYSTEM
A The property is served by- (Public sewer
system, [ ] On- site sewage system (including
pipes, tanks, drainfields, and all other
component parts) [ ] Other disposal system,
please describe.
f�(f Yes [ ] No [ ] Don't know B If public sewer system service is available
to the property, is the house connected to
the sewer main? If no, please explain
[ ] Yes �yNo ] 't know C. Is the property • subject to any sewage system
fees or charges in addition to those covered
in your regularly billed sewer or on -site
sewage system maintenance serviceP
D If the property is connected to -site
sewage system.
cno
*(1) Was a permit i ed for its
construction nd was it approved by
the loc ealth department or district
fol ing its construction
When was it last pumped:
.. . .... . . . . . . .
[ ] Yes ( ] No [ ] Don't know *(3) Are there any de ts in the
operation of c
on -site sewage
system?
[ ] Don't know (4) n was it last ins ected
By Whom
.( ] Don't know (5) For how any bedrooms was the on -site
wage ystem approved 7
bedrooms
[ ] Yes [ ] No [ ] Don't know rE a plumbing fixtures, including laundry
ai , connected to the sewer /on -site sewage
m? If no, please explain
[ ] Yes [ ] No ( ] Don't know Ha a there been any changes or repairs to
the on -site sewage system?
[ ) Yes [ ] No [ ] Don't now G Is the on -site sewage system, including the
drainfield, located entirely within the
boundaries of the property> If no, please
explain.
3 of 7
[ ] Yes [ ] No [ on't know H Does the on -site sew system require
monitoring and mai enance services more
frequently tha nce a years If yes, please
explain.
NOTICE IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING
COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS
NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4 STRUCTURAL OR ITEM 5
SYSTEMS AND FIXTURES
4 STRUCTURAL '!L t iC a t y S a &VI O
[ ] Yes [ ] No W Don't know *A. Has the roof leaked? -OA 1 P5.
()d Yes [ ] No ( ] Don't know *B Has the basement f looded or leaked? ZI 3 kq sn �7 .
[ ] Yes Qd No ( ] Don't know *C. Have there been any conversions,
additions, or remodeling?
[ ] Yes [ ] No [%] Don't know *(1) If yes, were all building permits
obtained?
[ ] Yes [ ] No [Xf Don't know *(2) If yes, were all final inspections
obtained?
[)(1 Yes [ ] No [ ] Don't know D Do you know the age of the house? If yes,
year of original construction
Ae,(L S50 R_
[ Yes ( ] No ( ] Don't know *E. Has there been any settling, slippage,
or sliding of the property or its
improvements?
[ ] Yes [ ] No [ ] Don't know *F. Are there any defects with the
following-
(If yes, please check applicable items and
explain )
[Y] Foundations a alb [ ] Decks [ J Exterior Walls
[ I Chimneys [ ] Interior Walls ( ] Fire Alarm
[ ] Doors [ ] Windows ( ] Patio
[ J Ceilings [ ] Slab Floors [ ] Driveways
[ ] Pools [ ] Hot Tub [ ] Sauna
(3rl Sidewalks ��" [ ] Outbuildings [ ] Fireplaces
[ ]
Garage Floor �~
g [ ] walkways [ ] Siding
[ ) Other [ ] Wood Stoves
[ ] Yes No [ ] Don't know *G Was a structural pest or "whole house"
inspection done? If yes, when and by whom
was the inspection completed?
(x] Yes [ ] No ( ] Don't know H During your ownership, has the property
had any wood destroying organism or pest
infestation?
[ ] Yes [ J No Don't know I Is the attic insulated
[ ] Yes [ ] No Don't know J Is the basement i.nsulated>
4of7
5 SYSTEMS AND FIXTURES
*A If any of the following systems or
fixtures are included with the transfer,
are there any defects? If yes, please
explain.
[ j Yes [ ] No r4 Don't know Electrical system, including wiring,
switches, outlets, and service
[ ) Yes [ ] No U1]" Don't know Plumbing system, including pipes,
faucets, fixtures, and toilets
[ ] Yes [ ] No [ Don't know Hot water tank
Garbage disposal— �•�e! t.► G
[ ] Yes ( ] No [xT Don't know Appliances
Sump pump mo ry
[ ] Yes [ ] No [-pct Don't know Heating and cooling systems
' Security system
( ] Owned [ ] Leased
Other
*B If an the following fixtures or
propefEy is included with the transfer,
re they leased? (If yes, please attach
copy of lease )
[ ] Yes [ ] No [ ] Don' n w Security system
[ J Yes [ ] No [ on't know Tanks (type)
[ ] Yes [ ] [ ] Don't know Satellite dish
Other
6 COMMON INTERESTS
[ ] Yes No [ ] Don't know A Is there a Home Owners' Association? Name
of Association
[ ] Yes j)1 No [ ] Don't know B Are • there regular periodic assessments
$ per [ ] Month [ ] Year
[ ] other
[ ] Yes . [/No .. [ ] Don't know *C Are there any pending special
assessments?
[ ] Yes O No [ ] Don't know *D Are there any shared "common areas" or
any joint maintenance agreements
(facilities such as walls, fences,
landscaping, pools, tennis courts,
walkways, or other areas co -owned in
undivided interest with others)"
/ 7 GENERAL
( ] Yes 04 No [ ] Don't know *A Have there been any drainage problems on
the property7 -
property F
>er Yes [ ] No [ ] Don't know *B Does the contain fill material? 2 3k0
[ ] Yes [x1 No [ l Don't know *C Is there any material damage to the
property from fire, wind, floods, beach
movements, earthquake, expansive soils, or
landslides?
[ ] Yes [ J No Don't know D Is the property in a designated flood
plain?
[ ] Yes ( ] No Don't know *E Are there any substances, materials, or
products on the property that may be
environmental concerns, such as asbestos,
formaldehyde, radon gas, lead -based paint,
5 of 7
I
fuel or chemical storage tanks, or
contaminated soil or water?
[ ) Yes [ ] No ( ] Don't know *G Has the property ever been used as an
illegal drug manufacturing site?
[ ] Yes 1' No [ J Don't know *H. Are there any radio towers in the area
that may cau interference with telephone
reception?
8. MANUFA ED AND MOBILE HOMES
If the roperty includes a manufactured or
M le home,
[ ] Yes [ ] No [ l Don't know * Did you make any alterations to the
home?
If yes, please describe the alterations
[ ] Yes [ ] No [ ] D I t know *B. Did any previous owner make any
alterations to the home? If yes, please
describe the alterations . .
[ ] Yes [ ] [ l Don't know *C. If alterations were made, were permits
or variances for these alterations
obtained?
9. FULL DISCLOSURE BY SELLERS
A Other conditions or defects
[ ] Yes o ]k'] Don't know *Are there any other existing material
defects affecting the property that a
f[/oft"� m 7 prospective buyer should know about?
B. Verification
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my /our knowledge
and I /we have received a copy hereof I /we
authorize all of my /our real estate
licensees, if any, to deliver a copy of
this disclosure statement to other real
estate licensees and all prospective
buyers of the property
DATE �: `� l SELLER /) ,Z�
SELLER
6 of 7
NOTICE TO THE BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW
ENFORCEMENT AGENCIES THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO
OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX
OFFENDERS
II BUYER'S ACKNOWLEDGMENT
A Buyer hereby acknowledges that- Buyer has a duty to pay diligent
attention to any material defects that are known to Buyer or can be
known to Buyer by utilizing diligent attention and observation
B The disclosures set forth in this statement and in any amendments to
this statement are made only by the Seller and not by any real
estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64 06.050(2), real estate
licensees are not liable for inaccurate information provided by
Seller, except to the extent that real estate licensees know of
Such inaccurate information
D. This information is for disclosure only and is not intended to be a
part of the written agreement between the Buyer and Seller
E Buyer (which term includes all persons signing the "Buyer's
acceptance" portion of this disclosure statement below) has
received a copy of this Disclosure Statement (including
attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED
ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS
DISCLOSURE STATEMENT UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER
SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS
DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED
WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT IF THE SELLER DOES NOT
GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO
RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND
NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY
DATE BUYER
R \Legal \Legal\Fdes \Current Active Files \Victono - property purchase\Seller's Disclosure Statement doc
7 of 7
Page 1 of 1
Christine Grenier &A
From Christine Grenier on behalf of City Council
Sent Tuesday, April 26, 2011 4 21 PM
To City Council
Subject Proposed purchase of property in Anderson Cove
FYI
Christine
From: Jim McDonald [mailto jimmcdonalddistl @hotmail com]
Sent: Tuesday, April 26, 20114 16 PM
To: doriscarender @hotmail com
Cc: City Council, Wyn Birkenthal, Larry Matel, Vincent Akhimie
Subject: Proposed purchase of property in Anderson Cove
Doris and James Carender,
Thank you for your letter regarding the proposed purchase of property in the Anderson Cove area You
are correct that Proposition 1 (neighborhoods now) failed in 2007 If approved, the measure would have
provided for increase parks maintenance, an additional code enforcement person, additional sidewalks,
and park property purchases (including proposed purchases in Anderson Cove and East 17th Street)
The following link describes all the benefits that this levy would have
provided httv / /www ci bremerton wa us /forms /mayor /NN presentation pdf
While the proposition failed, it did not negate the City's efforts to improve the qualify of life for all our
citizens including those in Anderson Cove The Anderson Cove area is underserved regarding access to
park property
In 2010, the City Council approved an $800,000 grant from the Department of Ecology The grant is to
be used for storm water retrofit and Low Impact Development (LID) projects No city funds are required
to support this grant funding The City has identified four or five projects that will be funded by this
grant If approved, the largest portion would be applied to the Anderson Cove area The proposed
purchase would be to construct an LID storm water infiltration for the 65 acre Anderson Cove basin The
filtration site would filter oil and other pollutants that currently flow into the bay from our storm water
piping As an added and secondary benefit, the site could be used by the public for waterfront access
This is a wonderful concept developed by our Public Works staff Our City has become a leader in
reducing storm water pollution by implementing Low Impact Development techniques such as these
Projects like the proposed Anderson Cove project will also save the City a lot of money in the future
because we will avoid having to develop storm water treatment methods for this area Storm water
treatment is being required by regulators in more and more areas every day
This is an extremely sound project and a win -win for our environment and our citizens I fully intend to
support this effort
Respectfully,
Jim McDonald
Bremerton City Council
District 1
Public Works Committee Chairman &
Public Safety and Parks Committee Chairman
4/26/2011
Page 1 of 1
Christine Grenier
From Christine Grenier on behalf of City Council
Sent Tuesday, April 26, 2011 2 30 PM
To City Council
Subject Citizen Concern - Proposed Sale of Anderson Cove Property (Doris Carender)
Please see letter below relating to Item B4 on the April 27 Study Session Agenda
Christine
From: Doris Carender [ mailto :doriscarender @hotmail.com]
Sent: Tuesday, April 26, 2011 156 PM
To: City Council
Subject: Anderson Cove - On 4/27 Agenda for City Council Study Session
ti
Dear Public Works Committee Members McDonald, Arends, Robinson, Wofford
and Parks Committee Members Brockus, Runyon and McConnell
We note that purchase of property at 2320 19th Street, Anderson Cove, is on the agenda for discussion
for the Study Session on 4/27 In a recent Kitsap Sun article on the new park being built there, the
following was stated "Securing waterfront property in the neighborhood for park space was part of the
measure the city put before voters in 2007, a measure that was soundly defeated" This doesn't sound
like the voters of Bremerton want the City to spend $$$$ to buy and refurbish a park "Soundly
defeated" seems pretty unambiguous and yet that is exactly what is on the study session agenda,
securing waterfront property for a park space Did we miss an election since 2007 in which different
results were obtained? If so, please advise us
Additionally, look at the article ( http / /www kitsapsun com/ news /2011/apr/22 /for- once- a- promise-
fulfilled- for - anderson- cove / #ixzzlKfCgLD1S and scroll down to the comments received in response to
this article. One of them says, 'This is what,
the third time the park has had to be 'renovated' after being trashed by the druggies and gangbanger
wannabee's?
I remember when they tore down the (IIRC) day care that was there and they put in the gardens - and
how all the residents
swore up and down they would take care of them and protect them and that the neighborhood would
thus be re- vitalized." This doesn't sound like a good investment of our city money at this point in time.
Respectfully,
Doris and James Carender
Bremerton
4/26/2011
DATE SUBMITTED April 6, 2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 13
■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeee�
SUBJECT: Resolution No 3 13q Committee Meeting Date 4� 7 golf
submitting proposed charter amendments to COUNCIL MEETING Date � y p
the voters of the City. Department City Attorneys Office
Presenter- Roger Lubovich
Phone. 473 -2345
SUMMARY: The City Council is proposing charter amendments for the submission to registered
voters at the general election on November 8, 2011 to reduce the size of the City Council from nine
Council Members to seven Council Members and to make other related changes
ATTACHMENTS: Proposed Resolution N o - 3 i 3 1
FISCAL IMPACTS (Include Budgeted Amount)
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY.
FINANCE DIRECTOR f
MAYOR
COMMITTEE CHAIR _
COUNCIL PRESIDENT CONSENT AGENDA ❑
GENERAL BUSINESS X
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve Resolution No 3 9 setting forth amendments
to the City Charter for submission to the voters of the City of Bremerton at the general election to be
held November 8, 2011
4
4& , COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table dContinue ❑ No Action
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, setting forth amendments to the City
Charter for submission to the qualified voters of the City of
Bremerton for approval or refection at the general election to be
held on November 8, 2011
WHEREAS, the City Council is proposing a charter amendment to reduce the size
of the City Council from nine Council Members to seven Council Members and to make other
related changes, and
WHEREAS, pursuant to RCW 35 22 130, the City Council may propose
amendments to the City Charter, and
WHEREAS, amendments to the City Charter must be submitted to the qualified
electors of the City of Bremerton for approval or refection, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. The proposed amendments to the City Charter, as set forth in
Exhibit A attached hereto and incorporated herein by reference, shall be submitted to the
qualified electors of the City, for their ratification or refection, at the general election to be held
November 8, 2011 in accordance with RCW 35 22 160, which amendments shall become
effective upon certification of the election results following passage of this ballot measure
SECTION 2. The Kitsap County Auditor, as ex officio supervisor of Elections,
is hereby requested to submit the proposition to the electors of the City of Bremerton of whether
or not the proposed amendments to the City Charter shall be adopted as set forth in Exhibit A
SECTION 3. In accordance with RCW 35 22 170, the proposed amendments to
the City Charter shall be published in the Kitsap Sun at least once each week for four weeks next
preceeding the day of submitting the same to the electors for their approval or refection
SECTION 4. Severability If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION S Effective Date This Resolution shall take effect and be in force
immediately upon its passage
1
2011 Charter Amendment
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \LEGAUfileshCharter Amendments\2011 Charter Amendment - Resolution doc
2
2011 Charter Amendment
EXHIBIT A
CHARTER OF THE CITY OF BREMERTON
TABLE OF CONTENTS
ARTICLE I Name, Boundaries, Powers, Definitions
Section 1 Name
Section 2 Boundaries
Section 3 Definitions
Section 4 Rights and Powers
Section 5 Powers — How Exercised
ARTICLE II Elective Officers
Section 6 Officers — Election — Term — Qualifications
Section 7 Change in Districts
Section 8 Compensation — Reimbursement
Section 9 Vacancies — Events Creating
Section 10 Vacancies — Filling
Section 11 Pro Tempore Appointment
ARTICLE III Legislation
Section 12 Powers Vested in Council
Section 13 Council Meetings - Public Notice of Meeting Agendas
Section 14 Open Meetings — Requisites
Section 15 Ordinances — Styles — Requisites — Veto
Section 16 Ordinances — Authentication and Recording
Section 17 Publication of Ordinances or Summary of Ordinances
Section 18 City Auditor
ARTICLE IV Administration
Section 19 Duties and Authority of the Mayor
Section 20 Appointive Officers — Duties — Compensation
Section 21 Appointment and Removal of Appointive Officers and Employees —
Terms
Section 22 Oath of Appointive Officers and Employees
Section 23 City Attorney
ARTICLE V Finance
Section 24 Organization
Section 25 Receipt, Custody, and Disbursement of Funds
L
Section 26 Fiscal Year
Section 27 Public Utilities
ARTICLE VI Civil Service
Section 28 Commission, Creation of
Section 29 Commission, Rules and Powers
Section 30 Civil Service Officer
Section 31 Employees Included in Civil Service
ARTICLE VII Boards, Commissions and Committees
Section 32 Member Residency Requirement
ARTICLE VIII Recall, Initiative and Referendum
Section 33 Recall
Section 34 Initiative and Referendum
ARTICLE IX Franchises
Section 35 Franchises — Term — Renewal
Section 36 Franchise — Compensation — Publication
Section 37 Franchise — Council Rights
Section 38 Franchise — Transfers
ARTICLE X Miscellaneous
Section 39 Legal Continuity
Section 40 Employment Continuity
Section 41 Report — Requisites of Claim — Time Limitations
ARTICLE XI Amendments
Section 42 Conform to State Law
Mien 3 GhaAer- Amended Eff-eetive Date
11
CHARTER
OF THE
CITY OF BREMERTON
ARTICLE I.
Name, Boundaries, Powers, Definitions
Section 1 - Name:
The corporate name of this City is BREMERTON
Section 2 - Boundaries:
The existing boundaries may be changed in the manner provided by law
Section 3 - Definitions:
As used in this Charter, unless the context indicates otherwise
(1) RCW - Means the Revised Code of Washington, and refers to any subsequent
amendments to statutes referenced in this Charter
(2) Residence - Residence within any territory included in, annexed to, or
consolidated with the City is construed to have been residence within the City
(3) Shall - Means mandatory
(4) May - Means optional
(5) Appointive Officer — Means those employees appointed by the mayor and
confirmed by the Council as established by Charter and by ordinance
Section 4 - Rights and Powers:
By and in the corporate name, the City shall have perpetual succession and all powers of a First
Class city, may sue and be sued in all courts and proceedings, use a corporate seal approved by
its legislative body, and, by and through its legislative body, may contract and be contracted
with, may purchase, lease, receive, or otherwise acquire real and personal property of every kind,
and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit
Section 5 - Powers - How Exercised:
All powers of this City, unless otherwise provided in this Charter, shall be exercised by, through
and under the direction of a mayor, who shall be the chief executive and admirustrative officer,
and mae seven council members who shall constitute the City Council (hereafter referred to as
Council) The Council shall serve as the legislative body of the City The Mayor and Council
shall be subject to the control and direction of the people at all times by means of the initiative,
referendum and recall provided for in this Charter
1
ARTICLE II.
Elective Officers
Section 6 - Officers - Election - Term - Qualifications:
(1) Effective until the first day of January 2014, The-the elective officers of this City
shall be eleven in number The Mayor and Municipal Judge, who shall be elected by majority
vote from the City at large, and nine part-tune members of Council, who shall be elected by
majority vote from each of their respective districts Effective the first day of January 2014 as
set forth in Section 6(2) below, the elective officers of this City shall be reduced from eleven to
nine in number The Mayor and Municipal Judge who shall be elected by ma�onty vote from
the Cit at t large and seven part-time members of Council who shall be elected by mato vote
from each of their respective districts No person shall be eligible for election to any City office,
unless he or she is a citizen of the United States and has resided in Bremerton for at least one
year preceding election, except the Municipal Judge, who need only be a citizen and reside in
Kitsap County and licensed to practice law in the State of Washington No person shall be
eligible for the position of council member while holding any other elective public office or
otherwise employed by the city Candidates for Council must also be residents of their
respective districts at the time of filing The Mayor shall continuously reside within the City and
Council members shall reside continuously within their district during their elective teens,
except as provided in Section 7 of this Charter Except as set forth in Section 6(2 ) below, The
the terms of all elective officers shall commence on the first day in January following their
election and shall be for a period of four years until their successors are elected and have
qualified r th e � tt en pesitiens -��, 5� � a � t, n stan � i t and � 1 997 � -QrpC �' uaau r
(2) Effective the first dgy of January 2014 the Council members and the Council
districts of this City shall be reduced from nine to seven in number Elections for all Council
districts as redistricted shall be held in 2013 Council members elected in 2013 to represent
districts 1 3 5 and 7 as redistricted each shall serve a four year term Council members elected
in 2013 to represent districts 2 4 and 6 as redistricted each shall serve a two year term
Thereafter municipal elections shall be held biennially and the requisite Council members shall
be elected for four year terns
Section 7 - Change in Districts:
Council may change the boundaries of existing districts by ordinance to make each as equal in
population as practicable, so long as redistricting is approved forty -five days before the fourth
Monday in July Except as set forth in Section 6(2) above, Ne-no change in the boundaries of
districts shall affect the terns of any council members, they shall serve out their terms
representing the district for which they were elected even though such change of district
boundaries may result in more than one council member residing in the same district
Section 8 - Compensation - Reimbursement:
(1) The Mayor's and Judge's compensation may be increased during a tern of office
by ordinance.
(2) There is hereby created the Bremerton Citizen's Commission on Council Salaries
pursuant to RCW 35 21 015 appointed as provided herein to set the salary of the Council
members
2
(a) The Commission shall consist of three (3) members who shall be
registered voters and residents of the City of Bremerton No City officer, official, or employee
or immediate family member of any City officer, official or employee shall be eligible for
membership on the Commission As used in this section, "immediate family member" means
parents, spouse, siblings, children or dependent relative of the officer, official or employee
whether or not living in the household of the officer, official or employee
(b) Commission members shall be appointed by the Mayor, subject to
approval of Council
(c) Commission members shall be appointed for three year staggered terms of
office Commission members may not be appointed to more than two terms
(d) No member shall be removed during his or her term of office unless for
cause of incapacity, incompetence, neglect of duty or malfeasance in office or for a disqualifying
change of residence
(e) Upon a vacancy in any position on the Commission a successor shall be
appointed to serve the unexpired term The appointment shall be made in the same manner as for
original appointments
(f) The members of the Commission shall receive no compensation for their
services but shall receive reasonable reimbursement for their expenses in accordance with state
law and city ordinance Staff shall be assigned to the Commission to provide support for its
work
(3) The Commission authority and responsibility shall be as follows
(a) The Commission shall study the relationship of salaries to the duties of the
City Council members and shall fix a salary for each such position by an affirmative vote of not
less than a majority of the commission
(b) Except as approved in this section, the Commission shall be solely
responsible for its own organization, operation and action and shall enjoy the fullest cooperation
of all City officers, officials, departments and employees The Commission shall have access to
all City books, papers, documents and accounts applying or in any way concerning the subject
matter of this section
(c) The members of the Commission shall elect a chairperson from among
their number every two years
(d) The Commission shall file any change in its schedule of salaries for the
positions of City Council members with the City Clerk by July 1 st of the applicable year so as to
coincide with the City budget cycle
(e) Each schedule shall become effective thirty days after filing with the City
Clerk Salary decreases established by the Commission shall become effective as to incumbent
City Council members at the commencement of their next subsequent terms of office Such
schedule shall be subject to referendum in the same manner as provided by Section 34 of this
Charter
(f) Prior to the filing of any salary schedule the Commission shall hold no
fewer than two public hearings thereon within the four months immediately preceding the filing
(g) Signature of the chairperson of the Commission shall be affixed on each
schedule submitted to the City Clerk
(4) The Mayor, Municipal Judge and Council members shall receive reimbursement
for their necessary expenses incurred in the performance of the duties of their office as provided
to City management and professional employees
3
Section 9 - Vacancies - Events Creating:
The position of an elected officer shall become vacant upon the occurrence of any of the
following events
(1) Death
(2) Resignation
(3) Judicially declared incompetency
(4) Failure to maintain residency as required by Charter
(5) Failure to qualify within two days after the beginning of term
(6) Continuous absence from the City for more than thirty days during a term of
office without consent of Council, unless on business of the City
(7) Conviction of or plea of guilty to a felony or to a crime involving moral turpitude,
or an offense involving the oath of office
Section 10 - Vacancies - Filling:
(1) A vacancy in the office of the Mayor or Council shall be filled for the remainder
of the unexpired term, if any, at the next municipal general election
Council or the remaining members thereof by majority vote shall appoint a qualified
person to fill the vacancy until the person elected to serve the remainder of the unexpired term
takes office
(2) If, after thirty days have passed since the occurrence of a vacancy, Council is
unable to agree upon a person to be appointed to fill a vacancy on Council, the Mayor, shall
make the appointment from among the persons nominated by members of Council
(3) If at any time the membership of Council is reduced below a quorum, the
remaining members, if any, shall appoint the requisite number of qualified persons to create a
quorum who will appoint qualified persons to fill the remaining vacancies The appointees shall
serve until persons are elected to serve the remainder of the unexpired terms at the next available
special election for partisan offices unless there is an earlier available general election
(4) If no council members remain, the Mayor shall appoint qualified persons to
temporarily fill the vacancies The appointees shall serve until persons are elected to fill the
remainder of the unexpired terms at the next available special election for partisan offices unless
there is an earlier available general election
(5) In the event all Council positions and the Mayor's position become vacant, the
Municipal Judge, or the Governor of the State of Washington if the position of Judge is vacant,
shall appoint a qualified person as Acting Mayor The Acting Mayor shall perform, and
appointees shall serve, pursuant to subsection four above
(6) A vacancy in the office of Municipal Judge shall be filled by the Mayor for the
remainder of the unexpired term, subject to Council confirmation
Section 11- Pro Tempore Appointment:
(1) Annually at the first meeting of Council, or when needed to fill a vacancy, the
members thereof, by majority vote, shall designate one of their number as Council President to
serve as Mayor Pro Tempore, to serve at the request of the Mayor, or to fill an unanticipated
need in the absence or temporary disability of the Mayor
(2) The Mayor Pro Tempore shall perform all duties of the Mayor in the absence or
temporary disability of the Mayor, except he or she may only remove appointive officers subject
to Council confirmation after the Mayor has been absent for thirty consecutive days, at which
4
time the Mayor Pro Tempore may remove such persons subject to any applicable law, rule, or
regulation relating to civil service, with the approval of Council majority plus one
(3) The Mayor may appoint qualified persons to serve as Municipal Judge pro
tempore pursuant to RCW 3 50 090
ARTICLE III.
Legislation
Section 12 - Powers Vested in Council:
Council shall have power to organize and regulate its internal affairs, to define the functions,
power, and duties of the City's officers and employees, to fix the compensation and working
conditions of such officers and employees and establish and maintain civil service or meet
systems, retirement and pension systems not in conflict with state law or this Charter Council
may adopt and enforce ordinances relating to and regulating its local or municipal affairs and
appropriate to the good of the government of the City, and, pursuant to state law, may impose
penalties of fine, or imprisonment, or both, for the violation of such ordinances constituting a
misdemeanor or gross misdemeanor as provided therein Council may provide that violation of
such shall constitute a civil violation subject to a monetary penalty Council shall have all
legislative powers possible for a city or town to have under the Constitution of this State By
way of illustration and not in limitation, such powers may be exercised in regard to acquisition,
sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing,
disposition, vacation, abandonment or beautification of public ways, real property of all kinds,
waterways, structures, or any other improvement or use of real or personal property Such
powers may be exercised in regard to all aspects of collective bargaining, in the rendering of
social, cultural, recreational, educational, governmental, or corporate services, including
operating and supplying of utilities and municipal services commonly or conveniently rendered
by cities or towns In addition and not in limitation, Council shall have any authority given to
any class of municipality or all municipalities of this state, such authority to be executed in the
manner provided, if any, by the granting statute Within constitutional limitations, Council shall
have within the City corporate limits all powers of taxation for local purposes allowed by state
law
Section 13 - Council Meetings - Public Notice of Meeting Agendas:
(1) Council shall meet regularly, at least once a month, at such tunes and locations as
designated by the Council
(2) Council shall meet at a place within the corporate limits of the City, at such times
as may be fixed by ordinance or resolution
(3) A majority of Council constitutes a quorum
(4) Meetings of Council shall be presided over by the member selected as Council
President Appointment of a Council President shall not in any way abridge the President's right
to vote on matters coming before Council at such meetings.
(5) In the absence of the City Clerk or Deputy Clerk or other qualified person
appointed by the Clerk, a council member may perform the duties of Clerk at such meeting while
retaining rights to participate and vote during the meeting
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Section 14 - Open Meetings - Requisites:
(1) All meetings of Council and City boards, commissions and committees shall be
open to the public except as excluded by 42 30 RCW or this Charter.
(2) Conditions for attendance, time and place, procedures for interruption,
adjournments, continuances, executive sessions, adoption of ordinances, rules and regulations,
and prohibition of secret ballots shall be as prescribed within Chapter 42 30 RCW
(3) Council, by ordinance, shall establish a procedure for notifying the public of
upcoming open meetings and agendas
Section 15 - Ordinances - Styles - Requisites - Veto:
(1) The enacting clause of all ordinances shall be as follows "The City of Bremerton
does ordain ". No ordinance shall contain more than one subject and that must be clearly
expressed in its title
(2) No ordinance, or any section or subsection thereof, or any municipal code section
or subsection, shall be revised or amended, unless the new ordinance sets forth the revised
ordinance or the amended section or subsection at full length
(3) All legislation and appropriation of money shall be by ordinance, save where
there is a special fund created for a particular purpose, payments from such funds shall be made
on order of the Council
(4) Hearings of ordinances shall be as provided by state law or as designated by
Council Every ordinance shall have one reading except that, upon a request of a Council
Member, an ordinance shall have two or more readings unless otherwise directed by the Council
No ordinance shall take effect until at least ten (10) days after publication stated in the ordinance,
except as provided below
(a) Upon the happening of any non - debatable emergency as enumerated in RCW
35 33 081, Council may adopt an ordinance addressing the emergency or appropriating funds not
available in the annual budget to meet it by a vote of one more than the majority of all members
of Council, stating the facts constituting the emergency Such ordinance shall become effective
at passage without notice or hearing, but requires subsequent publication in the official
newspaper
(b) Ordinances addressing public emergencies not specifically enumerated in
RCW 35.33 081 or appropriating funds to meet such emergencies which could not have been
anticipated in the annual budget, may be appropriated by ordinance declaring an emergency and
stating the facts constituting the emergency Such ordinance shall not be voted on until five days
have elapsed after its introduction, and shall require the vote of one more than the majority of all
members of Council for passage Any taxpayer of the City may appear at the meeting at which
the emergency ordinance is to be voted on and be heard for or against the adoption of it The
ordinance shall become effective upon passage and publication
(c) Initiative ordinances adopted by the voters of the City shall take effect at the
time fixed therein or, if no such time is designated within ten (10) days after the official canvass
of the ballots pursuant to state law
(5) Every ordinance that passes Council in order to become valid must be presented
to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written
objections to Council who shall cause the objections to be entered on the record and proceed to
reconsideration thereof within thirty (30) days of return of the vetoed ordinance If upon
reconsideration, a majority plus one of the whole membership favor its passage, the ordinance
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shall become valid notwithstanding the Mayor's veto The Mayor's veto with respect to budget
measures shall extend to specific items only, and not to the whole budget If the Mayor fails for
ten days to either approve or veto an ordinance, it shall become valid without approval
Ordinances shall be signed by the Mayor and attested by the City Clerk
Section 16 - Ordinances - Authentication and Recording:
The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the
purpose of retaining all ordinances and resolutions adopted by Council Copies of such shall be
available for inspection by the public
Section 17 - Publication of Ordinances or Summary of Ordinances:
Promptly after adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the City's official newspaper except bond
ordinances which may be published by title alone. For the purpose of this section, a summary
shall mean a brief description which succinctly describes the main points of the ordinance
Publication of a summary shall include notice that the full text is available from the City Clerk
An inadvertent mistake or omission in publishing the text or a summary of the content of an
ordinance shall not render the ordinance invalid
Section 18 - City Auditor:
There shall be an Auditing Committee consisting of two Council members and an independent
Certified Public Accountant to be designated by Council, and two Bremerton residents selected
by the designated members of the Auditing Committee The Auditing Committee shall appoint a
City Auditor who shall serve at the pleasure of the Committee The City Auditor shall only be
removed by the majority vote of the entire membership of the Committee sitting as a whole
ARTICLE IV.
Administration
Section 19 - Duties and Authority of the Mayor:
The Mayor
(1) Shall be the chief executive and admuustrative officer of the City in charge of all
departments and employees
(2) Shall see that all laws and ordinances are faithfully enforced and that law and
order are maintained in the City
(3) Shall have general supervision of the administration of city government and all
city interests
(4) Shall see that all contracts and agreements made with the City or for its use and
benefit are faithfully kept and performed, and to this end, may cause any legal procedures to be
instituted and prosecuted in the name of the City, subject to approval by majority vote of all
members of Council
(5) Shall report to Council, in a public meeting, concerning the affairs of the City and
its financial and other needs, and shall make recommendations for Council consideration and
action.
(6) Shall prepare and submit to Council a proposed budget
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- (7) Shall be the official and ceremonial head of the City and shall represent the City,
except that when illness or other duties prevent the Mayor's attendance at an official function and
the Mayor Pro Tempore is unavailable, a member of Council or some other suitable person may
be designated by the Mayor to represent the City on such occasion
(8) Shall devote full -time, during business hours, to the service of the City and shall
not hold any other public office except notary public
Section 20 — Appointive Officers - Duties - Compensation:
Appointive officers shall be those provided for by City Charter or ordinance and shall include a
City Attorney and City Clerk The office of City Clerk may be merged with any other compatible
appointive office The authority, duties and qualifications of all appointive officers shall be as
prescribed by charter, ordinances, or applicable job description
Section 21 - Appointment and Removal of Appointive Officers and Employees - Terms:
The Mayor shall have the power of appointment and removal of all appointive officers and
employees, except the City Auditor, City Attorney, Court employees and Council employees,
subject to any applicable law, rule or regulation relating to civil service Council employees who
serve at the pleasure of the Council may only be removed by a majority vote of Council sitting as
a whole The head of a department may be authorized by the Mayor to appoint and remove
subordinates in such departments or office, subject to applicable union agreements and any
applicable civil service provisions All appointments of appointive officers and employees shall
be made on the basis of ability and training or experience in the duties of the position, and in
compliance with provisions of any ment system applicable to the City Confirmation by Council
of appointments of appointive officers shall be required Appointive officers shall be without a
definite tern unless a term is established for such office by law or ordinance The Mayor shall
have the sole authority to accept the resignation of any appointive officer
Section 22 - Oath of Appointive Officers and Employees:
Any appointive officer or employee, before entering upon the performance of his or her duties,
may be required to take an oath or affirmation as may be prescribed by ordinance for the faithful
performance of his or her duties as a condition of employment
Section 23 - City Attorney:
(1) Appointment The Legal Department of the City shall consist of a City Attorney,
and such assistant city attorneys as authorized in the budget All must be duly licensed attorneys
of the State of Washington in accordance with state statute or court rule The City Attorney shall
be a full -time in -house City Attorney appointed by the mayor and confirmed by the Council
The City Attorney may be removed by the Mayor, with the concurrence of a majority of Council
sitting as a whole, or by Council alone, provided that removal by Council alone shall require a
2/3 vote of the entire Council The City Attorney may remove assistant city attorneys at his or
her pleasure
(2) Duties. The City Attorney shall be legal advisor of all officers, commissions,
boards and committees of the City and shall bring and prosecute all actions which may be
directed by the Mayor or Council, and defend the City in all actions against it and any action in
which the City, any past or present employee, officer, board, committee, or commission is a
party as a result of acts or omissions in the good faith performance of the city's business
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(3) Special Counsel Council may at any time retain or appoint special counsel for
specific assignments
ARTICLE V.
Finance
Section 24 - Organization:
The Mayor shall have charge of finance and shall be responsible for the custody and
management of the City assets
Section 25 - Receipt, Custody, and Disbursement of Funds:
All payments authorized by Council shall be signed by the Mayor and City Clerk The City
Treasurer shall receive and keep all monies due and belonging to the City, and all trust funds
held by the City, and shall keep an accurate detailed account of the same in such manner as to
show the exact financial condition of the City The City Treasurer shall, at the close of each
month, report to Council all the momes received and disbursed during the month
Section 26 - Fiscal Year:
The City's fiscal year shall be the calendar year The Council may, by ordinance, establish a
biennial budget
Section 27 - Public Utilities:
(1) The City shall have power to own and operate any public utility and may purchase,
construct, condemn or acquire any public utility provided by law, and may make any additions or
betterments or extensions of any existing utility, and the provision therefor shall be by ordinance
which shall specify and adopt the plan or system proposed and declare the estimated cost thereof
Any ordinance providing for a newly owned and operated utility shall be submitted for
ratification or refection to the qualified voters of the City at a general or special election called
for that purpose. Provided, however, that an ordinance providing for the extension, enlargement
or improvement of an existing utility shall conform to RCW 35 92 070 and need only be
submitted to the voters as required thereby
(2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell all
or any portion of any of the real property now owned or hereafter acquired for water supply
purposes generally known as watersheds, whether or not currently used for water supply
purposes, unless a question of such proposed sale shall be approved by a majority plus one of the
council membership or shall have been first submitted to the qualified electors of the city by a
majority plus one of the council membership at a municipal general or special election and
assented to by sixty percent of said electors voting on such question
(3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof
essential to continued effective utility service, unless and until such disposal is approved by a
majority plus one vote of Council
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ARTICLE VI.
Civil Service
Section 28 - Commission, Creation of:
There is hereby established a Civil Service Commission of three members, who shall be
appointed by the Mayor and confirmed by Council, and who shall be citizens of the United
States, residents of the City for at least one year preceding such appointment The currently
seated members may serve their current terms The term of office of such commissioners shall be
for three years on staggered terms Any vacancies in the commission shall be filled by the
Mayor and approved by Council for the unexpired term Any member of said commission may
be removed from office for incompetency, incompatibility or dereliction of duty, malfeasance in
office, or other good cause after charges in writing have been preferred, due notice given and a
full hearing had in Superior Court unless such hearing is waived in wasting
Section 29 - Commission, Rules and Powers:
(1) The Commission shall make such rules and regulations for the conduct of its
business and to enforce the purposes of this article as shall be necessary and proper
(2) The Commission shall provide for the classification of all employees subject to
this Article
(3) All full time paid employees of the Fire and Police departments of the City shall
be included under the provisions of this Article, and all existing provisions of state law
pertaining to such employees shall be substantially complied with by the Commission All other
full time employees shall be included under the provisions of this Article unless excluded in
Section 31.
(4) The Commission, among other things, shall provide for open competitive
examination as to fitness for an eligibility list from which vacancies shall be filled, for a period
of probation before employment is made permanent, and for promotion on the basis of ment,
experience, and record Promotional processing/testing fees shall not be charged
(5) Employees within the scope of this Article who are in office at the time of the
adoption of this Charter shall retain their positions, unless removed for cause
(6) The Commission, among other things, shall provide for rules and procedures to
ensure employees due process in regard to any proposed disciplinary action
Section 30 - Civil Service Officer:
The Commission shall provide for the selection of a civil service officer by the Mayor, with
Council confirmation who shall also serve as secretary
Section 31 - Employees included in Civil Service:
(1) The following employees shall be included in Civil Service
(a) All full tune paid employees of the Fire and Police departments of the City
unless specifically excluded or exempt by the City as may be provided by law
(b) All other full time employees not exempt in Section 31(2) below
(2) There shall be exempt from the operation of this article the following elected
officials, appointive officers not covered in Section 31(1) above, management and professional
employees, all non- salaned members of appointive boards and commissions, and any other
employee exempt from the operation of this Article by the Council
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ARTICLE VII.
Boards, Commissions and Committees
Section 32 - Member Residency Requirement:
The Mayor shall appoint all boards, commissions and committees established by ordinance or
charter, except the Audit Committee, with Council confirmation as required by ordinance All
members of boards, commissions and committees established by ordinance or charter shall be
residents of the City for at least one year prior to appointment and eighteen years of age, unless
otherwise provided by ordinance. Any member of a board, commission and committee
established by ordinance or charter who is not a resident of the City at the tune this provision
takes effect shall serve out the balance of the term for which appointed
ARTICLE VIII.
Recall, Initiative and Referendum
Section 33- Recall:
The holder of any elective office may be recalled and removed from said office as provided in
29 82 RCW
Section 34 - Initiative and Referendum:
(1) The powers of initiative and referendum shall be exercised in the manner set forth
in RCW 35 17 240 through 35.17.360.
(2) No ordinance heretofore or hereafter enacted by vote of the people shall be
amended or repealed by the Council unless such amendatory or repealing ordinance shall be
submitted to the qualified electors for their approval or refection in the same manner as is
required by this section in respect to the submission of an ordinance initiated or referred
ARTICLE IX.
Franchises
Section 35 - Franchises - Term - Renewal:
No franchise shall ever be granted for a term longer than ten years, excepting upon a majority
vote of the electors, and in no event will a franchise be granted for a period longer than fifty
years, nor any franchise be renewed or extended until within two years of the expiration thereof
Section 36 - Franchise - Compensation - Publication:
All franchises shall be granted by ordinance and shall specify plainly the streets or other public
places or parts thereof to which they apply, and no franchise shall be provided without provision
for proper compensation to the City therefor Council shall adopt such mode of determining the
compensation to be paid by such grantee as it shall determine to be reasonable and ,lust Every
applicant for a franchise shall bear all expenses of advertising and submitting the proposed
ordinance, including the expense of electron, if any
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Section 37 - Franchise - Council Rights:
The grant of every franchise shall be made expressly subject to the condition that Council shall
have the right with respect to any franchise so granted to hear and determine what are dust, fair
and reasonable rates, fares and charges for public service unless regulated by the State or Federal
government, and to order that only reasonable charges shall be imposed, to require reasonable
extensions of any public service system, to make such rules and regulations as may be required
to secure adequate and proper service, and to provide sufficient accommodation for the public, to
repeal, amend or modify the same, to cancel, forfeit and abrogate the same if the franchise is not
operated or exercised in full accordance with its provisions, or any part thereof, or at all, to
acquire by purchase or condemnation upon a majority vote of the electors for the use of the City
itself or its inhabitants, the property of the grantee at a fair and dust value, which shall not include
any valuation of the franchise, which shall thereupon terminate
Section 38 - Franchise - Transfers:
No franchise shall be transferred, sold or leased without the consent of Council, under such terms
and conditions as the Council may impose
ARTICLE X.
Miscellaneous
Section 39 - Legal Continuity:
All ordinances and resolutions consistent with this Charter shall remain in effect until amended
or repealed or until they expire by limitation. All rights and obligations in favor of or against the
City existing at the time this Charter shall go into effect shall continue without modification All
street and other improvements, all vacations of public streets, alleys or places, all assessments for
improvements, all suits and actions in court, all fines and forfeitures and all other matters relating
to the City that may have been begun and not completed, shall be completed according to the
charter, ordinances and law existing prior to the time this Charter shall go into effect, and all
taxes and assessments levied and remaining unpaid when this Charter will go into effect, shall be
collected as provided by ordinances and laws existing and in effect at the time same were levied
Section 40 - Employment Continuity:
Whenever by the provisions of this Charter duties and functions are transferred to a different
department, board or office, the employees engaged in the performance of such duties and
functions at the time this Charter goes into effect, shall be transferred accordingly and be deemed
to have been regularly appointed to the respective positions involved in the performance of such
duties and functions, until removed therefrom in accordance with the provisions of this Charter
Section 41- Report - Requisites of Claim - Time Limitations:
All claims for damages for personal injuries or for mjunes to property sustained by any act of the
City or any officer, agent, servant, or employee, must be filed with the City Clerk All such
claims for damages must be in writing and verified and must accurately locate and describe the
act causing the injury, describe the injury, giving the residence for six months last past of the
claimant and contain the items of damage claimed No action shall be maintained against the
City for a claim for tort damages until the claim has been filed with the City Clerk and the time
specified by State Law has elapsed after such presentation
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ARTICLE XI.
Amendments
Section 42 - Conform to State Law:
Amendments of this Charter shall follow and conform to the procedures set forth in the State
Constitution and Laws of the State of Washington
Section 43 - -Charter- A E fFeetiye Date
A mend e d b a t of the peeple dtmag the g eneral eleetien held Plea =ember 2 2004 wit
vi -eeti a date
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