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Home My WebLink About08/17/2011 AGENDA T CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 AUGUST 17, 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 —August 3, 2011 C Minutes of Study Session —August 10, 2011 D Appointment of Kelly A Floyd to the CDBG /HOME Grant Recommendation Committee E Reappointment of Kim Stewart to the Design Review Board F Lease Agreement between the City of Bremerton and Connection Credit Union G Site Management Agreement between the City of Bremerton and Day Wireless Systems (DWS) for the Communication Site located at 1925 Cheryl Street H Contract with Stan Palmer Construction for completion of Shore Drive Lateral (9) and Manhole (7) Rehabilitation Project along Shore Drive I Resolution No 3150 approving the Name Change of two remnant portions of Arsenal Way to Russell Road and Shorewood Drive J Amended and Restated Cooperation Agreement between the City of Bremerton and the Bremerton Housing Authority (BHA) 6 PUBLIC HEARINGS A Public Hearing regarding Ordinance No 5160 adopting the proposal to modify the Bremerton City Council District Boundaries (The hearing is to take public testimony, but there will be no action taken until the Council Meeting on September 7, 2011...) B Public Hearing regarding the Moratorium on Methadone Treatment Facilities imposed per Ordinance No 5155 at the Special Meeting on July 22, 2011 C Public Hearing regarding Ordinance No 5159 imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens 7 GENERAL BUSINESS — There are no General Business items 8 COUNCIL MEMBER REPORTS 9 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 BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD �2 r z,- a r' l 6ba Le ! i I �c�� S REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL ■ wwwmammwmmawaacawaemmmamawaoawawmeaeseawmwsawmaawawawaamamwaaaaaaaaaawamaamwmwawaswwwamamai SUBJECT Claims & Check Register Study Session Date COUNCIL MEETING Date August 1 2011 Department Financial Services Presenter Cathy Johnson 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 344372 through 344591 and EFT's 11115 through 11150 in the amount of $1,874,919 20 STUDY SESSION ACTION- ❑ Co s- ntAg,nda ❑ General Business ❑ Public Hearing 1 , COUNCIL PRESIDENT T _ COUNCIL ACTION �/Approve ❑Deny able ❑Continue ❑ No Action Form Updated 4/18/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 59 ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date _14 � (,CSC— 17� � A k3 l ,, t s+— 31 .2-0 ( 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: N/A APPROVALS: N/A i I I RECOMMENDED MOTION: 1 Move to approve the Consent Agenda as presented I i STUDY SESSION ACTION: Consent A ends ❑General Business ❑ Public Hearing COUNCIL PRESIDENT ,f j COUNCIL ACTION: I [I Approve ❑ De ny Table ❑Continue ❑ No Action Form Updated 4/18/2011 I DIGITAL RECORDING CITY COUNCIL MEETING MINUTES August 3, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, Wednesday, August 3, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford (arnved at 5 45 PM), Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith were present to provide staff support 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 Jim McDonald followed by the invocation provided by Pastor Eric Roberts of New Life Assembly MAYOR'S REPORT — Mayor Lent • Reported on last weekend's successful Summer Brewfest, and that she will soon be meeting with the Washington State Beer Commissioners to begin plans for next year, • Announced the Grand Opening of the Pacific Planetarium at 817 Pacific Avenue this Friday from 5 00 to 8 00 PM with Sky Tours provided every half hour, • Encouraged the community to support the Kitsap SC Pumas by attending the PDL Final Four Championships at the Bremerton High School Memorial Stadium on Friday, August 5 at 7 30 PM, with the Final on Saturday, August 6 at 4 30 PM, • Looked forward to the West Sound Safety & Health Expo that will be held on August 10 from 10 00 AM to 5 00 PM and August 11 from 8 00 AM to 2 00 PM at the Kitsap Conference Center and along the Louis Mentor Boardwalk, • Explained that the Kitsap Health District will provide an informational meeting on City -wide Opiate Replacement Facilities on Monday, August 15 at 3 30 PM in the Meeting Chambers, followed by a City- sponsored information meeting at 6 30 PM, • Invited the public to attend the CSO Ribbon Cutting on August 24, 2011, • Discussed the Summer Playground Program at City parks, and • Announced the 3 rd Annual Kitsap Wine Festival will be held on Saturday, August 20, 2011 from 2 00 to 5 30 PM at Harborside Fountain Park PUBLIC RECOGNITION Mike Walton Kitsap Family YMCA Marketing Director, provided a list of activities taking place this month at the "Y" including Military Date Night on August 6, Teen Late Night every Friday, and Splash & Jam August 20 He also announced the Centennial Celebration was scheduled on September 17 with events beginning at 11 00 AM and planned throughout the day Roger Zabinski Bremerton Port Commissioner, briefed the Council on "Industry Clusters" which was the focus of discussion at a recent meeting of the PSRC Economic Development District Board He specifically addressed how local development will be affected CONSENT AGENDA A Check Numbers 344167 through 344371, and EFT -11069 through EFT -11115 in the amount of $11,379,425 60, Regular Payroll (Pay outs) for the pay period ending July 15, 2011 in the amount of $48,566 96, Regular Payroll for the pay period ending July 31, 2011 in the amount of $718,125 75, and Retiree Payroll for the pay period ending July 31, 2011 in the amount of $77,60000 City Council Meeting Minutes Wednesday, August 3, 2011 Page 2 of 4 B Minutes of Meeting — July 20, 2011 C Minutes of Special Meeting — July 22, 2011 D Minutes of Study Session — July 27, 2011 E Agreement to Release Interest with the Port of Bremerton to release the right to relocate Barney White Road F Purchase Art Chalk to be used for the 2011 Blackberry Festival Sidewalk Art Contest G Ordinance No 5156 amending Chapter 3 12 060 of the Bremerton Municipal Code (BMC) titled "Authorized Expenditures from Arts Fund" H Ordinance No 5154 amending several chapters of the Bremerton Municipal Code (BMC) to make various code reference corrections and updates 05 10 M /S /C /U (Arends/Wheeler) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING 6A — ORDINANCE NO. 5157 APPROVING AND AUTHORIZING TERMINATION OF THE DEVELOPMENT AGREEMENT WITH PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP) Community Development Director Andrea Spencer summarized that a development agreement was entered into between Port Blakely Tree Farms and the City of Bremerton on December 6, 2000 On about December 28, 2009, Bremerton West Ridge, LLC acquired all of the property subject to the development agreement No development has occurred on the site following execution and recording of the development agreement West Ridge has requested that the development agreement be terminated A map was displayed to show the area location of the Development Agreement President Maupin opened the Public Hearing With no comments from the public, he then closed the Public Hearing 05 Motion to approve the ordinance was made by Runyon, and seconded by Wofford Discussion was then opened to the Council for their questions and comments Mr. Runyon asked if this item went before the Planning Commission Ms Spencer replied no, because it was not a required step Mrs Arends pointed out that she and fellow Council Member Cecil McConnell were the only two Council members serving at the time this agreement was originally approved, and noted the way a lot of things have changed in the many years since She provided additional comments to support terminating this agreement 05 M /S /C /U (Runyon/Wofford) Move to approve Ordinance No 5157, and authorize the Mayor to finalize and execute the Termination Development Agreement with substantially the same terms and conditions as presented GENERAL BUSINESS 7A — ORDINANCE NO. 5158 AMENDING CHAPTER 5.16 OF THE BREMERTON MUNICIPAL CODE (BMC) TITLED "TEMPORARY MERCHANTS PEDDLERS AND MOBILE FOOD VENDORS " : Becky Hasart Financial Services Director, explained that the City of Bremerton recently updated our ordinance in relation to street vendors to include language that clarifies licensing requirements and site location requirements These updates did not address or apply to mobile vendors Mobile vendors are different from street vendors in that mobile vendors are motorized units that may set up in any legal parking space on City streets They must adhere to City Council Meeting Minutes Wednesday, August 3, 2011 Page 3 of 4 existing traffic, licensing, and parking regulations Unlike street vendors, they do not have minimum distance restrictions from other existing businesses The attached ordinance clarifies licensing, insurance, and safety requirements for mobile vendors operating within Bremerton city limits These updates are designed to improve safety standards for the vendor's customers without impeding traffic flow However, after presentation to the Finance Committee, staff does not have a recommendation either for or against distance restrictions after discussion these updates can be easily incorporated into the proposed ordinance update There were no comments from the public 05:57 05 Motion to approve the ordinance was made by Wheeler, and seconded by Runyon Discussion was then opened to the Council for comments and questions 06.07:56 M /S /C /U (Wheeler /Runyon) Move to approve Ordinance No 5158 of the City Council of the City of Bremerton, Washington, amending Chapter 5 16 of the Bremerton Municipal Code entitled "Temporary Merchants, Peddlers, and Mobile Food Vendors" 7C — AGREEMENT WITH PROTHMAN, CO. FOR INTERIM PUBLIC WORKS DIRECTOR Becky Hasart Financial Services Director, stated that the City of Bremerton wishes to engage the Prothman Company to provide Interim Public Works Director services while the City recruits a permanent employee to fill the Director's role This position would be paid by the Prothman Company but the incumbent would serve at the City's direction The City may cancel these services at any time without penalty The interim candidate, Alan Lobdell, has direct experience as a Public Works Director with several Washington cities Mr Lobdell will be allowed to apply for the permanent position but would not have preference based on his interim appointment If the City engages the Prothman Company to assist with the permanent replacement and Mr Lobdell is the successful candidate, the City would not be subject to the Finder's Fee Clause of the attached agreement Mr Lobdell was not part of the assessment team during the 2009 Prothman Company analysis of City operations There were no comments from the public 06.11.24 Motion to approve the agreement was made by Runyon, and seconded by Wofford Discussion was then opened to the Council for comments and questions Mr. Maupin summarized that he was reluctant to bring in a temporary person because he would rather wait to hire a permanent person But without any other options presented, he would support this action to hire an Interim Public Works Director, but only to run the regular day -to -day operations He made it clear that he would not be in favor of a temporary person making any reorganization decisions about staff 06 17:00 M /S /C /U (Runyon/Wofford) Move to authorize the Mayor to finalize and execute the agreement with the Prothman Company for Interim Public Works Director services with substantially the same terms and conditions as presented The agreement will be limited to 120 days (approx 4 months) Voted for Motion Runyon, Wheeler, Arends, Wofford, McDonald, McConnell, Maupin Voted against Motion Robinson, Brockus Motion carried 7 -Yes, 2 -No City Council Meeting Minutes Wednesday, August 3, 2011 Page 4 of 4 COUNCIL MEMBER REPORTS Jim McDonald discussed a recent tour of the Kitsap Readiness Center provided by Fire Chief Al Duke which helped bring clarity to the contract and related documents he previously viewed He was impressed with the facility Adam Brockus thanked all of the people who not only attended, but also helped to make the "Last Drive across the Manette Bridge" event on Sunday, July 24 such a great success Roy Runyon announced a new business Park Avenue Pets has opened at 421 Park Avenue, and displayed pictures to highlight several recent Bremerton events including the Summer Brewfest, the Last Drive across the Manette Bridge, and the downtown Farmers Market event He also noted that change in hours for operation for the foot ferry between Port Orchard and Bremerton for the remainder of the summer Greg Wheeler encouraged the community to attend the District 5 "Lemonade with Your Legislators" Meet & Greet hosted by him on Sunday, August 7 from 1 00 to 3 00 PM at Evergreen Rotary Park, and the Union Hill Block Party on Saturday, August 13 from Noon to 6 00 PM along Veneta Avenue, was pleased to announce the opening of Friends Childcare & Pre - School, located at 924 Cogean Avenue, and looked forward to attending the PUMA soccer game this Friday Dianne Robinson reported on her experience attending the National Conference for the advancement of Colored People in Los Angeles where she enjoyed attending several workshops Sadly, she extended her condolences to the family of Roy McInnis at the recent loss of their daughter Alisha Mashell Johnson Carol Arends reminded everyone about the First Friday Art Walk events to be held this week, and also encouraged residents to visit, shop, and enjoy the restaurants in Charleston Nick Wofford explained he was late arriving to the meeting tonight because he was enjoying a ride on the USS Sampson, and encouraged people to visit the Park at Jackson & Lund in Port Orchard and ride the steamer train Will Maupin said his wife has been very busy while helping plan the 1961 West High Reunion scheduled on Thursday, August 11 With no further business, the Council Meeting was adjourned at 6 36 PM Pre wed and Submitted by LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeseeeeeee eeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ■ ■ee eeeeeeee SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date 1(A2(,tJ4- (7, av � ( Department City Council 9 Presenter Wdl Maupin, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A enda El General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES August 10, 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 th Street, Bremerton, Washington, Wednesday, August 10, 2011, at 5 00 PM, 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 Legislative Assistant Lori Smith was present to provide staff support President Maupin 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 appropnate Council Committee, and will be placed on the August 17, 2011 Council Meeting Agenda unless otherwise stated 1 Appointment of Kelly A Floyd to the CDBG /HOME Grant Recommendation Committee — Mayor Patty Lent, and Greg Wheeler, Planning Committee Chair Consent Agenda 2 Reappointment of Kim Stewart to the Design Review Board — Mayor Patty Lent, and Greg Wheeler, Planning Committee Chair Consent Agenda 3 Lease Agreement between the City of Bremerton and Connection Credit Union — Fire Chief Al Duke, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 4 Site Management Agreement between the City of Bremerton and Day Wireless Systems (DWS) — Bill McKinney, Forestry Manager, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 5 Contract with Stan Palmer Construction for completion of Shore Drive Lateral (9) and Manhole (7) Rehabilitation Project along Shore Drive — Tom Knuckey, Managing Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 6 Resolution for Name Change of two remnant portions of Arsenal Way to Russell Road and Shorewood Drive — Gunnar Fridriksson, Engineering, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 7 Amended and Restated Cooperation Agreement between the City of Bremerton and the Bremerton Housing Authority (BHA) — Roger Lubovich, City Attorney, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda 8 Discuss procedures for public hearing scheduled August 17, 2011 per Ordinance No 5155 that was approved at the Special Meeting on July 22, 2011 imposing a moratorium on Methadone Treatment Facilities within the City Limits of Bremerton — Roger Lubovich, City Attorney Public Hearing 9 Proposed public hearing and ordinance to impose a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens — Roger Lubovich, City Attorney, and Andrea Spencer, Department of Community Development Director Public Hearing City Council Study Session Minutes Wednesday, August 10, 2011 Page 2 of 2 C GENERAL COUNCIL BUSINESS Council Committee Chair reports were provided, and General Council Business was discussed New Interim Public Works Director Alan Lobdell was introduced President Maupm adjourned the Study Session at 7 00 PM Prepared and Submitted by — &- - i LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg I AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D SUBJECT: Appointment to the Study Session Date Aqq(46+ 10 a-o I l CDBG /HOME Grant Recommendation COUNCIL MEETING Date 4 L4'L s4 - I' . -2o II Committee (41 A. F (o � d Department Executive Presenter Mayor Lent Phone 473 -5266 SUMMARY: There is a vacancy on the CDBG /HOME Grant Recommendation Committee It is recommended the vacancy be filled by Kelly A Floyd ATTACHMENTS: Application for Appointment available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR , CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Motion to confirm the appointment of Ke-lly A Floyd to the CDGB /HOME Grant Recommendation Committee STUDY SESSION ACTION: C / onspnt A enda ❑General Business ❑Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: / gApprove ❑ Deny Table El Continue ❑ No Action Form Updated 4/18/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 156 eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Reappointment to the Design Study Session Date August 10, 2011 Review Board C K�M 5+ +1 COUNCIL MEETING Date August 17, 2011 J Department Executive Presenter Mayor Lent Phone 473 -5266 SUMMARY: Kim Stewart's term on the Design Review Board has expired It is recommended she be reappointed to another term that will expire December 31, 2015 ATTACHMENTS: Application for reappointment available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY -- FINANCE DIRECTOR RECOMMENDED MOTION: Move to confirm the reappointment of Kim Stewart to the Design Review board for a term that will expire December 31, 2015 STUDY SESSION ACTION: Co Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ACTION: rsApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18 /2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F ■■ eeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Lease Agreement between the Study Session Date 08 -10 -11 City of Bremerton and Connection Credit COUNCIL MEETING Date 08 -17 -11 Union Department Fire Presenter Al Duke, Fire Chief Phone 473 -5380 SUMMARY: Connections Credit Union has been established for 53 years, and until a few years ago has had a presence in downtown Bremerton The original Credit Union was established as the "City of Bremerton Employees Credit Union " Connections Credit Union would like again to have a presence in the downtown area of Bremerton This Lease Agreement is for 72 square feet of space within the Bremerton Fire Department Station #1 The space the credit union would occupy is where the receptionist for the Fire Department was, that position was eliminated several years ago ATTACHMENTS: Lease Agreement between the City of Bremerton and Connections Credit Union FISCAL IMPACTS (Include Budgeted Amount) Would generate $1400 dollars of revenue in 2011 and $2800 dollars of revenue in 2012 APPROVALS: i DEPARTMENT DIRECTOR CITY ATTORNEY OIL FINANCE DIRECTOR RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the lease agreement with Connections Credit Union with substantially the same terms and conditions as presented STUDY SESSION ACTION: A Con nt A enda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT � COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 LEASE This Lease is entered into this day of , 2011, between THE CITY OF BREMERTON, a municipal corporation, (hereinafter referred to as "Lessor "), and CONNECTION CREDIT UNION, INC., a not for profit corporation, (hereinafter referred to as "Lessee ") WHEREAS, Lessor and Lessee desires to enter into a lease Agreement on September 1, 2011 ( "Lease Agreement ") for certain real property, building and improvements identified herein, and NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, present this Lease Agreement as follows 1. PREMISES. Lessor does, by these presence, owns a building and appurtenances ( "Improvements ") situated upon real property commonly known as the Bremerton Fire Station #1 located at 911 Park Avenue, Bremerton, Washington and more particularly set forth in Exhibit A attached hereto and incorporated by reference (hereinafter collectively the "Premises ") The existing building consists of approximately 12,500 square feet of floor area The proposed use to the existing building will consist of approximately 72 square feet of floor area In addition, Lessee may schedule access to and use of common areas of the property such as kitchen area, conference room and training room identified on Exhibit "A " 2. TERM. This Lease shall commence on the date fully executed ( "Commencement Date ") but no sooner than September 1, 2011 and shall end on August 31, 2012, unless otherwise extended or terminated Lessee may terminate this lease at any time with sixty (60) days prior written notice 3. CONSIDERATION. (a) Rent. In addition to other consideration of this Lease, Lessee agrees to pay Lessor, without notice or demand, the sum of three hundred and fifty dollars ($350 00) per month ( "Rent ") which is inclusive of utility costs, in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof In addition Lessee is responsible for paying Lease Hold Excise Tax (b) Overdue Rent. Unpaid installments of the Monthly Rent or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty and No/ 100 Dollars ($50 00) to cover the excess costs of administration and shall bear interest from the date due of 12 percent (12 %) until all rent and interest has been paid in full Lessee hereby further agrees to 1 Connection Credit Union pay any attorneys' fees and expenses incurred by Lessor by reason of Lessee's failure to pay Monthly Rent or other charges when due hereunder (c) Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of Lessor, such occupancy shall be a tenancy from month -to -month at a rental in the amount of 120% of the last Monthly Rent, plus all other charges and Additional Rent payable hereunder, and upon all the terms hereof applicable to a month -to -month tenancy 4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for an office or for banking purposes, as well as use of the Premises needed to conduct the Lessee's corporate activities No other use shall be allowed without the express written consent of the Lessor Lessee shall have access to the parking lot of the property for it's employees and members usage as mdentified in Exhibit "A " Lessee shall not use said Premises or any part thereof for any illegal purpose Lessee agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said Premises Lessee shall maintain the Premises in substantial conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations governing maintenance or operation of such Premises Lessee shall, at its sole cost, promptly comply with all such laws and governmental rules Lessee shall not commit or allow to be committed any waste in or upon the Premises At the expiration of the agreement Lessee shall (a) remove all trade fixtures and personal property from the Premises, (b) remove all fixtures, additions, alterations, modifications or other improvements installed in or made to the Premises after commencement of the Term by, through, at the request of or on behalf of Lessee and restore the Premises as they existed immediately prior to the making of improvements so removed, provided that Lessee shall not be required to so remove any improvements for which Lessor agreed in writing prior to the time said improvements were installed, that they would not need to be removed at the end of the Term, and (c) surrender the Premises to Lessor in as good condition and state of repair as Lessor is required to keep and maintain them pursuant to the Lease, reasonable wear and tear expected If Lessee fails to remove any Improvements or restore the Premises as directed by Lessor pursuant to (b) of this Paragraph 3 3, within fifteen (15) days after receipt of written notice from Lessor, Lessor may, at Lessee sole risk and expense, perform such removal or restoration (by contract or otherwise) by the most expeditious means available to Lessor Lessee shall reimburse Lessor for costs and expenses incurred by Lessor to accomplish such removal and restoration Further, if Lessee fails to remove all personal property from the premises upon the expiration of the term, Lessor by remove and store such property in any place selected by Lessor at the sole risk and expense of the Lessee 2 Connection Credit Union ACKNOWLEDGEMENT OF LESSEE REGARDING USE OF PREMISES: Lessee agrees and understands that the premises subject to this lease is a public facility used for emergency response purposes As such, the Lessee acknowledges that any and all disturbances, including noise, smell, etc created or as a consequence of the City of Bremerton Fire Department's use of the premises will not affect the Lessee's quiet enjoyment of the premises 5. UTILITIES. Lessor agrees to provide and pay all charges for heat, electricity, gas, water, sewer and for all other utilities which shall be used in the Premises during the full term of this Lease, provided, however, that Lessor shall not be responsible for failure of provision of these services if due to causes beyond its control and provided, further, that Lessor shall pay for any such charges as Lessor, in its reasonable discretion, may determine are the consequence of special equipment employed by or special requirements of Lessor 6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Lessor, and all improvements, alterations, or changes so made With respect to such alterations, improvements or changes to the Premises requested by Lessee, Lessor consent shall not be unreasonably withheld In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements 7. MAINTENANCE AND REPAIRS. (a) Lessee's Obligations. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Lessor obligations set forth in paragraph 7 2 below) Lessee shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Lessor in good condition, clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Lessee has no control, or such damage as may be due to the failure of Lessor to comply with any covenant herein contained to be performed by Lessor Damage caused by Lessee's use of the Premises shall be repaired at the sole cost and expense of Lessee (b) Lessor Obligations. Lessor shall, at Lessor's expense, repair and maintain the structural portions of the Building, including the roof, foundation, bearing and exterior beams and supports, flooring and subfloormg, plumbing, pipes, electrical wiring and conduits within and serving the premises. There shall be no abatement of Rent and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any 3 Connection Credit Union repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Lessor shall have taken every reasonable measure to avoid any such injury and interference 8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens ansing out of any work performed, materials furnished, or obligations incurred by Lessee 9. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor harmless from all loss damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building, but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee or occupant of the building, or of any other person, or by any other cause, unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests, invitees or visitors 10. LIABILITY INSURANCE; 11. (a) Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000 00) per occurrence for bodily injury and property damage Lessee shall f hush Lessor with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor 12. PERSONAL PROPERTY. Where famished by or at the expense of Lessee, all movable property, furniture, furnishings and trade fixtures, other than those axed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises, Building or common areas to good order and condition Lessee shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's Lessee Improvements, equipment, furniture, fixtures, and other personal property located in the Premises 4 Connection Credit Union 13. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurLessee thereto or allow any person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Lessor, which consent by Lessor shall not be unreasonably withheld Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms of this Lease If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease Lessor may assign the Rent herem provided to any person, partnership, corporation, or bank, and Lessee agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment 14. LESSEE'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee (a) Abandonment. Lessee vacates or abandons the Premises, (b) Failure to Pay Rent. Lessee fails to make any payment of Rent or any other payment required to be made by Lessee hereunder, as and when due, (c) Failure to Observe Other Covenants. Lessee fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee, provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion, (d) Misrepresentation. Lessee makes or has made or furnishes or has furnished any warranty, representation or statement to Lessor in connection with this Lease, or any other agreement to which Lessee and Lessor are parties, which is or was false or misleading in any material respect when made or furnished, or (e) Insolvency. Lessee shall become insolvent or go into bankruptcy 5 Connection Credit Union 15. REMEDIES ON DEFAULT. (a) Termination and Entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice or demand in the exercise of a right or remedy which Lessor may have be reason of such default or breach, terminate this Lease by written notice to Lessee, revoke Lessee's right to any free Rent, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law Lessee agrees to pay Lessor the cost of recovering possession of the Premises, the expense of relettmg, and any other costs or damages ansmg out of Lessee's default including, without limitation, the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for relettmg, brokers' commissions, and legal expenses and fees Notwithstanding any termination, reentry, or relettmg, the liability of Lessee for the Rent and Additional Rent for the balance of the term of this Lease shall not be extinguished and Lessee shall pay and Lessor may recover from Lessee at the time of termination, reentry, or relettmg, the excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period Reasonable rental value shall mean the amount of rental which Lessor does or could reasonably be expected to obtain as rent for the remaining balance of the Lease tern In the event that Lessor relets the Premises or any part thereof without first terminating Lessee's right to possession pursuant to this Lease, Lessor reserves the right, at any time thereafter, to elect to terminate Lessee's right to possession to that portion of the Premises for the default that originally resulted in the relettmg (b) Removal of Personal Property. In the event of a retaking of possession of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry (e) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington 6 Connection Credit Union 16. LESSOR'S DEFAULT. Lessor fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessor, where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessee to Lessor, provided, however, that if the nature of Lessor's default is such that more than thirty (30) days are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion In the event Lessor fails to cure such default, Lessee may, at any time thereafter, terminate this Lease by written notice to Lessor Lessee may also seek any other remedy provided by law 17. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release ") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ( "Hazardous Substances ") in, on or about the Premises Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) ansmg out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the Commencement Date and ansmg out of the activities of Lessee, or any of its agents, representatives or employees The provisions of this paragraph shall survive termination or expiration of this Lease 18. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions (a) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party The subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any preceding default by Lessee of any term, covenant, or condition of this Lease other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding default at the time of the acceptance of such Rent (b) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor (c) Paragraph Headings. The paragraph or section headings of this Lease 7 Connection Credit Union are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof (d) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto (e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a short form memorandum hereof may be recorded at the request of Lessor (f) Quiet Possession. Upon Lessee paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights -of -way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey (g) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest This Lease shall not be effective or binding upon any party until fully executed by both parties hereto (h) Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party (i) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect 0) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity. (k) Choice of Law. This Lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton In the case of a dispute between the parties, venue 8 Connection Credit Union over such dispute shall be with the Superior Court of Kitsap County, Washington (1) Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument (m) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth To Lessor Fire Chief City of Bremerton 911 Park Avenue Bremerton, WA 98337 To Lessee Connection Credit Union P O Box 3990 Silverdale, WA 98383 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided (n) Lessee's Corporate Authority. Lessee is a Washington corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written LESSOR LESSEE CITY OF BREMERTON CONNECTION CREDIT UNION By: Patty Lent By Its Mayor Its 9 Connection Credit Union STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged it as the of Community Theatre, Inc to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R \Lega1\Forms\Rea1 Estate\Bmldmg\Rent doe 10 Connection Credit Union EXHIBIT "A" Z —�- MEcxArIICAL II�� MR7.7 ExrT Krraim � ExiT � STORAGE EXIT NMM ~ O APPARATUS BAY WATCH OMM \ EXIT LOS LEGEND a EXIT n EXIT = Sole Credit Union Use 0 Joint Scheduled Use 0 A a, s 0 a DATE SUBMITTED August 3, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5& eeeeeeeaeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeee■ SUBJECT: Site Management Agreement Committee Meeting Date August 10, 2011 with Day Wireless Systems COUNCIL MEETING Date August 17, 2011 Department PW &U Presenter Bill McKinney Phone 473 -5354 SUMMARY: Public Works & Utilities is proposing entering into a site management agreement with Ratelco Communications Services, Inc dba Day Wireless Systems (DWS) of Milwaukee, OR for the Cheryl Street communication site This site is located near Reservoirs 15 and 18 on Water Utility land in East Bremerton There is an existing 170 foot tower, a three room concrete block building and security fencing on site The existing tower and buildings have been unoccupied since early -2010 The primary responsibility DWS will have under this agreement is to market the site and secure tenants to maximize revenue to the City The proposed term of agreement is five (5) years with provisions for extension and termination ATTACHMENTS: J�yScope of Work, 2) Site Management Agreement 3) Council Summary 611<<u dedu)l gown(. gum FISCAL IMPACTS (Include Budgeted Amount) No revenue is currently being received from this site The object of the proposed agreement is to generate revenues from marketing and leasing to prospective site users APPROVALS: DEPARTMENT DIRECTOR �-- Z `f S 2of CITY ATTORNEY. FINANCE DIRECTOR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Site Management Agreement between the City of Bremerton and Day Wireless Systems, 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 Action COUNCIL SUMMARY Site Management Agreement with Day Wireless Systems for Cheryl Street Communication Site Program and Agreement Summary The City's Public Works and Utilities Department currently manages eight (8) communication sites on Water Utility and Bremerton Park lands Over the years, management of communication sites has resided alternately in Electronics, City Clerk's office and most recently in the Forestry/Natural Resources Division of Public Works Revenue from all sites is approximately $217,000 annually Most of the sites have had long term occupancy and were constructed on City lands for the needs of a specific communication company and have also provided co- location tenants Rentals on these sites range from $7000 to $37,000 annually The Cheryl Street Communication Site is located in East Bremerton and consists of a 170 foot tower and a three room concrete block budding surrounded by a security fence The Water Utility's reservoirs 15 and 18 also share this same general area This site was constructed in the 1970's for the Coast Guard and was leased by them until 1996, after which the facilities became the property of the City A number of tenants leased the site until 2010 In recent years, the Cheryl Street site has had the lowest rental revenues of all the communication sites The site has been unoccupied since 2010 In May of this year, the Forestry Manager contacted Day Wireless Systems (DWS) of Milwaukee, OR regarding management services for the Cheryl Street facility The prime service provided would be the marketing of the site to potential tenants and negotiating agreements with them In 2010 the City executed a professional services agreement (PSA) with Bob Young of Peripheral Vision Communication for will -call consulting services regarding communication issues He was asked to provide opinion and comment on this method of marketing and on DWS capabilities Regarding both the marketing approach and DWS capabilities and reputation, Mr Young's comments were favorable An on -site meeting with DWS, Bob Young and the Forestry Manager took place on June 29 and agreement terms discussed This proposal was brought before the Public Works Committee on July 12 and is also scheduled for the August 9th Committee meeting The following is in response to PW Committee questions regarding use of an outside marketing consultant, site maintenance, and cost of services These are the opinions of Public Works & Utilities staff as well as our Peripheral Vision Communication consultant DWS Communication Site Mgt Agreement - Cheryl St Council Summary August 1, 2011 Marketing /Management Services vs In -House i DWS networking ability to market the site is more efficient, far - reaching, and specific to site and prospective tenant needs 2 They bring a high level of experience and technical knowledge in the industry that is not resident in the City 3 This is one of eight City communication sites with the current empty Cheryl St site we have an opportunity for comparison of what a marketing consultant can do, compared to the way we have always done business 4 Wireless carriers routinely visit the Day Wireless website at http / /www daywireless com /towershridex htm to see what sites are available Potential carriers may be unlikely to contact the City to learn about available sites 5 Contracting this service brings an economy of scale The City doesn't have a site marketing person or department ii The City doesn't have enough sites to make this a full -time fob iii That means adding workload (site marketing) to existing staff iv Current staff aren't trained for wireless site marketing v Current staff doesn't have the developed list of industry contacts vi Current staff doesn't have the working relationship with industry contacts vii Using DWS to market a site causes the City no out -of- pocket expenses 6 DWS has provided an extensive list of sites that they manage as an example of their depth of experience in marketing and management y- 7 An important point to keep in mind the wireless carriers like to aggregate w =" their business, and prefer o= m,iu j OPgmN not to have to take the time and effort to develop "one- < of contracts The Cheryl Street site is more -' desirable to a carrier if it's managed by a tower 1 management company i o than if it's independently I 1� managed 8 The map shows DWS sites in the Puget Sound Area DWS management of these nearby sites could provide a link that could attract tenants to Bremerton's site 9 It is anticipated that over a reasonable time, we will do better or equally as well with less need for City staff time 10 Public Works has considered exploring the use of outside marketing services for a number of years Staff has agreed that this could be a DWS Communication Site Mgt Agreement - Cheryl St Council Summary August 1, 2011 good opportunity to try a slightly different approach to the methods previously employed Site Maintenance In the proposed agreement, site maintenance is primarily the responsibility of the City Following are reasons for a level of normal maintenance by the City 1 The current empty site and its structures belong to the City - a certain level of grounds and building maintenance is reasonable 2 It is in the middle of a water facility that we already do maintenance on 3 The building is in reasonable condition with no large maintenance issues upcoming (Note we are taking care of the concrete walls and re- painting with appropriate sealer, also taking care of some minor electrical items, will do vegetation control), the tower is in good condition 4 When we do have tenants on board, a certain level of maintenance could be conveyed to them that pertains directly to their use of buildings and tower and would be addressed in the tenant agreement 5 It is accepted industry practice nationwide for the land /building /tower owner to be responsible for maintenance There are admittedly many variations on this theme, but at this point Day Wireless has no guarantee of revenue, and it may take some time to begin generating that revenue However, maintenance responsibility is a negotiating point and may be tied to the percentage of revenue each party receives If a tower management company leases the land, and then constructs a building and tower that they own, then the situation is different In such a case, the tower management company, as ground lessee, budding owner, and tower owner, would expect to bear all maintenance costs — but that's not the situation at the Cheryl Street site Scope of Work/Cost of Service For management of the 1925 Cheryl Street Communication site, Ratelco Communication Services, Inc dba Day Wireless Systems (DWS) will provide the following services For % of the Lease revenue generated from the Site during the term of the Agreement (a minimum of five years) DWS will provide the following services • Market the Site to potential new tenants • Negotiate Lease Agreements with tenants • Perform all administrative functions of Leases including billing, collections, and credits • Administer and monitor all Leases including annual increases, lease compliance, amendments, fulfilling insurance requirements, and defaults • Maintain records for the Site including CAD Drawings, equipment lists, site data sheets, maintenance, directions, etc • Provide technical assistance with Site, including resolution of interference problems and intermodulation studies (if necessary) DWS Communication Site Mgt Agreement - Cheryl St Council Summary August 1, 2011 on new tenants Provide consultation regarding technical or structural problems with the Site • Provide installation guidelines and post - installation inspections for all third party equipment -- Equipment owned by City of Bremerton Public Works and DWS is exempt from the revenue payment DWS will submit payment for City's portion of the revenue share on a quarterly arrears basis A spreadsheet detailing revenues and other activity will be enclosed with each payment If the City is only interested in our marketing and lease negotiation efforts and would prefer to administer and invoice all Leases then DWS' revenue -share can be reduced to % of Lease revenue The cost of service is commensurate with levels in the industry On other City communication sites, site managers such as American Tower and Crown Castle can add additional tenants with similar percentages being paid to the City There is some ability to negotiate the split of rental fees between the site manager and the City A 50% sharing of revenues is not uncommon Fiscal Summary This site has been unoccupied for over a year Last rental fee on this site was about $6800 annually (includes leasehold tax) This was the lowest rental return of any of the City's communication sites It is anticipated that within the original first term of the agreement (5 years) that revenues will meet or exceed this Proposed tenant lease agreements include a 4% annual increase in rent fees which should provide for a more positive escalator than the CPI adjustment currently used on most City leases DWS Communication Site Mgt Agreement -Cheryl St Council Summary August 1, 2011 SITE MANAGEMENT AGREEMENT FOR CHERYL STREET COMMUNICATION SITE This Site Management Agreement, hereafter referred to as the "Agreement" is entered into this day of 2011, between City of Bremerton, hereafter referred to as "Owner", and Ratelco Communications Services, Inc dba Day Wireless Systems hereafter referred to as "Manager" for the purpose of the management of the communications facility and equipment shelter belonging to Owner, hereby listed on Exhibit A The communications facilities listed on Exhibit A are collectively and hereafter referred to as the "Premises " Section 1. Term The term of this Agreement shall be for a period of five (5) years, starting on , and expiring on , 2016 This Agreement shall automatically renew and extend for four (4) additional five (5) year terms During any such renewal period all terms and conditions of the initial Agreement term shall remain in full force and effect Either party shall have the right to terminate this Agreement by giving ninety (90) days advance written notice to the adjoining party prior to the expiration of the then curr current term ent term If either party gives such notice then this Agreement shall terminate on the expiration of the then Section 2. Manager's Responsibilitv Upon execution of the Agreement Manager will perform an initial evaluation of the Premises, on a weather permitting schedule CAD drawings of the towers, buildings, and compounds will be produced A Site Data Sheet will be generated for the Premises detailing all information pertinent to the Premises, as well as a picture collage denoting features of importance at the Premises All documentation created will be shared with Owner at Owner's request If Manager finds third -party equipment on the Premises that is currently not paying rent, Manager will consult with Owner to determine if said third party equipment shall be responsible for paying rent in the future If it is decided that a third party shall pay rent then Manager will proceed to execute Tower Site Lease Agreements with such third parties Manager shall make efforts to market or advertise the Premises to third parties Both parties hereby agree that a variable cost is associated with such actions, and that the Manager will have the ability to decide which efforts are cost effective and which are not Under no circumstance will there be any additional cost beyond the scope to the Owner without prior approval Marketing efforts may include listing the Premises on Manager's website, on Manager's tower site locations list, and Manager's maps Manager will direct mad licensed and unlicensed communications operators in the vicinity of the Premises Manager shall manage the Premises and is authorized to license or sublease to others the right to install, operate, and maintain communication equipment and antennas in areas designated by Manager Manager shall use due diligence and good faith in licensing and subleasing to protect the site and to maximize the revenues under this Agreement Manager shall perform any administrative functions required by all subleases of the Premises Such administrative functions include billing, collections, accounts receivable, lease negotiations, renewals and addendums Manager shall offer consultation to Owner regarding issues for which the Owner is responsible as a communications facility owner At no time does Manager accept responsibility for any such 1 e 'Y a neglect or failure to respond to Manager's suggestions Such issues include government or 1 regulatory requirements, such as Electromagnetic Emission compliance, FAA requirements, FCC tower identification procedures, and local l or federal safety requirements Manager shall provide technical assistance with the Premises, including resolution of interference problems and mtermodulation studies, when necessary, on new tenants Manager will also offer consultation regarding technical or structural problems with the Premises Examples of such problems may include items such as grounding requirements, ice bridges, cable trays, control systems or any other components necessary for the'site users to effectively use the Premises Manager shall not allow the mounting, installation, wiring or relocating of any equipment not belonging to Owner or controlled by Manager on the Premises without written permission of Owner i Maria or enan n shall allow o orturnt for the Owner to review and a ---- ve Tower Lease Agreements f tts prior to execution of said agreements Section 3. Owners Responsibility Owner shall be responsible for all normal site maintenance and operational expenses As used herein, "normal site maintenance and operational expenses" include, but is not limited to utility payments, insurance costs, budding repairs, lights, heat, ventilation, storm drainage, vandalism, tower inspections and adjustments Owner shall !also be responsible for any landowner fees such as taxes, site rent, and user charges by any third party landowners Owner shall be responsible for amt capital expenditures such as site expansion, tower upgrades, or budding modifications deemed necessa and appro for increased , ea of the site however Owner shall not be priate to improve the potential responsibilities obis ated to perform these Owner shall provide space, if available and reasonable, for Manager owned or controlled equipment on the Premises and such equipment shall be governed under a separate agreement Such space shall include budding and tower space and shall not be considered as revenue generating equipment In the same respect, any Owner - controlled equipment shall not be subject to a revenue split Section 4. Payment Third party communications equipment and associated accessories placed on or in the Premises shall be subject to a lease amount set by Manager, with percent (_ %) of the lease being paid to Manager and o Manager shall collect all revenues and send Owner's p rt / n ) on a arrears Manager shall submit a spreadsheet with each payment detailing the revenues received In the event that Manager is unable to collect on an outstanding balance due to bad debt, bankruptcy, or a legal dispute, Manager will deductl such sums from future payments to Owner for any payments previously made to Owner for the, amount that was not collected Manager will provide an accounting of the amount deducted i I I 2 I I Section 5. Indemnification Manager shall defend, indemnify and hold the Owner, its officers, officials, employees, agents and volunteers harmless from any and all claims, lmjunes, damages, losses or suits, including all legal costs and attorney fees, arising out of & in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the Owner's sole negligence i I The Owner's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification I Should a court of competent junsdictionj determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Manager and the Owner, its officers, officials, employees, agents and volunteers, the Manager's liability hereunder shall be only to the extent of the Manager's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE MANAGER'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement Section 6 Insurance Insurance: The Manager shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Manager, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the Manager shall provide a Certificate of Insurance evidencing I 1. C ommercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations /broad form property damage, explosion, and collapse, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Manager All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis The Owner shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by !or on behalf of the Manager and a copy of an endorsement that is acceptable to the Owner, which names the Owner as an additional insured shall be attached to the Certificate of Insurance The Owner reserves the right to receive a 3 1 I i certified copy of all the required insurance pol i and endorsements The Owner further reserves the right to reject any unacceptable policies and /or endorsements The Manager's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurers liability The Manager's insurance shall be primary insurance as respects the Owner and it shall be an affirmative obligation upon Manager to advise the City's Risk Manager by fax at (360) 473 -5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement The Owner also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage Section 7. Liens Manager shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on any interest of Owner in the Premises Section B. Access Owner shall permit Manager unrestricted access to the Premises and will provide the necessary keys and or codes for Manager and future tenants Manager is hereby granted the ability to allow access, at no additional charge, for any parties necessary to accommodate the needs of any current or future site tenants Section 9. Environmental Warranty Owner and Manager agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Premises Owner and Manager agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at its sole cost and expense, (for the payment of penalties, sanctions, forfeitures, losses, costs or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (1) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, an (u) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Premises or activities conducted by the party thereon, unless the environmental conditions are caused by the other party The indemnifications of this Section 9 specifically include reasonable costs, expenses and 4 fees Incurred In connection with any Investigation of Premises conditions or any clean -up, remediation, removal or restoration work required by any governmental authority The provisions of this paragraph will survive the expiration or termination of this Agreement Section 10. Additional Requirements This Agreement shall bind and benefit the parties, their successors, purchaser or assigns This Agreement shall be Interpreted, enforced, and governed under the laws of the State of Washington with venue in Kltsap County This Agreement constitutes the entire Agreement between the parties and may not be modified in any way, unless in writing signed by both parties Any notices, communications, or demands to be given hereunder shall be in writing and sent by certified or registered mail addressed as follows To Owner: Bremerton Department of Public Works & Utilities 100 Oyster Bay Ave. N. Bremerton, WA 98312 Attn: Forestry/Natural Resources Manager To Manager: Day Wireless Systems 4700 S.E. International Way Milwaukie, OR 97222 Attn: Sites Department Either party hereto may, from time to time, by notice to the other, designate a different address that shall be substituted for the addresses specified above Manager: Ratleco Communications Owner: City of Bremerton, Department of Services, Inc. dba Day Wireless Systems Public Works Brent McGraw, Director of Sites Title: Date: Date: Approved as to form: Received for Filing: City Attorney City Clerk R \Legal \Legal \Contracts \PUBLIC WORKS \Cheryl St Commmunication Site Mgt Agreement 8 -5 -11 docx 5 Exhibit A Communications Sites - 1925 NE Cheryl Street Bremerton, WA 98310- including but not limited to the self - supporting tower, concrete block budding, and fenced compound 6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H SUBJECT: Shore Drive Lateral and Study Session Date August 10, 2011 Manhole Rehabilitation COUNCIL MEETING Date _August 17, 2011 Department PW & U Presenter Tom Knuckey Phone 473 -2376 SUMMARY: This is a construction contract to rehabilitate nine (9) laterals and seven (7) manholes along the 18" sewer main on Shore Drive The engineer's estimate for this contract is $250,000 There were four bids Stan Palmer Construction was the lowest responsible, responsive bidder in the amount of $299,410 20 The City reserved the right to delete two bid items, the award amount reflects this reduction The revised contract total and award amount is $249,237 00 (including sales tax) ATTACHMENTS: 1 Council Summary, 2 Agreement, 3 Site Plan, and 4 Bid Tabulation FISCAL IMPACTS This project is included in the 2011 Budget and is fully funded by rates The 2011 budget for the project is $250,000 With other project costs, including engineering, construction management, and field support by operations maintenance staff, the total estimated project cost is $290,000, which exceeds the budget by $40,000 The 2011 Capital projects budget for Wastewater includes other projects that will be deferred to next year The deferred funds can be used to augment the additional $40,000 needed for this current project without creating a need for a budget amendment or without jeopardizing existing Wastewater activities and operations APPROVALS: �.-- DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the bid for Shore Drive Lateral and Manhole Rehabilitation and authorize the Mayor to finalize and execute the agreement with Stan Palmer Construction in the amount of $249,237.00 (including sales tax) with substantially the same terms and conditions as presented STUDY SESSION ACTION: Cons t Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT ' COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY Shore Drive Lateral and Manhole Rehabilitation Background The sewer system in Trenton Avenue Basin was modified in 2002 as part of the City CSO Reduction efforts Part of this effort included modifications to the 18" sewer main along Shore Drive, which resulted in this main being under pressure during heavy storm events Due to the age, depth and occasional pressure in the main, the City is rehabilitating the laterals and manholes to minimize the potential for future failures Contract Summary Construction will consist of replacing nine (9) sewer laterals from the main to the ROW line and installing associated cleanouts, and replacing outside lateral drops with new inside drops for four (4) manholes Fiscal Summary The construction estimate for this protect is $250,000 Bids were opened on August 2, 2011 Stan Palmer Construction was the lowest responsible, responsive bidder in the amount of $299,410 20 (which includes sales tax) Language in the Bid Proposal form states that the City reserves the right to delete various bid items after the bid opening Staff have elected to eliminate Bid Items 7A and 7B for manhole lining, which reduces the contract amount to $249,237 00 (including sales tax ) The 2011 budget for the project is $250,000. With other project costs, including engineering, construction management, and field support by operations maintenance staff, the total estimated project cost is $290,000, which exceeds the budget by $40,000 The 2011 Capital projects budget for Wastewater includes other projects that will be deferred to next year. The deferred funds can be used to augment the additional $40,000 needed for this current project without creating a need for a budget amendment or without jeopardizing existing Wastewater activities and operations Shore Drive Lateral and Manhole Rehabilitation Page 1 of 1 Council Summary MH 1 E 10th St. A. �o 56 m A ca o z co p� a O cu cc Li Li F 0 c a m O � o Z MH2 E 9th St. N O n © H7 6 Shore Dr. SITE MAP M MH H5 1"= 20'(APPRO)O NOTE THISDRAWWGISSCHEMATIGINNATURE 0 = PIPE SEGMENT ID AND IS INTENDED TO SHOW MN AND PIPE LOCATIONS APPROXIMATELY CONFIRM LOCATIONS MH# = MANHOLE ID # IN THE FIELD WRH THE OWNER PRIOR TO WORK � JOyp REVISIONS o FED BWR CITY OF BREMERTON R z m no oEUxiPro� onh er ® DEPARTMENT OF PUBLIC WORKS & UTILITIES SHORE DRIVE LATERAL N a FWT� A.�VI, y ENGINEERING OMSION AND MANHOLE REHABILITATION a SCALE °^"w'"c NO ow.ww w.� wao uESCx er wro a+EUCCO er nc SITE PLAN A g wv¢ nrs —T M S ww MTE 1/1, PE I M.3 mm 710' € CITY OF BREMERTON BID TABULATION BID TITLE OPENED BY `'� Shore Dnve Lateral and Manhole Re _ � DATE OPENED August 2, 2011 TIME OPENED 2 00 p m RECORDED BY ��, C � NAME OF BIDDER BOND BASE BID SALES TAX TOTAL a ga- lm // �n N �P RQIQIVS IOT '"I L� � =� (eG =3 �C. SUMMARY TOTAL BID COMMENTS APPARENT LOW BIDDER ls- SE ND LOW BIDDER - THIRD LOW BIDDER n can 5 I too) . a ENGINEER ESTIMATE (INC SALES TAX) $ „J�� ID CONTRACT (page 1 of 3) THIS AGREEMENT is dated the day of in the year 2011 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR) CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Shore Drive Lateral and Manhole Rehabilitation ARTICLE 2. CONTRACT TIMES The WORK shall obtain Substantial Completion within 45 calendar days from the commencement date stated in the Notice to Proceed Time is of the essence as to each and every deadline set forth in this agreement This provision has been specifically negotiated ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1 -08 8 of the Standard Specifications which may be modified by the Special Provisions They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $500 for each day that expires after the time specified in Article 2 herein and Special Provision 1 -08 5 for Substantial Completion and Final Completion of the WORK in accordance with Section 1 -08 9 of the Standard Specifications as may be modified by the Special Provisions ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1 -07 2(2) of the Special Provisions ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 1 -09 9 of the Standard Specifications which may be modified by the Special Provisions Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton July 2011 Shore Drive Lateral and Manhole Rehabilitation CF -1 i CONTRACT (page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, o Performance Bond, o Payment Bond, o Standard Specifications, o Special Provisions, o Contract Plans, o Addenda numbers to , inclusive o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto There are no Contract Documents other than those listed in this Article 6 The Contract Documents may only be amended by Change Order as provided in Section 1 -04 4 of the Standard Specifications which may be modified by the Special Provisions ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4 24115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability ansing under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and /or the ENGINEER as further defined in the Contract Documents The provisions of this section shall survive the termination of the contract Contractor Initials City of Bremerton July 1011 Shore Drive Lateral and Manhole Rehabilitation CF -2 CONTRACT (page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and /or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written CITY City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No Approved as to Form Agent for seance of process (Signature) (Title) City of Bremerton July 2011 Shore Drive Lateral and Manhole Rehabilitation CF -3 b AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51 SUBJECT: Resolution No jji' for Name Study Session Date August 10, 2011 Change of two remnant portions of Arsenal COUNCIL MEETING Date August 17, 2011 Way to Russell Road and Shorewood Drive Department PW&U Engineering Presenter Gunnar Fndriksson Phone 473 -2354 SUMMARY: The State of Washington in constructing State Route 3 divided Arsenal Way into two separate roadways The City requests that these two remnant portions of Arsenal Way be renamed to provide for public safety and to promote street name continuity The first portion is located within the redevelopment of Westpark Due to roadways being relocated and removed, it is requested to change the portion of Arsenal Way west of Oyster Bay to Russell Road The second portion of Arsenal Way is south of Kitsap Way and is a dead end street The City policies for Addressing of Land and Street Naming shall promote street name continuity The connecting street to the north of the intersection with Arsenal Way is Shorewood Drive and it is requested to change that portion to Shorewood Drive ATTACHMENTS: 1 Council Summary, 2 Resolution No 31 and 3 Aerial Photo FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to pass Resolution No >1'5D to change the name of two remnant portions of Arsenal Way to Russell Road and Shorewood Drive STUDY SESSION ACTION: Coons t Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ 1 1; able ❑ Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY NAME CHANGE ARSENAL WAY TO RUSSEL ROAD AND SHOREWOOD DRIVE Summary Arsenal- was -a -main thoroughfare that - serviced the west half of Bremerton and the two war plats of Qualhelm and Westpark With construction of SR 3 in 1970- 71, a portion of the right of way for the roadway was incorporated into the state highway, dividing the roadway from approximately 150 feet west of Oyster bay Avenue to approximately 500 feet south of Kitsap Way With the redevelopment of the area of Eastpark, roadways are being relocated /removed to better serve the new configuration Part of this relocation is Russell Road tying into the remnant of Arsenal Way west of Oyster Bay This street name change at no discernable intersection could lead to some confusion on behalf of the public To remedy this situation and better provide for public safety, the name should be changed to Russell Road the entire length to Oyster Bay Avenue The portion of Arsenal Way off of Kitsap Way does not connect to the remainder of the roadway and is currently a dead end street In review of City policies for Addressing of Land and Street Naming, the City shall promote street name continuity As the connecting street to the north of the intersection with Arsenal Way is Shorewood Drive, the name should be changed to Shorewood Drive for this section of roadway Fiscal Summary The estimated cost of the change is minimal for staff time to correct maps and change street name signs Arsenal Road, West of Dyster Bay Avenue, to Russell Road Council Summary July 2011 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, changing the name of two remnant portions of Arsenal Way to Russell Road and Shorewood Drive WHEREAS, the State of Washington, in constructing State Route 3, divided Arsenal Way into two separate roadways, and WHEREAS, the redevelopment of Westpark has removed and relocated roadways to provide more appropriate development of the site, WHEREAS, as a consequence of these events, Russell Road now connects into Arsenal Way at no discernable intersection creating confusion for the traveling public, and WHEREAS, the portion of Arsenal Way off of Kitsap Way does not connect to the remainder of the roadway and is now a dead end street, and WHEREAS, to eliminate this confusion, it is recommended that the remnant portions of Arsenal Way be renamed, and WHEREAS, City staff has contacted and received approval from all outside agencies concerned with street name changes, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Name Change The name of the City street Arsenal Way from Oyster Bay Avenue to Russell Road is hereby changed to Russell Road and the name of the City street Arsenal Way from Krtsap Way to the dead end against State Route 3 is hereby changed to Shorewood Drive as set forth in Exhibit A, attached hereto and incorporated herein by reference SECTION 2. 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 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 1 Rename Arsenal Way to Russell Road and Shorewood Drive Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R U.egal\I.egal\Resolutions\Pubhc Works\Arsenal Wy Name Chg doc 2 Rename Arsenal Way to Russell Road and Shorewood Drive i EXHIBIT FOR CITYCOUNCIL ARSENAL ROAD NAME CHANGE SEC 16 &21 0 T 24N ,R 1 E ,W M CITY OF BREMERTON KI T , — W, }! KITSAP CO , WA — ,t �� r z ` \ •" � .Z 7`� �`' �.� �'�� j I i v !r"� . =5 S7 d ��.'Z � _ � `� � �"�, • 4 � � �,��0 `" � 0 `�� C �,�, -n �s t� ��, � {, rah � � c �' ^ � .>� di s t Ai � - 11 , I nA 4.. th 1 Q r 0 � �� h rr� 1 t / � c �I ^(•)� \y '+� T f,C _i �' "�`r� c • � �� ` } �'` rid �ai5 ' � � yo. � 7 � �� $v�� W L jLj �/�v r 4 4 I �K3 r ef, lR ��+, "l /�� "Y 3'�� J �` t" °' � �' �' A � P �i •t, ,.��n� � �� z� t � � ° � C}y /�f Q�9 5�,? e ✓s �. �' + ��. t r \� � � � "�' t .\ \ �� i� _ �� J� y T � � t� v j J M ��, 3 co SP .,k.�' 'i • _ •�� a � <`t+ ! \\ `\ \ `'^icy o '��" 95 t n W � o , f",r,r� � "� � 1 ^•`� • t y ' � �\ �\ „ gyp+, V V I Y f• � Y I '"y., ^+L��"2 *'. / � , i � d ��+� ,� � �' �7 � � � � �� ``;`� Oi� :�°a ; � �'j/ 7 �P r � � EAR }� tij 9• f v � N l\ + .t / � �tw / �J �4({ ,G _�r _ 1 ` • \ \\ \\ 'r� - ' T`Y - �Y \ n ,�f �_`; J'��, \ � �/ l\ � ` Y1 ��fA Z7 � { � N� `l �� 08/26/2011 GF & SJ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amended and Restated Study Session Date August 10, 2011 Cooperation Agreement between the City of COUNCIL MEETING Date August 17, 2011 Bremerton and Housing Authority of the City Department City Attorney's Office of Bremerton Presenter Roger A Lubovich Phone 473 -2345 SUMMARY: On April 24, 1951, the City and the Housing Authority of the City of Bremerton entered into a Cooperation Agreement related to war housing that comprised the area formerly known as the Westpark community BHA has undertaken an initiative to redevelop the area, now known as the Bay Vista community The proposed Amended and Restated Cooperation Agreement updates the provisions of the agreement to reflect the new community name, to clarify that the U S Department of Housing and Urban Development (HUD) is successor in interest to the Public Housing Administration (PHA), and allows for redevelopment of the site and adds Tara Heights (21 -unit public housing development) to the agreement ATTACHMENTS: Proposed Amended and Restated Cooperation Agreement and the 1951 Cooperation Agreement 0444 7 Coo�'a�On Pr9 Taro Ne�9hts) FISCAL IMPACTS (Include Budgeted Amount) The agreement provides for a Payment in Lieu of Taxes related to the new Bay Vista community and Tara Heights property APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY �--- FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the Amended and Restate Cooperation Agreement between the City of Bremerton and Bremerton Housing Authority of the City of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: XConseqt Agen a ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 AMENDED AND RESTATED COOPERATION AGREEMENT This Agreement entered into this day of , 2011, by and between Housing Authority of the City of Bremerton (the "Local Authority ") and City of Bremerton (the "Municipality "), witnesseth WHEREAS, the Local Authority has owned, managed, financed, and/or otherwise supported public housing located within the Municipality, including the Westpark community, a 571 -unit public housing development that is in the process of being revitalized and will be known as the Bay Vista community, and Tara Heights, a 21 -unit public housing development, and WHEREAS, the Local Authority has entered into a contract or contracts with the U S Department of Housing and Urban Development ( "HUD "), successor in interest to the Public Housing Administration, for the administration of such housing pursuant to Section 606 of Public law 849, 76 Congress, as amended, and WHEREAS, the Local Authority and the Municipality entered into that certain Cooperation Agreement (War Housing Conveyed for Low -Rent Use) on April 24, 1951 concerning any war housing conveyed to the Local Authority after April 24, 1951 (the 11 1 951 Agreement ") and that certain Cooperation Agreement entered on July 2, 1975 concerning low - rent housing developed after July 2, 1975 (together with the 1951 Agreement, the "Original Cooperation Agreement "); and WHEREAS, the Local Authority has undertaken an initiative to demolish the war housing that comprised the Westpark community and to redevelop the site, and WHEREAS, the Municipality is desirous of continuing to assist and cooperate with the Local Authority in such undertakings and to amend and restate the Original Cooperation Agreement to reflect the redevelopment and transformation of the Local Authority's portfolio, DMEAST #13688077 v8 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto hereby amend and restate the Original Cooperation Agreement in its entirety as follows 1 Whenever used in this Agreement (a) The term "Project" shall mean any affordable rental housing project located on land previously subject to the Original Cooperation Agreement that is owned, managed, financed and/or otherwise supported by the Local Authority and exempt from any real or personal property taxes or special assessments (i) formerly known as Westpark and now known as Bay Vista, and (ii) Tara Heights Public Housing (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and non - dwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and non - dwelling utilities 2 (a) Under the constitution and statutes of the State of Washington, all Projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body With respect to any Project, so long as (i) such Protect is owned by a public body or governmental agency and is used for affordable rental housing purposes, or (n) any contract between the Local Authority and HUD in connection with such Protect remains in force and effect, or (iii) any monies due to HUD in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real DMEAST #13688077 v8 2 or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes ") to the Municipality in lieu of such taxes and special assessments and in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to such Project (b) Each annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10 %) of the aggregate Shelter Rent charged by the Local Authority in respect to such Project during such fiscal year or portion thereof, or (11) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is the lower (c) The Municipality shall distribute the Payments in Lieu of Taxes provided for in paragraph 2(b) above among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Project were not exempt from taxation, rop vided however that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation (d) Upon failure of the Local Authority to make any Payments in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof 3 During the period commencing with the date of the acquisition of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency DMEAST #13688077 v8 3 and is used for affordable rental housing purposes, or (n) any contract between the Local Authority and HUD in connection with such Project remains in force and effect, or (iii) any monies due to HUD in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality, (b) Insofar as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the administration of such Project, and at the same time safeguard health and safety, and (n) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the protection of such Project and the surrounding territory, (c) Accept grants of easements necessary for the administration of such Project, and (d) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the administration of such Project 4 In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority it will accept the DMEAST #13688077 v8 4 dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Protects, together with all storm and sanitary sewer mains in such dedicated areas 5 If by reason of the Municipality's failure or refusal (after reasonable notice or demand by the Local Authority) to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other affordable rental housing projects owned or operated by the Local Authority 6 No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement 7 So long as any contract between the Local Authority and HUD in connection with any Project remains in force and effect, or so long as any monies due to HUD in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of HUD The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including HUD, authorized by law to engage in the development or administration of affordable rental housing projects If at any time the beneficial title to, or possession of, any Project is held by such other public or governmental agency, including HUD, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including HUD DMEAST #13688077 v8 5 IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written CITY OF BREMERTON By Name Title Attest City Clerk HOUSING AUTHORITY OF THE CITY OF BREMERTON By Name Title Attest Executive Secretary DMEAST #13688077 v8 6 gt ' 1 �1 i 't 12082205194; 12 Dac'05 5:17PM;Job 89; Page 6 /11 C p, • �lLh °' J • 7 r r ^,• , •. , rr �� , �•A r i },� 'r' S h 7 - I + r t , � s ,' ru, r '�'�r x ' Vt• � v ' "'= n p ,�• , it ,' ^ �' Y V„ f. X ' 7r� t . r1 .s..y •'+ + l ry � 4 1 • r w ..S i t rk•`; �,r ! COOABUT2012 AOR3 3' 4 , , "" f o+ n • 7 "" 0139 WiYi9jt 03' 3 i ,'�+.`t " „rir P. , !L o � • rr $ , •y .' j{. s .. '• r fy ° r�ld s ... ,,r,r ,,+ of �+ : %' ti, a •r 4 1 � 1 � ' 41�'iC i{r;N� ,�'i3 , 7 ; ,,° rhU *00 entered into this 24 Vr x � . `} b s A4tho�rity of the City of ' � 9 4t `+ j ��`�r'� � ° 1t,,, ►�` ` ...y �e p� ��t� (y ,. M" ;p1�. t o Yt+ r , r ids : - t. y AYaT•�bli M; W M1irPO ' V AU09��) Slag 4f ty o *qp#^ ' 0-*; •170r'►rF'..+" r q� � r r,• !7 v r , 21t T tLr !�� t �� f+ + " ✓ ' ;'1 � f7 QUY a��i0 of the City •1;' l V + r ,y,' a/+^• %� '� � � s• y rr•7�n , d;uti; , , .•� ,. °^ I a g ra the 4ps�+ity) Use reposted W," Lb14q,7�a 4pugo � '�, ::•f, , g(Qt'ein oalled the ) to opangey tp L994 4th . • s ' t r �rx r • .!'wr > '�F ''•�4,�1.`�{'.(`, ; r :�.. r p y, ,pl ti �i: `i ^• `rf�,t ' 't r : }JF t. i •.�" -i.+ , . �T �"�"' ' 40 p 100064 VdItbi�q. the oAr�ar�t a �t t� o t he �PIg'�rQ'�,q` �t� i ♦ Rt +� y Iv ,.'r`y� for U06 Fy' reASV •wW1 = and d �•ti •{ �. • s t• �A�Niw�S (�'y♦ r � r J'�1 f i'. • rt 7 t +/} 1 • d • 2 Y 1 VO W, Al . ! 77 � • + Vt a r' { � S INO �I�ebkot'itr9 pY0pw9e�i to sacpb 4f�lq�d }��,! �r »�' x^ •�r� J �% *1' O ter into a contrAot or aontr4A* ` _ ;� '•�` �1 � '" ., � r ?.�:(,.�,' ^�Q�,';'I�►, ad�p aP a4iah boualirB P�'ougnt to �'��10�' 6Q8 o>r t , •jrc; �' � � nt � z � °" >• 4 r r 1 •• 5 'I} !, A . ' S aw 'y k. , ,. 1 `, .' fit+ 64 r,f'tj d `r " " `i ,Y '�'^ }jQQ1', "('h 0ai}grii9e, A8 sII►anded� s " �� , t „` ' �� '• "7g iY �f/ .r•'`r s T a�� fp.... .1 wp j ,, � }� +r••, } r � " "rOCF `'�' V� ' m � • r,.(5! I �J1Ii d w•y+ ' i3O �.p&.1,ity 10 d49 iroun 1"r �a �fA�•�p i �O ` j J`�. V ,, '� +ti"'� F' Z'FY seYH _ .,T��,'tr�' r , r"ril �. "� .• p"rt 4A k 1 ba thority _ is Mich u"arts+ald3w) .", s� r r. 1 •i r{15.: Vh a 1 " '� ',,'�' • - , t � J • +� e` j�Q(Gf � in oanciderati on of the , 8 0 •�` •: i7 "VkJ. " , :w'�"i i s S i ,i, �, 4 .} ..r •S�1Ir:� 1'e•� +•'r;'�Is}rhtl parties berate do B.�y'6d 1549 tOiwF M, used in this Agreeme>ati Pt4e tr61A1Z �'px'a9eebs tlbetll moan MW 9 ig vu-ph l rn i •i., !.. 4 p p" !v t, p T`r'is► ! f1 t to he 1604 •�thormw tar �� rt �} ��g =ryI as +:r•::� F t '" 1pt' �}�,' t 46 44V X Me beett feipastOd by the PIT ap+ f ! rY, r _ 4 �a aa(' r • }�, '� ' 4, t �:.t, ,� . � •. ^` rti'' '�M�v}j' °45a�'� A - +r�„r ra'' - • , �` , , (b) The tQM nT'41Li.ng Body" "'11 mean ' L' tn.8i a gr &W" ¢ "A• r • > ",�, �. + :o ut Fq e4< "ert' taxing u>►it tt4ore9P in >ahiah va authority to &geese or levy rog. ar: pttrsonal prog� ''" ^ ,•� �+r ' 0. s" i' .. . :s tWq yr to,,foartifY QUO taacaa to A taXin a bo b1° " >r ` ,• - - t► , ; to ,. s'* _ *0.69 levied for use and benefit t ¢l �'pieat �i it .' ai h re lent r '1pA7�'a 4 not 4�P� `1 ° i'ctn t�L4tiCri� r • � � "ij 7�' 1p irr' .• tt Sent By HUD GENERAL COUNSEL; Sent By: HUD GENERAL COUNSEL; 12082205184; 12 Dec'05 5:18PM;Job 88; Page 7/1i rl 1' • L 4 1 alt f:F} 4f f4 §` '" • +�/' A ? t (a) Rent* vball >3teaa the' ,ota1 p 17. '.t' • ` t �► %: � � �t Y R'.`+y -` w ,4 8 y q 'aPr" Of 4 NOJPot for ddrellistg re�`io�.'^�Imyl• •'�` "•:,� ! §� , J - J fi rs3►t� ( n all other MWca at suOh lfiD�eot� ��es the : =, ,r t - • .J ti ti - "�;r r ot., r w i 'poelsAW the Looal Authoritr of all dwelling and nonw*nBllitig ati7sties. °,�� - � q • ,� ., a. The a42 klthopity ebeiX endeavor to seauVip,u 0ontp+oet ' j'y,ar oekraotn With #0 PHL for the soquiaiti wW opcyetign of one or h a eata f0p4ow-rent tee. •' �¢� ' i (�►y .'�R14bvv the oonetitati0n and etatcitve cr s) 'Bite of \, • , •, � f ^• 1f ldAp, r, , t ^ It tats AXIS exempt frem all real ] l j + o WIT ' - • 4 ap"ta i* p ' eSeaa4AFe lg e Or 3mponed by a TA'ags BGe S a { ° w • � '�f i � ox ,�o� r 'Project. o0 2006 of dther (i) 61W r,**J00t to = i 3 S • F t = • t ! 1 dy o r goverweaxtai &&troy And k ` 95, or szW OQOtXaot bb"e�j j� � � � •� F ' 1 ` 4 " • r» M .7 �J T t rsth ation with amoh Pro jeat r '}h j �+-R [• � , � A' � t � •' 1 t J, f, � �. .'� i 1 9 G, I t ' '•mot 7 / • + uy(• , • S,.tM ! St' J.. + r •4w � + �Q>s � ' : ^r onl to due isQ the z'1ii 10 eaimao on rid th Much f ; t •.�Vl..r, T,�e'"t'M1r'�h,�•r�� unggdd' whiob e•0•or period to the it will. not levy of Y � ap e1K XF p .may i y .'Y'N•'r••..�.�r•..wwn•.r t - •..' a 'w, ' al ss e ' . • • y . enti8 tt$ORl spa And gr UM the '; Vk r, Y F YYr• lnJy,,, /.• tY, J rt4p®ct thereto. Durios aaoh P ` tp LogaL . ; y^ A, M.Y> i ' 'i,ar•!. pdy�aeAtp (hOvOin 642 + LUX . r "•^ r i :^� ,, '' t oxv$ . + K �'t f ® the public evr cos 40d Pso ttigs AMAjoboij. dther ooet or p)sargs, ` �` •� r. (b) » tae year is odhivh the ova t he M& ' t�yRl�ep aAl t{nq a+.e► -tq r ,* .1404 A"P ty U =do aad the UgXt euaaepdi>gg t#x you fla9h St, 4e KOW of , Tama eb&U be in ; G R whiab would be Wd to all Tax!>�6t Aodiys der tsab ` ,gwaoh yeas if tKO Pro jeot hero not exempt J)rQ& toxgtioa lose ow ' ! r y' • 1:e in Lieu pf 2=05 pre vianely paid !fir the pedeml 00"rnment or tooA2 hulhQrtjr for euoh year, and Aldo leas 8404 a11p npe ws a�ay .,, �• -2- .x Sent By. HUD GENERAL COUNSEL; 12082205194; 12 Oeo'05 5:19P1l;Job 89; Page B/11 r i { i ° S .i•�, r ��r 1 � r i l f r • �e ao:isidered by the IacaZ 6ttthority to do 4ppa'opruty for upadi'Eures by either the B r ed�ral c+oyet'tm�ent or ahe Loa4T Authority for the �• ' J tfg • ara3nbelu ob o streots, utilipiee, or ot4or pub240 s er vices to t . •Y ""Aerlm Ouch 'a a or (11) the ^ 040 At tad to �Q pA# �P My t 3x1 egpot an the 8440 such p4 tab io •�w ► ;t he Your. b ; 9ver 04 r e pali4y s 71 diet • s s 7�gaioi 'iwto PW4940 ih JAW �+ � •„ of .Ta7C @a for saw two years asuo" the T4xu In the es>po p , ' '; r • , Y n E o i� ti oh real pros e r Y taxoe would have bepf�,paJd. 8a egok w 5 ' � 8 04i for'sgah year it the w •, , " " Project trere not rs�b f ram tentio:i • ti . i `: that a }► dedu "Ou Or 4 a j j p R Y • 3N � �a 7ABde dri - _�s+�Aglt'b PT �I�Af1aisLlr�r+ Q a' sat or the Local Authaa Sty ebo} be 4#uateo tv e,� s 2#,k*P to '46 appropriate t r . , , ••', r s y es �y �dY X sh", jd bEtv+s rendered s• ' ' �Co.S' the and :• o3' th two tslt years refs O �� r " �, > ' •r � bove ft r yOh a nnn �) , } ' ,! l� MoO ". ♦ e i'isa Yo of �@ r Ye a ab�ishe�d four ya a 4a �1• Fr t .� �?� l b4 am +a1 cat�►b evax to oifher (i) ten per r Y, oS t}ut .a >i 4 by the Loml "L Atathori >f. , ry ;, j ' � ; ,�3� A►er# �ut�b fiscal Year or portion tTmoreaS' � y�j�' r {4 yt aa► ` " • . ; �, $'�ttd, to l d by spplioable state lax In sPyNi�1 dot o a% • 4 •. s ' �'is ed0, wbfoheaer emamns �e the lower. Jr ' . • " , ' d� A AP'lity 0 0,21 4Satriba "f •''` i P rti •, r �'.. P3. the Pe era 14 IA. at �1 - •c> N � a#Ao praaided t In Pte' h 1 a r • y aF ?above Mond r � ' ' � i' Bodies in. 'In '°�A4b real t " . properby taxes 040h wAua4 v0 boon pai tp�. `� $ody f such ' ' �.• a +, �' year 3.f the .c� " 1 `Q�eOt wore no,# QZG COAL is 1 • �9 tai r1eaX property taxes �+ioh > ,d hou past `=� + �*0 e4, Of Tfx4ug Bodies roy gnoh your if t � Y th ft"Yo ►v� ad ,....r ► that sso psyJ ' pny' year Mau r "de to nay w Taae - Y . �$ is ei�oe0s of the &notaat of too, seal �rcy3?erty ', 9h would eve been paid to sucb T Body .Vor 'sugh year U . -Project mere not wpb from 'taxation, t 4�) II�aa lure of the Laael Author3 Sent By: HUD GENERAL COUNSEL; 12082205184, 12 Dec'05 5'20PM,Job 88; Page 9/11 ,l )t „ Y• ideu of Taws, no 1ie>1 agmbmt MW Project ar aseets Of the LocAl Auirkiority ill attach swr ehµll arty' Istareat or $cnaltiea accrue or -y Attaah on acoovtnts thereat - ' a ' to During the period commencing with the date oi' the aoga5.83t1oA 9f ez►y 1'"Jeot and A""nuing ao long at either (1) such rrojeot iii Mad tJy a public body or goveriwarltO,l agency and is cased for low-went hougin$ purpoeea or (ii) say n4ntraot bwbween; the Lipgsl .Authority And >s ;thew in cevaeaticM with Ouch Project remains }h ;fame and Otoot, ; og 4 ) a4 0t A oodn due to the ML I n wtth.'ftch F"Ject x R M d Pty s W49he'ver period la the longeet the *MiQipAlit;r w#hout e fL { 600V or ch*l a to the Decal .&authority or the tenants o ' such F'ro jeot = ' (9 *r than the i Paymeata ixt lieu of Taxes) shall: tp (a) Fp#*4h or comma to be Puraishwd to „ cgel t Autharil F �4,R aAd tIO -tan Uts of pooh Project public aer S thoe' C haracter and to the amts ezt , a ept$+ns soup fttrtaitBhgi', %�� gr* tam¢ *0 t4b6 withgUt *oat or oharga Ashgr Y a a1rWti iAl9apits t1 bL.1.�AipQli$yi = 1' ' ' (b) 3,� aosr so the t¢=l eipality su+,y t�•s¢: „ , f f4u*4 40YA&tio= from the building o*A* 4 T w > a ,lity � r . Mossaa to ..,,.,,a, Y ” , ie�oy i�if tha Acbstini•stration of auah Pre e r. ' aapd gt the GMQ► ^• » > i ' ..'d t��ue sa;t, $Pard health and wety' (i i) ;sp}ch o1ltSnges a^ 1 4 M M O f the Bite and surrcuw a %+ tag t of at>ot+t ` s FrAdf011 90 Are romoonable end naoesspA7 lW UO pz'akgctiM r Of OUGh Yro feet gpd,the surrang4it erritbryi ` greantm of eaaeatente Aepebvaxyr ftv the Adruitt3n let tr$t� � such Pro f cot' and Al perate With bhp Loom �d ) Coo w AuthQr4ty bj+ - quo der laxvftl e r '' cotta � of w4 v ON the k nistpauty ad than T4041 ormw , VW,nmoea6 in O �"Y OnAeoti-0k7 ttrittl the 4ft*41¢t8°0tfsiop of : , w M •.t '�^; such F0464% u"- Sent By: HUD GENERAL COUNSEL; 12082205194; 12 Oec'05 5 :20PM;Job 89; Page 10/11 ' t'i 4 `l 4 J i1 E , ; p � N Y ' I r 9 ,S •C VVV 7S .'Rn Y " 6f In ferpsct to any Project, the Adunioipality fetr4ber agrees �O l04A 0 Voc 04Able time after rsaeipt of a written request theeref .' " * ft the LoW AatlWrtty It vtill naoept the dedloation o#' 412 Juter"r ' i �'b} gtre etoads all wed , ad aser►t aidewralke withWt argils of such • 4 f - *94e6tri tat uth9r'With all atom aced sanitary eewar aku3ae it such deft- ,A i� s sated areas. 8,- It by paeou of the Itunioipality+s taibw of retoa&i { after ✓ ✓ ! r ?+ h { �i 404014 uo#90 or dom xd by thq Looa7. 'Atttho}°� �►) Leh rat' eamp� `� ' � i _ Y to bs fir4irh9d, euy peebllo serviose or £aoilitles h wb3;p it ,pas Agreed . r r , A �� ,�4re=Qer to fgZ18h or to oaueo to be furnished to W31 4WI ,Ut1wr4$ ? OM,, . ,GV Project, the Looe1 Aukhorlty,"'L ours VMy a w• w ®" , ot flag st 1t sofrdoea or f"111#88 thou tIM 444 , r4*v ' ` ?y y `�►dgct the Ats " 4 4 such eexponse fr'o1a am �s 44 14 , _ L1ou 9�' ! t 8�ae o ta!a 1lte the pality is rest t s : ^ i' to R$n to 1Sun901 Q P4 'P'oocV r hour4ttg prolcabp owrpad or CPO r�a} 40 Coog�rattioss Age =a3tt heretofore 1 ' ;;, es�ter8' S>tc bgtwo► • ;?(Z 'ItWt? and. I a Loea7. Authority shall be co�rR d ,t � s+ apply to � r1�, i • . � . r,Q�eot^ bc9errgd * �fih� Agrempui., 8o long'hs OW oo�atraot between. the' Looeif�tYt°ri+�r �•,•' ' Reed t P$A in 90nneotion with wW Projoot remaiue in Force sad fattdot, or so • r2 "} �!M ,Ra aqr awp4ee' Aare to the ?" in aomeotigh with �r I're�pc�t,rlsaaiu• ;,a�,+ `ter , t4p AV 0 "PUt shall Apt be abtrogeted, eban 0 r < t !xjt ut teas pEOdsgev of the F"- The px'i IJ eV* and Abj:Lga1 13Ag of tht XW44444tT h4rerr shall remain in fall fors® Band ' with fe. 4 ' ' ' , r `• �1F «•#o 6aR�t lhc9 "' t so eta the baste �M R y A� ^ , yam,, • // - �� / J1O M[Mr�•'Y•��E ' 1ie1d -",� the �4A4tIWr.�'W xpr 4th r I T M V «. � _ A palbla q body o . V govern » • • j ; 4 9 0 MV,4401 - ading the Pik, authoritad by lean tA "me in the r' deloy ax �strstien of 1osw.r ent hoar Us vresvta� a at AV ' r' i�, `tltep taco 1*4404 0o 43. title to, or poss4eslou of, asy ps'o,�e9b ie kslaq rA by e'"k other publya or gov'ermexktal 64GA07, iAOludlq& the PU, the • Sent By: HUD GENERAL COUNSEL; 12062205194; 12 Dec'05 5:21 PM ;Job 88; Page 11/11 • $� i5 At a � '1 ' t+ 1 ip• >1r f,.iY r + ! s .+ J � ) •_ K .�' y Y r . y f t �.,,...,.,� •' , �,, ' , ^r �, • a Y ' • `ry 15 kgWh6 re9f 8I*U inure to the benefit of ��.K.,� • Jt,,�4;x� 'Sx axe be $ut'arbed ;FS�iOU'904V p4lil4,9 body or p"ra 4"tal sgs oy * �VA40 ' Ise pg <4 - : 'A /V WITW8 ? the M=1844lity and tine Ui ve ,, hovit y p ve raa ctiVOl Big" ha Pa Y this egs'dewen'� and *mood t�ir seal® to be { i atAxOd VAd Otea�gd as of the day and your Pirat abo" written* ,1 F 3� MY or ETON • , +� `�`� }� B Y " Mai ` y. f ♦ K"* t 01 • f r t " YI Y • r„ T � at { t ; •� .. � .� : • O. ", + 1 } ; HOUSING AUTHORITY Or m OXTT or SW .r 1 4r , t e 3 t . k • 41 t ` � "' ,4«i!' y ' r J S t ,• r •5 , .� ' S -1 r , 'try .� , et w' 8 '`A, H L'o .?t+ t , � •� 7i t J b J N � ') C,'� • t !t b t ' 3 t y,. r • y 1 t �jJ 1 ,5 4 , to 7 ' f.0 t t t t ,s e y Y 1•r J'. t� k r i CDOPhIAATVOM AGRDMONr This Agreement entered into this � day of by and between the HOUSING C (herein called the "Local Authority") th BRSM RT0K, WASHINGTON, (herein called the 'Municipality"), witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The Term Development shall mean any low -rent housing hereafter developed as an entity by the Local Authority with financial assistance of Housing 6 Urban Development (herein called H.U.D.); excluding, however, any low -rent housing development covered by any contract for loans and annual contributions entered into between the Local Authority and H.U.D., or its predecessor agencies. prior to the date of this Agreement. (b) The Term 'Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a development is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Development if it were not exempt from taxation. (c) The Term "Shelter Rent" shall mean the total of All charges to all tenants of a Development for dwelling rents and non - dwelling rents (including all other income of such Development), less the cost to the Local Authority of all dwelling and non - dwelling utilities. (d) The Term "Slum" shall assn any area where dwellings Predominate which. by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. 2. The Local Authority shall endeavor (a) to sedge a contract or contracts with the H.U.O. for loans and annual contributions covering a Development comprising approximately 120 units of low -rent congregate housing and (b) to develop and administer such Development which shall be located within the corporate limits of the Municipality. The obligations Of the parties hereto shall apply to such Project. S. (a) Under the constitution and statutes of the State of Washington. the Development is exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Development, so long as either (i) such Development is owned by a public body or governmental agency and is used for low -rent housing purposed, or (ii) any contract between the Local Authority and H.U.D. for loans or annual contributions. or both in connection with such development remains in force and effect, or (iii) any bonds issued in connection with Development remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Development or upon the Local Authority with respect therein. During such period, the Local Authority shall make annual payments (herein called "Payments in Lieu of Taxes ") in lieu of such taxes and special assessments and in payment for the Public Services and facilities furnished from time to time without other cost or charge for or with respect to such Development. -1- W Bach such aianaal Payment in Lieu of Taxes shall be made after the and of the fiscal year established for such Development. and shall be in an amount equal to either (1) ten percent (10%) of the Shelter Rent charged by the Local Authority in respect to such Development during such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, whichever amount is lower. (c) The Municipality shall distribute the Payments in Lieu of Taxes awn the Taxing Bodies in the proportion which the real Property taxes which would have been paid to each Taxing Body for such year if the Development were not exempt from taxation bears to the total real property taxes which would have paid to all Taxing Bodies for such year if the Development were not exempt from taxation, Provided, however, that no payment for any year shall be made to any Taxing Body in excess Of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Development were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Development assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on aeconmt thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Development and continuing so long as either (1) such Development is owned by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Local Authority and H.U.D. for loans or annual contributions, or both, in connection with such Development remains in force and effect, or (iii) any bonds issued in connection with such Development er mates due to A.H.D. fn connection with such Development remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Development (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants or such Development, public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Development as may be necessary in the development thereof. and convey without charge to the Local Authority such interest as the Mnicipality may have in such vacated areas. and, in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality. cause to be removed from such vacated areas, in so far as it may be necessary, all public or private utility line and equipment, (c) in so far as the Municipality may lawfully do so, (1) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Development. and at the some time safeguard health and safety, and (11) make such changes in any zoning of the site and surrounding territory of such Development as are reasonable and necessary for the development and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of such Development; and -2- Le) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and adminis- tration of such Development. S. In respect to any Development the Municipality further agreas that within a reasonable time after receipt of a written request therefore from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Development, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Development or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Development site for such work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sever mains, leading to such Development and serving the bounding streets thereof ( in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Development site for such work if such site were privately owned). 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Development, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lien of Taxes due or to became due to the Municipality in respect to any Development or any other low -rent housing developments owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Development covered by this Agreement. a. So long as any contract between the Local Authority and H.U.D. for loans (including preliminary loans) or annual contributions, or both, in connection with any Development remains in force and effect, or so long as any bonds issued in connection with any Development or any monies due to H.U.D. in connection with any Development remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of H.U.D. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Development so long as the beneficial title to such Development is held by the Local Authority or by any other public body or governmental agency, including H.U.D., authorized by law to engage in the development or administration of low -rent housing developments. If at any time the beneficial title to, or possession of, any Development is held by such other public body or governmental agency, Including H U.D. the provisions hereof shall inure to the benefit of and may be enforced by. such other public body or governmental agency, including H.U.D. -3- IN WITNESS WKSUOP the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) Attest- �/ o� A//E' � k �P MWING AUTHORITY OP THE CITY OF (SRAL) BREMERTON, NASHINMVN Attest: BY -4- AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Public Hearing regarding Study Session Date July 27, 2011 Ordinance No 5160 adopting the COUNCIL MEETING Date August 17, 2011 proposal to modify the City's district Department IT /Financial Services boundaries Presenter Bill Eley /Becky Hasart Phone 473 - 5293/473 -5722 SUMMARY: Each decade, the US Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation To formalize the new district boundaries, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance cannot be adopted for at least a week after the public hearing As such, tonight's action is to make a presentation illustrating the new boundaries and then hold the public hearing The ordinance will be presented to Council for formal adoption at the September 7, 2011 meeting The new district boundaries information /maps are available on the City's web site If the public has objections to the new boundaries, they do have a 45 day appeal process through Kitsap Superior Court ATTACHMENTS: Proposed Ordinance No 51 10 0 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: A 17: Holddthe public hearing to take testimony regarding the proposed new district boundaries ( No aciio n toy ca (&VJC; l Ukl- -;k s f- be -- `7 7--&11). STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting new City Council District boundaries for the City of Bremerton based on the year 2010 census and repealing Ordinance No 4812 relating to City Council Districts. WHEREAS, the Bremerton City Charter authorizes the City Council to change the boundaries of existing City Council Districts by ordinance, and WHEREAS, the 2010 census has necessitated the adjustment of City Council District boundaries to more equally balance population, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Ordinance No 4812 of the Bremerton City Council establishing City Council Districts is hereby repealed SECTION 2. Council District No 1 of the City of Bremerton shall include DISTRICT NO.1 That portion of Sections 2, 3 and 11, Township 24 North, Range 1 East, Willamette Meridian, situate in Krtsap County, Washington, lying northeasterly of the Port Washington Narrows waterway and westerly of Warren Avenue, located within the Bremerton City limits, and lying westerly of the following described line Beginning at the centerline intersection of Callahan Drive and Warren Avenue, being the true point of beginning; thence northwesterly to the centerline intersection of Clare Avenue and the westerly right of way of Warren Avenue; along said centerline of Clare Avenue to the centerline intersection with Sheridan Road; thence westerly along the centerline of Sheridan Road to the intersection with Robin Avenue, thence northerly along said centerline of Robin Avenue to the centerline intersection with East 30" Street, thence westerly along the centerline of East 30 Street to the centerline intersection with Stewart Avenue, thence northerly along the centerlme of Stewart Avenue to the centerline intersection with Dibb Street; thence easterly along the centerline of Dibb Street to the centerline intersection with Phillips Avenue, thence northerly along the centerline of Phillips Avenue to the centerline intersection with Sylvan Way, thence westerly along the centerline of Sylvan Way to the centerline intersection with Pine Road, thence northerly along the centerline of Pine Road to the intersection of the Bremerton City limits, also being the terminus 1 Council Districts SECTION 3. Council District No. 2 of the City of Bremerton shall include DISTRICT NO.2 That portion of Section 1, 2, 11 and 12, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying northerly of the following described line Beginning at the centerline intersection of Sheridan Road and Schley Boulevard, also being the True Point of Beginning, thence southerly along the centerline of Schley Boulevard to the centerline intersection with Chestnut Street, thence westerly along the centerline of Chestnut Street to the centerline intersection with Cherry Avenue; thence southerly along the centerline of Cherry Avenue to the centerline intersection with Callahan Drive; thence westerly along the centerline of Callahan Drive to the centerline intersection with Warren Avenue, thence northwesterly to the centerline intersection of Clare Avenue and the westerly right of way of Warren Avenue, along said centerline of Clare Avenue to the centerline intersection with Sheridan Road; thence westerly along the centerline of Sheridan Road to the intersection with Robin Avenue, thence northerly along said centerline of Robin Avenue to the centerline intersection with East 30'' Street; thence westerly along the centerline of East 3& Street to the centerline intersection with Stewart Avenue, thence northerly along the centerline of Stewart Avenue to the centerline intersection with Dibb Street; thence easterly along the centerline of Dibb Street to the centerline intersection with Plullips Avenue, thence northerly along the centerline of Phillips Avenue to the centerline intersection with Sylvan Way, thence westerly along the centerline of Sylvan Way to the centerline intersection with Pine Road, thence northerly along the centerline of Pme Road to the intersection of the Bremerton City limits, also being the terminus SECTION 4. Council District No 3 of the City of Bremerton shall include DISTRICT NO.3 That portion of Section 12 and 13, Township 24 North, Range 1 East, and Section 7 and 18, Township 24 North, Range 2 East, Willamette Meridian, situate in K tsap County, Washington, located within the Bremerton City limits, lying northerly of the Port Washington Narrows, and lying southerly of the following described line: Beginning at the intersection of the centerline of Seattle Court and the line of ordinary low tide, also being the True Point of Beginning, thence northerly along the centerline of Seattle Court to the centerline intersection with Wheaton Way, thence southeasterly along the centerline of Wheaton Way to the centerline intersection with Schley Boulevard, thence northerly along the centerline of Schley Boulevard to the centerline intersection with Callahan Drive; thence easterly along the centerline of Callahan Drive to the centerline intersection with Fir Avenue, thence southerly along Fir Avenue to the centerline intersection with Maple Avenue; thence northeasterly along the centerline of 2 Council Districts Maple Avenue to the intersection with the extended centerline of Sunset Lane, thence easterly along said extended centerline to the Bremerton City limits, also being the terminus SECTION S. Council District No 4 of the City of Bremerton shall include DISTRICT NO.4 That portion of Section 13, 14, 22, 23, and 24, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, lying southwesterly of the Port Washington Narrows waterway, within the Bremerton City limits, and lying southerly of the following described line Beginning at the intersection of the extension of the centerline of Highland Avenue and the line of ordinary low tide, also being the True Point of Beginning; thence southeasterly along the centerline extension of Highland Avenue to the centerlme of Highland Avenue, thence continuing southeasterly along the centerlme of Highland Avenue to the centerline intersection with I V h Street and Washington Avenue; thence easterly and southerly along the centerlme of Washington Avenue to the centerline intersection with 6 Street, thence westerly along the centerline of O h Street to the centerline intersection with Pacific Avenue, thence southerly along the centerlme of Pacific Avenue to the centerline intersection with 5 th Street, thence westerly along the centerline of said 5th Street to the centerline intersection with Chester Avenue; thence southerly along the centerline of Chester Avenue to the centerlme intersection with 1 St Street; thence westerly along the centerline of said 1 St Street to the centerline intersection with Callow Avenue, thence southerly along the centerline of Callow Avenue to the centerlme intersection with Farragut Street, thence westerly along the centerline of Farragut Street to the centerline intersection with Cambrian Street, also known as State Route 304; thence southwesterly along State Route 304 to the Bremerton City limits, also being the terminus. SECTION 6. Council District No. 5 of the City of Bremerton shall include DISTRICT NO.5 That portion of Section 11, 12, 13 and 14, Township 24 North, Range 1 East, Willamette Meridian, situate in Ktasap County, Washington, and within the Bremerton City linuts, more particularly described as follows Beginning at the centerline intersection of Sheridan Road and Schley Boulevard, also being the True Point of Beginning and the Bremerton City limits; thence southerly along the centerline of Schley Boulevard to the centerline intersection with Chestnut Street, thence westerly along the centerline of Chestnut Street to the centerline intersection with Cherry Avenue, thence southerly along the centerline of Cherry Avenue to the centerline intersection with Callahan Drive, thence westerly along the centerline of Callahan Drive to the centerline intersection with Warren Avenue, thence southerly along Warren Avenue to the centerline intersection with 13` Street; thence westerly along said 13 3 Council Districts Street to the centerline intersection Chester Avenue, thence southerly along said Chester Avenue to the centerline intersection of 11 Street, thence westerly along said 11 Street to the centerlme intersection of Hewitt Avenue, thence southerly along said Hewitt Avenue to the centerline intersection with 6 Street; thence easterly along said 6 Street to the centerline intersection with said Chester Avenue, thence southerly along said Chester Avenue to the centerline intersection of 5 Street, thence easterly along said 5th Street to the centerline intersection with Pacific Avenue, thence northerly along said Pacific Avenue to the centerline intersection of 6 Street, thence easterly along said 6th Street to the centerline intersection of Washington Avenue; thence northerly along said Washington Avenue to the centerline intersection of 11 Street and Highland Avenue, thence northerly and northwesterly along said Highland Avenue to the intersection with the line of ordinary low tide, thence from this point northeasterly to the centerline of the Port Washington Narrows with a line perpendicular to said centerline of Port Washington Narrows, thence northwesterly along said centerlme of Port Washington Narrows to the extended centerline extension of Seattle Court; thence northeasterly along said extended centerline of Seattle Court to the centerlme intersection with Wheaton Way, thence southeasterly along the centerline of Wheaton Way to the centerline intersection with Schley Boulevard; thence northerly along the centerline of Schley Boulevard to the centerlme intersection with Callahan Drive, thence easterly along the centerline of Callahan Drive to the centerline intersection with Fir Avenue, thence southerly along Fir Avenue to the centerline intersection with Maple Avenue, thence northeasterly along the centerline of Maple Avenue to the intersection with the extended centerline of Sunset Lane, thence easterly along said extended centerline to the Bremerton City limits; thence generally northerly and westerly along said Bremerton City limits to the True Point of Beginning SECTION 7. Council District No 6 of the City of Bremerton shall include DISTRICT NO.6 That portion of Section 10, 11, 14 and 15, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, lying southerly of the Port Washington Narrows waterway, within the Bremerton City limits, and lying northerly of the following described line. Beginning at the centerline intersection of Corbet Drive and 17 Street, also being the True Point of Beginning and the Bremerton City Limits, thence southeasterly along the centerline of Corbet Drive to the centerline intersection with 15` Street, thence easterly along the centerlme of 15 Street to the centerlme intersection with Wycoff Avenue, thence south along the centerline of Wycoff Avenue to the centerlme intersection of 13 Street, thence easterly along the centerline of 13 Street to the centerlme intersection with Bloomington Avenue, thence southerly along the centerlme of Bloomington Avenue to the centerline intersection of 11 th Street, thence easterly along the centerline of 11 th Street to the centerlme intersection with Chester Avenue, thence northerly along the centerlme of Chester Avenue to the centerline intersection with said 13 Street, thence easterly along said 13 Street to the centerline intersection with Warren Avenue; thence 4 Council Districts northerly along said Warren Avenue to it's intersection with the line of ordinary low tide, also being the terminus. SECTION 8 Council District No 7 of the City of Bremerton shall include DISTRICT NO.7 That portion of Section 14, 15 and 22, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, within the Bremerton City limits, more particularly described as follows Beginning at the centerline intersection of Corbet Drive and 17 Street, also being the True Point of Begmning and the Bremerton City Limits, thence southeasterly along the centerlme of Corbet Drive to the centerline intersection with 15` Street; thence easterly along the centerlme of 15 Street to the centerline intersection with Wycoff Avenue, thence south along the centerline of Wycoff Avenue to the centerlme intersection of 13` Street, thence easterly along the centerlme of 13 Street to the centerline intersection with Bloomington Avenue, thence southerly along the centerlme of Bloomington Avenue to the centerlme intersection of 11 th Street, thence easterly along the centerline of 11 th Street to the centerline intersection with Hewitt Avenue, thence southerly along said Hewitt Avenue to the centerline intersection with 6 th Street, thence easterly along said 6 th Street to the centerline intersection with Chester Avenue, thence southerly along said Chester Avenue to the centerlme intersection with 0 Street, thence westerly along the centerline of said 1 St Street to the centerline intersection with Callow Avenue, thence southerly along the centerline of Callow Avenue to the centerlme intersection with Farragut Street, thence westerly along the centerline of Farragut Street to the centerline intersection with Cambrian Street, also known as State Route 304; thence southwesterly along State Route 304 to the Bremerton City limits, thence northwesterly along said Bremerton City limits to the centerline intersection with Summit Avenue, thence generally northerly and easterly along said Summit Avenue to the centerline intersection with Rodgers Street; thence easterly along said Rodgers Street to the centerline intersection with Lafayette Avenue, thence northerly along said Lafayette Avenue to the centerlme intersection with Patten Avenue, thence generally westerly along said Patten Avenue to the centerline intersection with said Summit Avenue, thence northerly along Summit Avenue to the centerline intersection with said 1 St Street; thence easterly along said 1 St Street to the centerline intersection with said Lafayette Avenue, thence northerly along said Lafayette Avenue to the centerline intersection with Burwell Street, thence easterly along said Burwell Street to the centerline intersection with said Cambrian Avenue; thence northerly along said Cambrian Avenue to the centerline intersection with said 6 th Street; thence westerly along said 6 th Street to the centerlme intersection with Wilbert Avenue, thence northerly along said Wilbert Avenue to the centerline intersection with Kitsap Way, thence easterly along said Kitsap Way to the centerline intersection with Corbet Drive, thence northerly along Corbet Drive to the Point of Beginning 5 Council Districts SECTION 9. Council District No. 8 of the City of Bremerton shall include DISTRICT NO.8 That portion of Section 9, 10, 15, 16, 21, 22, 27 and 28, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, within the Bremerton City limits, more particularly described as follows Beginning at the centerline of Ostrich Bay east of the terminus of Shorewood Drive, also being the True Point of Beginning, thence west to the centerline of Shorewood Drive, thence southerly along the centerline of Shore Drive to the centerline intersection with Kitsap Way, thence westerly along the centerline of Kitsap Way to the centerline intersection of Auto Center Way; thence southerly along the centerline of Auto Center Way to the centerline intersection of 6` Street, thence westerly along the centerline of 6th Street to the centerline intersection of Pleasant Drive; thence southwesterly along Pleasant Drive to the centerline intersection with Price Road, thence westerly along the centerline of Price Road to the intersection the Bremerton City limits, thence generally southerly and easterly along said Bremerton City limits to the centerline intersection with Werner Road, thence easterly along said Werner Road to the centerline intersection with Union Avenue, thence southerly along said Union Avenue to the centerline intersection with Poindexter Avenue, thence southerly along said Poindexter Avenue to the centerline intersection with Peters Street, thence southeasterly along said Peters Street to the centerline intersection with Humphrey Avenue, thence southerly along said Humphrey Avenue to the centerline intersection with Roosevelt Boulevard, thence westerly along said Roosevelt Boulevard to the centerline intersection with 3` Street, thence southerly along said 3` Street to the intersection with the Bremerton City limits, thence generally easterly and northerly along said Bremerton City limits to the centerline intersection with Summit Avenue, thence generally northerly and easterly along said Summit Avenue to the centerline intersection with Rodgers Street, thence easterly along said Rodgers Street to the centerline intersection with Lafayette Avenue, thence northerly along said Lafayette Avenue to the centerline intersection with Patten Avenue, thence generally westerly along said Patten Avenue to the centerline intersection with said Summit Avenue, thence northerly along Summit Avenue to the centerline intersection with said 1 Street, thence easterly along said 1 Street to the centerline intersection with said Lafayette Avenue, thence northerly along said Lafayette Avenue to the centerline intersection with Burwell Street, thence easterly along said Burwell Street to the centerline intersection with said Cambrian Avenue, thence northerly along said Cambrian Avenue to the centerline intersection with said 6 Street, thence westerly along said 6` Street to the centerline intersection with Wilbert Avenue; thence northerly along said Wilbert Avenue to the centerline intersection with Kitsap Way, thence easterly along said Kitsap Way to the centerline intersection with Corbet Drive; thence northerly along Corbet Drive to the intersection with the Bremerton City limits; thence generally northerly and westerly along said Bremerton City limits to its intersection with the 6 Council Districts centerline of Ostrich Bay, thence southerly along said centerline of Ostrich Bay to the True Point of Beginrung SECTION 10. Council District No 9 of the City of Bremerton shall include DISTRICT NO.9 That portion of Section 4, 5, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, Township 24 North, Range 1 East, and Section 13, 14, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, Township 24 North, Range 1 West, and Section 1, 2, 11, 12, 13, 14, 15, 22, 23 and 24 Township 23 North, Range 1 West, and Section 4 and 5, Township 23 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, within the Bremerton City limits, lying westerly of the following described line Beginning at the centerline of Ostrich Bay east of the terminus of Shorewood Drive, also being the True Point of Beginning, thence west to the centerline of Shorewood Drive, thence southerly along the centerline of Shore Drive to the centerline intersection with Kitsap Way, thence westerly along the centerline of Kitsap Way to the centerline intersection of Auto Center Way, thence southerly along the centerline of Auto Center Way to the centerline intersection of 6 Street, thence westerly along the centerline of 6th Street to the centerline intersection of Pleasant Drive, thence southwesterly along Pleasant Drive to the centerline intersection with Price Road, thence westerly along the centerline of Price Road to the intersection the Bremerton City limits, thence generally southerly and easterly along said Bremerton City limits to the centerline intersection with Werner Road, thence easterly along said Werner Road to the centerline intersection with Union Avenue, thence southerly along said Union Avenue to the centerline intersection with Poindexter Avenue, thence southerly along said Poindexter Avenue to the centerline intersection with Peters Street, thence southeasterly along said Peters Street to the centerline intersection with Humphrey Avenue, thence southerly along said Humphrey Avenue to the centerline intersection with Roosevelt Boulevard, thence westerly along said Roosevelt Boulevard to the centerline intersection with 3` Street, thence southerly along said 3` Street to the intersection with the Bremerton City limits, and the terminus SECTION 11. The City Clerk shall maintain an Official District Map setting forth Council Districts established by this ordinance as set forth in Exhibit "A" attached hereto and by reference incorporated herein, which illustrates the areas included in each City Council District by this ordinance SECTION 12. Sections l through 11 of this ordinance shall be effective January 15, 2012 at which time the new City Council Districts established therein shall be formed Pursuant to Section 7 of the Bremerton City Charter, no change in the boundaries of Council Districts shall affect the terms of any Council member. Council members 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. 7 Council Districts SECTION 13. Severabili'ty If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 14. Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO. R \Legal \Legal \Ordinances \City Councd\Council Districts (2011) doc 8 Council Districts EXHIBIT A - DISTRICT MAPS i' 7 t it ` E J /fit F -- ff in k,,,... 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PH fti� (t J' 11 wi �{ It? f � q s'`� p �itwf { �i 4 {� + 1 Avo Ul 1 s Pa 114kouns j 0 Pt l / w k �� J4 �� INaaan Count r��4 � �"`*.'t±►+�e� � , `'i • �1 ttsep County nil t lk the � t rmeL SDI Phis a if PC I 1 _ I � I 1 ' " `� � } i '� i•a` �� , � ` r t �".a�7_p` "'�r��t,�{ r y'n�, i i Y `��. \ `a•. � t t 21r j� #� � � , 1,,�� ..� + {�w ry �i � m i >��a4y f �� '" Q`r� � 1 1 / �i'i lot . ±.� 4 k� - Z'� —"^* i , _. -._'� �i � � ' AGENDA BILL CITY OF BREMERTON 49 CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Public Hearing regarding Study Session Date Ordinance No 5155, passed July 22, 2011, COUNCIL MEETING Date August 17, 2011 imposing a moratorium on methadone Department City Attorney's Office treatment facilities Presenter Kenneth W. Bagwell Phone 473 -2345 SUMMARY: On July 22, 2011 City Council passed Ordinance No 5155 imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for methadone treatment facilities The Ordinance provided that a public hearing would be held on August 17, 2011 Following the hearing, the City Council will either move to reaffirm findings in Ordinance No 5155 continuing the moratorium or move to terminate the moratorium ATTACHMENTS: Ordinance No 5155 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR �-- RECOMMENDED MOTION: 1 Move to reaffirm the findings in Ordinance No 5155 and to continue the moratorium on methadone treatment facilities as established in Ordinance No 5155 or 2 Move to terminate the moratorium established in Ordinance No 5155 STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. 5155 AN ORDINANCE of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any bwldmg, land use, or development permit or approval for methadone treatment facilities WHEREAS, the city's zoning code does not adequately address the unpacts of the placement and uses of methadone treatment facilities providing opiate substitution treatment and other related services ( "Methadone Treatment Facilities') within the City of Bremerton, and WHEREAS, the City is facing the potential of applications for development of Methadone Treatment Facilities within the City and the City does not have adequate provisions for the review and consideration of the same; and WHEREAS, because the Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter or adoption of new regulations by the City Council, and WHEREAS, the citizens of Bremerton would be well -served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics relating to Methadone Treatment Facilities may impose upon neighboring properties and the community as a whole, and WHEREAS, the City needs time within which to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions are necessary to address the impacts of such uses; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Methadone Treatment Facilities within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and WHEREAS, since the City does not currently have sufficient regulations to properly review and consider Methadone Treatment Facilities, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and welfare of the community, and 1 Moratorium —Methadone Treatment Facilities WHEREAS, RCW 35 63 200 and RCW 36 70A 390 authorizes cities to adopt moratoriums for a period not longer than six months provided a public hearing is held within sixty (60) days of adoption, and WHEREAS, the purpose of this moratonum is to provide tune in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determme what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Methadone Treatment Facilities, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Recitals Incorporated The recitals set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2. Moratorium Due to the findings set forth herein and as authorized pursuant and subject to RCW 35 63 200 and RCW 36 70A 390, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones and business licenses), or any other permit or approval required to occupy, site and/or to develop any methadone treatment facilities providing opiate substitution treatment and other related services within the City of Bremerton During said moratorium, no such building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton SECTION 3. Pending Applications Substantially completed applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Methadone Treatment Facilities, filed and accepted by the City prior to the effective date of tlus moratorium, shall not be affected by this moratorium SECTION 4. Duration The moratorium established herein shall be for a period of six months from adoption, unless extended as provided by law, subject to a public hearing being held within sixty (60) days of adoption of this moratorium and adoption of findings of fact justifying the moratorium This moratorium shall terminate sixty (60) days from adoption if the City Council does not make findings of fact ,justifying the moratorium during a public hearing(s) held wi lun that time period This moratorium may also be terminated earlier by motion of the City Council SECTIONS. Public Hear:nF - Scheduled Pursuant to RCW 35 63 200 and RCW 36.70A 390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption A public hearing on tlus moratorium will be held by the City Council during its regularly scheduled Council meeting on August 17, 2011, or as soon thereafter, to hear public input on this matter Immediately after the public 2 Moratorium — Methadone Treatment Facilities hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or terminating the moratorium SECTION 6. Severab:lily If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 7., Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the ARL-;;-� day of 2011 WILL MAUPIN, Counc resident Approved this Z yf day of 2011 PATTY ayor ATTEST APPROVED AS TO FORM CAROL EVV3EN, City CIA 40 LUBOVICH, City Attorney PUBLISHED the day of 2011 EFFECTIVE the day of 2011 ORDINANCE NO R \Lcgal\Legal \Ordinances \Community Development\Moratonum - Methadone Treatment Facilities 1 doc 3 Moratorium — Methadone Treatment Facilities AFFIDAVIT OF PUBLICATION Account #42742 AD#274218 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl- Miller, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herem mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on July 25, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $43 26 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 28, 2011 Q�n�� Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5155 AN ORDINANCE of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for methadone treatment facilities PASSED by the City Council on the 22nd day of July, 2011 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 July 25, 2011 AD #20115469 Washington state DETERMINATION OF NEED r Department of Social For 7 1 & Health Services DBHR Division of Behavioral Opiate Substitution Treatment Program Certification Health and Recovery KITSAP County April 26, 2010 Washington Administrative Code (WAC) 388 - 805 -040 requires the Department of Social and Health Services (the department), Division of Behavioral Health and Recovery to determine whether or not there is a demonstrated need in a community for opiate substitution treatment from the information provided to the department by the applicant and through department consultation with the city or tribal and county legislative authority, and other appropriate community resources The following is a determination of need for Kitsap County as requested by Kitsap County Commissioner Determination Of Need Criteria Year Year 2008 2009 Estimate of The Number of Adult Clients Using US Census US Census Opiates who May Be In Need Of Opiate Treatment Data for Data for Services in Kitsap County- Washington Washington 0 7 Percent of Person 18 Years of Age & Older 185,441 186,588 Estimate of Anticipated Need For The Number of Slots Slots Opiate Substitution Treatment Program Slots — 0 7 Percent Sum Multiplied by 35 Percent 454 457 County Residents Receiving Opiate Substitution Treatment Program Services: Clients served (unduplicated) 224 278 Clients By All Payment Source vs Public Funded Payment Source County Residents Receiving Outpatient Chemical Dependency Treatment Services With Opiate Diagnosis 236 329 Clients By Public Funded Payment Source County Residents Receiving Residential Chemical Dependency Treatment Services With Opiate Diagnosis Clients Served (unduplicated admissions) 187 246 Clients By All Payment Source vs Public Funded Payment Source 2008 2009 Total County Residents Receiving Treatment Services with Opiate Diagnosis 517 716 County Needle Exchange Data • Needles Exchanged 282,039 436,390 • Unduplicated Clients Served 4,546 7,524 County Medical Examiner's Office Data - All Alcohol and Drug Deaths 64 103 County Hospital: Emergency Department (2007) (2008) Outpatient Visits With Opiate Diagnosis 55 73 24- Hour Alcohol /Drug Helpline Number of Inquires Heroin 28 28 Opiates 67 81 Methadone 8 9 Injection Use 26 24 Referrals to Methadone Treatment 6 1 Total County Inquires 592 526 Data from Beth Lipton, Kitsap County Health District Epidemiologist * We do not currently have the ability to report on emergency department visits for categories such as a drug diagnosis We can report on Kitsap County residents who were hospitalized for different poisoning diagnoses Poisoning hospitalizations are categorized into the following groups poisoning by psychotropic agents, poisoning by non - medicinal substances, and poisoning by other medications and drugs There were 55 hospitalizations in 2007 for poisoning by a psychotropic agent, and 73 hospitalizations in 2008 for poisoning by a psychotropic agent DBHR has determined that Kitsap County may site one opiate substitution treatment program within the county area Prepared by Deb Cummins, Certification Policy Manager, Division of Behavioral Health and Recovery Page 1 of 1 J-ori Smith From Lori Smith on behalf of City Council Sent Wednesday, August 17, 2011 3 12 PM To City Council Subject FW Citizen Comment - Methadone Clinic Issue (Gay Neal) Attn Council Please see the e-mail below for your consideration during the discussions tonight, including the suggestion to create a Citizen Advisory Board Printed copies of the letter will also be provided Lori Smith .4aw 5 4- - `��i. Legislative Assistant Bremerton City Council (360) 473 -5280 From: Gay Neal [mailto:GNeal @co kitsap wa.us] Sent: Wednesday, August 17, 2011 2.55 PM Subject: Methadone Clinic Issue I was thinking about the City Council Meeting tonight and it reminded me of when I was working in Seattle to open a residential adolescent treatment program in the Greenlake Neighborhood Lots of controversy of course One thing that helped the community move forward with the program in the neighborhood was that the program committed to having a Citizen's Advisory Board (at the request of the City) I staffed it —we had lots of angry folks at first —but as they become more familiar with the program, the clients and the goals — the community accepted it and eventually supported it Just a thought — I don't know if you will see this before the meeting Good luck, Gay Neal 8/17/2011 Page 1 of 1 Lori Smith From: d ruble [drubiel @juno com] Sent: Wednesday, August 17, 20112 27 PM To: City Council Cc: Patty Lent Subject: Methadone Clinic Dear Council Members, Please accept my apologies for not attending this evenings meeting in person, but a previous commitment prevented my attendance I, property owner in the Charleston area, am adamantly opposed to the placement of the proposed methadone clinic in the area It has taken years, and considerable hard work, to gradually make a foothold on cleaning up the area, and issues that I have spent the last few months fighting in and around my property, would soon, under this proposal, be bused in It doesn't need to be stated that the economy is bad, and that all the businesses in the area need all the help they can get Bringing in methadone patients will be a drain on the area in police presence, in negatively impacting the tight parking situation, possibly causing new family businesses from the area and even causing some to move from the area I urge you to not allow the clinic to open in the area, either by continuing the moratorium, or banning it outright If you haven't been to Callow and the Charleston area in the last few days, please go Take your family and see how the area is improving Thank you for your time and service Respectfully, P vaadd R4,6 206 - 794 -6567 drubiel @,lunoxom 8/17/2011 (360) 692 -3079 V -77 44 - Fax (360) 692 -3095 ComrtANY 9330 SILVERDALE WAY NW #201 SILVERDALE, WA 98383 August 15, 2011 Bremerton City Council & Mayor Patty Lent 3456 1h Street, Suite 600 Bremerton, WA 98337 RE Permit For Methadone Clinic Dear Bremerton City Council Members and Mayor Lent The State Environmental Policy Act (SEPA) requires identification of possible environmental impacts (both on the built and natural environments) that may result from governmental actions Governmental actions specifically include "issuing permits" for public and private projects Before the City of Bremerton issues a permit to operate a methadone clinic in the Callow Small Business District or for that mattes anywhere within the City of Bremerton, we believe the City is required to prepare a full Small Business Economic Impact Statement identifying and evaluating the potential adverse impacts of permitting such a use Specifically, we are concerned about the impacts to local business in the area, property values, parking, traffic and public safety Sincerely, Jennifer ntor Mills MARK COOKE POLICY ADVOCATE AMERICAN CIVIL LIBERTIES UNION of WASHINGTON August 11, 2011 Bremerton City Council 345 6th Street, Suite 600 Bremerton, WA 98337 Re: Ordinance NO. 5155 - Moratorium on Methadone Treatment Facilities Dear Bremerton City Council Members, The American Civil Liberties Union of Washington (ACLU -WA) asks that the Bremerton City Council remove the moratorium on the permit and approval process for methadone treatment facilities enacted by Ordinance 5155 The ACLU -WA is a statewide, non - partisan, non - profit organization with more than 20,000 members dedicated to the preservation and defense of civil liberties The ACLU -WA strongly supports the availability of methadone treatment facilities in communities where residents suffer from addiction to heroin and other opiates We are concerned that potential methadone clinic participants in K>tsap County will unfairly be denied a valid treatment option if a facility is unable to open K>tsap County and the City of Bremerton are in dire need of such a facility Methadone clinics are an effective remedy for individuals, families, and communities dealing with opiate addictions There is a Clear Need for a Methadone Clinic in the Bremerton Area Krtsap County is in need of an opiate substitution treatment program It is estimated that hundreds of area residents are in need of this service According to data from the K>tsap County Health District, dozens of people are dying each year from opiate related overdoses 1 These are preventable deaths Methadone treatment facilities are an important part of combating this problem I See — Krtsap County Health District and Project Roam — Presentation Materials — 2011 - http / /www ci bremerton wa us/ forms /crtycouncil /KCHD_OpiateFocus pdf August 11, 2011 Methadone Treatment Facilities Work Methadone clinics have been in existence since the 1960's They are sanctioned by the federal government and Washington state as an effective way to eliminate withdrawal symptoms and relieve drug cravings from heroin and prescription opiate medications According to research funded by the Centers for Disease Control and Prevention, "methadone maintenance treatment is the most effective treatment for opiate addiction " Additional benefits include • Reduced or stopped use of infection drugs, • Reduced risk of overdose and of acquiring or transmitting diseases, • Reduced criminal activity, and • Improved family stability and employment potential 3 These benefits have also been proven in Washington According to the Department of Social & Health Services (DSHS), methadone treatment results in "lower health care costs" and "reduces arrests and convictions" for participants 4 Tellingly, the Washington research indicates that the longer someone remains in treatment the greater the reduction in criminal activity DSHS reports that "methadone treatment stays over one year are associated with particularly dramatic reductions" in arrests and convictions 5 As a result, cities should welcome methadone clinics Providing services in a convenient and easily accessible location will improve the likelihood that participants will remain enrolled in treatment The Legality of Methadone Treatment Facilities in Washington State Methadone treatment facilities are regulated by the federal government (21 U S C 823, 42 CFR Part 8) and by Washington state (RCW 70 96A 400 et seq , WAC 388 -805) Clinics are considered "essential public facilities" and cannot be banned outright (RCW 70 96A 400 (1)(b)) Approximately twenty clinics currently operate in Washington Federal courts have ruled that methadone clinic participants are legally designated as disabled and protected by the federal Americans with Disabilities Act, and that local governments cannot discriminate against methadone clinics MX Group Inc v City of Covington, 293 F 3" 326, (2002, 6 th Circuit), Bay Area Addiction Research and Treatment v City of Antioch, 179 F 3d 725 (1999, 9 th Circuit) Z CDC — Methadone Maintenance Treatment — February 2002 - http / /www cdc gov /idu/facts /methadonefin pdf ' Id 4 DSHS Research and Data Analysis Division - Methadone Treatment For Opiate Addiction Lowers Health Care Costs And Reduces Arrests And Convictions - June 2004 - http / /www dshs wa gov /pdf /ms /rda/research/4 /49 pdf 5 Id Page 2of3 i August 11, 2011 Conclusion There is an enormous amount of prejudice in society against people who have become addicted to opiates — much of it the result of misinformation and misrepresentation by the popular media People seeking to participate in methadone programs should be encouraged to end their dependence on dangerous illegal drugs Having a clinic in Bremerton, Kitsap County's largest city, will help to combat the escalating opiate addiction problem in the area The ACLU -WA asks that the City of Bremerton remove the moratorium from Ordinance 5155 and not delay issuance of necessary permits to make opiate substitution treatment available in this community Sincerely, Mark Cooke Policy Advocate, ACLU of Washington Cc Mayor Patty Lent, City of Bremerton Deb Cummins, DSHS - Division of Behavioral and Health Recovery Scott Lindquist, Krtsap County Health District — Director Ron Jackson, Evergreen Treatment Services — Executive Director Page 3of3 Proposed Methadone Clinic Painting Charleston's neighborhood and business district as NIMBY is unfair Bremerton citizens have expressed concerns that a proposed Evergreen Bremerton clinic needs to afford more consideration for neighbors than it afforded Seattle I don't think that's unfair Bremerton Police's memorandum to our Mayor last March documented thefts, assaults, panhandling, drug traffic and associated crimes happening around Evergreen's Seattle clinic Charleston is attempting to ensure that our neighborhood is safe and doesn't suffer the same ill effects We have concerns that our Police and EMS may be inadequately staffed and funded to support this proposed clinic Evergreen intends supplying Methadone to 350 drug addicted patients from the counties and tribal reservations of Clallam, Jefferson, Mason, Kitsap Bremerton is facing funding for any additional law enforcement or EMS requirements alone Kitsap County commissioners publicly support a Methadone clinic However, recent Kitsap County ordinance 9 32 010 states, "No drug abuse treatment center within Kitsap County shall provide methadone treatment" Sheriff Boyer was quoted being for the clinic as long as it doesn't impact his budget Many recognize the need for a clinic The question is why Kitsap County has been so supportive while forbidding by ordinance? NIMBY is the county saying we want the clinic but, not in the county and not on our nickel For the clinic to be successful it needs support from all in Kitsap County That also means the county helping to cover costs Why not consider a mobile Methadone treatment facility? Robert Parker 343 N Callow Ave Bremerton, WA 98312 360 - 377 -6540 parker @tscnet com Page 1 of 1 From Christine Grenier on behalf of City Council Sent Monday, August 01, 2011 9 17 AM To 'John Huntwork' Subject Citizen Concern - Methadone Clinic (John Huntwork) Dear Mr Huntwork, I have provided your letter to Council Member Carol Arends, the remaining Council Members, and Mayor Lent for consideration Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360) 473 -5280 From: John Huntwork [mailto johnhuntwork @gmad com] Sent: Friday, July 29, 20118 07 PM To: Carol Arends Subject: Methadone Clinic Mrs Arends, I have the following concerns /questions about the proposed methadone clinic on Callow My concerns are that is a prime tax revenue property that will turn into a non - profit thereby being eliminated from the cities tax base According to the state it will be allowed to treat up to 350 patients, for its limited operating hours this would significantly add to the traffic congestion during that time when the majority of PSNS employees are on their way to work I can concede there may be a need in Kitsap county, but disagree with the selected location for these reasons Questions I hope you will consider during your review over the moratorium period 1) What percentage of people have been successfully treated, not currently on any drug or medication, at the other clinics in Washington? 2) What number of people have not been successfully treated at other clinics in Washington? 3) Is the typical treatment plan a months long, year long or years long? From what I have read treatment is often a log term prospect (years) which would likely mean it would not be long before there are hundreds of people being treated at this clinic 4) Will all treatment be intravenous a the clinic only? If any drugs are allowed to leave the clinic I would be concerned that they may subsequently be resold 5) Is the program a maintenance program (continued use throughout life) or a detoxification program (limited duration)? The detoxification programs according to one study have an 82% relapse rate 6) Why doesn't this clinic /organization use Suboxone? This treatment is reportedly easier and more effective Thank you for your time V/R John Huntwork 8/11/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Study Session Date August 10, 2011 No 5o imposing a moratorium on the COUNCIL MEETING Date August 17, 2011 acceptance of applications for any budding, Department City Attorney's Office land use, or development permit or approval Presenter Roger A Lubovich for Medical Marijuana Collective Gardens Phone 473 -2345 SUMMARY: The City is facing potential applications for development of collective medical marijuana gardens within the City The Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present and the City does not currently have sufficient regulations to properly review and consider medical marijuana collective gardens The City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any budding, land use, or development permit or approval under the Bremerton Municipal Code for medical marijuana collective gardens within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council ATTACHMENTS: Proposed Ordinance No 5/ 5 q FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve Ordinance No imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marijuana Collective Gardens STUDY SESSION ACTION: ❑ Co sent A enda F1 General Business [Public Hearing COUNCIL PRESIDENT � COUNCIL ACTION: ❑ Approve ❑Deny ❑Table El Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. -51 51 AN ORDINANCE of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marijuana Collective Gardens WHEREAS, changes to Washington's medical marihuana law took effect on July 22, 2011 following the passage of E2SSB 5073 by the state legislature creating a state system of regulation for producing and dispensing marijuana for medical purposes, and WHEREAS, the law provides a new option for marijuana production in the form of medical marijuana collective gardens ( "Collective Gardens ") which can serve up to 10 qualified medical manjuana patients and can have up to 15 plants per patient, but no more than 45 plants, and WHEREAS, only qualified patients may participate in or receive marijuana from a collective garden, and WHEREAS, the City's zoning code does not adequately address the impacts of the placement and uses of Collective Gardens within the City of Bremerton and the lack of regulations creates a concern that a system of interconnected collective gardens could effectively operate as commercial dispensaries, and WHEREAS, pursuant to the zoning code, any use not listed as a permitted, conditional or accessory use by the zone, or any use not determined to be a similar use or any use not found to be an allowable accessory use to the principle use shall be prohibited within that zone unless allowed otherwise by law, and WHEREAS, the provisions of the zoning code create a potential conflict with E2SSB 5073, and WHEREAS, the City is facing the potential of applications for development of Collective Gardens within the City and the City does not have adequate provisions for the review and consideration of the same, and WHEREAS, because the Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, the protection of the public health, safety, and general welfare may be jeopardized by the establishment of such facilities prior to a review of the matter or adoption of new regulations by the City Council, and WHEREAS, the citizens of Bremerton would be well -served if the City more fully addressed and understood the potential impacts in the form of health, safety, 1 Moratorium — Medical Marijuana Collective Gardens economics, hazards to traffic, and aesthetics relating to Collective Gardens may impose upon neighboring properties and the community as a whole, and WHEREAS, the City needs time within which to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions may be necessary to address the impacts of such uses, and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Collective Gardens within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council, and WHEREAS, since the City does not currently have sufficient regulations to properly review and consider Collective Gardens, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and welfare of the community, and WHEREAS, RCW 35 63 200 and RCW 36 70A 390 authorize cities to adopt moratoriums for a period not longer than six months provided a public hearing is held within sixty (60) days of adoption, and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, determine what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for placement of Collective Gardens, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Recitals Incorporated The recitals set forth in this resolution are hereby incorporated as if fully set forth herein SECTION 2. Moratorium Due to the findings set forth herein and as authorized pursuant and subject to RCW 35.63.200 and RCW 36.70A.390, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones and business licenses), or any other permit or approval required to occupy, site and/or develop any Collective Gardens and other related services within the City of Bremerton During said moratorium, no such building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton 2 Moratorium — Medical Marijuana Collective Gardens SECTION 3. Pending Applications Substantially completed applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Collective Gardens, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium SECTION 4. Duration The moratorium established herein shall be for a period of six months from adoption, unless extended as provided by law, subject to a public hearing being held within sixty (60) days of adoption of this moratorium and adoption of findings of fact justifying the moratorium This moratorium shall terminate sixty (60) days from adoption if the City Council does not make findings of fact justifying the moratorium during a public hearing(s) held within that time period This moratorium may also be terminated earlier by motion of the City Council SECTIONS. Public Hearing- Scheduled Pursuant to RCW 35 63 200 and RCW 36 70A 390, the City Council shall hold a public hearing on this moratorium A public hearing is scheduled to be held during its regular Council meeting on August 17, 2011 to hear public input on this matter Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or terminating the moratorium SECTION 6. Severabdq If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 7. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of 1 2011 PATTY LENT, Mayor 3 Moratorium — Medical Marijuana Collective Gardens ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development\Moratonum - medical maquana collective gardens doc 4 Moratorium — Medical Marijuana Collective Gardens ZONING CODE INTERPRETATION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT BMC TITLE 20 INTERPRETATION NUMBER 2011 -01 ISSUE: Does the city permit "Collective Gardens" for Medical Marihuana? Changes to Washington's medical marijuana law took effect on July 22, 2011, and the law provides a new option for marijuana production in the form of "collective gardens " A collective garden can serve up to 10 qualified patients and can have up to 15 plants per patient, but no more than 45 plants Only qualified patients may participate in or receive cannabis from a collective garden The lack of regulations is a concern that a system of interconnected collective gardens could effectively operate as commercial dispensaries APPLICABLE CODE SECTIONS: BMC 20.42 Definitions Does not contain a definition of "Collective Gardens," nor does it contain any terms that are similar to this new use allowed by state law BMC 20.40.150 Similar Use Determination. Whenever a proposal is not listed as a permuted, conditional or accessory use in the zone, it may be permitted in that zone if the Director determines it is a use similar to a listed use for that zone BMC 20.40.160 Prohibited Uses. Any use not listed as a permitted, conditional or accessory use by the zone, or any use not determined to be a similar use pursuant to BMC 20 40 150, or any use not found to be an allowable accessory use to the principle use shall be prohibited within that zone unless allowed otherwise by law DISCUSSION: None of the City's zoning districts list "Collective Gardens" as a permitted, conditional, or accessory use The Director has determined that there are no similar uses by which to classify °collective gardens" by the zoning code INTERPRETATION: Pursuant to BMC 20 40 160, the Director has determined that no "collective gardens" can be established in the City of Bremerton under the current zoning code This may be interpreted to be in conflict with state law DCD recommends that the City Council provide legislative direction to de rmme the ap prate zoning districts in which to establish collective gardens ndrea L. p cer, AICP Director Date Dlepa nt f Community Development L4nd se 0 icial