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HomeMy WebLinkAbout09/07/05 AGENDA \. FILE CITYCOUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280 SEPTEMBER 7, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TOORDER: 5:30 P.M. in COMMUNITY CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB05-202) B. Minutes of Meeting - August 31,2005 (#AB05-203) C. Professional Services Agreernent with PARAMETRIX;INC. for Environmental Assessments of Charleston Beach Road segment of the SR 304 Project (#AB05-204) D. Resolution No. 2978, authorizing use of the General Contractor/Construction Manager Alternative Public Works Procedure pursuant to Chapter 39.10 of the R.C.W. for the Bremerton Harborside Park/Building 50 Renovation/Memorial Plaza Project (#AB05-205) 6. PUBLIC HEARINGS A. Ordinance No. 4946 adopting amendments to Bremerton Municipal Code (BMC) Title 20 "Zoning Code" pertaining to parking, landscaping, signs, and ten zoning district classifications (#AB05-206) 7. GENERAL BUSINESS A. Public Safety Bond Issue - Professional Services Agreement with Arai Jackson Architects for Police Department (Burwell site) and Municipal Court (17th & Warren) Design (#AB05- 187) B. Purchase and Sale Agreement between the City of Bremerton and CHEVRON U.S.A. INC. regarding acquisition of real property adjacent to Evergreen Park (#AB05-207) C. Ordinance No. 4947 relating to City of Bremerton's FY2005 Annual Budget (#AB05-208) \ 8. PUBLIC RECOGNITION 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING II Americans with DisabHities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING_TH_EJ~Q1LNC:I~ MEETING TONIGHT 'z?';; Y /lx;t7i.5) If es !dJ:s;p-:jJ;Va Ii Yf,;;J~ [) (j^,~) A.ljj(JV\. ~ 5lfl c!t({'r L (~f- C~~ 1\~J4 c;(?jGr '" CITY COUNCil 345 6th Street, Suite 600, Bremerton, WA 98337 cg Phone (360) 473-5280 PROCLAMATION FOR CONSTITUTION WEEK Whereas: The Constitution of the United States of America, the guardian of our liberties, embodies the principles oflimited government in a Republic dedicated to rule by law; and Whereas: September 17, 2005 marks the two hundred eighteenth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and Whereas: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and Whereas: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, be it resolved that we, the City Council ofthe City ofBremerton do hereby proclaim the Week of September 17 through 23, 2005 as CONSTITUTION WEEK and ask our citizens to reaffirm the ideals the Framers ofthe Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 7th day of September. 2005. v~~ Daren Nygren, President Bremerton City Council CITY COUNCil 345 6th Street, Suite 600, Bremerton, WA 98337 cg Phone (360) 473-5280 PROCLAMATION Whereas, September 2001 marks the anniversary ofthe first community-wide Health Fair initiated by the NAACP Bremerton Branch Health Committee at the Kitsap County Fairgrounds; and WHEREAS, minority health care is experiencing a severe crisis, particularly with the upsurge in cases of cancer, HN I AIDS, sickle cell anemia, sudden infant death and cardiovascular health issues; and WHEREAS, the NAACP, on national, regional, and state levels is sounding the Health Care Awareness alann and reaching out to every citizen to "leave no one behind" without proper health care guidance, self-learning and encouragement; and WHEREAS, community education and information about health care is slipported by numerous local individuals, organizations, and businesses; NOW, THEREFORE, we, the City Council of the City of Bremerton do hereby proclaim the Month of September 2005 as Community Health Care Awareness Month. SIGNED, this 1+h. day of S-ept.e~Ioet- ,2005. p~~ Daren Nygren, President Bremerton City Council DATE SUBJ\lITTED: BILL # 05- .10~ AGENDA BILL CITY OFBREMERTON CITY COUNCIL SA ....'...................................................................................1 SUBJECT: Approval of Claims and Checks Register Committee Meeting Date: COUNCIL MEETING Date: ~~~J '7,' ~O.s Department: F nancial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: .'J=:>~ v1~~ RECOMMENDED MOTION: Move to approve: . U 1) Check #s 302427 through 302 y (o(P and EFTs in the amount of $ '3 pLlQ. J 7.3 \ . <52. 2) Regular payroll for the pay period ending 00/15/ ()5'In the amount of$ fp 7~ .361 )15 CONSENT AGENDA l2J 8SS%...gSCcO I gSblP ~S <0 2 through <65fp3 3) Retiree payroll for the pay period ending in the amount of $ COUNCIL ACTION: !!1A.pprove 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: 9/1 J oS- BILL # pS "'~o3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Sf> ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: 4errewJo.e.r ~ :2..00 S- Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held A-'L(s4-3 \ J )..00:;;- SUBJECT: Minutes of Meeting - Al.t3u5t- 3/, ;J.ooS- ATTACHMENTS: Minutes for i-l Vl~()lSt- 3J, ;)....ooS- FISCAL IMPACTS (Include Budgeted Amount): 0 APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA [gJ ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny n Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday,August31,2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, VVashington, Wednesday, August 31, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Dianne Robinson, Mike Shepherd, Cecil McConnell, and Brad Gehring. Council Members Wendy Priest, Carol Arends, and VVill Maupin were absent. Also present were Assistant City Attorney Ken Bagwell and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Pastor Larry Robertson of Emmanuel Apostolic Church. President Nvaren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M. Mr. Baawell announced the following changes to the Council Meeting Agenda: 1) Item 4G has been pulled from the CONSENT AGENDA; and 2) Item 4J will be heard under GENERAL BUSINESS as Item 5B. PUBLIC SERVICE ANNOUNCEMENTS - There were no announcements tonight... CONSENT AGENDA A. Check Numbers 302307 through 302426; EFT-8545 through EFT-8546; EFT-8548 through EFT-8557; and 8547P in the amount of $463,238.37 (#AB05-190) B. Minutes of Meeting - July 27, 2005 (#AB05-191) C. Minutes of Meeting - August 3,2005 (#AB05-192) D. Minutes of Meeting - August 10, 2005 (#AB05-193) E. Minutes of Meeting - August 17, 2005 (#AB05-194) F. Minutes of Meeting - August 24, 2005 (#AB05-195) G. Appointment of .^,d3m Brockus to the Community Development Block Gr3nt Advisory Committee (#/\B05 196) Item was pulled H. Contract Award to ROBINSON CONSTRUCTION, INC for Downtown Bremerton Library (#AB05-197) I. Agreement with QWEST to supply Local Telecommunications Service (#AB05-198) J. Resolution No. 2977 ::Idopting the Nation::lllncident M::In::lgement System (NIMS) for::lll incidents 'Nithin the City of Bromerton (#/\B05 199) Item moved to GENERAL BUSINESS as Item 5B K. Amendment to Bremerton Housing Authority Contract for Supplemental Police Services (#AB05-200) 5:36:00 M/S/C/U (McConnell/Robinson) Move to approve the Consent Agenda as presented. GENERAL BUSINESS 5A - PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC FOR BEACH SEWER REPLACEMENT PREDESIGN (#AB05-201): Michael Mecham, CityEngineer, summarized that the existing sewer main located on the beach below Washington Street is prone to failure and requires replacement. Several options for replacing the pipe have been identified. The preferred alternative would be to construct a new sewer main on the beach in conjunction with an elevated access structure that would connect the existing boardwalk with Evergreen Park. The second alternative would install individual grinder pumps for all the residences and businesses along Washington Street which pump to a new sewer main in Washington Street. Surface improvements are projects to be constructed on Washington Street ahead of the sewer main replacement project. This contract will evaluate sewer conveyance alternatives to ensure that future replacement of the beach main will not require disruption of the Washington Street surface improvements in the event that the preferred alternative is not implemented. Additionally, this contract will initiate discussions with regulatory agencies and submit funding applications for expansion of Evergreen Park. City Council Reg. Mtg. Minutes VVednesday,August31,2005 Page 2 of 2 There were no comments from the public. Mr. Shepherd, Mr. Short, and Mr. Gehrinq all offered their support for the replacement of the sewer main, and hoped that future projects including the possible boardwalk project would further downtown revitalization efforts. Mr. Nyqren added that the boardwalk concept is a potential project and that other options are being considered. 5:42:30 M/S/C/U (Short/McConnell) Move to approve the Professional Services Agreement with PARAMETRIX, INC. for Beach Sewer Replacement Pre-design; and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. 5B. RESOLUTION NO. 2977 ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR ALL INCIDENTS WITHIN THE CITY OF BREMERTON (#AB05-199): Fire Chief AI Duke stated that the Homeland Security Directive 5 has required the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) that provides a consistent nationwide approach. This resolution will adopt the National Incident Management System. He added that he would like to change language to include the City of Bremerton as part of the program. There were no comments from the public. 5:45:20 M/S/C/U (McConnell/Robinson) Move to approve Resolution No. 2977 that adopts the National Incident Management System for the City of Bremerton, as amended. With no further business, the meeting of the City Council was adjourned at 5:46 P.M. The Council remained seated for Item No. 1 of the STUDY SESSION then reconvened in Council Conference Room 603 for a STUDY SESSION to hear the remaining presentations on upcoming agenda items. PreRared and Submitted by: !L1;P:~ 'C" ~ CHRISTINE GRENIER Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: August 17, 2005 BILL # 05.... ~D<( AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C ........................................................................................ SUBJECT: Professional Services Agreement with Parametrix, Inc. for Environmental Assessments on the Charleston Beach Road segment of the SR 304 Project. Committee Meeting Date: August 31, 2005 COUNCIL MEETING Date: September 7,2005 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City requires project assistance to perform the project administration, community involvement, site investigation, remediation and redevelopment planning needed to meet the requirements of a $200,000 EP A Brownfields Assessment Grant for the Charleston Beach Road segment of the SR 304 Transportation Improvement Project. Retaining the services ofParametrix, Inc. will provide the expertise necessary to meet the Grant requirements. A Professional Services Agreement has been negotiated with Parametrix, Inc. for a total authorized amount not to exceed $186,000. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement with Parametrix, Inc. FISCAL IMPACTS (Include Budgeted Amount): These services are 100% reimbursable from a $200,000 US Environmental Protection Agency Grant. No local match is required for this contract. /~---) , A~ROV~S: / /' ! -,...-~'~ ~, DEP ARTMENT DIRECTOR~k.~ /-: CITY ATTORNEY: <: FINANCE DIRECTOR: MA YOR: f-/{ ?l.. .~ .~~......7/i.~ ~ /-',.", ~ C-~. c... ~...:,,:~;~,:~ -r~... ---..~ ~~t. ",. /.1.....;;,:: ,.~.... . L... . :;.'.._ ,_ '.,,,,,~ '*'.......'..."",e~~,,,, ,'J' / ~ ,/ ~,. I w/"-. - , RECOMMENDED MOTION: Move to approve the p;ofessional Services Agreement in an amount not to exceed $186,000 with Parametrix, Inc. for Environmental Assessments on the Charleston Beach Road segment of the SR 304 Project and authorize the Mayor to finalize and execute the necessary. contract documents for the agreement. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDAp ~.- . 4. .".... COUNCIL ACTION: D Approve D Deny 0 Table ab/Agenda Bills 200SIPSA Parametrix Environmental Assessment SR 304 Chas Bch Rd o Continue 0 No Action Council Summary ProCessional Services Agreement with Parametrix, Inc. Charleston Beach Road Brownfields Assessment Grant In July 2005 the City entered into an Interlocal Agreement with Kitsap County to meet the requirements ofa $200,000 grant awarded to the County from the United States Environmental Protection Agency (EP A) under the National Brownfields Economic Redevelopment Initiative. The City has agreed to provide the project administration, environmental assessment, community invo lvement, and cleanup redevelopment planning requirements for the properties located within the Charleston Beach Road segment of the SR 304 Transportation Improvement Project. The Public Works and Utilities Department does not have adequate staff and expertise available to accomplish the work under the cooperative agreement. The Department proposes entering into a Professional Services Agreement (PSA) with Parametrix, Inc. to provide the expertise necessary to meet the requirements of the Interlocal Agreement. Parametix was selected after a review of qualifications of consultants listed on the City's Professional Services Roster. Parametrix is uniquely qualified due to their extensive knowledge of the properties adjacent to Charleston Beach Road gained through previous environmental investigations for the SR 304 Project. In addition, Parametrix is currently contracted by Kitsap County to perform assessments for other Brownfields Grants within the county which will contribute to an economical and coordinated assessment of the properties. The agreement with Parametrix is for a maximum of$186,000. $14,000 is reserved from the $200,000 EPA Grant to provide for City costs associated with administration of the EP A Grant and the PSA with Parametrix. The Grant is 100% reimbursable from the EPA. City of Bremerton PSA with Parametrix Inc. Charleston Beach Road Brownfields Assessment Grant August 2005 PROFESSIONAL SERVICES AGREEMENT Charleston Beach Road Brownfields The City of Bremerton ("City") and Parametrix, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August, 2005, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VILG. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $186,000.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. BremertonlParametrix, Inc. Charleston Beach Road Brownfields Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HA VB MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. BremertonlParametrix, Inc. Charleston Beach Road Brownfields Page 2 of6 VI. Insurance: The Consultant 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 Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial 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 operationslbroad form property damage; explosion, collapse and underground (XCV) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/ claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. 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 City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant'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 insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City 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. BremertonlParametrix, Inc. Charleston Beach Road Brownfields Page 3 of6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. c. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. BremertonlParametrix, Inc. Charleston Beach Road BrownfieldsPage 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address: City of Bremerton P.W. & u. 3027 Olympus Drive Bremerton, W A 98310 Parametrix, Inc. 5700 Kitsap Way, Suite 202 Bremerton, W A 98312-2234 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure ofthe City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the BremertonlParametrix, Inc. Charleston Beach Road Brownfields Page 5 of6 other Party substantially fails to perform through no fault of the terminating Party, and the nOll- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc BremertonlParametrix, Inc. Charleston Beach Road Brownfields Page 6 of6 EXHIBIT A SCOPE OF WORK City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant INTRODUCTION The City of Bremerton has secured a Brownfields Assessment Grant from the United States Environmental Protection Agency (EP A) through Kitsap County for assessment and redevelopment planning along Charleston Beach Road with the objective to promote future environmental cleanup and provide viable commercial and industrial property in the project area. The grant originally identified 26 properties for potential assessment, under a separate project, the City has completed Phase I and Phase II investigations and is planning cleanup activities at some of these properties. The goal of this project is to identify potential soil and groundwater contaminants at sites along Charleston Beach Road, propose a preliminary cleanup plan, begin the process of removing underutilized industrial and commercial properties and replacing them with new development capable of supporting the Puget Sound Naval Shipyard and its future needs and folds the subject properties into a greater concept for the Bremerton area. Task 1 Project Administration Goal: To provide for the overview, direction, monitoring and reporting of task activities in a manner that allows for the delivery of the project in accordance with the negotiated scope, budget, and schedule. Approach: Specific work elements will include: · A combination of in-house review, routine client meetings, and monthly progress reports will be used to deliver elements of work described in this task. . Management of subcontractors. . Support for Brownfields Grant Administration. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . The City will administer the grant requirements for Kitsap County. . Parametrix will provide support for preparation of the following deliverables to EPA: )> Monthly reimbursement requests )> Quarterly Progress Reports City of Bremer ton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 255-1896-814 (01/04) August 2005 ~ Quarterly MBEIWBE Reports ~ Annual Financial Status Reports ~ Closeout Reporting including: Final Progress Report, Final Financial Status Report, Final MBEIWBE Report. Deliverables: Parametrix anticipates the following work products for this task: . Routine correspondence, schedule and budget updates, status reports on progress of work. Task 2 Task 2.1 Goal: Approach: . Draft reporting requirement documentation including monthly reimbursement requests, quarterly progr~ss and MBEIWBE reports, annual financial status reports and closeout progress, financial status and MBE/WBE reports. Site Investigations Summary of Previous Investigations To provide a summary of the investigations completed for properties along Charleston Beach Road as part of the Final Phase SR 304 impr()vements. This summary can be used to determine the best approach forward for investigation of remaining parcels and would be presented to the Brownfields Task Force to demonstrate the progress made at the site to date. Summarize information related to properties along Charleston Beach Road prepared for the Phase I and Phase II investigations under the Final Phase SR 304 Improvements project. Specific work elements will include: · Review existing documentation for Phase I and Phase II investigations prepared for the Final Phase SR 304 Improvements. · Prepare a brief summary report describing Phase I and Phase II work completed along Charleston Beach Road under the Final Phase SR 304 Improvements. Assumptions: None. Deliverables: Parametrix anticipates the following work products for this task: . Summary of Previous Investigations Report. Task 2.2 Goal: Approach: Develop EP A Quality Assurance Project Plan QAPP/Sampling and Analysis Plan Prepare a QAPP that adequately describes data quality objectives and meets EP A requirements. Specific work elements will include: · Prepare an EPA QAPP in accordance with EPA guidance QA-R5 and Region-to specific requirements. City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 2 255-1896-814 (01/04) August 2005 . Incorporate EPA comments into the draft QAPP. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . The QAPP will be provided to EP A for approval prior to any sampling activities. . One QAPP/SAP will be written for all Phase II investigations. Deliverables: Parametrix anticipates the following work products for this task: . Three (3) copies of the Draft QAPP/SAP. . Three (3) copies of the Final QAPP/SAP. Task 2.3 Goal: Approach: Site Investigations To assess soil and/or groundwater conditions at the site for indications of the presence of hazardous materials at properties identified for investigation through discussions with the Brownfields Task Force and review of the summary of previous investigations report. Identify sites for investigation based on feedback from the Brownfields Task Force and infonnation provided in the Summary of Previous Investigations Report. Prepare a Site Selection Memorandum describing the sites selected for investigation and the process used to select sites. The investigations will involve the collection of soil and/or groundwater samples for analysis to assess soil/groundwater condition and remedial options. Prepare draft and final Phase II Investigation Report summarizing the results of the investigation. Specific work elements will be detennined following the identification of sites for investigation. Assumptions: The scope and budget for this task will be detennined following the identification of sites for investigation. Deliverables: Parametrix anticipates the following work products for this task: . Site selection Task 3 Task 3.1 Goal: . Copies of all field notes, logs, etc. and analytical data summary reports. . One (1) copy of the draft technical report. . Five (5) copies of the final technical report. Remediation Planning Agency Negotiations Meet with the Kitsap County Health District (KCHD) and Ecology to negotiate cleanup requirements and approach. City of Bremerton Charleston Beach Road Site Brownjields Assessment Grant Scope of Work 3 255-1896-814 (01/04) August 2005 Approach: Parametrix will meet with agencies to review findings, discuss cleanup options and negotiate a cleanup approach. Specific work elements will include: . Meet with Ecology and KCHD to discuss current environmental status of properties and discuss cleanup requirements. . Meet with Ecology and KCHD to present and discuss possible approaches for remediation. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . The City will submit the Phase II hlVestigation Report to the EP A and Ecology. . Two (2) meetings will be held with KCHD and Ecology, all other communications will be handled by phone or written communication. DeJiyerables: Parametrix anticipates the following work products for this task: . Letter summarizing agency negotiations. Task 3.2 Goal: Approach: Remedial Action Plan Prepare a Remedial Action Plan that is acceptable to KCHD and Ecology. Specific work elements will include: . Based on agency negotiations, develop remedial approach options as needed. . Prepare a Remedial Action Plan. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . EP A, KCHD and Ecology will provide approval for the Remedial Action Plan. DeJiyerables: Parametrix anticipates the following work products for this task: . Cleanup Action Plan Task 4 Task 4.1 Goal: Approach: Community Involvement Community Relations Plan To communicate project goals, objectives and progress to the public about project, to provide for public access to appropriate project documentation and to allow for and respond to public comment regarding the project. Specific work elements will include: City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 4 255-1896-814 (01/04) August 2005 . Modify the existing Community Relations Plan developed for Kitsap County Brownfields projects. . Prepare Fact sheets. . Use existing City mailing lists for distribution. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . Public meetings are addressed under Task 4.2, Brownfields Task Force Meetings. . Up to four (4) fact sheets will be produced. . The City will submit relevant documents to the Administrative Record/Information Repositories to ensure availability for a minimum of 30-day review and comment period. . The City will submit notice of availability for relevant documents for a minimum of 30-day review and comment period. . The City will designate a spokesperson and establish an Administrative Record/Information Repository convenient to the project site. . The City will provide responses to public comments. Deliverables: Parametrix anticipates the following work products for this task: . Three (3) copies of the Site-specific Community Relations Plan. . 200 copies of up to four (4) Fact Sheets. Task 4.2 Goal: Approach: Brownfields Task Force Meetings Re-assemble the Brownfields Task Force to provide project updates and present project goals and methods, gather input and to communicate project results. Specific work elements will include: . Hold two (2) Brownfields Task Force meetings. . Members of the public will be invited to attend the Brownfields Task Force meetings, these will be considered public meetings. The opportunity for written or verbal comment will provided at each meeting and for a period of 15 days following each meeting. . Public comments will be considered and incorporated into project activities as appropriate. . Project draft documents will be released for a minimum of 30 days for public review and comment. City of Bremerton CharleslOn Beach Road Site Brownfields Assessment Grant Scope of Work 5 255-1896-814 (01/04) August 2005 Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . Two (2) meetings with the Brownfields Task Force will be held. . The City will publish public notices for Task Force meetings. Deliverables: Parametrix anticipates the following work products for this task: . Meeting notes. Task 5 Task 5.1 Goal: Approach: Redevelopment Planning Redevelopment Criteria and Evaluation System To establish a set of criteria to guide the creation of redevelopment options for the site. To establish an evaluation system to identify preferred redevelopment options. Meet with the Brownfields Task Force, the Navy, WSDOT, County and City staff to develop a set of criteria for redevelopment options and an evaluation system to identify preferred options. Specific work elements will include: . Initial meeting with Brownfields Task Force, the Navy, WSDOT, County and City staff, to develop draft redevelopment criteria. . Develop Draft Redevelopment Criteria Report based on comments from initial meeting. . Develop Final Redevelopment Criteria Report. . Final meeting with Brownfields Task Force, the Navy, WSDOT, County and City staff, to evaluate final redevelopment criteria and develop ranking system for redevelopment options. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: · Goals established in the Brownfields Grant application will be used in establishing criteria. These include developing commercial/industrial properties that will stimulate new job opportunities within the neighborhood, improving aesthetic qualities, generating new buildable lands, supporting the mission and workers at Puget Sound Naval Shipyard, and creating access points between the shipyard and Navy Yard City. . WSDOT, County and City staff will provide guidance related to development restrictions, zoning, and codes and other regulations applicable at the site. . Meetings with Brownfields Task Force are covered under Task 4.2, Brownfields Task Force Meetings. . One (1) meeting with the Navy, WSDOT, County and City staff. City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 6 255-1896-8/4 (01/04) August 2005 Deliverables: Parametrix anticipates the following work products for this task: . Ten (10) copies of the Draft Redevelopment Criteria Report . Ten (10) copies ofthe Final Redevelopment Criteria Report and Evaluation System. Task 5.2 Goal: Approach: Future Use of Property Develop several options for re-use or redevelopment of the project site based on criteria established under Task 5.1, identify preferred options based on the evaluation system. Specific work elements will include: . U sing the criteria developed under Task 5.1, develop a list of reuse/redevelopment possibilities. These may include a business park, light industrial, commercial retail, and office park or others as identified. . Develop up to three (3) re-use scenarios from the options list. . Prepare a report listing the re-use options and identifying results of evaluation. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . Criteria developed under Task 5.1 and Brownfields guidance materials will be used in developing options. Deliverables: Parametrix anticipates the following work products for this task: . Ten (10) copies of the Future Use of Property Report. Task 5.3 Goal: Approach: Redevelopment Options Develop options for redevelopment of the project site including a plan for acquiring future public and private funding for the redevelopment and engaging prospective investors. Specific work elements will include: . Meet with the Brownfields Task Force to consider options for public, private or public-private partnership redevelopment of the property. · Evaluate feasibility of options identified under Task 5.2 considering current road alignment, utilities, footprint, etc. . Identify and meet with prospective investors. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 7 255-1896-814 (01/04) August 2005 . Meetings with Brownfields Task Force are covered under Task 4.2, Brownfields Task Force Meetings. Deliver abies: Parametrix anticipates the following work products for this task: . Ten (10) copies of the Future Land Use Redevelopment Options Report Task 6.0 Management Reserve Goal: The purpose of this task is to provide additional budget to fund tasks as needed upon written direction from the City. This reserve will be used to fund Task 2.3 following selection of sites for investigation and may also be used to fund additional tasks as directed by the City. Approach: This funding is held in reserve to be used only upon written direction from the City. Assumptions: No charges will be made to this task without written approval from the City. Deliverables: No deliverables are anticipated as part of this task. City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 8 255-1896-814 (01104) August 2005 EXHIBIT B Schedule City of Bremerton Charleston Beach Road Site Brownfields Assessment Grant Scope of Work 255-1896-814 (01/04) August 2005 EXHIBIT C Budget Task 1 Project Administration............................................................................................. ....... $1 0,085 Task 2 Site Investigations................. ........................................ .................................................... $5,794 Task 3 Remediation Planning.... ....... ........ ........... ...... ........... ................ ....... ............ ........... ........ $18,094 Task 4 Community Involvement............... ..................... ....... ............... ............ ........... ............... $1 0,402 Task 5 Redevelopment Planning................................................................................................ $47,880 Task 6 Management Reserve......... .................................................... ......................................... $93,745 TOT AL ........................................................................................................ ................ $186,000 City of Bremerton Charleston Beach Road Site Brownfie/ds Assessment Grant Scope of Work 1 255-/896-814 (01104) August 2005 PARAMETRIX Form 01.PD.39/Rev. 05/05 City of Bremerton Charleston Beach Road Brownfields Assessment Grant LABOR j Categorie Multiplier is 3.1 Cost Rates Burdened Rates Program I Manager $53,50 $165,85 $29.00 $89.90 I PR I Graphics/ I AdminiWP/1 Specialist CADD Clerical $30,00 I $21.00 I $19.00 $93.00 $65.10 $58.90 Project I Manager $4(),00 $124.00 Senior I Engineer $39.00 $120.90 Senior Scientist $33.00 $102,30 Scientist II Labor Amount 1....~~~..........:;:~i~~;~~~;;:.~~I~~.....I.....=f....................~~I....................~.. ~l.................I........ 1...................1 42 --:~;--~~:;---~ t-n:li:I-'~ - 1__1 J --:1.... .~ I -2.3 Site Investigation I I I I I I I I I I I -3 REMEDIATION PLANNING I I I II I I I I I I. .......:~:i.............~;;~~~i~i~~ti~;................ .:.:..1............................... ~: '.'1.~1" ........sril-..... ...... ......211..........................-}....... .............. .......1.. 81........ ................61.......................+. --;,---~;;:~:~;,~~ 1- - J J I n_l_ - -1-- 3O~1-2,11 -4.2 Brownnekls Task Force Mtgs I 101 101 I 101 I 101 I 41 I I I I 40'1 I Phase-Task Description -5 REDEVELOPMENT PLANNING -5.1 Redevelopment Criteria and Evaluation System .~~n:..~..y.~.~f...~'?P.'a..~...... .. .......... .~:~~~:I~p.~.~!..~p~i~~....... ........ MANAGEMENT RESERVE ~~j..................::...:~.~:i...... 4 10 20 -5.2 -5.3 -6 .:.....".........1.. TOTAL I 1081 59\ 2411 101 Page 2 of 2 - LABOR 841 Project Delivery System 4 4 10,005.25 1..-...,...........1.....................1..................1....I........:;:~:::.. I I I II I I I II 1........................I........................t....................l...J-.......1~:~i~:~.K., 1...............1................1....................1...1......5:0'31:30... I I I II 5,087.10 I I I ........................ r \..........,................................1....................................I.....I.........l:~~~~:~.6... I ....... .......................... .......... .... '.'.93:000:0.0. "I' .............................................1..+........................... :==::::::::: ==== 1:::::=:::= I I " ==--$==t==1~- 1...............:............/....................1....1.........."....~...... I I II 183,834,65 file Name: Gl:lK Elrownlields l:ludgetxls Date Printed: 8/16/2005 201 ..~~. 1 ..,................. .......nM.......' 1 I ::~::.::j::.::.:::::::: '...'.......'..'...'.....................'1 -/.........................1:................1:..........:.."....-. I 61 1 ........._, ...............................,... ...,..... .......~..9................. 'M 54/ 1061 I:.:............;.~I.:::::::::.:::::.:.~~I..:::::::.:..:..'i.~I' .................................................................~................. .......F... / ---r-~~--~:=:=t---_._- .1..........._....1................1................1'..............:..1.....................1 I 4,557.00 PARAMETRIX Form 01.PD-39/Rev. 05/05 [ City of Bremerton Charleston Beach Road Brownfields Assessment Grant labor I Inflation I I I I I Subtotal Total Amount Adjustment Expenses Expense Mark-up Subconsultants Sub Mark-up ~il 80.0% Iii 15.0% I 10.0% Phase Task Description ORG 4,0% No. No. ... 1 I 1 I PROJECT ADMINISTRATION I I $10,0051 $801 1 I I 2 ISITE: INVESTIGATION I I I I I I I 2 1 1 Summary of Previous I I $1.9531 $161 $1001 $151 I . Investigations . 2,2 1 Develop EPA QAPP 1 1 $3,6241 $291 $501 $81 I 2,3 I Site Investigation I 1 I 1 1 I 1 3 IREMIiDIATlONPI...ANNING I 1 I I 1 I 1 3.1 1 Agency Negotiations I I $2.3781 $191 $201 I I $2,417 3.2 1 Remedial Action Plan I 1 $15,4851 $1241 $601 $91 I $15,677 4 ICO~I'JIUNITY:I~\lOLVEMENt... I 1 I 4.1 I Community Relations Plan I 1 $5.0311 $401 $1251 $191 I $5.215 4.2 IBrownflelds Task Force Mtgs I I $5.0871 $411 $511 $81 I $5,187 6 IREDEVeLOPMENTPf.,ANNING I I I I I I 1 51 IRedevelopmentcriteria and I 1 $4,5571 $361 $501 $81 I 1 $4,651 , Evalustion System 5,2 IFuture Use of Properly I 1 $14,2881 $1141 $601 $91 I 1 $14,471 5.3 IRedeve/opment Options I 1 $28,4271 $2271 $90 $141 I 1 $28,758 6 I MANAGEMENT RESERVE I I $93,0001 $744 1 I I $93.744 1 1 1 I 1 I 1 I 1 1 1 1 1 1 I I I I 1 1 1 I I I TOTAL I $183.8351 $1,4711 $6061 $881 I I. I $186.000 Project Manager - Date Division Manager - Date Principal - Date Project Delivery System Page 1 of 2 - SUMMARY File Name: CBR Brownfields Budget.xls Date Printed: 8/16/2005 10 Task Name Duration Start Finish Aug4~t Septe QOlobe Novem.OeOElm Januar. Fel:lr4 MaTch April May JunEl July . Augusl 1 Notice to Proceed 1 day? .... ...Mong/12/05 <..... ..,[>.yg .....S@P. Q9t . .N9Y...; ...Oli!9. ;Jl:lfl f'@P.< Ma.L. .. ..APL . . Mi:l,)I... .. .Jun .J\,II . ....AY9_ Mon 9/12/05 rf1 I I 2 Task 1 - Project Management 242 days? Mon 9/12/05 Tue 8/15/06 'r' 1,1 3 Task 2 - Site Investigations 164 days? Tue 9/13/05 Fri 4/28/06 ~ .... 4 Task 2< 1 Summary of Previous Investigations 14 days? Tue 9/13/05 Fri 9/30105 5 Task 2.2 QAPP/SAP 1 day? Mon 10/24/05 Mon 10/24/05 I 10 I ! iU -] I i I 6 Task 2.3 Site Investigations 104 days? Tue 12/6/05 Fri 4/28106 I II I ~-l II I 7 Task 3 - Remediation Planning 45 days? Wed 5110106 Tue 7/11/08 Iii t .... II i II 8 Task 3.1 Agency Negotiations 45 days? Wed 5/10/06 Tue 7/11/06 . i I I I II 9 Task 32 Remedial Action Plan 14 days? Tue 5/30/06 Fri 6/16106 I II I 1(--'-, ! II '------ I L._.: 10 Taks 4 - Community Involvement 106 days? Men 9/12/05 Men 2/8/08 t !1 .... 11 Task 4.1 Community Relations Plan 102 days? Man 9/12/05 Tue 1/31/06 I I , ~ 12 Task 4.2 Brownfields Task Force Meetings 77 days? Fri 10/21/05 Mon 2/6/06 I f I I I 13 Task 5 - Redeveloment Planning 175 days? Men 10124/06 Fri 8/23/08 I I I.... ... I I 14 Task 5.1 Redevelopment Criteria 30 days? Mon 10/24/05 Fri 12/2/05 I '-.! I 15 Task 5.2 Future Use of Property 30 days? Tue 12/6/05 Man 1/16/06 I I ~f I I i I I "" 16 Task 5<3 Redevelopment Options 114 days? Tue 1/17/06 Fri 6/23/06 I I I 17 Task 8 - Management Reserve 1 day? Tue 8/15/06 T LJe 8/15/06 I ~i Task Milestone . External Tasks Project: CBR Brownfields Schedule Date: Tue 8/16105 Split Progress Summary ...,.--.-----.... External Milestone Project Summary Deadline Page 1 DATE SUBMITTED: August 12,2005 AGENDA HILL Of" BREMERTON CITY COUNCIL BILL #Q.[::d1C 51> ~~~~mY~9~M~~a~mg~Umb~~~~g~~e~timH~~m~~~m~m~~~a6~~.~.~W~m~Eeg.~w.&.m.~..~eDg.~~~mm9~mg~~~~ I( eso ({..( In>" ;110. ;).. q 7 8 SUBJECT: Approval and authorization to adopt a resolution for the use of the General Contractor/Construction Manager Alternative Public Works Procedure pursuant to Chapter 39.10 RCW for the Bremerton Harborside Park/Bldg. 50 renovation/Memorial Plaza Project Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: August 31, 2005 September 7,2005 Economic Development_____ Gary Sexton, DirectQ~_____ 360-473-5282 SUMMARY: Due to the complexity and scope of the Bremerton Harborside ParklBldg 50 renovation/Memorial Plaza Pr~ject, the use of the General Contractor/Construction Manager Alternative Public Works Procedure wm serve the public interest by providing a substantial fiscal benefit and that use ofthe traditional method of awarding contracts in lump sum to the low responsive bidder would not be practical for meeting desired quality standards 01' delivery schedules for the project ATTACHMENTS: Proposed Resolution tV o. a 'j 18 }i'ISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: 4:P)'/~7:~ ~CONS~T_AG~DA i/ <';/"~: ~p-'"V-- { v~___~- RECOMMENDED MOTION: Move to pass Resolution No. _;;1 'i111___ authorizing use ofthe General Contractor/ Construction Manager Alternative Public Works procedure for the Bremerton J-Iarborside Park/ Bldg. 50 renovation/Memorial Plaza Project. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. d.~18 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving and authorizing the use of the General Contractor/Construction Manager Alternative Public Works Procedure pursuant to Chapter 39.10 RCW for the Bremerton Harborside ParklBldg 50 renovation/Memorial Plaza Project. WHEREAS, the City of Bremerton ("City"), pursuant to Engrossed Substitute House Bill 1830 approved by the Governor May 10,2005, and RCW 39.10 is authorized to use the Alternative Public Works Contracting Procedure for the Bremerton Harborside ParklBldg 50 renovation/Memorial Plaza Project ("The Project") having a project value over ten million dollars; and WHEREAS, the City through the Department of Economic Development, on June 30,2005 made a preliminary determination pursuant to RCW 39.10 to use the General Contractor/Construction Manager Alternate Public Works Procedure for The Project; and WHEREAS, on June 30, 2005, the City Director of Economic Development issued a statement of Reasons for Preliminary Determination for using Alternative Public Works Contracting Procedure for The Proj ect; and WHEREAS, pursuant to RCW 39.10.061, the City caused notice of its preliminary determination to use the General Contractor/Construction Manager Alternative Public Works Contracting Procedure on July 5, 2005 in the Kitsap Sun, a newspaper of general circulation with opportunity for public comment between July 13, 2005 and August 12,2005; and WHEREAS, the City received no adverse comments relating to the use of the Alternative Public Works Procedure during the public comment period; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Due to the complexity and scope of the Bremerton Harborside ParklBldg 50 renovation/Memorial Plaza Project, the use of the General Contractor/ Construction Manager Alternative Public Works Procedure will serve the public interest by providing a substantial fiscal benefit and that use of the traditional method of awarding contracts in lump sum to the low responsive bidder would not be practical for meeting desired quality standards or delivery schedules for the project. 1 Bremerton Harborside Park! Bldg. SO/Memorial Plaza Project SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe 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 ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\Economic Development\Harborside Park-Bldg 50.doc 2 Bremerton Harborside Park! Bldg. SO/Memorial Plaza Project DATE SUBMITTED: August 16, 2005 BILL # 05'" ~o" AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~A ........................................................................................ SUBJECT: Ordinance 4 q l.f(p adopting amendments to BMC Title 20 relating to zoning. (Public hearing item.) Committee Meeting Date: August 23,2005 c\''-'\.(.1 S~_3 D-O COUNCIL MEETING Date: September 7, 2005 Department: Comm Development Presenter: C. Hugo Phone: 473-5275 SUMMARY: The proposed ordinance enacts the fourth of five "packages" of new sections of the zoning code to implement the 2004 Comprehensive Plan. The proposed new BMC chapters include standards for Parking, Landscaping and Signs, and administratvie chapters for Text Amendments, Non-Conforming Uses and Types of Land Use Permits. Ten zoning classification chapters for downtown, residential, business, industrial, city utility lands and watershed areas are also included. The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. ATTACHMENTS: Proposed BMC Chapters 20.18, 20.48, 20.50, 20.52, 20.54, 20.58, 20.74, 20.75, 20.76,20.78,20.90,20.92,20.94,20.96,20.97,20.98 as recommended by the City Planning Commission. Staff Report. Planning Commission Workshop Summary. Planning Commission Public Hearing Minutes. FISCAL IMPACTS (Include Budgeted Amount): Failure to maintain GMA compliance may jeopardize eligibility for State grants and loanS, particularly Public Works Trust Fund loans. APPROVALS: DEPARTMENT DIRECTOR: ~_ CITY ATTORNEY: "- FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I , I ," A.';. , ,'" (,^" '..;.v"l.-~-'~l/ ..,' ' ,,__ ....-"" " l" . RECOMMENDED MOTION: Move to pass ordinanci# tf~!f(o adopting amendments to BMC Title 20 zoning code pertaining to parking, landscaping, signs and ten zoning district classifications. CONSENT AGENDA 0 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ATTACHMENT A 917/05 COUNCIL PACKAGE #4 HEARING DRIVEWAY PARKING REVISION 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all residential development: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway: A gravel surface driveway may be allowed for a single-family residence for that portion of the driveway that is more than 100 feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door. (c) Side Yard Setback: No parking shall be located within the side yard setback area of the zone unless the side lot line abuts an alley. When abutting an alley, the side yard setback parking provision is reduced to zero. (d) Rear Yard Setback: No parking shall be IQcated within the rear yard setback area ofthe zone unless the rear lot line abuts an alley. When abutting an alley, the rear yard setback parking provision is reduced to zero. (e) Front Yard Setback: No parking shall be located within the front yard setback area of the zoneji:i~!~~I~.~~ilil~~~I~~l~l~~~8.~~~ unless allowed otherwise by law. (f) Stall Dimensions: (1) Parking stalls for a single-family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) Parking facilities for two or more dwellings shall comply with the design standards prescribed in BMC 20.48.080. These design standards may be modified to allow stacked parking spaces for a residential structure containing up to four ( 4) dwellings provided the parking spaces comply with setbacks. (g) Driveways: A driveway maybe located within any setback area for a residential use provided the width is not more than twent 20) feet, and The area is not used (2) Access to a public or private street is provided in accordance with City street standards; and (3) The Director may approve exception to the maximum driveway width when necessary for compliance with Americans with Disabilities Act (ADA) standards. CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT ZONING CODE UPDATE STAFF REPORT. CITY COUNCIL STUDY SESSION. AUGUST 23.2005 REQUESTED ACTIONS: 1. Review Zoning Update Package #4 consisting of 16 new zone chapters to be part of a new title 20 within the Bremerton Municipal Code: 20.18 Text Amendments, 20.48 Parking Standards, 20.50 Landscape Standards, 20.52 Sign Standards, 20.54 Non-Conforming Uses, 20.58 Types of Land Use Permits, 20.74 Business Core Zone, 20.75 Downtown Core Zone, 20.76 Downtown Waterfront Zone, 20.78 Multiple Residential Zone, 20.90 Industrial Park Zone, 20.92 Employment Center Zone, 20.94 Industrial Zone, 20.96 City Utility Lands Zone, 20.97 Watershed Zone, and 20.98 Institutional Zone. REPORT DATE: August 17, 2005 WORKSHOP DATES: PACKAGE #4 was reviewed during two separate workshop sessions with the City of Bremerton Planning Commission, before their public hearing on the entire package. The first workshop was held during the regular meeting of the Planning Commission on Tuesday, July 19, 2005, at 345 6th Street, Bremerton, in the City Council Conference Room; the second workshop was held during a special meeting on Tuesday, August 2 in the Metro Cafe at Government Center, 345 6th Street. HEARING DATE: The City of Bremerton Planning Commission Public Hearing occurred on Tuesday, August 16, 2005 at 345 6th Street, Bremerton, Community Chambers, beginning at 5:30PM. The Council Hearing on Package #4 is currently scheduled for September 7, 2005. ApPLICANT OR PROPONENT: City of Bremerton CONTACT: Chris Hugo, Director, Department of Community Development Phone: 360-473-5275 BACKGROUND: Through extensive public participation, the Bremerton Planning Commission and City Council endorsed a new comprehensive plan (adopted by Ordinance #4917, Dec. 2004) which pursues new land use direction, including a new Land Use Map. Through a series of "zoning packages", the City is advancing the necessary Zoning amendments to accommodate the plan. This current "package" of chapters for "Zoning Package #4", follows approval of packages #1, #2, and #3. It will be followed with a comprehensive final review, with an implementing ordinance and new Zoning Map to enable a new Title 20 "Land Use", replacing portions of the current Title 21 "Zoning Code". LOCATION OF PROPOSAL: This proposal applies to land currently classified by corresponding land use designations in the City's adopted Comprehensive Plan. The Comprehensive Plan land use designations are identical in location, size, and name to the proposed new zones, with the following exceptions: . "Core Center Supporting Residential" designation being called the "City Core Residential" zone . Sites designated "Public Sector Redevelopment Sites" in the Comprehensive Plan are zoned either as Institutional or Low Density Residential (pending "Master Development" Zone status, achieved through a subarea planning process and approved plan) . The 3 Employment Centers sites in the Comprehensive Plan are implemented through various mechanisms, including standing development agreements with large land owners, such as Port Blakely Communities. Both the Port Blakely and Northwest Corporate Campus Employment Centers are proposed for residential zoning, simply as a default, if the superceding development agreements were to be abandoned. In the case of the Harrison Employment Center, the existing "Health Care Campus" zoning district is represented by the proposed Institutional Zone. Areas surrounding these hospital uses are to be empowered by the mix- use provisions found in the proposed Employment Center zone. . "Downtown Regional Center" designation is supported by various zones - both existing (Business Core, Downtown Core, and Downtown Waterfront) and proposed (Neighborhood Business, Limited Commercial, Commercial Corridor, Low Density Residential, and Multiple Residential). SCHEDULE: The tentative Zoning Update schedule is as follows: 0' Package #1 (Chapters 20.40 - 46, R-10, WRCC, CC): Adopted 3/30/05 0' Package #2 (DCC, NCC): Adopted 5/4/05 0' Package #3 (CCR, MO, NB, LC, FC, MI) : Recommended for Adoption 7/19/05 City Council Hearing 8/3/05 v'" Package #4 (Text Amendments, Parking, Landscaping, Signs, Non-Conforming Uses, Types of Land Use Permits, BC,DC, OW, MR, IP, I, CUL, WS, EC, Be, & INST Zones) - Workshops 7/19/05 & 8/2/05, Commission Hearing 8/16/05 City Council Study 8/24/05 (& 8/30/05 if needed) City Council Hearing 9/7/05 o Comprehensive Code Review/lmplementing Zoning Map - Planning Commission Workshop 9/6 & Hearing 9/20 - City Council Workshop & Hearing TBD, late Sept. / Oct. 2 ZONING UPDATE PACKAGE #4, SUMMARY All Package #4 Chapters are consistent with the Comprehensive Plan. The following report provides a brief summary of individual chapters and bulleted statements regarding items discussed on the record by the Planning Commission. Please refer to the attached workshop minutes and summary notes from 7/19/05 and 8/2/05 for a review of pertinent issues. 20.18 Text Amendments Summary: This chapter addresses the standards, procedures and other provisions pertaining to changing development regulations when found consistent with the Comprehensive Plan, as warranted. No substantial departures from the existing Title 21 Code are included. · Notice Requirements: The chapter sets a protocol of early notice requirements beyond state requirements for public hearings, with a focus on public participation during the Planning Commission process. 20.48 Parking Standards Summary: This chapter works in conjunction with individual zoning chapters to set standards for the amount and location and design standards for required off-street parking. It simplifies administration by not relying on existing parking overlays or parking lot classification system. It also separates out the residential parking requirements for user-friendliness. · Rear Yard Parking: Based on Planning Commission input, parking within the 15' rear yard setback is not appropriate. · Required Parking Ratios: Parking ratios for shopping center complexes and retail uses were examined. The same ratio of 1 space per 250 square feet is proposed, though the calculation is slightly different. · Paved Surfaces The Commission examined the requirements for paved surfaces, including a provision to allow partial use of gravel driveways (on deep residential lots). The Definitions section is to allow durable surfaces that are permeable and can help towards reducing stormwater run-off. 3 20.50 Landscapinq Standards Summary: This chapter works in conjunction with individual zoning chapters to set standards for the location and design of required landscaping. Existing provisions for landscaping (front yards, screening between uses, parking lots) are expanded to include landscaping for areas adjacent to existing or planned public trails and open spaces. Irrigation requirements are more stringent in order to better ensure landscaping areas. · Proposed "Approved Planting List". This new list of approved plant species with recommended locations (Le. wetlands, upland areas) was removed from the draft chapter and made a reference. Landscaped plans will still be checked against it but it will be easier to have this as an evolving list and not codified. · Undeveloped Areas: The Commission reviewed provisions that development not leave undeveloped areas as barren earth and prohibitted noxious weeds and invasive plant species there. 20.52 Siqn Standards Summary: This chapter works in conjunction with individual zoning chapters to set standards for the allowable sizes, locations and design standards for signage. · Pole Signs: Pole signs defined and prohibited, except in Freeway Corridor and Industrial zones. · Product Signs: Product signs defined and prohibited. · Signs Not Subject to Setbacks: Clarified that signs are not subject to building or parking setbacks. · Temporary Signs: Temporary sign requirements modified to clarify and make more enforceable. Political signs exempted from temporary signs to meet legal requirements. · Auto Dealership Sign Regulations: Special requirements for Auto Dealership Complex signs retained and assigned a section of the Code. · Special Purpose Signs: Section clarified, and given additional provisions to protect the character of low density residential areas. · Downtown & Center Sign Regulations: Section added, with slightly more attention to visual character of signs than base Commercial Sign Regulations. Section may be refined during future work or with subarea planning. · Sandwich Board & Porlable Signs: Section revised to allow greater control over proliferation of non-sandwich board of portable signs. · Size of Freestanding Signs: The Commission examined the 100 foot square foot maximum on freestanding signs. There was a focus on Freeway Corridor area and if this limit was warranted. 4 20.74 Business Core Zone (BC) Summary: The existing zone is retained with a focus on better relating it to the users and general design standards already adopted for Downtown Core and Downtown Waterfront zones. Single use (residential or commercial) use is allowed while more services are allowed, to support the more limiting mixed use Downtown Core zones. Surface parking and auto oriented uses are discouraged while existing buildings remain exempt from parking requirements . Development Standards: Maximum density 40 units/acre. Maximum front yard setback of 10'. A two-tiered height limit, allowing taller structures east of Park St. . Design Considerations: Some, but not all elements of DW and DC design and landscape standards applied, with a focus on the pedestrian experience . Building heights will be further examined as part of a future Downtown Regional Center plan. 20.75 Downtown Core Zone (DC) & 20.76 Downtown Waterfront Zone (DW) Summary: The Downtown District zones have been separated into separate chapters. The development and design standards are not changed, except for clarity. Specific sign regulations, lacking in the existing code, are better addressed, including limiting free-standing signs to a "monument" style, whereby the sign is low to the ground and part of a structure, not a poles. 20.78 Multiple Residential Zone (MR) Summary: This zone allows for high density residential development within the Downtown Regional Center. It allows for attached housing units, both single family and multifamily projects. . Development Standards: Retains the existing maximum residential density of 44 units an acre. Until the time of a more detailed Downtown Regional Center plan, the height is limited to 50 feet and mixing of uses is prohibited. . Design Considerations: The Commission discussed concerns over 1 st floor garages within 3- 4 story structures allowed in this zone. Screening of structured parking will be looked at further while the height was adjusted to 50' to enable various roof designs (not just flat roves) for a 4 story structure. 20.90 Industrial Park Zone (IP) Summary: This chapter provides an environment for and conducive to a broad range of light industrial, office, and large retail uses. Heavy industrial uses are restricted through a Conditional Use Permit process. . Development/Design Standards: Front side and rear setbacks increase to 20' where abutting a residential zone. Maximum building height is 50' with additional upper level setbacks near residential zones. Increased standards for screening and landscaping of parking areas beyond base standards. 5 20.92 Employment Center (EC) Summary: This zone is starting point for a larger effort to integrate employment, housing, and commercial uses, allowing a mix of uses. It works towards a well planned and designed environment, possibly through more future subarea planning. · Development/Design Standards: Minimum density of 15 units I acre to ensure development at densities befitting of an urban center. Side and rear yard setbacks increase to 20' where abutting a residential zone. Maximum heights of 80' and 60' for residential and commercial uses respectively, with additional upper level setbacks required where adjacent to residential zones. · Development Incentives: Bonuses granted for multiple stories, mixed uses, and structured parking. · Design Requirements: Maximum heights of 80' and 60' for residential and commercial uses respectively, with additional upper level setbacks required where adjacent to residential zones. · Areas designated EC may be rezoned at a future time to Master Development (MD) to achieve unique subarea plans. 20.94 Industrial Zone (I) Summary: This zone accommodates heavy industrial uses in locations where there is limited interaction with residential uses. It has an extensive list of uses, excluding residential use. · Development Standards :Setbacks increase to 20' where abutting residential zones. Maximum building height of 50' with additional upper level setbacks near residential. More stringent screening requirements near residential zones. · Light/Glare/Noise Impacts: Commission raised concerns relating the impact of outright permitted heavy industrial uses, particularly possible light pollution. Mitigation efforts can be looked upon, across the proposed code. 20.96 City Utility Lands Zone (CUL) Summary: To preserve resource-related functions of land, and to protect watershed and timberlands. Some low impact activities, and environmentally sensitive residential uses allowed in limited locations by conditional use only. Development standards are not included for public utilities, forest management practices etc. Such uses are not expected to entail any substantial building developments that would require setbacks or height limits · Development/Design Standards: Development standards for residential uses are included as criteria for the conditional use. Standards stress sustainable development, only in areas that will not interfere with public works functions, and areas adjacent to existing recreation (golf course) or residential uses. 6 20.97 Watershed Zone (WS) Summary: To protect the Bremerton water supply by controlling activities and maintaining high water quality at the source. Public utilities functions, forest management practices etc. are the only uses allowed. . Development/Design Standards: Development standards call for minimization of impervious surfaces, and sustainable development techniques. 20.98 Institutional Zone (INST) Summary: To provide for continued operation and facilitate managed growth of existing major institutions within the City, namely Olympic College Campus, Harrison Hospital, and the Health District. Permitted uses should accommodate the full range of activities and uses engaged in by both major Institutions. Hospital, higher education and a range of uses that may be accessory to these uses are listed as allowable. . Development/Design Standards: Front (10'), Side and Rear (20') setbacks required where abutting lot lines of other zones. Maximum height is 80' except additional upper level setbacks are required where abutting other zones. Attachments . Summary of 8/2/05 Continued Workshop on Package #4 . 7/19/05 Workshop on Package #4, Minutes from regular meeting . Proposed Zoning Chapters (ordinance-ready, post Planning Commission hearing format) 7 ~~=~==-~~~~~"",=:-~~-=--~~:::=;z-,,;;~,:-;;,':v-=-~~~--::;:=::=^'~= MEMORANDUM CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOPMENT '~N~~_~~"'_^~'_~'_'~_'~~~_'~'~^"~'____~'_'_~N~___~~'~~,~, m~~__~~'~~~~__~_',~_~~~,~_~~,,~~_.,_,~,~"~,~,~ TO: FROM: SUBJECT: COUNCILMEMBERS: ARENDS, GEHRING, MAUPIN, MCCONNELL, NYGREN, PRIEST, ROBINSON, SHEPHERD, SHORT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF SUMMARIES OF PLANNING COMMISSION WORKSHOPS ON ZONING PACKAGE #4 8/17/2005 DATE: Attached are summaries of the Planning Commission's two workshops on Zoning Package #4, the first of which was held on July, 19th, and the second of which was held on August 2nd. July 19th Workshop Summary: Approved minutes from this regular Planning Commission meeting are attached. Please note that the portion relevant to Zoning Package #4 begins at Section VII, at the bottom of page 6. August 2nd Workshop Summary: Staff-prepared meeting minutes are attached from this special workshop specifically on Zoning Package #4. Minutes for Planning Commission Regular Meeting July 19,2005 I. Call to Order The meeting was called to order by Commissioner Streissguth at 5:30 p.m. II. Roll Call Those present were: Commissioner Cockburn, Commissioner Friedberg-Nerf, Commissioner Hoell, Commissioner Kennedy, Commissioner Kosusko, Commissioner Nelson, and Commissioner Streissguth. Quorum certified. III. Approval of AgencJa Commissioner Streissguth introduced the agenda. She suggested a change be made to the agenda to have the Business portion of the meeting moved ahead of the Workshop. A motion was made by Commissioner Friedberg-Nerf and seconded by Commissioner Nelson to approve the agenda as amended. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; Nelson: Yes; and Streissguth: Yes. The motion carried. IV. Approval of Minutes The minutes of the Regular Meeting held on June 21, 2005 were presented for approval by Commissioner Streissguth. A motion was made by Commissioner Nelson and seconded by Commissioner Friedberg-Nerf to approve the Regular Meeting Minutes of June 21, 2005, as presented. Called for a vote: Cockburn: Abstain; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Abstain; Nelson: Yes; and Streissguth: Abstain. The motion carried. V. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Commissioner Streissguth asked if there were any comments from citizens. Seeing none, she closed this portion of the meeting. B. Public Hearin2: 1. Text Amendment to 21.02.670 of the BMC: Chris Hugo, Director of Community Development, gave the Staff Report on the proposed amendment to the text of 21.02.670, Required Off-Street Parking Spaces. It is proposed to add a fourth exemption from off-street parking for the Neighborhood Business zone(s) that lie within Planning Commission Meeting July 19, 2005 Page 10f7 a Neighborhood Center Core to provide some relief for existing buildings with a new occupancy. The proposal reads: "Any remodel, expansion, alteration or change in use or tenancy of an existing building on a site zoned Neighborhood Business within a Neighborhood Center designated in the Comprehensive Plan, is exempt from the first ten parking spaces otherwise required in Figure 670(b), provided: i. For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses; ii. When a use is non-conforming as to the nUI1;1ber of off-street parking spaces, it shall not reduce the number of existing spaces. There was brief discussion clarifying the use of numbered figures. Commissioner Kosusko asked if this amendment could be applied to other zones in addition to the NB zone. Chris explained that the concept of this proposal should carry forward into Title 20, and will be seen in the generic parking standards in zoning package #4. Commissioner Streissguth opened public comment on this item. Heidi and Lo Yoximer (2720 15th Street, Bremerton, Washington 98312): "This amendment to the parking is really important to us. We've been working really hard on the building located on the comer of 15th and Wycoff. It's zoned for commercial, it's zoned for a cafe, and it's also in a Neighborhood Center. So this has been kind of one of those things that has been kind of holding us from getting to actually open. We're to the point where we can put the restaurant equipment in and all the neighbors are excited and they're telling us to stop fixing up the building because they're hungry. And so this is just really important. We'd like to be open by October and so with the way it's written, any help would be appreciated. Thanks." Commissioner Streissguth asked for additional public comments. Seeing none, she closed this portion of the Public Hearing. Commissioner Streissguth asked the commissioners if they had any comments or questions regarding this item. Seeing none, she asked for the amendment to be put to a vote. A motion was made by Commissioner Kosusko and seconded by Commissioner Kennedy to move forward to the City Council the ordinance to amend 21.02.670 of the Bremerton Municipal Code to include a fourth exemption for parking to read: (4) "Any remodel, expansion, alteration or change in use or tenancy of an existing building on a site zoned Neighborhood Business within a Neighborhood Center designated in the Comprehensive Plan, is exempt from the first ten parking spaces otherwise required in Figure 670(b), provided: i. For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses; ii. When a use is non-conforming as to the number of off-street parking spaces, it shall not reduce the number of existing spaces. Called for a vote: Cockburn: Yes; Friedberg-Neff: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; Nelson: Yes; and Streissguth: Yes. The motion carried. Planning Commission Meeting July 19,2005 Page 20f7 2. Amendment to Figure 130 and Figure 140, Appendix to the BMC. Chris Hugo gave the Staff Report on the proposed amendment to Figures 130 and 140, Appendix to the BMC. Currently in the MR zone (High-Density Residential), zero lot- line, attached single-family development is not allowed unless it is within a PUD. Chris gave a brief explanation of current site setbacks. The proposed change would allow outright in the MR zone zero lot-lines without a PUD as well as gaining land efficiency by changing the side yard setback requirements. Minimum lot sizes for each zone would stay with the current standards; the minimum lot size in the MR zone is 5,000 square feet. Commissioner Streissguth opened public comment on this item. Seeing none, she closed this portion of the meeting. She then asked for additional comments or questions from the commissioners. Again, there were none. A motion was made by Commissioner Kennedy and seconded by Commissioner Hoell to recommend to City Council for approval the amendments to Figure 130 and Figure 140, Title 21 Appendix of the Bremerton Municipal Code relating required setbacks and allowed uses for zero lot-line single-unit attached dwellings in an MR zone. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; Nelson: Yes; and Streissguth: Yes. The motion carried. 3. Zoning Package #3 proposing six new zoning chapters: City Core Residential (20.78), Master Development (20.80), Neighborhood Business (20.82), Limited Commercial (20.84), Freeway Corridor (20.866), and Marine Industrial (20.88). Matthew Keough, Growth Planner, presented the Staff Report on this item. It was decided to cover all chapters before opening the forum to public discussion, but have questions from commissioners at the end of each chapter presented. City Core Residential is a zone that is recognized for its geography among the downtown core centers: the Downtown Regional Center, the Manette Neighborhood Center, and the Harrison Employment Center. This zoning allows for higher residential density, including multi-family units. Generally, the residential zoning for CCR is R-10, but a bonus of attached multi-family units of up to 20 units per acre in developments of ten acres or more can be applied by integrating sites with the trail systems connecting the three downtown core centers. Commissioner Kosusko had concerns over the size of the development required for the bonus. Chris explained that this requirement was consistent with the Comprehensive Plan for larger redevelopment sites Master Development Zone is a mechanism to advance sub-area planning in specific areas of the city designated in the Comprehensive Plan: East Park, West Park, the Health District area off of Austin Drive, the Harrison Employment Center, the Northwest Corporate Campus Employment Center, and the Port Blakely Employment Center. This zone would not show on the zoning map, but rather allows for sub-area planning where development standards are written which then becomes the text of a rezone. This will involve legislative roles rather than quasi-judicial roles. Chris explained that this works as a zoning "placeholder" for future development in areas that, through the Comprehensive Plan, currently have generic development standards. As those sites become developed, new standards will be written and adopted into the zoning map Planning Commission Meeting July 19,2005 Page 3 of 7 through the amendment process. Robert Grumbach, Current Planner, provided development guidelines, the most important being consistency with the Comprehensive Plan's community character goals and policies. Also covered were open space, nearby neighborhoods, streetscapes, parking and landscaping requirements, and signage. Commissioner Kennedy asked what the length of time would be from when the developer first meets to issuance of permits. She wondered why a developer wouldn't just apply for a Planned Unit Development (PUD) instead of going through this lengthy process. Chris explained that there are no standards in place for those particular areas and this is an opportunity for the developer to be an active participant in creation of the land use plan. Robert explained that, depending on the applicant's design, the sub-area planning process could take two or three months; it would then have to go to the Hearing Examiner for approval. A PUD would not necessarily work for these specific areas because of a lack of established parameters. Commissioner Cockburn expressed concerns for properties in the Harrison Employment Center that are being developed that might be held up in the development process by sub-area planning. Robert explained that the Master Development is a mechanism for larger scale development and the smaller projects can continue as they have in the past. Commissioner Cockburn asked if East Park would deviate from the R -10 [ density]. Chris spoke about the potential of East Park to be more than what background zoning could achieve. He expects the density in East Park to be 12 - 14 dwelling units per acre, prpviding the developer can come up with a plan that is beneficial to the surrounding community. Also, because of the multiple ownerships that occur in the Harrison Employment Center, if there is an existing developer agreement the developer has the option of using either the Master Development process or the continuing the project under the guidelines of the development agreement. Neighborhood Business Zone designation is designed for the few neighborhoods in the city that lack walkable access to the Comprehensive Plan's Centers. Matthew used the area around 6th Street and Veneta as an example of this. The businesses would be limited to small parcels and buildings under 10,000 gross square feet with the intent of serving the immediate neighborhood area. Development standards put the buildings forward toward street with parking generally in the rear. Signs will be monument and not exceeding six feet in height. Commissioner Kosusko noted that under Conditional Uses, no live entertainment is allowed. Cafe Destino is located in a Neighborhood Business zone and has live music as well as outdoor movies. Chris commented that that is something to be taken into consideration while working on this draft. There was discussion regarding landscaping requirements, specifically the wall between the business and a residential area. Chris explained the need of buffering between the two uses, adding that other cities use this type of screening. Limited Commercial Zone is intended to recognize the community's existing general commercial districts outside the designated boundaries of Centers on lots zoned General Business (GB) in the City or an equivalent designation in the County and to encourage redevelopment. Development standards include a maximum building height of 50 feet and a maximum building size of 15,000 gross square feet. Areas around Perry Avenue and in Navy Yard City would fit the intent of this zoning. Planning Commission Meeting July 19, 2005 Page 4 of7 Freeway Corridor Zone is designed to identify areas around the freeway such as Auto Center Boulevard which currently have an intense commercial use. A wide variety of uses are allowed in this zone; prohibited uses include junk yards, residential, motion picture theaters, and any use with a significant adverse impact on less intense uses in neighboring residential zones. Commissioner Friedberg-Nerf questioned the difference between industrial and heavy industrial. Matthew referred her to the definitions of uses. Commissioner Kosusko asked why, if residential uses were prohibited, were Class II group homes were allowed. Robert explained that Class II residential homes are not really residential; they are facilities where inhabitants are not allowed to leave the premises unsupervised such as a half-way house. These types of facilities are usually not welcomed in designated residential zones. Commissioner Cockburn asked about the intention of buffering, specifically businesses that display their inventory on the freeway side of their lot. His concern was that if the business was required to screen their wares, there would be a decrease in their revenues. Commissioner Kennedy suggested including an exemption for freeway views. Marine Industrial Zone is intended to provide for areas of marine-related light industrial uses within a waterfront-oriented complex. It allows industrial uses as well as accessory retail such as small restaurants and boat sales. The provisions have been written in order to capture shoreline use and access as well as to encourage industrial use. Commissioner Streissguth opened public comment on all six zones presented. Seeing none, she closed this portion of the meeting. She then asked for discussion from the commiSSIOners. Commissioner Friedberg-Nerf asked if the Public Sector Redevelopment discussed at the June 21, 2005 workshop was the same as the Master Development Zone. Robert explained that the Public Sector Redevelopment site is a Comprehensive Plan designation and not a zone. Commissioner Streissguth returned to the Neighborhood Business zone, specifically the prohibition of live entertainment. The use of Cafe Destino's property for an outdoor farmer's market was also spoken of. After much discussion, it was unanimously decided to strike sub-item 2 of S20.82.040, Conditional Uses, and to reduce the size of general retail and personal services from 10,000 gross square feet to 5,000 gross square feet in both 20.82.020, Outright Permitted Uses and 20.82.060, Development Standards. In Landscaping Requirements, it was decided to amend S20.82.090(a)(1) to read: "A solid, view-obscuring wall or fence at least 6 feet in height;" and that change would be consistent throughout all chapters. The discussion moved to Freeway Corridor. Chris pointed out in Landscaping Requirements (920.86.090), buffering is required except for areas used for display of vehicles or products for sale or lease. After much discussion, it was decided to not make any changes to this section. Planning Commission Meeting July 19, 2005 Page 5 of7 A motion was made by Commissioner Kennedy and seconded by Commissioner Nelson to move forward to City Council for approval Zoning Package #3 with the following amendments: 1. Reduce the size of general retail and personal services from 10,000 gross square feet to 5,000 gross square feet in both 20.82.020, Outright Permitted Uses and 20.82.060, Development Standards; 2. Strike sub-item 2 of ~20.82.040, Conditional Uses; 3. Amend ~20.82.090(a)(1) to read: "A solid, view-obscuring wall or fence at least 6 feet in height;" and that change would be cQnsistent throughout all zoning chapters. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; Nelson: Yes; and Streissguth: Yes. The motion carried. VI. Business Meeting A. Chairman's Report: Commissioner Streissguth thanks Commissioner Kennedy for chairing last month's meeting in her absence. She also thanked staff for the hard work they've put into preparing for the workshops. B. Director's Report: Chris Hugo reported applications for the Planning Manager position have been coming in; a color brochure had been distributed to encourage additional applicants. To date, five applicants had been selected to be interviewed by a panel of City directors, as well as the City Planning staff. It is hoped that a replacement for Paul Rogerson will be selected by August. C. Old Business: None. D. New Business: Matthew Keough sp~ke of the East Park community meetings, the next which will be on Tuesday, July 26, 2005 at the Manette Senior Center. Matthew asked for Commissioners to attend the meetings as representatives of the commISSIOn. Matthew asked for discussion of additional meetings of the Planning Commission to stay on schedule for all zoning packages to be presented to City Council for approval by October, 2005. VII. Continuation of Public Meeting C. Workshop: Matthew Keough, Robert Grumbach, and Geoffrey Wentlandt, City Planners, presented Zoning Package #4 which had been mailed to the Commissioners prior to the meeting. Zoning chapters to be covered were: 20.74 Business Core (BC), 20.75, Downtown Core (DC), 20.76 Downtown Waterfront (DW), 20.90, Industrial Park (IP), 20.92, Employment Center (EC), 20.94, Industrial (I), 20.96, City Utility Lands (CUL), 20.97, Watershed (WS), 20.98, Institutional (INST), and, time permitting, 20.79, Mixed-Use Residential (MR). Geoff started with a description of the three downtown areas. Robert then gave an overview of the Downtown Core, focusing on parking requirements for new development; existing buildings can have parking exemptions under certain conditions. Surface parking lots would no longer be Planning Commission Meeting July 19,2005 Page 60f7 allowed, but parking structures would. Building heights were shown by area on a figure provided. Commissioner Kosusko suggested making a change to the Design Standards to designate a height instead of floor level for a change in fa<;:ade in the DC, DW, and BC zones Design Standards. There was discussion on the definition of a drive-through. It was determined that the definition of drive-through is if that was the business's primary source of service. Robert suggested providing clarity of the term throughout the chapters. Geoff moved on to Industrial Park (IP), reading the description of the intent of the zone. He focused on the changes in Development Standards to better buffer residential areas. Commissioner Hoell asked if the 8-foot view-obscuring wall in Design Standards was directly related to the larger sized buildings in the IP zone. Geoff explained that there would be more intense uses as well as increased outdoor storage in the IP zone than other zones. The next chapter reviewed was Employment Center (EC). Currently, the area around Harrison Hospital is the only area designated for EC. The zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the Center. Commissioner Cockburn asked why drive-through lanes were prohibited. It was explained that this guidelines falls within the Comprehensive Plan's definition of a Center with walkable services. Building heights for non-residential buildings were set lower than residential so the view would not be obscured. There was also discussion on parking requirements as well as the availability of grocery stores. Geoff continued with Industrial (1), City Utility Lands (CUL), Watershed (WS), and Institutional (INST) zones. He reviewed each chapter and referred the Commissioners to the proposed zoning map to show where the areas are located. There was discussion of creating senior communities in the CUL near the golf course. There was also discussion of why the boundaries of the EC and the Institutional zones around Harrison Hospital looked the way they did. This was explained by Matthew and Geoff that those boundaries are taken from the current zoning boundaries and is a good example of the need for sub-area planning in that part of the City. It was decided to continue the workshop at a Special Meeting in two weeks. VIII. Adjournment Meeting was adjourned at 8:54p.m. The next Special Meeting is scheduled for August 2,2005. Respectfully submitted by: Approved by: Linda Streissguth, Chair Planning Commission Meeting July 19, 2005 Page 70f7 MEMORANDUM CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: SUBJECT: DATE: PLANNING COMMISSIONERS: KOSUSKO, NELSON, HOELL PLANNING COMMISSIONERS IN ATTENDANCE 8/2/05: COCKBURN, STREISSGUTH, FRIEDBURG-NERF, KENNEDY DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF SUMMARY 8/2/05 PLANNING COMMISSION WORKSHOP 8/17/2005 TO: CC: The following summarizes the Commission's discussion during the 8/2/05 special workshop on Zoning Code Update Package #4. This was the second of two workshops held on Package #4. The summary is organized according to Zoning Code Chapters. Chapter 20.58 Tvpes orLand Use Permits Robert Grumbach explained that the more significant changes in this area include: ~ "Special Use Permits" is to be replaced by "Conditional Use Permits". ~ This chapter is applied in conjunction with the Chapter 20/02 Project Permits. ~ Section 20.58.050 provides procedures for area-wide rezones, pursuant to state law. ~ Section 20.58.060 presents "residential cluster option" which replaces the Planned Unit Development (PUD) code. The intention is to provide a simple process, less cumbersome than a PUD. For example, this option allows greater flexibility in accounting for open space. This option would still have allowed density based on the underlying zone but would allow various minimum and maximum lot sizes. The Residential Cluster Option would involve a process similar to a Conditional Use Permit. ~ This Chapter introduces a new "Site Development Permit" that would provide greater flexibility in the site plan review process, and provide more predictability to the development community. This permit would be required under the circumstances that trigger a SEP A review and Engineering reviews. It would give the applicant an additional option for providing site development information after the general site plan review, but before building permits. This would counter the current problem of many projects only reaching a high level of detail on site infrastructure requirements at the time of building permit. Too often, the "As-Built plans" are re-opening the review and City expectations of a project. Staff explained the standing goal of consolidating permits, such as grading and building permits. The fee schedule would reflect this by offering savings for consolidation. . Commissioner Streissguth asked if this permit was truly necessary. The site plan review and the SEP A process should resolve most issues, i.e. what standards will be required. She asked ifthose processes weren't working and if they should be evaluated, instead ofa new permit. Staff explained that many projects come to staff as concepts, with limited Summary 8/2/05 Planning Commission Workshop investment from the applicant. This permit would require more information before the building permit stage, so as to avoid surprises and frustration during what should be a procedural permit process. . Commisssioner Kennedy reiterated the current problem in saying that the applicants report learning "new" requirements just after submitting their final plans. She understands too that applicants want to bring forward their proposals in stages, from exploratory meetings with staff (pre-submittal meeting) and, later, engineered building plans. She appreciated that this proposal would allow for conceptual discussions with staff but require additional information for a project to advance, before a review of the final building permits. . Discussion followed regarding procedures and the goal of better coordinating City reviews. Staff acknowledged that reviews should be done in a timely fashion and detailed in advance of exact plans. Chapter 20.18 Text Amendments Robert Grumbach explained that this chapter was mostly procedural, explaining the steps involved with amending Zoning text. Tied to State Law, he suggested there was little legislative substance to review. ~ He brought Notice Requirements, 20.18.020(c) to the Commission's attention. He explained that the City of Bremerton, officially enabled by State Law and it Charter as a "I st Class City", generally has no time requirements for public notice of public hearings, such as those involved for a text amendment. Currently, however, staff struggles to meet the highest level of notice for all public hearings, even when they are scheduled concurrently before the Planning Commission, Council committees, and the full Council. This would adopt a protocol for 10 or more days prior notice Planning Commission hearings and 5 days for Council hearings. Director Hugo explained that the City will continue to provide good public notice of items, especially development related materials coming before the Planning Commission, regardless of state requirements. If the notice protocols are relaxed regarding Council items, there will special attention for Planning Commission hearings to provide a forum for public comment and participation. Chapter 20.54 Non Conformill!! Uses Robert Grumbach explained that non-conforming use provisions are based on the State's vesting laws which have stringent requirements for uses or structures to qualify as "legal non-conforming." This proposed update is mostly a review to fairly apply state law. City of Bremerton provisions, however, are currently convoluted and difficult to apply. ~ Provision 20.54.060( e) would allow rebuilding a structure from a total loss if done within I year of the loss. The language was improved to allow either the owner or the tenant to rebuild. Discussion followed regarding the need to include tenants in this section when permission is already required by the owner. Commissioner Cockburn said it was important to extend this right to tenants in order to protect their interest as land holders. Commissioner Kennedy agreed, and explained that there are many ways that land can 2 Summary 8/2/05 Planning Commission Workshop held by tenants which could be important tools to Bremerton's future. An ongoing example would be parcels held by Olympic College but with long and active leases/uses by tenants. ~ Provision 20.54.070 provides for the ongoing use of non-conforming structures, including expansion when it is compliant with current codes. Commissioner Cockburn asked if landscaping standards, for example, would be applied to the entire structure with an expansion or applied only to the area under expansion. Staff responded that new standards would be applied in manner proportionate to the new square footage or impact. ~ Provision 20.54.090 is introduced to allow the continuation of non-conforming structures even when its legal status (vested rights) have been lost, i.e. not occupied within 12 months. The conditions for this, such as the lack of other viable use, were discussed. Director Hugo suggested an amendment to condition #4, saying that the applicant need only demonstrate that the structure/use is not inconsistent with Comprehensive Plan, as opposed to the proposed text saying it "must meet the goals and policies of the Comprehensive Plan." ~ 20.54.090 (b) was presented as a means to allow continued use of existing neighborhood specific businesses, such as stand-alone convenience stores, i.e. Dillon's Market on Park Avenue. Discussion followed on enabling these uses and not classifying them as "non- conforming." The Commission decided to remove mention of them here and to work on allowing them through Conditional Use Permits in the zone chapters. Chapter 20.48 Parkin!! Standards Given the bulk of this chapter, Robert Grumbach focused on changes to the existing parking standards: ~ Lacking usefulness or application in the past few years, staff removed all references to the parking lot classification system - "Class A, B, C". There were no objections. ~ Discussing Applicability, including when there is a change of use or occupancy, staff went over how "significant increase in parking demand" is to be determined. ~ Commissioner Friedburg-Nerf suggested that water quality protection be referenced in the Intent statement. She also suggested that there be encouragement of pervious pavement throughout this chapter. Commissioner Streissguth concurred and mentioned it was important to look throughout the municipal code to enable pervious pavement use. Staff responded that pervious pavement will be provided for in the Definitions chapter, to ensure it is included as an appropriate use. "Paved surfaces" were later discussed with the intention that they also include pervious options, such as a product called "grasscrete" - a sturdy net/mesh grass-based ground covering. . Staff explained that the new allowance for gravel driveways (on deep residential lots ) but that these too contributed to water run-off and were not considered permeable. Discussion followed on stormwater runoff, especially when and where it is controlled in parking areas. Staff mentioned a 5,000 square foot threshold for a stormwater review by Engineering. Commissioner Streissguth mentioned the need to tie stormwater reviews to the Critical Area Ordinance. Director Hugo said there would be better coordination with Public Works staff on these issues in the future. 3 Summary 8/2/05 Planning Commission Workshop ~ There was a general discussion regarding the monitoring of parking lots for compliance and maintenance over time. The group acknowledged limited City resources for this function. ~ Residential parking standards now stand alone with this new chapter, with less reliance on current parking figures. Discussion followed on appropriate places for residential parking spaces, such as driveways and front/side/rear setback areas. Commissioner Kennedy reiterated that front yard setback areas should not be used for parking. She recalled that front yard setback areas already relate to non-traditional development in places, such as Shore Drive, where alternative, limited, front setback areas have been accepted and parking is mixed with existing structures. . Significant discussion occurred regarding the proposed draft allowing surface parking in the rear yard setback areas within residential zones. Staff spoke to the challenge of getting parking on small lots and how this would open up more useable space. The Commission discussed having a minimum setback of 3 feet from the property line but wanted screening from adjacent lots. Staff asked ifit was the Commission's intention is to generally allow parking in the rear or to only allow it for the required off-street parking spaces. The Commission then showed concern about rear setbacks areas being inappropriately used for parking multiple vehicles and the associated enforcement problems with permitting surface parking there. The Commission decided to strike the proposed surface parking in the rear yard setback areas. ~ Staff then focused discussion on changes to the non-residential (commercial) parking ratios. . The new Zoning Map will remove the existing West Bremerton Parking Overlay provisions and code reference to it which have been problematic for staff. . Staff introduced a new parking ratio of 1 space per 250 sq. feet of leaseable gross floor area for shopping centers. This is proposed as a response to common areas often developed within shopping centers as well as the practice of patrons parking and accessing more than one retail establishment, lessening the need to apply individual retail requirements for various leased spaces. Commissioner Kennedy suggested that the retail requirement of 1 space per 200 gross floor area was generally too high. Following discussion, the Commission decided to amend the retail requirement to 1 space per 250 gross floor area (still differentiated from Shopping Centers provision which bases the requirement on square feet of 1easeable gross floor area). . Staff indicated that there are no maximum parking provisions included at this time. . Staff inserted Mini-Wharehouse into the list of Industrial uses. Inquiries have come into staff in the past so this was an additional necessary provision. . Commissioner Kennedy asked how bowling alley parking is regulated. Staffresponded that bowling alleys are "parked" according to their number of bowling lanes, unless the site includes stand-alone activities with different parking standards, such as a casino. A mix-of-uses on a site is generally broken down in parking analysis. . Commissioner Friedburg-Nerf asked ifthe provisions for parking at libraries would affect the downtown library. Staff responded that these provisions would apply to new uses only and not affect an already existing (non-conforming) use. . Commissioner Freidburg-Nerfraised a safety concern on the exemption for daycares and small schools with 12 or fewer children from loading and unloading parking requirements. She also asked about any special provisions for mortuary uses, in that cars 4 Summary 8/2/05 Planning Commission Workshop are often stacked there and block accessways during services. Staff responded that these uses are generally looked upon as self-regulating but that there is a provision that funeral homes/mortuaries have a parking attendant present if they use tandem parking. > Staff presented the new provisions for satellite parking areas, removing the requirement for a special permit but setting a standard that they be within 400 feet ofthe use. > Loading area requirements were generally simplified, granting the Director more flexibility, as opposed to the existing list of various exemptions. Most significantly, the code now differentiates between large retail uses and other uses that generally do not require large commercial truck deliveries. Chapter 20.52 Sien Standards Geoff Wentlandt went over the changes to the sign code. Staff discussed temporary signs and generally described a more simplified classification system (i.e. removal of various lengths of "temporary") Another significant change is the full exemption of political signs. > Within section 20.52.050( c), pole signs are now listed as prohibited signs except in the Freeway Corridor and Industrial Zones. Product signs are prohibited everywhere under provision (k). Commissioner Streissguth said that this is consistent with the County approach. > Staff led a discussion about new approach to measuring sign faces, including the provision that 6 straight lines be drawn around any sign feature. Commissioner Streissguth asked about the logic of using six lines. Director Hugo explained that it is an accepted practice by the industry which allows some flexibility and creativity, over simply regulating by a square shape. > Commissioner Friedburg-Nerf asked for clarification regarding signs that are allowed to extend "beyond the property line" under Sign Placement Requirements. The Commission agreed that the text should clarify that signs are allowed to hang over public areas (i.e. sidewalks), not over adjacent private land. > Commissioner Streissguth asked for clarification regarding the types of Temporary Signs as outlined in 20.52.080(h). The Commission agreed that this provision needed to focus on advertising devices, so as to differentiate them from personal decorations. > Commissioner Kennedy asked about real estate signs and how they are classified. The Commission agreed that these signs should be exempt. . The 20.52.080(g) provision should be clarified. > Section 20.52.100 will be re-titled correctly, along with consistent use of "square feet" references. . Commissioner Friedburg Nerf suggested that Shopping Center signs, allowed to be 300 square foot sign, are too large. Staff agreed and suggested that they be could be limited to a smaller square foot size upon further review. Commissioner Streissguth suggested there be a relationship to allowed monument signs. Discussion followed regarding various types of signs that are all considered "free-standing signs", from subdivision identification signs to pole signs. There is a need to discuss the definition of monument signs to address their design. There is also a need to differentiate marketing signs from identification signs, including for designated mixed use areas. The Commission decided that the Sign Chapter needs a summary table showing which signs 5 Summary 8/2/05 Planning Commission Workshop are allowed in the various zones in order to illustrate size and height relationships across zones. . Staff explained that the base sign standards would apply to the Downtown Core zones (DC and DW) zones in the absence of zone-specific standards in those zones. Staff suggested that shopping center signs not be accommodated in downtown zones. It was discussed that more work is needed in the Downtown Regional Center to ensure a similar treatment to the District Center provisions for signs. The summary table will show freestanding signs in DC and DW being limited to monument style signs. >- Commissioner Friedburg-Nerfinquired about the City's enforcement capacity regarding non-conforming signs. Staff explained the staff currently operates under a complaint-based approach but that there is interest to be more proactive. Chanter 20.50 Landscanin2 Standards Matthew Keough briefed the group, quickly, on proposed changes: >- Retained the structure of the existing code, which includes General Provisions, Standards, and Performance Requirements. Further work will be done to simply these sections, possibly by grouping regulations around subject areas. >- Introduced an acceptable Planting List of various non-invasive and native species for various parts of the City. The Commission felt that the list should be extracted and more simply made available through DCD. There was concern about it needing amendment over time and the difficulty of codifying such a list. Commissioner Cockburn raised questions over several of the species listed and volunteered his expertise with the plant list. As a separate item, it will better evolve over time. >- The proposal includes increased standards for irrigation of landscaping as a means to better ensure the longevity of required landscaping areas in the City. The requirements should encourage drought-tolerant species (would not require irrigation systems) and work to reduce run-off. Commissioner Streissguth said that she was glad to see provisions for various irrigation requirements but wondered if the City should hold a landscaping bond through installation, only released after plantings have taken hold. >- The requirements for landscape plans were increased over current provisions to more formalize their submittal. Most notably, landscape plans are required with all land use permits, including grading. Staff discussed this provision and the need to cross reference it to Engineering standards and the Department of Ecology's manual for Best Management practices, as endorsed by the City. >- Landscaping requirements have been extended beyond the traditional residential screening, tree trees, and front yard areas to include areas adjacent to existing or proposed trails and open spaces. Additionally, undeveloped portions of a project can not have noxious weeds or bare, unplanted earth without groundcover. Commissioner Streissguth asked the exemption for single-family homes be better highlighted. >- Commissioner Friedburg-Nerfwas concerned about the exemption for large parking lots (provision letter "f' under parking lots.) Staff responded that this exemption is only granted under certain conditions, including having only one aisle of parking (meaning it was not a deep parking lot) and still meeting front yard landscaping. 6 Summary 8/2/05 Planning Commission Workshop Chapter 20.78 Multi-Residential Zone Matthew Keough was asked to summarize this zone very quickly. ~ The MR zone began with the existing MR Zone but looked for problematic provisions, given the new Comprehensive Plan. The 120 foot limitation was obviously out of place with existing development and the proposed height limits of downtown zones. While many ofthe zones within the Downtown Regional Center will basically hold existing height limits in place, there is a need to adjust some, especially this one. The downtown building heights exhibit, used for downtown zones, reflects the proposed change to 45 feet for this zone. Staff mentioned that this will correlate to the Shoreline provisions while allowing 3 stories of attached housing units over garages. ~ The MR zone was changed to only allow residential uses, despite an earlier proposal to retain mixed-use options. It was agreed that mixed-use zones will require more intense review and participation, including design standards. All references to non-residential uses were struck. ~ The MR zone needed a new name. The group suggested "Multi Residential Zone" as it would represent the only residential zone to outright permit multifamily housing. 7 Summary 8/2/05 Planning Commission Workshop ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting amendments to the City Zoning Code by adding new chapters as follows: Chapter 20.18 entitled "Text Amendments," Chapter 20.48 entitled "Off-Street Parking," Chapter 20.50 entitled "Landscaping Standards," Chapter 20.52 entitled "Sign Requirements," Chapter 20.54 entitled "Nonconforming Provisions," Chapter 20.58 entitled "Land Use Permits," Chapter 20.74 entitled "Business Core (BC)," Chapter 20.75 entitled "Downtown Core," Chapter 20.76 entitled "Downtown Waterfront," Chapter 20.79 entitled "Multiple Residential (MR)," Chapter 20.90 entitled "Industrial Park (IP)," Chapter 20.92 entitled "Employment Center (EC)," Chapter 20.94 entitled "Industrial," Chapter 20.96 entitled "City Utility Lands (CUL)," Chapter 20.97 entitled "Watershed (WS)," and Chapter 20.98 entitled "Institutional (INST)," all of which shall become effective upon the effective date of the ord~nance adopting the Official Zoning Map. WHEREAS, the City Council adopted a new Comprehensive Plan for the City on December 1, 2004; and WHEREAS, the City is in the process of updating its zoning regulations consistent with the new Comprehensive Plan; and WHEREAS, the City Council desires to continue the update process by adopting zoning regulations, which will be followed by additional updates; and WHEREAS, the proposed zoning regulations have been approved by the Planning Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 20.18 of the Bremerton Municipal Code entitled "Text Amendments" is hereby created to read as follows: Chapter 20.18 TEXT AMENDMENTS 20.18.010 APPLICABILITY. From time to time a change in circumstance or conditions may warrant a change in the development regulations of this title, which are consistent with the Comprehensive Plan. Text 1 Zoning Code Amendment amendments revise the text ofBMC Title 20 and change specific standards, procedures, meaning or other provisions of the code. 20.18.020 GENERAL PROVISIONS. (a) Applicant: Any interested party may initiate a text amendment to any provision of Title 20. (b) Fee: An application fee, pursuant to the adopted fee schedules in Chapter 3.01 BMC, shall accompany an application for a text amendment. Amendments initiated by the City shall be exempt from the application fee. (c) Notice: Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule: (1) Ten (10) calendar days for the first Planning Commission public hearing, and (2) (3) publication of notice. (4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary. (d) Approval Criteria: A text amendment may be approved if it is found that: (1) It is consistent with the goals and policies ofthe Comprehensive Plan; and (2) It does not conflict with other City, state and federal codes, regulations and ordinances. (e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.18.020(d)(I), approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the text amendment. Five (5) calendar days for the first City Council public hearing. Subsequent hearing dates on the same proposal do not require additional 20.18.030 TEXT AMENDMENTS. (a) Applicability: This Section applies to amendments involving substantive changes such as those standards prescribed in BMC Title 20 Section III Zoning, Chapter 20.14 BMC (Critical Areas) or Chapter 20.12 BMC (Short Subdivisions). (Note: A change to these Chapters does not automatically constitute a substantive change.) (b) Procedures: Specific procedural requirements are prescribed in Chapter 36.70(A) RCW. The Planning Commission conducts public hearings and makes a recommendation to the City Council. The City Council following its own public hearing(s), may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study. 20.18.040 PROCEDURAL TEXT AMENDMENTS. (a) Applicability: This Section applies to amendments that involving changes to procedural requirements such as those prescribed in Chapter 20.02 BMC (Project Permit) or Chapter 20.04 BMC (SEP A). (Note: A change to these Chapters does not automatically constitute a procedural change.) (b) Procedures: The Department shall make a recommendation to the City Council. The City Council, following its own public hearing may approve, approve with modifications, or deny the Department's recommendation. 2 Zoning Code Amendment (c) State Environmental Policy Act: Procedural amendments are exempt from environmental review (SEP A) pursuant to WAC 197-11-800(20). 20.18.050 MINOR CORRECTIONS. (a) Exempt: An amendment that does not result in any substantive change to the content or meaning of a regulation such as a correction to the punctuation or numbering sequence shall be exempt from notice and hearing requirements of this Chapter. (b) Procedures: The Department makes a recommendation to the City Council who may approve, modify and approve, or deny the amendment. Amendments to make minor corrections are processed in accordance with the ordinance requirements set forth in the City Charter, Article III (Legislation). 20.18.060 AMENDMENTS TO THE SHORELINE MASTER PROGRAM. (a) Applicability: This Section applies to amendments to Chapter 20.16 BMC (Shoreline Master Program). (b) Procedures: Review procedures are prescribed in Chapter 173-26 WAC and the Shoreline Master Program. A minimum of one public hearing shall be held prior to the City Council's decision on the amendment. The City Council may approve, approve with modifications, or deny an amendment. ( c) Approval of Ecology: A City Council decision approving an amendment shall be transmitted to the Washington Department of Ecology who approves, recommends specific changes necessary to make the proposal consistent with Chapter 90.58 RCW policy and its applicable guidelines, or denies the amendment. SECTION 2. Chapter 20.48 of the Bremerton Municipal Code entitled "Off- Street Parking" is hereby created to read as follows: CHAPTER 20.48 OFF-STREET PARKING 20.48.010 INTENT. The intent of this Chapter is to require off-street parking and loading facilities in proportion to the parking and loading demand of land uses while minimizing the amount of impervious surface where possible. The purpose of the regulations and design standards are to ensure the usefulness of parking and loading facilities, to protect the public safety, to mitigate adverse land-use impacts and to protect the visual, water and air quality of the community. 20.48.020 APPLICABILITY. (a) General: The provisions of this Chapter shall be applied at the time of erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity unless provided for otherwise by law. This Chapter shall be used in conjunction with specific off-street parking requirements set forth in BMC Title 20. (b) Change of Use or Occupancy: The number of off-street parking spaces shall be provided in accordance with the requirements of this Chapter if a change in the use or occupancy of an existing building or structure results in a significant increase in the parking demand, which 3 Zoning Code Amendment shall be determined by calculating the difference between the required and existing number of parking spaces. If the difference is more than fifteen (15) percent of the existing parking spaces, or ifthe difference is more than three (3) parking spaces, whichever number is larger, it shall be determined to be a significant increase. (c) Expansion of Structure/ Use: When an existing structure or use is expanded, additional off-street parking spaces shall be provided in accordance with the requirements of this chapter, except when the expansion necessitates the addition ofthree (3) or fewer parking spaces. The number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previous existing spaces satisfies the requirements of this Chapter. (d) Movement of Building: If a building is moved to a new lot, off-street parking spaces shall be provided in accordance with the requirements of this Chapter. (e) Change in Ownership: Additional off-street parking shall not be required because of a change in ownership or tenancy provided the use and the building remain unchanged. (f) Rehabilitation: Additional off-street parking spaces are not required because of a building remodel or improvements if: (1) The remodel or improvements are contained within the existing envelope. of the building or structure; (2) The inside gross floor area is not increased by more than ten (10) percent; and (3) No additional residential dwellings are created. 20.48.030 NONCONFORMITIES. Any use, which on the effective date of this Chapter or any amendments hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming unless any ofthe provisions set forth in BMC 20.48.010 would apply. However, in no case shall nonconforming parking have its existing number of off-street parking spaces reduced. 20.48.040 GENERAL REQUIREMENTS. The following requirements are applicable to all zoning districts. (a) Occupancy: No building or structure shall be approved for occupancy unless adequate parking facilities are provided consistent with the requirements of this Chapter. (b ) Availability: All required off-street parking spaces shall be made available and continuously maintained for the parking of residents, customers, patrons and employees of the related land uses and shall not be rented, leased or otherwise assigned to any person or organization not related to the principal or accessory land use. (c) Plans Required: No building permit shall be issued until the applicant has submitted satisfactory plans to the City showing how the off-street parking and loading facilities required by this Chapter will be provided and maintained. Development of a parking lot without a building or other structure does not require a building permit, but does require Site Plan Review in accordance with BMC 20.58.090 (d) Maintenance: It shall be the responsibility of the property owner to ensure that parking areas and driveways are continually maintained in good condition and free of refuse and debris. All required landscaping shall be kept in a healthy condition and properly maintained. 4 Zoning Code Amendment (e) Non-parking Activities: No business, temporary or permanent display, or other non-parking activity shall occur on any required parking space. (f) Parking Prohibited: Parking is prohibited on landscaped or other areas not designed and approved for parking. (g) Unobstructed Access and Circulation: (1) Unobstructed vehicular access to and from public or private streets shall be provided for all off-street parking spaces. Vehicular access drives shall be designed to ensure the safety of persons using such access or traveling on the public street. (2) Required parking and all maneuver areas shall remain free of all obstructions. (3) No parking space may block access to another parking space unless the City has approved a tandem parking design, and valet parking with a tenant is made available during hours of operation. (4) Except for single-family and duplex structures on individual lots, parking spaces shall be designed to prevent the backing of vehicles onto a public right-of-way, or a private street other than an alley. (h) Shared Driveways: Shared driveways are encouraged for abutting lots whenever practical. Approval shall include easements granting access to all property owners using the shared driveway. 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all residential development: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway: A gravel surface driveway may be allowed for a single-family residence for that portion of the driveway that is more than 100 feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door. (c) Side Yard Setback: No parking shall be located within the side yard setback area ofthe zone unless the side lot line abuts an alley. When abutting an alley, the side yard setback parking provision is reduced to zero. (d) Rear Yard Setback: No parking shall be located within the rear yard setback area ofthe zone unless the rear lot line abuts an alley. When abutting an alley, the rear yard setback parking provision is reduced to zero. (e) Front Yard Setback: No parking shall be located within the front yard setback area of the zone unless allowed otherwise by law. (f) Stall Dimensions: (1) Parking stalls for a single-family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) Parking facilities for two or more dwellings shall comply with the design standards prescribed in BMC 20.48.080. These design standards may be modified to allow stacked parking spaces for a residential structure containing up to four (4) dwellings provided the parking spaces comply with setbacks. 5 Zoning Code Amendment (g) Driveways: A driveway may be located within any setback area for a residential use provided the width is not more than twenty (20) feet, and (1) The driveway area is not used in calculating the number of required parking spaces; (2) Access to a public or private street is provided in accordance with City street standards; and (3) The Director may approve exception to the maximum driveway width when necessary for compliance with Americans with Disabilities Act (ADA) standards. (h) Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and the following corresponding standards: Type of Use: Number of Bedrooms: (1)ADU (2) Single-unit residential All (3) Two- unit residential All (4) Multi-unit residential 1 or less (5) Multi-unit residential 2 (6) Multi-unit residential 3 or more (7) Group Residential Facility, Class I Group Residential Home Adult Family Home Minimum Number of Parking Spaces: See BMC 20.46.010 2.0 per dwelling 2.0 per dwelling 1.5 per dwelling 1.75 per dwelling 2.0 per dwelling 2.0 plus 1.0 for each bedroom beyond the first 4 plus 1.0 for each 300 square feet of gross floor area used for counseling 20.48.080 NON-RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all non-residential development and parking lots. (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Side and Rear Yard Setbacks: Parking spaces shall be setback a minimum of five (5) feet from the side and rear lot lines. Setbacks may be reduced to zero if the following are incorporated into the design of the parking area: (1) A solid fence or wall is provided; and (2) Landscaped islands at least forty-five (45) square feet of area are provided in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six (6) spaces each. (c) Front Yard Setbacks: Parking spaces shall be setback a minimum often (10) feet from the front lot line. (d) Parking Setbacks in Structures: When parking is incorporated within a structure, the parking shall comply with the setbacks of the zone applicable to the structure. 6 Zoning Code Amendment (e) Setbacks Abutting a Residential Zone: When a parking space abuts a residentially zoned property, the side and rear yard setbacks shall be at least ten (10) feet from the abutting residential lot line. Setbacks may be reduced to five (5) feet ifthe following are incorporated into the design of the parking area: (1) A minimum five (5) foot in height solid fence or wall; and (2) Sight-obscuring landscaping at least five (5) in height and five (5) feet wide, which meets the performance standards set forth in Chapter 20.50BMC. (f) Stall and Aisle Requirements: Parking facilities for required parking shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a). (g) Modifications to Parking Stall Requirements: The standards set forth in BMC 20.48.080(f) may be modified to allow for a vehicle overhang of up to two and on-half (2.5) feet provided: (1) Wheel stops are attached to the ground or pavement if curbs are not provided; (2) The vehicle overhang would not extend beyond the lot line or into front yard setback areas; (3) Walkways maintain a minimum three (3)-foot wide (four (4) feet for handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half (2.5) foot overhang. (h) Driveways: The width of non-residential driveways shall be based on the location, intended usage, and other factors and shall be in accordance with State and City engineering standards and: (i) Internal Parking Lot Design: Parking facilities shall incorporate the following features to provide safe and efficient circulation for vehicles and pedestrians: (1) Standard traffic control signs and devices to direct traffic; (2) Signs, crosswalks, raised pedestrian walkways and night lighting to provide for safe pedestrian movement; (3) Landscaped islands, raised curbs, and striping to define parking lot entrances, end of parking aisles and the patterns of internal circulation; and (4) Overall design coordination and adherence to all applicable design standards. (j) Landscaping: Landscaping shall be provided in accordance with the requirements prescribed in Chapter 20.50 BMC. (k) Lighting: Parking areas shall be lighted for the safety of pedestrians and vehicle circulation on the site in the following manner: (1) Lights are hooded or beamed so that there is no undesirable glare directed onto any adjacent streets or property; and (2) Lighting shall be designed adequately to illuminate the parking area while preventing the direct illumination of adjacent properties. (1) Signage and Striping: Directional signs and pavement markings shall be used to control vehicular movement within parking areas and to mark spaces. (1) The locations of parking spaces shall be clearly indicated by curb markings, wheel stops, bollards, or other means. (2) Incidental signs within parking lots shall be limited to two (2) square feet In SIze. 7 Zoning Code Amendment (3) No signs other than those indicating entrances, exits, name of the lot or the establishment to which the lot is accessory, conditions of use, or identification of disabled parking spaces shall be erected. (4) Signage for handicap spaces shall comply with the requirements prescribed in RCW 70.92.120. (m) Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and following corresponding standards: (4) Offices (5) Retail Store less than 15,000 sq. ft. (6) Retail Stores 15,000 sq. ft. or larger (7) Personal Service Shop (tanning, shoe repair, dry cleaner) (8) Plumbing, Heating, Electrical and Building Supplies (9) Convenience Market! Food S tore (retail)/ Markets & Supermarkets (10) Shopping Center* 4.0 per 1,000 square feet ofleaseable g.f.a * A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of buildings. Category of Land Use BUSINESS/ COMMERCIAL: (1) Barber Shop/ Beauty Salon (2) Bank! Financial (3) Laundry (self service) Minimum Number of Parking Spaces 1 per 75 sq. ft. gross floor area (g.f.a.) 1 per 350 sq. ft. g.f.a. 1 per 4 washing machines, with a minimum 5 required 1 per 300 sq. ft. g.f.a 1 per 300 sq. ft. g.f.a. 1 per 250 sq. ft. g.f.a 1 per 250 sq. ft. g.f.a., with a minimum of 2 required 1 per 600 sq. ft. g.f.a. 1 per 250 sq. ft. g.f.a., with a minimum of 6 required EATING/ DRINKING ESTABLISHMENTS: (1) Restaurant! 1 per 150 sq. ft. g.f.a. Cocktail Lounge/ Tavern less than 4,000 sq. ft 8 Zoning Code Amendment (2) Restaurant/ Cocktail Lounge/ Tavern 4,000 sq. ft. or greater ENTERTAINMENT: (1) Bowling Alley (2) Clubs, Lodges (3) Dance Hall (4) Pool Hall (5) Theater (6) Video Game Arcade INDUSTRIAL: (1) Industrial Establishment/ Research & development (2) Mini-warehouse (3) Wholesale Establishment/ Warehouse, Trucking and Freight Terminal LODGING: (1) Bed & Breakfast (2) Hotel (3) Motel 20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft. 5 per lane 1 per 4 fixed seats, plus I per 50 sq. ft. gross floor area of assembly area without fixed seating 1 per 100 sq. ft. g.f.a. 1 per 100 sq. ft. g.f.a. 1 per 4 fixed seats 15 per 1,000 sq. ft. g.f.a. 1 per 600 sq. ft. g.f.a. 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq. ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area 1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft., (3 space minimum), plus 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000 sq. ft. (10 space minimum), plus 1 per 3,000 sq. ft. greater than 100,000 sq. ft. (40 spaces minimum) 1 per guest room plus 1 for the resident household 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common areas I per 2 guest rooms, plus I per 200 sq. ft. g.f.a. of common area plus 1 for manager 9 Zoning Code Amendment (4) Travel Trailer Park! Tourist Court MEDICAL! DENTAL: (1) Medical/ Dental Office (2) Hospital/ Medical Centers (3) Nursing Home/ Health Institution! Convalescent Home (4) Veterinarian! Animal Hospital RECREATIONAL: (1) Health Club/ Figure Salon! Physical Fitness Center (2) Parks/ Playground (3) Racquet/ Handball (4) Swimming Facility PUBLIC: (1) Library/ Museum (2) Places of Assembly (arenas, churches, auditoriums, stadiums, sports arenas, etc.) EDUCATIONAL: (1) Nursery School/ Day Care (2) School, Business & Trade 1 per trailer site, plus 1 per 10 sites located in a secure storage area, plus 1 per 5 sites for guest parking, plus Other parking for office or community buildings 1 per 150 sq. ft. g.f.a 1.8 per overnight bed based on state license I per 600 sq. ft. of g.f.a. 1 per 200 sq. ft. g.f.a. 10 per 1,000 sq. ft. g.f.a Based on anticipated parking demand 2 per each court 5, plus 1 per 75 sq ft. of gross surface water area 1 per 400 sq. ft. g.f.a. 1 per 4 fixed seats (20 inches of a bench or pew = 1 seat), plus 1 per 50 sq. ft. g.f.a. of assembly without seats 1 per 5 children, plus 2 loading! unloading spaces (12 or fewer children are exempt from the loading! unloading) 6 per classroom, and/ or I per 200 sq. ft. g.f.a of administrative office, and/ or teaching lab or shop 10 Zoning Code Amendment (3) School, College or University (4) School, K through 9th grade (5) School, 10th through 1 ih grade AUTOMOBILE: (1) Automobile Service (2) Motor Vehicle/ Vessel Sales Lots (3) Motorcycle/ Small Engine Repair (4) Shops/ stores for sales And service of machinery OTHERS: (1) Garden Nursery (2) Marinas & Moorage Facilities (3) Mortuary/ Funeral Home (4) Uncovered Storage Area 2 per 1,000 sq. ft. g.f.a. used for academics, plus 1 per each 4 student rooming unit, plus Additional space as required for non-academics 2 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office 1 per each 10 students for which building is designed, plus 1 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office 1 per 200 sq. ft. g.f.a., plus 1 per service bay (bay itself is not a space), with a minimum of 5 required 1 per 3,000 square feet of retail indoor or outdoor sales area in addition to parking requirements for the building or structure 1 per 400 square feet of g.f.a. 1 per 600 sq. ft. g.f.a. 1 per 400 sq. ft. g.f.a of retail area, plus 1 per 500 sq. ft. g.f.a of building and outside display area (wholesale) 1 per 600 sq. ft. of g.f.a. 1 per 75 sq. ft. of assembly area 1 per 2,000 sq. ft., plus 1 per each vehicle anticipated to be parked overnight on a regular basis, plus 1 per 300 sq. ft. g.f.a. for office 20.48.100 PARKING REDUCTION. Modifications to the requirements of this Chapter may be granted for the following: (a) Designated Land Use Centers: If a change of use occurs pursuant to BMC 20A8.020(b) on a property within a Center zone designation as prescribed in BMC 20AOxxx, which results in a significant increase in parking demand, the Director may reduce by up to ten (10) the minimum number of required parking spaces provided: 11 Zoning Code Amendment (1) Sites containing multiple buildings and/ or uses shall have the reduction applied to the entire site and not to individual uses; (2) The number of existing off-street parking spaces is not reduced. (b) Master Development Zone: Approval of a Master Development zone pursuant to Chapter 20.80 BMC. ( c) Group Residential Facility Class I, Adult Family Home, and Group Residential Home: The Director may authorize a reduction in the number of required parking spaces for a Group Residential Facility-Class I, Adult Family Home, or Group Residential Home if there is a clear indication that the requirements of this Chapter are excessive due to such factors as the resident's ability to drive, age, or mental or physical abilities and disabilities. (d) Senior Housing Complex: Parking requirements may be reduced for a Senior Housing Complex approved pursuant to BMC 20.46.090. (e) Manufactured Home Park Requirements: Parking requirements for a Manufactured Home Park are prescribed in the approval criteria for a Conditional Use Permit. 20.48.120 UNLISTED USES. Land uses not specifically listed in BMC 20.48.060(h) and 20.48.080(n) shall have their off-street parking requirements determined in the following manner: (a) A comparison is made of the unlisted use to a listed use and the Director determines that the parking demand between the two uses is similar; or (b) If a comparison cannot be made, the Director may determine the number of required spaces based on anticipated parking demand, which in no case shall be less than one (1) parking space per five-hundred (500) square feet of gross floor area. 20.48.140 HANDICAP ACCESSIBLE PARKING. Where parking is provided, accessible parking spaces shall be provided that complies with the requirements in Chapter 17.04 BMC (City Building Code, IBC Chapter 11). Accessible parking spaces shall be located on the shortest accessible route oftravel from adjacent parking to an accessible building entrance. 20.48.160 LOADING/ UNLOADING SPACES. (a) Standards: Off-street loading spaces shall be provided in accordance with the following standards for all new non-residential construction or additions having a floor area greater than one-thousand (1,000) square feet of gross floor area that is engaged in retail, manufacturing, wholesale or storage activities, but excluding self-service storage facilities; which requires the delivery of merchandise or materials by trucks: Total Gross Floor Area Number of Loading Spaces Required (1) (2) (3) (4) 1,000 to 20,000 square feet 20,000 to 50,000 square feet 50,001 to 100,000 square feet Greater than 100,000 square feet 1 2 3 4 12 Zoning Code Amendment (b) Standards: Off-street loading spaces shall be provided in accordance with the following standards for all new non-residential construction or additions having a floor area greater than ten-thousand (10,000) square feet of gross floor area that is engaged in hotel, office, restaurant or similar use in accordance, which requires the delivery of merchandise or materials by trucks: Total Gross Floor Area Number of Loading Spaces Required (1) (2) (3) 10,000 to 50,000 square feet 50,001 to 100,000 square feet Greater than 100,000 square feet 1 2 3 (c) Loading! Unload Zone Development Standards: (1) Design: Off-street loading spaces shall be at least ten (10) feet in width and have a total area of not less than two-hundred fifty (250) square feet. (2) Accessibility: With the exception of gates and security fencing, loading spaces shall be accessible at all times from a street, alley, or driveway and shall not be obstructed by other loading spaces, trash receptacles, outdoor storage, or other obstacles. (3) Obstructions: Loading functions shall not interfere with any emergency access, fire exit, or required vehicle parking spaces. (d) Modifications: (1) If the applicant can demonstrate that deliveries are only made during nighttime or other hours when customers are not present, the loading function may be accommodated in combination with required customer/ employee parking. (2) If the applicant can demonstrate that all deliveries are made by trucks with a gross weight of26,000 pounds or less, the number of required loading! unloading spaces may be reduced by one (1) if a load/ unload zone located within the public right-of-way fronting the property is approved by the Public Works Department. 20.48.180 OTHER REQUIRED PARKING SPACES. All non-residential uses and residential developments of six (6) ormore dwellings shall provide parking spaces for the following: (a) Motorcycle Spaces: Motorcycle spaces shall be provided at one (1) per twenty- five (25) of the required automobile spaces with at least one (1) motorcycle space provided. (1) Automobile parking requirements may be reduced one space for every three- (3) motorcycle spaces provided up to a maximum five (5) percent of the total required automobile spaces. (2) Each motorcycle space shall be no smaller than four (4) feet in width and eight (8) feet in depth. (3) Motorcycle spaces shall be located according to the same criteria and standards that are applicable to automobile parking spaces. (4) The Director may exempt those non-residential uses that would not normally have motorcycle-riding clientele (such as warehouses, storage facilities, automobile services, etc) from motorcycle parking requirements. 13 Zoning Code Amendment (b) Bicycle Facilities: Bicycle parking spaces shall be provided at ten (10) percent of the required automobile spaces. (1) The minimum number of required bicycle spaces for schools of all types except higher education institutions shall be calculated at the rate of one (l) space per twenty (20) students, based on the facility's designed capacity. (2) Video game and similar amusement centers commonly frequented by children and/or teenagers shall provide bicycle facilities equal to one-third the required numbers of automobile parking spaces. (3) The Director may exempt those non-residential uses that would not normally have bicycle-riding clientele (such as self-service businesses, automobile services, gas stations, etc) from the bicycle parking requirements. (4) Bicycle facilities shall be firmly attached to the ground, located near the building entrance, and designed to allow both the frame and wheels to be securely locked to the structure. 20.48.200 RENT OF RESIDENTIAL PARKING. (a) The rental, lease or other use of parking spaces for commercial parking purposes within a residential zone is prohibited. (b) The rental, lease or other use of parking spaceso associated with a residential use for commercial parking, whether they are required spaces or not, is prohibited. 20.48.220 SATELLITE PARKING. Off-street parking requirements may be partially or completely satisfied with the approval of a Satellite Parking Facility. A Satellite Parking Facility is approved by Site Plan Review as prescribed in BMC 20.58.080. A Satellite Parking Facility may be approved provided: (a) The parking facility is located within four-hundred (400) feet of the property containing the associated use or building; (b) The parking facility is not located on property zoned for Low Density Residential. The Director may waive the zone restriction for a Religious Worship Facility or Public School if: (l) The parking facility is located on a lot abutting the principal use; or (2) The parking facility is located within one-hundred (l00) feet on a lot where a street (public or private) or alley would separate it from the principal use. (c) The owner of the property containing the Satellite Parking Facility executes a binding agreement approved by the City. The agreement shall include covenants running with the land to ensure that conditions are observed and remain in effect until there is a substantial change to the original conditions that made the satellite parking necessary. The agreement at a minimum shall contain: (l) A covenant stating that the title to and right to use the satellite lot will be subservient to the title to the premises upon which the primary structure or improvement is to be erected or made; and (2) A warrant that lots are not and will not be made subject to any other covenant or contract for such or other use without the prior written approval of the City. (d) The owner of the property or an authorized agent shall file the agreement with the County Auditor following City approval. A copy of the recorded agreement shall be submitted to the Department and kept on file. 14 Zoning Code Amendment (e) The Satellite Parking Facility shall meet the requirements of this Chapter. (f) A limit on the time of day that the Satellite Parking Facility is used may be placed as a condition of its approval if deemed necessary by the Director for the protection of adjoining areas. 20.48.240 JOINT USE OF PARKING FACILITIES. Joint Use Parking Facilities provide for the sharing of parking facilities between different uses. A Joint Use Parking Facility requires approval of a Conditional Use Permit pursuant to BMC 20.58.020. A Conditional Use Permit may be granted under the following conditions: (a) Up to fifty (50) percent ofthe required parking for a theater, auditorium, bowling' alley, or dance hall may be supplied by the off-street parking provided by certain types of uses referred to as "daytime" uses in Subsection (d) below. (b) Up to fifty (50) percent of the required parking for uses specified as "daytime" uses in Subsection (d) below may be supplied by the parking facilities provided by uses referred to as "nighttime" uses in Subsection (e) below. (c) Up to seventy (70) percent ofthe required parking for a religious worship facility or auditorium incidental to a public or private school may be supplied by the off-street parking facilities provided by uses referred to as "daytime" uses in Subsection (d) below. (d) The following uses are considered as primary "daytime" uses: (1) Bank; (2) Offices; (3) Personal Service Shop; (4) Wholesale Businesses; (5) Uses similar to the above that normally or traditionally operate only during daytime hours. (e) The following uses are considered as primary "nighttime" or Sunday uses: (1) Auditorium incidental to a public or private school; (2) Civic and Commercial Theaters; (3) Bowling Alley; (4) Dance Hall; (5) Religious Worship Facilities; (6) Uses similar to the above that normally or traditionally operate primarily during evening hours or on Sunday. (f) The following conditions apply as a requisite for approving a joint use of parking facilities: (1) The principal building or use shall be located within a radius of eight- hundred (800) feet of the joint parking facilities. (2) The principal building or use shall not be separated from its parking by an arterial street unless it is within one block of a signalized intersection. (3) The applicant shall demonstrate there will be no substantial conflict between the two uses regarding hours of operation for which joint use of parking facilities is proposed. (4) A properly drawn legal instrument, approved by the City Attorney and executed by affected parties to set forth clearly the terms of the parking agreement, shall be recorded with the County Auditor. A copy of the recorded agreement shall be submitted to theaDepartment. 15 Zoning Code Amendment (5) The right to occupy the primary premises shall terminate ifthe joint use parking facilities that are necessary and were approved cease to be available. 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. Any land use containing drive-through services or drive-through service bays shall provide "stacking spaces" in accordance with the following: (a) Designed to accommodate vehicles awaiting service and prevent them from extending into a public right-of-way; (b) A minimum of four (4) stacking spaces shall be provided for each lane on the entrance side and one (1) space on the exit side; (c) Service bays and drive-through lanes shall not be designed to be entered from both sides; (d) Circulation and stacking areas shall not be counted toward the required off-street parking spaces; and ( e) Stacking requirements shall not apply to auto service facilities such as gas stations, service stations, and auto repair garages, unless found to be necessary to prevent extending into a public right-of-way. SECTION 3. Chapter 20.50 of the Bremertori Municipal Code entitled "Landscaping Standards" is hereby created to read as follows: CHAPTER 20.50 LANDSCAPING STANDARDS 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought resistant vegetation, replacing non-native and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and storm water runoff while providing on-site filtration to protect groundwater resources from pollutants and flooding. 20.50.020 APPLICABILITY. All new development, including expansion of existing structures and/or uses, except single-family residential building permits on individual lots, shall be subject to the requirements of this chapter. 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residential developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state; (b) The Director may waive or reduce any requirement(s) of this chapter under the following conditions: (1) The remodel of an existing building results in the expansion of floor area that is 10 percent or less of the existing floor area; 16 Zoning Code Amendment (2) An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) The Director may reduce landscaping requirements in order to accommodate required off-street parking spaces. 20.50.040 GENERAL PROVISIONS. (a) Front Yards: All front yard setback areas shall be landscaped pursuant to the Performance Standards per section 20.50.050 ofthis chapter; (b) Street Trees: Street trees shall be planted along public and private streets, per Performance Standards in BMC 20.50.050(a) unless more stringently required by the underlying zone. Trees shall be located within the front yard setback area. As an alternative, the trees may be located within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees; (c) Residential Screening: When any non-residential development is proposed on a site that abuts the Low Density Residential (R-10) zone, or when a three-or-more dwelling multi- family residential development is proposed on a site that abuts the Low Density Residential zone, landscaping and screening shall be included by the Performance Standards in BMC 25.50.050(b); (d) Areas Adjacent to Trails and Open Spaces: All developments adjacent to publicly used or desingated trails and open spaces in the Comprehensive Plan shall provide landscaping screening along the site facing the trail or open space per the Performance Standards outlined in BMC 20.50.050; (e) Undeveloped Areas: Undeveloped portions of property not devoted to landscaping shall be planted, groundcovered, or remain with existing vegetation, including significant trees as provided for in BMC 20.50.050(c) but excluding plants that can be classified as noxious weeds or as invasive sepcies; (t) Required Plants: New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal region of the Puget Sound Region. The Department of Community Development maintains a list of approved plant materials recommended for use within areas in the City ofBremerton. Additional plants may be added to this list as deemed appropriate by the City. Performance standards for required plants are found in BMC 20.50.050(d); (g) Alternative Landscaping Plan: The requirements of this chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted and accompanied by a Landscape Plan as required above; (2) An alternative landscaping plan may be approved provided a finding by the City of public benefit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (h) Guarantee: All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO). Landscaping may not always be completely in place at the time a CO is sought from the City. In lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: 17 Zoning Code Amendment (1) A bond or other acceptable assurance device shall be in the amount of 125% of the estimated cost required to complete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is provided, landscaping shall be installed within the next planting season and no later than 1 year from the date of issuance of a co. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (i) Maintenance Required: All plant material shall be maintained as designed and approved. Maintenance standards and assurances must be provided in the landscape plan as described BMC 20.50.120. 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) Street Trees: One tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center, however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (b) Screening Requirements: (1) Landscaping (organic and inorganic) forming a year-round sight barrier a minimum of five (5) feet in height in a landscaped area at least ten (10) feet wide; or (2) A fence or wall, and/or berm, or combination, no less than five (5) feet high plus shrubs and trees in an area at least five (5) feet wide; (i) Landscaping forming a year-round sight barrier in an area at least ten (10) feet wide and a minimum of five (5) feet in height; or (ii) A fence or wall, and/or berm or combination, no less than five (5) feet high plus shrubs and trees a minimum of five (5) feet in height in an area at least five (5) feet wide; (c) Significant Trees: Existing healthy trees located within required landscape areas and undeveloped areas and which will not constitute a safety hazard shall be preserved follows: (1) Evergreen trees: Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (2) Deciduous trees: Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade; (d) Planting Materials: Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought resistant species, or other species that are irrigated per the provisions of BMC 20.50.120( d) of this chapter or located in high moisture content soils. Plant material selection shall be consistent with the list of approved plant materials recommended for use within areas in the City of Bremerton per section 20.50.040(f) ofthis chapter. Plant materials shall also be coordinated with utility company requirements to avoid conflicts; (e) Deciduous Species Requirement: Landscaped areas and required screening shall consist of no more than fifty percent (50%) deciduous species. 18 Zoning Code Amendment (f) Areas Adjacent to Trails and Open Spaces: All developments adjacent to publicly used or desingated trails and open spaces in the Comprehensive Plan shall provide one tree per 50 linear feet of the property facing such trails and open spaces in addition to General Provisions 20.50.040(d); (g) Interruptions: Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter; (h) Safety: All fire hydrants are to be free of fences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant; (i) Freestanding Signs: An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing; (j) Outdoor Storage: In addition to any other requirements, storage yards and garbage dumpsters shall be surrounded by a six (6) foot high solid wall or sight obscuring fence. The wall or fence shall be considered a structure and shall conform to setbacks which may be required for building on street frontage. Outdoor storage of niaterials shall not exceed six (6) feet in height when visible from a public right-of-way; (k) Parking Lots: Parking lots shall comply with all of the landscaping requirements for non-residential uses. In addition the following standards shall apply: (1) Parking lot setback areas shall be landscaped with trees, shrubs, ground covers, turf grasses, or combinations thereof. Non-living materials shall not exceed twenty (20) percent of the landscaped area at maturity; (2) Parking lots shall have at least ten (20) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations; (3) Interior landscaping shall be dispersed as equally as possible throughout the parking lot; (4) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one tree in combination with shrubs, ground cover or other landscaping materials; (5) Bioswales and permeable pedestrian accessways through parking lots, connecting landscaped areas, are encouraged and are included in the calculation of required landscaping square footage; (6) Lots larger than 30 spaces, are exempt from internal landscaping requirements if: (i) they have only a single aisle with parking spaces on one or both sides; (ii) they have at least a five-foot width oflandscaping across the frontage and along at least one other property line; and (iii) the lot has no internal parking islands or peninsulas; (7) Trees shall be provided along any property line abutting a residential zone at a minimum rate of one tree per each fifty (50) linear feet except along property lines abutting an alley or already occupied by a building or other structure; 19 Zoning Code Amendment (8) If not necessary for visual buffering or if other trees are on or near the property line, trees may be irregularly spaced or grouped rather than uniformly spaced on the property line; (9) Whenever possible, mature healthy trees, as defined in BMC 20.50.040(e) already existing on the site shall be preserved. Credit may be given by the Director at the time of Site Plan Review for the preservation of such a tree in exchange for the loss of a parking space; (1) Clear Vision Triangle: A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the 3-8 ft. clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site. 20.50.120 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) Project name, owner's name, designer's name, north arrow, date and scale; (2) Existing property lines, easement, rights-of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five-foot intervals; (4) Proposed plantings, identified by common name, and caliper, size, and minimum height of specimens to be planted (see approved planting list below); (b) A landscape plan shall provide assurances for the following: (1) Landscape areas consisting of drought resistant vegetation will not require temporary or permanent irrigation systems; (2) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (3) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after 24 months or two growing seasons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas should include the following features: (i) Moisture or precipitation sensors; and (ii) Automatic timers set for operation to assure adequate moisture levels; and (iii) Head-to-head spacing, if sprinkler heads are proposed; and (iv) Pressure regulating devices; and 20 Zoning Code Amendment (v) Backflow prevention devices; and (vi) Separate irrigation zones for grass and planting beds; and (vii) Other provisions applicable to state and city codes; (5) Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjaent property, nonirrigated areas, and impervious surfaces; (6) All landscaping shall be maintained in healthy growing condition for the life of the project; (7) All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard. SECTION 4. Chapter 20.52 of the Bremerton Municipal Code entitled "Sign Requirements" is hereby created to read as follows: CHAPTER 20.52 SIGN REQUIREMENTS 20.52.010 INTENT. The intent of the Sign Requirements Chapter is to recognize the importance of signs in the community and establish regulations to protect the public from damage or injury caused by or attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended, in part, to stabilize or enhance the overall appearance of the community, and to protect property values. This Chapter is intended to regulate the number, size, placement and physical characteristics of signs and sign structures. These regulations are not intended to, and do not restrict limit or control the content of any sign message. 20.52.020 APPLICABILITY. These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to State regulations. In cases of conflict, the most stringent requirement shall prevail. 20.52.030 SIGN PERMIT. (a) Permit Required: No sign shall be placed, erected, or displayed without first obtaining a sign permit unless exempt under BMC 20.52.040. (b) Removal of Nonconforming Signs: A property containing a nonconforming sign shall not be allowed a new or additional sign on the property until the nonconforming sign is removed or brought into conformance with the requirements of this Chapter and the underlying zone. (c) Permit Application: An application for a sign permit shall include the following: (1) Signature of the property owner or their designated agent; (2) Site plan drawn to scale showing existing buildings, streets, free-standing and building signs, utility poles, and other structures within fifty (50) feet of the proposed sign; (3) Elevation drawings of the structural details of the proposed sign including dimensions, height, illumination methods and structure supports; and (4) Landscaping plan showing planting materials and patterns. 21 Zoning Code Amendment 20.52.040 EXEMPT SIGNS. The following signs are exempt from the provisions of this section, but may be subject to other provisions of the Zoning Code or Building Code: (a) Traffic signs, signals, and other traffic control devices erected by the City or other public authority. (b) Public notices pertaining to public health or safety issues, or for notification of legal or legislative action erected by the City or other public authority, of a temporary nature. (c) Permanent plaques, cornerstones, nameplates, and other building identification marking attached to or carved into the building materials and which are integral parts of the structure. (d) Signs within buildings provided they do not include moving, flashing or animated signs that are visible from any private or public roadway, or from adjacent properties. ( e) Legal nonconforming signs. (f) Incidental signs intended for public information or convenience and which consist of no more than ten (10) square feet for a combination of such signs. These may include restroom signs, hours of operation signs, address numbers, help wanted, credit card signs, and similar. (g) The American Flag, State of Washington flag, and other political or special purpose flags, that are not intended to contribute to a commercial advertising display. (h) Wall graphics of an artistic nature and that do not conform to the definition of "sign" . (i) Public Information / Identification approved through a Conditional Use permit process pursuant to BMC 20.58.020. (j) Real estate signs for sale of single-family dwelling units. (k) Temporary construction and on-site real estate development marketing signs provided they are removed prior to occupancy approval of the building. (1) Political signs meeting the provisions in BMC 20.52.090. 20.52.050 PROHIBITED SIGNS. The following signs are prohibited within the city limits of Bremerton and shall be subject to removal through amortization or other means: (a) Strobe lights or any other flashing, moving or animated features that is visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two (2) second intervals, and time/temperature signs are exempt from this proVISIOn. -.(b) Sisas rla~@d Of pfl1ntp.n on any mntgr "~ie18 or trail~r ",bid;:!. is Rot r5tltind~ tl:5ca to h all3f>8rt sr rroy.jQ@ tRe ge6lh OJ. ~ei v ~ccs beiBg idFerti~ed; (c) Pole Signs in all zones except the Freeway Corridor (FC) Zone and the Industrial (1) Zone. (d) Private signs placed within a public right-of-way; except a Projecting Sign, which projects into the right-of-way, may be permitted if a clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of the sign. (e) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. 22 Zoning Code Amendment (f) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees or other plant materials; (g) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (h) Portable signs within the public right-of-way except sandwich board signs per BMC 20.52.140; (i) Off-premises signs; (j) Billboards (k) Product signs 20.52.060 SIGN MEASUREMENTS (a) The area of sign faces shall be measured as the area bounded by any 6 straight lines intersecting at right angles, and shall include any surrounding frames or cabinet edges. (b) Sign area does not include supports, foundations or structures that are not part of the sign. (c) Only one side of a double-faced sign is counted in the sign's total area. (d) Multiple copy signs or shopping center signs consisting of several individual signs on the same support structures are calculated as the total of all individual sign components. ( e) A round or cylindrical sign is calculated as the maximum area that can be seen at one time from one position, or fifty (50) percent of the total area, whichever is greater; (f) The height of a sign is measured from grade as defined, to the highest point ofthe sign or its structure, whichever is higher. (g) Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame. (h) Street comer signs (at an intersection) shall be assigned to one of the frontages by the applicant and shall conform to the requirements of that frontage only; (i) Portable signs shall be calculated as part of the total free-standing sign area available to the site. 20.52.070 SIGN PLACEMENT REQUIREMENTS. (a) All signs, including supporting structures, shall be erected or placed totally within the boundaries ofthe site and not within any public right-of-way, except for the following: (1) Public authority and other traffic related signs; (2) Temporary banner signs advertising a public event, which meet City approval; (3) Approved signs overhanging public walkways; and (4) Approved sandwich board signs per BMC 20.50.060. (b) A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. ( c) A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear vision setback if: (1) A Pole Sign is allowed by the zone; (2) The top ofthe sign is three (3) feet or less above the grade, or (3) The bottom of the sign is eight (8) feet or greater above the grade. 23 Zoning Code Amendment (4) The posts and support structure have a diameter no greater than twelve (12) inches within this area. (d) A pedestrian clearance is required for any projecting sign (8) feet above grade or sidewalk as measured to the bottom of the sign. ( e) A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles. (f) The setbacks for freestanding signs may be reduced to zero provided the sign complies with the vision clearance requirements. (g) Free-standing signs shall not extend beyond property lines. 20.52.080 TEMPORARY SIGNS. All temporary signs are subject to the placement, size, and height requirements of this Chapter, the requirements set forth in the underlying zone. Additionally, the following requirements shall apply: (a) The sign area of individual temporary signs shall not exceed thirty-two (32) square feet; except a banner may be permitted with a sign area of up to one-hundred (100) square feet. (b) The maximum height of a temporary sign is six (6) feet, except a banner may be allowed a maximum height of twenty (20) feet. (c) Signs may be displayed for a period not to exceed sixty (60) days. Any time a temporary sign is removed by a business, it shall not be replaced by the same or other temporary sign for a period of not less than ninety (90) consecutive days. (d) Temporary signs meeting the following standards are exempt from the requirements ofBMC 20.52.030, and 20.52.090 through 20.52.140: (1) The sign is displayed for a period of seven (7) days or less; (2) The area of the sign is twenty-four (24) square feet or less; and (3) The height of the sign is six (6) feet or less. (e) Temporary signs shall not be permanently attached to the ground, a building, or to any other structure, other than what is necessary to secure it to prevent theft, wind damage or safety problems. (f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are permitted for specific promotions or events and shall not be permanently displayed. 20.52.085 POLITICAL SIGNS. Political signs identify candidates or issues in upcoming elections and! or they may express noncommercial speech such as religious, political, social, or other philosophical messages. The content of such signs are not regulated, but are subject to the following requirements: (a) (b) (c) Political signs advertising a candidate or issue in an upcoming election shall be removed within fourteen (14) days after the general election. (d) Political signs that do not comply with the requirements of this Section shall be subject to the permit requirements, sign area, setback and other provisions of this Chapter. The sign area of political signs shall not exceed thirty-two (32) square feet. The maximum height of a political sign shall be six (6) feet. 24 Zoning Code Amendment 20.52.090 GENERAL SIGN REGULATIONS. The following regulations apply to signs in all zone districts. (a) Vision Clearance. Signs shall conform to the clearance requirements ofBMC 20.52.060. (b) Extension Above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof. ( c) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (d) Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. ( e) Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than the sign area. 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS. The following standards shall apply to signs placed on property zoned commercial. (a) Freestanding Signs: (1) Sign Area: Freestanding signs may have an aggregated area that shall not to exceed one (1) square foot of area per each lineal foot of street frontage subject to the following: (i) Narrow Parcel: Any parcel having less than fifty (50) lineal feet of street frontage may have one (1) freestanding sign not to exceed fifty (50) square feet. (ii) Wide Parcel: Any parcel having more than fifty (50) lineal feet of street frontage may have multiple freestanding signs provided no single freestanding sign exceeds an area of one-hundred (100) square feet. (2) Spacing: Freestanding signs located on the same parcel or site shall have a separation of at least fifty (50) feet. Additionally, a twenty-five (25) foot setback is required from adjacent property lines, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compliance impossible. (3) Maximum Height & Design: Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(A). (b) Building Signs: (1) Commercial Uses: The building sign standards shall be in accordance with the following: (i) Sign Area: Signs attached to a building may have an aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of building fa<;ade width. (ii) Maximum Sign Size: Attached individually building signs shall not exceed one-hundred (100) square feet in area, except it may exceed the maximum if the total sign area is less than ten (10) percent of the total building fa<;ade area. (2) Industrial Uses: The building sign standards for industrial uses and other uses not engaged in the sale of goods or services to the public shall be in accordance with the following: 25 Zoning Code Amendment (i) Sign Area: The maximum aggregated area for all building signs attached to a single building shall be one-hundred (100) square feet. (3) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained. (4) Illumination: Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from any residences or other light-sensitive land uses, and away from on-coming traffic. (c) Shopping Center or Professional Complex: A shopping center, professional office complex, or similar large multiple occupancy development may have an identification sign to a maximum size of three-hundred (300) square feet, placed along one or more street frontages that are longer than three-hundred (300) feet each, provided the sign is no closer than one-hundred (100) feet from an adjacent property on the same side of the street and no other free-standing signs larger than fifty (50) square feet are placed on the property. 20.52.110 AUTO DEALERSHIP SIGN REGULATIONS. This Section applies within the Freeway Commercial zone designation. (a) No provisions under this Section shall be interpreted to preclude other provisions of this Chapter that are applicable to a given property or proposal. (b) In addition to the other standards prescribed in this Chapter, a dealership group may erect one (1) Automobile Dealership District Sign subject to the following requirements: (1) A dealership group is two (2) or more franchises under common ownership; (2) The Automobile Dealership District Sign shall be limited to identifying the dealership group and the brands of vehicles sold in the group; (3) The total area of the sign shall not exceed fifty (50) square feet for each dealer franchise in the group (example: a dealership group with two dealer franchises would be allowed an Automobile Dealership District Sign of up to one-hundred (100) square feet); (4) The maximum total sign area in no case shall exceed one-hundred fifty (150) square feet if the sign is a pole sign, or two-hundred (200) square feet ifit is a monument SIgn; (5) The square footage of the sign shall be deducted from the total aggregated signage allotted to the parcel on which the sign is placed; (6) The sign shall front on a City arterial street; (7) A master signage plan is required to be submitted prior to issuance of the sign permit showing the location and area of all signage of all the dealerships within the dealership group. 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS. The following regulations apply to properties zoned residential. (a) Free-Standing Signs: (1) Entrance Signs: One (1) freestanding sign may be permitted at each street entrance to a neighborhood, subdivision, manufactured park, apartment/condominium complex, or other homogeneous residential area provided: (i) The sign specifically identifies the development only; (ii) The sign area is fifty (50) square feet or less. 26 Zoning Code Amendment (2) Multiple Family Developments: A residential development having four (4) or more dwelling units may have one (1) permanent freestanding sign per street frontage provided the total sign area does not exceed four (4) square feet. (3) Individual Properties: Each residential property may have one (1) freestanding permanent sign that shall not exceed four (4) square feet in sign area; (4) Height: Freestanding signs shall have a maximum height of six (6) feet as measured from grade directly below the sign to the highest point on the sign or its support structure. (b) Building Signs. (1) The freestanding sign limitation prescribed in BMC 20.52.120 (a)(1) through (3) may be applied to building signs in lieu of freestanding signs. (c) Resident name plaques and address numbers shall not be included in total sign area calculations, but shall be limited to a size that is in character with the architecture of the building and with other such signs in the immediate neighborhood. (d) Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or are otherwise moved by the wind are prohibited. 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special Purpose signs shall comply with the requirements for the commercial zone as prescribed in BMC 20.52.100. In addition, the following shall apply: requirements: (a) Freestanding Signs: (1) Sign Area: The maximum area of a freestanding sign shall be limited to fifty (50) square feet. (2) Number of Signs: Only one (1) freestanding sign allowed per each street frontage. (3) Height: The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs: (1) Sign Area: The aggregate area of all building signs, proj ecting signs, and other signs attached to buildings shall not exceed one-hundred (100) square feet. (2) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained (c) Illumination: When located within a Low Density Residential zone, the sign shall not be illuminated between the hours of 10:00 PM and 7:00 AM. 20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS. The following standards shall apply to signs in the Downtown zones: Downtown Core (DC), Downtown Waterfront (DW), Business Core (BC), and in the Center zones: Neighborhood Center Core (NCC), District Center Core (DCC), and Employment Center (EC). (a) Free-Standing Signs. (1) Sign Area: The requirements prescribed in BMC 20.52.100(a)(1) shall apply, except wide parcels shall be limited to only one (1) freestanding sign not to exceed one- hundred (100) square feet. (2) Spacing. Freestanding signs shall be no closer than twenty-five (25) feet from adjacent properties, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compliance impossible 27 Zoning Code Amendment (3) Maximum Height and Design: Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(A). (b) Building Signs: The requirements prescribed in BMC 20.52.1 OO(b) shall apply. ( c) Moving, flashing, or animated signs are prohibited in downtown and centers zones. 20.52.150 VARIATIONS TO SIGN REGULATIONS. (a) The Director shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement, and sign size, provided: (1) The adjustments do not exceed ten (10) percent ofthe basic requirement, and; (2) The adjustment is based on a hardship or problem with the site, existing building placements, or poor site visibility, and not based on economic factors or personal design preference. (b) A request for adjustments beyond ten (10) percent shall be processed as a Variance pursuant to BMC 20.58.030. 20.52.160 DOWNTOWN ZONE SANDWICH BOARD SIGNS. Sandwich board signs located with the Downtown and Centers zones may be placed on sidewalks or portions of the pedestrian public right-of-way subject to the following conditions: (a) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. A sandwich board sign shall not be allowed on sidewalks with less than four (4) feet in width. (b) Sandwich board signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way; (c) One (1) sandwich board is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (d) Sandwich board signs shall not exceed thirty-two (32) inches in width or thirty-six (36) inches in height as displayed. (e) Sandwich board signs shall be professionally lettered, neatly painted or assembled, and remain in good repair. (t) Sandwich board signs shall be constructed to avoid being blown from their intended location and to avoid tipping or falling. (g) Sandwich board signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the thirty-two (32) by thirty-six (36) inch maximum dimensions established in Subsection (d) of this Section. (h) Sandwich board signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (i) Any site landscaping required by the City shall not be altered to accommodate a sandwich board sign. G) Sandwich Board Signs shall not block intersection or otherwise constitute a public safety hazard. (k) Placement of sandwich board signs on the public right-of-way in violation of this section will result in immediate removal of the sign from the public right-of-way by City personnel. 28 Zoning Code Amendment 20.52.170 SANDWICH BOARD AND PORTABLE SIGNS ALL ZONES. Sandwich board signs and portable signs not located within a Downtown or Center zone are allowed in other non-residential zones subject to the following Conditions: (a) Sandwich board and portable signs must comply with the requirement set forth in BMC 20.52.l60(b) through (k). (b) Sandwich board signs may be located within a public right-of-way provided the sign is no more than twelve (12) inches from the face of the structure; (c) Sandwich board signs not located within the public right-of-way shall be no more than twelve (12) inches from the face ofthe structure. (d) Portable signs shall not be located within a public right-of-way and shall be located within five (5) feet ofthe principal commercial structure that the sign is associated. 20.52.180 NONCONFORMING SIGNS. (a) Applicability. This section applies to the maintenance, repair amortization, as appropriate, and removal of nonconforming signs. (b) Definitions (1) "Effective date of this section" means the effective date of the ordinance adopting this section, July 25,2003. (2) "Nonconforming sign" means any sign as defined in subsection # ofthis section. (3) "Section" means Section 20.90.180 ofthis code unless otherwise defined. (c) Eligibility. Any nonconforming sign located within the City limits on the effective date of this section, or located in areas annexed to the City thereafter that does not conform to the provision of this section, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (1) A permit for the sign was obtained prior to the effective date of this section, if one was required under applicable law; or (2) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the effective date of this section. (d) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (e) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (f) Legal Nonconforming Sign Permit. (1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within sixty (60) days of notification by the City that the sign is legal nonconforming. The permit shall be issued at no fee and shall expire at the end of the applicable amortization period prescribed in Subsection (g) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner, or the owner of the property upon which the sign is located, and such other pertinent information as the Director may require ensuring compliance with the code, including proof of the date of installation of the sign. 29 Zoning Code Amendment (3) Failure to comply. A legal non conforming sign for which no permit has been issued within the sixty (60) day period shall within 6 months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties ofBMC 20.40.140. (g) Amortization. (1) In order to ease the economic impact of this code on businesses or persons with substantial investment in signs in existence on the effective date of this section, this section provides for up to five (5) or ten (10) years, as applicable, of the continued use of the nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for Federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (2) All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the effective date of this section for billboard signs and within 5 years from the effective date of this section for off-premises signs (the "amortization period"). Additionally, all signs which are made nonconforming by a subsequent amendment to the Zoning Code, Chapter 20.52 BMC, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to BMC 10.52.160, shall be discontinued, removed, or made conforming within the applicable amortization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this section through the issuance of a sign permit. A sign prohibited pursuant to BMC 20.52.040 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. Amortization is the sole method of compensation for removal of signs pursuant to this section. (3) Permitting, Removal and Amortization Exemption. The permitting, removal and amortization provision of subsections (f) and (g) ofthis section do not apply to any sign which would require the City to pay compensation for its removal under any Federal, State or other law, including Chapter 47.42 RCW, the Highway Advertising Control Act - Scenic Vistas Act. (4) Loss of Legal Nonconforming Sign Status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefore, and such nonconforming sign shall immediately lose its legal nonconforming designation when 1 or more of the following events occur: (i) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal non conforming sign is associated. (ii) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12 month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value ofthose changes, alterations or other work exceeds twenty- five (25) percent of the assessed value of that structure based on the building permit valuation tables. (iii) Abandonment or business cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one-hundred eighty (180) consecutive days. 30 Zoning Code Amendment (iv) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include enlarging the sign face, relocating the sign or replacing the sign. However, replacing any individual tenant's identification sign in either an identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (v) Change in use. There has been a change in use on the subject property as that term is defined in this chapter. (vi) Change in tenant. There has been a change in business or change in single occupancy tenant on the subject property. In connection with any multi-use or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building-mounted or free-standing signs that have triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. 20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF- WAY. (a) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, State, or Federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this section. (b) The City may allow by a Type II permit as prescribed in Chapter 20.02 BMC the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (1) The enforcement ofthis code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, State, or Federal government acquisition of property for right-of-way expansion and not by any action of the applicant: (2) The sign is not prohibited by BMC 20.52.040 and, except for location within a required setback, complies with all other requirements of this section: (3) The sign complies with the City's minimum sight distance at intersection requirements pursuant to BMC 20.52.060. (4) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. 20.52.200 REMOVAL OF SIGNS. The sign user, owner and/or owner ofthe property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be removed any such sign as required in this Section. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign located to the remedies and penalties of BMC 20.40.140. 31 Zoning Code Amendment Figure 20.52(A) Free-Standing Signs Zone Specific Size and Design Requirements Freestanding Max. Sign Type Height Monument only 8' Monument only 8' Monument only 6' No pole signs 25' Any 35' Monument only 8' Monument only 8' Any 25' Freestanding Max. Downtown & Centers Zones Sign Type Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. f1. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. 1. Maximum size is for individual freestanding signs. Total allowable freestanding sign area is based on linear street frontage per BMC 20.52.010 and 20.52.140. More than one freestanding sign may be allowable. 2. Larger signs for shopping centers or professional office complexes are allowable per BMC 20.52.100(c). 3. Larger signs for auto dealership groups are allowable per BMC 20.52.110. Commercial Zones Commercial Corridor (CC) Wheaton Way Redev. Corr. (WWRC) Neighborhood Business (NB) Limited Commercial (LC) Freeway Corridor (FC) Marine Industrial (MI) Industrial Park (IP) Industrial (I) Max. Size! 2 60 sq. ft. 60 sq, ft. 48 sq. ft. 100 sq. ft. 100 sq. tf.'. 100 sq. f1. 100 sq. ft. SECTION 5. Chapter 20.54 of the Bremerton Municipal Code entitled "Nonconforming Provisions" is hereby created to read as follows: Chapter 20.54 NONCONFORMING PROVISIONS 20.54.010 INTENT. (a) Within the zones established by Title 20 and amendments thereto, there exist lots, structures, uses of land and structures, which were lawful at the time of their establishment, but are prohibited, regulated, or restricted under the existing zone requirements. These nonconformities are declared incompatible with the zone because they do not conform to the requirements of the zone in which they are located. (b) To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building or site legally established. The intent of this Chapter is to set forth the conditions under which these nonconformities may continue to exist until such time they are discontinued as prescribed by law. 32 Zoning Code Amendment 20.54.020 ESTABLISHMENT OF A LEGAL NONCONFORMITY AND APPLICABILITY. (a) A party asserting the existence of a lawfully established nonconforming lot, use or structure has the burden of proof that the lot, use or structure was not substandard in meeting the requirements of the zone, which were in effect, at its creation. (b) The rules of this Chapter are applied by first reviewing which provisions are applicable to the nonconformity. (Does the nonconformity involve a lot, use, structure or a combination?) When a combination of nonconforming lot, structure or use exists, each segment of the nonconformity is reviewed independent of the others. Example: a legally established single-family dwelling not allowed in the zone and not meeting setback requirements would be allowed to rebuild from substantial destruction (BMC 20.54.060(e)(2)), but the new structure would have to comply with the current setback requirements (BMC 20.54.070(c)). 20.54.030 ANNEXATION. Lots, structures, uses of land and structures that were legally in existence prior to annexation to the City, but that do not conform to the requirements of the zone in which they are located following the date of annexation, shall become a legal nonconformity subject to the requirements of this Chapter. 20.54.040 Definitions The following definitions are applicable to this Chapter: (a) Nonconforming Lots: A lot that does not meet the lot area, width or street frontage requirements of the zone in which it is located, but was lawfully created prior to the effective date ofthe zone or subsequent amendments thereto. (b) Nonconforming Use: Any activity, development or condition that by the zone in which it is located is not permitted outright or as an accessory use, or is not permitted by a Conditional Use Permit or other special permitting process; but was lawfully created prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this Chapter. A nonconforming use mayor may not involve buildings or structures and may involve part of or all of a building or property. (c) Nonconforming Structure: A building or structure that does not comply with the required setbacks, height, lot coverage and other development requirements of the zone in which it is located, but was lawfully constructed prior to the effective date ofthe zone or subsequent amendments thereto and was continually maintained as defined in this Chapter. This term does not apply to any substandard condition that was legally granted a variance. (d) Substantial Destruction: For the purpose of this Chapter, substantial destruction means the repair or replacement of a building or structure, which exceeds seventy-five (75) percent of the replacement cost ofthe entire building, excluding the foundations. The replacement cost shall be derived from the market value of the structure or the value as defined by the City's building code, whichever is greater. 20.54.050 NONCONFORMING LOTS. The following provisions shall apply to all lots meeting the definition in BMC 20.54.040(a): 33 Zoning Code Amendment (a) Continuation and Development: A nonconforming lot may be developed for any use allowed by the zone provided the development meets, through design or by an approved variance, the requirements of the zone in which it is located. (b) Illegal Lot Modifications or Split: The following is applicable to all lots: (1) No lot may be modified, divided or adjusted in a manner that would violate the dimensional or area requirements of the zone in which it is located. (2) A government agency may lawfully modify a lot in a manner that would result in nonconformity, if portions of a lot are acquired for a public use or purpose, or is allowed otherwise by law. 20.54.060 NONCONFORMING USES. The following provisions shall apply to all uses meeting the definition in BMC 20.54.040(b): (a) Continuation: Any legally established nonconforming use may be continued until such time that it is discontinued as prescribed in BMC 20.54.060( d) or ( e). (b) Change of Use: A structure or property containing a nonconforming use may be changed to the following: (1) A use that conforms to the requirements of the zone; or (2) Another nonconforming use provided that: (i) A Conditional Use Permit is approved pursuant to BMC 20.58.020; (ii) The existing nonconforming use was not discontinued as prescribed in BMC 20.54.060(d) or (e); (iii) The new use is clearly a reduction in the nonconformity and intensity of the existing nonconforming use; and (iv) The applicant demonstrates that there is a demand for the use in the neighborhood that provides a public benefit. (c) Expansion: A nonconforming use may not be expanded or enlarged, except under one of following circumstances: (1) Alterations are permitted provided it is within the existing physical space of the building or use. (2) Residential dwellings may have the building area expanded ifthe number of dwelling units is not increased above or below the requirements of the zone in which it is located, there is no decrease in the number of off-street parking spaces below the minimum requirements and the addition complies with all zoning requirements. (3) The acquisition of additional accessory off-street parking is not an expansion of a nonconforming use. , (d) Discontinuation: A nonconforming use that is discontinued shall have its legal nonconforming status terminated and any subsequent use of the property or building shall be that of a use that conforms to the requirements of the zone. A nonconforming use is determined to be discontinued if any of the following circumstances apply: (I) The nonconforming use is changed to a conforming use; (2) Another nonconforming use is approved pursuant to BMC 20.54.060(b )(2); or (3) The nonconforming use has ceased for a period of more than one (1) year. 34 Zoning Code Amendment (e) Damage or Destruction: Ifa structure containing a nonconforming use experiences substantial destruction, it shall constitute a discontinuation of the nonconforming use, except the nonconforming use may be allowed to continue under any of the following circumstances: (1) The structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty. (2) The use is a detached or attached single-family dwelling located anywhere in the City. (3) A Conditional Use Permit was approved pursuant to BMC 20.54.090. (f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained if the work does not restore it from substantial destruction. 20.54.070 NONCONFORMING STRUCTURES. The following provisions shall apply to all structures and buildings meeting the definition in BMC 20.54.040(c): (a) Continuation: Any legally established nonconforming structure may be continued until such time that it is discontinued as prescribed in BMC 20.54.070(c). (b) Expansion: A nonconforming structure may be enlarged, extended or structurally altered provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development requirements of the zone in which the structure is located. (c) Damage or Destruction: A nonconforming structure experiencing substantial destruction shall be considered discontinued and have its nonconforming status terminated. Any subsequent repair or reconstruction ofthe structure shall comply with the requirements ofthe zone. (d) Partial Damage or Destruction: A nonconforming structure suffering from less than substantial destruction may have its nonconforming status suspended for a time period determined by the Director and be considered conforming for the purpose of improvements and repair, if : (1) The structure is damaged by fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty; or (2) A building permit application is submitted prior to partial destruction. The building permit must remain active and if it is allowed to expire, the legal nonconforming status shall terminate and subsequent repairs and improvements shall comply with the requirements of the zone. (3) In no case shall the nonconformity be allowed to expand. (e) Repair and Maintenance: Normal repair and maintenance work on a nonconforming structure may be performed that maintains continued safe and sanitary conditions. 20.54.080 NONCONFORMING LANDSCAPING. Uses which were lawfully established which do not conform to landscaping requirements need not provide additional landscaping, except: (a) Expansion of a Structure: If an existing structure or use is expanded, additional landscaping shall be provided in accordance with the requirements of Chapter 20.50 BMC. The 35 Zoning Code Amendment amount of additional landscaping shall be computed only to the extent of the expansion regardless of whether existing landscaping complies with the requirements. (b) Change of Use: A change to a use that requires greater amounts oflandscaping than the former use shall provide landscaping in accordance with the requirements of Chapter 20.50 BMC. The Director may modify the amount of landscaping required, if providing the required landscaping would result in a reduction of the parking below the minimum required by Chapter 20.58 BMC. ( c) Parking Lot: When an existing unpaved parking area is paved, it shall be landscaped in accordance with the requirements of Chapter 20.50 BMC. The Director may modify the amount of landscaping required, if the landscaping would result in a reduction of the parking below the minimum required by Chapter 20.58 BMC. 20.54.090 CONDITIONAL NONCONFORMING USES. (a) Unsuitable Structures for Uses: An existing structure constructed for a use no longer allowed by the zone, which has lost its legal nonconforming status, and is not suited for other uses permitted by the zone, may have its use re-established if a Conditional Use Permit is approved pursuant to BMC 20. 20.58.020, provided that: (1) The applicant demonstrates that the remaining life of the structure is adequate to warrant the proposed use of the structure; (2) The applicant demonstrates that an allowed use ofthe zone cannot be established; (3) The applicant demonstrates that there is a demand for the use in the community or region that provides a public benefit; and (4) The applicant demonstrates that the use and renovation to the structure is not inconsistent with the goals and policies ofthe Comprehensive Plan. 20.54.100 NONCONFORMING SIGNS. Refer to BMC 20.52 for regulations pertaining to nonconforming signs. 20.54.120 UNLAWFUL USES AND STRUCTURES. (a) Nothing in this Chapter shall be interpreted to be authorization for, or approval of, the continuation of the use of a structure that is in violation of any ordinance in effect at the time of the passage ofthis chapter. The intermittent, temporary, or illegal use ofland or structures shall not be sufficient to establish the existence of a nonconforming use and/ or structure. (b) Any use, structure or lot which did not comply with the zoning code requirements at the time it was established or constructed and does not comply with the current zoning code is illegal and shall be brought into compliance with the provisions ofBMC Title 20, Section III. SECTION 6. Chapter 20.58 of the Bremerton Municipal Code entitled" Land Use Permits" is hereby created to read as follows: 36 Zoning Code Amendment Chapter 20.58 LAND USE PERMITS 20.58.010 GENERAL. (a) Applicability: This Chapter contains the provisions and approval criteria for land use permits applicable to Title 20. The provisions of this Chapter are applied in conjunction with Chapter 20.02 BMC (Project Permits) in establishing the appropriate review procedures and criteria by which land use permits are reviewed and a decision rendered. (b) Fees: The corresponding application fees prescribed in the fee schedules set forth in Chapter 3.01 BMC, shall accompany applications. 20.58.020 CONDITIONAL USE PERMITS. (a) Authority: Uses listed as a conditional use may be permitted if a Conditional Use Permit (CUP) is approved. (b) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a CUP. (c) Procedure: A CUP application may be processed as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in Chapter 20.02 BMC. (1) The Director may require a Non-administrative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II Administrative CUP to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet of the property. (d) Criteria for Approval: The City shall approve a CUP only if it is found that: (1) The use is consistent with the Comprehensive Plan goals and policies; (2) The use complies with all applicable zoning and development standards and requirements; (3) The use satisfies all of the conditional use approval criteria specified in the zone in which the use is located; (4) The design of the proposal and conditions of approval has mitigated all identifiable adverse impacts; (5) The use is compatible with nearby land uses and the surrounding neighborhood in terms of the level of light and glare, noise and parking demand, hours of operation and air quality; and (6) Stipulations are made for the availability of adequate water, sewer, storm water, utilities and urban governmental services. ( e) Conditions of Approval: Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a conditional of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (f) Lapse of Approval: If the CUP is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The 37 Zoning Code Amendment Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. 20.58.030 VARIANCE. (a) Authority: The Variance is a mechanism that allows the provisions of Title 20 to be varied on a case-by-case basis. Approval of a Variance may only be granted when it is for relief from a dimensional standard when the requirement of such would result in an unusual or unreasonable hardship due to physical characteristics of the site, or due to existing improvements on or adjacent to the site. (b) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Variance. (c) Procedures: A Variance application is processed as a Type III Hearing Examiner Decision pursuant to the provisions set forth in Chapter 20.02 BMC. If the variation would not exceed ten (10) percent of the required dimensional standard from which relief is being sought, the Director may approve the Variance as a Type II Director Decision. (d) Criteria for Approval: The City may grant a Variance only if it is found that: (1) The variance will not be materially detrimental to the surrounding neighborhood and avoids adverse impacts on other properties and residences; (2) The variance is necessary to overcome exceptional or extraordinary hardship circumstances related to the size, shape, topography, location, or surroundings of the subject property, or the location of a preexisting legal nonconformity that may exist on or adjacent to the site; (3) The variance will not grant relief for a self-created hardship, or for a personal or financial hardship or inconvenience; (4) The variance will only grant the subject property the same general rights enjoyed by other properties in the same area and zoned as the subject property; (5) The variance is the minimum necessary to allow the subject property the same general rights enjoyed by other property in the same area and zone; and (6) Other solutions, uses, or design options that might achieve a similar result without the need for a Variance have been evaluated and rejected. (e) Prohibited: Under no circumstances shall a Variance be granted for any of the following: (1) To alter any definition or interpretation of this Title; (2) To alter any provision establishing a use within a zoning district; (3) To alter any procedural provisions; or (4) To alter residential density standards. (f) Conditions of Approval: Conditions may be imposed as a conditional of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (g) Lapse of Approval: If the Variance is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration of the Variance and can show good cause for granting the extension. 38 Zoning Code Amendment 20.58.040 SITE-SPECIFIC REZONE. (a) Authority: A Site-specific Rezone is a change to the zoning classification of a specific property or properties. The new zone must be consistent with the comprehensive plan and results in a change to the City's Official Zoning Map. (b) Procedures: A Site-specific Rezone application is processed as a Type IV City Council Decision pursuant to the provisions set forth in Chapter 20.02 BMC. The City Council shall act on the proposal after the Administrative Hearing Examiner holds an open-record public hearing and makes a recommendation to the City Council. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Site-specific Rezone. (d) Criteria for Approval: The City may grant a Site-specific Rezone only if it is found that: (1) The rezone is consistent with the Comprehensive Plan; (2) The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; (3) The rezone is necessary because either: (i) Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone, or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established; and (4) The rezone is in the public interest. ( e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.58.040(d)(1), approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. 20.58.050 AREA-WIDE REZONES. (a) Authority: An Area-wide Rezone is a change to zoning classifications that is not site-specific. New zoning designations must be consistent with the Comprehensive Plan and approval changes the City's Official Zoning Map. (b) Applicant: Only the City may initiate an Area-wide Rezone. (c) Procedures: These are legislative actions exempt from the requirements of Chapter 20.02 BMC. Specific procedural requirements are prescribed in Chapter 36.70A RCW. The Planning Commission conducts public hearings for area-wide rezones and makes a recommendation to the City Council. The City Council, following its own public hearing(s) may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study. (d) Notice: Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule: (1) Ten (10) calendar days for the first Planning Commission public hearing, and (2) (3) publication of notice. (4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary. Five (5) calendar days for the first City Council public hearing. Subsequent hearing dates on the same proposal do not require additional 39 Zoning Code Amendment (e) found that: Approval Criteria: The City Council may approve an Area-wide Rezone if it is (1) (2) and ordinances. (f) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.58.050(e)(1), approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. It is consistent with the comprehensive plan; and It does not conflict with other City, state and federal codes, regulations 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent and Purpose: The intent ofthe Residential Cluster Development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. The purpose of the RCD is to preserve open space, allow for innovative design and reduce impacts to sensitive environmental areas. (b) Applicability: The RCD may be applied to attached and detached single-family residential developments of three (3) or more dwellings. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a RCD. (d) Procedures: A RCD may be processed either as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in Chapter 20.02 BMC. (1) The Director may require a Non-administrative RCD whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II Administrative RCD to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet ofthe property. ( e) Scope of Approval: (1) Approval of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifications to the setbacks, height, lot area, building coverage, and development coverage may be granted. (2) Approval of a RCD shall constitute a limitation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential development is constructed, or until its approval expires in which case the previous zoning standards automatically return. (f) Development Standards: The following standards are applicable to a RCD: (1) Lot Requirements: (i) Density: The minimum and maximum density of the underlying zone shall apply. Within the Low Density Residential (R-I0) zone, the density shall be determined pursuant to the provisions in BMC 20.60.100. (ii) Minimum Lot Size: The minimum lot area is: a. Three-thousand (3,000) square feet within the Low Density Residential (R-l 0) zone. Reductions to the lot size may be allowed if an environmental sensitive 40 Zoning Code Amendment area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in BMC 20.58.060(f)(I)(i). b. Zero within other zones. (2) Height: The maximum building height ofthe underlying zone may be increased provided the height of buildings are compatible with the scale ofthe surrounding neighborhood, do not adversely affect existing scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. (3) Other Standards: Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and development coverage as prescribed in BMC 20.58.060(e)(1). (4) Perimeter Setbacks: Structures shall comply with the setbacks of the underlying zone along the outer perimeter lot lines of the site. (5) Circulation: (i) All streets within the development and rights-of-way shall be designed and constructed in accordance with the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet wide. (ii) Provisions shall be made for a functional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and activities. (iii) All streets and parking areas shall contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The provision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the Parking Requirements as set forth in Chapter 20.48 BMC. The Director may modify these standards to best meet needs and objectives of the project provided parking will not spillover into nearby neighborhoods. (6) Screening: All utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and/or other landscaping materials if their impact cannot be minimized through architectural design or orientation. (7) Open Space: (i) Open Space Designation: The remaining land not developed for a use shall be dedicated as open space. Open space areas shall be located on a separate tract or tracts and shall be developed for recreational uses or set aside to preserve environmentally sensitive areas. Open space shall not include land for streets, driveways, parking or other infrastructure improvements. (ii) Development: Facilities and other improvements that enhance recreational use may be located in an open space. A single residential detached dwelling may be allowed within an open space tract ifthe open space contains an environmentally sensitive area and development complies with all other requirements. (iii) Open Space Plan: An open space plan is required to identify all improvements, environmentally sensitive areas, significant trees pursuant to Chapter 20.50 BMC and other vegetation to be preserved. A management plan outlining maintenance responsibility shall be included as part of the plan. 41 Zoning Code Amendment (iv) Guarantee: A legal instrument approved by the City and recorded with the County Auditor, which shall include a notice on the title referencing the legal instnunent, is required. The legal instrument may include, but is not limited to the following guarantees: a. Retention of the open space per the open space plan prescribed in BMC 20.58.060(f)(4)(iii); b. Provide permanent maintenance ofthe open space and commonly owned facilities; c. Grants to or reservations for the use of property owners all open space and commonly owned facilities within the development; d. Conveyances to property owner associations or corporation; (g) Criteria for Approval: The decision making authority may grant a RCD only if it is found that: (1) The location, design, and uses are consistent with the goals and policies of the Comprehensive Plan, the Shoreline Master Program (when applicable), the City's development codes and other City plans and ordinances; (2) The residential development integrates with its surroundings and is designed to harmonize with existing or proposed developmenf in the neighborhood; (3) The traffic generated by the development can be accommodated safely and within acceptable Levels of Service for affected streets; (4) All development will adequately be served by existing or plamled facilities and services; and (5) The development makes adequate and appropriate provision for the preservation ofthe environment, both natural and man-made, and the conservation of energy. (h) Lapse of Approval: If not acted upon within two (2) years from the date of the decision, approval ofthe RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration of the RCD and can show good cause for granting the extension. 20.58.080 SITE PLAN REVIEW. (a) Authority: Site Plan Review is an evaluation of development plans to identify environmental impacts and overall compliance with applicable development regulations including zoning and engineering standards. It is a preliminary review and does not constitute approval to develop the site. (b) Applicability: Site Plan Review is required for all new development, expansion of existing structures, or other exterior site improvements that will change the physical conditions of a site. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for Site Plan Review. (d) Procedures: A request for a Site Plan Review is processed as a Type I or Type II Director's Decision pursuant to Chapter 20.02 BMC. Site Plan Review may be conducted independently or may be reviewed concurrently with a Site Development Permit set forth in BMC 20.58.090. When a Site Development Permit is not required, Site Plan Review may be consolidated with the review of a building permit application. 42 Zoning Code Amendment (e) Application Requirements: An application for a Site Plan Review shall include the following components. The Director may modify these requirements based on the size, scope and complexity of the project. (1) Vicinity Map: Showing the subject property in relation to all other properties and major structures within a two-hundred fifty (250) foot radius of the property. (2) Site Plan: Containing, but not limited to, the following information: (i) The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed. (ii) Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature. (iii) Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements. (iv) An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas", etc. ( v) All property lines, easements, fences, walls, signs, and other points of reference. (vi) Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses. (3) Parking Plan: A parking plan shall be included showing all of the parking spaces, aisles, handicapped stalls, loading spaces, motorcycle spaces, setbacks and other dimensional information necessary to evaluate the project. This information may be shown on the site plan or may be a provided in a separate plan. (4) Landscape Plan: When required, a plan showing the areas oflandscaping and street trees shall be provided. This information may be shown on the site plan or may be provided in a separate plan. (5) Storm Water Plan: When required, a storm drainage report and preliminary storm drainage plans shall accompany the application. (6) Water and Sewer Availability: A letter summarizing the utility service requirements per BMC Title 15 shall be obtained from the City Public Works Department and submitted with the application. (7) Other Reports: When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application. (8) Narrative: A written explanation of the proposal including: (i) Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; (iii) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and (iv) Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property. 43 Zoning Code Amendment (9) Maps: All maps shall be drawn to scale, legible, in a reproducible black and white format no larger than 18" x 24", and shall include a north arrow: (f) Criteria for Approval: A site plan that complies with all applicable development regulations shall be approved, or approved with conditions. 20.58.090 SITE DEVELOPMENT PERMIT. (a) Authority: A Site Development Permit shall be required prior to constructing, enlarging, demolishing a building or structure; grading, excavating or filling of earth; or other exterior site improvements that will change the physical conditions of a site. A Site Development Permit constitutes approval for those activities to develop a site not including buildings. (b) Applicability: A Site Development Permit is required for the following activities: (I) The construction of five (5) or more residential dwelling units; (2) The construction or expansion of a structure or structures of more than four-thousand (4,000) square foot gross floor area for a non-residential use or uses; (3) Any filling, grading, excavating, placing or dumping of soil, loam, peat, sand, gravel, rock, and similar materials in excess of one-hundred (100) cubic yards; (4) Any activity or use located within an environmentally sensitive area as designated in Chapter 20.14 BMC (Critical Areas); (5) Any development or redevelopment of a site that requires street frontage improvements pursuant to BMC 11.12.110; (6) Any proposal that requires an engineered storm drainage system pursuant to Chapter 15.04 BMC. (7) Construction of a non-accessory surface or structural parking lot; (8) Construction of an accessory off-street parking facility of more than twenty (20) automobile spaces; or (c) Exemptions: The following are exempt from the requirement for a Site Development Permit: (1) Forest practices other than Forest Practice IV regulated under Title 222 WAC; (2) Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way and is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program; or (3) Road and utility construction and related activities undertaken by the City's Public Works Department. (d) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Site Development Permit. (e) Procedures: A request for a Site Development Permit is processed as a Type I Director's Decision pursuant to Chapter 20.02 BMC. The review may be conducted independently or may be reviewed concurrently with a Site Plan Review. (f) Application Requirements: An application for a Site Development Permit shall include the following components. (1) Vicinity Map: Showing the subject property in relation to all other properties and major structures within a two-hundred fifty (250) foot radius ofthe property. (2) Site Plan: Contain the following information: 44 Zoning Code Amendment (i) The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed; (ii) Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature; (iii) Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements; (iv) An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas", etc; (v) All property lines, easements, fences, walls, signs, and other points of reference; 50 feet. (3) Parking Plan: Showing all existing and proposed off-street parking spaces. This may be integrated into the base site plan or shown on a separate plan. Parking plans should show all spaces, aisles, handicapped and motorcycle spaces, loading spaces, transit facilities, and parking lot access and internal circulation. It should also show dimensions of all parking areas, spaces, driveways, setbacks, and distances from curb cuts to intersection comers, and similar detail. (4) Landscape Plan: Showing details of existing vegetation to be preserved and the general planting pattern as well as the numbers and types of new plants being provided. This may be integrated into the base site plan or provided in a separate plan. (5) Elevation and/ or Perspective Drawings: Drawings showing proposed structures and other major improvements. (6) Civil Engineering Drawings: "Final" plans for street frontage improvements, circulation and street lighting. (7) Final Storm Drainage Report: Storm Drainage system meeting City engineering standards. (8) Erosion & Sediment Control Plan: Erosion control plans prepared pursuant to BMC 15.04.042. (9) Phasing: If the project is designed to be permitted and/ or constructed in phases, a site plan showing the phases of development and a written schedule of development is required. (10) Narrative: A written explanation of the proposal, including: (i) Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; (iii) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and (iv) Signatures, mailing addresses, and phone numbers of all owners of 45 Zoning Code Amendment record or agents ofthe subject property. (11) Other Reports: When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application. . (12) Plans: All maps shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow. (g) Criteria for Approval: A Site Development Permit that complies with all applicable development regulations and requirements for construction shall be approved. (h) Time Limits on Approval: Approval of a Site Development Permit shall become void if building permits are not applied for or construction has not begun within one (1) year. The expiration is automatic and notice is not given. Exterior site improvements and the exterior of all structures shall be completed within three (3) years of issuance ofthe Site Development Permit. Ifthe permit expires, a new Site Development Permit is required that meets the development standards in effect at the time a new permit is applied for. (i) Compliance Required: No person shall violate or fail in complying with an approved Site Development Permit or any conditions thereof. Nor shall a building permit be valid for any structure, which violates or fails to comply with any approved Site Development Permit for the parcel(s) on which such structure is to be located. SECTION 7. Chapter 20.74 of the BremertonMunicipal Code entitled "Business Core (BC)" is hereby created to read as follows: CHAPTER 20.74 BUSINESS CORE (BC) 20.74.010 INTENT. The intent ofthis zone is to offer well-integrated employment, shopping and residential opportunities as integral part ofthe Downtown Regional Center. Long-term surface parking and other automobile related uses are discouraged. Pedestrian-oriented day and nighttime activities are encouraged. Residential uses are highly encouraged, particularly on upper floors and around the periphery of the zone. 20.74.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Hotels and Lodging Places; (b) Residential Uses; (c) Bed & Breakfast; (d) General Retail; (e) Indoor Automobile Vehicle Sales, Service, Repair, or Car Wash; (f) Parking Structure; (g) Accessory Parking Facility; (h) Restaurant and drinking places (no drive-through facilities); (i) General Office and Business Services (j) Personal Services Business;; (k) Finance, Insurance & Real Estate; (1) Medical Offices; 46 Zoning Code Amendment (m) Art Gallery, Art Studio, Library and Museum; (n) Indoor Entertainment Use; (0) Physical Fitness and Health Club; (p) Indoor Recreational Facility; (q) Public or Private Park and Open Space; (r) Religious Worship and Related Facilities; (s) Group Residential Facilities Class I; (t) Day Care Facility; (u) Detoxification Center; (v) Welfare & Charitable Services and Facility; (w) Social Services Facility; (x) Public Administration Use; (y) Law Enforcement and Fire Facility; (z) Public and Private Schools & Education Use; (aa) Co-location of wireless communication facility per Chapter 20.56 BMC; (bb) Transportation facility; (cc) Communication! Broadcasting Facility; (dd) Water, Sewer, Storm Water and Utility Facility. 20.74.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards, unless allowed for by law otherwise: (a) There is no maximum density; (b) Maximum height is pursuant to Figure 20.74(A); ( c) Maximum front yard setback is 10 feet; (d) There are no minimum requirements for front, side or rear yard setbacks, building coverage, development coverage, lot size or lot width. 20.74.070 DESIGN STANDARDS. (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. (b) Landscaping: Landscaping shall be provided in accordance with the following standards: (1) Street trees shall be provided at no less than three (3) trees per one- hundred (100) linear feet of lineal street frontage. Performance standards shall be pursuant to BMC 20.50. (2) Surface parking areas, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination oftrees (with no fewer than three (3) trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches and no higher than thirty (30)-inches may be substituted for shrubs. (c) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. 47 Zoning Code Amendment (d) Building Fac;ade: Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fayade approximately fifteen (15) feet in height above the street grade. ( e) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (t) Change of Use or Rehabilitation of Existing Building: When an existing building or structure is remodeled, improved or has a change in use or tenancy, it shall be exempt from off-street parking and landscaping requirements provided that: (1) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48; (2) Interior alterations within the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and (3) Existing site improvements and! or the building create such a restriction on the land that landscaping and parking cannot be reasonably accommodated. 20.74.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. 20.74.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 8. Chapter 20.75 ofthe Bremerton Municipal Code entitled "Downtown Core" is hereby created to read as follows: CHAPTER 20.75 DOWNTOWN CORE 20.75.010 INTENT The intent of this zone is to focus commercial, entertainment, cultural, civic uses and urban residential into an intense, compact, walkable area served by public transit. 20.75.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Finance, insurance and real estate; (b) General retail; (c) Restaurants and drinking places; (d) General office and business services; (e) Personal service business; (t) Entertainment, museum, and cultural; (g) Government and education; (h) Residential and hotels and lodging places; (i) Religious worship and related facilities; 48 Zoning Code Amendment (j) Parks and open space; (k) Structured parking. 20.75.030 PROHIBITED USES. The following uses are specifically prohibited: (a) Light and heavy industrial/ manufacturing uses; (b) Drive-through Facilities; ( c) Automobile sales, service, repair or car wash; (d) Storage of equipment and materials; ( e) Adult entertainment; (f) Work release facilities; (g) Commercial surface parking lots, not serving a permitted use. 20.75.040 DEVELOPMENT STANDARDS. (a) Development shall comply with the following Floor Area Ratio, which is the Net Floor Area divided by the Lot Area: (1) The Floor Area Ratio of all residential uses shall not exceed two (2); (2) The Floor Area Ratio of all non-residential uses shall not exceed one (1); (3) The Floor Area Ratio of residential uses may be increased to six (6) when an amenity is provided pursuant to BMC 20.75.050 (4) The Floor Area Ratio of non-residential uses may be increased to three (3) when an amenity is provided pursuant to BMC 20.75.050. (5) All new development shall have a minimum Floor Area Ratio of one (1). (6) For the purpose ofthis Chapter, hotels shall be considered residential uses. (7) The Floor Area Ratio for nonresidential uses and residential uses within a given development are individually calculated for each use and may be added together for a combined maximum; provided, that the maximum allowable Floor Area Ratio for each use is not exceeded. (Example: A project that includes special amenities may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4) in residential use.) (8) For the purpose of this Chapter, Net Floor Area is the amount of floor area within a building as measured to the inside face of the exterior building walls, excluding the following: (i) Spaces below grade; (ii) Space devoted to parking; (iii) Mechanical spaces; (iv) Elevator and stair shafts; (v) Space used for retail uses or restaurants that front the sidewalk; (vi) Space devoted to special amenities; (vii) Exterior decks open to the air. (b) Maximum building height is pursuant to Figure 20.74(A). For the purpose ofthis Chapter, the maximum building height may exclude: (1) Parapets; (2) Mechanical penthouses and elevator overruns and machine rooms; and (3) Roof forms and decorative elements not intended for occupancy. 49 Zoning Code Amendment 20.75.050 AMENITIES FOR MAXIMUM FLOOR AREA RATIO. A special amenity is required to be provided whenever a proposed development increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC 20.75.040. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. One of the following may meet the requirement for a special amenity: (a) Exterior Public Space: That meets the following design standards: (1) The space is at least ten (10) percent ofthe site area; (2) Seating is provided at one space for each one-hundred (100) square feet of area; (3) Incorporates a variety of trees and other plantings; (4) Includes art or water features; (5) Has solar exposure during the summer; and (6) Provides access and visibility from the nearest public sidewalk. (b) Public Benefit: Consisting of at least one of the following: (1) Meeting room( s) available to the public; (2) Day care; (3) Museum; or (4) Performing arts theatre. (c) Work of Art or Water Feature: That meets the following requirements: (1) The feature is location in an area that is visible to the public at all times (2) The cost ofthe item(s) is equivalent to at least one (1) percent of the building permit value for the project including site improvements; (3) A work of art consisting of an original, artist-produced creation such as: (i) Murals; (ii) Sculptures; (iii) Paintings; (iv) Inlays; (v) Friezes; (vi) Mosaics; and/ or (vii) Tile work. 20.75.070 DESIGN STANDARDS (a) RoofTop Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture ofthe building and is at least as high as the equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable. (b) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (c) Building Fa~ade: (1) Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fayade approximately fifteen (15) feet in height above the street grade. 50 Zoning Code Amendment (2) Any sidewalk level facade that faces any downtown street shall have at least thirty-five (35) percent of the facade area in transparent glass windows. (d) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (e) Primary Pedestrian Streets: All development west of Washington Avenue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall additionally meet the following standards: (1) Building facades shall abut the sidewalk, except entrance areas may be recessed. Furthermore, buildings may be set back to accommodate exterior public spaces pursuant to BMC 20.76.050. (2) At least fifty (50) percent of the linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries; and (3) At least seventy-five (75) percent of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. 20.75.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set for in Chapter 20.48 BMC, the automobile off-street parking spaces shall be provided in accordance to the following standards: (a) Non-residential uses shall provide at least one (1), but not more than four (4), off- street parking space per one-thousand (1,000) square feet of gross floor area. (b) Residential uses shall provide at least one-half (0.5) off-street parking space per one-thousand (1,000) square feet of gross floor area. (c) The first three-thousand (3,000) square feet of gross ground floor retail area shall be exempt from off-street parking requirements. 20.75.090 LANDSCAPING. For the purpose ofthis Chapter, landscaping shall be provided in accordance with the following standards: (a) Street trees shall be provided with no fewer than three (3) trees per one-hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. (b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination oftrees (with no fewer than three (3) trees per one- hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs. (c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper oftwo and one-half (2 1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. 51 Zoning Code Amendment 20.75.100 CHANGE OF USE OR REHABILITATION OF EXISTING BUILDING. When an existing building or structure is remodeled, improved or a change in use or tenancy occurs, it shall be exempt from off-street parking and landscaping requirements provided that: (a) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48.020( c); (b) Interior alterations to the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and 20.75.110 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. SECTION 9. Chapter 20.76 ofthe Bremerton Municipal Code entitled "Downtown Waterfront" is hereby created to read as follows: CHAPTER 20.76 DOWNTOWN WATERFRONT 20.76.010 INTENT. The intent of this zone is to provide for an array of uses related to the water, multi-modal transportation facilities, view corridors, public access and residential. 20.76.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) General retail, including marine retail; (b) Restaurants and drinking establishments; ( c) Hotels and lodging places; (d) Residential; (e) Transportation facilities; (f) Parks and open spaces; (g) Structured commercial parking with other permitted use; (h) General office and business services comprising no more than twenty-five (25) percent of the total gross floor area of a mixed-use development. 20.76.030 PROHIBITED USES. The following uses are specifically prohibited: (a) Light and heavy industrial/ manufacturing uses; (b) Drive-through Facilities; ( c) Automobile sales, service, repair and car wash; (d) Storage of equipment and materials; ( e) Adult entertainment; ( f) Work release facilities; (g) Commercial surface parking lots, not serving a permitted use; (h) Boat sales, storage and repair; 52 Zoning Code Amendment (i) Stand-alone commercial parking not serving a permitted use. 20.76.040 DEVELOPMENT STANDARDS. (a) Development shall comply with the following Floor Area Ratio, which is the Net Floor Area divided by the Lot Area: . (1) The Floor Area Ratio of all residential uses shall not exceed one (1); (2) The Floor Area Ratio of all non-residential uses shall not exceed one-half (0.5); (3) The Floor Area Ratio of residential uses may be increased to two (2) when an amenity is provided pursuant to BMC 20.76.050 (4) The Floor Area Ratio of non-residential uses may be increased to one (1) when an amenity is provided pursuant to BMC 20.76.050. (5) For the purpose of this Chapter, hotels shall be considered residential uses. (6) The Floor Area Ratio for nonresidential uses and residential uses within a given development are individually calculated for each use and may be added together for a combined maximum; provided, that the maximum allowable Floor Area Ratio for each use is not exceeded. (Example: A project that includes special amenities may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4) in residential use.) (7) For the purpose ofthis Chapter, Net Floor Area is the amount of floor area within a building as measured to the inside face of the exterior building walls, excluding the following: (i) Spaces below grade; (ii) Space devoted to parking; (iii) Mechanical spaces; (iv) Elevator and stair shafts; (v) Space used for retail uses or restaurants that front the sidewalk; . (vi) Space devoted to special amenities; (vii) Exterior decks open to the air. (b) Maximum building height is pursuant to Figure 20.74(A). For the purpose of this Chapter, the maximum building height may exclude: (1) Parapets; (2) Mechanical penthouses and elevator overruns and machine rooms; and (3) Roof forms and decorative elements not intended for occupancy. (c) View Corridors shall be provided pursuant the requirements of the Shoreline Master Program. 20.76.050 AMENITIES FOR MAXIMUM FLOOR AREA RATIO. A special amenity is required to be provided whenever a proposed development increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC 20.76.040. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. One of the following may meet the requirement for a special amenity: (a) Exterior Public Space: That meets the following design standards: (1 ) The space is at least ten (10) percent ofthe site area; (2) Seating is provided at one space for each one-hundred (100) square feet of area; 53 Zoning Code Amendment (3) Incorporates a variety of trees and other plantings; (4) Includes art or water features; (5) Has solar exposure during the summer; and (6) Provides access and visibility from the nearest public sidewalk. (b) Public Benefit: Consisting of at least one of the following: (1) Meeting room(s) available to the public; (2) Day care; (3) Museum; or (4) Performing arts theatre. (c) Work of Art or Water Feature: That meets the following requirements: (1) The feature is location in an area that is visible to the public at all times (2) The cost ofthe item(s) is equivalent to at least one (1) percent of the building permit value for the project including site improvements; (3) A work of art consisting of an original, artist-produced creation such as: (i) Murals; (ii) Sculptures; (iii) Paintings; (iv) Inlays; (v) Friezes; (vi) Mosaics; and/ or (vii) Tile work. 20.76.070 DESIGN STANDARDS. (a) RoofTop Screening: Either a high parapet, ora stepped or sloped rooffonll, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable. (b) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. ( c) Building Fa~ade: (1) Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fa<;:ade approximately fifteen (15) feet in height above the street grade. (2) Any sidewalk level facade that faces any downtown street shall have at least thirty-five (35) percent of the facade area in transparent glass windows. (d) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (e) Primary Pedestrian Streets: All development west of Washington Avenue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall additionally meet the following standards: 54 Zoning Code Amendment (1) Building facades shall abut the sidewalk, except entrance areas may be recessed. Furthermore, buildings may be set back to accommodate exterior public spaces pursuant to BMC 20.76.050. (2) At least fifty (50) percent ofthe linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries; and (3) At least seventy-five (75) percent of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. 20.76.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set for in Chapter 20.48 BMC, the automobile off-street parking spaces shall be provided in accordance to the following standards: (a) Non-residential uses shall provide at least one (1), but not more than three (3), off-street parking space per one-thousand (l,000) square feet of gross floor area. (b) Residential uses shall provide at least one-half (0.5) off-street parking space per one-thousand (l,000) square feet of gross floor area. (c) The first three-thousand (3,000) square feet of gross ground floor retail area shall be exempt from off-street parking requirements. 20.76.090 LANDSCAPING. For the purpose of this Chapter, landscaping shall be provided in accordance with the following standards: (a) Street trees shall be provided with no fewer than three (3) trees per one-hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-112) inches at the time of planting. (b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination oftrees (with no fewer than three (3) trees per one- hundred (l00) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs. (c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-112) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. 20.76.100 CHANGE OF USE OR REHABILITATION OF EXISTING BUILDING. When an existing building or structure is remodeled, improved or has a change in use or tenancy, it shall be exempt from off-street parking and landscaping requirements provided that: (a) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48.020( c); (b) Interior alterations to the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and 55 Zoning Code Amendment 20.76.110 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. SECTION 10. Chapter 20.79 of the Bremerton Municipal Code entitled "Multiple Residential (MR)" is hereby created to read as follows: CHAPTER 20.79 MUL TIPLE RESIDENTIAL (MR) 20.79.010 INTENT. The intent of Multiple Residential (MR) zone district is to support the Downtown Regional Center with opportunities for high density residential use. Attached multifamily units are encouraged to take advantage ofthe unique views and nearby amenities such as shorelines, recreational opportunities, or access to ferries and transit. There is an intentional reduction in parking requirements and an increase in building coverage to accommodate high density pedestrian-oriented development in this most accessible of neighborhoods. 20.79.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Residential use. Residential uses include: (1) Single-unit Dwelling Unit - Detached; (2) Single-unit Dwelling Unit - Attached (zero lot lines); (3) Townhomes; (4) Multi-unit dwelling units; (5) Foster Home; (6) Day Care Facility (12 or fewer persons receiving care); (7) Group Residential Home; (b) Underground water, sewer, storm water and utility facilities; (c) Co-location of wireless communication per Chapter 20.56 BMC. 20.79.030 ACCESSORY USES. Permitted accessory uses are those set forth in BMC 20.60.040 (Low Density Residential R-10 zone). 20.79.040 CONDITIONAL USES The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided the conditional use complies with the corresponding standard as listed in BMC 20.60.050: (a) Bed & breakfast; (b) Class I group residential facilities; ( c) Senior housing complex; (d) Nursing / convalescent home; (e) Day care facilities (more than 12 persons receiving care); (f) Religious worship & related facilities; (g) Schools, parks and associated facilities of the types set forth in BMC 20.60.050(j). 56 Zoning Code Amendment 20.79.060 DEVELOPMENT STANDARDS (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density; (i) Maximum: No limit; (ii) Minimum: 5 dwelling units per acre; (2) Setbacks; (i) front yard setback: 10 feet; (ii) side yard setback: 5 feet; (iii) rear yard setback: 10 feet; (3) Minimum lot area: 3,000 square feet; (4) Maximum height: 50 feet; (5) Maximum lot coverage. 80 percent; (b) The following standards shall apply to garages attached to single family units and to detached accessory structures: (1) The maximum garage/carport (attached or detached) area shall be 500 square feet of gross floor per unit plus 10 percent of gross floor area of a principal residential use; (2) Maximum area of all accessory structures, including attached and detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010,50 percent of the gross floor area ofthe principal use or 500 square feet, whichever is greater, subject to maximum lot coverage standards; (3) Maximum height of detached accessory structures (including garages). Not to exceed the height of the principal structure; (4) Setback of detached accessory structures. Per BMC 20.44.060; (5) When the garage vehicle door entrance faces the street, it shall have a front yard setback of at least 20 feet, except as provided in BMC 20.44.020 (Traditional Front Yard Setbacks). 20.79.080 PARKING REQUIREMENTS Off-street parking shall be provided in accordance with Chapter 20.48 BMC, except as follows: (a) Minimum parking requirement. One space per unit; (b) Access to parking shall be provided from the adjacent public facilities per the following priority: (1) First, from an alley if available; (2) If an alley is not available, from a non-arterial street, if available; (3) If neither an alley nor a non-arterial street are available, from an arterial; ( c) The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list; (d) Driveways providing access to parking shall be well marked; ( e) Reduction in number of required parking spaces. The Director may reduce the number of required parking spaces on a site by up to ten when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: 57 Zoning Code Amendment (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses; (2) When a use is non-conforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. 20.79.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of Chapter 20.50 BMC. 20.79.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 11. Chapter 20.90 ofthe Bremerton Municipal Code entitled "Industrial Park (IP)" is hereby created to read as follows: CHAPTER 20.90 INDUSTRIAL PARK (IP) 20.90.010 INTENT. The intent of the Industrial Park zone is to provide an environment for and conducive to a broad range of existing and future light industrial, office, and large retail uses. The Industrial Park zone ensures a well planned complex with attention to landscaping and architectural features. Site design in the Industrial Park zone ensures compatibility with neighboring less intense uses, and provides a high quality environment for the conduct of business. 20.90.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Light industrial/ manufacturing; (b) Warehousing; ( c) General office and business services; (d) Finance insurance and real estate; (e) Medical offices; (f) General and large retail; (g) Automobile service and repair; (h) Car wash; (i) Gas station; U) Physical fitness & health clubs; (k) Outdoor storage; (1) Nursery & greenhouse; (m) Restaurants (n) Drive-through facilities and drive-through lanes; (0) Recycling collection station; (p) Kennel; (q) Day care facility; (r) Outdoor athletic fields, and sports complexes; (s) Schools & education uses; (t) Community uses; 58 Zoning Code Amendment (u) Worship, religious & church facility; (v) Entertainment uses; (w) Public administration uses; (x) Public facilities; (y) Transportation facilities; (z) Wireless telecommunications facilities per Chapter 20.56 20.90.040 CONDITIONAL USES. Uses in the following categories may be permitted in the Industrial Park zone through a Conditional Use Permit pursuant to BMC 20.40. (a) Heavy industrial/manufacturing provided: (1) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights of way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equipment areas are elements with potential to negatively impact visual character. (2) No odor, dust or smoke bi-product will be clearly detectable on any abutting commercial or residential lot; (3) All standards of the Noise Levels Ordinance, Chapter 6.32 BMC are met; (4) No unshielded light or glare will be visible during periods of darkness in a residential zone. 20.90.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (a) Front yard setback: Fifteen (15) feet, except twenty (20) from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (b) Side yard setback: ten (10) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. ( c) Rear yard setback: ten (10) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (d) Maximum building height: fifty (50) feet, provided that where abutting a residential zone structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet; (e) Maximum building coverage: Eighty-five percent (85%) provided all setbacks and landscape requirements are met. (f) Maximum development coverage: Eighty-five (85%) provided all setbacks and landscape requirements are met. 20.90.070 DESIGN STANDARDS. Development in the Industrial Park zone shall meet the following standards: (a) Outdoor storage areas shall be screened from all adjacent property lines with one of the following types: (l) A solid view-obscuring wall at least eight (8) feet in height; (2) A densely-planted, view-obscuring evergreen shrub or hedge at least eight (8) feet in height, and thirty (30) inches in depth; 59 Zoning Code Amendment (b) Outdoor storage of materials exceeding fifteen (15) feet in height shall not be located within thirty-five (35) feet of any property line. ( c) Drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. 20.90.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20.48 BMC. 20.90.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards ofBMC 20.50, or as otherwise modified by the following requirements: (a) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall shall be provided; (b) For each twenty (20) parking stalls one (1) tree shall be installed within a landscaped area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC. 20.90.100 SIGNS STANDARDS Signs shall meet the standards of Chapter 20.52 BMC, except free standing signs shall be limited to monument signs that do not exceed eight (8) feet in height and one-hundred (100) square feet in area. SECTION 12. Chapter 20.92 ofthe Bremerton Municipal Code entitled "Employment Center (EC)" is hereby created to read as follows: CHAPTER 20.92 EMPLOYMENT CENTER (EC) 20.92.010 INTENT. The intent of the Employment Center zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the Center, thereby reducing home to workplace commute trips. Employment centers create large numbers of jobs in uses to include office and services. 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) General office and business services; (b) Medical offices; (c) Finance insurance and real estate (no drive-through facilities); (d) General retail (no drive-through facilities); (e) Restaurants and drinking places (no drive-through facilities); (f) Personal service business; (g) Residential uses of the following types: (1) Single unit structure - attached or detached; 60 Zoning Code Amendment (2) Townhouse; (3) Multi-unit structure; (4) Group residential facility - Class I; (5) Nursing convalescent Home; (6) Senior housing complex; (h) Hotels and lodging places; (i) Physical fitness and health clubs; G) Community uses; (k) Worship, religious and church facility; (1) Day care facility, all; (m) Public administration uses; (n) Schools and education uses; (0) Outdoor athletic fields and parks; (p) Public facilities; (q) Transportation facilities; (r) Wireless telecommunications facilities per Chapter 20.56 BMC. 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the following standards: (a) Minimum density for residential uses: Fifteen (15) dwelling units / acre; (b) Side yard setback: none, except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (c) Rear yard setback: none, except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (d) Front yard setback requirements: none, except that for residential uses with garages facing a public right of way, the garage shall have a setback five (5) feet greater than that of the principal structure; (e) Maximum building coverage: Sixty-five percent (65%) base maximum, provided that through the use of any combination of the following, development coverage may be increased to a maximum of eighty-five percent (85%); (1) Projects with two or more stories: Ten percent (10%) bonus; (2) Projects containing mixed uses: Ten percent (10%) bonus; (3) Projects incorporating at least fifty percent (50%) of required parking underground or within the structure: Twenty percent (20%) bonus; (f) Maximum building height: Eighty (80) feet for residential uses, and Sixty (60) feet for non-residential uses. 20.92.070 DESIGN STANDARDS. (a) Blank facades. The horizontal dimension of any structure facing the perimeter of the site along a public right of way shall provide one of the following visual treatments for a width of twenty (20) feet at intervals not to exceed one-hundred (100) feet: (1) An offset with a minimum depth of five (5) feet; (2) A faryade material, texture or color that is visually different and distinct from that of the base material, texture or color; 61 Zoning Code Amendment (b) Structures containing general retail uses, restaurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any falj:ade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five percent (65%) of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a canopy or overhang extending at least five (5) feet over the sidewalk in the entrance area. 20.92.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC except as modified by the following: (a) Required parking for a non-residential use may be reduced by twenty percent (20%) if the project is within 1,300 feet of designated transit oriented development; (b) Parking for residential uses shall not exceed two (2) spaces per residential unit; (c) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall shall be provided; (d) For each twenty (20) parking stalls one tree shall be installed within a landscaped area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC. 20.92.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC, and the following requirements. (a) Where a side or rear lot line of a non-residential use is adjacent to a residential zone, screening with the following characteristics shall be provided: (1) A solid, view-obscuring wall or fence 6' in height; (2) A landscaped bed at least 5 feet in depth abutting the solid wall on the side facing the residential zone; 20.92.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC, except that all free standing signs shall be limited to monument signs not exceeding eight (8) feet in height and sixty (60) square feet in area. SECTION 13. Chapter 20.94 ofthe Bremerton Municipal Code entitled "Industrial" is hereby created to read as follows: CHAPTER 20.94 INDUSTRIAL (I) 20.94.010 INTENT. The intent of the industrial zone is to accommodate light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large scale and/or heavy industries in a manner that reduces impact to the community while meeting industry's needs for easy access, large sites, and locations that do not cause conflicts with residential and other less intense use areas. 62 Zoning Code Amendment 20.94.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Heavy Industrial/ Manufacturing; (b) Light Industrial/ Manufacturing; ( c) Warehousing; (d) General office and business services over 5,000 gross sq. ft. (e) Automobile Service & Repair; (f) Car wash; (g) Gas station; (h) Outdoor storage; (i) Nursery & Greenhouse; G) Recycling collection station; (k) Kennel; (1) Outdoor athletic fields; (m) Stadiums & sports complexes; (n) Public facilities; (0) Transportation facilities; (p) Wireless communications facilities per Chapter 20.56 BMC. 20.94.030 CONDITIONAL USES. Uses in the following categories may be permitted in the Industrial zone through a Conditional (Special) Use Permit pursuant to Chapter 20.40 BMC: (a) Junk yard provided; (1) The use is not adjacent to a residentially zoned lot; (2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub to a height often (10) feet is provided along all lot lines; (b) Adult business as defined in Chapter 20.02 BMC; (c) Group Residential Facility Class II provided the facility will not create an operational conflict with the efficiency of large-scale industrial uses. 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless otherwise allowed by law: (a) Front yard setback. Ten (10) feet, except twenty (20) feet where abutting or across a public right of way from a residential zone; (b) Side yard setback. None except twenty (20) feet where abutting a residential zone; (c) Rear yard setback. None except twenty (20) feet where abutting a residential zone; (d) Maximum building coverage: None except all setbacks and landscaping standards shall be met. ( e) Maximum development coverage: none except all setbacks and landscaping standards shall be met; (f) Maximum building height: Fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, provided setback requirements are met. 63 Zoning Code Amendment (g) Where abutting a residential zone structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet. 20.94.080 PARKING REQUIREMENTS. Off street parking shall be provided in accordance with Chapter 20.48 BMC. 20.94.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided per the requirements set forth in Chapters 20.50 BMC, or as otherwise modified in this section. (a) Where a heavy industrial/manufacturing use is abutting a residentially zoned lot, including across an alley or public right of way from a residentially zoned lot, a landscape buffer consisting of the following features shall be provided: (1) A solid, view-obscuring wall or fence eight (8) feet in height; (2) A landscaped strip installed and maintained by the industrial use, at least five (5) feet in depth adjacent to the solid wall on the side facing the residential zone. 20.94.100 SIGN STANDARDS. Signs shall meet the requirements set forth in Chapter 20.52 BMC. SECTION 14. Chapter 20.96 ofthe Bremerton Municipal Code entitled "City Utility Lands (CUL)" is hereby created to read as follows: CHAPTER 20.96 CITY UTILITY LANDS (CUL) 20.96.010 INTENT. The intent ofthe City Utility Lands (CUL) zone is to preserve resource-related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. The zone will accommodate some limited commercial and recreational activities, which adhere to a high standard of environmental best management practices, and low impact development. 20.96.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Public utilities functions and activities, and non-residential structures necessary to execute such functions and activities; (b) Hydropower activities and facilities; (c) Wireless telecommunications facilities per Chapter 20.56 BMC; (d) Groundwater development and aquafier protection; (e) Forest and wildlife management activities and forest practices; (f) Educational and resource activities compatible with forest resources; 20.96.030 ACCESSORY USES. The following accessory uses may be permitted: (a) Caretaker's residence associated with a permitted use; (b) Temporary quarters associated with a permitted use. 64 Zoning Code Amendment 20.96.040 CONDITIONAL USES. A Conditional Use Permit, approved pursuant to BMC 20.46.010 may permit the following uses. The conditional use permit may allow modifications to parking, landscaping and other development requirements necessary to mitigate environmental impacts. (a) Residential development provided: (1) The project consists of attached or detached single-unit dwelling units, townhouses, or senior housing complex; (2) The location does not interfere with City public utility functions and activities; (3) The location is adjacent to an existing recreational or residential use; (4) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Preservation of significant trees; (iii) Clustered development; (iv) Minimization of impervious surfaces; (5) Maximum density shall be ten (10) dwelling units per acre, except twenty (20) dwelling units per acre for senior housing complexes; (6) Development standards per the low density residential zone, BMC 20.60.070 (a)(2) through 20.60.070(d) are met; (b) Passive outdoor public recreation such as trails: (1) The location does not interfere with City public utility functions and activities; (2) The location is adjacent to an existing recreational or residential use; (3) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Identification and preservation of significant trees; (iii) Minimization of impervious surfaces. 20.96.060 DEVELOPMENT STANDARDS. Development standards for Conditional Uses shall be pursuant to the criteria set forth in BMC 20.96.040. 20.96.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements: (a) Parking may not exceed two stalls per residential dwelling unit; (b) On-site parking requirements for a permitted or a conditional use may be reduced by up to forty percent (40%) provided it can be demonstrated through a parking analysis that the reduction would decrease impervious surface area, and the reduction would not cause parking to spill over into adjacent areas. 65 Zoning Code Amendment 20.96.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation. 20.96.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. SECTION 15. Chapter 20.97 of the Bremerton Municipal Code entitled "Watershed (WS)" is hereby created to read as follows: CHAPTER 20.97 WATERSHED (WS) 20.97.010 INTENT. The intent ofthe Watershed (WS) zone is to protect the Bremerton public water supply by controlling activities and maintaining high water quality at the source, consistent with State and Federal regulations. It is further intended to maintain strict control of access to and activities within the Union River drainage to allow the Union River wafer supply source to continue in its unfiltered status. 20.97.020 OUTRIGHT PERMITTED USES The following uses are permitted: (a) Public utilities functions and activities related to the monitoring and distribution of potable water; (b) Hydropower activities and facilities; (c) Forest and wildlife management activities, and forest practices; (d) Educational and resource activities compatible with public water supply; ( e) Groundwater development and aquafier protection; (f) Location of wireless telecommunications facilities per Chapter 20.56 BMC; 20.97.030 ACCESSORY USES The following accessory uses may be permitted: (a) Caretaker's residence or gate guard associated with an outright permitted use; (b) Non-residential structures necessary for the execution of an outright permitted use; (c) Temporary quarters associated with an outright permitted use. 20.97.060 DEVELOPMENT STANDARDS Development shall be in accordance with the following standards: (a) All developments shall minimize the amount of impervious surface to that necessary to execute a permitted use; (b) Sustainable development and best environmental management practices shall be employed to minimize environmental impacts such as: (1) Low impact stormwater management and natural drainage; (2) Identification and preservation of significant trees; 66 Zoning Code Amendment (3) Minimization of impervious surfaces. 20.97.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20.48 BMC, except required parking may be reduced or waived by the Director in the Watershed zone in order to reduce impervious surface area. 20.97.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation. 20.97.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 16. Chapter 20.98 of the Bremerton Municipal Code entitled "Institutional (INST)" is hereby created to read as follows: CHAPTER 20.98' INSTITUTIONAL (INST) 20.98.010 INTENT. The intent of the Institutional Zone (INST) is to provide for continued operation and facilitate managed growth of existing major institutions within the City. Institutions in the zone shall also be compatible with surrounding neighborhoods. Major institutions include the Olympic College Campus, and the Harrison Hospital. 20.98.020 OUTRIGHT PERMITTED USES The following uses are permitted: (a) Hospitals; (b) Medical offices and clinics; ( c) Higher education and colleges; (d) Schools and education uses; ( e) General office and business services; (f) Residential uses ofthe following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; (3) Senior housing complex; (g) Community uses; (h) Worship, religious and related facilities; (i) Welfare and charitable services and facilities; (j) Day care facilities, all; (k) Public administration uses; (1) Public facilities; (m) Restaurants without (no drive-through facilities); (n) General retail associated with an institution (no drive-through facilities); 67 Zoning Code Amendment (0) Outdoor athletic fields and parks; (p) Transportation facilities; (q) Parking as a principal use; (r) Location of wireless telecommunications facilities per BMC 21.02.335. 20.98.030 ACCESSORY USES. Any subordinate use with a direct connection to or association with the core functions of a higher education college or a hospital may be permitted by the director as an accessory use. 20.98.060 DEVELOPMENT STANDARDS Development shall be in accord with the following standards: (a) Front setback: None except ten (10) feet where adjacent to any lot not within the Institutional zone; (b) Side yard setback: None, except twenty (20) feet where adjacent to any lot not within the Institutional zone; (c) Rear yard setback: None, except twenty (20) feet where adjacent to any lot not within the Institutional zone; (d) Maximum height: Eighty-five (85) feet provided all upper level setback requirements are met; (e) Upper level setbacks: where adjacent to any lot not within the Institutional zone structures shall be set back one (1) additional foot for each additional foot of height above thirty- five (35) feet. 20.98.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20.48 BMC. 20.98.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of Chapter 20.50 BMC. 20.98.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 17. Effective Date ofZoninf< Provisions. The provisions contained in Sections 1 through 16 of this ordinance shall become effective upon the effective date of the ordinance adopting the Official Zoning Map implementing the zoning classifications contained in said Sections. SECTION 18. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion ofthis ordinance and the same shall remain in full force and effect. 68 Zoning Code Amendment SECTION 19. 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 , 2005 DAREN NYGREN, Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2005 ,2005 R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Package 4\Package 4 Ordinance. doc 69 Zoning Code Amendment Figure r.. ~ ~ 1)1 ZOo 't~Ci3) PARKING LOT IVIINIlVH..-TM DESIGN REQUlREl\1ENTS STANDAHD PARKING LOTS COMMUTER PARKING LOTS Min. Min. Min. Aisle width Min. Min. Min. Aisle P APJ:ING STALL, STALL, STALL STALL vlidth l\NGLE WIDTIJ DEPTH 1- v/ ay 2-Way WIDTH DEPTH I-Hal' 2-Way 0 22 ' 0" 8 ' 0" la' 0" 18' 0" 22' 0" 8' 0" ID' 0" 18' 0" 30 8' 6" 17' 0" 12' 0" 20' 0" 8' 6" 16' B" 12' 0" 20' 0" 45 8' 6" 17' 4" 12' ')" la' 0" 8' 6" 17' 0" 12 I 3" 20' 0" J 50 8' 6" 18' 0" 12' 9" 20' 0" 8' 6" 17' 8" 12 ' 9" 20' 0" 55 8' 6" 18' 6" 13' 3" 20' 0" 8' 6" 18' 3" 13' 3" 20' 0" 60 8' 6" 18 '10" 14' 3" 20' 0" 8' 6" 18' 5" 14' 3" 20' 0" 65 8' 6" 19' 0" 15' 2/t 21' 0" 8' 6" 18' 8" 15' 2" .., ~ , 0" L...L 70 8' 6" 19' 2u 16' 0" 21' 6" 8' 6" 18' 9" 16' A.. 21 ' 6" 75 8' 6" 19' 0" 17' 6" 22' 0" 8' 6" 18' B" 17' 6" ....., , 0" .:...:. 90 8' 6" 17'11" ")"l' 6" 22' 6" 8' G" 17' 6" 22 ' 6" 22' 6" ~<. - A B C D D B C D D ~C___D-+~C_ ^ ~ Parking Angle B .. Stall width C "" Stall Depth o - Aisle width Titk21 J\Dpendi:.:: 610(a)-1 '. ..... ;1 .. " ....., , .. , : ~ -c.. ..... .: ......:i ... EXHIBIT: Ordinance # Figure # 2:0, -riTr_ .... Downtown Regional Center Maximum Building Heights .. .. . if... ," \i;;.. '.... r~ ~,..' 'm rLI! j ......... ~ . [,I... .,. ..... ......... "...... : ..,.. ,." .', ,..... ': . ",... i.. i.m r c,... "."h..l.....,...'~. i...... ?.., ~h :"">T '.... , ,..11,.T .... :'.' .'.\"'1: IT fi rT' ,..'........ I ir. . ....T't'l'''r,. in" , i, ....,... itl ill'. I. ... !T\;~i T'i !! " ..... .:_~ '.....,... ... .F ! i " : Ii '- -. ,,!~ 5- .l! , "II" .... i' h'!T!! n) j if!i !fi! ....~Il':;<l~ ' , . - .....'..... aT . ...,.1 :.:mrT ,,1m ~ .....,.. .....j ..'.j ilT :..... ...' .....:...... i Iii I . ....... I' .... .... :J .... III +- '- ~ [,I r '" '>il1 iT !if i : 1 ",-- _11 Iii.. i i i I · i ! !IJ Iliff LI ITI Hillll !l" j ~~t~~jl -h hI :/'';Hltf rjJ * , II. ..... ... .. IU1..1 ;[ I_"'! .11) !. _ fiQi , I~>_ TT r H .. \ 4tn :::it. iLL ,.)< .. ii, 1 "~Ji I '.LL! Ii II II'r I Ii' q ] [It L .........1 .J.' I If ilrk ! LIT /'/ 1m. .,......, r !,..., Itr (' r ........0 1--.- -2oc:l~t. {( fill " i!':t ~t . ; 'I i i ... i.... ir, . I .\\.\ ..'\:("'~ l i .. \ "..., ,.: ,., ,.. , i! . , . .... ../ ....... , ' \~; 1<1:1 ..Ic' --..:: 18i. iOl .."t!:i u=i IUl' .. 'co., ............ s=; , ~.. ! i ,11;-1 I II ) "~ Puget Sound Naval Shipyard k The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that at no point shall a structure be more than five stories plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any roof structure shall be excluded from the height determination. DATE SUBMITTED: 8/10/2005 BILL# OSlS7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ........................................................................................ SUBJECT: Public Safety Bond Issue Professional Services Agreement with Arai Jackson Architects for Police (Burwell site) and Courts (1 ih & Warren) design Committee Meeting Date: 8/10/2005 COUNCIL MEETING Date: -8/17/2005 Department: Economic Development Presenter: Gary Sexton Phone: 473-5269 'i /7/oS- . ... SUMMARY: The City previously entered into a contract hiring Arai Jackson Ellison Murakami as architects for the Police/Courts facilities design development. ' The recommended design and site developments are the Kitsap Credit Union on Burwell for the Police facility and the 17th and Warren Avenue CenCom site for the Courts. The architectural agreement retains Arai Jackson for design development at these two sites. ATTACHMENTS: Arai Jackson Professional Service Agreement FISCAL IMPACTS (Include Budgeted Amount): $273,000 included in Public Safety Bond Issue APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~~:~ ; B201S: CONSENT AGENDA 0 __~\-le.e __..._ ~ 0: oS -:v~ ~ - Move to approve the professional services agreement with Arai Jackson Architects for the new police station as amended to remove the court and reduce the contract amount to $173,000 and further to authorize the Mayor to finalize and execute the amended contract. COUNCIL ACTION:' 0 Approve CJ Deny LJ Table' L.J Continue 0 No Action ~ o arai jacksanellisan murakamilLP ....'=...T1!C~~ I UlU\AAI or~lD"!'''nnlCn!< August 11 , 2005 Mr. Gary Sexton, Director of Economic Development City of Bremerton 239 Fourth Street Bremerton, WA 98337-1806 Re: City of Bremerton Police Courts Building - Revised Architectural and Engineering Services Proposal Dear Mr. Sexton: Arai Jackson Ellison Murakami is pleased to fumish this revised proposal to provide the necessary architectural and engineering services to accomplish the design, documentation and construction phase services for the City of Bremerton Police Building in the renovated and expanded former Kitsap Federal Credit Union Building and the City of Bremerton Courts Building by renovating and expanding the former Central Communications Building. This proposal reflects the agreement reached in the negotiating meeting of October 12, 2004, and modified per telephone conversations this date. Fee Proposal Arai Jackson Ellison Murakami proposes to accomplish the architectural and engineering services generally described in the attached Professional Services Agreement, dated August 11, 2005. Based on a Maximum Allowable Construction Cost (MACC) of $1,950,000, we hereby propose the basic service fee of Two Hundred Thousand Dollars ($200,000), which sum reflects the reduction of $9,950 in consideration of the City's general acceptance of the concept plan layout, minimizing Schematic Design Phase work. This sum does not include AlE Extra Services or Reimbursable Expenses. For purposes of establishing a percentage for determining future extra services fees, the fee percentage is 10.54%. AlE Extra Services are itemized below. Please refer to the attached Fee Proposal Summary for additional detail. AlE Extra Services Arai Jackson Ellison Murakami proposes the addition of the following AlE Extra Services to the fee: 1. Landscape Architecture: generally consists of planting layout and irrigation system design and documentation to meet code required landscaping buffer around parking lots. 2. Cost Estimating: generally consists of providing detailed estimates of Construction Cost, preparing the statement of probable construction cost at Schematic Design, Design Development, and Contract Document Phases of the work. 3. Base Drawing Documentation: generally consists of gathering background information, field verifying the accuracy of drawings furnished by the Owner, investigating existing conditions of facilities to make measured drawings, and conversion of existing drawings to CAD-based drawings. No as-built verification will be provided. 4. Interior Design: generally consists of identification of furniture requirements, working with a City approved vendor to select furniture, fixtures, and equipment not included in the MACC, and development and presentation of a finishes and color board. 230C seventh avenue seattle \;V8 98-121 v 2063238800 f 2063238518 VJl/if\t\f.araLiackson,corn PARTNERS: steven arai . cliff jackson . bruce ellison . richard murakami PRINCIPALS: frank silkwood ASSOCIATES: ben dayot . jeffrey hamletl . greg ransom. gary oppenheimer. connie cadag . mark spitzer DIRECTOR: darryl dawson Mr. Gary Sexton, Director of Economic Development City of Bremerton Police Courts Building Revised Architectural and Engineering Services Proposal August 11, 2005 5. Record Drawings: generally consists of preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. AlE Extra Services Held in Reserve 1. Security, AudioNisual, Data/Communications: generally consists of providing design and documentation of these systems to meet Owner program needs. Other Consultants Arai Jackson Ellison Murakami hereby agrees to incorporate the work of other consultant services that will be separately furnished by the City as indicated in the Professional Services Agreement including Land Surveying; Geotechnical Engineering; Legal, Accounting and Insurance Counseling Services; Specialty Consultant Services such as Acoustic, Indoor Air Quality, or similar; and Testing Services During Construction, as indicated in the current Professional Services Agreement. Reimbursable Expenses Arai Jackson Ellison Murakami proposes a reimbursable handling fee of 7Ji%'iA liel::l (;)f tile indicated 5%. In addition, we propose the reimbursement of ferry expenses and the cost of special deliveries, not including postage for first class mailings. We have not included a proposed total amount for reimbursement. Documents and Data Arai Jackson Ellison Murakami proposes use of AutoCAD 2000 in lieu of the indicated version 12-14. We also propose adding the following sentence: "The City shall protect and hold the Architect harmless from any and all liability should the City use the documents, drawings, reports, electronic files and other information prepared under the Agreement for another project or in a manner not consistent with their intended purpose." Schedule of Performance Arai Jackson Ellison Murakami proposes the attached Schedule of Performance for Basic and AlE Extra Services - Schedule B. Please review this fee proposal and attached backup, and contact me if you have any questions regarding this information. We are pleased to discuss further any aspect of the foregoing proposal for architectural and engineering services by Arai Jackson Ellison Murakami, LLP. Bruce Ellison, Guy Thomsen and I look forward to working with you and other key staff, administration, and officials of the City of Bremerton to successfully complete this important civic project. Sincerely, ~ Arai Jackson Ellison Murakami, LLP Steve Arai, AlA, Partner Attachments cc: Bruce Ellison, Arai Jackson Ellison Murakami File Page 2 ~ arai ;acksDn ellisDn murakamilLP M>:!'lttc1'\I"el Un6ilN \Jt:~ll!.Nill'T~nlO"f, Fee Proposal Summary for Basic Services and AlE Extra Services August 11, 2005 Schedule A MACC = $ 1,950,000. Basic Service Basic Service Fee Fee (10.54% of MACC minus $9,950 reduction in consideration of the City's general acceptance of the concept plan layout, minimizing Schematic Design Phase work.) = $ 200,000. A/E Extra Service DescriDtion A/E Extra Service Fee Landscape Architecture = $ 10,000.* Cost Estimating Consultant = $ 8,000. Base Drawing Documentation = $ 6,800. Interior Design Consultant = $ 15,000. Record Drawings = $ 6,800. Total Contracted AlE Extra Service = $ 46,600. A/E Extra Services Held In Reserve A/E Extra Service Fee Held In Reserve Security, AudioNisual, Data/Communications Consultant = $ 26,400. * Allowance 2300 seventh avenue seattle W8 98121 v 206 323 8800 f 206 3238518 wwvv.araU3CKson.conl PARTNERS: steven arai . cliffjackson . bruce ellison . richard murakami PRINCIPALS: frank silkwood ASSOCIATES: ben deyot . jeffrey hamlett . greg ransom . gary oppenheimer. connie cadag . mark spitzer DIRECTOR: darryl daw$on -<~ arai jacksanellisan murakami lLP M:,,"'n:CTU"~ I unl:lMl DI;"'llNllln~IIID"~ Schedule of Performance for Basic Services and AlE Extra Services August 11, 2005 Schedule B Start date: Comoleted bv: Base Drawings Schematic Design Design Development Contract Documents Permit Bidding Contracts Construction Closeout August 25, 2005 August 25, 2005 September 26, 2005 November 7,2005 February 27, 2006 February 27,2006 March 28, 2006 April 15, 2006 November 1 , 2006 September 9,2005 September 25,2005 November 6, 2005 February 26, 2006 March 20, 2006 March 27, 2006 April 14,2006 October 31, 2006 November 30, 2006 2300 seventh avenu(~ seatUe Vifa 98121 \! 206 323 8800 f 205 323 B5'18 WV\f\.flJ,a;"aOackson.COiT; PARTNERS: steven arai . cliff jackson . bruce ellison . richard murakami PRINCIPALS: frank silkwood ASSOCIATES: ben dayot . jeffrey hamlen . greg ransom. gary oppenheimer. connie cadag . mark spitzer OIRECTOR: darryl dawson Professional Services Agreement A. Project Owner: City ofBremerton, 345 Sixth Street, Bremerton, WA 98337, phone - (360) 473-5234, fax - (360) 473-5398. B. Architect: Arai Jackson Ellison Murakami LLP 2300 7th Ave., Seattle, WA 98121 C. Time for Performance: Per Article II - Schedule of Performance D. Compensation for Services: Two Hundred Seventy Three Thousand Dollars ($273,000.00) as set forth in Attachment A E. Architects Authorized Basic Representative: Bruce Ellison, AlA F. City's Representative: Gary Sexton, Director of Economic Development The parties listed as authorized representatives have authority, make decisions and on behalf of the respective party. THIS AGREEMENT IS MADE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE FOLLOWING PAGES HEREOF. THE ARCHITECT SPECIFICALLY AGREES THAT THE INDEMNIFICATION AND SAVE HARMLESS PROVISIONS OF SUCH AGREEMENT, TOGETHER WITH THE ARCHITECT'S WAIVER OR IMMUNITY UNDER WASHINGTON RCW TITLE 51, WERE SPECIFICALLY REVIEWED AND MUTUALLY NEGOTIATED, INCLUDING BUT NOT LIMITED TO PARAGRAPH 9. Arai Jackson Ellison Murakami LLP City of Bremerton By: By: Steven Arai Cary Bozeman Title: Partner Title: Mayor Date: Date: Arai Jackson Ellison Murakami Page I of15 81ll/05 1. Consultants: The Architect shall, in a timely manner, designate and appoint sub-consultants after conferring with the City. The Architect shall not appoint any sub-consultants to which the City has a reasonable objection. The Architect shall incorporate the provisions of this agreement, the scope of work, and the requirements of the project into the contracts with sub-consultants. The Architect shall not change consultants on this project without the express written approval of the owner project representative, which approval shall not unreasonably be withheld. II. Schedule of Performance Schedule of performance, Basic Services, Police and Courts Building: Start date: Completed by: August 25, 2005 September 9,2005 August 25, 2005 September 25,2005 September 26, 2005 ~ovember6,2005 November 7, 2005 February 26, 2006 February 27, 2006 March 20, 2006 February 27, 2006 March 27, 2006 March 28, 2006 April 14, 2006 April 15, 2006 October 3 1, 2006 November 1, 2006 ~ovember 30, 2006 Base Drawings Schematic Design Design Development Contract Documents Permit Bidding Contracts Construction Closeout III. Scope The Architect will perform architectural and engineering base services for Schematic Design, Design Development, Construction Documents, Bidding and site visits for the construction phase as set forth in Attachment A, "City of Bremerton Police Courts Building, Revised Architectural and Engineering Services Proposal dated August 11, 2005". The Police Building project includes the remodel of the Kitsap Community Federal Credit Union Building at Burwell Street and Chester Avenue. The building consists of23,254 square feet on three floors. A new addition to the 2,639 square foot annex building of approximately 4,742 square feet and a 2,698 square foot sallyport and large vehicle storage addition will also be required. The Courts Building project includes renovating and expanding the former Central Communications Building. The Architect shall review information provided by the City and shall coordinate an overall set of consistent drawings, specifications and other contract documents. The Architect may reasonably rely upon the accuracy and completeness of City furnished information, surveys and reports. In such cases, authorship of such documents will be clearly identified. Ami Jackson Ellison Murakami Page 2 of 15 8/11105 The Architect shall provide to the City four (4) copies of project documents upon completion of each of the Schematic Design, Design Development and Construction Document phases. Project documents shall be in a form and style suitable for presentation, review and reproduction. The City shall submit the Architect's documents for obtaining a building permit and other permits or approvals required for the project. Upon application for such permits, the Architect shall reply to all inquiries from governing agencies forwarded by the City, shall make any necessary or appropriate changes to the Contract Documents approved by the City and assist the City in expediting the issuance of all such permits or approvals. The Architect shall meet with City as reasonably requested to ensure that the developing design is meeting the City's requirements and shall conduct presentations of the Project to the City Councilor other groups as requested by the City, limited to one such presentation at the completion of each phase of service. A detailed list of the documents to be prepared for each scope of work is attached hereto as Attachment B. Through the design process, the Architect shall assist City with analyzing the project scope, design alternatives, schedule and budget options to keep the project within the Maximum Allowable Construction Cost (MACC). If the construction cost estimate exceeds the MACC, the Architect shall analyze design alternatives and submit cost saving options for the City's consideration. City shall furnish required information, approvals and services as expeditiously as necessary for the orderly progress of the work. Architect shall promptly notify the City in writing in the event orderly progress of the work is disrupted by failure of the City to provide such information, approvals or services, and the project schedule shall be adjusted as mutually agreed. The City shall separately furnish the following services: · Land survey of the site, prepared by a registered land surveyor. . Legal, accounting, and insurance counseling services reasonably required. · Geotechnical engineering, which may include test borings, test pits, soil bearing values, and air and water pollution tests. · Testing services during construction that are reasonably required. Ami Jackson Ellison Murakami Page 3 of 15 8/1l/05 The City shall arrange and pay for the required advertisements for bid and other legal notices. A. Schematic Design Phase 1. Based upon the City's approved program created in consultation with the Architect, the Architect shall prepare the general and detailed requirements for the Project, for the City's approval. The Schematic Design Phase shall consist of two parts: a) Conceptual Design Alternatives and b) Schematic Design Documents. Upon approval of the Conceptual Design by the City, the Architect shall prepare the Schematic Design Documents. 2. The Architect shall submit to City a Construction Cost Estimate projected to the expected time of bid, itemized by major categories, to give reasonable assurance that construction costs will not exceed the MACC. The format of the estimate shall be based on format approved by the City. The Construction Cost estimate shall establish a preliminary schedule setting forth the expected period of time required for completion of construction. 3. The Architect shall provide a timely written response, in accordance with the schedule, to City review comments, and shall secure the City's written approval of the Schematic Documents. B. Design Development Phase 1. Upon written authorization to proceed from City, the Architect shall prepare, based upon the approved Schematic Design documents, Design Development documents required to fix, describe and illustrate the full size, character and scope of the Project. 2. The Architect shall submit to City an updated and itemized Construction Cost Estimate including an updated Project schedule, based on the completed Design Development documents, in the same format as the Estimate prepared for the Schematic Design Phase. The updated Construction Cost Estimate shall be in sufficient detail to give reasonable assurance that construction costs will not exceed the MACC. 3. The Architect shall review and respond to the City's review comments and shall secure City's written approval of the Design Development documents. Arai Jl\Ckson Ellison Murakami Page 4 of 15 8/11105 C. Construction Documents Phase 1. Upon written authorization to proceed from City, the Architect shall prepare, based upon the approved Design Development documents, Construction Documents consisting of Drawings, Specifications and other documents setting forth in detail the scope of the Project, Such documents shall describe materials, standards of workmanship, finishes, equipment and the conditions affecting the work required to be performed in.all divisions ofthe construction work. 2. In preparing the Construction Documents, the Architect shall, in consultation with the City, prepare the necessary bidding information, bidding forms, which shall include the City's General Conditions ofthe Contract, Supplemental Conditions, instructions to bidders and prevailing wage rates and ensure that the subsequent divisions of the Construction Documents are consistent therewith. 3. The Architect shall prepare a detailed Construction Cost Estimate, including an updated Project schedule, based on the completed Construction Documents. The final detailed Construction Cost Estimate shall include an itemization of alternates proposed and the estimated construction cost to be added or deducted from each alternate selected. a. The Architect shall propose and prepare bid alternates to provide reasonable assurance that the City will be able to award a construction contract that does not exceed the MACC. 4. The Architect shall submit to City four (4) sets of the completed construction drawings and specifications. 5. The Architect shall secure the City's written approval of the drawings and specifications, the final cost estimate, and the alternates. D. Bidding Phase 1. The Architect shall assist the City in issuing the Bid Documents to bidders and plan centers. The Architect shall attend and participate in the prebid conference and generally assist the City in managing the bid process. 2. In the event the lowest responsive bid submitted by a responsible bidder satisfactory to the City exceeds the MACC, then the Architect will, at it's sole cost and expense, revise the drawings and specifications as may be required by City to reduce or modify the quality or quantity, or both, of the work so that the total construction cost of the Project will not exceed the MACe. Arai J'Ickson Ellison Murakami Page 5 of 15 8/11105 E. Construction Phase 1. The Architect shall participate with City in the preconstruction conference with contractor. 2. During the progress of construction, the Architect shall perform services including: · Visit the site a minimum of twice weekly during construction. Architect shall be familiar with the progress and quality of the work completed and able to determine if the work is being performed in a manner that will be in general conformance with the contract documents when completed. · Consult with the City during the Construction Phase. Instructions to the contractor shall be communicated by the Architect. The Architect shall have authority to act on behalfof the City only to the extent provided in the Contract Documents unless otherwise modified in writing by the City. · Interpretations of the requirements ofthe Contract Documents shall be made by the City with consultation and written recommendation from the Architect. · Provide to City copies of all written communications that the Architect provides to Contractor, at the same time such communication is provided to Contractor. · VerifY general conformance with the contract documents, review, approve or otherwise take appropriate action upon Contractor's submittals, including field questions, shop drawings and submittals of materials, equipment, tests and inspections. The Architect shall take prompt action so as to cause no delay in the work. · Prepare necessary documents for changes in the work including revision drawings, cost estimates and reasons for change, and secure, analyze in detail and recommend disposition of proposals from Contractor. If requested, the Architect shall attend City meetings convened for purpose of reviewing proposed changes in the work. · Determine and certifY the amount owing to Contractor, based on the Architect's observations and evaluation of Contractor's Application for Payment. The Architect's certification for payment shall constitute a representation that the work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quantity and quality of the work is in general confonnance with the Contract Documents and that the Contractor is entitled to payment in the amount requested. · Review Contractor's progress schedules at least once per month for conformance with the Construction Documents, and promptly notifY the City and Contractor of deviations and noncompliance. Arai Jl!Ckson Ellison Murakami Page 6 of15 8111/05 . Attend on-site Project progress meetings once per week. The Architect shall require its sub consultants attend progress meetings as needed and/or requested by the City. The Architect shall keep project meeting minutes, and transmit copies to the City and Contractor as soon as possible but in no event later than one day prior to the next weekly meeting. . The Architect shall select finish materials and colors and prepare color schedules for items included in the construction contract for the City's approval. 3. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, and programs in connection with the work, and shall not be responsible for Contractor's failure to carry out the work in accordance with the Contract Documents. 4. The Architect shall at all times endeavor to discover and guard City against defects and deficiencies in the work of Contractor, but it is understood that the Architect does not guarantee the performance of the Contractor. The Architect shall promptly advise the City of work which does not conform to the Contract Documents. 5. The Architect shall have authority to reject work which does not conform to the Contract Documents. The Architect shall recommend to the City that the Contractor be directed to stop work when such stoppage may, in the Architect's reasonable opinion, be necessary to ensure the proper execution of the work. F. Construction Completion Phase 1. The Architect shall conduct pre-final inspection and prepare check lists of corrective items, make final inspections by all disciplines, including at least one re-inspection, recommend the date or dates of fmal completion and recommend acceptance of the Project to City. 2. The Architect shall obtain, review, approve and deliver to the City, written guarantees, manuals and instructions from Contractor as required by the Construction Documents upon completion of construction and prior to recommending acceptance of the Project to the City. Ami Jackson Ellison Murakami Page 7 of 15 8/11105 3. The Architect shall modifY the original Construction Drawings to conform to the project record drawings provided by Contractor which incorporates all changes in the work, including utilities, made during construction and addenda during bidding. The modified original Construction Drawings and related electronic media shall be completed and submitted to the City within two months of owner's acceptance of the Project or as otherwise mutually agreed. 4. Upon the City's request during the warranty period set forth in the Construction Contract, the Architect shall assist City in identifYing defects in the Project, determine corrective measures, provide inspection of the Project and assist the City in implementing corrective measures. G. Additional Services and Reimbursable Expenses 1. The City shall pay for the following Additional Services performed, furnished, or incurred by the Architect. However, the City has no obligation to pay Architect for Additional Services performed by Architect prior to receipt ofthe City's authorization for such service. The City reserves the right to employ other means to accomplish said services. a. Revising drawings or specifications previously approved by the City when such revisions are due to changes in project scope, program changes, changes required by the enactment or revisions to codes, laws, or regulations subsequent to the preparation of such documents, or changes directed by the City that are not normally made as a part of the Schematic or Design Development phases b. Providing consulting services for City-supplied equipment, new or used, to be incorporated into the Construction Contract. c. Providing consulting services in connection with selecting and/or procuring furniture, fixtures, and equipment (FF&E) outside of the Construction Contract. d. Providing consultation or contract administration for the replacement of any work damaged by fire, accidental or natural causes during construction, provided that such damage was not caused by the fault or negligence of the Architect; providing professional services or arranging for the work to proceed should the contractor default in the performance of the construction contract or become delinquent or insolvent. Arai Jackson Ellison Murakami Page 8 of 15 8/1l/0S e. Providing brochures, detailed architectural models, or additional graphic presentations beyond the TWO graphic presentations agreed to. f. Providing services during the construction phase in connection with unforeseen conditions or changes requested by the City. g. Providing services during construction in connection with processing more than 75 contractor-generated Requests for Information (RFI's), excluding any RFI's reasonably contributed to an error or omission of the Architect or its sub-consultants. h. In the event the construction period up to substantial completion exceeds the time stipulated in the construction contract including change order extensions by more than 10%, the Architect shall continue administration of the construction contract and be entitled to Additional Services compensation for the construction time extension occurring through no fault or neglect of the Architect. 1. Providing services after issuance to the City of the Contractor's final Certificate for Payment. 2. The City shall pay for the following reimbursable expenses incurred by the Architect and/or their sub-consultants. The City will pay the Architect an additional 7.5% of authorized reimbursable expenses as a handling fee. a. Providing additional copies of drawings, specifications, studies, reports, Contract Documents, correspondence, and/or papers received or issued by the Architect as requested by the City. b. Providing printing and distribution of documents to the City at the completion of each phase of service, including the construction documents for bidding. c. Out-of-pocket repro graphic expenses when substantiated by third- party invoices. No reimbursement shall be made for postage, handling, telephone expenses, faxes, or copies of documents used by the Architect to perform normal services and not provided to the City. d. All round-trip ferry fares. 3. Fees for authorized Additional Services shall be mutually agreed to by the City and the Architect prior to.performing such services. Arai Jackson Ellison Murakami Page 9 of 15 8/1l/0S H Basis of Compensation 1. Maximum Allowable Construction Cost (MACC) Defined: The MACC for this project is $1,950,000 and is the total sum allocated by the City for construction of the project, not including Washington State Sales Tax, Architect compensation, or other items in the City's project budget such as contingencies, administrative costs, furniture or equipment purchased outside the construction contract. 2. It is understood that the Architect's fixed fee has been established, in part, by a percentage of the City's MACC as set forth in Schedule A of Attachment A. If at any time the City elects to increase the MACC by more than 10%, the Architects fee shall be adjusted proportionately to the adjustment in the MACe. I Standard Terms and Conditions 1. Time and Delay. Time is of the essence in this Agreement. TheArchitect agrees to punctually and diligently perform all parts of it's Services as scheduled in. Schedule B of Attachment A, which shall be subject to change by the City as may be deemed necessary to the overall progress of the Project. 2. Monthly Invoices: Final Payment. a. Payments shall be made no more often than once each calendar month within thirty (30) days after the City's receipt of a monthly invoice for fees and costs incurred during the preceding month; provided that: (i) all services covered by the invoice have been fully and timely performed; (ii) the Architect has furnished the City with copies of supporting documentation for all costs covered by the invoice; and (iii) the Architect is not in default under this Agreement. b. Each payment made by the City to the Architect shall be deemed made to the Architect in trust for the Architect's sub-contractors and consultants to the extent such parties have not been paid for the services, supplies, equipment or materials provided by such parties. c. Should there be any claim, obligation or lien asserted before or after final payment is made that arises from the negligent performance of the Architect's work, the Architect shall reimburse the City for any costs and expenses, including attorney fees, costs and expenses, incurred by the City in satisfying, discharging or defending against any such claim, obligation or lien, including any action brought or judgment recovered. City shall have the right to withhold from any payment, or otherwise be reimbursed for, an amount sufficient to protect the City from any such claims. Arai Jackson Ellison Murakami Page 10 of 15 8f11/GS 3. Compliance with Laws; Governmental Agency Communications. The Architect shall comply with all Federal, State and Local laws, rules, regulations and ordinances applicable to the services and the Architect's performance thereof, which are in effect at the time the services are provided and the requirements for environmental documents prepared under the State Environmental Policy Act (SEPA). 4. Performance Standard. The Architect shall perform the services in a professional, efficient and economical manner consistent with the City's needs as set forth in the scope of work attached hereto, and consistent with the level of care, skill, practice and judgment exercised by other professionals performing services of a similar nature under similar circumstances. The Architect represents and warrants to the City that all persons who will be performing the services possess the requisite skill, training and experience and hold all required licenses and permits to render the services contemplated by this Agreement. 5. Safety. a. The Architect shall comply with all applicable Federal, State and/or Local safety related laws and regulations, and shall comply with any such laws and regulations, including but not limited to any OSHA, WISHAJOregon Department of Labor Health and Safety RuleslRegulations. The Architect shall fully comply with the Hazard Communication Standard for the Construction Industry, and any Federal, State or Local Right to Know Legislation and shall transmit information to all parties concerning chemical hazards requirements. 6. Amendments/Changes. The City may, without invalidating this Agreement, from time to time request changes in the scope of the services. If such changes involve additional time and expense by the Architect, the Architect shall, within five (5) days of receiving notice of the requested change, submit its estimate to the City of the costs and additional time, if any, necessary to perform such changes. The Architect shall commence any such change order work only upon the written receipt by the Architect of the approval by the City to do so. 7. No Assignments or Delegation of Services. a. This Agreement may not be assigned by operation of law or otherwise, without the prior written consent of the City, which may be withheld at its sole discretion. b. The Architect shall assign the persons designated in Section E on the first page of this Agreement as its key personnel to perform the services on behalf of the Architect. Such key personnel shall be replaced only with the prior consent of the City, which may be Arai JlICkson Ellison Murakami Page 11 ofl5 8/11/05 withheld in its sole discretion. None of the services may be delegated or sub-contracted to an independent contractor without the prior written consent ofthe City, which may be withheld at its sole discretion. The Architect shall remain fully responsible for the manner and quality of all services performed, including the performance of all consultants and sub-consultants retained by the Architect. 8. Indemnity. To the fullest extent permitted by law, and to the extent the Architect is negligent, the Architect shall indemnify, defend and hold harmless, the City, its officers, agents, employees and representatives from and against any and all claims, damages, losses and expenses, including, but not limited to, reasonable attorney fees, which arise out of or result from any negligent act or omission of the Architect, any consultants engaged by the Architect and for anyone directly or indirectly employed by them. If the claim results from the concurrent negligence of the City and the Architect, the Architect's indemnification obligation shall be limited to the extent of it's negligence; and (b) the Architect expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, RCW Title 51, to the extent necessary to provide the City with such full indemnity. The provisions of this Section shall survive termination of this Agreement for any reason. 9. Insurance. Prior to the commencement of the Services, the Architect shall, at its own expense, obtain the following insurance coverage, which coverage shall remain in force during the term of this Agreement: a. Commercial General Liability insurance, including blanket contractual liability coverage, with limits of at least: $1,000,000 General Aggregate (Other Than Products-Completed Operations) $1,000,000 Products- Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Per Occurrence Limit $ 100,000 Fire Damage Limit (Any One Fire) b. Professional Liability insurance, including errors and omissions, with limits of liability equal to at least $1,000,000 each occurrence; c. Automobile Liability insurance with limits of liability of not less that $1,000,000 per occurrence combined single limit for bodily injury property damage; Arai J<lCkson Ellison Murakami Page 12 of 15 8111105 d. Employer's Liability or Stop Gap Liability insurance with limits of not less than $1,000,000 each accident, $1,000,000 each employee-disease and $1,000,000 policy limit-disease; and e. Insurance in accordance with all applicable laws relating to workers' compensation with respect to all of the Architect's employees, owners and officers, regardless of whether such coverage or insurance is mandatory or merely elective under the law. f. Each policy of insurance shall be in a form satisfactory to the City with an insurer having an A.M. Best rating ofB+ VI or better, and provide thirty (30) days' advance notice to the City of non-renewal or material change. Such policies shall not have deductibles that exceed $25,000 per occurrence. Prior to the commencement of the services, the Architect shall provide the City with written evidence of the required coverage in the form of a certificate of insurance with additional insured endorsements naming the City of Bremerton as additional insured attached or, upon the City's request, a copy of the policy. The insurance certificate requirements for the coverage required for workers' compensation will be satisfied by a letter from the appropriate state agency confirming participation in accordance with statutory requirements. 10. Architect's Default. If the Architect fails to prosecute the services promptly or properly or breaches or fails to perform any obligation under this Agreement, the City may give the Architect seven (7) days' written notice of such matter. If such matter has not been corrected within such seven-day period, the City may, without prejudice to any other right or remedy it may have, terminate this Agreement and correct any defective services and charge the Architect for all costs, expenses, and impacts to the Project arising from such defects, and deduct the same from sums otherwise due the Architect. 11. Documents and Data. a. The Architect agrees that all documents, drawings, reports, electronic files, AutoCAD 2000 or compatible or similar electronic information, together with other information prepared or obtained by the Architect in connection with the services including work in progress (cumulatively "materials"), are the sole property of the City for use exclusively by the City or its designated agents and employees and shall be submitted to the City within three (3) working days after a written request from the City and, in any event, upon completion of the services under this Agreement, prior to and as a condition of the fmal payment to the Architect. City shall indemnify Architect from any claims or damages arising from the City's subsequent use of the electronic version of said materials. Arai Jackson Ellison Murakami Page 13 of 15 81ll/05 12. Confidentiality. The Architect agrees that all documents, drawings, reports and other data and information prepared or obtained by the Architect in connection with the services are confidential and shall not be disclosed or made available to any individual or entity other than the City, its designated agents or employees and any person who must know the information in order for the Architect to complete the services except to the extent required to be disclosed pursuant to the Public Records Act, chapter 42.17 RCW. 13. Royalties, Patents, Copyrights and Trade Secrets. a. The Architect shall not infringe on United States patent, copyright, trade secret or other proprietary right for any material, product, or part of any material or product (including, for example, software, hardware, service, design or equipmentO used or furnished in connection with this Agreement, and shall defend and indemnify the City from any suits or claims for infringement of any such rights and shall hold the City harmless from any loss on account thereof. 14. Notices. All notices provided for herein may be transmitted by facsimile, delivered or mailed. If mailed, such notice shall be considered delivered three (3) days after being deposited in such mail. The addresses to be used in connection with such correspondence and notices are as set forth on the first page of this Agreement, or such other address as a party shall from time to time direct. Notices or correspondence to the City shall be sent to such address marked for the attention of the City's Representative designated in Section F on the first page of this Agreement, or such other representative as the City may hereafter designate from time to time. 15. Suspension of Services: Termination. The City may, upon written notice, direct the Architect to suspend all or a portion of the Services. In the event of such suspension, the Architect shall be entitled to payment of: (a) all fees properly earned up to the effective date of suspension; and (b) all reimbursable expenses actually and properly incurred up to such date, but excluding any and all unearned overhead and profit. If the services are suspended for a continuous period of more than sixty (60) days, and such suspension is not due to the fault of the Architect, then the Architect shall also be entitled to payment of unavoidable out-of-pocket expenses, excluding any and all unearned overhead and profit, actually suffered as a result of such suspension. The City also reserves the right to terminate this Agreement for the convenience of the City at any time upon three (3) days written notice to the Architect. If the City so terminates this Agreement, the Architect shall be entitled to payment of: (a) all fees properly earned up to the effective date of termination, and (b) all direct reimbursable expenses actually and properly incurred up to such date, but excluding any and all overhead and profit accruing after the date of termination. Arai Jackson Ellison Murakami Page14of15 81ll/0S 16. Relationship of Parties. The Architect is an independent contractor and not an agent or employee ofthe City. Nothing contained in this Agreement shall be deemed to create a relationship of employer- employee, master-servant, partnership, joint venture or any other relationship between the City and the Architect other than that of independent contractor. Neither party shall have any authority to supervise the employees, representatives or sub-contractors ofthe other party, nor to make any statements, representations or commitments of any kind or take any actions which will be binding upon the other party except as specifically provided in this agreement. 17. Entire Agreement. This Agreement constitutes the final and complete agreement between the parties hereto with respect to the subject matter of this Agreement, superceding all prior agreements or discussions with respect thereto. No additions, deletions or modifications hereof shall become part of this Agreement unless each party hereto specifically recognizes and consents to their inclusion by a signed instrument. 18. Disputes a. This Agreement shall be governed by the laws of the State of Washington. b. The Architect consents to consolidation and/or joinder, in a single proceeding, of all claims and disputes by or between the City, sub- contractors, the Architect, the City's other consultants, or any other person or entity involved with the Project, with a claim or dispute relating in any manner to the Architect's services provided by it under this Agreement. c. In any dispute involving the City and the Architect or otherwise arising under or relating to this Agreement, each party shall be responsible for their own attorney's fees and costs, together with any and all expert fees. Arai Jackson Ellison Murakami Page 15 of 15 8111/05 Attachment A Letter from Steve Arai, Arai Jackson Ellison Murakami, LLP to Gary Sexton, City of Bremerton Director of Economic Development titled: "City of Bremerton Police Courts Building Revised Architectural and Engineering Services Proposal" dated August 11, 2005 Arai/Jackson - Attachment A Page 1 of5 8/11/2005 SD-l SD-2 SD-3 SD-4 SD-5 DD-I DD-2 Attachment B List of Deliver abies SCHEMATIC DESIGN 4 copies 4 copies 4 sets 4 copies 4 copies Updated Space List Design Report Preliminary Design Concept Systems Narrative Code Analysis Architectural Structural Landscape Mechanical Electrical (Power and Lighting) Data/Communications Electronic, AudiolVisual Security Design Drawings Architectural Site Plan Architectural Floor Plans Building Section Key Building Elevations Cost Estimate Updated Schedule DESIGN DEVELOPMENT 4 copies 4 copies Arai/J~kson - Attachment B Page 1 of4 8/11/2005 Preliminary Specification Basis of Design Report Design Concept Systems Narrative Code Analysis Architectural Structural Landscape Mechanical Electrical Product Data Sheets DD-3 DD-4 DD-5 4 sets 4 copies 4 copies Arai/JilCkson - Attachment B Page 2 of 4 8f] 1/2005 Design Development Drawings Landscape Planting Plan Key Details Architectural Site Plan Basement Plan Basement Ceiling Plan First Floor Plan First Floor Ceiling Plan Second Floor Plan Second Floor Ceiling Plan Roof Plan Building Sections Wall Sections Enlarged Floor Plans Door Schedule Structural Structural Notes Foundation Plan Basement Plan First Floor Plan Second Floor Plan Roof Framing Typical Details Mechanical Symbols & Abbreviations Basement Plumbing and Piping Plan Basement HVAC Plan First Floor Plumbing and Piping Plan First Floor HVAC Plan Second Floor Plumbing and Piping Plan Second Floor HVAC Plan Electrical Symbols & Abbreviations Electrical Site Plan Basement Lighting and Power Plan First Floor Lighting and Power Plan Second Floor Lighting and Power Plan Power One-Line Diagrams Cost Estimate Updated Schedule CD-I CD-2 CONTRACT DOCUMENTS 4 sets 4 sets Arai/J<lCkson - Attachment B Page 3 of4 8111/2005 Final Specifications Final Drawings Landscape Architectural Structural Planting Plan Irrigation Plan Enlarged Area Plan Details Cover Sheet Code Analysis Site Plan Site Details Basement Plan Basement Ceiling Plan First Floor Plan First Floor Ceiling Plan Second Floor Plan Second Floor Ceiling Plan Roof Plan Roof Details Building Sections Building Elevations Enlarged Floor Plans Enlarged Floor Plans Enlarged Floor Plans Enlarged Plans & Sections Wall Sections, Wall Types Room Finish Schedule Door Schedule - Door Types Interior Elevations Details Signage Plan Structural Notes Foundation Plan First Floor Framing Plan Roof Framing Plan Partial Framing Plans Lateral Frame Elevations Foundation Details Framing Details Courts Locker Rooms Suspect Processing Toilet Rooms CD- 3 4 sets BIDDING BID,.} BID,.2 Arai/Jackson - Attachment B Page 4 of 4 BIll/200S Mechanical Electrical Final Cost Estimate Addenda 1 Addenda 2 Symbols & Abbreviations Basement Plumbing and Piping Plan Basement HVAC Plan First Floor Plumbing and Piping Plan First Floor HVAC Plan Second Floor Plumbing and Piping Plan Second Floor HVAC Plan . Sequence of Operations Enlarged Mechanical Room Plans HVAC Details Plumbing Details Symbols & Abbreviations Energy Calculations Electrical Site Plan Basement Lighting Plan Basement Power Plan First Floor Lighting Plan First Floor Power Plan Second Floor Lighting Plan Second Floor Power Plan Electrical Roof Plan Partial Plans, Details One-Line Diagram and Elevation Lighting Fixture Schedule Details End of Attachment B DATE SUBMITTED: August 30, 2005 BILL # 05- ;Jo 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 1B ........................................................................................ SUBJECT: Purchase and Sale Agreement between the City and Chevron USA Inc. regarding acquisition of real property adjacent to Evergreen Park Committee Meeting Date: COUNCIL MEETING Date: September 7, 2005 Department: Economic Development Presenter: Gary Sexton Phone: 473-5282 SUMMARY: The proposed purchase and sale agreement relates to the acquisition of 1.5 acres of land adjacent to Evergreen Park from Chevron USA Inc. The purchase price is $100.00. The City shall assume environmental responsibilities relating to identified hazardous substances located at, on and/or under the property as outlined in the Agreement. ATTACHMENTS: Purchase and Sale Agreement; August 30,2005 email from Phil Williams to Gary Sexton; June 24, 2005 email from Steve Alexander to Phil Williams; Memorandum from Roger Lubovich dated August 24,2005 (with attachments) FISCAL IMPACTS (Include Budgeted Amount): Incidental closing costs and unknown future remedial costs of assumed environmental responsibilities. APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: HearA. Pre-- Co."'tV-t7 t,/r/o(' /-tu.rd. fr,.. f~"'11L.; f {",/; 1('/0S; _--........... /- I ,J~)d//t-v-- Vi t;\'?[.//"._.~ V RECOMMENDED MOTION: Move to approve me Purchase and Sale Agreement between the City of Bremerton and Chevron USA Inc. for the purchase of 1.5 acres ofland adjacent to Evergreen Park and authorize the Mayor to execute the Agreement in substantially the same form as presented and further authorize the Mayor to execute all documents necessary for closing the transaction. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA D COUNCIL ACTION: 0 Approve 0 Deny 0 Table D Continue D No Action PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into by and between the City of Bremerton, a Washington municipal corporation ("Buyer") and CHEVRON U.S.A. INC., a Pennsylvania corporation ("Seller"). RECITALS WHEREAS, Seller desires to sell, and Buyer desires to purchase, certain real property located along Sheldon Boulevard in the City of Bremerton, State of Washington, comprised of approximately 1.5 acres of land (the "Property"); and WHEREAS, Seller's predecessor, Standard Oil Company of California, operated a bulk fuel storage and distribution plant on the Property and an adjacent dock from approximately 1950 through 1988; and WHEREAS, in approximately 1989, motor fuel hydrocarbon contamination was discovered to be present on the Property in soil and groundwater, which was caused by or resulted from Seller's operations on the Property; and WHEREAS, since Seller's discovery of contamination on the Property, it has been actively engaged in remedial and monitoring activities on the Property; and WHEREAS, other real property located adjacent to the Property was formerly used by others for commercial and light industrial purposes, including fuel storage and maintenance operations, which uses resulted in the release of petroleum hydrocarbon contamination into the soil and groundwater at those sites; and WHEREAS, Buyer acquired most of the real property located adjacent to the Property and to Evergreen Park and following the demolition of improvements located on the adjacent property incorporated the property as part of an expansion of Evergreen Park (the "Evergreen Expansion Project"); and WHEREAS, Buyer entered into an Agreed Order (No. DE OOTCPNR-835) with the State of Washington Department of Ecology ("WDOE"), which Order required that Buyer perform certain agreed upon remedial activities directed at remediating contamination identified and located within the Evergreen Expansion Project area, to levels acceptable to the WDOE but in excess of the Method "A" Residential Cleanup Levels for Soil established by WAC 173-340- 740. Buyer further agreed to limit the uses of the property included within the Evergreen Expansion Project area to activities that are consistent with the requirements of the Interim Action Work Plan approved by WDOE for the property located within the Evergreen Expansion Project; and PURCHASE AND SALE AGREEMENT -1- WHEREAS, Buyer and Seller agree that the hazardous substances present on the Property are substantially similar in character and concentration to the hazardous substances that were and are present on the property comprising the Evergreen Expansion Project, such that the scope of the Interim Remedial Action previously performed by Buyer at the Evergreen Expansion Project could appropriately be applied to the remediation of hazardous substances on the Property, if the Property was subject to the same use restrictions as are applied to Evergreen Park; and WHEREAS, Seller has expressed its concern to Buyer, that it can not give up possession, ownership and control of the Property due to its environmental condition, without some assurances and guarantees that the hazardous substances present on the Property are going to be remediated to the above-referenced Method "A" residential standards, or in the alternative that to less stringent standards permitted and approved by WDOE. Further, Seller has indicated to Buyer that assurances similar to those contained in the above-referenced Agreed Order relating to the Evergreen Expansion Project site, which provide that the uses of the property can not change if the risk of the public's exposure to harmful hazardous substances was increased, must also be provided before it will sell the Property to Buyer. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, the real property as more particularly described on Exhibit "A" (the "Property"). 2. Consideration For Purchase. The Buyer shall provide the following consideration to Seller for the Property: a. The Buyer shall assume the "Assumed Responsibilities" as defined and on the terms and conditions set forth in Section 5, below. b. The Buyer shall pay Seller the sum of One Hundred Dollars ($100.00). 3. Environmental Contamination: The parties recognize that the Property is now the subject of a Department of Ecology action to address the presence of hazardous substances in groundwater and soil. The parties note that the nature and extent of the hazardous substances on the Property is set forth in the following reports (the "Reports"). A list of the Reports is attached hereto as Exhibit "B": PURCHASE AND SALE AGREEMENT -2- 4. Title to Property. Seller shall convey to Buyer at the Closing which shall occur no later than the date of October 1, 200S, (the "Closing Date"), insurable fee simple title free and clear of all encumbrances except the Permitted Exceptions, as defined below, by execution and delivery of a Statutory Warranty Deed to the Property in a form acceptable to Buyer but which include a statement limiting the use of the Property to that of a City park (the "Deed"). Buyer understands and agrees that the remediation of the hazardous substances may require certain deed restrictions recorded against title to the Property. 4.1 Seller and Buyer shall share equally the cost of a standard form title insurance policy naming Buyer as the insured (the "Title Commitment") Seller shall cause to be furnished to Buyer legible true copies of all instruments referred to in the Title Commitment as restrictions or exceptions to title to the Property 4.2 Buyer may commission an AL TA survey of the Property at Buyer's sole expense. If Buyer elects to commission a survey, Buyer shall provide Seller a copy of the survey. In any event, the delivery of the survey shall not delay Closing. 4.3 Buyer shall have until thirty (30) days after execution of this Agreement by both parties, (the "Review Period") in which to notify Seller of any objections Buyer has to any matters shown or referred to in the Title Commitment or the Survey. Any exceptions or other items that are set forth in the Title Commitment or the Survey and to which Buyer does not object within the Review Period shall be deemed to be permitted exceptions (the "Permitted Exceptions"). With regard to items to which Buyer does object within the Review Period, Seller shall notify Buyer within ten (10) days after Seller receives Buyer's notice of objections of any exceptions to title which Seller is not able to remove or otherwise resolve, and Buyer may at Buyer's option either (i) waive its objections to such exceptions or (ii) terminate this Agreement without further to either party. Encumbrances, liens and exceptions found to be unacceptable to Buyer shall be discharged by Seller at least ten (10) days prior to Closing. 4.4 The Seller represents and warrants that there are no leases affecting the Property. 5. Environmental Responsibilities Assumed by Buyer. After the Closing Date (as defined below), Buyer shall be responsible for the following "Assumed Responsibilities" relating specifically to hazardous substances that are identified in the Reports and which (i) are located at, on and/or under the Property immediately prior to and after the Closing Date, and/or (ii) are located at, on and/or under Adjoining Properties immediately prior to and after the Closing Date that originated on the Property. The term "Adjoining Properties" shall mean the properties that share a common boundary with the Property. The Assumed Responsibilities are as follows: a. Compliance at, on and/or under the Property and/or Adjoining Properties with applicable soil, groundwater, and surface water cleanup levels promulgated under the Model Toxics Control Act or other applicable environmental regulations and relating to the hazardous substances described in this Section 5 ("Environmental Regulations"; PURCHASE AND SALE AGREEMENT -3- b. Compliance at, on and/or under the Property and/or Adjoining Properties with applicable sediment cleanup levels promulgated under the Sediment Management Standards or other applicable Environmental Regulations and relating to the hazardous substances described in this Section 5; c. Claims by third parties relating to costs incurred after the date of closing to investigate or remediate the hazardous substances described in this Section 5. The claims by third parties for expenses incurred before the Closing Date are specifically excluded from Assumed Responsibilities. The term "incurred" means to have actually expended funds or be legally obligated to pay for services provided. For example, if a consultant of a third party did work prior to and after closing then Seller would be obligated for the charges for work done prior to closing and Buyer would be obligated for charges for work performed after closing; d. Claims by third parties for personal injury and property damage arising after the Date of Closing associated with hazardous substances described in this Section 5. The claims by third parties for personal injury and property damages arising before the Closing Date are specifically excluded from Assumed Responsibilities incurred prior to the Closing Date. The term "arising" means that point in time when the damage complained of is sustained and not when causes are set in motion which ultimately produce the damage to person or property; e. Natural Resource Damages Claims or similar claims for damages which arose after the Closing Date asserted by any Native American Tribe, federal agency or state agency for contamination or degradation of natural resources relating to hazardous substances described in this Section 5.; f. With regard to claims, it is the intention of the parties to divide responsibility for claims as of the date of closing. The parties recognize that some claims will be clearly pre- closing, some claims will be clearly post-closing and some claims will require allocation as between pre and post closing. g. Buyer specifically assumes the sole responsibility for the demolition and removal at its sole cost and expense of the dock facility and associated pilings and dolphins, located adjacent to the Property at Smith Cove and previously operated by Seller as an adjunct facility to its fuel distribution and storage operations conducted on the Property. h. Buyer specifically assumes the sole responsibility, as part of its future development and incorporation of the Property as part of Evergreen Park, to place "sheerwall metal pilings", "rip-rap" or other materials along the portion of the Property that is adjacent to Smith Cove suitable to prevent and inhibit the future erosion and possible release of contamination into the water at Smith Cove. PURCHASE AND SALE AGREEMENT -4- 5.1 The definition of Assumed Responsibilities set forth in Section 5 is agreed to be complete, comprehensive and exhaustive. The parties agree that the Buyer shall not be deemed to have assumed additional responsibilities that are not expressly enumerated herein. The term "hazardous substances", as used in this paragraph 5, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated there under. 5.2 Buyer shall forever, save, defend, hold harmless and indemnify the Seller, Seller's subsidiaries and affiliates, directors and employees, insurers and agents from: a. Any claims, demands, penalties, causes of action, attorney fees, consultant fees or other costs (the "Costs") arising from or related to the Assumed Responsibilities. b. Any third party claims or suits relating to the presence of hazardous substances on the Property and in sediments in Smith Cove, excluding claims by third parties for personal injury and property damage which arose prior to the Closing Date as set forth at Section 5 d. above c. Any responsibility to comply with any requirements imposed by any government agency with jurisdiction over the Property, including WDOE, relating to hazardous substances. 6. Environmental Responsibilities Retained by Seller. Buyer's Assumed Responsibilities specifically exclude, and the Seller's "Retained Responsibilities" include, all environmental obligations, liabilities and responsibilities not expressly listed in Section 5, above, including without limitation the following potential claims and/or conditions: a. Requirements of applicable Environmental Regulations for investigation and/or cleanup of hazardous substances that may have come to be located elsewhere as the result of the past sale, transportation or disposal of said hazardous substances by Seller or anyone that acted on Seller's behalf. b. Claims by third parties relating to hazardous substances that have come to be located elsewhere by mechanisms including but not limited to the past sale, transportation or disposal of said hazardous substances by Seller or anyone that acted on Seller's behalf. . c. Any costs incurred by the Seller or its affiliates, parent companies, partners, consultants, representatives and agents relating to hazardous substances or the allegation of hazardous substances located at, on and/or under the Property and/or Adjoining Properties. d. Any claims or portions of claims by third parties relating to costs incurred prior to the Closing Date and relating to hazardous substances or the investigation thereof located at, on and/or under the Property and/or Adjoining Properties. PURCHASE AND SALE AGREEMENT -5- e. The "hazardous substances", as used in this paragraph 6 shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated thereunder. 6.1 Seller shall forever, save, defend and hold harmless the Buyer, its commissioners, employees, insurers and agents from any claims, demands, penalties, causes of action, attorney fees, consultant fees or other costs (the "Costs") arising from or related to the Retained Responsibilities. The Buyer shall promptly notify the Seller of any such Costs and thereafter reasonably cooperate with Seller in Seller's defense of any such Costs. 7. Inspection and Condition of Property. The Property has been carefully inspected by Buyer, and Buyer finds it acceptable for its intended uses as an addition to Evergreen Park. Except as may be otherwise provided herein (including without limitation the provisions included in Sections 5 and 6, above) and as contained in the Reports, Buyer hereby accepts the Property in the condition existing on the date it executes this Agreement and confirms that neither the Seller nor any agent or representative of the Seller has given or made any warranty or representation whatsoever concerning the physical condition thereof or its suitability for the uses or purposes to which the same may now or hereafter be placed. 8. Seller's Representations and Warranties. Seller represents and warrants to Buyer the following: 8.1 Seller represents and warrants that to the best of Seller's knowledge and belief the Reports when taken collectively accurately set forth the environmental condition of the Property and accurately set forth the presence of hazardous substances that are on, in, under, have migrated from, are migrating from, or in the soil and groundwater of the Property. The term "hazardous substances", as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. See 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated thereunder. 8.2. Seller has delivered, or will deliver to Buyer within 2 days of execution of this Agreement, full and complete copies of (1) any existing surveys, geological reports, tests, and hazardous materials reports or investigations of the Property and (2) all government permits, licenses and approvals, any existing appraisals of the Property or any portions thereof, and any studies or other reports or information in the possession of Seller which pertain in any way whatsoever 'to the Property, including without limitation, the condition thereof and/or any present or potential development and/or use of the Property (all of which items in this clause being collectively, the "Development Documents"). PURCHASE AND SALE AGREEMENT -6- 8.3 The condition of the Property for Buyer's contemplated use shall meet the approval of Buyer, in Buyer's sole discretion, to be determined by Buyer and approved or rejected on or before forty-five (45) days after the date of execution of this Agreement (the "Due Diligence Period"). During the Due Diligence Period, Buyer, its designated representatives, attorneys and auditors or agents, shall have the right at Buyer's expense to (i) conduct an inspection of the Property; (ii) obtain further environmental assessments of the Property; (iii) examine all records and information in the possession Seller or any property manager or other agent of Seller pertaining to past, present or future construction, condition and operation of the Property (the "Records"), and (iv) make copies of the Records, at Buyer's own expense, during business hours and upon reasonable notice to Seller. 8.4 Buyer, its designated representatives or agents shall have the right upon reasonable notice and during reasonable hours to enter the Property and conduct environmental, structural and civil investigations of the Property. The inspection of the Property shall not physically damage the Property or unreasonably interfere with the usual operation of the Property by Seller. 8.5 If Buyer concludes that the Property fails to meet Buyer's standards in Buyer's sole discretion, Buyer may terminate this Agreement upon written notice to Seller on or before the expiration of the Due Diligence Period. If no notice is given by Buyer to Seller waiving or satisfying the contingencies in this Section prior to the end of the Due Diligence Period, Buyer will be deemed to have terminated this Agreement and neither party shall have any further obligation to the other hereunder. 8.6 From and after the date of execution hereof, unless this Agreement is terminated in accordance with its terms, Seller shall not, without the prior written consent of Buyer: (i) enter into any agreement, contract, commitment, lease or other transaction that affects the Property in any way; provided that Seller may enter into any service or maintenance contracts with terms expiring on or prior to the Closing Date, or (ii) sell, dispose of or encumber any portion of the Property. 8.7 There are no other contracts or agreements in force or effect for sale of all or any portion of the Property, and Seller agrees not to enter into any such contracts or agreements between the date hereof and Closing. 8.8 There is no action, suit, investigation or proceeding (administrative or otherwise) pending or threatened against or affecting the Property or any portion of it, the transactions contemplated hereby, or which might affect the right of Buyer to own, operate, develop or possess the Property or which might have a material effect on the business of the Property or result in any liability of Buyer with respect thereto. 8.9 There is no pending or threatened dispute or action concerning the boundaries of the Property as currently utilized by Seller. PURCHASE AND SALE AGREEMENT -7- 8.10 Except as previously disclosed, and identified and discussed in the Reports relating to the presence of hazardous substance both on and originating from the Property, Seller has no knowledge of any latent defects in the Property which would not be discovered in a normal non-invasive inspection of the Property or which has not been discussed in the Reports. 8.11 Seller's execution, delivery and consummation of this Agreement shall not result in any default or violation of any agreement or law by which Seller is bound or which will result in any lien, charge or encumbrance on the Property. 8.12 All persons and entities supplying labor, materials and equipment to the Property have been paid and there are no claims of liens or service contracts applicable to the Property. 8.13 The representations, warranties, hold harmless and indemnification contained herein are a material and negotiated part of the consideration provided by Seller to Buyer and were an inducement to Buyer to enter into this transaction. The representations, warranties, hold harmless and indemnification contained herein shall not merge into the deed or any other document provided to Buyer but, rather, shall survive the closing of the transaction contemplated herein and be and remain separate and enforceable beyond the closing. Seller shall indemnify, defend and hold Buyer harmless from and against any cause, claim, loss, damage or expense, including attorneys' fees, which Buyer suffers as a result of a breach of the representations, warranties and covenants contained in this Agreement. It is expressly agreed and understood that the effect of the representations and warranties made in this Agreement shall not be diminished or deemed to be waived by any inspections, tests, investigations, or discoveries made by Buyer or its agents. 9. Buyer's Authority. Buyer hereby represents and warrants that Buyer is a Washington municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington. Buyer has full right, power and authority to execute this Agreement. No other authorizations or approvals, whether of governmental bodies or otherwise, will be necessary in order for Buyer to enter into this Agreement. 10. Buyer Contingencies. Buyer's obligations under this Agreement are subject to satisfaction of the following conditions precedent: a. Buyer shall advise Seller in writing pursuant to Section 4.3 what exceptions to title, if any, will be accepted by Buyer. Only those exceptions approved in writing by Buyer shall constitute "Permitted Exceptions". If Seller shall fail to remove any such objectionable exceptions from title prior ten (10) days before the Closing Date, and Buyer is unwilling to take title subject thereto, Buyer shall have the right to terminate this Agreement without further obligation to either party. b. Seller's representations and warranties set forth herein shall be true, correct and complete as of the Closing and shall be deemed automatically reaffirmed on the Closing Date as true and correct. PURCHASE AND SALE AGREEMENT -8- c. The foregoing conditions contained in this Section 10 are intended solely for the benefit of Buyer. If any of the foregoing conditions are not satisfied, Buyer shall have the right, at its sole election, either to waive the condition in question and proceed with the purchase or, in the alternative, to terminate this Agreement, without further obligation to either party. 11. Escrow. Upon execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Trans Nation Title Insurance Company of Bremerton, Washington (the "Escrow Holder") and this Agreement shall serve as the instructions to Escrow Holder for consummation of the purchase and sale contemplated hereby. Seller and Buyer agree to execute such additional and supplemental escrow instructions as may be appropriate to enable the Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the provisions of this Agreement and any supplemental escrow instructions, the terms of this Agreement shall control. 12. Closing. The closing hereunder (the "Closing") shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made at the offices of Escrow Holder within ten (10) days of the satisfaction of all contingencies but in no event later than September 19, 200S, or such other date as Buyer and Seller may mutually agree in writing. Such date may not be otherwise extended without the written approval of Seller and Buyer, except as otherwise provided in this Agreement. All documents shall be deemed delivered on the date the Deed is recorded. 12.1 In the event the Closing does not occur on or before the Closing Date, Escrow Holder shall, unless it is notified by both parties to the contrary, return to the depositor thereof items which may have been deposited hereunder. Any such return shall not, however, relieve either party hereto of any liability it may have for its wrongful failure to close. 13. Documents to be Delivered by Seller for Closing. On or prior to the Closing Date, Seller shall deposit with Escrow Holder, the following: a. The Deed duly executed and acknowledged by Seller, which includes use limitations restricting the use of the Property to that of a City park, together with a duly signed real estate excise tax affidavit; b. A standard owner's policy of title insurance with liability in the amount of $1,000,000.00, naming the Buyer as insured; c. Seller's portion of all costs and fees as provided for in Section 1S. d. Any reconveyance documents required to eliminate of record any existing deeds of trust and other security instruments which are a lien on the Property; e. Such resolutions, authorizations, certificates, court orders or other documents or agreements relating to Seller, as shall be reasonably required in connection with this transaction; PURCHASE AND SALE AGREEMENT -9- f. Any other documents, instruments, data, records, correspondence or agreements called for hereunder which have not previously been delivered; g. Such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof; and, 14. Documents to be Delivered by Buyer for Closing. On or before the Closing Date, Buyer shall deposit with Escrow Holder the following: a. The Buyer's portion of costs and fees as set forth in Section 15; b. Written approval of the Deed; c. Such resolutions, authorizations, certificates, court orders or other documents or agreements relating to Buyer, as shall be reasonably required in connection with this transaction; d. Any other documents, instruments, data, records, correspondence or agreements called for hereunder which have not previously been delivered; and e. Such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof; and f. Written substantiation from the WDOE that it has approved a remedial approach for the Property substantially similar to that approved for the Evergreen Expansion Project site, including the imposition of the requirement that the deed to the Property limit the use of the Property to that of a City park. 15. Prorations. All revenues and all expenses of the Property, including but not limited to, real property taxes, special assessments, rents, water, sewer and utility charges, amounts payable under the Agreement, annual permits and/or inspection fees (calculated on the basis of the respective periods covered thereby), and any other expenses normal to the ownership, use operation and maintenance of the Property shall be prorated as of 12:01 a.m. on the Closing Date. 16. Costs and Expenses Paid at Closing. The Buyer shall pay the cost of the premium for any extended owner's policy of title insurance it may desire to secure, all applicable real estate excise taxes, and the cost of any other documentary or other transfer taxes applicable to the sale. The escrow fee and costs of recording shall be paid split equally by the parties. Each party shall bear its own attorneys' fees for negotiating and drafting this Agreement. 17. Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date. PURCHASE AND SALE AGREEMENT -10- 18. Default and Remedies. In the event of a material breach or default in or of this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof by Buyer or Seller, then the other party shall have, in addition to a claim for damages for such breach or default, and in addition to and without prejudice to any other right or remedy available under this Agreement or at law or equity, the right to (a) demand and have specific performance of this Agreement; or (b) terminate this Agreement upon written notice without liability to the other party. 19. Litigation. In the event either party hereto finds it necessary to bring an action against the other party to enforce any of the terms, covenants or conditions hereof or any instrument executed pursuant to this Agreement, or by reason of any breach or default hereunder or thereunder, the party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by such prevailing party all such costs and attorneys' fees shall be included in any such judgment. The reasonableness of such costs and attorneys' fees shall be determined by the court and not a jury. 20. Brokers and Finders. Each party represents to the other that no broker or finder has been involved in this transaction. In the event of a claim for broker's fee, finder's fee, commission or other similar compensation in connection herewith, the party that incurred such a fee or obligation shall be solely responsible for the payment thereof. 21. Notices. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: Seller at: ChevronTexaco Business and Real Estate Services Real Estate Downstream Properties 2613 Camino Ramon, Bishop Ranch 3 San Ramon, CA 94583-4289 Attention: Mr. Charles Whiteneck Buyer at: City of Bremerton Attn: Office of Economic Development 239 4th Street Bremerton, WA 98337 With a copy to: City Attorney 345 6th Street,#600 Bremerton, WA 98337 or to such other address as either party hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. At the request of either party or the Escrow Holder, the parties will confirm facsimile transmitted PURCHASE AND SALE AGREEMENT -11- signatures by signing an original document. If the last day of a period falls on a day on which the recording office of the county in which the Property is closed, the expiration of the period shall be extended to the first day thereafter in which any such recording office is open. 22. Amendment. No modification, termination or amendment of this Agreement may be made except by written agreement signed by all parties. 23. Waiver. No failure by Seller or Buyer to insist upon the strict performance of any covenant, duty agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice, and only by notice as provided herein may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenant of any other party hereto. No waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 24 Survival. All provisions of this Agreement which involve obligations, duties or rights and all representations, warranties and indemnifications made in or to be made pursuant to this. Agreement shall survive the Closing Date and/or the recording of the Deed and separately enforceable as a contract. 25 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 26. Severability. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 28. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller or Buyer, Seller and Buyer hereby agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered, at the Closing any and all such further acts, deeds and assurances as Buyer or Seller, as the case may be, may reasonably require to (a) evidence and vest in the Buyer the ownership of and title to the Property, and (b) consummate the transactions contemplated hereunder. 29. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. PURCHASE AND SALE AGREEMENT -12- 30. Governing Law. This Agreement and the right of the parties hereto shall be governed by and construed in accordance with the laws ofthe State of Washington and the parties agree that in any such action venue shall lie exclusively in Kitsap County, Washington. 31. Time of Performance. Time is specifically declared to be of the essence of this Agreement and of all acts required to be done and performed by the parties hereto. 32. Mutual Release. Except as specifically noted herein, the Buyer and the Seller do hereby forever release and discharge each other and each other's respective employees and agents from any and all claims each has against the other which (i) relate to the Property and (ii) which arise prior to the date of Closing. This release shall not extend to any claims under the terms and conditions of this Agreement. 33. Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither the Seller nor the Buyer shall be liable to the other for any representations made by any person concerning the Property or regarding the terms of this Agreement except to the extent that the same are expressed in this Agreement. This Agreement may be amended only by written instrument executed by the Seller and the Buyer subsequent to the date hereof, and approved by the City Council for the City of Bremerton. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. THIS AGREEMENT CONTAINS INDEMNIFICATION AND RELEASE PROVISONS. CITY OF BREMERTON CHEVRON U.S.A. INC. By: Title: By: Title: PURCHASE AND SALE AGREEMENT -13- Exhibit "A" That real property and existing improvements located on real property consisting of approximately 1.5 acres that is bordered by the Port of Washington Narrows on the east, the City of Bremerton sewage pump station property and Smith Cove on the north, Highland Avenue on the west, and residential property located to the south, and commonly known as 1310 Highland Avenue, Bremerton, Washington. PURCHASE AND SALE AGREEMENT -14- CVX File Bar Document Code Date 36751 10/19/1994 36751 6/2211993 36751 4/26/1994 36751 6/16/1994 36751 2/8/1994 36751 3/14/1994 36751 3/9/1994 36751 8/23/1994 36751 7/19/1994 36751 7/26/1994 36751 7/25/1994 36751 8/4/1994 36751 6/3/1994 36751 6/16/1994 36751 7/25/1994 36842 12/16/1991 36842 5/1511989 36842 6/3/1992 36842 8/18/1992 36842 6/12/1990 36842 11/6/1989 20683 4/21/2003 20683 9/23/2002 20683 11/14/2002 PURCHASE AND SALE AGREEMENT EXHIBIT "B" LIST OF ENVIRONMENTAL REPORTS CVX 100-1351, Chevron Bulk Terminal 1310 Highland Avenue, Bremerton, WA November 24, 2004 Document Title Groundwater Monitoring Report, July - September 1994 Groundwater Monitoring Report, April -June 1993 Groundwater Monitoring Report, January - March 1994 Groundwater Monitoring Report, April - June 1994 Groundwater Monitoring Report, October - December 1993 4th Quarter (10/1/93 to 12131/93) Vapor Extraction System Monitoring 2nd Quarter (4/1194 to 6130/93) Vapor Extraction System Monitoring Air Sparge Test Work Plan Bremerton Sparge Proposal Scope of Work and Estimated Costs to Perform a SVEIAS Field Design Test Proposal to Provide Sparge Pilot Test 2nd Quarter (411/94 to 6130/94) Vapor Extraction System Monitoring 1st Quarter (1/1/94 to 3131/94) Vapor Extraction System Monitoring Groundwater Monitoring Report, April - June 1994 Proposal - Sparge Pilot Test Status Report Interim Remedial Action Vapor Extraction System Phase I - Remediation Services, Bremerton Bulk Plant Status Report Status Report Work Plan Additional Site Characterization Summary of Work Accomplished to Date and Pending Groundwater Monitoring and Sampling Report (3/7/03) Summary Appraisal Report Groundwater Monitoring and Sampling Report (9/30102) Author Groundwater Technologies Groundwater Technologies Groundwater Technologies Groundwater Technologies Groundwater Technologies Emcon Northwest, Inc. Emcon Northwest, Inc. Groundwater Technologies Pacific Environmental Group Geraghty & Miller Emcon Northwest, Inc. Emcon Northwest, Inc. Emcon Northwest, Inc. Groundwater Technologies Groundwater Technologies Hart Crowser Hart Crowser Hart Crowser Hart Crowser Hart Crowser Hart Crowser Gettler-Ryan The Eastman Company Gettler-Ryan -15- 20683 20683 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 20642 20642 20642 20643 20643 20643 20643 20643 20643 20643 20643 20643 8/9/2002 4/20/2000 11/15/2001 12/14/2000 111811996 10/31/1995 511/1995 1119/1996 8114/1996 4/24/1996 2/19/1997 6/411997 10/23/1997 5/611998 1/27/1998 7/13/1995 8/18/1998 1/13/1995 10/13/1999 4/23/1999 11/6/1989 21711995 7/13/1993 9/29/1989 Jul-91 Nov-88 12/26/2001 11/611989 12/16/1991 4/14/1995 5/22/1995 11/17/1992 PURCHASE AND SALE AGREEMENT Site Reconnaissance Groundwater Monitoring and Sampling Report (3/17&18/00) Groundwater Monitoring and Sampling Report (9/27101) Groundwater Monitoring and Sampling Report (10/6/00) Quarterly Monitoring and Sampling Activities, 1216&7/95 Quarterly Monitoring and Sampling Activities, 9111/95 Quarterly Monitoring and Sampling Activities, 3/16/95 Quarterly Monitoring and Sampling Activities, 9/4195 Quarterly Monitoring and Sampling Activities, 6/5/96 Quarterly Monitoring and Sampling Activities, 3/14/96 Quarterly Monitoring and Sampling Activities, 12/23/96 Quarterly Monitoring and Sampling Activities, 4115197 Quarterly Monitoring and Sampling Activities, 9/15/97 Quarterly Monitoring and Sampling Activities, 3/18/98 Quarterly Monitoring and Sampling Activities, 12/29/97 Site Remediation Plans Quarterly Monitoring and Sampling Activities, 6121198 Fourth Quarter (9/22-12/19/94) Vapor Extraction System Monitoring Groundwater Monitoring and Sampling Report (8/31/99) Semi-Annual 1999 Groundwater Monitoring and Sampling Report Summary of Work Accomplished to Date and Pending Report of Air Sparge Pilot Test Further Site Assessment Memorandum Project Status Report Site Hazard Assessment Summary Report Report of Geotechnical Services Subsurface Contamination Study Spearman Engineering PS Gettler-Ryan Gettler-Ryan Gettler-Ryan Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Groundwater Technologies Pacific Environmental Group Emcon Northwest, Inc. Gettler-Ryan Gettler-Ryan Hart Crowser Groundwater Technologies Hart Crowser Hart Crowser Parametrix & SAIC GeoEngineers Discussion of Data from the Site Hazard Assessment and Summary Report Summary of Work Accomplished to Date and Pending Status Report Interim Remedial Action Vapor Extraction System Status Report Air Sparge Remediation System Work Plan and Installation Proposal Status Report Hart Crowser Hart Crowser Hart Crowser Hart Crowser Groundwater Technologies Hart Crowser -16- \1art CfO\Nser pacWic En\lironmenta\ GroUP 20643 51'151'1989 20643 3/'101'1994 20643 NO\l-98 20643 9/'101'1999 20643 1124/'1989 20643 4121/'1992 p"ase I. Remedlalion seNlees, B",me{\Oo Bull< Plaol supplemen\al EoViroOmeo\a1 S;le/,s~S;~:~:o and E09ioeeriOg oesigo Report, {<geoey Rev',eW o,all, lole"m ~e ,00 proposed for City of Brernerton ' J>,g,eed O,der bY Slale 01 was",OgloO 10 C't-! 01 BremerloO {<tlactl soil veotiog Syslem oesigo aod cosl proposal Mont"\\! statuS Reoort E')(ponent state of wasnington \1art cro\Nser ,--,~--,.--~~---_.- -'17- PURC\-\~SE. p.NO SA\..E. p.GRE.E.foAE.Ni From: To: Date: Subject: Phil Williams Sexton, Gary Tue, Aug 30, 2005 7:31 AM Fwd: FW: Cheveron site - Bremerton Gary - not much info with this e-mail but the answer to the question is here. >>> "Alexander, Steve (ECY)" <sale461@ECY.WA.GOV> 8/2/2005 >>> Phil, Justchecking in to confirm we can amend the existing Evergreen Park Interim ActionlAgreed Order to include the adjacent Chevron site into the Evergreen Park site. Any information you could share with us concerning Bremerton's possible planslschedules for the Evergreen/Chevron work andlor McConkey/Sesko work would be helpful in our work load planning. -----Original Message----- From: Alexander, Steve (ECY) Sent: Friday, June 24, 2005 11:47 AM To: 'Phil Williams'; Pendowski, Jim Cc: Thomas Knuckey; bwebb@parametriKcom; pbattuello@parametrix.com; Thiele, Steve (ATG) Subject: RE: Cheveron site - Bremerton Phil, What's this I hear about NASCAR just south of town? Big news for Bremerton and Kitsap County. The wheels are still turning, although very slowly, on answering the question as to whether the 9.08.99 Agreed Order for an Interim Action at Evergreen Park can be amended to incorporate the Chevron site. At this point the response is a qualified, yes. However, legal counsel has advised us that Ecology needs confirmation that the contamination at the Evergreen Park site extends onto the Chevron property, or at the very least is of such a similar character that the two properties could be considered a single site. On Monday I will assign one of my staff to review the files concerning the contamination extent and similarity questions and get back to me by the first week in July. As a suggestion, if the information Ecology needs is readily available to you all it might speed up our evaluation if you were to share that with us. Also, should amendment of the existing Agreed Order move forward the work plan will need to be amended to appropriately address the Chevron property and a similar restrictive covenant will need to be placed on the property, if necessary. I was wondering if there is any news on the McConkey/Sesko property re-development which would be of interest to Ecology in planning for any new work on this site? Take care. To: From: He: Date: Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum Mayor Bozeman City Council Roger A. Lubovich, City Attome~~:~::- _; '-.J .-",. Chevron Purchase and Sale Agreement ---,,,. August 24, 2005 The purpose of this memorandum is to clarify the liability exposure to the City with regard to the proposed purchase ofthe Chevron site. This clarification is the result of conversations I have had with Chevron's legal counsel, Mr. Jon Robbins, and his proposed amendments to the language of the agreement to clarify the liability of the parties. For your review, attached are: 1. My memo to you dated February 16, 2005; 2. A letter from Michael B. Gillett of McElroy Law Firm; 3. An email from Jon Robbins, Chevron's legal counsel; and 4. The updated proposed purchase and sale agreement. My February 16 memo to you set forth what I believed to be the liability exposure to the City. The memo noted that the agreement was unclear as to the meaning of some of the language. As a result, I contacted Mr. Robbins for clarification. The attached red-lined agreement modifies the language to more clearly set forth Chevron's intention with regard to City's liability. Chevron's email states that their position on the City's assumption of liability has never changed. Pursuant to the agreement, the City is liable and responsible for all claims arising after closing as follows: a) site compliance (soil, groundwater, and surface water) for the site and adjoining properties, including tidelands; b) sediment compliance for the site and adjoining properties, including tidelands; c) third party claims for costs associated with investigation and remediation incurred after closing (ie. claims for contribution for clean-up of adjoining properties); d) third party claims for personal injury and property damage arising after closing (ie. claims for illness or diminution in value of adjoining property due to hazardous substances from the site); e) natural resource damage claims arising after closing; f) responsibility for demolition and removal of dock, piling and dolphins located adjacent to the Property; and g) responsibility for installation of "sheer wall, " rip-rap" or other suitable material to prevent erosion at Smith Cove." To summarize, the City is responsible for any and all claims and costs arising after closing for clean-up and third party claims due to contamination of the site and any resulting contamination of adjoining properties, including tidelands. To: From: He: DatB: Offir;e of the City Attorney Roger A. Lubovich, City Attorney Memorandum City Council RogerA. Lubovich, CIty Attome~:~::::-.~~~~~ ~v-------. '---.:.:-----=~~_. Purchase and Sale Agreement ....... ~ February 16, 2005 ~------ / " The proposed purchase and sale agreement between the City of Bremerton (City) and Chevron, USA, Inc. (Chevron) covers a contaminated piece ofland near Smith Cove with known hazardous substances in the groundwater and soil. I have reviewed the proposed agreement and wanted to provide the following observations. The proposed purchase and sale agreement requires the following: . The City will assume environmental obligations, liabilities, and responsibility for all hazardous substances at, on, or under the purchased property and all adjoining properties. More specifically the City assumes responsibility for (1) compliance with clean-up levels required by law, (2) third party claims for costs incurred after closing to investigate and remediate, and (3) third party claims for damages suffered after closing. . The City would not assume responsibility for expenses already incurred by Chevron or others (as of the closing date) or for third party claims for damages suffered befote closing. Chevron specifically retains responsibility for (1) costs incurred by Chevron relating to hazardous substances on the property or adjoining properties, (2) clean-up and claims related to hazardous substances transported from the property, and (3) third party claims for costs incmred prior to closing relating to hazardous substances. . The City specifically agrees to demolish and remove the dock, pilings, and dolphins located in Smith Cove and to place rip-rap materials along the property adjacent to Smith Cove. Although the City does not specifically assume (nor does Chevron specifically retain) responsibility for third party claims for damages suffered before the closing, the City does agree to indemnify, defend and Ii/lId Chevron harmless from "any third party claims or suits relating to the presence of hazardous snbstances on the Property and in sediments in Smith Cove." Additionally, it is not clear how you would determine when "damages suffered" would be measured for purposes of assigning liability. The agreement does contemplate allocation of liability between pre and post closing in certain circumstances. The agreement specifically states that Chevron will convey a title at closing that includes a statement limiting the use of the property to that of a City park. While it is reasonable to believe that it can be used as an extension of Evergreen Park, it is not clear what structures or improvements, including a possible boardwalk, would be permitted on the property due to environmental constraints. The agreement abu contains an acknowledgement by the City that remediation of the hazardous substances on the property may require deed resnictions against the title. ENERGY ENVIRONMENTAL LAW HAZARDOUS WASTE INSURANCE LAND USE 0. ZONING LmGA1l0N NAWRAL RESOURCES PERMITS WATER RIGHTS McELROY LAW FIRM, PLLC TWO UNION SQUARE 60 I UNION STREIT. SUITE 3700 SEATTLE. WASHINGTON 98 101 RECEJ MIC A mgillett@mcelroylaw.com MAR 2 1 2005 City of Bremerton CIty Attorney's Office TELEPHONE (206) 654-4160 FACSIMILE (206) 654-416\ www.mcelroylaw.com March 16, 2005 SENT BY EMAIL TOroger.lubovich@ci.bremerton.wa.us AND BY U.S. MAIL Roger 1.\, Lubovich City Attorney City ofBremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 Re: Former Chevron tank farm property Environmental responsibilities under draft purchase and sale agreement Dear Mr. Lubovich: You asked us to describe the rights, obligations and liabilities that would be assumed by the City of Bremerton with respect to hazardous substances located on and adjacent to the former Chevron tank fann propertY if the City and Chevron were to enter into the 1/2412005 draft purchase and sale agreement, and those rights, obligations and liabilities that would be retained by Chevron. Nothing in this letter is intended to express an opinion on the enviromnental condition of the fonner tank farm property,' For purposes of our analysis, you asked us to assume that there are petroleum hydrocarbons in the soil, sediments and groundwater of the property and the adjacent property, and that the concentrations of petroleum hydrocarbons exceed the Method A cleanup levels as currently established by regulations promulgated by the Washington Depurtment of Eco!ogy under the Model Toxics Control Act. In preparing this opinion, we reviewed the documents you provided to us. These are: email from Roger Lubovich to Gary Sexton (11/1512004) regarding Chevron Property Agreement; [draft] Purchase and Sale Agreement (1/2412005); memorandum from Roger A. Lubovich to City Council (2/16/2005) regarding Purchase and Sale Agreement; and memorandum from Julie Wukelic to Gary Sexton (2/23/2005). In addition, we have relied upon our knowledge and experience. Representations and Warranties Under the purchase and sale agreement, Chevron represents and warrants to the City that, to the best of Chevron's knowledge and belief, the reports identified in Exhibit B, when taken collectively, accurately set forth the environmental condition of the property and accurately set forth the presence of hazardous substances that are on, in, under, have migrated from, are migrating from, or in the soil and ground water of the property. Paragraph 8.1. C:\OOCUMENTSAND SETTINGS\MGJLLETT\DESKTOP\RLUBOVICH 03 I 62005 LTR.DOC Roger A. Lubovich March 16,2005 Page 2 Significantly, this is not a warranty that the reports accurately set forth such environmental conditions or presence of hazardous substances. It is merely a warranty that Chevron has no knowledge or.beliefthat the reports are inaccurate. In fact, the purchase and sale agree expressly states that the City accepts the property in its existing condition, and disclaims that Chevron "has given or made any warranty or representation whatsoever concerning the physical condition" of the property. Paragraph 7. In other words, even if the reports are inaccurate, Chevron is in breach of its warranty only if it had knowledge or belief of the maccuracy. The City may wish to seek a warranty from Chevron that the reports are accurate and complete. Such a warranty may be particularly important given the cleanup responsibilities and exposure to third-party liability that the City is assuming, as discussed below. The documents listed in Exhibit B offer protection to the City against unknown environmental conditions or hazardous substances only to the extent that they are accurate and complete. Under the purchase and sale agreement, Chevron is to deliver these documents to the City within 2 days of executIon of the agreement. Paragraph 8.2. The City has until 45 days after execution to approve or reject the sale. Paragraph 8.3. In order to protect itself, the City would be well-advised to obtain an independent evaluation of the quality and thoroughness of the reports. This evaluation should be conducted by a qualified environmental consulting firm that is independent of Chevron and ChevroIi's consultants. It may be necessary for the City to conduct additional environmental assessments of the property, including field work and additional document review. This is permitted under the purchase and sale agreement. Paragraphs 8.3 and 8.4. Allocation of Responsibilities for Hazardous Substances The purchase and sale agreement allocates the responsibilities of the parties for regulatory compliance, third-party claims and liability with respect to hazardous substances. The term "hazardous substances" is defined broadly. It includes, but is not limited to, petroleum and petroleum products (which are covered by the Model Taxies Contra! Act definition). Paragraphs 5.1 and 6e. (1) Regulatory Compliance. Chevron states that it is not willing to convey the property to the City unless the City assures it either that the property will be cleaned up to the highly stringent Method A cleanup levels under the Model Toxics Control Act, or that the Department of Ecology will agree to a less stringent cleanup similar to that approved as part of the Evergreen Expansion Project. Recitals, p. 2. Therefore, the purchase and sale agreement requires that, on or before the closing date, the City deposit into escrow written substantiation from the Department of Ecology that it has approved a remedial approach for the property substantially similar to that approved for the Evergreen Expansion Project, including deed restrictions limiting the use of the property to that of a city park. Paragraph 14g. The parties should allow sufficient time before closing to obtain approval by the Department of Ecology. We assume that the City will seek a remedial action grant from the l\/r"l<'T:ROV T.dUT "l<'TRl\/r PT,T,(; Roger A. Lubovich March 16, 2005 Page 3 Department of Ecology, and to that end will be proposing a prospective purchaser consent decree. If the City has not already opened discussions with the department as to what it will require to approve a prospective purchaser consent decree for this property, it may wish to do so before committing to a time frame for closing. It is common for a seller to accept responsibility for remedial costs associated with known contaminants, and for the purchaser - after conducting a thorough due diligence - to accept responsibility for unknown contaminants or conditions. However, under the purchase and sale agreement, the City would be responsible for compliance with regulatory cleanup levels for soil, ground water, surface water and sediments at, on and/or under the property (or adjoining property if the hazardous substance originated on the property). Paragraphs 5a and 5b. In addition, the City would be responsible for compliance with all other environmental regulations concerning hazardous substances. Paragraph 5c. The only responsibility for cleanup retained by Chevron would be at other sites where hazardous substances from the property have come to be located through the past sale, transportation or disposal by Chevron or anyone acting on Chevron's behalf. Paragraph 6a. (2) Third-Party Claims. The stated intent of the purchase and sale agreement with respect to allocating responsibility for third-party claims is to allocate such responsibility in accordance with whether the relevant cost was incurred or damage suffered before or after the date of closing - with some claims including both pre- and post-closing elements. Paragraph 5g. As mentioned above, an alternative way to allocate responsibilities - and one that is commonly used - is to hold the seller responsible for claims that relate to known contaminants and conditions, and to hold the purchaser responsible for claims relating to unknown contaminants and conditions. Investigative and remedial costs. The City would be responsible for third-party claims for the costs "to investigate or remediate" hazardous substances where such costs are incurred (i.e., actually expended or legally obligated) after the closing date. Paragraph 5d. Chevron v/ould be respcnsible fer third~party claims, or portions of claims, for costs "relating to hazardous substances or the investigation thereof' where such costs are incurred prior to the closing date. Paragraph 6d. Damage claims. The City would be responsible for third-party claims for damages, and claims of federal, state or tribal governments for natural resource damages, where the damages are suffered after the date of closing. Paragraphs 5e and 5f. The purchase and sale agreement expressly states that third-party damage claims for damages suffered before the date of closing are excluded from the City's responsibility. Paragraph 5e. Therefore, responsibility for such claims is retained by Chevron. Paragraph 6. However, as discussed below, the purchase and sale agreement appears to have the City indemnifying Chevron against these claims. Qjf-site liability. Chevron would be responsible for third-party claims relating to hazardous substances that have come to be located elsewhere through such means as the past sale, transportation or disposal of such hazardous substances by Chevron or anyone acting on ""'~l<'.T.ROV T,A~ F'TRlVL PT,T,r, Roger A. Lubovich March 16,2005 Page 4 Chevron's behalf. Paragraph 6b. This appears to include claims for investigative and remedial costs, damages, and natural resource damages. Also, Chevron's retained responsibility appears to apply both to pre-closing and post-closing claims. Other Allocations. Chevron retains all environmental obligations, liabilities and responsibilities that are not expressly allocated to the City. Paragraph 6. In addition, Chevron would be responsible for costs it has incurred (or that have been incurred by its affiliates, parent companies, partners, consultants, representatives and agents) relating to actual or alleged hazardous substances at, on and/or under the property or adjoining property. Paragraph 6c. The City would be responsible for demolishing and removing the dock facility and associated pilings and dolphins, and for placing rip-rap material adjacent to Smith Cove to prevent erosion and possible releases of hazardous substances. Paragraphs 5h and 5i. Hold Harmless Agreement The parties would save, defend and hold harmless one another from "any claims, demands, penalties, causes of action, attorney fees or other costs" arising from or related to their respective environmental responsibilities allocated under the purchase and sale agreement. Paragraphs 5.2a and 6.1. (The agreement also recites that the City shall indemnify Chevron, but the term indemnify is not used to describe Chevron's responsibility to the City. Ibid. This distinction probably is not meaningful, as "indemnify" and "hold harmless" generally are understood as largely interchangeable. Nevertheless, a potential misunderstanding could be avoided by drafting the two provisions with identical terms.) In addition, the City expressly agrees to save, defend, hold harmless and indemnify Chevron from any third-party claims or suits relating to the presence of hazardous substances on the property and in Smith Cove sediments. Paragraph 5.2b. This provision is not limited to claims or suits for post-closure costs or damages. This is inconsistent with the purchase and sale agreement's express exclusion of City responsibility for pre-closing third-party damage claims, discussed above. Since the indemnification in paragraph 5.2a addresses all of the City's assumed responsibilities, this additional indemnification appears either unnecessary or overbroad. If it serves an acceptable purpose, that purpose should be better clarified and the scope narrowed. Finally, the City expressly agrees to save, defend, hold harmless and indemnify Chevron from any responsibility to comply with requirements relating to hazardous substances that are imposed by jurisdictional government agencies (including the Department of Ecology). Paragraph 5.2c. Conclusion The purchase and sale agreement places cleanup responsibility on the City both for known and unknown conditions. Chevron does not warrant the condition of the property. It only warrants that, to the best of its knowledge and belief, the Exhibit B reports accurately describe the environmental conditions and hazardous substances. The City might consider seeking a broader warranty, requiring Chevron to back up the accuracy of its reports. McELROY LAW FIRM, PLLC Roger A. Lubovich March 16,2005 Page 5 At a minimum, the purchase and sale agreement should be improved by drafting it to better reflect the scope of obligations being assumed by the City those retained by Chevron. Of particular importance, the responsibility for third-party damage claims needs to be clarified, as the description of the City's assumed responsibilities and the indemnity provided by the City to Chevron appear inconsistent. In any event, the City should conduct a thorough due diligence investigation, using an environmental consulting firm that is independent of Chevron and Chevron's consultants. The due diligence should include a review of the Exhibit B documents for quality and accuracy, but should not necessarily be limited to mere document review. Additional field work may be required. Sufficient time should be allocated to the due diligence period to ensure that the work is done properly. Finally, although not discussed above, we are curiouso whether Chevron might be insured under any liability insurance policy applicable to the property. Apparently, this site operated from 1950 to 1988, and the contamination was discovered in 1989. Therefore, it is likely that much of the contamination occurred before the mid-1980s, when insurance companies began using the absolute pollution exclusion. Furthermore, the contamination apparently extends to ground water; therefore, the typical owned-property exclusion likely does not apply. Even if Chevron were self-insured for a portion of this period, if insurance were in place at any point, it may provide a valuable source of funds for cleanup. It may be beneficial both to the City and to Chevron to retain the services of an insurance archaeologist firm to investigate whether insurance exists that may contribute to the cleanup, as well as protect against third-party claims. We appreciate this opportunity to assist you and your client on this matter. Should you desire further assistance by outside counsel on this transaction, we are available as your needs dictate. Very truly yours, ?vkELROY LAW FIP..l\tl, PLLC ~~ Michael B. Gillett ll.IT..-. -VT .DAV T. J\ 'AT PTDl\.iT DT ,T ., r'[ubovi"ch':Rit'chevron"'S'remertonI3uikpiant...'PLJrcha'se.andsale7\gr;;;nenf ,.. ____ '__u___ ""~_""'.'_______" "'ow"."". ______c.",',',.,"~'''___n'- '.'",',"_,'_:='_'^'._,______,,~,,-~.-,,_, .'-W__'_,__.'_ ,',',','''_'' 0'_______,__.'__'____'_., .-,.,.,,__.-_'_'_:.:.:.','.-.00'__'_:.,.', "_"Wo' ~"'.-,--,_",._"""','_,.,..-<':,',>:':,"_''',~.,','' -',-.'.'00--'-"-, '_'.:. ",: ,:""w':"-""'-<~~d,~':<.l:;"--'--'-'---' ,"..'."" -'-_--___",-':':'_~.:'_:_'X'. ';;-::I?"^o Pa From: To: Date: Subject: "Robbins, Jon (JONR)" <JONR@chevron.com> "rlubovich@ci.bremerton.wa.us" <'rl ubovich@ci.bremerton.wa.us'> 8/9/20053:46:44 PM RE: Chevron Bremerton Bulk Plant Purchase and Sale Agreement Roger: Per our telephone discussion of this afternoon, I modified Paragraph 5.2 b. I have attached new "red-line" and "black-line" drafts for your final approval and presentation to the Council. We have worked with City representatives on this matter for a long time and think that the transaction benefits both the City of Bremerton and Chevron. As I indicated y'hevron's position regarding the basic deal points has no! .~hanged for more than a year and have not changed since my E-Mail message sent to you on November 3, 2003, which was f0110wed by the first draft of the Purchase and Sale Agreement on November 11, 2004. If for some reason the Council desires to change the major deal points which have been approved by Chevron management, please let me know immediately. We have all been working on this transaction for a very long time, and Chevron may want to go another direction if we are not going to be able to consummate this transaction in the very near future on the terms previously proposed. Thanks for your assistance. <<Bremerton Purchase and Sale-Black-Line Final.doc>> <<Bremerton Purchase and Sale-Red-Line Final.doc>> Jon Robbins > -----Original Message----- > From: Robbins, Jon (JONR) > Sent: Tuesday, August 09,200510:16 AM > To: 'rlubovich@cLbremerton.wa.us' > Cc: Whiteneck, Charles (ChuckWhiteneck); O'Regan, Gerald (GRGN) > Subject: Chevron Bremerton Bulk Plant Purchase and Sale Agreement > > Mr. Lubovich: Thank you again for the time you spent with me on the > telephone yesterday discussing the confusion which the last version of > the Purchase and Sale Agreement at Section 5. had caused relating to > the City of Bremerton's included and excluded responsibilities. I > have spent some time reworking the language of Section 5. I have > attached both a "red-line" and "black-line" version of the PSA for > your consideration. > > I believe that the document now clearly indicates at Section 5. that > the City of Bremerton is responsible for: a) site compliance (soil, ~~;;(iWater.-~,md sUrfacewaterY;b) sediment compliance at the' > property and on adjoinir;gproperty;clthird party claims forcosts -;a"ssociated with investigation- ancTre-mediation incurred after Closing; ~'Cij ,1~~r(j'E?iIy~~:i!liI~.p~i~i.6:~G6lijti~~2!~f~!Y~~~~9.~_~ccr~~ ~t~I-QIQ~!ng~_~LQ@:!':!!:9Lr.~~Q~~~_cJ"~.rn~9.~.~,~ims...?~<?!:.l:Jed ~~ >.&LQ~jOg;,gtr~~p()_Q~ibility. for demolition and removal of dock, piling ~~_~_ ~__. ~~~J~.". '~~~'_>O<_'''.U.'_~"~^,>"___~...+"__W>_,_,,_~__'''~~~,,,.....,.._~__..,......_____,_"~.",.. [L. '. .. .... ...,. '.' '..,... .. .'. .................... .'.'...... ..,., .. .,..... ..L,... .................................. ' ...... ............,.... ..... ... .. ...C....... ....'. mm..." ... " ..,' . ll.'.~~~~'~...~m~~~~iC,b.:'~.~:.C.~.~~.~~.~.......~.~.~.~,~r!,~.~..~~IE.~:I~~mt~gf~~,~~~'..~.~.~..~~I~'~Q.f~~~~6t..... ',..""mN.....,.."....",..'....1 Page 2 ". _,_.uu,."._,,,,"",," "--'""""""'---'-""ii:j > and dolphins located adjacent to the Property; and h) responsibility ..... --~---~- > for installation of "sheer wall", "rip-rap" or other suitable material >topreventerosTon'at~frlillhCove.-Tf after rev-iewing the revisions I > have-'madeyoofeel that the obligations of the City of Bremerton are > still not sufficiently clear, I invite you to propose some language > that you are more comfortable with. > > I made the changes you requested to the Section 21. relating to > Bremerton notices, and I also made changes to Sections 4. and 12. > providing for a closing of this transaction by October 1, 2005. As > you will recall the earlier closing date was intended to occur in > April of this year. > > I had earlier modified the PSA to reflect the use of Trans Nation > Title Company. Can you provide me with the address of the office and > name of the escrow officer you want to work with so that an escrow can > be set up? > > Please let me know at your earliest convenience whether the PSA in its > current form is satisfactory for you to present and explain to the > City Council. > > Thanks for your assistance. > > <<File: Bremerton Purchase and Sale-Red-Line Final.doc>> <<File: > Bremerton Purchase and Sale-Black-Line Final.doc>> > > Jon N. Robbins, Senior Counsel > > Chevron U.S.A. Inc. > Environmental Law Practice Group > A Chevron Company > 6001 Bollinger Canyon Road, Room T-3248 > San Ramon, CA 94583 > Tel (925) 842-0901 Fax (925) 842-2011 > cc: "White neck, Charles (ChuckWhiteneck)" <ChuckWhiteneck@chevron.com>, "O'Regan, Gerald (GRGN)" <GRGN@chevron.com> PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into by and between the City of Bremerton, a Washington municipal corporation ("Buyer") and CHEVRON U.S.A. INC., a Pennsylvania corporation ("Seller"). RECITALS WHEREAS, Seller desires to sell, and Buyer desires to purchase, certain real property located along Sheldon Boulevard in the City of Bremerton, State of Washington, comprised of approximately 1.5 acres of land (the "Property"); and WHEREAS, Seller's predecessor, Standard Oil Company of California, operated a bulk fuel storage and distribution plant on the Property and an adjacent dock from approximately 1950 through 1988; and WHEREAS, in approximately 1989, motor fuel hydroc,arbon contamination was discovered to be present on the Property in soil and groundwater, which was caused by or resulted from Seller's operations on the Property; and WHEREAS, since Seller's discovery of contamination on the Property, it has been actively engaged in remedial and monitoring activities on the Property; and WHEREAS, other real property located adjacent to the Property was formerly used by others for commercial and light industrial purposes, including fuel storage and maintenance operations, which uses resulted in the release of petroleum hydrocarbon contamination into the soil and groundwater at those sites; and WHEREAS, Buyer acquired most of the real property located adjacent to the Property and to Evergreen Park and following the demolition of improvements located on the adjacent property incorporated the property as part of an expansion of Evergreen Park (the "Evergreen Expansion Project"); and WHEREAS, Buyer entered into an Agreed Order (No. DE OOTCPNR-835) with the State of Washington Department of Ecology ("WDOE"), which Order required that Buyer perform certain agreed upon remedial activities directed at remediating contamination identified and located within the Evergreen Expansion Project area, to levels acceptable to the WDOE but in excess of the Method "A" Residential Cleanup Levels for Soil established by WAC 173-340- 740. Buyer further agreed to limit the uses of the property included within the Evergreen Expansion Project area to activities that are consistent with the requirements of the Interim Action Work Plan approved by WDOE for the property located within the Evergreen Expansion Project; and PURCHASE AND SALE AGREEMENT July 6, 2005 -1- WHEREAS, Buyer and Seller agree that the hazardous substances present on the Property are substantially similar in character and concentration to the hazardous substances that were and are present on the property comprising the Evergreen Expansion Project, such that the scope of the Interim Remedial Action previously performed by Buyer at the Evergreen Expansion Project could appropriately be applied to the remediation of hazardous substances on the Property, if the Property was subject to the same use restrictions as are applied to Evergreen Park; and WHEREAS, Seller has expressed its concern to Buyer, that it can not give up possession, ownership and control of the Property due to its environmental condition, without some assurances and guarantees that the hazardous substances present on the Property are going to be remediated to the above-referenced Method "A" residential standards, or in the alternative that to less stringent standards permitted and approved by WDOE. Further, Seller has indicated to Buyer that assurances similar to those contained in the above-referenced Agreed Order relating to the Evergreen Expansion Project site, which provide that the uses of the property can not change if the risk of the public's exposure to harmful hazardous substances was increased, must also be provided before it will sell the Property to Buyer. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Property. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, the real property as more particularly described on Exhibit "A" (the "Property"). 2. Consideration For Purchase. The Buyer shall provide the following consideration to Seller for the Property: a. The Buyer shall assume the "Assumed Responsibilities" as defined and on the terms and conditions set forth in Section 5, below. b. The Buyer shall pay Seller the sum of One Hundred Dollars ($100.00). 3. Environmental Contamination: The parties recognize that the Property is now the subject of a Department of Ecology action to address the presence of hazardous substances in groundwater and soil. The parties note that the nature and extent of the hazardous substances on the Property is set forth in the following reports (the "Reports"). A list of the Reports is attached hereto as Exhibit "B": PURCHASE AND SALE AGREEMENT July 6, 2005 -2- 4. Title to Property. Seller shall convey to Buyer at the Closing which shall occur no later than the date of October 1, 2005, (the "Closing Date"), ac hereinafter defined, insurable fee simple title free and clear of all encumbrances except the Permitted Exceptions, as defined below, by execution and delivery of a Statutory Warranty Deed to the Property in a form acceptable to Buyer but which include a statement limiting the use of the Property to that of a City park (the "Deed"). Buyer understands and agrees that the remediation of the hazardous substances may require certain deed restrictions recorded against title to the Property. 4.1 Seller and Buyer shall share equally the cost of a standard form title insurance policy naming Buyer as the insured (the "Title Commitment") Seller shall cause to be furnished to Buyer legible true copies of all instruments referred to in the Title Commitment as restrictions or exceptions to title to the Property 4.2 Buyer may commission an AL T A survey of the Property at Buyer's sole expense. If Buyer elects to commission a survey, Buyer shall provide Seller a copy of the survey. In any event, the delivery of the survey shall not delay Closing. 4.3 Buyer shall have until thirty (30) days after execution of this Agreement by both parties, (the "Review Period") in which to notify Seller of any objections Buyer has to any matters shown or referred to in the Title Commitment or the Survey. Any exceptions or other items that are set forth in the Title Commitment or the Survey and to which Buyer does not object within the Review Period shall be deemed to be permitted exceptions (the "Permitted Exceptions"). With regard to items to which Buyer does object within the Review Period, Seller shall notify Buyer within ten (10) days after Seller receives Buyer's notice of objections of any exceptions to title which Seller is not able to remove or otherwise resolve, and Buyer may at Buyer's option either (i) waive its objections to such exceptions or (ii) terminate this Agreement without further to either party. Encumbrances, liens and exceptions found to be unacceptable to Buyer shall be discharged by Seller at least ten (10) days prior to Closing. 4.4 The Seller represents and warrants that there are no leases affecting the Property. 5. Environmental Responsibilities Assumed by Buyer. After the Closing Date (as defined below), Buyer shall be responsible for the following "Assumed Responsibilities" relating specifically to hazardous substances that are identified in the Reports and which (i) are located at, on and/or under the Property immediately prior to and after the Closing Date, and/or (ii) are located at, on and/or under Adjoining Properties immediately prior to and after the Closing Date that originated on the Property. The term "Adjoining Properties" shall mean the properties that share a common boundary with the Property. The Assumed Responsibilities are as follows: a. Compliance at, on and/or under the Property and/or Adjoining Properties with applicable soil, groundwater, and surface water cleanup levels promulgated under the Model Toxics Control Act or other applicable e~nvironmental Rregulations and relating to the hazardous substances described in this Section 5 ("Environmental Regulations"; PURCHASE AND SALE AGREEMENT July 6, 2005 -3- b. Compliance at, on and/or under the Property and/or Adjoining Properties with applicable sediment cleanup levels promulgated under the Sediment Management Standards or other applicable Environmental Regulations and relating to the hazardous substances described in this Section 5; c.Complinnce '1.'ith 011 other requiromentc of applicable Environmental Regulations and relating to the hazardouc cubstnncec deccribed in thic Section 5; e-:.c.Claims by third parties relating to tAe costs incurred after the date of closing to investigate or remediate the hazardous substances described in this Section 5. The claims by third parties for expenses incurred before the Closing Date are specifically excluded from Assumed Responsibilities. The term "incurred" means to have actually expended funds or be legally obligated to pay for services provided. For example, if a consultant of a third party did work prior to and after closing then Seller would be obligated for the charges for work done prior to closing and Buyer would be obligated for charges for work performed after closing7~ e-:d. Claims by third parties for personal injury and property damages cufforedarising after the Date of Closing associated with hazardous substances described in this Section 5. The claims by third parties for personal injury and property damages arisingsuffDred before the Closing Date are specifically excluded from Assumed Responsibilities incurred prior to the Closing Date. The term "arising" means that point in time when the damage complained of is sustained and not when causes are set in motion which ultimately produce the damage to person or property; and/or foe. Natural Resource Damages Claims or similar claims for damages cufferodwhich arose after the Closing Date asserted by any Native American Tribe, federal agency or state agency for contamination or degradation of natural resources relating to hazardous substances described in this Section 5.~ ~ With regard to claims, it is the intention of the parties to divide responsibility for claims as of the date of closing. The parties recognize that some claims will be clearly pre- closing, some claims will be clearly post-closing and some claims will require allocation as between pre and post closing. fl.:.g. Buyer specifically assumes the sole responsibility for the demolition and removal at its sole cost and expense of the dock facility and associated pilings and dolphins, located adjacent to the Property at Smith Cove and previously operated by Seller as an adjunct facility to its fuel distribution and storage operations conducted on the Property. h-h. Buyer specifically assumes the sole responsibility, as part of its future development and incorporation of the Property as part of Evergreen Park, to place "sheerwall metal pilings"l.-ef "rip-rap" or other materials along the portion of the Property that is adjacent PURCHASE AND SALE AGREEMENT July 6, 2005 -4- to Smith Cove suitable to prevent and inhibit the future erosion and possible release of contamination into the water at Smith Cove. PURCHASE AND SALE AGREEMENT July 6, 2005 -5- 5.1 The definition of Assumed Responsibilities set forth in Section 5 is agreed to be complete, comprehensive and exhaustive. The parties agree that the Buyer shall not be deemed to have assumed additional responsibilities that are not expressly enumerated herein. The term "hazardous substances", as used in this paragraph 5, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980,42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated there under. 5.2 Buyer shall forever, save, defend, hold harmless and indemnify the Seller, Seller's subsidiaries and affiliates, directors and employees, insurers and agents from: a. Any claims, demands, penalties, causes of action, attorney fees, consultant fees or other costs (the "Costs") arising from or related to the Assumed Responsibilities. b. Any third party claims or suits relating to the presence of hazardous substances on the Property and in sediments in Smith Cove, excluding claims by third parties for personal injury and property damage which arose prior to the Closing Date as set forth at Section 5 d. above.,. c. Any responsibility to comply with any requirements imposed by any government agency with jurisdiction over the Property, including WDOE, relating to hazardous substances. 6. Environmental Responsibilities Retained by Seller. Buyer's Assumed Responsibilities specifically exclude, and the Seller's "Retained Responsibilities" include, all environmental obligations, liabilities and responsibilities not expressly listed in Section 5, above, including without limitation the following potential claims and/or conditions: a. Requirements of applicable Environmental Regulations for investigation and/or cleanup of hazardous substances that may have come to be located elsewhere as the result of the past sale, transportation or disposal of said hazardous substances by Seller or anyone that acted on Seller's behalf. b. Claims by third parties relating to hazardous substances that have come to be located elsewhere by mechanisms including but not limited to the past sale, transportation or disposal of said hazardous substances by Seller or anyone that acted on Seller's behalf. . c. Any costs incurred by the Seller or its affiliates, parent companies, partners, consultants, representatives and agents relating to hazardous substances or the allegation of PURCHASE AND SALE AGREEMENT July G, 20M -6- hazardous substances located at, on and/or under the Property and/or Adjoining Properties. d. Any claims or portions of claims by third parties relating to costs incurred prior to the Closing Date and relating to hazardous substances or the investigation thereof located at, on and/or under the Property and/or Adjoining Properties. e. The "hazardous substances", as used in this paragraph 6 shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated thereunder. 6.1 Seller shall forever, save, defend and hold harmless the Buyer, its commissioners, employees, insurers and agents from any claims, demands, penalties, causes of action, attorney fees, consultant fees or other costs (the "Costs") arising from or related to the Retained Responsibilities. The Buyer shall promptly notify the Seller of any such Costs and thereafter reasonably cooperate with Seller in Seller's defense of any such Costs. 7. Inspection and Condition of Property. The Property has been carefully inspected by Buyer, and Buyer finds it acceptable for its intended uses as an addition to Evergreen Park. Except as may be otherwise provided herein (including without limitation the provisions included in Sections 5 and 6, above) and as contained in the Reports, Buyer hereby accepts the Property in the condition existing on the date it executes this Agreement and confirms that neither the Seller nor any agent or representative of the Seller has given or made any warranty or representation whatsoever concerning the physical condition thereof or its suitability for the uses or purposes to which the same may now or hereafter be placed. 8. Seller's Representations and Warranties. Seller represents and warrants to Buyer the following: 8.1 Seller represents and warrants that to the best of Seller's knowledge and belief the Reports when taken collectively accurately set forth the environmental condition of the Property and accurately set forth the presence of hazardous substances that are on, in, under, have migrated from, are migrating from, or in the soil and groundwater of the Property. The term "hazardous substances", as used herein, shall mean any substance heretofore or hereafter designated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. See 6901 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Sec. 1257 et seq.; the Clean Air Act, 42 U.S.C. Sec. 2001 et seq.; the Comprehensive Environmental Response Compensation and Liability Act of 1980,42 U.S.C. Sec. 9601 et seq.; or the Hazardous Waste PURCHASE AND SALE AGREEMENT July 6, 2()()5 -7- Cleanup-Model Toxic Control Act, RCW 70.1 05D all as amended and subject to all regulations promulgated thereunder. 8.2. Seller has delivered, or will deliver to Buyer within 2 days of execution of this Agreement, full and complete copies of (1) any existing surveys, geological reports, tests, and hazardous materials reports or investigations of the Property and (2) all government permits, licenses and approvals, any existing appraisals of the Property or any portions thereof, and any studies or other reports or information in the possession of Seller which pertain in any way whatsoever to the Property, including without limitation, the condition thereof and/or any present or potential development and/or use of the Property (all of which items in this clause being collectively, the "Development Documents"). 8.3 The condition of the Property for Buyer's contemplated use shall meet the approval of Buyer, in Buyer's sole discretion, to be determined by Buyer and approved or rejected on or before forty-five (45) days after the date of execution of this Agreement (the "Due Diligence Period"). During the Due Diligence Period, Buyer, its designated representatives, attorneys and auditors or agents, shall have the right at Buyer's expense to (i) conduct an inspection of the Property; (ii) obtain further environmental assessments of the Property; (iii) examine all records and information in the possession Seller or any property manager or other agent of Seller pertaining to past, present or future construction, condition and operation of the Property (the "Records"), and (iv) make copies of the Records, at Buyer's own expense, during business hours and upon reasonable notice to Seller. 8.4 Buyer, its designated representatives or agents shall have the right upon reasonable notice and during reasonable hours to enter the Property and conduct environmental, structural and civil investigations of the Property. The inspection of the Property shall not physically damage the Property or unreasonably interfere with the usual operation of the Property by Seller. 8.5 If Buyer concludes that the Property fails to meet Buyer's standards in Buyer's sole discretion, Buyer may terminate this Agreement upon written notice to Seller on or before the expiration of the Due Diligence Period. If no notice is given by Buyer to Seller waiving or satisfying the contingencies in this Section prior to the end of the Due Diligence Period, Buyer will be deemed to have terminated this Agreement and neither party shall have any further obligation to the other hereunder. 8.6 From and after the date of execution hereof, unless this Agreement is terminated in accordance with its terms, Seller shall not, without the prior written consent of Buyer: (i) enter into any agreement, contract, commitment, lease or other transaction that affects the Property in any way; provided that Seller may enter into any service or maintenance contracts with terms expiring on or prior to the Closing Date, or (ii) sell, dispose of or encumber any portion of the Property. PURCHASE AND SALE AGREEMENT July 6, 2005 -8- 8.7 There are no other contracts or agreements in force or effect for sale of all or any portion of the Property, and Seller agrees not to enter into any such contracts or agreements between the date hereof and Closing. 8.8 There is no action, suit, investigation or proceeding (administrative or otherwise) pending or threatened against or affecting the Property or any portion of it, the transactions contemplated hereby, or which might affect the right of Buyer to own, operate, develop or possess the Property or which might have a material effect on the business of the Property or result in any liability of Buyer with respect thereto. 8.9 There is no pending or threatened dispute or action concerning the boundaries of the Property as currently utilized by Seller. PURCHASE AND SALE AGREEMENT July 6, 2005 -9- 8.10 Except as previously disclosed, and identified and discussed in the Reports relating to the presence of hazardous substance both on and originating from the Property, Seller has no knowledge of any latent defects in the Property which would not be discovered in a normal non-invasive inspection of the Property or which has not been discussed in the Reports. 8.11 Seller's execution, delivery and consummation of this Agreement shall not result in any default or violation of any agreement or law by which Seller is bound or which will result in any lien, charge or encumbrance on the Property. 8.12 All persons and entities supplying labor, materials and equipment to the Property have been paid and there are no claims of liens or service contracts applicable to the Property. 8.13 The representations, warranties, hold harmless and indemnification contained herein are a material and negotiated part of the consideration provided by Seller to Buyer and were an inducement to Buyer to enter into this transaction. The representations, warranties, hold harmless and indemnification contained herein shall not merge into the deed or any other document provided to Buyer but, rather, shall survive the closing of the transaction contemplated herein and be and remain separate and enforceable beyond the closing. Seller shall indemnify, defend and hold Buyer harmless from and against any cause, claim, loss, damage or expense, including. attorneys' fees, which Buyer suffers as a result of a breach of the representations, warranties and covenants contained in this Agreement. It is expressly agreed and understood that the effect of the representations and warranties made in this Agreement shall not be diminished or deemed to be waived by any inspections, tests, investigations, or discoveries made by Buyer or its agents. 9. Buyer's Authority. Buyer hereby represents and warrants that Buyer is a Washington municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington. Buyer has full right, power and authority to execute this Agreement. No other authorizations or approvals, whether of governmental bodies or otherwise, will be necessary in order for Buyer to enter into this Agreement. 10. Buyer Contingencies. Buyer's obligations under this Agreement are subject to satisfaction of the following conditions precedent: a. Buyer shall advise Seller in writing pursuant to Section 4.3 what exceptions to title, if any, will be accepted by Buyer. Only those exceptions approved in writing by Buyer shall constitute "Permitted Exceptions". If Seller shall fail to remove any such objectionable exceptions from title prior ten (10) days before the Closing Date, and Buyer is unwilling to take title subject thereto, Buyer shall have the right to terminate this Agreement without further obligation to either party. PURCHASE AND SALE AGREEMENT July G, 2005 -10- b. Seller's representations and warranties set forth herein shall be true, correct and complete as of the Closing and shall be deemed automatically reaffirmed on the Closing Date as true and correct. c. The foregoing conditions contained in this Section 10 are intended solely for the benefit of Buyer. If any of the foregoing conditions are not satisfied, Buyer shall have the right, at its sole election, either to waive the condition in question and proceed with the purchase or, in the alternative, to terminate this Agreement, without further obligation to either party. 11. Escrow. Upon execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Trans Nation Title Insurance Company of Bremerton, Washington (the "Escrow Holder") and this Agreement shall serve as the instructions to Escrow Holder for consummation of the purchase and sale contemplated hereby. Seller and Buyer agree to execute such additional and supplemental escrow instructions as may be appropriate to enable the Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the provisions of this Agreement and any supplemental escrow instructions, the terms of this Agreement shall control. 12. Closing. The closing hereunder (the "Closing") shall be held and delivery of all items to be made at the Closing under the terms of this Agreement shall be made at the offices of Escrow Holder within ten (10) days of the satisfaction of all contingencies but in no event earlier than February 1, 2005, and no later than September 19, 2005/\pril 1, 2005, or such other date as Buyer and Seller may mutually agree in writing. Such date may not be otherwise extended without the written approval of Seller and Buyer, except as otherwise provided in this Agreement. All documents shall be deemed delivered on the date the Deed is recorded. 12.1 In the event the Closing does not occur on or before the Closing Date, Escrow Holder shall, unless it is notified by both parties to the contrary, return to the depositor thereof items which may have been deposited hereunder. Any such return shall not, however, relieve either party hereto of any liability it may have for its wrongful failure to close. 13. Documents to be Delivered by Seller for Closing. On or prior to the Closing Date, Seller shall deposit with Escrow Holder, the following: a. The Deed duly executed and acknowledged by Seller, which includes use limitations restricting the use of the Property to that of a City park, together with a duly signed real estate excise tax affidavit; b. A standard owner's policy of title insurance with liability in the amount of $1,000,000.00, naming the Buyer as insured; c. Seller's portion of all costs and fees as provided for in Section 15. PURCHASE AND SALE AGREEMENT July G, 2005 -11- d. Any reconveyance documents required to eliminate of record any existing deeds of trust and other security instruments which are a lien on the Property; e. Such resolutions, authorizations, certificates, court orders or other documents or agreements relating to Seller, as shall be reasonably required in connection with this transaction; f. Any other documents, instruments, data, records, correspondence or agreements called for hereunder which have not previously been delivered; g. Such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof; and, 14. Documents to be Delivered by Buyer for Closing. On or before the Closing Date, Buyer shall deposit with Escrow Holder the following: a. The Buyer's portion of costs and fees as set forth in Section 15; b. Written approval of the Deed; c. Such resolutions, authorizations, certificates, court orders or other documents or agreements relating to Buyer, as shall be reasonably required in connection with this transaction; d. Any other documents, instruments, data, records, correspondence or agreements called for hereunder which have not previously been delivered; and e. Such other instruments as are reasonably required by Escrow Holder or otherwise required to close the escrow and consummate the purchase of the Property in accordance with the terms hereof; and f. Written substantiation from the WDOE that it has approved a remedial approach for the Property substantially similar to that approved for the Evergreen Expansion Project site, including the imposition of the requirement that the deed to the Property limit the use of the Property to that of a City park. 15. Prorations. All revenues and all expenses of the Property, including but not limited to, real property taxes, special assessments, rents, water, sewer and utility charges, amounts payable under the Agreement, annual permits and/or inspection fees (calculated on the basis of PURCHASE AND SALE AGREEMENT July 6, 2005 -12- the respective periods covered thereby), and any other expenses normal to the ownership, use operation and maintenance of the Property shall be prorated as of 12:01 a.m. on the Closing Date. 16. Costs and Expenses Paid at Closing. The Buyer shall pay the cost of the premium for any extended owner's policy of title insurance it may desire to secure, all applicable real estate excise taxes, and the cost of any other documentary or other transfer taxes applicable to the sale. The escrow fee and costs of recording shall be paid split equally by the parties. Each party shall bear its own attorneys' fees for negotiating and drafting this Agreement. 17. Possession. Possession of the Property shall be delivered by Seller to Buyer on the Closing Date. 18. Default and Remedies. In the event of a material breach or default in or of this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof by Buyer or Seller, then the other party shall have, in addition to a claim for damages for such breach or default, and in addition to and without prejudice to any other right or remedy available under this Agreement or at law or equity, the right to (a) demand and have specific performance of this Agreement; or (b) terminate this Agreement upon written notice without liability to the other party. 19. Litigation. In the event either party hereto finds it necessary to bring an action against the other party to enforce any of the terms, covenants or conditions hereof or any instrument executed pursuant to this Agreement, or by reason of any breach or default hereunder or thereunder, the party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by such prevailing party all such costs and attorneys' fees shall be included in any such judgment. The reasonableness of such costs and attorneys' fees shall be determined by the court and not a jury. 20. Brokers and Finders. Each party represents to the other that no broker or finder has been involved in this transaction. In the event of a claim for broker's fee, finder's fee, commission or other similar compensation in connection herewith, the party that incurred such a fee or obligation shall be solely responsible for the payment thereof. 21. Notices. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally recognized overnight delivery service, or if mailed or deposited in the United States mail and sent by registered or certified mail, return receipt requested, postage prepaid to: Seller at: PURCHASE AND SALE AGREEMENT July 6, 2005 ChevronTexaco Business and Real Estate Services -13- Real Estate Downstream Properties 2613 Camino Ramon, Bishop Ranch 3 San Ramon, CA 94583-4289 Attention: Mr. Charles Whiteneck Buyer at: City of Bremerton Attn: Office of Economic Development 239 4th Street Bremerton, WA 98337 With a copy to: City Attorney 345 6th Street,#600 Bremerton, WA 98337 or to such other address as either party hereto may from time-to-time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. At the request of either party or the Escrow Holder, the parties will confirm facsimile transmitted signatures by signing an original document. If the last day of a period falls on a day on which the recording office of the county in which the Property is closed, the expiration of the period shall be extended to the first day thereafter in which any such recording office is open. 22. Amendment. No modification, termination or amendment of this Agreement may be made except by written agreement signed by all parties. 23. Waiver. No failure by Seller or Buyer to insist upon the strict performance of any covenant, duty agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice, and only by notice as provided herein may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenant of any other party hereto. No waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 24 Survival. All provisions of this Agreement which involve obligations, duties or rights and all representations, warranties and indemnifications made in or to be made pursuant to this Agreement shall survive the Closing Date and/or the recording of the Deed and separately enforceable as a contract. 25 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. PURCHASE AND SALE AGREEMENT July 6, 2005 -14- 26. Severability. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 27. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 28. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller or Buyer, Seller and Buyer hereby agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered, at the Closing any and all such further acts, deeds and assurances as Buyer or Seller, as the case may be, may reasonably require to (a) evidence and vest in the Buyer the ownership of and title to the Property, and (b) consummate the transactions contemplated hereunder. 29. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of both parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 30. Governing Law. This Agreement and the right of the parties hereto shall be governed by and construed in accordance with the laws of the State of Washington and the parties agree that in any such action venue shall lie exclusively in Kitsap County, Washington. 31. Time of Performance. Time is specifically declared to be of the essence of this Agreement and of all acts required to be done and performed by the parties hereto. 32. Mutual Release. Except as specifically noted herein, the Buyer and the Seller do hereby forever release and discharge each other and each other's respective employees and agents from any and all claims each has against the other which (i) relate to the Property and (ii) which arise prior to the date of Closing. This release shall not extend to any claims under the terms and conditions of this Agreement. 33. Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. Neither the Seller nor the Buyer shall be liable to the other for any representations made by any person concerning the Property or regarding the terms of this Agreement except to the extent that the same are expressed in PURCHASE AND SALE AGREEMENT July 6, 2995 -15- this Agreement. This Agreement may be amended only by written instrument executed by the Seller and the Buyer subsequent to the date hereof, and approved by the City Council for the City of Bremerton. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. THIS AGREEMENT CONTAINS INDEMNIFICATION AND RELEASE PROVISONS. CITY OF BREMERTON CHEVRON U.S.A. INC. By: Title: By: Title: PURCHASE AND SALE AGREEMENT July 6, 2Q05 -16- Exhibit "A" That real property and existing improvements located on real property consisting of approximately 1.5 acres that is bordered by the Port of Washington Narrows on the east, the City of Bremerton sewage pump station property and Smith Cove on the north, Highland Avenue on the west, and residential property located to the south, and commonly known as 1310 Highland Avenue, Bremerton, Washington. PURCHASE AND SALE AGREEMENT July 6, 2005 -17- CVX File Bar Document Code Date 36751 10/19/1994 36751 6/22/1993 36751 4/26/1994 36751 6/16/1994 36751 2/8/1994 36751 3/14/1994 36751 3/9/1994 36751 8/23/1994 36751 7/19/1994 36751 7/26/1994 36751 7/25/1994 36751 8/4/1994 36751 6/3/1994 36751 6/16/1994 36751 7/25/1994 36842 12/16/1991 36842 5/1511989 36842 6/3/1992 36842 8/18/1992 36842 6/12/1990 36842 11/6/1989 20683 4/21/2003 20683 9/23/2002 PURCHASE AND SALE AGREEMENT July 6, 2(H16 EXHIBIT "B" LIST OF ENVIRONMENTAL REPORTS CVX 100-1351, Chevron Bulk Terminal 1310 Highland Avenue, Bremerton, WA November 24, 2004 Document Title Groundwater Monitoring Report, July - September 1994 Groundwater Monitoring Report, April -June 1993 Groundwater Monitoring Report, January - March 1994 Groundwater Monitoring Report, April - June 1994 Groundwater Monitoring Report, October - December 1993 4th Quarter (10/1/93 to 12131/93) Vapor Extraction System Monitoring 2nd Quarter (4/1194 to 6130/93) Vapor Extraction System Monitoring Air Sparge Test Work Plan Bremerton Sparge Proposal Scope of Work and Estimated Costs to Perform a SVEIAS Field Design Test Proposal to Provide Sparge Pilot Test 2nd Quarter (411/94 to 6130/94) Vapor Extraction System Monitoring 1st Quarter (1/1/94 to 3131/94) Vapor Extraction System Monitoring Groundwater Monitoring Report, April - June 1994 Proposal - Sparge Pilot Test Status Report Interim Remedial Action Vapor Extraction System Phase I - Remediation Services, Bremerton Bulk Plant Status Report Status Report Work Plan Additional Site Characterization Summary of Work Accomplished to Date and Pending Groundwater Monitoring and Sampling Report (3/7/03) Summary Appraisal Report Author Groundwater Technologies Groundwater Technologies Groundwater Technologies Groundwater Technologies Groundwater Technologies Emcon Northwest, Inc. Emcon Northwest, Inc. Groundwater Technologies Pacific Environmental Group Geraghty & Miller Emcon Northwest, Inc. Emcon Northwest, Inc. Emcon Northwest, Inc. Groundwater Technologies Groundwater Technologies Hart Crowser Hart Crowser Hart Crowser Hart Crowser Hart Crowser Hart Crowser Gettler-Ryan The Eastman Company -18- 20683 20683 20683 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 42197 20642 20642 20642 20643 20643 20643 20643 20643 20643 20643 20643 11/14/2002 819/2002 4/20/2000 11/15/2001 12/14/2000 111811996 10/31/1995 5/1/1995 1119/1996 8114/1996 4/24/1996 2/19/1997 6/411997 10/23/1997 5/611998 1/27/1998 7/13/1995 8/18/1998 1/13/1995 10/13/1999 4/23/1999 11/611989 217/1995 7/13/1993 9/29/1989 Jul-91 Nov-88 12/26/2001 11/611989 12/16/1991 4/1411995 5/22/1 995 PURCHASE AND SALE AGREEMENT July 6, 2005 Groundwater Monitoring and Sampling Report (9/30102) Site Reconnaissance Groundwater Monitoring and Sampling Report (3/17&18/00) Groundwater Monitoring and Sampling Report (9/27/01) Groundwater Monitoring and Sampling Report (10/6/00) Quarterly Monitoring and Sampling Activities, 1216&7/95 Quarterly Monitoring and Sampling Activities, 9111/95 Quarterly Monitoring and Sampling Activities, 3/16/95 Quarterly Monitoring and Sampling Activities, 9/4195 Quarterly Monitoring and Sampling Activities, 6/5/96 Quarterly Monitoring and Sampling Activities, 3/14/96 Quarterly Monitoring and Sampling Activities, 12/23/96 Quarterly Monitoring and Sampling Activities, 4115197 Quarterly Monitoring and Sampling Activities, 9/15/97 Quarterly Monitoring and Sampling Activities, 3/18/98 Quarterly Monitoring and Sampling Activities, 12/29/97 Site Remediation Plans Quarterly Monitoring and Sampling Activities, 6121/98 Fourth Quarter (9/22-12/19/94) Vapor Extraction System Monitoring Groundwater Monitoring and Sampling Report (8/31/99) Semi-Annual 1999 Groundwater Monitoring and Sampling Report Summary of Work Accomplished to Date and Pending Report of Air Sparge Pilot Test Further Site Assessment Memorandum Project Status Report Site Hazard Assessment Summary Report Report of Geotechnical Services Subsurface Contamination Study Discussion of Data from the Site Hazard Assessment and Summary Report Summary of Work Accomplished to Date and Pending Status Report Interim Remedial Action Vapor Extraction System Status Report Air Sparge Remediation System Work Plan and Installation Proposal -19- Gettler-Ryan Spearman Engineering PS Gettler-Ryan Gettler-Ryan Gettler-Ryan Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Pacific Environmental Group Groundwater Technologies Pacific Environmental Group Emcon Northwest, Inc. Gettler-Ryan Gettler-Ryan Hart Crowser Groundwater Technologies Hart Crowser Hart Crowser Parametrix & SAIC GeoEngineers Hart Crowser Hart Crowser Hart Crowser Hart Crowser Groundwater Technologies r\art CfoWser r\art CfoWser paci1ic ErWironO'enta\ GroUP statUS Report poase I _ RemedlalloO Sa",IceS. BremertoO Bull< Plaol Supplemeolal EovlroOmeotal S;le.M~~~~~~:o aod EOgloeerlOg oeslgo Report. />.geoOl Revl"" Dra1\. loleom ~c.\oo proposed 10r City 01 6remerton . J>.greed Order bY Slale 01 wasologlOo 10 CItY 01 BremertoO p.\\aco soil \JeoUog syslem Deslgo aod cosl proposal ~ 2.0643 ,\'\/H/'\992 2.0643 5/'\5/"i9B9 2.0643 3/'\01'\994 2.0643 NO\l~9B 2.0643 9/"\0/'\999 2.0643 7/24/'\9B9 2.0643 412.71'\992 ""'''~~--_._~~--~.~ PURC\-\A.SE A.NO SA.\..E A.GREEt.J\EN1 ~ E)C.ponent state 01 \Nasnington r\art CfoWser ~20- Chevron Property Environmental Conditions Assessment Prepared for City of Bremerton 3027 Olympus Drive Bremerton, Washington 98310 Prepared by Parametrix 5700 Kitsap Way, Suite 202 Bremerton, W A 98312-2234 360-377-0014 ~y.'K\V. pargmetri !i.com June 2005 I 255-1896-064 CITATION Parametrix. 2005. Chevron Property Environmental Conditions Assessment. Prepared by Parametrix, Bremerton, Washington. June 2005. Chevron Property Environmental Conditions Assessment City of Bremerton CERTIFICATION The technical material and data contained III this document were prepared under the supervision and direction of the undersigned. Approved by Bill Webb June 2005 1255-1896-064 Chevron Property Environmental Conditions Assessment City of Bremerton TABLE OF CONTENTS EXECUTIVE SU M MARy........... ....... ................................................................... ES-1 1. INTRODUCTION .............................................................. ................................1-1 1.1 SCOPE ....... .......... ............................. ................ .......... .......... ......... .........................1-1 1.2 OBJECTIVE ........... .... ...................... .................. ...... ......... .............. ......... ........... ...1-1 1.3 ENVIRONMENTAL LIABILITY CONSIDERATIONS .....................................1-1 1.3.1 Regulatory Framework.... ........ ....... ..... ....................... ........ ...... ............... .....1-2 1.3.2 Cleanup Criteria and Extent..........................................................................1-2 1.3.3 Stakeholder Responsibility......... .......... ....... ................................... ......... .....1- 3 1.3.4 Property Value..... ..... .................. ......... ............ ........... ........ ... ..... ..... ........ .....1-3 1.3.5 Funding Opportunities .......... ......... ............................ .......... ............ ........ .....1-3 2. BACKG ROUN D ................. .............................................. ......... ................... ....2-1 3. SITE DESCRI PTION .......... ....................... ....................... ......... .......... ........... ..3-1 4. PREVIOUS INVESTIGATIONS AND REMEDIATION ......................................4-1 5. CURRENT SITE ENVIRONMENTAL CONDITIONS ........................................5-1 5.1 SOIL .. .............. ........... ......................... ............... .................. ...... .............. ........... ...5-1 5.2 GROUNDWATER .................................................................................................5-1 5.3 SEDIMENT..... .................. ......... ..... ........ ....................................... ............... ....... ..5-1 5.4 PHASE-SEPARATED HYDROCARBONS .........................................................5-2 5.5 SUMMARY OF CURRENT CONDITIONS.........................................................5-2 6. DATA GAPS ....................................................................................................6-1 7. CONCEPTUAL REMEDIAL ACTION AL TERNATIVES...................................7-1 8. RECOMMENDATIONS.......................... .......... ........ ........ ..... ...........................8-1 8.1 CONSIDERATIONS FOR PROPERTY ACQUISITION .....................................8-1 8.1.1 Future Use of the Property............. .............. ........... .................................. ....8-1 8.1.2 Regulatory Framework and Risk Threshold .................................................8-1 8.1.3 Project Costs and Funding Opportunities .....................................................8-1 8.2 RECOMMENDED ALTERNATIVES AND FUNDING OPTIONS....................8-1 June2005 1255-]896-064 Chevron Property Environmental Conditions Assessment City of Bremerton TABLE OF CONTENTS (CONTINUED) 9. LI M IT A TIONS ............................... ......................................... ......... n........ n...... 9-1 10. REFERENCES ...............................................................................................10-1 LIST OF FIGURES 2-1 Historical Photograph of the Site During Operational Years with all Site Improvements in Place (1963 - 1988). ...................................................................2-1 3-1 Site Map. ... ....... ....................... ................... ......... ............................... ............. ........3-3 LIST OF TABLES 5-1 March 2003 Groundwater Sampling Resultsa ........................................................5-1 5-2 Phase-Separated Hydrocarbon Measurements a............ ........... ............. ..... ............5-2 8-1 Alternative Cost Scenarios... ............. ............. ........... .... .... ............. ...................... ...8-2 8-2 Funding Scenario for Independent Remedial Action..............................................8-2 APPENDICES A Contaminated Site Development Strategy Letter B Washington Department of Natural Resources Lease C List of Reviewed Documents D Remedial Alternatives Detail ii June 2005 I 255-1896-064 Chevron Property Environmental Conditions Assessment City of Bremerton ACRONYMS Agreed Order BTEX City DNR Agreed Order of Consent benzeze, toluene, ethylbenzene, and xylenes City of Bremerton Washington Department of Natural Resources Washington State Department of Ecology mean lower low water Ecology MLLW MTCA SVOC TPH VCP Model Toxics Control Act semi-volatile organic compounds total peteroleum hydrocarbons Voluntary Cleanup Program June 2005 I 255-1896-064 iii EXECUTIVE SUMMARY The City of Bremerton (City) is considering the acquisition of the former Chevron Bulk Fuel Facility located at 1310 Highland Avenue, Bremerton, Washington. This property is adjacent to Evergreen Park Phase II and is being considered for the expansion of Evergreen Park and possible integration into the Washington Avenue Sewer Replacement Project. The objective of this assessment is to assist the City in making an informed decision regarding the purchase of this property. This report summarizes findings from a historical document review, provides cost estimates for remedial alternatives, and provides recommendations for the city of Bremerton for considering the acquisition of this property. The former Chevron Bulk Fuel Facility occupies an approximately 1.5-acre site that operated as a bulk fuel terminal from approximately 1950 until it was decommissioned in 1988. Practices at the facility have resulted in contamination to soil, groundwater, and possibly sediments. Previous site remediation has removed much of the phase-separated petroleum products floating on the groundwater surface and may have reduced the mass of contaminants in soil. Gasoline, diesel, heavy oil, benzene, and lead remain in groundwater and/or soil at concentrations exceeding the Model Toxics Control Action Method A regulatory limits. Significant data gaps exist that prevent characterization of the site including a lack of recent soil and groundwater data, limited sediment data, an absence of fate and transport information or a site conceptual model, and limited monitoring points along the shoreline to evaluate contaminants the may migrate off site at the likely point of compliance. An evaluation of potential remedial alternatives was completed to assess regulatory and cost criteria for possible site cleanup. The results of this evaluation suggest that the City consider two alternatives for remediation: . Alternative 2: Point of Contact Compliant Soil Capping System with Groundwater Monitoring - The soil capping alternative provides a barrier to . receptors for the upland portion of the site. This alternative does not provide containment for groundwater contaminants to migrate off-site. Institutional controls would be required to ensure protective conditions are maintained. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. This alternative offers a lower cost with a lower level of containment than Alternative 3. Estimated Cost: $681,000. . Alternative 3: Point of Contact Compliant Soil Capping System and Cutoff Wall with Groundwater Monitoring - The cap/cover plus cutoff wall alternative provides a higher degree of containment than the cap and cover alternative as it includes additional containment of the upland material along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. This alternative offers a higher level of containment with a higher cost than Alternative 2. Estimated Cost: $1,100,000. In addition, consideration of future liability and funding considerations suggests that the City should pursue and Agreed Order of Consent with the Washington State Department of Ecology (Ecology) to implement Alternative 2. Operating under and Agreed Order with Ecology would make the City eligible for grant funding under the Brownfields program for assessment and cleanup grants with a maximum value of $550,000 and funding from Ecology for up to 50 percent of cleanup costs. Both of these alternatives assume 20 years of monitoring and no work beyond the parcel boundaries. June 2005 I 255-1896-064 ES-l Chevron Property Environmental Conditions Assessment City of Bremelton 1. INTRODUCTION The City of Bremerton (City) is considering the acquisition of the former Chevron Bulk Fuel Facility located at 1310 Highland Avenue, Bremerton, Washington. This property is adjacent to Evergreen Park Phase II and is being considered for expansion of Evergreen Park and integration into the new Bremerton Boardwalk and Washington A venue Sewer Replacement project. This report summarizes the findings of a document review performed to evaluate conditions at the Chevron Property and to provide cost estimates for possible remedial alternatives. Considerations for the City regarding acquisition of the property include future re-use of the property, potential liability, cost for acquisition and cleanup, and community value. 1.1 SCOPE As part of this task, historical documentation provided by the City of Bremerton was reviewed, cost estimates for potential cleanup scenarios were prepared and a meeting with the Washington State Department of Ecology (Ecology) was held to discuss possible technical and administrative alternatives for remediation. Other actions performed included a review of a proposed Purchase and Sale Agreement between Chevron, USA and the City of Bremerton, and sediment sampling to evaluate whether or not contamination appears in the nearshore sediments. The scope of this report does not include all criteria set for under ASTM 1527-00 or EPA AAI under 40 CFR Part 312. 1.2 OBJECTIVE The objective of this review is to assist the City in making an informed decision regarding the purchase of this property by summarizing environmental conditions at the site, evaluating possible remedial alternatives and developing recommendations regarding potential cleanup liability to the City associated with acquiring this property. 1.3 ENVIRONMENTAL LIABILITY CONSIDERATIONS Chevron has provided the City of Bremerton with a proposed purchase and sale agreement for the Chevron property. Under the current purchase and sale agreement, Chevron would transfer all future environmental1iabilities to the City of Bremerton. A detailed response to the liability considerations regarding hazardous materials is documented in a letter dated April 22, 2005 from Parametrix to the City of Bremerton. A copy of this response is included in Appendix A. In considering potential cleanup liability or actions that may be associated with the acquisition of the Chevron property, the City of Bremerton should understand the following: . Regulations that will define any future liability . Cleanup criteria and possible extent of cleanup . Responsibilities of all stakeholders . Appropriate property value · Options for funding a potential cleanup These considerations are described below. June 2005 I 255-1896-064 1-1 Chevron Property Environmental Conditions Assessment City of Bremerton 1.3.1 Regulatory Framework This law governing this site is the Model Toxics Control Act (MTCA) (Chapter 70.105D RCW). According to MTCA Regulations (Chapter 173-340 WAC), the City may perform and Independent Remedial Action, enter the Voluntary Cleanup Program (VCP), negotiate an Agreed Order of Consent (Agreed Order) or take no action which may result in a possible enforcement order, each of these is discussed below: . Independent Remedial Action: Undertaken without oversight or consent from Ecology, this approach would allow for maximum control by the City but would not necessarily resolve long-term cleanup liabilities (if Ecology is not satisfied with the cleanup or if additional contamination is identified, Ecology may require a more comprehensive cleanup) nor does it provide for the opportunity to received cleanup funding from Ecology. . Voluntary Cleanup Program: Undertaken in cooperation with Ecology, Ecology provides oversight and review of cleanup activities with the goal being issuance of a "No Further Action" determination. Up to $200,000 of eligible cleanup cost reimbursement is available through Ecology following the determination. It may be problematic for this site to receive this determination. . Agreed Order: A negotiated agreement with Ecology which defines the responsibility and extent of cleanup for a site. This approach transfers a level of control to Ecology and provides an opportunity to receive funding from Ecology at up to 50 percent of the study and remediation costs. An Agreed Order was negotiated for Evergreen Park Phase II. Ecology is currently considering whether or not that Agreed Order could be extended to this site. . No Action: The City may opt to take no action at this site. The site has been listed with Ecology. Ecology has the option to issue an enforcement order if they believe a cleanup solution cannot be achieved through negotiation or if there is an emergency. If the City takes no action and Ecology chooses to issue an enforcement order, the City has the option to perform the cleanup as directed by Ecology or take no action at which time Ecology may undertake the cleanup and recover costs from the responsible party at up to three times the actual cost of cleanup. In addition, the State Attorney General's office can fine the party in violation of an enforcement order up to $25,000 per day of violation. 1.3.2 Cleanup Criteria and Extent Any cleanup action taken at the site should be designed to limit exposure to human and sensitive environmental receptors either by physically containing the site to avoid contact or by removing sufficient contaminated material to eliminate the risk. The City has the option to negotiate both the criteria and the extent of cleanup under an Agreed Order or through the V oluntary Cleanup Program. Any Independent Remedial Action should also be based on a defensible cleanup criteria scenario. A general understanding of cleanup criteria and extent of cleanup that may be required for this site would be useful in determining which approach would best meet the needs of the City. Default cleanup criteria are available under MTCA Method A. MTCA also provides the responsible party with the option to develop risk-based criteria specific to their site. Chevron has not developed these criteria, nor is these criteria developed in this report. The default criteria are often more stringent than criteria negotiated based on site conditions or risk to human health or the environment. 1-2 June 20051 255-1896-064 Chevron Property Environmental Conditions Assessment City of Bremerton The default extent of cleanup includes all areas impacted by the release(s) and is not limited to property boundaries or shorelines. Under an Agreed Order, the extent of cleanup would be negotiated and defined. Under the VCP, it may be possible to negotiate the extent of cleanup, but the larger site definition is generally followed. 1.3.3 Stakeholder Responsibility A clear understanding of the roles and responsibilities of each stakeholder would provide the City with additional information for negotiating both the purchase and sale of the property and assistance in negotiating and funding any potential cleanup. Stakeholders include: . Chevron currently holds responsibility for all environmental impacts. · Ecology is the regulatory agency and has access to funding for public agencies. . Washington Department of Natural Resources (DNR) owns the tidelands which may be impacted by releases from the site. A tidelands lease appears to have been rescinded by DNR, citing future use of the area, disposition of existing improvements and potential for contaminated sediments. A copy of the lease information is provided in Appendix B. . The City of Bremerton is the potential purchaser and owns adjacent property that may be impacted by releases from the site. 1.3.4 Property Value The assessed value of the property for taxing purposes is approximately $200,000. The appraisal provided by Chevron values the property at $730,000. The City should consider whether or not additional evaluation of the property value is warranted. 1.3.5 Funding Opportunities Several funding sources are available, depending on the approach identified. Funding sources for this project include: . Ecology may provide Site Study and Remediation Grants if they are involved in the remediation. · EP A Brownfields offers assessment and cleanup grants and cleanup loans. · Private Investment such as service organization contributions or foundation grants for park development. · Park development grants through the Interagency Committee for Outdoor Recreation. Evaluations of these steps related to a cleanup alternative are addressed in Section 7. June 2005 I 255-1896-064 1-3 2. BACKGROUND The Chevron Site was developed in 1946 and expanded up to 1963. It operated as a bulk fuel terminal until it was decommissioned in 1988 (Ecology 1991). By 1988, all buildings and major facilities were removed with the exception of a pier, and some of the concrete slabs and asphalt paving (GeoEngineers, 1988). Previous site remediation included active product removal and installation and operation of soil vapor extraction system. These remedial activities have removed phase-separated petroleum product floating on the groundwater surface and may have reduced overall soil contamination. However, gasoline, diesel, heavy oil-range hydrocarbons, benzene and lead remain in groundwater and/or soil at concentrations exceeding MTCA Method A regulatory criteria. Figure 2-1 shows the Chevron Bulk Fuel facility during operational years. Figure 2-1 Historical Photograph of the Site During Operational Years with All Site Improvements in Place (1963 - 1988). June 2005 I 255-1896-064 2-1 3. SITE DESCRIPTION The former Chevron Bulk Fuel Facility occupies an approximately 1.5 acre site located at 1310 Highland Avenue, Bremerton, Washington. The site is bordered by Highland Avenue to the southwest, a privately-owned property to the south, and the Port Washington Narrows waterway along the eastern and northern portions of the site (Figure 3- I). The site elevation is approximately 10 to 25 feet above mean sea level. The facility is divided into the upper and lower yard by a wooden and concrete bulkhead. These structures are not visible. The Upper Yard is located on the southern half of the property; the Lower Yard is approximately 10 feet lower in elevation than the Upper Yard and is located on the northern half of the property. There are currently no above-ground structures in place on the property. There is an existing concrete pad, and evidence that a soil vapor extractions system and several monitoring wells are still in place below ground. The site is vegetated with Scotch Broom, blackberries and other light vegetation, a derelict pier is located on the western portion of the site. Soil borings indicate that subsurface soils consist of silts and silty sand on top of either Vashon Till or fill material. The area beneath the Upper Yard consists of Vashon till, dense, low-permeability glacial flour. The area beneath the Lower Yard consists primarily of imported fill material. The fill is approximately 18-feet thick (Pacific Environmental Group, 1994). Some large concrete pieces (rip rap) were encountered during soil boring advancement near the shoreline in the Lower Yard (GeoEngineers, 1988). June 2005 I 255-1896-064 3-1 June 2005 I 255-1896-064 Figure 3-1. Site Map 3-3 4. PREVIOUS INVESTIGATIONS AND REMEDIATION A review of existing documentation related to environmental conditions and cleanup actions was provided by the City of Bremerton. This documentation was reviewed to compile the summary presented in this section. A list of all documents reviewed for this report is provided in Appendix C. Active environmental investigations began on the site in 1988. Chevron advanced 12 soil borings and installed monitoring wells in nine of these borings. Soil and groundwater samples were collected and analyzed for gasoline, diesel #1, diesel #2, and benzeze, toluene, ethylbenzene, and xylenes (BTEX). Sample analyses showed all areas of the site contained petroleum hydrocarbon concentrations in excess of MTCA Method A regulatory standards, with the highest concentrations found in areas where above ground storage tanks were historically located. Groundwater was noted to flow to the north. (Geo-Engineers, 1988). In June 1989 Chevron installed a product recovery pump to remove phase-separated hydrocarbons. This pump operated in MW-4 and MW-6 and removed approximately 25 gallons of petroleum product over a one-year period. In addition, field technicians removed approximatel y 22 gallons of product from wells MW -9, MW -13, MW -14 and MW -15 over a 7-month period in 1990 (Hart Crowser, 1991). Additional investigations continued until 1991, some of the initial wells were lost or destroyed and additional wells were installed. In 1991, the Department of Ecology performed a Site Hazard Assessment for the property. Chevron representation was present during the sampling phase of this assessment to collect split samples for independent analysis. Groundwater and sediment samples collected were analyzed for semi-volatile organic compounds (SVOC), total peteroleum hydrocarbons (TPH), total lead, and benzeze, toluene, ethylbenzene, and xylenes BTEX. Because of surrogate and spike recovery issues at the laboratory and low relative percent difference between the split samples, this data is unreliable. Results of petroleum hydrocarbon levels generally suggest contamination in the range of 50 to 400 mg/kg and lead analyses showed lead levels ranging between 10 and 100 mg/kg (Ecology, 1991, Hart Crowser, 1991 b). As part of the Site Hazard Assessment, Ecology estimated quantities of liquid hydrocarbons at the site to be approximately 135,000 gallons; Chevron estimated quantities of liquid hydrocarbons at the site to be approximately 8,450 to 13,550 gallons. In November 1990, Chevron installed a soil vapor extraction system (Hart Crowser, 1991c). This system ran until 1994 at which time the recovery rates leveled off and were too low to justify the cost of continued operation. It is estimated that approximately 195,000 pounds of hydrocarbons were removed using this technology (Emcon, 1998). In 1994, Chevron performed an air sparging pilot test at the site which indicated that air sparging technology would work at the site. No actions were taken as a result of this test. Quarterly monitoring of groundwater at selected wells continued through 1997 and semi- annual monitoring continued until March 2003. Following cessation of the soil vapor extraction system operations in 1994, no trend showing a reduction in concentrations of gasoline, diesel or BTEX has been observed. During initial site investigations (1988-1990), phase-separated hydrocarbons were measured in a number of monitoring wells with thicknesses up to 4 feet. Since cessation of product recovery, the presence of phase-separated hydrocarbons is reported to be intermittent, with measured thicknesses of less than 3/4 inch. June 2005 I 255-1896-064 4-1 Two water-bearing units are reported to be present on the site; however, they do not appear to be distinct. (PEG, 1994). Groundwater very near the Port Washington Narrows may be tidally influenced (GeoEngineers, 1988); however, wells further inland do not appear to show tidal fluctuation (Ecology, 1991). No studies of tidal influences on groundwater, beyond an incidental observation, were found in the data. 4-2 June 20051 255-1896-064 5. CURRENT SITE ENVIRONMENTAL CONDITIONS This section presents a summary of current site environmental conditions based on a review of documentation provided by the City. With the exception of three sediment samples collected, no investigations were performed in support of this report. The information related to soil, groundwater, sediment and phase-separated hydrocarbons presented below is collected from previous investigations. The most recent data reported was collected in 2003 and would not meet the standard for ASTM-1527 or prospective purchaser under EPA 40CFR Part 312. 5.1 SOIL Very little is known about current soil conditions at the site. No soil investigations were performed following the remediation actions taken in the early nineties. Prior to remediation activities, gasoline and diesel were detected in the soil at 100-200 times MTCA Method A regulations and BTEX concentrations were detected in the soil at up to 40 times MTCA Method A regulations (Ecology 1991). The vapor extraction system installed in 1991 and operated until 1994 is reported to have removed 195,000 pounds of hydrocarbons from the site. It is anticipated that concentrations in the soil today would be reduced in comparison to the results of initial sampling. 5.2 GROUNDWATER The most recent groundwater data was collected by Chevron in March 2003. Groundwater samples were collected from six wells, the results of these analyses are presented in Table 5-1. Contaminant Table 5-1. March 2003 Groundwater Sampling Resultsa MTCA Method A: MW-6 MW-9 MW-18 MW-21 MW-22 MW-23 Diesel (ug/L) 500 4,400 6,300 80,000 970 1,500 270 Oil (ug/L) 500 4,100 2,400 <10,000 NO 500 ND Gasoline (ug/L) 800 1,200 8,200 810 6,500 100 ND Benzene (ug/L) 5 39 550 ND NO 0.89 ND (Gettler-Ryan, 2003) 5.3 SEDIMENT Ecology and Chevron collected sediment samples in 1991; however, the results were rejected due to data quality issues. No other sediment evaluations were identified in any of the documentation reviewed. Three composite sediment samples were collected as part of this assessment on April 26, 2005. The samples were analyzed for gasoline, diesel and heavy oil. No contaminants were detected in any of the samples. The samples were collected from an area west of the existing pier where staining was noted in 1991, at a location approximately ten feet east of the end of the shoreward portion of the derelict pier and at the southern boundary of the property line 72 feet from the bulkhead. During the sampling effort no June 2005 I 255-1896-064 5-1 discharges onto the beach were observed and no sheen, odor or obvious staining was noted (Parametrix,2005). 5.4 PHASE-SEPARATED HYDROCARBONS Phase-separated hydrocarbons were observed in some wells during the 2003 groundwater sampling event. Table 5-2provides a summary of free product observations. Table 5-2. Phase-Separated Hydrocarbon Measurementsa Sheen or measurable product during at least one observation Maximum Product Thickness Recovery Activities Historic (1988-2002) 11 of 17 wells Current (2003) 3 of 17 wells 4 feet Active pump system installed, bailers used during sampling events. Less than % inch. Recovery not practical. "Gettler-Ryan, 2003 5.5 SUMMARY OF CURRENT CONDITIONS Groundwater currently exceeds MTCA Method A regulatory criteria. Soil conditions are not known but historically have exceeded MTCA Method A regulatory criteria. Historical sediment data shows contamination, but recent sampling did not show contamination. All of the data presented in this section is limited by the data gaps discussed in Section 6. Additional characterization may be required depending on the selected approach. 5-2 June 20051 255-1896-064 6. DATA GAPS Based on information reviewed, several data gaps were identified that may affect a prospective purchasers future cleanup liability. This means that Ecology could require additional sampling prior to negotiating cleanup criteria and extent or the City may elect to perform some additional sampling to better understand conditions prior to deciding on a regulatory approach. While we believe that sufficient data exists to prepare cost estimates of potential property liability, these factors do create some level of uncertainty. Data gaps include: . No data since 2003: Two year old data does not meet the standard for AAI under 40 CFR, Part 312 or the guidelines set forth under ASTM 1527-00 that may affect a prospective purchaser's future cleanup liability. It is not known if site conditions have changed since 2003. . Absence of fate and transport information: No data exists to establish trends in natural attenuation processes. While considerable chemical data is present, no determination of natural degradation processes (methagenesis, sulfate/iron reduction, etc.) and no mobility modeling has been performed. . No Site Conceptual Model Exists: No site conceptual model has been developed for this site. A site conceptual model may be recommended or required to develop risk-based cleanup criteria . Limited coverage for monitoring points: Several of the wells located along the edge of the property have been damaged or lost and no data is available for these locations. Without adequate coverage for sentinel wells, the levels of contaminants that may be migrating off the property is not known. . Unknown soil conditions: Site soil data were collected prior to the implementation of any remedial actions. Current soil conditions are not known and the volume of continuing source material that may remain at levels exceeding MTCA regulations cannot be evaluated. . Sediment data is indicative rather than definitive: Sediment data is sparse, limited in quantity with no off-shore data collected. Three samples were collected as part of this assessment and indicated that no hydrocarbon contamination was present. Ecology of the Washington Department of Natural Resources may require additional characterization to demonstrate that impacts are not present in the off-shore environment. · Impacts to adjacent properties are unknown: Contaminants from this site may have migrated off-site to an adjacent property. Potentially-impacted properties are owned by the City of Bremerton, Washington Department of Natural Resources and privately-owned parcels to the north. Consideration of the terms of the purchase and sale agreement should include a discussion of the potential liability from these adjacent properties. The lack of information regarding current soil conditions, sediment conditions, and lack of recent groundwater data or adequate coverage for monitoring wells present the most significant unknowns for this site. Additionally, the lack of a site conceptual model may make it difficult for the City to negotiate less restrictive cleanup criteria. Future actions to address these unknowns are impacted by the stakeholder responsibilities and regulatory scenario selected for this property as discussed below: June 2005 I 255-1896-064 6-1 · Under any scenario Ecology may mandate or the City may elect to install additional monitoring wells to evaluate groundwater conditions at the property and to collect a baseline set of groundwater data from selected wells. This would mitigate the data gaps related to a lack of recent data and limited coverage for monitoring points. · Under an Agreed Order, the level and extent of any cleanup would be negotiated and defined and Ecology would identify any additional investigation requirements. This would help to mitigate the liability associated with impacts to DNR properties and the possibility of a future enforcement order from Ecology. In addition, collection of fate and transport information or the development of site conceptual model would likely not be required. This may also eliminate the need to collect additional soil or sediment data. · Through the VCP the City would likely be required to collect additional soil, and sediment data to develop a cleanup action plan. This would resolve the data gaps related to unknown soil and sediment conditions. · Under a "no action" or Independent Cleanup scenario the City may additionally elect to install borings to evaluate current site soil conditions and to consider future liability as unidentified source areas may exist. This would resolve the data gap related to unknown soil conditions. · Under an Agreed Order or the VCP, additional sampling of soil, groundwater and sediment data would provide a basis for the City to negotiate risk-based cleanup criteria which may be less restrictive. This would resolve the data gaps related to unknown soil and sediment conditions. 6-2 June 2005 I 255-1896-064 7. CONCEPTUAL REMEDIAL ACTION ALTERNATIVES Several remedial alternatives were developed to assess potential cleanup costs for the site. The remedial alternatives evaluated range from no action with monitoring (low cost, low effectiveness) to significant excavation (high cost, high effectiveness). A list of remediation options was considered in developing the remedial alternatives. These options are listed below. Groundwater The following remedial options were used 111 developing alternatives for groundwater remediation: . Monitoring/Natural Attenuation (20 year duration) - Monitor six wells semi-annually for 10 years, annually for 10 additional years. . Dewatering - Maintain groundwater levees below the existing hydrocarbon "smear" zone to aid removal of residual free product, reduce potential for migration of contaminants in soil, and possibly enhance natural attenuation processes. Soil The following remedial options were used in developing alternatives for soil remediation: . Cap and Cover - Install cap consisting of a geocomposite clay liner and clean soil cover layer. · Cutoff Wall - Contain site groundwater with an oil-resistant geomembrane or sheet pile wall. · Soil Excavation - Excavation and offsite disposal of contaminated soil. This option is included for completeness to provide an upper bound remediation cost. An in-situ remedial alternative, Oxygen Releasing Compound, was considered but it was determined that this site is not a good candidate for this type of remediation due to the presence of free product in some wells and soil conditions. Sediment The following remedial options were used in developing alternatives for sediment remediation: · Sediment Removal - Excavation of a 3-foot layer of sediment located between the toe of the shoreline bank and the mean lower low water (MLL W) line. Sediment would be excavated in the dry during low tides and disposed of off-site in a Subtitle D landfill. This estimate is based on an assumed volume of 3,000 cubic yards. · Sediment Capping - Placement of an oil-resistant geomembrane and 3 feet of cobbly pit run fill over sediment located between the toe of the shoreline bank and the extreme low water line. Exact dimensions are unknown, and a SOx 100 foot impacted area was estimated for purposes of estimated costs. The remedial alternatives presented below were developed from these options. Details and estimated line item costs associated with these alternatives are provided in Appendix D. (1) Monitoring with no active remediation or institutional controls such as deed restrictions. June 2005 I 255-1896-064 7-1 (2) Point of contact compliant soil capping system with monitoring and institutional controls such as deed restrictions. (3) Point of contact compliant soil capping system and cutoff wall with monitoring and institutional controls such as deed restrictions. (4) Cutoff wall and dewatering with monitoring and institutional controls such as deed restrictions. (5) Point of contact compliant soil capping system, cutoff wall and dewatering with monitoring and institutional controls such as deed restrictions. (6) Cutoff wall and soil excavation with limited monitoring. Each of the upland alternatives were evaluated for effectiveness/risk reduction, implementability, and cost. The scoring analysis used to evaluate the alternatives is presented in Table 8-1. The alternatives which presented the highest value based on these evaluation criteria are summarized below. · Alternative 2: Cap and Cover with Monitoring - The cap and cover alternative provides a barrier to receptors for the upland portion of the site but does not provide containment for groundwater or soil contaminants to migrate off-site along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. The preliminary estimate for implementing the cap and cover alternative is $680,000 which includes 20 years of groundwater monitoring. This alternative offers a lower cost with a lower level of containment than Alternative 3. · Alternative 3: Cap, Cover and Cutoff Wall with Monitoring - The cap/cover plus cutoff wall alternative would provide a higher degree of containment than the cap and cover alternative as it includes additional containment of the upland material along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. The preliminary estimate for implementing the cap/cover plus cutoff wall alternative is $1,100,000, which includes 20 years of groundwater monitoring. This alternative offers a higher level of containment with a higher cost than Alternative 2. Sediment remediation, if required, is estimated to cost an additional $300,000. Please note these cost estimates are based on the limited site data currently available. Actual remedial action construction costs can be anticipated to be within -30 percent to +50 percent of the costs indicated in Appendix D. 7-2 June 20051 255-1896-064 8. RECOMMENDATIONS 8.1 CONSIDERATIONS FOR PROPERTY ACQUISITION Prior to acquiring the Chevron property, the City of Bremerton should consider several factors that may impact the decision whether or not to purchase the property and the terms of a purchase and sale agreement. 8.1.1 Future Use of the Property This property is an excellent candidate for future development as a park. If a capping alternative is selected, the cap could consist of soil and grass, or other appropriate vegetation and would be eligible for cleanup grant funding. Future property re-use that would potentially require disturbance of contaminated soils may be problematic unless a soil excavation alternative is selected due to institutional controls placed at the site under any other alternative. 8.1.2 Regulatory Framework and Risk Threshold Any regulatory approach which involves the Department of Ecology has implications both in regards to liability, and funding. The City should consider the level of risk, benefits to the environment and community, and funding strategy as some approaches provide an opportunity for liability reduction, lowered risk to human health and the environment and an opportunity to pursue State or Federal funding and others do not. 8.1.3 Project Costs and Funding Opportunities The overall costs to the City for the project should be considered. These would include the sale price of the property, the cost for cleanup or potential costs for no action, the costs for construction if the property will be re-used, the parameters surrounding funding opportunities and the overall value to the City. 8.2 RECOMMENDED ALTERNATIVES AND FUNDING OPTIONS Based on the cleanup cost estimates presented in Section 7 and the considerations identified in Sections 1.3 and 8.1, different programs should be considered during the redevelopment of this property. While no guarantee exists regarding either Ecology requirements for remedial action or grant receipt, a reasonable scenario would assume the selection of either Alternative 2 or 3 and a high probability of both Ecology cost match and Brownfields Grant funding. Sediment issues appear to be negligible however, sediment data is very limited and additional characterization and/or remediation of sediments is possible. For purposes of this report, it is assumed that Alternatives 2 or 3 would be selected and that no sediment cleanup would be required. Options for selecting a cleanup program based on this would include: · Agreed Order: Under this scenario the City could recover up to 50 percent of cleanup costs from Ecology. In addition, Brownfields Grants could be used to defray City expenses. Benefits of this approach include greater access to funding sources as well as lower long term liability to the City. Risks associated with this alternative include no guarantee of funding, higher project costs, and the probability that a more rigorous cleanup alternative (Alternative 3) would be required. Two cost scenarios were evaluated. They are presented in Table 8-1 June 2005 I 255-1896-064 8-1 Table 8-1. Alternative Cost Scenarios Total Cost Ecology Share (50% match, up to) Brownfields Assessment Grant (no match, up to) Brownfields Cleanup Grant (20% match, up to) City Match or Cleanup Grant (maximum) Alternative 2 $681,000 $340,000 $200,000 $350,000 $70,000 Alternative 3 $1,094,000 $547,000 $200,000 $350,000 $70,000 . Independent Remedial Action: This approach is regulated by WAC 173-340-151. Under this scenario the City would act independently of Ecology, conduct remedial action, submit a report to Ecology, and await response. Benefits of this approach include City control over selection of an alternative and lower overall project costs. This would create less financial risk to the City if no cost recovery occurred. The limitations of this approach include no possibility of obtaining funding from Ecology, a lower probability of obtaining Brownfields Grants and increased long term liability to the City. It should be noted that (based on over 15 years of inaction) enforcement action at this site is highly unlikely as long as the City makes a good faith effort to improve current conditions. This does not prevent future enforcement action however. Should the independent cleanup action be selected, a cost scenario for Alternative 2 is shown in Table 8-2 (cap and cover would be selected by the City based on cost). Table 8-2. Funding Scenario for Independent Remedial Action Total Dollars Total Cost Brownfields Cleanup (20% match, up to) City Match $681,000 $350,000 $70,000 Based on this analysis and assuming that sediments are not an issue, we recommend that the City proceed with an Agreed Order strategy. Negotiation of the Agreed Order would likely involve the implementation of a remediation approach similar to Alternatives 2 or 3. Additional sediment characterization may be required as part of this Agreed Order. However, this approach is still the best value to the City based on two factors: . Probability of grant funding for cost recovery. . Reduction of long-term liability. 8-2 June 20051 255-1896-064 9. LIMITATIONS The potential for environmental liability associated with the release or threatened release of hazardous substances, and compliance with federal and state environmental laws, has become a major concern with many public agencies and private companies considering property transaction. Federal and state regulations do not specify the amount of effort necessary to determine environmental status of real property. However, if brought to litigation, the court will consider specialized knowledge or experience of the defendant, the relationship of the purchase price to the value of the property, and the ability to detect such contamination by appropriate inspection. Parametrix performed this assessment with a limited amount of historical data. Judgments leading to conclusions and recommendations are made generally, with an incomplete knowledge of the subsurface and former conditions applicable to the site and adjacent properties. The assessment contained in this report is subjective, qualitative and based mainly on the professional judgment of the Parametrix staff after review and consideration of available information. Because site activities and regulations beyond our control could change at any time after the completion of our observations, findings, and opinions can be considered valid only as of the date of this report. June 2005 I 255-1896-064 9-1 10. REFERENCES Ecology, 1991: Site Hazard Assessment Summary Report for Chevron Tank Farm, Bremerton, Washington, July 1991, Washington Department of Ecology (49) Hart Crowser, 1989: Letter Summarizing Work Accomplished GTI, 1995: Letter to Rene White RE: Former Chevron Bulk Terminal - Bremerton, Washington Site Remediation Plans, Groundwater Technology, July 13, 1995 Gettler-Ryan, 2003: Groundwater Monitoring and Sampling Report, Event of March 7, 2003, Gettler-Ryan, Inc., April 16, 2003 (22) Pacific Environmental Group, 1994: Supplemental Environmental Site Assessment Decommissioned Chevron Bulk Terminal No. 61001351, 1310 Highland Avenue, Bremerton, Washington, Pacific Environmental Group, Inc., March 10, 1994. Hart Crowser, 1991: Status Report Interim Remedial Action Vapor Extraction System Chevron Former Bulk Terminal, Bremerton, Washington, Hart Crowser, December 16, 1991. Emcon, 1995: Letter Report, Fourth Quarter (September 22 to December 19, 1994) Vapor Extraction System Monitoring, Former Chevron Bulk Fuel Facility 61001351, 1310 Highland Avenue, Bremerton, Washington, Emcon Northwest, Inc. January 13, 1995. Parametrix,2005: Technical Memorandum: Sediment Sampling Results, Former Chevron Property, 1310 Highland Avenue, Bremerton, Washington, Parametrix, May 10,2005. June 2005 I 255-1896-064 10-1 APPENDIX A Contaminated Site Development Strategy Letter 1__. ') ENGINEERING. PLANNING. IINVIRONMENTAL SCIENCES 5700 KlTSAPWAY, SUlTEi02 BREMERTON. WASHINGTON 98312-2234 T.360.377.00l4 F.360.479.5961 www.parametrix.com April 22, 2005 PMX No. 255-1896-064 (01/01) Phil Williams, Director of Public Works City ofBremerton 3027 Olympus Drive Bremerton, Washington 98310 Re:. Contaminated Site Development Strategy, Former Chevron Site Dear Phil: I understand the City of Bremerton is considering the acquisition of the former Chevron Property located on Highland Boulevard inunediately to the east of Evergreen Park Phase n. This property is integral to the development of the new Bremerton Boardwalk and Washington Avenue sewer improvements. It also represents one of the last developable waterfront properties in the Bremerton downtown core: The City is well suited to acquire this property and integrate its redevelopment into the boardwalk and recently completed Evergreen Park Phase IT development. ~. ) The City has much to consider as they pursue the acquisition and substantial redevelopment of the property. Principal to their consideration is the confirmed presence of soil and groundwater contamination that is a result of former land practices. The presence of contamination complicates the property transaction process and places responsibility on the City to determine their obligation for shared or exclusive liability of cleanup actions. I reviewed a letter from Michael Gillett to Roger Lubovich that discusses the environmental responsibilities under a proposed purchase and sale agreement. The letter presents concerns regarding the acquisition terms and recommends a buyer due diligence assessment to quantify the City's potential financial and regulatory risks in purchasing the property. Parametrix is cunently performing the environmental portion of the assessment. I have provided several conunents regarding the letter and have attached them for the City's consideration. As the City moves forward with this project, I can provide the following reconunendations for action relative to site cleanup and redevelopment: · Extend discussions with Chevron. The City should continue discussions with Chevron until such time that cleanup liability issues are resolved or the City can make an informed decision on their future obligations for financial conunitment to cleanup. At this time, there is not sufficient information to clearly establish an expectation for cleanup limits or costs. This information is needed to substantiate the terms of the purchase and sale agreements and the responsibility for future cleanup obligations. t.........-.-' Phil Williams, Director of Public Works April 22, 2005 Page 2 ') . Define the regulatory framework. There are several options on the regulatory approaches to the cleanup and redevelopment of the target property. Under the Model Taxies Control Act (MTCA), the regulatory framework governing contaminated site cleanup, the City may perform: )> Independent remedial action; this is an owner initiated action that is undertaken without Ecology oversight or approval. This is the approach used by the City for many of the contaminated properties on the gateway phase of the SR304 Transportation Improvement Project. This approach provides maximum schedule control for the City, but does not resolve long-term cleanup liabilities should Ecology more aggressively pursue cleanup enforcement at some time in the future. )> Voluntary Cleanup Program; under the voluntary cleanup program the City retains Ecology staff for oversight and review of cleanup activities. The goal of this program is for Ecology to issue a 'No Further Action' determination. Under thi~ program the City could receive up to a $100,000 reimbursement for eligible cleanup costs. This approach is being used on several properties on the Charleston Beach segment of the SR304 project. It may, however, prove to be problematic at the Chevron site as cleanup costs and environmental impacts may preclude a no further action determination within the City's budget and time frame. ' '~..) )> Agreed Order of Consent; this is a negotiated agreement between the property owner and Ecology that defines the responsibility and extent of cleanup for a site. Under an agreed order, the City could be eligible for a Site Study and Remediation Grants from Ecology that could pay up to 50% of study and remediation efforts. This is the approach the City used for the Evergreen Park Phase IT expansion project, which involved a cap and cover system and deed restrictions as the cleanup mechani~m specified in the Agreed Order. While this regulatory vehicle provides funding opportunities it will require much more time to execute. It also formalizes the City's partnership with, and transfers a level of control to Ecology. The key criteria in selecting a regulatory framework are to understand the City's risk threshold and the availability of funding support from Ecology. The more involvement by Ecology, the better control the City has on long-term risk management. However, the more involvement by Ecology also means likely increased cost and less control of the City's schedule and cost. For this project, I recommend the City begin by assessing the possibility of an Agreed Order with Ecology. Either a new order or amending the order used to construct the Evergreen Park Phase IT. As part of your assessment, the City should identify the likelihood of receiving Ecology grant funding and determine schedule and potential cost impacts to the redevelopment of the target property. . Identify the cleanup criteria. The City should clearly understand the cleanup criteria that would be employed at the property. Obviously, the regulatory framework discussed above could have an impact on the extent and magnitude of active cleanup. Assuming the City would negotiate an agreed order with Ecology, it would be important to understand whether surface or groundwater cleanup levels would be used, whether site specific cleanup levels would be established based on future land use scenarios, and at what physical point at the site would compliance be monitored. Once these considerations are made, the City would likely be able to develop realistic cleanup costs and the required contributions from project stakeholders. 4-,~""" Phil Williams, Director of Public Works April 22, 2005 Page 3 ") . Define the extent a/the cleanup. It will be important that the City clearly understand the limits and extent of any cleanup they commit to. As with Evergreen Park, I recommend the City stand firm that their cleanup obligation be limited solely to the within the parcel boundary of the site. Adjacent properties, particularly those owned by the State, should not be included. The City should also stand firm that cleanup be limited solely to those areas that have a demonstrated adverse risk to human or ecological receptors as defined through a risk characterization of the site. The City was successful at Evergreen Park in negotiating a point of contact compliance standard. Once there was no longer a potential for receptors to come into contact with the contamination, there was no longer any risk. Other factors to consider in assessing cleanup are the impacts to adjacent properties, including City owned property. As the City proceeds with evaluating the property, I recommend that you consider the following actions: 1. Identify the potential for funding from Ecology and determine biennial budget requirements and availability of site study and remediation grant monies. We discussed this action with 1im Pendowski and Steve Alexander of Ecology during our meeting of April 12. Jim stated that somewhere between $45 and $55 million in state money is targeted for the Remedial Action Grant program. Jim encouraged that the City define the project and its anticipated development schedule, then submit a request to Steve Alexander to develop an agreed order to facilitate cleanup and redevelopment. Once the agreed order is in place, Ecology could match up to 50% of eligible cleanup costs. 2. Request amending the Evergreen Park Agreed Order to encompass the target property. /) / During our April 12 meeting, Jim and Steve stated that they would inquire with their attorneys general office and determine the appropriateness of using the Evergreen Park Agreed Order. It is our action to follow up with Jim and Steve during the first week in May. 3. Develop regulatory and technical strategies for site cleanup. Several options are available for developing cleanup plans for the site. Each has a wide range of cost and level of risk. The primary action is to clearly establish the limits of cleanup actions that will be undertaken by the City. This should involve mapping the boundary of the property and comparing the boundary to extent of known contamination. Also the City should define the limits of future development for the site and review permit conditions that may limit future land use scenarios. The extent of cleanup, potential future land use conditions, and the availability of funding will influence the regulatory approach and technical strategies selected for cleanup. Parametrix is currently coordinating field sampling for a cursory look at sediment conditions in the Port Washington Narrows tidelands adjacent to the Site. The sediment information will help to identify potential impacts on the marine environment. This information should be incorporated with soil and groundwater conditions to prepare preliminary cleanup cost estimates for site. Parametrix is currently working on cost estimates and is scheduled to deliver them to you by the end of the month. At this time, there are no scheduled plans for boundary surveys. 4. Develop a stakeholder responsibility matrix. The City is best suited to be the lead agency for this project. The City, however, should not 'go it alone' on the cleanup and redevelopment of the target property. Several other entities are responsible for seeing the property ) /) ! .. Phil Williams, Director of Public Works April 22, 2005 Page 4 cleaned and redeveloped. Using the preliminary cleanup cost estimates, the City should take action to assess how the current conditions affect property transactions and financial responsibilities for cleanup actions. Key conditions to consider for each primary stakeholder include: . Chevron - Currently responsible for all environmental impacts. . Ecology - Funding source and regulatory agency for cleanup. . DNR - DNR-owned tidelands may be impacted by releases from the site. . City of Bremerton - Prospective purchaser and owner of adjacent property that may be impacted by releases from the site. 5. Establish an equitable property value The current appraisal for the property, as provided by Chevron is $730,000. The assessed value of the property for taxing purposes is roughly $200,000. Typically, assessed values across Kitsap County range from 80% to 90% of market value. This suggests that the value of the property presented by Chevron may not be representative of an equitable value for the City. Further evaluation of the property should be considered, including whether the City should conduct an independent appraisal. 6. Develop funding strategies As the project moves forward it will be important to identify potential fimding that can reduce the City's financial liability for cleanup and redevelopment. Some specific funding opportunities that may be available to support cleanup actions are: . Ecology )> Site Study and Remediation Grant - 50% match to cleanup. )> VCP Grant - Up to $100,000 for cleanup. )> RCLF - Brownfields low interest loan for cleanup. . EP A Brownfields Grants )- Assessment - Up to $350,000 (no match) for developing cleanup plans )> Cleanup - Up to $350,000 (20% match) for cleanup. . Private Investment )> Rotary contribution )> Public sponsorship --_/ '"") . Phil Williams, Director of Public Works April 22, 2005 Page 5 ). Foundation Grants · Other Agency Grants ). Interagency Committee for Outdoor Recreation I would be excited to further discuss the target site with you and your staff. Please contact me with questions or comments. Sincerely, PARAMETRIX, INC. ~ ~~_0:/ Sr. HYdrOlo:~:~' ) j APPEN DIX B Washington Department of Natural Resources Lease APPENDIX C List of Reviewed Documents APPENDIX D Remedial Alternatives Detail DATE SUBMITTED: 8-24-05 BILL # 05-~g AGENDA BILL CITY OF BREMERTON CITY COUNCIL 1<:., .....................................................................................'... Ov-~ce. NO, 41+7 SUBJECT: Amendments to Ordinance No. 4921 relating to the City of Bremerton's 2005 Annual Budget Committee Meeting Date: 8-31-05 COUNCIL MEETING Date: 9-07-05 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The Bremerton City Council adopted the 2005 annual City budget by Ordinance No. 4921 on December 8,2004. Certain programs have been implemented and actions taken during the year which have an impact on the City's 2005 budget resulting in the need to amend the 2005 budget document. ATTACHMENTS: Ordinance and Discussion Memo with attached fund recaps. FISCAL IMPACTS (Include Budgeted Amount): Most funds ofthe City are updated by this ordinance at a minimum to reflect the actual beginning fund balances. The attached discussion memo and supporting schedules provide the net fiscal impact to each fund for the proposed changes. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA 0 RECOMMENDED MOTION: Move to approve Ordinance No. qql.{f amending Ordinance No. 4921 relating to the City of Bremerton's 2005 Annual Budget. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. Lf1'-1f AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 4921 relating to the City of Bremerton Fiscal Year 2005 Budget. WHEREAS, the City Council passed the Fiscal Year 2005 City Budget Ordinance (Ordinance No. 4921) on December 8, 2004; WHEREAS, all of the funds of the City of Bremerton (except for the Utility Debt Reserve Fund - Fund 499) require amendment to adjust beginning fund balances to actuals per the 2004 end-of-year financial reports; WHEREAS, the General Fund (Fund 001) budget requires amendment to reflect the following: . revised revenue expectations from sales tax and charges for services related to ALS transport, plan checking, and passports; . the non-departmental budget to fund environmental review and analysis on the Chevron property, reduction of salary/wages set aside for retirees and labor contract settlements for the BPOG and BPMA labor contract settlements, transfer funds to the Abatement Revolving Fund (Fund 108) for debt reduction, transfer funds to the Civic Improvement Fund (Fund 104) necessary to address the financial impact of a lower beginning fund balance than was planned for, transfer funds to the Street Fund (Fund 102) necessary to address the financial impact of a lower beginning fund balance than was planned for and the addition of revised Equipment Rental Reserve (ERR) Fund cost allocations, and the transfer of funds to the Police & Fire Pension Fund (Fund 601) required to cover long term care cost increases; . the community development, police department, fire department, general facilities, parks & recreation, and engineering department each require a budget adjustment for revised ERR Fund (Fund 510) cost allocations for service and maintenance expenses; . the police department personnel budget requires adjustment for the BPOG and BPMA labor contract settlements; and WHEREAS, the Arterial Street Fund (Fund 101), Community Development Block Grant (CDBG) (Fund 106), LID Guaranty Fund (Fund 202), and PedestrianIBTC Access Fund (Fund 309) each require adjustments to reflect revised revenue expectations from interest earnings; and WHEREAS, the Street Fund (Fund 102) transfers in requires adjustment to increase funds from the General Government Capital Improvement Fund (Fund 308) for street maintenance expenditures (to the full extent described in the 2005 Capital Improvement Plan), reduce the expected transfers in from the CDBG Fund, and provide additional funds from the General Fund (Fund 001) necessary to address the financial impact of a lower beginning fund 1 2005 Budget Amendment balance than was planned for and the addition of revised Equipment Rental Reserve (ERR) Fund cost allocations; an adjustment is required to reflect revised revenue expectations from parking taxes, and the budget requires amendment to fund revised Equipment Rental Reserve (ERR) Fund cost allocations; and WHEREAS, the Contingency Reserve Fund (Fund 103) needs to be amended to revise revenues from property sales proceeds; and WHEREAS, the Civic Improvement Fund (Fund 104) budget requires adjustment to reclassify appropriations between expenditure categories for the interfund loan repayment, reflect revised revenue expectations from interest earnings, and provide a transfer in from the General Fund (Fund 001) which is necessary to address the financial impact of a lower beginning fund balance than was planned for; and WHEREAS, the Parking System Fund (Fund 105) transfers in and transfers out require adjustment to correct and complete the flow of funds from the General Government Capital Improvement Fund (Fund 308) and in turn then transfer to the Bond Fund (Fund 201) for additional principal repayment on the parking garage debt obligations, an adjustment reflecting revised revenue expectations from parking facility receipts and charges for services, provide funding for cost of installing an access door to the 4th Street garage, provide for conference center parking security services, and funding for Municipal Court parking ticket software, in addition, an adjustment is required to reclassify appropriations between expenditure categories for the labor costs associated with the 4th Street garage door installation; and WHEREAS, the Abatement Revolving Fund (Fund 108) requires amendment for the transfer in of funds from the General Fund (Fund 001) for the purpose of retiring outstanding debt obligations - negating the need for issuance of new debt to refinance the obligation at it's maturity. The receipt of debt proceeds should therefore be removed from the budget expectations; and WHEREAS, the Police Special Projects Fund (Fund 110) needs to be amended to reflect increased receipts from confiscations, and to provide funds for revised ERR Fund (Fund 510) cost allocations for service and maintenance expenses; and WHEREAS, the Public Access Television Access Fund (Fund 113) requires amendment for revised revenue expectations from interest earnings and charges for services, and to provide funds for revised ERR Fund (Fund 510) cost allocations for service and maintenance expenses; and WHEREAS, the Conference Center Operations Fund (Fund 120) needs to be amended for revised revenue expectations and to fund debt service on the line of credit obtained at the end of 2004 for pre-opening operating and capital expenses; and WHEREAS, the Bond Fund (Fund 201) ) transfers in and debt service expenditures require adjustment to correct and complete the flow of funds from the Parking System Fund (Fund 105) for additional principal repayment on the parking garage debt 2 2005 Budget Amendment obligations, and the receipts from financing sources and debt service expenditures also require adjustment to incorporate the receipt of bond funds from the issuance of the 2005 LTGO Refunding Bond and the disbursements of those proceeds to defease a portion of the outstanding 1993 L TGO bonds and pay issuance costs; and WHEREAS, the Conference Center Capital Project Fund (Fund 301) needs to be amended for revised revenue expectations from Kitsap Transit in accordance with the Interlocal Agreement, from Anthony's Restaurant, and to reflect revised revenue expectations from interest earnings; and the capital expenditure budget requires adjustment to reflect the completion ofthis project and fund by end of year 2005; and WHEREAS, the Public Safety Capital Bond Fund (Fund 302) needs to be amended to reflect a FEMA grant secured by the Fire Department for facility equipment for the new fire station, to revise the revenue expectations from the sale of the US Bank building, and to reflect revised revenue expectations from interest earnings. An adjustment is also required to reclassify appropriations between expenditure categories to properly recognize the nature of expenditures, and the capital expenditures appropriation requires a reduction in recognition of significant work and expenditures being shifted into 2006 ; and WHEREAS, the Maritime Park Fund (Fund 303) should be renamed to the Harborside Park Fund and amended to reflect receipt of additional CDBG Funds and the shifting of expenditures and related funding receipts into 2006. In addition, an amendment is needed to reflect revised revenue expectations from interest earnings and a transfer in of funds from the General Government Capital Improvement Fund (Fund 308) for the City's contribution of funding for this proj ect; and WHEREAS, the Government Center Capital Fund (Fund 305) needs to be amended to reflect revised revenue expectations from interest earnings, as well as the capital expenditure budget requires adjustment to reflect the completion of this project and the conclusion of this fund's activity by end of year 2005. An adjustment is also required to reclassify appropriations between expenditure categories to properly recognize the nature of expenditures incurred in accordance with general accepted accounting principles; and WHEREAS, the General Government Capital Improvement Fund (Fund 308) requires an amendment to reclassify appropriations between expenditure categories for costs associated with the Kiss & Ride project, provide funding for the Harborside Park Fund (Fund 303), provide funding to the Street Fund (Fund 102) for street maintenance per the 2005 Capital Improvement Plan, and to provide funding for a camera relocation in the Norm Dicks Government Center Building. An amendment to reflect revised revenue expectations from Real Estate Excise Taxes is also needed; and WHEREAS, the Park Facilities Construction Fund (Fund 310) needs amendment to reflect receipt of additional CDBG Funds for the Skate Park project and to recognize FEMA and state disaster assistance funds secured as well as to reflect revised revenue expectations from interest earnings. In addition, an amendment is required to reclassify appropriations between 3 2005 Budget Amendment expenditure categories to properly recognize the nature of expenditures incurred in accordance with generally accepted accounting principles; and WHEREAS, the Water Utility Fund (Fund 401) requires amendment to incorporate the revenues and expenditures previously included in the Water Capital Improvement Fund (Fund 402) which is hereby recombined into the Water Utility Fund, and to recognize FEMA and state disaster assistance grant funds received, to transfer the amount required to fund the Utility Debt Reserve Fund (Fund 499), and to provide funds for revised ERR Fund (Fund 510) cost allocations for service and maintenance expenses; and WHEREAS, the Water Capital Improvement Fund (Fund 402) has proven administratively burdensome and has not provided the anticipated benefits of improved financial reporting and therefore should be amended to transfer the budget appropriations included therein back to the Water Utility Fund (401) such that it may then be closed; and WHEREAS, the UUD 2002-01 Fund (Fund 403) needs amendment to adjust the revenues anticipated from the issuance of debt and contributions to reflect the final assessments and costs of the project. The capital expenditures require amendment to reflect the final cost allocations, and debt service needs to be increased to reflect additional interest expense on the interfund loan which was extended in duration until September 1,2005; and WHEREAS, the Gold Mountain Golf Complex (Fund 407) requires an amendment to provide funds for revised ERR Fund (Fund 510) cost allocations for service and maintenance expenses; and WHEREAS, the Wastewater Utility Fund (Fund 451) requires amendment to incorporate the revenues and expenditures previously included in the Wastewater Capital Improvement Fund (Fund 452) which is hereby recombined into the Wastewater Utility Fund, and to transfer the amount required to fund the Utility Debt Reserve Fund (Fund 499), provide funds for revised ERR Fund (Fund 510) cost allocations for service and maintenance expenses, and to incorporate loan draws from the ERR Fund to the maximum amount permitted under Resolution No. 2945 and adjust anticipated interfund loan repayments for 2005; and WHEREAS, the Wastewater Capital Improvement Fund (Fund 452) has proven administratively burdensome and has not provided the anticipated benefits of improved financial reporting and therefore should be amended to transfer the budget appropriations included therein back to the Wastewater Utility Fund (451) such that it may then be closed; and WHEREAS, the Stormwater Utility Fund (Fund 481) requires amendment to incorporate the revenues and expenditures previously included in the Stormwater Capital Improvement Fund (Fund 482) which is hereby recombined into the Wastewater Utility Fund, and increase capital expenditures related to the Brentwood Stormwater main replacement project which was approved in the 2004 budget but shifted partially into 2005; and WHEREAS, the Stormwater Capital Improvement Fund (Fund 482) has proven administratively burdensome and has not provided the anticipated benefits of improved financial 4 2005 Budget Amendment reporting and therefore should be amended to transfer the budget appropriations included therein back to the Stormwater Utility Fund (481) such that it may then be closed; and WHEREAS, the Equipment Rental Reserve Fund (Fund 510) requires amendment to increase personnel expenses for reallocated labor and to increase supplies, services, and taxes for increased fuel costs and maintenance supplies, and to adjust revenues for charges for services to reflect a correction of cost allocations to other City departments for equipment service and maintenance expenses to fully recover actual expenses incurred by the fund. In addition, an amendment is required to reflect the revised expectation of the Wastewater Utility Fund (Fund 451) drawing additional loan advances from the ERR Fund in accordance with Resolution No. 2945 and to adjust anticipated interfund loan repayments for 2005 from the Wastewater Utility; and WHEREAS, the Police and Fire Pension Fund (Fund 601) needs amendment to reflect revised revenue expectations from interest earnings and fire insurance premium taxes, and to increase the supplies, services and taxes category for additional long term care costs expected in 2005 - with an increased transfer in from the General Fund (Fund 001) to fund this additional expense; and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2005 Annual Budget resulting in the need to amend this Budget document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance 4921 establishing the City of Bremerton's 2005 Budget passed by the City Council on December 8, 2004, is hereby amended as follows: 5 2005 Budget Amendment Original 2005 Budget Amended Adopted by Net 2005 Fund No. Ord No. 4921 Adjustments Budget 001 General Fund City Council $ 242,634 $ $ 242,634 Executive 261,331 .261,331 Financial Services 1,110,064 1,110,064 Legal 584,593 584,593 Human Resources 356,933 356,933 Community Development 1,070,052 1,047 1,071,099 Municipal Court 845,310 845,310 City Auditor 118,329 118,329 Law Enforcement 8,577,335 80,277 8,657,612 Fire/Emergency Medical 5,765,204 158,758 5,923,962 General Facilities 530,965 691 531,656 General Parks 2,757,258 19,774 2,777,032 Engineering 470,730 1,047 471,777 Economic Development 104,012 104,012 Non-Departmental 4,785,235 382,624 5,167,859 Ending Fund Balance 2,350,000 (145,359) 2,204,641 Total General Fund $ 29,929,985 $ 498,859 $ 30,428,844 101 Arterial Street 16,237,545 1,872,155 18,109,700 102 Street 2,576,677 48,942 2,625,619 103 Contingency Reserve 1,636,300 965,825 2,602,125 104 Civic Improvement 288,800 (23,450) 265,350 105 Parking System 2,132,301 39,176 2,171,477 106 Community Development Block Grant 3,352,399 549,360 3,901,759 108 Abatement Revolving 357,330 (63,913) 293,417 110 Police Special Projects 278,300 (8,910) 269,390 113 Public Access Television 237,420 (9,494) 227,926 114 Gift & Donations Fund 109,274 (8,170) 101,104 120 Conference Center Operating 1,246,131 28,158 1,274,289 201 Bond Fund 1,964,310 1,878,037 3,842,347 202 LID Guaranty 171,500 (124,356) 47,144 301 Conference Center 200,000 1,015,826 1,215,826 305 Government Center 150,000 (99,306) 50,694 310 Park Facilities Construction 548,240 15,557 563,797 302 Public Safety Bond 8,965,825 (773,153) 8,192,672 303 Mafitime Harborside Park 2,885,000 (1,384,963) 1,500,037 308 General Government Capital Improvement 2,279,000 222,122 2,501,122 309 Pedestrian/BTC Access 4,359,000 13,525 4,372,525 401 Water Utility 8,778,736 6,189,125 14,967,861 402 Water Capital Fund (closed) 5,803,000 (5,803,000) 403 ULlD 2002-01 935,860 (324,355) 611,505 407 Gold Mountain Golf Complex 3,865,280 6,154 3,871,434 451 Wastewater Utility 12,295,010 3,510,252 15,805,262 452 Wastewater Capital Improvement (closed) 3,530,000 (3,530,000) 481 Storm water Utility 1,561,027 359,130 1,920,157 482 Stormwater Capital Improvement (closed) 180,000 (180,000) 499 Utility Debt Reserve 539,000 539,000 503 Risk Management 2,611,507 128,569 2,740,076 510 Equipment Rental Reserve 6,160,906 453,896 6,614,802 511 Information Services 1,009,239 13,995 1,023,234 601 Police & Fire Pension 2,135,109 184,586 2,319,695 Total All Funds $ 129,310,011 $ 5,660,179 $ 134,970,190 Personnel $ 28,713,747 171,085 $ 28,884,832 Supplies, Services & Taxes 22,630,324 814,779 23,445,103 Capital Outlay 34,286,035 (6,227,499) 28,058,536 Debt Service 10,224,882 1,500,904 11,725,786 Other 9,757,975 1,442,747 11,200,722 Ending Fund Balance 23,697,048 7,958,163 31,655,211 $ 129,310,011 $ 5,660,179 $ 134,970,190 h. 1nn'i R,ulupt A''l'JPMrlnroMt SECTION 2. That the totals for the funds noted in Section I above and as set forth in Attachment A "2005 Revenue Sources - All Funds" and "2005 Expenditures - All Funds", are hereby appropriated for the fiscal year 2005. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2005 ,2005 R:\LEGAL\Ordinances\Finance\05 amending budget ordinance. doc 7 2005 Budget Amendment ATTACHMENT A - Ordinance No. 2005 REVENUE SOURCES - ALL FUNDS BEG LIC. INTER- CHARGES FINES 2005 2004 FUND AND GOV'T FOR AND OTHER TOTAL FUND BUDGET BAL. TAXES PERMIn REVENUE SERVICE FORFEITS REVENUE BUDGET General Fund: City Council 62,427 74,923 74,923 Executive 117,975 99,482 99,482 Financial Services 3,206,138 3,148,500 338,750 315,667 3,802,917 Legal 121,674 145,789 145,789 Human Resources 91,101 113,757 113,757 Community Development 698,100 383,500 430,000 813,500 Municipal Court 761,676 225,750 487,200 25,000 737,950 City Auditor 36,674 34,655 34,655 Law Enforcement 704,747 27,050 475,972 105,400 18,000 13,000 639,422 Fire/Emergency Medical 1,335,500 860,000 3,900 560,800 1,000 1,425,700 General Facilities 0 78,884 78,884 Parks 627,500 443,380 162,700 606,080 Engineering 25,500 25,000 25,000 Economic Development 0 0 N on-Departmental 18,422,020 16,290,955 101,800 498,394 77,000 2,436,477 19,404,626 Beginning Fund Balance 600,000 2,426,159 2,426,159 Total General Fund 26,811 ,032 2,426,159 20,299,455 876,100 978,266 2,705,487 506,200 2,637,177 30,428,844 Special Revenue Funds: Arterial Street 9,698,270 10,907,700 7,057,000 145,000 18,109,700 Street 2,391,809 131,204 300,000 555,000 335,023 1,304,392 2,625,619 Contingency Reserve 890,000 774,125 1,828,000 2,602,125 Civic Improvement 437,000 15,850 240,000 9,500 265,350 Parking System 1,747,509 295,427 2,000 303,850 1,570,200 2,171,477 Comm. Dev. Block Grant 4,027,788 1,368,879 2,023,125 479,755 30,000 3,901,759 Abatement Revolving Fund 197,100 101,087 21,730 170,600 293,417 Police Special Projects 255,000 192,390 20,000 57,000 269,390 Public Access Television 217,420 10,426 39,000 78,000 100,000 500 227,926 Gift & Donation Fund 112,658 . 82,562 200 18,342 101,104 Conference Center Oper 865,000 173,849 897,940 202,500 1,274,289 Discretionary Reserve 1,020,000 0 Total Spec. Rev. Funds 21,859,554 14,053,499 579,000 0 9,713,125 1,836,648 323,850 5,336,034 31,842,156 Debt Service Funds: Bond Fund 1,958,780 158,037 1,054,750 2,629,560 3,842,347 L.l.D. Guaranty 169,800 45,944 1,200 47,144 Total Debt Service Funds 2,128,580 203,981 1,054,750 0 0 0 0 2,630,760 3,889,491 Capital Improvement Funds: Conference Center 13,770,809 603,869 286,957 325,000 1,215,826 Government Center 7,862,956 49,194 1,500 50,694 Park Facilities Construction 928,606 112,322 148,075 400 303,000 563,797 Public Safety Bond 9,950,998 6,055,604 149,400 1,987,668 8,192,672 Harborside Park 1,000,000 (163) 750,000 750,200 1,500,037 General Govt Cap Imp 766,000 1,212,122 950,000 100,000 239,000 2,501,122 Pedestrian/BTC Access 5,700,000 13,225 4,359,000 300 4,372,525 Tot. Cap. Proj. Funds 39,979,369 8,046,173 950,000 0 5,793,432 400 0 3,606,668 18,396,673 ATTACHMENT A - Ordinance No. 2005 REVENUE SOURCES - ALL FUNDS BEG LIe. INTER- CHARGES FINES 2005 2004 FUND AND GOV'T FOR AND OTHER TOTAL FUND BUDGET BAL. TAXES PERMIT~ REVENUE SERVICE FORFEITS REVENUE BUDGET Enterprise Funds: Water Utility 13,002,591 2,166,706 143,280 8,193,450 4,464,425 14,967,861 Water Capital (closed) UUD 2002-01 963,654 13,309 598,196 611,505 Gold Mountain Golf Comp 4,195,728 321,434 2,307,000 1,243,000 3,871,434 Wastewater Utility 21,976,127 783,953 50,000 10,636,309 4,335,000 15,805,262 Waste Capital (closed) 0 Storm water Utility 1,190,804 397,657 1,332,500 190,000 1,920,157 Storm Capital (closed) 0 Utility Debt Reserve 539,000 539,000 Total Enterprise Funds 41,328,904 3,683,059 50,000 0 143,280 22,469,259 0 11,369,621 37,715,219 Internal Service Funds: Risk Management 2,306,071 1,415,569 1,324,507 2,740,076 Equipment Rental Reserve 5,814,141 2,983,999 1,199,485 2,431,318 6,614,802 Information Services 756,440 106,441 916,793 1,023,234 Total Internal Service Fu;' 8,876,652 4,506,009 0 0 0 2,116,278 0 3,755,825 10,378,112 Trust & Agency Funds Police & Fire Pension 1,903,141 44,985 38,251 2,236,459 2,319,695 Total Trust & Agency 1,903,141 44,985 0 0 38,251 0 0 2,236,459 2,319,695 Total All Funds 142,887,232 32,963,865 22,933,205 876,100 16,666,354 29,128,072 830,050 31,572,544 134,970,190 Revenue Sources - All Funds Other Revenue $31,572,544 23% Beginning Fund Balance $32,963,865 24% Fines & Forfeits $830,050 1% Taxes $22,933,205 17% Charges for Service $29,128,072 22% Intergovernmental $17,750,181 14% Licenses & Permits $876,100 1% ATTACHMENT A - Ordinance No. 2005 EXPENDITURES - ALL FUNDS 2004 SUPPliES & CAPITAL DEBT ENDING 2005 FUND BUDGET PERSONNEL SERVICES OUTLAY SERVICE OTHER FUND BAL. BUDGET General Fund General Government City Council 211,149 216,241 26,393 242,634 Executive 255,037 180,920 80,411 261,331 Financial Services 948,081 831,124 278,940 1,110,064 Legal Department 529,351 299,565 285,028 584,593 Human Resources 291,824 240,617 116,316 356,933 Community Developmenl 947,983 904,590 149,009 17,500 1,071,099 Municipal Court 799,932 614,840 230,470 845,310 City Auditor 106,879 100,697 17,632 118,329 Law Enforcement 7,891,535 6,421,776 2,235,836 0 8,657,612 Fire/Emergency Medical 5,385,756 5,039,330 884,632 0 5,923,962 General Facilities 508,040 94,078 404,578 33,000 531,656 General Parks 2,392,835 1,923,937 823,595 8,500 21,000 2,777,032 Engineering 287,647 372,802 98,975 471,777 Economic Development 150,509 76,983 27,029 104,012 Non-Departmental 4,748,510 220,436 1,145,394 0 411,000 3,391,029 5,167,859 Ending Fund Balancf 1,355,964 2,204,64 I 2,204,641 Total General Fund 26,811 ,032 17,537,936 6,804,238 41,500 432,000 3,408,529 2,204,641 30,428,844 Special Revenue Funds: Arterial Street 9,698,270 41,000 47,750 7,042,000 10,978,950 18,109,700 Street 2,391,809 1,591,996 1,008,439 21,000 4,184 2,625,619 Contingency Reservf 890,000 0 681,020 1,921,105 2,602,125 Civic Improvement 437,000 148,700 16,300 100,000 350 265,350 Parking System 1,747,509 6,000 541,907 90,580 1,347,690 185,300 2,171,477 Comm. Dev. Block Grant 4,027,788 142,288 1,389,817 970,775 1,398,879 3,901,759 Abatement Revolving 197,100 5,000 36,500 234,100 17,817 293,417 Police Special Projects 255,000 133,986 56,000 79,404 269,390 Public Access Television 217,420 172,559 47,072 8,295 227,926 Gift & Donations Fund 112,658 750 80,825 10,000 9,529 101,104 Conference Center Oper 865,000 51,000 1,132,009 35,000 30,000 26,280 1,274,289 Discretionary Reserve 1,020,000 0 Total Spec. Rev. Fund5 21,859,554 2,010,593 4,567,005 7,233,580 301,400 3,099,485 14,630,093 31,842,156 Debt Service Fund: Bond Fund 1,958,780 3,684,310 158,037 3,842,347 LID Guaranty 169,800 47,144 47,144 Total Debt Service Fund: 2,128,580 0 0 0 3,684,310 0 205,181 3,889,491 Capital Improvement Fu 1ds; Conference Center 13,770,809 1,215,826 1,215,826 Government Center 7,862,956 16,000 34,694 50,694 Park Facilities Constructic 928,606 140,000 395,080 13,160 15,557 563,797 Public Safety Bond 9,950,998 100,000 1,986,000 691,240 5,415,432 8,192,672 Harborside Park 1,000,000 1,500,000 37 1,500,037 General Govt Cap Imp 766,000 2,500 699,000 1,285,000 514,622 2,501,122 Pedestrian/BTC Access 5,700,000 4,359,000 13,525 4,3'72,525 Tot Cap Improv. Fund! 39,979,369 16,000 242,500 10,189,600 704,400 1,285,000 5,959,173 18,396,673 ATTACHMENT A - Ordinance No. 2005 EXPENDITURES - ALL FUNDS 2004 SUPPLIES & CAPITAL DEBT ENDING 2005 FUND BUDGET PERSONNEl SERVICES OUTLAY SERVICE OTHER FUND BAL. BUDGET Enterprise Funds: Water Utility 13,002,591 3,130,653 3,222,301 5,703,000 288,219 718,431 1,905,257 14,967,861 Water Capital (closed) UUD 2002-01 963,654 76,401 535,104 0 611,505 Gold Mountain Golf Com] 4,195,728 137,673 2,774,543 150,000 625,728 183,490 3,871,434 Wastewater Utility 21,976,127 2,341,768 2,662,059 3,430,000 5,154,625 1,396,439 820,371 15,805,262 Waste Capital (closed) 0 Stormwater Utility 1,190,804 624,923 575,908 150,000 292,838 276,488 1,920,157 Storm Capital (closed) 0 Utility Debt Reserve 539;000 539,000 Total Enterprise Funds 41,328,904 6,235,017 9,234,811 9,509,401 6,603,676 2,407,708 3,724,606 37,715,219 Internal Service Funds: Risk Management 2,306,071 275,336 1,049,171 1,415,569 2,740,076 Equipment Rental Reservf 5,814,141 450,000 750,000 1,010,955 1,000,000 3,403,847 6,614,802 Information Services 756,440 392,715 450,578 73,500 106,441 1,023,234 Total Int. Svc. Funds 8,876,652 1,118,051 2,249,749 1,084,455 0 1,000,000 4,925,857 10,378,112 Trust & Agency Fund Police & Fire Pension 1,903,141 1,967,235 346,800 5,660 2,319,695 Total Trust & Agency 1,903,141 1,967,235 346,800 0 0 0 5,660 2,319,695 Tot. Non-General Fund! 116,076,200 11,346,896 16,640,865 28,017,036 11,293,786 7,792,193 29,450,570 104,541,346 Total All Funds 142,887,232 28,884,832 23,445,103 28,058,536 11,725,786 11,200,722 31,655,211 134,970,190 Expenditures - All Funds Ending Fund Balance $31,655,211 24% Personnel $28,884,832 21% Other $11,200,722 8% Capital Outlay $28,058,536 21% Supplies & Services $23,445,103 17% Debt Service $11,725,786 Memorandum To: Fiscal & Budget Committee Mayor Cary Bozeman From: Laura Lyon, Director of Financial Services Re: 2005 Budget Amendments Date: August 16,2005 The City adopted the 2005 budget by Ordinance No. 4921. As we review the financial results through the second quarter of 2005 and begin the process of developing the proposed 2006 budget, it is a good time to project and revise the revenue and expenditure expectations for the remainder of the year. Enclosed is a proposed mid-year budget amendment ordinance and supporting schedules. There are a variety of issues addressed in the amendments, but the primary items are: . Incorporation of actual beginning fund balances . Formally adopt and incorporate previous 2005 budget changes approved by council action . Adjust revenue expectations for known additional receipts (grants, financings, contract payments etc) . Adjust interest earnings expected for funds that had this omitted in the original budget but have subsequently had earnings - or for which fund balances varied significantly from the original balance resulting in a clear need to revise the estimate . Adjust revenue expectations from sales tax receipts (most conservative projection was utilized) and from charges for services (again on a conservative basis and limited to very specific areas that clearly exceed expectations). . Correct an under collection of service. charges to various City departments for ERR Fund fuel, maintenance, and service costs. This results in increased budget appropriations for the funds using these services and an increase in the revenues of the ERR Fund. . Increase the budget of the Police & Fire Pension Fund to cover additional long term care costs which were not anticipated in the original budget. This . adjustment resulted in a need to transfer additional funds from the General Fund to the Pension Fund. . Transfer additional REET funds from the General Government Capital Improvement Fund to the Harborside Park (City contribution to this project) and to the Street Fund to cover the maximum allowable per the Capital Improvement Fund . Transfer additional funds from the General Fund to cover shortages in the Civic Improvement Fund and the Street Fund resulting from lower than anticipated beginning fund balances. . Reclassification of expenditure categories as needed to properly reflect the actuals as classified in accordance with Generally Accepted Accounting Principles. . Correct the Utility Systems budgets for required transfers to the Utility Debt Reserve Fund. . Increase the interfund loan usage of the Wastewater Fund from the ERR Fund to the full extent authorized by Resolution No. 2945 and revise the interfund debt repayment expectations for 2005. A revised debt repayment schedule will be brought forth separately for Council action. . Collapse the Utility Capital Funds back into the Utility Operating Funds - they have proven more costly and time consuming to administer than the perceived value of separate tracking. . Other miscellaneous adjustments as indicated in the ordinance and supporting schedules. I will be reviewing these adjustments with the Mayor and Fiscal & Budget Committee on August 17, 2005. The proposed adjustments will then be reviewed with the full City Council on August 31, with action anticipated on September 7,2005. Cc: Cathy Johnson Paula Johnston Mark McLaughlin CITY OF BREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2005 Year to Date Proposed Original Adjusted Revised Budget Budget (I) Actuals Thru Projected Budget 2005 2005 June 30,2005 2005 2005 REVENUES Taxes Property $ 6,136,155 $ 6,136,155 $ 3,255,376 $ 6,136,155 $ 6,136,155 Sales 6,516,800 6,516,800 3,180,196 6,702,000 6,702,000 Other 7,461,300 7,461,300 3,859,657 7,461,300 7,461,300 Licenses and Permits 876, JOO 876,100 574,986 876,100 876,100 Intergovernmental 978,266 978,266 402,817 978,266 978,266 Charges fOf Services 2,467,987 2,467,987 1,491,263 2,705,487 2,705,487 Fines and Forfeitures 506,200 506,200 216,720 506,200 506,200 Miscellaneous 236,577 236,577 179,516 236,577 236,577 Transfers in 2,400,600 2,400,600 1,120,673 2,400,600 2,400,600 Total Revenues 27,579,985 27,579,985 14,281,204 28,002,685 28,002,685 EXPENDIIDRES Personnel Ex.penses 17,537,936 17,537,936 8,392,273 17,537,936 17,537,936 Supplies, Services, and Taxes 6,558,020 6,558,020 2,988,096 6,804,238 6,804,238 Capital Expenditures 41,500 41,500 18,662 41,500 41,500 Debt Service 432,000 432,000 205,475 432,000 432,000 Transfers Out 3.010.529 3.160.529 l. 790.848 3,160,529 3,408.529 Total Expenditures 27.579,985 27.729.985 13.395.354 27.976.203 28,224,203 CHANGES IN FUND BALANCE Net change in fund balances (150,000) 885,850 26,482 (221,518) Fund Balances-beginning 2.350,000 2.500,000 2,426.159 2,426.159 2,426,159 Fund Balances-ending $ 2.350.000 $ 2.350.000 $ 3.312.009 $ 2,452.641 $ ._ 2,204,MI GENERAL FUND EXrCl'lUI 0RES BY DEPARTMENT City Council $ 242,634 $ 242,634 $ Il7,307 $ 242,634 $ 242,634 Executive 261,331 261,331 129,4JO 261,331 26J,331 Financial Services I,IlO,064 1,1I0,OM 450,938 I,IlO,064 I.IlO,064 Legal Department 584,593 584,593 256,857 584,593 584,593 Human Resources 356,933 356,933 136,785 356,933 356,933 Community Development 1,070,052 1,070,052 501,038 1,071,099 1,071,099 Municipal Court 845,310 845,310 437.425 845,310 845.310 City Auditor 1I8,329 1I8,329 56,055 Il8,329 Il8,329 PoJice Department 8,577,335 8,577,335 4,048,940 8,657,612 8,657,612 Fire Department 5,765,204 5,765,204 2,844,534 5,923,962 5,923,962 General Facilities 530,965 530,965 321,908 531,656 5)1,656 Parks & Recreation 2,757,258 2,757,258 1,178,789 2,777,032 2,777,032 Engineering 470,730 470,730 244,627 471,777 471,777 Econonomic Development 104,012 104,012 90,Jl5 104,(1I2 104,012 NOll-Departmental 4,785.235 4.935,23z.. 2,580.626 4,919,859 5,167.859 Total E;;;penditures $ 27,579.985 $ 27.729.985 $ 13395,354 $ 27.976,203 $ 28.224.203 (I) Adjustments Dreviously discussed or approved via council motion or resolution through June 3D, 200S. To be incorporated into a budget adjustment ordinance for 2005. Target crtding fund balance is 8.5% of annual expenditures. which for 200S is approximately $2,399,000. liudgtlAdjuslmtnls: Adjust beginning fund balance to actual increase Sales Tax receipts to reflect revised lJrojections for 200S increase Charges for Services to reflect revised projections for 2005 Increase Supplies, Services & Taxes ~ Chevron Property Environmental Evaluation costs Increase Supplies, Services & Taxes - ERR Fund. cost allocation correction Reclasslry pe"onnel oosls from Gen Mise sel aside [or BPOG and BPMA selllemenls (BPOG $19,507 & BPMA $15,869) - Police Dept Reclassify personnel costs from Oen Mise set aside fOf BPOG and BPMA settlements (BPOG 519,507 & BPMA $15,869) ~ Non.Oept Transfer to abatement revolving fund (Fund 108) - approved 2/2/05 Transfer 10 civic improvement fund (Fund 104)- required due to begirming fund balance shortage Transfer to street fund (Fund 102) - required due to beginning fund balance shortage & ERR fund cost allocation corrections Transfer to police & tire pension fund (Fund 601) - requiloo to cover projectoo incrt"aSed costs through end of 2005 Net adjustment to ending fund balance required FUND 001 $ 76,159 185,200 237,500 (20,000) (226.218) (35,376) 35,376 (150,000) (8,000) (70,000) (170,000) (145,359) Adj Required From The Original Budget 2005 185,200 237,.500 422.700 246,218 398,000 644,218 (221,518) 76.159 (145.359) 1,047 80,277 158,158 691 19,774 1,047 382,624 644,218 CITY OF RREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ARTERIAL STREET FUND For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (1) Actuals Thru Projecled Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental 7,057,000 7,057,000 2,295,417 7,057,000 7,057,000 Charges for Services Fines and Forfeitures Mis<::ellaneous 90,000 90,000 144,999 145,000 145,000 55,000 Transfers in Total Revenues 7,147,000 7,147,000 2,440,416 7,202,000 7,202,000 55,000 EXPENDITURES Personnel Expenses 41,000 41,000 41,000 41,000 Supplies, Services, and Taxes 47,750 47,750 47,750 47,750 Capital Expenditures 7,042,000 7,042,000 1,427,652 7,042,000 7,042,000 Debt Service Transfers Out Total Expenditures 7,130,750 7,130,750 1,427,652 7,130,750 7,130,750 CHANGES IN FUND BALANCE Net change in ftmd balances 16,250 16,250 1,012,764 71,250 71,250 55,000 Fund Balances-beginning 9,090,545 9,090,545 10,907,742 10,907,742 10,907,700 1,817,155 Fund Balances-ending $ 9,106,795 $ 9,106,795 $ 11,920,506 $ 10,978,992 $ 10,978,950 $ 1,872,155 - (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incmporated into a budget adjustment ordinance for 2005. Budget A<ljustments: Adjust beginning ftmd balance to actual $ 1,817,155 Increase Miscellaneous Revenues to reflect greater interest earnings from higher than anlicipated fund balance 55,000 Nel adjustment to ending ftmd balance required $ 1,872,155 FUND 101 ~ ,"" A"nC1l'^ 1l'.0 wrffilUES. """"",to"" AND C!I""GllS '" ""'" BALANCE STREET FUND For the )'ear Ended Decernber 31, 2005 )' ear to Date proposed Mj Required Original MjUSted Revised FrolTl The Budget Budget (1) }\ctuals Thru Projected Budget Original Budget ~ ~ ~ ~ ~ ~ REVENUES Taxes $ property $ $ $ $ $ Sales 20,000 Other (parking tax) 280,000 280,000 111,202 300,000 300,000 Licenses and Permits Intergoverrunental (fue\ ta1<C) 555,000 555,000 241,883 555,000 555,000 Cbarges for Services 335,023 335,023 144,312 335,023 335,023 Fines and ForfeiturCs Misce\\aneoUS 121,500 121,500 25.413 121,500 127,500 Transfers in ~ ~ ~ ~ ~ ~ Total Revenues ~ ~ ~ ~ ~ ~ ExPENDITURES 1,59 1,996 Personnel Expenses 1,591,996 1,591,996 696,823 \,59\,996 Supplies, Services, and Ta1<Ces 963,6%1 963,68\ 556,220 1,008,439 1,008,439 44,75& Capital ExpenditureS 21,000 Debt Service 21,000 21,000 2 \,000 Transfers Out ~ ~ ~ ~ ~ ~ Total ExpenditureS ~ ~ ~ ~ ~ ~ Cl:lANGES IN fUND BALANCE (121,020) 1\4,\34 Net change in fund balances (24l,l54) (241,\54) (67,446) (321,020) Fund Balances-beginning ~ ~ ~ _ \3\,2~ ~ ~ $ (195,816) $ 4,1&4 $ 4,1114 Fund Balances-ending $ -~ $ -- $ 63,758 =--"""" --= = ~ ~ -~ -"-'--= = ~ (" Mi"'- ,..,_Iy di...... 0<.".... '" """'" ",..." "",'- """"'" "",,,0. 200;.r. b. _"" ,,~. ""'"' ,.,-"' ....'- '0< "," ~ Adjust beginning fund balance to actual ]nO'- _", di' "'. "'" .- """ r~ . c"'"' ",,- "'"" ('''''' """ ,_ _ t..... _ _,. ","", """.... b...... ~- """"'" ,,,,,,0. ,0<" Reduce transfers in _ CDBG Funding reduced \..re~ ",..'" ,.. "'"' G_ "'" ~"'" "'"....." "'- ""-- ._00 _b~ SoN- & r_ ._"" ERR ,.. "", .1- ,.,...- Net adjustment to ending fund balance required $ (109,950) 130,000 20,000 (61,108) 10,000 ~ $~ FUND ~ 02 DTV OF 6REM1<:RTO.N 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONTINGENCY RESERVE FUND For the Year Ended December 31, 2005 Year to Date Prol'osed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for SeIVices Fines and Forfeitures Miscellaneous 870,000 870,000 930,781 1,828,000 1,828,000 958,000 TralL.fers in Total Revenues 870,000 870,000 930,781 1,828,000 1,828,000 958,000 EXPENDITURES Personnel Expenses Supplies, SeIVices, and Taxes Capital Expenditures Debt SeIVice Transfers Out 681,020 681,020 681,020 681,020 Total Expenditures 681,020 681,020 681,020 681,020 CHANGES IN FUND BALANCE Net change in fund balances 188,980 188,980 930,781 1,146,980 1,146,980 958,000 Fund Balances-beginning 766,300 766,300 774,126 - 774,126 774.125 7,825 Fund Balances-ending $ 955,280 $ 955,280 $ 1,704,907 $ 1,921,106 $ 1,921,105 $ 965,825 - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Rudget Adjustments' Adjust begilUling fund balance to actual $ 7,825 Increase Revenue from Miscellaneous _ Property Sales Proceeds revised to actual expectations (see note below) plus interst earnings 958,000 Net adjustment to ending fund balance required $ 965,825 Note: Original budgeted revenues from sales of property included Permit Center, Fire Station, and Capital Hill Fire Station. Revised expectations for 2005 include: Finlt portion of East Park Sale $925,000, SR3 Park Sale $568,000, and Old Fire Station Sale of $310,000. Eastparl< and SR3 Park proceeds are restricted for usage for appropriate parks and related improvements as required by deed restriclions. FUND 103 - CITY OF 8REMERTON 2005 ANTICIPATED REVENUES, EXffiNDlTURES AND CHANGES IN FUND BALANCE CIVIC IMPROVEMENT FUND Forthe Year Ended December 31, 2005 Year to Date proposed Adj Required Original Adjusted Revised From The Budget Budget 1I) Actuals Thm projected Budget Original Budget 2005 - 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other (hotel/motel tax) 240,000 240,000 \23,304 240,000 240,000 Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures MiscellaneouS 1,000 1,000 986 1,800 1,500 500 Transfers in 8,000 8,000 - - - - - - - - Total Revenues 241,000 241,000 124,290 241,800 249,500_ 8,500_ EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 137,000 148,700 82,821 148,694 148,700 11,700 Capital Expenditures Debt Service 28,000 16,300 16,300 16,300 (ll ,700) Transfers Out 100,000 100,000 50,000 100,000 100,000 - Total Expenditures 265,000 - 265,000 132,821 264,994 265,000 CHANGES IN FUND BALANCE Net change in fund balances (24,000) (24,000) (8,531 ) (23,194) (15,500) 8,500 Fund Balances-beginning - 47,800_ 47,800 15,882.... - 15,8~ 15,850 (31,950) Fund Balances-ending $ 23,800 $ 23,800 $ 7,358 $ (7,305) $ 350 $ (23,450) - -----' --" ~ =-- -" -- --' (I) Adj"~- ",",,,," di""" " 'W'''''' .. _;( ""uoo,, =10000 Jhro"Jlh J_ 311, 1J)05. T, b< ,.,,,"',,"" j.'" , bwI,. ,dj"- ""Ii"." r" 200S I'rflpnspn Rmlgr.t Adjustments: $ 500 11,700 (11,700) 8,000 (31,950) . (23,4501 Increase 2005 revenue expectations from interest earnings ].""1_'" ='"'' ' "",", ,. _" '" _'I "''''' '''''''''' 1,2005 (" bwIgct book) , =' ,,","""'00 "I,dmin;\ ""'~ ,.,.,,00' 1"""IIi,,,,,,1 ,..-". ' 00'" ,. ~ " """"'I ",,,,, '''''''''' I, 2005 ('" bwI,. book) , 00_' _"Ii,. 0' ."",,,1 -,~ ">""",, Transfer of $8,000 from the General Fund (Fund 001) to cover beginning fund balance shortage Adjust beginning fund balance to actual Net adjust to ending fund balance required $ FUND 104 CITY OF 6REMRRm~ 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Vear Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for Services 3,000 3,000 960 2,000 2,000 (1,000) Fines and Forfeitures 303,850 303,850 133,415 303,850 303,850 Miscellaneous 1,238,200 1,238,200 497,477 1,100,200 1,100,200 (138,000) Transfers in 220,000 470,000 235,000 470,000 470,000 250,000 Total Revenues 1,765,050 2,015,050 866,852 1,406,050 1,876,050 (139,000) EXPENDITURES Personnel Expenses 2,422 6,000 6,000 6,000 Supplies, Services, and Taxes 508,407 530,407 246,235 541,907 541,907 33,500 Capital Expenditures 80,000 90,580 4,239 90,580 90,580 10,580 Debt Service Transfers Out 1,097,690 1,347,690 534,500 1,347,690 1,347,690 250,000 Total Expenditures 1,686,097 1,968,677 787,396 1,986,177 1,986,177 300,080 CHANGES IN FUND BALANCE Net change in fund balances 78,953 46,373 79,456 (110,127) (189,080) Fund Balances-beginning 367,251 367,251 295,427 295,427 295,427 (71,824) Fund Balances-ending $ 446,204 $ 413.624 $ 374.883 $ 295,427 $ 185,300 $ (260,904) - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Bud,et Adiustments: Adjust beginning fund balance to actual Initial budget correction - noted in memo to council dated February 1,2005 (in budget book) - correct transfers in for debt payment Initial budget correction- noted in memo to council dated February I, 2005 (in budget book) - correct transfers out for debt payment Decrease revenue expectations from charge for services Decrease revenue expectations parking facility receipts Increase Capital Expenditures for Washington Street Garage Door - approved by Council on February 2, 2005 Increase Supplies, Serivces, and Taxes for Conference Parking Security Services - approved by Council on May 3,2005 Increase Supplies, Serivces, and Taxes for Municipal Court Parking Ticket Software - approved by Council on August 3,2005 Reelass personnel expenses from Supplies, Services and Taxes category - net effect to personnel expense category Reelass personnel expenses from Supplies, Services and Taxes category - net effect to supplies, services, and taxes category Net adjustment to ending fund balance required (71,824) 250,000 (250,000) (1,000) ( 138,000) (10,580) (22,000) (17,500) 6,000 (6,000). (260,904). $ FUND 105 FUND 106 .cITY OlUlREMF.RTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGE S IN FUND BALANCE ABATEMENT REVOL VING FUND For the Year Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for Services 21,730 21,730 1,058 21,730 21,730 Fines and Forfeitures Miscellaneous 223,100 223,100 713 3,100 3,100 (220,000) Transfers in 17 ,500 167,500 167,500 167,500 167,500 150,000 Total Revenues 262,330 412,330 169,271 192,330 192,330 (70,000) EXPENDITURES Personnel Expenses 5,000 5,000 5,000 5,000 Supplies, Services, and Taxes 36,500 36,500 5,129 36,500 36,500 Capital Expenditures Debt Service 234,100 234,100 217,954 234,100 234, I 00 Transfers Out Total Expenditures 275,600 275,600 223,083 275,600 275,600 CHANGE S IN FUND BALANCE Net change in fund balances (13,270) 136,730 (53,812) (83,270) (83,270) (70,000) Fund Balances-beginning 95,000 95,000 101,087 101,087 101,087 6,087 Fund Balances-ending $ 81,730 $ 231,730 $ 47.275 $ 17,817 $ 17,817 $ (63,913) - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. T o be incorporated into a budget adjustment ordinance for 2005. Budget Adiustments' Adjust beginning fund balance to actual $ 6,087 Transfer from General Fund (Fund 001) - approved 2/2/05 150,000 Adjust revenue expectations to remove refinancing the Line of Credit (220,000) Net adjustment to ending fund balance required $ (63,913) FUND 108 CITY OF BREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE POLICE SPECIAL PROJECTS FUND For the Year Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Pennits Intergovernmental Charges for Services Fines and Forfeitures 20,000 20,000 11,250 20,000 20,000 Miscellaneous 38,000 38,000 56,062 57,000 57,000 19,000 Transfers in Total Revenues 58,000 58,000 67,312 77,000 77,000 19,000 EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 86,800 86,800 29,908 133,986 133,986 47,186 Capital Expenditures 56,000 56,000 4,050 56,000 56,000 Debt Service Transfers Out Total Expenditures 142,800 142,800 33,958 189,986 189,986 47,186 CHANGES IN FUND BALANCE Net change in fund balances (84,800) (84,800) 33,354 (112,986) (112,986) (28,186) Fund Balances-beginning 220,300 220,300 192,390 192,390 192,390 (27,910) Fund Balances-ending $ 135,500 $ 135,500 $ 225,744 $ 79,404 $ 79,404 . $ (56,096) (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. T o be incorporated into a budget adjustment ordinance for 2005. BudQet Adiustments: Adjust beginning fund balance to actual Increase revenue expectations from confiscations - based on year to date actuals Increase Supplies, Services, and Taxes - req\lired ERR Fund cost allocation correction Net adjustment to ending fund balance required $ (27,910) 19,000 (47,186)_ (56,096) . $ FUND 110 ~ 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE pUBLIC ACCESS TELEVISION OPERATIONS FUND For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised FrOln The Budget Budget (I) Actuals Thru Projected Budget Original Budget - 2005 2005 June 30.2005 2005 2005 2005 - - - - - REVENUES Taxes Property $ $ $ $ $ $ Sales Other (city PEG fees) 39,000 39,000 19,890 39,000 39,000 Licenses and Permits Intergovernmental (County PEG fees) 78,000 78,000 20,550 78,000 78,000 Charges for Services \1 0,420 110,420 49,852 100,000 100,000 (10,420) Fines and Forfeitures Miscellaneous 273 500 500 500 Trausfers in - - - - - - - Total Revenues 227,42lL. 227,420 90,565 217,500 217,500 ~ . - - ---- EXPENDITURES Personnel EJ<penses 172,559 172,559 84,229 172,559 172,559 Supplies, Services, and Taxes 46,049 46,049 10,392 47,072 47,072 1,023 Capital EJ<penditures Debt Service Transfers Out - - - - - - - - - Total EJ<penditures - 218,608 - - 218,608 ...94,621 219,631 219~} - 1,023 CHANGES IN FUND BALANCE Net change in fund balances 8,812 8,812 (4,056) (2,131) (2,131) (10,943) Fund Balances-beginning 10,002- 10,(){\2- 10,~ 10,47!- 10,42L 426 - - - Fund Balances-ending $ 18,812 $ 18,8\2 $ 6a $ 8,295. $ 8,295 $ (10,517' - - - --- - ----------= =- -.---=- =-- .~ (l) Adj~'m"'I"mi""Y d"""'" m ,,,,,,yo( ~,_,n =,.. m """,tim> 'm"'" J_ 30, 2005, T. '" ;=""m'o( ;"m , b"''''' "'~",'" m"- fm 20" $ 426 (10,420) 500 (1,023) (.10,517)_ J3.udg~ Adjust beginning fund balance to actual Reduce revenue eJ<pectations to revised estimates Add miscellaneous revenue from interest earnings Increase Supplies, Services, and Taxes - required ERR Fund cost allocation correction Net adjustment to ending fund balance required $ FUND 113 CITV OF llRRl\1ERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31, 2005 Year lo Date Proposed Adj Required Original Adjusted Revised From The Budgel Budget (l) Actuals Thru Projecled Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Pennits Inlergovemrnental Charges for Services 200 200 200 200 Fines and FOlfeitures Miscellaneous 18,342 18,342 10,789 18,342 18,342 Transfers in Total Revenues 18,542 18,542 10,789 18,542 18,542 EXPENDITURES Personnel Expenses 750 750 750 750 Supplies, Services, and Taxes 80,825 80,825 3,214 80,825 80,825 Capital Expenditures 10,000 10,000 lO,OOO lO,OOO Debt Service Transfers Out Total Expenditures 91,575 91,575 3,214 91,575 91,575 CHANGES IN FUND BALANCE Net change in fund balances (73,033) (73,033) 7,575 (73,033) (73,033 ) Fund Balances-beginning 90,732 90,732 82,562 82,562 82,562 (8,170) FWld Balances-ending $ 17,699 $ 17,699 $ 90,137 $ 9,529 $ 9,529 $ (8,170) (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incv. pv".ted into a budget adjuslment ordinance for 2005. Blld""t A ttiustmen1s: Adjust beginning fund balance lo aclial $ (8,170) Net adjustmmt required to the ending fund balanre $ (8,170) FUND 114 CITY OF RRRMRRTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER OPERATIONS For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Pennits Intergovernmental Charges for Services 897,940 897,940 433,158 897,940 897,940 Fines and Forfeitures Miscellaneous 35,000 35,000 2,473 2,500 2,500 (32,500) Transfers in 200,000 200,000 100,000 200,000 200,000 Total Revenues 1,132,940 1,132,940 435,631 1,100,440 1,100,440 (32,500) EXPENDITURES Personnel Expenses 51,000 51,000 51,000 51,000 Supplies, Services, and Taxes 1,132,009 1,132,009 569,741 1,132,009 1,132,009 Capital Expenditures 35,000 35,000 (405) 35,000 35,000 Debt Service 15,184 30,000 30,000 30,000 Transfers Out . Total Expenditures 1,218,009 1,218,009 584,520 1,248,009 1,248,009 30,000 CHANGES IN FUND BALANCE Net change in fund balances (85,069) (85,069) (148,889) (147,569) (147,569) (62,500) Fund Balances-beginning 113,191 113,191 173,849 173,849 173,849 60,658 Fund Balances-ending $ 28,122 $ 28,122 $ 24,960 $ 26,280 $ 26,280 $ (1,842) - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. T o be incorporated into a budget adjustment ordinance for 2005. Budget Adjustments. Adjust beginning fund balance to actual $ 60,658 Reduce revenue expectations - preliminary expectations of shared revenues from security/maintenance not realistic (32,500) Add Debt Service - omitted from original budget ordinance - $25,000 interest payments on BofA loan plus $5,000 issuance costs (30,000) Net adjustment required to the ending fund balance $ (1,842) FUND 120 CITY OF RREMF,RTOlS. 2005 ANTICIPATED REVENUES, EXlENDlTURES AND CHANGES IN FUND BALANCE BOND FUND For the Year Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget ( I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ 1,054,750 $ 1,054,750 $ 484,424 $ 1,054,750 $ 1,054,750 $ Sales Other Licenses and Permits intergovernmental Charges for Services Fines and Forfeitures Miscellaneous 42,700 42,700 4,679 1,772,700 1,772,700 1,730,000 Transfers in 606,860 856,860 289,085 856,860 856,860 250,000 Total Revenues 1,704,310 1,954,310 778,188 3,684,310 3,684,310 1,980,000 EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service 1,704,310 1,954,310 632,677 3,684,310 3,684,310 1,980,000 Transfers Out - Total Expenditures 1,704,310 1,954,310 632,677 3,684,310 3,684,310 1,980,000 CHANGES IN FUND BALANCE Net change in fund balances 145,511 Fund Balances-beginning 260,000 260,000 158,037 158,037 . 158,037 (101,963) Fund Balances-ending $ 260,000 $ 260,000 $ 303.548 $ 158,037 $ 158,037 $ (101,963) "' (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Budget A<ljl"tments' Adjust beginning fund balance to actual $ (101,963) Initial budget correction - noted in memo to council dated February I, 2005 (in budget book) - correct transfers in for debt payment 250,000 Initial budget correction - noted in memo to council dated February 1,2005 (in budget book) - correct debt service exp for debt payment (250,000) Increase Miscellaneous Receipts for 2005 revenue refunding bond proceeds - refunding 1993 L TGO Bonds 1,730,000 Increase Debt Service expenditures for 2005 revenue refunding bond expenditures to retire refunded 1993 L TOO Bonds & issuance costs (1,730,000) Net adjustment required to the ending fund balance $ (101,963) FUND 201 CITY OF RRRMERTON 2005 ANTICIPATED REVENUES, EXPENDI1URES AND CHANGES IN FUND BALANCE LID GUARANTY FUND For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (1) Actuals ThIll Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmenlal Charges for Services Fines and Forfeitures Miscellaneous 2,500 2,500 546 1,200 1,200 (1,300) Transfers in Total Revenues 2,500 2,500 546 1,200 1,200 (1,300) EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Nel change in fund balances 2,500 2,500 546 1,200 1,200 (1,300) Fund Balances-beginning 169,000 169,000 45,944 45,944 45,944 (123,056) Fund Balances-ending $ 171,500 $ 171,500 $ 46,490 $ 47,144 $ 47,144 $ ( 124,356) - - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorponted into a budget adjustment ordinance for 2005. Budget Adjustments. Adjust beginning fund balance to actual $ (123,056) Decrease revenue expectations from interest earnings - lower fund balance at beginning of year translates into lower funds to be invested (1,300) Net adjustment to ending fund ballnce required $ (124,356) FUND 202 CITY OF RREMERTON: 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER CAPITAL PROJECT FUND For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental 256,498 286,957 286,957 286,957 Charges for Services Fines and Forfeitures Miscellaneous 325,000 325,000 325,000 Transfers in Total Revenues 256,498 611,957 611,957 611 ,957 EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures 200,000 200,000 475,062 1,215,826 1,215,826 1,015,826 Debt Service Transfers Out Total Expendi tures 200,000 200,000 475,062 1,215,826 1,215,826 1,015,826 CHANGES IN FUND BALANCE Net change in fund balances (200,000) (200,000) (218,563 ) (603,869) (603,869) (403,869) Fund Balances-beginning 200,000 200,000 603,869 603,869 603,869 403,869 Fund Balances-ending $ $ $ 385,306 $ $ $ (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Budg!:LAdjustments: Adjust beginning fund balance to actual $ 403,869 Increase revenues from intergovernmental to reflect payments from Kitsap Transit in accordance with Interlocal Agreements 286,957 Increase miscellaneous revenues for Anthony's Sale agreement payment ($300,000) and interest earnings ($25,000) 325,000 Increase capital expenditures to reflect actual expenditures necessary to conclude Opus Contract (retainage and residual expenditures) (1,015,826) Net adjustment required to the ending fund balance $ FUND 301 ~ "', "",,,,.,'fED ,,"b~"'" ",_",,",' "" en",G" m ,uND ."""NCF 1'UBLlC SAFETY 1'ROJECTS fuND for the '{ear Ended December 31,2005 1'roposed Re~ised Budget ~ Mj Re<\uired 1'rol1\ The original Budget ~ 1'rejected ~ Origi1\lll Budget ~ Yeat to Date Adjusted Budget (l) ~ $ j\ctualsT\IrU ~ $ $ REVENUES Taxes 1'ro\le~ Sales othet LicellSes and 1'ennits ]ntetgo~etnll\eIltal Charges fot Se!'lices fines and forleitutes 1Y1isce\laneOus Transfers m Total Revenues 149,400 149,400 149,400 149,400 \60,000 160,000 130,500 29,500 29,500 \\1,9\6 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $ $ $ 3,769 1,463,730 100,000 \,9\\6,000 \0,220 ~ ~ E)(PEND \'lURES personnel E1lpeIlS"S Supplies, Set'lices, and T aJ<eS Capital E1lpendituteS Debt Se!'lice Transfers Out Total E1<penditut"S 7 ,97\,000 \0,220 ~ ~ (640,172) 6055,604 ~. $ 7,971,000 691,240 ~ ~2240 ~ (89,505) 6055,604 ~ $ 51 120) (6,5 ' oS 6\\55,3 o,~ ---303,5~ $ ~ Adjust beginnmg {und balance to actual --~"""'--_..... ,-,.,... , ' _'" .,.- ,,".' ~...........,,,,,,, .,., ""~.. US.""...- ' , , ,4Jtio""...." '006"''''"' ""."- -"'~"~" ,""'_ __ ""..... "".....' . ' ' 2006 " " ,. ,'" .,.--",,,,,"C,,,""".""" ' Decrease caPItal e1lpend1tute& to refte ct sll1t\mg 0 e mal tY .. ~ d t ~eet c.nital\7,ation threshold - impact to supplles , . r !'Iic s & taJ<e& - <:<\U1P ",hICU oes no ~ ..,. ."".",..."'., _ _"".. _ ~ _ " ' ,'h "" '" "'" ",_ _oId';-" ",wI ............"_.--"'-- .-.-'" ," , .. -"". ......., "'" ",," """," '" -' '" -' -" """"'. -" "" ~ ............., ""''''';.-''''' ..-""", .""",.".._._--~... Net adj\lStnlent required to the ending {und balance FUND 302 100,000 1,9116,000 10,220 ~ ~ (640,172) 6055,604 o~ ----s:415,~ $ $ (199,701) 149,400 (253,352) nO,500 5,11115,000 (\00,000) 100,000 6111,020 ~ $~ \00,000 \.5,9115,0(0) (611\,020) ~ ~ 5,91 \,5411 ~ ----5\ II ,11~ $ ~ ~ 2005 ANUC~m" ,",_",,;NUBS, ""~ AND CUA,.;ES IN RIND BALANCE HARBORSlDE pARK FUND For the year Ended December 3\, 2005 Year to pate Proposed Adj Required Original MjuSted Revised I'rOlu'the Budget Budget (1) Actuals Thru projected Budget Original Budget ~5 ~ ~ ~ 2005 ~ REVE1'WES - 'taJ<.es property $ $ $ $ $ $ Sates Other Licenses and Permits Intergovernmental 2,425,000 2,425,000 32,000 750.000 750,000 (\,675,000) Charges for Services fines and forfeitures Misce\laneOUs 200 200 200 'Transfers in ~ ~ ~ ~ ~ ~ 'total Revenues _ 2,885,222- ~ ~ ~ \,500,200 ~ - .- EXPENDrfURES Personnel EJ<.penses Supplies, Services, and'TaJ<.es capital EJ<penditureS 2,885,000 2,885,000 64,744 \ ,500,000 1,500,000 (\,385,000) Debt serv ice Transfers Out ~ ~ ~ ~ ~ - - 'total ExpenditureS ~:885,000 _ ~ ~ ~ ~ ~ CHANGES 1])\ fUND BALANCE Net change in fund balances \ ,465 200 200 200 Fund Balances-beginning ~ ~ __ (\63) ~ ~ ~ Fund Balances-ending $ - $ - $ \ ,302 $ 37 $ 37 $- ~ - ~ - - - -= - --== ~ (I) ^,i"- "",..It ._'" ~ -"" "" _" mo'oo ~ "",_ ""... ''''' 30,2005. ", '" _,om'" "'" · bol'" "'jOO_ 0"'- fu,2005 Adjust beginning fund balance to actual 111crease Miscellaneous fof interest ean1ings "'''''~ ~~""', 'o>ID CDOG' ""._1 fu_ ,,_1M _il", ""' ",,,,,,1_'- __ ,fu_re.--will ",ill ""'200"_w," 11<""''' """, ""' ",_ C"nUI _ml'- fu<WO", .. ,. "'_ "" 2006 ' · ,. i<<'''''' ,. 200' ""'... .m CW ",_ -'" ,. ' _ ... _" ",,'~"", c.,"I'''''~- ",mI (f"'" ,'" Net adjustment required to the ending fund balance $ ((63) 200 40,000 (\,675,000) \,385,000 ~~ $ .---E- ful~ fUND 303 CITV OF BREMERTON 2005 ANTICIPATED REVENUES, EXffiNDITURES AND CHANGES IN FUND BALANCE GOVERNNffiNTCENTERCANTAL For the Year Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Pennits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous 1,433 1,500 1,500 1,500 Transfers in Total Revenues 1,433 1,500 1,500 1,500 EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 12,135 16,000 16,000 16,000 Capital Expenditures 150,000 150,000 73,581 34,694 34,694 (115,306) Debt Service Transfers Out Total Expenditures 150,000 150,000 85,716 50,694 50,694 (99,3061. CHANGES IN FUND BALANCE Net change in fund balances ( 150,000) (150,000) (84,283) (49,194) (49,194) 100,806 Fund Balances-beginning 150,000 150,000 49,194 49,194 49,194 (100,806) Fund Balances-ending $ $ $ (35,089) $ $ $ (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Budl!cLAdiustments' $ ( 100,806) 1,500 99,306 ( 16,000) 16,000 Adjust beginning fund balance to actual Increase in interest earnings revenues based upon actuals through 6130105 Reduce Capital Expenditures to reflect work that shifted into 2004 thereby reducing beginning fund balance available for 2005 Rec1ass a portion of capital expenditures into Supplies, Services, and Taxes category - impact to supplies & services Rec1ass a portion of capital expenditures into Supplies, Services, and Taxes category - impact to capital expenditures Net adj ustment required to the ending fund balance $ FUND 305 proposed Adj Required Year to pate Revised F rotn ,\le Original Adjusted l'rojected Budget Original Budget Budget Budget (\) Actuals ,hru ~ ~ ~ ~ ~ ~ $ $ $ $ $ $ 950,000 950,000 llO,OOO \\40,000 \\40,000 524,39\\ 100,000 100,000 100,000 100,000 15,\\11 139,000 13<),000 139,000 139,000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 20" M<'KIl'At':P ..._, r;Xl'E"DIfU'" """ OWlOIlS II< ,uND .;LA"e, O",<BAAL GO""""""'" e",'ffAL _O"""",,,,"1lD For the Year Ended December 31,2005 C"",OIlS II< "",UD""""eIl '4250(0) 30,655 (311,500) . db \ <.4250UO)' ' Netcbange In fun a anceS ' 1100 n"" 1212,\2.2 1~ . . "",,,,,' .~ . __.M'" """ B.''''''''''''''''' .=- ~6~5 000 . ~ $ \\94,6Jl.., ,------615 ",,' · · " - --~ ,,,,, ""',-,- -'~ - ' .- =-' . . . 20 ,,,,, "'bo,_~.""",,_""'i'-""""'''''.'''''' <" "'''',''',,'' f""'"'' d""",, ~ _,., "" ,",,,,II _" ",,__I""" . REYEN\JE's ,ay.es l'rOl'etty Sales Other (Real Estate E1tcise ,a:x.es) Licenses and l'ennits Intergovernrnental ChargeS for Services fines and forfeitures Miscellaneous ,ransfers in ,otal Revenues FJ(.pENDrIURES personnel Expenses Supplies, Services, and TaxeS Capital E:x.penditureS Debt serv ice ,ransfers out ,otal E1<penditllfCS 10\,500 51,120 699,000 905,000 ~ 564,000 452,500 ~ 1 040,000 ~604000 ~ 905,000 ~1604,000 ~ Adjust beginning fund balance to actual ""~~ ~,_ !roW""" """ .' f.od '"'" "" "., ",,,,,, ...."' '" "" cl..' - -" r<O' · 10" C.""O · ",'0' """Ib''''' _'" _ ""od" _ . _,Id"" ,,,,,,,,,,I, ,"" ( " tV. & 0 .de categor" out of Transfers . d dF b ,1 2005 <.ill budget book) - cotreC ""ss "" .) ,."" bod,. ,-'" - """" -" '""" '" ,,,," ' . . ' . Tu"" odd"''''' 1\ll"" ,""" " ... S"" "., (1"" -- - .","''' '" """ ""'" 1: f n ""'1""" " ... _"" ,.... """ (20" - C'" ","""",," " ,'" ,.",,' .. u'" 0 ~- _ . , ' ",.. "" _.~ ,." .., M""'''''-' ""'~,~".- ",-" e",- Co"" "",' ,. -".. " tlet adiustlnent required to the ending fund balance ~ fUND 308 2,500 699,000 2,500 135,000 l235,OOO '~ ~ 245,000 ~ ~ (691.500) l~ ---5~ $~~ <,212,5(0) 112,122 ~ --(160,~ $ -- ,..- $ 1\2,122 1\0,000 135,000 (135,000) (\30,000) (250,000) (2,500) $~ CITY OF RR.EME.RTOJ\j' 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PEDESTRIAN/BTC ACCESS FUND For the Year Ended December 31, 2005 Year to Dale Proposed Adj Required Original Adjusted Revised From The Budgel Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 - REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental 4,359,000 4,359,000 4,359,000 4,359,000 Charges for Services Fines and Forfeitures Miscellaneous 162 300 300 300 Transfers in Total Revenues 4,359,000 4,359,000 162 4,359,300 4,359,300 300 - EXPENDITURES PersOlmel Expenses Supplies, Services, and Taxes Capital Expenditures 4,359,000 4,359,000 4,359,000 4,359,000 Debt Service Transfers Out Total Expenditures 4,359,000 4,359,000 4,359,000 4,359,000 CHANGES IN FUND BALANCE Net change in fund balances - 162 300 300 300 Fund Balances-beginning 13,225 13,225 13,225 13,225 Fund Balances-ending $ $ $ 13,387 $ 13,525 $ 13,525 $ 13 ,525 "- (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incOIporated into a budget adjustment ordinance for 2005. Budget Adjustments. Adjust beginning fund balance to actual $ 13,225 Increase revenue from interest earnings 300 Net adjustment required to the ending fund balance $ 13,525 FUND 309 - - 1.005 "BT>CIP"TED "'.VllNUEs,llXPENDITURES """ <"",..;S IN ,mW""",,BOJ PARR FACILITIES CONSTRUCTION FUND for the Year Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised Fronl The Budget Budget (1) Actuals Tl1m Projected Budget Original Budget ~5 2005 ~e 30, 2005_ 2005 ~ ~ REVENUES - - - - Taxes Property $ $ $ $ $ $ Sales Other Licenses and penuits Intergovel1\ll1ental 140,000 140,000 8,07\ 148,075 148,075 8,075 Charges for Services 342 400 400 400 Fines and Forfeitures Miscellaneous 30,000 30,000 18,412 30,000 30,000 Transfers in 201,610 201,6~ ~ 273,00.2.- ...173,000 ~ - - - - Total Revenues 371,61~ 37\,61~ ~ 45.lB?- ~ ~ - - EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 110,000 140,000 5,428 140,000 140,000 30,000 Capital ExpenditureS 425,080 395,080 23,553 395,080 395,080 (30,000) Debt Service \3 ,160 13,160 \3,160 13,160 Transfers Out ~ - - - - - - - - Total E1<penditureS - 548,2~ - 548,2~ - 28~ ~ ~ ~ CHANGES IN FUND BALANCE Net change in fund balances (176,630) (176,630) 60,344 (96,765) (96,765) 79,865 Fund Balances-beginning - 176,632.- _ 176,63.2.- - 112,32l.... _ 1l2,3~ ~ (64,308) - - Fund Balances-e.nding $ $ - $ 172,666 $ 15,557 $ 15,557 $ 15,557 - - =- -= =---~ ~ -- --= ~--- --..:--=. (I) Mj""""" pw,,"," ,,,,",,",,, ",ro~' .W w"" ~''^'' _""iw """"h ,,,",30, 200S. To'" ,--" ."" , ""'" "j""~o,,.i",'" fu< 2005 ~ Adjust beginning fund balance to actual Increase ttausfer in - from CDBG Fund \0- "'_._...- W ","""w """ ...S....-....- """ ~"'"'-.~' II,,~" roW ,,,<2005 Increase revenue from interest earnings R~"" , port"" ol ",'W ",,"''''''' "'" """"", SsN'= ... T,= ,.."" - """" W ,,,,,,,,, & .~i'. '"''''''' ",,,,,,, ,l ,,,,,,I ",..._ '0," _liM, "",_'" T_ "."" - '-' W ",i.' ,""""'-. Net adjustl1\cnt required to the ending fund balance (64,30ll) $ 71,390 lI,075 400 (30,000) 30.000 ~ $~ FUND 3~O -- CITY OF BREMERTON 2005 ANTICIP A TED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (1) Actuals Thru Projected Budget Original Budget 2005 2005 Jooe 30, 2005 2005 2005 2005 REVENUES Taxes Propelty Sales Other Licenses and Permits lntergovemmental 143,280 143,280 143,280 143,280 Charges for Services 6,693,450 6,693,450 3,124,180 8,193,450 8,193,450 1,500,000 Fines and Forfeitures Miscellaneous 335,996 335,996 318,580 4,464,425 4,464,425 4,128,429 Transfers in Total Revenues 7,029,446 7,029,446 3,586,040 12,801,155 12,801,155 5,771,709 EXPENDI11JRES Personnel Expenses 3,130,653 3,130,653 1,548,272 3,130,653 3,130,653 Supplies, Services, and Taxes 3,181,517 3,181,517 1,408,278 3,222,301 3,222,301 40,784 Capital Expenditures 457,104 5,703,000 5,703,000 5,703,000 Debt Service 288,219 288,219 11,232 288,219 288,219 Transfers Out 857,542 857,542 268,077 718,431 718,431 (139,11 I) Total Expenditures 7,457,931 7,457,931 3,692,963 13,062,604 13,062,604 5,604,673 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (428,485) (428,485) (106,923) (261,449) (261,449) 167,036 Food Balances-beginning working capital 1,749,290 1,749,290 2, I 66,706 2,166,706 2,166,706 417,416 Fund Balances-ending working capital $ 1,320,805 $ 1,320,805 $ 2,059,783 $ 1,905,257 $ 1,905,257 $ 584,452 (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Budrret Adjustments: Adjust beginnil1g fWld balance to actual Increase intergovernmental revenue to recognize F EMA and State disaster assistance funds actually received through mid year 2005. Increase Transfers Out - Transfer to Debt ReselVe was never budgeted for 2005 - yet reserve fund anticipates receipt Dfthis transfer Descl'ease transfers out for Water System Capital Fund Transfer that is no longer needed with collapse of capital fund into operating fund Increase Revenue for Charges for S elVices - Timber Sales - transfer from F und 402 Increase Revenue for Miscellaneous - transfer from F und 402 Increase Supplies, Services, and Taxes - required ERR F und cost allocation correction Increase Capital Expenditures - transfer from F und 402 Net adjustment required to the ending fund balance 417,416 143,280 (35,460) 174,571 1,500,000 4,128,429 (40,784) (5,703,000) 584,452 Ending fWld balance should be 12% of annual expenditure budget - which would approximate $ 1,560,000. Projected ending balance meets this expectation. FUND 401 CITY OF 6REMERTON 2005 ANTlCIP ATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER CAPITAL IMPROVEMENT FUND For the Year Ended December 3 1,2005 Rudp:et A<ljuslments 10 Zero out Funn 402 ann co1\3p"e it into Funn40 I: Decrease Revenue for Charges for Services - Timber Sales - transfer to Fund 40 1 Decrease Revenue for MiscellaneouS - transfer to Fund 401 Decrease Revenue for Miscellaneous _ this transfer from fund 401 is no longer necessary with collapsing of funds together Decrease Capital Expenditures - transfer to Fund 401 Net adjustment required to the ending fund balance FUND 402 $ (1,500,000) (4,128,429) (174,571) 5,703,000 (100,000) CITY OF BREI\IIER1ON. 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE tJLlD 2002-1 For the Year Ended December 31, 2005 Year to Date proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals 'Ihru projected Budget Original Budget 2005 2005 -1un~, 2005 2005 2005 2005 - - - REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Pennits Intergovernmental Charges for Services Fines and ForfeitureS MiscellaneouS 928,854 928.854 61,433 598,196 598,196 (330,658) Transfers in - - - - - - Total Revenues 928,85~ 928,854 61,432.- 598.196 598,196 1]2.0,658) .- EXPENDiTURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures 20,000 20,000 336 76,40i 76,401 56,40\ Debt Service 532,500 532,500 208 535,104 535.1 04 2,604 Transfers Out - - - - - - - - ~ Total Expenditures 552,50~ 55~ 544 61~ 611,505_ 59,005 - - - - CHANGES IN FUND BALANCE Net change in working capital 376,354 376,354 60,889 (13,309) (13,309) (389,663) Fund Balances-beginning working capital - 7,0~ - ~ - 13 ,30':- - 13,30?... - 13,309 - - 6,303 Fund Balances-ending working capital $ 383,360 $ 383,360 $ 74,198 $ $ $ {383,360) =----~ ----.- --. - -;~ - = - --= =--- ~ (1) Adj$""W' P''''o~'' di~~'"' ",,,,,,,,", ,', w""" "",.. """"'0>," _I"" 30, 2005. To b1 ,,,,,,,,,,,,", ,,<0 ,..dgct ,dj~'m'" ,,"w'" r" 200' ~ $ 6,303 (330,658) (56,401) j2,604) _ {383,~ Adjust beginning fund balance to actual _.' M,=ll"w~ ro'_ ~ roil'" ,~_ "'"""'''' """"""". '" ULID "," "".w'" "",.",", Increase Capital Expenditures to reflect additional capital costs necessary to conclude the project ,,,,,,,., """ ,"",W ~p."'" rell.' odd"''''''' "'_, 00 ,-"", ... - ~- " S<p11OO"" 1,2005 Net adjustment required to the ending fund balance $ FUND 403 CITY OEBREMERTON. 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Rev ised From The Budget Budget (1) Actua Is Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for Services 2,307,000 2,307,000 1,018,039 2,307,000 2,307,000 Fines and Forfeitures Miscellaneous 1,243,000 1,243,000 482,779 1,243,000 1,243,000 Transfers in - Total Revenues 3,550,000 3,550,000 1,500,818 3,550,000 3,550,000 EXPENDITURES Personnel Expenses 137,673 137,673 35,525 137,673 137,673 Supplies, Services, and Taxes 2,759,517 2,759,517 1,161,029 2,774,543 2,774,543 15,026 Capital Expenditures 150,000 150,000 58,901 150,000 150,000 Debt Service 625,728 625,728 155,470 625,728 625,728 Transfers Out Tota! Expenditures 3,672,918 3,672,918 1,410,925 3,687,944 3,687,944 15,026 CHANGES IN FUND BALANCE Net change in working capital (122,918) (122,918) 89,893 (137,944) (137,944) (15,026) Fund Balances-beginning working capital 315,280 315,280 321,434 321,434 321,434 6,154 Fund Balances-ending working capilal $ 192,362 $ 192,362 $ 411,327 $ 183,490 $ 183,490 $ (8,872) (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. Budget Adjustments' Adjust beginning fund balance to actual Increase Supplies, Services and Taxes - required ERR Fund cost allocation con-eclion Net adjustment required to the ending fund balance $ 6,154 (15,026) (8,872) $ Ending fund balance should be 12% ofannua! expenditure budget - which would approximate $443,000. Projected ending fund balance is significantly lower. FUND 407 .CITY OF BREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE W ASTEW A TER UTILITY For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Pro.iected Budget Original Budget 2005 2005. JWle 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ Sales Other 50,000 50,000 36,168 50,000 50,000 Licenses and Permits Intergovernmental Charges for Services 10,636,309 10,636,309 5,182,654 10,636,309 10,636,309 Fines and Forfeitures Miscellaneous 550,000 550,000 13,728 970,000 1,970,000 1,420,000 Transfers in 2,365,000 2,365,000 2,365,000 T otaI Revenues I 1,236,309 11,236,309 5,232,550 14,021,309 15,021,309 3,785,000 EXPENDITURES PersoIUlel Expenses 2,341,768 2,341,768 1,194,262 2,341,768 2,341,768 Supplies, Services, and Taxes 2,647,425 2,647,425 1,306,617 2,662,059 2,662,059 14,634 Capital Expenditures 661,905 3,430,000 3,430,000 3,430,000 Deht Service 5,654,625 5,654,625 392,159 5,654,625 5,154,625 (500,000) Transfers Out 1.645,984 1,645,984 440,031 900,984 1,396,439 (249,545) Total Expenditures 12,289,802 12,289,802 3,994,974 14,989,436 14,984,891 2,695,089 CHANGES IN FUND BALANCE Net change in working capital (1,053,493) (1,053,493) 1,237,576 (968,127) 36,418 1,089,911 Fund Balances-beginning working capital - 1,058,701 1,058,701 783,953 783,953 783,953 (274,748) Fund Balances-ending working capital $ 5,208 $ 5,208 $ 2,021,529 $ (184,174),. $ 820,371 $ 815,163 (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustment ordinance for 2005. ~Adil1"\tmf"111s..:... Adj ust beginning fund balance to actual Increase Miscellaneous receipts - Additional interftmd loan proceeds from ERR Fund - Loan restructured Increase Transfers Out - Transfer to Debt Reserve was never budgeted for 2005 - yet reserve fund anticipates receipt of this transfer Descrease transfers out for Water System Capital Fund Transfer that is no longer needed with collapse of capital fund into operating fWld Decrease Debt Service - Reduce 2005 Payment to ERR Fund on Interfund Loan - Loan restructured Increase Revenue for Miscellaneous - transfer from Fund 452 Increase Transfers In - transfer to Fund 452 Decrease Revenue for Miscellaneous - this b'ansfer from fund 451 embedded in the fund 452 is longer necessary with collapsing of funds together Increase Supplies, Services and Taxes - required ERR Fund cost allocation correction Increase Capital Expenditures ~ transfer from Fund 452 Net adjustment required to the ending fund balance (274,748) 1,000,000 (495,455) 745,000 500,000 420,000 3,110,000 (745,000) (14,634) (3,430,000) 815,163 $ Ending fuud balance should be 12% of annual expenditure budget- which would approximate $1,825,000. Projected ending fond balance is significantly lower. FUND 451 CITY OF BRF,MfRTOJ\l 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE W ASTEW ATER CAPlT AL IMPROVEMENT FUND For the Year Ended December 31, 2005 Original Budget 2005 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues $ 420,000 3,110,000 3,530,000 EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures 3,430,000 3,430,000 CHANGES IN FUND BALANCE Net ehange in working capital Fund Balances-beginning working capital Fund Balances-ending working capital 100,000 $ 100,000 Year to Date Adjusted Budget (1) 2005 $ 420,000 3,110,000 3,530,000 3,430,000 3,430,000 100,000 $ 100,000 Actuals Thru June 30, 2005 Projected 2005 Proposed Revised Budget 2005 $ $ $ 144,961 642,076 787,037 32 32 787,005 $ 787,005 $ $ ----' (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. T 0 be incorporated into a budget adjustment ordinance for 2005. ~Adjustments to 7 ero Ollt Fuprl4'i? and colll\j)se it into Fund 451' Decrease Revenue for Miscellaneous - transfer to Fund 451 Decrease Transfers In - transfer to Fund 451 Decrease Capital Expenditures - transfer to Fund 451 Net adjustment required to the ending fund balance $ (420,000) (3,110,000) 3,430,000 (100,000) $ FUND 452 Adj Required From The Original Budget 2005 $ (420,000) (3,110,000) _ (3,530,000). (3,430,000) (3,430,000) (100,000) $ (lOO,OOO) CITY OF B.RE.MfRTOfll 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMW A TER UTILITY For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget( I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovenunental Charges for Services 1,332,500 1,332,500 686,703 1,332.500 1,332,500 Fines and Forfeitures Miscellaneous 10,000 10,000 2,511 110,000 II 0,000 100,000 Transfers in 80.000 80,000 80,000 Total Revenues 1,342,500 1,342,500 689,214 1,522,500 1,522,500 180,000 EXPENDITURES PersOlmel Expenses 624,923 624,923 259,630 624,923 624,923 Supplies, Services, and Taxes 575,908 575,908 143,557 575,908 575,908 Capital Expenditures 148,464 150,000 150,000 150,000 Debt Service Transfers Out 292,838 292,838 54,514 292,838 292.838 Total Expenditures 1,493,669 1,493,669 606,165 1,643.669 1,643,669 150,000 CHANGES IN FUND BALANCE Net change in working capital (151,169) (151,169) 83,049 (12],169) (121,169) 30,000 Fund Balances-beginning working capital 218,527 218,527 397,657 397,657 397,657 i 79,130 Fund Balances-ending working capital $ 67,358 $ 67,358 $ 480,706 $ 276,488 $ 276,488 $ 209,130 (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005, To be incorporated into a budget adjustment ordinance for 2005, Budget Adjll<tments' Adjust beginning fund balance to actual $ 179,130 Increase Revenue for Miscellaneous - transfer from Fund 482 100,000 Increase Transfers In - transfer to Fund 482 80,000 Increase Capital Expenditures - transfer from Fund 482 (80,000) Increase Capital Expenditures - expenditures year to date exceed capital budget appropriation (70,000) Net adjustment required to the ending fund balance $ 209,130 Ending fund balance should be 12% of annual expenditure bndget - which would approximate $198,000. Projected ending fund balance meets expectations. FUND 481 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMW ATER CAPITAL IMPROVEMENT FUND For the Year Ended December 31, 2005 REVENUES Taxes Property Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous Transfers in Total Revenues $ EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in working capital Fund Balances-beginning working capital Fund Balances-ending working capital Original Budget 2005 Year to Date Adjusted Budget (I) 2005 CITY OF BREMERTON Actuals Thm June 30, 2005 $ 933 933 933 $ 933 Projected 2005 $ $ Proposed Revised Budget 2005 $ $ (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. T 0 be incorporated into a budget adjustment ordinance for 2005. $ 100,000 80,000 180,000 100,000 80,000 180,000 80,000 80,000 80,000 80,000 100,000 100,000 $ $ 100,000 100,000 ~z ern C111LFllnrt 4R? and collapse it into Fund 481' Decrease Revenue for Miscellaneous - transfer to Fund 481 Decrease Transfers In - transfer to Fund 481 Decrease Capital Expenditures - transfer to Fund 4/81 Net adjustment required to the ending fund balance FUND 482 $ (100,000) (80,000) 80,000 (100,000) $ Adj Required From The Original Budget 2005 $ (100,000) (80,000) ( 100,000) (80,000) (80,000) (100,000) $ (] 00,000) CITY OF BREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE UTILITY DEBT RESERVE For the Year Ended December 31,2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (J ) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Propel1y $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Miscellaneous 8,085 8,085 8,085 8,085 Transfers in 530,915 530,915 530,915 530,915 Total Revenues 539,000 539,000 539,000 539,000 EXPENDITURES Personnel Expenses Supplies, Services, and Taxes Capital Expenditures Debt Service Transfers Out Total Expenditures CHANGES IN FUND BALANCE Net change in working capital 539,000 539,000 539,000 539,000 Fund Balances-begiIming working capital Fund Balances-ending working capilal $ 539,000 $ 539,000 $ $ 539,000 $ 539,000 $ - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be incorporated into a budget adjustmenl ordinance for 2005. No budget adjustments necessary. FUND 499 CITY OF BREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGE S IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended Decemher 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (1) Actuals Thm Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Pennits Intergovermnental Charges for Services Fines and Forfeitures Miscellaneous 1,324,507 1,324,507 912,723 1,324,507 1,324,507 Transfers in Total Revenues 1,324,507 1,324,507 912,723 1,324,507 1,324,507 EXPENDITURES Personnel Expenses 275,336 275,336 116,861 275,336 275,336 Supplies, Services, and Taxes 1,049,171 1,049,171 567,060 1,049,171 1,049,171 Capital Expenditures Debt Service Transfers Out Total Expenditures 1,324,507 1,324,507 683,921 1,324,507 1,324,507 CHANGES IN FUND BALANCE Net change in working capital 228,802 Fund Balances-beginning working capital 1,287,000 1,287,000 1,415,569 1,415,569 1,415,569 128,569 Fund Balances-ending working capital $ 1,287,000 $ 1,287,000 $ 1,644,371 $ 1,415,569 $ 1,415,569 $ 128,569 (1) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. T o be incorporated into a budget adjustment ordinance for 2005. working capital is net of interfund loan repayable that is included in the current year budget expectations. Bllil""t Arliustl1lents: Adjust beginning fund balance to actual $ 128.569 Net adjustment required to the ending fund balance $ 128,569 FUND 503 ~ "'" M""elf J-',;u "W.,.uJ'S, ~11""" MID C"^""'" '" ""'" BAlfiNCf EQUU'MEN'f FYJ-l'fA.L RESERVE For the year Endeu December 31, 2005 proposed '( ear to Date Revised Original MjUSted projected Budget Budget Budget (\) A.ctua\s 1\lrU ~ ~ ~ ~ ~ REVENuES $ laJ<es $ $ $ $ $ property Sales Other Liceoses aou Permits Intergovernmeuta\ 395,460 793,4\1,5 \,\99,4\1,5 793,4\1,5 793,435 Charges for Set'lices Fines aud forfeitures 46\,704 \'326,732 \,326,732 \,326,732 \,326,732 ~ Miscellaneous ~ ~ ~ ~ lransfers in ~ ~ ~ 10ta\ Revenues ~ ~ E}\.l'ENDl1\JRES 222,6()() 450,000 450,000 342,50\ 342,501 750,000 personnel EJ<l'eoses 694,350 375,002 750,000 Supplies, Set'lices, and lay,.es 694,350 495,660 \,0\0,955 \,0\0,955 \,0\0,955 \,010,955 capital F;><.penditures ~ Debt Set'lice ~ ~ lransfers Out ~ ~ ~ ~ 10ta\ EJ<peoditureS ~ ~ ~ Mj ReQ.uired from lhe Original Budget ~ 406,000 (500,000) ~ \07,499 55,650 ~ ~ CBA"GES '" ",NO .AlfiNCf "" '" . . . \ \,676,997' , Nct ,_ ,..''''" "", ",6103 .' '.: ca""" l,~ ,,=-.----c ,."B'.-"'''"''''-'' ' -" ,00 · ----;;n)\OIl ' ' ," , , " ,,,,)\00 > ,~ - I'''" ...-""'" .,"''' "',. -' , ,.... - ' - ~ 1. ....'" h Tu~e 30 2005 10 be inCOrporated into a buog"' ~-,- . . d d ' ,-"-,.,,,,"""--" ," ' , , > (\) Adjust\ne\\ts prev\Ous\y dlscusse or approve vIa d ~ 00 000 \ eceivab\e froUl \.!LID - as t\1ey are reflected \n current uOIb'''-- nNl 00 1 . b\ tro\n wastewater an ~5, oan r 0> ",.""g "" "",... ""I,d" """",,0 .""",w" (236,09\1,) 2,~ ~A~ 90\ ~~ \,013,\1,4\1, (2)~ $ 3,99~ =-~ 4\9,\1,43 999 29\1,3, ~~ ----3:403,~ $ --- --- (1,257,\49) 541,\1,96 ~ $~ B.ud~ A"'" ",.,.'" ,"" "".,,, ~ ~",' T ... f d' In"""" "'.. ' ,",' · """,,,,,,, "',_ ",In _'w .",,, )OIlS ">""""" VI...."" ",," · "" ' """" "",,., In, -'''''. "".ct i-"" -" W ~ "': {""" ,." . d nro\ections based on actua\s through ,une , 1_"" " ,_"'" _ ' """ , , hI " lOllS '_"" '" ,,,,,,.. _"""", T~"' ",.'" ~'i"- ""'" '" ~"", -- .. ' ",,_ '" ,,,,,0'''' ''''' ' _'" ,,,,,. VI'-"" ",,," ("""" Net adjustUlent required tu the ending fund balance $ 541,396 (500,000) 406,000 (101,499) (55,650) ~ $~ fUND 5~O ...-------- ClTY OE.BREMERTON 2005 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31, 2005 Year to Date Proposed Adj Required Original Adjusted Revised From The Budget Budget (I) Actuals Thru Projected Budget Original Budget 2005 2005 June 30, 2005 2005 2005 2005 REVENUES Taxes Property $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for Services 916,793 916,793 458,396 916,793 916,793 Fines and Forfeitures Miscellaneous Transfers in Total Revenues 916,793 916,793 458,396 916,793 916,793 EXPENDITURES Personnel Expenses 392,715 392,715 191,959 392,715 392,715 Supplies, Services, and Taxes 450,578 450,578 185,799 450,578 450,578 Capital Expenditures 73,500 73,500 21,401 73,500 73,500 Debt Service Transfers Out Total Expenditures 916,793 916,793 399,159 916,793 916,793 CHAN9ES IN FUND BALANCE Net change in working capital 59,237 FWld Balances-beginning working capital 92,446 92,446 106,441 106,441 106,441 13,995 Fund Balances-ending working capital $ 92,446 $ 92,446 $ 165,678 $ 106,441 $ 106,441 $ 13,995 : - (I) Adjustments previously discussed or approved via council motion or resolution through June 30, 2005. To be il1cOlporated into a budget adjustment ordinance for 2005. Budget Adjustments: Adjust beginning fund balance to actual $ 13,995 Net adjustment required to the ending fund balance $ 13,995 FUND 511 ~ 2005 A>'fIOrATED .,,vENUES. EJIl'ENDn"'"" AND CHAl"GES IN fUND BALANC12 POLICE A.ND FlRE PENSION FUND For U1e year Ended December 31,2005 year to Date proposed Adj Required Original MjUSted Revised FrOln The Budget Budget (1) Actuals Thru Projected Budget Original Budget p.E\!BNES ~ ~ ~ ~ ~ ~ Taxes PropertY $ $ $ $ $ $ Sales Other Licenses and Permits Intergovernmental 34,790 34,790 38,251 38,25 I 3\\,251 3,461 Charges for Services Fines and Forfeitures MiscellaneoUS 394 600 600 600 Transfers in 2,065~ ~ ~ 2,065~ ~ ~ - - Total Revenues 2,\0~ ~ ~ ~ ~ ~ - EXPENDITURES Personnel Expenses \,925,649 \,925,649 967,159 1,967,235 \,967,235 41,5\\6 SU\lplies, Services. and Taxes 175,000 175,000 1\6,215 346,800 346,800 17\ ,800 Capilal EX\lenditures Debt Service Transfers Out ~ ~ ~ ~ ~ ~ Total ExpenditureS ~0,649 ~ ~ ~ ~ ~ CHA.NGES IN FuND BALANCE Net change in fund balances 4,867 (209,325) (39,325) (39,325) Fund Balances-beginning ~ ~ ~ 44,985 ~ 10,525 Fund Balances-ending $ 34,46.2- $ _ 34,4~ $ 49,852 $~ $ ~ 5,660 $~ - ~ -e:: - ~ =-.~ =---'--= (I) Adj~"""" ""io~'Y _" _'" "" ~,,",i\ ~"""...- "",ogb I'" 20.200' Tob. ",,,,,",,'''' """ , b""."dj~''''''' "",""'" 10< 2"'" ~~ A.djust beginning fund balance to actual ""~_ ","""""",-' .~.M' " ._ 00"" 1M ...- ,-'"'" .. .",,,'" Increase MiscellaneoUS Revenues to reflect interest earnings "".- """",, __ ." _,.,;""_'''~ ~,_of,.. __ "'W'''' ".,i'~ "" T~~ . ",_ ._ ,roj~"'~ f"-"'" of"'" "'" T"'" CO<< "". ""_ ~ro'" m' """ G...... ,"" ('''''' 001)" _" _, _'" .-. '" -"'" 012"'" . ",- LT <= ,,,-~ Net adjustment to ending fund balance required \0,525 $ 3,461 600 (41,586) (l7I,lIOO) \70,000 $~ FUND 60~