HomeMy WebLinkAbout09/07/05 AGENDA
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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
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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:
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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 Brownfields Page 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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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:
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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
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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.
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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.
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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.
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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;
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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:
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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.
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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;
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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
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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.
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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
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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
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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.
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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.
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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.
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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:
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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
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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;
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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.
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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;
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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.
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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.
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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.
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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;
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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;
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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:
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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).
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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;
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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;
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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
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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
~
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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
-<~
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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
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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('
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_--........... /- 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
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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
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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~