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HomeMy WebLinkAbout11/28/2018 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 * * * A M E N D E D * * * NOVEMBER 28, 2018 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, and except for Item A1 and Item A8, there will be no opportunities for input or participation; no action is anticipated during the Study Session except when deemed appropriate; and the content of these items is subject to change. If approved by Council, the remaining items will be placed on the December 5, 2018 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Authorizing hiring of an Executive Assistant at Pay Band 11, Rate 2 of the 2018 Management, Professional, Confidential, and Fiduciary Plan Action is anticipated... 2. Resolution authorizing Application to the State of Washington Recreation & Conservation Office for a Boating Facilities Program Grant to Renovate Kitsap Lake Park 3. Sole Source Purchase from Trebron Company, Inc. for a Barracuda Backup Server 790 4. Resolution authorizing Sole Source Purchase of Sensus Flexnet System from Ferguson Waterworks of Silverdale, WA 5. Professional Service Agreement with Anchor QEA, LLC for the Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan 6. Payment of September 2016 Riddell Road Paving Charges from Transportation Benefit District Funds held in the Residential Street Fund 7. Supplemental Agreement No. 2 with Parametrix, Inc., for Right-of-Way Services for the Kitsap Lake Elementary Safe Routes to School Project 8. Ordinance No. 5361 amending Ordinance Nos. 4875, 5226, 5287, and 5387 to extend the Puget Sound Energy Franchise Agreement Action is anticipated... B. BRIEFINGS AND FULL PRESENTATIONS 1. Resolution authorizing the Transfer of Assets between General Government, City Utilities, and Equipment Rental Reserve Funds 2. Ordinance amending Ordinance No. 5341 establishing the City of Bremerton's Fiscal Year 2018 Budget as amended by Ordinance No. 5348 3. Assistance to Firefighters Grant (AFG) Application to the Federal Emergency Management Agency for the Purchase of a LUCAS Device and ten (10) Automated External Debrillators 4. Intergovernmental Agreement for Emergency Management Assistance Compact (EMAC) and Pacific Northwest Emergency Management Arrangement (PNEMA) 5. Proposed Public Hearing on Ordinance No. 5363 adopting the 2018 Comprehensive Plan & Subarea Plan Amendments; and Ordinance No. 5364 adopting the associated Amendments to the Zoning Code Text and Maps C. GENERAL COUNCIL BUSINESS 1. Other General Council Business (As necessary…) D. EXECUTIVE SESSION 1. 15-Minutes to discuss "Potential Litigation"; which is allowed under RCW 42.30.110 (1)(I) No action is anticipated... Pulled E. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Authorize hiring of an Executive Assistant at Pay Band 11, Rate 2 of the 2018 Management, Professional, Confidential & Fiduciary Salary Plan Study Session Date: November 28, 2018 COUNCIL MEETING Date: N/A Department: Mayor Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is proposing salary compensation for the appointment of the soon-to-be vacant position of Executive Assistant at Pay Band 11, Rate 2. Pursuant to the appointment provisions contained in BMC 2.50.032(a), appointments above Rate 1 require City Council authorization. ATTACHMENTS: The applicant’s resume is on file with Human Resources. FISCAL IMPACTS (Include Budgeted Amount): Funding for this position is included in the year- end budget ordinance. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Action on Motion anticipated RECOMMENDED MOTION: Move to authorize the appointment of Executive Assistant at Pay Band 11, Rate 2, of the 2018 City of Bremerton Management, Professional, Confidential & Fiduciary Salary Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A1 Action anticipated… AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. authorizing Application to the State of Washington Recreation & Conservation Office for a Boating Facilities Program Grant to Renovate Kitsap Lake Park Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: Kitsap Lake is the only fresh water lake in the City of Bremerton and is a popular destination for year-round fishing, boating, water skiing, personal watercraft and wildlife viewing. The existing boat launch and dock have outlived their useful life and are deteriorating rapidly. This grant will be used to replace the boat launch with a new, wider concrete ramp with side shoring and a boarding float with new concrete abutment and ADA compliant pathways. Also included are upgrades to the existing restroom with a new roof, outdoor shower and accessible fixtures, construction of an accessible boat trailer parking stall, and accessible pathways linking the parking lot, boat launch and restroom. This project has been directly shaped by community involvement through meetings with stakeholders and public meetings conducted by the Bremerton Parks & Recreation Commission and department staff. ATTACHMENTS: Exhibit A: Resolution No. Authorizing Grant Application Exhibit B: Kitsap Lake Park Site Plan Exhibit C: RCO/Boating Facilities Program Grant Application FISCAL IMPACTS (Include Budgeted Amount): (Include Budgeted Amount): Project Cost Estimate: $744K. Sponsor Match Estimate: $188K. If funded the RCO/Boating Facilities Program grant will be matched with City cash match (approx. $110K), cash donations and in-kind/force- account labor. Maintenance costs will not increase as existing aged facilities will be replaced with durable materials. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No.________ authorizing staff to make application to the Washington State Recreation and Conservation Office for a Boating Facilities Program Grant; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A2 Page 1 of 4 Resolution Kitsap Lake Boat Launch Renovation Rev. 07/2018 RESOLUTION NO. ________ EXHIBIT A A RESOLUTION of the City Council of the City of Bremerton, Washington, to fulfil a Recreation and Conservation Office Application Resolution/Authorization and obtain grants to benefit local parks. Organization Name (sponsor) City of Bremerton Resolution No. (if applicable) _____________________________________________________ Project(s) Number(s), and Name(s): Kitsap Lake Boat Launch Replacement Project This resolution/authorization authorizes the person identified below (in section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, state grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above “Project(s)”. 2. Mayor Greg Wheeler is authorized to act as a representative/agent for our organization with full authority to bind the organization regarding all matters related to the Project(s), including but not limited to, full authority to: (1) approve submittal of a grant application to the Office, (2) enter into a project agreement(s) on behalf of our organization, (3) sign any amendments thereto on behalf of our organization, (4) make any decisions and submissions required with respect to the Project(s), and (5) designate a project contact(s) to implement day-to-day management of the grant(s). 3. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office’s website at: https://rco.wa.gov/documents/manuals&forms/ SampleProjAgreement.pdf. We understand and acknowledge that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation (applicable to any sponsor) and a waiver of sovereign immunity (applicable to Tribes) and other terms and conditions of any signed project agreement shall be legally binding on the sponsor if our representative/agent enters into a project agreement on our behalf. The Office reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the above authorized representative/agent before execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative/agent has full legal authority to enter into a project agreement(s) on its behalf, that includes indemnification, waiver of sovereign immunit y (as may apply to Tribes), and stipulated legal venue for lawsuits and other terms substantially in the form contained in the sample project agreement or as may be revised prior to execution. Page 2 of 4 Resolution Kitsap Lake Boat Launch Renovation Rev. 07/2018 5. Grant Assistance is contingent on a signed project agreement. Entering into any agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative/agent executing the project agreement(s), the RCO may make revisions to its sample project agreement and that such revisions could include the indemnification, the waiver of sovereign immunity, and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the project agreement(s), confer with our authorized representative/agent as to any revisions to the project agreement from that of the sample project agreement. We also acknowledge and accept that if our authorized representative/agent executes project agreement(s) with any such revisions, all terms and conditions of the executed project agreement (including but not limited to the indemnification, the waiver of sovereign immunity, and the legal venue stipulation) shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. Our Organization acknowledges and warrants, after conferring with its legal counsel, that no additional legal authorization beyond this authorization is required to make the indemnification, the waiver of sovereign immunity (as may apply to Tribes), and the legal venue stipulation substantially in form shown on the sample project agreement or as may be revised prior to execution legally binding on our organization upon execution by our representative/agent. 10. [Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they no materialize. 11. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable cost and pay them. The Office may also determine an amount of retaining and hold that amount until the Project is complete. 12. [Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purpose of the grant i n perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (which documents will be based upon the Office’s standard versions of those documents), to be recorded on the title of the property with the county auditor. 13. [Acquisition Projects Only] Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the project agreement, or authorized in writing by the Office Director. Page 3 of 4 Resolution Kitsap Lake Boat Launch Renovation Rev. 07/2018 14. [Development, Renovation, Enhancement, and Restoration Projects Only – If your organization owns the property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the project agreement or an amendment thereto. 15. [Development, Renovation, Enhancement, and Restoration Projects Only – If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the project agreement or an amendment thereto. 16. [Only for Projects located in Water resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Area, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 17. This resolution/authorization is deemed to be part of the formal grant application to the Office. 18. Our organization warrants and certifies, after conferring with its legal counsel, that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. [Native American Tribes, Local Governments, and Nonprofit Organizations Only] This application authorization was adopted by our organization during the meeting held: Location_____________________________________________ Date__________________ PASSED by the City Council the_____________day of______________________, 2018. [All Applicants] Signed and approved on behalf of the resolving body of the organization by the following authorized member(s); ERIC YOUNGER, Council President Page 4 of 4 Resolution Kitsap Lake Boat Launch Renovation Rev. 07/2018 APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk Washington State Attorney General’s Office Approved as to form 1/19/18 Assistant Attorney General Date Project Application Report Project #18­2567, Kitsap Lake Park Boat Launch Replacement  Current Status: Application Submitted   Project Details     Primary Sponsor: City of Bremerton Primary Contact: Colette Berna  (360) 473­5429 Colette.Berna@ci.bremerton.wa.us   Funding Program: Boating Facilities ­ Local   Project Type: Development       Project Description     The City of Bremerton will use this grant to replace the deteriorating boat launch, upgrade the existing restroom with a new roof, outdoor shower and accessible fixtures, construct an accessible boat trailer parking stall, and add accessible pathways linking the parking lot, boat launch and restroom. Built in 1989, the existing boat launch has outlived its useful life and is deteriorating rapidly. The ramp’s connection cables have failed causing the precast panels to separate, creating wheel stops and damage to trailers. The floating dock is listing, its’ planks are rotting causing hardware to protrude, and the walkway leading to the dock is not accessible. The City will replace the failing boat launch with a new, wider concrete boat ramp with side shoring and a boarding float with new concrete abutment and ADA compliant pathways. Kitsap Lake is the only freshwater lake in the City of Bremerton and is stocked for year­round fishing making it a popular fishing destination, drawing visitors from Kitsap County and beyond. During peak use, more than 50 motorized boats a day use this facility for fishing, wildlife viewing, water skiing/tubing, and recreating with personal watercraft. Special events include the annual Armed Forces Regatta hydroplane races which first started at Kitsap Lake over 70 years ago. This project has been directly shaped by community involvement through meetings with stakeholders and public meetings conducted by the Bremerton Parks & Recreation Commission.   Project Overall Metrics (Outcomes, Benefits)      Category / Work Type / Metric Application Answer   Sites Improved        Project acres developed 0.00 Project acres renovated 1.20 Completion Date Projected date of completion 10/01/2021   Project Funding     Funding Request  Funding % Min Match Required Boating Facilities ­ Local (FY2020)$556,200 74.77 %  Sponsor Match $187,660 25.23 % 25% Total Project Funding $743,860 100.00 %  Sponsor Match Source    Appropriation \ Cash $120,160   Cash Donations $25,000   Force Acct ­ Labor $36,000   Grant ­ Local $6,500   Project Cost Summary  Project % Admin/A&E %Maximum for Selected Program   DEVELOPMENT COSTS  $1,000,000 Development $621,560   A&E $122,300  19.68 %$124,312 (20%) Subtotal $743,860 100.00 %  Total Cost Estimate $743,860 100.00 %    Worksites and Properties     County: Kitsap Legislative Districts 2012: 35 Congressional Districts 2012: 06 Sections: 17 Township: T24NR01E Coordinates: 47.56602641 ­122.70203829   Worksite #1: Kitsap Lake Park     Coordinates from Mapped Point: Latitude: 47.56602641 Longitude: ­122.70203829   Coordinates from Worksite Directions:  Latitude:  Longitude:    Worksite Description:  The 2­acre lake front park is the only freshwater lake in Bremerton and is popular for motorized boating year­round. Proposed improvements include replacement of the failing boat launch and improvements to accessibility including parking, pathways, and restroom upgrades.  Site Access Directions:  From the Bremerton Ferry terminal, start out going NW on WA­304/1st St. toward Washington Ave. Continue to follow WA­304. Turn right onto N. Callow Ave/WA 310. Take the 1st left onto 6th St/WA­310. Continue to follow WA­310. WA­310 becomes Kitsap Way. Turn slight left onto Wilmont St. Turn slight left to stay on Wilmont St. Turn left onto Harlow Dr. Take the 2nd right onto Price Rd. NW. In 0.4 miles the park is on your right.  Worksite Address:   1978 Price Road Bremerton, WA 98312   Development Metrics (Outcomes, Benefits)      Category / Work Type / Metric Application Answer Work Type Costs Boating Infrastructure       Boarding float installation Total cost for Boarding float installation $105,800.00 Number of boarding floats 0 new, 1 renovated Linear feet of the boarding floats 50 Width of the boarding floats 6       Boat ramp development Total cost for Boat ramp development $167,500.00 Number of launch lanes 0 new, 1 renovated Number of elevated launch lanes 0 new, 0 renovated Boat ramp surface type Concrete, Concrete planks Buildings and Structures       Construct / install restroom Total cost for Construct / install restroom $64,600.00 Number of restrooms 0 new, 1 renovated Select the restroom type Restoom with showers Provide the square feet of each restroom 638 General Site Improvements       Develop circulation paths or access routes Total cost for development of circulation paths or access routes $54,650.00 Enter length of circulation paths and routes by surface type ­ Concrete 335 Minimum width of the circulation paths or access routes 6 Lighting provided (yes/no)No       Install signs/kiosk Total cost for Install signs/kiosk $3,200.00 Number of kiosks 1 new, 0 renovated Number of interpretive signs/displays 0 new, 0 renovated Number of permanent entrance signs 1 new, 0 renovated Project involves installation of informational signs (yes/no)Yes       Install site furnishings Total cost for Install site furnishings $18,280.00 Select the site furniture / amenities Benches, Pet waste bag dispensers, Picnic tables, Recycling/Trash receptacles       Landscaping improvements Total cost for Landscaping improvements $8,480.00 Acres of landscaped area 0.25 Select the landscape features Grass/turf, Irrigation, Native vegetation, Trees/shrubs Parking and Roads       Parking development Total cost for Parking development $52,250.00 Number of vehicle parking stalls 0 new, 0 renovated Number of vehicle with trailer parking stalls 0 new, 15 renovated Number of accessible parking stalls ­ Vehicle with trailers 1 Select the parking surfaces Asphalt Select the parking enhancements Catch basins, Curbs, Oil/water separator, Striping Site Preparation       General site preparation Total cost for General site preparation $75,000.00 Acres of site preparation 0.70 Buildings / structures to be demolished Boat Dock/Abutment and Ramp (1989); Pathways/parking/approach to boat launch Select the site preparation activities Demolition, General site prep activities, Mobilization, Removal of piling, Surveying Utilities       Install stormwater system Total cost for Install stormwater system $50,000.00 Select the stormwater utilities Catch basins, Oil/water separators Cultural Resources       Cultural resources Total cost for Cultural resources $3,600.00 Acres surveyed for cultural resources 1.00 Permits       Obtain permits Total cost to Obtain permits $18,200.00 Number of permits required for implementation of project 6 Architectural & Engineering       Architectural & Engineering (A&E) Total cost for Architectural & Engineering (A&E)$122,300.00   Development Questions     1 of 7 Is the worksite(s) located within an existing park, wildlife refuge, natural area preserve, or other recreation or habitat site? If yes, name the area and specify if the land is owned by local, state or federal government.  Yes, Kitsap Lake Park is an existing city park.  2 of 7 Identify the source of funds (i.e. federal grant, Conservation Futures, local appropriations, private land donation, etc.) that was originally used to acquire the property.  Acquisition of Kitsap Lake Park was made possible with assistance from the IAC and LWCF in 1971.  3 of 7 Cultural Resources: Has the worksite been investigated for historical, archeological, or cultural resources? If yes, when did this occur and what agencies and tribes were consulted? Attach related documents (letters, surveys, agreements, etc.) to your project in PRISM.  No  4 of 7 Describe existing worksite site conditions. The answer to this question will be used in cultural resource consultation so please provide detailed information.  The site consists of a 43­stall parking lot, restroom (1989), boat ramp, dock and fishing dock (1989), and the city's pump station (1985).  5 of 7 Cultural Resources: Describe any proposed ground disturbing activities that will take place as part of your project. This includes work conducted by hand or mechanized tools. Provide specific information including length, width, and depth of the ground disturbance. Ground disturbing work includes all restoration activities, geotech, fencing, demolition, etc. Avoid subjective phrases such as “ground disturbing activities will be minor".  Existing pilings for floating boat dock will be removed and replaced. Other ground disturbing activities include construction of new boat ramp and regrading of site to accommodate accessible asphalt pathways.  6 of 7 Give street address for this worksite if available.  1978 Price Road  7 of 7 Cultural Resources: Are there any structures existing on the property (including tidegates, dikes, residential structures, bridges, rail grades, etc.)? If so, please list all existing structures. Indicate if any of these structures will be altered or demolished as a result of the project, and provide the following for each structure that could be altered or demolished: identifying name, year constructed, year(s) remodeled/renovated. Attach at least one photo of each altered structure.  Yes, existing floating docks including pilings (1989) will be removed and replaced and the park's restroom (1989) will be renovated.    Property for Kitsap Lake Park Worksite #1: Kitsap Lake Park     Activity:  Development        Landowner     City of Bremerton   345 6th St Ste 600   Bremerton, WA 98337   Landowner Type:  Local Government  Control and Tenure     Instrument Type:  Sponsor owned property (deed)     Purchase Type:       Term Length:  Perpetuity     Expiration Date:       Note:      Overall Project Questions     1 of 18 Does the project site or project boundary lie within the urban growth area boundary of a city or town with a population of 5,000 or more? If yes, name the community and attach one map called Population Proximity Map under the Attachment Tab in PRISM.  Yes, the project site is within the City of Bremerton, population 40,675 (2016).  2 of 18 Describe any ground disturbing work that will be necessary as part of the design process, such as geotech work. Include anticipated number of test sites, depth of disturbance, location, etc.  Geotech work may be needed for design of new pilings.  3 of 18 When will the project be completed and made available to the public for outdoor recreation uses? Please note that funding may not be awarded for about one year from application submittal and it may take one or more years for you to complete the project.  Completion is estimated by Spring of 2021.  4 of 18 Describe any required mitigation as a result of the action in this proposal. Will mitigation occur on this site or another location?  N/A  5 of 18 Are overhead utility lines present at the site, and if so explain how they will be relocated or buried.  No  6 of 18 Will this proposal create a new public park/recreation area where none presently exists? If yes, what will the area be named?  No.  7 of 18 Will this proposal renovate or expand an existing public park/recreation area? If yes, what is the name of the existing area?  Kitsap Lake Park  8 of 18 How does this proposal implement goals in your agency's planning document and/or the Statewide Comprehensive Plan (include references)  This project implements goals identified in the Bremerton Parks, Recreation and Open Space Plan adopted in March 2014.  9 of 18 Is this project scope part of a larger effort not reflected in the project application? If so, briefly describe the larger effort, funding amount(s) and source(s).  Yes, this project is part of a larger master plan to renovate Kitsap Lake Park which includes a picnic shelter, accessible pathways and parking, new fishing dock, and wetland viewpoint and signage. These elements are proposed to be funded by the Aquatic Lands Enhancement Account.  10 of 18 Describe the nature of any existing rights­of­way, easements, reversionary interests, etc. to the project area.  N/A  11 of 18 Is the project on State Owned Aquatic Lands? Please contact the Washington State Department of Natural Resources to make a determination. (www.dnr.wa.gov/Publications/aqr_land_manager_map.pdf)  No  12 of 18 Does your project address or accommodate the anticipated effects of climate change? If yes or maybe, please describe how.  Yes, Kitsap Lake is the only fresh water lake in the City of Bremerton providing residents a place to recreate close­to­home without driving long distances (reducing pollution and consumption of fossil fuels). The development proposed will be designed with consideration for the environment including: fish habitat friendly design and decking for the docks, pet waste bag dispensers to help protect the lake’s water quality, and native and drought tolerant plant species to conserve water. Long term this park will serve as the north trailhead for a 3­mile paved trail linking Central and South Kitsap, two areas of the county that currently aren’t easy or especially safe for cyclists to navigate.  13 of 18 When this project is completed, what are the projected economic benefits to the community or region? Consider factors such as employment, tourism, environmental improvements, property values, tax revenues, and benefits to human health and wellness. The economic benefits may be realized by government, private businesses, or the general public. Reference existing studies or data. (750 characters max)  Quality parks are essential to attracting new residents to Bremerton and fostering investment in nearby housing stock. Renovating older neighborhood parks such as Kitsap Lake Park will enhance property values, increase municipal revenue, bring in home buyers and workers, and attract retirees. In addition, renovating Kitsap Lake Park will help residents increase their mental well­being and level of physical activity which results in medical savings from treating issues such as heart disease and diabetes that are inversely related to physical activity. The Trust for Public Land analyzed how city parks economically benefit cities by reviewing numerous studies and publishing their results in “Measuring the Economic Value of a City Park System” in 2009. This extensive research illustrates the economic benefits to the following seven attributes: property value, tourism, direct use, health, community cohesion, clean water and clean air.  14 of 18 Who will be responsible for administration, design, and/or implementation of this project (i.e. in­house staff, paid consultants, contractors, volunteers, other agency staff, etc.)? Explain.  In­house staff will be responsible for administration, permitting and preliminary design. Consultants will be procured for topographic survey, cultural resources survey, engineering and geotechnical services. Construction will be carried­out by a combination of hired contractors, city crews, and volunteers.  15 of 18 Do you plan to restrict or limit general public availability or use of the site in any way? If yes, describe the type of restriction, the portion of the project area that will be restricted (an illustrative map may be requested), and the reason(s) the public will be restricted.  No  16 of 18 Does this application contain state, federal or other grants as part of the "sponsor match"? If "yes," name the grant(s) and date grant will be available.  No  17 of 18 Does this application contain elements required for mitigation for other project(s)? If yes, explain:  No  18 of 18 Is this project a subsequent phase to a previously funded RCFB project? If yes, please identify the grant project number(s) if known.  Yes, acquisition of Kitsap Lake Park was made possible with assistance from the IAC (LWCF) in 1971. In 1988 the City received a Boating Facility grant to develop the park which included construction of the boat launch, parking lot and restroom.    Project Permits     Permit Type Applied Date Received Date Expiration Date Permit Number Archeological & Cultural Resoures (EO 05­05) Building Permit Hydraulics Project Approval [HPA] SEPA Shoreline Permit  Permit Questions 1 of 1 Will this project require a federal permit? If this project requires a federal permit, will the scope of that permit cover ALL proposed ground disturbing activities included in this project? You may need to request a pre­application meeting with the permitting agency to answer this question.  Yes, a US Army Corps of Engineers permit will be required for the structure (boat dock) over navigable US waters. The scope of the permit will cover all proposed ground disturbing activities.    Project Attachments     Attachment Type Title Attach Date Control & Tenure Documentation Kitsap Lake Park Deeds.pdf.pdf 10/22/2018 Map: Boundary map – Draft Boundary Map.jpg.jpg 10/22/2018 Photo Photos.jpg.jpg 11/07/2018 Project Application Report Application Report, 18­2567D (submitted 11/07/18 15:00:04).pdf 11/07/2018 Site Plan: Development site plan Kitsap Lake Park ­ Development Site Plan.jpg.jpg 11/07/2018   Application Status     Application Due Date:  11/07/2018  Status Status Date Name Notes Application Submitted 11/07/2018 Colette Berna Preapplication 10/22/2018 I certify that to the best of my knowledge, the information in this application is true and correct. Further, all application requirements due on the application due date have been fully completed to the best of my ability. I understand that if this application is found to be incomplete, it will be rejected by RCO. I understand that I may be required to submit additional documents before evaluation or approval of this project and I agree to provide them. (Colette Berna, 11/07/2018) Date of last change: 11/07/2018 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Sole Source Purchase from Trebron Company, Inc. for a Barracuda Backup Server 790 Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Finance/IT Presenter: Kevin Matthew Phone: (360) 473-5473 SUMMARY: Barracuda Backup is an integrated local and offsite data backup and disaster recovery solution. It is an all-inclusive solution that provides software, storage, replication, and support for both physical and virtual backups. The City of Bremerton’s is data will be protected on a local appliance while Barracuda replication technology allows that data to be securely transmitted and stored within the Barracuda Cloud Storage Service on a remote Barracuda Backup server. This purchase agreement, totaling $62,200.00 (plus tax) is for the purchase of the local Barracuda 790 Backup Appliance with 5 years of support (“Instant Replacement” and “Energizer Updates”) service and 5 years of “Unlimited Cloud Storage” service. This agreement will replace the current Barracuda Backup 690 appliance that is 5 years old and has reached its storage capacity. The agreement will also renew the support agreements and Cloud Storage agreements that are already in place. The purchase of the Barracuda Backup Server services and products was done by direct negotiation pursuant to BMC 2.76.090, as a bid was not practicable or in the City’s best interests. The City has used Barracuda products and services for many years and is currently using this particular backup service. IT is committed to Barracuda for the near future based on performance to date. The Trebron Company has negotiated a better price from Barracuda than the City could obtain by direct purchase from Barracuda. ATTACHMENTS: 1) Purchase Agreement with Trebron Company, Inc. for the purchase of a Barracuda Backup appliance, 5 years support and 5 years Unlimited Cloud storage service 2) Sole source justification FISCAL IMPACTS (Include Budgeted Amount): The total anticipated cost of this project is $62,200.00 plus tax over 5 years. The Trebron purchase agreement will amortize the project cost over 5 years with no debt service. The first year payment in the amount of $12,440.00 plus tax is included in the Information Technology 2018 budget. The second and subsequent payments, in the amount of $12,440.00 plus tax, each will be budgeted in subsequent years. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the purchase agreement with Trebron Company, Inc. in the amount of $62,200.00 plus tax and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A3 Updated Seattle, WA (Corporate) 5506 35th Ave NE, Seattle, WA 98105 Office (206) 527-3477 | Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 | Fax (206) 527-4288 Page 1 of 2 Date: October 18, 2018 Buyer: City of Bremerton Trebron Account Executive: Scott Griffin Trebron Company, Inc. 5506 35th Ave. N.E. Seattle, WA 98105 Mailing 345 6th Street, Suite 600 (360) 275-9100 Direct Address: Bremerton, WA 98337-1873 206-527-3477 Corporate sgriffin@trebron.com Purchase Agreement 5 Years The Parties hereto, “Buyer,” City of Bremerton and “Seller,” Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, “Product” as listed in the table below for $62,200.00 (Sixty Two Thousand Two Hundred United States Dollars and 00/100), plus applicable shipping costs and sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption. Qty Included Components Term (Months) Total Price ($USD) 1 Barracuda Backup Server 790 - $62,200.00 1 Barracuda Backup Server 790 Energizer Updates (EU) 60 Included 1 Barracuda Backup Server 790 Instant Replacement (IR) 60 Included 1 Barracuda Backup Server 790 Unlimited Cloud Storage 60 Included 2. Payment: To be made to Seller in five annual installments of $12,440.00 each. The first payment is due on or before December 31, 2018. The second payment is due on or before December 31, 2019. The third payment is due on or before December 31, 2020. The fourth payment is due on or before December 31, 2021. The fifth and final payment is due on or before December 31, 2022. Payment Terms are net thirty (30) days from date of invoice. All payments shall be by check made payable to Trebron Company, Inc. at the address listed above. 3. Term: Buyer’s license for the product expires approximately 12/26/2023 (5 years). 4. Representations: Buyer understands that Seller is a reseller of hardware and software products. Buyer acknowledges that it has not relied on any representations by Seller and has independ ently investigated the products and determined the suitability of the products for Buyer’s intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufacturers’ warranties for Product acquired by Seller for Buyer, including Licensor’s warranties for Product. Except for the foregoing, Seller shall deliver the Product “as is” and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use, even if Seller has been advised of the possibility of such damages. In no event shall Seller’s entire liability under this agreement exceed the price of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold harmless Seller, its employees and its agents from and against all damages, claims and liabilities of every nature whatsoever, including but not limited to reasonable legal expenses, arising in connection with or out of the improper or unauthorized operation use or repair of the products furnished to Buyer. 8. Late Fees: Late payments shall accrue interest beginning from the payment due date at a rate of eighteen percent (18%) per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety (90) days past due, Seller may declare the entire amount due and owing in addition to accrued fees and costs. Buyer’s failure to pay under this agreement may result in termination of Buyer’s software license. 9. Cancellation: Once Seller has accepted Buyer’s order, Buyer cannot cancel the agreement, in whole or in part, without Seller’s express written consent. Such cancellation is conditioned upon Buyer’s reimbursement to Seller for all costs incurred by Seller in connection with the order up to the time of cancellation—including, but not limited to Seller’s cost for cancellation. Page 2 of 2 10. Attorney’s Fees: In the event any cost or expense, including reasonable attorney’s fees (“Costs”) are incurred in the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in addition to damages. 11. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any and all actions shall be in the state or federal courts of King County, Washington. 12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor. 13. Miscellaneous: This Agreement must be executed on or before 11/16/2018 or it becomes void. 14. Waiver: The waiver of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only if presented in writing. 15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, all other provisions of this Agreement shall remain in full force and effect. 16. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing with execution by both parties. City of Bremerton IT Director Signature Business Office Signature - Required Printed Name Printed Name Title Title Date Date Must be signed by an authorized representative of Buyer Trebron Company, Inc. Billing Information Do you accept invoices via Email? Y ☐ N ☐ Signature Accounts Payable Contact Norbert van Dam Printed Name Email Address President Title Phone Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. authorizing Sole Source Purchase of Sensus Flexnet System from Ferguson Waterworks of Silverdale, WA Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: PW & U Presenter: Wayne Hamilton Phone: (360) 473-5207 SUMMARY: This proposal is to purchase and install a four Station Sensus Flexnet M400 fixed base metering system. Over the past seven years, Bremerton’s Utility staff has been working to replace the water meters and transceivers to be compatible with this new technology which will allow the Utility Billing staff to read, detect leaks, communicate with, shut off, and check for leaks for any individual meter by accessing a software program from their desks. This system will also enable designated city staff to control, monitor and adjust the city’s street lights from their work station. This technology modernization initiative has been coordinated with and approved by the City’s Information Services Department. ATTACHMENTS: 1) Sole Source Resolution No. 2) General Information Sheet 3) Price Quote FISCAL IMPACTS (Include Budgeted Amount): This item is budgeted in the Water Utility Capital Program. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Referred to Public Works Committee RECOMMENDED MOTION: Move to adopt Resolution No. ____ authorizing the Sole Source Purchase of the Sensus Flexnet System from Ferguson Waterworks in the amount of $341,758.60 including Washington State sales tax; and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 Page 1 of 2 Resolution Sensus Flexnet Rev. 10/2018 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, waiving competitive bidding requirements and authorizing purchase of the Sensus Flexnet System from Ferguson Waterworks. WHEREAS, RCW 39.04.280(1)(c) specifically authorizes a municipality to waive competitive bidding requirements "for purchases that are clearly and legitimately limited to a single source of supply"; WHEREAS, the City has over the last seven years been installing water meters and transducers with the expectation to move into the Smart Utility Solutions with the Sensus FlexNet System, which is manufactured by Sensus Metering Systems; WHEREAS, the Sensus FlexNet System is proprietary and Sensus Metering Systems is the only company that provides the hardware and software to interface with the City’s water metering installation; WHEREAS, Sensus Metering Systems contracts with regional suppliers who are the only authorized distributors of the FlexNet System; WHEREAS, Ferguson Waterworks is the regional distributor of the FlexNet System closest to the City of Bremerton; and WHEREAS, under these circumstances it is appropriate and in the best interest of the City to make this sole source purchase of the Sensus FlexNet System from Ferguson Waterworks; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The purchase of the Sensus FlexNet System from Ferguson Waterworks is clearly and legitimately limited to a single source of supply, and waiver of competitive bidding requirements is hereby authorized. SECTION 2. The Mayor or designee is authorized to enter into a contract with Ferguson Waterworks in the amount not to exceed $341,758.60 to complete the system networking with water meters and street lighting systems. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. Page 2 of 2 Resolution Sensus Flexnet Rev. 10/2018 SECTION 4. 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 October, 2018. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney Angela Woods, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Anchor QEA, LLC for the Westside Wastewater Treatment Plant Outfall Sediment Sampling and Study Plan Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: PW&U/WWTP Presenter: Pat Coxon Phone: (360) 473-5448 SUMMARY: During our last NPDES Permit cycle, the City completed the required sediment sampling and submitted the City of Bremerton Sediment Study Monitoring Report to the Department of Ecology in May, 2018. Ecology’s Toxics Cleanup Program/Aquatic Lands Cleanup Unit reviewed the report and commented in letter to the City dated July 24, 2018, that the City should submit a Sampling and Analysis Plan to collect additional data near the Westside Plant’s outfall to further define the nature and extent of contamination reported in the 2015 sampling results. I requested a proposal from Anchor QEA, LLC that would address Ecology’s concerns while minimizing project costs and compliance risks. Anchor QEA, LLC responded with a tiered approach in their Scope of Work in the amount of $89,000. ATTACHMENTS: 1) Anchor QEA, LLC Scope of Work; and 2) PSA with Anchor QEA, LLC FISCAL IMPACTS (Include Budgeted Amount): This work is budgeted through 535.5435.54110 and has a budget of $250,000. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement and Scope of Work with Anchor QEA, LLC in the amount of $89,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 November 1, 2018 720 Olive Way, Suite 1900 Seattle, Washington 98101 206.287.9130 C:\Users\rbarth\Desktop\City of Bremerton\CityBremerton_Rev WPOufall NPDES SOW_110119.docx Patric Coxen Wastewater Manager City of Bremerton Wastewater Treatment Plant 1600 Oyster Bay Avenue South Bremerton, Washington 98312 Re: Scope of Work for City of Bremerton West Plant Outfall National Pollutant Discharge Elimination System Permit Compliance Dear Pat, This scope of work summarizes Anchor QEA’s proposed technical services to support the City of Bremerton (City) in maintaining compliance with the Washington State Department of Ecology (Ecology) National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit (Permit; No. WA0029289) requirements for the West Plant Outfall. The NPDES Permit was issued June 21, 2013, modified October 1, 2015, and expired July 31, 2018. In accordance with public comment draft NPDES Permit Condition S8, the City must submit a Sampling and Analysis Plan (SAP) and subsequent data report for sediment and biological toxicity monitoring near the West Plant Outfall located in the Sinclair Inlet, by March 31, 2019. The City also must fulfill the requirements of the Ecology Toxics Cleanup Program/Aquatic Lands Cleanup Unit (TCP/ALCU). Scope of Work This scope of work documents our proposed services and associated cost estimates discussed with you and Larry Willman on October 15, 2018, regarding NPDES Permit compliance support for the West Plant Outfall. We understand that the City performed surface sediment baseline monitoring in August 2015 and the monitoring results were submitted to Ecology in the City of Bremerton Sediment Study Monitoring Report prepared by Cosmopolitan Marine Engineering and dated May 2018. Ecology’s TCP/ALCU reviewed the report and commented in a letter dated July 24, 2018, that the City should submit a SAP to collect additional data near the West Plant Outfall to further define the nature and extent of contamination reported in the 2015 sampling results. The letter also commented that the City should identify effluent discharge rates that may produce continued and additive impacts to waters of the state. The requirement to submit a SAP is consistent with Condition S.8 of the current draft public comment NPDES Permit. We have reviewed the City of Bremerton Sediment Study Monitoring Report results and the Ecology TCP/ALCU comment letter requirements and recommend a tiered compliance approach to minimize project costs and compliance risks. This tiered approach will account for the well-documented November 1, 2018 Page 2 regional sources of contamination in Sinclair Inlet and enable application of NPDES Permit compliance tools (e.g., sediment impact zone[SIZ]) by the Ecology Water Quality Program (WQP). The first tier of our proposed compliance approach includes additional coordination with both the Ecology WQP and TCP/ALCU to establish a SIZ for the West Plant Outfall in the NPDES Permit. The process for Ecology permitting, authorization, renewal, maintenance, and closure requirements for an SIZ is described in Chapter 9 of the Water Quality Program Permit Writers Manual prepared by Ecology and dated July 2018 (Publication No. 92-109). The SIZ allows for limited elevated chemical concentrations and biological effects to exist within the Ecology-defined SIZ dimensions surrounding an outfall as long as the permittee outfall is operating under All Known, Available, and Reasonable Methods of Treatment (AKART). Based on our experiences at other NPDES Permit compliance projects in the Puget Sound for similar types of outfall discharges, we believe Ecology may consider incorporating an SIZ into the City’s NPDES Permit. The first tier will also include the performance of additional focused surface sediment sampling for chemical analysis in the top 2-centimeters to assess the recent sediment deposition. Ecology may require additional information be obtained to inform the delineation of the SIZ or to inform other compliance aspects of the NPDES Permit. For the purposes of this scope of work, the second tier for the compliance approach would be performed only if required based on consultation with Ecology and in consideration of the first-tier results. The scope of work for the second tier is not described herein but could include the performance of additional surface sediment and biological testing, modeling and sampling to assess the nature and extent of chemicals discharging from the West Plant Outfall, and an evaluation of chemical sources to sediments in the vicinity of the West Plant Outfall from off-site sources (e.g., the Washington State Department of Transportation outfall and Puget Sound Naval Base Operable Unit Superfund Site [PSNB]). We will submit a scope of work addendum if second-tier services become required. The remainder of this scope of work summarizes the proposed services and associated costs for the following first-tier tasks: project integration and management, Ecology coordination, preparation of a SAP Addendum, field sampling and analysis, and associated reporting. Task 1 – Project Integration and Management This task identifies project integration activities that will allow Anchor QEA to cost-effectively obtain and review existing information that will support NPDES compliance and associated strategy development. Based on our initial review of limited project documents, we would like to obtain and review the following project documentation from your team, if available:  Available documentation identifying potential off-site sources of sediment contamination (e.g. outfalls, PSNB)  West Plant Outfall discharge coordinates November 1, 2018 Page 3  Information on Washington State Department of Transportation and other outfalls  Baseline sediment monitoring data in electronic format  Summaries of influent, effluent, biosolid, and whole effluent toxicity testing results (preferably in Excel format or similar database format so the data can be queried)  Substantive communications with Ecology on the current public comment draft NPDES Permit, baseline monitoring, and path forward NPDES compliance for the West Plant Outfall This task also includes time associated with querying Ecology’s Environmental Information Management (EIM) system database for chemicals of concerns in sediments identified at elevated concentrations during the baseline monitoring (i.e., mercury, butylbenzylphthlate [BBP], bis(2)ethylhexylphthlate [BEHP], and polychlorinated biphenyls [PCBs]) and development of figures showing historical and current regional Sinclair Inlet chemical concentrations, consistent with the figure we presented during our October 15 meeting. This task also includes limited coordination with Cosmopolitan Marine Engineering to obtain and review relevant documents. Lastly, this task includes limited written and teleconference coordination with you and your team to develop and efficiently implement compliance strategies, ensure deliverable expectations are met, and maintain project schedules. We will also develop and submit monthly invoices that summarize the work completed each month and associated costs. For the purposes of this cost estimate, we have made assumptions about the level of effort required to complete the necessary review of the information provided by your team and Cosmopolitan Marine Engineering. The total budgeted cost for Task 2 is identified in Table 1. If the level of effort assumed in Table 1 is insufficient, we will contact you to discuss prioritization of the work and determine whether additional authorizations are required. Task 2 – Ecology Coordination This task includes coordination with Ecology WQP and TCP/ALCU representatives to discuss incorporation of an SIZ into the draft public comment NPDES Permit. Chapter 9 of the Water Quality Program Permit Writers Manual identifies the specific necessary steps that Ecology and the permittee must take to apply for an SIZ. These steps will require information exchange between Ecology and the City followed by an evaluation and determination made by Ecology. Based on our experience with Ecology in similar matters, in-person meetings are an effective means to foster collaboration towards shared goals, in this case obtaining an SIZ. For the purposes of this cost estimate, we have made assumptions about the level of effort required to discuss and finalize a tiered path forward compliance strategy with your team, develop a presentation to Ecology proposing incorporation of an SIZ into the draft public comment NPDES Permit, and attend a single meeting with Ecology. This cost estimate does not include budget for us to prepare comments on the draft public comment NPDES Permit or develop an amendment to the November 1, 2018 Page 4 Permit. We can submit an additional scope of work addendum upon your request following additional coordination with your team or Ecology. The total budgeted cost for Task 2 is identified in Table 1. If the level of effort assumed in Table 1 is insufficient, we will contact you to discuss prioritization of the work and determine whether additional authorizations are required. Task 3 – Sampling and Analysis Plan Addendum This task includes development of a SAP Addendum for surface sediment at the same locations occupied during the baseline monitoring. We propose to use the Ecology-approved surface sediment sampling methodologies identified in the City of Bremerton Sediment Sampling and Analysis Plan, which is Appendix A to the City of Bremerton Post Construction Monitoring Plan prepared by Cosmopolitan Marine Engineering and dated October 2014. Therefore, the budget for this task assumes the SAP Addendum will be a memorandum that summarizes the results of the baseline monitoring surface sediment sampling and associated Ecology requirements to perform additional testing, the proposed scope of sampling and analysis, and the proposed deviations from the City of Bremerton Sediment Sampling and Analysis Plan. The SAP Addendum will include a project-specific health and safety plan for Anchor QEA field personnel. It is assumed that we will develop a draft and final version of the SAP Addendum and the City and Ecology will have minimal review comments due to the Task 1 and Task 2 coordination efforts. The SAP Addendum will be transmitted electronically (PDF) to Ecology, along with two printed copies, if requested. The total budgeted cost for Task 3 is identified in Table 1. Task 4 – Field Sampling and Analysis The scope of the field sampling and analysis is difficult to determine at this early stage until we complete the Task 2 coordination with Ecology. For the purposes of this cost estimate, we have assumed the sampling and analysis consistent with our proposed first tier of sampling following approval of an SIZ. We will collect surface sediment samples from the same sampling stations occupied during the baseline surface sediment sampling (i.e., WP-1 through WP-5) near the West Plant Outfall. Sediment collection will be limited to the 0- to 2-centimeter (cm) depth interval and chemical analysis will only be performed for chemicals that exceeded the SQS criteria during the baseline monitoring (i.e., total solids, total organic carbon, grain size, mercury, BEHP, and BBP). This depth differs from the 0- to 10-cm depth interval sampled during the baseline monitoring because Chapter 9 of the Water Quality Program Permit Writers Manual states that outfalls with an SIZ should only sample “the uppermost horizon (i.e.,0-2 cm), reflecting the most recently deposited sediments, should be collected.” Given the large range in surface sediment concentrations identified during the baseline monitoring in a relatively small area, we recommend collecting and analyzing two slightly offset samples from November 1, 2018 Page 5 WP-1 through WP-5 (10 samples total). Please note that if the shallower 0- to 2-cm sediment chemical concentrations located outside of the Ecology-identified SIZ dimensions exceed the SIZMax criteria, we would then recommend performing the second tier of testing that would include benthic toxicity testing both near the West Plant Outfall and at background locations within Sinclair Inlet. This testing would be performed at a later date and require an additional equipment mobilization. Samples will be collected using a grab sampler (e.g., Van Veen or power grab sampler) deployed from a vessel. Sediment samples will be forwarded to the appropriate laboratories for analysis. Adequate sediment volume will be collected for testing of the target analyte list. Additional volume will also be collected for archival purposes if needed for additional sediment chemical analysis following receipt of the initial results. This task includes time to coordinate with the analytical laboratory, data management, and data validation. Key assumptions for the field sampling and analysis are as follows:  Anchor QEA will use a subcontractor to provide the sampling vessel and grab sampler.  Anchor QEA will provide field staff to collect sediment samples and prepare samples for dispatch to the laboratory. It is assumed that the field program for the sampling will require 1 day for sample collection, sample processing, and delivery of samples to the analytical laboratory.  Anchor QEA will not schedule the weather during potentially adverse weather conditions so costs associated with weather-related sampling delays are not included in this scope of work.  The City of Bremerton has identified that permits will not be required for sampling so the costs to obtain permits are not included in this scope of work.  The cost for conducting bioassay testing or the collection of bioassay reference sediment is not included in this scope. An amendment to this scope will be prepared if it is determined that bioassay testing is needed. The total budgeted cost for Task 4 is identified in Table 1. Task 5 – Sediment Monitoring Study Report Addendum Anchor QEA will prepare a brief draft and final Sediment Monitoring Study Report Addendum. The addendum will summarize the field sampling activities, discuss the quality assurance/quality control aspects of the data, and present and discuss the results of all sample analyses. Specific information included in the report will be the data validation report; summary data tables; tables and maps of sampling locations and coordinates; description of methods for sample collection, processing, handling, and transport; copies of chain-of-custody forms; and a description of any deviations from the SAP. Two printed copies of the final addendum will be submitted to Ecology, as well as an electronic (PDF) copy. The sediment chemical data will also be submitted to Ecology's EIM database. The total budgeted cost for Task 5 is identified in Table 1. November 1, 2018 Page 6 Estimated Cost Table 1 presents the estimated cost for each task. Table 1 Estimated Costs Task Description Cost ($) Task 1 Project Integration and Management 14,000 Task 2 Ecology Coordination 12,000 Task 3 Sampling and Analysis Plan Addendum 9,000 Task 4 Field Sampling and Analysis 37,000 Task 5 Sediment Monitoring Study Report Addendum 17,000 Total $89,000 Services will be performed on a time-and-materials basis not to exceed the identified budget without prior written authorization. If you need any additional information, please feel free to contact me at (206) 903-3346 or rbarth@anchorqea.com. I look forward to working with you on this project. Sincerely, Ryan Barth, PE Principal Engineer Anchor QEA, LLC cc: Amanda Shellenberger, PE, and Nathan Soccorsy, Anchor QEA, LLC Larry Willman, City of Bremerton Page 1 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 PROFESSIONAL SERVICES AGREEMENT Westside WWTP Outfall Sediment Sampling & Study Plan The City of Bremerton (“City”) and Anchor QEA, LLC (“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 November 1, 2018, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H 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 no later than December 31, 2020; 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 $89,000. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit A 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. 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. 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. 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 Page 2 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 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: A. 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, unless Consultant is conducting work pursuant to Subsection B below. 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. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to 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 HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Page 3 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 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-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability 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 operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Page 4 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The 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. 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 Seattle, 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 o f 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. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 5 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 D. 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. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, 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. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Pat J Coxon Attn: Ryan Barth, PE City of Bremerton Anchor QEA, LLC 1600 Oyster Bay Ave. S 720 Olive Way, Suite 1900 Bremerton, WA 98312 Seattle. WA 98101 J. 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. K. Non-Waiver of Breach: The failure of the 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. Page 6 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. 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. O. 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, disability, or sexual orientation 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 other Party substantially fails to perform through no fault of the terminating Party, and the non- 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 Page 7 of 7 Bremerton/Anchor QEA, LLC Westside WWTP Outfall Sediment Sampling & Study Plan Rev. 07/2018 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. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Anchor QEA, LLC By: By: Print Name: Greg Wheeler Print Name: Ryan Barth, PE Its: Mayor, City of Bremerton Its: Principal Engineer Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Woods, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 07 2018.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approve Payment of September 2016 Riddell Road Paving Charges from Transportation Benefit District Funds held in the Residential Street Fund Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Public Works Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: Approved in June 2016, Interlocal Agreement 3516 with Kitsap County provides the basis for paving services performed within the City limits. In 2016, the County paved Riddell Road, which was a project included in the 2016 Bremerton Transportation Benefit District expense budget. In March 2016, the City assumed the rights, powers, functions and obligations of the Bremerton Transportation Benefit District, eliminating the necessity of maintaining a separate entity. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): Total project costs of $50,892.71 were invoiced to the City in 2018. Funding sources for this obligation were transferred to the Residential Street Fund after the assumption of the District by the City. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the payment of $50,892.71 for 2016 Riddell Road Paving Charges from the Transportation Benefit District Funds currently held in the Residential Streets Fund; and also authorize an expenditure budget adjustment for the same amount. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Supplemental Agreement No. 2 with Parametrix, Inc., for Right-of-Way Services for the Kitsap Lake Elementary Safe Routes to School Project Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: PW & U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: In March 2018 a Professional Services Agreement was approved with Parametrix for the design of the Kitsap Lake Elementary Safe Routes to School Project. The preliminary design has been completed, and the City is ready to begin the next step of the project which is securing necessary right-of-way. Supplement No. 2 with Parametrix allows this work to begin with Universal Field Services, Inc.; their cost is $107,965. This work was anticipated in the original contract; however, definition of the work scope and fee were deferred until after completion of the preliminary design when the ROW needs are more clearly defined. ATTACHMENTS: Supplemental Agreement No. 2 for Kitsap Lake Elementary Safe Routes to Schools Project Updated FISCAL IMPACTS (Include Budgeted Amount): This work is included in the project budget. $10,000 is grant eligible, with remaining costs paid by REET. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 2 with Parametrix, Inc., for Right-of-Way Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5361 amending Ordinances 4875, 5226, 5287 and 5337 to extend the Puget Sound Energy Franchise Agreement Study Session Date: November 28, 2018 COUNCIL MEETING Date: N/A Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The current franchise agreement with Puget Sound Energy is set to expire November 30, 2018. This ordinance would extend the term of the current franchise agreement an additional one year, to November 30, 2019. ATTACHMENTS: Ordinance No. 5361 with Exhibits FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Action on Motion anticipated RECOMMENDED MOTION: Move to pass Ordinance No. 5361 amending Ordinance No. 4875, Ordinance No. 5226, Ordinance No. 5287, and Ordinance No. 5337 to extend the term of the franchise granted to Puget Sound Energy to November 30, 2019. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 R:\Legal\Legal\Ordinances\Public Works & Utilities\PSE Franchise Extension - Agenda Bill.docx A8 Action anticipated… A7 1 Puget Sound Energy Franchise Extension 2018 ORDINANCE NO. 5361 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 4875, Ordinance No. 5226, Ordinance No. 5287 and Ordinance No. 5337 by extending the term of the franchise granted to Puget Sound Energy, Inc., a Washington corporation, for purposes of transmission, distribution and sale of electricity. WHEREAS, on November 19, 2003, the City Council passed Ordinance No. 4875 granting Puget Sound Energy (“PSE”) a franchise for purposes of transmission, distribution and sale of electricity for power, heat, light and any other purpose for which electricity can be used, said ordinance attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, on November 6, 2013, the City Council passed Ordinance No. 5226 extending the term of the franchise two (2) years to November 30, 2015, and to make corrections to certain references in the franchise, said ordinance attached hereto as Exhibit B and incorporated herein b y reference; and WHEREAS, on November 18, 2015, the City Council passed Ordinance No. 5287 extending the term of the franchise two (2) years to November 30, 2017, said ordinance attached hereto as Exhibit C and incorporated herein by reference; and WHEREAS, on November 15, 2017, the City Council passed Ordinance No. 5337 extending the term of the franchise one (1) year to November 30, 2018, said ordinance attached hereto as Exhibit D and incorporated herein by reference; and WHEREAS, the City Council and PSE desire to extend the term of the franchise for an additional one (1) year to November 30, 2019; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendments to Franchise Ordinance. Ordinance No. 4875 granting PSE a franchise for purposes of transmission, distribution and sale of electricity, Ordinance No. 5226, Ordinance No. 5287, and Ordinance No. 5337 are hereby amended as follows: 1. Franchise Term Extended. The term of the franchise as set forth in Section 9.1 of Ordinance No. 4875 and Section 1 of Ordinance Nos. 5226, 5287, and 5337 is extended one (1) year from November 30, 2018 to November 30, 2019. With the exception of the amendments set forth in this ordinance, all terms and conditions of Ordinance No. 4875, Ordinance No. 5226, Ordinance No. 5287, and Ordinance No. 5337 are reaffirmed and shall remain in full force and effect. 2 Puget Sound Energy Franchise Extension 2018 SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. 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 28th day of November, 2018. ERIC YOUNGER, Council President Approved this ___________ day of ___________________________, 2018. GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: _________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2018. EFFECTIVE the ________ day of ______________________, 2018. ORDINANCE NO. ____________ PSE Acceptance on following page CITY OF BREMERTON KITSAP COUNTY, STATE OF WASHINGTON In the matter of the application : 3 Puget Sound Energy Franchise Extension 2018 of Puget Sound Energy, Inc., a : Franchise Ordinance No. 5361 Washington corporation, for a : franchise to construct, operate : (Extension of Ordinance No. 5337 Term) and maintain facilities in, upon, : over under, along, across and : through the franchise area of the : ACCEPTANCE City of Bremerton, Washington : WHEREAS, the City Council of the City of Bremerton, Washington, passed Ordinance No. _________ on _____________________, 2018, to extend the term of the existing electric transmission and distribution franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, established by Ordinance No. 4875; and WHEREAS, a copy of said Ordinance No. ______extending the term of said franchise was received by the Puget Sound Energy, Inc. from the City of Bremerton on ________________________, 2018. NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this ________ day of ______________________, 2018. PUGET SOUND ENERGY, INC. ATTEST: By: ________________________________ By: ________________________________ Its: _________________________________ Its: ________________________________ Copy received for City of Bremerton on , 2018 By: Angela Woods, City Clerk R:\Legal\Legal\Ordinances\Public Works & Utilities\PSE Franchise Extension Ordinance.docx Discussed under Item A8 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ____ authorizing the Transfer of Assets between General Government, City Utilities, and Equipment Rental Reserve Funds Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Finance Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: The City completed the Lower Wheaton Way and Washington Avenue projects, both of which included Utility improvements. The projects were constructed in General Government Capital Project Funds. Upon completion of the projects, the Utility assets must be contributed to the applicable funds. Additionally, the Water Fund purchased two vehicles in 2016 that must be contributed to the Equipment Rental Reserve Fund to ensure reserves are accumulated for the replacement of these vehicles at the end of their useful lives. ATTACHMENTS: A) Resolution No. ____ B) Finance Staff Memo FISCAL IMPACTS (Include Budgeted Amount): Amounts are detailed in the attached Finance Staff Memo. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. ____ authorizing the Transfer of Assets between the General Government, City Utilities, and Equipment Rental Reserve Funds. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B1 1 Transfer of Assets between City Funds RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the transfer of assets between the General Government, City Utilities, and Equipment Rental Reserve Funds. WHEREAS, certain City of Bremerton assets are properly held in the general government fund, others are properly held in utility funds, and specific assets are properly held in the equipment rental reserve fund; and WHEREAS, some assets are currently being held in the wrong funds as a result of general government projects that required improvement or addition of utility assets, or certain vehicle purchases made outside the Equipment Rental Reserve Fund; and WHEREAS, a transfer of assets is needed between the general government fund, the separate utility funds, and the equipment rental reserve fund of the City of Bremerton, to ensure that the assets and their values are properly located and accounted for; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby authorizes and directs the Finance Director to transfer assets between the general government fund, the utility funds, and the equipment rental reserve fund according to Exhibit A, entitled “Transfer of Assets between General Government, City Utilities, and Equipment Rental Reserve Funds Finance Staff Report,” which is attached hereto and incorporated herein by this reference. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2018. _________________________________ ERIC YOUNGER, Council President 2 Transfer of Assets between City Funds APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk EXHIBIT A TRANSFER OF ASSETS BETWEEN GENERAL GOVERNMENT, CITY UTILITIES, AND EQUIPMENT RENTAL RESERVE FUNDS FINANCE STAFF REPORT The City completed the Lower Wheaton Way and Washington Avenue projects, both of which included Utility improvements. The projects were constructed in General Government Capital Project Funds. Upon completion of the projects, the Utility assets must be contributed to the applicable funds. The Lower Wheaton Way project resulted in the construction of $1,224,891 of Utility assets, summarized as follows:  $91,676 Water Fund assets, including meter boxes  $382,628 Wastewater Fund assets, including pipe and manholes  $750,587 Stormwater Fund assets, including pipe, catch basins and manholes. The Washington Avenue Connector project constructed $2,066,710 new Utility assets, summarized below:  $502,589 Water Fund assets, including pipe, connections and hydrants  $1,102,214 Wastewater Fund assets, including land, pipe, manholes, grinder pumps and electrical upgrades  $461,907 Stormwater Fund assets, including pipe, catch basins and a diffuser tee. Additionally, the Water Fund purchased two vehicles in 2016, totaling $63,581. These assets must be contributed to the Equipment Rental Reserve Fund to ensure reserves are accumulated for the replacement of these vehicles at the end of their useful lives. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5362 amending Ordinance No. 5341 establishing the City of Bremerton’s Fiscal Year 2017 budget as amended by Ordinance No. 5348. Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Finance Presenter: Caroline Tompson Phone: (360) 473-5209 SUMMARY: This is a year-end housekeeping action. The Bremerton City Council adopted the 2018 Annual City Budget by Ordinance 5341 on November 20, 2017 and later amended the budget by Ordinance 5348 on June 20, 2018. In preparation for wrapping up 2018, it is necessary to do a final amendment to the budget to incorporate Council actions and other unforeseen items that have arisen subsequent to the last amendment. This amendment is necessary to provide adequate expenditure authority for various City funds and departments. ATTACHMENTS: • Ordinance No. 5362 amending the 2018 Fiscal Year Budget Updated • Exhibit A – 2018 All Funds Revenue & Expenditures • Year-End Budget Memo FISCAL IMPACTS (Include Budgeted Amount): Overall 2018 budget will be $175,048,273 (inclusive of fund balances). STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5362 of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5341 establishing the City of Bremerton’s Fiscal Year 2018 budget as amended by Ordinance No. 5348. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B2 1 2018 Final Budget Amendment ORDINANCE NO. 5362____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5341 establishing the City of Bremerton’s Fiscal Year 2018 budget as amended by Ordinance No. 5348. WHEREAS, the City Council passed the Fiscal Year 2018 City Budget Ordinance No. 5341 on November 20, 2017; and WHEREAS, the City Council subsequently amended the Fiscal Year 2018 City Budget by Ordinance No. 5348 on June 20, 2018 to provide for certain programs and actions taken up to that point requiring amendment to the 2018 budget; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to June 20, 2018 which require a formal amendment by ordinance; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2018 or timing changes from that which was anticipated in the 2018 budget; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals in accordance with BMC 3.0.010; and WHEREAS, each of these actions has an impact on the City of Bremerton’s FY 2018 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 No. 5341 establishing the City of Bremerton’s 2018 Budget as amended by Ordinance No. 5348 is hereby amended as follows: Fund balances as set forth in Exhibit A, attached hereto and incorporated herein by this reference, including regular revenues and unencumbered fund balances of $175,048,273, expenditures and ending fund balances of $175,048,273, and funding of category groups pursuant to BMC 3.02.010. SECTION 2. The totals for the funds noted in Exhibit A are hereby appropriated for the fiscal year 2018. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not 2 2018 Final Budget Amendment 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 ____________________, 2018 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2018 ________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2018 EFFECTIVE the_________day of ______________________, 2018 ORDINANCE NO. ______ BEG LIC. INTER- CHARGES FINES 2018 FUND AND GOV'T FOR AND OTHER TOTAL FUND BAL. TAXES PERMITS REVENUE SERVICEFORFEITS REVENUE BUDGET General Fund General Government: City Council 00 0144,432 00144,432 Executive 00 0139,629 00139,629 Financial Services 00 0705,129 00705,129 Legal 00 0524,384 00524,384 Human Resources 00 0244,451 00244,451 Community Development 3,470,250 1,041,500 200,000 485,270 40,000 0 5,237,020 Municipal Court 0016,000 279,400 299,950 45,400 640,750 City Auditor 00 033,210 0033,210 Law Enforcement 0 8,700 253,400 196,200 3,500 5,000 466,800 Fire/Emergency Medical 1,262,000 1,300 194,303 730,150 3,000 5,200 2,195,953 Police & Fire Pension 0054,365 00 054,365 General Facilities 00 0187,248 0 366,000 553,248 Parks 0015,000 253,100 0 68,400 336,500 Engineering 0 39,000 0 1,568,269 001,607,269 Non-Departmental 26,757,174 147,069 722,603 73,599 900,000 65,740 28,666,185 Beginning Fund Balance 9,754,376 9,754,376 Total General Fund 9,754,376 31,489,424 1,237,569 1,455,671 5,564,471 1,246,450 555,740 51,303,701 Special Revenue Funds: Street 1,485,275 775,000 0 834,558 95,000 0 885,000 4,074,833 Contingency Reserve 1,024,536 00000272,974 1,297,510 Lodging Tax 574,529 605,000 00002,500 1,182,029 Parking System 530,073 0000225,000 1,266,000 2,021,073 Comm. Dev. Block Grant 203,284 00465,000 51,000 0 75,000 794,284 Abatement Revolving Fund 299,310 000025,000 2,000 326,310 Police Special Projects 424,236 000015,000 28,000 467,236 Public Access Television 596,859 0 293,200 0 120,655 0 60,500 1,071,214 Gift & Donations Fund 67,267 000005,800 73,067 Trial Improvement 72,475 0020,000 00300 92,775 One Percent for Arts 38,711 00 09,500 0 3,300 51,511 Conference Center Oper 12,242 00 01,313,458 0 461,000 1,786,700 Total Spec. Rev. Funds 5,328,797 1,380,000 293,200 1,319,558 1,589,613 265,000 3,062,374 13,238,542 Debt Service Fund: 2010 LTGO 194,769 364,800 0 103,756 0071,500 734,825 2010 UTGO/LTGO (B) 94,938 859,288 0 29,847 00174,000 1,158,073 Government Center LTGO 84,107 00000326,000 410,107 2015 Public Safety Bond 52,110 501,000 0000600 553,710 Total Debt Service Fund 425,924 1,725,088 0 133,603 0 0 572,100 2,856,715 Capital Improvement Funds: General Govt Capital Improv. 2,091,512 1,550,000 000010,000 3,651,512 Park Facilities Construction 98,923 00780,000 00790,742 1,669,665 Residential Street & Sidewalk Fund 482,497 550,000 0000785,727 1,818,224 Transportation Projects Fund 511,201 617,120 0 2,271,344 001,294,100 4,693,765 Fire Public Safety Capital 2,338,013 000005,000 2,343,013 Lebo Blvd Construction 135,389 00278,187 00 0413,576 Washington Ave Connector 91,402 0000095,000 186,402 Total Capital Improv. Funds 5,748,937 2,717,120 0 3,329,531 0 0 2,980,569 14,776,157 Total General Gov't Funds 21,258,034 37,311,632 1,530,769 6,238,363 7,154,084 1,511,450 7,170,783 82,175,115 2018 REVENUE SOURCES - ALL FUNDS Amended by Ordinance No. 5362 Exhibit A BEG LIC. INTER- CHARGES FINES 2018 FUND AND GOV'T FOR AND OTHER TOTAL FUND BAL. TAXES PERMITS REVENUE SERVICEFORFEITS REVENUE BUDGET 2018 REVENUE SOURCES - ALL FUNDS Amended by Ordinance No. 5362 Exhibit A Enterprise Funds: Water Utility 4,074,273 00 013,301,700 18,000 519,543 17,913,516 Water Capital 3,971,433 00 030,000 0 3,478,511 7,479,944 Wastewater Utility 4,131,571 105,000 0015,440,300 20,000 129,732 19,826,603 Wastewater Capital 10,502,572 000004,981,540 15,484,112 Stormwater Utility 1,396,325 0050,000 3,813,500 10,000 8,500 5,278,325 Stormwater Capital 2,134,559 0013,657 002,696,924 4,845,140 Utility Debt Reserve 1,713,722 0000014,500 1,728,222 Gold Mountain Golf Complex 205,628 00 04,338,926 0 15,000 4,559,554 Total Enterprise Funds 28,130,083 105,000 0 63,657 36,924,426 48,000 11,844,250 77,115,416 Internal Service Funds: Risk Management 2,624,440 000001,998,197 4,622,637 Self Ins Health & Welfare Reserve (844)000000(844) Employment Security 555,135 0000018,000 573,135 Accumulated Leave Liability 2,067 00000628,000 630,067 ER&R Operations & Maint. 187,221 00 01,756,765 0 3,000 1,946,986 ER&R Equipment Reserve 4,021,334 000002,181,777 6,203,111 Information Services 288,880 00 01,492,270 0 1,500 1,782,650 Total Internal Service Funds 7,678,233 0 0 0 3,249,035 0 4,830,474 15,757,742 Total Business Type Funds 35,808,316 105,000 0 63,657 40,173,461 48,000 16,674,724 92,873,158 Total All Funds 57,066,350 37,416,632 1,530,769 6,302,020 47,327,545 1,559,450 23,845,507 175,048,273 1/0/1900 2018 SUPPLIES & DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET General Fund General Government: City Council 311,000 54,867 000 365,867 Executive 283,400 80,455 000 363,855 Financial Services 1,236,500 320,954 000 1,557,454 Legal Department 1,149,230 133,345 000 1,282,575 Human Resources 373,800 253,522 000 627,322 Community Development 1,634,000 622,699 0075,000 2,331,699 Municipal Court 922,996 512,025 000 1,435,021 City Auditor 77,300 6,457 000 83,757 Law Enforcement 9,377,403 2,027,739 0 24,879 0 11,430,021 Fire/Emergency Medical 9,143,495 1,141,133 0 111,500 0 10,396,128 Police & Fire Pension 1,337,500 359,000 000 1,696,500 General Facilities 529,900 1,253,242 0 363,135 0 2,146,277 General Parks 2,001,081 863,890 0085,000 2,949,971 Engineering 2,122,400 330,067 000 2,452,467 Non-Departmental 0 3,263,757 001,445,974 4,709,731 Ending Fund Balance 7,475,056 7,475,056 Total General Fund 30,500,005 11,223,152 0 499,514 1,605,974 7,475,056 51,303,701 Special Revenue Funds: Street 1,336,500 1,686,239 00783,727 268,367 4,074,833 Contingency Reserve 0 12,500 0001,285,010 1,297,510 Lodging Tax 0 465,000 00345,000 372,029 1,182,029 Parking System 0 856,456 513,308 25,000 171,500 454,809 2,021,073 Comm. Dev. Block Grant 140,300 461,095 00100,000 92,889 794,284 Abatement Revolving Fund 0 84,000 000242,310 326,310 Police Special Projects 0 158,500 0 60,000 0 248,736 467,236 Public Access Television 350,100 116,497 0 70,000 0 534,617 1,071,214 Gift & Donations Fund 0 7,000 00066,067 73,067 Trial Improvement 0 29,990 00062,785 92,775 One Percent for Arts 0 21,000 00030,511 51,511 Conference Center Oper 0 1,672,991 95,000 0018,709 1,786,700 Total Spec. Rev. Funds 1,826,900 5,571,268 608,308 155,000 1,400,227 3,676,839 13,238,542 Debt Service Fund: 2010 LTGO 00538,717 00196,108 734,825 2010 UTGO/LTGO (B)001,061,092 0096,981 1,158,073 Government Center LTGO 00334,363 0075,744 410,107 2015 Public Safety Bond 00500,500 0053,210 553,710 Total Debt Service Fund 0 0 2,434,672 0 0 422,043 2,856,715 Capital Improvement Funds: General Govt Capital Improv.00002,171,142 1,480,370 3,651,512 Park Facilities Construction 0 9,499 0 1,563,666 0 96,500 1,669,665 Residential Street & Sidewalk Fund 183,000 585,089 0 625,000 0 425,135 1,818,224 Transportation Projects Fund 20,000 730,000 0 3,088,015 0 855,750 4,693,765 Fire Public Safety Capital 0 100,000 0 2,243,013 0 0 2,343,013 Lebo Blvd Construction Project 000330,900 0 82,676 413,576 Washington Ave Connector 0000186,000 402 186,402 Total Capital Improv. Funds 203,000 1,424,588 0 7,850,594 2,357,142 2,940,833 14,776,157 Total General Gov't Funds 32,529,905 18,219,008 3,042,980 8,505,108 5,363,343 14,514,771 82,175,115 2018 EXPENDITURES - ALL FUNDS Amended by Ordinance No. 5362 Exhibit A 1/0/1900 2018 SUPPLIES & DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET 2018 EXPENDITURES - ALL FUNDS Amended by Ordinance No. 5362 Exhibit A Enterprise Funds: Water Utility 4,416,200 8,025,234 1,210,575 0 2,623,266 1,638,241 17,913,516 Water Capital 45,000 1,000,000 0 4,761,373 0 1,673,571 7,479,944 Wastewater Utility 3,176,200 8,245,042 2,776,018 0 3,834,940 1,794,403 19,826,603 Wastewater Capital 5,000 700,000 0 8,976,000 0 5,803,112 15,484,112 Stormwater Utility 1,377,300 2,053,827 154,106 25,000 1,234,864 433,228 5,278,325 Stormwater Capital 0 300,000 0 1,867,956 27,000 2,650,184 4,845,140 Utility Debt Reserve 000090,732 1,637,490 1,728,222 Gold Mountain Golf Complex 0 3,855,737 475,969 00227,848 4,559,554 Total Enterprise Funds 9,019,700 24,179,840 4,616,668 15,630,329 7,810,802 15,858,077 77,115,416 Internal Service Funds: Risk Management 490,000 1,782,797 0002,349,840 4,622,637 Self Ins Health & Welfare Reserve 00000(844) (844) Employment Security 60,000 000250,000 263,135 573,135 Accumulated Leave Liability 550,000 000080,067 630,067 ER&R Operations & Maint 510,200 1,309,820 000126,966 1,946,986 ER&R Equipment Reserves 0 669 0 2,718,280 0 3,484,162 6,203,111 Information Services 799,250 704,909 000278,491 1,782,650 Total Internal Service Funds 2,409,450 3,798,195 0 2,718,280 250,000 6,581,817 15,757,742 Total Business Type Funds 11,429,150 27,978,035 4,616,668 18,348,609 8,060,802 22,439,894 92,873,158 Total All Funds 43,959,055 46,197,043 7,659,648 26,853,717 13,424,145 36,954,665 175,048,273 Memorandum To: City Council Mayor Greg Wheeler From: Caroline Tompson, Budget Analyst Re: 2018 Year-End Budget Amendment, Ordinance No. 5362 Date: November 28, 2018 The City amended the 2018 budget by Ordinance No. 5348 on June 20, 2018. In preparation for wrapping up 2018, it is necessary to do one last budget amendment to incorporate Council actions that have occurred since the mid-year amendment and address any needed adjustments that have come to our attention. Other adjustments brought forward are to account for subsequent unanticipated or unexpected conditions and/or to reallocate revenue and expenditure line items within budget control categories with zero net increase. Enclosed is the year-end budget amendment ordinance and detailed supporting schedules. Noteworthy items are as follows: General Fund  Personnel in the Police and Parks departments are reduced and reallocated to su pplies and services within those departments to account for equipment interfund charges associated with the purchase of nine Police interceptors and one Parks water truck.  Intergovernmental revenue in the Fire Department is budgeted for a previously approved FEMA Training Grant in the amount of $100,895 and budgeted under expenditures associated with the grant. An additional $92,108 under intergovernmental revenue will provide reimbursement for Fire personnel and supplies associated with the California deployment of City Fire personnel. And due to increases in fuel, maintenance and training gear, $124,000 is reallocated from personnel to supplies. These adjustments provide a zero net increase to the General Fund.  Supplies and services in Pension is reduced and reallocated to personnel for City pension payments, $41,000.  $110,000 is reallocated from supplies and services to personnel within Facilities to account for additional personnel costs associated with the NDGC remodel projects and maintenance of other government facilities.  Personnel budgets in the Municipal Court ($10,696) and Parks Department ($30,281) are increased as previously approved by Council. 2  A transfer-out from the General Fund to the Risk Management Fund is budgeted to offset expenses associated with a previously approved claims settlement, $350,000. Other Funds  The Contingency Reserve Fund accounts for $152,000 in revenue and $12,500 in real estate commission expenditures due to the sale of City property.  In addition to a $250,000 Commerce Grant, a $100,000 transfer-out from the CDBG Fund into the Transportation Capital Projects Fund is budgeted for Quincy Square.  The General Government Capital Improvement Fund (REET) includes a $68,000 transfer -out to close out the WA Avenue Connector Fund.  Supplies and services in the Residential Street Fund is increased by $50,893 to account f or the Riddel Road paving project.  Due to a lower debt service reserve requirement, a $90,732 transfer out from the Utility Debt Reserve Fund into the Wastewater Operations Fund is budgeted.  Budgets within the Water, Wastewater and Stormwater Capital Funds are reallocated from capital to supplies and services to account for large major maintenance projects that are substantial in nature but do not qualify as capital.  Due to an increase in vacation and retirement payouts, a $250,000 transfer-out from the Employment Security Fund into the Accumulated Leave Fund is budgeted. Both funds were created in 2011 to set-a-side funds for the purpose of paying employee benefits.  Attributable to increases in fuel costs, supplies and services within the ERR Fund 509 are increased by $100,000. Fuel expenses are reimbursed by City departments through charges for services based on actual fuel consumption and current prices. Budget adjustments are necessary to properly reflect the nature and extent of revenues and expe nditures of the various City funds and departments. The attached ordinance and supporting schedules (by fund) include adjustments by budget control category for both revenues and expenditures with a City-wide appropriation, including fund balance, of $175,048,273. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Assistance to Firefighters Grant Application for Purchase of a LUCAS Device and ten (1) Automated External Defibrillators Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Fire Presenter: Pat McGanney, Interim Fire Chief Phone: (360) 473-5382 SUMMARY: The Bremerton Fire Department is applying for the Assistance to Firefighters Grant (AFG) for Medical Equipment. This grant will allow the City to purchase one LUCAS Device and ten AED devices. The grant is from FEMA. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): LUCAS device is $17,725.05 and the 10 AEDs are $23,259.14, for a total of $40,984.19 including tax, with a 10% matching requirement from the City, of $4,098.42. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize Chief McGanney or staff to make application to FEMA for an Assistance to Firefighters Grant. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Intergovernmental Agreement for Emergency Management Assistance Compact (EMAC) and Pacific Northwest Emergency Management Arrangement (PNEMA) Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: Fire Presenter: Pat McGanney, Interim Fire Chief Phone: (360) 473-5382 SUMMARY: This agreement provides for the use of authorized resources (including employees and equipment) to be deployed to provide EMAC or PNEMA assistance. ATTACHMENTS: Intergovernmental Agreement for Emergency Management Assistance Compact (EMAC) and Pacific Northwest Emergency Management Arrangement (PNEMA) Updated FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B4 Military Department IGA #U19-011 EMAC & PNEMA IGA Page 1 of 4 City Of Bremerton Fire Department, U19-011 INTERGOVERNMENTAL AGREEMENT FOR EMAC AND PNEMA ASSISTANCE BETWEEN Washington Military Department Bldg #20, M.S.TA-20 Camp Murray, Washington 98430-5122 AND City of Bremerton Fire Department 911 Park Ave Bremerton WA 98337 FAX: 253.512.7203 PHONE:360.473.5382 FAX:360.473.5397 Contact Person: Mark Douglas Contact Person: Pat McGanney Email: mark.douglas@mil.wa.gov Email: Patrick.mcganney@ci.bremerton.wa.us Phone: 253.512.7097 Contact Person: Blake Bowen UBI:91-6001231 Email: Blake.Bowen@mil.wa.gov Phone: 253.512.7058 Start Date: Upon Signature End Date: November 30, 2023 1. INTRODUCTION: This Intergovernmental Agreement (Agreement), pursuant to Ch. 38.10 RCW (Emergency Management Assistance Compact (EMAC)), ch. 39.34 RCW (Interlocal Cooperation Act), ch. 38.52 RCW (Emergency Management Act), and the Pacific Northwest Emergency Management Arrangement (PNEMA), is made and entered into by and between the Washington State Military Department through its Emergency Management Division (EMD), and the local jurisdiction within the State of Washington identified above, hereinafter referred to as “Jurisdiction”. EMD, through these authorities, coordinates interstate mutual aid according to the model presented in the National Strategy for Homeland Security. EMAC, Chapter 38.10 RCW, and Public Law 104-321, authorize and direct the deployment of certain necessary mutual aid between the EMAC participants, who are currently all fifty states, Puerto Rico, Guam, the U.S. Virgin Islands, and the District of Columbia. PNEMA and Public Law 105-381 authorize and direct the deployment of certain necessary mutual aid between the PNEMA participants, who are currently the States of Alaska, Idaho, Oregon, and Washington, the Canadian Province of British Columbia, and the Yukon Territory. This Agreement provides for the use of authorized resources (including employees and equipment) of the Jurisdiction in responding to requests for EMAC or PNEMA assistance from a participating party in which EMD has identified authorized resources of the Jurisdiction that are qualified and immediately available to deploy and perform the requested EMAC or PNEMA assistance in a requesting participating party. 2. SCOPE: Pursuant to this Agreement, the authorized resources of the Jurisdiction will be deployed to provide EMAC or PNEMA assistance. When the deployed authorized resources of the Jurisdiction are employees of the Jurisdiction, those Jurisdiction employees will be treated as state employees for purposes of EMAC or PNEMA deployment only and will be entitled to the rights and benefits under EMAC or PNEMA available to state officers and employees, but not for any other purpose. The Jurisdiction will be reimbursed for authorized costs incurred as a result of authorized resource deployment as provided in this Agreement. 3. Authorization and Deployment of Resources a. This Agreement is not an authorization to deploy. EMAC and PNEMA deployment of the Jurisdiction’s resources under this Agreement shall only be authorized as provided in a completed amendment to this Agreement in the form of “Attachment A” that has been mutually executed by the parties. The Jurisdiction shall not deploy any resources under this Agreement except in compliance with such authorization. No reimbursement will be provided for resources deployed inconsistent with such authorization. Military Department IGA #U19-011 EMAC & PNEMA IGA Page 2 of 4 City Of Bremerton Fire Department, U19-011 b. Jurisdiction resources authorized for deployment under this Agreement (the “authorized resources”) are only those listed on mutually executed amendments in the form attached hereto as “Attachment A” that references this Agreement by number and includes the authorized charge code, EMAC or PNEMA mission number and disaster name, identification of the authorized resource (employee/equipment), description of the anticipated EMAC or PNEMA duties, maximum reimbursement, estimated duration of deployment, reporting location, point of contact at the destination, and completed verification of credentials. 4. Financial Management and Reimbursement a. The Military Department will reimburse the Jurisdiction for the expenses of authorized resources deployed under this Agreement up to the maximum amount provided for herein to the extent supported by proper documentation establishing the expenses were actually incurred pursuant to authorized deployment under the Agreement. No reimbursement will be provided for resources deployed inconsistent with the authorization contained in a completed amendment to this Agreement in the form attached hereto as “Attachment A” that has been mutually executed by the parties. b. The authorized resource expenses that may be reimbursed are only those contained in a completed amendment to this Agreement in the form attached hereto as “Attachment A” that has been mutually executed by the parties, and include employee salary, benefits, overtime, air and land travel expenses, lodging, and per diem; and equipment use and operation costs. Unless this Agreement is amended by Attachment A to provide otherwise, lodging and per diem shall only be reimbursed in accordance with the Federal General Services Administration (GSA) rates for the applicable deployment location existing at the time of deployment under this Agreement, which are located at http://www.gsa.gov/portal/category/21287. c. The maximum amount of reimbursement for Fire District and Fire Department authorized resources shall be based on the State Fire Chiefs Rate Schedule in effect at the time of deployment, which is incorporated herein by reference. For all other Jurisdictions, the maximum amount of reimbursement for authorized employee expenses under this Agreement shall be the lesser of (1) the maximum amount identified in the mutually executed Attachment A to this Agreement and amendments thereto, or (2) the amount that the employee would have received in the absence of this Agreement. In no case will reimbursement for authorized resources of any Jurisdiction (including Fire Districts and Fire Departments) exceed the maximum estimated total resource cost identified in the mutually executed Attachment A or a subsequent mutally executed written amendment thereto in the same form. d. The Jurisdiction shall maintain books, records, documents, receipts and other evidence which sufficiently and properly support and reflect all costs and expenditures authorized by this Agreement. These records shall be subject to inspection, review or audit during normal business hours by authorized Department personnel or its designee(s), the Office of the State Auditor, and federal officials so authorized by law. Such books, records, documents, receipts and other material relevant to this Agreement shall be retained for six (6) years after expiration. e. The Jurisdiction will submit a final state invoice voucher identifying this Agreement and the appropriate charge code to the Military Department within 45 days after return by the deployed authorized resource, and must include documentation and receipts supporting all claimed reimbursement. The Jurisdiction agrees to immediately comply with any request by EMD for additional supporting documentation or receipts. 5. Resource Management a. The Jurisdiction agrees that it will only deploy employees as authorized resources under this Agreement who are fully qualified and capable of performing the duties described in the completed and mutually executed Attachment A and under the conditions described therein. The Jurisdiction agrees that if any of its employees deployed as an authorized resource under this Agreement are determined by the EMAC or PNEMA requesting participant, in its sole discretion, to not meet this requirement, those employees may in the sole discretion of the EMAC or PNEMA requesting Military Department IGA #U19-011 EMAC & PNEMA IGA Page 3 of 4 City Of Bremerton Fire Department, U19-011 participant be returned to the Jurisdiction from which they deployed at the sole cost and expense of the Jurisdiction, and the cost and expense of deploying and returning the employee(s) will not be reimbursed under this Agreement. Such qualifications and capabilities shall include, but not be limited to, the following: 1) Has completed training for ICS 100, 700 and 800; 2) Has received training customary or required for the position for which they are being deployed; 3) Currently possesses all certifications and licenses required in the state of Washington to perform the duties for which they are being deployed; 4) Has past experience operating in the position for which they are being deployed; and 5) Has the ability to fully and effectively perform all duties of the position for which they are being deployed. The Jurisdiction agrees to maintain documentation of its authorized employee’s qualifications and capabilities, and sign a completed Verification of Credentialing form as provided in Attachment A as part of any amendment authorizing resource deployment under this Agreement. b. The Jurisdiction agrees that if any of its employees deployed as an authorized resource under this Agreement exhibit behavior, conduct or other condition that, in the sole discretion of the EMAC or PNEMA requesting participant, interferes with the employee’s ability to perform the duties for which they are deployed, that employee may, in the sole discretion of the EMAC or PNEMA requesting participant, be returned to the Jurisdiction from which they deployed at the sole cost and expense of the Jurisdiction, and such cost and expense will not be reimbursed under this Agreement. c. The Jurisdiction agrees that it will only deploy equipment as an authorized resource under this Agreement that is in good working order and condition when deployed. Any such equipment determined by the EMAC or PNEMA requesting participant in its sole discretion not to have been in good working order or condition at the time of deployment may, in the EMAC or PNEMA requesting participant’s sole discretion, be returned to the Jurisdiction from which it was deployed at the sole cost and expense of the Jurisdiction, and the cost and expense of deploying and returning the equipment will not be reimbursed under this Agreement. d. The Jurisdiction agrees that its employees deployed under this Agreement will be required by the Jurisdiction to conduct themselves in a professional and ethical manner throughout the period of deployment, consistent with all laws, regulations and policies applicable to the Jurisdiction and its employees. e. Hold Harmless. To the extent allowed by law, each party shall defend, protect and hold harmless the other party from and against any claims, suits, and/or actions arising from any negligent act or omission of that party’s employees, agents and or authorized representatives while performing under this Agreement. 6. Alterations And Amendments This Agreement and any of its Attachments may only be altered or amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. All other terms and conditions of this Agreement shall remain in full force and effect and binding upon the parties. 7. Termination Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 8. All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Military Department IGA #U19-011 EMAC & PNEMA IGA Page 4 of 4 City Of Bremerton Fire Department, U19-011 IN WITNESS WHEREOF, the parties have executed this Agreement. For the Department: For the Jurisdiction: BY: BY: Regan Anne Hesse Date Greg Wheeler Date Chief Financial Officer Mayor Washington Military Department City of Bremerton BOILERPLATE APPROVED AS TO FORM: Brian Buchholz 7/10/2018 Assistant Attorney General AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance No. 5363 adopting the 2018 Comprehensive Plan & Subarea Plan Amendments; and Ordinance No. 5364 adopting the associated Amendments to the Zoning Code Text and Maps Study Session Date: November 28, 2018 COUNCIL MEETING Date: December 5, 2018 Department: DCD Presenter: Allison Satter Phone: (360) 473-5845 SUMMARY: The action before the Council is to conduct a public hearing for the 2018 Comprehensive Plan Amendment Docket and associated zoning code amendments. To maintain consistency through the Comprehensive Plan and Zoning Code, this docket includes two ordinances as follows: 1. Ordinance No. 5363 is to amend the Comprehensive Plan, including the Downtown and PSIC-B Subarea Plans; and 2. Ordinance No. 5364 is to amend the Zoning Code text and maps to maintain consistency with the Comprehensive Plan. ATTACHMENTS: 1. Summary • Exhibit A: Amendment Progression 2. Proposed Ordinance No. 5363 with the following Exhibits: • Exhibit A: Comprehensive Plan Land Use Element replacement pages (Amendment 1(a), (b) and (c)) • Exhibit B: Downtown Subarea Plan replacement pages (Amendment 2(c) and (d)) • Exhibit C: Puget Sound Industrial Center-Bremerton replacement pages (Amendment 3) • Exhibit D: Comprehensive Plan Land Use Element’s replacement page (Amendment 4) • Exhibit E: Updated Land Use Map #1 within the Comprehensive Plan (Amendment 5) • Exhibit F: Updated Land Use Map #3 and #4 within the Comprehensive Plan (Amendment 7) 3. Proposed Ordinance No. 5364 Updated with the following Exhibits: • Exhibit A: Zoning Code Map #1, #2, #3, and #4 (Amendment 1(a), 5 and 7) FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5363 adopting amendments to the Comprehensive Plan Text and Official Land Use Map, and the Downtown and Puget Sound Industrial Center-Bremerton Subarea Plans. Move to pass Ordinance No. 5364 adopting Zoning Code text and Zoning map amendments to Bremerton Municipal Code Title 20, Zoning Code to be consistent with the Comprehensive Plan amendments. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B5 Attachment 1 – Exhibit A: Amendment Progression This Table illustrates the progression of the 2018 Comprehensive Plan Docket proposed ordinance. Twelve specific items were discussed through the Planning Commission process and were deliberated at the Planning Commission’s Public Hearing on October 15, 2018 (as shown in first column). At that Public Hearing, the Planning Commission provided a recommendation to City Council to approve eight items, approve two items with modifications, and deny two amendments (as shown in the second column). On November 14, 2018, the City Council was presented the Planning Commission’s recommendations. At that Study Session, the City Council proposed alterations to the Planning Commission’s recommendation as shown in the third column. The proposed Ordinances for the 2018 Comprehensive Plan Docket and associated Zoning Code changes are created from the information on the third column; however, all twelve amendments will be discussed at the City Council Public Hearing on December 5, 2018 for public input. Initial Proposal to Planning Commission’s Public Hearing Planning Commission’s Recommendation to Council City Council Directed Amendments for Adoption Ordinances 1 Affordable Housing Initiatives 1(a) Revise Medium Residential Density from 10 to 18 dwelling units per acre and character description Approve as proposed Council concurred with Planning Commission’s recommendation 1(b) Allow more housing types, including duplexes and townhomes within the Low Density Residential Approve as proposed Council accepted a portion of the recommendation modifications to only allow duplexes in Low Density Residential within 500’ from Center or commercial district. 1(c) Remove density requirements in General Commercial Approve as proposed Council concurred with Planning Commission’s recommendation 2 Downtown Subarea Plan Amendments 2(a) Parking increase to 1 parking space per unit and allow reduction incentive for providing affordable units in Downtown Waterfront and Downtown Core zones. Approve with modifications: Allow reduction incentive for providing affordable units. Maintain parking requirement for 0.5 parking space per unit. Council rejected proposal. Code shall remain as it is currently written 2(b) Limit building heights to 75’ unless affordable housing is provided (20 yrs) No change to height, recommended denial of proposal Council concurred with Planning Commission’s recommendation. 2(c) Clarify Design Review Board process Approve as proposed Council concurred with Planning Commission’s recommendation NO CHANGE TO CODE NO CHANGE TO CODE Attachment 1 – Exhibit A: Amendment Progression Planning Commission’s Amendment Number Initial Proposal to Planning Commission’s Public Hearing Planning Commission’s Recommendation to Council City Council Ordinance Development at November 14th Study Session 2 Downtown Subarea Plan Amendments (continued) 2(d) Rename Warren Avenue Corridor and revise to better address previous amendments Approve as proposed Council concurred with Planning Commission’s recommendation 3 Gravel “Paving” 3 Allow Gravel “paving” within the Puget Sound Industrial Center Subarea Plan Approve as proposed Council concurred with Planning Commission’s recommendation 4 Equivalence Table 4 Update Equivalence Table to correct omissions Approve as proposed Council concurred with Planning Commission’s recommendation 5 through 7 Map Changes 5 Change Land Use designation at 3027 Olympus Drive from General Commercial to Medium Density Residential Approve with modifications: Change Land Use district from General Commercial to Low Density Residential Council directed Medium Density Residential for the Land Use change 6 Change Land Use designation at 3530 and 3536 Arsenal Way from Neighborhood Business to General Commercial No change and maintain Neighborhood Business, recommended denial of proposal Council concurred with Planning Commission’s recommendation of denial and this area will remain as Neighborhood Business 7 Change Land Use designation at Kitsap Way from Freeway Corridor to General Commercial Approve as proposed Council concurred with Planning Commission but modified proposal by removing 5418 Kitsap Way NO CHANGE TO CODE Attachment 1 – Exhibit A: Amendment Progression Attachment 2: Proposed Ordinance 5363 for the 2018 Comprehensive Plan Docket: Comprehensive Plan Amendments The 2018 Comprehensive Plan Amendment Docket includes two ordinances (No. 5363 and No. 5364). This Ordinance is for Comprehensive Plan Amendments. The subsequent Ordinance is for the associated Zoning Code text and map amendments to maintain consistency. 1 2018 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments ORDINANCE NO. 5363 AN ORDINANCE of the City Council of the City of Bremerton, Washington, for the 2018 Comprehensive Plan docket to amend the Comprehensive Plan in regards to affordable housing initiatives, Downtown Subarea Plan clarification, allowing gravel “pavement” within the Industrial Center, correct omission in Equivalence Table, and two land use map changes on Olympus Drive and on Kitsap Way; and WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18, 2016, by Ordinance No. 5299, hereinafter referred to as the “Comprehensive Plan;” and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, the City Council and Mayor have identified that providing affordable housing within the City of Bremerton is a 2018 goal; and WHEREAS, the City of Bremerton adopted the Downtown Subarea Plan by Ordinance Number 5034 in December 2007, and it was incorporated as part of the 2016 Comprehensive Plan Ordinance No. 5299; and WHEREAS, the City of Bremerton adopted the Puget Sound Industrial Center- Bremerton (formerly the South Kitsap Industrial Area) Subarea Plan in 2012 with Ordinance Number 5188 and it was incorporated as part of the 2016 Comprehensive Plan Ordinance No. 5299; and WHEREAS, the City adopted an area-wide land use classification and zoning for the Comprehensive Plan: Land Use Map (Ord. No. 5299) and Zoning Map (Ord. No. 5301) on May 18, 2016; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (“BMC”), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, the zoning code and maps must be consistent with the Comprehensive Plan, therefore a concurrent ordinance is being passed to amend the zoning code and maps to maintain consistency; and 2 2018 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments WHEREAS, the Planning Commission conducted three workshops on the 2018 Comprehensive Plan amendments and associated Zoning Code changes proposal on May 21, 2018, July 16, 2018, and September 17, 2018; and WHEREAS, the City provided notification to all property owners within 300’ of the parcels subject to a land use map change, early in the process, to gather public feedback and invite them to participate in the process; and WHEREAS, on September 20, 2018, the Washington State Department of Commerce was notified of the City’s Comprehensive Plan Amendment docket for 2018; and WHEREAS, on September 21, 2018, a SEPA Determination of Nonsignificance was issued for amendment docket items with a 14-day comment period; and WHEREAS, on October 5, 2018, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, the Planning Commission’s public process included three workshops and one public hearing which throughout the process the Commission received written comments and various verbal testimonies were received; and WHEREAS, on October 15, 2018, the Planning Commission conducted a public hearing on the 2018 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council made recommendations on the amendments as described further in this ordinance; and WHEREAS, following the public hearing on October 15, 2018 the Planning Commission recommended approval of the Comprehensive Plan Amendments as numbered 1(a), 1(c), 2(c), 2(d), 3, and 4 as presented, the Commission recommended modification of amendments 1(b), 5 and 7, and recommended denial of amendments 2(a), 2(b), and 6; and WHEREAS, on November 14, 2018 the City Council reviewed the recommendations of the Planning Commission during a study session and after a thorough review of the review of the Commission’s recommendations, the City Council directed staff to draft the adoption ordinances for the relevant amendments as described below; and. WHEREAS, City Council concurred with the Planning Commission on the approval amendments regarding Affordable Housing Initiatives (Amendment 1(a) and (c)), Downtown Subarea Plan minor modifications to the Design Review Board process and renaming the Warren Avenue Corridor zone (Amendment 2(c)and (d)), allowing gravel “pavement” within the Puget Sound Industrial Center-Bremerton (Amendment 3), correct omission within the Kitsap County Equivalence Table (Amendment 4), and the Land Use Map changes for the area near 3 2018 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments Kitsap Way and Highway 3 (Amendment 7); and WHEREAS, the Planning Commission recommended approval for an amendment to allow a variety of small housing types within the Low Density Residential including duplexes and townhouses (Amendment 1(b)) provide the underlying density is met and only in certain areas: 500’ from a commercial district/Center or could locate a duplex or townhouse if there was an existing legally established multiplex on the same numbered block. The City Council supported allowing duplexes and townhouses within Low Density Residential district, provided the amendment did not include the language about locating a duplex or townhome on a same numbered block; and WHEREAS, the Planning Commission recommended approval for an amendment to the City owned properties at 3027 Olympus Drive to change the land use designation from General Commercial to Low Density Residential (Amendment 5). City Council supports a land use change, but considering the surrounding City zoning is mostly Medium Density Residential, revised the land use map change from Low Density Residential to Medium Density Residential; and WHEREAS, City Council concurred with the Planning Commission recommendation on denial of two amendments regarding the Land Use Map change for 3530 and 3536 Arsenal Way (Amendment 6) and limiting the heights of the downtown core (Amendment 2(b)). These amendments are not presented in this ordinance and relevant code shall remain as is, but were discussed at the City Council’s Public Hearing on the 2018 Comprehensive Plan Docket; and WHEREAS, the Planning Commission recommended approval for an amendment to the Downtown Subarea Plan to allow market-rate parking, up to zero, for affordable housing (Amendment 2(a)). City Council did not support this recommendation and therefore it is not part of this ordinance, but this was discussed at the Public Hearing; and WHEREAS, on November 27, 2018, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on December 5, 2018 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the proposal meets requirements of the GMA; and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (“KCCPP”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 4 2018 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments SECTION 1. Findings and Recitals Incorporated. The findings and recitals set forth above are hereby incorporated by reference. SECTION 2. The City of Bremerton considered the following proposed amendments as part of the 2018 docket but were neither accepted nor adopted:  Amendment 2(a): Increase parking into the Downtown core, but allow an incentive to reduce parking if affordable housing was provided; and  Amendment 2(b): Limit the height in the Downtown core to 75’ unless affordable units are provided; and  Amendment 6: Change the land use designation for 3530 and 3536 Arsenal Way from Neighborhood Business to General Commercial. SECTION 3. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting docket items 1-7 as follows: Docket Items: 1. Affordable Housing Initiatives. Amend the Comprehensive Plan’s Land Use Element as follows, more particularly described in Exhibit A affixed hereto as replacement pages. a. Land Use Element: Medium Density Residential Description, Page LU-33: Amend “Intensity and Density” and “Character” description to increase the density within the Medium Density Residential designation. This is classified as Comprehensive Plan Amendment 1(a) within this Ordinance. b. Land Use Element: Low Density Residential Description, Page LU-31: Amend allowed “Land Uses” and add policy LU1-LDR(D) in “Low Density Residential Specific Policies” to allow a variety of housing types within the Low Density Residential designation. This is classified as Comprehensive Plan Amendment 1(b) within this Ordinance. c. Land Use Element: General Commercial Description, Page LU-26: Amend “Intensity and Density” description to remove the density requirement within the General Commercial designation. This is classified as Comprehensive Plan Amendment 1(c) within this Ordinance. 2. Downtown Subarea Plan: Amend the Downtown Subarea Plan as follows, more particularly described in Exhibit B affixed hereto as replacement pages. a. Amendment 2(a), which was neither accepted nor adopted. b. Amendment 2(b), which was neither accepted nor adopted. c. Urban Design Strategy: 3.3 Design Review, Page 3-20: Amend the Design Review Board process to clarify when approval is required for accessory structure and façade improvements for larger projects. d. Development Standards: 6.10 Warren Avenue Corridor (WC) Pages 6-138 and throughout the Subarea Plan: Rename the Warren Avenue Corridor to 5 2018 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments Downtown Support District (DSD) throughout the Subarea Plan, revise intent and allowed uses to allow commercial and residential development, but reserve key intersections for ground-floor commercial development on Page 6- 138. 3. Puget Sound Industrial Center-Bremerton Subarea Plan: Amended the Puget Sound Industrial Center-Bremerton Subarea Plan to allow gravel “pavement” in certain circumstances, more particularly described in Exhibit C affixed hereto as replacement pages of C-15 through C-17. 4. Update Equivalence Table: Amend the Comprehensive Plan Land Use Element’s Equivalence Table to correct omissions, more particularly described in Exhibit D affixed hereto as a replacement pages of LU-44 and LU-45. 5. Land Use Map: Amend the Land Use Map #1 (Pg. LU-10) to change the land use designate of two City-owned parcels at 3027 Olympus Drive from General Commercial to Medium Density Residential, more particularly described in Exhibit E affixed hereto; 6. Amendment 6, which was neither accepted nor adopted. 7. Land Use Map: Amend the Land Use Map #3 and #4 (Pg. LU-12 and LU-13) to change the land use designate of the area adjacent to Kitsap Way and Highway 3 from Freeway Corridor to General Commercial, more particularly described in Exhibit F affixed hereto; SECTION 4. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 5. 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 ____________________, 2018. ERIC YOUNGER, Council President 6 2018 Comprehensive Plan Amendment Docket: Comprehensive Plan Amendments Approved this ___________ day of ____________________, 2018. GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2018. EFFECTIVE the _________day of ______________________, 2018. ORDINANCE NO. 5363 City of Bremerton Comprehensive Plan LU-33 Land Use Element Element 2 Land Use Designation: Medium Density Residential MDR (Medium Density Residential) Purpose/Intent To create a designation that recognizes the existing built environment of medium density-type development and encourages redevelopment opportunities. This designation will be for neighborhoods which are primarily developed with duplexes and similar uses. Location Neighborhoods that consist primarily of duplex type structures as mapped. Land Uses Single family dwelling units (attached or detached), duplexes, and townhomes. Low intensity compatible uses such as churches, schools, senior housing, and parks. Intensity/Density •10 18 dwelling units per acre •Three to four stories Character The designation consists of neighborhoods that are currently developed predominantly with duplexes. As many of these duplexes were constructed from the World War II boom, much of this area could benefit from redevelopment. By outrightly allowing duplexes, single family homes, and townhouses, this area may be able to be revitalized and continue to provide a wide variety of housing types. This designation is similar to LDR in regards to density and scale, however medium density type development is encouraged. Medium Density Residential Specific Policies LU1: Plan for Growth LU1-MDR(A): Provide wider variety in residential designations throughout the city to achieve a greater diversity of housing. LU2: Encourage Economic Development LU2-MDR(A): Encourage adaptive reuse and preservation of existing commercial spaces that are compatible with surrounding community. LU3: Protect the Environment LU3-MDR(A): Encourage clustering to reduce total site footprint and help maintain natural hydrologic characteristics of the site. LU4: Promote Community Health LU4-MDR(A): Promote neighborhoods that foster interaction among residents, contribute to well-being of citizenry, and create and sustain a sense of community and personal safety. LU4-MDR(B): Develop pedestrian connections between residential areas and neighborhood services. Ensure street design and orientation that encourage pedestrian and bicycle use. Ordinance 5363: Exhibit A City of Bremerton Comprehensive Plan LU-31 Land Use Element Element 2 Land Use Designation: Low Density Residential LDR (Low Density Residential) Purpose/Intent To create new and support existing single family neighborhoods. Location Residential neighborhoods located throughout the city as mapped. Land Uses Single family residential homes, duplexes and townhouses, and low intensity compatible uses such as churches, schools, senior housing, and parks. Accessory dwelling units are encouraged. Intensity/Density •5 to 10 dwelling units per acre •Three stories and conditionally allowed uses may be four stories Character The City’s residential neighborhoods are characterized by single-family homes on traditional urban lots. There are some existing small-scale commercial structures with LDR, which should be encouraged to be redeveloped by adaptive reuses to provide services to the neighborhood. Low Density Residential Specific Policies LU1: Plan for Growth LU1-LDR(A): Promote neighborhoods that foster interaction among residents, contribute to well-being of citizenry, and create and sustain a sense of community and personal safety. LU1-LDR(B): Use front yard averaging to encourage residential infill that is consistent with the existing neighborhood’s built environment. LU1-LDR(C): Allow accessory units associated with, and subordinate to, existing or new single family dwellings when appropriate. LU1-LDR(D): Allow a variety of small residential development in the LDR as infill development, including duplexes and townhouses, provided the underlying density is met and design criteria within the Zoning Code is adopted to safeguard the character of the neighborhood. LU2: Encourage Economic Development LU2-LDR(A): Encourage adaptive reuse and preservation of existing commercial structures that are compatible with surrounding community. LU2-LDR(B): Support mineral extraction in limited areas on larger undeveloped parcels as long as there are no adverse effects on other environmental resources or living systems, or on public health, safety, and welfare. Discussion: A Mineral Resource Overlay allows for mineral extraction in areas where the grading could prep a site for future residential development, including areas in West Bremerton. Ordinance 5363: Exhibit A City of Bremerton Comprehensive Plan LU-26 Land Use Element Element 2 Land Use Designation: General Center GC (General Commercial) To provide locations for general commercial uses serving the entire community while buffering impacts to adjacent residential areas. The designation accommodates access to businesses by automobile while also creating a pedestrian-friendly, transit-supporting corridor. Location Along high traffic corridors/primary arterials as mapped such as Kitsap Way and Wheaton Way. Also includes area near 15th Street and Pennsylvania Avenue, Perry Avenue, and Olympus. Land Uses Commercial uses, Mixed-use, and stand-alone residential if it is located away from major arterials. Intensity/Density •30 units per acre No residential density requirement •Three to five stories Character The General Commercial designation provides for intense commercial activities. It focuses growth along transportation corridors and is intended to provide appropriate locations for activities that require high levels of access by automobile traffic. Design considerations include encouraging multistory buildings near the street frontage, with street trees, attractive landscaping, benches, and frequent transit stops. Transit-oriented residential uses are appropriate on second or third floors near the street and transit stops. Office uses may also be appropriate near the street frontage. Uses in areas away from the street include parking and more intense retail uses. Special design provisions should be utilized to provide adequate buffering and transitions to less intense land uses in adjacent areas. Parking for larger commercial operations is encouraged to be located behind or beside street-fronting structures. Sites should include adequate landscaping, architectural standards, and other site design considerations to assure compatibility with neighboring uses. Stand-alone residential uses are encouraged provided they are not located on a major arterial. General Commercial Specific Policy LU1: Plan for Growth LU1-GC(A): Encourage the formation and continuance of a compatible and economically healthy environment for uses which benefit from being located in close proximity to each other; and to discourage any encroachment by uses capable of adversely affecting the basic commercial character of the district. Ordinance 5363: Exhibit A URBAN DESIGN STRATEGY 3-20 3.3 DESIGN REVIEW The City of Bremerton 2004 Comprehensive Plan made a strong call for Design Review. The Design Review Board (DRB) is an appointed body which makes recommendations on project design based upon their interpretation of appli- cable Urban Design Principles and the intent and purpose of development standards. This Plan expands the Design Review boundary to cover the full Subarea for all projects achiev- ing the following threshold; 1.Residential units of four or greater 2.Commercial projects of 5,000 sq. ft. or greater. 3. For projects meeting (1) or (2) above, and are: a. Retrofitting the exterior of an existing building that increase nonconformity with the design standards of the Subarea Plan; or b. The placement of accessory structure, addition of a building, or other similar applications that does not comply with the design standards of the Subarea Plan. 4. This will allow site responsive flexibility to be set for small scale infill projects as well as large scale developments. The following is a summary of expected benefits from an expanded Design Review Program. Design Review Community Benefits: • Reviews and analyzes proposed projects to provide early design guidance • Provides an avenue for public feedback Design Review Developer Benefits • Allows developers to respond to unique site conditions • Provides relief from prescriptive dimensional requirements such as setbacks and bulk • Promotes community participation on projects. Chapter 4: District Character contains a set of Urban Design Principles for each Character District. These principles are a guide for the DRB’s review and conditioning of development proposals. The DRB will also be responsible for interpreting the adequacy of public amenity features with developments in the Downtown Core and Downtown Waterfront Districts make use of the Public Amenity Bonus system. Early Design Guidance Massing study Detailed Design Ordinance 5363: Exhibit B DEVELOPMENT STANDARDS 6-138 6. 10 Downtown Support District (DSD) 6.10.1 PURPOSE AND INTENT (1) This zone is intended to provide a commercial district of medium density to transition to lower scaled uses outside of the downtown. Commercial and mixed uses are anticipated close to downtown and at street intersections of 6th Street & Warren Avenue and Burwell Street & Warren Avenue and then transitioning to residential uses at the edge. Residential uses are considered secondary to commercial uses. (2)Design standards encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront style shopping streets. (3) Warren Avenue is a major regional serving arterial with limited local access. 6.10.2 USE STANDARDS (1)Pursuant to BMC Chapter 20.74.020 (2)Requirement for mixed-use or commercial. For parcels at the intersections of 6th Street & Warren Avenue and Burwell Street & Warren Avenue development shall have ground oriented commercial uses at the street. At least 50% of the ground floor area facing the public sidewalk shall be “pedestrian oriented.” (3)Prohibited Uses: Automobile sales, services, and repair, strip clubs and adult cabarets. 6.10.3 LOT REQUIREMENTS (1) Maximum FAR 4.5 (2) Minimum FAR 1.0 (3) Required open space per residential unit 100 GSF 6.10.5 HEIGHT REQUIREMENTS (1) Maximum structure height 60’ (2) Minimum structure height 18’ (3) All commercial space provided on the ground floor have a minimum of (14) feet floor to ceiling height. 6.10.4 COMMERCIAL SPACE REQUIREMENTS (1) Commercial use maximum at ground floor 20,000 GSF per use (2) All commercial spaces must have a minimum depth of thirty (30) Feet 6.10.6 INDOOR/OUTDOOR OPERATIONS (1)All permitted uses in this district must be con- ducted within completely enclosed buildings. This requirement does not apply to off-street parking or loading areas, automated teller machines or outdoor seating areas. 6.10.7 DENSITY (1) No maximum density within the WC zone Ordinance 5363: Exhibit B Adopted August 1, 2012; Ordinance 5188 C-15 PSIC Subarea Plan c.Minimum Building Energy Efficiency. For all new construction, development shall meet at least one of the requirements, as described in LEED-ND GIB Prerequisite 2: Minimum Building Energy Efficiency, or functional equivalent standard as determined by the Director. 4.040 Transportation, Parking, Circulation, and Pedestrian Access a.The purpose of this section is to reduce the visual impact of parking, reduce vehicle trips, encourage alternate modes of transportation, and reduce greenhouse gas emissions within PSIC. Parking is regulated through standards that address the design, location, and size of parking areas. Right-of-way standards and requirements for sidewalks, trails, and driveways are contained in Chapter C.5. Traffic requirements and parking development shall be in accordance with the provisions of the Bremerton Municipal Code, including Title 10 (Traffic), Chapter 11.12 (Transportation Development), Chapter 20.48 (Off-Street Parking), with the following revisions and exceptions. b.Commute Trip Reduction 1.The requirements of BMC Chapter 10.40, Commute Trip Reduction (CTR) Plan, shall apply, except as provided in paragraph (2) below. 2.Once total new employment within PSIC has exceeded 2,000 new employees (resulting from actions permitted under the Planned Action Ordinance), all employers with 50 or more employees shall be required to participate in the CTR Program. c.Minimum Parking Requirements. Minimum parking standards shall be in accordance with BMC Chapter 20.48 Off-Street Parking Requirements, except as specified in Paragraph (1) of this subsection as well as in Subsection (e) below. 1.Parking reductions may be allowed, at the discretion of the Director, if a parking analysis is completed and indicates that sufficient parking is available to meet demand. d.Parking Location and Design 1.Parking areas that accommodate more than 125 vehicles shall be divided into a series of smaller connected lots, located behind structures, and/or fully screened with Type I landscaping. e.Shared Parking Area Reductions 1.The amount of off-street parking required in Subsection (c) above may bereduced where multiple buildings/tenants share a common, centrally-located parking area. Reduction shall be based on the type and mix of uses,as follows, except that these reductions shall not be used in conjunction with reductions specified in Subsection (c) above:a.Properties with only industrial or support retail and service uses:30% reductionb.Properties with retail or other uses: 10% reductionc.Mixed retail/office uses with at least a 4:1 ratio of retail to office: 20% reductiond.50% reduction for retail uses of less than 5,000 sq. ft. when they aredeveloped as part of a business park that contains at least 60% industrial or support retail and service uses. Site plan using internal service court to avoid vehicular and pedestrian conflicts and to screen service and storage activities. Site plan courtesy of Cedar River Corporate Park, LLC. Example of intensive, compact industrial development with shared parking and loading areas screened from rights-of-way. Ordinance 5363: Exhibit C PSIC Subarea Plan C-16 Adopted August 1, 2012; Ordinance 5188 Shared Vision, Shared Direction See Strategies T 2.2 and LU 1.3 for policies that support shared parking and coordinated access. Separation of parking from pedestrian pathway with landscaping and weather covering. e.Parking Stall and Aisle Design. Shall be in accordance with BMC 20.48.080. f.Loading and Vehicle Storage Areas 1.Loading and vehicle storage areas shall not be located within required building setbacks. 2.Vehicle loading docks and long-term vehicle storage areas shall be screened from public rights-of-way with Type I Visual Screening, walls, or other methods, as approved by the Director. 3.The Director may waive or modify these standards where it is deemed infeasible for a particular industrial or manufacturing use. g.Pedestrian Access 1.Projects shall include an on-site pedestrian system connecting all parking areas and entrances to each other and the public right-of-way. 2.Pedestrian paths shall be integrated with the parking lot landscaping required in BMC 20.48.080 and BMC 20.50.050(c)(3). 3.Bicycle circulation shall be considered in site design and appropriate measures taken to accommodate bicycle circulation on-site. 4.Where feasible, provide steps and ramps across retaining walls and slopes. 5.Pedestrian paths shall be well lit. 6.Adjacent landscaping shall not block visibility to and from a pedestrian path, especially where it approaches a roadway or driveway. 7.Refer to Chapter D.3 for more specific Design Guidelines.i.Bicycle Facilities. Bicycle parking shall be provided at 10% of the required automobile spaces. Please see BMC 20.48.180(b) for bicycle parking requirements and Section D.3.170 for recommended Design Guidelines. j.Neighborhood Electric Vehicles. Neighborhood Electric Vehicles (NEV) and Electric Golf Carts shall be allowed on all pedestrian pathways within PSIC that are constructed to the standards contained in Section C.5.050. NEVs shall also be allowed on all public roadways in PSIC where their use is not otherwise prohibited by state or local law (e.g. roadways with a maximum speed limit of 25 miles per hour or less are suitable). f. Gravel Paving Exception. The intent of this code is to allow gravel “paving” for Industrialcomplexes and similar uses and developments in areas that do not typically have to-and-go daily traffic, but shall be for those areas that are driven on infrequently or have vehicles/equipment that will be typically parked/stationary for an extended period of time. Gravel “paving” shall not be used for daily customer parking. The following is minimum standards to allow gravel paving: 1. Gravel paving is allowed within Industrial complexes and similar uses, and developments in the following areas. i. Surplus parking. This is parking beyond what is required for the development, such as a special event parking for occasional events. ii. Areas used primarily for industrial sales or rentals provided it does notrequire frequent trips on-and-off the gravel area onto the all-weathered surface.iii.Contractor storage yard,iv. Logging/mining access road, orv.Similar applications that do not require frequent trips on-and-off thegravel area. Ordinance 5363: Exhibit C Adopted August 1, 2012; Ordinance 5188 C-17 PSIC Subarea Plan a.The purpose of this section is to ensure that site landscaping within PSIC reflects key goals related to sustainable development and stewardship of critical areas. The retention of existing trees and vegetation is important to help promote the utilization of natural systems for environmental benefits, reduce the impacts of development on the storm drainage system, moderate the urban heat island effect and provide a better transition between various land uses within the City. The requirements of BMC Chapter 20.50 shall apply, except as modified or supplemented in this subsection. Please also see Chapter D.4. for recommended design guidelines. b.Vegetation Preservation 1.To the greatest extent feasible, existing healthy significant trees defined in BMC 20.50.050(d)(4) shall be retained on site. 2.Site design shall attempt to preserve existing trees where feasible. However, should a proposal include the removal of all or portions of a site’s significant tree cover a certified arborist or professional forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation, removal and replacement of the tree(s). A copy of the report and recommendations shall be submitted to the City as part of the site development process and prior to clearing. 3.If any trees in required landscaped areas are deemed to be hazardous and must be removed, the following replacement standards are required: Indoor bicycle parking facility. Image courtesy of FHWA. Multilayered landscaping used to screen industrial loading area from adjacent street. Example of retained vegetation in an industrial parking area. 4.050 Landscaping Ordinance 5363: Exhibit C 2.An issued site development permit or a building permit with associated parking isrequired for the establishment of a gravel parking lot or driveway. At no time shall agravel parking lot or driveway be installed without a permit approval.3.The gravel paved areas are intended to run with the land regardless if the propertyor business is sold or re-occupied. However, for the life of the project, any on-sitechanges to the occupancy, business or use that utilize the gravel“paving” that violates any portion of this code, will require the gravel “paving”to be paved with an all-weather surface.4.The property owner provides a letter of request, provides a site plan (to scale) thatclearly indicates where gravel or other pervious surfacing area will be placed,quantification of the area and can demonstrate that the gravel or other pervioussurfacing areas are designed and will be maintained in accordancewith or exceeding the requirements contained in the City currently adoptedStormwater manual (or as amended);5.Gravel parking facilities shall be surfaced with no less than three inches of crushedgravel and shall be maintained on a regular basis;6.Dust is controlled throughout the site, and control measures are provided andaccepted by the City;7.Rock and other debris is not tracked off site; and8.To ensure pollution generating equipment is controlled within the area ofgravel paving, an emergency spill control plan shall be prepared and implemented.9.Protection of Roads & Trails. To ensure non-bound materials, such as gravel, doesnot enter into a lane of travel, the criteria below is applicable.(a)This requirement is only for those parcels that access directly to a public orprivate street. This requirement is not applicable to areas that access a graveleasement or tract unless there is an approved Site Plan or Planning Documentthat identifies that the area is becoming a private or public street.(b)Driveway and similar road approaches shall be paved with an all-weatherpaved surface, from at least 100 feet back from the property line of the pavedright-of-way to ensure gravel or other non-bound material has been removedfrom the vehicle and tires.(c)If the gravel drive lane crosses an existing or under-construction pavedurban trail for pedestrians and/or bicyclist, a minimum of ten (10) feet on bothsides of the trail shall have an all-weather paved surface. City of Bremerton Comprehensive Plan LU-44 Land Use Element Element 2 Land Use Designation: Equivalence Table Equivalence Table As discussed in the previous section of this chapter, the Urban Growth Areas (UGAs) are areas within the County that the City will be expanding into as the city grows. To assist with that transition of annexation, the following chart illustrates equivalent Kitsap County Land Use designations to corresponding City designation for all the City’s UGAs. For some of the City’s UGAs, we have lead subarea planning efforts, such as Gorst and Puget Sound Industrial Center – Bremerton (formerly the South Kitsap Industrial Center). For those areas, their adopted Subarea Plan’s designation would become enacted at the point of annexation. Kitsap County Land Use District Kitsap County Zoning Allowed Uses City of Bremerton (COB) Land Use Equivalent COB Land Consistent Zoning Urban and Rural Industrial Business Center Intended to provide for integrated grouping of medium to large size businesses within an attractive park-like setting. The Zone allows business dedicated to office use, warehousing, and/or light manufacturing operations. Permitted businesses are intended to support the creation, development and retention of primary wage employment in the professional and technical fields. General Commercial General Commercial Business Park Provides for integrated grouping of small to medium size businesses within an attractive park-like setting. The zone allows flexibility in the amount of space within each business dedicated to office use, warehousing, and/or light manufacturing operations. Permitted businesses are intended to support the creation, development and retention of primary wage employment in the professional and technical fields, and not intended for the general retail commercial needs of the area. General Commercial General Commercial Industrial Allows a wide range of industrial activities including heavy industry such as fabrication, warehousing, processing of raw materials, bulk handling and storage, construction, and heavy transportation. This zone is intended to provide sites for activities which require processing, fabrication, storage, and wholesale trade. Industrial Industrial Urban High Intensity Commercial Commercial Provides for those commercial establishments which serve the shopping and service needs for large sections of the county and provides visitor services and accommodations for both destination and en route travelers General Commercial General Commercial Ordinance 5363: Exhibit D City of Bremerton Comprehensive Plan LU-45 Land Use Element Element 2 Land Use Equivalence Table Kitsap County Land Use District Kitsap County Zoning Allowed Uses City of Bremerton (COB) Land Use Equivalent COB Land Consistent Zoning Urban Low Intensity Commercial Neighborhood Commercial Provide for the quick stop shopping needs of the immediate neighborhood in which they are located. These centers should be based upon demonstrated need and shall be sized in a manner compatible with a residential setting. Neighborhood Business Neighborhood Business Urban Low- Density Residential Urban Restricted Applied to areas within urban growth areas that have been identified with a significant concentration of critical areas regulated, or are planned as greenbelts, and are therefore appropriate for lower-density development. Low Density Residential Low Density Residential Greenbelt Applied to those areas which have identified parcels constrained by critical areas of fifty percent or greater and are within certified wildlife corridors. Low Density Residential Low Density Residential Urban Low Residential Recognize, maintain, and encourage urban low density residential areas by including a full range of urban services and facilities that are adequate at the time of development. Low Density Residential Low Density Residential Urban Medium- Density Residential Urban Medium Residential Intended to provide for higher densities where a full range of community services and facilities are present or will be present at the time of development. Medium Density Residential Medium Density Residential Urban High- Density Residential Urban High Residential Provide for multiple-family residential and professional office development based upon compatibility with surrounding land uses. The primary use of this zone is intended to be high density residential. Professional office use is intended to compliment and support the residential use within the zone. Multifamily Residential Multifamily Residential Public Facilities Parks Parks and County facilities are located within this zone. The City does not have a Parks specific zone and delineates these areas to low density residential. Low Density Residential Low Density Residential Urban Restricted Areas within urban growth areas that have been identified with a significant concentration of critical areas, greenbelts, or watershed protection properties. Watershed Watershed Ordinance 5363: Exhibit D Ordinance 5363: Exhibit E Ordinance 5363: Exhibit F Ordinance 5363: Exhibit F Attachment 3: Proposed Ordinance 5364 for the 2018 Comprehensive Plan Docket: Associated Zoning Code Amendments The 2018 Comprehensive Plan Amendment Docket includes two ordinances (No. 5363 and No. 5364). This Ordinance is for the associated Zoning Code text and map amendments to maintain consistency with the Comprehensive Plan amendments. The pervious ordinance is for Comprehensive Plan Amendments. 1 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket ORDINANCE NO. 5364 AN ORDINANCE of the City Council of the City of Bremerton, Washington, for the 2018 Comprehensive Plan docket to amend the Zoning Code and Zoning Maps set forth in Title 20 of the Bremerton Municipal Code to be consistent with Comprehensive Plan amendments; WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18, 2016, by Ordinance No. 5299, hereinafter referred to as the “Comprehensive Plan;” and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, the City of Bremerton adopted a Zoning Code on May 18, 2016, by Ordinance No. 5301 hereinafter referred to as the “Zoning Code;” and WHEREAS, the City adopted an area-wide land use classification and zoning for the Comprehensive Plan: Land Use Map (Ord. No. 5299) and Zoning Map (Ord. No. 5301) on May 18, 2016; and WHEREAS, the zoning code and maps must be consistent with the Comprehensive Plan; and WHEREAS, the City of Bremerton has established a procedure and criteria for approval for amending text and map amendments in the Zoning Code in Title 20.18 of the BMC. This procedure supports Comprehensive Plan and Zoning Code amendments to be processed concurrently; and WHEREAS, the City Council and Mayor have identified that providing affordable housing within the City of Bremerton is a 2018 goal; and WHEREAS, the Planning Commission conducted three workshops on the 2018 Comprehensive Plan amendments and associated Zoning Code changes proposal on May 21, 2018; July 16, 2018; and September 17, 2018; and WHEREAS, the City provided notification to all property owners within three hundred (300) feet of the parcels subject to a land use map change, early in the process, to gather public feedback and invite them to participate in the process; and WHEREAS, on September 21, 2018, a SEPA Determination of Nonsignificance was issued for amendment docket items with a 14-day comment period; and 2 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket WHEREAS, on October 5, 2018, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, on October 15, 2018, the Planning Commission conducted a public hearing on the 2018 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments; and WHEREAS, on November 26, 2018, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on November 19, 2018, the Washington State Department of Commerce received notification of the Comprehensive Plan Amendment docket for 2018 regarding Zoning Code text and Zoning Map changes; and WHEREAS, on December 5, 2018 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAs, on the December 5, 2018 the City Council adopted Ordinance No. 5363 which amended the City’s Comprehensive Plan and Amendments #1(a), #1(b), and #1(c), #5 and #7 require a Zoning Code text or map change; and WHEREAS, the proposal meets requirements of the GMA; and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (“KCCPP”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The findings and recitals set forth above are hereby incorporated by reference. SECTION 2. Amend Chapter 20.78 of the Bremerton Municipal Code entitled “Medium Density Residential” by amending Subsection 20.78.060(a)(4) as follows: 20.78.060 DEVELOPMENT STANDARDS. (a) Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. 3 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (2) Maximum structure height is thirty-five (35) feet. (3) Maximum structure height in R-10 areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supersede subsection (a)(2) of this section. (4) Minimum lot width is thirty (30)twenty-five (25) feet. (5) Maximum development coverage is sixty (60) percent. (b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements. (c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit: (1) The maximum area for all accessory structures shall be eighty (80) percent of the principal residential use not to exceed one thousand two hundred (1,200) square feet. (2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060. (d) Garages, Storage Buildings and Shops. (1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following: (i) Constructed of similar materials as the principal unit; (ii) A roof of equal or greater pitch as the principal unit; (iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet. (2) Any garage, storage building, or shop may be exempt from the accessory structure size requirements provided it is contained within the principal unit. (3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020(Traditional front yard). (e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. SECTION 3. Amend Chapter 20.78 of the Bremerton Municipal Code entitled “Medium Density Residential” by amending Subsections 20.78.065(b) and (d) as follows: 20.78.065 ALLOWABLE DENSITY AND LOT AREA. The purpose of this section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development. The following density and lot area standards are applicable to development within the zone: (a) Minimum Density. The minimum required density is five (5) dwellings per acre. (b) Maximum Density. The maximum allowed density is ten (10) eighteen (18) dwellings per acre. (c) Maximum Lot Area. The maximum lot area is eight thousand seven hundred twelve (8,712) square feet, with the following exceptions: (1) The lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060; 4 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (2) One (1) lot within a proposal for a division of land may exceed eight thousand seven hundred twelve (8,712) square feet, provided the remaining lots do not exceed the eight thousand seven hundred twelve (8,712) square foot maximum lot size; and (3) A flag lot that complies with the requirements in BMC 20.44.100 may exceed eight thousand seven hundred twelve (8,712) square feet, provided the total area of the flag lot does not exceed thirteen thousand sixty-eight (13,068) square feet. (d) Minimum Lot Area. The minimum allowed lot area is four thousand three hundred (4,300) two thousand five hundred (2,500) square feet. (e) Exception to Minimum Lot Areas. (1) The minimum lot area may be modified through the approval of a residential cluster development pursuant to BMC 20.58.060, provided the development complies with the maximum density requirement set forth in subsection (b) of this section. SECTION 4. Amend Chapter 20.40 of the Bremerton Municipal Code entitled “Administration”, by amending Figure 20.40(a) “Comprehensive Plan/Zoning Consistency” as follows: FIGURE 20.40(a) The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC Title 20, Land Use, implementing zoning districts: Figure 20.40(a) COMPREHENSIVE PLAN/ZONING CONSISTENCY COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS Low Density Residential (LDR) Low Density Residential (R-10) Medium Density Residential (MDR) Low Density Residential (R-10) Medium Density Residential (R-10MR-18) Multifamily Residential (MR) Low Density Residential (R-10) Medium Density Residential (R-10MR-18) Multifamily Residential (R-20) District Centers (DC) District Center Core (DCC) Employment Center (EC) Employment Center (EC) Downtown Regional Center (DRC) Business Core (BC) Downtown Core (DC) Downtown Waterfront (DW) Neighborhood Business (NB) 5 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket COMPREHENSIVE PLAN DESIGNATION IMPLEMENTING ZONING DISTRICTS Manufacturing and Industrial Center (MIC) Puget Sound Industrial Center-Bremerton (PSIC- B) Industrial (I) General Commercial (GC) General Commercial (GC) Freeway Corridor (FC) Freeway Corridor (FC) Neighborhood Business (NB) Neighborhood Business (NB) Industrial (I) Industrial (I) City Utility Lands (CUL) Higher Education (HE) Institutional (INST) City Utility Lands (CUL) City Utility Lands (CUL) Watershed (WS) Watershed Lands (WS) Watershed (WS) Naval Base-Kitsap Naval Base Kitsap-Bremerton SECTION 5. Amend Chapter 20.50 of the Bremerton Municipal Code entitled “Landscaping”, by amending Subsection 20.50.040(c) as follows: 20.50.040 GENERAL PROVISIONS. (a) Front Yards. All front yard setback areas shall be landscaped pursuant to the performance standards per BMC 20.50.050; (b) Street Trees. Street trees shall be planted along public and private streets per performance standards in BMC 20.50.050(a) unless otherwise required by BMC 20.50.050(c). Trees shall be located within the front yard setback area, or 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) Visual Screening. When any nonresidential development, as defined by the International Building Code (which includes three (3) or more units), is proposed on a site that is adjoining the low or medium density residential zones (R-10 and R-10M), visual screening shall be provided according to the performance standards in BMC 20.50.050(b); (d) Areas Adjacent to Trails and Open Spaces. All developments adjacent to publicly used or designated trails and open spaces in the Comprehensive Plan shall provide Type I visual screening along the site facing the trail or open space per the performance standards outlined in BMC 20.50.050(b); 6 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping shall remain with existing vegetation, including significant trees, as provided for in BMC 20.50.050(d), but excluding plants that can be classified as noxious weeds or as invasive species; (f) 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; (g) Guarantee. All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO), except that 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: (1) A bond or other acceptable assurance device shall be in the amount of one hundred twenty-five (125) percent 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 one (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; (h) Maintenance Required. All plant material shall be maintained in a healthy growing condition free of weeds, trash or debris through the life and use of the development. Dead, damaged, diseased, or missing plant material shall be replanted or replaced as necessary to comply with the approved landscaping plan and the requirements of the chapter. Maintenance standards and assurances must be provided in the landscape plan as described in BMC 20.50.060. SECTION 6. Amend Chapter 20.50 of the Bremerton Municipal Code entitled “Landscaping”, by amending Subsections 20.50.050(b)(1) and (b)(2) as follows: 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) General landscaping is intended to provide visual separation between compatible uses and to soften the appearance of parking lots and building facades. All required setback areas, parking lots, and interior landscaping areas shall comply with the following: (1) Street trees are required, one (1) 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; 7 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or combination thereof; non-living materials shall not exceed twenty (20) percent of the landscaped area within two (2) years of planting; (3) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one (1) tree in combination with shrubs, ground cover, or other landscape materials; (4) Bioswales and permeable pedestrian access ways connecting landscaped areas are encouraged and are included in the calculation of required landscaping square footage. Low impact development best management practices performed on site may count towards required landscaping (tree for tree, and square footage for square footage); (5) Interior landscaping shall be dispersed as equally as possible throughout the site particularly in parking areas; (6) Parking lots shall have at least ten (10) 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; (7) For every ten (10) parking stalls one (1) tree shall be installed within a landscaped area; and (8) Landscaped areas shall consist of no more than fifty (50) percent deciduous species. (b) Visual screening is intended to function as a year-round full visual barrier between incompatible uses. Visual screening is required for all commercial projects adjacent to the low or medium density residential zones. Visual screening is required as follows: (1) Type I. Required along the property line(s) of all nonresidential development proposed on a site that is adjoining the low or medium density residential zones (R-10 and R- 10M). For purposes of this subsection, nonresidential development is as defined in the International Building Code (which includes three (3) or more dwelling units) and not specifically identified in subsection (b)(2) of this section. A Type I visual screen shall include the following: (i) A landscaped area of at least ten (10) feet wide; (ii) A mix of evergreen and deciduous trees, no more than twenty (20) feet apart on center. Deciduous trees up to twenty-five (25) percent of the tree requirement are encouraged to add seasonal and textural variation; (iii) Shrubs shall be planted between the trees to provide an effective visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (2) Type II. Required for all large retail, motion picture theaters, junk yards, heavy industrial/manufacturing, stadiums, and sports complexes proposed on a site that is adjoining the low or medium density residential zones (R-10 and R-10M). Type II screening shall be provided along all property lines that adjoin the low or medium density residential zones (R- 10 and R-10M). A Type II visual screen shall include the following: 8 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (i) Landscaped area of at least twenty (20) feet in width; (ii) A double row of evergreen trees spaced no more than fifteen (15) feet apart on center (rows shall be offset and spacing triangulated); existing mature healthy trees on site are encouraged to be retained; (iii) Shrubs shall be planted to enhance the visual barrier. Shrubs may be spaced irregularly in natural groupings rather than uniformly spaced; however, grouped shrubs should be no more than five (5) feet apart from each other; and (iv) A sight-obscuring fence, wall, earthen berm or combination thereof is required adjacent to parking areas to ensure headlights do not project into residential properties. Measures shall be taken to ensure quality in the visual character of the wall or fence on the side facing the residential lot. (c) Centers. Intended to soften the streetscape and sidewalk areas in a dense urban environment. Projects within the centers must comply with the provisions set forth in adopted subarea plans, the provisions of this chapter, and the following: (1) Street trees shall be provided within the front yard setback or in the sidewalk along any facade facing a major arterial. Any trees located in the City right-of-way may require additional approval through the Department of Public Works and Utilities. Trees shall be spaced no less than three (3) trees per one hundred (100) linear feet of frontage. Trees placed in the sidewalk should be provided with street grates at the sidewalk level providing a continuous walking surface to within six (6) inches of the tree base. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall be of a species which allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction to a height of at least eight (8) feet. Trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting; (2) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (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; and (3) 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 (2-1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. (d) Vegetation Preservation. The retention of existing and healthy trees and vegetation is important to help promote the utilization of natural systems, reduce the impacts of development on the storm drainage system and provide a better transition between various land uses within the City. The following provisions encourage vegetation preservation as follows: (1) To the greatest extent possible existing healthy significant trees defined below shall be retained on site. Should a proposal include the removal of all or portions of a significant tree(s) a qualified arborculturalist or urban forester shall be retained by the applicant to inventory the tree(s) and make recommendations regarding the protection, retention, preservation or removal of the tree(s). A copy of the report and recommendations shall be submitted to the City as part of the application process. (2) Existing healthy trees and vegetation may substitute for newly required landscaping. Credit shall be granted tree for tree and area for area. In order to promote the 9 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket retention of existing significant trees during site development, each significant tree within the landscaped area shall count as three (3) newly required trees. (3) Credit may be given by the Director at the time of site plan review for the preservation of significant tree(s) in exchange for the loss of a parking space. (4) Significant trees are defined as follows: (i) Evergreen Trees. Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (ii) Deciduous Trees. Twelve (12) inches in diameter or greater, measured four (4) feet above existing grade. (e) 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 20.50.060(b)(4) or located in high moisture content soils. Plant material selection shall be consistent with the list maintained by the American Association of Nurserymen (AAN). Plant materials shall also be coordinated with utility company requirements to avoid conflicts. Unless otherwise specified within this chapter all required landscaping shall at a minimum meet the following size requirements: (f) Plant Type and Size. Plants shall be sized according to the following: (1) Standard deciduous trees: one and one-half (1-1/2) inch to two (2) inch caliper. (2) Small ornamental and flowering trees: one and one-half (1-1/2) inch to one and three-fourths (1-3/4) inch caliper. (3) Evergreen trees: five (5) feet to six (6) feet in height. (4) Shrubs: minimum size one (1) gallon container. (5) Ground cover: minimum four (4) inch container. (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. Unless provided for otherwise in this title, outdoor storage in all zones is limited to the minimum number of refuse containers necessary to support approved on- site uses. Dumpsters, refuse containers for commercial uses, and outdoor storage shall comply with the following criteria: (1) 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 materials shall not exceed six (6) feet in height when visible from a public right-of-way. 10 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (2) Outdoor storage and refuse containers requiring screening in the GC, R-20, NB, and land use centers shall be screened with materials which are architecturally similar to the primary structure. (3) Outdoor storage and refuse containers should not be located between a street and the front of the building, except in industrial zones. (k) 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 three (3) to eight (8) foot 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; (3) Where the maximum setback conflicts with the clear-vision triangle, relief from the maximum setback may be granted thorough a Type I Director decision. SECTION 7. Amend Chapter 20.70 of the Bremerton Municipal Code entitled “District Center Core”, by amending Subsections BMC 20.70.060(b) and (c) as follows: 20.70.060 DEVELOPMENT STANDARDS. Lot development shall be in accordance with the following unless allowed for otherwise by law: (a) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of a building’s front facade shall meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropriate: (1) When the site includes more than one (1) street frontage; (2) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (3) To accommodate phasing of infill development; (4) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or 11 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (5) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, architectural features, improved pedestrian connections. (b) Side yard setback: zero (0) except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (c) Rear yard setback: zero (0) except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (d) There is no maximum density for residential use. (e) Maximum building coverage: sixty (60) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased up to eighty-five (85) percent maximum: (1) Projects containing mixed uses: ten (10) percent bonus. (2) Projects with a three (3) or four (4) story building: ten (10) percent bonus; projects with five (5) or more story building: fifteen (15) percent bonus. (3) Projects providing a pedestrian-oriented plaza or area of at least one hundred fifty (150) square feet along a pedestrian walkway at an intersection corner, bus stop or other key pedestrian area approved by the City. Such areas shall contain seating for at least four (4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian-scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station providing food or beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be readily apparent and accessible to pedestrians on adjoining sidewalks: twenty (20) percent bonus. (4) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the City: five (5) percent bonus. (5) Projects providing at least fifty (50) percent of their required parking underground or within the building: twenty (20) percent bonus. (f) Maximum development coverage: maximum development coverage by impervious surfaces, seventy-five (75) percent; provided, that through the use of any combination of the mechanisms listed in subsections (e)(1) through (5) of this section, up to ninety-five (95) percent maximum development coverage may be allowed. (g) Maximum building height: eighty (80) feet except: (1) Structures within fifty (50) linear feet of parcels zoned for low density residential shall not exceed four (4) stories in height; and (2) Structures within fifty (50) and one hundred (100) linear feet of parcels zoned for low density residential shall include architectural features to gradually transition the building height from four (4) stories to a maximum height of eighty (80) feet at the one hundred (100) foot distance from the low density residential zoned parcel. (h) Mixed-Use Requirement. All structures that include residential uses located adjacent to, are oriented towards, or are viewable from a public right-of-way (not required on private streets) shall provide retail/commercial uses along a minimum of fifty (50) percent of the ground floor building facade. Exceptions to this requirement will be made for projects that comply with BMC 20.70.070(a)(6). 12 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket SECTION 8. Amend Chapter 20.78 of the Bremerton Municipal Code entitled “Medium Density Residential,” by amending Section BMC 20.78.010 as follows: 20.78.010 INTENT. The intent of the medium density residential (R-10MR-18) zoning district is to accommodate single-family housing and existing medium density-type development, and encourage redevelopment opportunities by permitting a wider variety of housing types. Consistency throughout the neighborhoods between low density residential (R-10) and medium density residential shall be implemented. SECTION 9. Amend Chapter 20.86 of the Bremerton Municipal Code entitled “Freeway Corridor,” by amending Subsections 20.86.060(b) and (c) as follows: 20.86.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (a) Minimum front yard setback: twenty (20) feet; (b) Minimum side yard setback: zero (0) except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Rear yard setback: zero (0) except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) No maximum building coverage, except all setback and landscaping requirements shall be met; (e) No maximum development coverage, except all setback and landscaping standards shall be met; (f) Maximum building height: sixty (60) feet. SECTION 10. Amend Chapter 20.92.060 the Bremerton Municipal Code entitled “Employment Center”, by amending Subsections 20.92.060(b) and (c) as follows: 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) Minimum side yard setback: zero (0), except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0), except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); 13 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (d) Minimum front yard setback requirements: zero (0), 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 (65) percent base maximum; provided, that through the use of any combination of the following, building coverage may be increased to a maximum of eighty-five (85) percent: (1) Projects with two or more stories: ten (10) percent bonus; (2) Projects containing mixed uses: ten (10) percent bonus; (3) Projects incorporating at least fifty (50) percent of required parking underground or within the structure: twenty (20) percent bonus; (f) No maximum development coverage, provided all setbacks and landscaping requirements are met; (g) Maximum Building Height. Eighty (80) feet for residential uses and sixty (60) feet for nonresidential uses. For mixed uses, the building height will be based on the use that predominately (fifty (50) percent or greater) occupies the structure. SECTION 11. Amend Chapter 20.94 of the Bremerton Municipal Code entitled “Employment Center”, by amending Subsections 20.94.060(b) and (c) as follows: 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless otherwise allowed by law: (a) Minimum front yard setback: ten (10) feet, except twenty (20) feet where abutting or across a public right-of-way from a residential zone; (b) Minimum side yard setback: zero (0) except when adjacent to the low and medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (c) Minimum rear yard setback: zero (0) except when adjacent to the low and medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b); (d) No maximum building coverage, provided all setbacks and landscaping standards are met; (e) No maximum development coverage, provided all setbacks and landscaping standards are 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; (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. SECTION 12. Amend Chapter 20.60 of the Bremerton Municipal Code entitled “Low Density Residential” by amending Section 20.60.010 as follows: 14 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket 20.60.010 INTENT. The intent of the low density residential (R-10) zoning district is to accommodate single- family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing, duplexes and townhouses, may be appropriate when responding to sensitive areas or with innovative design. Residential development at higher densities is encouraged at the edge of designated centers. SECTION 13. Amend Chapter 20.60 of the Bremerton Municipal Code entitled “Low Density Residential” by amending Section 20.60.020 as follows: 20.60.020 PERMITTED USES. Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless communications per BMC 20.46.140; (c) Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d) Day care facility of twelve (12) or fewer persons receiving care; (e) Education and schools (K-12) of twelve (12) or fewer students; (f) Foster home; (g) Group residential home; (h) Manufactured home per BMC 20.46.040; (i) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j) Residential Uses. (1) Single-unit dwelling unit, detached; (2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (3) Duplex that meets BMC 20.60.060(f); (4) Townhouse that meets BMC 20.60.060(f); (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met: (1) The incubated business is a use that is permitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. SECTION 14. Amend Chapter 20.60 the Bremerton Municipal Code entitled “Low Density Residential” by amending Section 20.60.060 as follows: 15 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket 20.60.060 DEVELOPMENT STANDARDS. (a) Lot Standards. Lot development requirements shall be in accordance with this section and the following standards unless allowed for by law otherwise: (1) Setbacks. (i) Minimum front yard setback is fifteen (15) feet; (ii) Minimum side yard setback is five (5) feet; (iii) Minimum rear yard setback is fifteen (15) feet. (2) Maximum structure height is thirty-five (35) feet. (3) Maximum structure height in (R-10) areas within the downtown regional center shall be pursuant to Figure 20.74(a) and shall supercedesupersede subsection (a)(2) of this section. (4) Minimum lot width is thirty (30) feet. (5) Maximum development coverage is sixty (60) percent. (b) Zero (0) Lot Line (ZLL) Development. An attached single-family dwelling and/or garage structure may have a single shared side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements. (c) Accessory Structures. The following standards shall apply but are not limited to: garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not requiring a building permit: (1) The maximum area for all accessory structures shall be eighty (80) percent of the principal residential use not to exceed one thousand two hundred (1,200) square feet. (2) Setbacks of detached accessory structures are pursuant to BMC 20.44.060. (d) Garages, Storage Buildings and Shops. (1) Any garage, storage building or shop structure shall be designed so that the appearance of the building remains that of a single-family residence including the following: (i) Constructed of similar materials as the principal unit; (ii) A roof of equal or greater pitch as the principal unit; (iii) A height no more than twenty-five (25) percent greater than the principal unit not to exceed thirty-five (35) feet. (2) Any garage, storage building, or shop may be exempt from the accessory structure size requirements provided it is contained within the principal unit. (3) Garage, Carport, and Shop Vehicle Entrance Setbacks. When the vehicle entrance faces the street, the garage, carport, or shop shall have a front yard setback of at least twenty (20) feet, except as provided in BMC 20.44.020 (Traditional front yard). (e) Lot Area for Parks and Schools. Parks and schools may exceed maximum lot area requirements if approved by a conditional use permit. (f) A duplex or townhouse may only be permitted as follows: (1) The underlying density of the zone is met; and (2) Within 500’ of a commercial district or center. SECTION 15. Amend Chapter 20.62 the Bremerton Municipal Code entitled “General Commercial” by amending Subsection 20.62.060(a) as follows: 16 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket 20.62.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback: ten (10) feet. At least sixty-five (65) percent of the building’s front facade must meet the maximum front yard setback. The setback may be increased if the Director finds that such increase is the minimum necessary to facilitate a superior site design. In order to obtain approval for an increased setback, the applicant shall submit a written analysis establishing how the project facilitates superior site design, is the minimum necessary, is consistent with specific goals and policies within the Comprehensive Plan, and is compliant with all applicable sections of the BMC. The following list identifies examples of circumstances where increased setbacks may be found to be appropriate: (i) When the site includes more than one (1) street frontage; (ii) To accommodate existing topography, utilities, or other physical site constraints that make compliance with the setback infeasible; (iii) To accommodate phasing of infill development; (iv) On sites that are significantly developed with existing legally established nonconforming uses or structures whereby strict code compliance will not facilitate effective circulation; or (v) For projects that in the opinion of the Director provide enhanced public amenities within the setback area which include, but are not limited to, the following: public plazas, increased landscaping, architectural features, improved pedestrian connections. (2) Minimum side yard setback: zero (0) except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (3) Minimum rear yard setback: zero (0), except when adjacent to the low or medium density residential zones (R-10 and R-10M) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC 20.50.050(b). (4) Maximum residential density: thirty (30) units per acre No residential density requirements; provided, that: (i) Site design provides for internal circulation connections for both pedestrians and vehicles between all portions of the site; (ii) Landscaping and/or screening adjacent to residential zones shall be provided per BMC 20.50.040(c). (5) Maximum building coverage: fifty (50) percent unless increased per subsection (b) of this section. In no case shall maximum lot coverage exceed seventy-five (75) percent. (6) Maximum development coverage is seventy-five (75) percent unless increased per subsection (b) of this section. In no case shall maximum lot coverage exceed ninety-five (95) percent. (7) Maximum height: forty-five (45) feet, except that structures within one hundred (100) feet of the low or medium density residential zones (R-10 and R-10M) shall not exceed thirty-five (35) feet in height. 17 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket (8) Maximum building heights within the downtown regional center are pursuant to the Downtown Subarea Plan and shall supersede subsection (a)(7) of this section. (b) A development that provides the following may have its maximum development and lot coverage increased by adding bonus percentages to the maximum base area percentage, provided the total does not exceed the maximum allowed above: (1) Commercial/residential mixed use development: twenty (20) percent bonus; (2) Development containing seventy-five (75) percent of the building footprint with three (3) and four (4) story buildings: ten (10) percent bonus; (3) Ten (10) percent bonus if a sidewalk ten (10) feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel; (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: five (5) percent bonus; (5) Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: twenty (20) percent bonus. SECTION 16. The City of Bremerton Zoning Maps #1, #2, #3, and #4 adopted by Ordinance 5301 located within Title 20 of the Bremerton Municipal Code, are hereby amended as set forth in Exhibit A. The amendments are described as follows:  Zoning Map #1 and #2: Revise abbreviation for Medium Density Residential;  Zoning Map #1: Related to the rezone of 3027 Olympus Drive; and  Zoning Maps #3 and #4: Related to the rezone of the area adjacent to Kitsap Way and Highway 3. SECTION 17. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 18. 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 ____________________, 2018. ERIC YOUNGER, Council President 18 Zoning Code Amendments for the 2018 Comprehensive Plan Amendment Docket Approved this ___________ day of ____________________, 2018. GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2018. EFFECTIVE the _________day of ______________________, 2018. ORDINANCE NO. 5364 Ordinance 5364: Exhibit A Updated Zoning Maps #1, #2, #3, and #4 Attached are all the Zoning Code Maps which will be updated for the 2018 Comprehensive Plan Amendment Docket