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Home My WebLink About05/04/2022 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * ** A M E N D E D * * * WEDNESDAY, MAY 4, 2022 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting.The Chambers remains closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live Members of the publicare invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/86255504765?pwd=d2h0YU81SjhXT2UyeDB6emh5Z21pZz09 Or One tap mobile: US: US: +12532158782,,86255504765#,,,,*173061# or +16699006833,,86255504765#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 312 626 6799 or +1 929 205 6099 Webinar ID: 862 5550 4765 Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1.CALL TO ORDER: 5:30 P.M. 2.MAYOR'S REPORT 3.PUBLIC RECOGNITION 4.CONSENT AGENDA A.Claims and Check Register B.Minutes of Meeting April 20, 2022 C.Minutes of Study Session April 27, 2022 D.Professional Services Agreement with Robinson Noble, Inc. for Water Rights and Hydrogeological Technical Support E.Confirm Appointment of Lynn Horton to the Arts Commission F.Confirm Appointment of Emerald Lessley to the Arts Commission G.Confirm Appointment of Ed Coviello to the Planning Commission H.Professional Services Agreement with Camino, Inc. for an improved online Permitting Application Process I.Ordinance No. 5448 5. GENERAL BUSINESS A. Professional Services and Funding Agreement with the Downtown Bremerton Association for the Mainstreet America Program 6. PUBLIC HEARINGS A. Public Hearing on Ordinance No. 5449 adopting revisions to the Eastside Village Subarea Plan; and adopting the Design Review Board Process 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING setting - founded Project Motivate to help students with motivation and - Attends Bremerton High School; Accepted to Stanford UniversityPlans to pursue a career in the field of mathematicsActive in student government, honor society and model UN CogoalHas earned AP Scholarship Award with Distinction, National Merit Commended Scholar, among other awards Received the Washington State Seal of Biliteracy (Spanish/English) ••••••The Mayor’s Youth Leadership Award recognizes outstanding students in the Bremerton district! 500 Scholarship 2022 Mayor’s Youth Leadership Award Recipient$Congratulations!ANDREW KEHM $584,222.73 City HOME$219,254.15 Kitsap County HOME –– Funding is for Construction of the utility connections. Project has also been funded with Kitsap County and City of Bremerton HOME funds: •• water sewer stormwater -- - Onsiteextension/service linesOnsiteextension/service lines Onsitehandling (roof tops elements)Permeable pavement with subsurface drainage Construction of Infrastructure to support the following: •••• Funding is for:• . The City is preparing to improve its broadband and cable services. As the City focuses on renewing its current cable television franchises, we are looking for improvements that will help our residents. We want to know the cable television, internet, and broadband services needs and interests of our citizens.The best way to let us know is to take our Telecommunications Survey!Tell us know what’s needed in the future and what improvements would help in our community. City Seeks Community Feedback about Cable Television, Broadband and Internet Service The survey will be open until June 17. We will be placing paper copies at our local libraries, Olympic College and Kitsap Community Resources. Residents can take the survey online at www.BremertonWA.gov/CableSurvey A total of 78 participants played for 5 spots; the five will advance to the final qualifying at Pronghorn Resort in Bend, ORMost of participants from Washington, with others coming from Oregon, California, Arizona, Massachusetts, Canada, Mexico, and SingaporeWe host several of Washington Golf’s guaranteed winter series and team Championships, which allows us the opportunity to host this prestigious eventLast hosted in 2018, scheduled to host in 2020 but delayed due to pandemic until this yearComprised of Air Force, Boise State, Colorado State, Fresno State, Nevada, New Mexico, San Diego State, San Jose State, Utah, UNLV, and Wyoming5 players competed from each college in each round, taking the 4 best scores each day for the ChampionshipSpectators and visitors stayed at local hotels and ate in Bremerton for 5 daysThe Championship event allows us to showcase our golf course and our region! May 1 - •••••••• Gold Mountain Golf Course Event Update U.S. Open Qualifier Monday, April 25 The Mountain West Conference Championship April 27Thank you to our Gold Mountain Golf Course staff for getting the course in great shape for these events! - Way - Kitsap - https://www.bremertonwa.gov/1262/West . Study - West Kitsap Way Study SR 3 to Chico Way For more information on the project, visit Planning CHAD MELTON President, St. Michael Medical Center & President, Board of Directors, St. Michael Medical Center AGENDA BILL CITY OF BREMERTON 4A CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: May 4, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 397968-398167 and Electronic Fund Transfers V35069-V35155 in the grand total amount of $ 1,734,314.22 2. Regular Payroll for pay period April 15, 2022 in the amount of $961,530.44 3. Regular Payroll for payouts for pay period April 15, 2022 in the amount of $2,822.63 4. Retiree Payroll for pay period April 30, 2022 in the amount of $47,335.91 ATTACHMENTS: 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 the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4B CITY COUNCIL SUBJECT: Minutes of Meeting Study Session Date: N/A April 20, 2022 COUNCIL MEETING Date: May 4, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on April 20, 2022 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the April 20, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 20, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, April 20, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. President Goodnow announced that the City Council is conducting the Council Meeting via Zoom, and all Council Members and staff will be participating remotely. Mayor Wheeler Provided an update on projects taking place at Kitsap Lake Park, Haddon Park, Pendergast Regional Park, and Lions Park; and Announced the ribbon cutting ceremony would be held for the opening of the Bremerton Farmers Market tomorrow on Thursday, April 21 at 4:00 PM. PUBLIC RECOGNITION Comments from the public were submitted by Jeff Campbell CONSENT AGENDA 5A Claims & Check Register: Check Numbers 397793 through 397967 and EFT-V34979 through EFT-V35068 in the grand total amount of $2,910,984.58 5B Minutes of Meeting April 6, 2022 5C Minutes of Special Meeting April 13, 2022 th 5D Local Agency Professional Services Agreement with Parametrix, Inc. for Design of the 6 Street Pavement Preservation Phase 3 Project 5E Water Quality Combined Financial Assistance Agreement with the WA State Department of Ecology for Bremerton Watershed Planning 5F Resolution No. 3345 rescinding Resolution No. 3099; and establishing a Small Public Works Roster Process 5G Resolution No. 3346 acknowledging Match to Surface Transportation Program (STP) Federal Grant Funds for the SR 303 Phase 2 Corridor Improvements Project 5H Resolution No. 3347 acknowledging Match to Surface Transportation Program (STP) Federal Grant Funds for the 11th Street Roadway Preservation Project 5I Goods & Services Agreement for a Sole Source Purchase of High Flow Pumps from APSCO, LLC for Lift Station EB-2; and related Budget Amendment 5J Professional Services Agreement with Kennedy Jenks for a Wastewater Comprehensive Plan Amendment Comments from the public were submitted by Jeff Campbell 5:40 M/S/C/U (Mockler/Coughlin) Move to approve the C ONSENT A GENDA as presented. COUNCIL MEMBER REPORTS Eric Younger expressed concern upon learning a long-time friend and viewer of Council Meetings had stage 4 brain cancer. He wished him well, and would be reaching out soon. City Council Reg. Mtg. Minutes Wednesday, April 20, 2022 Page 2 of 2 Anna Mockler expressed her appreciation to Public Works for the new 4-way stop recently th installed at 13 & Wycoff; and in recognition of National Poetry Month, read Beginning by Wislawa Szymborksa. Quinn Dennehy thanked Council Member Younger and Mockler for sharing, and also announced the located at 408 Pacific Ave, Bremerton. Jeff Coughlin wondered if there was any other use for the iconic Manette Radio sign; announced several upcoming events including the Bremerton Farmers Market Opening Day on Thursday, April 21; Arbor Day Tree Planting on Friday, April 22; and the Spring Curb Alert on Saturday, May 7, an event where Manette neighborhoods give away free items at curbside. Denise Frey has really enjoyed the conversations with District 2 constituents during continued walks in her district; acknowledge that she is currently in California for a visit with family; and expressed appreciation with Community Development Director Andrea Spencer and Planning Manager Garrett Jackson for taking the time to meet with her. Jennifer Chamberlin looking forward to helping out with Arbor Day; was happy the Blueberry Park pea patch . She too was sad that La Familia left the City but understands the regulations in place to keep the public safe. Michael Goodnow reminded interested volunteers about the Charleston Clean-Up on Saturday, April 23, expressed excitement with the new Mediterranean Market, and was happy to have a chance to visit with his son who happened to be in Seattle for his work. President Goodnow provided a reminder that until further notice, meetings will continue to be held remotely, including the Study Session next Wednesday, on April 27 at 5:00 PM meeting to remain connected via Zoom if you wish to listen in for a 1-hour Study Session which will include a presentation from the City Attorney on the as time allows, . With no further business, President Goodnow adjourned the Council Meeting at 5:55 PM. President Goodnow adjourned the Study Session at 7:27 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 4 day of May, 2022. ________________________________________ MICHAEL GOODNOW, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4C CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A April 27, 2022 COUNCIL MEETING Date: May 4, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on April 27, 2022 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the April 27, 2022 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, April 27, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, April 27, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Anna Mockler, Quinn Dennehy (arrived at 8:18 PM), Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Council Member Eric Younger was absent. Also present were Legislative Office Manager Lori Smith and IT Manager Dave Sorensen. President Goodnow established that the City Council is conducting the Study Session via Zoom, and that all Council Members and staff will be participating remotely. He further established that the Study Session is open for the public to listen-in, there will be no opportunities for input; the content of these items is subject to change; If approved by the Council, these items will be placed on the May 4, 2022 City Council Virtual Meeting A. BRIEFINGS on AGENDA BILL ITEMS 1. Professional Services Agreement with Robinson Noble, Inc. for Water Rights and Hydrogeological Technical Support Consent Agenda 2. Professional Services and Funding Agreement with the Downtown Bremerton Association for the Mainstreet America Program General Business 3. Confirm Appointment of Lynn Horton to the Arts Commission Consent Agenda 4. Confirm Appointment of Emerald Lessley to the Arts Commission Consent Agenda 5. Confirm Appointment of Ed Coviello to the Planning Commission Consent Agenda 6. Professional Services Agreement with Camino, Inc. for an improved online Permitting Application Process Consent Agenda 7. Proposed Public Hearing on Ordinance adopting revisions to the Eastside Village Subarea Plan; and adopting the Design Review Board Process 8. Presentation on the 2020 Census and Council Redistricting Information Only 9. Ordinance amending Chapter 2.18 of the Bremerton Consent Agenda President Goodnow 10. Resolution repealing Resolution No. 3344, and adopting updating the Bremerton City Council Rules and Procedures B. GENERAL COUNCIL BUSINESS o Race Equity Advisory Committee Briefing (Last meeting 4/14/2022) Chair Quinn Dennehy o Public Works Committee Briefing (Last meeting 4/19/2022) Vice Chair Anna Mockler o Audit Committee Briefing (Last meeting 4/25/2022) Chair Jeff Coughlin o Finance, Investment & Parking Committee Briefing (Last meeting 4/26/2022) Chair Jennifer Chamberlin o Other General Council Business was discussed. City Council Study Session Minutes Wednesday, April 27, 2022 Page 2 of 2 President Goodnow announced that all meetings will continue to be held remotely until further notice, including the next Council Meeting on Wednesday, May 4, 2022, beginning at 5:30 PM. With no further business, the Study Session was adjourned at 9:00 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 4 day of May, 2022. MICHAEL GOODNOW, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 4D CITY COUNCIL SUBJECT: Study Session Date: April 27, 2022 Professional Services Agreement with COUNCIL MEETING Date: May 4, 2022 Robinson Noble, Inc. for Water Rights and Department: Public Works & Utilities Hydrogeological Technical Support Presenter: Teresa Smith Phone: (360) 473-2347 SUMMARY: This agreement provides completion of the groundwater production impact modeling and mitigation plan as required by Washington State Department of Ecology water right preliminary permits for Wells 9, 21, and 22 (Task 1). The agreement also provides on-call hydrogeological services in support of production well operations and maintenance (Task 2). ATTACHMENTS: Professional Services Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): $115,000 from the Water Utility Operations Professional Services Budget. No budget additions or changes required. 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 with Robinson Noble, Inc. in an amount not to exceed $115,000, 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 11/09/2021 PROFESSIONAL SERVICES AGREEMENT Water Rights and Hydrogeological Technical Support The City of Bremerton (“City”) and Robinson Noble, Inc.(“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope:The Consultant agrees to perform the services more specifically described in the Scope of Work, datedApril 8,2022, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.Hof this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.Aof 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 $115,000. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensationshall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 IV.Relationship of Parties:Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant,Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V.Indemnification: 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 inconnection with the performance of this Agreementexcept 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 AnyOther Professional Listed In and Performing Services Defined in RCW 4.24.115.Should a court of competent jurisdiction determine that Consultant’s services provided pursuanttothis 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 negligenceof 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 Page 2of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 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. 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 Insuranceevidencing: 1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liabilityinsurance 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 Liabilityinsurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4.Professional Liabilityinsurance with limits no less than $1,000,000 limit per occurrence/claim; and 5.Workers Compensationinsurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limitsnot less than $1,000,000. Any payment of deductible or self-insuredretention 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 namedas 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. Page 3of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 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 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 th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 100, Bremerton, WA 98337 within two daysof 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the Citycopies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 with respect to the project and are the property of the City. Any reuse by the City for otherthan 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. 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 Tacoma, 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:Cami ApfelbeckAttn:James E. Hay City of BremertonRobinson Noble, Inc. 100 Oyster Bay Ave N2105 South C Street Bremerton, WA 98312Tacoma, WA 98402 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. Page 5of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 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. 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.Equal Employment Opportunity Statement:In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX.ADA Statement:The City of Bremerton does not discriminate on the basis ofdisability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act.This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton.Reasonable accommodation for employees or applicants for employment will be provided. X.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 theScope 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. Page 6of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 A.Excusable Delays:The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination:In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI.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 itis or has become ineligible for certification. Should Consultantenter 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 notdebarred, suspended, ineligible,excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY:CONSULTANT: CITY OF BREMERTONROBINSON NOBLE, INC. By:By: Print Name:Greg WheelerPrint Name:James E. Hay Its:MayorIts:Principal Hydrogeologist Date:Date: Page 7of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 APPROVED AS TO FORM:ATTEST: By:By: Kylie J. Finnell,Bremerton City AttorneyAngela Hoover,City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 09 2021.docx Page 8of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 EXHIBIT A SCOPE OF WORK April 8, 2022 Water Rights and Hydrogeological Technical Support TASK 1–Support of water right application preliminary permits for Wells 9, 21, and 22 to include: Finalization of acombined technical memorandum summarizing the steady-state modeled impacts of each water right application. Meetingswith Department of Ecology, Tribes, and City staff to discuss model results, proposed transient-state modeling for Well 22, and the mitigation plan. Transient-state modeling for Well 22. A mitigation plan to offset modeled impacts, developed with City staff. Preparation of a final technical report detailing aquifer tests (if any), groundwater modeling, and the mitigation plan. Subsequent revisions to the mitigation plan, if needed, based on Department of Ecology and stakeholder responses or mitigation project feasibility issues. TASK 2–General hydrogeological technical assistance as needed. Page 9of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 EXHIBIT B WORK SCHEDULE Work described in this contract will commence upon signing of this contract. he final technical report for the preliminary permits detailing aquifer characteristics, T groundwater modeling, and the mitigation planmust be ready for submittal to Department of Ecology before January 30, 2023. Subsequent revisions to the mitigation plan, if needed, will take place following Department of Ecology and stakeholder responses to the technical report. Page 10of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 EXHIBIT C FEE SCHEDULE Page 11of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 Page 12of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 Page 13of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 Page 14of 14 Bremerton/Robinson Noble, Inc. Water Rights & Hydrogeological Technical Support Rev. 09/2021 AGENDA BILL CITY OF BREMERTON 4E CITY COUNCIL SUBJECT: Confirm Appointment of Lynn Study Session Date: April 27, 2022 Horton to the Arts Commission COUNCIL MEETING Date: May 4, 2022 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Lynn Horton to Position #6 on the Bremerton Arts Commission. . The term expires December 31, 2024. Ms. Horton has been a resident for 40+ years. ATTACHMENTS: Ms. Hortonapplication to the Commission FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Lynn Horton to the Arts Commission for the term expiring December 31, 2024. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4F CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: April 27, 2022 Emerald Lessley to the Arts Commission COUNCIL MEETING Date: May 4, 2022 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Emerald Lessley to Position #6 on the Bremerton Arts Commission resignation. The term expires December 31, 2024. Ms. Lessley is a two-year resident. ATTACHMENTS: Ms. Lessley application to the Commission FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Emerald Lessley to the Arts Commission for the term expiring December 31, 2024. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4G CITY COUNCIL SUBJECT: Confirm Appointment of Ed Study Session Date: April 27, 2022 Coviello to the Planning Commission COUNCIL MEETING Date: May 4, 2022 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Ed Coviello to the Planning Commission. Mr. Coviello is being appointed to Position 3 of the Commission, with a term that ends on December 31, 2023. This is a partial term due a resignation of a member (Councilmember vacated position). Mr. Coviello is a seven-year resident of Bremerton who has a background in Transportation and Land Use planning. ATTACHMENTS: Application to the committee is FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: Limited PresentationFull Presentation STUDY SESSION ACTION: Consent Agenda General BusinessPublic Hearing RECOMMENDED MOTION: Move to confirm the appointment of Ed Coviello to the Planning Commission for Position 3 with the term expiring December 31, 2023. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 AGENDA BILL CITY OF BREMERTON 4H CITY COUNCIL SUBJECT: Study Session Date: April 27, 2022 Professional Services Agreement with COUNCIL MEETING Date: May 4, 2022 Camino, Inc. for an improved online Department: DCD Permitting Application Process Presenter: Andrea Spencer Phone: (360) 473-5283 SUMMARY: Since early 2020 the City began requiring all permit applications to be submitted online. Our permitting system does not have the ideal online user-interface and it was desirable to find a software solution to assist our customers to make the application process easier. During the development of the 2022 Budget $50,000 was set-aside to fund a software solution to improve our online application portal. We have researched available solutions and looked to other agencies in Kitsap and determined that Camino Inc. had the best solution that would work well for our applicants and staff. Kitsap County and Bainbridge Island are local agencies that also use Camino Inc. services for their online applications. Community Development would like to move forward with a professional services contract with Camino Inc. to improve the online permit application portal. ATTACHMENTS: Professional services contract with Camino Inc. Exhibit A: Summary of Service, Appendix A Software Terms & Conditions, Appendix B - Fees FISCAL IMPACTS (Include Budgeted Amount): DCD budget has an annual budget of $50,000 set aside for this proposal. This is a three-year contract, with the option of ongoing renewal of subsequent twelve-month terms. The first year of implementation it is anticipated to have an annual cost not to exceed $26,000 and the following two years are anticipated to have an annual cost of $21,000. The City assesses a technology fee on most permits that helps offset costs of permitting software annual fees. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the contract with Camino Inc. for online permitting application process 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 11/09/2021 PROFESSIONAL SERVICES AGREEMENT \[Permit Guide/Application Portal and ID number.\] Camino Software I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated _____________, 20__, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section 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 Appendix A; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant detailed in Appendix B of Exhibit A. 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. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. 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 Page 1 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 of expertise. Consultant and its personnel are independent Consultants and not employees of the 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 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 , unless Consultant is conducting work pursuant to Subsection B below. The Consultant's indemnification against damages and expenses shall at no point exceed the total liability insurance limit required by this Agreement ($1,000,000). 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 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 Page 2 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 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. 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. Cyber Liability insurance with limits not less than $1,000,000 limit per occurrence and $2,000,000 aggregate; and 4. 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. - 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 3 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by th responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 _San Francisco, California. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than Page 4 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 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. 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 San Francisco, California. 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: Andrea L. Spencer Camino, Inc. City of Bremerton 2261 Market Street #4302 th 345 6 Street, Suite 100 San Francisco, CA 94114 Bremerton, WA 98337-1891 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 Page 5 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 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. 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. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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) -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, Page 6 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. 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, DCD CAMINO, INC. By: By: Print Name: Greg Wheeler ____ Print Name: Nate Levine__________ Its: Mayor____________________ Its: CSO_______________________ Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Professional Services Agreement Rev. 09 2021.docx Page 7 of 7 Bremerton/\[Camino Inc.\] \[Permit Guide/Application Portal\] Rev. 09/2021 Exhibit A March 2022 Proposal for Bremerton, WA Permit Guide / Application Portal Exhibit A Summary of Solution Camino is a web-based solution that improves the customer experience for permit and licensing processes. Camino software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined below. Camino Guide Summary: - starting a building project. After first answering a series of questions, applicants will automatically receive a customized guide containing their timeline, fees, and process for successful project completion. The Guide will also integrate with existing GIS systems to let the applicant know whether their project is allowed in the selected zone. By making every applicant an expert, the Camino Guide reduces errors, frees up valuable staff resources, and flags any potential issues at the outset to ensure a faster process. Features: An online portal where residents can create an account and view current and historical projects. An intelligent Guide that will ask applications a series of questions about their building project and informs them where it is allowed and whether a permit or license is required. If a permit or license is required, the Guide will generate a customized checklist of steps for the applicant to follow, complete with detailed instructions. The Guide will automatically check for zoning compliance and any other geographic factors. The agency will be able to track all Guides that are created. The agency will be able to configure and manage the Guide through an entirely self-service administrative panel. Enhancements for Application Intake: This solution adds functionality to the Camino Guide allowing it to accept digital applications, documents and fees. All features integrate seamlessly with the Camino Guide, taking the applicant from the research phase all the way through starting their project. Applicants will be able to upload files directly to a required step in the Camino Guide. Applicants will be able to fill out digital forms when required by a given step. The values collected from these forms can be exported for each Submission. Review staff will be able to send an application back for changes, or mark applications as approved, rejected, or closed. Applicants and review staff will be able to communicate directly through Camino with our integrated messaging feature. Additional Scope: No additional scope at this time Camino1 Exhibit A Implementation and Support Package (select one of the two options below) \[ \] Self-Service Implementation For this project the customer will be configuring their own Camino implementation with guidance from the Camino access to all system configuration options including: Project Type Editor Guide Step Editor Rule Builder GIS Rule Configuration Rich Text and Content Editing The self-service implementation includes: 5 hours of training for agency staff. 1 hour per week of email, zoom or phone support for the first three months of the agreement. 1 hour per month of support after the first three months. Camino assistance with GIS layer import. Access to Camino knowledge base. \[x\]Camino-led Implementation For this project Camino will be leading and performing system configuration work during the implementation. A Camino Implementation Manager will suggest the best service package based on the project scope (for details see Appendix B Pricing). The service package will include: Everything covered under the Self-Service option above. A fixed number of hours that can be used in year one for system configuration, staff training and process mapping. Additional hours in future years to add system functionality, make changes to the existing configuration and train new staff. At the start of the implementation Camino will create a project plan with milestones. If the number of service hours exceeds the selected package the customer can upgrade their package or purchase additional hours. Camino2 Exhibit A Customer Service Service Level Agreement Camino offers a web-based platform that is accessible from all major desktop web browsers. Camino currently works on browser versions that are still supported by their parent company. As of the date of this proposal, the list of supported browsers (on Windows, OSX, or Linux) is: Chrome Firefox Internet Explorer / Edge Safari Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled maintenance and updates, but never during the hours of 8am-6pm, M F. In the event that Camino ceases operations during the term of this agreement, Camino will (upon request) provide the customer with a full export of all customer data within 30 days of the request. Technical Support Services Camino will assign an Account Manager to assist with onboarding, training, and ongoing support. This representative will be the customer primary point of contact for all requests and issues. In order to initiate a technical support ticket, the customer must email support@camino.ai, or their designated Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA. Camino uses the following incident response levels: Level 1: Mission critical error that prevents users from accessing or using the system. Level 2: A critical feature is broken. Level 3: All other bugs or errors. When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The response will include a support ticket and estimated time to fix. Camino targets the following fix times: Level 1 incident: 24 hours. Level 2 incident: 48 hours. Level 3 incident: 5 days. Training Camino will provide one kick-off meeting at the beginning of the implementation and up to five hours of staff training. The customer can include whichever staff they choose in this training session. Camino will run a monthly, two-hour virtual training webinar that all customers can access for free. Training content will be determined by the needs of the participants. Camino3 Exhibit A CAMINO INC. SOFTWARE SERVICES AGREEMENT Organization Contact Billing Contact (If Different) Customer Name: City of Bremerton (DCD) Sarah Lynam Contact Name: Stuart Anderson th Address: 345 6 St Bremerton, WA 98337 Telephone: (360)473-5275 stuart.anderson@ci.bremerton.w Email: a.us Effective Date: \[ \] Scope of Agreement: As outlined in the above proposal. Fees: Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in the Summary. Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino, Inc., with its principal place of business at 2261 Market Street #4302 San Francisco, CA 94114 ("Camino"}, and you, the entity identified above ("Customer"}, as of the Effective Date. This Agreement includes and incorporates the Camino Terms and Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the Camino Terms and Conditions. Customer Camino Signature: Printed Name: Nate Levine Title: CSO Date: Camino4 Exhibit A Appendix A Camino Terms and Conditions 1.SOFTWARE SERVICES 1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable Software Agreement entered into by Camino and Customer ("Software Agreement"). 1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant data, feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be extended appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such materials. Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's failure to meet these obligations. 2.RESTRICTIONS AND RESPONSIBILITIES 2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber rights to the Software Services; or remove any proprietary notices. 2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but not limited to, any export restrictions). 2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to, access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent. 3.OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature) therein. 3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties. Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party. Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's fees, finally awarded against Customer in such actions. 4.CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent. "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). Camino's Confidential Information includes, without limitation, the software underlying the Software Services and all documentation relating to the Software Services. "Confidential Information" does not include "Public Data," which is data that the Customer has previously released or would be required to release Camino5 Exhibit A according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5.PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement. Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45 days after the Effective Date). 6.TERM & TERMINATION 6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date and shall continue for a period of thirty-six (36) months. At the termination of the initial term, the Customer will have the option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual basis for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable term, without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this Agreement immediately upon notice. Customer reserves the right to cancel and terminate this agreement, without cause, upon thirty (30) days written notice to Camino. 6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. 6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 7.WARRANTY AND DISCLAIMER 7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance with generally prevailing industry standards. 7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection with the Software Services" will not violate the rights of any third party. 7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Camino6 Exhibit A 8.LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9.MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject to Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or transferable by either party without the other party's prior written consent, provided however that either party may assign this Agreement to a successor to all or substantially all of its business or assets. All waivers and modifications must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. 10.INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance: 10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. 10.2 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability: (1)Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and (2) Primary Property Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence. 10.3 Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Appendix B Camino7 Exhibit A Fees Item Includes Cost Camino Guide Unlimited external users$10,000 / year (information only) Includes unlimited building project types Features outlined in proposal Application Intake Adds digital form and data$6,000 / year collection functionality Adds document upload Adds fee processing (if desired) Service Package $5,000 / one time only Includes \[75\] hours for Year 1 Service Package Option for Year 2 Includes 30 hours per year$5,000 / year and beyond Camino8 AGENDA BILL 4 I CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5448 amending Study Session Date: April 27, 2022 Bremerton Municipal Code (BMC) Chapter COUNCIL MEETING Date: May 4, 2022 and City Department: Legal Presenter: Kylie Finnell Phone: (360) 473-2335 SUMMARY: The proposed Ordinance amends Chapter 2.18 of the Bremerton Municipal Code entitled Committee and City . ATTACHMENTS: 1) Ordinance No. 5448 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 approve Ordinance No. 5448 amending Bremerton Municipal Code (BMC) Chapter 2.18 COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 ORDINANCE NO AN ORDINANCEof the City Council of the City of Bremerton, Washington, amending Chapter 2.18 of the Bremerton Municipal Code entitled “Audit Committee and City Auditor.” WHEREAS, the current provisions of Chapter 2.18 of the Bremerton Municipal Code relating to the Audit Committee does not address the residency requirements of the independent certified public accountant; and WHEREAS, to effectively recruit an independent certified public accountant, the applicant pool needs to be extended beyond City residents; and WHEREAS, due to the difficulty in finding an independent certified public accountant it is not advantageous to only fill a vacancy with the remainder of the three-year term; and WHEREAS, the City Council desires to amend the provisions of Chapter 2.18 relating to the Audit Committee in order to allow the appointment of a non-resident independent certified public account and to amend the length of term for the filling of a vacancy in the position of the independent certified public accountant; NOWTHEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Chapter 2.18 of the Bremerton Municipal Code entitled "Audit Committee and City Auditor" is hereby amended to read as follows: Chapter 2.18 AUDIT COMMITTEE AND CITY AUDITOR 2.18.010AUDIT COMMITTEE MEMBERSHIP. (a)Pursuant to Article III, Section 18 of the Charter of the City of Bremerton (“City Charter”), there shall be an Audit Committee consisting of three (3) designated members (“designated members”) and two (2) selected members (“selected members”) for a total of five (5)members as follows: (1)Designated Members. Two (2) Council members and an independent certified public accountant designated by the City Council; and (2)Selected Members. Two (2) residents of the City of Bremerton selected by the designated members of the Audit Committee. (b)The designation of the Council members to the Audit Committee shall be by the Council President. The designation of the certified public accountant to the Audit Committee shall be by majority vote of the City Council. The selection of the two (2) residents of the City of Bremerton shall be by majority vote of the designated members of the Audit Committee. Page 1 of 3 City Ordinance Form BMC 2.18 Rev. 09/2021 Audit Committee and City Auditor (c)The independent certified public accountant need not be a resident of the City of Bremerton. 2.18.020COMMITTEE MEMBER TERMS. (a)Audit Committee members shall serve terms as follows: (1)The two (2) Council members designated by the City Council shall serve one (1) year terms, or less if the current term of their elected office expires earlier. (2)The independent certified public accountant designated by the City Council shall serve a three (3) year term.The term of an independent certified public accountant appointed pursuant to subsection (b) of this section shall commence upon appointment by the City Council. (3)The two (2) City of Bremerton residents selected by the designated members of the Audit Committee shall serve terms asestablished by the Committee. (b)In the event that any member does not serve a full term, either by resignation or removal,the vacancy shall be filleda replacement shall be designated or selected, as applicable, by the original appointing authorityin the manner provided in BMC 2.18.010.to serve the remainder of the term. 2.18.030CITY AUDITOR. (a)Pursuant to the City Charter, the Audit Committee shall appoint the City Auditor to serve at the pleasure of the Audit Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. (b)The City Auditor shall report to the Audit Committee. In carrying out duties and responsibilities, the City Auditor shall have full, free and unrestricted access to all City records, property and personnel, unless such access is prohibited by law. Additionally, access to confidential and/or security related documents or operations may be restricted or prohibited as determined by the City Attorney based on his/her legal opinion. (c)The City Auditor has the same responsibility and authority as adepartment head in managing the finances and operation of the City Auditor’s office. SECTION 2.Corrections.The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correctionof scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 affect the validity ofthe 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. Page 2of 3 City Ordinance Form BMC 2.18 Rev. 09/2021 Audit Committee and City Auditor PASSED by the City Council the___________ day of ____________________, 20___. _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 20___. _________________________________ GREG WHEELER, Mayor ATTEST:APPROVED AS TO FORM: ___________________________________________________________________ ANGELA HOOVER,City ClerkKYLIE J. FINNELL, City Attorney PUBLISHED the________ day of ______________________, 20__. EFFECTIVE the________ day of ______________________, 20__. ORDINANCE NO. ________. R:\\Legal\\Legal\\Ordinances\\City Council\\2022.04.21 Ordinance -Chapter 2.18 -Audit Committee and City Auditor.docx Page 3of 3 City Ordinance Form BMC 2.18 Rev. 09/2021 Audit Committee and City Auditor AGENDA BILL 5A CITY OF BREMERTON Item pulled CITY COUNCIL SUBJECT: Professional Services and Study Session Date: April 27, 2022 Funding Agreement with the Downtown COUNCIL MEETING Date: May 4, 2022 Bremerton Association for the Mainstreet Department: Financial Services America Program Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City of Bremerton and Downtown Bremerton Association (DBA) wish to enter into a Professional Services and Funding Agreement for the Mainstreet America Program Activities. This is a cooperative effort in which the City will reimburse DBA for implementing Mainstreet America Small Business Marketing and support the addition of a full-time Executive Director. The funds will assist DBA as it administers the Mainstreet America program services. ATTACHMENTS: 1) PSA and Funding Agreement between the City of Bremerton and DBA FISCAL IMPACTS (Include Budgeted Amount: Included in the 2022 Budget and not to exceed amount of $50,000. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services and Funding Agreement with Downtown Bremerton Association, 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 PROFESSIONAL SERVICES AGREEMENT \[DOWNTOWN BREMERTON ASSOCIATION MAINSTREET AMERICA PROGRAM FUNDING\] The Downtown Bremerton Association or professional services: I. Scope: DOWNTOWN BREMERTON ASSOCIATION shall provide the operations of the Mainstreet America Program for the benefit of the City of Bremerton. The Mainstreet America Program Funding description of services, attached hereto as Exhibit A, sets forth the terms of their agreement. The City's role in this Agreement is only funding of expenses up to the compensation amount. II. Term: The City and the DOWNTOWN BREMERTON ASSOCIATION 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 by December 31, 2022, 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 DOWNTOWN BREMERTON ASSOCIATION in an amount not to exceed $50,000. DOWNTOWN BREMERTON ASSOCIATION shall submit an invoice supported by board approved budget statements and a description of the line item expense detailing the services for which DOWNTOWN BREMERTON ASSOCIATION has contracted and the amount paid for DOWNTOWN BREMERTON ASSOCIATION by members for Mainstreet America activities during the program year of 2022. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. DOWNTOWN BREMERTON ASSOCIATION shall not be reimbursed for work beyond the scope of this Agreement, unless the Scope is modified pursuant to section VI herein. 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 DOWNTOWN BREMERTON ASSOCIATION of its obligations under this Agreement. IV. Relationship of Parties: DOWNTOWN BREMERTON ASSOCIATION 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. DOWNTOWN BREMERTON ASSOCIATION and its personnel are independent entities and not employees of the City. DOWNTOWN BREMERTON ASSOCIATION and its personnel have no authority to bind the City or to control 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 Page 1 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 DOWNTOWN BREMERTON ASSOCIATION. DOWNTOWN BREMERTON ASSOCIATION will be solely and entirely responsible for its acts and for the acts of DOWNTOWN BREMERTON ASSOCIATION's agents, employees, representatives and sub- contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other contractors independent of the DOWNTOWN BREMERTON ASSOCIATION to perform the same or similar work. As an independent entity, DOWNTOWN BREMERTON ASSOCIATION is responsible for its is Agreement shall not be deemed an exercise of managerial control over DOWNTOWN BREMERTON ASSOCIATION or its personnel. As an independent entity, DOWNTOWN BREMERTON ASSOCIATION 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 DOWNTOWN BREMERTON ASSOCIATION. . 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 , 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 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. Page 2 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 The provisions of this section shall survive the expiration or termination of this Agreement. 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. 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 2. Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and . Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. - acceptable, with an extended-reporting period or "tail" coverage for a three-year period after completion of the service, upon approval from the City. 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. DBA'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. if required policies cannot be provided on a - an extended-reporting period or "tail" coverage for a three-year period after completion of the service, upon approval from the City. Page 3 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 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 operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub- responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 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 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. 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 Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. 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: Contracts Administrator Attn: John Morrissey City of Bremerton Downtown Bremerton Association th 345 6 Street, Suite 100 PO Box 245 Bremerton, WA 98337-1891 Bremerton, WA 98337 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. Page 5 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 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. 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. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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) -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. Page 6 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. 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 DOWNTOWN BREMERTON ASSOCIATION By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Page 7 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk EXHIBIT A: DESCRIPTION OF SERVICES The Downtown Bremerton Association will use the Mainstreet Program funding to hire an Executive Director and to implement on-going City of Bremerton marketing programs in support Page 8 of 8 Bremerton/\[Downtown Bremerton Association\] \[Mainstreet Program\] Rev. 09/2021 AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Study Session Date: April 27, 2022 Public Hearing on Ordinance No. 5449 COUNCIL MEETING Date: May 4, 2022 adopting revisions to the Eastside Village Department: DCD Subarea Plan; and adopting the Design Presenter: Garrett Jackson Review Board Process Phone: (360) 473-5289 SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance amending the Eastside Village Subarea Plan. The Subarea Plan amendments include, but are not limited to: increase maximum structure height, removal of maximum density requirements, consolidation of zoning districts, and adoption of the Design Review Board process. These amendments will better implement the Vision of the Subarea Plan, which calls for a residential focused center with diverse, high density housing types for all ages and incomes supported by a commercial core and flexible opportunities for employment-generating uses. The Planning Commission has reviewed these revisions and has unanimously recommended that the Council adopt these changes. ATTACHMENTS: Attachment 1: Staff Memo Attachment 1.1 Planning Commission Minutes Attachment 1.2 Public Comments Received Attachment 1.3 SEPA Addendum & Revision Matrix Attachment 2: Ordinance No. 5449 Exhibit A Planning Commission Findings and Conclusions Exhibit B Revised Eastside Village Subarea Plan 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. 5449 as recommended by the Planning Commission to amend the Eastside Village Subarea Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 SIDE-BY-SIDE BUUBDINFOU!2 TUBGG!NFNP DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM To:City Council From: Garrett Jackson, Planning Manager Date:May 4,2022 Subject: Eastside Village Subarea Plan Revisions SUMMARY The City Council will be holding a public hearing on anOrdinance thatamends the Eastside Village Subarea Plantorevise development regulations and modify theSubarea Plan map changes. Revisions include, but are not limited to: minor increases in height, removalof maximum density requirements, consolidations of zoning districts, and other changes. ATTACHMENTS: Attachment 1.1 - Planning Commission’s Minutes: o January 24, 2022 Workshop o March 21, 2022 Public Hearing Attachment 1.2 – Public Comments Received Attachment 1.3 – SEPA Addendum and Revision Matrix(compares and categorizes adopted plan to plan revisions) PLANNING COMMISSION RECOMMENDATION: Planning Commission unanimously recommended the proposed amendments at a Public Hearing held on March21, 2022. Minutes from this meeting, as well as the workshop held on January 2021, are attached to this report at Attachment 1.1. EASTSIDE VILLAGE SUBAREA PLAN REVISIONS As seen in the adjacent image, the Eastside Village Subarea Plan (EVSAP)is located to the east of the Warren Avenue Bridge and south of Sheridan Road. As a designated Center, this area is selected to absorb future development in an effort to maximize infrastructure investments and shield less intense neighborhood areas in the City. DevelopmentoftheCenter is not only of importance locally, but also as a component of cooperative regional planning effortsasBremerton participates in with the Puget Sound Regional Council (PSRC). This regional planning body is comprised of jurisdictions within King, Pierce, Snohomish, and Kitsap Counties. Population forecasts in Vision 2050, Memo Eastside Village Subarea Plan which is a joint planning document developed by PSRC, indicate that the Puget Sound is expected to add another 1.6 million people by the year 2050; which is the equivalency of two Seattle’s.Bremerton’s Centers are an important component to absorb Kitsap’s share of this growth. Due to the likely change in economic conditions brought about by the departure of the Harrison Medical Center, in 2019 the City commissioned a market study to assist in assessing how best to proceed with area land use planningfor the Center. Among the conclusions of the market study were to 1) ease regulatory hurdles that may impede area development, and 2) ensure that regulatory criteria encouraged the current strong housing market.The City then began work analyzing zoning criteria, working with development industry professionals, and engaging the community to create a new vision for the area; this resulted in the adoptionof theEastside Village Subarea Plan(EVSAP) in October of 2020. The vision of the Subarea Plan isto createa vibrantarea that supports a range of uses, whose design elements and intensity support walkable streets. Development regulations are intended to promote construction of types of uses that support this vision and the other goals of the Subarea Plan. Goal EV-2 of the Subarea states plainly that, “The Eastside Village is a Center that shall accommodate a range of development to ensure anticipated citywide growth is focused in Centers.” To ensure that adopted development regulations were supporting anticipated types of development, policies in the Subarea Plan also call for the continued monitoring of the implementation and execution of the vision of the Subarea. City Staff received a number of comments from property owners within the Subarea, and developers seeking to invest in Subarea properties, that the development regulations within the EVSAP were not aligned with the development types that the market would support. Please see Attachment 1.2 for public comments received. In particular, height limitations, capped density numbers, and floor-area-ratio maximums were prohibitive to bringing new construction to the areathat was cost-effective. As these results runcounter to the vision of the Subarea, Staff set about consideringpotential revisions to development regulations that would better implement EVSAP vision, goals, and policies. DEVELOPMENT REGULATIONS Prior to the EVSAP adoption in 2020, the previous zone was called the Employment Center zone whose zoning regulations were tailored to the support of Harrison Hospital and surrounding uses. Regulations of this zone included an 80-foot height limit andno cap on permittable density or floor-area-ratio. As this was a historically provided entitlement, and these regulations appeared to provide a potential reasonable alternative based on comments received, they seemed a practical starting place for possible code updates. The Sage Apartments, located at 2090 Wheaton Way, is an example of an apartment project that was approved under the previous Employment Center zoning standardsand is vested to the standards of that zone. This project replaces a vacant asphalt site with 29new apartment units. You may be familiar with this site as it is currently Page 2 Memo Eastside Village Subarea Plan under construction in the vicinity of the Bay Bowl on lower Wheaton Way. While the previous zone had no cap on density, the EVSAP limits densityin this areato a maximum of 40 dwelling units per acre. The Sage Apartments is developed at 70 dwelling units per acre, making it non-compliant with the current Subarea. This is a good example ofhow difficult it can be to accurately fix a maximum density limit while promoting development types that would be a benefit to the Subarea. As density has historically not been capped in this zone, and it has resulted in a project that would otherwise be supported by the vision of the Subarea, removing the density limit is recommended with the proposed changes. Policy EV-18 of the EVSAP calls for regulations that, “Ensure that development standards make it simple and cost-effective to build a variety of housing units that meet the needs of the community.”The existing Subarea Plan is composed of 4 total zones and 3 overlay districts; each zone has a unique set of standards for height, density, floor-area- ratio, design standards, and other regulations. If the standards for height, density, and floor-area-ratio were to be uniform, then the differences between the zones became moot. The revised EVSAP consolidates the zoning districts to 2 total zones and 1 overlay district. Both the existing and proposed zoning maps can be seen in the adjacent image. A more robust description of the differences between existing individual zones, and associated overlays, is provided in the January 24, 2022 Planning Commission Workshop Packet. A description of the zones, proposed to be maintained, are provided below: Multi-Use Zone(MU). This zone already represented approximately 2/3rds of the land area of the EVSAP, and under the proposed code that would increase to approximately 98%.The Center Residential High Zone and Mixed-Use Zone are absorbed in order to provide a simpler plan with more predictable regulations within the EVSAP. This zone is intended to allow a variety of uses, with development regulations that promote construction activity. To ensure development regulations are easy to understand, and encourage development consistent with the vision of the Subarea Plan, many of the proposed zoning regulations reference District Center Core (DCC) Zone standards. The DCC is experiencing positive development trends along the Riddell Road/Wheaton Way corridor, so adoption of these standards should provide built-in familiarity with the Page 3 Memo Eastside Village Subarea Plan development community, that have a proven track record of successful implementation.This zone would have a maximum height of 80 feet and no maximum density cap.The adjacent imageillustrates current permitted maximum heights. The existing CenterResidential High zone has a range of permitted maximum heights from 55 feetto 75 feet; with properties greater than 1 acre in size qualifying theincreasedmaximum height of75 feet.When existing lots of at least 1 acre are figured in,approximately 75% of the existing Subarea could build to a height of 65 to 75 feet. As thisrepresents an increase of 5 feet to 15 feet, and as the height limit of thepreviously adopted Employment Center zone was 80 feet, it does notappear that a substantial impact is likely from the proposed codechange. Center Residential Low(CRL)Zone. This zone is not recommended to be consolidated within the Multi-Use Zone, as the CRL Zone is intended to provide a buffer to less intense development along the northeastern portion of the Subarea. Existing development in this zone is comprised of single-family homes and duplexes, and the zone acts as a buffer to similar uses along its periphery. This zone would have a maximum height of 35 feet and a density capped at 30 dwelling units per acre; which matches maximums permitted in the existing CRL Zone. Multi-Use Commercial Core Overlay(MUC). The existing Subarea identifies potential commercial areas that will be an important future presence in the community. The proposed plan consolidates land areas associated with the Mixed-Use Zone and Mixed-Use Overlay into one overlay. The overlay calls out areas the Subarea identifies as important to future commercial development in a more simplified manner than the existing EVSAP. A fuller accountingof all changes made to the Eastside Village Subarea Plan is available with Attachment 1.3. This attachment contains the Eastside Village Subarea Plan Revision Matrix which notes revisions, and classifies proposed changes in to six categories: 1) Clerical Improvements, 2) Zoning Consolidation, 3) Revised Development Standards, 4) Code Updates Outside of Subarea, 5) Repeal of Incentives Program, and 6) Process Improvements. DESIGN REVIEW BOARD In order to further encourage the development environment promoted by the Subarea Plan, the Design Review Board (DRB) process per BMC 20.02.150is proposed. Currently, the DRB process is only employed within the Downtown Subarea Plan, but it has a proven to be a valued process for approving potential development projects in the City. The Design Review Board is made up of Bremerton residents with a background in architecture, development, civil service, or similar areas. The DRB is able to provide departures for projects that cannot meet specific prescriptive code requirements, but otherwise meet the goals of the Subarea. As Bremerton is an old and already developed City, there can be unique challenges due to preexisting lot conditions that make compliance with prescriptive codes difficult. The success of this process is evident, as every major project approved within the Downtown Subarea has required a departure from the DRB. Illustrative examples will be provided with the Staff presentation to Page 4 Memo Eastside Village Subarea Plan ensure clarity. Applying the DRB processto the EVSAP will ensure that individual projects that otherwise meet Subarea Plan goals are not rejected due to failure to meet exact individual prescriptive requirements. PUBLIC INPUT As seen in Attachment 1.2, public feedback on the proposed changes has been largely positive. The Planning Commission has conducted a workshop and hearing on the proposed revisions, and staff also provided a well-attended online open house to further engage the community. Property owners and residents within 300 feet of the Subarea were mailed notice of the proposed changes, as well as interested parties that originally participated in the crafting of the present Subarea Plan. Link are provided below to information provided at each of these events. January 24, 2022 Planning Commission Workshop February 28, 2022 Online Open House(available for download on EVSAP webpage) March 21, 2022 Planning Commission Public Hearing If adopted, the Code WOULD: Better implement the vision of the Eastside Village Subarea Plan by permitting development types consistent with the plans vision. Increase the maximum height in the zone from a maximum of 55 to 75 feet, to a maximum height of 80 feet. Remove density caps (but development is still limited by height and lot coverage). Remove floor-area-ratio maximums. Be consistent with development types requested by property owners within the EVSAP. If adopted, the Code WOULD NOT: Allow development types that are more intense than historically permitted by Employment Center zoning that was in place prior to October 2020. Create any new parking reductions. Page 5 BUUBDINFOU!2/2 QMBOOJOH!DPNNJTTJPO NJOVUFT Quorum Certified DRAFT Subject April 18, 2022, Approval CITY OF BREMERTON PLANNING COMMISSION MINUTES OF VIRTUAL MEETING March 21, 2022 CALL TO ORDER: Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:31 p.m. ROLL CALL Commissioners Present Staff Present Chair Tift Andrea Spencer, Director, Department of Community Development Vice Chair Rich Garrett Jackson, Planning Manager, Department of Community Development Commissioner Flemister Sarah Lynam, Project Assistant, Department of Community Development Commissioner Mosiman Commissioner Pedersen Others Present Commissioner Wofford Quorum Confirmed CHAIR CALL FOR MODIFICATIONS TO AGENDA The agenda was accepted as presented. APPROVAL OF MINUTES COMMISSIONER WOFFORD MOVED TO APPROVE THE MINUTES OF JANUARY 24, 2022, AS AMENDED. COMMISSIONER RICH SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Tift invited comments from citizens. There were none. Public Hearing: Revisions to the Eastside Village Subarea Plan Mr. Jackson announced that the orders of the day are for the Planning Commission to conduct a public hearing on the proposed revisions, receive public testimony, and provide a recommendation to the City Council. The City Council will make the final decision. He shared a map to illustrate the borders of the Eastside Village Subarea. He reviewed that prior to October 2020, the area was identified as the Employment Center Zone. It was a single zone, with an 80-foot maximum height limit and no density cap. The City conducted a marketing study in 2019 to identify anticipated changes as a result of Harrison Hospital’s relocation. In order for the area to be successful, the study recommended that the City provide a clear approach, removal regulatory hurdles, and encourage the existing strong housing market. Based on these recommendations, the Eastside Village Subarea Plan was adopted in October 2020 and included a Planned Action Ordinance, which streamlines environmental permitting. The adopted subarea plan included the requirement for the City to continue to monitor the execution of the plan to make sure its vision is implemented. Mr. Jackson further reviewed that the Commission held a workshop on January 24, 2022, which was open to the public, to consider the proposed revisions. At the workshop, the Commission requested more detail on how the proposal would meet the vision of the subarea plan. They also requested that staff perform additional public outreach. Since that time, staff sent mailings to property owners and residents within 300 feet of the subarea plan, inviting them to an online open house on th February 28. The open house was well attended, with a lot of questions and positive feedback. Mr. Jackson explained that the proposed revisions are important in order for the City to implement the vision of the subarea plan and meet its regional planning goals that are set by the Puget Sound Regional Council (PSRC), which is a regional planning body that coordinates with Snohomish, King, Pierce and Kitsap Counties. The PSRC’s Vision 2050 forecasts that Puget Sound will increase by 1.7 million people and 1.1 million jobs by 2050. Bremerton’s portion of that growth is anticipated to be an additional 33,000 people and 20,000 jobs by 2050. The City’s land-use centers are intended to absorb most of the City’s growth. The idea is to protect residential areas from intense growth and provide a more targeted approach to utility improvements. He provided a list of all of the centers, as well as a map showing their locations. Mr. Jackson briefly reviewed the vision statements contained in the subarea plan. One is that the subarea should be a residentially-focused center with diverse, high-density housing types for all ages and incomes, supported by a commercial core and flexible opportunities for employment-generated uses. Other vision statements promote walkability, inclusiveness, and economic vibrancy. Statements indicate the need for the area to be bikeable and livable for all ages. It encourages both commercial and residential uses and the promotion of open space and parks. He advised that the subarea plan includes 23 goals and 75 policies, including the following: Ensure that standards are simple and cost effective to construct housing. Ensure that there is vibrant and diverse employment, serving the City and the neighborhood. Ensure that City growth is focused in centers by accommodating a range of development opportunities. Promote livability, health and mixed uses. Mr. Jackson advised that the City has received feedback from potential investors that certain development regulations in the subarea plan are getting in the way of their ability to implement the vision. Specifically, regulations related to maximum density, height limits, and maximum floor area ratio (FAR) are prohibitive to development. Based on this feedback, staff is recommending the following: The maximum building height in the subarea would be increased from 55 to 75 feet to a maximum of 80 feet. Feedback indicates that the current height limits in the subarea plan are prohibitive to covering construction costs. The overall difference in height would be between 5 and 15 feet for about three-quarters of the properties in the subarea. This modest increase could mean a lot from the standpoint of constructability and feasibility of potential projects. The International Fire and Building Codes allows for five levels of wood-frame construction over a concrete and steel podium, and this is the most economical way to build housing. An 80-foot height limit would allow developers to build to the highest degree possible. The Harborside Flats, Spyglass Apartments, and 606 Apartments are examples of five levels of wood-frame construction over a podium. While the previous version of the proposal would have raised the height limit in the Center Low Residential Zone, the current proposal would retain the 35-foot height limit. The density cap would be eliminated. The current density cap (between 30 and 60 dwelling units per acre) is insufficient. For example, the Sage Apartments on lower Wheaton Way was permitted under the previous Employment Center but would not be allowed under the current subarea plan. Currently, density in the zone is limited at 40 units per acre and the Sage Apartments is 70 units per acre. The Sage Apartments is a modestly-sized multifamily development (4 stories, 50 feet tall) with 29 units. The Design Review Board (DRB) process would be required to ensure a more development-friendly atmosphere and to make planning more predictable. The DRB is composed of Bremerton residents (architects, developers, etc.) It reviews individual projects against the requirements of the subarea plan and may grant departures from the standards if it determines that the intent of the zone would still be met. For example, there is an odd-shaped, 4,300 square-foot DRAFT Bremerton Planning Commission Minutes March 21, 2022 ~ Page 2 of 7 lot that was partially encumbered by an easement for the ferry tunnel. The property was located adjacent to a park plaza and close to the shipyard and ferry, and the applicant proposed a restaurant at the ground level for pedestrian use, with three residential units on top. However, it was determined that the residential units would not meet the 10- foot mid-level setback requirement. Because this infill project was so small, it would have been difficult for the applicant to accommodate the setback and still provide three units on top. Instead of the setback, the applicant proposed Juliet balconies, light fixtures, wood paneling and awnings to provide depth and modulation to the building. The DRB determined that the proposal met the intent of the subarea plan by providing interest to the façade. Currently, there are four zones and three overlay districts. If the FAR standards are uniform, the height limit is increased to 80 feet and the density cap is removed, it doesn’t make sense to have so many zones. Some of the overlay districts, such as the Multi-Use Entrepreneurial Zone, existed in order to promote small business. The City Council has since raised the Business and Occupation (B&O) Tax Exemption to $1 million, making the overlay districts outdated. The proposed change would have two zoning districts and one overlay district, which staff believes will accomplish the vision of the subarea plan. As proposed, the Center Residential High, Mixed-Use and Multi-Use Zones would be consolidated into the Multi-Use Zone, and the Center Residential Low Zone would be retained to preserve the existing low-level development. The new Multi Use Commercial Overlay District would capture the areas that were previously under the Mixed-Use Zone and Multi-Use Commercial Overlays. Mr. Jackson shared maps to illustrate both the existing and proposed zoning, noting that the commercial areas would expand slightly, but the remaining subarea boundaries would remain unchanged. Mr. Jackson summarized that the proposed changes are intended to standardize and simplify the process to make it easier for the public and developers to understand the subarea plan requirements. To accomplish this, staff is recommending the following: Reducing the number of zones and overlays as previously described. Changing the Multi Use Zoning Standards to District Center Core Zoning Standards. Removing the Street Frontage Design Standards from Chapter 5.4. Altering Chapter 6 Design Guidelines to transition to a chapter that the DRB can use as a guidance piece. Removing subarea plan specific regulations that are already addressed in the Bremerton Municipal Code (BMC). (i.e., drive-through facilities, parking, etc.) Regulations that are unique to the subarea would be retained in the subarea plan. Mr. Jackson reported that a number of public comments have been received, all of which were forwarded to the Planning Commission. Most (about 80%) were in support of the proposal, but some concerns were raised, as well. He summarized the comments as follows: Some were not in support of the proposed increase to the maximum height limit. There is concern that the added height will cast more shadows and impact water views. However, it is likely that a 35-foot building in the Center Residential Low Zone would impact water views just as much. Some people voiced concern about allowing greater density, and they believe that the current densities are sufficient and should remain. There was a Kitsap Sun article that advised Bremerton residents of the online open house. The article voiced opposition to increased height and density, and suggested that .5 parking spaces per unit would be insufficient. However, it is important to note that standard units within the subarea are required to have one parking space, but there is a provision that allows parking to be reduced to .5 spaces per unit for developments that are restricted to seniors only. As the comment regarding parking was a published Opinion Piece in the Kitsap Sun, it is possible that some of the public comments were based off of inaccurate information. There was concern that utilities would be insufficient to service this type of development. Staff spoke recently with the City Engineer who assured that Bremerton is in a good position, utility wise, to accommodate the growth that is expected through 2050. In addition, individual development proposals are analyzed by the Public Works Department to ensure that all utility needs can be met. DRAFT Bremerton Planning Commission Minutes March 21, 2022 ~ Page 3 of 7 Eight people who own property within the subarea commented in support of the proposal, noting that the current regulations make planned projects infeasible and devalues property. They commented that increased height and density is needed to justify project costs, and the proposed changes could help revitalize the neighborhood with Harrison Hospital’s departure. Mr. Jackson concluded his report by recommending that the Commission conduct an open public hearing and receive public testimony and then provide a recommendation to the City Council. Chair Tift opened the public hearing. Michael Cowan, Bremerton, said he supports the City’s focus on revitalizing areas in the City so that services can be provided within walking distance of where people live and people don’t have to rely so much on cars. The increased cost of gasoline wouldn’t be such a big problem if people weren’t so reliant on cars to get where they need to go. There are currently a lot of empty parking lots that could be developed into residential uses. He suggested that a huge golf course in his area would be far better as a park for the whole community. He supports changes that encourage better community connections. Mr. Goldberg, Bremerton, expressed his belief that staff has done an excellent job summarizing the proposed changes. Removing the overlays and simplifying the zoning makes it easier for developers to understand the requirements. This enables them to quickly move their projects forward. The proposed changes are a good step in the right direction for Bremerton, and he believes they will result in revitalization within the subarea, making it a showcase for what can be done elsewhere in Kitsap County. Diane Manning, Bremerton, observed that Mr. Jackson’s comment that 80% of the public feedback was in favor of the proposal doesn’t mean a lot without knowing how many total people commented. Although the Public Works Department will review projects to ensure adequate utilities, the Kitsap Sun recently published an article about the increased costs residents would have to pay for required sewer upgrades. She said she isn’t familiar with what the current capacity is and how it is being impacted by all of the new construction. She suggested that the City should have expanded the mailed notification to include property owners beyond 300 feet of the subarea because people within a mile of the subarea would be impacted. She also is concerned about traffic, which is already bad on Warren Avenue and SR-303, and a lot of apartments are being built along that stretch. She hasn’t seen any plans for infrastructure improvements. Mr. Jackson responded that utility upgrades will be needed regardless of how many residents live in the City. However, the more residents that are added, the more people there will be to share in these costs. He also noted that the code didn’t require staff to send notices to property owners within 300 feet. This was added in an attempt to provide more public notice. Staff conducted an online open house where public comments were accepted and most were positive. Four of the people who commented were opposed to the changes, and 18 to 20 indicated support. The City has completed a corridor study for Wheaton Way, and he agreed to post a link to the study in the chat. In addition, the Warren Avenue Bridge was recently appropriated a substantial amount of money to make it more walkable and bike friendly. Improvements are coming to the corridor that should increase livability and address traffic concerns. Also, each project within the subarea will be required to pay a traffic mitigation fee based on off peak PM trips. There were no other public comments, and Chair Tift closed the public portion of the hearing. Commissioner Flemister commended staff for their efforts to provide additional public outreach. She said she supports the proposed changes and is satisfied that that the process has been forthcoming and fair. Commissioner Wofford asked if there are any plans to provide small neighborhood parks to serve the additional residents who will live in the subarea. Mr. Jackson responded that, although the existing subarea plan map shows parks and areas of potential future open space, these areas shouldn’t have been included in the zoning map because parks are not zones. These areas were part of a story map feature that carried over to the zoning code as a suggestion for what might occur in the future, but it isn’t a requirement that the properties be parks. Some of them are public areas that will very likely be developed as parks in the future, but not all of them. However, there are indoor and outdoor open space requirements for every project within the subarea. As residential projects come on line, they will be required to have open space areas for individual units, DRAFT Bremerton Planning Commission Minutes March 21, 2022 ~ Page 4 of 7 as well as exterior open space areas that could potentially be shared with the larger public. There is also a provision that allows developers to pay an in-lieu-of fee, as negotiated with the Parks Department on a site-by-site basis. Commissioner Wofford commented that most of the outside areas that are included as part of development are primarily for adults. He asked if it would be possible to include a requirement and/or suggestion that at least some of the outdoor area must be designed for children. Mr. Jackson pointed out that the Parks, Recreation and Open Space (PROS) Plan is available on the City’s webpage. It is based on an analysis of existing parks in relation to residential areas and identifies areas that are underserved and where parks are likely to be located in the future. In addition to guidance from the PROS Plan, the DRB process includes an additional public process. If any potential project requests a departure, an invitation will be extended to the public to provide feedback and suggestions. He emphasized that the subarea plan requirements are different than the shoreline requirements. All the shoreline properties along Lower Wheaton Way would be required to provide additional public access that is independent of the subarea plan requirements. Commissioner Mosiman said he likes that the proposal would simplify the subarea plan. He also likes that it would increase the density allowed. However, he is concerned that the 80-foot height limit would apply all the way to Wheaton Way and Campbell Way, and there would be no shoreline height restriction. Although it isn’t likely, every new building, including those along the waterfront, could be constructed up to 80 feet in height if the proposed changes are approved. In past discussions regarding the Shoreline Master Program (SMP), the Commission emphasized a need to make sure the citizens of Bremerton have both physical and visual access to the water. This access is one of the selling points of the City, and the views along Wheaton Way and Campbell Way are pretty good. Allowing buildings up to 80 feet would create a visual block akin to what exists in downtown Bremerton, and he felt the City would regret this decision. He asked if it would be possible to place a height restriction on the properties south of Wheaton Way and Campbell Way to alleviate this concern. Mr. Jackson responded that the SMP limits development along the shoreline to 35 feet in height, without an approved Shoreline Conditional Use Permit from the Department of Ecology (DOE). Any individual project along the shoreline that wants to go above 35 feet would have to obtain a permit, which would involve an additional public process. He pointed out that some of the single-family homes on Lower Shore Drive are packed so closely together that there isn’t much a view, either. With current development, there are no guaranteed views, as someone could add a fence or plant shrubs that block view. However, new development is required to provide public access in perpetuity. New development must also consider view corridors. Director Spencer added that the SMP and Shoreline Conditional Use Permit process doesn’t allow a developer to step away from the view corridor and public access requirements. Mr. Jackson agreed that the Revised Code of Washington (RCW) requires that views must be maintained. However, the Commission could also decide to add additional height restrictions for these properties as part of the subarea plan. Commissioner Pedersen said he worked downtown for a number of years and remembers some popular park benches on private property that were likely required as part of development. He asked staff to share other examples of view corridors associated with development. Mr. Jackson said there are none in the subarea because the shoreline is undeveloped, but there are many examples in the downtown. He particularly noted the pathway provided in front of the 400 Apartments, Harborside and Marina Square. Once Marina Square is fully constructed, it will also include public plazas and an Americans with Disabilities Act (ADA) accessible path that will lead from Washington Street down to the shoreline. These are both good examples of what could potentially happen in the subarea. Commissioner Wofford recalled that, at one time, there was a requirement that 25% of the front footage had to be a view corridor. He asked if that requirement is still in effect. Mr. Jackson said there are percentage requirements specific to downtown, and the Department of Ecology (DOE) would likely require projects outside of the downtown to provide a view analysis and demonstrate how they will provide a view corridor. In addition to staff review, the DOE will review specific development proposals that involve height increases. Commissioner Pedersen asked if taller, thinner buildings would be encouraged rather than wide ones that fill the entire parcel. Mr. Jackson answered that decisions would be made on a site- by-site basis. Staff informs applicants of the public access and view corridor requirements and makes them aware that the DOE has the final say on whether to approve, deny or conditionally approve a project. Staff encourages all applicants to coordinate with the DOE at an early stage when requesting a Shoreline Conditional Use Permit. Commissioner Rich commended staff for clearly identifying all of the benefits associated with the proposed changes and said she is prepared to support them as presented. She referred to the pie chart provided by staff that captured the spirit of the DRAFT Bremerton Planning Commission Minutes March 21, 2022 ~ Page 5 of 7 public comments both in favor and opposed to the proposal. Although it wasn’t listed on the chart, affordable housing was raised as a concern. She said it is important to acknowledge this concern as the proposal goes to the City Council and they consider future issues such as changes to the Multifamily Tax Exemption (MFTE) and other policy options that will make affordable housing development easier and more possible in centers. Mr. Jackson agreed to include affordable housing as a prompt with the City Council. Chair Tift also commended staff for their efforts to prepare and revise the proposal based on Commission and public comments. Having been on the Commission for a long time, he has learned the importance of being adaptable. He recalled working on the initial Employment District Plan, with the hospital being the centerpiece. In the face of a major employer leaving the subarea, the City adopted the Eastside Village Subarea Plan, which recognized the need for entirely different development. He believes the subarea plan is very plausible and feasible, and development is already in process. He said he supports the proposed changes, as well. COMMISSIONER RICH MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT THE PROPOSED REVISIONS TO THE EASTSIDE VILLAGE SUBAREA PLAN AS DETAILED IN ATTACHMENT A BASED ON THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTED IN ATTACHMENT C. COMMISSIONER WOFFORD SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. BUSINESS MEETING Chair Report Chair Tift noted there is still a vacancy on the Commission and encouraged the Commissioners to reach out to potential candidates. He also advised that they may be able to return to a hybrid meeting style at some point in the near future. Director Report th , City offices opened back up. Office Director Spencer announced that, with the lifting of the mask mandate on March 14 hours for the Department of Community Development are 9am to noon each weekday. They still have a significant amount of volume and some people are still working a hybrid schedule. They can only staff a counter for three hours a day at this time. Director Spencer said they are waiting for the City Council to implement a hybrid meeting format before the Commission follows. She reminded them that their meetings are broadcasted live on Bremerton Kitsap Access Television (BKAT), so the cameras will be on again when they return to in-person meetings. She emphasized that the hybrid format is meant for public participation. Ideally, all of the Commissioners would be in the room barring extenuating circumstances. The citizen experience will be better if there are fewer Zoom participants because they will be able to see more of the screen. Commissioners can be spaced out in the room to ensure safety. Old Business There was no old business. New Business There was no new business. ADJOURNMENT The meeting was adjourned at 6:42 p.m. DRAFT Bremerton Planning Commission Minutes March 21, 2022 ~ Page 6 of 7 Respectively Submitted by: ___________________________________ ___________________________________ Andrea L Spencer, AICP Rick Tift, Chair Executive Secretary Planning Commission DRAFT Bremerton Planning Commission Minutes March 21, 2022 ~ Page 7 of 7 BUUBDINFOU!2/3 QVCMJD!DPNNFOUT SFDFJWFE BWBJMBCMF!BU!UIF!GPMMPXJOH!MJOL; iuuqt;00xxx/csfnfsupoxb/hpw0EpdvnfouDfoufs0Wjfx0:6690TFQB.Beefoevn.QEG@cjeJe> ORDINANCE NO. ANORDINANCEof the CityCouncilof the Cityof Bremerton, Washington, adopting revisions to the Eastside Village (EV) Subarea Plan, including but not limited to: increase maximum structureheight,removalof maximumdensityrequirements, consolidationofzoningdistricts,andadoptionofDesignReview Board process. WHEREAS, the policies of the Eastside Village Subarea Plan call for monitoring the execution andimplementation of the Subarea Plan; and WHEREAS, through practical use and application of the Eastside Village (EV) Subarea Planthe need for modificationto the development regulationshas been identifiedin ; and WHEREAS and Area-wide Rezones in Title 20.58.050(e),which require amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, these amendments are consistent with the EV Subarea Plan Vision, olicies, the State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, the Planning Commission conducted a workshop to discuss the proposed Subarea Planrevisionsat its regular meeting on January24,2022; and WHEREAS,theCityhosted aVirtual Open House on February28, 2022to discuss the proposed Subarea Plan revisions; and WHEREAS, March 11, 2022the proposed amendments were circulated to Department of Commerce and the State Agencies for the requisite review and comment period; and WHEREAS, a legal advertisement was placed in the Kitsap Sun on March 11, 2022notifying the public of the opportunity to provide testimony at the Planning Commission public hearing; and WHEREAS, onMarch 21, 2022the Planning Commission held apublic hearing on the proposed revisions to the EVSubarea Plan, considered public comment, and made a 1 2022Eastside VillageSubarea PlanAmendments WHEREAS, in accordance with RCW 43.21(c) and WAC 197-11, Adoption of Existing Environmental Documents with an addendum to the Final Environmental Impact Statement (EIS) was circulate on April 18, 2022; and WHEREAS, a legal advertisement was placed in the Kitsap Sun on April 25, 2022 notifying the public of the opportunity to provide testimony at the City Council public hearing; and WHEREAS, on May 4, 2022, the City Council conducted a public hearing on these code changes, and considered all testimony prior to their decision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council accepts and adopts the Findings and Conclusions of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this reference as if set forth in full herein. SECTION 2. The EV Subarea Plan is amended by approving and adopting the revised EV Subarea Plan as presented in Exhibit B, attached hereto and incorporated by this reference as if set forth in full herein. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance, including but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. 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 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 ____________________, 2022 _________________________________ Michael Goodnow, Council President Approved this ________ day of ________________________, 2022 2 2022 Eastside Village Subarea Plan Amendments _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2022 EFFECTIVE the_________day of ______________________, 2022 ORDINANCE NO. ____________ 3 2022 Eastside Village Subarea Plan Amendments FYIJCJU!B QMBOOJOH!DPNNJTTJPO GJOEJOHT!'!DPODMVTJPOT FYIJCJU!C SFWJTFE!FBTUTJEF WJMMBHF!TVCBSFB!QMBO Contents Introduction10 1 Background & Purpose 11 reating a Vision Community 1 Engagement1 Vision & Guidance Framework 2 Vision 2 uiding Principles 2 Goals & Policies Urban Design Concepts34 3 Community Design Overview35 Land Use Plan37 4 Overview38 4 B!sfbmjhofe!Xifbupo!Xbz!opsui!pg Dbmmbibo!Esjwf!boe!beejujpobm!tusffu dpoofdujpot!boe!jnqspwfnfout!jodsfbtf uif!xbmlbcjmjuz!boe!cjdzdmf!dpoofdujwjuz!pg uif!dfoufs/ Pwfsmbz!bsfb!tvqqpsut!uif mpohufsn!jnqpsubodf!pg dpnnfsdjbm!vtf!bodipst!po uiftf!gspoubhft-!xijmf qspwjejoh!gmfyjcjmjuz!gps!puifs vtft!xjui!eftjho!tuboebset/ B!dpsf!pg!nvmujqmf vtft!bmpoh!uif tipsfmjof!jt fowjtjpofe!up!bdujwbuf uijt!bsfb!boe jodsfbtf!qvcmjd tqbdft!bmpoh!uif Qpufoujbm!ofx!tusffu csjehf.up.csjehf!usbjm/ dpoofdujpot!up!jnqspwf Bo!pwfsmbz xbmlbcjmjuz!boe!usbggjd fodpvsbhft!gmfyjcmf npwfnfou/ tusvduvsft!ps!tqbdft uibu!gfbuvsf!tfbtpobm ps!ufnqpsbsz bdujwbujpot!pg!qvcmjd tqbdf!bdsptt!b wbsjfuz!pg!vtft!uibu bqqfbm!up!qfpqmf!pg B!gmfyjcmf!nvmuj.vtf bmm!bhft!boe {pof!uibu!dbo!sftqpoe cbdlhspvoet/ up!dibohjoh!tqbujbm Fybnqmft!jodmvef efnboet!pg!dpnnfsdjbm gbsnfst!nbslfut- vtft!boe!ijhi!efotjuz gppe!usvdl!qbsljoh- sftjefoujbm/ boe!pvuepps!ejojoh bsfbt/ Pqqpsuvojujft!gps Uiftf!bsfbt!sfqsftfou ejwfstf!ipvtjoh!uzqft qpufoujbm!pqqpsuvojujft!gps uibu!dbo!ublf beejujpobm!qvcmjd!pqfo bewboubhf!pg!uif tqbdf/!Qvcmjd!tqbdf dfoufs(t!wjfxt!bddftt foibodfnfout!jnqspwf up!pqfo!tqbdf-!boe rvbmjuz!pg!mjgf!boe!bee!up!uif qmboofe!dpoofdujpot!up buusbdujwfoftt!pg!uif!dfoufs/ usbotju/ FYIJCJU!C The diagram illustrates the SR 303-to-Clare connection showing why the west side south-bound bike lane. The right side proposes a section looking north providing a bicycle lane with shy distance An example of a bike lane with shy distance . , . . 1 Plan Subarea Revisions Village 2022 27, April Presenter Garrett Jackson Study Session: Eastside Proposed 2 Center Park Community Forrest, East Hospital LANDMARKS Field SAP LegionSheridan Park HarrisonMadrona 1.2.3.4. 3 Zone maximum density Zone capped Background foot height - Single80No Employment Center 4 and regulatory permitting market 2020 2020 October and keep the public and Plan, October Ordinance, 2019 neighborhood. clear approach and remove Subarea Action Study Background Provide hurdlesEncourage existing strong housingMonitor the execution of subarea planningimplementation stakeholders informed about ongoing progress with theProvides streamlined environmental Market Adopted Planned 5 SAP to Hearing Workshop Council feedback City unanimously House Commission outreach voted Commission Public Online Open Planning Planning 24, 2022 attended Background PC requested more detail on the Vision of theand additional publicWellLots of questions and positivePlanning Commission recommend approval to the January February 28, 2022 March 21, 2022 6 the and no of maximums, limit and adopt map ratio - area - zoning foot height amends the - Standards. floor Plan. and Board process, remove reinstate 80 Review Subarea standards Discussion would density, Design Village Development/Design the proposed ordinance that A development Eastside Revisions capped add DCC 7 important? Subarea the Plan within Requirements revisions these are of the Subarea Regional Planning Vision Promote investment Why 8 nal o gi e RPlanning 9 peoplejobs 2050 peoplejobs millionmillion 1.6 1.1 Council Vision 33,00020,000 Projections + + Regional Forecasts: Puget Sound + Puget Sound + Bremerton Bremerton Growth Growth Puget Sound 0 1 Center Center Center Center Center District Center Centers Riddell Sheridan District Wheaton Wheaton Eastside VillageManette NeighborhoodDowntown RegionalCharleston District Growth 1.2.3.4.5.6. 1 1 PLAN VILLAGE VISION: EASTSIDESUBAREA 2 1 PDF - Plan - Subarea - Plan Village - types with Subarea uses.Framework) center Guidance Principles: commercial core of the generating - Vision & by a 2, Guiding & ages and incomes flexible opportunities for (Chapter Vision www.bremertonwa.gov/DocumentCenter/View/8482/Eastside plan Vision Residential focused diverse, high density housing for all supported and employment Full https:// 3 1 PDF - Plan - Subarea - Plan Village - - 18) - cost in Centers Uses (Guiding development Subarea Framework) 10) - focused housing(EV Mixed simple and (EV Guidance range of (75): and of the Vision & construct 2, Policies City growth is to 2) & and diverse employment serving neighborhood & 2) (23) - (Chapter Vision ensure www.bremertonwa.gov/DocumentCenter/View/8482/Eastside Ensure standards are effective Vibrant city Accommodate a to (EVLivability, Health, Principle plan Goals Full https:// 15 Investors (FAR) Potential Costs Ratio about: from Area Floor Density Construction expressed & MaximumHeight Maximum Feedback Concerns 16 Board Zoning DensityHeightDCCDesign ReviewStandardization nt e pm o l e v e DRegulations 17 Zone are DUA 60 - tall) 30 feet cap units Apartments y (about 50 apartment DUA ensit Permitted per Employment Center4 stories 29 70 D Reinstate no densityCurrent maximum density Feedback that current densitiesinsufficientExamples: Sage 8 1 feet 15 foot 75 - construction height current feet ht g Hei Investor feedback: regulations prohibitive duecostsRevise building height from 55maximum to 80Proposed code modest impact, 5 9 1 Code Code ht g Hei International BuildingInternational Fire 1 2 Design units) & units) (624 Centers FAR Board (885 in Center Density, Centers Design Review Height, Adopt Development Standards //www.codepublishing.com/WA/Bremerton/#!/Bremerton20/Bremerton2070.html#20.70 District Downtown Success https: 22 standards SAP residents Board with compliance for Design Review Composed of BremertonReviews Grants departures from some 23 Example Departure above Review, restaurant Teriyaki Street st Design 242 1Ground floor3 apartments 24 feet. 10 of Example setback yard - side needs - Departure between building Review, 6.3.6(A), DSAP PER Design 5 2 feet. 10 of Example setback yard - side needs - Departure between building N Review, 6.3.6(A), DSAP PER Design 6 2 feet. 10 of Example setback yard - side needs - Departure between building Review, 6.3.6(A), DSAP PER Design 7 2 feet. 10 of Example setback yard - side needs - Departure between building Review, 6.3.6(A), DSAP PER Design 8 2 HighLow districts Zoning districts ResidentialEntrepreneurial Commercial Use Use UseUseUse zoning Center ResidentialCenter ResidentialMixedMulti Multi Multi Multi Four Three overlay Current 9 2 Low Zoning district Commercial districts Use Use overlay MultiCenter ResidentialMulti Two zoningOne Proposed 0 3 EDIS-YB-EDIS 1 3 etc.) Overlay (5.4) zones/overlay Guidelines facilities Streamlining Changes through - Entrepreneurial District Drive Parking (reductions, bikes, Reduce number ofStreet frontage/designChapter 6 DesignSubarea Plan Proposed 2 3 support Commission Center) with: Centers consistent Plan Requirements are other successful in Planning standards (Employment changes of the Subarea Summary Previous Regional Standards Vision Property owner requests/generally positive publicUnanimous recommendation from the Planning Proposed 3 3 for record and approve available proposed an open is the Hold Public Hearing, consider testimony, of amendments.Staff questions. ion: t da en mm eco Planning Commission R From:Jeff To:City Council Subject:rdinance No. 5449 Date:Tuesday, May 3, 2022 5:16:09 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council. I am writing in regard to Ordinance No. 5449 (in the meeting packets at the above link) adopting revisions to the Eastside Village Subarea Plan; and adopting a Design Review Board Process. I am urging you to pause your plans for the Eastside Sub Village as well as the planned demolition of the old Harrison Hospital and vote no on the ordinance at this time. 5 of 7 of the Councilmembers are new and have hardly been able to catch up on the important issue of affordable housing and development plans. Not to mention, we have just come out of a pandemic. Now is an important time to reevaluate our medical care in the area. On the housing side, this area subplan has absolutely nothing that will create permanent low-income housing. In 2020 Kitsap County and Bremerton spent a significant amount of money for the Affordable Housing Inventory and Market Analysis, which was conducted by ECO Northwest, a well- respected economic research firm. That report contains 10 specific recommendations, none of which have been incorporated into the Eastside Sub Village plan. Not only are you not creating any new permanent affordable housing, but you are also selling off a local treasure, Harrison Hospital and the land that was specifically donated to the community for the care of our people. That property should absolutely be used for something that benefits the community like permanent low- income housing units and not just sold to the highest bidder. Please slow down in your push to sell off our community. As a city we value diversity and that includes our low-income residents. Please stop putting forward plans that only cater to developers and do nothing to address our need for permanent low income housing. You should be fully aware of those needs since you paid for the study! Thank you, Jeff Campbell Bremerton From:Ted Johnson To:City Council Cc:Garrett Jackson; Beverly Maine (erc-ceo@donobi.net) Subject: Date:Wednesday, May 4, 2022 10:06:22 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Honorable Bremerton City Council; Tonight you will be acting on the Eastside Village Subarea Plan. Episcopal Retirement Communities operates Canterbury Manor for seniors and plans a second Affordable Housing Senior Community within the Eastside Village Subarea Plan area. Without the proposed adoption of the EV Subarea plan, 75-affordable housing units will be lost. The development economics associated with this project do not pencil with the present zoning. As a result, the needed affordable financing through the Washington State Housing Finance Commission would not be available, thereby terminating this much-needed affordable housing option for the area's vulnerable senior community. Adopting the Eastside Village Subarea Plan ensures additional supply of both market and affordable housing units. A lack of housing stock and the ability to develop it only amplifiesthe strain on affordable housing. More supply drives down rents while scarcity increases rent. As the development consultant to the Episcopal Retirement Communities, I urge you to thoughtfully consider and PASS the proposed the Eastside Village Subarea Plan. I appreciate your consideration of this matter. Thank you, TED JOHNSON PRESIDENT N 425.233.6972 C: 425.890.3420 05/ MV Fhkl`m Akuc+ RSD 137 Hrr`pt`g+ V@ 87/16 www.marathondev.com From: kim siebens <kimmysiebens@yahoo.com> Sent: Wednesday, May 4, 2022 11:22 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Eastside Village Subarea Plan Dear Bremerton City Council Members, Please Vote NO on the Eastside Village Subarea Plan. We need more time for more discussions and public input. I live in District 1. This plan did not go through the normal planning process. The subarea plan does nothing to address our shortage of affordable housing, the largest contributing factor to our increasing homelessness crisis that I have been warning the city and county about for years. Kimmy Siebens RN President, Their Voice http://www.their-voice.org Founder, Bremerton Homeless Community Coalition https://www.facebook.com/groups/410116102775715/ From:David Fisher To:City Council Subject:astideillageubareaezone Date:May 4, 2022 6:17:32 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear council members, I am an architect and representative of a property owner in the East Side Village Subarea rezone. We need flexibility! Flexibility in Use without forcing a particular use or partial use such as adding commercial at the street level of a project. If a use is needed let the East Side subarea village market dictate not a required zoning regulation. Flexibility in number of dwellings. Let the market determine the density not a random density number in the planning zone. There are physical limitations with height, setbacks and again market need. Flexibility in height! A 80 foot height limit is based on our building code. A building type with five stories of fire rated wood frame on a concrete podium base of one or two stories. A very common building type being built State wide. Bremerton has an opportunity to develop this area with diversity of use and income levels, and higher density. People escaping Seattle come across the Sound to find open space, less expensive housing and a quick commute to Seattle. The East Side Village Subarea has a quick access to the ferries and can have affordable housing with local commercial restaurants and stores of we allow flexibility. Open space ( single family homes with a backyard) is outside the city limits. However we do require open space with parks and required outdoor balconies and garden roof tops. We have a unique opportunity to offer a more urban environment with a things to do and enjoy. We need this flexibility! Please vote for the East Side Subarea rezone! David Fisher AIA, LEED Assoc. 253-208-1606 708 Market St. Suite 415 Office at 7th & Court D Alley COUNCIL DISTRICT 1 JENNIFER CHAMBERLIN DENISE FREY COUNCIL DISTRICT 2 May 4, 2022 REPORT DISTRICT 3 ANNA MOCKLER COUNCIL DISTRICT 6