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05/11/2010 - Regular - Packettir' . a. RR City Council Meeting Agenda May ii, 2oio CrrY OF PORT ORCHARD 7: O o P.m. Mayor: Lary Coppola Administrative Official 1. CALL TO ORDER Councilmembers: A. Pledge of Allegiance Fred Chang Chair: LTAC Staff. Clerk's office 2. CITIZENS COMMENTS Tourism Committee Please limit your comments to 3 minutes for items not up for Public Hearing. When Public Property Committee recognized by the Mayor, please state your name and address for the official record Jerry Childs (please complete the sign -in sheet located in the hallway). Chair: Tourism Committee Staff: Clerk's office Finance Committee 3, APPROVAL OF AGENDA John Clauson Chair: Finance Committee 4. CONSENT AGENDA Staff: City Treasurer (Approval of Consent Agenda passes all routine items listed below, which have been Utilities/SAC Committee Kitsap County Health distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, Jim Colebank the item is returned to Business Items.) Tourism Committee KRCC/PSRC/KEDA A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the April 20, 2oio, Work Study Session Minutes Fred Olin Chair: Public Property Committee C. Approval of the April 2'7, 2oio, Council Meeting Minutes Staff: Planning Department D. Adoption of Ordinance No. oo8-1o, Amending Port Orchard Utilities/SAC Committee Municipal Code Chapter 5.12 "Business Licenses" to Incorporate the Carolyn Powers Public Property Committee Partnership with the Washington State Department of Licensing KRCC/TransPol Master License Service (Martin) Rob Putaansuu E. Adoption of Ordinance No. oog-lo, Amending Port Orchard Chair: Utilities Committee Municipal Code Chapter 13.04.2oo Low Flow Toilet Rebate to Staff. Public Works Department Finance Committee include Multi -Family Residential (Dorsey) Kitsap Housing Authority F. Approval of Firework Stand Application: J&M LLC (Kirkpatrick) SAC Committee G. Approval of Public Event Applications (Kirkpatrick): Department Director: Patti Kirkpatrick, CMC - Fathom's O' Fun Grand Parade Administrative Services - Fathom's O' Fun Summer Festival Craft Vendor Show City Clerk Allan Martin 5, PRESENTATION —NONE City Treasurer Debbie Hunt Court Administrator 6. PUBLIC HEARING —NONE James Weaver Development Director 7. BUSINESS ITEMS Al Townsend A. Adoption of Resolution No. 020-1o, Approving the Design Review Police Chief Board's Recommendation for Proposed Development at Rio Bay Mark Dorsey, P.E. Street, File No. DRB ooi-io (Weaver) Public Works Director B. Approval of Contract No. C044-1o, Authorizing the Mayor to Execute City Engineer Professional Services Agreement with Jones & Jones Architects and Contact us: Landscape Architects, Ltd., for the design of McCormick Village Park 216 Prospect Street Port Orchard, WA 98366 (Weaver) (36o) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 May u, 2010, Meeting Agenda Page i of 2 C. Approval of Easement No. E045-1o, Authorizing the Mayor to Execute a Water Reservoir Easement with the City of Bremerton for the 580 Zone — McCormick (Dorsey) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT DIRECTORS A. Update: Annexations (Weaver) B. Update: Tremont Widening (Dorsey) 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee May 21, 2010 Myhre's 7:30 a.m. Tourism Committee May 12, 2010 City Hall 5:30 p.m. Utilities Committee May 17,2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) May 19, 2010 S.K.W.R.F. 6:30 p.m. Public Property Committee May 11, 2010 Myhre's 7:30 a.m. Work Study Session May 18, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 May u, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Subject: Adoption of Ordinance No. oo8-io, Amending Port Orchard Municipal Code Chapter 5.12 "Business Licenses" to Incorporate the Partnership with the Washington State Department of Licensing Master License Service Meeting Date: May 11, 2010 Prepared by: Allan J. Martin City Treasurer Atty Routing No. 165-09 Atty Review Date: May 3, 2010 Summary: The City Council is requested to make changes to Port Orchard Municipal Code (POMC) Title 5 Business Licensing, Taxation and Regulations. Changes are needed in Chapter 5.12 to bring the code language in line with Master License Service (MLS) administrative processes. On December 8, 2009, the Council approved a partnership with the Department of Licensing Master License Service (MLS) to provide billing and collection services for City Business Licenses. The City is fast approaching the annual business renewal date of June 3o and in anticipation the City will "go live" with MLS on May 17. A "redline" version of the changes is provided with the staff report. The redline edits delineate struck language, insertion of new procedural language, and renumbering meant as procedural changes that do not effect the cost of the license or otherwise change the original intent of the POMC. The authorization accepting these modifications are the last step in setting up the MLS procedures within the City. City Treasurer's staff received training on the new procedures and the use of MLS on May 6. Business License holders within the City limits have been sent a letter explaining the new program. The State estimates that between 1o% to 15% of City business' currently use MLS for some of their license renewals. Recommendation: Staff recommends approval of Ordinance No. oo8-1o, making procedural changes to the POMC Chapter 5.12 that aligns administrative procedures between the MLS and the City. Fiscal Impact: None Motion for consideration: Move to adopt Ordinance No. oo8-1o, incorporating the Partnership between the Washington State Department of Licensing Master License Service and the City of Port Orchard. Attachments: Proposed Ordinance No. oo8-10 Proposed Ordinance No. oo8-1o, redlined Introduced by: Treasurer Requested by: Treasurer Drafted by: Treasurer Introduced: May u, 2010 Adopted: ORDINANCE NO. oo8-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.12 "BUSINESS LICENSES" TO INCORPORATE THE PARTNERSHIP BETWEEN THE WASHINGTON STATE DEPARTMENT OF LICENSING MASTER LICENSE SERVICE AND THE CITY OF PORT ORCHARD WHEREAS, the City Council adopted Resolution No.116-o9 on December 8, 2009 establishing a partnership with the Washington State Department of Licensing Master License Service (MLS) by authorizing an Interlocal Agreement; and WHEREAS, the process of applying for and renewing a City of Port Orchard Business License will change with the partnership with MLS; and WHEREAS, the City Council desires to update Port Orchard Municipal Code Chapter 5.12 "Business Licenses" to reflect the partnership with MLS; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 5.12.020 of the Port Orchard Municipal Code is amended to read as follows: 5.12.02o Requirements Any person, firm, or corporation that engages in or carries on within the city any business, profession, trade or occupation designated in this chapter shall first obtain from the city a license to do so. Unless otherwise exempted, the license established by this chapter is in addition to any other license required by another chapter within Title 5 POMC. All licenses issued pursuant to the provisions of this chapter shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried on. Ordinance No.008-io Paee 2 of S SECTION 2. Section 5.12.040 of the Port Orchard Municipal Code is amended to read as follows: 5.12.04o Display of license — Transferability. (1) Licenses to Be Posted. The city business licenses issued pursuant to this chapter shall be prominently displayed in the place of business at all times, and such license shall not be tampered with in any manner; provided however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business or trade. (2) Licenses Not Transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting or operating the business. Also upon substantial change in the type of business operated, a new business license shall be required. SECTION . -A. Section 5.12.o8o of the Port Orchard Municipal Code is amended to read as follows: 5.12.o8o Application Procedure. (1) Application for a business license shall be made by submitting a completed Master Business Application and any appropriate addenda forms, and remitting all fees due, including handling fees established in RCW 19.02.075, to the Washington State Department of Licensing's Master License Service, in coordination with the city. (2) The annual business license fee shall be established by council resolution. (3) A license shall be issued after the application has been fully completed and all applicable requirements have been fully complied with. In addition, any business requiring a state or federal license shall obtain said licenses and provide the city with proof of their issuance prior to the issuance of a city business license or any renewal thereof. (4) Neither the filing of a new or renewal application for a license shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (5) Any business relocating to another address in the city shall reapply to have a new business license reissued to reflect the new address. (6) If more than one business is conducted on a single premises, a separate license Ordinance No.008-10 Page :A of s shall be required for each separate business conducted, operated, engaged in or practiced. (7) The license shall expire on the date established by the Master License Service, and must be renewed on or before the expiration in order to continue conducting business in the city. The license term and fee may be prorated to accommodate the expiration date established by the Master License Service. (8) A single (master) business license will be issued to the owner of a business complex which has dealers/stations utilizing a common single cashiering function. The owner shall provide a list of the State Department of Revenue tax numbers for all tenants. SECTION a. Section 5.12.090 of the Port Orchard Municipal Code is amended to read as follows: 5.12.ogo Renewal. (1) Renewal Process. The city business license must be renewed on or before the expiration date. The Master License Service shall send a renewal notice to each licensee at the last address provided by the business. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license. Failure to renew the license by the expiration date may result in the charging of the late renewal penalty established in RCW 19.02.o85. Failure to renew the license within 12o days after the expiration date may result in the cancellation of the license and may require the reapplication for a license in order to continue conducting business in the city. (2) Renewal Fee. The annual business license renewal fee shall be established by council resolution. SECTION 5. Section 5.12.110 of the Port Orchard Municipal Code is amended to read as follows: 5.12.iio License approval or denial. The city license officer shall approve business licenses for all persons who submit an application in accordance with the process described in POMC 5.12.o8o and are qualified under the requirements of this chapter and shall: (i) Submit all applications to the planning department, fire authority, city clerk's department and police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. (2) A business license shall only be issued if none of the conditions listed in POMC 5.12.120 (1)(a) through (f) exist or apply to the license applicant or premises proposed to be licensed. (3) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefore. Within Ordinance No.008-io Page 4 of 5 15 calendar days after the city license officer's decision, the applicant may request an appeal and hearing before the city council, by filing a written notice of appeal and paying the appeal fee of $200.00. The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place of the hearing. If request for hearing is not received within the time specified, the license officer's decision shall be final. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (4) If an application for a business license is denied and the applicant has filed a timely appeal of such denial, the applicant may continue to conduct business during the pendency of the appeal. SECTION 6. Section 5.12.16o of the Port Orchard Municipal Code is amended to read as follows: 5.12.i6o Civil penalty. (1) In addition to or as an alternative to any other penalty provided herein or by law, civil penalties shall be assessed against any licensee or person who violates any provision of this chapter as follows: (a) Operation of Business Without a License. The penalty for operation of a business without a license shall be assessed by the city license officer in an amount not to exceed $500.00 for every 3o-day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsection (i)(b) of this section. (b) Operation of Business After License Expiration. Failure to renew the license on or before the expiration date established by the Master License Service will subject the licensee to the penalty or license cancellation set forth in POMC 5.12.090. (c) Violations of the Business License Chapter. The penalty for violations of this chapter, other than the late renewal penalty, shall be assessed by the citylicense officer in an amount not to exceed $500.00. (2) The city license officer may vary the amount of the penalty to be assessed in subsections (1)(a) and (c) of this section, upon consideration of the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of the past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance. Ordinance No.008-io Paae r; of r, SECTION 8. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this nth day of May 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: John Clauson, Councilmember Introduced by: Treasurer Requested by: Treasurer Drafted by: Treasurer Introduced: May 11, 2010 Adopted: ORDINANCE NO. oo8-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.12 "BUSINESS LICENSES" TO INCORPORATE THE PARTNERSHIP BETWEEN THE WASHINGTON STATE DEPARTMENT OF LICENSING MASTER LICENSE SERVICE AND THE CITY OF PORT ORCHARD WHEREAS, the City Council adopted Resolution No. 116-og on December 8, 2oog establishing a partnership with the Washington State Department of Licensing Master License Service (MLS) by authorizing an Interlocal Agreement; and WHEREAS, the process of applying for and renewing a City of Port Orchard Business License will change with the partnership with MLS; and WHEREAS, the City Council desires to update Port Orchard Municipal Code Chapter 5.12 "Business Licenses" to reflect the partnership with MLS; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Section 5.12.020 of the Port Orchard Municipal Code is amended to read as follows: 5.12.020 Requirements Any person, firm, or corporation that engages in or carries on within the city any business, profession, trade or occupation designated in this chapter shall first obtain from the city a license to do so. Unless otherwise exempted, required by another chapter within Title 5 POMC. All licenses issued pursuant to the provisions of this chapter shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried on. Ordinance No.008-io Page 2 of 6 SECTION 2. Section 5.12.040 of the Port Orchard Municipal Code is amended to read as follows: 5.12.04o Display of license — Transferability. (1) Licenses to Be Posted. The city business licenses issued pursuant to this chapter shall be prominently displayed in the place of business at all times, and such license shall not be tampered with in any manner; provided however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business or trade. (2) Licenses Not Transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or •~a~a�er-transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting or operating the business. Also upon substantial change in the type of business operated, a new business license shall be required. SECTION n. Section 5.12.o8o of the Port Orchard Municipal Code is amended to read as follows: 5.12.o8o Application Procedure. for a business license shall be made Master License Service, incoordination with the citva `h ,.�� Ordinance No.008-io Page 3 of 6 (2) The annual business license fee shall be established by council resolution. (3) A license shall be issued after the application has been fully completed and all applicable er-dinan--es-reouirements have been fully complied with. In addition, any business requiring a state or federal license shall obtain said licenses and provide the city with proof of their issuance prior to the issuance of a city business license or any renewal thereof. {56 Neither the filing of a new or renewal application for a license shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (65) Any business relocating to another address in the city shall reapply to have a new business license reissued to reflect the new address. (g6) If more than one business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. (7) The license shall expire on the date established by the Master License Service, and must be renewed on or before the expiration in order to continue conducting business in the city. The license term and fee may be prorated to accommodate the expiration date established by the Master License Service. (8) A master business license will be issued to the owner of a business complex which has dealers/stations utilizing a common single cashiering function. The owner shall provide a list of the State Department of Revenue tax numbers for all tenants. SECTION 4. Section 5.12.090 of the Port Orchard Municipal Code is amended to read as follows: 5.12.ogo Renewal. (1) Renewal Process. e....heat:ons f-of .,...,.wal ,.rr.....:..es r,.,...se The city business license must be renewed on or before the expiration date year. The Master License Service ^ib4leense effleer shall send a renewal Ordinance No.008-io Paee a of 6 notice to each licensee at the last address provided by the businesste the eity. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license. Failure to renew the license by the expiration date may result in (2) Renewal Fee. The annual business license renewal fee shall be established by council resolution. SECTION 5. Section 5.12.110 of the Port Orchard Municipal Code is amended to read as follows: 5.12.ilo License approval or denial. The city license officer shall issue -approve business licenses to -for all persons who submit an application in accordance with the process described in POMC 5.12.o8o and are qualified under the requirements of this chapter and shall: (1) Submit all applications to the planning department, building department, fire authority, public works department, utility department and police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. rasEawr"r "%k + assrter.wmmm MWeeerl� nae r� (3)-A business license shall only be issued if none of the conditions listed in POMC 5.12.120 (1)(a) through (f) exist or apply to the license applicant or premises proposed to be licensed. (43) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefore. Within 15 calendar days after the city license officer's decision, Ordinance No.008-io Page s of 6 the applicant may request an appeal and hearing before the city council, by filing a written notice of appeal and paying the appeal fee of $2oo.00. The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place of the hearing. If request for hearing is not received within the time specified, the license officer's decision shall be final. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (fig) If an application for a business license is denied and the applicant has filed a timely appeal of such denial, the applicant may continue to conduct business during the pendency of the appeal. SECTION 6. Section 5.12.16o of the Port Orchard Municipal Code is amended to read as follows: 5.12.16o Civil penalty. (i) In addition to or as an alternative to any other penalty provided herein or by law, civil penalties shall be assessed against any licensee or person who violates any provision of this chapter as follows: (a) Operation of Business Without a License. The penalty for operation of a business without a license shall be assessed by the city license officer in an amount not to exceed $500.00 for every 3o-day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsection (1)(b) of this section. (b) Operation of Business After License Expiration. Failure to renew the license on or before the expiration date established by the Master License ServiceNvMin 3e days after the date of expi ,..ti m shal may subject the licensee to the penalty or license cancellation set forth in POMC 5.12.090 to reinstate the i:,.en (c) Violations of the Business License Chapter. The penalty for violations of this chapter, other than the late renewal en nalty, shall be assessed by the city license officer in an amount not to exceed $500.00. (2) The city license officer may vary the amount of the penalty to be assessed in subsections (1)(a) and (c) of this section, upon consideration of the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of the past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. Ordinance No.008-io Page 6 of 6 SECTION 7. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance. SECTION 8. This ordinance shall be in full force and effect five (5) days after posting and publication as required bylaw. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this day of May 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Sponsored by: Gregory A. Jacoby, City Attorney , Councilmember City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Aeenda Staff Reuort Agenda Item No. Consent Agenda 4E Meeting Date: May 11, 2010 Subject: Adoption of Ordinance No. oo9-1o, Prepared by: Mark Dorsey, P.E. Amending POMC 13.04.2oo Low Public Works Director Flow Toilet Rebate to include Multi- Atty Routing No: 12g-og Family Residential Atty Review Date: May 5, 2010 Summary: On March 11, 2010, the Utility Committee discussed the potential benefits to the City's water/sanitary sewer system by virtue of expanding its current Low Flow Toilet Rebate Program (POMC 13.04.200) to include multi -family residential. Replacement of a standard toilet (5.0 gal/flush) to a low flow toilet (1.6 gal/flush) is approximated to be $225 per toilet - plus tax. Although not yet determined that a direct financial benefit from the low flow toilet rebate program will be seen, the continued water use efficiency impact to the City's municipal water system will benefit immensely, as reflected in the passage of House Bill 1338 in 2003 (Municipal Water Law) and the creation of the Water Use Efficiency Program in 2007. The rebate program structure for multi -family residential is proposed as follows: • Limit rebates to first 25o applications received in a calendar year • Start rebate at $1oo.00/toilet (same as single-family) • Plumber installation — invoice as proof of install • Plumbers to have City Business License • Homeowner installation — must buy local • Homeowner installation — sales receipt as proof of install • Replacement, not new installation • Cash Rebate At the April 20, 2010, City Council Work Study Session, Council discussed this item and directed it for Consent Agenda action at the May 11, 2010, City Council Meeting. Recommendation: Staff recommends adoption of Ordinance No. oo9-1o, thereby amending POMC Chapter 13.04.200 - Low Flow Toilet Rebate Program to include Multi -Family Residential. Motion for Consideration: I move to adopt Ordinance No. oo9-1o, amending POMC Chapter 13.04.200 - Low Flow Toilet Rebate Program to include Multi -Family Residential. Fiscal Impact: NA Attachments: Proposed Ordinance No. oo9-10 Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: May 11, 2010 Adopted: ORDINANCE NO. oo9-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.04.2oo BY ADDING MULTI -FAMILY RESIDENTIAL TO THE LOW FLOW TOILET REBATE PROGRAM WHEREAS, in 2003 the Washington State Legislature passed House Bill 1338, known as the Municipal Water Law (MWL), to address increasing demands on our State's water resources; and WHEREAS, the Department of Health (DOH) was directed to oversee and enforce the Water Use Efficiency Program (WUE) to help support the goal of ensuring a safe and reliable drinking water supply; and WHEREAS, the Water Use Efficiency Program became effective on January 22, 2007 and requires that the State's municipal water suppliers complete goal setting one year from the effective date with the WUE goals being in effect for a six -year period; and WHEREAS, a low flow toilet rebate program was adopted by the City of Port Orchard on July 14, 2009 under Ordinance No. o18-og and is consistent with the City's Water Use Efficiency Program and serves to promote the City's water conservation goals; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code section 13.04.200 is hereby amended to read as follows: 13.04.2oo Low flow toilet rebate. A cash rebate shall be paid to the owners of single-family or multi -family residences for the installation of a 1.6 gallon low flow toilet replacing a standard toilet when the following conditions are present: (1) The homeowner has submitted an application for rebate on a form designated by the City; and Ordinance No.00g-io Page 2 of 2 (2) The installation address has an active water account in good standing with the City. (3) Multi -family rebates to be limited to the first 25o applications received in a calendar year. SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required bylaw. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this uth day of May 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Robert Putaansuu, Councilmember City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4F Subject: Approval of Firework Stand Application: J & M LLC Meeting Date: May u, 2010 Prepared by: Patti Kirkpatrick, CMC Citv Clerk Atty Routing No: Atty Review Date: NA Summary: During the last two years, the City Clerk's office has worked with the South Kitsap Fire and Rescue to make changes within the Fireworks Code (POMC 5.6o). Last year, the Council amended the Fireworks Code to do away with the number of stands permitted within City Limits due to the various annexations that were occurring. Some of the other changes were to increase the licensing fees and insurance limits. The City Clerk's office received an application from J & M LLC, for one (i) firework stand located at 731 Bethel Avenue. The applicant has submitted the required paperwork to obtain a firework stand license and upon the approval of the Council, staff will forward the appropriate documents to the Fire Authority, South Kitsap Fire and Rescue, for their approval, inspection, and issuance of the license. Recommendation: Approve the application has submitted upon the review of the Fire Authority's inspection and approval. Motion for consideration: I move to approve the firework stand application for J & M LLC, with license to be provided by the Fire Authority, South Kitsap Fire and Rescue, upon inspection. Fiscal Impact: The City receives $too per location. Attachments: Application for Fireworks Stand Permit Washington State Fireworks License Certificate of Liability Site Plan Documentation indicating approval to be on property CITY OF PORT ORCHARD City Clerk 216 Prospect Street, Port Orchard, WA 98366 Voice: (360) 876-4407 • Fax: (360) 895-9029 pkirkpatrick@cityofportorchard.us www.cityofportorchard.us FIREWORKS STAND APPLICATION (Port Orchard Municipal Code. 5.60) City Business License # (Fireworks License cannot be issued unless your City Business License is current) Firework Permit Fee $ioo.00 Deposit $50.00 Liim Name of Person Completing This Application —T�/-/ /qi Point of Contact Telephone Number: PO J50X Street Address City State Zip Code _T 11lVe a g- .i - _7 / Y AL -73/ 13E-17&z Avt- e eW-Oszc'/ mb wvF �V 360 Dates of Temporary Stand Location of Temporary stand Time Open to Public Closing Time: i. Describe how this event will benefit the community: *VZT//L , �'//Zf7IaJfA5 5 � 2. What is expected traffic pattern for the event? Attach a site map indicating location of the stand, fire lanes, garbage, andrestroom/sari-can(s): dt" %��i/?k/�G /OT u/TIf tL3sl' �c�e 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (i) traffic control and (2) crowd control? /i/�/� 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: 4 G-1—ftW }- G/la✓I' wiu d'r2WIPF 7";r# 61;*s &I -a oa�T/J—doTl7f 5. Describe how fire lanes will be identified and kept open: 4/ -VV "C' a '-V 5 T/Zmo len&b 4'/�P Nov6H/99/Z /=//t6'.L3r2" 6. If any stand requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: F/lZt' 1��tR� S Nv os O?ilT2; �/L 4c)4-b?ZbWi- 7. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? -)C- Yes No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: a tNl G L C 8. If nature of this event requires event workers to stay overnight, where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject property ) must complete and sign the following: Name of property owner: Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? _ Yes _ No If yes, please describe in detail: B. How will use of your property by event workers impact neighboring property owners? Describe steps that will betaken to mitigate anv adverse imuact(s): 5"vcG /s P No /Mr1fzr oN 77t;<,m 9. How will the stand area be cleaned before, during, and after the event? -1-*/ l L L L GGEYI,✓S 12tb' /'Rapoy L3� maws wemas 150VAt eAPITea SIYCW bVn1^6 TEM dQA,(-.f RIOAM77 /JT7Zn ; ro. Please provide any other information, which you believe, will assist the City in the review process: 4THE FOLLOWING MUST BE INCLUDED WITH THE APPLICATION: i) A -copy of .a-validand subsisting license by the State of Washington. authorizing the holder thereof to engage in the fireworks business; 2) A certificate of insurance for liability of not less than $$r,000,000 Liability; $5oo,000 Bodily Injury; $300,000 Property and shall name the City of Port Orchard as an additional insured. 3) A copy of the site plan 4) A copy of a lease agreement between the permittee and the owner of the property Failure to provide any of the above information may result in a denial of the permit. The following requirements apply to all permittee's engaged in Sales of Fireworks and license may be revoked for violation of any of these requirements: • The applicant shall obtain a business license from the City; • The location of the proposed place of business shall comply with all rules and regulations of the Port Orchard Municipal Code; • If the applicant removes such temporary stand and cleans up the debris before the tenth day, of July each year, he/she shall be entitled to the return of his/her $5o.00 deposit; • Fireworks shall be sold only from temporary stands and must conform to the written rules and regulations of the Fire Authority; • Each permittee must obtain a permit from the Fire Authority; • Each permittee is entitled to only one retail outlet; and • Fireworks will only be sold from approved stands starting at 9:oo a.m. and close at ii:oo p.m. Signature of Applicant, 'A?9� Date: '9 —,A 4 /D Date Application Received: Fireworks Permit Date Deposit Fee Paid: Amount of Deposit Date Fireworks Permit Fee Paid: Amount of Fireworks Permit fee Receipt No: Date received Certificate of Date received copy of WA State License to engage in fireworks business: Approved By City Clerk or designee Date application given to Fire Authority: Fire Authority Approval of refund of deposit Yes _No If no, why: Decision of City Council: _ Approve Disapprove Date of Decision: Conditions: Date Deposit Returned: Amount of Deposit IJRAY'rON INSURANCE ]BROKERS, INC. 10 CENT'$R POINT ROSE, SIETE sot BIRMPUS'I' OFFICE BOX 94061 TELEPHONE: BVGIIpad bfA 3a24 BBtbENOW414, ALABAMA a52rD (20a) (Sus) 86d-68o6 PAX; (loss) 85"M CERTIFICATE OF INSURANCE NO, 033930 We certify that insurance as outlined below is afrbrded under policy CA000003209-20-1073 issued by Admire/ insurance company. NAMED INSURED R. Brovm, Ino, 9400 Inspiration Drive Missoula, Montana 59808 PERIOD March 1, 2010 to February 2 .2011; Both Days inclusive. COVERAGE Premises Liabilitylnsurame. Covering legal liability for Bodily Injury and/or Property Damage arising out of ownership the maintenance Or use of the Insured Retail Promises stated below. LIMiT OF LiABIL17Y S 500,000 each occurrence 53,000,000 general aggroWe The following are included as Additional Insured(s), bin only In respect of the legal liability of such Additional Insureds) for Way injury and/or Property Damage sustained during the Period of Coverage stated below and arising out of the ownership, maintenance or We of the Insured Retail Premises stated below USED PRINCIPALLY FOR RETAIL SALE OF THE NAMED INSUREDS PRODUCTS comprising 1.40 (Class C) fireworks and related items. 1bm insurance afforded such Additional Insured(s) b subject to all the teens, exclusions and conditions ofpol1ey and, for pardoWars concerning such terms, exclusions and conditions, the Additional Ins s are referred to the policydocuments in Vie the Named Insured. The limit of Iablllty, slated above shall not be increased cither,1) po�soa9ion of receipt of more than one certificate by any insured. ) try the Incluslot' of mO 41 than one insured, nor 2) by the NAME c& ADDRESS OF JBM L.L.C. ADDITIONAL INSURED . P,O, BOX 1463 OROVILLE, WA 98844 CHUCK BAIR 731 BETHEL AVE. PORT ORCHARD, WA 98380 COUNTY OF KITSAP ALL AGENTS 8r ASSIGNS LOCATION OF INSURED 731 BETHEL AVE. RETAIL PREMISES PORT ORCHARD, WA 98380 PERIOD OF COVERAGE JUNE 10TH 2O10 TO JULY 10TH 2O10 both days inclusive, BUT IN NO EVENT AFTER February 2g, 2011 In the am% policy CA000003209.20-1073 is cancelled before the expiration date ibereef, we, the undersigned, Will endeavor to mail 10 days written notice to the Additional lnsured(s), whose name and address is shown hereon, but failure m ma0 such notice shall unPeaE no obligation or liability of any kind upon the company, its agents or representatives. DRAYTON INSURANCE BROKERS, INC. 4J92010 DATE OF ISSUE GER PRESIDENT FIRE PROTECTION BUREAU i t} r ^ 4is ;+, r =, effo#" `' FIREWORKS LICENSING PROGRAI RK P6 Box 42600 ®;Q Olympia WA 98504-2600 APR 1 9 2: i%) �j�" j' a•+n +^ (360) 596-3914 FAX: (360) 596-3934 APPLICATION OPT' CLERKS or-; ICE FOR RETAIL FIREWORKS STAND PERMIT TO Governing body of city, town, or county in which DATE OF fireworks stand will be located. I APPLICATION -- O Applicant Name Address, City, State L L O /V Sponsor (If other than applicant) Address, City, State Location of proposed fireworks stand [Enclose drawing of stand location] 75/ 'L Manner and place of storage prior, during, and after sales dates D oG s z - SE -0 5 06041a State -Licensed Fireworks Supplier f iliUknA- NG. 'fOb / /A. v6-- 1-jwf.�e4'44 FIREWORKS STAND PERMIT For the Fireworks Sales Year of: 2010 (Must be conspicuously displayed at all times while the stand is open to the public) By virtue of having been granted a license by the State of Washington and this permit from as the local governing authority, the named person, firm or organization is hereby authorized to sell U.N. 0336 1 AG Consumer fireworks at the location designated herein between the following date and times: Sales for July 4th From: From: To: -ML- j °j 771 -LaI U To: Sales for December 315t Sponsor S Vv,*l G.LC fOAOX ///63 O/?oa/LLB u�. 9. ^141 Location /s/ Signature of Official Granting Permit ////Signature of Title Agency Date Permit Number Licensee Name T/T,k /}VXII-& S License Number LUSPfG D /�S6 30W42M13 (x3/W) o -t:l,,m M M-t� E. ag EP ti z CD ty) O VI r � i I MAR-04-2010 12:34 PM J.M. LLC Z09 476 3046 P-02 THIS LEASE made and entered into as of the Date of Lease, by and between CHUCK BAIR and JACK HUGHES, doing business as J & M L.L.C. The following is agreed upon between Chuck Bair and Jack Hughes: A: Date of Lease of space in parking lot: June 17, 2010 to July 10, 2010. B: CHUCK BAIR is not liable for fireworks stand or merchandise inside fireworks stand located at: 731 Bethel Ave. Port Orchard, WA 99360 J & M L.L.C. assumes all responsibility for personal property and merchandise. C: Rent for 24 days: $1300.00 D: Surrounding area of fireworks stand to be kept free ofdebris during 24 days of operation. E: If the sale of fireworks is banned by the State of-Washiroon or by the city of Port hard due to tine danger, this lease if void. 4:54/ 1:M I & M L.L.C. FIRE PROTECTION BUREAU FIREWORKS LICENSING PROGRAM PO Box 42600 000(JJ7jf®�� Olympia WA 98504-2600 wnsxixcm PATROL (360) 596-3914 FAX: (360) 596-3934 u� IJ FIREWORKS WHICH MAY BE LAWFULLY PURCHASED, POSSESSED, OR DISCHARGED BY THE PUBLIC DURING THE INDEPENDENCE DAY AND NEW YEAR'S CELEBRATIONS Check with the local authorities before discharging fireworks. RCW 70.77.136 states: "Consumer fireworks" means any small firework device designed to produce visible effects by combustion..." and "...classified as fireworks UN0336 by the United States department of transportation..." RCW 70.77.401 states: "No fireworks may be sold or offered for sale to the public as consumer fireworks which are classified as sky rockets, or missile -type rockets, firecrackers, salutes, or chasers as defined by the United States department of transportation and the federal consumer products safety commission... " SPARKLER: Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. CYLINDRICAL FOUNTAIN: Cylindrical tubes containing pyrotechnic composition. Upon ignition, a shower of colored sparks and sometimes a whistling effect is produced. This device may be provided with a spike for insertion into the ground [spike fountain], a wood or plastic base for placing on the ground [base fountain], or a wood or cardboard handle if intended to be hand-held [handle fountain]. CONE FOUNTAIN: Cardboard or heavy paper cone containing pyrotechnic composition. The effect is the same as that of a cylindrical fountain. ILLUMINATING TORCH: Cylindrical tube containing pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base, or hand-held. WHEEL: Pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six driver units containing pyrotechnic composition. Upon ignition, the wheel revolves producing a shower of color and sparks and, sometimes, a whistling effect. GROUND SPINNERS: Small device similar to a wheel in design and effect, placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device. FLITTER SPARKLER: Narrow paper tube containing pyrotechnic composition which produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function. MINE/SHELL: Heavy cardboard or paper tube attached to a wood or plastic base and containing pyrotechnic composition. Upon ignition, "stars" or other devices are propelled into the air. The tube remains on the ground. COMBINATION ITEMS: Firework devices containing a combination of two (2) or more of the effects described in this section. SMOKE DEVICE: Tube or sphere containing pyrotechnic composition which, upon ignition, produces white or colored smoke as the primary effect. HELICOPTER/AERIAL SPINNER: A tube containing pyrotechnic composition. A propeller or blade is attached which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of the flight. ROMAN CANDLE: Heavy paper or cardboard tube containing pyrotechnic composition. Upon ignition, up to ten "stars" [pellets of pressed pyrotechnic composition that burn with bright color] are individually expelled at several -second intervals. FIREWORKS THAT ARE UNLAWFUL TO PURCHASE, POSSESS, OR DISCHARGE AT ANY TIME IN WASHINGTON STATE SKY ROCKET: Tubes that contain pyrotechnic composition. Sky rockets utilize a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is produced at the height of flight. CHASER: Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect or other noise is often produced. MISSILE -TYPE ROCKET: A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance. FIRE CRACKERS/SALUTES: Small, paper -wrapped or cardboard tube containing pyrotechnic composition. Upon ignition, noise and a flash of light are produced. 3000-420-039 (R 3109) FIRE PROTECTION BUREAU FIREWORKS LICENSING PROGRAM PO Box 42600 Olympia WA 98504-2600 �•+.�,» (360) 596-3914 FAX: (360) 596-3934 RETAIL FIREWORKS LICENSEE REQUIREMENTS I . Fireworks may be sold only in roadside stands or buildings used for no other purpose. 2. A fireworks license, and a permit to operate a fireworks stand, does not authorize the sale of articles other than fireworks. 3. Only U.N. 0336 I AG consumer fireworks, not otherwise prohibited by RCW 70.77, may be sold in fireworks stands. 4. Only fireworks obtained from State licensed wholesalers may be sold in retail stands. 5. Fireworks can only be sold and purchased between the hours of 12:00 noon to 11:00 PM on June 28'", from 9:00 AM to 11:00 PM from June 29th to July 4 h, from 9:00 AM to 9:00 PM on July 5'h. During this period fireworks may not be sold between the hours of 11:00 PM and 9:00 AM. 6. Fireworks may also be sold from 12:00 noon to 11:00 PM from December 27th to December 31st. 7. At least one adult person (18 or over) shall be present at all times the fireworks stand is open to the public. No person under 16 years of age shall be allowed to sell fireworks or remain within a fireworks stand when it is open to the public. 8. Fireworks must be displayed in a manner to prevent handling by the public prior to sale. 9. At least two fire extinguishers, (2 % gallon water or equivalent), must be accessible to sales personnel. Smoking shall be prohibited within 20 feet of the fireworks stand. 11. No fireworks shall be discharged within 100 feet of the fireworks stand. 12. "No Smoking" signs, with red letters at least two inches high, shall be posted in plain view of all purchasers. 13. A list of fireworks that maybe sold to the public, as furnished by the State Fire Marshal, must be prominently posted at each retail stand, . 14. Firework stands shall be maintained free from any condition, which increases or may cause an increase of hazard or menace of fire or explosion, or may become the cause of any obstruction, delay, or hindrance to the prevention, suppression or extinguishment of fire. 15. Adequate and safe means of egress shall be provided from all areas where fireworks are sold. 16. Firework stands shall be securely locked when not open for business, or all fireworks removed to a safe location approved.by the local fire official. 17. Fireworks shall be promptly removed from the fireworks stand and either returned to the supplier or transferred to an approved storage facility at the end of the selling period, pending ultimate disposal. July 31" for the July 0holiday period, and January 10'h for the New Years holiday period. 18. Fireworks retailers shall not knowingly sell fireworks to persons under the age of sixteen (16) years of age. 19. A sign reading "No Sale of Fireworks to Persons Under the Age of Sixteen Years, PHOTO I.D. REQUIRED" in letters at least two inches high, on contrasting background, shall be conspicuously posted on the front of each retail fireworks stand. J.&M LLC PO Box 1463 Oroville, WA.98844 (509) 322-5618 Cell (509) 476-2616 Office (509)476-3048 Fax ichAgdimaihnet CONTACT NAME: JACK HUGHES PHONE NUMBER: (509) 476-4465 HOME (509) 322-5618, CELL (509) 476-304-8 FAX City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4G Subject: Approval of Public Event Application: Fathoms O' Fun Summer Festival Craft/Vendor Show Fathoms O' Fun Grand Parade Meeting Date: Prepared by: Atty Routing No: May 11, 2olo Patti Kirkpatrick, CMC Citv Clerk W, Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Fathoms O' Fun Festival Inc. has submitted their applications for their public events to use a portion of the City's parking lots and right-of-ways. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments and are attached for your review. As previously stated, this is not a new event and they have been granted permission to host their event on City streets and City parking lots for several years. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the public event applications for the Fathoms O' Fun Grand Parade and Fathoms O' Fun Summer Festival Craft/Vendor Show; and allow them to hold their public events using a portion of the City's parking lots and right-of-ways. Alternatives: Deny the applications or approve with conditions. Attachments: Application for Public Event Map City Department and Fire Department Comments i .a a =i t• '� � "�\ City Clerk's Office 216 Prospect Street (_ B (; Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) f " I" - „I!Y i_tYCi�nS ih'iCi Public Event Application NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name Name of Sponsoring Organization: ( o-Aom t CS ' ran .-r-17G Name of Person Completing This Application: ZJd /1V11)Vt`:iC/ic<,J PointofContact: 866 MpV`Jwt,sn, Telephone: S60620 Address: e,o, Pax, 31a i"'OV- oorc &V-d 1A)14 Street City State Zip Code Dates of Event (Inclusive) �t t,nv.a f v2 y r �% VtC.. Tr�waa 2 .7 Location of Event: "i e�fi �� Vz-one- t� Lc-?�.^--� rL y1i* (LfEvent Will Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors: (9 0 % Time Open To Public: ,..o.� Anticipated Number Of Visitors: �14c'6 Time Open To Vendors: 0 4A Closing Time: 1-1 This application form was designed for use by applicants for various types of events Please answer all questions, you may attach additional pages if necessary. 1. Describe type of event and how this event will benefit the community: -4-k-4L, dm�6� 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani-can(s): 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (1) traffic control an (2) crowd control? 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: ..2ez. ,,.�`,1La� 5. How many participants and visitojj carsa anticipated and where will parking be provided? City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 6. How have parking impacts been coordinated with the neighbors (residential and/or business)? 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Kitsap Transit. Attach written verification of commitment for service from Kitsap Transit:_ 8. Describe how fire lanes will be identified and kept open: 9. Will this event require the closure of s1rreet If so, list street name with date and time of requested closure:_ A e B_ 2 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: 11. How will the event area be cleaned before, durino and after the 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑ Yes ❑ No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: 13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes ❑ no If yes, the owner/manager of subiect Property must complete and sign the following: (Please ask for additional forms if multiple properties are being used and have different owners.) Name of property owner: iJ o e u rtac� Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? o Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject property(s) must complete and sign the following: Name of property owner: Authorizing authority: Address: Signature of authorizing Title: Telephone: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 15. Please provide any other information, which you believe, will assist the city in the review process: .die_ o � Q 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury A. Can you provide this Insurance Certificate? SIGNATURE OF APPLICANT: 11 hft a Date: 1'-127- ao/o City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: 0- )lam DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/03/2009 FATHOMS O' FUN SUMMER FESTIVAL CRAFT SHOW June 25th thru June 27th, 2010 Setting up beginning June 24th — removal June 27`h Question 1: The Fathom's annual craft/vendor show. It will be a three day event at the Port Orchard Marina. This event, replacing the waterfront carnival, attracts and entertains visitors and residents as of Fathoms O' Fun Summer Festival. The show will consist of crafts, food, commercial entries and bouncing toys for the kids. The proceeds from this event are critical in helping to pay for the other Fathoms events. Question 2: See attached map of waterfront parking lot. Question 3: There is no need for traffic control or crowd control. Fathoms O' Fun Festival will provide evening and overnight security on Friday and Saturday nights. Question 4: See attached site map for locations of garbage dumpster and portable toilets. Portable toilets will be serviced frequently and regularly. Question 5: 60+ participants and 4000+ visitors will park in other parking lots and on the streets in the vicinity. Parking will be available at South Kitsap Mall and shuttle service will be provided by Fathoms or by Kitsap Transit (pending). Question 6: The show will be well advertised online and in the Port Orchard Independent and The Sun so local residents will be aware of the potential for parking problems. Bay Street businesses will receive a schedule of events to be held in the downtown area. Question 7: Kitsap Transit provides regular bus service between the waterfront and South Kitsap Mall. Notices will be placed on the windshields of cars parked in the show site for one week prior to the vacating of the lot. The arrangements with Kitsap Transit will be made and monitored through Doug Johnson and John Clauson. Question 8: A meeting with Fathoms management and the Chief of Port Orchard Fire Dept. will be held to establish the locations of fire lanes. Appropriate signs will be provided. Question 9: No street closures will be required for the show. The parking lot will need to be cleared of all vehicles by early evening 7:OOPM on Thursday, June 241h, to allow the vendors to set up. We expect that most of the Farmers Market will be joining us and the balance will be set up in front of Amy's or will set up on Fredrick Ave. Question 10: Not sure at this time. We will be talking with Port Orchard Marina and Peninsula Feed for the small amount of expected need of electricity. Question 11: Fathoms will keep the show site clean during the run of the show, and will clean the site after the show. Fathoms volunteers will install cautionary fencing around the planting areas to discourage pedestrian traffic across them. Question 12: Advance publicity, posting the parking lot, and newspaper coverage will warn vehicle owners of the closure of the parking lot, thereby reducing the risk of an unhappy driver. Cars parked by marina patrons who have extended parking approved by the Harbormaster's office will be towed to the Harbormaster's office parking and back to the parking lot on June 27th at no cost to the car owners. Question 13: The Port of Bremerton Board of Commissioners will not consider our request for the use of their end of the parking lot until the City Council has given approval. Attached is a copy of our letter to the Port. When they respond to our request we will give you a copy of their ruling. Question 14: n/a Question 15: The show provides a boost to local economy both by motel rentals, and by meal and personal purchases made at South Kitsap businesses. Additionally, the show will be widely publicized. We expect out of area visitors who will also use local business services. Additional information: Schedule for event: June 24, set up by vendors after 7 pm — space awnings only. No overnight occupancy (camping) or goods on site. June 25 (Friday) Expected to open the Festival at 12 noon, close at 9 pm. A "Concert By The Bay" will be held in the early evening at the Gazebo Park. June 26 (Saturday -Grand Parade Day) Open 10 am, close at 9 pm. June 27 (Sunday) Open 10 am, close 5 pm. All vendors cleared and site cleaned by 10 pm. Ck4 0) tiI u, WATERFRONT pAgK roe CP _0 0 06 r i Li ki �cp 0 -0 0 0 �Su,,Yi e CPO (D 0 000 S-e-A up 6�-rie-K -7 Pry' -7 P-(4 8 oaf y- L-aoe- -1 � * -, iZc—a I bofAc, 12! S) L) of vs+%?,V- FATHOMS O'FUN FESTIVAL, INC. P O BOX 312 Port Orchard, WA 98366 January 26, 2010 Port of Bremerton Board of Commissioners 8850 S W State Highway 3 Port Orchard, WA 98366 Dear Commissioners Fathoms O' Fun Festival is planning its year 2010 events, including it's new craft and vendor show to be held on the waterfront in downtown Port Orchard. We are submitting an "Application for Public Event" to the Port Orchard City Council, and this letter to you requesting use of the parking area adjacent to the Marina Park and the spaces across from Amy's Restaurant from Thursday, June 24th (after 7:00pm) through Sunday, June 27th. The vendors will be cleared and the area cleared by 10 pm on June 27 ". In the past several years you have approved our request for the use of the Port's parking area, subject to certain conditions. We feel those conditions were reasonable, and we anticipate working with them in year 2010. Attached is a copy of our application to the city, our letter to Kitsap Transit, and a site map of the waterfront. After the Port Orchard City Council responds to our application we will let you know so you can then consider this request. We look forward to meeting with you and responding to any questions you may have. Sincerely, Bob Morehouse, Events Chair (360)373-2815 or cell (360) 620-3363 cc: Port Orchard City Clerk FATHOMS O'FUN FESTIVAL, INC. P0BOX 312 Port Orchard, WA 98366 January 26!h, 2010 John Clauson, Director Service Development KITSAP TRANSIT 234 Wycoff S Bremerton, WA 87312 Dear John We are actively planning Fathoms O' Fun Summer Festival activities that will occur from June 25 through July 41h, 2009. As in past years we are asking your assistance. Instead of a carnival for the 2010 Festival, Fathoms will be hosting a three day Craft and Vendor Fair. The vendors will set up starting June 24th (after 7:00pm) and the Fair will open at noon on Friday, June 25th. It will operate through 5 pm on Sunday, June 27th, with the lots cleared and cleaned by 10 pm Sunday night. The buses which normally enter the parking lot on Harrison Avenue will need to be re- routed as in past years. We will advise commuters using the parking lot to use Kitsap Transit from the South Kitsap Mall which will be designated as their temporary parking lot. In past years the foot ferry has offered free foot ferry service during certain hours. We are hoping that service be provided during the afternoon and/or evening hours during the days of the Fair. We understand that there is a concern this year with the hours, cost, and days any service may be provided, and we are ready to work with the city and Kitsap Transit to find an equitable solution. We always encourage carnival attendance from the Bremerton area, and the boat ride is a great help. Our parade is scheduled for the evening of June 26th. The parade starts at 6 pm, and all units will have completed the route by approximately 8:30 pm., and the crowds will disburse at that time. We will find vans to provide service in the lineup area for our parade participants, but will be appreciative for any services you can provide for our viewers. As above, we'll publicize pick-up points for the buses so that the public can get to downtown viewing sites and back to their parking areas. Fathoms O' Fun really appreciates the help you've given the community in the past. We are again asking for your help in making our annual waterfront family events trouble free for you, the city, and us. If there are questions or suggestions, please call me. We hope to have our plans finalized very soon. And, of course, you'll be aware that the annual Sinclair Inlet Fireworks Show will be at 10:30 pm on July 4th. It will be preceded by a "Concert By The Bay" performance at the Waterfront Gazebo. Thank you for your continuing commitment to our community, Jud Turner, Parade Coordinator— 360 871-5740, cell 360 674-6463 Bob Morehouse, Craft and Vendor Fair Coordinator - cell 360 620-3363 Permit Review DATE: FEBRUARY 18, 2010 TO: CITY CLERKS OFFICE FROM: CHIEF TOWNSEND SUBJECT: SPECIAL EVENT PERMIT FATHOMS OF FUN CRAFT FAIR/,FESTIVAL:- The Port Orchard Police Department approves of the special event permit application with the following requirements: I . Report any problems or suspicious activity to the Port Orchard Police immediately. 2. Comply with all city ordinances and regulations. 3. Public works will need to coordinate any signage necessary to block the street, parking areas, etc. 4. Ensure adequate access for emergency vehicles and transit. 5. Fathom's must arrange access or alternative parking for Port of Bremerton vehicles. b. If the event coincides with a farmer's market day, Fathom's will need to have a written plan as to how the farmer's market is impacted. 7. No off -duty police officers are necessary, and I believe the concept of this event is a great alternative to the carnival. Memo To: Port Orchard City Clerk Office From: Greg Rogers, Fire Prevention Manager CC: Date: February19, 2010 Re: Fathom's O' Fun Summer Festival Craft/Vendor Show The South Kitsap Fire & Rescues Prevention/ Education Office has completed a review of the application for public event that was dated received February 18, 2010 for the Fathoms O' Fun Summer Festival Craft/Vendor Show, located in Downtown Bay Street and at the waterfront parking lot, and approves the plans with the following comments and stipulations: Tents or areas with cooking or deep -fat fryers shall have a minimum 40-B:C fire extinguisher or a Class K type extinguisher. An inspection of the cooking operation will be required before opening, by a member of the Fire District 7 Prevention/Education office. Fire department access around the area must consist of the following: The unobstructed width of a fire apparatus access road shall be not less than 20 feet. Access roads shall be extended to within 150 feet of all parts of all exterior walls (of the first story) on all buildings or portions of buildings. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. Sin el _i Greg D. Ro r Fire Prevention Manager Page 1 of 1 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 ��uCe MA U-encc 9) V0 NOTE; Thissection to be completed by City staff after application is submitted to the City. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: : a-�Vlenc A- SOl (C)0). / Pon ta.73o M a. huv l & - REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: DECISIONOFCITYCOUNCIL: 0 APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/0312009 City Clerk's Office 216 Prospect Street OO Port Orchard, WA 98366 360-876-4407 * 360-895-9029(fax) NOTE: This section to be completed by,Clty staff. after application Is submitted to the City, REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: ^^� dBl�o� REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03103/2009 r City Clerk's Office ?.l 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) "ifY u' cF<r S C(hi[ , Public Event Application NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Event: rA T/��/A 1 S l/fit r "q N ✓ �^ 111�'N'yYUr--) / � /' \ 4 U L Name of Sponsoring Organization: /�Y-��'�'%l I rY! )r UMlY Z -f—NC Name of Person Completing This Point ofContact:c t/D * t/ESSI LE7 URNF/t Tel phone:y�� g7 5-'7 t Address: 'issv LaNG- L4k�:- R/�= s, W/� gF367 ,� 11 Street city �/ ry City State Zip Code Dates of Event (Inclusive) JV/Y-6 .2010 Location of Event: /VHT (JKC-17'l y M YLJ f , 41—T J / /��/' / (If Event Will Have Multiple Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors, 00 ' S6U %�%�%� p Time Open To Public: Anticipated Number Of Visitors: _,.SbflO / Time Open To Vendors: Closing Time: This application form was designed for use by applicants for various types of evenLs. Please answer al/ questions; you may attach additional pages if necessary. 1. Describe type of event and how this event will benefit the community: s Lr /117-ACIf F-� 2. What is expected traffic pattern for the event? Attach �jsite m p indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani-can(s): sE tt �/�I&D 3. Describe how public safety, traffic and crowd control will be provided. How any golice officers do you anticipate will be needed for (1) traffic control and (2) crowd control? i�9C%f f7 4. Describe how sanitation control (garbage and restrooms) will be provided and maintained: SEE '4Mx�,o 5. How many participants and visitor cars are anticipated and where will parking be provided? S;�- 'A Aw* City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 (fax) 6. How have parking im acts been coordinated with the neighbors (residential and/or business)? S.G jy/JC ;% 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Ki ap Transit. A ch written verification of commitment for service from Kitsap Transit:_ 8. Describe how fire lanes will be identified and kept open: Se5-1 /0 7TIO-C#1---%a 9. Will this event require the closure of an s#�eet_? If so, list street name with date and time of requested closure:_ 10. If any event activity or vendor requires electrical connectons or other accommodation to operate, indicate location and how you anticipate meeting their needs: SL=G /Lj 7T�GI�GP 11. How will the event area be cleaned before, during and after the event? S .�7t'4dm--1J 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑ Yes ❑ No If yes, name of person responsible for rendering payme t of tow/storage charges. If no, explain why: 13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes ❑ no If yes, the owner/manager of subject Property must complete and sign the following: (Please ask for additional foif multiple properties are being used and have different owners.) SZE' Name of property owner: Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑ Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject property(s) must complete and sign the following: Name of property owner: Authorizing authority: Ttle: Address: Telephone: Signature of authorizing authority: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes o No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 15. Please provide any other information which you believe, will assist the city in the review process: 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury S6E �7 —7,VG A. Can you provide this Insurance Certificate? SIGNATURE OF APPLICANT: . Date: .,2—/ 7-- /G City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029 REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: . REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY ADNMSTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: lQ�71C> DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/03/2009 FATHOMS O' FUN FESTIVAL GRAND PARADE Saturday, June 26, 2010 The Fathoms O' Fun Grand Parade will be presented on its customary date, the last Saturday in June. The following information is an attachment to the Application for Public Event. Question 1: The parade will include bands, floats from other festivals, marching units and commercial entries. A minimum of 100 entries and 1300 participants are anticipated. This parade is a traditional event and will be viewed by several thousand spectators. Question 2: Port Orchard Boulevard MUST BE CLOSED to all traffic except parade traffic from 1:45 pm until the last parade participants are off Port Orchard Boulevard (approximately 7:30 pm). The parade participants will begin to arrive on Port Orchard Boulevard starting at 1:45 pm, utilizing the down hill lane. The barricades and cones will be needed at the top and bottom of Port Orchard Boulevard prior to 1:45 pm. The 12 to 15 festival floats from other communities will arrive first as they must be assembled and ready for judging by 4 pm. The other participants will arrive between 2 pm and 5 pm. The parade will form in the downhill curb lane. The center lane will be kept open for down hill parade traffic only, the uphill lane for emergency vehicles and Parade Officials' route control vehicles. Bay Street from Port Orchard Boulevard through it's intersection with Bethel Road should be cleared of parked cars and closed by 5:30 pm. The parade will start at 6 pm and will move east on Bay Street to Bethel Road. Walking units will disperse on Beach Drive, equestrian units near Port Orchard Signs on Bethel Road, and floats at the South Kitsap Mall. Fathoms O'Fun will provide Parade Marshals along Bay Street to keep the parade moving at a steady pace. There may be requests for other events to be held on Bay Street before the parade. Fathoms Parade Committee has not been notified of any pre -parade events at this time — January, 2010. Question 3: Public Safety, traffic and crowd control will be provided by the Port Orchard Police Department. Question 4: Portable toilets (10) and trash bags will be spaced at intervals on Port Orchard Boulevard for the use of the parade participants. Two portable toilets will be at the area of the St Vincent de Paul store, and another two near Kitsap Bank. Question 5: Parade participants will park their vehicles in the dispersal areas identified in #2 above. Spectators will park in the city parking lots and on the streets adjacent to Bay Street. Question 6: Prior to parade day, the businesses on Bay Street will receive a schedule of events to be held in the downtown area. Question 7: We will have shuttle service via volunteers in vans to move vehicle drivers back from the dispersal areas to their parade entries Port Orchard Boulevard. These vans will run 3 pm to 5:30 pm. Spectators are expected to use Kitsap Transit regularly scheduled bus service from outlying areas to downtown Port Orchard. Question 8: See #2 regarding emergency vehicle traffic on Port Orchard Boulevard. Police and fire units will lead the parade so they will be available for emergencies at the earliest possible time. Question 9: See #2. Question 10: None. Question 11: Parade participants are not permitted to distribute materials from moving vehicles on the parade route. Some litter will be left behind by the spectators, but this has not been a major problem in the past. Trash containers will be provided throughout the parade route. Each equestrian unit will have their own clean up crew. Question 12: Parade participants will be told they cannot park on Port Orchard Boulevard before during or after the parade. The city Public Works Department posts Bay Street with "NO PARKING" signs. Any violators will be towed at owner's expense. Nevertheless, Fathoms will pay towing charges if required to do so. Question 13: Local property owners will give approval for use of their property for assembly and dispersal areas. Separate agreement letters are maintained, and "also insured" insurance certificates are provided when requested. We will be using St. Vincent de Paul parking lot for the reviewing stand. Question 14: Parade applications mailed out of county will include information regarding availability of overnight accommodations. Fathoms O'Fun does not provide lodging to parade participants, but encourages the use of city and county food and lodging providers. Question 15: During the afternoon of Saturday, June 26th, children's and adult events, including the 3 day Craft and Vendor Fair that will replace the carnival on the waterfront. These events generally do not create traffic or congestion problems. Fathoms 0' Fun provides transportation via volunteer church buses during the parade formation period to move parade participants between the end of the parade route, the Mall area, and Port Orchard Boulevard. Permit Review DATE: FEBRUARY 18, 2010 TO: CITY CLERKS OFFICE FROM: CHIEF TOWNSEND SUBJECT: SPECIAL EVENT PERMIT -FATHOMS OF'FUN PARADE: The Port Orchard Police Department approves of the special event permit application with the following requirements: 1. Report any problems or suspicious activity to the Port Orchard Police immediately. 2. Comply with all city ordinances and regulations. 3. Public works will need to coordinate any signage necessary to block the street, parking areas, etc. 4. Ensure adequate access for emergency vehicles. 5. Police will provide traffic control. 6. An insurance certificate naming the City as an additional insured must be received by April 15, 2010 to ensure adequate time for the state to authorize closure of SR 166 (Bay Street). Failure to provide that may result in declining closure of the road and cancellation of the event. Memo To: Port Orchard City Clerk Office From: Greg Rogers, Fire Prevention Manager CC: Date: February19, 2010 Re: Fathom's O'Fun Parade The South Kitsap Fire and Rescue's Prevention/Education Office has completed a review of the application for public event that was dated received February 18, 2010 for the Fathoms U Fun Parade, located at Port Orchard Blvd. and Bay Street, and approves the plans with the following comments and stipulations: Fire department access around the area must consist of the following: The unobstructed width of a fire apparatus access road shall be not less than 20 feet. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. Sincerely, Greg D. Rogers Fire Prevention Manager Page 1 of 1 City Clerk's Office 216 Prospect Street �J Port Orchard, WA 98366 360-876-4407 * 360-895-9029(fax) NOTE: This: section to be Completed by City staff after application is submitted to the City. REVIEW AND COMMFNT13Y POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: py_ REVIEW AND COMMENT BY FINANCE DEPARTMENT: kvJ(,e'--� REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: DECISION OF CITY COUNCIL: 13 APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City Clerk/Assistant to the Mayor Revised 03/03/2009 City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 360-876-4407 * 360-895-9029(fax) NOTE: This section to be completed by City staffafter application is submitted to the City. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: DATE APPLICATION RECEIVED: DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION: CONDITIONS: Approved By Patricia J. Kirkpatrick, CMC City clerk/Assistant to the Mayor Revised 03103/2009 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Subject: Adoption of Resolution No. 020-10, Approving the Design Review Board's Recommendation for Proposed Development at 710 Bay Street, File No. DRB oo1-10 There is a motion on the floor as follows: Meeting Date: Prepared by: May 11, 2010 James Weaver Development Director Atty Routing No: 055-10 Atty Review Date: May 5, 2010 Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 02o-io, approving the Design Review Board's Recommendations for Proposed Development at 710 Bay Street, File No. DRB ooi-io. Summary: This business Item was continued by City Council from the April 13, 2010 meeting. On March 2, 2010, Rudolf Swenson submitted a Building Permit application for a Facade improvement for his property at 710 Bay Street. The fagade improvement triggered the criteria per POMC Chapter 16.20 for review by the Design Review Board. After proper public notice, as required in POMC Section 16.2o, a public hearing was conducted on April 130, regarding the building permit application for the property, located at 710 Bay Street, and was closed. The Design Review Board met and approved the project via the Design Review Board Resolution No. DRB-001-010. The Design Review Board recommendation included the following statement "NOW, THEREFORE, BE IT RESOLVED that the Design Review Board of the City of Port Orchard hereby recommends to the City Council that the project DRB-ooi-10, located at Flo Bay Street should be approved as submitted". It should be noted by the City Council that no revisions or conditions were attached to the DRB resolution. The DRB members voted unanimously to support the design. Recommendation: The DRB recommends that the City Council approve Resolution No. 020-10, affirming DRB Resolution No. ool-1o. Fiscal Impact: None. Alternatives: Approve City Council Resolution No. 020-10, with conditions as proposed by City Council. Deny City Council Resolution No. 020-10. Attachments: City Council Resolution No. 020-10 DRB Resolution No. DRB oo1-10 Applicable Project submittal Data Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 020-10 Development Director Development Director Development Director May 11, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE DESIGN REVIEW BOARD'S RECOMMENDATION FOR PROJECT DRB-ool-10 LOCATED AT 710 BAY STREET WHEREAS, The Design Review Board is appointed by the Mayor and tasked by the City Council to provide input into issues related to architectural design and; WHEREAS, The Design Review Board makes recommendations to the City Council as appropriate in conformance with Port Orchard Municipal Code Chapter 2.20 and; WHEREAS, The City in conformance with the City of Port Orchard Municipal Code and as outlined Chapter 2.78, has created a Design Review Board (DRB) consisting of a minimum of five and maximum of seven members of the public and; now, therefore; WHEREAS, the Design Review Board of the City of Port Orchard, Washington, based upon the findings and conclusions below regarding Design Review Board Resolution ooi-io, recommended approval to the City Council for the proposed project DRB-ool-io located at 710 Bay Street. WHEREAS, the being full advised, the City Council finds and concludes as follow: FINDINGS AND CONCLUSIONS Based upon the recommendation of the Design Review Board, the application was approved by three quarters or more of the appointed members of the DRB as noted in Design Review Board Resolution DRB-ool-lo; that the design is consistent with the purposes, intent, and objectives of the applicable Port Orchard design standards. Resolution No. 020-10 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: the Port Orchard City Council hereby adopts the findings and conclusions of Design Review Board Resolution DRB-ooi-io, and approves project DRB-ooi-io located at 710 Bay Street, as submitted. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this nth day of May 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk CITY OF PORT ORCHARD DESIGN REVIEW BOARD RESOLUTION NO. DRB-001-10 A RESOLUTION OF THE CITY OF PORT ORCHARD DESIGN REVIEW BOARD RECOMMENDING APPROVAL OF PROJECT DRB-001-10 WHEREAS, The Design Review Board is appointed by the Mayor and tasked by the City Council to provide input into issues related to architectural design and; WHEREAS, The Design Review Board makes recommendations to the City Council as appropriate in conformance with Port Orchard Municipal Code Chapter 2.20 and; WHEREAS, The City in conformance with the City of Port Orchard Municipal Code and as outlined Chapter 2.78, has created a Design Review Board (DRB) consisting of a minimum of five and maximum of seven members of the public and; THE DESIGN REVIEW BOARD OF THE CITY OF PORT ORCHARD, WASHINGTON, MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE PROPOSED PROJECT DRB-001-10 LOCATED AT 710 BAY STREET. BASED UPON THE FOREGOING FINDINGS THE DESIGN REVIEW BOARD HEREBY; CONCLUSIONS Conclusions: 1. The Design Review Board finds that it is within their authority to make recommendations to the City Council through a Design Review Board Resolution. 2. The Design Review Board voted on a motion to approve Design Review Board Resolution N o. D R B-001-10. NOW, THEREFORE, BE IT RESOLVED that the Design Review Board of the City of Port Orchard hereby recommends to the City Council that the project DRB-001-10 located at 710 Bay Street be approved as submitted. PASSED by the Design Review Board of the City of Port Orchard this 23rd Day of March, 2010. Design Review Board Resolution DRB-001-10 Page 1 of 2 Design Review Board Member ATTEST: James R. Weaver, City Development Director Design Review Board Resolution DRB-001-10 Page 2 of 2 CITY OF PORT ORCHARD Planning Department 216 Prospect Street RFCelveo *R 0 2 .,n Port Orchard, WA 98366 CIT u Phone (36o) 876-4991 • Fax (36o) 876-4980 PLq� OF PORT N/NG OEPgR ME RO Date Received: J&110 By., car Receipt #:�/A File #: 1J R B-0D 1- jU NT APPLICATION FOR PROJECT REVIEW BY DESIGN REVIEW BOARD FEES: Paid with any associated Land Use permit (Conditional Use Permit, Rezone, etc.) filed in conjunction with this project. A Pre -Application meeting is required. See Land Use Form 011. INCOMPLETE APPLICATION WILL NOT BE PROCESSED. This application must include the following: ❑ ONE original notarized Application, plus eight copies (9 total) ❑ ONE original Contact Information sheet. (attached) ❑ List of property owners within 300', map, and signed statement (1 set) (See attached instructions) ❑ Mailing labels for the list of property owners. (3 sets) (See attached instructions) ❑ Complete legal description of the property. (8 copies) — ❑ Preliminary architectural renderings with elevations and details of architectural features: _❑ 8 sets: 11 " z W" e-� —❑ 1 set: 81/2" x 11" ❑ Site plans, sufficiently complete to show comprehensive project design, drawn to scale no smaller than 1 inch equals 30 feet showing location and size of all of the following: (8 copies) ❑ structures ❑ buffer areas, yards, open spaces, common areas or plazas ❑ walkways ❑ outdoor light fixtures showing the area of illumination ❑ parking areas ❑ fencing ❑ mechanical and utility equipment ❑ outdoor furniture, trash receptacles, accessories, and other such items ❑ landscaping details if required) ❑ Detailed information on the following: ❑ The type and finished color of exterior siding, windows and roofing to be used, signs and trim to the extent known (provide samples of factory finishes, if possible) (8 copies) ❑ How mechanical and utility equipment will be screened (8 copies) ❑ Color, type, and specification of all fencing materials (8 copies) ❑ The type, model, color, height, wattage, for all outdoor light fixtures (8 copies) ❑ The type, model, and color of all outdoor furniture, trash receptacles, and accessories (8 copies) ❑ Complete and detailed narrative of the proposal, including written responses as to how the project is in conformance with Downtown Overlay District design standards found in POMC 16.20.211 — 16.20.225: (8 copies) ❑ CD-ROM which contains all submitted documents in Adobe PDF or Microsoft Word format. Other documentation may be required other than what is listed above. Page 1 of 6 Planning form 017/Review by Design Review Board (Rev. 09/09) Print clearly (use Ink) or type: Property address: S File#: Wa1 - 00 1- f0 Assessor's Parcel Number(s): 4 .�rO O / - e >6 Z - f 306 !q Total Area: Zoning Classification: 0,:rMMe2 O_t,'V L Did you meet with Planning Department staff in a Pre -Application meeting? ❑ NO ❑ YES: date Is the property within 200' of the shoreline? ❑ NO ❑ YES: shoreline designation Are there Critical Areas on the Property? PNO ❑ YES: STATE OF WASHINGTON ) ) SS COUNTY OF KITSAP ) type Signature Owner ( ust be notarized) Print Name of Owner I certify that I know or have satisfactory evidence that Qit A &V\ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. WITNESS MY HAND AND OFFICIAL SEAL this of M a CZ -At) , 20AD. /n�/� &a YV,kte �e 'S0n NIJTARY PUBLIC in and for the State of Washington, residing at QbA6 ( 0(\ �t 01 My appointment expires: Q-�-auk 3 Page 2 of 6 Planning form 017/Review by Design Review Board (Rev. 09109) 31dorado Stone - Brick Page I of 1 BRACCIANO Romig BRICK This brick's color palette has an overall hue of subtle brick rods with a smattering of charcoal blacks to create a warm overall color blend. Shown here with an ovorgroul technique. VIEW OTHER PROFILES O RomaBrick ViaBrick TundraBrick Modona Brick VIEW ALL BRICK PROFILES WHERE TO BUY PRIVACY FOLICY I LEGAL NOTICE REQUEST BROCHURE ittp://www.eldoradostone.com/brick/ 3/5/201( ?ldorado Stone - Brick Page 1 of I TRIM MOLDING For a finished appearance around doors and windows, the doop outside dimensions allow for either stone or brick to finish inside the return providing a very clean fransition between materials. Sian: 11.:, L x 4,6" %V x 2'.I I Crown Detail Brick Surround Half Rounds Wall Cap Column Cap Trim Molding f) Choose Accents' Colors 1) Compare Sizes Color shown: Cortooa WHERE TO BUY PRIVACY POLICY f LEGAL NOTICE REQUEST BROCHURE ittp://www.eldoradostolic.coin/brick/ 3/5/201( CITY OF PORT ORCHARD Planning Department 216 Prospect Street Port Orchard, WA 98366 Phone (36o) 876-4991 - Fax (36o) 876-4980 CONTACT INFORMATION This sheet must accompany your application PROJECT NAME: A. Applicant Information Are you the owner of the property? .,YES Name: zklpa y Company Name/DBA: % Mailing Address: z4 t .S�1•,7- , City/State/Zip Code: 106/Z ro IUili{q Phone No. _366 -g7/,/�-4/'i?50 E-mail Address: �20.4' % -)4q"o B. Primary Contact P Name: % Company Name/DBA: Mailing Address: City/State/Zip Code: _ Phone No. E-mail Address: File# DR(3-0411-/0 ❑ NO If not. Part C must be conmieted W5,FA3 Fax No. ,3[,D •- 274 ••- 7 1 Information 'v-Xf� Fax No C. Owner Information (if different than applicant) Name: 4-me, 4-5 4,9&� Company Name/DBA: Mailing Address: City/State/Zip Code: Phone No. Fax No. E-mail Address: Signature of Property Owner Authorizing Application Signature of Applicant RFcF��F M4R �2 0 P 0 T R /� FpgRT�� o Date 4 Date Page 3 of 6 Planning form 017/Review by Design Review Board (Rev. 09/09) i66 NN . r N rn~ 0 rn= n \rn nD .�f � v0 Y/ T ° o " � m o 0 o -Zi v Q o g z D ZO c 41-3/4"�3'-dl t6'-1-3/4"—r 0I rn i< m zz rn wG 01 u- O z Q G1 � r7i y� T2 J3 �y Lm 3-i tj'i 'e J ALL-PURPOSE STRUCTURES PIC. ALL-PURPOSE STRUCTURES x A �� lli wIffillim V RINGS AND THINGS 710 BAY ST. PORT ORCHARD, WA I W O z 0 n '� 0 , o n v m .00 _o yv au-eurzeose sraucruacs mc. RINGS AND THINGS N ALL-PURPOSE °;°`;;:';° ";�;,;;;;"", 710BAYST. STRUCTURES •�•.......-� PORT ORCHARD, WA ,! o F'.-2�'. L ) `\ § / , �g / / \ z� 9 6 7 / i\ \� $3 §f < ` \ kk - § ! K \ �(/5 \ � � \§ .mWALK ,-t---------- � c _'ffi� _smear RINGS AND THINGS w ALL-PURPOSE 2 mnBAY SI STRUCTURES-®,.__�'- PORTocHARD,WA ZMO a X G)� oo m m Y. Q ai q 0 a zD >z mm 9 2 10 ALL-PURPOSE STRUCTURES MC. RINGS AND THINGS _1�;' ALL-PURPOSE �,„';;,; , .;,; ;' «, 710 BAY ST. STRUCTURES ��.� .e� PORT ORCHARD, WA CN1 �D rn z O O D 0 w 0 _ O z z rn 00 <N rnn J0 O NZ DO r DO 5;70 m o n < m 70 N o 0 8' SIDE WALK 7ti ;V 4 Z Q Z 1= G� N iE F � rn r Z z O TE O O D F C me Ocl << rn rn6 OZ O� � N ------- —7OII� - �OPEN� I rnz 0 -1 ly ALL-PURPOSE STRUCTURES EJC to ALL-PURPOSE ,v".G90% .BUB. °-°^°�.^•°^'°° STRUCTURES 1 RINGS AND THINGS 710 BAY ST. PORT ORCHARD, WA 6 z� zq z -n 0Q r r o Z � y O 9- 4 Z 0 O T OPEN TO BELOW ON I Cf.. n �N 3 -----------JVANDOW -- --- r 6z4 BAY WINDOW 8VANDOW GBAY ,, Au+000SESTRUCTUMS Wc. RINGS AND THINGS Q\ ALL-PURPOSE °„�°v, °a^;; ;; ^^, , 710 BAY ST. STRUCTURES•. ww..n. PORT ORCHARD, WA V T N vNN vp pz p n NNn�fI� �v4' Res N $T$�4 g R opm 4! O1 N S y O x~ z O x m ..m99n4mmmnmom ALL-PURPOSE STRUCTURES MC. RINGS AND THINGS J ALL-PURPOSE „;;� :;" „" , °;,°'� y;;" w 710 BAY ST. STRUCTURES . . M .-w=--m PORT ORCHARD, WA 29'-G' i ,uL-PUMSE STRUCTUMS MC RINGS AND THINGS 00 ALL-PURPOSE 710 BAY ST. STRUCTURES „N.-<<°o:'w:'� : wm,, ,- w PORT ORCHARD, WA k-. �N x yN73 J IAA p6oNNoM <; 'A csa�r 2 fb I p v3 z 8 Sa � i� ,o RD o N nr .� y M N Gi ?a z� AU PURPOSE STRUCTURES WC RINGS AND THINGS \p ALL-PURPOSE 710 BAY ST. STRUCTURES Iv>1w. sstl�W.i -vuw. ua PORT ORCHARD, WA I n n x t C W r l C b ALL-PURPOSESTRUCTU6SWC. RINGS AND THINGS ALL-PURPOSE ,; ; ';°`„° "° ;"°�' "�;°" 710 BAY ST. STRUCTURES " LM«-_•® PORT ORCHARD, WA ALL-PURPOSE STRUCTURES INC. 1408 HUBBARD STREET • SUMNER, WA 98390 t 800-678-7761 Superior Quality Roofing and Siding • Standard and Custom • Metal Building Insulation • Pro -Seal Sealant Flashings • Fiberglass for Skylights • Dektites and Flashers • SunSky Light Panels • Screw Fasteners • Retrofit Dektites Discover the Strength and Beauty of Colored Steel NONE Brown Desert Brown Light Brown Beige 001010 Weathered Copper Forest Green Evergreen Light Green Dark Blue MEN Light Blue Red Light Stone MEN White Grey Charcoal Black Manufactured in Washington for the Pacific Northwest Note: The colors are reproduced as accurately as possible using modern printing inks and methods. See your local dealer for actual panel color samples when making your final decision. Champion Metal ct WA. Color Chart (All Ceram -A -Star® 1050CC SMP Paint System) * Note: Color availability subject to stock on hand. * Specifications subject to change without notice. 12" Coverage 36" Coverage 24" Coverage Color Snap-Loc Ultra -Panel Wide -Rib Hi -Rib 4-V 2.5" Corr. Plain Galvanized 26 29 29 30 29 1 26 30 29 26 30 29 26 Beige 29 29 26 26 26 Black 26 29 29 Brown 26 29 29 29 26 29 26 29 26 Charcoal 26 29 29 26 26 26 Dark Blue 26 29 29 26 26 26 Desert Brown 26 29 29 26 26 26 Evergreen 26 29 29 29 26 29 26 29 26 Forest Green 26 29 29 26 26 26 Grey 26 29 29 29 29 29 Light Blue 26 29 29 29 29 29 Light Brown 26 29 29 29 29 29 Light Green 26 29 29 29 29 29 Light Stone 26 29 29 26 26 26 Red 26 29 29 29 29 29 Weathered Copper 26 29 29 26 26 26 White 26 29 29 29 26L 29 26 29 26 ** Exposed Fastener Panels 40-Year Warranty ** Snap-Loc Panels 50-Year Warranty Snap-Loc I4 ix" Net G"erage Widdi, ,. T Ultra -Panel Jfi" Ne[Cm'ern9la Wide -Rib YL° N<I t'oreeeBe WiEJa� �--°---� Hi -Rib �� xn.icw"ae. LWEYEl wIn1X " 1 4-V 24" Net Coverage Widthyl 2.5" Corrugated F_ ** On Painted Products / 25-year on Galvanized March 8, 2010 Re: Rings & Things Project A �I), �00 <® � 0 To The Design Review Board: �N�i(i A�iQ Z �0 COFA O O, Our proposed project is an extensive remodel of the existing footprint of the 710 Bay St. qRT y9 location. This will conly with the design review board criteria stated within the DOD 49F O as a late 19u' to early 20` century construction motif. In the remodel, although not a T requirement, we will comply with the DOD to extend the width of the existing 8' sidewalk to the desired 10' width; this will allow us to square off the face of the 710 building. Starting with the back of the 710 building, we have an existing courtyard 16' X 25' that will be converted to an enclosed workshop area. During this construction phase a new water main and repair of existing courtyard drains will be repaired and updated. The staircase in the back will be redirected for an emergency exit. The building will be undergoing a ventilation upgrade to include heat and air conditioning, including exhaust fans. The new unit will be installed by Hank's Sheet Metal on the roof. Shielding of the unit is too being determined. This remodel requires the removal of the marquee in front of the 710 building to allow for a 2n' story loft with natural lighting from northern exposure widows for our gem grading lab. This loft will cantilever over 50% of the sidewalk per the requirements of the DOD for rain protection and will not exceed the height requirements. It will also include canned lighting underneath the cantilever, for night illumination for the public, and for store signage. The face of our building will include a new entry door with time lock mechanism, new 6' arched windows with an updated brick front with Bracciano Roma Brick. The brick will form a window surround for the sill area with a Keystone arch to conforrrt to the arch of the window. The existing alley gate will be replaced with a wrought iron motif gate matching the interior railing for stair and loft area of the gem lab. The upstairs loft will include hardy plank siding with an 8' window center and 4' bay windows, 1 on each side of center. The loft also includes 2 — 2' X 4' windows, 1 facing east and 1 facing west, and 1 — 3' window facing south for additional natural light. Exterior building lights will consist of wall sconce lights in wrought iron Victorian motif, with 2 hung on the upper loft area on either side of the 8' window and 4 matching sconces hung between the windows and door of the lower level. Underneath the north facing windows will be 10 removable hanging baskets, with a wrought iron motif for the hangers and baskets, for summer use. Below the baskets will be a metal roofed awning 18" in width the full length of the front face, with an 8" wrought iron motif at the base. All additions, front and back and the awning will be snap locked steel roofing with evergreen as the color. (Color choice was dictated by the neighboring Moon Dog back side metal siding to prevent a collage of colors.) Our roofing will match their siding. Print Parcel Search Map Page 1 of 1 Kitsap County Parcel Search [Click here to Print] http://kewppub3.co.kitsap.wa.us/ParcelSearch/PRINT.ASP?CMD=ZOOMOUT&APAN=&... 3/2/2010 Kitsap County Assessor's Property Report Page 1 of l Property Report Tax Account No. Process No. Situs Address 650-014-002-0004 1738673 12 BAY ST Property -Class: 590- Other retail trade Parcel Information Tax Code Area: 10805 j # of Buildings: 11 Acres: 08 Jurisdiction: 1PORTORCHARD View Rating Sec-Twp-Rng: 126 24N IE Zoning: lCity Status: A - Active Neighborhood: 18402601 Last Inspected: 07/31/07 Taxpayer Information Name: Mailing Address: SWENSEN RUDOLPH & SHIRLEY http://kcwppub2.co.kitsap. wa.us/plslitiswllis,online_lis_info_pkg.acct_info?p_in_ip_acct_i... 3/2/2010 PROPERTY OWNERS LIST VERIFICATION I, , do hereby certify that the attached names and addresses are for the property owners within 300' of my property lines, and not less than two parcels deep, and are true, correct, and complete to the best of my knowledge. Dated this day of 20_ Signature Print Name: Page 4 of 6 Planning form 017/Review by Design Review Board (Rev. 09109) C SAMPLE ADDRESS LIST 4050-1-023.0004 252401-3-017-2003 4027-019-008-0003 John Doe 4059-006.009-0000 Jane Doe (111640426) 111 Doe Street Dave Smith C/O American MTGE., Co. Port Orchard, WA 98366 111 Smith Street 223 Water Street Port Orchard, WA 98366 Chicago, IL 86531-1234 Jane Doe 211 Smith Street Port Orchard, WA 98366 46.�O-- I - cb t - 0005 mAr�SoutZ -762- "EA 4 {ho�sH f-f�r,�x�5'LtG 4�SG-ul�/•-c�o3 .. c�oo�'7' �4(05 -Poll/C�r11y 't211erd `7146AY sU— .. vl�r •UCj"3 ._OIUL NDcz G�c�eR �42cC'l,S ';e'R1jea Ke -7Zel �/v�sa ors 6ZzAItots. LOA g9hf 4 MAR 0 2 7910 CITY OF pni" - f]Ro.: " I[WENT Page 6 of 6 Planning form 017/Review by Design Review Board (Rev. 09/09) f F ec L; Mt. YCRNMEIVI t6t%viv ?LOW 7- A 007 009 001-00 V 001-0 v v 11 02 007-01 Iv 001-04 ✓ BANKS STREET U01-00 001-03 S/IP L� 00-0y p tY 114, KI TSA P'�,, qo 1, 0 ZZ .07-00 407-01 DE ky' A t 8 001 ou-0 012 004 oll, j a i -yd Qz Qz 007-00 is, 0 007-0 0 6-00 00)-00 is' 0o C -00 016-00 w 6H STREET %, 00 012-00 ji-go 008q00 coy-" 001-02 001-01 007 0 d !17it-pp —.1; 1 1 — .. Fo 0 8 - 0 v 006-00 1 Z v J U d U z � r Ow vU ' O Z u -15 40g4 con oo ❑ .� h o C >` COO) W •--� N m 11+ v-, Vr l� W � 00 COO) z co c F �F C c C u R C C S C. F 61 •O Val M CD Vi to �,N V G1 ar C aeaa ccoas�m a O V Y Cq � —OD 7 rt 7 RM 0 c b fi t 3 E =e"a` �Ud 1 0�� <z uy C] e h s ' 4 C C� E o. U �a e V s g o0 o�G - 54 0 `a3 Q. O Y �= O N O NE u j oNj cc yZ n�y v� v 12 cc 3 e �' o aEl w c yN o gym �-v 'yss a� � Eb o 3� v Coo z O o 0 a m3 cn a y > �nn•x v00� on ob a 2 C =1 'Y$t - Uzi r.� L 12 go> �" O O V yam-' 2 ' y Q C L.0 O C C"� O C 0 G..� x'3 vzi�o o �bo� Ei H a i Ap e sn n5p3 gTa a § T i N P 3J �M F e Q i W o � 0 V ^ L Y �l W 3 � G G O m p h G ?0 C e A d 3 F H 3pC V Y � < e J YP s Y '� y i 8 E 2 p 2 a � E i. N Y e lir v s `� gg aq g@g ap g€ dg & tk F- ,n �Ti"t m .. mB 55 5y 01, V E �?� ;ulN Emmnmm� mmnmm�4�in emN $ � e ❑ N 2A gEEE{rr3l3! 82s y ! _P E City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Subject: Approval of Contract No. Co44-1o, Authorizing the Mayor to Execute a Professional Service Agreement with Jones & Jones Architects and Landscape Architects, Ltd., for the Design of McCormick Village Park Meeting Date: May 11, 2010 Prepared by: Thomas Bonsell Associate Planner Atty Routing No: 052-10 Atty Review Date: May 4, 2010 Summary: McCormick Village Park is a regional, City of Port Orchard municipal park consisting of approximately 30 undeveloped and forested acres located North of SW Old Clifton Road, East of Campus Parkway in the McCormick Woods community within the City of Port Orchard. The City of Port Orchard solicited for professional consultant services to help the citizens develop a Master Site Plan for McCormick Village Park. The Master Site Plan will be utilized to guide future development of the park. Money for park development including professional consultant services were part of the money set aside specifically for park development and was transferred to the city from the County in April 20io after the McCormick Woods area annexation. Jones & Jones Architects and Landscape Architects, Ltd were selected as the consultants for the park development project. The agreement was reviewed and approved by Greg Jacoby on April 30, 2010. Recommendation: Staff recommends that the Council approve Contract No. C044-1o, authorizing the Mayor to execute the professional services agreement with Jones & Jones Architects and Landscape Architects, Ltd) for the McCormick Village Park development. Motion for consideration: I move to approve Contract No. C044-10, authorizing the Mayor to execute a Professional Services Agreement with Jones & Jones Architects and Landscape Architects, Ltd. for the design of McCormick Village Park in an amount not to exceed $40,000. Fiscal Impact: None Alternatives: City Council has the option to reject this professional services agreement for the McCormick Village Park development consultant (Jones & Jones Architects and Landscape Architects, Ltd), or to amend the agreement as necessary. Attachments: Professional Services Agreement Jones and Jones proposal for McCormick Village Park Master Plan CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT CITY CONTRACT NO. C044-10 THIS Agreement is made effective as of the day of 2010, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 and Jones & Jones Architects and Landscape Architects, Ltd, ("CONSULTANT") 105 South Main Street, Suite 300 Seattle, WA 90104 Contact: Mario Campos, Principal Phone: 206-624-5702 Fax: 206-624-5923 Tax Id No.: 91-1170155 for professional services in connection with the following Project: McCormick Village Park Master Plan planning and landscape architecture services. TERMS AND 1. Services by Consultant A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Consultant shall perform the services described in the scope of work in accordance with the Schedule set forth in Exhibit A. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 1 of 7 3. Compensation Compensation for these services shall be in accordance with the fees schedule incorporated into Exhibit A and at no time shall exceed a total of $40,000.00. 4. Payment A. Consultant shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper invoice. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 5. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 6. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the 2of7 Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends 7. Standard of Care Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 8. Ownership of Work Product The City acknowledges the Consultant's documents, including electronic files, as the work papers of the Consultant and the Consultant's instruments of professional service. Nevertheless, the materials, reports, memoranda and other documents prepared under this Agreement, whether finished or unfinished, shall become the property of the City upon completion or termination of the services and payment in full of all monies due to the Consultant. The City agrees to defend, indemnify, and hold harmless the Consultant, its officers, directors, employees and sub consultants (collectively, Consultant) against any damages, liabilities or costs arising from or allegedly arising from or in any way connected with the City's use, reuse or modification of the documents for purposes other than those intended in this Agreement. Under no circumstances shall the transfer of ownership of the Consultant's drawings, documents, electronic files or other instruments of service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Consultant's copyrights in any of the foregoing, full ownership of which shall remain with the Consultant, absent the Consultant's express prior written consent. 9. Indemnification/Hold Harmless Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees and defense costs, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, 3of7 RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification. The City shall indemnify and hold harmless the Consultant, its officers, directors, employees and sub consultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the City's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the City is legally liable. Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence or for the negligence of others. Nothing in this section shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. 10. 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, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 4of7 I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident and $1,000,000 annual aggregate. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence,$2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City. with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 11. Assigning or Subcontracting Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 12. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. 13. Notice Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: 5of7 Lary Coppola Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 14. Disputes Mario Campos Principal Jones & Jones Architects and Landscape Architects, Ltd, 105 South Main Street, Suite 300 Seattle, WA 90104 Phone: 206-624-5702 Fax: 206-624-5923 Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. 15. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys fees from the other party. 6of7 16. Extent of Agreement/ModiCcation This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: Date: LE Lary Coppola Mayor Name: Mario Campos Attest: 52 Patricia J. Kirkpatrick, CIVIC City Clerk Title: Principal Date: 7of7 ARCHITECTURE + LANDSCAPE ARCHITECTURE + PLANNING '� > I / r 1 f Ulf 1 •; {'..' f 4 ,,, f .. �4, : 43 t FF� ¢: .yr�'N li��.' � I pprG C� '�• _.J. _ � 7! J �' Q Y�I, �. 1 l 1r 7 �J pI v, a .arF •Y t ems;' S �t4�4`f-Ri f, ,., � -��'/ y, Y Oro f1 i ,•- t; � r� 1 i - - � @�{ i n .✓��¢•q„ - � � A 1 '� v,Yr _ .� 'i'' say �. ' 1' � yi�'9 iY Vys< i tf s ? sJ 4i - f�. .. .. _ t'ir:si... � a � .'•;,'�3s,i .. a �ti .�, . COMMITTED TO PLACE, COMMUNITY IDENTITY AND NATURE JONES;;JONES ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS 8 April 2010 City of Port Orchard Planning Department 216 Prospect Street Port Orchard, WA 98366 RE: McCormick Village Park Master Plan Proposal Dear James Weaver, 105 SOUTH MAIN STREET SUITE 300 SEATTLE, WASHINGTON 98104 USA p 206 624 5702 • f 206 624 5923 93119.200 On behalf of the Jones &Jones team, we are delighted to submit our proposal forthe McCormick Village Park Master Plan project. The landscape of McCormick Village Park will yield a comprehensive network of streams, trails, forest and communities. It is a testament to the community of Port Orchard's vision and planning that this park will be created to provide significant open space for future generations. Our team Is knowledgeable with the physical and community landscape of the Kitsap Peninsula and its watershed. We work well with Puget Sound communities, because we: Listen with respect -We spend time with clients and stakeholders to understand the disparate needs and desires of community members. We spend time in the landscape, listening to the land, the water, and living things. 2. Build connections -We identify potential links with community businesses and organizations, with existing trail systems, and with habitat connectivity to enhance the greater open space network. 3. Provide parks of enduring and lasting value -We implement community visions using local, sustainable materials and processes so the parks themselves reveal their underlying ecology. Jones & Jones is locally recognized for creative problem solving, developing new standards of service and our proven ability to coordinate the efforts of various project participants. We offer a core group of highly qualified professionals with proven expertise to provide and coordinate the full range of visioning and design services that you require for the project. We thank you for your consideration of ourteam's proposal, and we look forward to being involved in such an important undertaking for such a magnificent park. Sincerely, #rompos, AIA, Principal -in -Charge Cory Parker, ASLA, LEED AP Project Manager www.jonesandjones.com Parks and Open Space Trails and Green v✓ays Art in the Landscape Natural Infrastructure Firm Profile JONES & JONES Architects + Landscape Architects + Planners Jones & Jones is an Internationally renowned design and planning firm founded in 1969 to bring an integrated approach to the planning and design of built environments and the conservation of natural and cultural resources. Throughout 40 years of practice, the firm has built a reputation for award -winning excellence in a number of specialties including parks, trails, greenways, nature and visitor centers, museums, natural resource planning, cultural resource preservation, and river and highway corridor planning and design. Each completed project, regardless of size or type, has seamlessly blended natural and cultural elements in a way that responds to the site, community, and needs of the users. We specialize in public projects involving complex issues and the diverse interests of multiple stakeholders, including work for various municipalities, county, state, federal agencies, and tribal governments. We see communities in a regional context —as interconnected systems of mutually dependent resources, and we honorthe rhythms of nature, culture, and community. We apply these principals with success to projects all over the world, seamlessly blending natural, cultural, and built elements to express the essence of place, on both site to regional scales. We believe that improving the balance of the natural and built environment is good design and good business. Our position of leadership in renewing landscapes was recognized in 2003 by the American Society of Landscape Architects with its highest honor, choosing Jones &Jones as the first recipient of the Firm -of -the -Year Award. The Society recognized Jones &Jones for: ...establishing new standards of excellence in analysis, creative design, and the practice of landscape architecture. For more than thirty years, its principals and associates have shared their talents and inspiration with students and colleagues. Jones &Jones is known both for the unique culture it has created and its philosophy of embracing that which is challenging and unexplored. Its work and its commitment to future generations have created an enduring legacy." Location Team Seattle, Washington Mario Campos, AIA, ASLA • 26 years at Jones &Jones Organization Cory Parker, ASLA,LEEDAP•9years atJones &Jones Corporation Karen Davis Smith, LEED AP • 2 years at Jones & Jones Marina Alvarez • 3 years at Jones &Jones Staff 32 JONES;;JONES ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS 5 -' r •' t{ r a _ 1 1' if N l a�-yNY TAP'�@�,`.�' ••� ILI WX a TITT. ' .J�r#_ !l s a. 4yG 0' r e IN.I ,a ��, ,, 46 E , I ; `• ,' p�.�'.` f �f illt1/n iT �iI��$��•a _ 1— f'f�.. t V f Understanding & Approach Set on a ridge between Anderson Creek and a new housing development, McCormick Village Park offers the community of Port Orchard a unique combination of accessible nature and proximity to people. As the visitor moves along the dirt road bisecting the park, they experience light streaming through the Douglas fir canopy. This play of light in the forest could be the inspiration for a future park design of clearings, paths and fields within the forest setting, welcoming people to experience the natural landscape of the peninsula. The future park will offer the citizens of Port Orchard both passive and active recreational opportunities, as well as a place to gather and learn about the natural ecosystem of forest, wetland and stream. Those citizens then will give voice to the park opportunities, shaping and defining the park plan. The citizens and their representatives will lead the planning process, so that all voices are heard. By involving interested citizens, the City builds a constituency of park stewards. More than visitors, these park stewards could provide volunteer work parties to remove Scotch broom, raise funds, and even act as "park hosts" during outdoor events and gatherings. It is that dual nature of park planning, of working with the landscape and people, that drives design at Jones & Jones. Every place is unique with its own set of challenges and opportunities. We let each unique landscape and each unique person speak before facilitating the design of a park. Our approach to the McCormick Village Park would be predicated on the following three foundations: Listening- We listen to the people who will be managing, visiting and maintaining the park. Their voices express the needs of the community that then drive the design. We listen to the landscape. We delve into the ecosystem of soils, plants and water for design inspiration. Opening the forest -To create a park, the forest will be gently opened up to create play spaces and gathering areas. It will be opened to light and opened to people, providing an accessible place to gather and interpret the forest's natural history. Designing simply -The ultimate park design should not compete or detract from the beauty of the setting. By using simple, elegant forms, local materials and minimally intrusive earth movement, the park plan can lower installation costs and create an enduring park. Throughout the park plan process we will develop design matrices to assist the community in prioritization of recreational opportunities. We are currently using these decision matrices to guide recreational programming for small towns in the Pacific Northwest. A clear and comprehensive matrix, combined with illustrative drawings, provides community members with a foundation for design and decision making. Trail network Native Growth Protection Easement ■■ ■■ Tasks and Schedule The approach of the Jones & Jones design team highlights our commitments to: Develop a close partnership with the planning staff with the Parks Subcommittee staffs to assure that we capture the best Ideas, resource information, mutual support and follow-up on implementation; • Listen to the community, involve community members in the actual work of preparing the plan and projects, and draw the best out of the community to create a positive vision for prosperity and for guiding change; • Bring the best technical assistance to the community, to local planning staff and to all citizens to achieve the community's vision; and • Meet all planning and design requirements on time, on budget and with excellent quality TASK PERIOD STAFF Site Analysis and Program May to June Set goals MCC, CAP* Compile base information MSA Analyze site based on environmental, scenic CAP, MSA and human movement factors, paying particular attention to health of the forest, future development plans and accessible points. Site analysis will include transects through forest to assess health, diversity and features to preserve Assess community recreation needs CAP Develop park program based on community input CAP, KIDS Assist with May 12th park sub -committee meeting (Goals) CAP Assist with June 9th park sub -committee meeting CAP (Programming) Deliverable: Letter report summarizing goals and program Opportunities and Constraints June to July Develop opportunities and constraints based on CAP, KIDS, park sub -committee input, programming and MSA environmental assessment Assist with July 14th park sub -committee meeting MCC, CAP (Recommend opening this meeting up to the broader public for park process update and feedback) Deliverable: Opportunities and Constraints map and narrative Draft Park Master Plan Alternatives Study July to August Develop three draft park alternatives using analysis, MCC, CAP, opportunities and constraints, and community KDS, MSA input. At a minimum, each alternative will protect ecologically sensitive areas, provide community recreation opportunities, connect with existing trail connections and meet federal and state requirements (i.e. ADA). Present alternatives to Aug I Ith park sub -committee for revisions CAP Deliverable: Three draft park alternative plans Final Park Master Plan Alternatives Report Aug to Sept 24th Revise three draft alternatives and recommend CAP, MSA best alternative Write narrative of alternative process and CAP, MSA description; compile previous reports into a final report Present alternatives to public, Planning Commission MCC, CAP and City Council in October Deliverable: Park Master Plan Alternatives Report Design and Capital Facilities Preparation October to December Estimate costs for preferred alternative CAP Provide permit timeline, SEPA checklist and MSA phasing of preferred alternative implementation Develop preliminary design guidelines for the CAP, KDS preferred alternative, including a unified design vocabulary with sketches or pictures of site furniture, lighting, paths, ballfields and park structures Develop an interpretive sign and way -finding plan CAP, MSA overview to guide future design and provide story ideas for park forest interpretation Compile analysis, alternatives, plans, design and capital MSA facilities information in one final park master plan report Present preferred alternative information to City CAP Council and the public Deliverable: Final report and electronic files of plans, drawings * MCC- Mario Campos, Principal -in -Charge; CAP - Cory Parker, Project Manager/ Landscape Architect KDS - Karen Smith, Architect, MSA - Marina Alvarez, Landscape Planner Road bisecting park site Adjacent wetland k r Snoqualmie Point Community Park offers an outstanding vista of,' the Cascade Mountains and the working farms, forests, and towns of the Snoqualmie River Valley. Relevant Experience Necanicum Estuary Natural History Park Ravensdale Park Master Plan Washington Parks Sound Vision Sitka Waterfront Implementation Plan Snoqualmie Point Community Park Master Site Plan and Design North SeaTac Park Jefferson Memorial Forest Vancouver Land Bridge Mercer Slough Nature Park and Environmental Education Center Rattlesnake Lake Recreation Area and Cedar River Watershed Education Center Cedar Lake Park and Trail a REFERENCE Neal Wallace, Public Works Director City of Seaside Public Works 989 Broadway Seaside, OR 97138-7826 p 503 738 5112 NECANICUM ESTUARY NATURAL HISTORY PARK SEASIDE, OREGON CITY OF SEASIDE PUBLIC WORKS Jones & Jones developed a plan for a new type of park: a park that weaves the natural history of a place into the small town fabric of the Oregon Coast. The Necanicum Estuary Natural History Park will be a gateway to the coast and the many stories of people living in an estuary. The park will be a welcoming hub at the center of a vast network of open space, trails, and habitat that stretches to the Columbia River and the headwaters of the Necanicum River. We combined interpretive opportunities, potential restoration and preservation of estuary and forested wetland environments, and community gathering places into a network of small open spaces, structures and interpretive elements. Together these elements will form a park rooted in the natural and cultural environment of the coast. Ultimately, the City of Seaside will be seen as a city within a park that includes a necklace of restored rivers, coast, and forest. FACTS A park at three scales: the watershed, the estuary, and individual sites Three target audiences: the Oregon Coast tourist, the Portland vacationer, and the Seaside resident BENEFITS Appropriate public access to the estuary and environs Restoration of estuarine habitat Community engagement with the living ecosystem Sit REFERENCE TJ Davis, Community Partnership Grants (CPG) Coordinator King County Dept of Natural Resources & Parks 201 S Jackson St Ste 701 Seattle, WA 98104-3855 p 206 296 8476 RAVENSDALE PARK MASTER PLAN RAVENSDALE, WASHINGTON RAVENSDALE PARK FUND AND KING COUNTY PARKS A rural town's history of mining and baseball inspired the renovation of this park located at the center of Ravensdale. Working with diverse and conflicting interests —including local residents, conservationists, and advocates for sports facilities —Jones &Jones's master plan incorporates neighborhood gathering space, little league practice fields, and areas for those looking for a quiet retreat. Several sports fields will be surrounded by open areas, trees, and trails. Design elements such as rust - colored metal and wood in various structures balance the park's energy with a feeling of rural tenacity. The result is a sensitively designed park that supports a growing region's need for active spaces as well as preservation and enjoyment of nature. FACTS 43-acre park bordered by natural areas Bicycle trail networks linked with park border paths Gracie Hansen Community Center once housed entertainment for the 1962 World's Fair BENEFITS Year-round public gathering space Athletic fields for youth Regional trail connections ■■ ■■ WASHINGTON PARKS SOUND VISION DES MOINES, BELFAIR, & COUPEVILLE, WASHINGTON WASHINGTON STATE PARKS & RECREATION COMMISSION The Governor and Legislature asked Washington State Parks to create model projects that would demonstrate to Washington residents how to care for Puget Sound. The Jones &Jones team worked with State Parks to develop a Green Vision Plan for Saltwater,Twanoh, and Fort Casey State Parks.The plan was prepared through a coordinated planning effort in response to the Governor's Puget Sound Initiative and demonstrates the latest concepts in best management practices, low impact development, and sustainable design. When the vision plan is executed for these three state parks, each park will model green design strategies that ultimately protect and enhance the overall health of Puget Sound. 12 ■■ ■■ SITKA WATERFRONT IMPLEMENTATION PLAN SITKA, ALASKA CITY AND BOROUGH OF SITKA Jones & Jones is developing a plan that helps revitalize the Shoreline District of Sitka, from an industrial to mixed -use area. The project consists of design and construction documents for visitor facilities, a shoreline sea walk, interpretive exhibits, wayfinding and orientation signage, landscape and streetscape amenities, and pedestrian improvements. FACTS 1-mile pedestrian sea walk connecting downtown neighborhod districts A framework for coordinated phased implementation BENEFITS Once completed, the Waterfront Plan Gateway to city and interior will provide Sitka residents and visitors an integrated series of improvements, a continuous multi -modal corridor, a walkable downtown, and connections to neighborhoods. REFERENCE Scott Brylinsky Public Works Operations Manager 100 Lincoln Street Sitka, AK 99835 p 907.747.1829 191 REFERENCE Cynthia Welti, Executive Director Mountains to Sound GreenwayTrust 911 Western Ave Ste 523 Seattle, WA 98104-1047 p 206 382 5565 Best Special Project, 2008 Federal HighwayAdminetrotion and Washington State Depertment of Transportation 14 ■■ ■■ SNOQUALMIE POINT COMMUNITY PARK MASTER SITE PLAN AND DESIGN SNOQUALMIE, WASHINGTON WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Snoqualmie Point Community Park offers an outstanding vista of the Cascade Mountains and the working farms, forests, and towns of the Snoqualmie River Valley. Jones & Jones developed the site plan and design for this scenic viewpoint park. The challenges included integrating an array of visitor amenities on a narrow site, devising forest management strategies to sustain the view, and designing facilities fitting the regional character. Various gathering places are integral to the design, including spaces for activities such as picnicking, walking, and stargazing. Key improvements include a sculptural log shelter, crafted stone parapet, and sweeping circular pathways. Snoqualmie Point is a legacy park equal to its inspiring view. FACTS 8.5 acres Shelter Amphitheater BENEFITS Scenic conservation A Snoqualmie Valley showcase Community recreation Connection to regional trails NORTH SEATAC PARK KING COUNTY, WASHINGTON KING COUNTY DIVISION OF CAPITOL PLANNING & DEVELOPMENT, THE PORT OF SEATTLE, AND THE CITY OF SEATAC The Port of Seattle began purchasing property north of SeaTac International Airport as part of a noise remediation program in the 1970s. The people of the Greater Highline and SeaTac areas, seeing the land under-utilized, began to envision a park and trail network where their children could play and relax. This vision has grown and changed with time, but the goal of rehabilitating a neighborhood landscape to provide recreational opportunities in a parklike setting to as many area residents as possible has remained constant. Jones & Jones combined active and passive recreation with interpretation and education to utilize the park's natural environment and make the vision a reality. The park's natural features North SeaTac Park and topography regulate and cleanse surface water. Landscaped buffers around the perimeter of the site accommodate trails and separate active park uses and night lighting from surrounding neighborhoods. Construction of the first phase of development includes several pedestrian plazas and trails, two illuminated soccer fields, parking, pocket neighborhood parks, and a baseball quad complex. North SeaTac Park provides much - needed open space and recreation facilities for the surrounding neighborhoods. IS JEFFERSON MEMORIAL FOREST LOUISVILLE, KENTUCKY LOUISVILLE-JEFFERSON COUNTY METRO GOVERNMENT Cmpgawd—_ e 1 i , "I.entlivClr lnaP Tsn9 µ Gw.7>ry e. r jt �3 { r ...y .i r—Surinlna6le GrY:(r5 In+s�neM Arw f C Ar4N Ct4o W. Camkliwnd 4?E'ce if 'I : - ``� ISeA.G ed lwmretNe Tin �Ph s,y r / it Once ar Cmswks,sRcr. � ` f�P—� � &; AA. Lowe,... '4 rat /f TrlRafe ^} '�, Penned Farm RevnedSrvnnnaGm.s, �IHf €I•i, '� Jj \ Rarorcd Gene B,ce€ & Wdk 7, This nature preserve on the southern fringe of greater metropolitan Louisville encompasses one of the largest urban forests in the United States. Jones & Jones prepared a master plan to guide the forest's improvements and stewardship. Established in the 1940's to commemorate Kentucky's war veterans, the preserve's land area has expanded, along with its recreational activities and environmental education programs. The master plan addresses the pressing need for new facilities, enhanced programs, better access and circulation and improved resource management. Through an intensive public and stakeholder involvement process, the plan ensures the continued recreational and environmental value of this unique regional asset. Merit Award, 2oog American Society ofLandscopeArchitects Kentucky Chapter FACTS 6,700 acres Diverse biotic community Sundry recreational activities and educational programs BENEFITS Premier regional venue for environmental education programs Only place in Metro Louisville offering camping, equestrian trails and abundant wildlife In REFERENCE Jane Jacobsen, Director Confluence Project 1701 Broadway St Ste 144 Vancouver, WA 98663-3436 p 360 693 0123 Top Honor Award, 2009 The Waterfront Center Top Projects Award, $5—$15 Million Category, 2008 Oregon Doilylournal ofCommerce ■■ ■■ VANCOUVER LAND BRIDGE VANCOUVER, WASHINGTON THE CONFLUENCE PROJECT, NATIONAL PARK SERVICE, CITY OF VANCOUVER AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION The Vancouver Land Bridge reconnects historic Fort Vancouver to the city's Columbia River waterfront, restores the natural landscape continuum from upland prairie to river edge, and provides the missing link in a regional Discovery Trail system. This pedestrian bridge, which sweeps across State Route 14 in a simple, elegant arch, also commemorates the confluence of rivers and indigenous people encountered by the Lewis and Clark expedition. Jones &Jones's design draws on the cultural significance of the circle, a Native American symbol often used to represent the life cycle. A multi -use trail reconnects the fort to the river, meandering across the bridge through an interpretive landscape of prairie, grassland and forest native plants, a rain water collection system and artworks created by the design team and native artists. 40-foot-wide, earthen -covered pedestrian bridge 3,800 foot long multi -use trail Federal, state and private funding Sustainability guidelines Rainwater collection system irrigates native plants BENEFITS Restored landscape continuum Gateway to the City of Vancouver Connects the city to Its waterfront Links regional Discovery Trail system Historic landscape interpretation 17 MERCER SLOUGH NATURE PARK AND ENVIRONMENTAL EDUCATION CENTER BELLEVUE, WASHINGTON CITY OF BELLEVUE, DEPARTMENT OF PARKS & RECREATION / PACIFIC SCIENCE CENTER PARK FACTS Mercer Slough Nature Park is a 320-acre wetland nature park Home to more than 100 bird species and several in the heart of the urban Seattle/Bellevue area. Our work here dozen mammal species began 20 years ago with the original master plan and culminated Seven miles oftrails, Including a canoe trail with the recent completion of the award -winning Mercer Slough Minutes from city center EDUCATION CENTER FACTS Low impact development, natural ventilation system, certified wood and on -site stormwater management Integrated landscape and buildings Preservation of the majority of mature trees on site LEED- Gold certified 10,000 square feet $10.8 million construction cost BENEFITS Wetland preservation Habitat protection Minimal site impact Hands-on wetland education Environmental Education Center. The master plan outlined opportunities for educational, interpretive and passive recreational uses, and led to a successful open space bond Issue. We subsequently designed the park's interpretive trails, viewpoints and facilities, including structures for the Slough's historic bl ueberry fa rm. The Environmental Education Center, completed in 2008, is the gateway to Mercer Slough. Sited with minimal disturbance to the landscape, the Center has two classroom buildings, a multipurpose building, a visitors center and two wetlabs. The buildings are elevated as much as 30 feet above a sloping site into the tree canopy. The Center is a premier facility for the teaching and study of wetland ecosystems in an urban setting, Mercer Slough provides critical natural infrastructure as well as a major recreational and educational facility for the region. REFERENCE Patrick Foran, Director City of Bellevue - Parks & Community Services Planning & Development Division PO Box 90012 Bellevue, WA 98009-9012 p 425 452 6881 18 Honor Award, 2009 (Education Centeo American Institiute ofArchitects, Seattle Chapter Green Globe Award, 2009 Leader in Sustainable Building (Edumioncenteq King County Bronze Merit for"Future Value to the Profession, 2009(Edumboncenteo American Consulting Engineers Council John H. Stanford Education Achievement Award, 2007 (Ed,,.wn Cente,) Cascade Land Conservancy What Makes it Green? 2007 Unbuilt Category (Education center) American Institute ofArchitects, Seattle Chapter Honor Award, 1995 (MonerPlonl 'Excellence on the Waterfront' The Waterfront Center Merit Award for Physical Plans, 1990 (Educotioncente4 Washington Chapter, American PlonningAssociation and Planning Association of Washington 19 Merit Award —Design, 2004 ASLA—National Honor Award —Design, 2003 ASLA—Washington Chapter What Makes it Green —Built Category, 2002 AIA Seattle Honorable Mention —Outstanding Public Project, 2001 Northwest Construction ■■ ■■ CEDAR RIVER WATERSHED EDUCATION CENTER AND RATTLESNAKE LAKE RECREATION AREA CEDAR FALLS, WASHINGTON SEATTLE PUBLIC UTILITIES, WATERSHED MANAGEMENT DIVISION Located at the edge of the pristine, 90,000-acre Cedar River Watershed preserve, this unique complex is dedicated to educating greater Seattle residents about the principal source of their drinking water —the Cedar River. Jones &Jones's master -planned the lake environs, sited the center on previously disturbed land, and designed the center and recreation area to interpret the natural and cultural history of the forested watershed preserve. The center's educational programs focus on local wildlife and plant communities, forest and timber resources, fisheries, and related scientific research. A network of pedestrian trails connects the Center to the lakeshore recreation area and the water department's administrative headquarters. The center complex provides a living demonstration of the beauty and value of a healthy watershed. Today the Cedar River Watershed is one of the few completely protected ecosystems in the Pacific Northwest. FACTS 30,000 visitors per year Popular spot for swimming and fishing Water quality wetland Learning labs for 100 students Multipurpose space for 180 Conference rooms and resource library Living roofs 21 rain drums pulsing to natures rhythms Water conservation and stormwater detention Water quality wetland ■■ ■■ CEDAR LAKE PARK AND TRAIL Significant Achievement in Design and Aesthetic Excellence Award, 1995 Committee on Urban Environment (CUE) "Environmental Excellence"for ISTEA Projects, 1995 Federal Highway Administration Environmental Awareness Award, 1995 Minnesota Chapter, American Society of Landscape Architects (ASLA) MINNEAPOLIS, MINNESOTA MINNEAPOLIS PARK AND RECREATION BOARD This non -motorized commuter parkway and prairie restoration along a converted rail line links residential neighborhoods with the heart of downtown Minneapolis and the Mississippi waterfront. Jones & Jones teamed with Richard Haag Associates and Darrel Morrison to create a 4.2-mile parkway connecting Cedar Lake Park (a nature conservancy) with the Mississippi River. The first phase of development provides a vital link through the heart of downtown Minneapolis. Spurred by an active citizens committee, the project is a key element in fulfilling a turn -of -the -century vision of a 52- mile system of parks and parkways connecting the Chain of Lakes to the Mississippi River. FACTS Commuter and recreational bicycle and pedestrian trails Courses through natural areas, historic neighborhoods and downtown BENEFITS Restored wetlands, prairies and forests Non -motorized transportation corridor Public recreation and enjoyment of nature Catalyst for downtown economic development 22 Jones & J04OWas partnered with the City of Bellevue for over 20 years 6r;fhe planninng and design of the Mercer `Slough Nature Park and Environmental Education Center Ak MARIO CAMPOS, AIA, ASLA Principal -in -Charge A Principal Architect and Urban Designer with Jones &Jones, Mario has directed the design of large multi- disciplinary architectural, urban, natural resources, community development, and environmental conservation projects for public and private agencies and for government organizations and NGOs. His approach to planning and design emerges from strong regional, cultural, and traditional sources, closely rooted to the land, the environment, and the economy incorporating the principles of participatory design. This approach creates cooperative situations that lead to successful resolution of complex issues through a comprehensive and consensus - reaching process. Mario's skills include sound management and the ability to communicate with diverse groups and organizations, bringing heightened sensitivity to diverse ethnic groups, cultural organizations, and environmental issues. His professional practice includes planning and design of cultural centers and educational facilities, museums, public places, and parks. Mario served on the Pioneer Square Preservation Board for six years and participated in updating the visioning for the Pioneer Square Master Plan. In addition, Mario is active in the Mayor's Institute on City Design and has presented papers at institute conferences held in Phoenix, Arizona, Monterey, California and Austin, Texas. RELEVANT EXPERIENCE Ravensdale Park Master Plan, Ravensdale, Washington Cedar Lake ParkTrail Master Plan and Trail Development, Minneapolis, Minnesota Balboa Park Land Use, Circulation, and Parking Study, San Diego, California Cesar Chavez Park, Seattle, Washington Centennial Campus Master Plan, Olympia, Washington Gorge Park Master Plan, Spokane, Washington Mountains To Sound Greenway Kiosks Siting Plan, Seattle, Washington Mt. Baker Ridge Viewpoint Park, Seattle, Washington Oxbow Park Development, Seattle, Washington Snoqualmie Point Community Park, Snoqualmie, Washington Spokane River Centennial Trail, Spokane, Washington Wrangell Downtown Revitalization Conceptual Design, Wrangell, Alaska Sitka Waterfront Master Plan, Sitka, Alaska Pioneer Square Neighborhood Plan, Seattle, Washington South Park Neighborhood Vision Plan, Seattle, Washington Skokomish Highway 101 Corridor Master Plan, Skokomish, Washington J0NES;01J0NES ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS 24 CORY PARKER, ASLA, LEED AP Project Cory has 17 years of experience as a landscape architect, managing environmental planning, parks and open space, as well as stream and river restoration projects. Since joining Jones &Jones In 2001, he has focused on landscape restoration for the rural community of Ravensdale, a dairy farm on the Nisqually, and a state park on the Puget Sound. He listens to clients and voices from other disciplines to resolve conflict and understand a place. Before joining Jones & Jones, Cory worked with L.C. Lee & Associates, collaborating with wetland ecologists, botanists, and soil scientists to re-create complex, riparian ecosystems. He has also worked forthe Natural Resources Conservation Service, designing master plans of parks, urban stream corridors and streets for local governments and tribes. Cory received his Master of Landscape Architecture degree from the University of Washington (with a thesis on people's perception of urban riparian landscapes) and his Bachelor's degree in landscape architecture from the University of California at Davis. RELEVANT EXPERIENCE Necanicum Estuary Natural History ParkVision Plan, Seaside, Oregon The Confluence Project-Sacajawea State Park Final Design, Pasco, Washington Ravensdale Park Master Plan, Ravensdale, Washington Lake Roosevelt National Recreation Area Shoreline Management Plan, Coulee Dam, Washington Washington State Parks Sound -Friendly Vision Plan, State of Washington Wilcox Farms Salmon Trail Master Plan, Roy, Washington Fau ntleroy Creek Restoration, Seattle, Washington Full Circle Farm Restoration and Interpretive Plan, Carnation, Washington Paynes Prairie Sheetflow Restoration Public Use Conceptual Master Plan, Gainesville, Florida Semiahmoo Spit Master Plan, Seattle, Washington Seattle Chinese Garden, Seattle, Washington UW-B/CCC Ecosystem Restoration with L.C. Lee & Associates, Bothell, Washington JONES;;JON ES ARCNI7ECTS LANDSCAPE ARCHITECTS PLANNERS 25 KAREN DAVIS SMITH, ASSOCIATE AIA, LEED" AP Architectural Designer Karen Davis Smith strives to create meaningful places of beauty through the union of landscape and architecture. She has a breadth of experience as a designer and project manager, and has led teams on a diversity of project types. She has been engaged in all aspects of the architectural, planning, and construction process. Her passion for sustainable and innovative design is evidenced by her involvement with the AIA Committee on the Environment, training with the Biomimicry Guild, and as a past organizer and cofounder of the Seattle -based Sustainability Salon roundtable group. She has technical expertise in the LEED process, is a LEED Accredited Professional, and has been invited to lecture on Sustainability issues. Karen joined Jones &Jones in 2008 as the Animal Care and Sustainability Lead on the Al Ain Wildlife Park project in the United Arab Emirates and has over 13 years of experience. She enjoys designing healthy spaces that benefit people, wildlife and the environment. RELEVANT EXPERIENCE Marra-Desimone Park Long Term Development Plan, City of Seattle, Seattle, Washington: with Boxwood Red Mountain Viticulture Area Master Plan, Red Mountain, Washington: with Boxwood Point Defiance Zoo Animal Health Care Facility,Tacoma, Washington: with Boxwood Lewis Creek ParkVisltor Center, Sustainability Advisor, Bellevue Parks, Bellevue, Washington City of Seattle Joint Training Center, City of Seattle, Washington Al Ain Wildlife Park Master Plan, AI Ain Zoo and Aquarium Public Corporation, Abu Dhabi, United Arab Emirates Red Wolf Exhibit BiomimicryConcepts, Point Defiance Zoo & Aquarium Tacoma, Washington PAWS Campus Planning, Progressive Animal Welfare Society, Lynnwood, Washington Mt. Baker/McClellan Light Rail Station, Seattle, Washington JONES;:JONES ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS 9 MARINA ALVAREZ Landscape Architectural Designer Marina Alvarez is inspired to create places that improve both the cultural and ecological health of the landscape. Educated at the University of California, Davis with a Bachelor's Degree in Evolution & Ecology and at the University of Michigan with a Master's Degree in Landscape Architecture, she brings a diverse set of graphic and analytical design skills to Jones &Jones. In addition to formal academic training as a landscape architect, she Is interested in understanding how a design may influence human interaction and behavior, and applying this experience to the design process. Marina's project experience at Jones & Jones includes master planning for large zoos and parks, as well as site and trail planning for small parks and farms. She recently took part in the completion of the Ravensdale Park Master Plan and the Midway Conceptual Site Plan Report for the Papahanaumokuakea Marine National Monument Management Plan. She is currently a project team member for the Dublin Zoo African Savannah and Dublin Zoo Children's Farm projects in Dublin, Ireland. RELEVANT EXPERIENCE Sitka Waterfront Implementation Plan, Sitka, Alaska Wanapum Heritage Center, Desert Aire, Washington Jefferson Memorial Forest Park Master Plan, Louisville, Kentucky Lake Forest Park Green Infrastructure Plan, Washington Ravensdale Park Master Plan, Seattle, Washington Full Circle Farm Restoration and Interpretive Plan, Carnation, Washington Midway Atoll Conceptual Plan, Northwest Hawaiian Islands National Marine Monument Wilcox Farms Salmon Trail Master Plan, Roy, Washington Nisqually River Watershed ILARIS Plan, Nisqually River Basin, Washington Puget Sound Partnership Action Plan —Land Use and Habitat, Puget Sound Partnership, Puget Sound, Washington Lake Roosevelt Shoreline Management Plan, Coulee Dam, Washington JONESC:JONES ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS 27 $Wty,Sf:,. - - . r 4`, jt �i• g. " � ids`'}+ ' .��°j ' '�-F:- i � - �'�;� "f � 1 M1 Y. _a " e Vancouver Land Bri ge, es, rfstoYes• historic connection between the Fort Vancouver area dnd"t Columbia River through trails, art and native plantings. .£- Y M •J1� City's Standard Professional Services Agreement We have reviewed the City's Standard Professional Services Agreement and, if selected, we will execute the agreement. Recent Awards 2010 Mercer Slough Environmental 2005 The Greenprint for King County Education Center King County, Washington HonorAward for General Design HonorAward American Society of Landscape American Planning Association/ Architects, Washington Chapter Planning Association of (WASLA) Washington 2010 Cesar Chavez Park 2004 Cedar River Watershed Education Special Mention for General Design Center American Society of Landscape Cedar Falls, Washington Architects, Washington Chapter MeritAward (WASLA) American Society of Landscape Architects 2009 Mercer Slough Environmental Education Center 2003 Cedar River Watershed Education Bellevue, Washington Center HonorAward Cedar Falls, Washington AIA Seattle HonorAward—Design American Society of Landscape 2008 Snoqualmie Point Viewpoint Park Architects, Washington Chapter Snoqualmie, Washington Best Special Project 2003 Oxbow Park Federal Highway Administration Seattle, Washington and Washington State Department HonorAward—Works in Progress of Transportation American Society of Landscape Architects, Washington Chapter 2008 Vancouver Land Bridge Vancouver, Washington 2003 Ebey's Landing National Historic Transportation Award—$S Million Reserve to $15 million Category Whidbey Island, Washington Daily Journal of Commerce, MeritAward—Historic Preservation Oregon American Planning Association/ Planning Association of 2007 Mercer Slough Environmental Washington Education Center Bellevue, Washington 2003 Jones &Jones John H. Stanford Education Seattle, Washington Achievement Award Firm of the Year Cascade Land Conservancy American Society of Landscape Architects 2007 Mercer Slough Environmental Education Center 2003 Jones &Jones Bellevue, Washington Seattle, Washington What Makes it Green? Board of Directors'Speciol 2007—UnbuiltCategory AchievementAward AIA Seattle Sustainable Seattle 2007 Hanford Reach Interpretive Center 2002 Commons Park Richland, Washington Denver, Colorado What Makes it Green? Annual Achievement Award 2007—UnbuiltCategory Downtown Denver Partnership AIA Seattle J 0NES;;J0NES ARCHITECTS LANDSCAPE ARCHITECTS PLANNERS 105 SOUTH MAIN STREET, SUITE 300 SEATTLE, WA 98104 PHONE: 206 624 5702 www.jonesandjones.com City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Approval of Contract No. Eo45-1o, Authorizing the Mayor to Execute Water Reservoir Easement with the _City of Bremerton for the 580 Zone - McCormick Meeting Date: May 11, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: 128-o6 Atty Review Date: May 5, 2010 Summary: On December 26, 2001, an Inter -local Agreement for Cooperative Water System Development in the Port Orchard 580 Zone/Bremerton Zone 58o was executed. The intent of the Agreement was to establish a cooperative "joint -use" policy to address potable water infrastructure demands placed on the respective system(s) from local development, until such time that independent systems could be established. As part of that Agreement, the City of Bremerton was granted use of a portion of the City of Port Orchard's "McCormick" Reservoir Site for the future construction of water storage reservoir(s). Although the City of Bremerton is not ready to build the future 580 Zone reservoir(s) at this time, establishing limits agreeable to both parties via recorded easement is needed for planning and design purposes. Upon mutual agreement between both the Public Works Departments of the proposed arrangement for future facilities and upon review by Legal Council from both the City of Bremerton and the City of Port Orchard, a Water Reservoir Easement for the future 58o Zone Reservoir(s) has been prepared, being City of Port Orchard Easement No. E45-10. The City of Bremerton City Council accepted the Easement at their March 17, 2010, Meeting via Consent Agenda. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Water Reservoir Easement No. E45-10 with the City of Bremerton. Motion for Consideration: I move to approve Easement No. E045-10, authorizing the Mayor to execute Water Reservoir Easement with the City of Bremerton for the 58o Zone -McCormick. Fiscal Impact: None. Alternatives: NA Attachments: Easement No. E045-10 ILA dated 12/26/2001 Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 ALIDITORIRECORDER'S INDEXING FORM Document Title(s); I. Water Reservoir Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): I. City of Port Orchard �J Additional names on page of document. Grantee(s): 1. The City of Bremerton 1.7 Additional names on page of document. Legal Description: portion of the NE '/4, NE'/. of Sec. 7 and NW '/4 , NW ''A of Sec 8, all of T. 23N., R.I E., (abbreviated) W.M., situate in Kitsap County, WA. Additional legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number: 072301.1.006.2003 and 082301-2-001-2005 I Project Name: Future W-580 Zone Reservoirs WATER RESERVOIR EASEMENT (Corporate) THIS INSTRUMENT made this day of 200, by and between CITY OF PORT ORCHARD (hereinafter "Grantor") and the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, a utility easement for water reservoirs, sewer, water, stormwater and/or other municipal utilities, with necessary appurtenances, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: WATER RESERVOIR EASEMENT (Corporate)- Page 1 of SEE EXHIBIT "A" ATTACHED Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above -referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the utility/utilities, or making connections to that system; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to access the surface of this easement, including the immediately adjacent incidental areas, so long as that access is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. GRANTOR: By: Its:_ DATE: (Vora)) Acknowledgment Appears on Ken Page) WATER RESERVOIR EASEMENT (Corporate) - Page 2 of STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) Oil this day of 200_, before men Notary Public in and for the State of Washington, personally appeared to me known to be the of the City of Port Orchard, a municipality that executed the foregoing instrument, and acknowledged it to be the fire and voluntary act and creed of the municipality, for the Uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Nolap S'eal'i hest Appear II'lthin Mis Hm'- IN WITNESS WI IEREOF, I have hereunto set my hand and official sell the day and year fast above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVEDD ASS TO FORM: ROE R A. LUBOVICH City Attorney �J R:\I.E(IAL.\Polls\Easements\Utility Easement Porn (Corpo,w).Aoc WATER RESERVOIR EASEMENT (Corporate) - Page 3 of EXHIBIT "A" That portion of the northeast quarter of the northeast quarter of Section 7 and the northwest quarter of the northwest quarter of Section 8, A of Township 23 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington more particularly described as: Beginning at the northeast corner of said Section 7, also being the northwest corner of said Section 8; thence southerly along the section line S 1 55'45"W 476.35 feet to the True Point of Beginning; thence leaving said section line S 45 10' 12" W 18.79 feet; thence parallel with the north line of the south half of the north half of the said northeast quarter of the northeast quarter, N 87 37'09" W 137.13 feet; thence N 1 55'45" E 160.01 feet to the said north line of the south half of the north half; thence N 87 37'09" W 250.01 feet along said north line; thence leaving said north line, S 1 55'45" W 190.01 feet; thence S 87 37'09" E 400.01 feet to the said section line; thence N 45 10' 12" E 138.32 feet; tlience S 47 08'23" E 140.10 feet to the northerly right of way margin of Old Clifton Road; thence along said northerly right of way, N 42 51'37" E 35.00 feet; thence leaving said northerly right of way, N 47 08'23" W 168.71 feet; thence S 45 10' 12" W 140.24 feet to the True Point of Beginning. WATER RESERVOIR EASEMENT (Corporate) • Page 4 of z w w cn Q w 0 C O O, '. �q' IL V I E 1hg0ry V � � � y��J W Q '�rzr •�. Z W \ O mm ,Myam W T 1 \_ � \ LO W 21 i� W cs ss! w \ Z 3,40,9S.lON ¢ct o o O z � �o N U- 3 w am n N0 Z W O O 5 = J I /yy�� m i o O A LLJ Z I 9 n L I L u F- M. 19.1OS 0-' 1 0 . O-1 U DATE SUBMITTED: March 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...................................................................................... a. SUBJECT: Acceptance of Easement for Committee Meeting Date: March l0, 2010 W580 Zone Reservoir from the City of Port COUNCIL MEETING Date: March 17, 2010 Orchard. Department: PW&U Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Several years ago, the City of Bremerton and the City of Port Orchard entered into an agreement for joint water use in the Anderson Hill and McCormick Woods area. The intent of the agreement was as development occurs in that area both water systems would become independent, but until that time it was felt that it was prudent to have a joint use agreement. As part of that agreement, the City of Port Orchard was to give the City of Bremerton an casement to construct a 580 pressure zone reservoir. This agenda bill is to accept the conveyance of an easement to build a W580 reservoir. Although the construction of the new W580 reservoir will not happen for a few years, it sets the stage for the reservoir to be built. ATTACHMENTS: 1. Council Summary; and 2. Water Reservoir Easement FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOI CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Easement for W580 Zone Reservoir and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Q Approve ❑ Deny 0 Table ❑ Continue 0 No Action COUNCIL SUMMARY EASEMENT FOR 580 RESERVOIRS Several years ago, the City of Bremerton and the City of Port Orchard entered into an agreement for joint water use in the Anderson Hill and McCormick Woods area. The intent of the agreement was as development occurs in that area both water systems would become independent, but until that time it was felt that it was prudent to have a joint use agreement. As part of that agreement, the City of Port Orchard was to give the City of Bremerton an easement to construct a 580 pressure zone reservoir. This agenda bill is to accept the conveyance of an easement to build a W580 reservoir. Although the construction of the new W580 reservoir will not happen for a few years, it sets the stage for the reservoir to be built. Maim 2010 Council Summary i ADDENDUM NO. 1 TO INTERLOCAL AGREEMENT For Cooperative Water System Development In the Port Orchard 580 Zone / Bremerton 580 Zone This Addendum No. 1 amends the Interlocal Agreement (the "Agreement") entered into between the City of Bremerton, a municipal corporation, hereinafter referred to as "Bremerton," and the City of Port Orchard, hereinafter referred to as "Port Orchard" executed on December 26, 2001, and WHEREAS, the parties mutually desire to modify the responsibilities of each party with respect to the agreed upon provision of water; NOW THEREFORE All provisions in the Agreement shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Agreement are as follows: I. 1. Amend Section 4. entitled "Water Supply" as follows: Delete the section titled "4200 Feigley Property" in its entirety and replace it with the following; Bremerton West 580 Zone Supply Port Orchard agrees to supply water for domestic use and fireflow to the Bremerton West 580 pressure zone via its 16 inch water main in Old Clifton Road, until such time as a separate Bremerton storage reservoir is constructed and operational. Fireflow rates/volumes and service pressures supplied by Port Orchard will be a minimum of 1,700 gpm for three hours at a minimum gradient of 540 feet at the connection. Bremerton agrees to supply water to Port Orchard, via its connection to the 16 inch Port Orchard watermain in Clifton Road (Old Clifton Road connection), to replenish the water supplied by Port Orchard to the Bremerton West 580 pressure zone. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580. The volume of water supplied by Port Orchard to the Bremerton West 580 pressure zone shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to. Distribution piping, as required by the City of Bremerton, will be extended by others from Port Orchard's water main in Old Clifton Road. Connection locations and details require approval from the City of Port Orchard. Master meters will be installed at the point of connection. Domestic meters will be installed and maintained by the City of Bremerton, or as otherwise agreed to, and be billed directly to the customer. Addendum No. 1 to Interlocal Agreement June 18, 2004 2. Transmission Main: Delete all references in the agreement to the City of Bremerton "12-inch transmission main" and replace them with "16-inch transmission main". 3. Plan for Cooperative water System Development Amend the section entitled "Monitoring of Supplied Water" on page 8 of 11 as follows: Delete "4200 Feigley meter — For this connection Port Orchard is the supplying utility and Bremerton is the receiving utility." and replace it with the following: "West 580 Zone supply Meters - For these connections Port Orchard is the supplying utility and Bremerton is the receiving utility." The parties whose names appear represent that they are authorized to enter into a contract amendment that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Addendum 1. to the Agreement on the day fully executed below. CITY OF PORT ORCHARD APPROVED AS TO FORM: ATTEST: z �w CITY OF BREMERTON By Car Bozeman Its Mayor W. APPROVED AS TO FORM: Roger A. Lubovich Bremerton City Attorney Addendum No. 1 to Interlocal Agreement 2 June 18, 2004 INTERLOCAL AGREEMENT RECEIVE® for FEB 12002 Cooperative Water System Development 01TYIDFPO T RKSORCHARD in the PUBLIC Port Orchard 580 Zone / Bremerton 580 Zone THIS AGREEMENT is made and entered into thisAjidday of A4Zz.&A.1 , 2001, by and between the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as Bremerton, and the CITY OF PORT ORCHARD, hereinafter referred to as Port Orchard. FACTUAL BACKGROUND: 1. Port Orchard's 580 zone water system and the Bremerton's 580 zone water system abut at Old Clifton Road. 2. Reliability and Efficiency of Service - Port Orchard and Bremerton desire to provide the highest reliability of service to their customers at reasonable cost. The Cities recognize that water resources are finite and vulnerable and that prudent use and management of these resources can be facilitated by cooperation among water utilities. The Cities agree that cooperation in the construction, operation and management of the water systems that serve the Port Orchard 580 and Bremerton 580 zones will: Improve overall system reliability, Enhance the manageability of the systems, Provide opportunities for conjunctive use of water supplies, Delay the need to develop new water sources, and Result in cost efficiencies for both systems 3. Deferral/Phasing of Bremerton Infrastructure - Currently, Bremerton has no significant system improvements in its 580 zone. To serve the 580 zone, Bremerton must construct new pumping, storage, transmission and distribution facilities. Port Orchard has existing storage and transmission mains in its 580 zone. These facilities have excess capacity on an interim basis. The Port Orchard 580 and Bremerton 580 zones can be made hydraulically consistent so that the excess capacity of the Port Orchard system can be utilized by Bremerton. Cooperation with Port Orchard will allow phasing of Bremerton system improvements, deferring capital expenditures and reducing the overall system cost. 4. Sharing of Existing Port Orchard Reservoir Site - Bremerton requires a site for a future reservoir to serve its 580 zone. Port Orchard owns a site at the regional topographic high point. The site is large enough to accommodate a future Bremerton reservoir. 5. Elimination of Duplicate Pump Stations_ - A portion of the Port Orchard service area is too high to be served by the existing Port Orchard 580 zone reservoir. Port Orchard plans to create a new 660 pressure zone, served by a new pump station, to serve this high area. A portion of the Bremerton 580 zone is also too high to be served by its future Bremerton reservoir and o95560-1843.doc Page 1 of 6 HGG Inc. December 17. 2001 service to this area will also require a new high pressure zone and pump station. It is logical and cost effective to coordinate service to these adjacent high areas so that only a single new high pressure zone and pump station is required. 6. Satisfaction of Port Orchard Water 4o it a Requirements - Port Orchard requires an additional source of supply to satisfy its 2017 system growth projections. Port Orchard has applications pending for additional water rights, but the ultimate disposition of these applications is uncertain. Bremerton has available source of supply to provide to the City of Port Orchard on a long term, uninterruptible basis. 7. RCW 39.34 and 35.92.200 empower Bremerton and Port Orchard to enter into a cooperative agreement for providing outside water service. IT IS AGREED: 1. COOPERATIVE WATER SYSTEM DEVELOPMENT PLAN: Port Orchard and Bremerton agree to cooperate in the design, installation, operation and management of major water system infrastructure and water supply to serve the Port Orchard 580 zone, the Bremerton 580 Zone and the future Port Orchard/Bremerton 660 zone, as outlined in the attached Cooperative Water System Development Plan, (The Cooperative Plan). The Cooperative Plan, which is attached and made a part hereof, has been reviewed and is approved upon adoption of the Interlocal Agreement by the City Councils for Bremerton and Port Orchard. 2. SERVICE AREA: Nothing in this agreement is to be construed as changing or altering the water service area boundaries that exist as of the date of this agreement. 3. RESALE: Water supplied under this agreement shall not be resold to third party utilities without the prior written consent of the supplying utility. 4. WATER SUPPLY: 4200 Feigley Proper - Port Orchard agrees to supply water for domestic use and fireflow to the 4200 Feigley Property from its 580 pressure zone via its 16 inch water main in Old Clifton Road, until such time as a separate Bremerton watermain in Old Clifton Road (or its equivalent) is constructed and operational. Fireflow rates/volumes and domestic/ fireflow service pressures supplied by Port Orchard will be a minimum of 1,700 gpm for one hour at a minimum of gradient of 540 at the connection. Bremerton agrees to supply water to Port Orchard, via its 12 inch Campus Parkway watermain (Old Clifton Road connection), to replenish the water supplied by Port Orchard to the 4200 Feigley property. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580. The volume of water supplied by Port Orchard to the 4200 Feigley property shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to. 660 Zont,. - Upon implementation of the 660 zone, Port Orchard agrees to supply water for domestic use and fireflow to Bremerton's 660 service area, via the 660 pump station. Fireflow, rates/volumes and domestic/fireflow service pressures supplied by Port Orchard will be agreed to and approved by both Port Orchard and Bremerton prior to implementation of the 660 zone. Bremerton agrees to supply water to Port Orchard, via the Campus Parkway connection or reservoir site connection, as applicable, to replenish the water supplied by Port Orchard to Bremerton's portion of the 660 service area. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic 095560-1843.doc Page 2 of 6 HGG Inc. December 17. 2001 gradient of 580. The volume of water supplied by Port Orchard to Bremerton's 660 service area shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to. Fir flow and Emergency Supply - Port Orchard agrees to supply the Bremerton 580 zone with fireflow, via the Old Clifton Road connection or reservoir site connection, as applicable, until such time as a separate Bremerton storage reservoir is constructed and operational. Fireflow will be provided at a maximum rate of 1,700 gpm for a maximum period of 3 hours at a minimum gradient of 540 at the connection. If either Bremerton or Port Orchard has a need for an emergency water supply (other than fireflow), it shall notify the other utility of this and of the volume required prior to activating the connection between the two systems. Notification of this need may be verbal, but it will be followed up within 10 working days by written confirmation. The emergency supply of water between each system shall not be unreasonably be denied by either party. The volume of water supplied for Fireflow, or emergency supply shall be replenished by the receiving utility to the supplying utility within 24 hours after the emergency, or as otherwise agreed to. fk=erton I Ininte[Upliblp.IRS to Port Orchard - Beginning on January 1, 2004 (or at a later time agreed by the parties, Bremerton agrees to supply a uninterruptible water supply to the Port Orchard 580 Zone of up to a maximum of 285 ac.-ft. on a yearly basis, at a maximum rate not to exceed 350 gpm, via the Old Clifton Road connection or reservoir site connection, as applicable. This supply is in addition to water supplied by Bremerton to Port Orchard for service of the 4200 Feigley property, the Bremerton 660 zone, emergency purposes or for service of other portions of the Bremerton service area that may be included in this agreement (and served via the Port Orchard system) in the future. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580. Port Orchard agrees to compensate Bremerton for this long term water supply in accordance with the terms of this agreement. The water supplied by Bremerton to Port Orchard shall be firm and uninterruptible until such future time as Port Orchard may secure new water rights to replace the Bremerton supply. Port Orchard agrees to make diligent, continuous, best efforts to acquire water rights to replace the Bremerton supply. Nothing in this Agreement shall abrogate Port Orchard's obligation to provide its water supply needs through its own sources at the earliest possible date. Bremerton agrees that if new water rights are not secured, the water supplied by Bremerton will continue indefinitely. For purposes of this Agreement Port Orchard is a wholesale customer of the City of Bremerton and will make no claim to any Bremerton water right. 5• WATER QUALITY: Bremerton agrees to deliver water to Port Orchard at the purity and quality in effect for residential customers of Bremerton. Port Orchard agrees to deliver water to Bremerton at the purity and quality in effect for residential customers of Port Orchard, except that water delivered by Port Orchard to Bremerton shall not be fluoridated. In the event of water quality problems in either system, Bremerton and Port Orchard agree to work cooperatively and diligently to determine the source/location of the problem and correct it. Regardless of the source/location of water quality problems, each party agrees to assume the cost of correcting water quality problems in its own system. 6. COMPENSATION: For purposes of this agreement the cost of water shall be fixed at ninety-five percent (95%) of Bremerton's County retail rate. In calculating costs, the Master o95560-1843.doc Page 3 of 6 HGG Inc. December 17, 2001 Connection between the Port Orchard and Bremerton systems shall be assumed to be an 8 inch meter (regardless of actual meter size). For all other connections between the systems, the meter size for billing purposes shall be the actual installed size. All water provided from or to either utility will be charged at this cost, unless otherwise agreed to. Payment for supplied water shall be made monthly by the receiving utility, upon receipt of an invoice from the supplying utility. Any and all fixed costs for a meter connection shall cease at such time that the receiving utility notifies the supplying utility that the connection is no longer necessary for normal domestic supply. After this notification, if the connection remains in place for purposes of emergency supply, it will not be subject to the fixed cost portion of a rate structure, although any water used for emergency purposes will be subject to the agreed upon unit rate for water use. This agreement is based on the City of Bremerton's current rate structure, as of the date of this agreement. This rate structure consists of two parts: a fixed cost (based on meter size) and a variable cost (based on the actual volume of water purchased). It is acknowledged that changes to this rate structure may occur during the life of this agreement. It is agreed by the parties that any further rate structure changes to add progressive rates for increased water usage, will accommodate the fact that the water supplied under this agreement will serve a large number of ERU's and that the estimated total number of ERU's served will be used to calculate the volume of water in each rate tier. 7. WATER CONSERVATION: Port Orchard has begun to prepare and implement a water conservation plan for the Port Orchard 580 zone. The goal of this plan is to reduce domestic water consumption in the Port Orchard 580 zone. Upon execution of this agreement, Port Orchard will move to complete and implement the conservation plan. During drought conditions or other supply shortages suffered by Bremerton for any reason, it is agreed that Port Orchard customers using Bremerton supplied water will comply with similar restrictions and conservation measures required or requested of Bremerton customers according to Bremerton's Water Conservation Plan. 8. NOTICES: All notices and other written communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery, if personally delivered, or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated below, or at such address as any party may designate at any time in writing. Director of Public Works & Utilities City Engineer City of Bremerton City of Port Orchard 3027 Olympus Drive 216 Prospect Street Bremerton, WA 98310-4799 Port Orchard, WA 98366 9. SEVERABILITY: It is the intent of the parties that if any provision of this contract or its application is held by a court of competent jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this contract or its application to other entities, or circumstances shall not be affected. The remaining provisions shall continue in full force and effect. The rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular invalid provision. However, if the invalid provision or its application is found by a court of competent jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non -feasible, it is found to seriously affect the consideration and/or is inseparably connected to the remainder of the contract, the entire contract shall be null and void. 095560-1843.doc Page 4 of 6 HGG Inc. December 17, 2001 10. MODIFICATION: This Agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the parties. 11. BENEFITS: This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. The rights granted by this Agreement may not be assigned without the written consent of the Mayor of the City of Bremerton and the Mayor of the City of Port Orchard. 12. ARBITRATION: Disputes under this Agreement shall be settled through binding arbitration and the parties agree and stipulate pursuant to MAR 8.1 that the Mandatory Arbitration Rules for Superior Court shall apply, except Section Vill, Trial De Novo. 13. Consent: Whenever it is provided in this contract that the prior written consent or approval of either party is required as a condition precedent to any actions, the requested consent or approval shall not be unreasonably withheld. When prior consent is sought, failure of the party to respond in writing within 90 days of the request shall be deemed as the party's consent or approval. This provision does not apply to requests for amendments of this contract. 14. Emergency Situations: Nothing in this contract shall be deemed to preclude either party from taking necessary action to maintain or restore water supply in emergency situations and such action shall not be deemed a violation of this contract. 15. No Joint Venture - Individual Liability: This is not an agreement of joint venture or partnership. No provision of this contract shall be construed so as to make either party individually or collectively a partner or joint venture with the other party. Neither party is an agent of the other. Neither party shall be liable for the acts of the other in any representative capacity whatsoever. 16. Complete Agreement: This contract represents the entire agreement between the parties hereto concerning the subject matter hereof. This contract may not be amended except as provided herein. 17. Venue, Jurisdiction and Specific Performance: In the event of litigation between the parties, venue and jurisdiction shall lie with the Kitsap County Superior Court of the State of Washington. The parties shall be entitled to specific performance of the terms hereof. 18. Default: In the event of default of any provision of the contract, the non -defaulting party shall send written notice to the other party setting forth the nature of the default. If the default is for a monetary payment due hereunder, the defaulting party shall have thirty (30) days to cure the default. In the event of other defaults, the non -defaulting party shall use its best efforts to cure the default within ninety (90) days. If such default cannot be reasonably cured within such ninety (90) day period, the non -defaulting party shall, upon written request prior to the expiration of the ninety (90) day period be granted an additional sixty (60) days to cure the default. 19. Force Majeure: The time periods for either party's performance under any provisions of this contract shall be extended for a reasonable period of time when either party's performance is prevented, in good faith, due to fire, flood, earthquake, lockouts, strikes, 095560-1843.doc Page 5 of 6 HGG Inc. December 17, 2001 embargoes, acts of God, war and civil disobedience. If this provision is invoked, the invoking party agrees to immediately take all reasonable steps to alleviate, cure, minimize or avoid the cause preventing such performance, at its sole expense. 20. Successors: This contract shall inure to the benefit of and be binding upon the parties and their successors and assigns. IN WITNESS WHEREOF the parties hereto execute this Agreement this Qra6b day of /� rf ....,/ A•.,200.? . CITY OF BREMERTON CITY OF PORT ORCHARD BY: fvfay'or ATTEST: V (Vu-. Clerk BY: Mayor ATTEST: y" Clerk APPR ORM: WAPPROVTO City A orney DEPARTM T PPROVAL: Director of Public or cs & Utilities 095560-1843.doc Page 6 of 6 HGG Inc. December 17, 2001