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10/09/02 AGENDA
CITY COUNCIL MEETING AGENDA OCTOBER 9, 2002 FIL 5. 6. 7. 8. 10. 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA A. Minutes of Meeting - September 25, 2002 (#AB02-180) B. Minutes of Meeting - October 2, 2002 (#AB02-181) C. COPS MORE 2002 Technology Grant Award (#AB02-182) CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS A. Appointment of Sharon Cromley as Resident Commissioner to the Bremerton ! ~ Housing Authority Board (#AB02-183) B. Budget Adjustment No. 2002-19 for Gold Mountain Golf Complex (#AB02-184) 20 C. Approval of Permanent Development Manager Position in the Community Development Department; and Budget Adjustment No. 2002-20 (#AB02-185) ~ PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Community Development Block Grant (CDBG) Allocations for 2003 (#AB02-186) B. Resolution No. 2875, regarding Recovery of Fees for Securing the Building on the Property located at 901 Pleasant Avenue (#AB02~187) C. Resolution No. 2876, regarding Recovery of Fees for Removal of Vegetation on the Listed Properties (#AB02-188) D. Ordinance [First Reading] granting one-year Franchise to Cascade Natural Gas Corporation (#AB02-189) E. Ordinance [First Reading] amending Chapter 3.02 of the BMC relating to the City Budget Structure and Policy by providing for an Annual Budget beginning January 1, 2003, and making related minor amendments to said Chapter (#AB02-190) F. Ordinance [First Reading] repealing Ordinance Nos. 4771 and 4772 to bring City '7 back into compliance with requirement of the Growth Management Act (#AB02-191) ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wa.us ,, Web: www.ci.bremedon.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES OF MEETING - SEPTEMBER 25, 2002 FORAGENDA OF: 0£10B£R 9, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: SEPI£MBER 26, 2002 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ENDORSEMENT {-'] MAYOR: INFORMATION APPROVED FOR SUBMITTAL BY COU~5IL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. NOTICE OF ACTION: PULLED [--] TABLED [-] COUNCIL DIRECTIVE: APPROVED 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED ~] AMENDED [~] DATE: 3A 8. AGENDA SILL NO.: i 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES;: 11. RESEARCH SOURCES: TAPE #1851 CITY COUNCIL MEETING MINUTES September 25, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 25, 2002, at 5:30 P.M., with acting Council President Eric Younger presiding. Council members present were Mike Short, Mike Shepherd, Daren Nygren, Cecil McConnell, and Wayne Olsen. Absent were Council President Carol Arends, Vice-President Will Maupin, and Council Member Ed Rollman. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Ceci! McConnefl, followed by the invocation provided by Pastor Rick Bodrie of Calvary Chapel. CONSENT AGENDA A. Minutes of Meeting - September 18, 2002 (#AB02-178) #0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0055 M/S/C/U (McConnell/Olsen) On September 25, 2002 the Council approved payment for Check Numbers 274863 and 274887 through 275014 in the amount of $309,209.09 on the Master Check Register; and Regular Payroll for the period ending September 15, 2002 in the amount of $860,083.08. COUNCIL MEMBER REPORTS Mike Short announced that he and Will Maupin would be hosting the next District 8 & 9 Neighborhood Meeting on Thursday, September 26 to discuss "Crime Prevention & Block Watch Programs" with Detective Wendy Davis of the Bremerton Police Department in the Conference Room of the Oyster Bay Public Works & Utility Building located at 100 Oyster Bay from 6:30 to 8:00 P.M. Mike Shepherd provided a briefing on the topics discussed at the District #5 meeting held last week. He thanked the citizens who attended, and thanked Bob Duprie of Diamond Parking Services and Bremerton Police Lt. Rawlins for their presentations. Daren Nygren summarized the information presented by Kitsap Transit at the District #3 meeting held last night, and commented that he was pleased with the attendance. He also announced that a Retirement Party and Open House would be held for Hoyt Burrows tonight from 7:00 to 9:00 P.M. at the Bremerton Food Line located on 12th Street. Wayne Olsen reported on his attendance at the Evergreen Rotary Park Dedication Ceremony last Friday. He thanked former Mayor Horton for her vision of expanding the Park, and thanked current Mayor Bozeman for considering even further expansion of the Park. Lastly, he thanked the Bremerton Rotary Club and their President for their contribution of $100,000 toward Evergreen Park improvements. Eric Younger mentioned that the Lodging Tax Advisory Committee met last Thursday to determine their recommendations for disbursement of hotel and motel tax funds, and announced that a Study Session to present the Committee's recommendations to the Council would be held in early October. On a sad note, he emphasized the importance of having a working smoke detector after hearing about the 3-year old boy who died in a house fire this past weekend. TAPE #1851 City Council Reg. Mtg. Minutes September 25, 2002 Page 2 of 3 MAYOR'S REPORT Mayor Cary Bozeman provided a briefing on the following topics: · Congratulated former Mayor Horton for her work on expanding Evergreen Park; · Announced the "Groundbreaking Ceremony" for the Hotel & Conference Center would be held next Wednesday, October 2, at 9:00 AM; · Was pleased the work on Bremerton Ice Arena was ahead of schedule; · Indicated there was a 67% "Yes" vote on the Public Safety Bond Issue; · He has asked interim Finance Director Dick Saunders to administer the sale of the Public Safety Bonds, and briefly discussed the City's bond rating; · Invited the public to the next Mayor's Town Meeting on Monday, September 30 at Kitsap Lake Elementary School located at 1111 Carr Boulevard; · Commented on the status of the City's 2003 City Budget; and lastly · Reported that interviews are currently taking place with candidates for the Finance Director position. PUBLIC RECOGNITION Allen Shute reported on a recent meeting with Bob Duprie to discuss concerns with Diamond Parking. John Thomas thanked the Mayor's office for providing a written response to his questions regarding the Public Safety Bond; recommended that as the City installs speed bumps, they allow room for emergency vehicles and busses to pass; and lastly, expressed his concern that there are currently no repercussions for a resident not having a working smoke detector. Don Larson reported on the semi-annual Sinclair Inlet Clean-Up event held last Saturday. Jack Moser questioned the possibility of a City or County Lotto to increase funds for Police services. 8A- MEMORANDUM OF INTENT BETWEEN THE CITY OF BREMERTON AND THE PORT OF BREMERTON (#AB02-179): Gary Sexton, Economic Development Director, emphasized that the Memorandum of Intent sets forth the outline for agreement of the City and the Port regarding the design and construction of a new Harbormaster facility in the conference center parking areas, removal of the existing Port structure, compensation allowance for the removed structure, providing new parking spaces for the Port plus unloading areas and agreement not to pursue covered moorage in front of the Conference Center. Council action required for this item includes approval for the Mayor to sign the Memorandum of Intent on behalf of the City along with a letter confirming that the memorandum does not currently create binding obligation. Allen Shute was concerned that the Marina was not in compliance with ADA regulations; and Jack Mosher raised the question of insurance requirements. Mr. Sexton replied that he would refer these questions to the Port of Bremerton for a response. A brief discussion was held on the issue of covered moorage. #1325 M/S/C/U (Shepherd/Short) Move to recommend that the Mayor sign the Memorandum of Intent between the City of Bremerton and the Port of Bremerton along with a letter confirming the Memorandum is an agreement of both parties intent and not a document articulating legal rights and responsibilities. Voted in favor of the Motion: Nygren, Shepherd, Short, Olsen, and Younger Voted opposed to the Motion: McConnell Motion carried: 5-Yes; and 1-No TAPE #1851 City Council Reg. Mtg. Minutes September 25, 2002 Page 3 of 3 9A - PUBLIC HEARING REGARDING CONVERSION AND REPLACEMENT OF PROPERTY CONVEYED FOR PARK & RECREATION USE (#AB02-177): Jim Spencer, Parks & Recreation Director, reiterated that a small portion (0.18 acre) of SR3 Park was encroached upon by an adjoining auto dealer, but since 6th Street separates this portion of the park from the rest of the park, it has very limited usability. The appraised value of the property is $51,000. In order to deed the property over to the auto dealer, the attached agreement is required. Since the property is Parks Protection property pursuant to Bremerton Municipal Code (BMC) Chapter 13.12, two hearings and full Council approval is required prior to deeding the property. The first Public Hearing for this item was heard on September 18, 2002. Roger Lubovich stated that a unanimous vote by all 9 Council members was required for this issue. There were no comments from the public. #1515 M/S/C/U (Shepherd/McConnell) Move to continue the Public Hearing until all 9 members of the Council were available. 9B - PUBLIC HEARING AND ORDINANCE NO. 4812 (SECOND READING) PROVIDING FOR NEW COUNCIL DISTRICTS (#AB02-176): Kathleen McCluskey, Director of Administrative Services, reiterated that it is the responsibility of each city to periodically redistrict its governmental unit based upon population information from the most recent federal census, therefore the City hired the Central Puget Sound Economic Development District (EDD) to perform the analysis and propose the boundary adjustments as necessary. Several meetings were held with the Council in committee and a Public Hearing was held on August 28, 2002. City Charter requires an ordinance to change Council districts. The change to the Districts will become effective the day after the General Election in November. The first reading of this ordinance was heard on September 18, 2002. There were no comments from the public. #1595 M/S/C/U (Shepherd/Nygren) Move to pass Ordinance No. 4812 providing for new Council districts on second reading. With no further regular business, the meeting adjourned at 6:22 P.M. Prepared and Submitted by: Attest: LORI SMITH Council Liaison PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CAIP J/Islcge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES OF MEETING - OCTOBER 2, 2002 FOR AGENDA OF: OCTOBER 9, 2002 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: 0ClOBER 23, 2002 2. CLEARANCES: (Comment onback if necessary) 3. EXHIBITS: ENDORSEMENT [] MAYOR: INFORMATION APPROVED FOR SUBMITTAL BY COUI~/SIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. NOTICE OF ACTION: PULLED ~] TABLED COUNCIL DIRECTIVE: APPROVED RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [~ AMENDED DATE: 313 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1852 CITY COUNCIL MEETING MINUTES October 2, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, October 2, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell. 2A- CONVERSION AND REPLACEMENT OF PROPERTY CONVEYED FOR PARK & RECREATION USE (#AB02-177): Public Hearings were held on September 18 and September 25, 2002. #0077 M/S/C/U (Short/McConnell) Move to approve the sale of the property to the "Pearce Family Trust" for $51,000 pursuant to the Parks Protection Code - Chapter 13.12 of the Bremerton Municipal Code, and as a negotiated sale pursuant to Bremerton Municipal Code 2.78.030 (e), and authorize the Mayor to execute a deed to the property, and execute the attached agreement with the National Park Service to allow transfer of the deed. The regular business meeting adjourned at 5:34 P.M. The Council then reconvened for their Monthly Study Session for a presentation on the "TEN TRAITS OF AN EFFECTIVE LEADER - A PERSONAL LOOK" from Consultant Dale Freidig. Prepared and Submitted by: Attest: LORI SMITH Council Liaison PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNPJIIslcge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: COPS MORE 2002 TECHNOLOGY GRANT AWARD 2. CLEARANCE '.~~~t on bac~ if necessary) Finance Legal ~ Information Services Manage~ Operations Committee Chair ~t~..,,~'w'~-~ Fiscal and Budget Commi~ttee.Cha,~~' Chief of Polic~ ~;~ ,.//~,/, ENDORSE~_ _ ~ ~ATION [---] MAYOR: ~ ~ FOR AGENDA: October 9, 2002 ORIGINATING DEPT: Police ORIGINATOR: Tim Sholtis DATE SUBMITTED: September 25, 2002 2. EXHIBITS: Award Letter for Signature Conditions of MORE 2002 Grant Award Memorandum to Chief of Police Grant Application APPROVED FOR SUBMITTAL B Y 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The COPS MORE 2002 grant (for $250,000) allows for the purchase of information technology systems for mobile computing and records management systems. The Police Department will expand the time available for community policing by existing officers. The systems should be implemented with-in one year or less following grant acceptance. The match funding required is $65,000. 5. RECOMMENDATION: Recommend that the Bremerton City Council approve accepting the COPS MORE 2002 Technology Grant for $250,000 and comply with the special conditions according to grant administration. 7. NOTICE OF ACTION: PULLED [--] TABLED ['-] COUNCIL DIRECTIVE: APPROVED 6. RESPONSIBLE OFFICIAL: Chief Forbes ENFORCEMENT OFFICIAL: EXPIRATION DATE: 07/31/2003 REVIEW DATE: DISAPPROVED [-] AMENDED ~] DATE: ~ 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: The City of Bremerton will not use federal funding of $250,000. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Police officer redeployment will not occur. Twenty police vehicles will be without mobile computer terminals and technology insertion to the Police Department will be curtailed. 11. RESEARCH SOURCES: Federal grant management programmatic training. I0 S-0 U. S. Department of Justice Office of Community Oriented Policing Services COPS MORE02 AWARD Applicant Organization's Legal Name: Grant #: ORI #: Vendor #: Law Enforcement Executive Name: Address: City, State, Zip Code: Telephone: Fax: Government Executive Name: Address: City, State, Zip Code: Telephone: Fax; Award Start Date: 8/1/2002 Award Amount: $ 250,000.00 Carl R. Peed Date Director Bremerton, City of 2002CMWX0040 WA01801 916001231 Chief Robert D. Forbes 239 4th Street Bremerton, WA 98337 (360) 478-5220 (360) 478-5395 Mayor Ca_ry. Bozeman 239 4th Street Bremerton, WA 98337 (360) 478-5266 (360) 478-5395 Award End Date: 7/3 1/2003 SEP 05 . By signing this award, the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Law Enforcement Executive with the authority to accept this grant award. Typed Name and Title of Law Enforcement Executive. Date Signature of Government Executive with the authority to accept this grant award. Typed Name and Title of Government Executive. Date U. S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division 1100 Vermont Avenue, NW Washington, DC 20530 Memorandum To: Robert Forbes, Chief 13remerton, City of From: Robert A. Phillips, Assistant Director, Grants Administration Lmda Rosen, COPS Point of Contact, Grants Administration Sheila R. Magoon, StaffAccountant, Finance Division Re: COPS MORE02 Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. 916001231 ORI #: WA01801 Grant #: 2002CMWX0040 Vendor #: Category Requested Disallowed Approved Equipment $140,000.00 $0.00 $140,000.00 Supplies $346,332.00 $0.00 $346,332.00 Consultants/Contractors $35,120.00 $0.00 $35,120.00 Other $2,590.00 $2,590.00 $0.00 Total $524,042.00 $2,590.00 $521,452.00 Disallowed Reasons/Comments Grand Total: Federal Share: Applicant Share: $ 250,000.00 · $ 271,452.00 Budget cleared by Sheila R. Magoon on 81312002. Overall Comments: The total project cost was reduced by $2,590 due to disallowed costs for MORE Training. The federal share remains the same. No contact was made. U. S. Department of Justice Office of Community Oriented Policing Services (COPS) Grants Administration Division 1100 Vermont Avenue, NW Washington, DC 20530 August 30, 2002 Memorandum of COPS MORE 2002 Items Funded Jurisdiction: Bremerton, City of ORI: WA01801 The following figures have been compiled by the COPS Office based on a review of your COPS MORE 2002 application. Award amounts are based on financial review by the COPS Finance Division. I Technology/Equipment: Total federal dollars awarded: Items Funded: Description: $ 250,000.00 Mobile Computing RMS * The official award date of your COPS MORE 2002 grant is 8/1/2002. You will be reimbursed for any approved expenses incurred on or after 8/1/2002 under your COPS MORE 2002 grant. If your department requested a waiver of the local matching funds, information concerning this decision will be sent to you shortly under separate cover. GRANT APPLICATION NOTIFICATION [FOR GRANTS REQUIRING MA TCHING FUNDS oF $20K OR MORE] Department Submitting Application: Bremert'on Police Department Grant Award. Amount: Matching Funds Required: Amount of Matching Funds: $250,000.00 [] Yes [] No $ 274,042.00 Type of Grant · Duration of Grant - Granting Agency: Technology One Year U.S. Department of Justice Summa~/of Gran~. The COPS MORE 2002 Supplemental Information Request (SIR) allows for the purchase of information technology systems for mobile computing and records management systems. The Department will expand the time available for community policing by existing officers. The systems should be implemented with-in one year or less, following application approval. ApproVal Mayor ~----~~ ' ~.~naure/ Date F isca, and Budget Committee -- Sig ~%e~,~~/y./~ Operations Committee /~ ~ ~ Date -' ' '/"-S~fnature c. c ~ Department Head /~~~2~.'~_. .~'~tt~e~~, ' . Signature' GRANT APPLICATION NOTIFICATION [FOR GRANTS REQUIRING MA TCHING FUNDS OF $20K OR MORE] Department Submitting Application: Bremerton Police Department Grant Award Amount: Matching Funds Required: Amount of Matching Funds: $ 250,000.00 [] Yes [] No $ 65,000.00 Type of Grant - Duration of Grant' Granting Agency: Technology One Year U.S. Department of Justice Summary of Grant: The COPS MORE 2001 allows for the purchase of information technology systems fo~imobile computing and records management systems. The Department will expand the time available for community policing_ by existin[ officers. The systems should be implemented with-in one year or less~ following application approval. Approval ' Mayor ~ .,/). ~ ,/~ ._~/f//o j Fiscal and Budget Committee ~~'~'~' ~'-~JSignature . Operations Committee F/~~ /----~-"~'~ --~-/~/"- '~/ Signature Date Department Head ,/:~ ~ ~ --~"'~'- Signature Date /5 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Resident Commissioner Appointment to Bremerton Housing Authority Board FOR AGENDA OF: October 9, 2002 ORIGINATING DEPT: Mayor ORIGINATOR: Mayor Bozeman DATE SUBMITTED: 9-19-02 2. CLE~CES: (Comment on )~ack if necessary) OPERATIC)NS CHAIR 3. EXHIBITS: Application MAYOR: APPROVED FOR SUBMITTAL BY COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The term for the current Resident Commissioner on the Bremerton Housing Authority Board has expired. The attached application is being recommended by Mayor Bozeman to fill the vacancy. Council approval is necessary for the appointment. 5. RECOMMENDATION: Move to approve the Mayor's recommendation to appoint Sharon Cromley as Resident Commissioner to the Board of the Bremerton Housing Authority. 7. NOTICE OF ACTION: PULLED r-] TABLED [] COUNCIL DIRECTIVE: APPROVED I--] e RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED A ENDE. E3 A 9. IMPACT OF NON-PASSAGE: The Housing Authority residents will not have represemation on the Bremerton Housing Authority. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: N/A 11. RESEARCH SOURCES: 17 APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: Sharon Cromley HOME ADDRESS: 2040 Wheaton W,~.y t/202~ Breme['ton HOME PHONE: 475-0Z70 STATE WA ZIP CODE 98310 OCCUPATION: ~,~-~i~.~b/v'~e~-<~'-_c. b ~-~ r~ EMPLOYER: L~ 'c~,~¥~c~ \-~ ~t~5~, WORK PHONE: ~'~'] - % -] ~{ ~ E-MAIL: FAX: EDUCATION: \-X~ ~ ~-~ LOCAL REFERENCES (name & phone number}: , , .,,,.' tl lAM INTERESTED IN SERVING ON (please check one Disability Action Committee Civil Service Commission(18 yrs. & older) Urban Forest Committee Public Access Citizens Advisory Committee Community Development Block Grant Advisory Committee '-~(~ Youth Council Safe Streets Steering Committee Citizen's Commission on Council Salaries this an application for reappointment? ~ () or more}: Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Mayor's Select Committee on Law Enforcement Other ;f yes, how many years have you served on this commission/committee? Please turn page --> WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACT WT ESI? We welcome your willingness to serve Bremerton. Mayor's Office 239 4th Street 9/o~ Please return this completed form to: (360) 478-5266 (360) 478-5883 FAX AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: BUDGET ADJUSTMENT 2002 - 19 2. CLEARANCES: ~ Finance Director / f'/"~ ~~necessary) _ FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: OCTOBER 9, 2002 Parks/Golf Jim Spencer 3. EXHIBITS: Budget Adj. Request No. 2002 - 19 ENDORSE~ MAYOR APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY ,STATEMENT AND REQUIREMENT FOR COUNCIL,ACTION' This budget adjustment is required in order to accommodate the compensation requirements specified in the Professional Services Agreement with Scott Alexander and Daryl Matheny, which was previously approved on 24 Apdl 2002. These requirements were dictated by Bond Council. The delay in preparing the accompanying budget adjustment was due to the uncertainty surrounding the restaurant performance. 8. RECOMMENDATION: Motion to approve Budget Adjustment Request 2002 - 19 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Jim Spen, cer Mayor 12/31/2002 N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED AMENDED 1t. AGENDA BILL NO: ~- /~'5/ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The budget will not accurately reflect known changes in anticipated revenues and will lack expenditure authority for payment of services as stated in the Professional Services Contract. 6.. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: Requesting Department: Approval Authority Required: NTreasurer CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST PARKS/GOLF 407 Adjustment Number: 2002-19 r--~M ayor SOURCE OF FUNDS: Description Amount 407 54 362.8000 Concession Proceeds $931,000.00 407 54 347.3004 Golf Cart Path Fees $393,000.00 REVENUE INCREASE: $ 1,324,000.00 F Fiscal & Budget r-~council iUSE OF FUNDS: Descri pti on Amount 407 576.6654.54110 Professional Service $1,287,000.00 407 54 508.00.5000 Ending Cash Balance $37,000.00 EXPENDITURE INCREASE: $ 1,324,000.00 NARRATIVE: This adjustment reflects the changes in the Gold Mountain Golf Complex Contract as required by Bond Council. Department Head Signature Treasurer Comments: Date ¢irector Si~tu~e - "¢" ~.r~_ Recommended r-~ Not Recommended Tfreasurer s Signature Mayor Comments: Recommended Approved Not Recommended Denied ~ature Fiscal & Budget Committee Comments: Denied Fiscal & Budge~ ~"~mmittee Signature Date AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Creating permanent position of Development Manager in Community Development FOR AGENDA OF: October 9, 2002 ORIGINATING DEPT Commupity Development ORIGINATOR: : Chris Hug~ DATE SUBMITTED: 9-24-2002 2. CLEARANCE~S: (C~n~/~ back if necessary) 3. EXHIBITS: Finance Director ~ ~F_~,~.~ Department Organization Chart Human Resources ~ ,~,~ Department Staffing Document/Budget Summary APPROVED FOR SUBMITTAL BY CO~CIL P~RESID~ENT: ,~ / 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The position that Jim Svennson has held as a temporary for the past year at 3A time is presented for Council Approval as a new permanent position of Development Manager remaining at 3A time. Work load as a reflection of ped:maof.~revenues increased 30% in 2002 and is anticipated to increase an additional 40% in 2003. t°~r~;~ 5. RECOMMENDATION: to a p p rove Development Manager position in the Community Development Department. to a pp rove Budget Adjustment Request funding Development Manager position. 7. NOTICE OF ACTION: PULLED ~-] TABLED ['~ COUNCIL DIRECTIVE: APPROVED [] e RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED AMENDED ~~T~ oh,.3 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: Inadequate staff capacity to meet state statutory requirements for timely review in permitting. 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Budgetary impact will be the cost of additional health coverage. Equipment and facilities have been supported for the temporary position, therefore there will be no additional impact in those areas. 11. RESEARCH SOURCES: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: Community Development Approval Authority Required: F-~Finance Director [--~ Mayor Adjustment Number: FI 2002 #20 SOURCE OF FUNDS: Description Discretionary Reserve Amount 14,500 Fiscal & Budget iUSE OF FUNDS: Description Personnel [-~Council Amount 14,500 NARRATIVE: This adjustment will add a position Development Manager position to the Department of Community Development. Funding for this change will come from the Discretionary Reserve account in the General Fund. An updated organization chart and Budget Summary are attached. Department Head Signature Finance Director Comments: Date Director Sig'n~!ure - ' C// - Recommended r-~ Mayor Comments: Not Reco m mended . //~/~.g//~_/ ~ .,~c'¢iz/¢_~j "¢~d/F~Tl~no¢i(e?tor s S~i£nature D~te ' ~ Recommended ~ Not Recommended ~ Approved F-~ Denied , t,.¢ a or's Fiscal & Budget Committee Comments: Date Approved ~ Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT Paul Rogerson Planning Manager (Acts for Director) GROVVTH PLANNING - Matthew Keough Growth Planner - Adrianne Ralph Environmental Planner HOUSING AND BLOCK GRANT PROGRAMS - Marylyn Waibel Admin. Analyst - Debbie Peavler-Stewart Admin. Analyst Chris Hugo Director CODE COMPLIANCE - Janet Lunceford Code Compliance Officer (pending) Mitchelle Honore' Office Assistant, Sr. I Jim Svensson Development Manager I CURRENT PLANNING - (Vacant) City Planner Pat Conroy Building Development Specialist II I BUILDING - Larry Craze Building Inspector & Plans Examiner - Robert Doobovsky Building Inspector - Valarie Wolf Building Development Specialist 9/2002 CITY OF BREMERTON IDEPARTMENT: Community Development FUND: General 001-16 DEPARTMENT FUNCTION IThe Department of Community Development's responsibilities include administrative support of the Planning Commission, development of Land Use Planning/Zoning policies, and administration of the zoning codes. The Director Building & Planning administers the Building, Land Use, and Environment Program, the Long-Range Planning Program, and the Development Program. EXPENDITURE SUMMARY ADOPTED AMENDED 2001 2002 2001 2002 DESCRIPTION BUDGET BUDGET BUDGET BUDGET Personnel 477,041 477,041 477,041 Supplies & Services 106,035 59,035 106,035 Capital Outlay 8,500 20,115 8,500 Operating Transfers 17,500 17,500 17,500 TOTAL 609,076 573,691 609,076 643,040 49,370 0 117,500 709,9 0 STAFFING AUTHORIZATION ADOPTED AMENDED POSITION ADMINISTRATION Director Economic Development Dir. of Community Development Director Building & Planning Planning Manager iDeVelopment Manager =Building & Dev. Spec. I Office Assistant Senior Office Assistant II Sub-Total PLANNING PROGRAM Planner Senior Building & Dev. Spec. II Sub-Total GROW'I'H PLANNING Planner II Senior Planner Planner I Planner Sub-Total CURRENT PLANNING Planner I Planner :Building & Dev. Spec. 1 Sub-Total BUILDING Building & Dev. Spec. II Building & Dev. Spec. I Sub-Total TOTAL STAFFING 2001 2002 2001 2002 BUDGET BUDGET BUDGET BUDGET 1.00 1.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Oio0 0,00 1.00 1.00 0.00 1.00 0.50 0.50 0.00 3.50 3.50 2.00 0.00 1.00 0.00 1.00 1~00 0.00 1.00 0.00 4.00 1.00 1.00 0.00 0.00 1.00 1.00 0.00 0.00 2.00 2.00 0.00 0.00 0.00 1.00 0.00 2.00 3.00 0.00 1.00 1.00 2.00 0.00 0.00 2.00 0.00 2.00 1.00 0.00 0.00 1.00 1.50 1.50 1.00 2.00 0.00 0.00 1.00 2.00 1.50 1.50 2.00 4.00 7.00 84 7.00 9.00 11.00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 2003 CDBG Final Allocation 2. C'1.1~. A R A 1~,1'C'~..~: DCD Director: [~-- EDC Director.(, .%~. _ {~u. Operations Co~'m~ttee ~ ~,, Fiscal & Budget Committeo~~~' FOR AGENDA OF: October 9, 2002 ORIGINATING DEPT: Dept. of Community Development ORIGINATOR: Marylyn Waibel/Paul Rogerson DATE SUBMITTED: September 30, 2002 COUNCIL PRESIDENT FOR 3. Funding Availability Allocation Spreadsheet Froject Rankings Project Descriptions .qIII~MARY gTATI~.IMF. NIT AMY} RF. QI IIRI~.I~I~.NIT FOR Cf}lINC'II. ACTIC}NT: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT ~;~~ 4. On July 24, 2002, the City Council approved the 2003 CDBG Policy Plan, which included CDBG rules and regulations, as well as the allocation process. Funding availability was advertised and applications were accepted until 8/22/02. The CDBG Advisory Committee (Roy McInnis, Tina Davis, and Ron Smith) reviewed the applications, conducted interviews and individually rated each application. Attached are the Committee funding recommendations based on their scores. 8. R I~.t~f-)~IMF. NII') A TIC} NI: Move approval of CDBG Advisory Committee recommendations for 2003 CDBG allocation. e RESPONSIBLE OFFICIAL: Administrative Analyst ENFORCEMENT OFFICIAL: Administrative Analyst EXPIRATION DATE: REVIEW DATE: PULLED TABLED CO1 IMCII. DIRECTIVE- 10. NflTICF. OF ACTION __ APPROVED~ DISAPPROVED AMENDED DATE: qA PAGE "A" 11. AGENDA BILL NO.: 2. CT,I~.A R A NTt~ TN,IPAC'T ~)i~ N/C)NT-PA ~.~ At~IZ· Will not be able to complete 2003 CDBG process. 6. TKAPAC~r ON .qTAI~TNG; RI ll')Glq. T.q; i~AI"TT,TTT~.q; F. QI ITPMFNT OR OTT-T1R. R RI~.ROIIRCEy: None PAGE "B" 2003 CDBG AVAILABLE FUNDING **$550,000.00 **$ 60~098.80 **$610,098.80 Estimated HUD 2003 CDBG Allocation Unspent Closed Projects Carryover The $610,098.80 will be split the in the following manner: $122,019.76 $ 91,514.82 $152,524.70 $244~039.52 $610,098.80 20% for Planning & Administration 15% for Public Services 25% for Housing Projects Balance for Capital Projects **$500,000.00 Rehabilitation Loan Program Income/Capital The $500,000.00 is allocated for the Rehabilitation Loan Program, however the Action Plan can be amended for any eligible CDBG project. PAGE "C" 0 0 O0 oo~ oo~ 8888888~888888~ ooo 88888888~88~ ° ~ o~ooooo~oooooo~ 8~ ~~~ ~ 2003 PLANNING AND ADMIN. RANKINGS $122,019.76 AVAILABLE REQUESTED AWARDED BREMERTON DCD-ADMINISTRATION BREMERTON ECONOMIC DEVELOPMENT KCCHA-WESTPARK TOTALS #1 #2 #3 $90,000.00 $20,000.00 $50,000.00 $160,000.00 $90,000.00 $20,000.00 $12,019.76 $122,019.76 NOTE: ANY ADDITIONAL FUNDS RECEIVED WILL GO TO KCCHA. PAGE /lEI,' 2003 PUBLIC SERVICE RANKINGS $91,514.82 AVAILABLE REQUESTED AWARDED BREMERTON PARKS AND RECREATION PLAYGROUND EXPRESS #1 BREMERTON SERVICES ASSOC. - CHUCKWAGON #2 BREMERTON FOODLINE #3 KITSAP COMMUNITY RESOURCES ~4 YMCA #5 KITSAP SEXUAL ASSAULT ~6 AGAPE #7 MAX HALE ~8 LITERACY COUNCIL ~9 EASTSIDE ADULT DAY SERVICES #10 YWCA #11 RMH #12 DISPUTE RESOLUTION #13 POSITIVE SOLUTIONS #14 TOTALS $9,000.00 $17,000.0O $23,875.0O $25,000.0O $7,500.00 $16,500.00 $22,580.00 $20,000.00 $15,000.00 $7,000.00 $10,000.00 $20,000.00 $15,000.00 $25,000.00 $233,455.O0 $9,000.00 $17,000.00 $23,875.00 $25,000.00 $7,500.00 $9,139.82 $0.0o $O.00 $O.00 $o.00 $0.00 $o.00 $O.00 $91,514.82 NOTE: ANY ADDITIONAL FUNDS RECEIVED WILL GO TO KITSAP SEXUAL ASSAULT FIRST, AND THEN ON DOWN THE COLUMN. 'AGE "F" 33 2003 HOUSING RANKINGS $152,624.70 AVAILABLE BREMERTON DCD-REHABILITATION KITSAP COMMUNITY RESOURCES TOTALS NOTE: ANY ADDITIONAL FUNDS RECEIVED WILL GO TO KCR. #1 #2 REQUESTED $100,000.00 $100,000.00 $200,000.00 AWARDED $100,000.00 $52,524.7O $152,524.70 PAGE "G" 2003 CAPITAL RANKINGS $744,039.$2 AVAILABLE REQUESTED AWARDED BREMERTON ECONDEV./MARTIME PARK AMERICAN RED CROSS BREMERTON PARKS & RECREATION/SR. CTR. REHAB. BREMERTON PARKS & RECREATION/POOL REHAB BREMERTON PARKS & RECREATION/SHERIDAN PK. REHAB. BREMERTON PUBLIC WORKS/ADA BREMERTON PUBLIC WORKS/TRAFFIC CALMING BREMERTON PUBLIC WORKS/SIDEWALKS BREMERTON PARKS & RECREATION/LIONS PARK MAX HALE CENTER ADMIRAL THEATRE FOUNDATION TOTALS #1 #2 #3 #5 #6 #7 #8 #9 #10 #11 $500,000.00 $34,088.00 $35,000.00 $50,000.00 $65,000.00 $25,000.00 $10,000.00 $75,000.00 $35,000.00 $14,700.00 $200,000.00 $1,043,788.00 $500 000.00 $34 088.00 $35 000.00 $50 000.00 $65 000.00 $25 000.00 $10 000.00 $24 951.52 $0.00 $0.00 $0.00 $744,039.52 NOTE: ANY ADDITIONAL FUNDS RECEIVED WILL GO TO BREMERTON PUBLIC WORKS/SIDEWALKS AND THEN ON DOWN THE LINE. PAGE "H" 2003 CDB6 APPLICATION/PRO,TECT DESCRIFT'J~ON PLANNING AND ADMINISTRATION C]:TY OF BI~EMEI~TON bCD I~EC~UESTEb: $90,000.00 Provide salaries for two (2) Administrative Analyst's to administer the 2003 CDBG Program. CZTY OF BI~EMERTON ECONOM~[C DEVELOPMENT REQUESTED: $20,000.00 Funds to be used for Downtown Planning in conjunction with redevelopment. KZTSAP COUNTY CON5OL]:bATEb HOUSZNG AUTHOI~ZTY (KCCHA) REC~UESTED: $50,000.00 Funds will be used to assist planning efforts in the Westpark I~eplacement Housing Program including Housing Authority staff time, consulting fees and market and relocation studies. ~AGE "I" :>003 CDB6 APPLZCAT~ON/PRO~ECT DE$CI:~PTZON PUBLZC SERVZCE AGAPE REQUESTED: $22,580.00 Provide salaries for one (1) { time Housing Coordinator and one (1) on-call maintenance person (up to 20 hours per month) to provide rental assistance and supportive services for approximately 88 participants and their children. BREMERTON FOObL]~NE REQUESTED: $23,875.00 This project will be committed to funding the salaries of the staff of the Bremerton Foodline. The year 2003 salary budget forecast identifies the paid part-time staff positions of Executive Director, Supervisor of Operations, Driver, and Bookkeeper/Administrative Assistant. BREMERTON PARKS AND RECREATION REQUESTEb: $9,000.00 Funds will be used toward the staff of the Playground Express Program. Continue the addition of the Evergreen Park site and to include a special event "Family Night at the Park" on Tuesday night from 6-8 pm with music, arts & crafts, dancing, and games. BREMERTON SERVZCES ASSOC:T. A TION/CHUCKWAGON REQUESTED: $t7,000.00 ¢huckwagon volunteers will deliver 17,000 nutritious meals to 170 homebound, Iow-income elderly persons residing in Bremerton. CDBG funds will be used only toward the meal cost. PAGE "I" DISPUTE RESOLUT]:ON CENTER REQUESTED: $1,5,000.00 Funds will be used to pay the salary of the program manager position to maintain current level of service and expand support to directly and indirectly benefit Iow and very Iow-income persons in Bremerton. EASTSZDE ADULT bAY 5ERV]:¢E5 REC~UESTEb: $7,000.00 Funds will be used toward provide scholarships for Iow-income disabled Bremerton residents who need services at Green Mountain ADH, to maintain independence and provide information and support for unpaid family caregivers. KITSAP COMMUN]:TY RESOURCES REQUESTED: $;~§,000.00 Funds will be used to pay the salary of a Counselor(s) who will provide 42§ individuals with assistance in areas of emergency shelter and/or transitional housing for homeless families, childcare for homeless children, housing for pregnant and/or parenting teens and homelessness prevention including rental/mortgage assistance. KITSAP SEXUAL ASSAULT REQUESTED: $16,§00.00 Funds will be used to pay the salary of a Counselor(s) who will provide 30 sexually abused children and their non-offending family members with crisis intervention, legal/medical advocacy, counseling, parent education, case management and referrals. LITERACY COUNCIL REQUESTED: $t5,000.00 Funds will be used to pay staff who will provide free instructional and support services to Iow-income adults: one-on-one classroom instruction and tutoring, GED preparation, employment readiness skills and computer literacy, External Diploma Program, assist with disability accommodations. ~AGE "K" MAX HALE CENTER REQUEST: $20,000.00 Funds will be used to pay the salary of the Resident Resource Advocate who will connect homeless and Iow-income residents of Bremerton with resources they need to achieve self-sufficiency. POSZTZVE 50LUT~ON5 REQUESTED: $25,000.00 Funds will be used to pay the rent for the organization, which will establish a benefits resource center fay individuals with disabilities and their stakeholders. Services will include benefits counseling, legal advocacy, independent living skills, self-employment support end computer accessibility/training. RMH SERVZCES REQUESTEb: $20,000.00 Funds will be used to finance a portion of the salaries of two case managers. YMCA CHILbCARE SCHOLARSHIP5 REQUESTED: $7,500.00 Funds will be used to provide scholarships, which will enable forty-one (41) new Iow-income and very Iow-income children to participate in Latchkey Child Care and summer camp. YWCA OF KITSAP COUNTY REQUE5TEb: $10,000.00 Funds will be used to maintain staffing and operation costs for one (1) FTE YWCA ALIVE Program birector who will provide a comprehensive range of services for domestic violence victims and their children. 'AGE "L' 2003 CDB6 APPLT. CAT?.ON/PRO,TECT DESCI::LI:PTZON HOUSZN6 CITY OF BREMERTON DCD REC~UESTED: $100,000.00 Funds will be used for World Changers/Rehabilitation and administration of the programs. KITSAP COMMUNITY RESOURCES REQUESTEb: $100,000.00 Funds will be used to pay staff and administration costs as well as 20 Iow- income owner occupied households will receive weatherization enhancements to their homes. PAGE "M' q-O ZOO3 CDBG APPL.~CATZON/PROSECT' DE~<::3~PTZON CAI~TAL ADMIRAL THEATER REQUESTED: $200,000.00 Funds will be used to combine with Kitsap County CDBG ($200,000 applied for) to match $400,000 federal funds: add win9 and loading dock to stage, relocate box-office, and historic preservation. AMERICAI',I RED CROSS REQUESTED: $34,088.00 Funds will be used to purchase a generator so that the building con be used to direct Red Cross emergency response during a power outage and to secure the front entrance of the building. ¢'I:TY OF BREMERTON ECONOMIC DEVELOPMENT REQUESTED: $500,000.00 Funds are committed to the City's portion of the Maritime Park project. BREMERTON PARK5 AND RECREA'I'ZON REQUESTED: $35,000.00 Funds will be used to replace the old playground equipment at Lion's Pork with new, bright and colorful play equipment that is accessible and conforms with the National Recreation and Parks Association safety standards. BREMERTON PARK5 AND RECREAT1:ON REQUESTED: $50,000.00 Funds will be used for installation of a replacement heating, ventilation and air conditioning system servicing the lobby and gallem/of the indoor Glenn ,Tarstad Aquatic Center. ?AGE "N' BREMERTON PARK5 AND RECREATZON REC),UESTED: $65,000.00 Replace 56 old single pane windows with new windows and rehabilitate the women and men's restrooms with new vandal resistant equipment. BREMERTON PARKS AND RECREAT'J:ON REC~UESTEb: $35,000.00 CbBG funds will be used to repair roof to prevent water buildup and corresponding leaks into the interior of the building and replace floors and partitions in men's and women's restrooms. BREMERTON PUBLZC WORKS REQUESTED: $25,000.00 CbBG funds will be used to construct the highest prioritized sidewalk ramps as ranked from the City's "AbA Sidewalk Access Prioritization" developed by the City's bisability Action Committee. BREMERTON PUBL:[C WORKS REC~UESTED: $75,000.00 Funds will be used to respond to community needs for safe pedestrian access by constructing high-priority sidewalks in Iow-income areas. BREMERTON PUBLTC WORKS REC~UESTED: $10,000.00 Funds will be used to respond to community requests for non-standard traffic calming devices (TCI)) by constructing high priority TCD in Iow- income areas. MAX HALE CENTER REQUESTED: $14,700.00 CI;)BG funds will be used to install automatic handicap doors for the two resident foyer doors and the side lobby entrance door. ~AGE "0" AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ~-~7 5 , regarding recovery of fees for securing the building on the property located at 901 Pleasant Avenue. FOR AGENDA OF: October 9~ 2002 ORIGINATING DEPT.: Fire Dept. ORIGINATOR: Al Dqke DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) Fire Chief:. ~ L. ..~L..;:~t.~_.-" EXHIBITS: 1. Resolution # ~ ~ "]~' City Cier.~:~~='-c~-~..~ ...... _ 2. Clerk Report City atty~.~_~x,~ 3. Photos ENDORSEMENT ~II~-'O~T~/O~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT /=~.~'~_. ~~/.~ _~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On June 25, 2002, the water service to the apartment building located at 901 Pleasant Avenue was terminated due to non-payment of charges. On Angust 7, 2002, a Notice and Order to Abate Unsafe Condition and a Notice to Vacate were issued and delivered to the owner and the tenants, requiring them to either arrange to have the water service restored or to vacate the structure by August 10, 2002. The legal requirements for notice were met. On August 14, 2002, after failure to comply with the order, the building was vacated and secured against entry. After an at~empted break-in on August 20, 2002, Public Works rebourded a portion of the building on August 23, 2002. The cost of the work, including the administrative fee, totaled $2,447.20. Council must now decide if the costs are just and reasonable and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # ~7_~ , order that the fees in the amount of $2,447.20 incurred for securing the building located at 901 Pleasant Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: A! Duke EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED C, OUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVEDDATE:' AMENDE~ 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: e IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING, BUDGETS~ .FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. e RESEARCH SOURCES: N/A 75 A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for securing the building at 901 Pleasant Avenue and determining means of collection. WHEREAS, thc City of Bremerton incurred costs for securing the building at 901 Pleasant Avenue; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Brcmerton recommends the fees be collected as a lien against the property located at 901 Pleasant Avenue, now, therefore, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. That the abatement charges included in the report of the Building Official in the amount of $2,447.20 for the property located at 901 Pleasant Avenue, Bremerton, attached hereto, are just and reasonable. SECTION 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. SECTION 3. SeverabiliW_. If any one or more sections, subsections or sentences of this Resolution are held to be unconstitutional or invalid, such decision shah not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. passage. Effective Date. This Resolution shall take effect and be in force immediately upon its 20 PASSED, by the City Council of the City of Bremerton this day of APPROVED AS TO FORM: CAROL ARENDS, Council President ATTEST: ROGER A. LUBOVICH, City Attomey KATHLEEN MCCLUSKEY, City Clerk BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Br~merton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 September 17, 2002 Memo To: From: CC: Re: Paula Johnston, Deputy Ci~ Clerk Janet Lunceford, BDS II ill(``.. Al Duke, Chief 901 Pleasant Avenue On August 14, 2002, Public Works secured the building located at 901 Pleasant Avenue after it was vacated for lack of water service. The cost of the work, per the attached interfund transfer and including the administrative fee, totaled $2,447.20. I have scheduled a public hearing for October 9, 2002 for Council to decide how the fees should be collected. CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 09/05/2002 TRANSFER# 1 TO COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Fire Department (Fund 108) PWO-STREET DIVISION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION ~OTAL Charges per attached summary for: August 2002 LABOR EQUIPMENT MATERIALS SALES TAX TOTAL BLAB $1,096.10 $244.00 $217.10 $0.00 $1,557.20 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $1,557.20 (Sign Here) (Sign Here) ~ EXPEN~TURE DEPARTMENT SUPERVISOR ig Details ~02 03..15..45 PM CITY OF BREMERTON Customer: BLAB Fire Department (Fund 108)- Abatements/Demolitions Date ID Numbers Description 08/13/02 sr~2oo59 0524 08/14/02 sD52oo59 0909 0524 3090 1712 3069 0051 3075 0583 3078 2190 osb 08/22/02 SD52OO59 1712 0583 3013 521996 BLAB - Board up 901 Pleasant. Prep for board up. Colen Corey 522013 BLAB - Board up 901 Pleasant. Brian Brewer Colen Corey 1997 Chevrolet C2500 4x4 John Corey IV 1990 Int'l 10 Yard Dump Track Scott Corey '92 FORD RANGER 4x4 Mark A. Thompson '95 1-TON CHEVY Trevor Lunceford OSB 7/16" 4x8 Graded 522095 BLAB - Board up 901 Pleasant. John Corey IV Mark A. Thompson '92 GMC 1-TON PFU Regular 1.00 hr 3.50 hr 5.00 hr 1.00 hr 8.00 hr 5.00 hr 1.00 hr 1.00 hr 8.00 hr 5.00 hr 6.00 hr 26.00 ea 2.00 hr 2.00 hr 2.00 hr Page 1 PWO-STREET DIVISION Overtime Costs $34.00 $119.00 $170.00 $5.00 $272.00 $170.00 $34.00 $6.0O $272.00 $45.00 $59.10 $217.10 $68.00 $68.00 $18.00 $1,557.20 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: OCTOBER 9., 20,02 Resolution # ,,~.~ 7 ~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. removal of vegetation on the listed properties. ORIGINATOR: Al .Duke DATE SUBMITTED: 2. CL .E .ARANCES :_ (Comment ~ back if 3. EXHIBITS: necessary) / ~ / / Fire Chief: L. ~(~'-:~'~-~'~' ~- ....... ~ 1. Resolution/4 ~ ~ 7 Ca City Cie~..~ ~ ~'~'_ 2 Property Identification City Atty.'-.~'~_~ - ¥ ..... ~-~~---~' List (Exhibit A) MAYO UOUNCIL PRESIDENT ~L~~ 4. ,SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinan~ #4584 deslar~ th~ it i~ ~lawful hud u uni~nce to allow, continne, or maintain gra~ and w~ds exceeding twelve (12) inches in height, shrubs, brmh, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are eurrontly in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgment against the owner and a lien against the property. RECOMM ,EN, DATION: ! move that Council pass Resolution # oQ ~ ?.(.t,, ordering that the nuisance vegetation on the properties identified by the attached listing be removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner and a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: A! Duke EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE... 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE:~~~ 11. AGENDA BILL NO.: 53- 2. CLEARANCE COMMENTS: IMPACT OF,N .ON-PASSAGE; Ordinance #4584 would not be enforced and nuisance vegetation would continue to thrive in the City of Bremerton. IM,P, ACT~,ON STAF, FING~ BUDGETS~ FAC, ILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLUTION # ~ ~-7 (0 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving nuisance vegetation abatement on the properties listed in Exhibit A and determining means of collection of costs incurred for its removal. WHEREAS, the City of Bremerton passed ordinance ff4584 in February of 1997, which declares certain vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and WHEREAS, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance vegetation and recoup the costs by personal judgment against the property owner and as a lien against the property; and WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and whether it shall be removed and has considered the report filed by the Building Official and any protests or objections filed; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the vegetation shown to exist on the properties listed in Exhibit A attached hereto and incorporated herein is hereby declared to be a nuisance. SECTION 2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture abatement fees by pursuing a personal judgment against the property owner and filing a lien against the property. ,S,,E, CT!ON3. Severabili~. If any one or more sections, subsections or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. S,,ECTION 4. passage. Effective Date. This Resolution shall take effect and be in force immediately upon its 20 PASSED, by the City Council of the City of Bremerton this day of APPROVED AS TO FORM: CAROL ARENDS, Council President ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk WEED ABATEMENT LISTING OCTOBER 9, 2002 EXHIBIT A SITE ADDRESS 1320 Elizabeth Avenue OVfNER William Huckabee 1912 - 4th Street Bremerton, WA 98337 510 S. Yantic Sinclair Community Baptist 510 S. Yantic Avenue Bremerton, WA 98312 6th and Naval American Drug Stores, Inc. 250 Park Center Blvd. Boise, ID 83706 2110 E. 21 st Street Conseco Finance Co. 7360 S. Kyrene Rd. Tempe, AZ 85283 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance No. Cascade Natural Gas Corporation One Year Franchise FOR AGENDA OF: [o\%1~_ ORIGINATING DEPT: Admin Srvs. ORIGINATOR: K. McCluskey ~ DATE SUBMITTED: 8/25/02 3. EXHIBITS: 0RD}NANCE NO. FISCALS& BUDGET CHAIR .NDORSE EN,T . APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached ordinance grants a one year franchise to Cascade Natural Gas Corporation for the period October 10, 2002 to October 9, 2003. City staff recommends a one year franchise to allow time to properly prepare to negotiate a new longer term franchise. The many changes in state and federal law regarding ROW use and the electricity and natural gas industry create some uncertainty regarding favorable franchise terms. 8. RECOMMENDATION: A) Move to approve on first reading an ordinance granting a one year franchise to Cascade Natural Gas Corporation. B) Move to pass Ordinance No. on second reading granting a one year franchise to Cascade Natural Gas Corporation. RESPONSIBLE OFFICIAL: Administration ENFORCEMENT OFFICIAL: Admin. Srvs. EXPIRATION DATE:10/03 REVIEW DATE: 6/03 PULLED TABLED COUNCIL DIRECTIVE: APPROVED 10. NOTICE OF ACTION DISAPPROVED ~4EN Date: 11. AGENDA BILL NO: 0.2- /~ 2. CLEARANCE COMMENTS (cont.) : 4. SUMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: Cascade will operate without a franchise. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE granting Cascade Natural Gas Corporation, a Washington corporation, its successors or assigns, the right and privilege to use and occupy the public streets, avenues, lanes, alleys, highways of the City of Bremerton, State of Washington, for the purpose of supplying, distributing and selling gas to the inhabitants of the City, and elsewhere; and the right and privilege of constructing, and thereafter maintaining a gas works, mains, service pipes and other necessary equipment in said City, for the distribution of gas for light, fuel, power, heat and other purposes for a period of one year from October 10, 2002 to October 9, 2003 under the same terms and conditions as provided in Franchise Ordinance No. 4342 and amended by Ordinance No. 4776. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Franchise Ordinance No. 4342 as amended by Ordinance No. 4776 ("Franchise") is hereby incorporated in its entirety by this reference, and amended to extend the term of the Franchise by amending Section 10 to extend the expiration date to October 9, 2003. Except and to the extent amended herein, all terms and conditions of the Franchise shall remain in full force and effect. Cascade shall have no rights under this Franchise nor shall Cascade be bound by the terms and conditions of this Franchise unless Cascade shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of this Ordinance. SECTION 2. Severability. If any or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This Ordinance shall become effective ten (10) days after passage and publication. Cascade Franchise Extension - Page APPROVED by the City Council the PASSED by the City Council the day of ,2002 day of ,2002 APPROVED this day of CAROL ARENDS, Council President ,2002. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN McCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ., 2002 ,2002 Cascade Franchise Extension - Page 2 HONORABLE MAYOR AND CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of : Cascade Natural Gas, a Washington : corporation, for a franchise to: construct, operate and maintain : facilities in, upon, over under, : along, across and through the : franchise area of the City of : Bremerton, Washington : Franchise Ordinance No. ACCEPTANCE WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Cascade Natural Gas, a Washington corporation, its successors and assigns, by enacting Ordinance No. ., bearing the date of ., 2002 and WHEREAS, a copy of said Ordinance granting said franchise was received by Cascade Natural Gas on ,2002, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Cascade Natural Gas, a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Cascade Natural Gas has caused this written Acceptance to be executed in its name by the undersigned on this day of ., 2002. CASCADE NATURAL GAS By: Name & Title: ATTEST: Copy received for City of Bremerton on By: City Clerk By: Name & Title: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING AND ORDINANCE AMENDING CHAPTER 3.02 PROVIDING FOR AN ANNUAL BUDGET AND MAKING MINOR AMENDMENTS TO SAID CHAPTER FOR AGENDA: Oct. 9, 2002 and Oct. 16, 2002 ORIGINATING DEPT: City Attorney's Office ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: September 25, 2002 2. CI,,EARANCES: (Comment on back if necessary) RICe--ERS, Interim Finance Director 3. EXHIBITS: Ordinance RO~ER A.A~,LUBOVICH, City At~mey F~HoPER~¥iONS CHAiRMA5~ APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ~c4~e~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of Chapter 3.02 of the Bremerton Municipal Code provide for a biennial budget. An annual budget would be more responsive in meeting the financial challenges of the City of Bremerton. 5. RECOMMENDATION: Move to approve the proposed ordinance of first reading. Move to pass Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED F-] TABLED [--I COUNCIL DIRECTIVE: APPROVED F-] e RESPONSIBLE OFFICIAL: Finance Director ENFORCEMENT OFFICIAL: Finance Director EXPIRATION DATE: n/a REVIEW DATE: n/a DISAPPROVED [] AMEND~ ~TE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.02 of the Bremerton Municipal Code relating to the City Budget Structure and Policy by providing for an annual budget beginning January 1, 2003 and by making related minor amendments to said chapter. WHEREAS, the current provisions of Chapter 3.02 of the Bremerton Municipal Code provides for a biennial budget structure; and WHEREAS, the City Council finds that an annual budget structure will result in a more efficient and effective budget, which will be more responsive in meeting the financial challenges of the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.02 of the Bremerton Municipal Code entitled "Budget Structure and Policy" is hereby amended to read as follows: Chapter 3.02 BUDGET STRUCTURE AND POLICY 3.02.010 BUDGET STRUCTURE. The City Council hereby establishes an annual budget for the City of Bremerton, beginning January 1, 2003. The 2003 Budget and all subsequent budgets shall be prepared. considered and adopted pursuant to the provisions of RCW Chapter 35.33 and of this Chapter. The adopted budget of the City of Bremerton shall consist of various Funds and Departments within those Funds as provided in the chart of accounts pursuant to statute. Each Department shall contain five (5) distinct Category Groups, which shall be classified as; 1. 1 Budget Structure and Policy Personnel, 2. Supplies, Services and Taxes, 3. Debt Service, 4. Capital Expenditures and 5. Transfers. 3.02.020 GENERAL BUDGET POLICY. Except as specifically authorized in subsequent sections of this ©rdinanceChapter, no administrator or legislator shall expend or authorize expenditure of monies that would cause the overexpenditure of any budget Category group. Further, no administrator or legislator shall employ or authorize the employment of a person into a permanent position not specifically authorized in the adopted budget. -,-.-,..,,...,~ ........... ,. ................. o,,..,,,., · 1"'-'-'1"'"' ...................... ,., ..... ,.., ..... ,..~,.,.j CII~C 2 Budget Structure and Policy 3.02.030 ADMINISTRATIVE BUDGET ADJUSTMENTS. The Mayor may authorize the transfer of appropriations between Category Groups within Departments. Each authorization is limited to $10,000 except authorizations made to correct technical errors in classification of projects or tasks to a Category Group which can be in any amount. Only one such adjustment may be applied to any Category Group within a department in a fiscal year. These authorizations may not result in the addition or deletion of capital projects or items and shall be accomplished in a manner which provides for audit review. Further, the Mayor is empowered to authorize recruitment for and filling of a permanent position at a level lower than that approved in the adopted budget. 3.02.040 CITY COUNCIL FISCAL AND BUDGET COMMITTEE BUDGET ADJUSTMENTS. The City Council Fiscal and Budget Committee may authorize the addition or deletion of capital projects and items, provided that individual deletions or additions do not exceed a cost of $10,000 and provided all council members have been advised of the Committee agenda item. Further, the Committee may authorize the transfer of appropriations between Category Groups to accomplish capital additions and/or to reappropriate surplus funds generated by capital deletions. Such transfer authorizations shall be accomplished in a manner which provides for audit review. In exercising this exception authority, the Committee shall not deviate from the policy outlined in the adopted budget, nor shall it authorize any budget adjustment that exceeds the total Department appropriation. Denials of requests for authorizations allowed in this section may be appealed to the City Council. All adjustments related to capital expenditures additions and deletions shall be reported to the Council by the Council Fiscal and Budget Committee. 3.02.050 CITY COUNCIL BUDGET ADJUSTMENTS. Except as specifically provided in this OrdinanceChapter, all adjustments to the adopted budget shall be authorized only by the City Council. Further, no adjustments to the adopted budget shall be considered by the City Council without prior review and recommendation or comment by the Mayor and the Fiscal and Budget Committee. 3 Budget Structure and Policy 3.02.060 ~IMPLEMENTATION. Policies and procedures to insure the implementation and maintenance of the policies set forth in this Chapter :hall may be prepared by the City Treasurer and provided to the administrators responsible for each Department. SECTION 2. Severabili~. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ., 2002 day of ., 2002 CAROL ARENDS, Council President Approved this day of ., 2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of ,2002 R:\LEGAL\OrdinancesWinance\Budget Structure and Policy - Ch. 3.02.doc 4 Budget Structure and Policy AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING AND FOR AGENDA: October 9 and October 16, 2002 ORDINANCE REPEALING ORDINANCE NOS. ORIGINATING DEPT: City Attorney's Office 4771 AND 4772 ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: ~£t~O~'e,~ /~ &c~ 2. CLEARANCES: (Comment on back if 0' ..C_~ A. L-~BQVrlCH, City Attorney ~RI-S J~JGO, Commlafii~-Development Director OPERATIONS CHAIRMAN 3. EXHIBITS: ENDORSEM_...._ENT MAYOR ~ APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinances No. 4771, 4783 and 4784 were appealed to the Central Puget Sound Growth Management Hearings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance Nos. 4771, 4783 and 4784 did not comply with the requirements of RCW 36.70A. 130 providing that the Comprehensive Plan be amended not more frequently than once a year. The proposed ordinance repeals Ordinance No. 4771 and companion Ordinance 4772 to bring the City back into compliance with the requirements of the Growth Management Act. 5. RECOMMENDATION: Move to approve the attached ordinance on first reading. Move to approve Ordinance No. on second reading. 7. NOTICE OF ACTION: PULLED [--] TABLED COUNCIL DIRECTIVE: APPROVED [] 6. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Chris Hugo EXPIRATION DATE: REVIEW DE~~ DATE: DISAPPROVED [] AMEN DATE: S. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: If the attached ordinance is not passed, the City will be in violation of the Growth Management Hearing Board's Final Decision and Order entered on June 29, 2002. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 11. RESEARCH SOURCES: 73-- ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Ordinance No. 4771, which added a new plan element policy to the Comprehensive Plan to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage; and further repealing Ordinance No. 4772, which added a new policy to the Comprehensive Plan to promote the reuse of public and semi-public buildings that are no longer needed to serve their original primary purpose. WHEREAS, on August 2001, the Bremerton City Council adopted Ordinance Nos. 4771 and 4772, following two public hearings before the Council; and WHEREAS, Ordinance No. 4771 amended the Bremerton Comprehensive Plan to include a new Plan Element policy to allow the front yard setback of new residential development to reflect the established setbacks of existing structures along the same street frontage in order to promote in-character, urban infill development and efficient use of land; and WHEREAS, Ordinance No. 4772 amended the Bremerton Comprehensive Plan, Element E. Land Use, Section 3.A., to add a new policy to promote the reuse of public and semi- public buildings that are no longer needed to serve their original primary purpose, provided that the new use is consistent with the surrounding planned environment; and WHEREAS, on November 28, 2001, the Bremerton City Council adopted Ordinances No. 4783 and 4784, following two public hearings before the Council; and WHEREAS, Ordinance No. 4783 amended the Bremerton Comprehensive Plan with five (5) amendments to the land use plan map and the addition of Downtown Development Goals and Policies to the C-l, Central Business District sub-area plan of the Central Bremerton Sector of the Land Use Element (pp. 56-9), and added an illustrated plan map; and 1 Comp Plan Ordinance Repeal WHEREAS, Ordinance No. 4784 amended the City's Official Zoning Map to maintain consistency with the Bremerton Comprehensive Plan, pursuant to Land Use Plan 2001 annual amendments; and WHEREAS, Ordinances No. 4771, 4783 and 4784 were appealed to the Central Puget Sound Growth Management Hearings Board, and in a Final Decision and Order issued on July 29, 2002, the Board determined that the City's adoption of Ordinance Nos. 4771, 4783 and 4784 was clearly erroneous and did not comply with the comply with the requirements of RCW 36.70A. 130; and WHEREAS, the City was directed by the Board to take appropriate legislative action to "reaffirm, repeal, amend or otherwise comply with the requirements of RCW 36.70A. 130;" and WHEREAS, the City's understanding of the Board's decision is that the adoption of the appealed ordinances did not comply with RCW 36.70A. 130 because the City was found to have amended the Bremerton Comprehensive Plan more than once a year, and the amendments were not those listed as exceptions in RCW 36.70A. 130(2)(a)(i), (ii) or (iii); and WHEREAS, the City also performed a new analysis under the Growth Management Act as to the need for the amendments included in Ordinance No. 4771 to be included in the comprehensive plan, and concluded that it was not necessary to adopt said ordinance as a policy statement under RCW 36.70A.070; and WHEREAS, the City also concluded that Ordinance No. 4771 had no substantive relationship to the analysis of cumulative effects conducted for the 2001 comprehensive plan amendments; and 2 Comp Plan Ordinance Repeal WHEREAS, the City further concluded that if Ordinance No. 4771 was repealed, then Ordinances 4783 and 4784 would be consistent with the requirements of the Growth Management Act, as both Ordinances 4783 and 4784 were reviewed and adopted together and would meet the requirements of RCW 36.70.130; and WHEREAS, in order to comply with the Board's decision, the City Council proposes to repeal Ordinance No. 4771 and finds that it is not necessary to readopt it given that there are regulations relating to front yard setbacks in Bremerton Zoning Code and that these regulations are not inconsistent with the comprehensive plan; and WHEREAS, even though Ordinance No. 4772 was not considered by the Board as a part of its decision, the City desires to demonstrate good faith in compliance with the Board's decision, and to prevent any future confusion whether Ordinance No. 4772 complies with the Growth Management Act since Ordinance No. 4772 was adopted at the same time as Ordinance No. 4771, the City chooses to repeal it and finds that it is not necessary to readopt it given that there are regulations relating to the use and reuse of public and semi-public buildings in the Bremerton Zoning Code and that these regulations also are not inconsistent with the comprehensive plan; and WHEREAS, public heatings were held on this Ordinance by the City Council during its regular meetings on October 9, 2002 and October 16, 2002; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinances No. 4771 and 4772 are hereby repealed in their entirety and are of no further effect. SECTION2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Central Puget Sound Growth Management Hearings Board and to the Washington State Office of Community Development, as required by RCW 36.70A. 106. 3 ~ ~ Comp Plan Ordinance Repeal SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the PASSED by the City Council the day of ., 2002 day of ,2002 CAROL ARENDS, Council President Approved this day of ., 2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of ,2002 day of ., 2002 R:\LEGAL\Ordinances\Community Development\Comp Plan Ord Repeal.doc 4 Comp Plan Ordinance Repeal