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Home My WebLink About05/22/02 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MAY 22, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Interlocal Agreement with Kitsap County for Purchase of Multi-Use Vehicle Bed Systems (#AB02-099) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. INFORMATION ITEM - Presentation from Kitsap Public Utility District Regarding Broadband Backbone - 15 Minutes 8. PUBLIC RECOGNITION - Comments limited to 3-minutes 9. NEW BUSINESS - There are no New Business Items this week 10. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Ordinance No. 4800 (Second Reading), Adding Chapter 1.06 to the Bremerton Municipal Code relating to Public Record Indexes and Records Requests under the Public Disclosure Act (#AB02-097) B. Ordinance No. 4804 (Second Reading), Amending Ordinance No. 4798 to make Technical and Typographical Corrections (#AB02-098) C. Ordinance (First Reading), Amending Chapter 2.04 of the Bremerton Municipal Code (BMC) relating to City Council meetings and publication of Council Salary Schedules (#AB02-100) 11. ADJOURNMENT OF MEETING F:-maii: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us Mayor Cary Bozeman I~YOR'S OFFICE/AD/~INISTRATION WORK/PROJECT PROGRAAA STATUS REPORT /~ay 22, 2002 Proiect Manager 1. Conference Center Hotek *Gary Sexton £ RFP Due by March 15th Chris Hugo £ Interviews to fottow Roger Lubov~ch £ Bonds to be sotd by County £ PFD Intertocak agreement signed by March 28th / Sign Phase I agreement with Opus May 9 / Commence dritUng and site investigation on site May 20 / Devetoper is proceeding with Phase I work and setection of private devetopment operators STATUS: Developin.~ agreement for scope and critical path in Second Phase Schematic Design 2. PubUc Safety Bond Issue - September 17, 2002 At Duke · For equipment/capitat/Buitding *Kathy McCtuskey · Devetoping request Rob Forbes STATUS: Will come to City Council in three weeks with proposal 3. Downtown Navy Parking Garage *Gary Sexton · Looking for downtown tocation Chris Hugo · Working with Norm Dicks for additionat funding STATUS: Waiting for submittal into the House Budget for possible approval 4. Setting Library to Rice/Fergus Architects *Kathy McCtuskey · Library wilt be in new Government Center · Trying to find interim space to faciUtate sate · Appraisat STATUS: Still looking for interim space for library 5. Navat Museum *Kathy McCtuskey · Moving to interim tocation/Demotition · Need $700,000 to renovate Buitding 50 (grant) STATUS: Will move to Amy Burnett's Gallery within two weeks 6. Bremerton Government Center Gary Sexton · Final design and specification documents Rich Hanna · Acquisition of property *Kitsap Consolidated · Final Decision on sq. ft. and tenants Housing Authority, STATUS: a.) Moving ahead with final design and contract Norm McLoughtin specification preparation by LMC with interim review and input from Council Committee b.) Presentation of schematic design to Council/committee c.) Continue negotiations and obtain commitments from other tenants 7. Maritime Park *Gary Sexton · Design has begun through MacLeod Reckord Jim Spencer · Grant application processing fro lAC and ALEA Chris Hugo (Aquatic Land Enhancement Access) STATUS: Funding request in '03 military budqet. Will know in Sept/Oct. 8. Water Transportation Research Institute *Art Anderson Assoc. · Art Anderson Assoc. meeting with Sen. Murray Kitsap Transit · Dick Hayes, Kitsap Transit, working with Anderson Cary Bozeman · Budget request for one mi[lion to Senator Murray · Solution to passenger ferry wake issue - goal STATUS: Funds in this year's Federal budget. Will know in October. 9. Public Safety Building *Kathy McC[uskey · Developing strategy with Po[ice and Court Rob Forbes · Looking for site/building/or remodel Gary Sexton STATUS: Considering makin_q an offer on downtown property 10. Eastpark Gary Sexton · Proceeding to transfer of title from Navy *Chris Hugo Expected in July/August 2002 · Wilt proceed with master plan criteria and options · Public process wilt be developed STATUS: Preparing site and code information packet for developers. Schedu{ing meeting with potential design/developers in June 2002. 11. Westpark Redevelopment · City supports redevelopment *Bremerton Housing · Possible Retail on site Authority · Replace current 700 iow income units STATUS: Bremerton Housing Authority moving ahead with redevelopment p{an City fs working to assist fn facilitating potential developer opportunities and permit desfqn processing. 12. Bremerton Marina · Needed for conference center *Port of Bremerton · Working with Port to Proceed · Expand from 50 to 200 slips STATUS: No progress 13. Tunnel *Gary Sexton · Seeking Federal funding · Planning with DOT · Exit for cars off ferry STATUS: Workin~ with Senator A4urray's office to include our request for 25 million. Current years budget request will be for $5,000,000 desi.Rn development costs. 14. Communications Plan *SherriL Huff-Menees · DeveLoping employee committee · Upgrading web site · DeveJoping marketing piece STATUS: Have hired Heidi Witherspoon to handle press releases and write brochures and are negotiatin~ with new consultant to redesign web site. 15. Capita[ FaciLities PLan *Kathy McCLuskey · Inventory Department Heads · Identify potential surplus property · Future needs/projects STATUS: In development staele 16. Ice Skating Rink *Jim Spencer · DeveLoping agreement with developer Roger Lubovich · Seeking approval from federal government STATUS: Hope to have a proposal and a,elreement in the next two weeks for City Council consideration. NAVAL SHIPYARD · MARITII . , CITY OF BREMERTON MARITIME PARK PROCLAMATION WHEREAS, foster care is an important community and family service provided by many dedicated foster parents in the City of Bremerton; and WHEREAS, foster parents, through their love, affection, direction and compassion have opened their homes and their hearts to children and youth in foster care throughout Bremerton; and WHEREAS, foster parents give of themselves, their resources and welcome children in need of care into their lives; and WHEREAS, many foster parents are our real role models, heroes and mentors in our community;, and WHEREAS, it is fitting and proper that our community honors all foster parent organizations and all foster parents who contributed and continue to contribute to a better community and world; NOW, THEREFORE, I, Carol Arends, President of the Bremerton City Council, do hereby proclaim the month of May 2002 FOSTER PARENT APPRECIATION MONTH in Bremerton and urge all residents and citizens to volunteer their talents and energies on behalf of children in foster care, foster parents and the professional staff working with them during this month and throughout the year. SIGNED this 1st day of May 2002. Carol Arends, President CITY COUNCIL MEETING MAY 22, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please provide information below so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC 1. o Reminder: The next Council Meeting will be on Wednesday, May 29~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 22, 2001 Purchase of Muki-Use Vehicle Bed Systems ORIGINATING DEPT: Public Works & Utilities through Kitsap County Inter-Local Agreement ORIGINATOR: Jim Orton, Fleet Manager DATE SUBMITTED: May 14, 2001 2. CLEARANCES: (Commenton~ '~ ~ 3. EXHIBITS: Director PW&U .0,. ... * Purchasing Manager ,~L_~ ~,.,~~2~_.~ · Fiscal & Budget Comm. ~r~/,A ~ ~ / ENDORSEMENT _~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR~~ COUNCIL PRESIDENT :/~~- .~--~-'~__~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Department of Public Works & Utilities is converting to "multi-purpose" vehicles to reduce the number of vehicles and equipment required to perform a variety of maintenance tasks. This conversion is included in the 2002 budget, and two truck chassis for this conversion have been purchased through the State bid process. This approach utilizes a quick change "multi-bed" system for specific uses. Ultimately, this conversion will reduce fleet costs and size. Kitsap County has a valid 2002 bid for similar vehicle beds which is available to the City through an existing inter-local agreement. Council approval is requested to "piggy-back" on the County's contract to purchase two multi-use vehicle bed systems. The cost per vehicle bed system is $40,632.62 for a total of $81,265.24 including tax. 8. RECOMMENDATION: That the City Council authorize the purchase of two multi-use vehicle bed systems for a total cost of $81,265.24 based on Kitsap County Bid Number FB2002-15 utilizing the existing inter-local agreement with Kitsap County for this purpose. 9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Fleet Manager EXPIRATION DATE: NA REVIEW DATE: NA 10. NOTICE OF ACTION PULLED ~ TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: "~, ~k 11. AGENDA BILL NO: ~ .~. - '? 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage would mean the City would be required to re-bid for individual truck bed systems. This would mean additional time in obtaining new vehicles and increased cost to the City. 6. IMPACT ON STAFFING~ BUDGETS~ FACII,ITIES~ EQUIPMENT OR OTHER RESOURCES: None. This equipment is included in the 2002 budget. 7. RE. SEARCH SOURCES: City of Bremerton and Kitsap County Purchasing Policies. I'070122_1 .ab} OMPANY DIVISIONS OF MCLESKEY ENTERPRISES, INC. MANUFACTURERS & DISTRIBUTORS OF MATERIAL HANDLING & SOLID WASTE HANDLING EQUIPMENT Mr. Jim Orton April 24, 2002 Fleet Manager City of Bremerton 100 Oyster Bay Ave. N. Bremerton, WA 98312-3430 Re: Addendum and Additions to Kitsap County Bid # FB2002-125 Addendum: 1 .) Change Stellar Shuttle Model to #60-10-8 in order to accommodate chassis configuration - No Charqe. 2.) Change Snowplow to 9 feet in length, Straight configuration to accommodate chassis configuration - add $368.00. 3.) Change Sander configuration from Hydraulic operation to Self-Contained, 10.5 H.P., Industrial Gas Engine, chassis wiring harness, and remote start controls that are cab mounted - No Charge. Additions: 1.) Henderson Mark Ill, 9 foot, 2-3 yard capacity Dump Body with Steel sideboards. Stellar Shuttle sub-frame kit installed and painted White - add $5,750.00. 2.) 36 x 18 x 18 Aluminum toolbox installed roadside with two side-opening doors for additional useable storage - add $500.00. 3.) 2 inch receiver type hitch with "D" rings, trailer plug and electric brake controller installed - add $700.00. Kitsap County bid price $30,339.66 Sales tax at 7.9% $2,396.83 Total bid price: $32,736.49 Each City of Bremerton additions and addendum's to Kitsap County bid #FB2002-125 Total price for additions and addendum's $7,318.00 Sales tax at 7.9% $578.13 Total: $7,896.13 New total for City of Bremerton $40,632.62 Each Grand total for (2) $81,265.24 Each (360) 887-0733 ·(800) 628-8722 TOLL FREE . (503) 283-0628 FROM PORTLAND ·(360) 887-0848 FAX 487 SOUTH 56TH PLACE · RIDGEFIELD, WA 98642 www.cascon 1 .COB COOPERATIVE PURCHASING AGREEMENT This interlocal agreement is entered into pursuant to chapter 39.34 RCW and other provisions of law, between Kitsap County Purchasing Office, hereinafter called "Kitsap County" and the following named public entities or political subdivision of the State of Washington: City of Bremerton, herein called tke '~Public Entity", hereby agree to cooperative governmental purchasing upon the following terms and conditions: 1) Kitsap County, in contracting for the purchase of goods and services for itself agrees to seek the same or similar terms for the Public Entity, where appropriate in Kitsap County's sole discretion, to the extent permitted by.law. (2) The method of financing or payment of purchases pursuant to this agreement shall be through budgeted funds or other available funds of the public enLity. Any services or goods procured by the Public EnEity under these contracts shall remain the exclusive property of or under control of said Public Entity. (3) Whenever Kitsap County has included in contracts with any vendor the authority for the purchase of goods and\or services by a Public Entity, the public entity ]nay pu'rchase on the same terms and conditions as Kitsap Counsy. Such purchase may be effected by a direct contract between the public entity and the vendor. Kitsap County accepts no responsibility for the performance or suitability of any good or service to be provided by the vendor; and Kitsap County accepts no responsibility for the payment of the purchase price by the public entity. (4) This agreement shall remain in force until canceled by either party in writing. (5) Each party reserves the right to contract independently for the acquisition of goods or services or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. Kitsap County and the public entity each reserve the right to exclude the other from any particular purchasing contract, with or without notice. (6) Each party shall be liable and responsible for the consequences of any negligent or wrongful act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation n6t a party to this agreement. The Public Entity agrees to defend, indemnify aand hold harmless the County, its' officers, agents or employees from any claims, costs and/or demands arising out of the Public Entities negligence in the performance of this Agreement, to the extent of Public Entities negligence. (7) Kitsap County will contract for the purchase of goods and services according to the laws and regulations governing purchases by and on behalf of Kitsap County. The Public Entity accepts responsibility for compliance with and any additional or varying laws and regulations governing -purchases by or on behalf the Public Entity in question. DATED this Day of 1998. ~q~-- "C' Clerk / -K City Attorney ATTEST: HOLLY ANDERSON CLERK OF THE BOARD -, ~ .~.,. ~ CONTRACT REVIEW SHEE. T ~. ~ENERAL .~NFORMATION '~ ':'"' .... CT!~-Z OF ~~N 1. contractor 2. Purpose ~~ ~P~ ~SJ~ ~ ~ 39.34 3. Contract Amount N/A ~ Receive''~ Disburse 4. Contract Term I~~ OR U~ ~JJ.~ BY ~ P~S3~ ~ ~T~. 3701 5. Contract A~inistratorB~L P~IN Phone Department Head ~' '1. Contract Control Number 2. Fund/Organization Name 3. Pa~ent from or Revenue to Organization/Account Number 4. Enc~bered by, Date, (No si~ature re~~-~f not grant funded. ) Reviewe~ ~/- ~~ Date 2. Cements: ;~' D. DEP~TMENT OF ~MINI~T~T~E, S~VICES - RISK ~AGER ...!-~'Appro~ ~ Notd~pprove ~. J~ 2. Co~ents: ~. Biaaing Required I ~~ ~ ~C, 39.34 I ~e,/Type o~._.. .' .S~atu~e 2. Public Works Project ~ Yes "T'~ N.O"' '. :' 3. County Resolutions Compliance ~"~es ~ ~'.~ No ~ N/A 4. ~ApDrove,/ ~ Not Approve " F. CERTIfiCaTION BY CONTRACT ADMINISTRATOR. THIS CONTI~CT IS RE~DY FOI~ CONSIDERATION BY .COUNTY CO~ISSIONERS. Contract Administrator " Date Date'-Approved by County Commissioners ,- ._ ~ ~" " / ~ i1~! ! NOTICE OF AWARD TO: ROBERT A, SCHULTZ CASCON TRANSPORTATION EQUIPMENT 487 SOUTH 56TM PLACE RIDGEFIELD, WA 98642 FORMAL BID 2002-125 TWO EACH HOOK LIFT LOADERS WITH ATTACHMENTS A8 LISTED; (2) STELLAR SHUTTLEMDL~I-12-~ HOOK UFT LOADER MECHANISM $t5,122.10 (2) BO88 9'2" MDL RTlll SNOW PLOWS $6,456.95 (2) HENDERSON SALT/SANDER SPREADER MDL 10' FSP $6,560.61 (2) CCFC FLATBEDS MOL FO010ZBOl0 $2,200.00 You are hereby notified that the K~tsap County Purcl~asing Office has acceptant your bicl for two (2) each Hook Lift Loaders with attachments as noted above. At a total bid pdce of ~65f472, gg, this price includes Wasl~ington State sales tax. Hook Lilt Loaders and Attachments are to be deli,~ered F.OB, to the Kitsap County Public Works South Shop, 2339 SE. Cedar Road, Port Orchard, WA 98366. Inclusive of, Formal Bid 2002-125, Specifications and response. Please return acknowledged copy of this Notioe of Award to Se Kltsap County Purchasing Office, 614 Division St. MS21, Port Orchard, WA 98386. Dated this_lB, day of April 2002. By: R'Lene J. Orr Till/: Purchasing Manager ACCEPTANCE OF AWARD Receipt of the above Notice of Award is hereby acknowledged by, Robert A. Schultz, Cascon Transportation Equipment, 487 South 56a Place, Ridgefietd, Washington. CA_aC_ON .TRANSPOI~TATION_ECJUIP M ENT This, the __/(b. day o! ~ ,2002. Title ~~~~l~.~ 7 AGENDA BILL 5EC-~P,& ~EO~[~ BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEAKING AND ORDINANCE FOR AGENDA: ,;.~L-5-0~AND 5-22-02 TO ADD CH. 1.06 TO THE BMC RELATING /L/O, ORIGINATING DEPT: City Attorney TO PUBLIC RECORD INDEXES AND c/~OO ORIGINATOR: Simon Stocker RECORDS REQUESTS UNDER THE PUBLIC DATE SUBMITTED: DISCLOSURE ACT 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: oPa.N^NC aYo. q s K~THLEEN MCCLUSKEY City Clerk .......... y ~ ~ ~._..e-~ ~-, .... ~R~, ~TBOVICH, City Alt~ey FIS% AL~B~D GE%._~__ CHA~AN ~ ~ ~~r-- / ~PROVED FOR S~MITTAL: oPa tfoffs co c,L E~OR~~ATION ~ naYO : 4. SUMMARY STATEMENT AND ~QUI~MENT FOR COUNCIL ACTION: The City is cu~ently out of compliance with RCW 42.17.260 (3). The statute requires the City to keep an index of all of the City's public documents. Compl~ng with this requirement would require the City to expend an exorbit~t mount of staff time, perhaps even requihng the City to hire additional staff. The City can issue ~ order, pursuit to RCW 42.17.260(4), declmng the requirement to maintain the index too burdensome. It is recommended that the City Council approve the attached order declahng compliance with RCW 42.17.260(3) to be overly burdensome ~d requiring the City to make available for inspection ancot coping all non-exempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Ch. 42.17 RCW. 8. RECOMMENDATION: -Mm"eq'~, ~vc ~t.~ attachod '-'~": ......... Move to pass Ordinance No. ~ on the second reading. 9. ~SPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIO: Roger A. Lubovich EXPIATION DATE: ~VIEW DATE: 10. NOTICE OF ACTION: El 0~ PULLED ~ TABLED ~ APPROVED ~ DISAPPROVED ~ AMEND COUNCIL DI~CTIVE: 11. AGENDA BILL NO.: ~~7 5. IMPACT OF NON-PASSAGE: If the City Council fails to pass the ordinance, the City will be required to expend resources to create and maintain an index of all of the City's public records. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing, budgets, facilities, and other resources would all be negatively impacted by the amount of time, and resources that would be expended in creating and maintaining the index required by RCW 47.17.260(3). 7. RESEARCH SOURCES: AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting a formal order, pursuant to RCW 42.17.260(4)(a), and adding a new chapter, Chapter 1.06 to the Bremerton Municipal Code, declaring that the maintenance of a current index of public records to be unduly burdensome and directing that any indexes maintained for internal City use be made available for public inspection and copying, unless otherwise exempt pursuant to applicable law. WHEREAS, Ch. 42.17 RCW requires all cities and public agencies to maintain and make available a current index of public records; and WHEREAS, RCW 42.17.260(4)(a) provides that if maintaining such an index would be unduly burdensome or would interfere with agency operations, a city must issue and publish a formal order specifying the reasons why and to the extent to which compliance would be unduly burdensome; and WHEREAS, RCW 42.17.260(4)(b) further provides that in spite of such an order, any index that is maintained by the city must be made available for public inspection and/or copying; and WHEREAS, the City of Bremerton is a municipal corporation of the State of Washington which provides general municipal and utility services to its residents and others; and WHEREAS, the magnitude and diversity of seven City departments with an even greater number of divisions/subdivisions, has resulted in the creation and use of many different computer systems, programs and information retaining systems which would be extremely difficult, if not physically impossible, to compile a single index; and Public Disclosure htdex WHEREAS, the City's operations do not allow for the addition, revision, or reassignment of duties of existing personnel so that a current index may be developed and maintained; and WHEREAS, anticipated City revenues do not allow for additional staff for the sole purpose of creating and maintaining such a current index; and WHEREAS, the City has a longstanding and recognized policy of assisting people who request public information and of providing public records upon request and does not plan to deviate from that policy; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 1.06, entitled "Public Records Indexes and Records Requests Under the Public Disclosure Act," is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 1.06 PUBLIC RECORDS INDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT 1.06.010. Findings. (a) Ch. 42.17 RCW requires all cities and public agencies to maintain and make available a current index of all public records. (b) RCW 42.17.260(4)(a) provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operation, a city need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome. (c) The City of Bremerton is comprised of seven departments, their divisions and subdivisions, which maintain separate databases and/or record keeping systems for the indexing of records and information. Public Disclosure htdex (d) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records. (e) The City of Bremerton will make available for inspection and/or copying all non- exempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Ch. 42.17 RCW. 1.06.020. Order regarding Public Records Index. Based upon the findings set forth in BMC 1.06.010, and pursuant to RCW 42.17.260(4)(a), the City Council orders the following: (a) The City of Bremerton is not required to maintain a current index of public records due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain; and (b) Pursuant to Ch. 42.17 RCW, the City of Bremerton shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the City to the extent not exempt from inspection and/or copying pursuant to RCW 42.17.310 or other applicable law. SECTION 2. - Severabilitv. If any one or more section, 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. - E_ffective Date. This ordinance shall take effect and be in force thirty (30) days after passage as provided by law. APPROVED by the City Council the day of ., 2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President 3 _ .~ Public Disclosure Index Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2002 EFFECTIVE the day of ,2002 ORDINANCE NO. R:\LEGAL\Ordinances~PublicDisclndex-Exemption.doc Public Disclosure Index -- AGENDA BILL ff~G~ ff-~/~EMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING AND ORDINANCE FOR AGENDA: 5'~I-grr~AND 5-22-02 AM~ ORDINANCE NO. 4798 TO MAKE A~o~ ORIGINATING DEPT: City Attorney TECHNICAL AND TYPOGRAPHICAL CORRECTIONS -- ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: 2. CLEARANCES; (Comment onback if necessary) 3. EXHIBITS: ._~C, HR~ HUGO, Comn~nity Development ROG ;R A.~L~BOVICH, City Attorney ~-~-~ ~ ~'~ /~x"~'---~ .... "'~~ ~PROVED FOR S~MITTAL: FI~ ~~D~ET CHA~AN ~; -x~.~/ 1 CO~CIL P~S~ENT ~~ /g~ OPE~TIONS CHA~AN E~ORSE~ ~ION ~ MAYOR ~~ ) 4. SUMMARY STATEMENT ~D ~QUI~MENT FOR COUNCIL ACTION: On April 24, 2002, the City Council passed Ordin~ce No. 4798 amending and updating the Administrative Heating Examiner process contained within the Breme~on Municipal Code. Minor tec~ical and t~o~aphical co~ections are required to Ordinance No. 4798. The attached ordinance m~es the necessary technical and t~o~aphical co~ections. 8. ~COMMENDATION: ~ approve the attached Ordin~ce on [he fi~k~~ Move to pass Ordinance No. ~O ~ on the second reading. 9. ~SPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIATION DATE: ~VIEW DATE: oF COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 02- 0~ IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: DRAFT 5/6/2002 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Bremerton Municipal Code Sections 21.02.850, 21.02.860, and 21.02945(c)(2) as amended by Ordinance 4798 to make technical and typographical corrections. WHEREAS, Ordinance No. 4798 made voluminous changes to various chapters of the Bremerton Municipal Code as they relate to Administrative Hearing Examiners; and WHEREAS, the City Council desires to make technical and typographical corrections to Sections 21.02.850, 21.02.860, and 21.02945(c)(2) as they were amended by Ordinance No. 4798; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 32 of Ordinance No. 4798 is hereby amended to read as follows: SECTION 32. Bremerton Municipal Code Section 21.02.850 is hereby repealed in its entirety and there is hereby created a new section 21.02.850 of the Bremerton Municipal Code relating to Type III land use applications, to read as follows: 21.02.850 Type III Administrative Hearing Examiner Decisions. (a) Actions: The following actions may be approved, approved with conditions, or denied, or remanded by the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC following an open record public hearing, unless noted otherwise. (1) Final Subdivision Plat. (2) Variance. (3) Non-administrative Special Use Permit. (eb) Decision Format: Type [II decisions shall be made in writing supported by findings of fact and conclusions of law. ! Ordinance 4 798 Corrections DRAFT 5/6/2002 (iCc) Final Decision: Type III decisions are made by the Administrative Hearing Examiner and are final when issued for purposes of appeal. (gd) Appeal: Type III decisions may be appealed to Superior Court within the twenty-one (21) calendar days following the date of issuance of the decision. SECTION2. Section 34 of Ordinance No. 4798 is hereby amended to read as follows: SECTION 34. Bremerton Municipal Code Section 21.02.860 relating to shoreline permits is hereby recodified as 21.04.!00 110 BMC and is further amended to read as follows: Section 21.04.!0~110 Shoreline Decisions. (a) Actions: The following are subject to the requirements of Bremerton's Shoreline Master Program but shall be decided within 120 days. Recommendations and hearings shall be conducted as described in the "Permit Processing" table that follows. (1) Shoreline Substantial Development Permit (2) Shoreline Conditional Use Permit (3) Shoreline Variance (4) Shoreline Permit Revisions (5) Shoreline Master Program Amendments (b) Decision Format: Completion of a prepared form or statement of findings, conclusions and the decision of the approving body. Adoption of and amendments to the Shoreline Master Program shall be made by ordinance. (c) Final Decisions: (1) Substantial Development Permits and amendments to existing permits are decided administratively, in the same manner as other Type II permits. (2) Conditional Use Permits and Variances are decided by the Pla"ming C,~mmissionAdministrative Hearing Examiner and may be approved, rejected, or modified by the Department of Ecology. A neighborhood meeting or study session is optional. (3) Ali Shoreline Permit decisions must be submitted simultaneously to the applicant, the Department of Ecology (DOE), and to the attorney general. DOE may approve or disapprove the permit. Ordinance 4 798 Corrections DRAFT 5/6/2002 (4) Shoreline Master Program Amendments are decided by the City Council and may be approved, rejected, or modified by the Department of Ecology. (d) Appeals: An appeal of the local shoreline permit decision may be filed with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC as provided herein, with a second appeal to the Shoreline Hearings Board (SHB), or may be filed directly with the SHB. (1) Decisions on Substantial Development Permits may be appealed to the Administrative Heating Examiner within fourteen (14) calendar days of the date of the decision, and considered in an open record appeal hearing, or (2) Those decisions listed in (d)(1) above or the Administrative Heating Examiner decisions on appeals of earlier decisions, may be appealed to the Shoreline Hearings Board by filing a Petition for Review within twenty-one (21) calendar days of the date of the Department of Ecology's review and decision. (3) The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Heating Board per RCW 36.70A.250 through 320. (4) Appeals to the hearing examiner shall be decided within (30) thirty calendar days of the filing date. Appeals to the Shoreline Heatings Board will be decided within 180 calendar days. SECTION 3. Section 55 of Ordinance No. 4798 is hereby amended to read as follows: SECTION 55. Bremerton Municipal Code Section 21.02.945(c)(2) relating to violations of the Zoning Code is amended to read as follows: (2) An order shall be obeyed immediately, notwithstanding the filing of an appeal to hearing examiner pursuant to Chapter 2.13 BMC, which must be filed within fourteen (14) calendar days following posting of the cease and desist order or as otherwise stated in the order. SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not Ordinance 4 798 Corrections DRAFT 5/6/2002 affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2002 PASSED by the City Council the 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 day of ,2002 EFFECTIVE the day of ,2002 ORDINANCE NO. R:\LEGAL\Ordinances'xHearing Examiner Ordinance technical corrections.doc 4 / ~ Ordinance 4 798 Corrections AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING AND FOR AGENDA: May 22, 2002 and May 29, 2002 ORDINANCE AMENDING CH. 2.04 OF THE ORIGINATING DEPT: Legal BMC RELATING TO THE CITY COUNCIL ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: May 13, 2002 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ~ .<7'T'~ " ORDINANCE '~6~G~EP, A. Li~I~OVICH, City Atto~ FI / ~PROVED FOR S~MITTAL: CO C L 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An ordinance amending Chapter 2.04 of the Bremerton Municipal Code relating to City Council meetings and publication of council salary schedules. The proposed ordinance would allow the City Council to utilize different formats for conducting its regular meetings rather than the agenda format set forth in Chapter 2.04. It would also remove language relative to the publication of salary schedules established by the Salary Commission. 8. RECOMMENDATION: Move to approve the attached ordinance on first reading. Move to pass Ordinance No. __ on the second reading. 9. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: D/~ C PULLED [~ TABLED [~ APPROVED [--] DISAPPROVED [] AMEN D COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of' the City of' Bremerton, Washington, amending Chapter 2.04 of' the Bremerton Municipal Code relating to the City Council by amending provisions of said chapter regarding City Council meetings and the publication of' council salary schedules. WHEREAS, the current provisions of Chapter 2.04 of the Bremerton Municipal Code relating to the City Council provide for the conduct, time, and place of City Council regular and special meetings and for council salary schedules; and WHEREAS, the City Council desires to update the provisions relating to City Council meetings in order to provide for conducting business meetings and study sessions and to amend the provisions relating to publication of salary schedules established by the Bremerton Citizen's Commission on Council Salaries; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.04 of the Bremerton Municipal Code entitled "City Council" is hereby amended to read as follows: Chapter 2.04 CITY COUNCIL 2.04.010 TIME AND PLACE. The time and place of the regular meeting of the City Council required by Charter shall be each Wednesday at five-thirty p.m. at the Council Chambers or City Council Office, City Hall, Bremerton, Washington. Provided, however, if such meeting day falls upon a legal holiday upon +*' ..... day *"~ ~;+~' .... .4 ............ , ~,~;^. :~ ,~,~ ............ .~ ~..~ majo~ty of'the Council, then pursuant to the Charter, such regular meeting shall may be rescheduled during the same week following the procedures for setting a special meeting as set forth in section 2.04.020 below, except that public notice must be given one week in advance of the meeting. City Council A regularly scheduled City Council meeting shall consist cf may consist of a business meetin~ and/or study session or any other format as established by the city council. Notices of agendas of all regular meetings shall be posted at City Hall and delivered to the local television station and local newspaper of general circulation by mail, facsimile or other similar means. Business meetings, when held, shall consist of: 1. Call to Order (Flag Salute and Invocation) 2. Consent Agenda 3. Claims/Vouchers/Warrants 4. Council Members Report 5. Mayor's Report 6. Legislative Report 7. Public Recognition 8. Final Reading of Ordinances and vote thereon 9. Introduction and First Reading of Ordinances 10. Reading and vote upon Resolutions 11. Public Hearings and Appeals Items 8 through 11 may be omitted if there are not scheduled items for that section. 2.04.020 DAY 2~ND SPECIAL MEETINGS. Day,.,,,,,,,,~,~~==*:--~ and Pursuant to RCW 42.30.080, special meetings of the city council sb.a!! may be held= in the Council Ch~mbers after public notice has been given, at a time and place as specified in the notice of meeting by notifying press, radio, and television in thc 2.04.030 PRECOUNCIL SESSION. The city council shall meet at 5:00 p.m. on the same day, immediately prior to the re ar wee council meetings ~+ ................................ for a precouncil session to discuss the agenda for such regular meeting and/or other administrative matters. 2.04.040 COUNCIL MEMBER SALARY SCHEDULE. Council member salary schedules shall be established and filed with the city clerk by the Bremerton Citizen's Commission on Council Salaries pursuant to the Charter. ~ .......s ....... 3 ..................................... : ........................... a salary City Council SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. E[£ective 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 day of ,2002 PASSED by the City Council the 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 day of ,2002 EFFECTIVE the day of ,2002 ORDINANCE NO. RSLEGAL',Ordinances\City Council Ordinance2.doc 3 ~),[~ Ci~ Council