HomeMy WebLinkAbout01/03/01 AGENDA CITY COUNCIL MEETING AGENDA
JANUARY 3, 2001
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. OFFICER ELECTIONS
4. CONSENT AGENDA
A. Minutes of Meeting - December 2, 2000 (#AB01-001)
B. Minutes of Meeting - December 6, 2000 (#AB01-002)
C. Minutes of Meeting - December 13, 2000 (#AB01-003)
D. Minutes of Meeting - December 20, 2000 (#AB01-004)
E. Minutes of Meeting - December 27, 2000 (#AB01-005)
5. CLAIMS/CHECK REGISTERS
COUNCIL MEMBER REPORTS
7. MAYOR'S REPORT
8. LEGISLATIVE REPORT
9. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
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,,,,,,,,,, ,.,,,~,,, Proje~;[ (#AS01-G00)
11. ORDINANCES
A. Ordinance No. 4748 (Second Reading) Providing that all Violations not otherwise ~...~
designated in the BMC shall constitute a Misdemeanor (#AB00-297)
B. Ordinance No. 4749 (Second Reading) Revising Chapter 2.49 of the BMC, Providing for
City Council Membership on Interview Panels for Certain Employees (#AB00-298) I1
12. ADJOURNMENT OF MEETING
IMMEDIA TEL Y FOLLOWING THE COUNCIL MEETING THERE WILL BE A 45-MINUTE STUDY
SESSION TO DISCUSS "CITY ATTORNEY ORDINANCE AMENDMENT AND SPECIAL COUNSEL
ORDINANCE"
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE i;'
Nominees:
[]
Signed'
WAYNI~'OLSEI~, DISTRICT 1
CITY C(}UNCIL
PRESIDENT/MAY®R PR(} TEMPORE
Nominees:
//~~- [ ]
[]
Signed:
vCEcIL~C~6~N'~L~/', DISTRICT 2
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees:
[]
Signed~ ~
//,,,.iI~)H-N· LAW, DISTRICT 3
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees:
[ ]
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees:
~,,,-~ [1
[]
Signed'
MIKE ~EF~~'I~, DISTRICT 5
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees' x_~
ne~d:
DAVID FARR, DISTRICT t5
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees:
Signed:
CAROL ARENDS, DISTRICT 7
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees:
[ ]
Signed:
CONRAD ESSER, DISTRICT 8
CITY COUNCIL
PRESIDENT/MAYOR PRO TEMPORE
Nominees'
[ ]
Signed'
~EED, DISTRICT 9
CITY COUNCIL
VICE-PRESIDENT
Nominees:
c_~.~ [ ]
[]
Signed:
WAYNE OLSEN,/'DISTRICT 1
CITY COUNCIL
VICE-PRESIDENT
Nominees:
~ []
Signed:
~RICT 2
CITY COUNCIL
VICE-PRESIDENT
Nominees:
[]
Signe~:
LAW, DISTRICT 3
CITY COUNCIL
VICE PRESIDENT
Nominees:
[ ]
ED ROLLMAN, DISTRICT 4
CITY COUNCIL
VICE-PRESIDENT
Nominees:
~.~;1 [1
[]
Signed'
MIKE SHEPHERD, DISTRICT 5
CITY COUNCIL
VICE-PRESIDENT
[]
DAW~ID FARR, DISTRIC~T 6
CITY COUNCIL
VICE-PRESIDENT
Nominees:
Signed:
CAROL ARENDS, DISIRIC'I' 7
CITY COUNCIL
VICE PRESIDENT
Nominees:
[ ]
Signed:
CONRAD ESSER, DISTRICT 8
CITY COUNCIL
VICE-PRESIDENT
Nominees'
[]
Signed'
;JIM REED, DISTRICT 9
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: JANUARY 3, 2001
ORIGINATING DEPT: C I TY COUNC I L
MINUTES OF MEETING -- DECEMBER 2, 2000 ORIGINATOR: CAROL ARENBS, PRES I BENT
DATE SUBMITTED: DECEMBER 27, 2000
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR: COUNCIL PRESIDENT: ~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED ~ AMEJED __~[__
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 01-- 0~1
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (centinued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1737 UNAPPROVED DRAFT
SPECIAL-MEETING MINUTES
Saturday, December 2, 2000
The Special Meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Saturday, December 2, 2000, at 11:00
A.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne
Olsen. Also present were Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell.
President Arends provided a brief introduction, stating this Special Meeting was called to discuss
"Legal Services" as a result of the current issue facing the Council and the City. It was explained that
this meeting was meant to be a "working session" for the Council, but due to the number of citizens in
attendance, the meeting wo'uld be held here in the Council Chambers, rather than the Conference
room. However, there would not be an opportunity for questions or comments from the public.
It was further pointed out that the purpose of the Agend~)/~'il~s~d'at the regular Council Meeting
on Wednesday, November 29, 2000 to "Retain the Current Cit_v Attor_n,,e_y as S.~)ecial Counsel tO the
City Council in the event of a Purported Se~)aration froM Employment was to simply provide
continuity in running the affairs o~ the City ~ntil this issue was settled. It was also explained that on
Friday afternoon, Ms. Malanca's personal items were~removed by the Mayor from the City Attorney's
office, and placed in the City Council Conference Room. Decisions regarding what steps to take
must now be made, as well as discussions on the possibility of mediation and outside legal counsel.
Glenna Malanca reported on her position and answered questions from members of the Council.
Jim Reed referred to Article III of the Bremerton City Charter, which he felt clearly gave the City
Council the authority to use property within the City which would include office space. He pointed out
that action needs to be taken to restore office space for attorney use and to fulfill duties as required
by the position.
Ed Rollman clarified that the City Council has no "vendetta", but is merely trying to retain quality legal
service.
Conrad Esser asked questions regarding mediation. An offer for mediation was proposed to the
Mayor last Monday, but she declined. The Mayor then offered dates she was available for
mediation, but these dates were not workable for Glenna. Glenna then offered Wednesday and
Thursday as possibilities, but heard that the mediator was not available on those days. Conrad
referred to the job advertisement for a City Attorney, which lists 10 years experience required, with 5
years of municipal government experience. He asked if David St. Pierre had this experience, and it
was clarified that he had only approximately 2-years of experience.
Cecil McConnell discussed section 21 of the Bremerton City Charter which states that the Mayor
has the authority over City employees EXCEPT Internal Auditor, City Attorney, City Council, and City
Council staff.
Mike Shepherd clarified that Council has set legislative policy on November 29, which was violated,
and the City Charter was violated. Several current, major lawsuits were noted, and that the
appointed City Attorney was not qualified to handle them. It was also noted that this whole issue
began due to the workload of the Legal Department. It was pointed out that there were two issues to
TAPE #1737
City Council Special-Meeting Minutes
December 2, 2000
Page 2 of 2
deal with, legislative and legal. It was questioned how much Legislative action could take place
without a City Attorney. Mr. Reed addressed the issue of Council obtaining "outside legal services"
and clarified that the Council already has a City Attorney.
The Council has requested that the computer and hard drive used by the City Attorney be returned,
as well as her personal items, and that she be allowed to return to the City Attorney office to allow the
continuation of City business.
Council President Arend$ discussed the formation of a committee consisting of Wayne Olsen and
herself, and perhaps one additional person to work with the Seattle attorney to clarify issues
discussed, and also utilizing his assistance to gain control of the property of Ms. Malanca.
Mr. Olsen and Mr. Law discussed the obligation of the Council to follow the City Charter and to do
what is best for the financial aspect of this City. The public was encouraged to read the City Charter,
which were available in the City Clerk's office. It was suggested that this issue may require the use of
a judge to make a final decision on the matter.
With no further business, meeting concluded at 12:00 Noon. The Council then adjourned to the
Council Conference Room for a 60-minute Executive Session to discuss "Potential Litio_ation" per
R.C.W. Chapter 42.30.110 (1) (i).
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/P J/Islcge
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
JANUARY 3, 2001
1. SUBJECT: FOR AGENDA OF:
ORIGINATING DEPT: C I TY COUNC I L
MINUTES OF MEETING -- DECEHBER 6 2000 ORIGINATOR: CAROL ARENDS. PRES I DENT
' DATE SUBMITTED: DECEHBE~, 27, 2000
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED AME~~
COUNCIL DIRECTIVE: DATE:~__
11. AGENDA BILL NO: Or-- 00~
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPES #1738 & #1739 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
December 6, 2000
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, December 6, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council
member David Farr was absent. Also present were Deputy City Clerk Paula Johnston; and
Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed
by the invocation given by Chaplain Conrad Dodd of Kitsap Lake Baptist Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business;
(2) Item 9B was added under "New Business" to "Ap.~rove Contract for Employment of Special
Counsel to the City Council .~ursuant to Section 25 of the City Charter, and Attendant Budget
Ad_iustment Organization Chart";
(3) Items 11C and 11D will be heard immediately after "New Business"; and
(4) City Council will adjourn to the Council Conference immediately following the regular Council
Meeting for their Monthly Study Session.
CONSENT AGENDA
A. Minutes of Meeting - November 15, 2000 (#AB00-269)
B. Minutes of Meeting - November 21, 2000 (#AB00-270)
#0050 M/S/C/U (McConnell/Law) 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.
#0085 M/S/C/U (Law/McConnell) On December 6, 2000, the Council does approve for payment those
vouchers included and further described as follows: 247302, 247304 through 2478479, and EFT 6244
in the amount of $282,321.19; and Retiree Payroll for the period ending November 30, 2000 in the
amount of $114,460.93.
COUNCIL MEMBER REPORTS
President Arends announced that Special Counsel Glenna Malanca would not be in attendance
tonight due to a previous commitment; and David Farr would not be in attendance due to an illness.
Jim Reed offered condolences from the entire Council to the family after the tragic loss of their two
teenage daughters in a house fire over the weekend.
Mike Shepherd reported on a number of issues including the Smart Growth workshop held last
week, and the City's Budget.
-7
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 2 of 7
Ed Rollman reported on the arrival of Santa and Mrs. Clause last Friday, and thanked the organizers
of the event. He also offered his condolences to Mike Smith and his family at the loss of his
daughters, and thanked the Police and Fire personnel for all their efforts.
John Law also attended the arrival of Santa & Mrs. Clause, and thanked the band.
MAYOR'S REPORT - There was no report this evening.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Lauralee Hanson discussed the conflict of the two events scheduled at City Hall and the City Hall
Gazebo on the same day, and was concerned that Santa would be handing out candy canes right
down the street from the Aids Vigil where condoms would be handed out.
Gordy Byrd thanked the Bremerton High School students and all others involved in the special
people cruise at the Bremerton Yacht Club this past weekend.
Larry Dickerson asked the Council to rethink the "SOAP" Ordinance passed earlier this year.
E.L. Sturdivant provided his comments regarding the "lack of faith and trust" between the Council,
Mayor, and City Attorney, and believes they all need to work together.
Paul Drnjevic referred to a Memorandum of Understanding signed by the Mayor and a developer in
September, and was concerned that the Council was not aware of it.
John Becker also provided his opinion on the direction that the City Council and Mayor need to take.
9A - MONITORING & MAINTENANCE OF ALARM AND FIRE SUPPRESSION EQUIPMENT
.(#AB00-271): Bill Eley, Purchasing Director, stated that 2 bids were received and the lowest
responsive bidder was Fire One, Inc. The proposal is for a 2-year contract and staff recommends
that an option be included to allow for contract renewal for an additional 2 years, which would
incorporate a cost-of-living adjustment into the charges for the optional renewal.
There were no comments from the public.
#1075 M/S/C/U (Law/Rollman) Move to accept the proposal by Fire One, Inc. being the Iow
responsive bid as per the attached evaluation form and enter into a 2-year contract with an option to
renew, at the City's discretion, for a further 2-year period.
9B - APPROVE CONTRACT FOR EMPLOYMENT OF SPECIAL COUNSEL TO THE CITY
COUNCIL PURSUANT TO SECTION 2~i OF THE CITY CHARTER. AND A'I-rENDANT BUDGET
ADJUSTMENT ORGANIZATION CHART
Council Member Conrad Esser originated the item and added that the Council is considering the
curative employment of the current City Attorney as Special Counsel under City Charter Section 25
due to a difference of legal positions between the Mayor and the City Council regarding the Council's
acceptance of Ms. Malanca's withdrawal of her November 1 resignation. While the City Council
maintains that Ms. Malanca remains employed as City Attorney, this action and contract are
considered preventative measures. No budget adjustment is immediately necessary, and this
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 3 of 7
position will be considered concurrently with the 2001-2002 Budget, and incorporated therein.
There were no comments from the public.
#1315 M/S/C (Shepherd/Reed) Move to approve the proposed contract employing Glenna Malanca
as Special Counsel to the City Council as a preventative measure until her status as City Attorney
can be legally established. The office space, support staff, parking arrangements, and all other terms
and conditions of employment shall be directed by Council. Special Counsel shall work under the
direction of the City Council. Council President shall assign such work and duties as directed by the
majority of the City Council.
Voted in favor of this motion: Rollman, Shepherd, Esser, Reed, Olsen, McConnell, and Law
Voted opposed to this motion: Arends
Motion carried: 7-Yes; l oNo.
11C - PUBLIC HEARING AND ORDINANCE NO. 4739 (SECOND READING) REGARDING
ANNEXATION OF THE REAL PROPERTY DESCRIBED WITHIN THE ADOPTED PORT BLAKI~LY
SUB-AREA PLAN (#AB00-266): The first reading for this ordinance was heard on November 29,
2000.
John Freeburn asked that more time be allowed for studies on private funding.
Mr. McConnell asked if there was a legal opinion on the December 5, 2000 letter from the
Suquamish Tribe regarding the Draft Initial Development Agreement between the City of Bremerton
and Port Blakely. Di~vid St. Pierre, the Assistant City Attorney, stated that the letter was misleading.
Mr, Shepherd asked for an explanation on "vesting". Mr. St. Pierre responded that the Court will
determine in there is "vesting", the Council is merely "adopting" the Plan. Mr. Esser asked if a
rebuttal has been provided to the Tribe in response to the November 14 letter. Warren Olsen,
project consultant, stated that a lengthy discussion has taken place on a collaborative basis.
#1912 M/S/C/U (Shepherd/Reed) Move to pass Ordinance No. 4739 on second reading, annexing
440 acres of real property commonly known as the Port Blakely Sub-Area, pursuant to the direct
petition method set forth in R.C.W. Chapter 35.13, describing the boundaries thereof; requiring said
properties to be assessed and taxed at the same rate and basis as the other property within the City;
and fixing the effective date of said annexation.
11D - PUBLIC HEARING AND ORDINANCE NO. 4740 (SECOND READING) REGARDING
ADOPTION OF INITIAL DEVELOPMENT AGREEMENT FOR THE PROPERTY COMMONLY
KNOWN AS THE PORT BLAKELY SUB-AREA PLAN. WHICH ESTABLISHES A MIXED USE
DISTRICT (MXD) ZONING CLASSIFICATION FOR THE PROPERTY UPON ANNEXATION
(#AB00-267): The first reading for this ordinance was heard on November 29, 2000.
There were no comments from the public.
#2022 M/S/C/U (Reed/McConnell) Move to pass Ordinance No. 4740 on second reading, zoning the
site commonly known as the Port Blakely property upon annexation as authorized by the City's
Comprehensive Plan by Ordinance No. 4722; applying the "Mixed Use District" (MXD) zone
classification for the site as established by Ordinance No. 4723; and adopting an Initial Development
Agreement as part of the site specific zoning.
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 4 of 7
10A - RESOLUTION NO. 2783 AUTHORIZING AN INTER-FUND LOAN FROM THE EQUIPMENT
RENTAL FUND TO THE PARK DEVELOPMENT FUND AND REPEALING RESOLUTION NO..2743
(#AB00-272): Rich Hanna, City Treasurer added that the proposed resolution will replace a portion of
the funding for installation of lighting at Pendergast Regional Park. The funding was to be derived
from future Lodging Tax Revenues, but by resolution, would be provided from future revenues from
the Park Development Fund.
There were no comments from the public.
#2122 M/S/C (Esser/McConnell) Move to approve Resolution No. 2783 authorizing the inter-fund loan
from the Equipment Rental Fund to the Park Development Fund.
Voted in favor of this motion: Reed, McConnell, Law, Rollman, Esser, and Arends
Abstained: Olsen
Motion carried: 6-Yes; and 1-Abstention.
Mike Shepherd stepped out of the meeting at approx. 6:35 P.M. and was not available for this vote.
10B - RESOLUTION NO. 2784 RE-AUTHORIZING AN INTER-FUND LOAN FROM THE WATER
FUND TO THE WASTEWATER FUND (#AB00-273): Rich Hanna, Public Works and Utilities
Director, mentioned that the proposed resolution will provide continuing legal authority for a portion of
the existing inter-fund loan until the Wastewater Utility is able to complete its repayment. Without this
loan the fund will frequently operate in a deficit position.
There were no comments from the public.
#2202 M/S/C (Reed/Law) Move to approve Resolution No. 2784 re-authorizing the inter-fund loan
from the Water Fund to the Wastewater Fund.
Voted in favor of motion: Law, Rollman, Esser, Reed, and Arends
Abstained: Olsen, McConnell
Motion carried: 5-Yes; and 2-Abstentions.
Mike Shepherd was not available for this vote; he returned to the meeting at approx. 6:40 P.M.
11A - PUBLIC HEARING AND ORDINANCE NO. 4737 (SECOND READING! REDUCING
MAYOR'S SPENDING AUTHORITY (#AB00-264): The first reading for this ordinance was read on
November 29, 2000.
Lauralee Hanson, John Becker, Ro_v Mclnnis, Paul Drnjevic and Charlie Brown provided their
comments on this issue. Rich Hanna, City Treasurer, stated that each individual manager is
responsible for their budget and the spending authority.
Mr. Hanna addressed the approximate number of Professional Services Agreement that would come
before the Council; and the difference between Professional Services (such as consultants and those
who would need a license) and a Purchase Service.
#2550 M/S/C (Reed/McConne~l) Move to pass Ordinance No. 4737 on second reading, amending
Chapter 2.76 of the Bremerton Municipal Code and updating the City's purchasing procedures.
Voted in favor of this Motion: McConnell, Law, Rollman, Shepherd, Esser, Reed, Arends
Abstained: Olsen
i0
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 5 of 7
Main Motion carried: 7-Yes; and 1-Abstention
TAPE #1739
11B - PUBLIC HEARING AND ORDINANCE NO. 4738 (SECOND READING) VACATING A
PORTION OF "O" STREET (#AB00-265): Jeff Shea, Senior Engineer, reiterated that a petition was
provided by Dale & Donna Dahl to vacate a portion of "O" Street from Oyster Bay Avenue to 279-feet
east. The vacation is being requested by the abutting property owners to improve the property for
development, and specific items for City Council consideration are outlined in the Staff Report.
Visuals were shown, and it was additionally pointed out that the property owner, Mr. Lachlan_. Murlro,
provided a written letter stating that he did not have any objections with this vacation of the right-of-
way. The first reading for this ordinance was held on November 29, 2000.
There were no comments from the public.
#0025 M/S/C/U (McConnell/Rollman) Move to pass Ordinance No. 4738 on second reading, vacating
a portion of "O" Street, from Oyster Bay Avenue to 279 feet East.
Mr. Olsen stepped out of the meeting at approximately 7:01 P.M. and was not available for this vote.
Mr. Shepherd stepped out of the meeting at approximately 7:02 P.M. and was not available for this
vote. He did not return to the meeting.
11E - PUBLIC HEARING AND ORDINANCE (FIRST READING) REPEALING CHAPTER 3,29 OF
THE MUNICIPAL CODE RELATING TO THE EMPLOYEE MEDICAL INSURANCE RESERVE
FUND (#AB00-274)
Rich Hanna, City Treasurer, stated that if approved, the proposed ordinance will eliminate the
Employee Medical Insurance Reserve Fund. The assets of this fund will be depleted at the end of
Fiscal Year 2000, and there will be no continued need for this fund.
There were no comments from the public.
#0065 M/S/C/U (McConnell/Reed) Move to approve on first reading the ordinance repealing
Bremerton Municipal Code Chapter 3.29.
11F - PUBLIC HEARING AND ORDINANCE (.FIRST READING) AMENDING CHAPTER 3.26 OF
THE MUNICIPAL CODE RELATING TO THE GIFT AND DONATION FUND (#AB00-275)
Rich Hanna, City Treasurer, added that the proposed ordinance will correct a technical error in the
ordinance which created the Gift and Donation Fund. This ordinance will eliminate the fund type
designation of the fund but will have no effect on its use by City Departments.
There were no comments from the public.
#0109 M/S/C/U (Reed/McConnell) Move to approve on first reading the ordinance amending BMC
Chapter 3.26.
Mr. Olsen was not available for this vote.
11G - PUBLIC HEARING AND ORDINANCE (FIRST READING) REPEALING CHAPTER 3.22 AND
3.23 OF THE MUNICIPAL CODE RELATING TO THE PARKS AND RECREATION FACILITY
I(
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 6 of 7
DEVELOPMENT FUND AND ROOSEVELT CAPITAL ASSETS FUND (#AB00-276)
Rich Hanna, City Treasurer, said that the proposed ordinance would eliminate the Parks and
Recreation Facility Development Fund and the Roosevelt Capital Assets Fund. An additional
ordinance would create a new combined fund.
There were no comments from the public.
Mr. O/sen returned to the meeting at approx. 7:07 P.M. and was available for the following vote.
#0165 M/S/C/U (Rollman/Reed) Move to approve on first reading the ordinance repealing Bremerton
Municipal Code Chapter 3.22 and 3.23.
11H - PUBLIC HEARING AND ORDINANCE (FIRST READING) ESTABLISHING THE PARK
DEVELOPMENT FUND (#AB00-277) Rich Hanna, City Treasurer, reiterated that the ordinance
would set up a fund which is intended to replace both the Park and Recreation Facility Development
Fund and the Roosevelt Capital Assets Fund.
There were no comments from the public.
#0204 M/S/C/U (Law/Reed) Move to approve on first reading the ordinance creating the Park
Development Fund.
11]: - PUBLIC HEARING AND ORDINANCE {FIRST READING) REDUCING THE B & 0 TAX ON
GARBAGE AND REFUSE BUSINESS (#AB00-278) Rich Hanna, City Treasurer, stated the intent of
the ordinance is to reduce the tax rate by one percent each year until the rate is reduced to six
percent.
There were no comments from the public.
#0245 M/S/C/U (McConnell/Reed) Move to approve the ordinance on first reading reducing B & O tax
on garbage and refuse business.
11J - PUBLIC HEARING AND ORDINANCE {FIRST READING) AMENDING MUNICIPAL CODE
15.06 SETTING UTILITY ASSESSMENTS. FEES, AND CHARGES EFFECTIVE JANUARY 1, 2002
(#AB00-279) Rich Hanna, City Treasurer, mentioned that the proposed ordinance would allow for
adjustments to utility assessments, fees and charges in order to compensate for the effects of
inflation. These adjustments are necessary so the Utilities are able to meet the costs of operations
and maintenance, and to implement capital improvements, which are mandated to meet
environmental and water quality regulations.
There were no comments from the public.
#0454 M/S/C/U (Reed/Esser) Move to table this item for one week.
11K - PUBLIC HEARING AND ORDINANCE (FIRST READING) ADOPTING THE 2001-2202
BIENNIAL BUDGET (AB#00-280) Rich Hanna, City Treasurer, said that this ordinance would adopt
the City's 2001-2002 Biennial Budget at the fund level as described in the Mayor's Preliminary
Budget.
There were no comments from the public.
#0695 M/S/C/U (Law/McConnell) Move to approve the ordinance adopting the 2001-2002 Biennial
Budget on first reading with $7,000 added to each year of the budget, to allow for OSHA-required
TAPES #1738 & #1739
City Council Reg. Mtg. Minutes
December 6, 2000
Page 7 of 7
physicals for uniformed fire fighters.
11L - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING THE 2000 BUDGET
(#AB00-281) Rich Hanna, City Treasurer, rephrased that the number of changes to the 2000
operating budget have become necessary since the budget was originally adopted. These changes,
most of which have been previously been approved by City Council, are detailed in the attached
documents. This amending ordinance is necessary to keep the City's adopted budget consistent with
these changes in financial plans.
There were no comments from the public.
#0819 M/S/C/U (Reed/Olsen) Move to approve the ordinance amending the Fiscal Year 2000 Budget
on first reading.
With no further business, meeting concluded at 7:30 P.M., then reconvened in the Council
Conference Room for the Monthly Study Session.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CAJPJ/Is/cge
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FORAGENDA OF: JANUARY 3, 2001
ORIGINATING DEPT: CITY C0UNC I L
MINUTES OF MEETING -- DECEMBER 13, 2000 ORIGINATOR: CAROL ARENDS~ PRES I DENT
DATE SUBMITTED: DECEMBER 27, 2000
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR: COUNCIL PRESIDENT: ~------~..-/~.~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION'
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTIQN:
PULLED TABLED APPROVED DISAPPROVED AMF~EI~~
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 01-- 00-..'.~
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGF:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE,°,:
7. RESEARCH SOURCES:
TAPES #1740 & #1741 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
December 13, 2000
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, December 13, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Fan', Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne
Olsen. Also present were Acting Deputy City Clerk Rich Hanna; Special Counsel Glenna Malanca;
and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Reverend Scott Shaw of Bremerton First Church of the Nazarene.
President Arend$ made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; and
(2) City Council will adjoum to the Council Conference immediately follOWing the regular Council
Meeting for a Study Session to discuss the "Pro.Dosed Merger of the Fire District'.
CONSENT AGENDA- There were no Consent Agenda Items this week.
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.
#0025 M/S/C/U (Law/McConnell) On December 13, 2000, the Council does approve for payment
those vouchers included and further described as follows: 247551 through 247724 in the amount of
$482,282.95; and Regular Payroll in the amount of $908,880.97 for the period ending 11/30/00.
COUNCIL MEMBER REPORTS
Wayne Olsen stated that once a judge decides the Charter issue that has been mentioned in recent
newspaper articles, it is hoped that the Council can mediate with the Mayor and her staff.
John Law thanked concerned citizens who sent cards and letters after his recent shoulder surgery.
Ed Rollman pointed out that we should all do our part to conserve energy by trying to avoid heavy
power usage during peak hours, and to check all smoke and fire detectors in light of the rash of home
rites the last few weeks. He also commented on the new government center.
Mike She.~herd discussed emergency preparedness; the "Smart Growth" conference and proposed
Revenue Sharing with the County; and the successful "Winter Fest" event held in downtown
Bremerton last weekend, and thanked organizers.
David Farr cautioned citizens to be aware of unauthorized charges from Qwest Telephone Company.
Jim Reed viewed videotapes of the "Smart Growth" conference and found them very educational.
President Arends requested that an eye be kept on the weather this evening due to the snow flurries
present earlier today.
TAPES #1740 & #1741
City Council Reg. Mtg. Minutes
December 13, 2000
Page 2 of 5
Jim Reed stepped out of the Council meeting at approximately 5:45 P.M.
MAYOR'S REPORT - There was no report this evening.
INFORMATION ITEM
A presentation on "Special Assault Investigations and Victim Services" was provided by Bremerton
Police Chief Robert Forbes and Russell D. Hauge of the Kitsap County Prosecuting Attomey's
Office.
LEGISLATIVE REPORT - There was no report this evening.
Jim Reed returned to the Council meeting at approximately 5:50 P.M.
PUBLIC RECOGNITION
Jay Williams was concerned about 1) the damage caused to the older homes during the breaking of
concrete for the current project by the City to install sewer pipes in his neighborhood; 2) the nightlight
at the basketball court which shines into the windows of local homes; and 3) the noise from baseball
games scheduled late evenings. Glenna Malanca referred Mr. Williams to the Clerk's office for a
"Claim for Damages" form, as well as a copy of the City's Noise Ordinance.
Del Knauss asked for information on curbside recycling; and addressed the Memorandum of
Understanding brought forward and referred to RCW 42.040 which addresses the public "dght to
know".
Gordy Byrd reminded the Council to work together.
John Becker referred to proposed projects in recent articles in the newspaper regarding downtown
revitalization; and encouraged written communication with City officials to avoid misunderstandings.
Frances Myers, owner of Charleston Cinema, announced that Charleston Cinemas would become a
"seasonal" theater on January 2, 2001, and would be dosed during the winter months. Therefore, the
theater, which seats 248, would be available for other uses. She also announced that "Road to
Eldorado" would be shown free at their theater during the first week of Christmas break, followed by
"All Dogs Go to Heaven" dudng the second week. Charleston Baptist Church would be holding
services beginning January. For more information call 373-6093 is the phone number or 830-5173 in
the evening.
10A - RESOLUTION NO. 2785 DESIGNATING THE CITY TREASURER AS THE OFFICIAL TO
MAKE CERTAIN DECLARATIONS RELATING TO THE ISSUANCE OF CITY DEBT (#AB00-263):
Rich Hanna, City Treasurer, explained that when the City is financing all or part of a project or
purchase with tax exempt bonds, IRS regulations require that declarations be filed in certain
circumstances. Those circumstances would include City spending funds prior to bond issuance with
reimbursement occurring at a later time, and spending funds derived from bond proceeds and City
funds. Both of these circumstances are expected to occur wJth the Gold Mountain Clubhouse
Project. Therefore, the City's Bond Counsel recommends that this resolution be passed at this time.
John Becker asked when the law was passed to give the Treasurer this authority; and why must it be
"universal" authority rather than for this one time. Mr. Hanna stated that the Tax Reform Act of 1996
it has been done in the past, and a Resolution already exists providing this authority. He stated it was
TAPES #1740 & #1741
City Council Reg. Mtg. Minutes
December 13, 2000
Page 3 of 5
the Council's pleasure to provide this authority on a case by case basis. This results in a memo, files
them, and keeps them only for the purpose of an IRS audit. This was all Golf Course revenue.
Mr. McConnell asked if this money was to be paid back by the Golf Course. Mr. Hann~ responded
that all money spent on the Clubhouse would come from the Golf Course, but "other City money"
refers to financing the project by means of additional funding produced with bond proceeds.
#1690 M/S/C/U (McConnell/Reed) Move to approve Resolution No. 2785 designating the City
Treasurer as the official declare official intent pursuant to Treasury regulations.
..11A- PUBLIC HEARING & ORDINANCE NO, 4741 (SECOND READING) REPEALING CHAPTER
3.29 OF THE MUNICIPAL CODE RELATING TO THE EMPLOYEE MEDICAL INSURANCF
RESERVE FUND (#AB00-274)= The first reading for this ordinance was heard at the Council meeting
on December 6, 2000.
There were no comments from the public.
#1728 M/S/C/U (Reed/McConnell) Move to pass Ordinance No. 4741 on second reading, repealing
Chapter 3.29 of the Bremerton Municipal Code.
1 lB - PUBLIC HEARING & ORDINANCE NO, 4742 (SECOND READING) AMENDING CHAPTEt~
3.26 OF THE MUNICIPAL CODE RELATING TO THE GIFT AND DONATION FUND (#.~.B00-275):
The first reading of this ordinance was heard at the Council meeting on December 6, 2000.
There were no comments from the public.
#1765 M/S/C/U (Farr/Reed) Move to pass Ordinance No. 4742 on second reading, amending
Chapter 3.26 of the Bremerton Municipal Code.
11C - PUBLIC HEARING & ORDINANCE NO, 4743 (SECOND READING) REPEALING
CHAPTERS 3.22 & 3.23 OF THE MUNICIPAL CODE RELATING TO THE PARKS & RECREATIOP
FACILITY DEVELOPMENT FUND AND ROOSEVELT CAPITAL ASSETS FUND (#.~.B00-276): The
first reading of this ordinance was heard at the Council meeting on December 6, 2000.
Del Knauss and ~ asked for clarification on the use of this fund. M[,_JJ. allOa reiterated
that the proposed ordinance would eliminate the Parks and Recreation Facility Development Fund
and the Roosevelt Capital Assets Fund. An additional ordinance would create a new combined fund.
Mr. She_oherd discussed the total assets.
#2423 M/S/C (Olsen/Reed) Move to pass Ordinance No. 4743 on second reading, repealing
Chapters 3.22 and 3.23 of the Bremerton Municipal Code.
Voted in favor of this motion: Fan', Esser, Reed, Olsen, Law, Rollman, and Arends
Voted opposed to this motion: Shepherd and McConnell
Motion carried: 7-Yes; and 2-No
11D - PUBLIC HEARING & ORDINANCE NO. 4744 (SECOND READING) ESTABLISHING TH~=
PARK DEVELOPMENT FUND (#AB00-277): The first reading of this ordinance was heard at the
Council meeting on December 6, 2000.
TAPES #1740 & #1741
City Council Reg. Mtg. Minutes
December 13, 2000
Page 4 of 5
Dave Boynton requested that certain wording be retained in this newer ordinance in order to
maintain the relationship between the Parks and Recreation Commission, and City Council.
Mr. Shepherd asked if the Ordinance Ms. Malanca agreed with the comments of Mr. Boynton
because there may be a grant or other circumstance where time is not allowed. She suggested other
language to protect this issue.
#3348 A-M/SIC (Farr/Olsen) Move to approve amendment to include "The City Council will normally
consult with the Parks & Recreation Commission before commitment of these funds".
Voted in favor of amendment: Esser, Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends
Voted opposed to this amendment: Farr
Amended motion carried: 8-Yes; and 1-No
#3358 M/S/C/U (Farr/Olsen) Move to pass Ordinance No. 4744 on second reading, creating the Park
Development Fund.
11E - PUBLIC HEARING & ORDINANCE NO. 4745 (SECOND READING) REDUCING THE B&O
TAX ON GARBA(~E AND REFUSE BUSINESS (#AB00-278): The first reading of this ordinance was
heard at the Council meeting on December 6, 2000.
There were no comments from the public.
#3403 M/S/C/U (Shepherd/Reed) Move to pass Ordinance No. 4745 on second reading, reducing
B&O tax on garbage and refuse business.
TAPE # 1741
1'1F - PUBLIC HEARING & ORDINANCE NO. 4746 (SECOND READING) ADOPTING THE 2001-
2002 BIENNIAL BUDGET (#AB00-280): The first reading of this ordinance was heard at the Council
meeting on December 6, 2000.
There were no comments from the public.
Mr. Shepherd stated this budget was based on the Council's vision and priorities to 1) improve or
better government process in the areas of e-commerce and electronic government; 2) concentrate on
"economic vitality" by fully funding the City's Planning Department to make sure they have the
resources necessary to improve and "smart zone" the City; and 3) supporting the public safety and
judicial branch of government by providing funds for a probation officer. He added that Council is
also looking closer at current resources.
#0640 A-M/S/C (Reed/McConnell) Move to approve amendment to allocate $50,000 from the
"Miscellaneous Non-Departmental Fund" to the "Street Fund".
Voted in favor of amendment: Olsen, McConnell, Law, Rollman, Shepherd, Esser, and Reed
Voted opposed to this motion: Farr and Arends
Amending Motion carded: 7-Yes; and 2-No
#0940 M/S/C (Shepherd/Farr): I Move to pass Ordinance No. 4746 on second reading, adopting the
2001-2002 Biennial Budget; and to modify the Budget as presented by moving Legal Budget to be
under the City Council Budget as provided by City Council motion of November 29, 2000, Item 9B.
TAPES #1740 & #1741
City Council Reg. Mtg. Minutes
December 13, 2000
Page 5 of 5
Voted in favor of this motion: McConnell, Law, Rollman, Shepherd, Esser, and Reed
Voted opposed to this motion: Fart
Abstained: Olsen and Arends
Main Motion carried: 6-Yes; l-No; and 2-Abstentions
11G - PUBLIC HEARING & ORDINANCE NO. 4747 (SECOND READING) AMENDING THE 2000
BUDGET (#AB00-281): The first reading of this ordinance was heard at the Council meeting on
December 6, 2000.
There were no comments from the public.
#0980 M/S/C/U (Shepherd/McConnell) Move to pass Ordinance No. 4747 on second reading,
amending the Fiscal Year 2000 Budget.
With no further business, meeting concluded at 7:30 P.M. The Council then reconvened in the
Council Conference Room for a Study Session to discuss the "Pm.Dosed Merger of the Fire District".
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: JANUARY 3, 2001
ORIGINATING DEPT: g I TY COUNC I L
MINUTES OF MEETING -- DECEHBER 20, 2000 ORIGINATOR: CAROL ARENDS, PRES I DENT
DATE SUBMITTED: DECEHBER 27, 2000
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR: COUNCIL PRESIDENT: /"~~, ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED AME~D~[
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPES #1742 & #1743 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
December 20, 2000
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, December 20, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne
Olsen. Also present were Acting Deputy City Clerk Rich Hanna; Special Counsel Glenna Malanca;
and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed
by the invocation given by Mr. Nick Sweeney, Principal of Kings West School.
President Arend$ made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; and
(2) PUBLIC HEARING Item 10A, "Quasi-Judicial Hearing on the Appeal of Determination of Non-
Significance for the Proposed Rezone along Shore Drive from SF-3 to SF-3 SD" will be heard
before NEW BUSINESS items on the Agenda tonight.
CONSENT AGENDA
A. Minutes of Meeting November 29, 2000 (#AB00-284)
B. Resolution No. 2786, Designating the Bank of New York as Safekeeping Agent for City Securities
(#AB00-285)
C. Resolution No. 2787, Establishing Year 2001 Letter of Legislative Intent (#AB00-286)
#0025 M/S/C/U (McConnell/Law) Move to approve Consent Agenda as presented.
Mike Shepherd stepped out of the meeting and was not available for the previous vote.
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 (Law/McConnell) On December 20, 2000, the Council does approve for payment
those vouchers included and further described as follows: 244725, and 244759 through 247954 in the
amount of $798,359.00.
COUNCIL MEMBER REPQRTS
~}J3.r.~l~ wished the public a Merry Christmas, and reminded everyone to stay "safe".
Mike She_oherd provided comments on several issues, including the Year-2001 Letter of Legislative
Intent. He invited citizens to provide any comments during the early working sessions on the budget.
Ed Rollman invited citizens to call in their ideas for naming the new Govemment Center to the
Council office at 478-5280.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 2 of 9
ohn~ wished everyone a Merry Christmas, but noted he was disturbed by a group of Christmas
carolers who reportedly were stealing signs.
Wayne Olsen, Cecil McConnell, & President Arends also wished everyone a Merry Christmas!
MAYOR'S REPORT
· A picture of the new, official "logo" for Bremerton's Centennial Celebration was presented;
· A Spaghetti Feed fund-raiser event was announced for Friday, January 5, 2001, from 5:30 to 8:00
P.M. at the Melody Lane Restaurant on 4"' Street to raise money for future endeavors;
· Residents of Lebo Blvd. were warned that the road would be closed from Reid to Sheddan from
12:00 A.M. Wednesday night to 12:00 P.M. Thursday aftemoon;
· The public was cautioned to take extra safety precautions due to the number of tragic incidents
that have occurred in recent weeks; and
· In closing, everyone was wished to have a very Merry Christmas!
LEGISLATIVE REPORT
It was noted that a letter was provided to Helen Miller in response to questions she asked regarding
Port Blakely at the Council Meeting on November 29, 2000, and a copy of that letter was available.
PUBLIC RECOGNITION
~ encouraged driver safety.
Roy Mclnnis took advantage of the City's CDBG funds for home improvements, and thanked Marilyn
Waibel for recommending the program.
,J~3_~A~;~, Member of Chapter 135 of National Association of Watch and Clock Collectors, stated
that his organization has taken on the project of restoring a clock and displaying the clock at the
Historical Museum.
Wayne Olsen left the meeting at approximately 6:05 P.M., and did not return to vote on any of the
following items.
10A - QUASI-JUDICIAL HEARING ON APPEAL OF DETERMINATION OF NON-SIGNIFICANCF
FOR THE PROPOSED RF-7-ONE ALON(~ SHORE DRIVE FROM SF-3 TO SF-3 SD (#.~.EI00-29~:
President Arend8 stated that all Council members should give consideration as to whether they
have 1) a demonstrated bias or prejudice for or against any pan~ to the proceedings; 2) a direct or
indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue prior to
heating the facts on the record; or 4) ex parte contact with any individual, excluding administrative
staff, with regard to an issue prior to the hearing. If any Council member should answer in the
affirmative, then the Council member should state the reason for their answer at this time so that the
Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness
Doctrine or a Conflict of Interest exists.
John Didie requested that ~ excuse himself due to an eadier statement he made that
emphasized his bias in favor of this item.
Paul Sche_ver questioned if Jim Reed should also excuse himself, but Glenna Malanca ruled that
simply "knowing someone" is not cause to excuse them from the headng. Mr. Reed, as well as all
other Council members in attendance remained seated.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 3 of 9
Staff provided a report:
Clyde Sticklin of the Bremerton Planning Department reported that the City proposes a zoning
amendment for the front yard setback from 15 (20 garage) feet to "5 feet street-side" for existing lots
along a portion of Shore Drive in response to a petition from a number of Citizens. (See exhibits 1
and 2). The Staff issued a DNS (See Exhibit 4) based upon an Environmental Checklist in the format
required by the WAC as adopted by the BMC. (See Exhibit 3.) The BMC authorizes One open record
appeal of this type two Administrative Decision to the City Council. (See Exhibit 4.)
An Appeal has been filed regarding the Shoreline Drive Overlay zone amendment Determination of
Non-significance. (See exhibit 5.) On the city form the Appellant alleges that "An ElS is required
[due to the DNS] failure to evaluate the cumulative impact of additional requests for similar actions in
Bremerton." No other wdtten statements or documentation were submitted with the appeal. The
appeal was filed in a timely manner. Subsequent discussions with the appellant have revealed the
concern to be the cumulative effect of the potential for extending the proposal to other areas.
In this case the city followed WAC 197-11-060(c)(Optional) which states, "Agencies may wish to
analyze "similar actions' in a single environmental document. Section WAC 197-11-060(c)(i) states,
"Proposals are similar if when viewed with other reasonably foreseeable actions, they have common
aspects that provide a basis for evaluating their environmental consequences together, such as
common timing, types of impacts, alternative or geogra.Dhy. This section does not require ager~cies or
applicant to analyze similar actions in a single environmental document or reauire a.oplicant to
prepare environmental documents on pro_Dosals other than their own. (emphasis added)
The City of Bremerton Comprehensive Plan and adopted Environmental impact analysis considered
and encouraged increased development within the City of Bremerton. The Housing element
anticipates over 7,000 units to be built through development and re-development of City lots. One
method for redevelopment is filling in additional housing on existing lots. The time for appeal of this
GMA action is long past.
While WAC 197-11-060 (4)(e) does require the range of impact to be analyzed in an ElS to include
"Cumulative impacts" among others, those impacts are only those directly or indirectly within the
City's proposed Shoreline drive proposal which have been adequately analyzed in the city's review by
the appropriate use of the Checklist format required by the BMC.
In conclusion, it was reported that cumulative impacts were considered for the geograDhic area as
proposed by the use of the checklist required by the BMC. Other areas are not within the city
proposal and their analysis is specifically not required by WAC 197-11-060(c)(i). Finally WAC 197-
11-680 (D) (vii) provides that the responsible official decision shall be entitled to substantial weight.
Comments made by Council Members:
Mr. Reed asked whether homes not meeting guidelines were built prior to the code or if the homes
actually encroached upon the setback. Mr. Stricklin responded that the issue under appeal is
whether the ElS considered the impact of moving homes 5 feet forward or not. He clarified that a
person is not held accountable if a home were constructed prior to the code being wdtten.
Mr, Shepherd pointed out that based on the checklist provided for zoning purposes, there has been
no increase in water discharges. He asked if the ElS would take into consideration any new
construction and any effects that construction would have on water discharge. Mr. Stdcklin added
that the issue is establishing a setback and any new construction would have to go through
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 4 of 9
appropriate channels.
Mr. McConnell asked for clarification on the current location of the homes. Mr. Stricklin answered
that a survey of the area showed that most of the homes are within 10 feet of the setback.
Mr. Farr received confirmation from Mr. Stricklin that the Washington Administrative Code requires
the City only to evaluate the impact of the area being proposed not the entire City.
Comments made by the Public:
Paul Scheyer wished for the Council to consider whether the decision will help or affect the majodty
of the homeowners.
Helen Miller read a letter into the record in support of this appeal.
It is noted that David St. Pierre, Assistant City Attorney, advised the Council on several occasions
that discussion by the appellants must only address the Determination of Non-Significance.
Closing Comments:
Mr. Reed asked the appellants if there is sufficient evidence to support the existence of significant
impacts where non-significant impacts were originally thought to occur. He did not receive a response
addressing that question. Mr. Scheyer reiterated that the burden of proof and findings of fact are the
responsibility of staff, and that part of the process has not been done.
#3008 M/S/C (McConnell/Reed) Move to deny the appeal to the City's issuance of a SEPA
Determination of Non-Significance (DNS) regarding the proposed Shore Drive zoning amendment.
Voted in favor of this motion: Rollman, Shepherd, Fan', Reed, McConnell, and Arends
Abstained: Esser
Motion carried: 6-Yes; and 1-Abstention
Jim Reed left the meeting at approximately 7:00 P.M.
9A -APPROVAL OF AMENDED CDBG RECOMMENDATIONS (#AB00-287):
Debbie Pee. vler-$tewart, Department of Economic Development, stated that the actual 2001
Community Development Block Grant allocation is $594,000 and that funds amounting to $2,953.89
were recaptured from projected that were completed under budget. Recommendations regarding
the $44,000 in additional CDBG funds, $2,953.89 in recaptured funds, and $15,280.11 from the City's
Housing Rehabilitation Revolving Loan Program Income are as follows" $6,600 to KCR for
emergency and transitional housing services (overhead not included), $35,634 to the Department of
Community Development for Code Enforcement, and $20,000 to Olympic College Small Business
Development Center to continue the support of a portion of a salary of the Small Business
Development Specialist who provides training and technical assistance to micro enterprises in the
C ty.
Barbara Da_v Miller of AGAPE thanked the Council for their support.
#3277 M/S/C/U (Fan./Esser) Move to approve the recommendations for the additional CDBG funds,
the recaptured funds, and program income as described.
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 5 of 9
Jim Reed was not available for the previous vote.
9B - APPROVAl OF REQUESTED "HOME" ALLOCATIONS (#AB00-288): Debbie Peavler-
Stewart, of the Department of Economic Development, announced that in order to improve the
number of owner-occupied properties, the City of Bremerton has developed a policy stating that
HOME funds will primarily be used to support homeownership activities within the City. The City of
Bremerton has received 5 applications requesting funding under the HOME program. City staff
reviewed each application, and as directed according to the HOME policy, a panel consisting of the
Department of Economic Development staff and the Mayor interviewed each applicant relative to the
requested project. One application was determined to qualify under the Anderson Cove set-aside
that was previously approved by Council. The interview panel's recommendations relative to the
remaining four applications are addressed at this time.
Gordy Byrd asked how a person would apply for these funds. Ms. Peavler-Stewart responded that
Marilyn Waibel may be contacted for information on the Down Payment Assistance Program at 478-
5375; and Julie Meyers may be called at 373-3697 for information on the CRC Program; and Habitat
for Humanity may be contacted at 479-3853.
Mr. RoIIman asked how many families would be assisted with these funds. Ms. Peavler-Stewart
responded that depending on the combination of funds and the amount of the down payment, 3-5
families would be helped by each of the different types of funding.
#3580 M/S/C/U (Shepherd/Fan') Move to approve the attached recommendations for funding under
the HOME program-.
Jim Reed was not available for the previous vote.
TAPE #1742
9C - SOLE SOURCE LEASE/PURCHASE OF INVENSYS RADIO-READ METER METER
READING SYSTEM FOR THE WATER UTILITY (#AB00-289): .Ca..~le_ff~, Director of Public
Works & Utilities, reported that each year a portion of the water meters are converted to an Invensys
automated meter reading system. The conversion provides substantial savings and is nearly error
free. The system is 10% complete and at the current rate of conversion, it will take several years to
complete system installation. The 2001-2002 budget includes completing the conversion in 2001 to
realize the benefits of the automated system at the earliest date. The pay-out for the conversion is
approximately 6 years. To maintain standardization and compatibility with existing equipment, it is
recommended that City Council authorize the sole source lease/purchase of the remaining Invensys
equipment in the amount of $1,990,630 plus applicable tax, from Western Utilities Supply Co., the
sole supplier of Invensys equipment.
John Becker asked (1) What the cost would be if a call for bid were placed during each phase of the
installation since technology and prices change; and (2) How many staff are being removed to
perpetuate this program; (3) What amount of funds would be allocated since this is a proposed lease
and purchase. Mr. Sample_v responded that (1) Technology is current and that in order to be
consistent the City needs to make a choice of one type of technology, so bidding during each phase
would not be an option. Other options were considered but this particular technology will provide
substantial savings; (2) Currently, 3 staff positions are considered for reductions; (3) The amount of
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 6 of 9
funds to be allocated would include $1,990,630 plus applicable taxes. In closing, he noted he had
personally viewed the equipment, and was very impressed. ~ asked how long it would
take for the City to recooperate the money set aside for this expenditure. ~ responded
that it would take 6-years.
Mr. Farr stated that after headng all of the information on this item, he believes that it will ultimately
save the rate-payers money.
Jim Reed returned to the meeting at approximately 7:17 P.M.
#0335 M/S/C (Farr/McConnell) Move to approve the sole-source lease/purchase of an Invensys
Radio-Read Meter Reading System from Western Utilities Supply Co. in the amount of $1,990,630.00
plus applicable tax and authorize the Mayor to execute a contract in accordance with established
policies and procedures.
Voted in favor of this motion: Esser, McConnell, Law, Rollman, Shepherd, Farr, and Arends
Abstained: Reed
Motion carried: 7-Yes; and 1-Abstention
9D - WATER SERVICE AREA AGREMEENT WITH ERLAND POINT WATER COMPANY(#AB00-
290): Gene Sample_v, Director of Public Works & Utilities, briefly reported that each water system has
a designated service area for providing public water service. Bremerton's service area is described in
the City's approved Water System Plan. The Washington Department of Health encourages water
systems to obtain Service Area Agreements with neighboring water systems. Bremerton and Ertand
Point have adjoining service area boundaries in the northwest section of the City's system.
There were no comments from the public.
#0495 M/S/C/U (Shepherd/Reed) Move to approve the Service Area Agreement with Erland Point
Water Company and authorize the Mayor to execute the same, subject to City Administrative Policies
and Procedures.
9E - MEMORANDUM OF UNDERSTANDING CONCERNING WATERSHED PLANNING
291): Gene Sampley, Director of Public Works & Utilities, affirmed that Watershed Planning has
been initiated in Inventory Area 15, which includes all of the Kitsap Peninsula. The purpose of
Watershed Planning as described in RCW 90.82 is to cooperatively plan and manage the uses of
Washington's water resources. The planning process will be in three phases: (1) Develop planning
parameters and schedule; (2) Technical assessment; and (3) Produce Watershed Plan. As a
member of the initiating govemments, the City of Bremerton is involved in guidance of the planning
process by specifying the four scope issues (water quantity, water quality, in-stream flows, and
habitat), forming the planning unit, and developing the ground rules, as described in the
memorandum of understanding among the initiating governments. It was noted that this project
would be funded through a grant.
There were no comments from the public.
#0620 M/S/C/U (Reed/Esser) Move to approve the Memorandum of Agreement for Watershed
Planning and authorize the Mayor to sign, subject to City Administrative policies and procedures.
9F - CSO REDUCTION PLAN UPDATE, AMENDMENT NO. 1 TO PROFESSIONAL SERVICE-~
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 7 of 9
AGREEMENT (#AB00-292): Gene Sample_v, Director of Public Works and Utilities, said that design
and construction of improvements in the Callow Avenue Basin will be partially funded by a
congressional appropriation administered by the Environmental Protection Agency (EPA). The total
available funds appropriated for this work is approximately $3,500,000. A requirement for receipt of
this funding is development of a Environmental Assessment (EA) for the area impacted by the
construction. This amendment adds scope of work and budget to the contract with HDR to perform
the required EA. Scope of work and budget is also included in this amendment for evaluation of
sanitary system flow data that the City is collecting in various CSO basins. The requested action
before the City Council is approval of a contract with HDR Engineering for an amendment to their
existing Professional Services Agreement. He also stated that an additional $26,800 for
environmental assessment services and an additional $15,000 for review of new data for the sanitary
sewer system.
In response to an inquiry by Mr. She_~herd, it was noted that a SEPA study would still be required.
There were no comments from the public.
#0779 M/S/C/U (Esser/Reed) Move to approve Amendment No. 1 to the professional services
agreement with HDR Engineering, Inc. for $41,800, and authorize the Mayor to execute the same.
9G - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH MARTEN &
BROWN (#AB00-293): Gene Sample_v, Director of Public Works and Utilities, emphasized that
Marten & Brown is representing the City in the Tal Price/A & K Trust Lawsuit which is currently under
appeal. It was also reported that a second claim has been filed by A & K Trust. Additional services
are required to address the appeal and potential additional litigation associated with this matter,
therefore, authorization is requested to amend the Professional Services Agreement with Marten &
Brown by $200,000 to a total of $325,000.
John Becker asked why these increases are not requested before they are needed; and will this
money be reimbursed. Mr. Sam_Dley responded that the cost of litigation is not known until you are
done with it. It was noted that this trial lasted 1 week. He stated that he was not aware of the law
regarding third party lawsuits. Ms. Mala~lca responded to the questions regarding previous attempts
have been made, but the courts are reluctant to label a case "frivolous".
Mr, Farr asked (1) If there were any opportunities to settle this case prior to going to court, to save
these costs; and (2) And would future offers be brought to Council. ~ responded (1)
There was an effort, but it came very late in the tdal; and (2) She also noted that talks and
consideration are currently going on.
Ms. Malanca clarified for Mr. McConnell that the initial claim was $20 million but was later reduced
to $3 million, and was subsequently reduced drastically.
#1195 M/S/C (McConnell/Reed) Move to approve Amendment No. 2 to the Professional Services
Agreement with Marten & Brown an additional amount of $200,000 for a total not-to-exceed contract
amount of $325,000 and authorize the Mayor to execute the same in accordance with City policies
and procedures.
Voted in favor of this motion: Rollman, Shepherd, Esser, Reed, McConnell, Law, and Arends
Voted opposed to this motion: Farr
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 8 of 9
Motion carried: 7-Yes; and l-No
9H - PROFESSIONAL SERVICES AGREEMENT FOR MEDIATION .SERVICES: AND JOINT
REQUEST BY MAYOR AND COUNCIL FOR EXPEDITED JUDICIAL REVIEW (#AB00-294)- Mayor
Lynn Horton submitted the request in order to resolve the on-going City Attorney issues and the
difference in opinion between the Mayor and Council regarding legislative and administrative
functions. She further proposed that the Mayor and Council jointly request an expedited judicial
review of the issues. These include, but may not be limited to, the City Attorney employment issues
and the Council's recent motion to incorporate the City Attorney's staff and/or budget into the Council
budget.
John Becker asked if there was a list of sPecific questions that are going to be addressed; and what
would the cost be. Mayor Horton agreed that a framework of discussion does need to be
addressed, and that the cost at this time is unknown, but of course, efforts would be made to keep
these costs to a minimum.
Larry Dickerson provided his comments in support of this item.
Paul Drnjevic provided comments in opposition to mediation, stating that he believes the Charter
specifically addresses the Council's authority to deal with this issue. He did support the parties
getting together on their own to discuss issues, and supported the judicial review.
Mr. Rollman stated that Council was exercising their legislative authority to keep the City's legal
counsel intact. He asked if the action would enjoin the Mayor to Council for the process of mediation.
Ms. Malanca responded that the action would not impact the joint judicial review process by which
Council is following and that the agreement would address communication issues not legal issues. It
was also clarified that although the motion for judicial review was not necessary in light of the
declaratory action filed last week by the City Council, the request for an expedited judicial review was
advisable to seek an earlier resolution.
#1970 M/S/C/U (Shepherd/McConnell) Move to jointly request an expedited judicial review of the
issues.
#2072 M/S/C/U (Farr/McConnell) Move to approve joint selection of a mediator/facilitator and
scheduling of meeting dates.
Voted in favor of motion: Farr, Reed, McConnell, Law, Rollman, Shepherd, and Arends
Voted opposed to motion: Esser
Motion carried: 7-Yes; and 1-No
With no further business, meeting concluded at 8:20 P.M.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
TAPES #1742 & #1743
City Council Reg. Mtg. Minutes
December 20, 2000
Page 9 of 9
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
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AGENDA BILL
BREMERTON CITY COUNCIL
JANUARY 3, 2001
1. SUBJECT: FOR AGENDA OF:
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING -- DECEHBER 27, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: DECEHBER 27, 2000
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR: COUNCIL PRESIDENT: ~~ Z/~/-~'~-~'Z/z~'
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED__ DISAPPROVED~ AME~E~
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 0t - 00~'
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6, IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1744 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
December 27, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4~ Street, Bremerton, Washington, Wednesday, December 27, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne
Olsen. Also present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and
Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation given by Pastor Rick Bodrle of Calvary Chapel
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; and a 1 O-Minute Study Session to discuss "Pendergast Park Illumination"; and
(2) Council will hold a 60-Minute Study Session immediately following the Council Meeting to discuss
the "Government Center";
(3) The item "Order regarding Determination of Non-Significance for Shore Drive Rezone from SF-3 to
SF-3 SD, #PL00-0055" will be added to the Consent Agenda this meeting.
CONSENT AGENDA
A. Order regarding Determination of Non-Significance for Shore Drive Rezone from SF-3 to SF-3
SD, Project #PL00-0055 (#AB00-303)
80025 M/S/C (McConnell/Olsen) Move to approve Consent Agenda as presented.
Voted in favor of the motion: Olsen, McConnell, Rollman, Shepherd, Farr, Esser, Reed, Arends
Abstained: Law
Motion Carried: 8-Yes; and 1-Abstention
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.
80075 M/S/C/U (Law/McConnell) On December 27, 2000, the Council does approve for payment
those vouchers included and further described as follows: EFT 6295, Checks 247965, 247979
through 248069 in the amount of $363,937.34; and Regular Payroll for the period ending December
15, 2000 in the amount of $766,301.09; and Retiree Payroll for the period ending December 31, 2000
in the amount of $113,693.46.
COUNCIL MEMBER REPORTS
Ed Rollman and Conrad Esser appreciated the public support and input they have received as new
Council Members. Mr. Rollman also reported on a recent car prowl on Highland Avenue.
Mike Shepherd announced that the Police Department is sponsoring a free movie for children at
Charleston Cinema at 1:00 and 3:00 P.M. during Christmas vacation.
Ed Rollman, Conrad Esser, and David Fart all wished the community a happy holiday season and
a safe new year.
TAPES #1744
City Council Reg. Mtg. Minutes
December 27, 2000
Page 2 of 6
President Arends presented awards to Audit Committee Members Bill Robinson and John
Timmerman for their 10 and 4 years of service respectively. Dennis Treger also received an award for
10 years of service but was not present.
MAYOR'S REPORT
Council President Arends presented awards to BKAT volunteers on behalf of the Mayor as follows:
David Lewallen for 150 hours; Tyler Kaye for 304 hours; Diana Orlando for 110 hours; Vern Herrick
for 121 hours; and Rinda Picard for 157 hours.
LEGISLATIVE REPORT There were no report this meeting.
PUBLIC RECOGNITION
Ed McGee declared his discontent over the current state of the City.
Gordy Byrd asked the Council to look forward to the coming year and to not be affected by any
negativity.
Roy McKlnnis expressed thanks for the Council's efforts over the years, and encouraged the public
to communicate in an honorable manner. He stated that the public would appreciate being informed
of events that occur during closed sessions.
Paul Drnlevic deplored the Mayor's activities specifically setting up professional service agreements
or contracts following the Council's decision to limit her spending authority.
John Becker commented on a letter submitted by Councilman Ed Rollman regarding City business.
He also supported the idea of making information more available and open to the public.
Bob Jaeneke asked the Council to consider the positive side of Bremerton and to support business
activities.
Admiral Ross thanked the Council for their efforts given towards repairing Cottman Avenue but was
concerned over the condition of the streets adjacent to his restaurant including numerous potholes.
His concerns will be forwarded to the Engineering Department.
9A- YEAR 2001 AMBULANCE RATES FOR 911 BASIC UFE SUPPORT (BLS) AID CALLS
(#AB00-296): Deputy City Clerk Paula Johnston, mentioned that pursuant to the ambulance
regulatory ordinance, ambulance rates charged for 911 BLS aid calls must be approved by Council.
Both local companies, Olympic and Bremerton, have submitted requests for rate increases for 911
BLS calls to be effective January 1, 2001. Clerk staff has surveyed regional ambulance companies
for comparable rates. All surveyed companies have raised their rates since 2000 for BLS, and the
array of products and services they provide.
Bill Sterlln;I, a representative for Olympic Ambulance, emphasized that under the new fee schedule,
the amount of medicare reimbursement to the carriers would be reduced by 45% for half of the
customers. The request for increased rates would assist in covering that loss to maintain current
operations. The fee schedule would be phased in over the next 4 years.
There were no comments from the public.
TAPES #1744
City Council Reg. Mtg. Minutes
December 27, 2000
Page 3 of 6
Mr, Reed questioned how non-paying customers are handled. Mr. Sterling answered that the service
is still provided.
#1185 M/S/C/U (Farr/McConnell) Move to approve a 5% rate increase for 911 BLS rates charged by
Olympic and Bremerton Ambulance Companies.
10A - ORDINANCE (FIRST READING) PROVIDING THAT ALL VIOLATIONS NOT OTHERWISE
DESIGNATED IN THE BMC SHALL CONSTITUTE A MISDEMEANOR (#AB00-297): Special
Counsel Glenna Malanca, added that when Ordinance No. 4625 was passed by City Council in June
1999, an existing provision relating to designation of code violations as misdemeanors if not
otherwise specified was deleted. The proposed amendment would correct the omission.
There were no comments from the public.
Mr. McConnell asked if aba{ements were covered under this item. Ms. Malanca replied that
abatements are civil infractions not misdemeanors.
#1285 M/S/C/U (McConnell/Reed) Move to approve on first reading an ordinance providing that all
violations not otherwise designated in the BMC shall constitute a misdemeanor.
10B - ORDINANCE (FIRST READING) REVISING CHAPTER 2.49 OF THE BMC, PROVIDING
FOR CITY COUNCIL MEMBERSHIP ON INTERVIEW PANELS FOR CERTAIN EMPLOYEES
(#AB00-298): Council Member John Law originated the agenda item, The proposed amendment
provides for Council participation in the selection process of candidates for positions requiring Council
confirmation. Also provided is City Council confirmation of provisional appointments of candidates
not meeting minimum requirements of a position subject to Section 2.49.010.
There were no comments from the public.
Mr. Reed explained that the Council President would appoint a Council Member to sit on that
committee.
Mr. Fart added that some Council Members have served on committees in the past to evaluate
potential employee candidates. He clarified that this process would address interim employee issues
rather than those employees hired through the City's personnel hiring process and did not support the
Council's involvement in personnel management in. general.
Mr. McConnell stated that the wording should be changed to include,2'Council Memberl~ as part of
the committee rather than ~)Council Member,,~ o
Mr. Reed commented that this process would involve an appointment rather than voluntary
involvement.
Mr. Rollman reiterated that information is needed to make decisions and that staff differences are not
at issue.
Mr. Law also supported the need for information.
Mr. Olsen did not support the way the resolution was written and therefore could not support the
resolution.
TAPES #1744
City Council Reg. Mtg. Minutes
December 27, 2000
Page 4 of 6
Mr. Shepherd pointed out that the issue needs to be well thought out and that not all business
includes the dispute between the Mayor and Council.
Mr. Reed proposed a friendly amendment to the motion to include up to 2 Council Members on the
committee.
Ms. Arends agreed with prior comments made that addressed lack of participation on committees
over the past year and that she had concerns about this resolution.
#2125 M/S/C (Shepherd/Reed) Move to approve ordinance at first reading with friendly amendment
to include at least I Council Member in a committee comprised of less than 5 members, and up to 2
Council Members on the committee comprised of more than 5 members.
Voted in favor of the motion: Shepherd, Esser, Reed, Law, Rollman
Voted opposed to the motion: Farr, Olsen, McConnell, Arends
Motion Carried: 5-Yes; and 4-No
Mike Shepherd left the meeting at 6:39 P.M.
1 lA - RESOLUTION NO. 2788 AUTHORIZING THE CITY TO RECEIVE A STATE REVOLVING
FUND (SRF) LOAN AGREEMENT FOR ANDERSON COVE CSO REDUCTION FACIUTIES
(#AB00-299): Public Works and Utilities Director Gene Sampley reiterated that the City applied for
and received loan funding for partial reimbursement of costs for design and construction of CSO
reduction improvements in the Anderson Cove Basin. This loan will fund approximately 60% of the
total cost of this project. State regulations require that a resolution be approved for this loan in order
to receive these funds.
There were no comments from the public.
//2270 M/S/C/U (Farr/Rollman) Move to pass Resolution No. 2788 which approves a State Revolving
Fund (SRF) Loan Agreement for Anderson Cove CSO Reduction Facilities.
Mr. Shepherd was not present for the previous vote.
11B - RESOLUTION NO. 2789 SETTING A HEARING DATE OF JANUARY 24, 2001 FOR
VACATING THE NORTH 35 FEET OF THE ALLEY NORTH OF 11TM STREET PLACE BETWEEN
PLEASANT AVENUE AND HIGHLAND AVENUE (#AB00-300): Senior Engineer Jeff Shea relayed
that vacation request originated from Louis A. Cobb and it is applicant's intent to improve the property
upon approval of the street vacation. The City Council is being requested to establish a hearing date
of January 24, 2001 to consider the proposed vacation.
There were no comments from the public.
Mr. Rollman received confirmation from Mr. Shea that notification would be sent to residents in that
area.
#2350 M/S/C/U (Rollman/Reed) Move to pass Resolution No. 2789 setting a hearing date of January
24, 2001 for the vacation of the north 35 feet of the alley north of 11~' Street between Pleasant
Avenue and Highland Avenue.
TAPES #1744
City Council Reg. Mtg. Minutes
December 27, 2000
Page 5 of 6
Mr. Shepherd was not present for the previous vote.
11C - RESOLUTION NO. 2790 SETTING A HEARING DATE OF JANUARY 24, 2001 FOR
VACATING A PORTION OF CHESTER AVENUE (#AB00-300): Senior Engineer Jeff Shea added
that the petition was submitted by Olympic College and the approval of the vacation would increase
the buildable area of abutting property to the right-of-way. A portion of the proposed area has been
maintained and adjacent property owners have used a gravel shoulder for parking purposes.
There were no comments from the public.
Mr. Shea added that Olympic College has asked for a waiver of compensation required by state law
and that issue may be addressed by City Council at this time.
Mr. McConnell raised the issue of Olympic College's request to waive the compensation costs.
Mr. Fart pointed out that the Olympic College will incur a cost to make improvements and supported
waiving the compensation costs as a good neighbor gesture.
Ms. Malanca clarified for Mr. Olsen that a waiver of compensation is not considered a gift.
Mr. Shepherd returned to the meeting at approximately 6:50 P.M.
#2645 A-M/S/F (Farr/) Move to pass Resolution No. 2790 setting a hearing date of January 24, 2001
for the vacation of a portion of Chester Avenue located north of 13"~ Street and waiving the
compensation pursuant to B.M.C. Chapter 11.20.140.
Motion failed for lack of a second.
~2890 M/S/C (Law/Reed) Move to pass Resolution No. 2790 setting a hearing date of January 24,
2001 for the vacation of a portion of Chester Avenue located north of 13"~ Street and does not include
a waiver of compensation as required by B.M.C Chapter 11.20.140.
Voted in favor of the motion: Reed, Olsen, McConnell, Law, Rollman, Shepherd, Esser
Voted opposed to the motion: Farr, Arends
Motion Carried: 7-Yes; and 2-No
11D- RESOLUTION NO. 2791 SETTING A HEARING DATE OF JANUARY 24, 2001 FOR
VACATING A PORTION OF 15TM STREET LOCATED WEST OF WARREN AVENUE AND ~.ST
OF BROADWAY AVENUE (#AB00-302): Senior Engineer Jeff Shea reiterated that this vacation was
also requested by Olympic College and that the area serves as a parking area that is not accessable
via Warren Avenue. The request would allow Olympic College to consolidate their property for a
campus redevelopment site.
There were no comments from the public.
82975 M/S/C (Reed/Esser) Move to pass Resolution No. 2791 setting a hearing date of January 24,
2001 for the vacation of a portion of 15~ Street located west of Warren Avenue and east of Warren
Avenue.
Voted in favor of the motion: Olsen, McConnell, Law, Rollman, Shepherd, Esser, Reed
TAPES #1744
City Council Reg. Mtg. Minutes
December 27, 2000
Page 6 of 6
Voted opposed to the motion: Farr, Arends
Motion Carried: 7-Yes; and 2-No
With no further business, meeting concluded at 7:00 P.M. Council reconvened in the Conference
Room for a 60-Minute Study Session to discuss the "Government Center".
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CAJPJ/Is/cge
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AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:AwardofBidfordesign FOR AGENDA OF: JANUARY 3, 2001
and construction of Pendergast Park ORIGINATING DEPT: Parks & Recreation
Illumination project. ORIGINATOR: Cris Gears, Director
DATE SUBMITTED: December 19, 2000
2. CLEARANCES: 3. EXHIBITS:
(Comment on back if necessary)
Parks & Recreation Director: //~ ,.~.~,~ - Bid tabulation
Fiscal & Budget Committee~~.~.-~
Operations Committee: ~'~.~j _~"~~
ENDORSEMENT )~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR:~ ~- ~ ~ COUNCIL PRESIDENT: ~~. ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Bids were opened on Thursday, December 14~ for design and construction of the Pendergast Park Illumination
project, which includes the lighting of three softball fields, two soccer fields and a 440-ear parking lot. A total
of five (5) bids were received for the project (see attached Bid Tabulation). The lowest qualified bidder is Golf
Landscaping, Inc. of Puyallup with a lump sum base bid of $489,800. The total contract, including Washington
State sales tax, is $529,964. The estimated cost for this project was $550,000.
Earlier this year, the City signed an Agreement with the Inter-Agency Committee for Outdoor Recreation (lAC)
to provide a $150,000 grant for this project. Other funding is being provided by Kitsap County ($200,000), FC
Kitsap Soccer Club, the Women's State Soccer Association, Bremerton Athletic Roundtable, the Pendergast
Memorial Committee, and the City of Bremerton's Park Improvement Fund. Ace Paving and the Department of
the Navy have also offered to supply labor and equipment, if needed, to ensure completion of this project.
If this contract is approved by Council, construction will commence in early January and the lights will be fully
operational in time for the upcoming softball season.
8. RECOMMENDATION:
Motion to authorize and direct the Mayor to execute the contract for the Pendergast Park Illumination Project
with Golf Landscaping Inc. for the lump sum amount of $529,964, subject to City administrative policies and
procedures.
9. RESPONSIBLE OFFICIAL: Cris Gears
ENFORCEMENT OFFICIAL: Cris Gears
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL#: 0["' 00~
2. CLEARANCE COMMENTS:
Stan Palmer Construction of Port Orchard originally appeared to be the low bidder for this project. However,
after checking on references for similar sports lighting projects, staffhas determined that Palmer's firm has
failed to meet the minimum qualifications as outlined in the bid specifications. As a result, their bid has been
determined to be non-responsive, and they have been excluded from further consideration for this project.
5. IMPACT OF NON-PASSAGE:
If this contract is not approved by Council, the athletic facilities and parking lot at Pendergast Park will remain
unlighted, and the City will lose the ability to meet exiting community needs or to attract additional revenue-
generating softball and soccer tournaments to the area.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER
RESOURCES:
· As previously outlined for Council in Agenda Bill 00-066 (dated March 8, 2000), any additional maintenance
and operating costs will be offset by additional revenues resulting from facility user fees.
7. RESEARCH SOURCES:
CITY OF BREMERTON
BID TABULATION
~O ~ ~
, . - ..... - .. ~, ; : , .;. =.. , , . [ .,' . , , , ]' ; ,, . ..
L~ ~
AGENDA BILL
BREMERTON CITY COUNCIL JANUARY 3, 2001
1. SUBJECT: Provision for designation FOR AGENDA:-~..ccm..cr'~- ~' 27, ~,,,.~'~a
of violations of the BMC as misdemeanors ORIGINATING DEPT: City Council
unless otherwise designated. ORIGINATOR: Glenna Malanea
DATE SUBMITTED: December 19,2000
ORDINANCE NO. 4748 (SECOND READING)
2. C_LE.Mt.a2qCES: (Cqmrnent on back if necessary) 3. EXHIBITS:
o e No.
~~A MAL.~;A, ,,
~O~CjL3'PT~T~ONS-CO~T~
a~e~ & ~ET COMMITTEE
E~ORSEMENT ~ ~O~ATION E ~PROVED FOR S~MITT~:
MAYOR CO~CILP~SmENT ~. ~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
When Ordinance No. 4625 was passed by City Council in June 1999, an existing provision
relating to designation of code violations as misdemeanors if not otherwise specified was deleted.
this proposed amendment of Ordinance No. 4652and BMC Section 1.12.010 will correctthe ommission.
5. RECOMMENDATION:
Move to approve on first reading Ordinance No. g[~7 ~-~, providing that all violations not otherwise
designated in the BMC shall constitute a misdemeanor.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLEDcouNCiL [~DIRECTIVE:TABLED [~ APPROVED [-~ DISAPPROVED [] AMENDI i A
8. AGENDA BILL NO' i~0 --c>~ ~'7
~3
9. IMPACT OF NON-PASSAGE:
Certain violations of the Bremerton Municipal Code will not be enforceable because
the nature of the violation and penalty are not provided.
10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RE~qOURCES:
None.
11. RESEARCH SOURCES:
AN ORDINANCE amending Ordinance No. 4652 and Chapter 1.12 of the Bremerton
Municipal Code by providing that violations of the Bremerton Municipal Code not
designated as either a crime or a civil infraction shall constitute a criminal misdemeanor.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1. Amendment. Section 1 of Ordinance No. 4652, Bremerton Municipal Code
Section 1.12.010, is hereby amended to read as follows:
1.12.010 TYPES OF VIOLATIONS.
1. Every act, or failure to act, that is contrary to this Code shall be a Code violation.
Code violations shall be civil infractions or criminal misdemeanors and gross misdemeanors, as
established by the respective Code provisions. Any violation not otherwise designated shall
constitute a criminal misdemeanor. If a Code provision so provides, a violation may be cited as
either criminal or civil at the discretion of the enforcement officer.
2. Criminal violations shall be charged by the City Prosecutor and processed in the
Municipal Court pursuant to the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ).
3. Civil violation cases shall be initiated either: (a) by a Notice of Infraction issued,
served, and filed by either the enforcement officer or the City Prosecutor or City Attorney, or (b)
by a Complaint filed by either the City Prosecutor or City Attorney. Civil violations shall be
processed in the Municipal Court pursuant to RCW Chapter 7.80, so far as it is not inconsistent
with this Chapter, a~d pursuant to the Infraction Rules for Courts of Limited Jurisdiction (IRLJ),
so far as they are not inconsistent with this Chapter and with RCW Chapter 7.80.
4. Each day a violation continues shall be a separate violation and may be cited,
complained of, or charged as such.
5. The Municipal Court shall have the authority to adopt such local rules it deems
necessary to process cases pursuant to this Chapter.
SECTION 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council on the first reading this ~ day of ,2000.
PASSED by the City Council of the City of Bremerton this __ day of ,2000.
CAROL ARENDS
Council President
APPROVED this day of ,2000.
LYNN S. HORTON
Mayor
ATTEST:
KATHLEEN MCCLUSKEY, City Clerk
AGENDA BILL
BREMERTON CITY COUNCIL ARY 3 200t
1. SUBJECT: Amendment to Chapter 2.49 of the FOR AGENDA:
Bremerton Municipal Code providing for City ORIGINATING DEPT: City Council
Council membership on interview panels for ORIGINATOR: John Law, Council Member
certain employees DATE SUBMITTED: November 20, 2000
2. C~/RANCES: (C.~ment on back if necessary) 3. EXHIBITS:
- , -~- ~ ~ - . , /
CO,UN~IL OPERATIONS COMMITTEE
E ORS NZ 1--I n, rFO TXO 12 PROVD FOR Stm nTT :
MAYOR COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The proposed amendments to Chapter 2.49 BMC provide for City Council participation in the selection
process of candidates for positions requiring City Council confirmation. Also provided is City
Council confirmation of provisional appointments of candidates not meeting minimum requirements of
a position subject to Section 2.49.010.
5. RECOMMENDATION:
1.
2.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION: Et [__]1 B
PULLED r~ TABLED E~] APPROVED [] DISAPPROVED r-] AMEND D
COUNCIL DIRECTIVE:
9. IMPACT OF NON-PASSAGE:
City Council will continue to have no representation or participation in the selection of administrative heads and
other selected employees of the City prior to City Council confirmation.
10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None.
11. RESEARCH SOURCES:
AN ORDINANCE revising Chapter 2.49 of the Bremerton Municipal Code,
specifying City Council confirmations of all regular administrative heads of the City and other
identified employees; and providing for City Council representation on interview panels for the
selection of all regular administrative heads of the City and other identified employees.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
NONUNION MANAGEMENT PERSONNEL
SECTION 1. Revision. Chapter 2.49 of the Bremerton Municipal Code is hereby
revised to read as follows:
2.49.010 CONFIRMATION OF APPOINTEES TO NONUNION MANAGEMENT
POSITIONS. As authorized by the Bremerton City Charter, the City Council will confirm the
appointment of all regular administrative heads of the City. For purposes of this Chapter,
administrative heads include: City Attorney, Fire Chief, Police Chief, Director of Building and
Planning,, Building Official, Director of Administrative Services/City Clerk, Human Resources
Manager, Director of Parks and Recreation, City Engineer, Director Of Public Works, Civil
Service Officer, Economic Development Director or an individual retained by the City to provide
substantial Economic Development services, and Treasurer. Confirmation will also be required
for the director or manager of a new department created subsequent to the passage of this
ordinance. See Section 2.49.040 for confirmation of certain provisional or interim administrative
heads.
2.49.020 INTERVIEW PANELS. Candidates selected for final consideration for positions
subject to Section 2.49.010 shall be interviewed by a panel consisting of at least one City
Council member on panels comprised of less than five individuals, and up to two City Council
members on panels comprised of five or more individuals other than City Council members.
The participating City Council members shall be appointed by the Council President with City
Council informal concurrence.
2.49.030 QUALIFICATIONS AND FUNCTIONS.
(a) Position descriptions shall be established by the Human Resources Department for each
nonunion management employee. Theses position descriptions shall include:
(1) An outline of the employee's position, showing his or her designated
responsibilities and limits of authority.
(2) The special skills, knowledge, education and/or experience the manager shall
possess as a prerequisite to being considered for the position.
(b) Prior to the hiring of any nonunion management employee, the position description set
forth in subsection (a) of this section shall have been reviewed by the Human Resources
Manager and the City Council, and approval acknowledged with the signature of the Council
President.
2.49.040 TIME LIMIT ON PROVISIONAL APPOINTMENTS. No provisional appointment
to a position requiring council confirmation shall extend beyond one hundred twenty days from
the date of appointment without the consent of the City Council. City Council confirmation of a
provisional appointment is required in the event the candidate for a provisional appointment
does not have the minimum qualifications for a position which is subject to Section 2.49.010.
Minimum Qualifications for a position are those established by the Human Resources
Department pursuant to Section 2.49.030 (a) (2). This provision does not apply to positions
subject to civil service rules. A copy of the provisional appointment and the candidate's
qualifications shall be sent by the Mayor to the City Council at least five (5) business days prior
to the proposed appointment.
2.49.050 MANAGER CONTRACTS. All regular, as opposed to provisional civil service
exempt nonunion management, personnel employed by the City from the date of the passage of
the ordinance codified in this chapter forward, shall sign a management contract. The standard
form of the management contract shall have been approved by the City Council and shall
contain, at a minimum, a provision for termination of the employee without cause, subject to
Section 2.49.060. Nothing in this section shall be construed to require council confirmation of
individual management contracts after to form of the contract has received council approval. An
informational copy of all standard management contracts shall be forwarded to the council
budget and finance committee after execution.
2.49.060 REMOVAL. Except as provided otherwise in the City Charter, all nonunion
management personnel who are exempt from the operation of civil service shall be at will
employees and the Mayor may terminate them without cause at any time, with no notice or
hearing required.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council on the first reading this ~ day of ,2000.
PASSED by the City Council of the City of Bremerton this __ day of ,2000.
CAROL ARENDS
Council President
APPROVED this __day of ,2000.
LYNN S. HORTON
Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk