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HomeMy WebLinkAbout11/15/00 AGENDA CITY COUNCIL MEETING AGENDA NOVEMBER 15, 2000 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA T4-~-¢ a~e ,~o Con;cnt.*.gc.".d~- !tern-~ or ~s ' . 4. CLA MS ¢.ECK REGISTERS 5. COUNCIL MEMnER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Appointment of Mickey L. Carpenter to the Civil Service (#AB00-252) B. Contract Bid for Mobile Computer Terminals (MCT's) (#AB00-253) ..~ 10. PUBLIC HEARINGS A. Public Hearing and Ordinance No. 4736 (Second Reading), Relating to the Establishment of On-Street Paid Parking on Fifth Street in the Downtown Core (#AB00-249) B. Public Hearing and Ordinance Nos. 4728; 4729; 4730; 4731; 4732; 4733; 4734; and 4735 (Second Readings) Reaffirming and Reenacting Previous Ordinance Nos. 4674; 4675; 4677; 4678; 4679; 4680; 4685; and 4685 in Response to Passage of 1-722 (#AB00-250) C. Public Hearing on 2001-2002 Biennial Budget (#AB00-254) 11. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: November 15, 2000 Rejection of City Attorney's Resignation anti ORIGINATING DEPT: City Council Acceptance of Withdrawal ot' Resignation ORIGINATOR: Council Members Conrad Esser and Jim Reed DATE SUBMITTED: Nov 13, 2000 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ,- '-",z'~'-"'.~' ' -~ ,~ ' "~, ,/ ~ ,~.' ' tl *November 1, 2000 Resignation; C~~ 'r~¢~~. ~ ~{} *November 2, 2000 Acceptance ofResignation by ~~ ~ ~~ ~ ~ ~~, Mayor ltorton; ~November 9, 2000 Withdrawal of Resignation and ~M RSC Response to Inqui~ regarding Council E~ORSE~NT ~ INFORMATION ~ Authority relating to City Attorney's Resignation MAYOR APPROVED FOR SUBMITTAL' COUNCIL PRESIDENT ~ ~~~,_ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Council is considering the continued employment of City Attorney Glenna Malanca in light of her November 1, 2000 resignation and Mayor Lynn Horton's November 2, 2000 acceptance of Ms. Malanca's resignation, as well as the City Atiocney's wilhdrawal of her resignation on November 9, 2000. Specifically, the City Council is considering whether to reject the resignation of the City Attorney and accept the withdrawal of her resignation. 5. RECOMMENDATION: Alternative Motions: A. Move to accept the City Attorney's November I, 2000 resignation, effective December 1, 2000; OR B. 1. Move to reject the City Attorney's November 1, 2000 ,'esignation, and 2. Move to accept the City Atto,'aey's November 9, 2000 withd,'awal of resignation. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: 9 PULLED [--] TABLED [] APPROVED [] DISAPI'ROVED [] AMEND COUNCIL DIRECTIVE: AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: N/A 10. IMPACT ON STAFF1NG~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: N/A 11. RESEARCH SOURCES: MRSC, attached response to inquiry. OFFICE OF CITY ATTORNEY 239 4th Street · Brcmerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-516! * E-mail: iegal@ci.bremcrton.wa.us November 1, 2000 Mayor Lynn S. ttorton B~emerton City Council 239 4~ Street Bremertort, Washington 99337 Re: Resignation of Employrnent It is with personal and professional regret that I have determined that my resignation as City Attorney would be in the City of Bremerton's best interest. The primary functional obstacle to the overall effectiveness of the Legal Department is the continued absence of a viable Department of Building and Planning and the resultant ummmageable burdens placed upon the Legal Dept. My Department has been called upon through necessity to attempt to guide temporary and overworked B&P staff through basic land use and bu~ing permit processes; field contacts with irate and /h~rated B&P customers; respond to numerous written complaints about B&P, representing varying degrees of validity, and generally attempt to mitigate the City's ~es arising from the dysfunction of a criticad component of our City government. Since March of this year, the Legal Department has been overtaken and overwhelmed by this s~uatio~ Si~ynificant to' my decision is the resultant impact upon the Legal Department's ability to address other hnportant legal issues. City delmrtments had previously been afforded necessary and substantial legal support in day-to-day operations and preventative measures, as well as mitigation of outside counsel expenses. The daily B&P operational and legal ~lements have dramatically curtailed that support. Contrary to news accounts, I perceive the majority of the City Council as diligently attempting to mitigate known and potential City liabilities and establish a basis for progress in _thi.~ community. As with a computer, accurate and complete data entry is a prerequisite to a solid result. On the whole, the City enjoys top-notch department heads who know their business and have a sincere desire to effectively and appropriately serve the City Council, Admires' tration and the citizens of Bremertorr It has been difficult for me to analyze what action I should take that truly best serves the City of Bremerton,. as well as preserves my professional reputation- Due to what I perceive as an administrative structure of this City's government which will not utilize its available resources to recognize and ¢ontn'bute to the solution of service and performance challenges, I have concluded that my resignation will best serve the City in the long term~ Equal Opportunity Employer Mayor and Council November 1, 2000 Page two This conclusion is based upon my hope that serious consideration, compromise and change to the current administration of City staff and resources can lead to a more optimistic and productive City government and workforce. Lastly, if [ may be presumptuous, I recommend that you elevate the City Attorney position to Management and Professional Staff Salary Plan Band 1 prior to a recruitment effort. I accepted this position in 1998 with assurances that efforts would be made to re- establi.~h the City Attorney's position in Band 1, which has not happened to dat~. Th~ City Attorney position remains topped out and alone in Band 2. To secure quality applicants, elevation of this position would appear to be vital. Pursuam to my employment contract with the City, this resignation is effective on December I, 2000. sinc Glenna lvlalanca City Attorney LYNN S. HORTON Ma or .' 239 4th Stree~ · i~remerton, W~bin~ton 9~337 · (360) 478-5266 · FAX (~60) 478~5883 · E-mail: mnyor~¢i.bremer~on, wn. us November 2, 2000 Glerma Malanea, City Attorney City of Bremerton 239 4th Street Bremerton, WA 98337 Dear Glenna: I am in receipt of and I accept your letter of resignation dated November 1, 2000 to be effective December 1, 2000. Sincerely, Lynn S. Horton Mayor LH:ev OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-5161 · E-mail: legai@ci.bremerton.vea.us November 9, 2000 Mayor Lynn S. Horton City Council Members 239 4t~ Street Bremerton, Washington 98332 Re: Withdrawal of Resignation Dear Mayor Horton and City Council Members: ARer careful consideration, I withdraw my November 1, 2000, resignation. City Attorr~y Equal Opportunity Employer From: Bob Meinig <bmeinig(~mrsc.org> To: '"gmalanca(~ci.bremerton.wa.us"' <gmalanca(~ci. brernerton.wa.us> Date: 11/8/00 11:09AM Subject: RE: Acceptance of Resignation Glenna: I think there is a good argument that the council has the authority to override the mayor's acceptance of the city attorney's resignation, but it's difficult, in my opinion, to say how good it is. And, as stated below, I think there is also a good argument that the council, in addition to the mayor, must accept the city attorney's resignation for it to be effective. As you know, the charter does not address resignations or acceptance of resignations. The common law rule in this state appears to be that a resignation is not effective until it is accepted by the proper authority. State ex rel. Royse v. Superior Court, 46 Wash. 616 (1907); AGO 49-51 No. 451; AGLO 1972 No. 55. This also appears to be the general rule under McQuillin (Sec. 12.125). But, who is the proper authority to whom the city attorney's resignation in a charter city should be submitted? McOuillin, at Sec. 12.125, states: "In the absence of any special rule prescribing to what authority a resignation should be presented, the proper authority to accept a resignation is that which has power to fill the vacancy.6 [citing cases, On each, from Alabama, Arkansas, New Jemey, and Texas.} Laws sometimes provide that resignations of appointive officers shall be made to the "body, board, court or officer that appointed them." Under such a statute the resignation of an officer appointed by the mayor with the approval of the council, although presented to and accepted by the mayor, may not be effective until presented for acceptance to the council.7 [citing one South Dakota case.]" In State eX fei. Royse v. Superior Court, 46 Wash. at 623, the court states: "a resignation is not complete until it has been accepted by the appointing power." So, the issue may not be so much whether the council has the authority to override the mayor's acceptance of the c'~j attorney's resignation as much as it is whether the council must accept the resignation. (Though I don~ believe the issues are much different from each other.) I believe there is a good argument that, since the council must confirm the mayor's appointment of the city attorney, the council is, in addition to the mayor, the authority that must accept a resignation. However, my research reveals no legal authority in this state on either of these issues. Another issue, with no ceffain answer in this state, is whether a resignation may be withdrawn after it is accepted (assuming, for the moment, that it has been properly accepted) but before its effective date. McQuillin, at Sec. 12.122, states: "A resignation that must be acted upon in some way may be withdrawn before acted upon,21 but not, according to the usual view, after it has been accepted,22 [citing cases from eleven states] although there is authority to the contrary.23 [citing cases from two states]" But, in summary, I would not hazard to guess how a Washington court would rule on these issues, and it is only in court that these issues ultimately could be resolved. I hope that the above analysis will be of assistance. Bob Meinig MRSC Legal Consultant Odginat Message From: Edca Zwick Sent: Tuesday, November 07, 2000 4:34 PM To: Bob Meinig Subject: FW: Acceptance of Resignation Is this for you? Original M _e~___l;c From: Glenna Malanca [mailto:gmalanca{~ci.bremerton.wa.us] Sent: Tuesday, November 07, 2000 3:27 PM To: mrsc~mrsc.org Subject: Acceptance of Resignation Bob: I tried this through your e-mail system and I don~ think it went out. Inquiry: Section 23 of the Bremerton City Charter provides that the Mayor hires the City Attorney with confirmation of Council. Removal by the Mayor requires concurrence of the mayority of the Council sitting as a whole. 2/3 vote of Council is required for coUncil to remove the City Attorney on its own. Facts: City Attorney delivers a letter of resignation, addressed to the Mayor and City Council on November 1, effective December 1. Mayor accepts resignation in writing on November 2. By November 3, 8 of 9 Council members have delivered letters to City Attorney rejecting her resignation. The City Council wishes to overide the Mayor's acceptance of City Attorney's resignation. City Attomey is considering withdrawing, her resignation. Based upon the hiHng and removal authorities provided in the Charter, does the Council have a good argument that they have the authority to override the Mayor's acceptance of the City Attorney's resignation, or to accept its withdrawal? Assume that the Council vote would exceed the majority sitting as a whole. Thank you, Glenna CITY COUNCIL 239 4th Streel · Bremcrton, Washington 98337 · (36t)) 478-52~0 · FAX i360) 478~5251 · citycouncil@ci.bremerl~n.wzt.us November 9, 2000 Prcsidcm Carol Arends Bremerton City Council 239 4th Street Bremerton, Washington Re: November 15, 2000 Agenda Item Addition Dear Madam Presidem: The undersigned Council members respectfully request that you accept for placement on the November 15 Council Agenda two motions relating to the City Attorney's resignation. We will prepare and deliver to Lori Smith an Agenda Bill for the two motions: (1) to reject the City Attorney's November I resignation and; (2) to accept her N°vem~i.9 ~n' 6"-un~il ~'~r John Law AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: November 15, 2000 Appointment to the Civil Service Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: November 9, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Application for Appointment ENDORSE...M.E~NT Y'~ .INFgR~TION APPROVED BY COUNCIL PIkESIDENT FOR SUBMITTAL: MAYOR ~L"~ ~. '//o>~"~.., COUNCIL PRESIDENT _/'~.~.~t~ d~a.:/~.~r_._.~) 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Civil Service Commission and it is recommended the vacancy be filled by Mickey L. Carpenter. 8. RECOMMENDATION: Motion to confirm the appointment ofMickey L. Carpenter to the Civil Service Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVE£D~ ADED_ COUNCIL DIRECTIVE 11. AGENDA BILL NO: /')~)- ':~5~-~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. [Please type or print clearly) DATE: ] NAME: 1.1~c~,e7~ [, cer?e~ter HOME PHONE: 7~7~-~n~1 HOME ADDRESS: ~ ~ ~ =--=~ ..... ~ ~r. STATE ;q~_ ZIP CODE OCCUPATION: '±'rans,~ortation D±spatcher/mra~nerEMPLOYER: Bremerton Schaa] ~-t=£cf; WORK PHONE: 478-51~0 E-MAIL: royalcarp@home.com FAX: 373-1268 BUSINESS ADDRESS: zoo Bruenn Ave. Bremerton, WA 98312 EDUCATION: High School graduate, Pupil transportation Management program-CWU summer ~rooram LOCAL REFERENCES (name & phone number): Marie Houghton 377-3944 Will and Karen Maupin 479-2319 Mary and Bernie Whittaker 830-9025 I AM INTERESTED IN SERVING ON (please check one or more):  Disability Action Committee ( ) Planning Commission (18 yrs. & older) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment? ~o If yes, how many years have you served on this commission/committee? Please turn page -~ WHY ARE YOU APPLYING FOR THIS APOINTMENT? I en~oy volunteer ~ctivies ~nd enjQv wQ~kinq with ~thers, WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: I believe it is very important to appoint/hire only the very best qualified applicants. In dealing with personne~ consistancy and good communication are ~sential. I would be happ-, ~n ~ in whatever caDacitv I was needed. HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? Former PTA D~sident~ served on W~cilitie~ cnmmlt~ Enr the Rr~mpr~nn ~hn~l ~i~t~i~ In the past I have vollunteered at Crown Hill, Naval Ave. and Kitsap Lake schools helping children with math and reading skills. We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4'~ Street (360) 478-5883 FAX 8remerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORIGINATING DEPARTMENT: ~O/t~'~. Acquisition of Ruggedized Mobile Computer Terminals FOR AGENDA OF: for use in Emergency Vehicles ORIGINATOR: DATE SUBMITTED: ,J/.-- ~".~_ 2. CLEARANCES: (comment on back if 3. EXHIBITS: necessarv.~---, Purchasing '_"'/~ ~J2.~ Bid Tabulation: w l LL BE D I 5TRI §UTED ON 11/15/00 City Attorney '~/~.,/'~..---'~z_..~Jf..~,~Budget Adjustment City Treasurer ' Police Department Council Fiscal & Budget Council Operations ENDORSEMENTS ,~' INFORMATION APPROVED~ BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Requests for proposals were prepared, advertised, distributed and received in accordance with accepted Call for Bid procedures for twenty four (24) rugged[zed mobile computer terminals. Bids were received from Datec, Inc. for Panasonic Equipment and Territorial Supplies, Inc. for Amrel Technology equipment. Both companies submitted bids that met the City's specifications. Datec, Inc. was the lowest bidder. 8. RECOMMENDATION: 1. That City Council accept the proposal by Datec, Inc. being the Iow responsive bid received in the amount of one hundred and thirty two thousand, seven hundred and forty three dollars and ninety five cents ($132,743.95) for twenty four units with optional docking stations. Pdce inclusive of Washington State Sales Tax 2. That City Council~approve Budget Adjustment 00-30. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~lll~k ~1111~ PULLED TABLED APPROVED DISAPPROVED__ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: (.~0 -~ ~ 53 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Installation and use of MCTs in emergency vehicles will increase the efficiency of those units. Improved communications capabilities will also add to the safety of personnel in those vehicles. Non-passage will deny these efficiencies and safety improvements. Bremerton is acting as lead local agency in this acquisition. It is anticipated that several local agencies will use this contract to purchase their own MCTs. Non-passage of this item would force those agencies into bidding procedures that would delay their implementation of this technology. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This acquisition is within amounts budgeted for 2001. Approval of Budget Adjustment 00-30 will allow us to install MCTs in the 2000 year patrol cars immediately. 7. RESEARCH SOURCES: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Installation and use of MCTs in emergency vehicles will increase the efficiency of those units. Improved communications capabilities will also add to the safety of personnel in those vehicles. Non-passage will deny these efficiencies and safety improvements. Bremerton is acting as lead local agency in this acquisition. It is anticipated that several local agencies will use this contract to purchase their own MCTs. Non-passage of this item would force those agencies into bidding procedures that would delay their implementation of this technology. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This acquisition is within amounts budgeted for 2001. Approval of Budget Adjustment 00-30 will allow us to install MCTs in the 2000 year patrol cars immediately. 7. RESEARCH SOURCES: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: EQUIPMENT SERVICES Adjustment Number: 00.30 IApproval Authority Required: mTreasurer ~--~Mayor [-- Fiscal & Budget [-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount INCREASE: INCREASE: Beginning Cash 50,000 Capital 50,000 NARRATIVE: This adjustment will provide authority for the purchase and installation of the City's first five Mobile Computer Terminals (MCT's) in the 2000 police patrol cars. The CIP includes the upgrade of 24 public safety vehicles to the MCT's to increase efficiency and officer safety. The remaining units will be installed in FY 2001 and are budgeted accordingly. Department Head Signature Date Direct Date Treasurer Comments: ~ Recommended [~ Not Recommended \ 1 Treasurer's Signatur:e "'~__ Da Mayor Comments: ~.~L_~, Recommended F---] Not Recommended~ ~_~_/~ /////~/~ ~ Approved ~ Denied Mayo r's Signature Date Fiscal & Budget Committee Comments: ~.~Fiscal & Budget Committee Signature 8 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECt: Bid Award - FOR AGENDA OF: November 15, 2000 Gold Mountain Clubhouse ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Pat Westhoff, Golf Operations · DATE SUBMITrED: October 31, 2000 2. CLEARANCES: 3. EXHIBITS: (Comment on back ifnccessary),/~' ff~ Parks & Recreation Director: ,/~_~'~ ~/~.A_ ,/?,~a * Bid Opening List c,,y ^ o ey: City Treas dr'~-~-.. ............ ~ Fiscal & Budget Committee: Study Session 11-8-00 Operations Committee: _Study Session 11-8-00 ENDORSEMENT )~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened on Monday, October 30, 2000 for the Gold Mountain Clubhouse project. A total of twelve (12) bids were received (see attached Bid Opening List). The lowest responsible bidder is Porter Brothers Construction of Edgewood, Washington with a base bid of $2,736,500. Staff and the Gold Mountain Board of Directors are recommending that the City also accept deductive alternates #2, #4 and #6 which reduce the bid by $251,830 by removing attic storage space, a cart storage facility and a free-standing concession facility from the proposal. The total contract amount, including the three deductive alternates and Washington State Sales Tax, is $2,688,413. If this contract is approved by Council, the Clubhouse project will be incorporated into the 2001-2002 biennial budget, and an Ordinance authorizing the issuance &bonds will be brought for Council's consideration in January, 2001. It should be noted that no tax dollars are required to support this project, and that all funds for construction of the Clubhouse are to be generated fi.om user fees paid by Gold Mountain patrons. 8. RECOMMENDATION: Motion to authorize and direct the Mayor to execute the contract for the Gold Mountain Clubhouse project with Porter Brothers Construction, for the Lump Sum Base Bid and deductive alternates #2, ~4, and #6, in the total amount of $2,688,413 subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: Pat Westhoff ENFORCEMENT OFFICIAL: Cris Gears EXPIRATION DATE: 12-31-00 REVIEW DATE: 11-8-00 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: clubhouse Agenda Bill revised 11/13/00 .... 2:53 PM 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: If this Agenda Bill is not lin. ssed, the new Gold Mountain Golf Complex Clubhouse will not be constructed. This will jeopardize the long-term financial viability of the course due to the loss of tournaments, daily play, and facility use in general. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Support for this project is accounted for within the overall budget. Funds will be available in the Enterprise Fund 407 with the approval of the Golf Complex budget for the 2001 - 2002 biennium (December) and approval of the Bond Sale (January 2001). 7. RESEARCH SOURCES: clubhouse Agenda Bill revised 11/13/00 .... 2:53 PM CITY OF BREMERTON BID TABULATION ~D ~DDER REeD ~ ITEM 3 ~ ~ ~fllO TAX TOTAL SUMMARY ,, ] TOTAL BID COMMENTS CITY OF BREMERTON BID TABULATION DATE OPENED: [~- ~o- O~ TIME OPENED: ~~ ~ ~ RECORDED BY ~DDER ~tc~ ~' ~ ~ ITCM 3 ~ ~ ~' " .~ ',,q2. ~ , .. , ~, ,~ ", ~,~ 'i, ' " ' .. ' ' " ' ' ' 'L.' :' '" . . AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing and an FOR AGENDA OF: November/~, 2000~/ Ordinance relating to the ORIGINATING DEPT: Admin. Services~/.~ establishment of on-street paid ORIGINATOR: Paula Johnston/~. parking on Fifth Street in the DATE SUBMITTED: November 1, downtown core ~::~Co~ 2. CLEARANCES: (comm~n~ on back ~J3. EXHIBITS: if necessary) Admin. Svcs. ~ ~/~ Ordinance ~O~ Public Works ~/~~ ~ City Att o may Fiscal & Budge~f~. f Operations ENDORSEMENT '~ INFO'q~M~TTION APPROVED BY COUNCIL PRESI~ENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On October 3, 2000 the Downtown Parking Advisory Committee reviewed the no-repark program for on-street parking in the downtown core that was instituted last August. They determined that there was a demand for three hour pay-stall parking at the base of Fifth Street just east of Park Avenue. This location was not identified last summer as an area for on-street paid parking when City Council passed an ordinance authorizing paid on-street parking in other areas of downtown. The committee is proposing that the City charge $2.00 for 3 hours for this parking. 8. RECOMMENDATION: --I ....,,,~. c to approve ~,, u~d~ ....... relating to--3;~e--es~b~sh~nt---of on= street ~___ parking ~., the =~O bl~k of Fi£Lb Strect~ I move to pass Ordinance # ~7.~ relating to the establishment of on- street paid parking on the 500 block of Fifth Street. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVE~~DED COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: No on-street paid parking will be authorized on Fifth Street east of Park Avenue. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Minimal impact. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE relating to the establishment of on-street paid parking on Fifth Street in the dowmown business district. WHEREAS, WAC 38-330-270(6) authorizes the City to implement paid on-street parking by legislative action; and WHEREAS, establishment of on-street paid parking at this location will not impact traffic circulation in the area. NOW, TltEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN: Section 1. That on-street paid parking is hereby established: (1) On Fifth Street, east of Park Avenue as referenced in Exhibit A, drawing of proposed on-street parking location and incorporated herein. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton 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 L. McCLUSKEY, City Clerk PORT WA SHINe TON m NARRowS I I , SCALE CITY OF BREMERTON PROPOSED ON-ST. PAID PARKING HORIZ~.T.S. DEPARTMENT OF PUBLIC ~ORKS PORTIONS OF 2ND. ST., 4TH ST. ~ UTILITIES PLOT 1:1 ENGINEERING OI~SION AND BURWELL ST. DRAWING NO. ORAWN BY: S.JANKOWSKI DESIGN BY: CHECKED BY: SHEET F:~PSTPARK.DW( DATE 5/9/00 DATE DATE 1 OF 1 ~IBIT A AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 4'7'3~= .~C,~r~d FORAGENDA OF: November,,~', 2000 (~, Ordinance No. ' (,~-FA-E--S--T- READING) ORIGINATING DEPT: Admin Se~~_~ RELATED T0 THE 1-695 RULING ORIGINATOR: Kathleen McCluske~?~ DATE SUBMITTED: October 31, 2000 2. ~LEA~NCES: ~omment on back if necessa~) 3. EXHIBITS: ~Glenn~a~nc~ ~i~ A~orney ~=~, ~~~~/ ~FORMAT~ON MATERIALS ARE ~. ~ ~//~~~// AVA I LABLE 0N THE 1 ]/8/00 PACKET ENDORSEMERT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ J ~ ~& COUNCIL PRESIDENT ~~ ~~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In November and December of 1999 following the passage of 1-695, the Ci~ approved a number of ordinances raising rates and fees primarily routine in nature and financial requirements. Initiative 722 would render those ordinances null and void as well as limiting prope~ tax to 2% per year and may require refunds of invalidated fees, taxes and rates. The aEached Exhibit "A" shows the financial impact of the initiative if rates and fees are nullified. Exhibit "B" shows the impact of 1-722 if the ci~ re-adopts the tax and fee ordinances. Cities and towns are now authorized to increase taxes, rates and fees due to the recent Supreme Cou~ decision upholding the March 2000 by the King County Superior Cou~ decision that 1-695 is unconstitutional. The rate and fee ordinances must be approved, published, and become effective pdor to the effective date of 1-722, which is December 7, 2000. 5. RECOMMENDATION: Record Motion: 1't hearing: SEE EXHI BIT C 2ndhearing:SEE EXHIBIT C 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: ~ 7. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: Cc- -5c [ ~MI~ACT OF NON-PASSAGE: See attached charts for financial impacts of 1-722. l, Jl/IPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Lost ~enue would have serious impact on all City operations. '1 t. RESEARCH SOURCES: AWC and MRSC publications and text of 1-722 Exhibit "A" CITY OF BREMERTON INITIATIVE 722 ESTIMATED FINANCIAL IMPACTS From Fees, Rates and Taxes Adopted by the City July - Dec. 1999 REFUND REDUCE REDUCE from in in 2000 2001 2002 PROPERTY TAX LIMIT TO 2% PER YEAR 120,000 165,000 259,000 BUSINESS LICENSE INCREASE 35,000 35,000 35,000 COMMERCIAL PARKING TAX 120,000 '120,000 120,000 GREENS FEE INCREASES 70,000 140,000 215,000 RATE INCREASES 120,000 245,000 365,000 RATE INCREASES 265,000 540,000 800,000 .~!!~i}~i.~i~i.~ii~iit~i!~iiiiii?!ii!ii i il i iili iii!!iiiiiiii 730,000 1,245,000 1,794,000 Exhibit "B" CITY OF BREMERTON INITIATIVE 722 ESTIMATED FINANCIAL IMPACTS * From Fees, Rates and Taxes Adopted by the City July - Dec. 1999 REFUND REDUCE REDUCE from in in 2000 2001 2002 PROPERTY TAX LIMIT TO 2% PER YEAR 120,000 165,000 259,000 BUSINESS LICENSE INCREASE - - COMMERCIAL PARKING TAX - GREENS FEE INCREASES - - RATE INCREASES - - 210,000 RATE INCREASES - - 280,000 · Assumes re-passage in FY 2000 of tax and fee ordinances first passed in Nov. - Dec. 1999. Exhibit "C" ORDINANCE NO. 4728 reaffirming and reenacting Ordinance No. 4674 which established green fees for the Gold Mountain Golf Complex and Repealed Resolution Nos. 2657 and 2684 11/08/00 Motion to approve Ordinance No. 4728 on first reading 11/15/00 Motion to pass Ordinance No. 4728 on second reading ORDINANCE NO. 4729 reaffirming and reenacting Ordinance No. 4675 amending assessments, rates, fees and charges for municipal water, wastewater and stormwater services and amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance 4642 11/08/00 Motion to approve Ordinance No. 4729 on first reading ~ 11/15100 Motion to pass Ordinance No. 4729 on second reading ORDINANCE NO. 4736 reaffirming and reenacting Ordinance No. 4677 establishing rates and fees for all municipal licenses, permits, assessments, charges, user fees, parking fines and creating a new Chapter 3.01 Rates and Fees of the Bremerton Municipal Code and repealing Ordinances Nos. 4651 and 4665 and Resolution Nos. 1924, 2239, 2242, 2247, 2248, 2250, 2368, 2384, 2425, 2484, 2487, 2501, 2506, 2551, 2591, 2653, 2659, 2683 and amending Resolution Nos. 2367 and 2679 and amending Chapters 1.12, 2.62, 5.02, 5.03, 5.88, 10.08 and 10.11 of the Bremerton Municipal Code 11/08/00 Motion to approve Ordinance No. 4730 on first reading ~ 11/15/00 Motion to pass Ordinance No. 4730 on second reading ORDINANCE NO. 4731 reaffirming and reenacting Ordinance No. 4678 establishing cost recovery of subsidized costs from non-city residents utilizing specified city services and amending Chapter 3.01 of the Bremerton Municipal Code 11/08/00 Motion to approve Ordinance No. 4731 on first reading ~ 11/15100 Motion to pass Ordinance No. 4731 on second reading ORDINANCE NO. 4732 reaffirming and reenacting Ordinance No. 4679 imposing a commercial parking tax; and adding a new chapter to Title 3 of the Bremerton Municipal Code 11/08/00 Motion to approve Ordinance No. 4732 on first reading /~ 11/15/00 Motion to pass Ordinance No. 4732 on second reading ORDINANCE NO. 4733 reaffirming and reenacting Ordinance No. 4680 amending maximum penalties for misdemeanors and civil infractions, and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72, 5.48, 5.54, 5.84, 6.04, 6.28, 7.05, 9.06, 9.14, 9.18, 9.29, 9.37, 9.39, 10.04, 10.12, 10.16, 11.08, 11.10, 13.04, 17.56, 21.02 of the Bremerton Municipal Code 11/08/00 Motion to approve Ordinance No. 4733 on first reading ~ 11/15/00 Motion to pass Ordinance No. 4733 on second reading ORDINANCE NO. 4734 reaffirming and reenacting Ordinance No. 4684 establishing a Program for Elimination of Improper Stormwater Inflow to the Wastewater System and amending Chapters 15.01 General Provisions, 15.04 Stormwater, 15.06 Assessments, Rates, Fees and Charges and 11.02 Right of Way Use 11/08100 Motion to approve Ordinance No. 4734 on first reading ~ 11/15/00 Motion to pass Ordinance No. 4734 on second reading ORDINANCE NO. 4735 reaffirming and reenacting Ordinance No. 4685 establishing rates for inappropriate Stormwater inflow to the Wastewater System by amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance No. 4675 11/08/00 Motion to approve Ordinance No. 4735 on first reading ~ 11/15/00 Motion to pass Ordinance No. 4735 on second reading AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING FOR AGENDA OF: Nov. 15, 2000 /'~ ORIGINATING DEPT: Treasurer~c~ Regarding the 2001 - 2002 Biennial Budget ORIGINATOR: R. Ha.rm~ ~ DATE SUBMITTED: ~ ~,, ~ '~' ~' 2, CLEARANCES: Comment of back if necessary) 3. EXHIBITS: ENDORSEMENTS )['" INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: State statute requires that the City hold a public hearing regarding the proposed 2001 - 2002 budget. 8. RECOMMENDATION: No Council action is required. Public input only. 9. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDE~~-O C COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EC~UIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: