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HomeMy WebLinkAbout04/10/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA APRIL 10t 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance D. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~_~ A. Minutes - March 27, 1996 #AB96-074 CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. INFORMATION ITEM ONLY: TCI Cable Rate Increase #AB96-075 ~ I ORDINANCES A. Ordinance (First Reading) Adopting Interim Land Use Permit Regulations #AB96-076 i~ 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL M~NUTES - MARCH 27, 1996 FOR AGEND~ OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 4-10-96 City Council John Law. Pr~dmnt 4-2-96 2. ~: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT__ INFORMATION__ APPROVED BY COUNCIL P~ENT FOR SUBMITTAL: MAYOR coUNCIL PRESIDENT' ~/~~--~-/ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNC~ ION: 8. ~CO594ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: ENDED TAPE #1369 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MARCH 27t 1996 #0028 #0038 The regular 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, March 27, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Michael Smith of Bremerton Unity Church. President Law announced immediately following the Council meeting, the City Council will hold an Executive Session to discuss "potential litigation"; and a Study Session to discuss "Cable Access TV Update". CONSENT AGENDA A. Minutes -- March 6, 1996 #AB96-062 B. Minutes -- March 13, 1996 #AB96-063 M/S/C/U(Neville/Farr) 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. M/S/C/U(Colvin/Montgomery) on March 27, 1996, the Council does approve for payment those vouchers included and further described as follows: EFT3568, EFT3569, 196213, and 196260 through 196401 in the amount of $433,988.50; Regular Payroll for the period 3-15-96, in the amount of $693,365.96; Retirees' Payroll for the period ending 3-31-96, in the amount of $166,255.17. COUNCIL MEMBER REPORTS Mr. Colvin congratulated residents of the City of Seattle on passing their School Levy. He thanked John Thomas for sharing his concern. Mr. Montgomery reported only seven members of the public attended the Neighborhood Meeting, held March 25, where they discussed the TAPE #1369 City Council Reg. Mtg. Minutes March 27, 1995 Page 2 of 9 design of road improvements along Kitsap Way and Weslon Place. Mr. Overson reminded everyone of the Tour Of Historic Homes on March 30, starting at 2:00 P.M. Proceeds from the tour will go to the Kitsap Historical Museum and their moving into the City of Bremerton. Tickets may be obtained from the local Chamber Of Commerces, Visitor and Convention Bureau or Kitsap County Museum located on 4th Street. PUBLIC RECOGNITION Evelyn Mosha¥ announced Christmas In April will take place on April 27, with nine homes located in Bremerton and Port Orchard qualifying for the program. There is still need for professional roofers, building materials, and cash donations. Additional information may be obtained by calling 479-5778. Gord¥ Byrd complimented Council staff for the amount of time/effort put in to process Agenda packets and various other papers for the City Council. He encouraged members of the public to come down in person to share their concerns or ideas with the City Council. Don Larson, President Of Washington Scuba Alliance, reported Washington Sea Grant and Kitsap County PUD sponsored a Water Festival at Olympic College on March 22. Approximately 1,400 elementary students attended that event. He reminded everyone of the Sinclair Inlet Clean Up and Marine Fair on April 20, 12:00 Noon to 3:00 P.M., starting at the First Street Dock. He thanked the Parks Department and Diamond Parking for donating parking spaces for the clean up volunteers. He announced a Marine Life Exhibit is scheduled at Illahee State Park on April 18, starting at 9:00 A.M. John Thomas stated in the past two months he has attended three presentations by Fletcher Wright on the Sinclair landing project. He is leaning more positively towards that development, but a number of valid questions have been raised that can only be answered by members of Sinclair Landing Association. One of those questions is how much is it going to cost? He was concerned that nothing had been done about the graffiti on the eastern approach to the Manette Bridge and he believed it had been reported. His input on cable TV service is no raise in rates until TCI provides the residents of Bremerton with the kind of services they provide to County residents. Lastly, residents of Snohomish County voted down a Ballot measure on their 911 system on Tuesday. He pointed out Kitsap County's 911 system is failing and we do need the entire County population to support an upcoming Ballot measure to upgrade that system. He felt strongly it would take people like the elected officials to convince the public they need to lend their support. TAPE #1369 City Council Reg. Mtg. Minutes March 27, 1995 Page 3 of 9 Mar~ MoClure, Executive Director Sinclair Landing Association, handed out copies of a report that was promised to Council as part of the Memorandum Of Understanding. The report includes their Work Plan for the next several months, budget, schedules, etc. MAYOR,S REPORT Mayor Lynn Horton stated she would make sure the graffiti problem is taken care of by the City. Questions raised by Mr. Thomas and others about the Fletcher Wright proposal cannot be answered until they have completed working through the process. To a great extent, this project is truly a ground breaking project in the State of Washington, and progress is being made working through a complicated maze getting to a point where costs can be identified. The framework of the project is becoming more and more solidified and as time goes by, she is very confident those questions will be answered to the publics' satisfaction, even though some may not agree with those answers. In order to clarify a recent statement by the City Treasurer regarding the recent Utility rate increase, in the short term, the ratepayers will be helping to finance the acquisition of properties in the condemnation area. But, in the long term, except for the property that will be held in reserve and used for future plant expansion, the properties will be sold to be used for more compatible uses than residential; and through the life of the property, the taxes collected from that area will go back to repay the Utility for the property acquisition. Mayor Horton read a Proclamation designating the MONTH OF APRIL as COUNT DOWN TO EARTH DAY 1996. The proclamation was accepted by Don Larson, President Washington Scuba Alliance. Mayor Horton announced there will be a City-wide clean up week (for vegetation only) April 15-20. Details will be provided at a later date. Mayor Horton introduced the 1996 Armed Forces Queens Pageant candidates: Marianne Bart, sponsored by TCI Cablevision; Yvonne Campbell, sponsored by Kitsap Optical; Melissa Chase, sponsored by Northwest Bank; Rachael Davenport, sponsored by Parker Lumber and Tony's Italian Restaurant; Svea Eklof, sponsored by Lewis Chapel; Summer Gerou, sponsored by Kitsap Bank; Cory Hawk-Siedleaki, sponsored by Clarke's Rexall Drugs; Christine Johnson, sponsored by Dillan's Insurance Agency; Nqoc Pham, sponsored by MedEquip Services and West Hills Honda; Kirsten Roberts, sponsored by KPS Health Plans. 7A - BID AWARD RECOMMENDATION FOR GOLF COURSE CAPIT~L EQUIPMENT/BARNETT IMPLEMENT COMPANY, ~AB96-064 A call for bid on two John Deere Triplex mowers, and three John Deere Walking Mowers for Gold Mountain Golf Course were prepared, #0944 TAPE #1369 city Council Reg. Mtg. Minutes March 27, 1995 Page 4 of 9 advertised, distributed, and received in accordance with accepted call for bid procedures. Two bids were received. The low bidder was Barnett Implement Company. Base bid was $38,786.00 + sales tax of $2,947.74, for a total cost of $41,733.74. It should be noted that the Technical Specifications called for bids on three Walking Greens Mowers, not two as stated in the proposal. We would like to have the bid amended to include the third Walking Greens Mower as a cost of $4,729.02, including sales tax. The new total of the bid would be $46,462.76 (tax included). Pat westhoff, Parks Department, stated this request is over budget, and the current balance in the Parks Capital Unidentified Fund is $32,700. He pointed out they originally budgeted $44,000 for equipment needs; however, the requested amount is $46,462.76. He also pointed out there will be a cost savings in the next Agenda item, which will balance out the fund. Mr. Overson pointed out this was not within the normal City Council's budget process to control the budget for this Construction Fund. Mr. Westhoff stated he may have erred stating there was $32,700 in their unidentified Capital Fund. One piece of equipment will be funded from their old Course Capital Improvement Fund and the remaining equipment will be funded s from the Construction Fund, which contains a Contingency Fund of $30,000. Public comment - none. M/S/C/U(McConnell/Winters) to accept the amended bid and approve the purchase of the mowers from Barnett Implement Company at a price of $46,462.76 (tax included). 7B - BID AWARD RECOMMENDATION FOR GOLF COURSE CAPITAL EQUIPMENT/WESTERN EQUIPMENT, ~AB96-065 A call for bids on the attached list of Golf Course equipment was prepared, advertised, distributed, and received in accordance with accepted call for bid procedures. One bid was received that met the specification requirements as advertised. Western Equipment of Kent, WA submitted the only acceptable bid in the amount of $211,713.85 (tax included). Pat Westhoff, Parks Department, briefly reviewed the bid process and explained going with Toro equipment standardizes the equipment already being used, which is a significant issue when dealing with parts for equipment. When the new golf course was being constructed, Toro was specified for the irrigation system. At that time, it was unknown to Parks Department staff that Toro, by getting the irrigation system bid for the new course, would provide the City with an irrigation bonus in the amount of $15,000, which #1263 TAPE #1369 City Council Reg. Mtg. Minutes March 27, 1995 Page 5 of 9 will be put back into the Construction Fund account. Mr. Winters asked if the City had past experience with Western Equipment? Mr. Westhoff stated yes. Mr. Winters asked how often the mowers are used on a daily basis, and do they come with warranties? John Alexan4er, Golf Course Grounds Keeper, stated most of the mowers are used daily, and Toro provides a one-year warranty, which he believes is standard in that industry. Mr. Farr asked why the budget item is the larger amount verses the cost minus the rebate amount? Mr. Westhoff explained the City is purchasing the equipment from Western Equipment and in turn Toro will send the $15,000 to Western Equipment, who will then pass it on to the City. Mayor Horton explained the City will pay Western Equipment the full amount and the rebate is made available based on that payment. Mr. Colvin asked if all of the rebate funds would go back to the General Fund? Mr. Westhoff explained some of the equipment will be going to the older golf course and that percentage will go into the old golf course Capital Equipment Fund and the remainder in the new Construction Fund. Public comment - none. Mr. Overson pointed out the City is buying nearly $300,000 worth of equipment and asked if more equipment would be purchased? Mr. Westhoff stated yes. The budget reflects $445,000 in the Capital Equipment Fund and there are still amenities to fund out of this category, i.e. signs and flags for each hole, benches, etc. Additional kinds of equipment will be coming when the new maintenance building comes on line, i.e., desks, file cabinets, etc. M/S/C/U(McConnell/Montgomery) to authorize and direct the Mayor to execute the contract for the golf course equipment with Western Equipment for the bid amount of $211,713.85 (tax included), subject to City Administrative Policies and Procedures. 7C - CALLOW AVENUE BASIN CSO REDUCTION PROJECT; PRIORITY 1, PHASE 2 (V4214) - AMENDMENT TO PROFESSIONAL SERVICES AGREEN~_NT WITH CH2M HILL, ~AB96-056 The City has negotiated amendments with CH2M Hill, Inc. for professional services on the Callow Avenue Basin CSO reduction project. Amendment No. 8 is for additional design services outside of the existing scope of work for the Priority 1, Phase 2 project. These include changing, of the storm sewer alignment in Puget Sound Naval Shipyard (PSNS), preparation of separate surface restoration plans for Montgomery Avenue, the addition of storm sewer in Burwell #1554 TAPE #1369 City Council Reg. Mtg. Minutes March 27, 1995 Page 6 of 9 Street, soil characterization in PSNS, an overflow manhole in Cambrian, and an increase in complexity on the project greater than what was originally anticipated resulting in additional plan sheets and effort. An additional task was included to provide for final payment on the Wastewater Comprehensive Plan effort. The not to exceed amount of Amendment No. 8 is $64,350. Amendment No. 9 is new contract services. It provides for construction staking and an allowance for on-call design services during the Priority 1, Phase 2 construction. City survey crews will not have the resources to provide construction staking for this project. It is valuable for the design firm to provide construction staking because of their familiarity with the project and ability to quickly resolve any errors or changes which may arise. The design engineer will be available for submittal review, conflict resolution, and field review of critical situations on an on-call basis. The not to exceed amount of Amendment No. 9 is $64,240. The amendments will revise agreement amount to $1,093,928. Adequate funds exist for this work. Staff recommends approval and execution of the amendments. R&ndyWitt, City Engineer, reviewed the information provided in the Summary Statement. He noted under Amendment #8, some of the larger items that generated the amendment involve changing the storm sewer alignment at its outfall location in the Shipyard area. Montgomery Avenue was originally set up for patching, but once they realized the work would involve patching the whole street, it made more sense to provide street plans for that area, which will provide a better finished product. They also extended the sewer line on Burwell, to avoid conflicts with the Bremerton Ferry Terminal to Gorst project, which will probably occur next summer. We do not want to overlay a street and then dig it up the next summer. This amendment allows taking boring samples to map the location of the contaminated soils and determine the level of contamination, which will determine how and where it can be disposed. Elizabeth Buell asked if "next summer" meant 1996 or 19977 Wit% stated summer of 1996. Mr. Mr. ~eville stated this is a multi-million dollar project and it pleased him to see effort made to plan ahead so that a street did not have to be dug up once it was resurfaced. M/S/C/U(Montgomery/Huff-Menees) to authorize and direct the Mayor to execute Amendment Numbers 8 and 9 to the Professional Services Agreement with CH2M Hill, Inc. TAPE #1369 city Council Reg. Mtg. Minutes March 27, 1995 Page 7 of 9 7D - BUDGET ADJUSTMENT CONVERTING THE CITY'S FLEET I~INTENANCE FROM A CONTRACTED TO A CITY-STAFFED OPERATION, ~AB96-067 It has been determined that it is in the best interest of the City to not renew the current contract for fleet maintenance upon its expiration April 30, 1996. The contractor has been given notice to this effect pursuant to the terms of the contract. This budget adjustment will authorize the positions and expenditure authority necessary for the City to take over the fleet maintenance upon the expiration of the contract. Gene SamDle¥, Public Works and Utilities Director, stated this is not an allocation of additional funds, but a reallocation of funds currently in the 1996 budget, which will accommodate the transition from contract operations to operation by City forces. It will provide for staffing requirements and operational expenditures necessary to implement that transition. He noted the net savings projected in 1996 is approximately $40,000. He felt confident they can proceed and not exceed the budgeted authorization. He pointed out there is a $48,000 contract deposit considered in this budget and the budget for the contracted operations for 1996 was initially reduced by $50,000 in the hope that a contract could be renegotiated and realize that type of savings, which was not the case and resulted in the decision to transfer this. operation to City operations. Charlie Brown, 1333 E. Hope Street, stated the City is saying it is saving $40,000 this year and a couple of weeks ago Council action saved $20,000 by eliminating a Probation Officer position. He asked if that $60,000 was being moved to another budget line item to be spent or is it true savings? Mr. Sample¥ stated the item he mentioned is within the Transportation Fund, which is funded by the General Fund, with the majority of funds coming out of the Equipment Revolving Fund. Mrs. Huff-Menees asked Mr. Sampley to explain how he planned to take this function in-house and any changes he might foresee. Mr. Sampley explained the intent is to staff the facility in the same manner it was previously staffed. The facility was operated effectively and there were no problems with the contracted operations other than a financial concern. There will be a Fleet Manager, who will report to work on April i to initiate the transition action, and in the process of establishing registers for Lead Mechanic, two Mechanics and one Mechanic Assistant. There will also be an Office Assistant Senior position to help with the office administration and inventory control and other duties as assigned by the Fleet Manager. Mr. Overson stated he was concerned with numbers not being presented as he feels they should be. The actual cost in 1996 is #2005 TAPE #1369 City Council Reg. Mtg. Minutes March 27, 1995 Page $ of 9 reflected as $724,500, but the documentation does not present that fact. The proposed savings of $39,000 is in fact not a savings, but actually loss of money, but part of that is attributed to capital expenditures. To get the proper costs, you need to add the $48,000 and $4,500 into the $672,000 to get actual budget costs for the year. The City Treasurer chose not to show the data in that manner and that point was discussed with him in the Study Session. It is his understanding that as much as any considered cost savings there are other benefits from the in-house control. Mr. Sampley stated he appreciated Mr. Overson's comment, the reason he mentioned the $48,000 of contractors' deposit was consideration of the overall picture. Offsetting that was the $50,000 reduction in the initial budget that was established with the hope to negotiate a reduction of $50,000 and present the budget accordingly. From continued contracted operations, had this not been a renewal year, we would have expected a $50,000 increase, which essentially offsets that deposit. There are significant one-time expenditures for capital in the initial setup, which includes computers, shop equipment, etc. He believes savings will be realized in 1996 and in the long term. Mr. Overson asked if Mr. Sampley intends to have the 1997 budget reflect the $672,000, which shows no savings over the 1996 budget, or $724,000, which shows an actual $52,000 increase in costs? Mr. Sampley stated the $39,500 is shown as a budget item entitled "Savings", which had this been a new request that item would not have been included and the total amount would have been decreased by $39,500. As far as what would be required in 1997, all he could say was it will be considerably less because of the one-time expenditures anticipated in start up, one of which is inventory at a cost of $30,000 to stock the inventory, which is then maintained from that point on. It is not his intent to increase inventory costs because of the excellent relationships that have been established with local vendors and availability of parts. M/S/C/U(Huff-Menees/Colvin) to approve adjustment for fleet maintenance. the proposed budget 8A - ORDINANCE NO. 4549 (SECOND READING) AMENDING PARKING REGULATIONS TO ENHANCE PENALTIES, REPEAL RE-PARKING, ~]tB96-061 Public comment - none. Mr. McConnell asked if "business District" was identified in some other section of the Parking Ordinance? Ian Sievers, City Attorney, stated the City previously adopted a Resolution setting up time zones and it may be covered as a district in that document. He was not aware of another ordinance setting up parking restriction in that district, it does have different type of zones with different time limits, including Loading Zones. Mr. McConne11 noted he felt part of the sentence addressing "business zone" should have #2235 TAPE #1369 City Council Reg. Mtg. Minutes March 27, 1995 Page 9 of 9 remained in the Ordinance. Mayor Horton stated that point would be checked to make sure the final copy is correct and the change pertains to the business districts. Mr. McConnell referenced "service vehicles" and asked if such vehicles would be allowed to repark within the business district? M&¥or Horton assured Mr. McConnell that service vehicles could repark in the business zone without being penalized. M/S/C(Montgomery/Farr) to pass Ordinance No. 4549 on second reading, amending the parking code to remove prohibition on re- parking except in residential permit areas; increasing penalties for overtime parking and repeat offenders; and amending BMC Title 10. Vote on motion: Motion carried. In Favor: Opposed: Overson, Neville, Farr, Huff-Menees Law, Montgomery, McConnell, Colvin Winters With no further business meeting adjourned at 6:44 P.M. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault ~END~ B~LL BREI~ERTON CITY COUNCIL SUBJECT: Informational Item TCI Cable Rate Increase FOR AGENDA OF: April 10, 1996 ORIGINATING DEPT: Admin. Services ORIGINATOR: Kathleen Mc¢lusk~y DATE SUBMITTED: April 4, 1996 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESID~EH~E~R SUBMITTAL: MAYOR COUNCIL PRESIDENT ~/~/~--~--'- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL 2~ON: Patrick McDonald, TCI General Manager, will present the proposed 6/1/96 cable rate increase. These rates are not subject to Council approval. This is an information item for the Council and public. RECOMMENDATION: None RESPONSIBLE OFFICIAL: N/A ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED DATE: 11. NOTICE OF ACTION DISAPPROVED AMENDED AGENDA BILL NO: CLRARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES: TCI RATE INCREASE DISCUSSION APRIL 10, 1996 TCI has submitted a rate increase application for all cable rates to go into effect June 1, 1996. TCI will be presenting their explanation of these rate increases at the Council Meeting on April 10, 1996. Staff's rate review report to Council will be submitted at a later date. Listed below are suggested questions to ask TCI. Please review the attached rate table that shows TCI's rate history since the City has regulated rates. 1) Why is the rate for basic service increasing 16% from $10.59 to $12.28 when there have been no changes in programming or services offered? 2) Why is Bremerton's basic rate higher than Kitsap County's when they now have three additional channels on the basic tier that we don't have? 3) Why is TCI entitled to a three year inflation adjustment when they were granted an adjustment just last July 19957 4) What actual programming cost increases did TCI experience since the last rate increase of July 19957 5) Why is the rate for expanded service increasing 22% from $10.63 to $12.987 6) Please explain the tremendous jump in equipment costs. 7) The hourly service charge for labor increased 13% from $20.29 to $22.91. Please explain. 8) Why is the City's hourly service charge higher than the County's? 9) Why are all installation charges higher for the City than the County? CABLE RATE HISTORY FOR TCI PRE-REGULATION FCC 383/1200 FCC 1210 FCC 12t0 FCC 1205 FCC 1240 KITSAP COUNTY 1240 RATES REGULATED RATES REGULATED RATES REGULATED RATES REGULATED RATES REGUALTED RATES REGULATED RATES 31-Mar-94 14-Jul-94 l$-Peb-~5 Jul-95 Jul-98 Jun-96 Jun-98 BASIC SERVICE $ 10.43 $ 9.87 $ 10.09 $ 10.59 $ 12.28 $ 11,96 EXPANDED BASIC $ 11.14 $ 9.87 $ 9.99 $ 10.63 $ 12.98 $ 14.13 STANDARD CONVERTER $ 0.67 $ 0.45 $ 0.86 $ 1.63 $ 1.66 ADDRESS.CONVERTER $ 1.17 $ 0,80 $ 1.28 $ 2.06 $ 2.10 REMOTE CONTROL $ 0.09 $ 0.06 $ 0.09 $ 0.12 $ 0.12 INSTA£LATION-UNWIRED $ 37.49 $ 26.79 $ 30.44 $ 34.37 $ 34.21 INSTALLATION-PREWIRED $ 18.74 $ 13.40 $ 16.22 $ 17.18 $ 17.10 ~DDT'L OUTLET-SAME TRP $ 6.25 $ 4.47 $ 6.07 $ 5,73 $ 5.70 N:)DT'LOUTLET-SEPTRIP $ 18.74 $ -1~.40 $ 16.22 $ 17.18 $ 17.10 RELOCATE OUTLET $ 18.74$ 13.40 $ t6.22 $ 17.18 $ 17.10 NONADDRESSUP/DNGRD $ 12.50 S 8.93 $ t0.16 $ 11.46 S 11.41 N~)DRESSABLUP/DNGRD $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 1.99 CONNECT VCR-SAME TRIP $ 6.25 $ 4.47 $ 6.07 $ 5.73 $ 5.70 CONNECT VCR-SEP TRIP $ 12.501 $ 8.93 $ 10.16 $ 11.46 $ 11.41 CHG FOR CHANGE TIERS $ 12.50 $ 8.93 $ 10.16 $ 11.46 $ 11.41 HOURLY SERVICE CHARGE $ 17.50 $ 17.86 $ 20.20 $ 22.91 $ 22.80 COMPARATIVE VALUES- $ 187.07 $ 143.63 $ 162.43 $ 185.73 $ 185.90 SUM OF EACH BUNDLE ALL JUN-1996 RATES EXCLUDE LOCAL FRANCHISE FEES. INFLAllON ADJUSTMENT INCLUDES JUNE 1994 THRU JUNE 1997. KITSAP COUNTY RATES ARE FOR THEIR EXPANDED SYSTEM - - INCLUSES 3 ADDITIONAL CHANNELS ON BASIC AND 6 NEW CHANNELS ON EXPANDED BASIC Page 1 TCI boosts cable rates up to 20% 21.0,000 will have to pay more in the Se, attle ar~a After several yea~ of relatively modesl increases in lheir monthly bills, mosl cable ~ viewem in lhe Seattle area will be jolled by a stiff 15 to 20 percent boost fl'urn ' l~le-Cmnmunications Inc. The average TCI m~.~lomer in Sealfle now spends $20.79 per monlh for cable sea. ice, according to the company. Thal average will jump Io $25.16 in Juue. The increase also will apply Io TCI c~slomem fl~mughou/King County who will see lheir average bills go Io $26.03. Based in Denver, Colo., TCI is the nation's largest cable IV operalor, serving aboul one-foudh of ll~e halloa. The company has 632,975 cuslome~ in Washinglon slate, including about 210,000 in SeaUle and surrounding communilies. Bill Bennett, general manager of TCI Cab[evision of Washin~on Inc., said lhe dramatic increase is parlly the resull of a new Federal Communications Commission nde Ilml ~llows cable operalms Io adjust their roles once a year instead of k~ur times a year as pmscri~d under previous re~lalions. The city can review TCI's rate adjustment ~o make sure il complies with its franchise agreement, said City Councilwoman ,lane Noland, But the mai power lies with See TCI, Page 1. SUBJECT: Ordinance Adopting Interim Land Use Permit Regulations AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: ORIGINATING DEPT: Community Develo~ ORIGINATOR: Ian R. Siever~x City. Attorney 2. CLEARANCES: . (Comment on back if DIRE~~~F'_~ Y DEVELOPMENT COUNCIL COMMITTEE necessary) 3. EXHIBITS: Proposed Ordinance ESHB 1724, adopted during the 1995 legislative session, mandated land use regulatory reform by local government with the goal of streamlining and consolidating the permit process. The proposed ordinance adopts rules which consolidate permit review, sets deadlines of approval and limits the number of public hearings that may be required. The interim rules will be replaced by permanent development regulations in the Zoning Code after policy discussions have been concluded. 8. RECOMMENDATION: Motion to approve on first reading Ordinance No. Motion to pass on second reading Ordinance No. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 8A 2. CLEARANCE COMMENTS: -- -- 5. IMPACT OF NON-PASSAGE: IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: LANDUSE.AB - Agendas - 4/3/96 ORDINANCE NO. AN ORDINANCE implementing interim Land Use Permit pursuant to ESHB 1724, Ch. 347 Laws of 1995; and amending Municipal Code Title 21. procedures Bremerton WHEREAS, ESHB, Ch. 347 Laws of 1995 require Bremerton and other local governments planning under the Growth Management Act to establish by ordinance or resolution procedures for 1) a consolidated project permit, 2) combining the environmental review process with review of land use project permits and 3) providing for no more than one open record hearing and one closed record appeal; and WHEREAS, an interim ordinance is needed to comply with deadlines of this regulatory reform bill while allowing continued public participation and policy discussions and the integration of these procedures into the City's development regulations; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Consolidated Project Permit. Processing and approving any project permit shall include the actions listed below. Project permits are those defined by RCW 36.70B.020, but does not include street vacations or other approvals relating to use of public areas; lot line adjustments; and building and other construction permits or similar administrative approvals categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits. (a) A Notice of Application to the public and agencies with jurisdiction as required by RCW 36.70B. 110. (b) A determination of completeness to the applicant as required by RCW 36.70A.440. (c) Completion of project review and a Notice of Decision as required by RCW 36.70B.130 within the time period provided in RCW 36.70A.065 and RCW 36.70B.090. The Notice of Decision may be the project permit or a report consistent with RCW 36.70B.060. (d) An optional consolidated project permit review providing for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including all project permits requested by an applicant. (e) Public meetings or required open record hearings may be combined with another agency or jurisdiction's meeting or open record hearing on the project. Section 2. Open Record Hearing. (1) Except for an appeal of a determination of significance, there shall be no more than one open record hearing or open record appeal hearing, and one closed record appeal for project permits as defined by RCW 36.70B.020. (2) Any project permit currently requiring Planning Commission action and City Council LANDUSE.ORD - Disk 2 - 413/96 approval shall have a predecision open record hearing by the Planning Commission. The Planning commission will forward a recommendation, after considering the input from its open public hearing, for consideration by the City Council. The Council shall make its decision based on findings and conclusions and the taped or written transcript of the Planning Commission and shall not supplement the record with additional evidence or testimony. The City Council shall enter its decision based on the record. (3) Any project permit currently requiring Planning Commission approval with an appeal to the City Council shall have an open record hearing or appeal hearing before the Planning Commission and a closed record appeal before the City Council. Only applicants for the permit or approval at issue, owners of the property at issue, or persons who participated in the record hearing leading to the appealed decision shall be permitted to file an appeal. The Council may modify or reverse the decision of the Planning Commission if the party seeking relief has carried its burden of proof as to one or more of the following standards: (a) Co) (c) (d) (e) (0 The decision was based on unlawful procedure or failed to follow a prescribed process, unless the error was harmless; The land use decision is not supported by substantial evidence in light of the entire record; The land use decision is a clearly erroneous application of the law to the facts; The land use decision is an erroneous interpretation of the law; The decision is outside the authority or jurisdiction of the body or officer making the decision; or The decision violates the constitutional rights of the party seeking relief. Section 3. Consolidated Environmental Review. (1) Appeals of environmental determinations under BMC 21.12.210 shall be of the governmental action together with its accompanying environmental determinations and shall be commenced within the time required to appeal the governmental action which is subject to environmental review; Provided, however, a determination of significance may be appealed and dec~ded before the agency s final decision on a proposed act~a determ~natton of non- significance (DNS) may be appealed before the agency's final decision only if the appeal is heard at a proceeding where the heating body will render a final recommendation or decision on the underlying action. A threshold determination shall have an open record appeal hearing before the Planning Commission. 2) Except for a determination of significance, no threshold determination, decision or recommendation on a project permit shall be issued until the expiration of the public comment period on the notice of application. 3) Where a project requires an open record predecision hearing and the threshold determination requires public notice under chapter RCW 43.21C,.the threshold determination shall be issued at least fifteen (15) days prior to the open record hearing or predecision hearing. Section 4. Amendment. Those sections of BMC Title 21, Land Use, relating to land use approvals are amended by this ordinance to the extent they are inconsistent. LANDUSE.ORD - Di~k 2 - 4/3/96 Section 5. and publication and shall expire ninety (90) days following its effective date. APPROVED by the City Council of the City of Bremerton this ~ ,1996. PASSED by the City Council of the City of Bremerton this ~ ,1996. Effective Dates. This ordinance shall take effect ten (10) days from passage day of _ day of JOHN E. LAW, Council President APPROVED this ~day of ,1996. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk LANDUSE.ORD - Disk 2 - 4/3/96 3 type of land use; level of development, such as uniL ~ c acre or of density; ~ infrastructure, including public facilities and services to serve the development; and The character of the development, such as develop~ ards. :) In determining consistency, the determinations made to RCW 36.70B.030(2) shall be controlling. For purposes of this section, the term "consistency" Iclude all terms used in this chapter and chapter RCW to refer to performance in accordance with this ~{~pter and chapter 36.70A RCW, including but not limited compliance, conformity, and consistency. t~ (4) Nothing in this section requires documentation, 4gtates an ag.ency's procedures for considering consistency. ~t limits a umt of gove.rnment from asking more specific or i~lated questions with respect to any of the four main Categories listed in subsection (1) (a) through (d) of this getion. [1995 c 347 § 405.] intent~Findings--1995 c 347 §§ 404 and 405: See note following ~C'W 36.?0B.030. 36.70B.050 Local government review of project permit applications required--Objectives. Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applica- tions to achieve the following objectives: (1) Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and (2) Except for the appeal of a determination of signifi- cance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal. [1995 c 347 § 406.] 36.70B.060 Local governments planning under the growth management act to establish integrated and consolidated project permit process---Required elements. Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordi- nance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In addition to the elements required by RCW 36.70B.050, the process shall include the following elements: (1) A determination of completeness to the applicant as required by RCW 36.70B.070; (2) A notice of application to the public and agencies with jurisdiction as required by RCW 36.70B.110; (3) Except as provided in RCW 36.70B.140, an optional consolidated project permit review process as provided in RCW 36.70B.120. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing; project by another local, state, regional, federal, or other agency, in accordance with pre :ohs of RCW 36.70B.090 and 36.70B.i 10; ~ (5) A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination; (6) Except for the appeal of a determination of signifi- cance as provided in RCW 43.21C.075, if a local govern- ment elects to provide an appeal of its threshold determina- tions or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer; (7) A notice of decision as required by RCW 36.70B.130 and issued within the time period provided in RCW 36.70B.080 and 36.70B.090; (8) Completion of project review by the local govern- ment, including environmental review and public review and any appeals to the local government, within any applicable time periods under RCW 36.70B.090; and (9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW. [1995 c 347 § 407.] 36.70B.070 Project permit applications-- Determination of completeness--Notice to applicant. (1) Within twenty-eight days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall mail or provide in person a written determination to the applicant, stating either: (a) That the application is complete; or (b) That the application is incomplete and what is necessary to make the application complete. To the extent known by the local government, the local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application. (2) A project permit application is complete for purpos- es of this section when it meets the procedural submission requirements of the local government and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of I..[..lI [1995RCWSupp---page 373] 36.70B.070 _ Title 36 RCW: Counties completeness or subsequently if new information is required or substantial changes in the proposed action occur. (3) The determination of completeness may include the following as optional information: (a) A preliminary determination of those development regulations that will be used for project mitigation; (b) A preliminary determination of consistency, as provided under RCW 36.70B.040; or (c) Other information the local government chooses to include. (4)(a) An application shall be deemed complete under this section if the local government does not provide a written determination to the applicant that the application is incomplete as provided in subsection (I)(b)of this section. (b) Within fourteen days after an applicant has submit- ted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary. [1995 c 347 § 408; 1994 c 257 § 4. Formerly RCW 36.70A.440.] Severability--1994 c 257: See note following RCW 36.70A.270. 36.70B.080 Development regulations-- Requirements. (Expires July 1, 1998.) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods consistent with RCW 36.70B.090 for local government actions on specific project permit applica- tions and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures. [1995 c 347 § 409; 1994 c 257 § 3. Formerly RCW 36.70A.065.] Expiration date~1995 c 347 § 409: "The amendments to *RCW 36.70A.065 contained in section 409 of this act shall expire July I. 1998." [1995 c 347 § 411.] *Reviser's note: RCW 36.70A.065 was recodified as RCW 36.70B.080 pursuant to 1995 c 347 § 432. Severability--1994 c 257: See note following RCW 36.70A.270. 36.70B.080 Development regulations-- Requirements. (Effective July I, 1998.) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific project permit applications and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures. [1995 c347 § 410; 1994c 257 § 3. Formerly RCW 36.70A.065.] Effective date---1995 c 347 § 410: "Section 410 of this act shall take effect July I. 1998." [1995 c 347 § 412.] Severability--1994 c 257: See hole following RCW 36.70A.270. 36.70B.090 Notice of final decision--Time limit.s-- Exceptions. (Expires June 30, 1998.) (I) Except as otherwise provided in subsection (2) of this section, a local government planning under RCW 36.70A.040 shall issue its notice of final decision on a project permit application within one hundred twenty days after the local government notifies the applicant that the application is complete, as provided in RCW 36.70B.070. In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded: (a)(i) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the local government notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government. (ii) If the local government determines that the informa- tion submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made; (b) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to chapter 43.21C RCW, if the local government by ordinance or resolution has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement; (c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The local government by ordinance or resolution shall establish a time period to consider and decide such appeals. The time period shall not exceed: (i) Ninety days for an open record appeal hearing; and (ii) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and (d) Any extension of time mutually agreed upon by the applicant and the local government. (2) The time limits established by subsection (l) of this section do not apply if a project permit application: (a) Requires an amendment to the comprehensive plan or a development regulation; (b) Requires approval of a new fully contained commu- nity as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or (c) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70B.070. (3) If the local government is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. (4) This section shall apply to project permit applica- tions filed on or after April I, 1996. [1995 c 347 § 413.] Expiration date--Application--1995 c 347 §§ 413 and 421: "Sections 413 and 421 ofthisact shall expire June 30. 1998. The 11995 RCWSupp--page 374] provisions of sections 413 and 421 of this act sh. ?ly to project permil applicalions determined to be complete pursuanl Io~CW 36.70B.070 on or ~fore .lune 30, 1998." [1995 c 347 § 433.] 36.70B.100 Designation of person or entity to receive determinations and notices. A local government may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter. [1995 c 347 § 414.] 36.70B.110 Notice of application--Required ele- ments-Integration with other review procedures-- Administrative appeals. (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the depart- ments and agencies with jurisdiction as provided in this section. If a local government has made a determination of significance under chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application. (2) The notice of application shall be provided within fourteen days after the determination of completeness as provided in RCW 36.70B.070 and include the following in whatever sequence or format the local government deems appropriate: (a) The date of application, the date of the notice of completion for the application, and the date of the notice of application; (b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070 or 36.70B.090; (c) The identification of other permits not included in the application to the extent known by the local government; (d) The identification of existing environmental docu- ments that evaluate the proposed project, and, if not other- wise stated on the document providing the notice of applica- tion, such as a city land use bulletin, the location where the application and any studies can be reviewed; (e) A statement of the public comment period, which ! shall be not less than fourteen nor more than thirty days the date of notice of application, and statements of right of any person to comment on the application, )~receive notice of and participate in any hearings, request a Copy of the decision once made, and any appeal rights. A local government may accept public comments, at any time prior to the closing of the record of afl open record [Xedecision heating, if any, or, if no open record predecision hearing is provided, prior to the decision on the project germit; (f) The date, time, place, and type of hearing, if applica- scheduled at the date of notice of the application; (g) A statement of the preliminary determination, if one been made at the time of notice, of those development that will be used for project mitigation and of :ney as provided in RCW 36.70B.040; and Any other information determined appropriate by thc government. (3) If an open rect ~redecision hearing is required fi~r the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing. (4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of project permits or types of project actions. If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable melhodsto inform the public are: (a) Posting the property for site-specific proposals; (b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government; (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; (d) Notifying the news media; (e) Placing notices in appropriate regional or neighbor- hood newspapers or trade journals; (f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and (g) Mailing to neighboring property owners. (5) A notice of application shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required. (6) A local government shall integrate the permit procedures in this section with environmental review under chapter 43.21C RCW as follows: (a) Except for a determination of significance, the local government may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application. (b) If an open record predecision hearing is required and the local government's threshold determination requires public notice under chapter 43.21C RCW, the local govern- ment shall issue its threshold determination at least fifteen days prior to the open record predecision hearing. (c) Comments shall be as specific as possible. (7) A local government may combine any hearingon a project permit with any hearing that may be held by another local, state, regional, federal, or other agency provided that the hearing is held within the geographic boundary of the local government. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held within the time periods specified in RCW 36.70B.090 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing notices [1995 RCWSupp--page 3751 36.70B. 110 Title 36 RCW: Counties and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations. · (8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as: (a) The agency is not expressly prohibited by statute from doing so: (b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and (c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing. (9) A local government is not required to provide for administrative appeals. If provided, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable. The local government shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCWallow public comment on a determination of nonsignificance issued as part of the appealable project permit decision. (10) The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal. (11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations. [1995 c 347 § 415.] 36.70B.120 Permit review process. (1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process. (2) Consolidated permit review may provide different procedures for different categories of project permits, but if a project action requires project permits from more than one category, the local government shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal as provided in RCW 36.70B.060. Each local government shall determine which project permits are subject to an open record hearing and a closed record appeal. Examples of categories of project permits include but are not limited to: (a) Proposals that are categorically exempt from chapter 43.21C RCW, such as construction permits, that do not require environmental review or public notice; (b) Permits that require environmental review, but no open record predecision hearing; and (c) Permits that require a threshold determination and an open record predecision hearing and may provide for a closed record appeal to a hearing body or officer or to the local government legislative body. (3) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing body or officer for different categories of project permits. In the case of consolidated project permit review, the local government shall specify which decision makers shall make the decision or recommendation, conduct the hearing, or decide the appeal to ensure that consolidated permit review occurs as provided in this section. The consolidated permit review may combine an open record predecision hearing on one or more permits with an open record appeal hearing on other permits. In such cases, the local government by ordinance or resolution shall specify which project permits, if any, shall be subject to a closed record appeal. [1995 c 347 § 416.] 36.70B.130 Notice of decision--Distribution. A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the applica- tion. The local government shall provide for notice of its decision as provided in RCW 36.70B.110(4). [1995 c 347 § 417.] 36.70B,140 Project permits that may be excluded from review. (1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided in RCW 36.70B.060 through 36.70B.090 and 36.70B. 110 through 36.70B. 130. (2) A local government by ordinance or resolution also may exclude the following project permits from the provi- sions of RCW 36.70B.060 and 36.70B.1 10 through 36.70B.130: Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits. [1995 c 347 § 418.] 36.70B.150 Local governments not planning under the growth management act may use provisions. A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 11995 RCW Supp----page 3761