HomeMy WebLinkAbout04-151DATE SUBMITTED: July 29, 2004 BILL # O ~ '- ~ l
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing on Resolution Committee Meeting Date: d u 1 y 28, 2004
No. a3, q $ 3 regarding the Downtown COUNCIL MEETING Date: August 4, 2004
Pedestrian/BTC Access Improvements Department: City Attorney's Office
Project-Initiative Petition Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: Citizen's Initiative 101 was certified by the County Auditors office on July 23, 2004.
This initiative petition seeks to prohibit the City from constructing a traffic tunnel as a part of the
Downtown Pedestrian/BTC Access Improvements Project in downtown Bremerton. The City Council
has three options with regard to the initiative petition.
1) adopt the proposed ordinance as presented in the petition,
2) submit the initiative to a vote of the citizens, or
3) not submit the initiative to a vote of the citizens.
It is the City Attorney's recommendation that the initiative petition not be submitted to the voters for
the following reasons:
a. The subject matter o£the initiative petition is not a valid subject pursuant to Seattle Building
and Construction Trades Council v. Seattle, 94 Wn.2d 740 (1980),
b. The issue presented in the initiative petition is now moot, and
c. Submitting the initiative to a vote of the citizens would be confusing in that the voters may
think they have an impact on the tunnel decision.
ATTACHMENTS: Proposed Resolution; Initiative 101 Petition; Letter of Certification
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: ~ ~ ,~'7-~-~ ~-~
F INANCEDIRECTOR:
MAYOR:
Pre-¢ouncll 7/28/04
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS: Pre-¢ounci I 7/28/04
COUNCIL PRESIDENT: ~'~~ I~.,'X~,,-~ -.-'
RECOMMENDED MOTION:
I move to pass Resolution No. ~[q33 electing not to submit the initiative to a vote of the
citizens.
COUNCIL ACTION: ~Approve [] Deny [] Table [] Continue [] No Action
R:\LEGAL\Departments-General\City Council\Tunnel.ab.doc