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TAPES #1734, #1735 & #1736
CITY COUNCIL MEETING MINUTES
November 29, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 29, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, and Cecil McConnell. Council
member Wayne Olsen was absent. Also present were City Attorney Glenna Malanca; Deputy City
Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed
by the invocation given by Pastor Larry Rodgers of Central Kitsap Christian Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; followed by a 5-minute Executive Session to "Review Labor Negotiations" and a 15-
minute Executive Session to discuss "Potential Litigation"; and
(2) Item 9C was added under NEW BUSINESS to discuss "Retention of the Current City Attorney as
Special Counsel to the City Council in the Event of a Purported Separation from Employment".
CONSENT AGENDA
A. Minutes of Meeting - November 8, 2000 (#AB00-261)
#0025 M/S/C/U (McConnell/Shepherd) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those
expense reimbursement claims certified as required by RCW 42.24,090 have been recorded on a
listing that had been made available to the Council.
#0045 M/S/C/U (Law/McConnell) On November 29, 2000, the Council does approve for payment
those vouchers included and further described as follows: 247151 through 247301 in the amount of
$459,950.81.
COUNCIL MEMBER REPORTS
John Law welcomed a new merchant "The Antique Ladies of Manette", a very nice antique shop on
East 11th Street. He also acknowledged the Police Department, the Bremerton School District, and
Mayor Horton for their participation in a very informative District 3 meeting last week.
Ed Rollman was pleased to see a big crowd at the meeting tonight. He reminded the public that
Santa & Mrs. Clause were "coming to town" this Friday at approximately 6:00 P.M.
Mike Shepherd commented on a 26-mile marathon that he was proud to complete this past
weekend. He discussed the budget sessions recently completed, the proposed committees to be
formed with citizen participation; a Joint City Council & Planning Commission Session held Monday
night; and lastly, the "Smart Growth" workshops held at the Admiral Theater Tuesday afternoon.
David Farr thanked the Bremerton Police Department for their efforts in apprehending a very
reckless driver within minutes after being reported by a concerned citizen from his District.
TAPES #1734, #1735 & #173u
City Council Reg. Mtg. Minutes
November 29, 2000
Page 2 of 7 ,
President Arends also attended the "Smart Growth" conference sponsored by Kitsap County, and
complimented the organizers, speakers, as well as the Admiral Theater for being excellent hosts.
MAYOR'S REPORT
Mayor Horton reiterated comments regarding the outstanding "Smart Growth" conference sponsored
by Kitsap County at the Admiral Theater yesterday afternoon, which she considered very "worthwhile"
and encouraged anyone to view the taped presentations. She announced the Church of the
Nazarene would be hosting 70-minute walk-through presentation of "A Little Town of Bethlehem" for
the next two weekends; and encouraged citizens to participate in a blood drive from 12:00 noon to
6:00 P.M. at the Washington Mutual Bank Building on Friday, December 1. On a sad note, she
reported that Mr. James Walker, a long-time citizen of Bremerton had recently passed away, and
extended condolences to his family.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Bruce Christopherson, Vice President of Ace Paving Company (founded in Bremerton in 1947),
announced that both the Company and City of Bremerton received the First Place Quality Award for
"The Best City Paving Project" in Western Washington for the Burwell Street Improvement project.
Mayor Hotton received the award, and thanked Ace Paving Company for their excellent work; and
the Washington Asphalt Paving Association, and the Washington Chapter of American Public Works
Association for the award.
Carol Atkinson reiterated the announcement be Mr. Rollman regarding activities that would begin at
5:30 P.M. downtown along with the arrival of Santa Clause by a fire truck at approximately 6:00 P.M.
Del Knauss was proud of the Council for setting legislation, "as they were elected to do", and
commented that Glenna Malanca was "one of the best City Attorneys Bremerton has had". H, Emily
Moshay disagreed, and was disappointed and upset at how the Mayor has been "attacked for doing
her job". Paul Drnjevic agreed with Mr. Knauss that the Council was doing the job they were
"elected to do", and referred to an editorial in The SUN. Roy Mclnnis added his comments
regarding the recent articles, and that for Bremerton to "come together", the employees of this City
will have to work together. Gerry Peret was upset at the actions of the Council, but. also agreed that
the City must pull together. Rob Schniedler provided his comments, and emphasized that it was
the job of the Mayor to represent the City; and it was the job of the Council to also represent the City
as well as their individual Districts.
Wendy Rexson addressed her concerns regarding downtown parking issues.
Gordy Byrd provided information on upcoming Kitsap Transit meetings.
9A - APPOINTMENT OF JOAN TAlE TO THE PUBLIC ACCESS CITIZENS ADVISORY
COMMITTEE (#AB00-262): Mayor Horton provided comments to support her recommendation for
Joan Tale to be appointed to the Public Access Citizens Advisory Committee.
There were no comments from the public.
#1335 M/S/C/U (Farr/Rollman) Move to confirm the appointment of Joan Tale to the Public Access
Committee.
TAPES #1734, #1735 & #173b
City Council Reg. Mtg. Minutes
November 29, 2000
Page 3 of 7
9B - MOVING LEGAL DEPARTMENT BUDGET UNDER CITY COUNCIL BUDGET (#AB00-263):
This request is for the Council to consider the need to place the Legal Department's budget under the
City Council budget to better facilitate the direct of Legal Department communications to the City
Council. Ensuring the independence of the City Attorney in providing legal service to the City is an
additional motivation for this budget consideration.
Paul Drnjevic agreed with this action by the Council to solve the problem of this "unfortunate
situation", and commended Glenna Malanca for the work she has done for the City.
Jerry Van Fossen agreed with the Mayor for not accepting the "withdrawal of the resignation" by the
City Attorney, and believed that Glenna Malanca should now have to "reapply" to get back her
position. He very much disagreed with the action being taken by the Council. Roy Mclnnis pointed
out that this issue was strictly dealing with moving one department's budget under another
department's budget, and this was not an issue of any particular "individual".
Mr. Reed stated that it was the job of the Council to legislate, set policy, and provide direction to the
City. He proposed that this was one step toward keeping the current City Attorney employed by the
City. Mr. Farr did not feel this action was good for the City or the right thing to do because, in part,
this was a part-time Council that did not have the time or the expertise to deal with administrative
issues. He believed the trend for the City was getting better and moving forward and feared this
action would interfere with the progress that has been made. Mr. Rollman stated he believed the
Council was doing what they had to do to retain a good Department Head, and has not seen any
information to justify or support her being forced to leave the City. Mr. McConnell decided that the
problem was not the Council, but the Mayor's dislike for the City Attorney.
Mr. Law supported this action before the Council, then explained why the Council wants to keep this
attorney, and second, what would happen to future Councils if the City loses this attorney. He
provided several significant examples why this City must do everything it could to retain this City
Attorney. He hoped the mediation efforts would take place in the next few days. Mr. Esser provided
his comments of support, emphasizing that this was a matter of "checks and balances".
#2318 M/S/C (Reed/Esser) Move to provide for the placement of the Legal Department's budget
under the City Council budget during the course of the Council review of the 2001-2002 Budget.
Voted in favor of this Motion: Shepherd, Esser, Reed, McConnell, Law, and Rollman
Voted opposed to this Motion: Farr
Abstained: Arends
Motion carried: 6-Yes; 1-No; 1-Abstention
9C - RETENTION OF THE CURRENT CITY ATTORNEY AS SPECIAL COUNSEL TO THE CITY
COUNCIL IN THE EVENT OF A PURPORTED SEPARATION FROM EMPLOYMENT (#AB00-268):
The City Council is considering the need to provide for the employment of the current City Attorney as
Special Counsel to the City Council, as provided under Section 25 of the City Charter. The need for
this consideration is based upon the opposing legal positions taken by the City Council and the Mayor
regarding the City Council's November 15 acceptance of the City Attomey's withdrawal of her
November 1 resignation, subsequent to the Mayor's November 2 acceptance of the City Attorney's
resignation. The proposed employment of the current City Attorney as Special Counsel would
become effective contemporaneously with the effective date and time of any separation paperwork
relating to the City Attomey's current employment. The City Council continues to maintain its
authority under the terms of the City Charter to accept the City Attorney's withdrawal of her
resignation.
TAPES #1734, #1735 & #173~,
City Council Reg. Mtg. Minutes
November 29. 2000
Page 4 of 7
Carlos Montgomery was concerned that this action would only provide a City Attorney to the Council
and not the whole City; Elizabeth Buell wanted the resignation withdrawn; Roy Mclnnis was
concerned that these actions taken tonight were "illegal"; Sherril Huff-Menees addressed this
motion in a broader sense, including how the public perceives the action being taken. She reminded
the Council that they must only deal with legislative issues, not administrative duties. Larry
Dickerson agreed with the previous comments and was embarrassed by these actions. Jerry Van
Fossen reiterated his opposition to this action. Tim Arnold provided a comment made by a
developer, who was looking at this area, that after reading articles in the paper, he was "glad he
would be locating outside the City limits because Bremerton was dysfuncfional." Gerry Peret
suggested both sides go through arbitration before these actions are taken. Paul Drnjevic supported
Glenna Malanca, however, he hoped an answer could be found through mediation. Richard Neff
believed there were a lot of "tactical" maneuvers going on, and therefore, agreed that mediation
should precede action such as what was before Council on this issue this evening.
Mr. Farr agreed, that mediation would be adventitious, and "implored" his fellow Council members to
step back, and remove themselves from any "personal issues".
#0182 M/F (Farr) Move to table this item for one week.
Motion failed for lack of a second.
Mr. Esser reiterated his previous comments that the Mayor is responsible is for carrying out the
policies set by City Council, and cautioned the public to not get all of their information from the
newspaper. He provided a recap of the events, which he believed led to this action before the
Council this evening. Mr. Rollman added that it takes both sides participating in good faith for any
mediation to work, which was an option offered by the Council, but the option was not accepted. Mr,
McConnell elaborated on earlier comments made regarding misinformation provided to Council by
previous City Attorneys. He clarified this as a "preventative measure" by the Council. He also
pointed out that the Bremerton City Charter designates that the City Council, not the Mayor, is the
only authoritative body to fire the City Attorney. Mr. Law provided an additional comment on the
mediation issue, clarifying that today was the first sincere offer made by the Mayor to accept their
previous offers of mediation. Mr. Shepherd stated this action was a contingency provision that will
only be enacted if necessary. Mr. Reed added that this action does not cost the City any money, and
reiterated that it is only a preventative measure.
#0670 M/S/C (Shepherd/Law) Move to provide for the employment of the current City Attorney as
Special Counsel to the City Council in the event of separation paperwork becoming effective relating
to the City Attorney's current employment. As Special Counsel to the City Council, Glenna Malanca
will become employed under the same terms and conditions, including office space and support staff,
as under her present employment. Her duties as Special Counsel shall be as assigned by the
Council President. A Budget Adjustment and Contract of Employment shall be considered by the
Council at its next regular meeting subsequent to the effective date of any separation papers relating
to Glenna Malanca's present employment. Until such Budget Adjustment, her position shall be
funded from the Legal Department's budget. The City Council stated for the record that they believe
City Council has the authority to accept the City Attomey's withdrawal of her resignation, and this
action is solely a preventative measure to avoid confusion regarding the current City Attomey's
employment status, which the City Council maintains is still the "City Attorney".
Voted in favor of this Motion: Esser, Reed, McConnell, Law, Rollman. Shepherd, and Arends
TAPES #1734, #1735 & #173b
City Council Reg. Mtg. Minutes
November 29, 2000
Page 5 of 7
Voted opposed to this Motion: Farr
Motion carried: 7-Yes; 1-No
10A- PUBLIC HEARING AND ORDINANCE (FIRST READING) REDUCING MAYOR'S
SPENDING AUTHORITY (#AB00-264): The City Council is considering the need to amend Chapter
2.76 of the Bremerton Municipal Code to reduce the Mayor and other employee's spending authority
in order to be more informed on the expenditures by the City. It was clarified that the ordinance was
amended to pertain only to professional services.
Carlos Montgomery was opposed to these actions, which he felt were the result of what only 5
members of the Council wanted. Dave Boynton voiced his concern that this limit to the Mayor's
spending authority would affect equipment. Ms. Malanca reiterated that this action would only affect
professional services. Larry Dickerson urged the Council not to support this action. Paul Drnjevic
provided comments in support of the Council and their approval of this item, but suggested a more
realistic limit of $5,000 rather than $1,000.
Ms. Malanca in response to previous comments, explained that professional services discussed are
very specifically defined in the Purchasing Ordinance, which include "consultants" such as
engineering, attorneys architects, or those holding a license to practice their trade. Mr. Esser, Mr.
Rollman, Mr. McConnell, and Mr. Law each provided comments in support of this action; balanced
by comments in opposition by Mr. Farr.
#1585 Amended-M/S/F (Shepherd/McConnell) Move to amend amount of professional services to $0.
Voted in favor of this amended Motion: Esser, Reed, and Shepherd
Voted opposed to this amended Motion: Farr, McConnetl, Law, Rollman, and Arends
Amended Motion failed: 3-Yes; 5-No
#1605 M/S/C (McConnell/Law) Move to approve the ordinance on first reading, amending Chapter
2.76 of the Bremerton Municipal Code and updating the City's purchasing procedures.
Voted in favor of this Main Motion: Esser, Reed, McConnell, Law, Rollman, and Shepherd
Voted opposed to this Main Motion: Farr
Abstained: Arends
Main Motion carried: 6-Yes; 1-No; and 1-Abstention
10B - PUBLIC HEARING AND ORDINANCE (FIRST READING) VACATING A PORTION OF "O"
STREET (#AB00-265): Jeff Shea, Senior Engineer, stated that a petition was provided by Dale &
Donna Dahl to vacate a portion of "O" Street from Oyster Bay Avenue to 279-feet east. A hearing
date of November 29, 2000 was set by the City Council on October 25, 2000. Posting of the hearing
notices, along with mailings to the adjacent property owners have been completed in accordance with
state law and the Bremerton Municipal Code. This right-of-way consists of an unimproved section of
right-of-way currently used as a vehicle access to the property. The furthest east section of this right-
of-way is a deep depression that contains water year round. The vacation is being requested by the
abutting property owners to improve the property for development. Specific items for City Council
consideration are outlined in the Staff Report. Visuals were shown, and it was additionally pointed
out that the property owner, Mr. Lachlan Munro, provided a written letter stating that he did not have
any objections with this vacation of the right-of-way.
There were no comments from the public.
TAPES #1734, #1735 & #173~
City Council Reg. Mtg. Minutes
November 29, 2000
Page 6 of 7
#1835 M/S/C/U (Farr/Reed) Move to approve the attached ordinance on first reading, vacating a
portion of "O" Street, from Oyster Bay Avenue to 279 feet East.
100 - PUBLIC HEARING AND ORDINANCE (FIRST READING) REGARDING ANNEXATION OF
THE REAL PROPERTY DESCRIBED WITHIN THE ADOPTED PORT BLAKELY SUB-AREA PLAN
(#AB00-266): Warren Olsen a consultant with this project, reiterated that the City of Bremerton,
Kitsap County, and Port Blakely Communities have cooperatively prepared and adopted a Three-
Party Agreement, which established certain terms and conditions relating to annexation of the Port
Blakely Sub-Area Plan, a large parcel of land (approximately 440 acres) located to the west of Kitsap
Lake. The City has amended its 1995 Comprehensive Plan and the Zoning Code in such a manner
as to facilitate annexation of the Port Blakely Sub-Area. Consequently, the City has received a
petition to annex the proper'h/from the developer and has forwarded the Notice of Intention of
Bremerton Annexation to the Kitsap County Boundary Review Board. Annexation of the property
implements the agreed upon provisions of the Three-Party Agreement. A letter from the office of the
Suquamish Tribal Attorney was distributed, which provided their testimony in opposition to approval of
the Initial Development Agreement between the City of Bremerton and Port Blakely. Lee Wyatt of
the Planning Department provided additional comments, and also addressed the questions regarding
the legality of this project. He established that it was legal according to the Growth Management Act,
which allowed Kitsap County to create this as a "joint planning area" with the City of Bremerton.
Carlos Montgomery hoped the citizens did not take the "population allocation" as absolute fact
because the City needed this type of growth. Donna Ostervahl also expressed her support for this
project. Helen Miller read a letter into the record to voice her concerns over this project, which
included her concern that it is unknown how much citizen tax money would be used for this project,
and questioned what benefit was this project to Bremerton. Mrs. Miller was asked to provide a copy
of her letter so that all of her issues could be addressed.
John Adams with Port Blakely Properties, clarified that the population allocation has already been
dealt with; then provided additional information to address road construction and maintenance issues;
and what the Development Agreement does and doesn't do, particularly regarding SEPA issues, in
response to the document received by the Suquamish Tribe.
Mr. Shepherd provided comments in support of this project, and pointed out that it was a "model"
project. Mr. Reed clarified that the issue of access will still be studied in the future, and was not
included in this document. Mr. Farr commented that he was proud to vote in favor Of this action.
#3715 M/S/CIU (Farr/Reed) Move to approve ordinance on first reading, annexing 440 acres of real
property commonly known as the Port Blakely Sub-Area, pursuant to the direct petition method set
forth in R.C.W. Chapter 35.13, describing the boundaries thereof; requiring said properties to be
assessed and taxed at the same rate and basis as the other property within the City; and fixing the'
effective date of said annexation.
John Law left the meeting at approximately 9:00 P.M. and was not available for the following vote.
10D - PUBLIC HEARING AND ORDINANCE (FIRST READING) REGARDING ADOPTION OF
INITIAL DEVELOPMENT AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS THE
PORT BLAKELY SUB-AREA PLAN, WHICH ESTABLISHES A MIXED USE DISTRICT (MXD)
ZONING CLASSIFICATION FOR THE PROPERTY UPON ANNEXATION (#AB00-267): Warren
Olsen a consultant with this project, reiterated that the City of Bremerton, Kitsap County, and Port
Blakely Communities have cooperatively prepared and adopted a Three-Party Agreement, which
TAPES #1734, #1735 & #173,.
City Council Reg. Mtg. Minutes
November 29, 2000
Page 7 of 7
established certain terms and conditions relating to annexation of the Port Blakely Sub-Area Plan, a
large parcel of land (approximately 440 acres) located to the west of Kitsap Lake. The City has
amended its 1995 Comprehensive Plan and the Zoning Code in such a manner as to facilitate
annexation of the Port Blakely Sub-Area. Consequently, the City has received a petition to annex the
property from the developer and has forwarded the Notice of Intention of Bremerton Annexation to
the Kitsap County Boundary Review Board. Adoption of the Initial Development Agreement and
classification of the Port Blakely Sub-Area is a Mixed Use District (MXD) zone upon annexation
implements agreed upon provisions of the adopted Port Blakely Sub-Area Plan and the Three-Party
Agreement. In closing, the content of the document was briefly summarized.
Helen Miller clarified that the letter from the Suquamish Tribe was made a part of the official record,
then raised questions regarding the recent ruling on Chico Creek. Warren Olsen responded that the
letter from Suquamish Tribe was handed out during the previous issue. He responded that he was
not familiar with the ruling on Chico Creek, however, but noted that substantial studies would be
done, Mr. Adams noted that he was familiar with a possible ESA ruling on Deer Creek, once rules
are established next year, all projects must then comply with those rules.
#0175 M/S/C/U (McConnell/Reed) Move to approve ordinance on first reading, zoning the site
commonly known as the Port Blakely property upon annexation as authorized by the City's
Comprehensive Plan by Ordinance No. 4722; applying the "Mixed Use District" (MXD) zone
classification for the site as established by Ordinance No. 4723; and adopting an Initial Development
Agreement as part of the site specific zoning.
With no further business, meeting concluded at 9:10 P.M.
CAROL ARENDS, City Council President
City of Bremerton
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