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HomeMy WebLinkAbout04/19/95TAPE #1282 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES COUNCIL APPROVED MAY 10 APRIL 19, 1995 #0010 #0027 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, April 19, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, A1 Colvin, Morris Dawkins, Carlos Montgomery, John Law, Richard Neville, David Farr 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 Huff-Menees and Invocation given by Pastor Ron Anderson of Manette Community Church. CONSENT AGENDA A. Minutes of Meeting - March 29, 1995 #AB95-081 M/S/C/U(Neville/Dawkins) 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 April 19, 1995, the Council does approve for payment those vouchers included and further described as follows: 183917 through 184053 in the amount of $149,037.23; and Regular Payroll for the period ending April 15, 1995, in the amount of $564,715.34. COUNCIL MEMBER REPORTS Mr. Overson reported on Monday evening he attended an interesting meeting on growth management and was not sure where it stands following recent Legislature votes. Mr. Law thanked those who attended the District #3 monthly meeting on Tuesday evening, and appreciated their input so he can be sure he is representing the people in the District and the City. He asked the City Attorney to comment on passage of Initiate 164 and the affect it will have on the City of Bremerton? Ian Sievers, City Attorney, referenced the recent Resolution passed by the City Council supporting the vote of the public to determine if there was a threat of public policy , however this legislation clearly did implement that action. The main problem with the legislation that was passed is its vagueness even in its simplicity that it will TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 2 of 19 engender endless litigation in defining its limits and terms. And, this legislation is much more expensive, not only to pay for any regulation that impacts private property short of controlling a nuisance, but even apart from that direct payment to landowners in passing our regulations there is insufficiencies in the process. For example, now you will have to do an economic impact statement similar to an environmental statement, but there are no exceptions for minor impacts from regulations written into the legislation, like there is in SEPA, and there is no mitigated DNS or categorical exemptions. It will entail a lengthy process and 30-day comment period for every regulation no matter how insignificant an impact on private property. Another problem with the legislation is that it was passed without consideration of its conflicts with other State legislation. It directly conflicts with all of the Building, Fire and other Safety Codes that are mandated by the State, and it directly conflicts with the Shorelines Management Act. As Mr. Overson stated, it probably directly conflicts with the Growth Management Act and even SEPA itself, which has some substantive provisions to control uses of land. He views it as a little bit of a quandary/mess and does not believe it is to the advantage of the public sector. There was a strong letter of opposition to that legislation written by the Executive Committee of the State Bar Association (Environmental/Land Use Section), which he is a member along with a number of public sector attorneys and private sector developer attorneys. He acknowledged the efforts to collect enough signature from the public to get the issue placed on the Ballot, but if that fails, it will be necessary to do a more refined assessment of where the City stands with various codes. Mr. Montgomery announced Districts #6, #7, #8 will hold a combined District meeting on May 4, 1995, 7:00 P.M., at the Bremerton School District Office/Montgomery Avenue. The program for that meeting will be "District Residents' Concerns". Mr. Dawkins stated he was appalled over the bombing of a Federal Building in Oklahoma City and the loss of so many lives. Mr. Colvin reported he also attended the Monday evening meeting on growth management. He did not hear any speakers, at that meeting, say they were thrilled over the City suing the County and the County suing the City...wasting taxpayers money. Mr. Winters reported he visited the new office of the USS Missouri Commemorative Committee, located on 4th Street. He hopes the community will volunteer and pull together for activities scheduled for the 50th Anniversary of the ending of WWII in September. Mrs. Huff-Menees thanked Kitsap Mental Health Agency for their hosted lunch and tour of their facility this week. She was truly TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 3 of 19 impressed with how much Kitsap Mental Health had grown and the high level services they provide for the community. MAYOR'8 REPORT Mayor Lynn Horton reported on Tuesday she attended the opening of the Electronic Communications Regional Center, located in the old Hearthstone Restaurant building. She encouraged the public to tour that facility, which she found to be most impressive. One of the functions of this group is to help businesses and other governmental entities get on the Information Highway. Also available is computer technology to develop designs, products, etc., as well as have the capability to scan information directly into computers. Mayor Horton reminded everyone of the Earthquake Drill scheduled for April 26th. As part of that drill, City Hall will be closed from 9:00AMto 10:00 A.M., and everyone will be evacuated from the building during that closure. Mayor Horton reported she spent Monday and Tuesday, along with several of her Department Heads, managers and some employees, in Labor Management Training. She found this training to be very good in that it opened lines of communication and showed ways to deal with inherent conflicts in labor management. Later on, additional training will be provided for all remaining employees and City Council members. PUBLIC RECOGNITION Rachel Ketchum, 4321 West "C" Street, stated she was opposed to the City taking action to condemn properties near the sewer treatment plant. She has lived in that location since 1959, and invested all her assets into home improvements. She is widowed, disabled and a senior citizen and she cannot start all over again, if her property is condemned by the City. Due to her disability, she cannot work to bring in additional income. She stressed it is not the resident's fault that the sewer treatment plant has a problem with odor - that is the City's problem. She did not feel they should have to suffer more than they have already have from the condition of that area due to the odor problem. It concerned her that people are more concerned about the "spotted owl" than they are about one another. Legislators are fighting over the protection of the spotted owl, but no one is fighting to make sure people's homes are not taken away. She has many memories of her husband within her home, which she does not want to give up. She urged the Council and Mayor to think about what she is saying. Don Larson, President Washington Scuba Alliance, reminded everyone of upcoming Sinclair Inlet Clean Up and Marine Fair on Saturday, April 22, 2:00 P.M. TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 4 of 19 7A - PROFESSIONAL SERVICES AGREEMENT TELEMETRY UPGRADE -- WASTEWATER TREATMENT PLANT AND PUMP STATIONS, #AB95-082 Wastewater Pump Station CE-1, located at the end of Park Avenue, has a programmable logic controller (computer) system that controls all pumping and alarm functions. This system has experienced numerous failures resulting in wastewater overflows to the Port Washington Narrows. Replacement of the existing computer and software system is needed. This task is complementary to the 1994 Water and Wastewater Instrumentation and Controls Report prepared Technical Systems Incorporated (TSI). This task is included in the Wastewater Utility's 1995 Capital Budget. The professional services agreement provides for the design, purchase, and installation at a cost of approximately $22,452, including sales tax. John Poppe, Wastewater Manager, stated he would standby for any questions Council might have. Public comment - none. Mr. Overson asked if the $22,452 will solve the identified problems? Mr. Poppe stated it will eliminate the potential we have right now. The instrumentation and control package is antiquated at best and causing difficulties in finding replacement parts; and the hardware does not support what is really happening in the station. This proposal will reduce the potential of overflows or problems later on. Mr. Overson asked if this proposal came with any kind of warranty on a long-term reliability factor? Mr. Poppe stated yes, the warranty period is one year on the software itself and two years on the hardware. He emphasized this product is an industrial type application that has proven successful in other cities and is a typical installation for this type of pump station. Mr. Overson noted two years is not a long time and asked how long Mr. Poppe thought it would last? Mr. Poppe stated the actually package should last the City another 10 years. Mr. Colvin asked the City Attorney what recourse the City had if the proposed equipment failed? Ian Sievers, City Attorney, stated the City would enforce the warranty or guarantee if it fell within that time frame, and would expect the item be replaced at no charge to the City. Mr. Colvin asked if the company supplying the product was financially reliable? Mr. Poppe explained the supplier is a large corporation that has been in the Puget Sound area for at least 30 years, and is well respected. Mr. Farr stated he assumed the subject firm has already conducted #0797 TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 5 of 19 an extensive site check and, at the price quoted, includes taking the plant from its current condition, installing equipment and testing to make sure it is completely operational. He questioned if the possibility existed that other equipment within the pump station might be incompatible and require further upgrading, or has all that been factored in by site visits? Mr. PODDe stated that has already been factored in by site visits and some modifications were made prior to the item coming before Council. In the fall of 1994, the supplier physically inspected the station and disclosed that they had actually installed some of the original equipment/ hardware in the mid 1980's, so they are very familiar with the site and past drawing. He does not foresee change orders because of "unknown" conditions popping up. Mr. Neville questioned if he understood correctly that the pump stations are check weekly? Mr. Poppe stated such inspections are conducted two times per week. Mr. Neville asked if was correct that if a circuit fails for some reason and there is an overflow into the Narrows, the City could be charged with a $10,000 per day fine? Mr. Poppe stated if you know that you don't have the proper equipment and corrections are not made to upgrade or improve the situation, and it is negligence through no action at all, then such a fine can be levied. He emphasized in this instance the City is taking proactive measures to correct a situation that is not getting better due to unavailability of parts. Mr. Dawkins asked if the subject pump station was located at the north end of Park Avenue? Mr. Poppe stated yes. Mr. Dawkins asked if the proposed improvements would help the sewer odor problem that occurs near the entrance to Evergreen Park? Mr. Poppe stated not on this particular project. The upgrades to the sewer system that will be undertaken this summer and fall will deal specifically with that issue. All of the controls and alarm systems on the new odor control devices have been set up to tie into this telemetry control system. M/S/C/U(Montgomery/Winters) to approve the professional services agreement with Technical Systems Incorporated of Lynnwood, Washington, in the amount of $22,452, and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. 7B - CONTRACT FOR PROSECUTION SERVICES, #AB95-083 Proposals were received in response to the Legal Department's request for proposals for prosecution services. Two bids were within a range that made contracting cost effective, and these firms were interviewed by a selection panel. It is recommended that the bid proposal submitted by the Kitsap TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 6 of 19 County Prosecuting Attorney be accepted for a two year contract beginning at an annual rate of $124,732.25 adjusted for actual labor increases in calendar years 1996 and 1997, and with an initial start-up computer acquisition of $8,300.00. This bid represents economies of scale and depth of resources, including networking to a county-wide criminal history database, and is the best overall value for the City's criminal justice program. Ian Sievers, City Attorney, reviewed the selection process on this part of the litigation services: A request for qualifications was issued and several law firms responded to the City's demand for Prosecution services. The Mayor and several Department Heads reviewed the Applications of Qualifications and narrowed the list down, but still ended up with seven firms. Those seven firms were then asked to submit bids for Prosecuting services for the City, and as a part of that process a pre-bid submittal meeting was held with the prospective candidates to discuss the City's expectations under the contract and answer any questions the bidders might have about what was expected. The bidders then submitted fixed cost bids, which was requested because of the volume of work rather than an hourly rate. Seven firms responded with bids, which were again reviewed with their depth of qualifications, and the lowest two bidders were run by an interview panel comprised of himself, Kathleen McCluskey for the Court, Mayor Horton, Police Chief Du Fresne, Captain Hatfield and Councilman John Law. The interview panel's recommendation to Council is to enter into an Interlocal Agreement with Kitsap County for Prosecution services and support of the City's Police force. In reference to the newspaper article that came out earlier this week, Travis Baker, reporter for The Sun, had not had the opportunity to check the story with him due to Mr. Sievers being at the pre-hearing conference on the Growth Management Appeal. There was some discussion in the bid by the Prosecutor of some disparity figures on dismissal rate. That was reviewed when the bids were reviewed and it was quite clear he was setting up a percentage of two numbers that were not the same. The City Attorney's Department statistics track cases that come in, contested cases, Jury trials, Bench trials as the best indicator of volume that his department has to deal with. When it comes to dismissals, they address each count and decide how it is dealt with, either dismissed or maybe dismissed in conjunction with a guilty plea on another count. However, the point is each case or each Jury trial or Bench trial quite often has more than one count. They went through and tried to bolster the number of Jury trials and contested cases and felt their percentage of counts compared to the total counts that came in were closer to 22% for 1994. Another interesting factor in the proposal from the County is the TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 7 of 19 Officer review for charging and attorney review before charges are issued on non-traffic criminal cases. Over the years in his department, they have narrowed the kinds of review to about six and all others are charged by the officer, but it becomes a contested case and a charge before it comes to their office and typically they review those with an attorney perspective as to whether or not they can prove guilty beyond a reasonable doubt. Hopefully, most of their dismissals come at that earlier point. Some things that appear as dismissals in the City's system would never have been charged in the first place in the County's system. The County is willing to adopt that system for the City's prosecution program. He felt the City's process was preferable because it was an apparent savings in resources, however, if the County is willing to provide that service at the quoted price, he felt it was a "good deal". Russell Hauge, Kitsap County Prosecutor, stated he did not have any prepared comments other than the arguments he made in the County's bid proposal package. He would standby for any questions. Mr. Farr asked what kind of system would be used in assigning individual attorneys to handle cases relating to Bremerton? Also, would the City receive assurance that they would be getting attorneys at a level of experience that would assure us of the best results? Mr. Hauge stated the Bremerton Municipal Court prosecution will be run as an adjunct of the Prosecution services they provide Kitsap County. Management of that case load would come through the system he now has in place, which was implemented in January of 1995. His office has been divided into two divisions to deal with criminal cases in Kitsap County - Case Management Division functions as a charging unit and the discovery unit, if the Case Management officers' or lawyers' obligation extends to taking a guilty plea. If the defendant does not want to take a guilty plea, then generally they have an avenue to amend the charge upwards and turn it over to the Trial Division for trial. In the Courts of Limited Jurisdiction, which would include Kitsap County District Courts and Bremerton's Municipal Court, the administration of this program is handled by Jeff Jahns, who is a senior Deputy Prosecutor and brings with him 15 years of experience in Courts Of Limited Jurisdiction, Court of Appeals and General jurisdiction. He is the supervisor for this unit and would be supervising four people, one of which would be Matt Clucas, however, most of the assignments would be handled by Mr. Jahns himself. He assured Council the City's Prosecution services will be treated just as they treat the cases in Kitsap County. They have made a commitment to detail a senior person to "bird dog" these cases, which is different than what took place in the Prosecutors Office prior to January 1995. TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 8 of 19 Mr. Law stated having sat in on the selection process, he felt very positive about the County's commitment to have "specialist" handle cases, such as drunk driving. He asked Mr. Hauge to explain the systems that will be linked between the City and the County Prosecutor's office? Mr. Hauge explained Kitsap County has a computer system - Law And Justice System, which serves the needs of the County Sheriff's department, District Court, Superior Court and the Prosecutor's Office. All cases handled by the Prosecutors Office are logged into this system and are available for "look up" to see how many charges a particular person has faced in Kitsap County when they start to deal with them. The major reason he is interested in committing his office to Bremerton, is so they can take 4,000+ cases that come through the Bremerton Municipal Court and. add them to that database. As of January of 1995, they have shared this information with the Sheriff's office and found the Prosecutor's office is the only central repository for this kind of criminal justice information in Kitsap County. They have database information for all felonies and by adding Bremerton's Municipal Court prosecution database they will know about more criminal activity and be able to share that information with the Bremerton Police Department as well. Mr. Law stated it appears there will be less of a problem of conflict for the public. Also, he understands there will be an attorney available 24-hours a day on a consultation basis in the event a patrolman or Police Sergeant needs to seek legal advice. Mr. Hauqe stated Mr. Law was correct and that service exists now if an officer is making a felony arrest through the Prosecuting Attorney's Office. That service will be extended for any contacts that look like a misdemeanor from the outset. Mr. Law noted there is a caveat that this agreement can be terminated with four months notice. Mr. Hauge stated he understands that is part of the contract. Mr. Overson stated in seeking some determinate of quality of service he asked Mr. Hauge if he had a measure of effectiveness for his office that would indicate a success factor? Mr. Hauge stated that is being developed and it is his position that you cannot look at a one-loss record to determine how efficient or successful you've been. As of January of 1995, a database was started that can be measured on several different parameters, in particular, he is interested in whether cases are being charged appropriately and the measure of that is when they charge a case are they obtaining a plea of guilty to that charge? Or, if they end up taking a case to trial, are they getting a conviction on that charge or a more serious charge? If they are doing their job right, they should be able to answer "yes" to both of those questions. 'His intent is to make this database available to the public. Mr. Overson asked Police Chief Du Fresne if he could work compatibly with the County Prosecuting Office? Chief Du Fresne stated yes, and they have already reviewed their documents for charging and their standards TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 9 of 19 as they relate to felony cases. Those same documents and qualifications now apply to misdemeanor cases and he felt that degree of continuity will be beneficial. At the time the whole process of contracting out services got underway, input was requested from City Patrol Officers. One of the concerns raised by the Patrol Officers was the issue of on-line available support and a joint database. He noted those two needs will be very adequately provided as part of this contract. The Patrol Officers appreciated being asked about the kind of support they would like since they are closest to the work. ME. Overson asked Chief Du Fresne if felt the "link" with the database information would also be beneficial? Chief Du Fresne stated he agreed with Mr. Hauge's comments about having additional information in the database. Now, it is a matter of .checking a number of different databases before having the complete history on a misdemeanor and with the proposed linkup that will be reduced to one step. Mr. Fare asked if the database information and linkups to the Law And Justice system are available to the City only under the Prosecution services contract? Chef Du Frense stated he believed they might have been available, but there may have been the need to negotiate another kind of agreement to gain access to them. Mr. Colvin asked Mr. Hauge if the attorneys assigned to the City's work would be located in Bremerton? Mr. Hauge stated most days of the week they would be working out of the City's Attorney's office. One attorney will be working on processing the cases and another attorney will be handling the case before the Court. How many attorneys on how many days will depend on how the schedule is worked out with the Court. He also intends to have a staff person in Bremerton every day, at least at the beginning, until they get a handle on the workload. Chief Du Frense stated another aspect of this contract that appealed to the Police Department, particularly to his managers, is the chance to have the breadth of expertise in their department to do in-service training on misdemeanor issues with the City's Police Officers. He stressed the importance of improving miss-communications and conflict with citizens over mishandled misdemeanors. Another added benefit of this contract is having good and consistent guidance from people with expertise in such things as DUI offenses, domestic violence and conflicts between citizens. He noted the other firms interviewed had very high qualities, however, they did not have a 28-person staff with this variety of experiences. Mr. Fare asked what screen out factor was used to narrow the number of firms making the interview process? ME. Sievers stated the monetary concern was important and the Agenda Bill was slightly incorrect in that the $124,000 includes the start-up computer costs and the City will look to negotiate that in-house rather than pay #1656 TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 10 of 19 the County to install the equipment. Above that figure, the next bid would be talking a substantial amount of money over the cost that the City would be able to fund it in-house, which was one of the criteria set out to keep the cost of those services within the realm of what it costs in-house. On the issue of information sharing, he sees this as a good example of regional services and some of the depth of expertise that is inherent in a large County Prosecutor's Office where they have a career ladder and can retain expertise verses the City's salary scale where people turn over every year or two on the average. He was pleased that the two firms that came in at the low end were some of the best qualified firms. Kelley Rhinehart was the other firm and he had past experience serving as the City's prosecutor as well as a defense attorney for conflict cases and was very familiar with the City's court system and Police Department. Mr. Farr asked if Mr. Sievers would have any coordinating function or input under the Prosecution contact? Mr. Sievers stated yes, it is still a contract with the City. The Supreme Court stipulated that the City's interest in prosecution or decisions on what things to prosecute or when to dismiss cases have to do with the strength of the case, but also things like the deterrent value and the budget allocated and the jurisdictions own enforcement priorities. That point was brought out to both of the firms interviewed and the City does have some different emphasis on City enforcement. The City does have some ordinances that are unique and some of the City's offenses are not state-wide offenses that are unique to urban densities. Mr. Hauge has indicated he is willing to take direction on enforcement programs that are important for the City. He foresees having ongoing contact with Jeff through weekly meetings. M/S/C(Dawkins/Colvin) to approve execution of an interlocal agreement with Kitsap County for prosecution services consistent with the City's Request for Proposals and the County's proposal. Vote on motion: Motion carried. In Favor: Abstain: Law, Huff-Menees, Montgomery, Dawkins, Colvin, Winters Overson, Neville, Farr 10A - PUBLIC HEARING ON LOCAL GOVERNMENT REDISTRICTING, #AB95-086 By State law, the City is required to periodically redistrict based upon population information from the most recent federal census. The last redistricting effort was in 1985. Due to population fluctuation between districts, annexations and military personnel impacts, the percent deviation between districts'has increased to a level where redistricting is necessary. In order to maintain the integrity of the redistricting process, an outside consultant has been hired. The Central Puget Sound TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 11 of 19 Economic Development District will perform the task in an objective fashion taking into consideration the following: 5; 6. Potential annexation growth areas, including Rocky Point The effect of Military Home-porting Each District shall be as nearly equal in population as possible to each and every other District Each District shall be as compact as possible Each District shall consist of geographically contiguous areas Population data may not be used for purposes of favoring or disfavoring any racial group or political party To the extent possible, the District boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest We are required to hold at least one hearing before adoption of the plan, and there is a forty-five day appeal period. The schedule is as follows: April 19, 1995 April 26, 1995 May 3, 1995 June 18, 1995 Public Hearing First Reading of Ordinance and Public Hearing Second Reading of Ordinance End of 45 day appeal The County must update their voter records prior to the first day for candidates to file for office which is July 24, 1995. Mr. Law expressed his concern that the public did not have an opportunity to view the new maps showing the redistricting due to their only arriving late Tuesday afternoon. He asked that a second Public Hearing, on the proposed redistricting, be scheduled in order to give the public ample time to review the recommended changes. He recommended having a second hearing on April 26 and first reading of the ordinance on May 3,second reading of the ordinance on May 10, with the end of the 45-day appeal on June 25. Such a change would still meet all requirements for filing and election dates. Mr. Colvin asked the City Attorney to comment on Mr. Law's suggestion. Ian Slevers, City Attorney, noted Mr. Law's concern is having full public participation and additional public hearings, which is appropriate if Council chooses to hold such hearings. President Huff-Menees asked if that request needed to be in the form of a motion? Mr. Sievers stated no, Council has the right to set its own calendar and Agenda. Bill Huntington, Central Puget Sound Economic Development District TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 12 of 19 (CPSEDD), introduced the Chuck Ede, Executive Director of the CPSEDD, and Richard Barrett of the CPSEDD. He pointed out the redistricting was done in accordance with Washington State RCW Title 29.70 - Redistricting Local Governments. By law, all population data is based on the most recent U.S. Census - 1990. Also, the districts are made up by the population count and has nothing to do with the number of registered voters. The City's population count is 38,570 and the average Council District polDulation comes to 4,286. They kept the population numbers below the average to absorb the possible annexation of Rocky Point. He stressed districts need to be kept compact, however, it must be developed according to population. They were challenged to see that each district consists of geographically contiguous areas, which they were able to achieve except for one little island. And, whenever possible they had to see that it coincided with existing recognized natural boundaries; and when possible to preserve communities of related and mutual interest. Mr. Huntington noted the main natural boundary for Bremerton is the Port Washington Narrows and due to the large number of people in East Bremerton, it was necessary to extend part of District #5 into the Harrison Hospital district. The reasoning behind that change was to keep the Manette area as an area that has the same interests and problems. They took into consideration potential growth areas, with the Rocky Point area the most likely to be annexed into the City. He noted Districts #4 and #5 are the least likely to grow due to their boundaries. In regard to the affect of military ship movement, the U.S. Census Bureau has laid out specific laws on how that population is followed and must be counted on Census Day, which is April 1, 1990 and the next one being April 1, 2000. It was noted that the City Council had the opportunity to provide input, however, none was received. Mr. Huntington referenced Table I - Current Districts/Populations and Deviations and Table 2 - Proposed Districts/Populations and Deviations. Before this redistricting took place, there was a deviation of 52% from the top of the chart to the bottom and the new proposal has brought that figure down to 18%, which is well within the law. The revised figures puts District #4 with the largest population - 4,670, which is 384 over the average (currently the largest district is 1,012 people over the average). District #6 will be the smallest having 403 under the average (currently the smallest district is 1,214 under the average). Del Knauss, Olympic Avenue, stated he felt redistricting was past due, however, it does not go far enough. Under the Revised Code Of Washington, the City Council could reduce the number of Council members from nine to seven. He believed there would be great public support for such action and there is sufficient time prior to the election to take the necessary steps to make that happen. TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 13 of 19 Elizabeth Bus11, High Avenue, pointed out an error on the proposed redistricting map...the Port Washington Narrows was not shown as "water". Mr. Huntington explained that particular area was colored in my mistake. Mr. Overson stated one chart he was hoping to see was a comparison of population with voters, which he believes is a very pertinent piece of information. He pointed out many individuals from other p~rts of this nation vote by Absentee Ballot and will not be voters in the City of Bremerton thereby their population may or may not influence. Mr. Huntington explained, under the law, political beliefs and racial groups cannot be considered when redistricting. Mr. Overson questioned for clarification if Mr. Huntington was saying voter registration is a political belief. Mr. Huntington stated voter registration cannot be considered when redistricting, it is strictly by population. Mr. Colvin questioned for clarification if the redistricting process involved reducing the number of Council members from nine to seven? Mr. Huntington stated no. Mr. Overson stated relative to Mr. Knauss's concern, it is a very interesting point and he believed it would be legal for Council to take such action. However, he also believed such a change was proposed to the voters at the last election and they chose not to downsize the City Council, therefore, he would not go over that action. Mr. Winters asked other than the reduction in expenses by reducing the number of Council members, what were Mr. Knauss's reasons for suggesting such a change? Mr. Knauss stated considering Bremerton's population many people feel nine Council members are too many and that it brings about times of confusion that go on during Council deliberations. He noted what was before the public at the election referred to by Mr. Overson was a lot more than just changing the number of Council members. Another issue that Council needs to look into has to do with increasing their monetary compensation. Mr. Colvln stated many people have shared their views with him that the Council is too large and should be reduced. Mr. Law asked the City Attorney if reducing the number of Council members was an option for the Council to act upon? Ian Sievers, City Attorney, stated such action would require a Charter change. He believed an option would be to go to a Code City and that could be done by Resolution, subject to a referendum.' There are all kinds of options to change the Charter and get to a smaller sized Council. Mr. Law questioned for clarification if Mr. Sievers was saying we would have to go to the public before Council could make the change to seven? Mr. Sievers stated he thinks Council could do TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 14 of 19 it by Resolution and it is subject to a mandatory waiting period so that a Referendum can be brought forward on the ballot. Mr. Law asked if he understood correctly that such a change could not be made without going to a Code City? Mr. Sievers stated he believed that to be true. If Council desires to remain a non-Code First Class City any change to the Charter must go on the Ballot for a vote of the people. Mr. Law noted then we're opening a lot more than just changing the number of Council members, if such a change is desired. Mr. Winters stated he found it very entertaining and very important that 42% of those in District #9 are people under the age of 18. He has received a number of calls about sidewalks down the street from Kitsap Lake Elementary School, now he knows the reason for that concern. President Huff-Menees commended Mr. Huntington for the redistricting proposal. Mr. Neville asked Mr. Huntington if he was allowed to obtain information and data from the City's Planning Department for this proposal? He noted the proposal was based on projected populations for Districts #6, #7 and #8, and set up those districts as the only areas to absorb future growth when in fact, according to the Growth Management Act, the City will be doing a lot of in-filling within the existing City Limits. Mr. Huntington explained they had to allow for the possible annexation of Rocky Point, which is the only place they were given instructions that such activity should happen. The populations are not projected, but actual Census figures from the U.S. Census Bureau. They did meet with the Planning Department and Kitsap County to search out information. President Huff-Menees restated for the public's benefit the issue of Redistricting Council Districts will again be heard on April 26 (Public Hearing), May 3 (Ordinance -first reading); May 10 (Ordinance (second- reading). Mr. Law noted the end of the appeal period will be June 25, 1995. 8A - ORDINANCE (FIRST READING) AMENDING UTILITY REGULATIONS ON LATECOMER'S AGREEMENTS, FRONT FOOTAGE FEES, AND APPEALS, #AB95-084 The proposed ordinance adopts the State limit of 15 years for reimbursement to developers who install utility system improvements. The current ordinance limits reimbursement to ten years. It is believed the longer reimbursement opportunity would encourage development where private funding of utility main extensions is necessary. The ordinance also clarifies the status of properties connecting to mains installed under a reimbursement agreement in regard to TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 15 of 19 payment of front footage fees. The obligation to pay front footage fees after a reimbursement agreement has expired is reinforced. Finally, the administrative appeal for decisions regarding utility billing was revised. Current code allows appeals to the Utility Department on any decision, but limits further administrative appeal to water shut off. When the stormwater rates were adopted, Council had a concern that impervious surface assessments and other s~ormwater billing disputes could be appealed. The amendment extends the appeal to any utility billing dispute. Ian Sieve:s, City Attorney, stated Mr. Sampley, Director of Public Works and Utilities was not able to be at this meeting, therefore, he would answer any questions Council might have on this issue. The language changes that are shown in the text of the ordinance do reflect the stated purpose as identified on the Agenda Bill. A couple of latecomer issues arose recently with the latecomers' negotiation on the extension of sewer on Werner Road and the City agreed that a longer recoupment period would be of benefit to the City. Some unclarity was also noticed on the fee collection scheme when latecomer agreements were used initially to develop mains. The appeals process is fairly straightforward and something Council was interested in seeing, especially since the Stormwater Division of the Utility Department, under the old appeal mechanisms, seemed to cut off disputes on decisions relating to impervious surfaces and stormwater. Public comment - none Mr. Dawkins stated having worked with builders, he is aware of lots of things go into development and obviously the 15-year term will make a big difference. Mr. Farr asked if the proposed ordinance would affect the rates of someone who owned a lot in the City for a long period of time and had water and sewer connections in the street in front of their property and as part of in-fill developed the lot and connected to those services. Or, would it only affect the ones within the previous 10 years, or now proposed 15 years, from development? Mr. Sievers stated if the main in from of someone's property was originally installed through a latecomers agreement and they already have service connections, they would have paid that benefit assessment, similar to a U.L.I.D. assessment. If it was a City installed main, again they would have to pay their front footage fee, but if they increased the density to their property they may pay an increased General Facilities fee at that point. Mr. Law referenced the reimbursement dispersal, particularly as it related to the recent project just west of Auto Center. He did not #3012 TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 16 of 19 see anything in the proposed document that will disperse the monies collected from new connecting owners by the proportion of the monies expended, i.e., initially that was to be a 50-50 split and ended up being a 50-100 split. Where within the document does it say the city will have the same proportionate reimbursement? Mr. Sievers referenced Section 15.01.090, which addresses reimbursement, and is discussed on a general basis. That section talks about the City's 15% Administrative Fee, which is taken off the top of collection of that reimbursement period. In general, it talks about reimbursement to the developer. As part of the recent sewer extension on Werner Road, the proportions were worked out by the City and developer within the agreement. They are not inconsistent with the powers to collect from other property owners, which are set forth in the ordinance. The specifics on who gets what percentage are really contained in the latecomers agreement, which was submitted to Council. Mr. Law stated he wanted assurance that the proportional reimbursement will not stay at the 50-50 figure and the City will be renegotiating that contract with that particular developer. Mr. Sievers stated he believed the last contract to come before Council, after the price increase and adjustments to fund that project, did not reflect a 50-50 reimbursement distribution of latecomers fees, but that it was proportional to the amount of funding put in by the City and the Developer, so the City would be receiving the larger share. He will provided Mr. Law a copy of that agreement at a later time. M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading, amending utility regulations to extend the reimbursement period for developer on system improvements and clarifying administrative appeals from utility actions; and amending Title 15 of the Bremerton Municipal Code. 9A - RESOLUTION NO. 2510, FOR ASSUMPTION OF ROCKY POINT WATER DISTRICT ASSETS AND INDEBTEDNESS, #AB95-085 The proposed resolution makes a choice allowed by State law to assume the indebtedness, along with all real and personal property, of a water district annexed entirely into the City. Unincorporated Rocky Point is scheduled for a May annexation election and is currently served by the Rocky Point Water District. This District has levied assessments to pay debt service on water system improvement bonds in the amount of $1 million. The City would receive these funds for use in rebuilding the water system on Rocky Point, and under the resolution would assume the debt service and pay from the City water fund, rather than assessing property owners in the former district. It has been the practice of the City in the past (e.g. Jensen Water District and Kitsap Lake District) to dissolve water districts upon TAPE #1282 City Council Reg. Mtg. Minutes April 19, 1995 Page 17 of 19 annexation into the City, with assets, as well as outstanding debt on the district's asset, assumed. Improvements to these systems after annexation, as with other infrastructure improvements and upgrades to the City water system, are funded after annexation from water rates. It is proposed to continue this practice so that new City residents on Rocky Point would enjoy the same rights and privileges of other residents. Rfch Hanna, City Treasurer, stated the Rocky Point Water District currently serves the majority of the unincorporated area commonly referred to as "Rocky Point". He noted their service area does not entail the entire area that remains unincorporated. The voters of that district recently authorized the issuance of an unlimited tax General Obligation Bonds to raise approximately one million dollars to carry out a plan of improvements to the infrastructure of the Water District. The issue being presented to Council is the City is stating publicly that upon assumption of the assets, debts and excess property taxing authority that the district currently has, the City would assume the one million dollar indebtedness and choose not to exercise that excess taxing authority, but would meet those debt service obligations over the life of that General Bond issues from water rate revenue. Public comment - none. Mr. Colvin asked if he understood correctly that the City of Bremerton provides water to the Rocky Point area? Mr. Hanna stated yes, the City currently provides water, customer billing, as well as maintenance under a contract that dates back to the 1960's. TAPE #1283 Mr. Oolvin asked Mr. Hanna what the City grossed from that contract? Mr. Hanna stated he did not have that information, however, there are approximately 600 households served by the Water District. Mr. Colvin asked if the water rates were the same for those living in the Rocky Point area as those in the City? Mr. Hanna stated no, they are the same as all residents of unincorporated Kitsap County that are not part of an organized district and are 150% of City rates. Mr. Montgomery asked if this proposal is approved, would the rates go down or would they stay the same? Mr. Hanna explained the water rates would go down if the annexation ballot measures is approved. The issue is really how we would pay off that million dollars of outstanding General Obligation Bonds. Mr. Law stated looking at the bond debt service the interest rates are just about at current rate. The residents of Rocky Point will not be hurt by having the debt service absorbed by the City. Mr. Manna stated if those residents of that particular neighborhood TAPE #1283 City Council Reg. Mtg. Minutes April 19, 1995 Page 18 of 19 were relieved of the obligation to absorb excess property levies to meet that debt service they will experience a fairly significant reduction in their property taxes over the coming years. The amounts of the debt service are not very large, however, they are distributed over a neighborhood that is much smaller than incorporated Bremerton. Mr. Law stated for clarification the rates are such that they would not adversely impact City residents. Mr. Hanna stated Mr. Law was correct. Mr. Farr asked if he understood correctly that the money raised by the sale of the Bonds for the improvement of the water system have not been spent? Mr. Hanna stated to his knowledge that is the case, however, money for design may have been spent. Mr. Farr stated the Resolution assumes all assets and payment of all liabilities. He questioned if that extended to any repairs to the system over and above the amount that was raised by the sale of bonds? Mr. Hanna stated yes, if the City takes over the district, including their assets, then the City would be responsible, under the City's Comprehensive Plan, for all repairs and future maintenance since such plans are reflected in the District's Comprehensive Plan. Mr. Dawklns noted he is aware of the need for repair work considering the fact that some homes are served by a 2-inch water line and he believed the State requirement is a 6-inch line. He emphasized that water system needs to be updated even if they do not annex into the City and it will be done at their expense. Mr. Overson stated one of his primary concerns had to do with the statement that the City assumes all liability of Rocky Point Water District. He asked what is that liability now and in the future? Mr. Hanna stated he reviewed the District's Water Comprehensive Plan. The Engineer's estimate for the total expenses to bring their system up to current standards is greater than one million dollars. The one million dollars will cover the majority of the necessary work, but it will not complete their entire Comprehensive Plan. In addition, when the City has annexed other neighborhoods, whether or not they were part of organized water district or just part of unincorporated Kitsap County, it is very seldom that such system are all brand new and up to current standards. He would estimate the amount needed above the one million would be approximately one quarter million. Mr. Sievers stated he was not sure of the amount needed for future repairs, but he did know this money has to be dedicated to that district and there is plenty of work that will absorb the million dollars. He pointed out there is a 1962 Operating Agreement and the City is already subject to some ambiguous clauses to do repairs and some level of engineering contribution on replacement. The City tried to negotiate those provisions and were not able to resolve them. This in a sense #0283 TAPE #1283 City Council Reg. Mtg. Minutes April 19, 1995 Page 19 of 19 takes care of that ambiguity, but it is already, to some degree, the City's responsibility to do repairs and some minor replacements. Mr. Hanna stated he suspected the balance of the work that the District's Comprehensive Plan has identified would be rolled into the City's own Water Utility Comprehensive Plan and those projects would compete with all other work needing to be done. Mr. Colvin questioned for clarification if the City assumed all the liability for the Water District, would it have anything to do with the sewer system? Mr. Sievers pointed out there is no sewage system on Rocky Point. The Water District does not have any liability for the individual homes that have septic tanks that may be failing, so that is not a District liability. M/S/C/U(Overson/Montgomery) to approve Resolution No. 2510, assuming indebtedness and assets of Rocky Point Water District upon annexation. Vote on motion: Motion carried. In Favor: Overson, Neville, Farr, Law, Huff- Menees, Montgomery Abstain: Dawkins, Winters, Colvin With no further business meeting adjourned at 7:16 P.M. City of BremertoE~ KLM/SH-M/me cc: Normal Distribution File/Vault