HomeMy WebLinkAbout08/04/93TAPE #1127
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
#0129
AUGUST 4, 1993
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, August 4,
1993, at 5:30 P.M., with Council President Eileen Fitz
presiding. Council members present were Lon Overson, Richard
Neville, Lynn Morton, C.R. "Tiny" Collins, Morris Dawkins, Al
Colvin, Russ Johnson. Councilman Hank Waibel was absent. Also
present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Fitz and Invocation given by Councilman Al
Colvin.
Mayor Louis Mentor announced four exchange students from the
City of Kure, Japan arrived the week of July 26th and a
welcoming party was held for them on July 29. He introduced
Bob Batten, Bremerton Central Lions Club Chair of the Sister
City program. Bob Batten extended a warm "welcome" to the
Kure students and made the following introductions.:
Ms. Kiyomi Usui, hosted by Gene and Norma Straw; Mr. Masanori
Sako, hosted by Joe and Annette Wells; Mr. Ryohei Niimi,
hosted by Melinda and Evan Griffo; Ms. Naoko Kanehisa, hosted
by Daniel and Elvie Llaneta. Mr. Batten noted this year is
the 24th consecutive year for the Sister City Program between
the city of Kure, Japan and the City of Bremerton. He made a
special introduction - Elaine Valencia, Mayor's Secretary, who
has been responsible for this program for the past 11 years.
CONSENT AGENDA
A. Minutes of Meeting -- July 14, 1993 #AB93-154
B. Minutes of Meeting -- June 21, 1993 #AB93-155
C. Bid Award Recommendation -- Vehicle Fuels #AB93-156
and Dispensing Services
M/S/C/U(Horton/Dawkins) to approve the Consent Agenda as
presented.
CLAIMS/WARRANT 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.
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#0143
M/S/C/U(Colvin/Horton) August 4, 1993, the Council does
approve for payment those vouchers included and further
described as follows: 168285 through 168444 in the total
amount of $156,281.00; and Regular Payroll for the period
ending July 31, 1993, in the amount of $657,305.36.
COUNCIL MEMBER REPORTS
Mr. Overson reported on the evening of August 3 his wife, who
is a Block Watch Captain, organized a National Night Out event
in their neighborhood. He was pleased to report this event was
well attended and provided an opportunity to discuss Block
Watch issues as well as other issues of interest in the City.
He hopes that other Block Watch areas will also hold such an
event.
Mr. Neville reported he is enjoying Concerts In The Park at
Evergreen Park. He extended a special "thank you" to the
people who coordinate and set up that program. He is looking
forward to the Concert On The Dock this Thursday.
Mrs. Horton announced the High School Reader Board registered
the outside temperate of 102 degrees. She hoped everyone was
doing their best to "stay cool".
Mr. Dawkins noted he has had trouble with his automobile
veering off to Golf Courses during this great summer weather.
Mr. Colvin stated last Saturday morning he met with some
citizens who, in his opinion, are very wise and very
interested in what the City of Bremerton is doing and where it
is going. He would recommend to all those who are seeking
public office to talk with those individuals. He also
recommended that current Council members also take time to
conference with these people to learn from their experience
and insight. Roger Oraker thanked Councilman Colvin for
spending time with their group. The group Mr. Colvin
referenced is made up of senior citizens, businessmen who are
interested in the direction of downtown Bremerton, individuals
who are retired, middle aged and young. Their challenge last
week was to come up with ideas for businesses in the downtown
area to draw in people. He noted the waterfront park is very
appealing, so their first ideas for business was for
tourism...various shops with interesting products, a shop for
local craftsmen and artists, various eating establishments,
bakery and a nautical shop. Along with the seasonal
businesses, it would be important to encourage professional
offices to be interspersed in the downtown area. He noted even
a day care facility for the children of workers in town would
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be an asset. Several concerns were raised, i.e., 4th Street
building and offering all of the City services under the same
roof. They strongly supported the idea of Council members
holding regularly scheduled District meetings in each of the
nine districts in order to get feedback from the taxpayers.
If Bremerton is to grow and progress, all of the citizens
needed to be included and involved. Mr. Colvim stated he
would like to learn more about the "National Night Out"
program. He noted he does hold regularly scheduled District
meetings, starting in the fall of each year, and would like to
have a group of Block Watch Captains speak at one of those
meetings.
Mr. Johnson pointed out it would be a good idea to provide
copies of the video tape to the Kure students of their
introduction during this Council meeting. He asked each
Council member to bring 3 - 5 of their most important items they
would like to see accomplished in 1994, to the Study Session
on August 9. In response to Mr. Oraker's comment about having
District meetings, most Council members do have various ways
that they get input from within their District depending on
what the people want. His neighborhood group has been
relatively active during his years of service on the City
Council.
Mrs. Fitz reported she attended Kitsap Regional Planning
Council meeting this date and was pleased to report they had
a light workload.
PUBLIC RECOGNITION
Mayor Louis Mentor reported the Senior Center held an Ice
Cream Social on July 29 and at that event they entertained
members of a Bellingham Senior Center. He was pleased to
announce the downtown businesses held a well attended sidewalk
sale on July 29 and July 30. This event has been a tradition
in the downtown area. Bremerton Bottling has moved into their
new facility located on Auto Center Way. On Sunday evening the
local Filipino organizations put on a Relief Foundation and
the main entertainer was a singer from the Philippines. A
Northwest Babe Ruth Tournament was held in Kitsap County over
the weekend and he had the pleasure of throwing out the first
pitch. He participated in a Regional Transportation Plaza
presentation on August 3. The public is welcome to view the
drawings of the Regional Transportation Plaza at the Ferry
Terminal where they are on display for two weeks. He attended
the prison siting meeting on August 2, where there was
considerable arguing about criteria used to determine
locations and the procedures used in the process of site
selection. He received a copy of a summary of public response
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showing how many telephone calls the State received for each
proposed site and what the issues identified. On the
Bremerton site, he was the only person from Bremerton who sent
them a letter and they listed no phone calls. He found the
lack of response by Bremerton officials and residents hard to
believe because of the general feeling of not wanting such a
facility located in the downtown area. He emphasized the
importance of people voicing their concerns prior to having
something implemented before voicing concerns/opinions.
President Fitz stated approximately two weeks ago she attended
a seminar. At that time, she had the opportunity to speak
with a gentleman from the State Fiscal Office that provides
funding for siting such facilities. He acknowledged if the
newspaper correctly reported the method used to site such a
facility, it was an incorrect way to do the siting and he
would look further into what actually took place. Mr. Colvin
raised the question if someone wanted to write a letter
stating their opinion who do they write to? Mayor Mentor
stated the appropriate address was available through his
office. Mr. Collins stated he received a notice of each of
the Department of Corrections' meetings and responded to each
of their questionnaires so he knows for a fact that they had
received six responses just from him. President Fitz pointed
out the meetings for siting that facility were held from 2:00
- 4:00 P.M., which precluded people who have other jobs from
attending and needed to be scheduled during evening hours.
Mayor Mentor stated it is probably set up to have a minimum
amount of public input. Mr. Johnson stated he was thoroughly
convinced that if the Department of Corrections find a site
that they desire no matter what the criteria and if they don't
get bombarded with public opposition, that is where the
facility will be located. Mayor Mentor stated he agreed with
Mr. Johnson and that was why it was so important that people
do comment on such proposals.
Mayor Mentor announced the new evening basketball programs are
going on Tuesdays and Thursdays from 3:30 - 6:30 P.M. (ages
12 - 15) and 6:30 P.M. to dusk (16 yrs old and up). He
announced the opening of a new florist shop "Living Color" in
downtown Bremerton on Pacific Avenue on the south side of
Woolworths. Coming up - a new Sports Lounge is opening up in
the Perry Avenue Mall at Jack's Place. He reported in spite
of the rain, Concert On The Dock did go on this past Thursday
with approximately 150 people in attendance. There will be
another Concert On The Dock on Thursday, August 5. This
weekend the Red Brown Foundation is sponsoring a Golf
Tournament on Saturday, August 7, with proceeds going toward
the Regional Sports Complex. On August 8, the D.A.R.E.
program is having a fund raising Golf Tournament.
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6A - ORDINANCE NO. 4431 (SECOND READING) REVISING BMC 6.04
PERTAINING TO COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE IN
THE CITY OF BREMERTON, #AB93-150
Public comment - none.
#0689
M/S/C/U(Johnson/Colvin) to approve Ordinance No. 4431 on
second reading revising Chapter 6.04 of the Bremerton
Municipal Code pertaining to collection and disposal of
garbage and refuse in the City of Bremerton.
6B - ORDINANCE (FIRST READING) PROVIDING FOR THE ELECTION OF
A MAYOR/COUNCIL PRESIDENT AND OTHER COUNCIL PERSONS, #AB93-151
There is currently a proposal by some citizens to reclassify
and reorganize City government to a Council - Manager plan of
government through a ballot measure. The proposed ordinance
provides for the election of a Mayor/Council President by the
electorate at large. The election of the remaining Council
members will be by district. The ordinance contains a proviso
that it will be effective only upon successful passage of the
ballot measure. RCW 35A.90.010 states that upon becoming a
code city, all ordinances lawfully in force at the time of
becoming a code city and not inconsistent with Title 35A,
shall continue in force. Passage of the ordinance will
provide for smoother transition if there is a change in
government.
Mrs. Horton stated because the VOTE group has submitted a
revised resolution just prior to the Council meeting, she
asked that items 6B, 6C and 6D be addressed at the same time
since it replaces all three of those items. Mr. Collins
pointed out items 6B, 6C and 6D were tabled at the last
Council meeting and that they should be taken off of "being
tabled" before any other action is taken. Mr. Sievers stated
although that may be an appropriate motion, then again that
would bring all three together since they were dealt with as
a group at the last Council meeting. Mr. Colvin stressed it
was his understanding that procedurally when something is
"tabled" action must be taken to "untable" it. Mrs. Hotton
stated if all three issues were addressed (6B, 6C and 6D) it
would make more sense.
Kathleen McCluskey, City Clerk read into the record the Agenda
Item Summary Statements for items 6C and 6D.
(NOTE: COMMENTARY ON ITEMS 6B, 6C AND 6D WILL CONTINUE
FOLLOWING ITEM 6D.)
6C - ORDINANCE (FIRST READING) FOR THE ADOPTION OF INITIATIVE
AND REFERENDUM POWERS, #AB93-152
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There is currently a proposal by some citizens to reclassify
and reorganize City government to a Council - Manager plan of
government through a ballot measure. The proposed ordinance
provides for powers of initiative and referendum pursuant to
RCW 35A.11.080, .090, and 100. The proposed ordinance
contains a proviso that it will be effective only upon
successful passage of the ballot measure. RCW 35A.90,010
provides that upon becoming a code city, all ordinances
lawfully in effect at the time of becoming a code city and not
inconsistent with Title 35A, shall continue in force. Passage
of the ordinance will provide for smoother transition if there
is a change in government.
6D - ORDINANCE (FIRST READING) FOR THE ADOPTION OF CHARTER
PROVISIONS REGARDING CIVIL SERVICE, #AB93-153
There is currently a proposal by some citizens to reclassify
and reorganize City government to a Council - Manager plan of
government through a ballot measure. The proposed ordinance
adopts, by reference, the currently existing Bremerton City
Charter, Article IX, Sections 34 - 39. The proposed ordinance
contains a proviso that it will be effective only upon
successful passage of the ballot measure. RCW 35A.90.010
states that upon becoming a code city, all ordinances lawfully
in force at the time of becoming a code city and not
inconsistent with Title 35A, shall continue in force. Passage
of the ordinance will provide for smoother transition if there
is a change in government.
COMMENTARY
Larry Stone, 1824 S. Marine Drive, Chairman of VOTE, stated by
now there should be no confusion about the objectives of the
citizens committee he is representing, known as VOTE. There
are those who agree with VOTE's objectives and those who
disagree with some if not all their objectives. Yet,
universal among the Council is the belief that matters of this
consequence should be decided by the electors. Make no
mistake about the fact that their citizens committee VOTE is
dedicated to the same philosophy. They believe the issues
should be decided by the voters, but in a formal rather than
informal way. Pursuant to the direction of the last Council
meeting and tabling motion, he, VOTE's Seattle legal counsel,
City Attorneys Ian Sievers and Leila Mills, fashioned a
resolution to election that would enable the Council to put
this entire matter before the voters in November, eliminating
the need for the ordinances constituting items 6B, 6C, and 6D
on the Agenda. VOTE is continuing to complete their petition
drive on a timely basis to make the November ballot, thus
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avoiding the expense of a special election. Should they fail
in that endeavor, they will continue to collect signatures
until they have secured the necessary amount. At that time,
upon certification of sufficiency, Council will be obligated
to call for a special election within 90 to 180 days. As a
body, the City Council has the tools to fashion the destiny of
the City of Bremerton, and, by their actions at this time,
could spare their group the necessity of spending several
thousand dollars to give the constituents that right to
express themselves in a meaningful way, as well as avoiding
the unnecessary cost of an additional special election.
Council has in its position the proposed resolution, which was
handed out prior to the Council meeting, pursuant to Title
35A.20.70 of the RCW and Article 13 of the City of Bremerton's
Chapter, which they encouraged Council to give very serious
consideration.
President Fitz stated the Agenda for this Council meeting had
been advertised as three different ordinances, however, just
prior to Council an entirely different document was handed out
addressing the issues proposed under those ordinances. She
questioned could Council act on the revised new document
without having placed the specific item on the Agenda
notifying the public? Mr. Sievers stated he felt President
Fitz's points were good and certainly the safest procedure
would be to see if Council did desire to take this matter up
in the form it is now presented and set it on an City Council
Agenda with the proper title. On the other side, at the
public hearing on the ordinance the previous week he took
exception to the action that was proposed to Council and
instead suggested the only way to implement those ordinances
was to put them on the ballot as ballot titles. President
Fitz requested that he meet with the proponents and agree
proper legal format. He believed members of VOTE agree with
him now and the ordinances were withdrawn and they have gone
with the ballot proposal. If Council wished to pursue further
action on this proposal, he felt the better'course would be to
put this issue on the August llth Council Agenda to set
another hearing on this particular format. He suggested it
might be appropriate to have some preliminary discussion as to
whether or not Council desires to place the item on the next
Council Agenda. Mr. Collins stated he still had a problem
with three ordinances carried over from the July 28th Agenda
not being dispersed in any way. Mr. Sievers stated the
proponents agrees with the problems he had with those
ordinances and they are now withdrawn. Mr. Collins questioned
if the ordinances were withdrawn officially? Mr. Sieves
stated he understood that was the case and was substituted by
the proposed resolution that was handed out prior to Council.
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Mr. Stone questioned if Council was asking him to withdraw
something? President Fitz asked if the Council needed to
bring items 6B, 6C and 6D back on table and vote on the
ordinances? Mr. Stone stated it was his impression at the
time the tabling motion was made that they were requested to
see if these points could be covered in a resolution to
election. The City Attorney and his legal counsel agreed that
the resolution form covers each of the three items and
eliminates the need for separate ordinances. Mrs. Horton
questioned, if she understood correctly, that Mr. Stone was
asking for the withdrawal of the three ordinances, which are
to be replaced by the resolution? Mr. Stone stated yes.
#1033
M/S/C/U(Horton/Colvin) to withdraw the three ordinances
identified in Agenda items 6B, 6C and 6D, from the agenda.
Mr. Johnson stated last week three ordinances were presented
to Council that supposedly Municipal Research and at least one
set of attorneys said Council needed to pass so that if the
citizens' Initiative passed that we could logically implement
whatever government might happen. That whole direction has
now changed to not doing something toensure things go right
if the citizens' Initiative passes, but to placing the
Initiative on the ballot. He questioned what happened with
the discussion with Municipal Research? Mr. Stone stated
Municipal Research had relatively little to do with the
draftingof the three ordinances. VOTE's counsel working in
concert with the City Attorney drafted the ordinances.
Municipal Research made their original recommendation to VOTE
some time ago labored under the illusion they would be working
with a supportive Council. Why that would affect their legal
opinion was beyond him, but they felt VOTE needed to take
other approaches. Mr. Sievers stated Mr. Stone's comments
were correct on that point. Mr. Stone stated at this point he
is suggesting the resolution be substituted in place of the
ordinances. What Council is being asked to do is to relieve
VOTE from the necessity of spending their money to do what
they have the capacity to do - let people vote in a meaningful
form. President Fitz questioned if the proposed resolution
went forward, would VOTE's petition drive stop? Mr. Stone
stated that was correct, they would not need it.
Mr. Collins requested the City attorney read from the RCW the
short section on freeholders for a new or revised charter.
Mrs. Horton called for a point of order because it was not a
relevant topic for discussion. Mr. Collins challenged Mrs.
Horton that it was a relevant topic because what is being
proposed is coming up with a totally new charter with a new
form of government. Mrs. Horton stressed what is being
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discussed is coming up with a new form of government, a non-
charter form of government. Mr. Collins emphasized a non -
charter is a new charter... a new constitution for doing
business. Mr. Johnson pointed out if Mr. Collins was correct,
he would be sitting in an illegal position at this time.
Mr. Overson stated the resolution appears to be a way for
Council to complete the Ad Hoc Committee's and VOTE's work.
Mr. Collins stated the AD Hoc Committee, which Council
empaneled, came back with a recommendation that we put forward
a change to the Charter and nothing about a change in the form
of government. Now, we have nothing but a change of
government and nothing to the revision of the Charter. Mr.
Overson explained the Ad Hoc Committee came back with a
recommendation that the City go to a Code (Title 35A) city,
which is a non - charter Code city. Mr. Collins pointed out the
charter is written by the RCW, but it is a charter and it is
a Code. Mr. Overson stressed it is a Code not a charter and
the City would adopt the Code. And, the purpose for that is
to give smaller cities equal powers of larger cities in the
State. It is a very flexible Code and it works for the good
of the City and can be adapted quicker, easier and better than
a Charter and that is why 73% of the cities in the State are
governed under that form of government.
President Fitz stated the proposed resolution was not on the
Agenda or advertised. She questioned if Council needed to
have it on the August 11th Agenda as a resolution? Mr.
Sievers stated the Agenda item that was advertised and is
still advertised this week is a different form of action - it
is not an ordinance that Council is being asked to pass, but
rather a resolution to put a ballot issue on the November
ballot. Councilman Johnson made an additional point for
continuing this - in that it is not only a different process
but the substance of that matter is now different. In fact,
he believed the proponents picked up some comments asking
Council to delete the need for their petition and to put on
the ballot the reclassification. One Council member asked if
a ballot title could be formulated to incorporate all of the
issues identified in the ordinances. The resolution is new,
and not only are there three items from last week, but now
there is a request to place on the ballot the whole
classification of the City from a First Class Charter City to
a Code City, which was not included on the Agenda Bill for the
previous Council meeting. Mr. Colvin questioned if Mr.
Sievers was saying that this measure should have the same
opportunity for citizen review as the three prior ordinances?
Mr. Sievers stated that was correct, although he would be
coming back to Council this week saying there is consensus
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that this is a way for Council to act, if they choose to act.
But, it would be best in the interest of public notice to
place an Agenda item on this process and substance of the
resolution, which is different than the original three
ordinances. Mr. Collins stressed some members of the Council
decided they wanted to place an advisory ballot before the
citizens and now the direction has changed from an advisory
ballot to placing a measure on the ballot as a full fledged
measure. He felt Council needed to step back and talk about
it before taking further action. Mr. Johnson pointed out the
public has the right to place items on Council Agendas. If
Council considered this proposal and passed it, there would be
several ballot measures on the November ballot...an advisory
ballot, freeholders ballot, Charter City ballot. He
questioned if all of those measures would be on the same
election? Mr. Sievers explained they would all be on the
November ballot. The Kitsap County Prosecutor, through the
County Auditor's Office, has requested a resolution be passed
by the City Council. Mr. Johnson stated it would seem like
whatever is passed Council needed to regroup the whole thing,
if Council has any thoughts of passing the VOTE groups's
resolution. He did not want to have several issues of a
similar nature on the November ballot that would cause the
citizens confusion in making their decision. Mr. Sievers
stated when he saw the requests for ordinances, he chose to
not bring back a resolution formally transmitting those
earlier Advisory Ballot measures because he believed that
would create a confusing situation. Mr. Johnson questioned
the deadline if Council wished to revisit the issue and hear
the newly handed out resolution? Mr. Sievers stated Council
had a deadline of September 15.
#1429
M/S/C(Colvin/Overson) that Resolution # 2436 be placed on the
Agenda for the August 11, 1993, City Council meeting.
Mr. Johnson questioned if Mr. Colvin's motion with an
amendment to consider reconsideration of previous decisions on
the Advisory Ballot and Freeholder Ballot would be
appropriate? Mr. Slevers stated he believed that action could
be taken at the August llth Council meeting as well. Mr.
Overson stated he believed by default this would replace most
if not all of those other four issues. Mr. Collins stated it
would not replace anything. Mrs. Horton questioned if she
was correct in her understanding that if an actual ballot
proposition for a change in City government is placed on the
ballot, then an Advisory vote of the same subject will be
removed automatically? Mr. Sievers stated that was the
logical thing to do and there probably was some legal grounds
because otherwise it would be so confusing. Leaving the
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freeholders issue on the ballot may be allowable and may not
be inconsistent with another ballot measure. President Fitz
asked that Mr. Sievers research the point that if in fact the
VOTE group's resolution is placed on the ballot, what will
happen with the other Advisory Ballot measures. Mr. Colvin
questioned if this subject matter could be addressed at
Council's August 9th Study Session? President Fitz directed
that this issue be added to the August 9th Study Session
agenda.
Vote on motion: In Favor: Dawkins, Colvin, Johnson, Overson,
Neville, Horton, Fitz
Opposed: Collins
Motion carried.
Mayor Mentor introduced Eddy Chu, the City's new Public Works
Director, who has been working in the City for approximately
one month.
With no further business meeting adjourned at 6:26 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
EILEEN FITZ, Council President
City of Bremerton
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