HomeMy WebLinkAbout11/18/92TAPE #1071
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
#0030
NOVEMBER 18, 1992
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, November 18,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Richard
Neville, Eileen Fitz, C. R. "Tiny" Collins, Morrie Dawkins, A1
Colvin, Russ Johnson and Hank Waibel. Also present were City
Attorney Ian Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Captain Tom
Morrow of the Salvation Army.
President Hotton announced Council will adjourn to an
Executive Session on "Personnel" following the Council
meeting.
CONSENT AGENDA
None
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.
M/S/C/U(Colvin/Dawkins ) on November 18, 1992, the Council
does approve for payment those vouchers included and further
described as follows: 15917 through 15919 in the total amount
of $23,548.59.
COUNCIL MEMBER REPORT8
Mr. Johnson announced the good news - curbside recycling will
be starting in Bremerton in December. Brem-Air will be
handing out flyers to customers that outline the recycling
program.
Mr. Colvin reported his Council District Coalition meeting
held November 12 was a huge success. Out of that meeting,
four neighborhood groups have signed up for "Block Watch"
training. Now that the holidays are approaching, he extended
a special "thank you" and "Happy Thanksgiving" to all City
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employees who have responded so well during this past year
toneeds in District #1.
Mr. Dawkins modeled a sweatshirt, being promoted and sold by
the Pendergast Committee, depicting the design of the new
Sport Complex. He reported there are lots of new planted
trees (2-3 years old) on the Sport Complex site that will be
moved into a nursery sometime in December, to be used later on
during the landscaping process. The Pendergast Committee is
looking forward to the ground breaking ceremony in December.
Mr. Overson reported he spent some time, this date, with Art
Morken Jr., as part of his professional career. During that
time Art shared some interesting experiences he had with Russ
Johnson and Tiny Collins. Art sends his regards to the City
Council.
Mr. Neville stated he was sad to report the passing this week
of Red Brown, Bob Erickson and Smokey Abbott.
Mrs. Fitz reminded everyone that next week is Thanksgiving
week and to please support local food banks and Salvation Army
as the need is greater than ever.
Mrs. Hotton announced due to the Thanksgiving Holiday,
Council has changed their City Council meeting date from
Wednesday, November 25 to Tuesday, November 24.
PUBLIC RECOGNITION
Mayor Louis Mentor reported on Tuesday he attended the
football playoff game in Port Angeles. He was a little
disappointed in the outcome of that game but congratulated
Bremerton High's football team for the good year that they did
have with one loss during regular play and one loss in the
playoffs. He announced on Saturday, November 21, 1:00 PM the
NAACP are sponsoring a Freedom Fund Luncheon at the Kitsap
Golf And Country Club. Author Juanita Thomas will be guest
speaker at that event. On the evening of November 21 there
will be a Filipino/American Dinner Dance/Installation of
Officers. He reported the recent passing of Ted Tillett,
former Bremerton Fire Chief for the City of Bremerton.
Mayor Mentor announced starting next week an estimated 8,000
households inside the City Limits will be receiving two blue
recycling bins with sorting instructions to kick off the
City's Recycling Program. He emphasized the importance of
reducing the flow of solid waste into the landfills and the
opportunity to reduce the cost of waste collection by reducing
I
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the size of container needed through the recycling program.
Mayor Mentor reported his trip to Berkeley, California to
attend the Mayor's Institute on City Design was very
interesting and worthwhile.
President Hotton referenced a news article in The Sun that
alluded to some proposals that are included in the Mayor's
budget. A Public Hearing on the Mayor's proposed 1993 budget
is scheduled for 6:30 P.M. or later during this meeting, but
additionally there will be separate Study Sessions and
hearings on various fee and tax proposals that are in the
Mayor's budget. If someone has specific questions or concerns
relating to those fee and tax proposals, she requested they
be addressed during the specific meetings held on those items.
If someone wishes to speak generically on this issue, then she
requested they be brought forth during the Public Hearing
portion of this meeting.
Mim Heuss, Executive Director Bremerton-Kitsap Visitor And
Convention Bureau, gave a "glowing" report on a recent tour of
the Bremerton/Kitsap County area by delegates participating in
the National Tour Association (NTA) Conference, held in
Seattle over the past 10 days. This organization is made up
of tour operators from across the North American Continent,
Mexico and Canada. Approximately 3,000 people attended the
Seattle conference, and of those 800 were specific tour
operators who run all of the bus tours running across the
country. During the conference, there was opportunity for Ms.
Heuss and her staff to hold interviews with tour operators.
On Monday, the VCB coordinated the Kitsap Area tour with the
assistance of many local business and community people.
Don Atkinson, Bremerton Main Street Association, stated the
VCB is to be congratulated on their commitment they made to
the NTA conference and how they handled the Kitsap tour. He
announced an upcoming event sponsored by Hospice on December
4, 6:00 - 7:00 PM - a special Tree Lighting Ceremony, a tree
that will be covered with wind poems in memory of someone or
with a prayer of support for someone. Prior to this event
there will be a Bremerton Main Street Social at Yesterdays,
Today's and Tomorrows. Holiday music will be played during
the 6:00 - 7:00 PM period featuring the voices of local groups
and artists, a candle light procession following tree
lighting, followed by "cider" refreshment being served at
Yesterdays, Today's and Tomorrows. Fred Schoneman will be
presenting a special Christmas music on the Carillon bells.
As a follow-up to the Law Enforcement Breakfast on November
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12, he was pleased to report about 75 people attended and were
very impressed with the presentation made by Police Chief Del
McNeal and two Administrators from the Police Department.
They were most pleased to learn that only 13% of 911 calls to
the Police Department are coming out of the Central Business
District. Mr. Atkinson noted even if only 1% was coming out
of the Business District that is too much. Main Street is
working with the downtown businesses to help improve lighting
in that area and to augmenting law enforcement and what the
individual businesses and entities downtown can do to protect
themselves and their customers and make the downtown area as
safe as they can daytime and evenings. There will be another
meeting scheduled on law enforcement, security, lighting and
various other subjects early in 1993. He has proposed that
such a meeting be scheduled in the City Council Chambers and
that it be televised over Channel 29.
The following individuals expressed concerns over conditions
at the Middle School construction project: Steve Sturlaugson,
2349 Trenton Avenue; Donna Young, 2321 Trenton Avenue; James
Ventura, 2327 Trenton; Harold Liba, 2319 Trenton Avenue; owner
of store at corner 2544 Stoneway and Trenton; Whitman Hall,
Trenton Avenue; Jim Nelson, 2520 Stoneway.
The above individuals expressed the following concerns: (1)
possibility of the landfill area falling down on nearby
residents in the event of an earthquake. (2) Uniform Building
Code states that any property has to be safeguarded against
life, limb, public welfare as well as the safeguarding from
landslides. The Code requires the filling of that property be
graded to the extent that there is no more than 2 to 1 slope,
which represents a 27 1/2 degree rise on that landfill area.
(photos were proved and appear to have a 45 degree slope) (3)
No embankments or retaining walls or terracing of property;
(4) contractor has not prevented erosion nor corrected the
erosion that occurred prior to hydro seeding. (4) Takes only
45 minutes when raining to fill up the retention pond before
it starts overflowing and washes away the overfill portion
that runs into the slough. (5) Other violations of the
Building Code require that prior to filling, the grading
permit establish what is to be put into that fill. The
Building Code requires that no rock larger than 12 inches in
any dimension. On the southeast corner of Ball Field #2,
2/3rd of that fill was done with large concrete slabs in
multiple layers. If that fill was to be applied it would have
to be approved by Civil Engineering and monitored by Civil
Engineering and has to have safeguards that all voids are
filled and done in a proper manner. The Building Code also
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states that the Building Code requires that fill of rock or
irreducible material be placed no closer to the grade than 10
feet. (6) Discussions with Building Inspectors resulted in
their not being responsive to doing the inspections they are
required by the Building Department, nor were they very
concerned. (7) Can't trust building site managers that are
overseeing the project to making them comply with the Building
Code requirements. People living in this neighborhood believe
they are endangered both by life and property when the
hillside comes down. (8) The University Of Washington
identified the problem of "hydraulics" as being more serious
on this site. The contractor provided for no sub-surface
drain off tile and only installed three down drains to provide
for runoff from topsoil. Currently, there are horizontal
cracks in the hillside where the water is coming to a solid
table level and running out through the bank and from
underneath the plastic. (9) When the swill area was repaired
in October, the last two rainfalls caused water to go under
the retaining rocks and around them as well. The Department
Of Ecology (DOE) has been in contact with the contractor and
stressed that they must comply with regulations addressing
this issue. (10) Neighbors of the subject site would like to
see the Bremerton City Council put some force onto the
Building Department to bring in independent Soils Engineers,
Civil Engineers and Geological Engineers to look at the site
and get it down to the required grade, to put in retaining
walls and terracing that is required as well as additional run
off prevention and some subsurface drainage. (11) Neighbors
of the site should not have to take legal action on their own,
that there is a legal system to protect the people in the
community from this happening. (12) Building Official
indicated to a resident that he was told to sign permits and
more or less forget it - they'll take care of it from there.
(13) Lost the ability to see sunsets from the back of home and
privacy due to looming hill. (14) Question...why did they
build the hillside so high? (15) Did not receive notice of the
public meeting and was not involved when the original plan was
adopted. (16) Height of hillside was not discussed during
public meeting. (17) Residents are concerned as to what will
happen to the value of their property due to this
construction. (18) City Street Department cleaned up dirt and
silt caused by project. (19) Neighborhood store losing money
due to dust being generated by traffic to the construction
site.
Mayor Mentor stated he was surprised with this testimony and
this was the first time he heard about the concerns of the
citizens. He assured everyone that he will check into this
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matter and was surprised the School District had not taken
some kind of action to clear up what was happening on the
site. He will talk with the City's Building Department as
well to see if there is some solution to citizen's concerns.
President Hotton stressed there was also an original concern
that the original site plan had been altered and what is
occurring is different from the site plan that was approved.
She requested the Mayor to look into the plan issue as well as
the water runoff problems. Mayor Mentor noted from his past
experience in construction, he knows that contractors have to
clean up after themselves.
Mr. Johnson expressed concern that something was alleged
during the public testimony... that the Building Department
was reluctant to bring in any kind of expertise to look at the
hillside as to earthquakes, hydrological issues and also that
someone told them to "not enforce". Mayor Mentor restated
that this is the first time he had heard of any problems with
the Middle School site and he was surprised that some citizen
had not contacted him earlier.
Mr. Waibel questioned how the Mayor had not heard anything on
this issue considering the City had Street crews cleaning the
streets for two days? Mayor Mentor stated he will look into
this matter as quickly as possible. He could imagine if there
was an emergency, City crews would respond to that situation.
President Hotton requested Mayor Mentor to give the City
Council a status report on this issue at the November 24 City
Council meeting. Mr. Waibel stated Mayor Mentor might also be
aware there have been a number of Federal and State agencies
contacted, who have in turn contacted City departments
relating to compliance.
President Horton addressed the following question to Mr.
Sturlaugson: "was the high bank originally approved on the
site plan?". Mr. Sturlaugson stated no, the bank adjacent to
the alley was only about three feet high and gradually sloped
upward to where the back trees are located. So, that entire
hillside from the Madrona trees, which are about half way onto
the property at this time is a complete landfill. President
Hotton asked if it was approved on the site plan? Mr.
Sturlauuson stated he didn't have that information. He did
not know how many of the plans were approved or proposed that
have not been complied with. Another aspect having to do with
the Building Department requirements is that the setback from
the property line is to be one half the distance of the fill.
The contractor has sloped right from the beginning of the
property line and there is no setback. The neighbors are very
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concerned about the retention pond, which was suppose to be
designed for a 25-year rainfall. They have watched it fill,
during a recent rain fall, in 45 minutes. He talked with
people at Fred Meyers shopping area site who indicated they
had to really "jump through hoops" in order to get their
Building Permit and were required to put in underground vaults
to retain their runoff water. He brought up another
issue .... he was told by an ex-employee of the School District
that prior to one of the Bremerton School meetings, the
Bremerton School Superintendent said they weren't real
concerned with what was done at the Bremerton Middle School
because they were only going to be there 10-12 years, then the
property would be sold. Mr. Sturlougson pointed out the
School District had previously tried to sell that site, but it
was found to be undevelopable. He was getting a sad feeling
that possibly in 10-12 years there will be condos built on
that site and nowhere does that property meet building
requirements for occupancy for childrens playing on it let
alone a soundness that will require putting buildings behind
it. He requested Council to address that with the School
District and get a confirmation that they will not be pulling
out of that site in a few years. The neighborhood was a heavy
supporter for this project because of alternative building
ideas that could have been located on that site. In the past,
the School District has always been a good neighbor and
accommodating to the residency, but now they seem to have
changed their plan as to how they want to treat the residents
surrounding them. When he spoke with Mr. Best two weeks ago,
he was asked why didn't they refill the areas that had
sloughed away. Mr. Best's response was that those areas were
unsafe to work on. Mr. Sturlougson emphasized if those areas
were unsafe to work on then it is certainly unsafe for
residents to live around it. Mr. Best indicated, at that
time, that it will be at least a year before they can put
someone on it to repair it. Mr. Sturlougson emphasized that
was the reason why the neighbors requested a Soils Engineer
and Geological Engineer evaluate the site. Another concern is
the retention pond and overflow water dumping into the City's
stormdrain, which discharges out into Sinclair Inlet. At one
time there was a i 1/2 mile run off into the bay between
Bainbridge Island and Bremerton. The Department Of Ecology is
looking into that situation and if that is not cured the EPA
will step in. The neighborhood was hoping the City would
request the Army Corps of Engineers look into the matter,
since they do have the expertise to evaluate the site. When
he contacted the City's Building Official and Mr. Allingham,
neither of them had been out to the site but were willing to
make an inspection. Mr. Sturlougson did not believe the
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Building Official or Mr. Allingham were doing their job. He
noted the same company that is constructing the school
buildings is the same firm that owns the excavator, who did
the landfill, and also owns the firm that is doing the
landscaping. A quote was given to Mr. Sturlougson as to the
price of the trees used in the landscaping,. which he believed
to be excessively high for the quality received and too few to
meet City requirements.
Mr. Waibel reported he had received a number of calls from
people with similar concerns on this issue, who were unable to
attend this meeting. Mr. Johnson pointed out the concerns
that are being expressed would be more appropriate for the
School Board and he hoped the School Board was getting the
"big picture" on this issue. Mr. Waibel stated the majority
of the people who talked with him stated they were not getting
any kind of response from the School Board. Mr. johnson
stated he was glad that he now had some allies because he is
getting fed up with the lack of enforcement of site plans in
the City. Mr. Waibel noted the City does not have the
expertise when talking about land fill engineering. One of
the things that occurred in this instance was the presentation
to the public did not clearly identify the existence of a
"hill" 60 feet high in place of an existing 3-foot hill; and
it did not explain that because of the higher sloop the
identified trees to be planted would be placed 60 feet apart.
Mr. Collins questioned if the Planning Commission heard this
issue? Mr. Waibel yes, but the plan being used was not the
one that was finally approved by the Planning Commission.
Roy McInnls, 2711 Maple Street, stated he was appalled to hear
that the Mayor knew nothing until last week about the concerns
over the Middle School construction project. Two weeks ago
the City promised to look into the concerns raised by
residents and he believed sometime within that two week period
City staff and/or Council members would have shared that
information with the Mayor. He believed the Mayor is the
person responsible for making sure that City staff takes
action on these kind of concerns.
President Hotton stated she believes this is a broader issue
than just this one issue. People come to the City Council
periodically with problems and we, as the Council, can only do
what we can to pass them on to the Administration; and yet we
are looked upon to have the wherewithal to make the
Administration move on issues. She felt this was a topic
Council has to take on and to figure out how we get
accountability from the staff and Administration. Council
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needs to determine if some type of ordinance needs to be
passed with actual dollar fines in order to get appropriate
action. There have been too many issues, like the Middle
School project, that come up time and time again and it is not
good enough for Council to say "we'll look into it". James
Yentufa reported he had received notice that a meeting has
been set up between the School District and residents on
Thursday, November 19, 7:00 P.M., Olympic View Elementary
School. He noted it would be helpful if Council had a
representative at that meeting.
Mayor Mentor stated in response to an earlier complaint about
the lack of landscaping at the Middle School site, a letter
was sent from the City to the School Board. He was not sure
if the City had received a response to that letter as of this
date. He stressed unless he is made aware of some need he
can't act on it. When he does receive complaints, he follows
through looking into the matter. He also stressed he does not
drive up and down City streets looking for things that might
be considered a problem. There are many instances where City
crews are called out to handle a problem and he has no
knowledge of that happening. He wished he had been notified
sooner on this particular issue before it become as large a
problem as it appears to be. Mr. Waibel stated Council does
not have any authority over staff members other than the City
Attorney and he was directed to do something two weeks ago.
Then, a week ago ecology issues on this subject site was
brought out. He questioned how much response is Council
getting from their own staff? Ian Sievers, City Attorney,
stated following the Council meeting two weeks ago, he talked
with the Planning Department and discussed the non-compliance
with the site plan landscaping, which was the thrust of the
comments heard at that time. Planning staff explained the
review process and that they probably had missed the
difference in what was actually being planted. He did
convince Planning staff to send a demand letter to the School
District. He personally toured the site, mainly to assess the
erosion problems and as he told Council the following week,
those erosion problems would be cited as a violation of the
grading permit under Chapter 70 of the Building Code. It
appeared there had been a number of remedial measures taken,
but now he understands there is some basic safety problems in
the integrity of the slope, which were not raised before. He
will be meeting with the Building Official on November 19 to
discuss those violations, which are much more serious than
other complaints against that project.
Mr. Colvin noted apparently the City did not notify the
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complainant as to the steps the City took following their
testimony.
Mr. Overson stated he believed the Building Permit provides
for a review by the Engineering Department and he believes
they would review this project to some degree as to what the
plan provided and if it was being followed. Mr. Sievers
stated compliance in Chapter 70 of the Building Code has to do
with Engineering review. Mr. Waibel stated since we did not
have the expertise in-house to do all the engineering, so some
of the sign offs were not done. But, whether or not there
have been checks made or if things are being built to plans.
Besides Council receiving notice of the School District's
meeting on November 19, the Building Official and Jack
Allingham were also invited to attend. Lastly, he was very
concerned about building stability and hoped that the City was
making inspections as often as required.
6A - KITSAP COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT IN 1993,
CITY COUNTY INTERLOCAL AND COOPERATIVE AGREEMENT, #AB92-284
Kitsap County has received urban county entitlement status for
1993 through the federal Community Development and Housing Act
of 1992 and will receive approximately $1.5 million of
Community Development Block Grant Funds as of January 1, 1993.
This will require Bremerton to defer its metropolitan city
status for at least three years, 1993 through 1995. HUD
requires that an urban county execute separate Interlocal
Cooperation Agreements with each incorporated City for program
operation. These executed agreements are due to HUD by
November 23, 1992, in order to receive funds in 1993. In
addition, Bremerton will execute a separate interlocal
agreement with Kitsap County for the administration of the
Kitsap County CDBG Program 1993-1995. A condition of
Bremerton's agreement to defer its entitlement status is that
it would administer the county-wide program.
Councilman Waibel stepped down from hearing this issue.
Carol Dickinson, Development Manager, stated the City will
benefit from receiving 1.5 million dollars of Federal
Community Block Grant money starting in January 1993, provided
everything is in order prior to that date. That process
begins with the adoption of an Interlocal Agreement between
Kitsap County and the City for the administration of the
program as well as a Interlocal Cooperation Agreement between
Kitsap County and each of the incorporated cities in the
County, including Bremerton. In order to meet HUD's deadline
that all necessary paperwork arrive on their desk before 5:00
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P.M. Monday, November 23, she had the privilege of meeting
with Port Orchard's City Council on Monday, November 16, where
they approved this document unanimously. She will meet with
Poulsbo City Council, this date, and has a meeting scheduled
with the Bainbridge City Council for Thursday, November 19.
Both documents are based on a model program in Vancouver,
Washington, with Clark County, who went through a similar City
entitlement deferment status so that the County could become
a Block Grant entitlement. This document has been reviewed by
HUD's attorney and meets all minimum requirements so that the
program can begin.
Points of emphasis are: (1) both documents have been reviewed
by Council's Fiscal and Budget Committee and Operations
Committee. (2) The documents identify that Bremerton's 1993
Block Grant program, adopted two weeks ago, will be held
whole. When the 1.5 million dollars becomes available in
early 1993, the Block Grant Allocations the City has
identified will be taken off the top of those funds. That
decision was easily agreed to by the County and Kitsap County
cities because they support the integrity of Bremerton's
program. (3) Bremerton only agrees to defer entitlement
status for three years and only agree because Kitsap County
agrees that Bremerton shall run the program. (4) The
documents talk about the Kitsap Regional Planning Council
(KRPC) as the decision making body on behalf of Kitsap County
for three major pieces of work related to administration of
Block Grant: (A) KRPC will approve the Comprehensive Housing
Affordability Strategy (CHAS), which will guide how Block
Grant monies and other Federal, State and local monies provide
housing for low income people throughout Kitsap County. (B)
KRPC will also have to adopt a Policy Plan, which will guide
specifically how Block Grant funds will be used to meet social
service, planning, housing and small capital project needs
throughout the County as part of a competitive process for use
of those funds. (C) KRPC will also make the determination as
to which projects will receive funding on an annual basis and
how much each one of them will receive, a job that the City of
Bremerton has done well over the years but will not have to do
under this arrangement.
This document also addresses the program income that will be
generated over the years through Bremerton's Rehab Loan
Program. In 1993, the City generated an additional $100,000
to be used for projects. This agreement states that each year
the City generates program income from the Rehab Loan Program,
it will cycle back into rehab loans within the City of
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Bremerton.
Bremerton will have full administrative responsibility for the
program consistent with the HUD Regulations that guide use of
Block Grant money.
The document also talks about "a Block Grant dollar is always
a Block Grant dollar" as long as there is a Federal Block
Grant Program. These monies can cycle through the communities
time-and-time again, but they never lose that Block Grant
status and never become General Fund monies.
President Horton questioned under the proposed organization,
who will be designating the Block Grant Advisory Committee?
Ms. Dickinson stated the Block Grant Advisory Committee will
be designated by KRPC, and will be one of the items identified
under the Policy Plan. And, under that Policy Plan document
it would have to discuss how people's names are recommended to
KRPC for membership and selection.
Public comment - none.
Mr. Johnson stated he and some members of the Fiscal and
Budget committee were concerned over the language that states
the City can't do things unless the County agrees. But, what
say does the City have over what the County/KRPC may want to
put in the City of Bremerton? He noted that type of issue
will be addressed in CHAS and other documentation so that
Bremerton citizens have a right to comment on whatever
proposal is made by those entities. Ms. Dickinson stated that
was correct. The policy documents for CHAS, as well as the
Policy Plan that will guide the annual allocation, are very
important documents and will require citizen and County-wide
staff participation in the development of proposals. Any
proposals will have to be presented to KRPC through a Public
Hearing process, the same kind of due process Bremerton
currently enjoys in its program. Mr. Johnson stated the City
needs to be attuned to that with zoning and comprehensive
planning so we don't allow the worst case to happen.
Mr. Dawkins stated the Operations Committee sees this as a
first step for more and better agreement with the County and
hopes that everything goes well under the new program.
Mr. Johnson pointed out as a result of the City agreeing to
this proposal, the whole County is helped by tripling the
amount of funding available to help a lot of people who
really need that help.
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#2687
M/S/C/U(Collins/Dawkins) motion to adopt the Interlocal
Agreement between Kitsap County and the City of Bremerton for
Bremerton to administer the County-wide CDBG Program and the
Interlocal Cooperation Agreement with Kitsap County for the
Community Development Block Grant Program 1993-1995, and that
the City Council direct the Mayor to execute both agreements.
Further, the City Council directs the Mayor to inform HUD, in
writing, that Bremerton agrees to defer its metropolitan city
status for 1993, 1994, and 1995.
Councilman Waibel returned to the City Council Chambers.
6B - INTERLOCAL AGREEMENT, KITSAP TRANSIT TO IMPLEMENT COMMUTE
TRIP REDUCTION LAW, #AB92-285
A. SHB 1671, Transportation Demand Management Act, was
adopted by the 1991 State Legislation. It requires
counties to develop and implement commute trip reduction
plans for all major employers in the County (including
cities and counties as employers if they host one or more
large employers);
B. Kitsap County, at the recommendation of the Kitsap
Regional Planning Council and the Kitsap Transit Board,
has requested that Kitsap Transit assume all
responsibility, authority and funding for the required
effort. An Interlocal Agreement including all cities and
Kitsap Transit is proposed to implement this proposal;
C. Council must delegate authority to negotiate and sign the
Interlocal Agreement to the Mayor in order for Bremerton
to be a signatory.
John Clauson, Service Development Manager for Kitsap Transit,
stated this agreement comes about as a result of a law passed
by the State Legislature in 1991. The Legislature looked at
a number of things that were affecting our quality of life,
for example vehicle pollution, congestion, energy use. They
adopted a law that would focus attention on the number one
culprit...commuters, specifically commuters who travel by
themselves in vehicles, single occupancy vehicles (SOY). This
law allows employers who have 100 or more employees that
arrive to the work site between 6:00 AM and 9:00 AM, to
develop a program to encourage their employees to reduce the
number of SOV trips. This law also requires municipalities
that have affected employers located in then to adopt, by
Ordinance, a plan that would assist the employers in adopting
a program. The City of Bremerton currently is an affected
municipality because of Puget Sound Naval shipyard and
Harrison Hospital falling into the category of affected
employers as does the City of Port Orchard and Kitsap County.
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These three governmental bodies have to adopt this Ordinance
by the end of January, 1993, which will assist employers to
address the State's concern.
Kitsap Transit is designated as the lead agency to implement
this law. They will assist in development of a model
ordinance, bring it before the governmental bodies requesting
adoption. Kitsap Transit would notify employers that they
must comply with this law and then work with them to develop
their own program so that they can achieve the goals set out
by the State. Currently, the goals are 15% reduction by 1995
and goes all the way up to 35% reduction in SOV trips by 1999.
Additionally, Kitsap Transit would work with their
Employee Transportation Coordinators to help them train people
within their own organization and to assist them in
communicating with their own employees on alternatives
available. They will also review the plans that would be
required to be developed by the employers to make sure they
will comply. They will review the required reports to make
sure these employers are working towards this reduction.
Because of the time requirements, Kitsap Transit has already
started the process. He introduced Bob Fergusson, Kitsap
Transit's Transportation Management Planner, who developed the
subject agreement and assembled a group of affected employers,
Puget Sound Naval shipyard and Harrison Hospital,
Bangor/Keyport Facilities, as well as municipalities. Kitsap
Transit has a goal that the ordinance will be the same both in
Kitsap County and in the various cities so that if an employer
had two locations the rules they must meet are consistent.
Mr. Clauson pointed out Kitsap County, City of Poulsbo and
City of Port Orchard have all signed the agreement.
Mrs. Fits questioned if Mr. Clauson anticipated Federal
legislation along these same lines, especially in urban areas
or is it strictly a State measure" Mr. Clauson stated this
law was adopted under the Clean Air Act and because of that
obligates Federal Installations to comply with it. He was not
sure if there will be any legislation from the Federal
Government, although congestion management is a major focal
point at the present time.
Mr. Neville noted Olympic College, which is a major employer
in Bremerton, has indicated they do not fall under this
mandate due to their employees not being employed all 12
months of the year. Mr. Clauson stated that was correct,
employees must be "full time employees". School Districts
also fall out of that category due to the same situation.
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TAPE
#1072
Kitsap Transit is notifying all major employers they are aware
of the mandate by law. They will also be putting out public
notice for all employers they may not be aware of and it is
the State law that puts the requirement on them to come
forward once they are aware of it. There is one employer that
is on the border of having to comply. Initially, that
employer responded that they were not interested in
participating, however, once they learned of the requirements
for not complying they decided to reassess whether or not they
will be affected.
Mr. Overson pointed out it was his understanding that Olympic
College was planning a Transportation Plaza as part of their
long range plan. Mr. Clauson stated the College has, as part
of the development of Roosevelt Field area, included a
wonderful transit stop. There has also been discussion with
the College the possibility of providing additional
information on Kitsap Transit for the student population.
Olympic College has been very aggressive in trying to assist
in commuter reduction. Kitsap Transit has worked out with the
Student Body a program whereby those who have a Student Body
Card pay their fare with it on Kitsap Transit, allowing
students to ride free.
Mr. Overson stated being a follower of TQL, which always
establishes a baseline and then measure the progress, he
questions has there been a baseline established or will there
be one in order to measure the progress? Mr. Clauson stated
there is a Commute Trip Zone that is established and is being
done in a variety of ways and primarily out of the Puget Sound
Council Of Governments. This entire area was reviewed and
they established what is the average commute trip length and
what is the average SOV percentage and that is what we all
have to measure ourself against these goals. Each of. the
affected employers will be required to survey their employees
to determine how they fit with Transit's zone and Kitsap
Transit would assist the employer with that survey.
Mr. Colvinquestioned if what Mr. Clauson was taking about was
establishing perimeter parking and bussing employees back and
forth to their work place? Mr. Clauson stated there are a
variety of options available and one of the beauties of this
law is that it allows the employer to come up with their own
program and whatever fits best for their own employees. They
can achieve this reduction however they want, i.e., through
van pools, bus passes, provide bike lockers, etc. One of the
most popular method is preferential parking for car pools.
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Mr. Johnson stated for clarification that this is being
mandated by the State. He also understands this law has
enough "teeth" in it that encourages either positive
incentives to get out of the single user vehicle or
establishes negative incentives to keep people out of the
vehicle. In the past, when the issue of heavy impact of
traffic came up, the line of thought was to widen streets or
provide more parking. That is not necessarily the answer in
the future with this law. There is nothing to say the City
can't provide the parking but provide some rates that still
provided incentive to take the bus instead. In ways to stop
people from using SOV's other than the traditional buses and
telecommuting, he questioned if Kitsap Transit would be
providing counseling services to business in those areas that
don't have to do with transit? Mr. Clauson stated there are
a number of options that go beyond high occupancy vehicle -
flex hours is another one that works verywell. He emphasized
preferential parking for car pools is something they are not
directly involved in other than they will provide ride
matching service at no charge to these facilities to help
identify the potentials for car pools. Telecommuting, flex
hours, bicycling, walking, internal clubs in businesses
provide coupons or tickets for redeeming gifts, are but a few
of the alternatives to SOV's.
Mrs. Fits questioned if the Silverdale Mall could be
considered a single employer? Mr. Clauson explained what
identifies an employer being affected is one that has
employees arriving between 6:00 AM to 9:00 AM. Businesses
whose employees arrive after 9:00 AM are not considered
affected employers. Therefore, the Silverdale Mall does not
fall in the affected category.
Mr. Waibel questioned under the recapture provisions of this
proposal, who will do interpretations and is failure to reach
the goal that are set grounds for the County recapturing the
funds? Mr. Clauson stated not achieving the goal itself would
not be, however, not developing a plan or taking a good faith
effort would put a business in jeopardy. President Hotton
stated that was what the money is for - the plan development.
One of the items included in this proposal is an enforcement
provision. Since Kitsap Transit has been designated as the
lead agent with the County, could she assume they would be in
charge of enforcing the provisions or will some of it fall on
the cities. If so, how would they handle it and would there
be money from the State? Mr. Clauson stated there are funds
that come along with the program, not specifically for
enforcement but which could be used for that purpose. It is
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#0184
the individual jurisdictions responsibility to enforce. One
of the nice things about this proposal is the Ordinance will
include the enforcement element and is being developed by a
group that includes big business. These employers are working
through and agreeing on the process that will govern them.
Along with that, is an appeals process that will be included
in the Ordinance. At this time there is a debate as to
whether that appeals process falls on Kitsap Transit's
responsibility or if it will be within the individual
jurisdictions, how would it be heard...through a Hearing
Examiner or a board of their peers. His personal preference
would be that Kitsap Transit should accept that responsibility
simply to provide consistency throughout.
Public Comment - none.
Mr. Overson questioned where the State funding included with
this program was included in the 1993 budget? Rioh Hanna,
City Treasurer, stated the proposed 1993 budget contains no
revenue for grants that are not already represented by signed
contracts. Therefore, this funding is not in the 1993 budget
at this time. Mr. Overson stated if the City already had that
funding he felt it would best fit into the Planning
Department. Mr. Johnson noted he felt this was something that
would grow like PSAPC and recommended that such funds be
identified in the Parking Fund because transportation and
parking are starting to meld together. He was not comfortable
with such funds being dumped into the general Planning
Department funds.
Mr. Colllns stated next week there will be a Resolution before
Council that makes some changes to the Parking Committee and
Transportation Committee. He felt it might be of value for
staff to look into whether or not this would be the place to
fund implementation of what has to be done. Mr. Clauson
stated the one string that is attached to this funding is that
the City would also be asked to look at City parking policies
and ordinances as they relate to the Commuter Trip
Reduction Law.
M/S/C/U(Dawkins/Colvin) to delegate authority to the Mayor to
sign attached Interlocal Agreement between Kitsap County, the
Cities in Kitsap County, and Kitsap Transit.
Mr. Collins requested Mr. Clauson to pass on to Council some
information the Operations Committee received just prior to
the Council meeting relating to SOV's. Mr. Clauson stated
recent statistics show that 60% of the vehicles passing
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through Gorst during peak traffic hours have more than one
individual in them. That is the highest percentage they can
find anywhere in the State, including areas in King County
where they provide special treatments, i.e, a HOV lane.
Parking, parking price and availability has a major impact on
people's choices.
Bob Fergusson, Transportation Demand Management Manager for
Kitsap Transit, pointed out Kitsap Transit and Kitsap County
have joined a group - Washington State Partners For Smart
Commuting. Soon the public will be seeing and hearing TV and
radio ads sponsored by this organization. This same type of
organization was very effective in the State of Oregon and it
is believed similar results can be achieved from strong ad
campaigns in this area.
Mr. Colvin questioned if HOV lanes will be coming in the
future? Mr. Fergusson explained the transportation demand
management is a larger scope and does include HOV and
accessibility to major highways, etc. Commuter reduction is
basically reducing the single occupancy vehicle rate and the
vehicle miles traveled per employee. In Kitsap County, based
on data gathered as of this date, the SOV rate is 85% of the
commuters that commute between the hours of 6:00 AM and 9:00
AM. The vehicle miles traveled (VMT) per employee during that
time period is 7.5%. Those two figures need to be reduced by
15% by 1995. Mr. Clauson stated they are, as it relates to
the new entrance into Bremerton, looking at possible HOV
treatments and to encourage it in alternate transportation.
The City already took a major step in HOV treatments by
allowing the transit system to use OPTICOM Signal treatment.
The was contacted, this date, by the Chicago Transit
Authority, who were interested in a pre-emption system for
their authority. The City of Bremerton is a leader in the
nation as far as implementation of the pre-emption system for
transit. This fact will be shared at a conference in Paris,
France by the chicago Transit Authority representative.
Mr. Johnson requested that Mr. Hanna, City Treasurer, address
Items 7A, 7B and 7C under one discussion.
7A - RESOLUTION NO. 2415, AUTHORIZING AN INTERFUND LOAN FROM
EOUIPMENT RENTAL RESERVE FUND TO WATERFRONT PARK CONSTRUCTION
FUND, #AB92-286
An interfund loan to the Waterfront Park Construction Fund
will be necessary to finance the cash flow of the construction
and mitigation until the bonds previously authorized can be
sold in January of 1993.
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#0825
Rich Hanna, City Treasurer, stated by way of background,
Council recently authorized the sale of the refunding
water/sewer revenue bonds so that the City could refinance the
mortgage on the wastewater treatment plant and related
improvements. One of the things that became necessary in
bringing that deal to closure, was to limit the City's tax
exempt borrowing on behalf of the City to less than 10 million
dollars for the calendar year 1992. That was driven by some
Internal Revenue Service regulations governing the issuance of
tax exempt debt. Because of that restriction, the City was
prevented from accessing the bond market for the mitigation
bonds, overwater park bonds as well as accessing the bond
market for the new money portion of the water/sewer revenue
bonds that were authorized. The ordinance authorized the 9.9
million dollars refunding bonds to be issued by the Utility as
well as 3 million dollars of new borrowing to carry out the
capital improvement program for the water/wastewater
utilities. That 3 million dollars of new capital cannot be
acquired until after the first of 1993.
The City proposes to borrow from the Equipment Rental Reserve
Fund $650,000 to be used in the Waterfront Park Construction
Fund. Council has already authorized $500,000 of bonds to be
sold, which will provide the permanent financing for the
mitigation project. There is also a cash flow constraint,
which is represented by the retainage of 10% of the grant
revenue from the EDA and State ALEA grants. The City is
required to make progress payments to the engineers and
construction contractors as work is performed and concurrently
the City can draw against the grants that comprised a
significant amount of financing but the grantor agencies hold
back 10% of the grant revenue until the project is completely
closed out. Therefore, what exists is a timing situation in
which the City has to expend the money prior to receiving the
last 10%.
Public comment - none.
M/S/C/U(Johnson/Colvin) to approve Resolution No. 2415
authorizing an interfund loan from the Equipment Rental
Reserve Fund to the Waterfront Park Construction Fund.
Vote on motion:
Motion carried.
In Favor: Neville, Fitz, Waibel, Horton,
Collins, Dawkins, Colvin, Johnson
Abstain: Overson
7B - RESOLUTION NO. 2416, AUTHORIZING AN INTERFUND LOAN FROM
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#0840
#0850
EQUIPMENT RENTAL RESERVE FUND TO PUBLIC WORKS COMPLEX
CONSTRUCTION FUND, #AB92-287
An interfund loan will be necessary to finance the cash flow
of the Public Works Complex Construction Fund until external
financing can be arranged.
Rich Hanna, City Treasurer, stated this proposal is to lend
$50,000 from the Equipment Rental Reserve Fund to the Public
Works Complex Construction Fund. Here, the City had borrowed
funds on a Bond Anticipation Note, a short term financing, and
in anticipation of having a Public Works Complex built at this
point in time. Due to a variety of circumstances, that has
not been possible to achieve. The City has acquired some
additional property and made some preliminary expenditures in
extending utility services to that site, resulting in spending
slightly more money than earned in interest revenue on
borrowed funds to the life of the borrowing. This is another
instance where access to the Bond market must wait until
January, 1993.
Public Comment - none.
M/S/C/U(Fitz/Collins) motion to approve Resolution No. 2416
authorizing an interfund loan from the Equipment Rental
Reserve Fund to the Public Works Complex Construction Fund.
7C - RESOLUTION NO. 2417, AUTHORIZING AN INTERFUND LOAN FROM
WATER FUND TO WASTEWATER FUND, #AB92-288
An interfund loan will be necessary to finance Wastewater
Capital projects until the authorized revenue bonds can be
marketed.
Rich Hanna, City Treasurer, stated this proposal is lending to
the Wastewater Utility from the Water Utility as a result of
not being able to borrow the new money portion of the
Water/Wastewater Revenue Bond prior to January 1993, in order
to carry out improvements that are on going at this time.
Public comment - none.
M/S/C/U(Waibe1/Neville) motion to approve Resolution No. 2417
authorizing an interfund loan from the Water Fund to the
Wastewater Fund.
8A - PUBLIC HEARING: BUDGET HEARING 1993, #AB92-289
The purpose of this hearing is to take public testimony on the
1993 proposed budget.
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Mayor Louis Mentor stated the proposed 1993 budget is
basically a "hold-the-line" budget with just some minor
changes. The City has been fortunate this year and no major
cuts in personnel are being proposed along with maintaining
present City services.
Mr. Overson stated in 1992 the City had a number of vacant
positions that helped balance the budget. He questioned if
the Mayor believed he could hire and hold all necessary people
included in the budget for 19937 Mayor Mentor stated there
were a lot of changes made last year and some vacancies
created, such as in Municipal Court and through attrition in
other departments. Some of those positions will be filled but
not most of them. The ones to be filled are anticipated to be
for the entire year.
Public comment - none.
Mr. Johnson acknowledged that it was difficult for the general
public to pick up a City budget and understand what it all
means, He believed the local newspaper was covering Council's
budget discussions and those meetings are open to the public
as well.
With no further business meeting adjourned at 7:44 P.M.
KATHLEEN L. McCL6~, City Clerk
~Y~HORTON, Council President
City of Bremerton
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