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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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 2 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 3 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 4 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 5 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 6 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 7 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 8 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 9 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 10 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 11 of 21 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 TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 12 of 21 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. TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 13 of 21 #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. TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 14 of 21 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. TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 15 of 21 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. TAPE #1071 City Council Reg. Mtg. Minutes November 18, 1992 Page 16 of 21 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 TAPE #1072 City Council Reg. Mtg. Minutes November 18, 1992 Page 17 of 21 #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 TAPE #1072 City Council Reg. Mtg. Minutes November 18, 1992 Page 18 of 21 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. TAPE #1072 City Council Reg. Mtg. Minutes November 18, 1992 Page 19 of 21 #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 TAPE #1072 City Council Reg. Mtg. Minutes November 18, 1992 Page 20 of 21 #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. TAPE #1072 City Council Reg. Mtg. Minutes November 18, 1992 Page 21 of 21 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 KLM/LH/me cc: Normal Distribution File/Vault