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HomeMy WebLinkAbout08/01/90TAPE #754 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES AUGUST 1, 1990 #002~ #0048 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4TH Street, Bremerton, Washington, Wednesday, August 1, 1990 at 5:30 p.m., with Council President Lynn Horton. Council members present were Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin and Russ Johnson. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by President Lynn Horton and the Invocation was given by Reverend David Green of the Sylvan Way Baptist Church. President Morton announced Item 7B would be added to the Agenda - Resolution #2308 Placing Admiral Theater Contract Extension On the September Ballot. CONSENT AGENDA A. Minutes Of Meeting - July 18, 1990, #AB90-197 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing which has been made available to the council. M/S/C(Johnson/Waibel) on August 1 1990, the Council does approve for payment those vouchers included and further described as follows: 114189, 114190, 114191, 114247 through 114350 in the total amount of $330,278.28. Vote: In favor: Abstain: Overson, Estes, Horning, Waibel, Collins, Dawkins, Johnson, Horton Colvin COUNCIL MEMBER REPORTS Mr. Estes reported as of 3:00 PM today parking meters are still on Pacific Avenue due to the fact that the department removing them did not have a place to store them. He suggested using space in the City's old jail to store the meters once they are removed. He cautioned slum landlords that now that the City has a Building Official work can get going on ridding the City of slum housing. He noted Council members receive comments from citizens regarding TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 2 of 14 be taking any official action on such information other than conveying the problem to the proper authorities. Mr. Hornin_n~qreported on the Subregional Council meeting this date - he will be a member of a committee to completely review CenCom as it exists today, its relationship to the City and staffing and a lot of what CenCom will become depends on what the citizens desire, need and are willing to pay for. If anyone has any questions or comments regarding CenCom services he requested they contact the City Council Office. He reminded Ms. McCluskey, City Clerk, to speak to Mayor Mentor about the City's review of its relationship with CenCom as payee/payor and hoped this review would be made in the very new future. The Kitsap County Board Of Health released a report "Youth At Risk, The Task Force", which relates primarily to the AID's question in children. He noted a copy of this report is in the City Council Office and available to anyone who would like to review it. He emphasized that this is a serious problem, the County is at crisis and the community needs to be aware of the situation. Mr. Waibe~ reported the Bremerton Float took First Place in the Whaling Days celebration and for anyone who would like to see the float it will be in the Seattle Torch Light Parade on Friday, August 3 (the third entry of the parade). Mr. Colvin stated he and several citizens discussed the City's new parking regulations and he wanted to provided some information for the public regarding costs of the new parking regulation equipment. He noted the costs of software was $16,000 and hand held computer units were $2,500 each (4 total). He questioned if four hand held computers were enough to cover the area that is contemplated as "free parking" zone area? And, the total cost of the equipment was much lower than previously reported as $50,000. He noted that the parking fine for overtime parking in a 2-hour free zone is $10.00 and a $5.00 fine for returning in the same zone regardless of time. Of the $10.00 fine money, the City gets to keep $6.60, $3.20 goes to the State and $1.20 goes to Kitsap County. He requested a timely update on how well the new parking policy/system is working. President Horton emphasized that overtime parking in commercial areas on Callow Avenue and the downtown area is $5.00 and $10.00 in all other areas of the City. Mr. Dawkins reported on Tuesday, July 31, the USS Truxton arrived at Puget Sound Naval Shipyard and his Office, Reid Realty Inc., was in charge of the welcoming ceremonies. He displayed several posters which were attached to an archway entry, which reflected special words of welcome from the Navy wives, Mayor and City Council and general citizenry of Kitsap County. He noted the responses from the ship's Captain and crew were very nice. TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 3 of 14 Mr. Collins reminded everyone of the 200 South Lafayette Block Party scheduled for Sunday, August 5, 2:00 PM. Mrs. Morton announced a Maritime Heritage Festival will be held this weekend, August 3,4,5, at South Lake Union in Seattle. The USS Turner Joy group and the Visitors and Convention Bureau are looking for volunteers to distribute information on the USS Turner Joy project and the Bremerton Naval Museum. Anyone interested in helping out during this event distributing brochures may call the Visitor and Convention Bureau (Mary Lou Cameron or Mary Chapman). And, on Tuesday, July 31, she and her family took a trip to SEATAC Airport and had the pleasure of picking up a Japanese Exchange Student, who will be visiting her family for the month of August. PUBLIC RECOGNITION Chuck Laubach, Chairman of the Sister-City Program/Bremerton Central Lions Club, stated this is the 21st year of the Kure, Japan/City of Bremerton Sister City Program. He briefly outlined the programs' activities of sending four students from the Bremerton area to Kure, Japan and in return the City of Kure, Japan send four students to the City of Bremerton for a months visit. He also noted that other delegations from Japan have visited this area and the City and Bremerton central Lions Club have welcomed them and acted as hosts during their brief stay in Bremerton. He introduced the students and their host families as follows: Koichiro Maeda - hosted by the Dr. and Mrs. Robert Walker, 5320 Chico Way NW; Masaki Kuribayashi - hosted by Mr. & Mrs. Steve Rice, 2328 7th Street; Rieko Aotaki - hosted by Mr. & Mrs. Craig Smith, 2746 Hefner Avenue; Makoto Wakimoto - hosted by Mr. & Mrs. Frank Horton, 2028 Taft Avenue. Mr. Laubach announced the students and their families would be attending a Welcoming Party at the Lions Club Annual Picnic at Evergreen Park immediately following their appearance before the City Council. 6A - EMPLOYMENT CONTRACT - UTILITY FIELD SUPERINTENDENT - KENNETH C. GLASBY, #AB90-198 The Utility, following interviews of all applicants for the position of Utility Field Superintendent, has extended an employment offer to Mr. Kenneth C. Glasby. Mr. Glasby has extensive background in construction management and field inspection of various projects to include street and highway projects, storm and sanitary sewer systems and wastewater treatment plants. Bill Dully, Utilities Director, introduced Mr. Glasby to the City C'6h~il and noted he comes to the City with a wide variety of experience relating to Utilities, which is very much needed. TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 4 of 14 Kenneth GlaS~I thanked the City Council for bringing him and he looked forwarded to working together. on board Public comment - none Mr. Collins expressed concern, not about Mr. Glasby's qualifications, but felt there was a problem in that the Equal Employment Opportunity (EEO) issue had not been properly addressed in the contract or the description of duties, therefore he could not support this contract. President Horton questioned if the Council could approve the contract noting that there will be an EEO element included that both parties can sign off on. Mr. Sievers, City Attorney, stated the EEO aspect of affirmative action only go to appointing authorities of the City, which are only Department Heads and would not apply to a third tier manager, such as this position. Fair treatment to the public, which is part of the third party contract, would apply, but all City employees are required to give fair treatment to the public per the Ethics Ordinance, which by its terms they are required to obtain a copy and read it. This could be reiterated in Manager's contracts as part of the standard form and state that they will comply with the City's Affirmative Action Ordinance. President Hotton noted this may be an issue that needs to be discussed during a Study Session. Mr. Colvin stated he it was good for the public to be informed that the City ~ an Equal Employment Opportunity employer and including something in the contracts would be another way to bring this out. Mr. Waibel pointed out this is a departure from the normal contract as the City is offering a salary at 100~ of mean rather than the normal 92~ of mean and two months severance rather than one month severance in a first year contract. Mr. Overson questioned if he was correct in his understanding of "two months severance" in that it means the City could be paying an individual two months after they left employment? Mr. Sievers stated not in all conditions where the employee is terminated for cause is there any severance pay or more notice is not required. Where there is a situation where an employee is separated without cause there will be, according to this contract, two months severance pay awarded and 30 days notice given of the termination. Mr. Overson stated he was still uncomfortable with the term - this had no ending term. Mr- Sievers stated all of the employment contracts with the City are not for fixed terms. Mr. Overson pointed out there are contracts in the City that do have an ending term, one being the City Auditor. TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 5 of 14 Mr. Colvin questioned what would be the salary for this position? Mr. Duffy noted the salary would be $38,850.00. Mr. Co11%~ questioned if the $38,850.00 salary is almost that of other Department Heads and may exceed other Department Heads he was not sure if this was fair. He questioned if the City Attorney would change the contract by inserting an EEO statement into the contract. Mr. Sievers stated he would certainly place in the contract an obligation, similar to the Ethics Ordinance, to treat fairly all members of the public and services of the City. He pointed out this position would not be in that level of making hiring or promotional decisions. Only the Department Heads make hire or promotional decisions for the department, so it would be meaningless in this contract. Mr. Waibel stated the job description is incorporated into this contract by statement of description of services - he is to treat all of his supervisees under the City's Affirmative Action and EEO, promotion and hiring are not the only EEO complaints that may arise, others may include sexual harassment, disciplinary problems; and there should be wording included in the contract insure that appropriate action is taken. Mr. Sievers stated there is a distinction between Affirmative Action and discrimination and he believes what is being discussed at this time is discrimination, either by subordinates or the public. Mr. Collins stated EEO and Affirmative Action joins together. Mr. Sievers stated they had changed the term for the officer, which it is now recognized as the Affirmative Action Officer. He noted that a non-discrimination clause can be included in the contract. Mr. Collins stated he could support the proposed contract if the City Attorney will take the appropriate action as he had stated. #0618 M/S/C/U(Dawkins/Horning) to approve employment contract, including the EEO clause, and authorize the Mayor to execute said contract subject to City Administrative Policies and Procedures, 6B - LEASE AGREEMENT - WESTERN TELEPAGE,..INC., #AB90-199 Western Telepage, Inc., a division of McCaw Cellular Communications, Inc., has petitioned the Utilities for the renewal of its lease for operations of a communications facility on Utility property at Reservoir #15 located at 1925 N.E. Cheryl Street. The attached proposed agreement provides for a ten-year lease of the Utility's facility and establishes a monthly site rental fee of $325 to be adjusted each subsequent year based on the change in the Consumer Price Index. Revenue generated from this lease will be retained in the Water Utility Land Acquisition Reserve Account. TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 6 of 14 Bill Duf~_X, Utilities Director, stated this is just a renewal of an existing lease. Public Comment - none #0899 M/S/C/U(Dawkins/Estes) to approve the agreement for lease of real property by Western Telepage, Inc., subject to terms and conditions of the lease agreement and authorize the Mayor to execute said contract subject to City Administrative Policies and Procedures. 7A - ORDINANCE #4282 (SECOND READING) ESTABLISHING ADMIRAL THEATER [UND, #AB90-188 Public Comment - none #0928 M/S/C/U(Waibel/Horning) to pass Ordinance #4282, on second reading, creating a special revenue fund of the City of Bremerton to be called The Admiral Theater Fund and designating the use thereof. 7B - RESOLUTION #2308, PLACING THE ADMIRAL THEATER CONTRACT EXTENSION ON THE SEPTEMBER BALLOT, #AB90-200 The City and the Admiral Theater Foundation have entered into a 10 year operating agreement which grants an option to extend for a period of time approved by the voters. The Charter requires voter approval of any term greater than 10 years. The proposition referred by this Resolution calls for a 40 year extension option, resulting in a total approved term of 50 years, the maximum allowed by City Charter. Kathleen McCluskey, City Clerk, placed on the September Ballot: read the language that would be "Should the City of Bremerton grant the Admiral Theater Foundation a 40 year extension of their agreement to operate the City's Admiral Theater, for a total contract term of 50 years." Rob Schneidler, President Of Kitsap Physician Service, stated he was representing Ike Parker, Chairman of the Executive Committee of the Admiral Theater Foundation; and representing the Chairman of the Foundation's Fund Raising committee. He pointed out the Foundation's request for an extension of 40 years was consistent with previous action granting the YMCA a 40 year extension on their project. The Foundation is of the opinion that a 50 year total lease would give the citizens of Bremerton and residents in Kitsap County a good return on their money for their investment in renovation of the theater. He briefly explained the reason for coming back so quickly to Council was due to the Foundation's wanting to kick off the fund raising campaign the beginning of 1991 and having the issue placed on the November Ballot would not given them much time after the residents cast their vote to gear up TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 7 of 14 for that campaign. Therefore, the Foundation is asking that this issue be placed on the September Ballot, which requires a submittal deadline of August 3o ~. Johnson emphasized the City Council stated their support of the Foundation's efforts through the Resolution that was passed at the last City Council meeting and the sooner work can begin on the renovation of the theater the more benefit it will be to the City and citizens. Mr. Schneidler stated if the voters pass this Referendum in September, the Foundation will not wait until the first of next year to start making major repairs that are necessary. Mr. Colvin wished to go on the record of supporting this Resolution and wished the Foundation well on this project. #1119 M/S/C/U(Dawkins/Waibel) to pass Resolution #2308, referring a 40 year contract extension for the Admiral Theater Foundation to the September 1990 Ballot. #1141 M/S/C/U(Waibel/Horning) to continue this meeting to Monday, August 6, 5:30 P.M., to continue further discussion relating to Kitsap County/City of Bremerton relationship as it relates to growth management. Mr. Johnson stated there are a lot of major things happening not only with growth management that affect ways governments are structured around Puget Sound and across the State. One of them is "Vision 20/20" and next year the current Puget sound Council Of Governments (PSCG) will no longer exist in its current form. And, its replacement will be a new form of Council Of Governments. As a part of that change, the Subregional Council of Kitsap County will also be dissolved and something new needs to be organized in place of that governing body. The question that needs to be addressed is how will governmental entities in Kitsap County work together as they have under the Subregional Council organization? All of the changes are brought about under the umbrella of Senate House Bill 2929, Growth Management Act. He suggested inviting a staff representative from the Association Of Washington Cities, who is following the growth management issue from cities prospective, make an informational presentation during a Council meeting. Meeting ended 6:13 P.M. AUGUST 6, 1990, 5:30 P.M. President Horton opened the meeting to continue discussion from Council meeting - August 1, 1990. Following Council members were present: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 8 of 14 A1 Colvin, Russ Johnson. Councilman Morrie Dawkins was absent and Councilman C. R. "Tiny" Collins joined the meeting at 5:42 P.M. President Horton announced the item held over for this continued Council meeting was to discuss the regional planning that will be taking place in light of the grown management legislation adopted by the State. Because Puget Sound Council Of Governments (PSCOG) and Subregional Council will be dissolved within the next six months, it is Council's task to figure what kind of alternative organization will be developed. As part of this discussion Council has before them an Interlocal Agreement between all the entities in City County to form a Kitsap Regional Service Council and the intent is that this organization would replace the PSCOG and Subregional Council. Public Comment - None Mr. Horning briefly outlined actions taken by the PSCOG to dissolve that organization as it is known today. He noted Councilman Waibel served on that governmental body as the City's representative. Mr. Waibel explained the process that resulted to where were today started prior to the State enacting legislation. The demise of this organization seemed to be the inability of the small cities, City of Seattle and King County to continue operating under the PSCOG's agency, which was a voluntary agency and which included King County, Kitsap County, Snohomish County and Pierce County. Those four counties and all the cities in those counties and the largest city in each of the counties (central city) were voluntarily agreeing to plan all the regional transportation activity through that agency. This agency was identified by the State as the local/regional agency for accepting Federal FAUS funds for large transportation activities, such as highways, bridges, etc. As the result of that inability of the largest County to work together with the other members, the other counties and cities agreed to look at what the purpose of the PSCOG was, what future did it have, and as a part of that process decided within a two year period they would disband that agency and try to replace it with something else. They tried to get legislation to authorize officially its existence, however, the State's Growth Management Act was adopted about this same time. With the disbanding of the parent organization (PSCOG), the Subregional Councils are to also be disbanded, taking place in mid 1991. Mr. Horning stated one of things that takes place as part of the old Council Of Governments format is how Kitsap County relates to the other Counties as far as ferries, major highways, etc. If this organization were to completely disband and not reform there would be no organization involving Kitsap County and the four cities TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 9 of 14 within the County, with Bremerton being the central city. With out that the County and Cities would loose a lot of their impact on ferry funding and distribution of Federal funds. What is being considered at this time is that if transportation is going to be the primary emphasis, with this being the decade of the cities and trying to do growth management, the City needs to have a firm and honest seat at the table with all of the players. What the proposed Interlocal Agreement does is establish a Kitsap Regional Service Council - taking the three small cities, Poulsbo-Winslow- Port Orchard with Bremerton as the central city, and Kitsap County as the county and allocates the votes as they are today so that they all have the same seat at the table as previously organized under the PSCOG format, which preserves the opportunity to speak on growth management, how Kitsap Transit is managed, how State highway and FAUS monies are spent. What is being accomplished through the Interlocal Agreement is to not allow anyone to become a lead agency and declare what is going to happen. The side affect of this is annexation issues, growth, sprawl, etc.. He noted that Councilman Waibel, Council President Horton, Mayor Mentor, Past Mayor Lobe and he have all felt that the City needs to have a fair voice at the table when large issues are at hand. This agreement has been adopted already by the City of Port Orchard and City of Poulsbo. He pointed out the details within the agreement are yet to be worked out, but the City is not locked in if decide not to be included. President Horton stated upon the official restructuring the By-laws will be developed. Mr. Morning added that King, Pierce and Snohomish Counties may have a different set of By-laws and interact between themselves differently than those in Kitsap County, but he stressed Bremerton and other governmental entities in Kitsap County need to continue with a strong voice at this level. In the past, Kitsap County has had a strong influence in the Seattle/King County Metro Region and that has not made everyone happy. It is only fair if this area is taking a lot of their growth pressures and problems they pass off and right now the overall agency (4-county master) would only have Kitsap County having two votes where King County would have 15 votes, Pierce County - 6 votes, Snohomish County - 3 votes (they are trying to get 4). He pointed out this is an absurd allocation of votes and believes it is an unusable situation. Mr. Johnson stated he recognized that there needs to be a replacement body for the Subregional Council, but he could not believe that growth management could take place without all the players working out the problem. One aspect he likes about the Interlocal Agreement is its independence of anything else that happens with the PSCOG's replacement activity, which he was not sure Bremerton would be in. If Kitsap County only has 2 representatives out of 30-40 people, this would take the control of growth out of the local governments control. He strongly believes TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 10 of 14 that Kitsap County's major city (Bremerton) should have a guaranteed vote just like the other three counties. For some reason Bremerton was left out. He expressed concern with certain sections of the Interlocal Agreement: (1) under Recitals - he believes land use belongs with the local jurisdictions; (2) By-Laws - it reads: "The By-laws can be amended by 2/3 vote of the full Executive Board members who are present and voting." If the By- Laws are established by the members of governments then the changes should be pass by all the members of governments also. ~esident Horton noted one of the things on land use that may relate to this group, is that the growth management legislation is asking that the counties establish urban growth areas and within that framework the cities and counties will have to work together to form those growth areas. And, she felt it would be passed in the same format - first worked out at a local level and then passed at the Service Council level so that the State would know we, as a County, have entered into an agreement that these are where the growth areas will be. Mr. Johnson stated he understood that in part, however, he did not support the City having to submit its Comprehensive Plan, for what is desired for Bremerton, to the County for approval. Don Pratt, Director Of Community Development, stated the City does what the State contemplates under the recent growth management legislation, that is coordinating our Comprehensive planning around the edges where physical development occurs so that the City doesn't plan to have buffered green belts where the County plans to have intense development; and coordinating the amount of growth each city and urban growth area in the County would take. To that extreme, the State has mandated there shall be coordinated comprehensive planning between the cities and county but beyond that they are not contemplating someone saying this is where your industrial, housing, commercial etc., should go. Mr. Johnson stated that makes more sense, making it more a mediation council rather than an arbitrator. Mr. Pratt stated the term "cooperative regional development" covers what he was trying to say. Mr. Johnson stated he wanted to make sure that land use decisions within the border of Bremerton stays with in the borders and there is in the State law something about surveying the County and finding out some facilities overall everybody needs in which the City might want to share, i.e., utilities, parks, etc. He did request that his recommendation regarding changing the By-Laws be included in any action council might take. Mr. Estes questioned if this would get big brother off the City's back? Mr. Horning stated no, but part of "big brother" is us. President Horton stated by us taking the initiative at this point and saying that we will have a say in our destiny will help keep "big brother" off our backs. Saying, we will, as a County and community, figure out where we want to go in the future. Mr. Waibel stated in order to get Federal funds for the County/Cities TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 11 of 14 own transportation there has to be a Metropolitan Planning Organization and governmental entities must belong to that organization. PSCOG has acted and been recognized by the Federal Government as a Metropolitan Planning Organization for this four county area and by having that the City was able to get funds returned as well as having a say where those money were to be spent. If we do not continue some kind of regional organization that we have some voice in, we won't get money back from the Federal Government and we won't have any control over how those monies are spent, even in our own County and City. This will not get "big brother" off our back, but we need to take some control of some of the money they have taken and put back into our spending control. A1 Colvin questioned what will the City have to give back in return for Federal funds? Mr. Horning stated if we are not in a seat to request that money it won't come back. Mr. Colvin questioned when we do get monies back, what are we obligated to do? President Horton stated we are obligated under the new State Growth Management Act to coordinate with the rest of the County to come up with a Comprehensive Plan for the whole County. Mr. Colvin stated he did not want to give any of the City's rights away. President Morton stated if anything, this action is helping to preserve the right the City has at present. Mr. Johnson stated looking at the alternative of doing nothing - (1) FAUS money would go away for transportation unless the State gave out a dole; (2) if the cities and county don't cooperate together to solve the problem then the funds would default to the county. Mr. Waibel stated one of the interesting things behind all this activity is the fact that Washington state has until recently been non-urban county area - the entire State was undeveloped, except for King County. Now there are a lot of counties that are being very urbanized and those county governments do not want to give up the control and authority they had in the "non-urban counties" to do non-urban activities and they are trying to take on many urban services necessary in highly populated areas. The State has recognized how to handle that transition from very large density areas that are now continued to try and be controlled by what was a County Government system set up to run sparsely populated areas and so the definition of "what is a county" and "what is a city", "what is the difference between incorporated and unincorporated", is developing and the City has not had much say as to how those definitions are developed and by default much of what the cities have not taken have remained under the control of the counties. Mr. Collins pointed out in the past the City experienced a costly lesson in ending up with only 504 funding of the wastewater treatment plant and didn't feel the City could afford to let something like this happen again. He did not feel the City can be TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 12 of 14 the tail on the County's kite - the City has to have a very strong say in what goes on in our area and Bremerton is the largest metropolitan area in Kitsap County. Mr. Estes questioned where are these rules and mandates coming from, the Federal government, State government? Mr. Horning stated this is primarily coming from the State of Washington through growth management and legislative representatives. If something is not done about this so that the City will have a vote to cast in making decisions, the State will pass on decision making power to another lead agency. Mr. Estes questioned does this mean that the State or County or someone will come in and tell the City where and how to zone or whether Bainbridge Island can become a city or not? President Horton stated it could possibly come to that - in the worst extreme the State has said they will come in and plan for you. If the cities are not at a equal level with the County then the County can say "you will do this"! Don Pratt stated his estimate is that the recent growth management legislation that the State passed, which does require coordination between the cities and county and the counties within the area, will impact only about 10~ of land use decision. In the 10~ that it impacts ... transportation planning, where roads will go, the State-wide- region-wide facility, i.e.,location of prisons, solid waste facilities - things that serve the whole region, those decisions will be made on a regional basis or a county basis and by this Interlocal Agreement the local governmental entities are starting to draw the votes on who sits at that table and who has what vote. The other 90~ of who does the specific zoning, how housing will be developed and how other things are developed, are not affected at all. There clearly is a 10~ impact, on the other hand, the City of Bremerton has a 10~ impact on what happens in Kitsap County, Poulsbo and what happens in Seattle. The decision is not made cella by Bremerton elected officials, it is made by elected officials within the County or within the region. The coordination that is achieved when working together is better than the ability to say no by one's self - you get a lot more back when a decision is shared. Mr. Estes questioned what happens to self- determination, self- government and freedoms the City are suppose to be guaranteed under the Constitution? Mr. Pratt stated you still get them and in his opinion they are enhanced. Mr. Waibel pointed out Mr. Estes' asked whether or not a city could be able to be organized on Bainbridge Island or a better example is whether a city could be organized in Silverdale. under the current law, annexation cannot take place outside what is designated an urban growth area. And, if there is a city in that urban growth area, annexation can only take place to that particular city. He questioned if he was correct in understanding that if there is an urban growth area that does encompass Bremerton and Silverdale as one urban growth area, the only annexation that can take place is #1407 TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 13 of 14 to Bremerton - Silverdale would not be able to establish itself as an independent incorporation under current state law if in fact that is defined as an urban growth area. Mr. Pratt stated for the most part that is correct. There is a lot of discussion on that point but the legislation envisioned only existing cities or one new city within urban growth areas, that is not explicitly detailed and discussion on this is just starting. Part of that discussion takes place in the regional groupings, such as the action Council is considering at this time. Mr. Johnson questioned if the Kitsap Regional Service Council would qualify to serve as the lead agency for implementation of the Growth Management Act in Kitsap County? Mr. Pratt stated the answer is not a clear and concise no because the State Legislature passed a very broad legislation and then told the cities and counties to go make it work. They did not pass a detailed plan telling you how to make it work. But, the understanding is that something like the Interlocal Agreement is what the State envisioned happening to implement Senate House Bill 2929. If this body were to make application for the funds that will be available, they would consider it an authoritative and legal body to ask for that money and undertake implementation of the Act. Mr. Johnson noted that was the purpose for saying that part of the purpose for the Kitsap Regional Service Council would be to function as the lead agency for the Kitsap County area, and he questioned if this would make sense from a professional planning point of view? Mr. Pratt stated that would be both professionally correct and what the State envisioned would happen. M/S/C/U(Horning/Johnson) to adopt Resolution #2311, agreeing to the Interlocal Agreement and direct the City's three representatives on the current PSCOG to cast their vote as such, with a change to Paragraph 1 Organization - Composition And Nature, last sentence to read as follows: "The By-laws may be amended by a majority vote resolution of the member jurisdictions"; adding an item to Paragraph 2 Delegated Authority And Purposes: Section A (bumping the four previous items down) - the primary purpose of the Kitsap Regional Service Council is to function as the lead agency for Kitsap County in the implementation of the State of Washington Growth Management Act SHB 2929. M~. Overson questioned when would the Council be able to view the revised agreement as amended? President Morton requested the amended agreement be provided to Council on Wednesday, August 8. TAPE #754 City Council Reg. Mtg. Minutes August 1, 1990 Page 14 of 14 With no further business meeting adjourned at 6:10 p.m.. KEY, CITY CLERK APPROVED City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault