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HomeMy WebLinkAbout12/29/76 CITY COUNCIL MEETING MINUTES December 29, 1976 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the City Council Chambers, City Hall, 259 Fourth Street, on Wednesday, December 29, 1976, at 9:05 A.M., PST, with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Assistant City Attorney McCluskey, and members of the press and radio. Meeting was opened with the Pledge of Allegiance and invocation was given by Pastor Jerome Brock of the peninsula Bible Fellowship. MINUTES OF DECEMBER 22, 1976 Clerk read minutes of Dec. '2'2, 1976. Mayor Jarstad ordered the minutes to stand approved as amended. NOTICES OP EMPLOYMENT James Coombe, Street Dept., $5.00 per hr., effective 2/20/76; Donald G. S. Lay, Parks & Recreation, part-Time Play Leader, $5.00 per hr., effective ~2/29/76; and Arvilla Joan Ohlde, Parks & Recreation, Part-Time Play Leader, $5.00 per hr., effective 12/29/76. Motion by Commissioners Schoneman and Stewart to approve Notices of Employment, carried unanimously. CHANGES IN PAY STATUS Clerk presented salary increases for supervisors for 1977. Motion by Commissioner Stewart and Mayor Jarstad to approve Changes in Pay Status as prepared by Civil Service Secretary-Examiner which is for a 6% increase to all supervisors, including City Clerk, and a pay adjustment to Ray Otis, Richard Goodpasture, Bob Theroux, and Ken Attebery. Under discussion: Commissioner Schoneman asked if the increase turns out to be more than 6%, will the super- visors get this adjustment and will it be retroactive. Mayor Jarstad stated that the supervisors will get an additional increase if it is approved, but it will not be retroactive. Motion carried unanimously. SEPARATION Richard W. Steele, Cemetery Dept., Extra-help, effective ~2/23/76. Motion by Mayor Jarstad and Commissioner Stewart to approve the separation, carried unanimously. AppLiCATIONS FOR LICENSES Taxicab Drivers' Licenses: Richard L. Montgomery, Timothy L. Wombolt, and William Joseph Manson, all approved by Police Department. Motion by Mayor Jarstad and Commissioner Stewart to approve Taxicab Drivers' Licenses, carried unanimously. Masseuse License Renewal: Ruby Lucille Tennant, approved by Police Dept. and Health Dept. Motion by Mayor Jarstad and Commissioner Stewart to approve Masseuse license Renewal, carried unanimously. ORDINANCES - PETIT LARCENY AND SHOPLIFTING Chief Schlie spoke to the City Council coneer'ning the new ordinances for petit larceny and shoplifting. He stated that the reason for the change is that it is in conf'lict with the State Law which went into effect in July; that shoplifting and petit larceny is a misdemeanor under the current ordinances, and under State Law it is a gross misdemeanor; that the amounts have been changed from $75.00 to $250.00. Commissioner Stewart asked if anyone has been sent to jail for shop- lifting and Chief Schlie stated that many people are sent to jail because they are not able to pay the fine. Commissioner Stewart questioned the need to have a .jail term included in the ordinances and he suggested that those who were unable to pay a fine work in public service to pay it. After considerable discussion, it was decided to' ask the City Clerk to get statistics on how many people have been sentenced to prison under this ordinance and to hold the ordinances until an answer is obtained. CITY COUNCIL MINUTES December 29, 1976 Page two BID CALL REQUEST - FM COMMUNICATIONS MONITOR TEST SET Clerk read memo from Communications Dept. Supervisor, dated Dec. 23, 1976, which requested authorization to call for bids for one FM Communications Monitor Test Set for the Communications Dept. Motion by Commissioner Stewart and Mayor darstad to approve the request, carried unanimously. SUPPLEMENT #3 - AGREEMENT TO 16th & WARREN Clerk read memo from City Engineer, dated Dec. 28, 1976, which requested that the Mayor sign Supplement #3 - Agreement to 16th & Warren. Motion by Commissioner Schoneman and Mayor' Jarstad to authorize the Mayor to sign, carried unanimously. BILLBOARDS (LETTER FROM CITY ATTORNEY'S OFFICE) Clerk read letter from City Attorney's office, dated Dec. 22, 1976, and signed by Christopher A. Washington, which stated that it was within the discretion of the planning board to grant the request for a building permit for replacing billboards at Wheaton Way and East 14th St and Wheaton Way and East 18th St. Commissioner Schoneman stated that he concurred with the actions of the Building Dept. in issuing a permit and that a copy of the letter should be sent to Mr. Vockrodt. DISABLED AMERICAN VETERANS' LETTER Clerk read letter from Disabled American Veterans, dated Dec. 21, 1976, which stated that the membership off Disabled American Veterans, Chapter #5, wished to thank the commissioners for installing the ramps in the corners of the sidewalks in downtown Bremerton; that this is something that has been needed for a long time. It further stated that there is a need for public rest rooms in the down- town area and Commissioner Stewart stated that there are public rest rooms in City Mall and also downstairs in the library. RESOLUTION NO. 1697 Clerk read Resolution, "A RESOLUTION setting date of hearing for the Cressman Street Vacation, for January 19, 1977, at 10:50 A.M.". Motion by Mayor Jarstad to pass Resolution No. 1697, carried as Follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. SET HEARING DATES Ria 0. Wells Rezone - Clerk requested Ria 0. Wells Rezone to be reset from Jan. 5, 1977 at 10:50 A.M. to Jan. 12, 1977 because hearing that was set for Jan. 5, 1977 was not properly advertised. Motion by Mayor Jarstad and Commissioner Stewart to reset hearing for Jan. 12, 1977 at 10:50 A.M., carried unanimously. Victor' Wowaras Site Plan: Clerk presented site plan request for Victor Wowaras and suggested Jan. 12, 1977 at 10:45 A.M. be set for the hearing. Motion by Commissioners Stewart and Schoneman to set Wowaras Site Plan Hearing for Jan. 12, 1977 at 10:45 A.M., carried unanimously. Lang/Arroyo, Change in Land Use Restrictions: Clerk presented request from Planning Dept. to set hearing for Lang/Arroyo and suggested .jan. 19, 1977 at 11:00 A.M. Motion by Mayor Jarstad and Commissioner Stewart to set hearing for Lung/Arroyo, Change in Land Use Restrictlons for Jan. 19, 1977 at 11:00 A.M., carried unanimously. Lance Haynes: Clerk reported that the Municipal Research Bureau was preparing a letter relating to the nine dwelling units per acre concept as it pertains to Lance Haynes proposal; that the letter should be received by tomorrow and City Clerk suggested the Council set next Wednesday, Jan. 5, 1977 at 10:50 A.M. as the time to take up a determination on the apeal of the Planning Commission Approval. Motion by Mayor .Jarstad and Commissioner Stewart to set date For Jan. 5, 1977 at 10:50 A.M., carried unanimously. Rainier Bank Easement Vacation: Clerk requested that hearing for Rainier' Bank Easement Vacation be set for Jan. 26, 1977 at 10:50 A.M. Motion by Commissioner Stewart and Mayor Jarstad to set date for Jan. 26, 1977 at 10:50 A.M., carried unanimously. -2- CITY COUNCIL MINUTES December 29, 1976 Page three BUDGET FOR 1977 Clerk stated he had a letter, dated Dec. 29, 1976, from City Treasurer which set Forth the changes which have been incorporated into the adopted preliminary budget and a copy of the letter had been circulated to each commissioner. The letter also stated that in all department salarlcs a 6% wage increase cost factor has been included. Further, the letter stated that all revenue and departmental expenditure increases and decreases are based on up-dated information provided to Mr. Goodpasture and provided at the individual department head budget hearings. Letter recon~ended adoption of the amendments to the preliminary budget and adoption as a ]977 operational budget. Motion by Commissioner Stewart and Mayor Jarstad to adopt the changes specified in the letter and which have been incorporated into the preliminax7 budget. Under discussion: Commissioner Stewart stated the budget must bc adopted before the end of the year due to state law, but wage negotiations have not been settled and it is not known what the final outcome will be. Mr. Stewart complimented Mr. Goodpasture on the hard work he and his staff had performed in putting together' the Final budget. Motion carried unanimously. ORDINANCE N0. 3332 Clerk read, first reading, "AN ORDINANCE of the City of Bremerton approving and adopting the financial budget for the several Funds of the City Government of the City of Bremerton For the fiscal year 1977 and appropriating the amounts set Forth in said budget to each fund in accordance with RCW 55.55.075". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 5552 on first reading. Some discussion was held at this point and it was noted that if the percentage raise given to the employees when contract negotiations are con- cluded was higher than 6%, the additional would be granted to the supervisors but would not be retroactive. Mayor Jarstad stated that the City has not had an answer yet from Binding Arbitration and the action of the City Council in placing the 6% in the budget is not meant to be an indication that the City is locking in the pay scale which will come about as a result of union contracts. He further stated that he hopes to hear from the Binding Arbitration by the middle of January. Hc believed that the City was conservative in putting in the 6% Figure but could not realistically put in anything more. Commissioner Stewart stated the budget has come up 8.98% and Mayor Jarstad stated the majority of the budget is in the public safety area which would be close to 50%. There will be 60 officers on the street, which he feels is necessary with the large amount of people on the street now and the traffic activity. Motion carried as Follows: Mayor Jarstad, Yes; Commissioner stewart, Yes; Commissioner Schoneman, Yes. BICENTENNIAL SCRAPBOOK Mr. Jess Parker presented the City with a scrapbook of events that occurred in the Bicentennial and paid a compliment to Steve Wisely for the good work he did as Chairman of the Committee. He also complimented VFW Post 259, who should have special mention because of all their activities, especially in raising money; to the Commissioners of the City for their cooperation; to John Ross of the Chief Kitsap Lions, who acted as Recorder For the Committee; and hc compli- mented and paid tribute to others who had put in a considerable amount of time. Mayor Jarstad thanked Mr. Parker and the Committee for their contributions and stated that it is the desire of the City that all these projects be ongoing. COMMISSIONERS' REPORTS Commissioner Stewart: 1. Relating to parking problems in residential neighborhoods, he was pleased to Find out he had found a solution; that he had received a letter and a copy of law from Field Ryan under which a property owner could obtain a sticker from the City for a parking space in Front of his residence. He said the stickers would be handled through the Treasurer's Office. Mayor Jarstad recommended the suggestion should be evaluated by the attorneys as to the propriety of using public streets. Commissioner Stewart maintained the City was doing it now for CiTY COUNCIL MINUTES December 29, 1976 Page Four' many other purposes in the downtown area. Mayor Jarstad stated he was not saying he was against the proposal but since it was a new subject, it should be studied also he would like to talk to the Chief of Police as well as the City Attorney's office evaluating the proposal. Commissioner Schoneman commented he did not know the legality but the City is already controlling use of the streets. Mayor Jarstad stated the finding of the courts has been that streets are for the use of all the citizens. Commissioner Schoneman said it was a good idea and he concurred with jr. Commissioner Stewart stated hc would draw up a memorandum and ask the City Attorney to check for an answer next week. 2. Commissioner Stewart commented concerning the nine dwelling units per acre ordinance, that something should be done concerning it; that some persons have bccn passing petitions to bring to a vote an ordinance repeal and Commissioner Stewart stated there are some good things in the ordinance and the City should try to come up with an ordinance that the people can live with. 3. He stated it was time to look at a bus facility which would be built by the City on its own property and for this purpose it is possible to secure 80% funding from UMTA. He discussed the costs which will be applied next year by the BCT and that more increases ape sure to come in the future and the facility could be eventually owned by the City and be used for a long time. Motion by Commissioners Stewart and Schoneman that the City Council direct Bob Theroux, Grants Administrator, to start on an application for funding for the facility, said application to be directed to UMTA for a new bus facility to store and maintain the City's bus operation. Under discussion: Mayor Jarstad stated he would make a substitute motion as he believed the motion just made is ahead of time. He stated that currently there arc meetings being held to establish a public benefit transportation area which would take off the household tax, which he believes is an unfair tax, and substitute with a sales tax. This will be presented to the people in the near Future for a vote. Mayor Jarstad also discussed what he believed was a good contract that had been entered into with the BCT. He recommended that before entering into a positive program on owning its own Facility, that he would like to have the Council engage a firm to do an economic study to justify in his mind that what was recommended when the City entered into the bus system in 1971-72 is still not the most economical way to be in the bus business. Fie stated that overall it is still one of the better bus systems in the State of Washington. In relation to the Mayor's comments, he read a letter from the BCT dated Dec. 27, 1976 which showed a percent of increase in the operating budgets of several cities, 1977 compared with 1975: Everett, 26% increase; Bellingham, 45% increase; Spokane, 18% increase; Vancouver, 74% increase; Tacoma, 21% increase; Yakima, 29% increase; Metro, 22% increase; and Bremerton, 24% increase. The letter indicated that Spokane and Bremerton received 47% of their income from fare box revenues which is considerably higher percentage than any of the other cities who were in the report. TAPE #96 Motion by Mayor Jarstad that the City Council engage a consultant team and if (B) 5440 it is the Counci]'s desire, to use the same firm that did the original study or any other team that the City Council will care to engage as a prelude to going into the City's own facility. Commissioner Stewart stated he would support this as a separate motion and let his motion stand. He suggested that the City should have someone experienced in the transportation business to look at the operation. Mayor Jarstad's motion died for lack of a second. Further discussion was held and Commissioner Schoneman commented about the length of time it takes to prepare a proper application For a grant and believed there should be time for the economic study. He stated he believed the City should see if ]t can get finances for the bus barn and look at the economic feasibility and that he did not like to continuously pay out rent and gave the example of the Health Dept. as favorable of its ownership. Question was called on Commis- sioner Stewart's motion and it carried as follows: Mayor Jarstad, No; Commis- sioner Stewart, Yes; Commissioner Schoneman, Yes. Motion by Mayor Jarstad that the City Council authorize engagement of a proper firm to evaluate the present operation and the utilization of public or private enterprise to provide bus service to the City of Bremerton; and correlation to the total municipal run operation and what the cost factors would be so the City Council can base its judgments on these facts. Under discussion: CiTY COUNCIL MINUTES December 29, 1976 Page five Commissioner Stewart stated he was not talking about private or public operation of the system but private or public ownership of the facility. His question was: Should the City continue to rent the facility or should the City buy one? Mayor Jarstad stated that he wanted total figures before he decided, and cost comparisons of private or going totally public; that the City at present has a cost sharing arrangement. Commissioner Stewart stated this was not relevant to the question of whether it is better to rent or buy. Commissioner Schoneman asked the Mayor if his motion stated to have the City Council engage a consulting firm to evaluate the present system and make any recommendations whether to maintain the same operation or change to a City operation. The Mayor concurred in this. Mayor Jarstad stated that he wanted long-range views of going to a facility that is rented. He further stated that this was the same thing the City had done when it went into contracts with BCT; that he would like to have the present contract evaluated in light of today's situation and see if it is still the best way for the City of Bremcrton to go or if there is a better way. Commissioner Stewart asked if the City Council would decide who the consultant team would be and Mayor Jarstad said yes, it would. Motion carried unanimously. Commissioner Schoneman: 1. Had a check for $5,144.81 which he turned over to the City Clerk, representing receipts from the sale of a transformer to the Puget Power Co., which had been previously approvcd by the City Council. The money is for the Water Fund. 2. iiave notified Puaet Power to remove two trees as per reqest of Mr. Armstead. 5. Relgting to on-street parking, he commended Commissioner Stewart for his reports to the news media regarding Navy Yard's concern of on-street parking problems. 4. Read a letter from Mrs. M. Rohrer, 383 Eighth St., dated Dec. 18, 1976, which stated that there is a real problem with parking in her neighborhood; that it is impossible for ambulances to get in in case of an emergency and they have to park blocks away; that cars even park on the sidewalks. She asked that Mr. Schoneman come to see how bad it is between 7:00 A.M. and 4:50 P.M. Commissioner Schoneman stated that this is only one of many letters and phone calls he has received on this issue. 5. Had a good December in the Building Dept. 54 permits were issued totaling $280,000.00. Overall picture was a good one on new residence oonstruction. Meeting recessed at 10:28 A.M. and reconvened at 10:40 A.M. TAPE #96 SEWER COMPLEX FACILITIES HEARING (B) 5550 Motion by Mayor Jarstad and Commissioner Schoneman to held the hearing at this time carried unanimously. Clerk stated that he had advertised and posted as required by law. Mr. Bill Dehn, Project Manager' for Consultant CH2M Hill, was present to discuss the alternatives that had been developed by his firm. Also present were the following: Commissioners Lobe and Mahan from Kitsap County, and representatives of various interested districts. Using visual aids, Mr. Dehn presented the various alternatives and their cost to the consumer. He recommended Alternative No. 5 to be the best for all parties. This would be known as the Charleston Manchester Regional No. 3. Under this plan, the Manette Treatment Plant would be converted to a pumping station and sewage from Districts 1, 3, and 5 and Port Orchard as well as the Bremerton sewage would be treated at a new secondary treatment plant at the present Charleston Beach location. He stated that a number of modeling studies have been made of the effects of secondary treatment plant discharges on Sinclair Inlet and results indicate this is a satisfactory place. He stated he was here today as part of the process of developing an interlocal agreement that will set forth the conditions and obliga- tions under which the recommended plan would be evaluated. Commissioner Schoncman pointed out that converting the Manette Plant to a pumping station and carrying everything to the old site would be very expensive and asked how this would be financed. Mr. Dehn discussed financing which the Federal and State Governments would pick up a total of 90%, 18 1/2 million dollars. The 10% balance would have to be derived from local sources by issuing local revenue bonds (about l 1/2 million dollars for Bremerton). Mr. Dehn pointed out that the law required upgrading the -5- CITY COUNCIL MINUTES December 29, 1976 Page six two plants, which would be expensive. Mr. Thompson discussed the "bathtub" effect of Sinclair Inlet and suggested that the environmentalists may require tertiary treatment rather than secondary; however, Mr. Dehn had answered this question previously and stated further that the future appears to be clear through the year 2000 or even beyond that point before the system would be in any trouble. Commissioner Stewart stated that he was opposed to the agreement because the reward did not justify the expense and that the City had no protection from the increased liability which would occur should pollution occur in the waters. lie stated he would rather see Brcmerton take care of its own needs. Me stated that in his judgment, the City has always come out short when it has been involved with another entity and it would not get a fair deal. Commissioner Mahan stated that he respected Commissioner Stewart's judgment, but in the past three years Commis- sioner Stewart has said he wanted to cooperate. Mr. Stewart said he was willing to cooperate and he believes he has shown it, but he could see nothing but extra risk, extra cost, and no significant savings for the participants. Me stated the benefits are not worth the risk. Commissioner Mahan commented on the proposed agreement and suggested that the resolution that has been prepared authorizing the City to go into the agreement by passed. Commissioner Mahan discussed the agree- ment and noted some changes that had been suggested. Finally, he asked the City Council to pass a motion that the Mayor be authorized to sign the agreement subject to approval by the City Attorney. Commissioner Stewart asked if there was a Limit to the amount of flow coming from the South and Mr. Dehn stated no. Mr. Stewart stated this disturbs him because the plant is taking a risk of overflow and, therefore, it would require going out and building another plant; that the City will have a limited growth and an area outside will grow and would be unlimited. lle also stated that City is bearing 80% of the cost. Commissioner Stewart stated further the City could build a plant today for its own needs and there is too much risk in this proposal and he believes it is a bad agreement. Mayor Jarstad discussed the previous meetings that have been held where the City of Bremerton stated it was going to cooperate with other entitics. He did not think that feeling has changed. tie spoke of the benefits from the original application; that through this cooperative effort there would be clean water and he was pleased with the end result of the project. Commissioner Stewart recommended the City's Bond Counsel look at the agreement before signing and the City Clerk should be authorized to have this done. Commis- sioner Mahan stated that Attorney Jim Gay has looked it over and he is the same attorney the C5ty would use. Commissioner Schoneman stated that the City should approve this cooperative effort after it has been approved by City Attorney and Bond Counsel and that he was jn favor of the plan as presented by Mr. Dehn. It should not be overlooked that all parties are from Kitsap County and all the waters arc in Kitsap County and it behooves all parties to work toward clean water. Motion by Commissioner Schoneman and Mayor Jarstad to accept the plan as presented on a cooperative basis with sewer districts, Port Orchard, Bremerton, and the County, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. Motion by Commissioner Schoneman and Mayor Jarstad that the agreement will be accepted upon review by City Attorney's Office and Bond Counsel, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Sehoneman, Yes. Motion by Commissioners Stewart and Schoneman that before the agreements are signed that an independent financial consultant be brought in to look at this problem and see what the rewards are, carried unanimously. RESOLUTION NO. 1699 Clerk read Resolution No. 1699, "A RESOLUTION authorizing the Mayor and City Clerk to enter into an agreement for the development and operation of sewage disposal facilities on behalf of the City of Bremerton". Motion by Commissioner Schoneman and Mayor Jarstad to pass Resolution No. 1699, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. -6- CITY COUNCIL MINUTES December 29, 1976 Page seven Mr. Bill Dehn asked what work his firm could do, if any, while a financial consultant is making his study because it would appear that no work could be done since it would not be known at this time whether the financial consultant would come up with something different in the way of a recommendation. Motion by Mayor Jarstad that the City Council does not, at this point in time, as a condition of signing the agreement, enter into a financial feasibility study. Under discussion: Mayor Jarstad stated that his interpretation of the action taken this morning by the City Council is that the work done by Bill Dchn would continue; that there have been costs incurred. Commissioner Stewart discussed the far-reaching effects of this long-range financial obliga- tion on the citizens of the City and strongly recommended a financial review before any more work is done. Commissioner Schoneman stated that there should bc no holdup with proceeding with the study; that he failed to hear that part of the action where a financial study had to be made prior to the agreement and this is wrong. Motion died for lack of second. Motion by Mayor Jarstad and Commissioner Schoneman to eliminate at this point in time the motion made previously to authorize a financial study. Under dis- cussion: Commissioner Stewart stated he felt the financial study should be made and this is part of the process before the City Council can indebt the citizens; that the financial study is only going to say if there enough income from the sewer system to pay off the bonds and he wanted a study made to protect the people of sewer district no. 1 and Bremerton. Further discussion followed in which Commissioner Stewart asked the City Council not to go any further with the sewer system study until the financial study had been made because it would be impossible to back out of the agreement later. Commissioner Schoneman did not agree with this statement and he stated that he felt Mr. Dehn would not be before the City Council today unless he had looked at the financial picture. Motion carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. A representative from Sewer District No. 5 stated their commissioners have not been represented and have not been present at sewer complex Facilities meetings and they have not had a chance to go over the contract until last night; that the Sewer District No. 5 commissioners went on record as not going to sign the contract; that they are not satisfied. Mayor Jarstad stated this was their prerogative as another government entity and stated the plant will be sized for growth and there will not be allowance For anyone else to come into it. Mr. Dehn commented that if all entities do not sign, the plan will collapse. Meeting recessed from 11:50 A.M. till 12:04 P.M. Motion by Mayor Jarstad and Commissioner Stewart to open bids for 18" Ductile Iron Pipe at this time, carried unanimously. Clerk opened bids as Follows: Pacific States Iron & Pipe Co., bid bond enclosed, $4,885.15; United States Pipe & Foundry Co., bid bond enclosed, $4,887.95; and DiOrio Construction Co., $50.00 cashier's check enclosed, $4,357.40. Motion by Commissioners Schoneman and Stewart to award bid to DiOrio Construction Co., carried unanimously. ORDINANCE N0. 3333 Clerk read, first reading, Ordinance No. 3533, "AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance, specifying the maturities and maximum effective interest rate, and Fixing the form of $2,500,000.00 par value of "General Obligation Bonds, 1977," authorized by the qualified voters of the City at a special election held on November 2, i976, in conjunction with the general State election held on the same date, pursuant to Ordinance No. 5310 passed and approved August 25, 1976, as amended by Ordinance No. 3314 passed and approved September 15, 1976; creating a special bond redemption fund and a special acquisition and improvements fund; and providing for the sale of such bonds, and declaring an emergency". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3333 on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. -7- CITY COUNCIL MINUTES December 29, 1976 Page eight RESOLUTION NO. 1698 Clerk read Resolution No. 1698, "A RESOLUTION setting date of hearing for the Rainier National Bank Easement Vacation, for January 26, 1977, at 10:50 A.M.". Motion by Commissioner Schoneman and Mayor Jarstad to pass Resolution No. 1698, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE N0. 3334 Clerk read, first reading, Ordinance No. 3334, "AN ORDINANCE of the City of Bremerton, Washington, amending Ordinance No. 3327, passed by the City Council, signed by the Mayor and attested by the City Clerk in authentjcation of such passage December 8, 1976, and relating to $755,000 par value of "City of Bremerton Parking Revenue Refunding Bonds, Series 1976" and declaring an emergency". Motion by Conmissioners Stewart and Schoneman to pass Ordinance No. 5334 on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. SPECIAL ENFORCEMENT AGREEMENT - HUMANE SOCIETY Clerk presented Special Enforcement Agreement for Kitsap County Humane Society which included a 50-day escape clause for the City. Motion by Commissioners Stewart and Schoneman to accept agreement and authorize Mayor and City Clerk to sign for the City, carried unanimously. BILLS Motion by Commissioners Stewart and Schoneman to give blanket approval to vouchers 5115 to 5192 inclusive in the amount of $46,327.90, audited by John R. Ross, carried unanimously. Meeting recessed from 12:20 P.M. and reconvened at 7:00 P.M. WATER/SEWER CONTRACTS WITH USN City Clerk reported he had talked to the Navy office at San Bruno with reference to the motion that had been previously passed by the City Council in which the water/sewer contracts were approved subject to adding an amendment concernLng a new Federal law. The Navy' representative stated that adding an amendment at this time would delay the approval of the present agreements and the revenue the City expects to receive from new rates would not be forthcoming at the time agreed upon. The representative suggested that the Clty wait until the present agree- ments were finalized by the Navy and then write a letter giving desired language and the Navy would then study the proposal. Motion by Mayor Jarstad and Commissioner Schoneman to take the questionable reference to the Federal law dealing with sewer construction from the previous motion and make that a separate item of business after the present contracts are completed so that billing can commence as agreed to, carried unanimously. HEARING - CLARE'S MARSH TAPE #97 Motion by Mayor Jarstad and Commissioner Schoneman to open the hearing at this (A) 1664 time, carried unanimously. Clerk stated he had advertised this hearing and posted and mailed notices as required by City Ordinance. Mayor' Jarstad asked the City Attorney to set some ground rules for the hearing. Mr. Sexton stated he would ask each commissioner four or five questions regarding "appearance of fairness" and then citizens will be sworn and they will identify themselves for the tape record. He suggested the EIS be considered first before merits of the comprehensive plan, etc. Derrell Bastian stated he represented Mr. and Mrs. Barrie and some of the downtown businessmen. Mayor Jarstad put him under oath. Mr. Bastian stated he has been an attorney of record since the beginning of the Clare's Marsh Proposal and is "entitled" to notice in these proceedings; that he received no notice until he got a call from his clients; that he has a trial set for tomorrow in King County and has been unable to properly prepare for this hearing. in any event, he felt that the hearing had been set too soon after notification and it would have been -8- CITY COUNCIL MINUTES December 29, 1976 Page nine very difficult to get prepared; also, he has just received a copy of a transcript of a Dec. 15, 1976 hearing and has not had the opportunity to study the testimony. He stated it was patently unfair to be at this hearing tonight; that he has been denied due process if this hearing goes ahead at this time. Considerable discussion was held concerning notification to Mr. Bastian, which Mr. Sexton stated was not required as far as he knew by law. Mr. Bastian stated that he was going to insist that Commissioner Stewart be asked to step down from the hearing; that he is prejudiced from all the public statements he has made and he did not think there was any reason to voir dire. The `Mayor stated that he thought this was a serious question. Mr. Sexton stated he was then going to ask questions under voir dire. ,Mr. Bastian made a motion for discontinuance of the hearing and he objected to Commissioner Stewart voting. Mr. Sexton then asked Commissioner Stewart several questions: Where he lived and where he owned property. He asked if ,Mr. Stewart had met with downtown business groups on the comprehensive plan and the annexation. Commissioner Stewart stated he did not know but Merlin Frohardt, Louis Soriano, and Eddy Bjork have talked to him and he called Ron Ross and asked him to talk to him and he refused. ,Mr. Sexton asked if Mr. Stewart had made any decisions and determinations. ,Mr. Stewart stated he was asked for his opinion but did not give it. ,Mr. Sexton asked if he could give a fair decision and Commissioner Stewart stated he had always been fair. Mr. Sexton asked Mr. Bastian if he had any reason to know about Commissioner Stewart's bias. ,Mr. Bastian stated he thought he had heard a radio broadcast the other day over KOMO and checked and Found that Mr. Stewart had been interviewed by a reporter from KOMO and he indicated he was tired of working for the people of downtown. Mr. Bastion stated he was paraphrasing and Commissioner Stewart told him to quote the broadcast and if not, to forget it. Mr. Bastion stated that Mr. Stewart was quoted by the radio station that he was tired of working with the people downtown and having the people in the urban area picking up the tab for downtown; that he has made many statements like that in the Bremerton Sun. Mr. Bastian quoted from the Brementon Sun dated Sept. 50, 1976. He stated that Commissioner Stewart was quoted as saying the decision of the Planning Commission should be speeded up to get final action. Mr. Bastian stated that Mr. Stewart has made statements that almost every major action that comes, that the delays come because of SEPA and it indicates he is not really interested in getting to the bottom of things and that he has already made up his mind on things. He stated that this was an intimidation of the Planning Commission. Mr. Bastian also pointed out that Mr. Stewart has property over on the east side and the many business interests over there. Mr. Bastian stated he needed time to check out these matters and the hearing should be held over. Some discussion was held about Mr. Stewart's interest in Olympic Savings and Loan which Mr. Stewart stated was about 1/2 of 1%. He stated he owned 6% in Land Title and also stated he owns property in the City which is just as close to downtown as to the other side. Mr. Sexton asked Mr. Stewart if he had any other businesses or involvements, particularly with Mr. Ross, to which Mr. Stewart stated he had never done business with Mr. Ross. Mr. Tom O'Hare stated he represented Mr. Ross and that he does not have any objections to Mr. Stewart. The fact of the matter is that Mr. Stewart has had discussion with opponents of actions taken by the Planning Commission and has had no discussion with his client; that his investments appear to be evenly divided between downtown and the east side and he would be more prejudiced for the downtown. Mr. O'Hare stated the fact that Mr. Bastian stands here and says he might know something adverse for not wanting Mr. Stewart; that he has heard the same lament from Mr. Bastian many times. Mr. Sexton asked what about the prejudice statements? Mr. O'Hare stated he has heard statement that he is not prejudiced. Mr. Bastian stated Mr. Stewart did not want to get to the bottom of things. Mr. O'Hare stated that this is the first time he has heard this in any context. Mr. Sexton commented that from the appearance of fairness standpoint, certainly the ownership of property could conceivably sway a court one way or the other. Commissioner Stewart pointed out that there was a long-term lease on -9- CITY COUNCIL MINUTES December 29, 3976 Page ten the property on the east side which would run for another 21 years and it is based on CPI and he has half interest. Commissioner Stewart did not think this point was solid one way or another. Mr. Sexton gave a discussion of the appearance of Fairness from the case of the Smith property and Mr. Beard. Mr. Sexton stated he did not thing there was any question that Mr. Stewart would not have some opinions at this point or he would be talking in a vacuum otherwise. The matter js whether there is something that has occurred that would affect his ability to decide and be fair and impartial at this time and make a decision or whether he could be swayed on what was in the Planning Commission Hearings. Commissioner Stewart stated he would be glad to leave; however, he was elected to do a job and he meant that sincerely. Commissioner Schoneman stated that he was not sure that the Mayor's property is closer' than that of Commissioner Stewart. Attorney Sexton then placed Mayor Jarstad under voir dire and the Mayor stated he lived at 2828 Hefner; that he did not own any business property in downtown or any other property in east Bremerton. He asked the Mayor if he had met with Ron Ross or representatives involved with the property on Wheaton Way. Mayor Jarstad stated that he had discussed matters in regard to the comprehensive plan, annexation or whatever would bring it to that. Mr. Sexton asked if he had any business or professional business invest- meats with anyone concerned with the development of Wheaton Way and the Mayor stated he did not. Mr. Sexton asked if any downtown discussion of this particular project had occured and Mayor Jarstad stated he had met with the downtown representa- tives over the years as they have attempted to put together the downtown development; also he has talked about what the City has done in renewing the streets; that this has been a proper involvement in his office. Mr. Sexton asked if the Mayor Felt to this point could he be impartial and conform to the appearance of Fairness? Mayor Jarstad stated that he did feel hc could. Mr. Bastian stated due to the lack of notice, he had not had time to pursue these matters and that he did not have anything right now. Mr. O'Hare stated he had no questions of Mayor Jarstad. Mr. Sexton questioned Commissioner Schoneman under voir dire. Mr. Schoneman stated he lived at 1624 Hayward Ave., just above the Manette Bridge. Mr. Sexton asked if he owned any business property in East or West Bremertcn and Commissioner Schoneman stated he did not. Mr. Sexton asked Mr. Schoneman if he had any business or professional connections and Mr. Schoneman stated he did not. Mr. Sexton asked if he had any business or professional interests in the remaining portions of downtown and he stated he had none. Mr. Sexton asked if he had had any meetings with Mr. Ross or any involvement with the development of Wheaton Way and he stated he had none. Mr. Sexton asked if he had any connection with downtown concerning the development of the Wheaton Mall and he stated he had none. Mr. Sexton asked if he knew anything that would make him unfair or partial and Mr. Schoneman said no, there were none. Mr. Bastian again stated that because of the inadequacy of the notice, he had not had any chance to punsue Mr. Schoneman's position. Mr. Sexton notcd that there is a second hearing set for Feb. and if anyone develops any information prior to the next hearing, that the information should be given by letter or telephone call concerning the appearance of fairness of any of these individuals. Mr. O'Hare again stated that Mr. Bastian has more than once made this particular complaint that he has not had appropriate notice in other' hearings regarding this subject. As a matter of fact, it was before Council Dec. 15, 1976 and there was a story in the newspaper on Dec. 16, 1976 and that one of Mr. Bastian's clients had said she reads the public notices in the Bremerton Sun, i.e., Mrs. Barrie. He said he Found it difficult to believe that none of them knew of this hearing and failed to notify them of this meeting; that they have had plenty of notice; that he is asking for personal notice regarding the proposed date of hearing. lie did not think that was the City's function. He also stated they are responsible to keep abreast of the hearing and that more than one of his clients are present and the hearing should proceed. Further argument ensued by Mr. Bastian in behalf -10- CITY COUNCIL MINUTES December 29, 1976 Page eleven of notice. Mayor Jarstad asked Mr. Sexton to report regarding notification and Mr. Sexton gave the procedures outlined by ordinance which does not include to any particular attorney or any particular individual and there have been numerous decisions that the required procedure is reasonable and adequate. Mr. Bastian had argued about what he called an "adversary position" and Mr. Sexton did not agree there is an adversary position. Meeting recessed at 7:55 P.M. and reconvened at 8:03 P.M. Mayor Jarstad reported he had talked to legal counsel for the City of Bremerton and talked to the City Clerk in connection with the question of appearance of fairness which has been raised and also regarding charges that have been made against the members of the Council about their appearance of fairness in hearing this matter and there has not been enough time to document the statements. It would probably be in the best interests of the hearing to continue two weeks and set the second date 30 days from that time period. Discussion was held as to what night would be most satisfactory and due to various commitments, the date was settled for Jan. 13, 1977 at 7:00 P.M. Mr. O'Hare noted that an economist had been brought in from San Francisco for this hearing and another witness from Seattle and this was expensive if they would have to come back again. Mr. Sexton stated that Mr. Shafnet could testify since he is From out of state and there would be absolutely no vote or decision tonight. Mr. Bastian stated he would object to any testimony. Mr. O'Hare stated Mr. Shafnet was present regarding a report on the economic impact and is important. He stated Mr. Shafnet has testified at the Planning Commission and has been availabe to Mr. Bastian for approximately three months and he thought that Mr. Bastian is prolonging the hearings and that he is playing a game with his clients. Mayor Jarstad stated that Mr. Bastian has asked for additional time and has stated that Mr. Stewart was prejudiced and he did not want that question to linger through the record and then have a court say the City Council should not have been taking testimony. Mr. Sexton stated it was purely a question of time and that there had not been enough time to check Mr. Stewart out. Motion by Mayor Jarstad and Commissioner Schoneman that this hearing be continued until Thursday, Jan. 13, 1977 at 7:00 P.M. and the second hearing to be held Wednesday, Feb. 16, 1977 at 7:00 P.M. Motion carried as Follows: Mayor Jarstad, Yes; Commissioner Stewart, No; Commissioner Schoneman, Yes. Meeting adjourned at 8:18 P.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -11-