The URL can be used to link to this page

Home My WebLink About01/26/05 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 * * AMENDED * * JANUARY 26, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB05-023) B. Purchase of Excess Liability and Worker's Compensation Insurance (#AB05-024) C. Amendment to the Collective Bargaining Agreement between the City and Bremerton Police Officer's Guild (BPOG) (#AB05-025) 5. NEW BUSINESS - There are no New Business Items this week... 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4928 [Second Reading] amending Title 2 of the Bremerton Municipal Code, relating to City Council and Departments (#AB05-019) D. Ordinanoe ~Jo. <1Q29 [ScculIJ R~~diFlg] cr-cating CRapter 2.32 af tilt: BI~merton IVIU II i\,;i pal Code ~r:ltitlcel "GOlEl MVUN lAIN CVMI-'Lt:X BOAKU VI"" DIKECTORS" (#AB05-0~or C. Ordinance No. 4930 [Second Reading] amending Chapter 9A.44 of the Bremerton Municipal Code relating to Pedestrian Interference (#AB05-021) D. Resolution No. 2951, adopting new Rules and Procedures for the City Council (#AB05-022) rlAll~~ 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 for a LEGISLA TlVE REVIEW MEETING to hear presentations on the following items. Please note that no action will be taken, and the content of these items are subject to change... 1. Reappointment of Jessica Kennedy to the Planning Commission - (There will be no presentation... please contact the Mayor if you have any concerns with this reappointment) CONTINUED ON BACK... fI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. PQ~ l 4 (p 1f (5 (g 2. Appointment of Jeffry J. Young to the Civil Service Commission - (There will be no presentation... please contact the Mayor if you have any concerns with this appointment) 3. Commercial Real Estate Purchase and Sale Agreement; and Right of First Refusal and Option to Purchase Agreement with WESTSOUND BANK - Gary Sexton, Economic Development Director 4. Real Estate Purchase and Sale Agreement with KITSAP COMMUNITY FEDERAL CREDIT UNION - Gary Sexton, Economic Development Director 5. Sole Source Purchase of two (2) Hooklift Vehicle Bed Systems from CASCADE CONTAINER - Jim Orton, Fleet Manager 6. Computer System Services Agreement with EMERGENCY REPORTING, INC. to provide a web-based Records Management System; and a CAD link from CENCOM to the Records Management System - Fire Chief AI Duke, Bremerton Fire Department 7. Interlocal Agreement between the City of Port Orchard and the City of Bremerton relating to Marine Patrol Services - Police Rob Forbes, Bremerton Police Department 8. Proposed Ordinance amending Chapter 3.08 "CLAIMS FUND" of the Bremerton Municipal Code relating to issuance of warrants or checks prior to City Council approval, subject to certain conditions pursuant to R. C.W. 42.24.180 - Laura Lyon, Finance Director 9. Resolution authorizing transfer of $150,000 from the General Fund to the Abatement Revolving Fund - Laura Lyon, Finance Director 10. Resolution authorizing commencement of Cable Franchise Renewal Proceedings with COMCAST pursuant to the 1984 Cable Act - Brett Vinson, Assistant City Attorney 11. Parking Agreement for the Norm Dicks Government Center - Roger Lubovich, City Attorney 12. Harborside Condominiums Agreement between Kitsap County, Kitsap County Consolidated Housing Authority, and the City of Bremerton regarding a Contingent Loan Agreement - Roger Lubovich, City Attorney fI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DA TE SUBMITTED: BILL # Os-:.-C);).3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6sm~e8mmem~DES~BGVm~~m~DD~EGm~mgeGGm~mmEm.EDs~mS8Bm~SDBBn.ecm.m~~mmeBeeBD~Ea~mee~ffie~eB~1 SUBJECT: Approval of Claims and Checks Register COlllinittee Meeting Date: COUNCIL MEETING Date: / -e:2(P-o e;- Depmiment: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUM~ARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. i APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: I CONSENT AGENDA ISII FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~ yLf'V^ RECOMMENDED MOTION: Move to Approve: 1) Check #'s 2 97IJ/f '3 through .297A02 and EFT's CoCo 5V through (4f'(;/::; 0 in the amount of$ ~ 17~ 27'1~ &'Y' 2) Regular Payroll for the pay period ending I~ - '3/- 0 'I in the amount of $ {p (7; ~.::<. Cj ) 3) Retiree Payroll for the pay period ending COUNCIL ACTION: ~pprove D Deny in the amount of $ D Table D Continue D No Action DATE SUBMITfED: January 4,2005 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # () 5 - Od. <I I.\g .................,........-............................................................... SUBJECT: Purchase of Excess Liability and Workers' Compensation Insurance Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 1/12/05 1/26/05 City Attorney's Office Peggy Lesser:.p..,L:-' C,' ."'" 473-5302 1 SUMMARY: Bremerton's excess liability insurance and excess workers' compensation insurance expire 1/31/05. Both have been marketed to various insurers. Risk Management recommendations for replacement coverage are detailed on the handout provided to City Council members. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been included in the 2005 Risk Management Fund budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: ~ '\)'\-t.c.\-o'V ~ ~ ~\~O"Nc..~'"...\ ~ke~ ~:::::~~:"T. f:$c~\ 6 Bvd~at~~ COUNCIL PRESIDENT: ).:::>,.......... ~ _ RECOMMENDED MOTION: I move that the B merton City Council authorize the Risk Manager to purchase excess liability insurance and excess workers' compensation insurance, as recommended by the Risk Manager, to be effective 2/1/05. COUNCIL ACTION: 0 Approve 0 Deny 0 Postpone 0 No Action 1 AGENDA STATUS: Consent New Business Old Business Ordinance Resolution Public Hearing Information Study Session ~ UPDATE ON EXCESS LIABILITY AND EXCESS WORKERS ' COMPENSATION INSURANCE RENEWAL PROCESS 1. Excess Liability Insurance A. Current Situation 1. Insured with Princeton Excess and Surplus Lines Insurance Company, a Munich American Risk Partners company 2. $5 million per occurrence limit ofliability 3. $5tp.jllion aggregate limit forwrongfulactsonly 4. .$250,OOO-veroccurrence-self.;;insured retention (SIR) 5. Current premium is $243,200 6. Expires 1/31/05 B. Renewal Objectives 1. Maintain $5 million per occurrence limit of liability 2. Maintain $250,000 self-insured retention but explore the costs of$100,000 and $500,000 self-insured retention 3. Broaden coverage by removing exclusions when possible 4. Stay within budgeted 2005 premium of$260,360 (7% increase) C. Status of Renewal Quotes 1. Princeton will renew for one year at the same premium as expiring - $243,200. This is with a retention of $250,000. Princeton does not write policies with SIRs less than $250,000. 2. Genesis will write the coverage with a variety of SIRs, subject to a $5 million annual aggregate for all exposures except auto liability. Most of these options cost more than Princeton's quote: a. $150,000 SIR b. $200,000 SIR c. $250,000 SIR d. $500,000 SIR $321,000 premium $288,000 premium $263,000 premium $193,000 premium 3. Quotes from other insurers have not yet been received. D. Summary of Current Position 1. Need to wait for additional quotes and results of negotiations with Princeton 2. The current recommendation is to renew with Princeton Excess and Surplus Lines Insurance Company. 2 II. Excess Workers' Compensation Insurance A. Current Situation 1. Insured with Midwest Employers Casualty Company 2. Statutory limits for WC 3. $1 million limit for Employers Liability 4. $250,000 per occurrence self-insured retention (SIR) 5. Current premium is $19,028.95, subject to audit 6. Two year policy expires 1/31/05 B. Renewal Objectives 1. Maintain $250,000 per occurrence self-insured retention 2. Stay within budgeted 2005 premium of$21,883 (15% increase) C. Status of Renewal Quotes 1. Midwest Employers Casualty Company a. Will not renew with a $250,000 SIR b. Requires a $500,000 minimum SIR for police and fire c. Will provide a $350,000 SIR for all others d. $17,181 premium, subject to audit 2. Safety National Insurance Company a. Has provided premium indications rather then quotes b. Requires a $300,000 minimum SIR c. Will provide coverage options: 1). $300,000 SIR 2). $350,000 SIR-police & fire $300,000 SIR-all other $21,151 premium, auditable $17,003 premium, auditable C. Summary of Current Position 1. Safety National needs to finalize its quote 2. The current recommendation is to purchase coverage with Safety National Insurance Company subject to a $300,000 SIR for all classes, assuming quote is finalized as indicated 3 DATE SUBMITTED: BILL # OS"'OJ.5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ttc ........................................................................................ SUBJECT: Amendment to the Collective Bargaining Agreement between the City and Bremerton Police Officer's Guild (BPOG). Committee Meeting Date: January 19,2005 COUNCIL MEETING Date: January 26, 2005 Department: Human Resources Presenter: Carol Conley Phone: Ext. 5347 SUMMARY: This amendment will add one-half percent (.5%) to each BPOG's bargaining unit member's base pay rate effective January 1, 2005. In drafting the Letter of Understanding (LOU) amending the BPOG contract in 2004, an error was made by the City (Human Resources). After reviewing the entire matter with legal counsel, it is clear that the LOU language requires that the City pay 100% of the CPI- W from June 2003/June 2004, plus a .5% adjustment (2.531 %+.5%) for a total wage increase of 3.031 % to each bargaining unit member's base pay rate effective January 1, 2005. ATTACHMENTS: Amended Article 5, Wages, Section 5.1 FISCAL IMP ACTS (Include Budgeted Amount): Passage of this amendment would require a budget adjustment in the amount of approximately $18,000.00 for 2005. APPROVALS: ., ((2<,,~.L".. /7) A DEPARTMENT DIRECTOR: (~~~:.~ CITY A TTORNEY :,/-;;~:~::::="=.,.i_:':'.:;;. -==-:-::~~:'5' ~~:~~ DIRECTOR: / ~~ ~/:~ ~:~::r~:~ET: . \ .. ~ ----I CONSENT AGENDA~ COUNCIL PRESIDENT: ~~ ' RECOMMENDED MOTION: MotIon to appr t e amendment to the current collective bargaining agreement between the City and the BPOG. COUNCIL ACTION: 0 Approve 0 Deny D Table 4 D Continue 0 No Action LETTER OF UNDERSTANDING This Letter of Understanding is agreed to pursuant to Article 23. Section 23.2 of the Collective Bargaining Agreement between the City ofBremerton and the Bremerton Police Officers' Guild. Article 5 is herebv amended as follows: ARTICLE 5 WAGES 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof which reflects the following: . __Effective January 1,2005, the wage increase to each bargaining unit members' base pay rate shall be 3.031%. based upon 100% of the cpr W for Scattle/Tacoma/Brcmerton as of June 30, 2001, plus a .5% adjustment with a miniml:lm increase of 2% and a maximum increase of ~ . All other provisions of the Collective Bargaining Agreement apply in all respects. Dated this day of January, 2005. FOR THE CITY: FOR THE BREMERTON POLICE OFFICERS' GUILD: CAROL S. CONLEY Human Resources Director MA IT THURING President ROBERT D. FORBES Chief of Police RANDY OLSEN Vice President 5 DATE SUBMITTED: January 3,2005 BILL # Of) / 0 I q AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~A ........................................................................................ 5" e..c.ohcl Re..o..d..Lh,. ~ SUBJECT: Public Hearing on Or<ti'nance Committee Meeting Date: January 12,2005 amending BMC Title 2 relating to City COUNCIL MEETING Date: January+9-& 26, 2005 Council and Departments Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance amends and updates certain provisions of Title 2 of the Bremerton Municipal Code regarding the City Council and certain offices of the City by revising the schedule of regular City Council Meetings for November and December to accommodate holiday schedules and updating provisions relating to the Investment Committee.Mia tke OfHs@ of City Att5ff1.SY. ATTACHMENTS: Proposed Ordinance tJO~ Lf?28 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ? I CONSENT AGENDA D I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I ffi8vv Lv i1pplUVe. the. l'fo1'6sea6rdiHMlee eft first reading ameHaiHg Title. 2 unitt; Blt;ll1Glton . Ml:lfti",ipal Codt:. 2. I move to pass Ordinance No. 412B on second reading amending Title 2 of the Bremerton Municipal Code. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 6 D Continue 0 No Action ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and updating provisions of the city code regarding the City Council and certain offices of the City by amending Chapter 2.02 of the Bremerton Municipal Code relating to City Council meetings and Sections 2.14.010 and 2.14.030 relating to the Investment Committee. WHEREAS, the City Council desires to revise the schedule ofthe regular meetings of the City Council in November and December to accommodate holiday schedules; and WHEREAS, the City Council also desires to revise and update certain provisions relating to the Investment Committee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.02 of the Bremerton Municipal Code entitled "City Council" is hereby amended to read as follows: CHAPTER 2.02 CITY COUNCIL 2.02.010 REGULAR MEETINGS. (a) Regular Meetings. The time and place of the regular meeting of the City Council required by Charter shall be each Wednesday at 5:30 p.m. at the designated Council Chambers or the City Council Conference Room, City Hall, Bremerton, Washington or any other place within the corporate limits of the City as provided in the public notice of meeting pro';ided, however, if such meeting day falls upon a legal holiday, then pursuant to RC\V 42.30.070 such regular meeting shall be held on the next business day..except as follows: (1) There shall be no regular meeting of the City Council during the week of Thanksgiving. (2) If at any time any regular meeting of the City Council falls on a legal holiday. then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. (3) The City Council may. at its discretion. cancel a regular meeting due to circumstances deemed warranted by the Council by providing notice of cancellation in the same manner as notice of agendas of regular council meetings pursuant to subsection (b) below. 1 City CounciV Departments 7 (b) Agendas and Notice of Regular Meetings. A regularly scheduled City Council meeting may consist of a business meeting and/or study session, a combination thereof, or any other format as established by the City Council. Notices of agendas of all regular meetings shall be posted at City Hall. and delivered to the local television station and local newspaper of general circulation by mail, facsimile or other similar means. Agendas for City Council business meetings shall be in a format established by City Council rules and procedures. (c) Pre-Council Meetings. The City Council shall meet at fi.ve-5:00 p.m. on the same day, immediately prior to the regular weekly council meetings, for a pre-Council meeting to discuss the agenda for such regular meeting and/or other administrative matters. 2.02.020 SPECIAL MEETINGS. (d) Special Meetings. Pursuant to RCW 42.30.080, special meetings ofthe City Council may be held, after public notice has been given, at a time and place as specified in the notice of meeting. 2.02.030 COMMITTEES. ( e) Committees. The City Council may, by rule or procedure, establish council committees, and procedures for such committees, to assist the City Council in conducting its business. (f) Changes to Meeting Schedules Emd Format. Changes to the time, place and format (such as agendas) of any COlillcil meeting may be changed by the Cmmeil subject to the provisions of the City Charter and State law relating to Cm:lfloil meetings. 2.02.040 RULES AND PROCEDURES. (g) Rules and Proeed-1:lres. The City Council may adopt any rules and procedures it deems appropriate to implement the provisions ofthe City Charter and this chapter relating to Council meetings and Council business. 2.02.020 2.02.050 COUNCIL MEMBER SALARY SCHEDULE. Council member salary schedules shall be established and filed with the City Clerk by the Bremerton Citizen's Commission on Council Salaries pursuant to the Charter. SECTION 2. Section 2.14.010 ofthe Bremerton Municipal Code entitled "Investment Committee Authority" is hereby amended to read as follows: 2.14.010 INVESTMENT COMMITTEE AUTHORITY. As contemplated by RCW 35.39.032 there is created an Investment Committee composed of the Mayor, .^..dministFative Financial Services Director, City TreasurerFinance Officer, and two City Council members as determined by the City Council, which Committee is authorized on behalf of the City to invest all monies in the City Treasury which, in the judgment of the Committee, are in excess of current City needs or which are contained in inactive funds. The Committee may, in its discretion, include as a non-voting member of the Committee an individual chosen from the public sector with appropriate technical expertise. The Finance Officer City Treasurer is directed to implement the 2 City CounciV Departments 8 Investment Committee's decisions and to hold such investments for the credit of the funds for which purchased. The Finance Officer City TreaffiKer is authorized to convert the securities, or any part thereof, into cash. (S)he shall report to the City Investment Committee, monthly, all investment transactions and shall be subject to the guidance and control of the Committee. The City Attorney, or an Assistant City Attorney, shall be the legal advisor to the Committee. SECTION 3. Section 2.14.030 ofthe Bremerton Municipal Code entitled "Fund Investments - Interfund Loans" is hereby amended to read as follows: 2.14.030 FUND INVESTMENTS - INTERFUND LOANS. The Investment Committee may, in its discretion: (a) Determine which funds shall be invested on an individual fund basis and which funds shall participate within one or more common investment portfolio(s); (b) Apportion earnings and losses to those funds participating in a common investment portfolio. Those funds shall receive a return in proportion to the amount of money earned by each, and the remainder shall be allocated to the general fund, as authorized by state law. (c) The Investment Committee shall submit to the City Council a resolution establishing general criteria and procedures for interfund loans which shall, at a minimum, include the criteria set forth in Part 3, Chapter 4, ~Aofthe BARS Manual; (d) The Finance Officer City Treasaref shall make all interfund loans in accordance with the resolution establishing general interfund criteria and procedures and shall obtain council approval prior to consummation of the loan by resolution. SECTION 4. The amendments set forth in Section 1 of this ordinance shall be effective on February 1, 2005 or on the effective date ofthis ordinance, whichever is later. SECTION 5. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of , 2005 PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President 3 City Council! Departments 9 Approved this day of ,2005 ATTEST: PAULA JOHNSTON, City Clerk PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2005 ,2005 R:\LEGAL\Ordinances\City Council\Ch. 2.02 Amend-2005.doc CARY BOZEMAN, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 4 City Counci1l Departments 10 DATE SUBMIITED: January 3, 2005 BILL # 0 i" - O/~O AGENDA BILL CITY OF BREMERTON CITY COUNCIL l.B ............~..~.~~.~~~.~~5......................................................, SUBJECT: pu6nc Hearing on o~nance Committee Meeting Date: January 12,2005 creating BMC Chapter 2.32 entitled "Gold COUNCIL MEETING Date: January ~26, 2005 Mountain Complex Board of Directors" Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the Bremerton Municipal Code do not provide for a Gold Mountain Complex Board of Directors. The proposed ordinance creates a new chapter in the Bremerton Municipal Code, which formally establishes and provides for membership in the Gold Mountain Complex Board of Directors. ATTACHMENTS: Proposed Ordinance }/O. r 12.-'1 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~:~::~~~ET:#{~~~___.~~ COUNCIL PRESIDENI;...._...~.._y~ \~_....,......"'....,.~ . RECOMMENDED MOTION: I CONSENT AGENDA D I 1. I HiS'/e to 41'1'l'8'/6 tR~ pn;>pBsed orail'laflee 8ft first readiftg erettting DMC Chapt8r 2.32, which tGllBally ~;:,t(1bl~shcs l\ C6lel MmmtaiR C8ffiplex BoanJ of Direet8rs.. 2. I move to pass Ordinance No. fGf 2. q on second reading creating BMC Chapter 2.32, which formally establishes a Gold Mountain Complex Board of Directors. COUNCIL ACTION: D Approve D Deny 11] Table D Continue 0 No Action ORDINANCE NO. 4Q;2. q AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of the Bremerton Municipal Code, Chapter 2.32 entitled Gold Mountain Golf Complex Board of Directors. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide for a Gold Mountain Golf Complex Board of Directors; and WHEREAS, the City Council desires to update the Bremerton Municipal Code to formally establish and provide for membership in the Gold Mountain Golf Complex Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.32 of the Bremerton Municipal Code entitled "Gold Mountain Golf Complex Board of Directors" is created to read as follows: Chapter 2.32 GOLD MOUNTAIN GOLF COMPLEX BOARD OF DIRECTORS 2.32.010 ESTABLISHED. There is established a Gold Mountain Golf Complex Board of Directors, hereinafter referred to as "Board," which shall act as an advisory body to the Department of Parks and Recreation and the Parks and Recreation Commission on matters relating to the Gold Mountain Golf Complex in order to promote and develop optimal utilization of the facility. 2.32.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The Board shall consist of eleven (11) members with seven (7) voting members and four (4) ex-officio, non-voting members as follows: (1 ) Two Council Members appointed by the Council President; (2) The Director of Parks and Recreation; (3) The Director of Public Works and Utilities; (4) The Director of Financial Services; (5) The City Forestry Manager; (6) One member of the Parks and Recreation Commission appointed by the Chair of the Parks and Recreation Commission; (7) The Golf Contract Administrator (ex-officio, non-voting); (8) The two Golf Professionals (ex-officio, non-voting); and (9) The Greens Superintendent (ex-officio, non-voting). 1 Gold Mountain Golf Complex Board of Directors 12 (b) The Board Members shall remain seated until resignation or until removed by the City Council. Members of the Board serve at the pleasure of the City Council and may be removed by the City Council at any time. (c) The positions assigned and the number of members constituting the Board membership as set forth herein may be re reassigned and re-constituted by the City Council at any time without further amendment to this chapter. 2.32.030 SALARIES AND PERSONAL EXPENSES. The members of the Board shall receive no salaries or other remuneration for their services in such capacity, but shall be entitled to reimbursement of expenses incurred by them in the discharge of their official duties as may be authorized by city policy. 2.32.040 MEETINGS. The Board shall establish a regular meeting day and time for its board meetings. The Director of Parks and Recreation, or his or her designee, shall serve as Chair of the Board. A majority of the full membership shall constitute a quorum for conducting business. Any action to be taken by the Board shall require the concurrence of a simple majority of the members of the Board qualified to vote. 2.32.050 DUTIES AND RESPONSIBILITIES. The Board shall have the following duties and responsibilities: (a) Make recommendations to the Department of Parks and Recreation and the Parks and Recreation Commission regarding general policies, financial considerations and capital improvements relating to the services, operations and the facilities at the Gold Mountain Golf Complex; (b) Recommend fee structures to the City Council for approval; and (c) Submit reports to the City Council as requested by the Council regarding all activities of the Board; 2.32.060 RULES AND PROCEDURES. The Board may establish rules and procedures for conducting business. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005 PASSED by the City Council the day of ,2005 2 Gold Mountain Golf Complex Board of Directors 13 Council President Approved this day of , 2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of , 2005 ,2005 R:\LEGAL\Ordinances\Parks\BMC 2.32 Gold Mountain Board of Directors. doc 3 Gold Mountain Golf Complex Board of Directors 14 DATE SUBMITTED: December 16, 2004 BILL # Or;" O,;i{ AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~c ................;~~...~e...~.~q....................................................... SUBJECT: ~~c Hearing on~n.;{ce Committee Meeting Date: January 12,2005 amending BMC 9A.44 relating to pedestrian COUNCIL MEETING Date: January 19 &26, 2005 interference Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City is currently planning for a pedestrian friendly environment in its downtown area and anticipates increased pedestrian traffic as a result of downtown redevelopment efforts. The proposed ordinance provides regulations relating to pedestrian interference in order to provide a safe environment for both pedestrian and vehicular traffic. ATTACHMENTS: Proposed Ordinance No, L{ q 3 0 FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA 0 I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I mgy~ t8 a.ppf6. G the. plOpo~cd oldimmee en fin:t riadiRg '.. hidl I;;uads lC)g1:l1atioRS reWting tp ..pedigtriaR iFlt8rret'~ce. 2. I move to pass Ordinance No.1 ~ 3 0 on second reading enacting regulations relating to pedestrian interference. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 15 o Continue 0 No Action ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.44 entitled Public Disturbances to provide regulations relating to pedestrian interference. WHEREAS, the City is currently planning for a pedestrian friendly environment in its downtown area in conjunction with its downtown redevelopment efforts; and WHEREAS, the City anticipates increased pedestrian traffic as a result of this development; and WHEREAS, the City Council finds that a safe environment for both pedestrian and vehicular traffic is important for the residents and workers in downtown as well as other areas of the City; and WHEREAS, the current provisions of the Bremerton Municipal Code do not contain regulations relating to pedestrian interference; and WHEREAS, the City council finds it appropriate and necessary and in the health, safety and welfare of the citizens of the City to enact regulations relating to pedestrian interference; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A.44 of the Bremerton Municipal Code entitled "Public Disturbances" is hereby amended by adding the following section, Section 9A.44.100 entitled "Pedestrian Interference" to read as follows: 9A.44.100 PEDESTRIAN INTERFERENCE (a) The following definitions apply in this section: (1) Aggressively beg means to beg with the intent to intimidate another person into giving money or goods. (2) Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled. (3) Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (4) Obstruct pedestrian or vehicular trajjic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code shall not constitute obstruction of pedestrian or vehicular traffic. 1 Pedestrian Interference 16 (5) Publicplace means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (c) Pedestrian interference is a misdemeanor. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion ofthis ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005 PASSED by the City Council the day of ,2005 Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney ,2005 , 2005 PUBLISHED the EFFECTNE the ORDINANCE NO. day of day of R:\LEGAL \Ordinances\Police\Pedestrian Interference.doc 2 Pedestrian Interference 17 DATE SUBMITTED: January 3,2005 BILL # 0.5.- D'~}d- AGENDA BILL CITY OF BREMERTON CITY COUNCIL (,,1) ........................................................................................ :~~:e~p;~~~~ ~~;;~:d~r~SO~~~~:e ZQ51 ;;=~ ~~:~ ~:::: t.:: :~: ;~6~-~~ City Council to conduct its business Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The proposed resolution amends and updates the Rules and Procedures for the City Council by repealing the current Rules and Procedures adopted pursuant to Resolution No. 2926 and adopting new Rules and Procedures for the City Council to follow in conducting its business. ATTACHMENTS: Re.so\\A..+10(\ Nc."'1. q 5 ( 1. Proposed Resolution with new Rules 2. Redlined 2004 Rules FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: 1~~~-_7'. - I CONSENT AGENDA 0 I ...~~ -- FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Resolution No. a Cf61, adopting new Rules and Procedures for the City Council. COUNCIL ACTION: D Approve D Deny D Table 18 o Continue 0 No Action RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 2926 and adopting new Rules and Procedures for the City Council to conduct its business. .. WHEREAS, the City Council adopted Resolution No. 2926 on June 2, 2004, which adopted Rules and Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to update the Rules and Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2926 is hereby repealed in its entirety. SECTION 2. The Bremerton City Council Rules and Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\City Counci1\Council Rules and Procedures2005A.doc 1 Council Rules and Procedures 19 Rules & Procedures Page 1 Resolution No. ~ Bremerton City Council Rules & Procedures 20 CONTENTS RULE 1 - MEETINGS. ............... ............ .......... ......... ...... ... ... .................. ........... ........ ........... ........3 RULE 2 - PRESIDING OFFICER - DUTIES.............................................................................4 RULE 3 - COUNCIL MEMBERS......... .................. ....... .... ........... ......... .............. ....... ........ .........5 RULE 4 - AGENDA CONTROL....... ..... ..... ...... .... .... ........... .... ..... .......... ......... ........... ......... ........6 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ................................6 RULE 6 - DEBATES ............ .... ...... ............. .......... ..... ..... ............... .......... .......... .......... ........ .........7 RULE 7 - PARLIAMENTARY PROCEDURE ...................................................... ....................8 RULE 8 - ORDINANCES - RESOLUTIONS ......................................................... ....................8 RULE 9 - MISCELLANEOUS....... ....... ........... ....... ... ...... .... ......... .......... ... ..... ...... .... ......... ... .......8 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT......................................................... 1 0 RULE 11 - QUASI-JUDICIAL HEARINGS ............................................................................1 0 RULE 12 - CLOSED RECORD HEARINGS ...........................................................................11 Rules & Procedures Page 2 Resolution No. d..~st 21 RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in accordance with Rule 5, in the Council Chamber and/or Council conference room, Bremerton City Hall, Bremerton, Washington, except as follows: (a) There shall be no regular meeting of the City Council during the week of Thanksgiving. (b) If at any time any regular meeting of the City Council falls on a legal holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. i. Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion. ii. Meetings may be relocated to accommodate special needs or circumstances. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members of the City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: (a) Ifa member, prior to the convening of the meeting, files waiver of notice with the City Clerk, either written, bye-mail, or by FAX; (b) If a member is actually present at the time the meeting convenes; or (c) If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: Rules & Procedures Page 3 Resolution No. d.'f51 22 (a} consideration of acquisition or sale of real property if public knowledge would adversely affect the price; (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; (d) evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; ( e) to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; and (f) to evaluate the qualifications of a candidate for appointment to elective office. See RCW 42.30.110 for complete itemization of executive session topics. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to Council Chambers, as applicable, for Adjournment of the meeting. Confidential discussions during Executive sessions shall not be disclosed by any Council member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting. RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules. Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority ofthe Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. Ifboth the President and Vice President are absent and a quorum is present, the Chair ofthe Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: (a) Preserve order and decorum in the Council Chamber at all times; (b) Observe and enforce all rules adopted by the Council for its government; (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; and (d) Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; Rules & Procedures Page 4 Resolution No. ~( 23 _J (e): The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Warrant Register: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. 3. Council Co~mittees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments, subject to majority approval of the full Council. To the degree possible, assignments will be consistent with special skills, interests and time constraints. Assignments will be made to the following: (a) Standin!( Committees: i. Legislative Review Committee consisting of the full council membership, with the Council President as chair, to serve each week as a regularly scheduled committee meeting immediately following the Limited Agenda Council Meeting in the council conference room, or other times and locations as designated, to hear matters to be placed on the regular council meeting agendas and other council business. ii. Fiscal & Budget Committee to serve as directed by the Council President, 111. Operations Committee to serve as directed by the Council President, IV. Audit Committee per the City Charter and Chapter 2.18 BMC, v. Lodging Tax Advisory Committee per Chapter 67.28 RCW and Chapter 3.64 BMC. The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures. (b) Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President and approved by the City Council. ( c) Inter!(overnmental Committees, Commissions and Boards - Kitsap Regional Coordinating Council of Governments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member may be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. Rules & Procedures Page 5 Resolution No. ~\ 24 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned. 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE 4 - AGENDA CONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council may be initiated by the Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the Council Legislative Assistant and presented to Council Committees. The Council President may reject any agenda item not complying with this procedure. 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a council committee or the City Council at a study session. 3. Removing Items: At the pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Council Meeting: The Full Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Full Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: (a) Call to Order -Pledge of Allegiance -Invocation (b) Mayors Report (c) Public Service Announcements (d) Consent Agenda ( e) Public Hearings (f) Ordinances and Resolutions (g) General Business (h) Public Recognition. (i) Council Member Reports (j) Adjournment. Rules & Procedures Page 6 Resolution No. ~iS \ 25 2. Limited Agenda Council Meeting: The Limited Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the second, fourth and fifth (as applicable) Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Limited Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: ( a) Call to Order -Pledge of Allegiance - Invocation (b) Public Service Announcements (c) Consent Agenda (d) Other business as authorized by the Council President. (e) Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above. 6. Regular Council Meetings Televised: The Full and Limited Agenda Council meetings shall be televised unless otherwise directed by Council. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue. 3. Transgression: Upon transgression of these rules, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the decision of the majority of the members of the Council present, including the Council President, Rules & Procedures Page 7 Resolution No.l1S\ 26 shall govern. RULE 7 - PARLIAMENTARY PROCEDURE Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be submitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules. Such Agenda shall include all resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules. 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council, except for Consent Calendar agenda items. Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject to a time limit. If numerous speakers are addressing the issue, the Council President may further restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. Rules & Procedures Page 8 Resolution No. ~ 27 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. Those questions from the public posed to the Council that cannot be answered at the Council meeting must be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. 4. Ballot Issues: During the election period, beginning the last week in July or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception offundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council. Complaints against a Council Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice- President. Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. The City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council. 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President's vote called last. 9. Maintain Record: All of the regular and special meetings of the City Council and each and every part thereof shall be recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. Rules & Procedures Page 9 Resolution No. actS I 28 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff ofthe City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will be available at cost. 12. Non-Compliance with rules and Waiver: Failure of a Council member to challenge the non-compliance of Council proceedings with any rule or procedure herein, prior to the vote or other action taken on the item under consideration, shall constitute a waiver and such non- compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law. 13. Council Comments: No Council member may advertise or promote a private business or enterprise during Council meetings. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority ofthe Council. All Council member expenses shall be subject to approval by the Council President. RULE 11 - QUASI-JUDICIAL HEARINGS Council President convenes hearing. Item is introduced by City Clerk. Council President inquires: i. "All Council members should now give consideration as to whether they have: 1.) a demonstrated bias or prejudice for or against any party to the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict ofInterest exists." 1. Quasi-Judicial Body: In hearing matters requiring application oflaw and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule 11 and 12. (a) (b) (c) Rules & Procedures Page 10 Resolution No. J4SJ :)~ ii. "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now." (d) Council President calls upon Administrative Staffto present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. (e*) Council President designates the length of argument to afford a fair hearing of the issues. Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. (f*) Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. (g*) President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. (h) A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. (i) No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: (a) Closed record hearings on land use applications shall be conducted in accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff will announce that the decision will be based on materials received in evidence at the previous open record hearing of the Administrative Hearing Examiner or other applicable commission or board; minutes of the prior hearing; and the recommendation or decision from the open record hearing. (b) The Council may consider the following limited evidence not set forth in the record: i. The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources. ii. Council members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record. iii. Council deliberates and may ask questions of the staff. iv. A motion incorporating the decision is made. The Council may accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this day of ,2005. DAREN NYGREN, City Council President R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-200S Exhibit Al.doc Rules & Procedures Page 11 Resolution No. d, 'S"( 30 Bremerton City Council Rules & Procedures Rules & Procedures Page 1 Resolution No. ~151 31 CONTENTS RULE 1 - MEETINGS... ............ .............. .............. .... ......... ....... ............... ................... ......... ........ 3 RULE 2 - PRESIDING OFFICER - DUTIES........................................................................ 444 RULE 3 - COUNCIL MEMBERS...........................................................................................666 RULE 4 - AGENDA CONTROL.. ......... ............ ... .... .......... ....................... ...... ........... ....... ...... 666 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ........................... 666 RULE 6 - DEBATES ..................................................................... .............................. 8&& .. .......... ......... ........ .......... ......... ......... ......... 12~ RULE 7 - PARLIAMENTARY PROCEDURE................ .. ..... ........................... 8&& RULE 8 - ORDINANCES - RESOLUTIONS .......... ... .,................................... 8&& RULE 9 - MISCELLANEOUS ......................... ... ............................................999 RULE 10 - COUNCIL EXPENSE REIMBU ................................................ IlH-H RULE 11- QUASI-JUDICIAL HE ........................................................... IlH-H RULE 12 - CLOSED RECO Rules & Procedures Page 2 Resolution No. a'SI 32 RULE 1 - MEETINGS circumstances. 2. Special Meetings: Special meetings or any ch " r location of a regular meeting shall be called by the Council President, or a tmembers of the City Council, by delivering personally or by mail, e- n notice to each member of the Council; and to each local newspaper of gene+ on an to each local radio or television station which has on file with the City a written;iiWpe notified of such special meeting or of all special meetings. The notice must deliver {mally or by mail fax or e-mail at least twenty-four hours before the time ofth ~,s ecified in the notice. The call and notice shall specify the time and place of 'hg and the business to be transacted. Final disposition shall not be taken 0 at such meetings. Written notice may be dispensed with: (a) If with the City Clerk, either (b) m (c) or damage to persons increase the likelihood 0 the convening of the meeting, files waiver of notice mail, or by FAX; actually present at the time the meeting convenes; or meeting is called to deal with an emergency involving injury y, or the likelihood of such, where these requirements would ch injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. Rules & Procedures Page 3 Resolution No. a. f S'" I 33 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: (a) consideration of acquisition or sale of real property if public knowledge would adversely affect the price; (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; (d) evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; (e) to review negotiations on the performance public knowledge regarding such consideration would cause a li (f) to evaluate the qualifications of a can 'Gate See RCW 42.30.110 for complete itemization of exec office. Before convening in Executive session, the pr" cer s all announce the purpose of the session and the anticipated length of such sessio , ~~~ther further action is anticipated. Should the session require more time, a 'blic ann rl'lent shall be made that the session will be extended. The Council will return to cil C\t ers, as applicable, for Adjournment of the meeting. Confidential discussi {five sessions shall not be disclosed by any Council member or City officia any person unless confidentiality is waived by a majority ofthe Council. Violation ntiality may result in a censure motion by the Council during a regular. . - DUTIES RULE 2 - PRESI 1. Conduct of Mee ': The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules. Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. Ifboth the President and Vice President are absent and a quorum is present, the Chair of the Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: (a) Preserve order and decorum in the Council Chamber at all times; Rules & Procedures Page 4 Resolution No. ~I 34 (b) Observe and enforce all rules adopted by the Council for its government; (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; and (d) Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; (e) The presiding officer, as a member ofthe Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Warrant Register: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. ee assignments, as approval of the full cial skills, interests and 3. Council Committees: The Council President shall11l$ well as Intergovernmental Representative assignments, s ' Council. To the degree possible, assignments will be c time constraints. Assignments will be made to the foIl (a) Standin~ Committees: i. Le islative Revi nsisting of the full council membership, with the Council President as chair, '@Peach week as a regularly scheduled committee meeting immediately followi the Li '*genda Council Meeting in the council conference room, or other times and 10 d" i ated, to hear matters to be placed on the regular council meeting agendas.d26't usmess. ii. F & B ommittee to serve as directed by the Council ommittee to serve as directed by the Council President, President, , \, A\~ trCommittee per the City Charter and Chapter 2.18 BMC, Lo(f'fin Tax Adviso Committee per Chapter 67.28 RCWand Chapter 3.64 BMC. The above listed standing 'committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures. (b) Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President and approved by the City Council. (c) Inter~overnmental Committees, Commissions and Boards - Kitsap Regional Coordinating Council of Governments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member will-may be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. Rules & Procedures Page 5 Resolution No.llil 35 RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3. Voting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the the right to question any individual, or staff member, on matter Council. Such questioning shall not be conducted so as to ri '~u being questioned. resident, shall have the issue before the te the individual 5. Information Requests: A Council member m information before voting on an issue. If such regc approval of a majority of the Council is requi~ ' ation or additional deration to another date, RULE 4 - AGENDA CONTROL 1. Agenda Control: Cons1 may be initiated by the May )!tilr agenda bill should be file, 'th .~~ Committees. The Council! procedure. y bject, matter, or communication by the Council o ......1 Member. All written materials supplementing an ffi' .'jjy~1 Legislative Assistant and presented to Council '*} reject any agenda item not complying with this 2. Committee or ession Review: Each Agenda Bill item shall be presented to a council committee or the 't)r Council at a study session. 3. Removing Items: At the pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Council Meeting: The Full Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. Rules & Procedures Page 6 Resolution No. ~ 36 The Full Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: @} Call to Order (Flag 8alute -Pledge of Allegiance ftfld :Invocation) ill Mayors Report ~ Public Service Announcements @ Consent Agenda (including clleck register) ~ Public Hearings ill Ordinances and Resolutions f.g} General Business Mayor's Report ill Public Recognition. ill Council Member Reports . . . : The Agenda Council Meeting shall meet in . ferentlilo ation is so designated, on the second, ;;ifuonth at 5:30 p.m. or at such other day and enda Council Meeting shall consist of the rmined by the Council President: ill 2. Limited Agenda Council Meet' the designated council chambers, unles fourth and fifth (as applicable) W)sl time as designated by ordinanc e Li following items with the se &.ce @} of Alle iance cation ill rvice Announcements ~ Co ht Agenda Final Reading of Ordinances and Vote thereon. Introduction and First Reading of Ordinances as authorized by Council President. @ Other business as authorized by the Council President. ~ Adjournment 3. Executive SessionlRecess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. Rules & Procedures Page 7 Resolution No. ~ 37 5. Agenda Rearrangement: The Council President may rearrangeL or reformat change the sequence, or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above. 6. Regular Council Meetings Televised: The Full and Limited Agenda Council meetings shall be televised unless otherwise directed by Council. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, d debate of any issue, shall address their comments to the Cou proper deportment. Comments shall not contain personal' . toward any member of the Council, Staff and Public, b germane and relevant to the issue. ' nts, discussion or ith courtesy and emarks or insinuations ed to facts that are 3. Transgression: Upon transgression ot:, person to order, in which case that person shall Council President transgresses these rul or fails member of the Council may, under a p orde ,,~s, t e ouncil President shall call such "')~~ept to continue in order. If the "a transgressor to order, any other I the transgressor to order. 4. Challenge to Ruling: action or ruling of the Coun . bR decision of the majority 0 shall govern. f e Council shall have the right to challenge any ember, as the case may be, in which case the the Council present, including the Council President, PROCEDURE Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business ofthe City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action ofthe Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote of a majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and Rules & Procedures Page 8 Resolution No. djSl 38 may not be amended to include a different subject. 2. Submittal: No ordinance shall be read on final passagesubmitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. meetings, first reading sball be reheard. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Co Agenda for each session of the Council order shall not be departed from, e resolutions, ordinances and matt j,. reque ~~;<k items deleted from the Agen \ex2/%h Cil Presi e Legislative Assistant shall prepare the ular qld in accordance with these rules, which .t!' in these rules. Such Agenda shall include all any Council Member, or the Mayor, with no vided in Rule 4 of these rules. 2. Public Comment 0 diy. ems: Any person has the right to speak on any Agenda item at the time the . 'and prior to a vote by the Council, except for Consent Calendar a enda i rks must be confined to those that are germane and relevant to the item being discuss all be subject to a time limit. If numerous speakers are addressing the issue, the Council Preent may further restrict speaker time. Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. Those questions from the public posed to the Council that cannot be answered at the Council meeting must be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. Rules & Procedures Page 9 Resolution No. attS'1 39 4. Ballot Issues: During the election period, beginning the last week in July or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Counci . Citizens wishing to make such complaints shall be instructed that the same should b ssed and handled through the Mayor's office. Then, if the citiien feels approp 'e ot been taken, it shall be proper for the complaint to be communicated in bers of the Council. Complaints against a Council Member shall be submit 'i' President. If the complaint is against the Council President, the complai omitted to the Vice- President. Acceptance by the Council of a writte not, however, give rise to public discussion thereon. The City Attorney s led regarding confidentiality, rights to privacy and other legal concerns. ments to these rules shall be made by 7. Amendments to Rules & Proc resolution of the Council. 8. The City Clerk: Th business meetings of the votes shall be recorded by c Council President's 11 uly authorized representative, shall attend all aintain a permanent journal of its proceedings. All mes of each member on a positional rotation basis with 9. fthe regular and special meetings ofthe City Council and each and every part thereof sh > e recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequentto each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will Rules & Procedures Page 10 Resolution No. ~5J 40 be available at cost. 12. Non-Compliance with rules and Waiver: Failure of a Council member to challenge the non-compliance of Council proceedings with any rule or procedure herein, prior to the vote or other action taken on the item under consideration, shall constitute a waiver and such non- compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law. 13. Council Comments: No Council member may advertise or promote a private business or enterprise during Council meetings. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimburs laim Policies that have been established by ordinance or resolution. Reimbursement fop" vel by \to y member of the Council outside the State of Washington shall be made only,,)lVith t 'orlpprovalofthe majority of the Council. All Council member expenses SA, ~ ,J!pproval by the Council President. atters re JDng application oflaw and determination %_>;<1" p ~,s ;rather than the public generally or a class jrIt will conduct the hearing in accordance RULE 11 - QUASI-JUDICIAL HEARING, venes hearing. City Clerk. . idje inquires: ;'{uncil members should now give consideration as to whether they hav . ons ted bias or prejudice for or against any party to the proceedings; 2.) a dir ect monetary interest in the outcome ofthe proceedings; 3.) a prejudgment of the issue 'or to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict ofInterest exists." ii. "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now." (d) Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. (*e) Council President designates the length of argument to afford a fair hearing of the issues. Correspondence is read and testimony taken from proponents, then 1. Quasi-Judicial Body: In hearin of facts which predominantly affect part or group, the Council sits as a Qu 't'il with Rule 11 and 12. (a) (b) (c) Rules & Procedures Page 11 Resolution No. ~ 111 _I opponents and those neutral. Council may ask questions of those testifying. (*f) Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. (*g) President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. (h) A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. (i) No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. (b) '" J%" kati n shall be conducted in osed record hearings inquiry, the President or staff a s rec ed in evidence at the previous ~per or other applicable commission or {ion or decision from the open record RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: (a) Closed record hearings on a-Ian,Si$}1s accordance to this rule. The provisions of Rule 11 are a"* except as otherwise noted therein. After the appea will announce that the decision will be based 9 open record hearing of the Administrative Heari board; minutes of the prior hearing; and ,"e recom hearing. following limited evidence not set forth in the record: 1. law, ordinance, resolutio sources. ay take official notice of information such as any generally known and verifiable from reliable members may view the area in dispute, but shall note the time, manner and ces such view on the record. ouncil deliberates and may ask questions of the staff. A motion incorporating the decision is made. The Council may accept, reject, or modify t e Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this day of ,2005. DAREN NYGREN, City Council President R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-ZOOS Exhibit A.doc Rules & Procedures Page 12 Resolution No.~qS-( 1(-;;;-