HomeMy WebLinkAbout06/01/05 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 eg (360) 473-5280
JUNE 1, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in
A. General Council Business
2.
CALL TO ORDER: 5:30 P.M. in
A. Pledge of Allegiance
B. Invocation
ON
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB05-122)
B-.--Millotes of Meetillg - May 18, 2005 (#AB05-123) Pu.l \-uL
C. Minutes of M~~tiIlY Mcty 2::>, ~U05 (#A~Ob-12zt:t f~\l J
D. Appointment of Brianne Gregory to the Public Access Citizens Advisory Committee (#AB05-
125)
E. Interlocal Purchasing Agreement with KING COUNTY, WASHINGTON (#AB05-126)
F. Interlocal Agreement between the CITY OF BREMERTON and the PORT OF BREMERTON for
Computer Maintenance and Repair Services (#AB05-127)
6. PUBLIC HEARINGS
A. Ordinance No. 4938 repealing portions of BMC 21.02 and creating BMC 20.02 relating to
Review and Processing of Project Permit Applications (#AB05-128)
7. GENERAL BUSINESS
A. Resolution No. 2963 adopting Financial Goals and Policies for the CITY OF BREMERTON
(#AB05-129)
8. PUBLIC RECOGNITION
9. COUNCIL MEMBER REPORTS
10. EXECUTIVE SESSION
A. The Council will convene for a 15-minute Executive Session to discuss "Potential Litigation"
per R.C.W. 42.30.110(1)(i) (#AB05-130)
11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
II 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.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
~~\t(L ~ l; Or 5 01/\
DtcTE SUBh1ITTED:
BILL F
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AGENDA BILL
Clr{ OF RR.EJ:vfERTON
CIT'{ COlfNCIL
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memE~~~m~ffi~~QSIDE~~S~@m~~~~EEID~IDgE~~8~~~UEm~Bg~mBmm~~e~E~Ee~fiE~~m&mB~g~~Be~~~~~m~~~o~~~~e
SUBJECT: Approval of Claims and Checks
Register
Committee M:eeting Date:
COUl'.JCIL ]\1EETll,JG Date:
Department:
Presenter:
Phone:
(c?-I-O <;:
Finarlcial Services
Cathy Johnson
473-5296
SUl\1MARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
CONSENT AGENDA [gI
-p~ (~~
Move to Approve:
1) Check #' s .3 DO;;Z Co 7 through 3003 ~ and EFT's ~3 f ~ through f3 6f"
intheamountof$3b~Ohf ~I
2) Regular Payroll for the pay period ending in the amount of $ .
3) Retiree Payroll for the pay period ending
COUNCIL ACTION: ~rove
in the amount of $
o Deny
D T>lhl
~__ e
o Continue
D 1-J- ,c ~L'___
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DATE SUBMITTED: N\.o...y '.2CQ) :;1.005
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 05 - 1;t3
68--
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date: . ,rut\e- I) ~o 0 5
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held M Q. Y ('S J ':l. 0 <:;) S
SUBJECT: Minutes of Meeting -
M a. ~ I g I 2005
ATTACHMENTS: Minutes for fJ\().y 1'6 I 2.0 oS
FISCAL IMPACTS (Include Budgeted Amount): 0
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA (gJ
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, May 18, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, May 18, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Mike Shepherd, Wendy Priest, Cecil
McConnell, and Brad Gehring. Council Member Dianne Robinson was absent. Also present were
Assistant City Attorney Dave Horton; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation
provided by Council Member Carol Arends.
Council President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
2. Reminded citizens that information on upcoming Council Meetings can be found on the City's
website at www.cLbremerton.wa.us. or by calling the Council office at (360) 473-5280.
MAYOR'S REPORT - Mayor Bozeman...
· Presented the Mayor's Employee Appreciation Award for May 2005 to Felicia Brown of the
Finance Department;
· Expressed his support for the allocation of "HOME" program funds to HABITAT FOR HUMANITY OF
KITSAP COUNTY;
· Indicated that at this time, he was not going to get involved with the County's decision on whether
or not to bring NASCAR to Kitsap County;
· Thanked the voters for supporting the Bremerton School District by approving the Bond Levy; and
· Provided an update on the proposed acquisition of Kitsap Physicians' Service (KPS) by Group
Health Cooperative.
PUBLIC SERVICE ANNOUNCEMENTS
Dan Schremser of Leadership Kitsap (Team 4) presented a briefing on homelessness in Kitsap
County; and invited the public to attend "Quiet Crisis: Homeless in Kitsap County" at the Silverdale
Community Center on Wednesday, June 1st at 7:00 PM.
Council President read the following proclamations:
· May 14 to Memorial Day, 2005 as "Poppies Days"; which was accepted by representative of
American LeQion Auxiliary Unit 68;
· May 14 to Memorial Day, 2005 as "Poppies Days"; which was accepted by representative of
American LeQion Auxiliary Unit 149; and
· May 15, 2005 as "Peace Officer Memorial Day"; and the Week of May 15 - 21, 2005 as
"National Police Week", which were accepted by Police Chief Rob Forbes, who also invited
the public to attend the Law Enforcement Officer's Memorial Ceremony at 1 :00 PM on Friday,
May 20, 2005 at Evergreen Park.
Council President announced that a presentation to name the new Law & Justice Center in honor of
Art Morken would be made to the City Council at their Study Session on June 8.
CONSENT AGENDA
A. Check Numbers 299924 - 299966 and EFT-8318 - EFT-8333 in the amount of $172,065.98
(#AB05-114)
B. Minutes of Meeting - May 11, 2005 (#AB05-115)
City Council Reg. Mtg. Minutes
Wednesday, May 18, 2005
Page 2 of 4
C. Reappointment of John W. Cockburn to the Planning Commission (#AB05-116)
D. Contract Award to EpIC CONSTRUCTION, LLC for Reservoir No.5 North and South Roof Anchorage
and Elevated Walkway (#AB05-117)
5:50:55 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
6A- HABITAT FOR HUMANITY OF KITSAP COUNTY REQUEST FOR $565.206.52 IN CITY OF
BREMERTON "HOME" FUNDS (#AB05-118): Betsy Howe, Community Development, mentioned
that as a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual
allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand
the supply of safe, sanitary and affordable housing for low-income persons. The City Council is
responsible to make the final determination concerning use of the funds.
Lori Oberlander Executive Director of HABITAT FOR HUMANITY; and Art Castle Executive Director for
the HOME BUILDERS ASSOCIATION OF KITSAP COUNTY, each thanked the Council and the City for their
support.
Council Members Mike Short and Carol Arends provided comments in support; Wendy Priest
encouraged citizens to donate much-needed funds; and Daren Nvaren commended Chris Hugo,
Director of Community Development for being instrumental in encouraging HABITAT FOR HUMANITY to
expand the size of this project, which will benefit the City.
5:57:44 M/S/C/U (Arends/Shepherd) Move to approve allocation of $565,206.52 to Habitat for
Humanity of Kitsap County from HOME Program funds.
6B - RESOLUTION NO. 2962. CLOSED RECORD HEARING, APPROVING RAINIER VISTA FINAL
PLAT. FILE BP04-00437 (#AB05-119):
President Nygren indicated that because this was a Closed Record Hearing, all Council Members
should now give consideration as to whether they have 1) demonstrated bias or prejudice for or
against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome for the
proceedings; 3) a pre-judgement 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.
All Council Members remained seated. President Nygren then asked if any member of the public
believed any Council Member should excuse themselves due to a conflict with the Appearance of
Fairness Doctrine, or for other concerns, to please state the reasons now. Due to no comments from
the public, all Council Members remained seated.
Robert Grumbach, Community Development, explained that Resolution No. 2900 granted
preliminary approval to the Rainier Vista Plat to re-divide 0.96 acres of land consisting of 2 lots at the
south side of East 3151 Street, 1 OO-feet west of Pawnee Drive. The City Engineer and Community
Development Director signatures accompany the final plat recommending approval.
There were no comments from the public.
Brad Gehrina asked for clarification on the location of this property; and Will Maupin was curious
about the 30-feet extension of 31 sl Street, which Mr. Grumbach explained was for future use.
6:03:56 M/S/C/U (Shepherd/Maupin) Move to pass Resolution No. 2962 approving the final plat for
Rainier Vista; and authorizing the City Council President to sign the Mylar
6C - ORDINANCE NO. 4937 rSECOND READING] ADOPTING AMENDMENTS TO THE CITY
ZONING CODE BY ADDING CHAPTER 20.66 ENTITLED "NEIGHBORHOOD CENTER CORE
(NCC)" AND CHAPTER 20.70 ENTITLED "DISTRICT CENTER CORE (DCC)" TO THE
BREMERTON MUNICIPAL CODE (BMC) (#AB05-110): First reading of the ordinance was heard on
City Council Reg. Mtg. Minutes
Wednesday, May 18, 2005
Page 3 of 4
May 4, 2005. Chris Huao explained that some changes were made for clarity and to address
concerns of the Council expressed after the initial First Reading; and introduced Paul Roaerson,
Planning Manager, who went through the ordinance to discuss those substantive changes.
Mike Eliason, Government Affairs Director with the KITSAP COUNTY REALTORS ASSOCIATION, praised
the work by Chris Hugo, Paul Rogerson, and the Planning Commission on the original proposed
ordinance and the revisions presented this evening, which he supports; however, his only concern is
with the expansion of the District Center Core into East Bremerton.
Art Castle, Executive Director for the HOME BUILDERS ASSOCIATION, also supported the proposed
ordinance, but indicated that if the building height restriction was increased from 35-feet to 40-feet, it
would allow more diverse design options.
Council Members raised the issue of upper floor setback minimums; expressed support for increasing
the building height restriction from 35-feet to 40-feet; and concern that care is taken in creating the
Centers one at a time and resolving problems before creating the next Center.
Mr. Roaerson reminded the Council that there would be another opportunity for revisions and
amendments when the Zoning Code Ordinance is brought back before the Council for "housekeeping
corrections" before any of the Chapters take affect; and the Planning Commission, as well as citizens,
will also have ample opportunity to provide comments.
President Nvaren thanked the Planning Commission and the Department of Community
Development for their diligent work on this ordinance.
6:33:20 M/S/C/U (Arends/Maupin) Move to pass Ordinance No. 4937 on second reading.
PUBLIC RECOGNITION
Mel Wortman and Sid StrassberQ spoke in favor of the proposed action to name the new Law &
Justice Center in honor of Art Morken. President Nygren reiterated his intention to have this item
presented during Council at Study Session on June 8; and to the Council Meeting on June 15.
Mike Eliason, Government Affairs Director with the KITSAP COUNTY REALTORS ASSOCIATION,
expressed his support for the naming of the Law & Justice Center after Art Morken; encouraged Carol
Arends and Will Maupin to participate on the newly created panel to study Passenger Only Ferries;
and praised the work being done by the Bremerton City Council.
COUNCIL MEMBER REPORTS
Mike Short concurred with the comments about naming the Law & Justice Center after Art Morken,
and stated that through the years he has lived in Bremerton, he has always heard only good things
about him.
Will Maupin takes pride in the fact that the community supported the Bremerton School Bond.
Carol Arends echoed those comments regarding the passing of the School Bond; expressed positive
comments regarding Art Morken; and looked forward to the Armed Forces.
Mike Shepherd invited the public to attend the Memorial Day Ceremony on May 31 at 1 :00 PM at Ivy
Green Cemetery; and encouraged citizens who observe overgrown weed problems to call the City's
Enforcement Officer at (360) 473-5213.
Brad Gehrina encouraged everyone to come down and enjoy the Armed Forces Festival.
City Council Reg. Mtg. Minutes
Wednesday, May 18, 2005
Page 4 of 4
Daren Nvaren commended John W. Cockburn and all members of the Planning Commission for their
service to the City.
With no further business, the meeting of the City Council was adjourned at 6:50 PM.
p~~/
LOR SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DATE SUBMITTED: N\ C( Y .:l(P I ~oo 6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# 05-1:l.~
5(,
........................................................................................
SUBJECT: Minutes of Meeting -
Committee Meeting Date: N/ A
COUNCIL MEETING Date: .Jvn.e... I) -;J..o <:> 5
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held Mo.. y :;.. 5 I ,2.00 S
M 0... Y ;). f5, ;;Lo 0 5
ATTACHMENTS: Minutes for Mo...y :;1.5 ~ :LOO 5
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, May 25,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, May 25, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich;
City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation
provided by Associate Youth Pastor Jonathan Oleson of Sylvan Way Baptist Church.
President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
2. Reminded citizens that information on upcoming Council Meetings can be found on the City's
website at www.cLbremerton.wa.us. or by calling the Council office at (360) 473-5280.
PUBLIC SERVICE ANNOUNCEMENTS
Brad Gehrina, representing COMBAT VETERANS INTERNATIONAL, presented a POW*MIA flag to
display at the Norm Dicks Government Center; which was accepted by Council President Nvaren
on behalf of the Mayor and the City of Bremerton.
Brad Gehrina announced that he and Cecil McConnell would host the next District 1 & 2
Community Meeting on Thursday, May 26 from 6:30 to 8:00 P.M. at the Sheridan Park Recreation
Center located at the corner of Clare Avenue & Lebo Boulevard, and Kathleen Cahall, Water
Resources Manager would discuss "Water...Bremerton's Most Remarkable Resource':
Helen Miller announced the Opening Day for the "BLUEJACKETS WEST COAST COLLEGIATE BASEBALL
LEAGUE" would be 7:00 pm on Friday, June 1 0 at the Kitsap Fairgrounds & Special Events Center.
For additional information, please call (360) 479-0123.
CONSENT AGENDA
A. Check Numbers 299967 - 30026 and EFT-8334 - EFT-8344 in the amount of $1 ,295,664.11; and
Regular Payroll in the amount of $608,533.61 for the period ending May 15, 2005 (#AB05-120)
5:39:17 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
5A - APPROVAL OF 2005 JUSTICE ASSISTANCE GRANT (#AB05-121): Tim Sholtis, Police
Department, explained that the City of Bremerton Police Department applied for an Edward Byrne
Memorial Justice Assistance Grant (JAG) that will allow the City of Bremerton to support a broad
range of activities to prevent and control crime based on our own local needs and conditions. These
needs are to purchase electronic perimeter-surveillance equipment needed to protect and preserve
valuable Police and City provided resources. Funds will also purchase ancillary prevention and
education equipment which is needed to improve community policing services. These two
construction fund areas have identified funding shortfalls or no allotted funds that could impact
needed equipment purchases. Using grant sources, the Police Department is funding shortfalls and
unfunded equipment requirements. The grant is from the Department of Justice. No matching funds
are required of the City. The total grant amount is $65,321.00. The grant duration is through
September 2009.
There were no comments from the public.
City Council Reg. Mtg. Minutes
Wednesday, April 27, 2005
Page 2 of 2
5:42:07 M/S/C/U (Arends/McConnell) Move to approve the Justice Assistance Grant for 2005 for
equipment funding.
With no further business, the meeting of the City Council was adjourned at 5:43 PM.
The Council reconvened in Council Conference Room 603 for a Study Session to hear presentations
on upcoming agenda items.
p~~/
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DA TE SUBMITTED: May 18, 2005
BILL# O~ - 1;25
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
50
........................................................................................
SUBJECT: Appointment to the
Public Access Citizens Advisory Committee
Committee Meeting Date: 5"' -;<s:-- oS-
COUNCIL MEETING Date: ~ - / - 0 S-
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: There is a vacancy on the Public Access Citizens Advisory Committee for a student
representative. It is recommended Brianne Gregory, a student from Bremerton High School, be
appointed to fill the vacancy.
ATTACHMENTS: Application for appointment.
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
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RECOMMENDED MOTION:
CONSENT AGENDA?
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
Motion to confirm the appointment of Brianne Gregory to the Public Access Citizens Advisory
Committee.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
'm~~...
~
Application For City Boards/ Commissions/ Committee
Note: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before any
action is taken on your appointment.
(Please type or print clearly)
Date: J1L/2"9; loy
I
Name: 6R\ Uf\{\ ~
FIRST
G~e'9c(Q)
LAST
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MIDDLE
Home Address:
NUMBER STREET
Occupation: S-h ide nt
Employer:
Work Address: iSoc
NUMBER
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STREET
Work Phone: (
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Fax: (
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E-Mail: '8R\'O\V'f\E l3f0n(: L (cJ~
Education:
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Home Phone: (?bO)
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STATE CITY ZIP
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9933'7
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Local References (names and phone numbers):
D Disability Action Committee
D Civil Service Commission (18 yrs. and older)
D Urban Forest Committee
D Public Access Citizens Advisory Committee
D Community Development Block Grant Advisory Board
D Youth Council
D Safe Streets Steering Committee
D Board of Appeals, Housing/Building Codes
[3- Other \j\t-!L\\ i\d V i~;.,c"':t~) (f:', 1'"\ ;\Adtee
Is this an application for reappointment? N (::c
If yes, how many years have you served on this commission/committee?
I am interested in serving (please check one or more):
D Planning Commission (18 yrs. and older)
D Parks & Recreation Commission
D Ethics Commission
o Parking Advisory Board
D Mayor's Select Committee on Law Enforcement
o Bremerton Housing Authority
D Solid Waste Management
D Citizen's Commission on Council Salaries
City Appointment Application
Page 1 of2
Why are you applying for this appointment?
J:' w n <;;
o..S~~d It) O"PC::>IJ.
Which of your personal and/or professional interests prompted you to apply for this appointment?
"1: D,;\ \ !~-teR.e <,;tI?d .In v.c~ ja..IV:~(\ \'(1 ~ i \i'-\. C"\.J~_.l iv r:l.. te \() v ~ s \ en ,:r '!\..{ (~,,;<2RJ2_rrHJ ,-H.,j,Q,\j, 5
IV r{.l.\,.O-C\\A.Cti..:>(l\ (',"\- ""\I(^lt: ,V)V\ ':l<,,^-u,l,
Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes,
please list: ''N'O
Please list your qualifications for this aRfointment (include skills, activities, training, education):
~A-~\f.L- i - -S \-\-S T'.J . .yr(J~~) cf,'o VL.<; ..
What are your community interests (committees, organizations, special activities)?
\.b \ \,ey be"
We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at
(360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed
form to: Mayor's Office, 239 4th Street, Bremerton W A 98337.
City Appointment Application
Page 2 of2
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
05.- J~ tQ
SE
........................................................................................
SUBJECT: Interlocal Purchasing
Agreement with King County, Washington.
Committee Meeting Date: May 25, 2005
COUNCIL MEETING Date: June 1,2005
Department: PW & Util
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUMMARY: In order to enhance our purchasing abilities and use the most economical means
possible by utilizing a cooperative approach I am requesting the City of Bremerton enter into an
Interlocal Purchasing Agreement with King County, Washington. This agreement, pursuant to RCW
39.34, will be used to purchase materials, services and equipment from already approved competitive
bids.
ATTACHMENTS: Agenda Bill Form
FISCAL IMPACTS (Include Budgeted Amount): NONE
APPROVALS:
DEPARTMENT DlRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
(( /'
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OPERATIONS: ~'q;/~L . ;wc
COUNCIL PRESIDENT: ~~ ~
RECOMMENDED MOTION: That the City Council approve the proposed interlocal purchasing
agreement with King County Washington.
FISCAL/BUDGET:
CONSENT AGENDA [gj
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Cooperative Purchasing
Agreement
8
King County
Department of Executive Services
Finance and Business Operations Division
Procurement and Contract Services Section
Exchange Building, EXC-ES-0862
821 Second Avenue, 8th Floor
206-684-1681 TTY Relay: 711
In accordance with Chapter 39.34 RCW, King County and the City of Bremerton agree to a
cooperative governmental purchasing agreement for various equipment and supplies using King
County's competitively awarded contracts.
King County therefore extends the use of its contracts to the City of Bremerton to the extent provided
by law and upon the following terms:
(1) The vendor(s) agree to extend to the City of Bremerton the terms and conditions of King
County's contract(s).
(2) The City of Bremerton accepts responsibility for compliance with any additional or varying
laws and regulations governing its purchases. Any purchases by the City of Bremerton
shall be effected by a purchase order from the City of Bremerton and directed to the
vendor.
(3) King County accepts no responsibility for the performance of any of the purchasing
contracts by the vendor.
(4) King County accepts no responsibility for payment of the purchase price by the City of
Bremerton.
This agreement may be revoked at any time in writing by either party.
Accepted for King County
Accepted for: City of Bremerton
David Leach
Name
Procurement Manager
Title
Date:
Date:
4/27/20054:44 PM, Coopagr1
DATE SUBMITTED: 5-19-05
BILL # 05 - I a7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5F
...........................................................................................1
SUBJECT: Interlocal Agreement between
the City ofBremerton and the Port of
Bremerton for Computer Maintenance &
Repair Services
Committee Meeting Date: 5-25-05
COUNCIL MEETING Date: 6-1-05
Department: Financial Services
Presenter: Bill Eley ll.-
Phone: 473-5293
SUMMARY: Staff is recommending that the City ofBremerton enter into an Interlocal Agreement
with the Port of Bremerton to provide the Port with computer and related software maintenance and
repair. The City will be compensated at $55.00 per hour.
ATTACHMENTS: Interlocal Agreement ': ~\$C..\,)'So.s'ON ~e.."'^O .
FISCAL IMPACTS (Include Budgeted Amount): Will provide a revenue increase of about $5,000
annually for Fund 511 - Information Technology. No material impact on expenditures.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: ~
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
/_LM'
,-p 2-~ CONSENT AGENDA.RJ'"'
OPERATIONS: {~.u~ b' ...:.€-"1' , '.~ /~
COUNCIL PRESIDENT: -:J>."... ~/\..--
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement with the Port of Bremerton for computer
maintenance and repair services and authorize the Mayor to execute the agreement in
substantially the same form as presented.
'&k~weJl-e
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Port of Bremerton Support Agreement
The Port of Bremerton has a very small computer network (approximately the
same size as Gold Mountain Golf Course). Theirs is a Microsoft network and
because of its size they have no in-house support staff. This is a great
opportunity for both parties to benefit from this agreement.
The Port benefits by:
1. Obtaining reasonably priced support without entering into a major support
contract.
2. Having expertise close at hand (we both have offices on the 5th floor).
The City benefits by:
1. Gaining/retaining valuable hands-on experience in the Microsoft arena
0Ne are currently a Novell shop, but it is highly likely that we will move to
Microsoft in the near future.)
2. The additional revenue from support work performed will help offset the
City's labor costs without degrading the core support provided to the City.
3. The Port's network is small and simple enough that we can use that
installation to improve the network skills of our more junior staff members.
This agreement does not jeopardize the support that will be provided to the City.
It is understood that support will only be provided when support obligations to the
City have been satisfied. In the event that providing support to the Port becomes
a burden, we can terminate the agreement with 30 days notice.
INTERLOCAL AGREEMENT
WHEREAS, the Port of Bremerton owns and operates computer equipment and
related software situated within the City of Bremerton and surrounding areas of Kitsap
County; and
WHEREAS, The City of Bremerton has personnel skilled in maintaining computer
equipment and related software and is willing to provide maintenance services to the
computer equipment and related software owned and operated by the Port of
Bremerton;
NOW THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,
IT IS HEREBY AGREED AS FOllOWS:
Section 1: Parties. This Agreement is by and between the City of Bremerton,
hereinafter referred to as "the City", and the Port of Bremerton, hereinafter referred to as
"the Port".
Section 2: Term. This Agreement shall become effective on May 1,
2005 and shall remain in effect until cancelled by either party. Each party shall give the
other thirty (30) days notice in the event that they wish to cancel the Agreement.
Section 3: Payment The City will be compensated for time spent providing
services to the Port in the amount of fifty five (55) dollars per hour. This fee will also be
charged for time spent by City personnel traveling to Port facilities. This fee will be
reviewed each December and adjusted each January by the percentage change in the
"All Items" category of the Consumer Price Index for All Urban Consumers (CPI-U) as
published by the Bureau of labor Statistics of the U.S. Department of labor for the
Seattle-Tacoma metropolitan statistical area (1982-84 = 100) as published for the month
of June preceding.
If at any time during the term of the contract the practice of computing the Index
for the City of Seattle shall be abandoned or altered by the U.S. Department of labor,
and not assumed by some other Federal or State governmental agency, then there shall
be substituted therefore at the City's sole discretion the then most nearly comparable
cost of living index.
Further,. the Port shall reimburse the City for all computer related hardware and
software provided to the Port by the City, for the purpose of providing computer service
1
on the basis of cost to the City plus ten (10) percent. This provision is made to cover
personnel costs incurred by the City in the acquisition and handling of such items.
Section 4: Service Provided.
a. The City shall provide repair, routine periodic maintenance, and support
for the network and application servers; desktop PCs, printers and peripherals
associated therewith.
b. The City shall provide maintenance and support for all network equipment
that would otherwise be the responsibility of the Port to maintain.
c. The City shall provide support for network and desktop operating systems
and any application that is a component part of Microsoft Office.
d. The City shall acquire the necessary components to perform the support
listed in 4a through 4c above. In addition, the City shall recommend equipment and
software replacement when it deems necessary and/or desirable to do so, and will, if
requested by the Port, acquire that replacement equipment and software.
e. The City shall provide the above services at the Port's facilities at the
Bremerton National Airport, within the City of Port Orchard and in Bremerton.
f. Requests for service should be bye-mail to heipthasj,:;@cLbr;;:;merton.'}\JElJJi:'5
or by calling (360) 473-5475 and leaving a message.
g. Billing will be on a monthly basis and the City will provide a log of the work
performed corresponding to the hours billed.
Section 5: Time of Service. The services set forth in Section 4 shall be
available during regular business hours on the City's normal business days. The City
will make a good faith effort to respond within four (4) hours of a request for service
during those days and times.
Section 6: Hold Harmless. The Port agrees to defend, indemnify and save
harmless the City, its appointed and elected officers and employees, from and against
any and all liability, loss, cost, damage and expense, including costs and attorney's fees
in defense thereof because of actions, claims or lawsuits for damages resulting from
any loss caused by the loss of computer service and/or data, unless such loss is directly
attributable to the negligence of the City's personnel.
Section 7: General Conditions.
2
a. Entire Agreement. This Agreement constitutes the entire agreement
between the parties and both parties acknowledge that there are no other agreements,
written or oral, that have not been fully set forth in the text of this Agreement.
b. Amendments. The parties hereby further agree that this Agreement
cannot be amended or modified without the written concurrence of both parties.
c. Notices. Any notices required to be given by the City to the Port, or by
the Port to the City, shall be in writing and delivered to the following parties at the
following addresses:
City Clerk
City of Bremerton
345 6th Street, Suite 600
Bremerton WA 98337-1873
Director Finance & Administration
Port of Bremerton
8850 S.W. St. Hwy 3
Port Orchard WA 98367
d. Waiver. Failure to insist upon strict compliance with any terms,
covenants or conditions of this Agreement shall not be deemed a waiver of such, nor
shall any waiver or relinquishment of such right or power at any time be taken to be a
waiver of any other breach.
e. Compliance with State. Local and Federal Laws. Parties agree to
comply with all applicable Local, State and Federal laws in performance of all services
under this Agreement.
f. Applicable Law: Venue. This Agreement shall be construed and
interpreted in accordance with the laws of the State of Washington and, in the event of a
dispute, the venue of any action brought hereunder shall be in Kitsap County.
Section 8: Nondiscrimination. The City shall not discriminate in
employment or services provided on the basis of race, color, national origin, sex,
religion, age, marital status, or disability in employment or the provision of services
unless an employment action is based on a bona fide occupational qualification.
Section 9: Termination. This Agreement may be terminated by either
party, without cause, upon thirty (30) days written notice to the other party, or for cause
if either party fails substantially to perform through no fault of the other and does not
commence correction within five (5) days of written notice and diligently completes the
correction thereafter.
3
IN WITNESS WHEREOF the parties have executed this Agreement, the dates
and year written below.
Date:
PORT OF BREMERTON
By:J~~ Wfj
/ / \~<
Date: S 4- DS
I (
CITY OF BREMERTON
By:
CARY BOZEMAN, Mayor
f"""
RECEIVED FOR FILING:
PAULA JOHNSTON, City Clerk
4
DATE SUBMITTED: April 18, 2005
BILL# 05 - /28
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
t.A
· .0 ~~ · ;...j1:r : · ~. 3. g.. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ~ a? · · · · · · · · · · · · · · · · I
SUBJECT: Public hearing on ordinance
repealing portions ofBMC 21.02 and
creating BMC 20.02 relating to review and
processing of proj ect permit applications.
Committee Meeting Date: May..l-t, 2005
COUNCIL MEETING Date: May 18,2005 (0 -/ - OS
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The current provisions of the Bremerton Municipal Code relating to project permitting
need to be updated and consolidated to assist in the administration, review, and processing of permit
applications.
ATTACHMENTS:
1. Memorandum to City Council
2. Proposed Ordinance tJo. 4'l3 e
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
'0"''-."'''' ,~,~...-.,.,"........---
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Ordinance No. 4 q 3 8 repealing portions of BMC 21.02 and creating BMC
20.02 relating to review and processing of project permit applications.
CONSENT AGENDA D
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Office of the City Attorney
Roger A. Lubovich, City Attorney
Memorandum
To: City Council
From: Roger A. Lubovich, City Attome
Re: New Project Permits Chapter ofthe Bremerton Munici a Code
Date: May 25, 2005
The proposed ordinance updates the City's land use permit processing procedures and moves them from
the current zoning code, Chapter 21.02, to a new Chapter 20.02 in order to provide a single consolidated
source for permitting procedures. The basis for these procedural regulations is found in Chapter 36.70B
RCW (Local Project Review). The City of Bremerton's Comprehensive Plan Economic Development
Element, Policy ECF A, guides the City to develop procedures to expedite the land use development
permitting process. The proposed ordinance simplifies the permitting procedures whenever possible and
provides clarity to the process. The changes also provide better consistency with our Hearing Examiner
system. A majority of the proposed changes are minor and include consolidating the text language in
the current zoning code relating to permitting with the contents of Figures 840 and 895 of the zoning
code.
The most significant change is to planned unit development (PUD) and preliminary subdivision
applications, which become Type III Hearing Examiner decisions instead of Type IV City Council
decisions. This change would eliminate the need for a second hearing body to review the project. Final
plats are still Type IV City Council decisions.
Some of the other noted changes include:
(1) Establishing clearing, grading and building permits requiring SEP A as Type II decisions.
(2) Adding a vesting provision to establish the rules and regulations under which a permit
application is to be pn>cessed.
(3) Adding new definitions based upon Chapter 36.70B RCW (Local Project Review).
(4) Establishing the records of the Kitsap County Assessor's office as the basis for determining the
property owners of record for mailed notification of permitting decisions.
(5) Adding flexibility to the pre-application conference meeting requirements and allowing for a
waiver of the conference when appropriate.
(6) Clarifying the notice of decision requirements.
(7) Providing that notice for an administrative appeal is sent only to parties of record and interested
persons as those persons are defined in the ordinance.
(8) Allows joint hearings with other jurisdictions as authorized by state law.
R:\LEGAL\Departments-General\Community Development\Project Permit Staffmemo.doc
ORDINANCE NO. ~ q L~g
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing certain sections of Chapter
21.02 of the Bremerton Municipal Code and creating a new
chapter, Chapter 20.02 to consolidate and update the review and
processing of project permit applications.
WHEREAS, the current provisions ofthe Bremerton Municipal Code relating to
project permitting are currently contained in the zoning code, Chapter 21.02 ofBremerton
Municipal Code; and
WHEREAS, removing provisions relating to project permitting from the zoning
code, updating the same and consolidating provisions related to project permits would assist in
the administration, review and processing ofproject permit applications; and
WHEREAS, pursuant to WAC 197-11-800(20), project permits are procedural
actions exempt from SEP A review; and
WHEREAS; the City Council desires to create a new chapter relating to the
project permits and further update the provisions relating to the administration, review and
processing of project permit applications;
WHEREAS pursuant to RCW 36. 70A.l 06 a Notice of Intent to adopt this
ordinance was sent to the Washington State Department of Community Development on October
23, 2004; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The following Sections of Chapter 21.02 of the Bremerton
Municipal Code, the Zoning Code, are hereby repealed in their entirety:
21.02.400
21.02.410
21.02.420
21.02.450
21.02.830(f)
21.02.840
21.02.845
21.02.850
21.02.855
21.02.865
21.02.870
21.02.875
Administrative Hearing Examiner Recommendation
City Council Action
Appeal to Superior Court
Appeal of Director's Determination
Appeal of Director's Determination
Type I Administrative Decisions
Type II Administrative Decisions
Type III Administrative Hearing Examiner
Type IV City Council Decisions
Planned Actions
General Processing Procedures
Project Permit Application
1
Project Permits
21.02.885
21.02.890
21.02.895
21.02.935
Decisions
Time Limits on Decisions
Notice
Appeal
SECTION 2. Figures 840, 895(a) and 895(b) of the Appendix to Chapter 21.02
of the Bremerton Municipal Code are hereby repealed in their entirety.
SECTION 3. A new chapter, Chapter 20.02, entitled "Project Permits" is hereby
added to the Bremerton Municipal Code to read as follows:
CHAPTER 20.02
PROJECT PERMITS
20.02.010 PURPOSE AND INTENT
(a) Fundamental land use planning choices made in adopted comprehensive plans and
development regulations shall serve as the foundation for project review. This chapter
establishes how the City of Bremerton will process applications for project permits.
(b) These procedures provide for an effective processing and review of permits
consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.13
BMC (Administrative Hearing Examiner), Chapter 20.04 BMC (Environmental Policy), Chapter
20.12 BMC (Subdivisions), Chapter 17.04 mc (International Building Codes), Title 20 Section
III Zoning, the Bremerton Shoreline Master Program, Chapter 20.14 Critical Lands and other
applicable codes making reference to this chapter.
20.02.020 DEFINITIONS
Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
City means City of Bremerton.
Closed record appeal means an administrative appeal on the record on a project permit
application following an open record hearing with no or limited new evidence or information
allowed to be submitted and only appeal argument allowed.
Days means calendar days.
Director means the Director of the Department of Community Development of the City of
Bremerton or his/her designee.
Department means Department of Community Development
Hearing Body means City Council, Hearing Examiner or any other body designated by the City
Council to preside over an open record hearing or closed record appeal.
Hearing Examiner means the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC.
2
Project Permits
Open record appeal hearing An open record hearing held on an appeal when no open record
pre-decision hearing has been held on the project permit application.
Open record hearing means a hearing that creates the city's record through testimony and
submission of evidence and information, under procedures prescribed by the city by ordinance or
resolution. An open record hearing held prior to the city's decision shall be known as an "open
record pre-decision hearing."
Parties of record means:
(1) the applicant;
(2) the property tax payer as identified by the records available from the Kitsap County
Assessor's office;
(3) any person who testified at the open record public hearing on the application; and/or
(4) any person who submitted written comments during administrative review or has
submitted written comments concerning the application at the open record public hearing
(excluding persons who have only signed petitions or mechanically produced form
letters).
Project permit or "project permit application" means any land use or environmental permit
or license required from the city of Bremerton for a project action, including but not limited to
building permits, site development permits, land use preparation permits, subdivisions, binding
site plans, planned unit developments, conditional uses, shoreline substantial development
permits, development plan review, site specific rezones authorized by the comprehensive plan;
but excluding adoption or amendment of the comprehensive plan and development regulations,
zoning of newly annexed land, area-wide rezones, and zoning map amendments except as
otherwise specifically included in this subsection.
Public meeting means an informal meeting, hearing, workshop, or other public gathering of
persons to obtain comments from the public or other agencies on a proposed project permit prior
to the city's decision. A public meeting may include, but is not limited to, a design review
meeting, a special committee meeting, such as the short subdivision committee, or a scoping
meeting on a draft environmental impact statement. A public meeting does not include an open
record hearing. The proceedings at a public meeting may be recorded and a report or
recommendation may be included in the city's project permit application file.
SEP A means State Environmental Policy Act and includes the provisions of Chapter 43.21 C
RCW, Chapter 197-11 WAC and Chapter 20.04 BMC.
20.02.030 GENERAL PROVISIONS
(a) General Exemptions. The following permits or approvals are exempt from the
procedures set forth in this chapter.
(1) Landmark designations;
(2) Street vacations;
(3) Right-of- Way/Street use permits;
(4) Permits or approvals relating to the use of public areas or facilities;
3
Project Permits
(5) Permits or approvals involving the location or development of essential
public facilities or utilities;
(6) Project permits not listed in this chapter, which are categorically exempt
from SEP A;
(7) Legislative actions such as the adoption of or amendments to the
comprehensive plan, sub-area plans, area-wide map amendments, and development regulations.
(b) Applicable Procedures. The Director shall determine the proper procedure for
the processing of each project permit application pursuant to the provisions of this chapter.
Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and
Type IV is the highest.
(c) Standard Consistency. The City reviews proposals for consistency to applicable
development regulations and the Comprehensive Plan. This determination includes
consideration of the following:
(I) The type of land use permitted, including uses that may be permitted
under certain circumstances, provided the criteria for their approval is satisfied;
(2) The density of development allowed such as units per acre or other
measures of density;
(3) Availability and adequacy of infrastructure, which includes public
facilities and services identified in the Comprehensive Plan; and
(4) Characteristics of the development such as development design standards.
(d) Standard of Review. The land use regulations in effect on the date an
application is vested will be the standard of review.
( e) Conflict with Other Regulations. When any provisions of this chapter conflict
with provisions of other City regulations, ordinances or resolutions the more restrictive shall
apply.
(f) Severability. If any part ot provisions of this chapter or the application of these
regulations to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operations to the part, provision, or application
directly involved in the controversy in which the judgment shall be rendered and it shall not
affect or impair the validity of the remainder of these regulations or the application ofthem to
other persons or circumstances.
(g) General Notice Requirements. The available records of the Kitsap County
Assessor's office shall be used to determine the property taxpayer of record. All notices shall be
deemed to have been provided or received on the date the notice is deposited in the mail or
personally delivered, whichever occurs first. Failure to provide the public notice as described in
this chapter shall not be grounds for invalidation of a decision on a permit.
(h) Optional Public Notice. In addition to required public notice, the City may
provide notice to other individuals or organizations interested or possibly affected by the
proposal. Failure to provide optional public notice shall not be grounds for invalidation of a
decision on a permit.
20.02.040 PROJECT PERMIT PROCESSING PROCEDURES
Project permit applications are categorized as Type I, Type II, Type III or Type IV
Project Permits. Permit processing procedures may include Determination of Completeness,
Notice of Application, Notice of Public Hearing and Notice of Decision. Applicable procedures
for the processing of permits are pursuant to the following provisions.
4
Project Permits
(a) Type I Project Permits. These are administrative decisions by the Director who
may approve, conditionally approve or deny the application. They include permits categorically
exempt from SEP A review or have had SEP A review completed in connection with another
application or permit. Type I Project Permit processing procedures are set forth in Table 040.
(b) Type II Project Permit. These are administrative decisions by the Director with
limited public notice. The Director has the authority to approve, conditionally approve or deny
the application. Type II Project Permit processing procedures are set forth in Table 040.
(c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing
Examiner may approve, conditionally approve, or deny the application. Type III Project Permit
processing procedures are set forth in Table 040.
(d) Type IV Project Permit. These are decisions by the City Council after a closed-
record hearing. The City Council may approve, conditionally approve, modify and approve or
deny the application. Type IV Project Permit processing procedures are set forth in Table 040.
20.02.050 SUBMISSION REQUIREMENTS
(a) Pre-conference meeting. Type II, III and IV Project Permits require a pre-
conference meeting before an application is submitted. Anyone choosing the consolidated
permit process set forth in Section 20.02.070 also requires a pre-conference meeting.
(b) Application Contents. An application submitted to the department shall be on
forms, number of forms, and in a manner determined by the Director. Unless specified
otherwise, an application shall at least include the following.
(1) A completed application form;
(2) A legal description of the property and associated tax account number;
(3) A vicinity map showing the location of the property including surrounding
major streets, shorelines and other reference points;
(4) A site plan when physical changes will result from approval of the
application;
(5) When required, mailing labels containing the names and addresses of all
owners of record of parcels within the notification radius;
(6) The names, addresses, and phone numbers of the applicant and all owners
of the property, along with a signed letter or other verification of the owner(s) consent to the
application;
(7) When required, SEP A Checklist and/ or other environmental
documentation;
(8) Additional information required by the Director to support a decision on
the application(s);
(9) The application fee(s) for the permit(s) requested as set forth in Chapter
3.01 BMC or by other applicable rule or regulation.
20.02.060 VESTING
A project permit application shall vest in the land use regulations in effect on the land at
the time of submission of a completed project permit application as defined herein and all
application fees are paid.
5
Project Permits
20.02.070 OPTIONAL CONSOLIDATED PERMITTING PROCESS
(a) An application, which involves two (2) or more permits or procedures, may have
the processes consolidated under the highest project permit classification and procedures. The
applicant shall request if they want their permit processes consolidated or if they want each
permit processed individually.
(b) If a project involving two (2) or more permits has the permits processed
individually, the highest project permit classification and procedures shall be finalized before
subsequent permits can be issued. The Director may waive this requirement for permits not
dependent on the higher classification of permit for their justification or implementation.
(c) A single open-record hearing and no more than one closed-record appeal shall be
provided on a consolidated review process. The consolidated process may combine an open-
record hearing on one or more permits with an open record appeal hearing on the other permits.
20.02.080 PRE-APPLICATION CONFERENCE
(a) Purpose. The purpose of the pre-application conference is to acquaint the
applicant with the review procedures and applicable Bremerton Municipal Codes to the proposal.
Only one (1) meeting is required for all project permit applications related to the same project
action.
(b) Waiver. The Director may waive the requirement for a pre-application
conference when a proposal is determined not to be of a size and complexity to require a detailed
analysis.
(c) Submission. Pre-application conferences may be held at any time before an
application is submitted. A completed form and related information in sufficient number of
copies as determined by the Director are required. The information does not need to meet the
submission requirement set forth in BMC Section 20.02.050(b).
(d) Timeline. The City shall hold the pre-application conference within thirty (30)
days of the receipt of a completed request, unless the applicant agrees to an extension of this time
in writing.
(e) Non-binding. The pre-application conference is not intended to be an exhaustive
review of all potential issues and the discussions shall not be binding or prohibit the enforcement
of applicable laws. Failure to provide all pertinent information may prevent the city from
identifying all of the issues or providing the most effective pre-application conference.
(f) Lapse of Time. If a time lapse of more than one (1) year occurs between a pre-
application conference and the submission for permits, or if Director determines the scope of the
project has changed significantly from the pre-application conference, a new conference may be
required.
20.02.090 DETERMINATION OF COMPLETENESS
When review procedures require a determination of completeness, the following shall
apply.
(a) Determination. Within twenty-eight (28) days of accepting the application, the
department shall provide a written determination to the applicant, stating that:
(1) the application is complete; or
(2) the application is incomplete and what is necessary to make the
application complete.
6
Project Permits
To the extent known, the City shall identify other agencies oflocal, state or federal
governments that may have jurisdiction over some aspect of the application.
(b) Failure to Notify. Failure to provide a written determination within the required
time shall automatically deem the application complete.
(c) Processing. A complete application meets the submission requirements set forth
in Section 20.02.050(b) and is sufficient for continued processing. The determination of
completeness shall not preclude the City from requesting additional information or studies either
at the time of the notice or subsequently if new information is required or substantial changes in
the proposed action occur.
(d) Incomplete Application. An incomplete application shall have ninety (90) days
from the date of the written determination in subsection 20.02.090(a)(2) for the necessary
information to be submitted. If the applicant either refuses in writing or does not submit the
required information within the time limits, the application shall lapse.
(e) Review of Additional Information. When additional information for an
incomplete application is received, the City shall notify the applicant within fourteen (14) days
of receipt of the additional information whether the application is complete or what additional
information is necessary.
(f) Review Timeline. Following the date an application is determined complete, the
date shall be noted and the 120-day official review period to render a decision shall begin.
20.02.100 NOTICE OF APPLICATION
When review procedures require a notice of application, the following shall apply.
(a) Timeline. The notice shall be provided within fourteen (14) days after the
Determination of Completeness is issued.
(b) Content. The notice of application shall include the following:
(1) The file number assigned;
(2) The date of application, date of the notice of completeness, and the date of
the notice of application;
(3) A description of the proposed project action and a list of permits included
with the application and if applicable a list of requested studies;
(4) Identification of known permits not included with the application;
(5) Identification of existing environmental documents that evaluate the
proposal;
(6) The location where the application and any studies can be reviewed;
(7) A statement of the public comment period and which shall not be less than
fourteen (14) or more than thirty (30) days.
(8) A statement of the rights of any person to comment on the application,
receive notice of and participate in any hearings, request a copy of the decision and any appeal
rights.
(9) Any other information determined appropriate by the city.
(c) Legal Notice. Notice shall be provided in the following manner as applicable.
(1) Mail. The notice shall be sent by first class or higher mail to the
following:
(i) the applicant;
(ii) affected city departments;
(iii) state, federal and local agencies with jurisdiction; and
7
Project Permits
(iv) any person who requests such notice in writing to the Department.
(2) Posting of the property. Notice shall be posted according to the
following:
(i) at least one location on or adjacent to the subject property and that
shall be clearly visible and legible from an adjacent street or public area;
(ii) the Director shall determine the specifications to the construction
and installation of the notice boards.
(3) Publishing Notice. A published notice in the City's official newspaper of
general circulation within the city boundaries is required. The content shall include the
following.
(i)' Project location;
(ii) Project description;
(iii) Type ofpermit(s) required;
(iv) Comment period and dates;
(v) Location where the complete application may be viewed.
(d) Integration of Notices. The City will integrate the notice of application with
SEP A review whenever possible. Notification for a notice of application should be combined
with the notification for threshold determination and the scoping for a determination of
significance whenever possible.
( e) Issuance of Decisions. Except for a threshold determination, the City may not
issue a decision or a recommendation on a permit until the expiration of the public comment
period.
(f) Public Comments. Comments shall be as specific as possible. Comments shall
be received by the last day of the comment period specified in the notice. If no comments are
received by the date specified in the notice from an affected city department or agency with
jurisdiction, which notification was sent to, then it is presumed that the department or agency has
no comments.
20.02.110 NOTICE OF HEARING
When review procedures require a Notice of Hearing, the following shall apply.
(a) Notice Integration. A notice of hearing is required for public hearings. A notice
of hearing may be integrated with the notice of application.
(b) Notice Content. A written notice of hearing shall contain the following
information.
(1) The name of the applicant or designated contact;
(2) A description of the affected property (not including any legal
description);
(3) Project summary/description of each project permit application;
(4) The application/project file number;
(5) The date, time and place ofthe hearing;
(6) A statement that all interested persons may appear and provide testimony;
(7) A statement where information may be examined or obtained and the staff
contact and phone number;
(8) A statement how written testimony or comments may be submitted;
8
Project Permits
(9) The SEP A threshold determination along with any appropriate statement
regarding any shared or divided lead agency status and phased review, and stating the end of any
final comment period;
(10) The deadline (date, time and place) for submitting a SEPA appeal;
(11) A statement regarding any administrative appeal process including SEPA
appeal.
(c) Appeal Notification. Notification for a hearing on an open-record or closed-
record appeal shall be provided in the following manner.
(1) Mail. The notice shall be sent by first class mail or higher to the
following:
(i) the applicant/appellant;
(ii) parties of record;
(iii) affected agencies;
(iv) parties requesting notice; and
(v) other persons whom the department believes may be affected by
the action.
(d) Project Permit Notification. Notification for a hearing on a project permit shall
be provided in the following manner as applicable.
(1) Mail. The notice shall be sent by first class mail or higher to the
following:
(i) the applicant;
(ii) all property owners of real property (as shown by the records ofthe
Kitsap County Assessor's office) within three hundred (300) feet ofthe subject property; and
(iii) any person providing a written request to the Department.
(iv) Where any portion of a property abutting the subject property is
owned, controlled, or under the option of purchase by the applicant, all property owners within a
three-hundred (300) foot radius of the total ownership interest shall be notified by mail as
referenced above.
(2) Preliminary Plat. when adjacent to the right-of-way of a state highway,
or within two (2) miles of the boundary of a state or municipal airport, mailed notice shall be
given to the Secretary of Transportation who has fifteen (15) days to respond.
(3) Posting of the property. The notice shall be posted in the same manner
and location(s) as the notice of application set forth in BMC Section 20.02.100(c)(2).
(4) Publishing Notice. A published legal notice in the City's official
newspaper of general circulation within the city boundaries is required. The content of the
publish notice shall include the following information.
(i) Project location;
(ii) Project description;
(iii) Type ofpermit(s) required;
(iv) Comment period and dates;
(v) Location where the complete application may be viewed.
(e) Notice Deadlines. Notice shall be given at least ten (10) days before the hearing
date except:
(1)
fifteen (15) days.
shoreline permits pursuant to WAC 173-27-110(3) shall be given at least
9
Project Permits
(2) an integrated notice of hearing and notice of application shall be given at
least fifteen (15) days.
(3) an integrated notice of hearing and notice of a SEP A threshold
determination shall be given at least fifteen (15) days.
(f) Continuation of Hearing. Continued hearings do not require additional notices
of hearing.
(g) Additional Procedures. In addition to the procedures contained in this chapter,
the Department may develop general procedures for notification, including mailing packets and
the format of the notice and an affidavit of posting/mailing form to be filled out by the party
doing notice.
20.02.120 JOINT PUBLIC HEARING
A hearing on a project permit application may be combined with any other hearing on the
action held by another local, state regional, federal, or other agency pursuant to RCW
36. 70B.11 0 as currently enacted or hereinafter amended.
20.02.130 NOTICE OF DECISION
The Director, the Hearing Examiner or the City Council issues a decision at the
conclusion of applicable project permit review. The notice of decision may be included as part of
the decision or project permit.
(a) The city shall provide a notice of decision. The notice shall include a statement of
any threshold determination made under SEP A and the procedures for appeal if a consolidated
notice was not given under BMC 20.02.110(e)(3).
(b) Notification. Notification shall be provided in the following manner as
applicable.
(1) Mail. The notice shall be sent by first class mail or higher to the
following:
(i) the applicant;
(ii) any person who, prior to the rendering of the decision, requested
notice of the decision in writing to the Department, or who submitted substantive comments on
the application; and
(iii) Kitsap County Assessor's office.
(2) Published Notice. A published notice in the City's official newspaper of
general circulation within the city boundaries is required. A shoreline permit may require more
than one published notice.
(c) Notice Contents. The notice may include a copy of the report of decision on the
project permit application; and shall include, when available, the SEP A threshold determination,
the permit decision, the conditions of approval or where they may be viewed by the public, and
the general procedures and time limits to file an appeal.
(d) Change of Valuation. The notice shall state that affected property owners may
request a change in valuation for property tax purposes notwithstanding any program of
revaluation.
(e) Timelines. The notice shall be issued within one hundred twenty (120) days after
the city notifies the applicant that the application is complete pursuant to BMC Section
20.02.090, except as follows:
10
Project Permits
(1) the Director makes written findings that a specified amount of additional
time is needed for processing the application; or
(2) a permit or approval involving the location or development of important
public facilities or utilities, or related to the use of public areas or facilities, for public purposes
may be excluded from the 120-day time limit upon a determination of the Director that special
circumstances warrant a longer process.
(f) Extension of Timelines. If the city is unable to issue its final decision on a
project permit application within the time limits provided for in this chapter, it shall provide
written notice of this fact to the parties of record. The notice shall include a statement of reasons
why the time limits were not met, and an estimated date for issuance of the notice of decision.
(g) Timeline Exclusion. The 120 day time limit shall exclude any ofthe following.
(1) Any period ~n applicant takes to provide additional information, perform
studies or provide corrected plans requested by the City.
(2) Any period where the City determines that submitted information is
insufficient or incorrect, and has requested the applicant provide the necessary information.
(3) Any period an environmental impact statement (EIS) is being prepared
including scoping, and preparing the draft and final EIS.
(4) Any period for administrative appeals and any period for reconsideration
of decisions of the Hearing Examiner made on project permit applications. The period for
consideration and decision on appeals shall not exceed:
(i) ninety (90) days for an open record appeal hearing; or
(ii) sixty (60) days for a closed record appeal.
(iii) The parties may agree to extend these periods.
(5) Any extension oftime mutually agreed upon by the applicant and the City.
(6) All excluded periods are calculated from the date the city notifies the
applicant to when the information satisfies the City's requirement.
(7) When the applicant submits the requested information, the City shall have
fourteen (14) days to determine ifit satisfactory. If the information is not satisfactory, but the
City fails to notify the applicant within the time limit, the information shall be deemed
satisfactory.
(8) The time limits established in this section do not apply if a project permit
application:
(i) requires an amendment to the comprehensive plan or a
development regulation; or
(ii) requires approval of the location of an essential public facility as
provided in RCW 36.70A.200; or
(iii) is substantially revised by the applicant, in which case the period
shall start from the date at which the revised project application is determined to be complete.
(h) Liability. The city is not liable for damages due to the city's failure to make a
final decision within the time limits established in this chapter.
20.02.140 APPEALS
(a) General.
(1) Those land use and development decisions that are subject to appeal shall
become final unless an appeal is filed within the designated time to file an appeal.
11
Project Permits
(2) The appellant shall bear the burden of proving the administrative decision
was not supported by substantial evidence.
(3) Appeal of Type lor Type II Project Permit final decision shall be to the
Hearing Examiner. Appeals shall be filed within fourteen (14) days following the issuance ofthe
notice of decision. A decision involving a SEP A Determination of Nonsignificance, which
required public comments, shall have the appeal period extended an additional seven (7) days.
(4) Administrative appeal ofa SEPA threshold determination is to the Hearing
Examiner pursuant to BMC Chapter 20.04 and Subsection 20.02.I40(a)(3).
(5) Appeal of Type III or Type IV Project permit final decisions shall be to
Kitsap County Superior Court pursuant to RCW 36.70C. Appeals shall be filed within twenty-
one (21) days following the issuance of the notice of decision.
(6) Final decision relating to the Bremerton Shoreline Master Program may be
appealed as follows:
(i) Director decisions and Type II shoreline permits may be appealed
to the Hearing Examiner pursuant to Subsection 20.02.I40(a)(3) or may be appealed directly to
the Shoreline Hearings Board pursuant to RCW 90.58.180.
(ii) Hearing Examiner decisions may be appealed to the Shoreline
Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing
pursuant to RCW 90.58.140(6).
(b) Standing to Appeal. Only parties of record with standing may initiate an appeal.
Standing constitutes the following:
(1) Type I Project Permits only the applicant has standing.
(2) For project permits not Type I, the following have standing:
(i) Applicant;
(ii) Anyone who participates in the public hearing; or
(iii) Anyone who submits written comments in response to a legal notice
within the required time limits
(c) Filing an Appeal. Administrative appeals are filed by submitting a form provided
by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal period.
Appeals may be mailed, faxed or delivered to the Department.
(d) Timing of Decisions.
(1) An open record appeal shall be decided within ninety (90) days from the
date the complete appeal was filed.
(2) Should an occasion arise that would require a closed record appeal
hearing, such an appeal shall be decided within sixty (60) days.
( e) Computation of Time. For purposes of computing the time for filing an appeal,
the day the decision is rendered shall not be included. The last day of the appeal period shall be
included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City's
ordinances as a legal holiday, then it also is excluded and the filing must be completed on the
next business day.
(f) Content of Appeal. An administrative appeal shall not be accepted unless it is
written, accompanied by the required appeal fee, and contains at least the following information:
(1) Appellant's name, address and phone number;
(2) Appellant's statement describing his or her standing, as a party of record,
to appeal;
(3) Identification of the application which is the subject of the appeal;
12
Project Permits
(4) Statement of grounds for appeal and the facts upon which the appeal is
based;
(5) Statement of the relief sought, including the specific nature and extent;
and
(6) A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
(g) Effect. The timely filing of an administrative appeal shall stay the effective date
of the decision until the appeal is either decided or withdrawn.
(h) Notice of Appeal. The Director shall provide public notice of the appeal as
provided in Section 20.02.11 O( c).
20.02.150 DEVELOPMENT AGREEMENT REVIEW PROCEDURES
(a) The City may enter into a development agreement with a person having
ownership or control of real property within its jurisdiction or outside its boundaries as part of a
proposed annexation or a service agreement. A development agreement set forth the
development standards and other provisions that shall apply to, and govern and vest the
development, use, and mitigation of the development of the real property for the duration
specified in the agreement.
(b) A Determination of Completeness, Notice of Hearing and a Notice of Decision
are required pursuant to the provisions of this chapter. The 120 day time limit for the Notice of
Decision shall not apply to a Development Agreement.
(c) When a request for a Development Agreement is consolidated with a Type III or
IV project permit, the public hearing shall be consolidated with the open-record hearing on the
permit before the Hearing Examiner. The Hearing Examiner shall make a recommendation to
the City Council on the Development Agreement and approval of the project permit shall be
conditioned on City Council approval of the Development Permit.
(d) The City Council may approve a Development Agreement by ordinance or
resolution only.
20.02.160 PLANNED ACTIONS
A Planned Action is defined in WAC 197-11-164 as one or more types of proj ect action
that has had significant environmental impacts adequately addressed in an Environmental Impact
Statement (EIS) prepared in conjunction with the comprehensive plan, sub-area plan, fully
contained community, a master planned resort, a master planned development or a phased
proj ect.
(a) A project action addressed in a Planned Action does not require an environmental
checklist or threshold determination, but may required the checklist for review to mitigate
environmental impacts through the Site Plan Review Process.
(b) To qualify, a project action shall:
(1) be subsequent or implementing projects in a comprehensive plan, sub-area
plan, fully contained community, a master planned resort, a master planned development or a
phased proj ect;
(2)
(3)
(4)
be located within the City's adopted Urban Growth Areas;
be consistent with the Comprehensive Plan;
not be an essential public facility, as defined in RCW 36.70A.200.
13
Project Permits
(c) The City Council shall designate and approve by ordinance a Planned Action.
The ordinance:
(1) shall describe the type(s) ofproject action being designated as a planned
action;
(2) shall describe how the planned action meets the criteria in BMC
20.02. 160(b), including specific references to the EIS;
(3) shall include findings that the environmental impacts have been identified
and adequately addressed in the EIS, subject to project review under WAC 197-11-172;
(4) should identify any specific mitigation measures other than applicable
development regulations that must be applied to a project for it to qualify as a planned action;
(d) The Planned Action may be limited to certain types of development, to specific
geographical areas of the City, and/or a time period identified in the EIS, plan, ordinance or
resolution.
(e) Review ofa project proposed as a Planned Action is intended to be simpler and
more focused than for other projects. Review of the project shall include:
(1) verification it meets the description and implements any applicable
conditions or mitigation measures identified in the designating ordinance or resolution;
(2) verification that the proposed significant adverse environmental impacts of
the project have been adequately addressed in the EIS.
(f) Nothing in this section limits the City from using applicable law to place
conditions on the project in order to mitigate nonsignificant impacts through normal project
review and permitting processes.
SECTION 4. For purposes of this Chapter and until full implementation ofthe
new Zoning Code by adoption of a new Official Zoning Map, a Special Use Permit (SUP) shall
be processed in the same manner as a Conditional Use Permit (CUP).
SECTION 5. 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 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.
PASSED by the City Council the
day of
,2005
DAREN NYGREN, Council President
Approved this
day of
,2005
CARY BOZEMAN, Mayor
14
Project Permits
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
R9GER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2005
,2005
R:\LEGAL\Ordinances\Community Development\Project Permitting-5.I 7.05.doc
15
Project Permits
TABLE 040 Project Permit Processing Procedures
(1) Administrative
determination/ code
interpretation
(2) Alternative Setback
Approval
(3) Boundary Line
Adjustment
(4) Building and other
Construction Permits
(5) Clearing less than 2 acres
of forest
(6) Demolition Permit
(exempt from SEP A)
(7) Final Planned Unit
Development
(8) Fill and Grading Permit
(exempt from SEP A)
(9) Home Occupation
Permit
(10) Landscaping or
Alternative Landscaping
Plan
(11) Minor Amendment
to an approved
Preliminary Plat
(12) Minor Amendment
to an approved
Preliminary PUD
(13) Minor Amendment
to other Permits not
listed
(14) Nonconforming use
Determinations
(15) Type I Permit or
Approval Revocation
(16) Recreational Vehicle
90-day Permit
(17) Sign Permit
(18) Site Plan Review
(exempt from SEPA)*
(19) Temporary
emergency wetland or
stream permits
* Applicable to Site Plan Review that is independent of and not part of a building or land use application.
** Director's decision on final PUD plan shall be sent to parties of record.
Application Type
TYPE I DIRECTOR DECISIONS
Determination of
Completeness
No
Notice of
Application
No
Notice of
Hearing
No
Notice of
Decision
No
No
No
No
No
No
No
No
No
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No**
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
No
No
No
No
No
No
No
No
No
No
TABLE 040 Project Permit Processing Procedures
(1) Administrative
Conditional Use Permit
(2) Binding Site Plan
(3) Demolition Permit
(requiring SEP A)
(4) Fill and Grading Permit
(requiring SEP A)
(5) Nonconforming
Administrative
Continuance*
(6) Type II Permit or
Approval Revocation
(7) Site Plan Review
(requiring SEP A)
(8) Shoreline Permit
Revision
(9) Shoreline Substantial
Development Permit
(10) Short Subdivision
(11) Wetland or stream
Assessment
(12) Wetland or stream
development permit
(13) Building and other
Construction Permits
(requiring SEP A)
*Notice of Application shall be mailed to property owners within 300 feet of the subject property and the
notice of decision shall be issued within 60 days.
Application Type Determination of Notice of Notice of Notice of
Completeness Application Hearin~ Decision
(1) Non-administrative Yes Yes Yes Yes
Conditional Use Permit
(2) Major PUD Amendment Yes Yes Yes Yes
(3) Major Amendment Yes Yes Yes Yes
Preliminary Subdivision
(4) Preliminary PUD Yes Yes Yes Yes
(5) Preliminary Subdivision Yes Yes Yes Yes
(6) Senior Housing Yes Yes Yes Yes
Complexes
(7) Shoreline Conditional Yes Yes Yes Yes
Use Permit
(8) Shoreline Variance Yes Yes Yes Yes
Application Type
TYPE II DIRECTOR DECISIONS
Determination of
Completeness
Yes
Notice of
Hearin~
No
Notice of
Decision
Yes
Notice of
Application
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
No
Yes
No
Yes
No
Yes
No
No
No
No
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
Yes
Yes
TYPE III HEARING EXAMINER DECISIONS
TABLE 040 Project Permit Processing Procedures
(9) Type III Permit
Approval Revocation
(10) Variance
Determination of
Completeness
No
Notice of
Application
No
Notice of
Hearing
No
Notice of
Decision
No
Application Type
Yes
Yes
Yes
Yes
TYPE IV CITY COUNCIL DECISIONS
(1) Rezone for site-specific
property*
(2) Final Subdivision** No No No No
(3) Development Agreement Yes No No No
(4) Vacation of Subdivision Yes Yes Yes Yes
*The Hearing Examiner holds the open-record hearing and provides a recommendation to the City
Council.
** A final subdivision may be decided at a public meeting and it does not require a public hearing.
Determination of
Completeness
Yes
Notice of
Application
Yes
Notice of
Hearing
Yes
Notice of
Decision
Yes
Application Type
R:\LEGAL\Ordinances\Community Development\Project Permitting-3 .24.05- Table 040.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
o s-- /;;.... C(
-'A-
DATE SUBMITTED: 5-6-05
........................................................................................
SUBJECT: Resolution adopting financial
goals and policies for the City of Bremerton
Committee Meeting Date: 5-24-05
COUNCIL MEETING Date: 6-1-05
Department: Financial Services
Presenter: Laura Lyon
Phone: 473-5722
SUMMARY: The stewardship of public funds is one of the greatest responsibilities given to the
officials and managers of the City of Bremerton. The establishment and maintenance of sound fiscal
policies is an important part of fulfilling that expectation. The City had previously adopted financial
policies and guidelines by Resolution No. 2095 on October 3, 1985- however, they are now almost 20
years old and are in need of updating and simplification. The proposed action establishes an updated
framework of financial health and stability to guide the City's financial planning and decisions.
ATTACHMENTS: Resolution and Attachment A
FISCAL IMPACTS (Include Budgeted Amount): There is no budgetary cost to implement. It is
expected that implementation of the policies will improve the overall process and results of City
financial planning and budgeting.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
--=,~ ~-=:~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
fit? ). vi
/i' '1
- ,,' ~/ , fa .7"'
/' /,;/.1/" f'
/';;t' {/ \/,7./.-;' )' //
~ C '~ '<k~' ~'L-
- ~ f ,~ iJ c"--' +"" ~ ' /
~tJV/f fkP-/Vpu:11 J< I /
RECOMMENDED MOTION:
CONSENT AGENDA D
Move to approve Resolution No. a q (.,,3 adopting financial goals and policies for the City of
Bremerton.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
RESOLUTION NO. ~
A RESOLUTION adopting financial goals and policies for
the City of Bremerton.
WHEREAS, the City Council and Mayor of Bremerton are committed to .
improving the City's financial management; and
WHEREAS, the stewardship of public funds is one of the greatest responsibilities
given to the officials and managers of the City of Bremerton. Therefore, the establishment and
maintenance of wise fiscal policies enables City officials to protect public interests and ensure
public trust; and
WHEREAS, the City Council previously adopted financial policies and guidelines
by Resolution No. 2095 on October 3, 1985 which are now in substantial need of updating and
simplification; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The provisions of Resolution No. 2095 are hereby repealed and
superseded in their entirety.
SECTION 2. The financial goals and policies in Attachment A to this Resolution
are hereby adopted.
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.
PASSED by the City Council of the City of Bremerton, Washington, on this _ day of
2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
R:\LEGAL\Resolutions\Finance\Financial Policy Resolution.doc
1
Financial Policy Resolution
Attachment A - Resolution No.
City of Bremerton
Financial Goals & Policies
The City of Bremerton is accountable to its citizens for the efficient use of public dollars.
Resources entrusted to the City should be used in a manner that provides services, public
facilities, and infrastructure necessary to meet the needs of the community - both for
today and for the future. The following financial goals and policies establish a
framework of financial health and stability that is required to meet those expectations.
The goals expressed here define what constitutes a "good outcome" for the city in regards
to financial planning and decisions. Goals indicate the objectives - while the policies
describe actual boundaries ( or measurable) that are deemed necessary to achieve those
goals.
Goals for Financial Sustainability -
· Diversified annual resources that are sufficient to provide for the regular and
ongoing operations associated with core city services - plus enough additional
margins to cover debt service requirements and normal (average) ongoing capital
expenditures.
· Debt fmancing should be used to smooth the effects of unusual or significant
amounts of capital expenditures and/or to finance facilities that are dedicated to
the benefit of limited users (for example - Local Improvement District "LID").
Policy -
· The budget and financial plans of the City shall balance recurring operating
expenses, debt service, and average ongoing capital requirements to recurring
operating revenue. Average ongoing capital requirements are defmed to include
payments necessary to the various Internal Service funds (i.e. ER&R, and
Information Technology) and average recurring capital expenditures.
· Before the City undertakes capital expenditures or accepts grant funds, the
ongoing costs and commitments should be described fully including identification
of the revenue sources expected to provide for such ongoing costs- so that proper
consideration may be given to the longer term financial sustainability of the
project or commitment.
· Where possible, grants or contributions of capital will be identified for proposed
City expenditures.
· Deficit financing and borrowing will not be used to support on-going City
services and operations. Expenses will be reduced to conform to the long-term
revenue forecast. Interfund loans are permissible to cover temporary gaps in cash
flow, but only when supported by a clear expectation and schedule for repayment
Page 1 of 4
Attachment A - Resolution No.
over a short duration of time (3 years or less) and with interest assessed based on
the current Washington State Local Government Investment Pool rate.
. Cash balances in excess of the amount required to maintain strategic reserves may
be used to fund one-time or non-recurring costs. Preference should be given to
uses that reduce ongoing expenses (for example - early retirement of debt).
. Replacement reserves based on historical value will be established for any
equipment, vehicles, and computer equipment with a value of $20,000 or more if
it is expected to be a continued need beyond the estimated initial useful life. An
amount equal to the annual depreciation expense will be included in the service
charges paid by City departments to the various Internal Service funds (i.e.
Equipment Rental & Reserve fund and Information Technology) in order to
provide for the future replacement cost of the asset acquired. Assets which have a
value less than $20,000 may be included in the replacement reserves at the
discretion of the responsible Department Director and with the approval of the
Director of Financial Services.
. Long-term borrowing will be confined to significant capital improvements (or
similar projects) which have an extended life and when it is not practicable to be
financed from current revenues. All other available and appropriate sources of
financing should be exhausted before long term borrowing is pursued.
. Bonds cannot be issued for a longer maturity schedule than a conservative
estimate of the weighted average usefu11ives ofthe assets to be fmanced. The
City will keep the average maturity of general obligation bonds at or below
twenty years.
. Where possible, the City will use special assessment revenue, or other se1f-
supporting bonds instead of general obligation bonds.
. The City Utility Systems shall strive to maintain a minimum debt service
coverage (annual gross revenues less annual operating and maintenance expenses
divided by annual debt service) of the combined Utilities (Water, Wastewater,
Stormwater) of at least 1.5x.
Goals for Financial Flexibility -
. Sufficient operating reserves (working capital) to manage monthly and daily cash
flow variability.
. Adequate liquidity to provide for limited interruptions in revenues (natural
disasters, unexpected loss of revenue source, etc).
. Contingency and reserve funds should be available for use in the event of
emergency andlor unforeseen events.
Policy -
. The City will maintain reserves required by law, ordinance, andlor bond
covenants.
Page 2 of 4
Attachment A - Resolution No.
. The City will strive to maintain ending cash and investment balances in the
General Fund of no less than 8.5% of total planned annual operating expenses.
. The City will strive to maintain ending cash and investment balances of no less
than 12% of total planned annual operating expenses for the Gold Mountain Golf
Complex, Water Utility, Wastewater Utility, and Stormwater Utility.
. The City will strive to maintain a balance of at least $500,000 in the Contingency
Reserve fund as a provision for unforeseen or catastrophic events and
emergencIes.
Goals for Stewardship of Public Funds -
. Maintain public trust and confidence by utilizing resources in the most efficient
manner possible.
. Expenditures should be necessary to either:
o meet regulatory requirements
o provide core city services
o contribute to the achievement of stated goals and policies
o or undertaken in anticipation of an emerging requirement.
Policy -
. Budget managers will provide sufficient documentation to support requested
budget appropriations and in a manner that clearly demonstrates that the
expenditure is necessary to either meet regulatory requirements, provide core city
services, or contributes to the achievement of stated goals or policies ofthe City.
. A comprehensive multi-year (minimum of six years) plan for City capital
improvements will be prepared and updated annually. The Capital Improvement
Plan will be consistent with and support the City's Comprehensive Plan. The
Comprehensive Plan service level goals should be included in the Capital
Improvement Plan.
Goals for Accountability -
. Reports demonstrating the status of financial activi!y and results should be
pre ared on a timely basis and in compliance with ...
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accounting requirements.
. Reports showing the status of financial policy compliance should be provided
periodically.
. Ensure the legal use of public assets through an effective system of internal
controls. To ensure all local, state, and federal rules are followed.
Page 3 of 4
j\.ttachment A - Resolution No.
Policy -
. An annual audit will be performed by the State Auditor's Office and include the
issuance of a financial opinion. A Comprehensive Annual Financial Report shall
be prepared in accordance with generally accepted accounting principles (GAAP)
and shall be distributed to the City Council, Mayor, Director of Financial
Services, Department Directors, City Audit Committee, and any other interested
party.
. Quarterly a budget status report will be prepared and distributed to the City
Council, Mayor, and Department Directors providing an overview of financial
activities for the City with comparison to the approved budget. Information on
the status of compliance with financial policies will be provided in this report.
. Regular monthly financial statements will be prepared on a timely basis and
posted for review on the City's internet and intranet site.
. The City will maintain a budgetary control system to ensure compliance with the
approved budget.
. The City will maintain adequate internal controls to safeguard public assets. The
Director of Financial Services will work cooperatively with the City's Internal
Auditor and the Audit Committee to identify and address material deficiencies in
internal controls.
. The City shall manage and invest its residual cash through the CityTreasurer on a
continuous basis in accordance with the City's investment policies ~.~t
~~(\R1 and within the guidelines established by the Washington State Statutes
based upon the following order of priorities: 1) safety, 2) liquidity, and 3) yield.
R:\LEGAL\Resolutions\Finance\Financial Policy Resolution Attachment A -l.doc
Page 4 of 4
DATE SUBMITTED:6-1-05
BILL# 05--( 3 6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
............................................................................................
SUBJECT: Motion to Authorize the City
Attorney to Take Action Against the
Proposed Sale ofKPS to GroupHealth
Committee Meeting Date:
COUNCIL MEETING Date: 6-1-05
Department: City Attorney's Office
Presenter: Roger A Lubovich
Phone: 473-2345
SUMMARY: An Executive Session regarding 'Potential Litigation' was held during the 6-1-05 City
Council Meeting.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to authorize the City of Bremerton, through the City Attorney's Office, to take any and
all actions necessary and appropriate, including the hiring of experts and legal counsel and
filing petitions n court proceedings, to protect the City ofBremerton's interests by opposing the
sale of KPS to GroupHealth.
CONSENT AGENDA D
COUNCIL ACTION: ~prove D Deny D Table
D Continue 0 No Action
KPS MOTION
We have been in executive session to discuss the City ofBremerton's
actions regarding the proposed sale of KPS to GroupHealth
There are several important public purposes that support the City of
Bremerton taking action to oppose the sale ofKPS to GroupHealth. These
purposes would benefit a significant part of the City ofBremerton's citizens
They include:
1. The City is a large Employer Subscriber ofKPS. Many, ifnot
most of the employees of the City use KPS for their medical
insurance needs. Preserving the relationship of the City with KPS
provides a choice for its employees and protects the costs by
maintaining competition.
2. We believe the sale ofKPS to GroupHealth will have a detrimental
effect on our local medical profession. WithoutKPS, many local
doctors may have to move their practice, leaving many of our
citizens without local choice and/or treatment options. The loss of
doctors would have an impact on thepoor who utilize KPS doctors.
3. Additionally, the local military would lilely be impacted by the
loss of specialists providing services not available at the Naval
Hospital.
4. At a time when the City of Bremerton is working very hard to
revitalize its downtown area, the potential loss ofKPS and its
downtown headquarters, could be a setback to the City's efforts.
5. KPS is one ofBremerton's largest employers with over 170
employees. Maintaining KPS and its workforce is vital to
Bremerton's revitalization efforts.
One of the actions would include filing a petition in court proceecli1gs
relating to KPS and the proposed sale to GroupHealth.
KPS MOTION
I move to authorize the City of Bremerton, through the City
Attorney's Office, to take any and all actions necessary and
appropriate, including the filing of petitions in court
proceedings and the hiring of experts and legal counsel, to
protect the City ofBremerton's interests by opposing the
sale of KPS to GroupHealth.