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HomeMy WebLinkAbout06/01/05 AGENDA m... ri - - - -- - 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 /"i p- ~ ) -. .--., V~ I~~ AGENDA BILL Clr{ OF RR.EJ:vfERTON CIT'{ COlfNCIL 5A 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'___ I '0. ~ ~ ~'III J.' l , _...... .c1...,,",,~ u-l.t 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: "e ~"'; ",' / i " 1/~ ; , ~'/~/~ .--'-;- l,d:::o; ~/ / G~--'-~ - {!t1.,1AJ-L (1;/u:!-"" /,' e' '=D~ rem" ~ 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 N MIDDLE Home Address: NUMBER STREET Occupation: S-h ide nt Employer: Work Address: iSoc NUMBER \ :{'t \:J ",-nX ~ e t STREET Work Phone: ( ) Fax: ( ) E-Mail: '8R\'O\V'f\E l3f0n(: L (cJ~ Education: p)'jQ (~Iv\ e 6t K;:(\ \h q \"l Sc YlC: () \ - l (') tt) ()\Q Ci.cle Home Phone: (?bO) Cf~;?12 \..,0 ~B P-eNtE-Q.t-O() STATE CITY ZIP \;J~ STATE 9933'7 'BRFI\i\QP-\vr\ CITY ZIP 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: (( /' /-r s ,.... ... -C.,./ . //' 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 ... g:;;g~t~ml'1t{~I~JT_1i~t:;, 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.