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HomeMy WebLinkAbout01/02/02 AGENDA CITY COUNCIL MEETING AGENDA JANUARY 2, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. OFFICER ELECTIONS 4. CONSENT AGENDA A. Minutes of Meeting - December 12, 2001 (#AB02-001) B. Minutes of Meeting - December 19, 2001 (#AB02-002) C. Minutes of Meeting - December 26, 2001 (#AB02-003) 5. CLAIMS/CHECK REGISTERS 6. COUNCIL MEMBER REPORTS 7. COUNCIL COMMI'I-rEE REPORTS 8. MAYOR'S REPORT 9. LEGISLATIVE REPORT 10. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 11. NEW BUSINESS A. Confirmation of Roger A. Lubovich as City Attorney (#AB02-004) 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: FOR AGENDA OF: JANUARY 2, 2002 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- DECEHBER 12, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: DECEMBER 28, 2001 -). CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] INFORMATION ri APPROVED BY COUNCI%~PM/ESIDENT FOR SUBMI-FFAL: VIAYOR COUNCIL PRESIDENT ~;;~~,___~_~"~' SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ri TABLED ~ APPROVED ~ DISAPPROVED ~ AMENDED ~ DATE: __~ A COUNCIL DIRECTIVE: 02-001 11. AGENDA BILL NO.: (OVER) CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED): IMPACT OF NON-PASSAGE: . IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: RESEARCH SOURCES: TAPES #1809 & #1810 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES December 12, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, December 5, 2001, at 5:40 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Aisc present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Talmage Wilson of the Charleston Baptist Church. Congratulations were offered to Pastor Wilson and his wife Dr. Doris Wilson in recognition of their 50th Wedding Anniversary this week. President Law made the following announcements: (1) City Council held a 30-minute Executive Session from 4:45 to 5:15 to discuss "REAL ESTATE ACQUISITION" & "POTENTIAL LITIGATION"; followed by a 25-minute Executive Session from 5:15 to 5:40 P.M. to "REVIEW LABOR NEGOTIATIONS" in the Council Conference Room; (2) It was noted that Council was provided encouraging information regarding the proposed Convention Center in Bremerton, which the Council continues to support; and (3) There will be a Study Session tonight immediately following the Council Meeting in the Council Conference Room to discuss the "2002 LEGISLATIVE AGENDA"; followed by a 30-Minute Executive Session to "REVIEW LABOR NEGOTIATIONS". CONSENT AGENDA - There are no Consent Agenda ~terns this week CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0102 M/S/C/U (Reed/Maupin) On December 12, 2001, the Council does approve for payment those vouchers included and further described as follows: Check numbers 258478 through 258482 and 258535 through 258677 in the amount of $379,014.72; and Regular Payroll in the amount of $953,601.20 for the period ending November 30, 2001. COUNCIL MEMBER REPORTS Will Maupin reported on his participation in the Bremerton Winter Fest 2001 event, including his service as judge for the holiday window display contest for downtown merchants. The same evening, he attended the First Friday Art Walk, as well as the reception to honor the Mayor for her past support of the Art Community. He also reported on his attendance at a Puget Sound Regional Council workshop this afternoon, which he found very interesting and informative. Carol Arends agreed with the previous comments regarding the First Friday Art Walk event; and also reported on her attendance at the Bremerton Symphony on Saturday; and a Bremerton Chamber of Commerce luncheon yesterday where Mayor Horton and Council members John Law and Wayne Olsen were honored for their service to the City. Mike She_oherd discussed the showing of Pearl Harbor at Charleston Cinema over the weekend, including the slide show presentation and a Pearl Harbor survivor as special guest for the event. He also announced the next District 5 meeting scheduled Thursday, December 20, 2001,6:00 P.M. TAPES #1809 & #1810 City Council Reg. Mtg. Minutes December 12, 2001 Page 2 of 5 Ed Rollman reminded citizens to replace the batteries in their smoke detectors; and announced if citizens would like to report an abandoned vehicle, they can call the Council office to be directed to the appropriate department. Wayne Olsen also enjoyed the First Friday Art Walk and Winter Fest event last week; and also thanked the Bremerton Area Chamber of Commerce for honoring his service at their luncheon. John Law wished his daughter a happy birthday! He was then pleased to announce that the employees of Puget Sound Naval Shipyard donated a total of SI-million dollars, and thanked them for their contributions. COUNCIL COMMITTEE REPORTS Carol Arends discussed her attendance at the Kitsap County Transportation Policy Board meeting; and noted that the Puget Sound Regional Coordinating Council meeting was cancelled for this month. MAYOR'S REPORT - There was no report this evening._ LEGISLATIVE REPORT Provided a response to Paul Drnjevic who attended a previous Council meeting on December 5 to ask questions about the "installation of fluoride equipment against the direction of Council". Gene Sampley, Director of Public Works & Utilities provided a statement, which indicated that "nothing was done against Council direction, and there is no fluoridation equipment at the Corrosion Control Facility or anywhere else. In addition, the Fluoride Analyzer was taken out and surplused as promised". PUBLIC RECOGNITION James Platt voiced his concern over a telecommunications tower proposed near his home at 6th & Olympic. Jon Shrader also voiced his concern over the proposed tower, and provided a list of questions regarding the tower that he would like addressed. Mike Shepherd asked if the testimony provided to Council tonight met the deadline requirements for requested comments from those opposing the location of the tower. Loren Combs, Interim City Attorney, replied that this was not the correct forum to provide comments to meet the deadline requirement of the Planning Commission. It was established that the Council could not take action on this issue because it is not properly before them yet. It was further explained that a request for a telecommunications tower was subject to the Special Use permit process, which includes a Public Hearing, so he strongly encouraged all citizens interested in this issue to attend that Public Hearing to have their testimony included in the record. Charles Critler also voiced concern over the proposed cell tower, but also expressed concern that a City truck which went through his neighborhood to vacuum out the sewers, drove over the grass area in the right-of-way, and ran over a new sprinkler system he recently installed. Cry_ stal Groat asked the Council to weigh the risk of locating the tower near an elementary school as well as consider the visual impact the tower would have on the neighborhood. Tom Cantwell also voiced his concerns aesthetics and potential health problems regarding the proposed location of the tower which is exceptionally close to his home. 10A- PUBLIC HEARING AND RESOLUTION NO. 2845, ADOPTING KITSAP REGIONAl COORDINATING COUNCIL (KRCC) INTERLOCAL AGREEMENT (#AB01-273): Mary McClure, Executive Director of Kitsap Regional Coordinating Council, summarized that this Interlocal TAPES #1809 & #1810 City Council Reg. Mtg. Minutes December 12, 2001 Page 3 of 5 Agreement between Kitsap County and the Cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo provides a framework for logical and orderly annexations that are consistent with the Growth Management Act; recognizes that retail development near jurisdictional boundaries has an impact on neighboring jurisdictions; and provides for the mitigation of these impacts. There were no comments from the public. #1117' M/S/C/U (Reed/Olsen) Move to approve the attached Interlocal Agreement between Kitsap County and the Cities of Bainbridge Island, Port Orchard, and Poulsbo concerning Revenue Sharing upon Annexation and in conjunction with major Land Use Decisions within a City's Urban Growth Area; and authorize the Mayor to sign. 10B - PUBLIC HEARING AND RESOLUTION NO. 2846, AUTHORIZING THE MAYOR TO EXECUTE FIRST ADDENDUM TO OPERATING AGREEMENT OF THE ADMIRAL THEATER FOUNDATION (#AB01-274): Mayor Lynn Horton pointed out that in 1990 the voters of Bremerton overwhelmingly supported a fifty (50) year contract with the Admiral Theater Foundation in order to operate and manage the Admiral Theater. The City of Bremerton contracted with the Admiral Theater Foundation to renovate and operate the Admiral Theater to promote the arts, community events, and overall economic revitalization of downtown Bremerton. In order to help with operational expenditures the City agreed to fund the Theater with half of its Hotel/Motel Tax funds. This agreement extends the contribution for the life of the voter approved operating agreement. City Treasurer Rich Hanna pointed out that the resolution will formalize the agreement between the City of Bremerton and the Admiral Theater. Troy Summerill, Howard Johnson, was concerned that a majority of the Lodging Tax Fund would be dispersed to this one entity, and respectfully requested that this item be tabled for further study and discussion. Pat Wright believed the Council was being "short sighted" in taking this action, and removing the flexibility of future Councils in responding to a changing economy. He did not oppose the Admiral Theater receiving funds, but was concerned that this agreement provided the funds in perpetuity. Louis Mitchell representing the Bremerton Area Chamber of Commerce, reminded the Council that in the past, they had promised a "large portion" of the Lodging Tax Fund to the proposed Convention Center, and was concerned that the promise would not be possible if such a large portion of the fund was promised to the Admiral Theater. P.J. Lund representing the Admiral Theater, emphasized the incredible amount of time volunteered to maintain the theater and office. Debra Barnes expressed her support for the Admiral Theater, however, voiced her concern at the amount of money they were guaranteed to receive yearly per this agreement. Nina Hallett suggested that a "set percentage" of the Lodging Fund Tax be allocated to the Admiral Theater, rather than a "set amount". Scott Buckingham agreed that this action before Council was "short sighted", and did not agree with the Admiral Theater receiving a guaranteed amount. Mayor Horton announced that the Feasibility Study and Market Analysis for the Conference Center were recently received, which showed that the Admiral Theater will fit into the downtown redevelopment plan which would include hotel, conference, and parking elements. Eventually, revenues from the new hotel would generate funds needed to maintain the theater. Finally, the TAPES #1809 & #1810 City Council Reg. Mtg. Minutes December 12, 2001 Page 4 of 5 current lodging tax fund would not be impacted by this agreement. Eric Younger started out by offering his support for the Admiral Theater, but had serious concerns over the long-term obligation of funding for the theater. Mike Shepherd felt it was the Council's job to make long-term decisions; and elaborated on the origination of the 2% allocation of Lodging Tax funds to the Admiral Theater. Will Maupin clarified that the Admiral Theater belongs to the City, and reminded the citizens that they approved a 50-year contract with the Theater; that the allocation would be 2% of the Lodging Tax Fund, with a cap at $100,000, and that the funding agreement comes with criteria for regular reviews every five years. Carol Arends stated the City has a responsibility over and above other programs because the City owns the Admiral Theater, and therefore had a responsibility to manage and upkeep the building. Mr. Rollman agreed that a 38-year agreement was cause for concern, so asked the attorney if the language provided adequate safeguards to protect the City. Loren Combs read portions of the agreement to show quite clearly that there are a number of provisions to adequately protect the City. Wayne Olsen reminded the hotel owners that the Lodging Tax was originally 2%, and was later increased an additional 2% specifically for the Admiral Theater, and felt it was unfortunate that "rumors" and "innuendoes" had been spread regarding this subject. He supported this action to support the theater, and encouraged the citizens to support the theater also. Jim Reed provided comments to assure the public that this agreement will be continuously reviewed, but did suggest that the review could take place every three years rather than every five years. TAPE #1810 John Law concurred with the previous comments made by Mr. Younger, and also believed that the Admiral should apply and compete for funds each year along with the other applicants competing for Lodging Tax funds. #0490 M/S/C (Shepherd/Arends) Move to pass Resolution No. 2846, authorizing the Mayor to execute the First Addendum to Operating Agreement of the Admiral Theater Foundation as amended. Voted in favor of the Motion: Shepherd, Arends, Maupin, Reed, Olsen, and Rollman Voted opposed to the Motion: Younger and Law Motion carried: 6-Yes; 2-No Mike Shepherd stepped out of the meeting at approximately 8:00 P.M., and was not available for the following two votes... 11A - PUBLIC HEARING AND ORDINANCE (FIRST READING), AMENDING THE FISCAL YEAR 2001 BUDGET (#AB01-275): City Treasurer Rich Hanna, stated that this amending ordinance will incorporate all of the adjustments to the budget which have been considered during the year. Additionally, several adjustments presented for Council approval which the Treasurer's office has identified as necessary to assure that the budget properly reflects all of the changes which have been encountered during the year. Each item was identified and reviewed. There were no comments from the public. Mr. Law asked where the additional money for the jail would come from. Mr. Hanna stated virtually no money was received from the prisoners, so unfortunately, the costs would be funded primarily by the taxpayers. TAPES #1809 & #1810 City Council Reg. Mtg. Minutes December 12, 2001 Page 5 of 5 #0754 M/S/C/U (Arends/Olsen) Move to approve the ordinance on first reading, amending the fiscal year 2001 Budget. 11B - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING THE FISCAL YEAR 2002 BUDGET (#AB0'1-276): City Treasurer Rich Hanna, said that this amending ordinance will incorporate all of the changes to the budget which have been identified since the beginning of the biennium. These changes have been presented to Council and reviewed in study session. Two public hearings have been held to solicit input. This ordinance will adopt all of the presented mid- biennium changes to the budget and will adopt the "Mid-Biennium Budget Review" document by reference. The Council recommendations for dispersing 2001 Lodging Tax funds were as follows: Admiral Theater - $90,000; Peninsula Visitor & Convention Bureau - $15,000; Bremerton Area Chamber of Commerce - $30,000; Bremerton Main Street Association - $25,000; Historical Society - $7,000; and Historic Ships Association - $13,000. Mary Anne Mascianica, Sylvia Klatman, and Louis Mitchell thanked the Council for the funds dispersed to the Bremerton Area Chamber of Commerce. Carolyn McClurkan, Historical Society, thanked the Council for approving the amount they requested from the Lodging Tax fund. Carol Atkinson thanked the Council for their continued support for the Main Street Association. #1245 M/S/C/U (Younger/Reed) Move to approve the ordinance on first reading, amending the Fiscal Year 2002 Budget. At the conclusion of regular Council business, City Council reconvened in the Council Conference Room for a Study Session to discuss the "2002 LEGISLATIVE AGENDA"; followed by a 30-minute Executive Session to "REVIEW LABOR NEGOTIATIONS". The Council meeting was then adjourned at 9:15 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: JANUARY 2, 2002 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- DECEHBER 19, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: DECEMBER 28, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT fi INFORMATION I'] APPROVED BY COUNCIL PJg,~SIDENT FOR SUBMITTAL: ~AYOR COUNCIL PRESIDENT .~.'~':~'~"'¢* ~"~'"~.._~..~/ SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: · RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION OUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 02-002 (OVER) CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED) IMPACT OF NON-PASSAGF: IMPACT ON STAFFING BUDGETS FACILITIES EQUIPMENT OR OTHER RESOURCES: RESEARCH soURCEs: TAPE #1811 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES December 19, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, December 19, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne OIsen. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Dean Reeder of the WestPark Christian Church. President Law made the following announcements: (1) City Council held a 25-Minute Executive Session from 4:45 to 5:10 P.M. to "REVIEW LABOR NEGOTIATIONS" in the Council Conference Room. CONSENT AGENDA A. Minutes of Meeting - November 20, 2001 (#AB01-277) B. Minutes of Meeting - November 28, 2001 (#AB01-278) C. Minutes of Meeting - December 5, 2001 (#AB01-279) D. Greens Fees Rate Increase for Gold Mountain Golf Complex (#AB01-280) E. Addendum to Professional Services Agreement for Labor Negotiations (#AB01-281) #0035 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0055 M/S/C/U (Rollman/Olsen) On December 19, 2001, the Council does approve for payment those vouchers included and further described as follows: Check numbers 258695 through 258930 in the amount of $1,015,620.43; and Regular Payroll for the pay period ending December 15, 2001 in the amount of $763,846.13. COUNCIL MEMBER REPORTS Wayne Olsen was pleased to attend the ribbon-cutting ceremony for the new Clubhouse at the Gold Mountain Golf Complex, and stated the citizens should be very proud of such a fine facility. Ed Rollman thanked all the Board Members of the Public Facilities District (PFD) who voted in favor of awarding the City of Bremerton $6.9 million dollars to assist in building a Hotel & Conference Center in Downtown Bremerton. He also discussed the new contract with Rabanco, who will now provide solid waste disposal and recycling services to the City. Any questions about the new contract can be answered directly by Rabanco at 674-7151. Mike Shepherd announced the next District 5 meeting would be held Thursday, December 20, 2001 beginning at 6:00 P.M.; and was pleased at the award of funds from the PFD. Carol Arends commented on the new Clubhouse and encouraged others to visit the golf course. Will Maupin reported on his attendance at both the Ribbon Cutting Ceremony for the new Gold /0 TAPE #1811 City Council Reg. Mtg. Minutes December 19, 2001 Page 2 of 5 Mountain Golf Complex Clubhouse; and the PFD meetings. COUNCIL COMMITTEE REPORTS Carol Arends reported on her attendance the last few evenings at the PFD meetings. MAYOR'S REPORT Mayor Horton also discussed the Ribbon Cutting Ceremony, and thanked all those involved for their efforts in building a "first class" clubhouse to match the City's "first class" Golf Complex; and concluded by continuing discussion on the award of funds from PFD Board Members. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Bodie Vail was concerned about the ability of released felons to obtain dangerous animals such as pit bulls, and suggested a City ordinance be implemented to address this issue. 10A - PROFESSIONAL SERVICES AGREEMENT WITH YWCA ALIVE PROGRAM (#AB01-282): Tim Sholtis of the Police Department, stated that the City of Bremerton has a Professional Services Agreement with the YWCA. The contract was updated and needs to be renewed. The State Office of Community Development provides $29,536.00 of Criminal Justice Funding to Bremerton. $10,096.00 is allocated for domestic violence programs. The remainder of the funding is for law enforcement and At-Risk-Youth Programs. The YWCA Alive Program is the recipient of the $10,096.00. The Professional Services Agreement identifies program administration requirements for the funding. There were no comments from the public. Mr. Rollman provided comments in support of this agreement. #0795 M/S/C/U (Shepherd/Reed) Move to approve the service agreement with the YWCA for funding to support domestic violence programs in Bremerton and authorize the Mayor to execute the same. Mike Shepherd left the meeting at approximately 6:05 P.M. and was not available for the following votes: 10B -2002 AMBULANCE RATES FOR 911 BASIC LIFE SUPPORT CALLS (#AB01-283): Klm Doyle of Bremerton Ambulance Company was here to report that pursuant to ambulance regulatory ordinance, ambulance rates charged for 911 BLS calls must be approved by City Council. Both local companies, Olympic and Bremerton Ambulance, have submitted requests for rate increases for 911 BLS calls to be effective January 1, 2002. Clerk staff has surveyed regional ambulance companies for comparable rates. All surveyed companies have raised their rates since 2001 for BLS, and the array of products and services the companies provide. Ms. Doyle clarified that the increase in rates would counter unfunded mandates, increased operational charges, and changes in Medicare rates for EMS providers. There were no comments from the public #1065 M/S/C/U (Arends/Reed) Move to approve a 5% rate increase for 911 BLS rates charged by Olympic and Bremerton Ambulance Companies. TAPE #1811 City Council Reg. Mtg. Minutes December 19, 2001 Page 3 of 5 106 - PROFESSIONAL SERVICES AGREEMENT FOR McGAVICK GRAVES LEGAL SERVICES (#AB01-284): Mayor Lynn Horton emphasized that this agreement allows the City to contract with MCGAVICK GRAVES for legal services outside the scope of the retainer by Letter of Engagement, which establishes the scope of services and cost. The firm will bill on an hourly basis with the total compensation for all cases capped at $50,000. She clarified that this agreement would address ongoing legal issues. There were no comments from the public. #1155 M/S/C/U (Reed/Rollman) Move to approve Professional Services Agreement with McGavick Graves for miscellaneous legal services not to exceed $50,000 as assigned by the Mayor and Council. 10D - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR McGAVICK GRAVES LEGAL SERVICES (#AB01-285): Mayor Lynn Horton added that this amendment extends the city attorney retainer services contract through March 31, 2002. There were no comments from the public. #1253 M/S/C/U (Arends/Olsen) Move to approve the amendment to Professional Services Agreement with McGavick Graves for city attorney services under retainer. 10E - COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND TEAMSTERS LOCAL #589 (#AB01-286): Carol Conley, Human Resources Manager, summarized that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current agreement that expired on December 31, 2000. The new CBA is for a three (3) year term, beginning January 1,2001 through December 31, 2003. The CBA has been ratified by the Teamsters' membership on December 17, 2001. Council approval is required to implement this agreement. There were no comments from the public Mr. Olsen thanked the parties involved in crafting this agreement. #1355 M/S/C/U (Reed/McConnell) Move to approve the Collective Bargaining Agreement by and between the City and Teamsters Local #589, January 1, 2001 through December 2003, and make the necessary amendments to the budget. 11A- PUBLIC HEARING AND ORDINANCE NO. 4785 (SECOND READING), AMENDING THF FISCAL YEAR 2001 BUDGET (#AB01-275): The first reading of this ordinance was heard on December 12, 2001. There were no comments from the public. #1405 M/S/C/U (Arends/Younger) Move to pass Ordinance No. 4785 amending the fiscal year 2001 Budget on second reading. Voted in favor of Motion: Reed, Olsen, Rollman, Younger, Arends, Maupin, and Law TAPE #1811 City Council Reg. Mtg. Minutes December 19, 2001 Page 4 of 5 Abstained: McConnell Motion carried: 7-Yes; l-Abstention 11B - PUBLIC HEARING AND ORDINANCE NO. 4786 (SECOND READING) AMENDING THF FISCAL YEAR 2002 BUDGET (#AB0'1-276): The first reading of this ordinance was heard on December 12, 2001. There were no comments from the public. Mr. Olsen asked for clarification on where Council staff falls in the classification study and salary plans as outlined in the documents provided to Council Members. Mayor Horton clarified that the salary classification was separated into two categories; one category being filled by management positions and the second category being filled by professional, confidential, and fuduciary positions. Also, current employees will not experience any changes in benefits. #1574 M/S/C/U (Arends/Olsen) Move to pass Ordinance No. 4786 on second reading, amending the Fiscal Year 2002 Budget. Voted in favor of Motion: ©lsen, Rollman, Younger, Arends, Maupin, Reed, and Law Abstained: McConnell Motion carried: 7-Yes; l-Abstention 11C - PUBLIC HEARING AND ORDINANCE (FIRST READING) REGARDING THE DESIGNATION OF A COMMUNITY EMPOWERMENT ZONE ADMINISTRATOR (#AB01-287): Mayor Lynn Horton stated that the City of Bremerton was designated a Community Empowerment Zone in 1994. State law requires the designation of a Community Empowerment Zone Administrator. There were no comments from the public. #1687 M/S/C/U (Reed/Rollman) Move to approve the ordinance designating the Director of Community Development or his designee as the Community Empowerment Zone Administrator on first reading. 11D - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING THE OFFICIAl ZONING MAP FROM BUSINESS PARK {BP) TO MIXED USE (MX) FOR PROPERTIES BORDERING EVERGREEN PARK AND BOUNDED BY 14TM STREET, PARK AVENUE HIGHLAND AVENUE. AND 12TM STREET (#AB01-288): Chris Hugo, Director of Building and Planning, pointed out that the City of Bremerton Rezone Application PL01-0051 proposes to amend the Official Zoning Map of the City of Bremerton for those parcels currently zoned Business Park (BP) in the Evergreen Park area. The change to a Mixed Use (MX) zone reflects the current Comprehensive Plan Map, Mixed Use (MU) designation for this same area. It is in the public interest to approve this rezone request, as it would bring the Zoning designation into consistency with the Comprehensive Plan designation, as required by the State Growth Management Act. The Planning Commission has reviewed this proposal, conducted a public hearing, and adopted Findings and Conclusions at their November 26, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed ordinance. There were no comments from the public. TAPE #1811 City Council Reg. Mtg. Minutes December 19, 2001 Page 5 of 5 Mr. Maupin expressed his comments in support of this amendment. #2160 M/S/C/U (Maupin/Reed) Move to approve of the attached ordinance on first reading. 12A - RESOLUTION NO. 2847, ADOPTING KITSAP REGIONAL COORDINATING COUNCIl (KRCC) 2002 LEGISLATIVE AGENDA (#AB01-289): Council President John Law announced that the resolution endorses the Kitsap 2002 Countywide Legislative Agenda developed by the Kitsap Regional Coordinating Council. There were no comments from the public. #2265 M/S/C/U (Reed/Rollman) Move to pass Resolution No. 2847. With no further business, the Council meeting was adjourned at 6:45 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: FOR AGENDA OF: JANUARY 2; 2002 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- DECEHBER 26, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: :. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: -'.NDORSEMENT {'i INFORMATION B APPROVED BY COUNCIL PP~SIDENT FOR SUBMIq-I'AL: 4AYOR COUNCIL PRESIDENT SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION 'ULLED I'] TABLED FI APPROVED [] DISAPPROVED ['l AMENDED [] DATE: V ;OUNCIL DIRECTIVE: 11. AGENDA BILL NO.: o2-oo_~ (OVER) CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED): IMPACT OF NON-PASSAGE: IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: RESEARCH SOURCES: . TAPE #1812 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES December 26, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, December 26, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Mike Shepherd, Cecil McConnell, and Wayne Olsen. Council Members Ed Rollman and Eric Younger were absent. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Paul Meeker of Our Saviour's Lutheran Church. President Law made the following announcements: (1) The 15-Minute Executive Session scheduled from 4:45 to 5:10 P.M. to discuss "LITIGATION" was cancelled; and (2) Items 1 lA and 1 lB have been pulled from the meeting agenda. CONSENT AGENDA A. Contract Extension with Systems Design for Ambulance Billing Services (#AB01-290) B. SR304 Maintenance Agreement between the City of Bremerton and the State of Washington (#AB01-291 ) C. Contract with the Bremerton Housing Authority for Supplemental Police Services with the City of Bremerton Police Department (#AB01-292) #0040 M/S/C/U (McConnell/Olsen) Move to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0075 M/S/C/U (Reed/McConnell) On December 26, 2001, the Council does approve for payment those vouchers included and further described as follows: Check numbers 258942 and 258997 through 259118 in the amount of $1,319, 493.92; and Retiree Payroll in the amount of $124,824.81 for the period ending December 31, 2001. COUNCIL MEMBER REPORTS Wayne Olsen thanked all of the Council Members for their time and pointed out that despite differences the Council has prevailed. He added that the golf course, new clubhouse, and upcoming conference center and hotel will be jewels in the crown for the city. He looked forward to Mayor Elect Bozeman and future endeavors. Also, he wished good luck to Glenn Jarstad, who will be serving District 1 after he leaves office. Cecil McConnell commented on a recent Bremerton Sun article regarding Fred Shoneman and carillon bells he has willingly maintained over the years. He also thanked outgoing Council Members and Mayor for their efforts and willingness to support the city. Mike Shepherd reported on the district meeting held last week and thanked Council Members as well as Mayor Horton for their many years of teaching and learning. Carol Arends thanked Council Members and Mayor Horton for their efforts and their time committed TAPE #1812 City Council Reg. Mtg. Minutes December 26, 2001 Page 2 of 4 to service. Will Maupin thanked Council Members and Mayor Horton for helping him get adjusted to public service. He also pointed out that without failures there can be no successes, and now successes are adding up for the city. Jim Reed thanked the citizens for electing him to the office and considered it an honor to be able to serve the people of Bremerton. John Law presented plaques of appreciation and recognition of their accomplishments to Wayne Olsen and Jim Reed. Mike Shepherd presented a plaque of appreciation and recognition, and presidential gavel to John Law. Lastly, he asked the public to contribute a flag to be displayed in the Council Chambers. MAYOR'S REPORT Mayor Hod;on emphasized that no amount of preparation will prepare someone for public service. She added that serving as Mayor has been an experience of a lifetime and that the most important lesson she learned was that one can not please everyone but doing the best job possible can be made by being informed and making the best decision possible. She valued those individuals she has worked with and the people of the community. LEGISLATIVE REPORT On behalf of Lori Smith, Legislative Assistant and Christine Grenier Ellingson, Council Assistant, staff will miss Mr. Law, Mr. Olsen, and Mr. Reed. PUBLIC RECOGNITION Mayor Elect Cary Bozeman thanked the outgoing Council Members for their commitment to the City and pointed out that people should appreciate that commitment; and thanked Mayor Horton for passing a baton of leadership that is in excellent condition. Matthew Keogh of the Planning Department, announced that the Comprehensive Plan will be updated in the coming year; and expressed his department's excitement at moving towards those changes; and added that comments regarding the Comprehensive Plan can be made via email at the following address: compplan@ci.bremerton.wa.us. Items 1 lA and 1 lB have been pulled from the agenda. WITH SCOTT ALEY~.NDER ~.ND D.'"'.RYL .".".~.THHEY (#~.B0!-293) Al n"VAIdI~n"D Aklr~ I~ADVI 1~4ATUIdlZV 11C - INTER-LOCAL AGREEMENT FOR COOPERATIVE WATER SYSTEM FOR DEVELOPMENT IN THE PORT ORCHARD 580/BREMERTON 580 ZONE (#AB01-295): Gene Sampley, Director of Public Works and Utilities, summarized that the Bremerton and Port Orchard have been working together to develop a mutually beneficial plan for the joint development of the water systems serving their common 580 foot elevation pressure zones. The Cities signed a Letter of Intent in October as TAPE #1812 City Council Reg. Mtg. Minutes December 26, 2001 Page 3 of 4 the basis for an interlocal agreement establishing a long range plan and a capital facilities plan for water service in the area. The attached Interlocal Agreement sets forth the details of the agreement to provide water service in the areas generally known as 4200 Feigley and Northwest Corporate Campus in Bremerton's water service area and McCormick Woods, McCormick North, and McCormick West in the City of Port Orchard's water service area. Staff recommends that the City Council authorize the Mayor to sign the attached Interlocal Agreement for Cooperative Water System Development in the Port Orchard 580 Zone/Bremerton 580 Zone. There were no comments from the public. #1205 M/S/C/U (Shepherd/Reed) Move to authorize the Mayor to sign the attached Interlocal Agreement for Cooperative Water System Development in the Port Orchard 580 Zone/Bremerton 580 Zone. Mr. Reed left the meeting at 6:15 P.M. and returned at 6:16 P.M. 11D - COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITYOF BREMERTON AND THE POLICE MANAGEMENT ASSOCIATION (#AB01-296): Carol Conley, Human Resources Manager, stated that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Police Management Association (PMA) resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current agreement that expires on December 31, 2001. The new CBA is for a two-year term, beginning January 1, 2002 through December 31, 2003. The CBA has been ratified by PMA membership. Council approval is required to implement this agreement. There were no comments from the public. #1330 M/S/C/U (Arends/McConnell) Move to approve the Collective Bargaining Agreement by and between the City and the PMA, January 1, 2002 through December 31,2003, and make the necessary amendments to the budget. 12A - PUBLIC HEARING AND ORDINANCE NO. 4787 (SECOND READING) REGARDING THF DESIGNATION OF A COMMUNITY EMPOWERMENT ZONE ADMINISTRATOR (#AB01-287): The first reading of this ordinance was heard on December 19, 2001. There were no comments from the public. #1390 M/S/C/U (Olsen/Reed) Move to pass Ordinance No. 4787 on second reading. 12B - PUBLIC HEARING AND ORDINANCE NO. 4788 (SECOND READING) AMENDING THF OFFICIAL ZONING MAP FROM BUSINESS PARK (BP) TO MIXED USE (MX) FOR PROPERTIES BORDERING EVERGREEN PARK AND BOUNDED BY 14TM STREET, PARK AVENUE HIGHLAND AVENUE, AND 12TM STREET (#AB01-288): The first reading of this ordinance was heard on December 19, 2001. There were no comments from the public. #1470 M/S/C/U (Shepherd/Reed) Move to pass Ordinance No. 4788 on second reading. TAPE #1812 City Council Reg. Mtg. Minutes December 26, 2001 Page 4 of 4 With no further business, the Council meeting was adjourned at 6:20 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 1/02/02 ORIGINATING DEPT: Executive City Attorney Employment Contract ORIGINATOR: Mayor Bozeman Roger A. Lubovich DATE SUBMITTED: 12/26/01 2. CLEARANCES: / ~ .~ 3. EXHIBITS: 0 er . , /~ ..t --; ~'~'~- p a~lons ~-~F~'/~ ~'~R~ MAYOR~ ~ [~. ~ COUNCIL PRESIDENT/_.-- ~ ~ ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Roger A. Lubovich has accepted the position of City Attorney for the city of Bremerton. He has served as the City of Kent City Attorney since 1990. Previously he was in private practice serving a variety of municipal clients in the States of Washington and Alaska. 8. RECOMMENDATION: Motion to approve City Attorney Employment Contract with Roger A. Lubovich. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE:N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~N~DA 11(% COUNCIL DIRECTIVE: Date: il. AGENDA BILL NO: 0'~--~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont. : 5. IMPACT ON NON-PASSAGE: We would be required to continue contracting for legal services. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Budgeted 2002. 7. RESEARCH SOURCES: EMPLOYMENT CONTRACT City Attorney This Employment Contract is entered into this __ day of January, 2002 by and between the City of Bremerton, a chartered fn'st class municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City"), and Roger A. Lubovich, (hereinafter referred to as "City Attorney"). In consideration of the mutual benefits and promises herein contained, the parties agree as follows: 1. DESCRIPTION OF SERVICES: The City Attorney agrees to furnish full time services as defined in the job description for the City Attorney, wNch is attached and hereby incorporated as a part of this Agreement, which may be amended by mutual agreement of the parties. 2. SUPERVISION: The parties understand and agree that the City Attorney will perform independent functions and responsibilities in the exercise of his field of work. In the performance of these duties, the City Attorney shall work under the direction of the Mayor and City Council. 3. TERM: The City Attorney shall serve at the pleasure of the Mayor and City Council subject to the provisions set forth in the City Charter relating to termination or removal of the City Attorney, commencing January __, 2002, and continuing until termination or removal by terms of this Agreement and such Charter provisions. 4. COMPENSATION: The City Attorney and City agree that compensation for services rendered under this agreement shall begin at band 1, rate 8, Four Thousand Three Hundred Twenty One Dollars and 51 cents ($4,321.51) semi-monthly, with a monthly rate of approximately Eight Thousand Six Hundred Forty Three Dollars ($8,643.00). This compensation is subject to adjustment pursuant to BMC 2.50.31 and BMC 2.50.32 as applicable. Said compensation shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that the City Attorney is an exempt position pursuant to the Fair Labor Standards Act. 5. BENEFITS: All benefits shall be afforded as provided for in this Agreement pursuant to the Bremerton Municipal Code, specifically, Chapter 2.50, Management & Professional Staff Compensation Program, and as provided under the laws of the State of Washington relevant to EMPLOYMENT CONTIL~CI' - l- a3 the position of City Attomey, unless specifically provided otherwise in this agreement. Vacation is set at twenty-five (25) days per year. For the year 2002 vacation leave shall be pro-rated based upon date of hire. Subsequent years shall follow the established increases in vacation leave based on years of service pursuant to 20.50.040 (c) of the BMC as applicable. City shall provide City Attorney long-term disability coverage at the City's cost. Additionally, City shall pay for or reimburse City Attorney for all dues, continuing legal education courses and other related costs to maintain membership in the Washington State Bar Association. 6. PERFORMANCE REVIEWS: Performance reviews shall be conducted in compliance with applicable Human Resources Policies, and shall utilize review standards and forms approved by the Human Resources Department. 7. EXCLUSION FROM COLLECTIVE BARGAINING: The City Attorney acknowledges, understands and agrees that the position he is accepting with the City is not included in the City's Civil Service system, is exempt from Union Membership, and is a managerial/professional employee as defined under BMC 2.50. 8. TERMINATION OF SERVICES: The City Attorney is an "at will" employee and the City may terminate him without cause, at any time, with thirty (30) days notice required pursuant to the provisions set forth in the City Charter relating to termination or removal of the City Attorney. In the event of a termination without cause by the City, the City Attorney shall be entitled to Severance Pay as described in BMC 2.50.090. In the event that the City Attorney shall terminate employment with the City, he agrees that he shall provide the City not less than fourteen (14) days prior written notice. This Agreement may be terminated for cause, without notice, and employee understands, agrees and accepts that in such case, no severance pay shall be paid. "Cause" shall be defined as including but not limited to any reason for which a regular employee may be dismissed under the Bremerton Civil Service Rules, specifically Rule 19. 9. GENERAL PROVISIONS: A. 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. The parties hereby further agree that this Agreement cannot be amended or modified EMPLOYMENT CONTRACI'-2- without the written concurrence of both parties. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: Human Resources Department Roger A. Lubovich 239 - 4th Street 17365 Agate St. NE Bremerton, WA 98337 Bainbridge Island, WA. 98110 D. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. F. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. Roger A. Lubovich City Attorney REVIEWED BY: CITY OF BREMERTON: BY: CAROL S. CONLEY Cary Bozeman Human Resources Manager Mayor Re ce ived for Filing: KATHLEEN McCLUSKEY LOREN COMBS, City Clerk Acting City Attorney EMPLOYMENT CONTRACT -3- r-Employment'Pa KEh T Roger A. Lubovioh I City Attorney. APplicants are considered for ~ positions ~thout reg~d to~ ~ . o~entafion, age, m~ital or veter~ s~tus, ol ....... ;' '~., ~. _ ~ .s~ucfio~: Ple~a p~t or ~e ~ Mfo~afion. ~s applica~on must be ~ed out acc~ately ~d complexly. Do not leave an item ank. ~ ~ i~ does not apply, ~te N/A (not applicable). ~complete applications ~1 be reason for disquMifi~fion from further ~nsiderafion. ~ you need a~o~ space to ~w~r a quea6on ~y, you ~y ~ ~ ahee~ of paper ~t m ~e same s~e ~ ~s tge. On each ad~fio~ page, Mclu~ yo~ n~e ~d the position rifle for wMch ~u ~e a~l~g. If you ~ sub~g a re~e, you ust s~ aomplete-~ p~ of ~ appHca~on. You ~y a~ch copies of docmen~ or co,cares wMch ~ppo~ yo~ apphcafion. All at~Ms ~b~d beeomo ~e prop~ of ~e Ci~ ~d ~ not be m~e& ~ smtem~n~ m~e on ~ applica~on a~ sUbject to :~fieafion. A aep~ ~ppli~fion mint be completed for ~eh posi6on for wMch you aDDly. ,sRionAppHedFor: <~ ~~y Date of Apphcafion: ~- ~{ Zoo[ I~ess fl~hone Work Telephone [essage Telephone ( ) N~e of Contact employed ~d you ~e ~der 18, c~ you.~sh a work p~t? ~ Yes ~ No ~ve you filed ~ application h~e before? ~ Yes ~No If yes, ~ve da~ ~ ave you ever be~ ~ployed here before? ~ Yes ~No ~ yes, ~vc ~te ~ teyouemploy~dnow? ~Yes ~No May we contact yo~ present employcr? ~Yes ~No xc you prevented ~om la~lly beco~g employed ~ ~is co~ became of Visa or ~i~afion Sm~? ~ Yes ~No ~1~ F~ ~y( U,8. CitiZen ~ Yes ~ N0 ~b~O~ .a~or~ion and piaure idena~ required apo. employmena) ~nw~t~tawo~dyoub~availableforwork? ~~-~~~ ~~ ~ EM~~ ~e you av~hble to wor~ ~F~I Time ~ P~ Z~e E S~R Work ~ Tempor~ ~ you on a ~y-off ~d subject to recall? ~Yes ~No ~_~ If yes, please explain The City of Bremerton is Proud to be an Equal Employment Opportunity Employer Committed to a Diverse Worid'orce. Page t of-l. mployment Experience . t with your prasel~l~r~ job. Include military service assignments and volunteer activities. This section must be completed. , tot put "refer to resume." If you need additional space, please continue on additional inforraation page on reverse. HlgtPLOYER D~i~E$ EI~LOYF_~ Work Performed '~-"}~"~ (.~ ~--q~N~" PROM ,,, TO ADDRESS ::!~L~" · "" - ::'-': " : : ' DAMS'.' F~ .V~.. LO.~' Work Performed o~, r- ~-r-,&¥~. . :.-'-. i~o~ : -..:m. .. JOB ~ ' HO~Y ~S~Y ~~ ~ ~L~HO~ NO. ~ ~SON FOR '~Lo~ ........ . ': "' ' ' ' DA~ "~L~ ':" ~W~r~d s~~oa '/ mL~Om NO. FROM S~ ~SOK ,'1 TEL~HONE NO. ~ ~ON FOR EMPLOYER ~ ~ ~ DA~S ~~ W~ P~cd t,,~ ~ ~ ~~ ~o~ TO replete if required for the position for which you are applying: Typing Speed t Word Processing SoRware Knowledge: N-ames of Data Processing Equipment you have used: ~ecial Skills, Qualifications and Certifications mmarize special skills and qualifications acquired from employment or other experience. sducation · ".. :..~ ' Elementary [ I-Ii~h School College/University Graduate/Professional e~ C;mPleted I 2 3 4 1 2 3 4 h~l~ Appropriat~ Box ~~~J~_ ~__ iploxna/Des~¢~ ,csc~,'bc Specialized ~, ~ "'~ [onors Received: ,3tare any additional information you feel may be helpful to us in considering your appiication. Extra-Curricular Activities References: Give name, Adckess and telephone number of three mfer~nces who ~xe not related to you and am not previous employers: dditional Information - ~ ~ cyst of ~1o~ I ~~d ~t ~s~ or ~l~g ~o~aon ~ my applica~on or m~iew(a} may result ~ ~t ~cy ~w conc~g me, my work ~o~, mc~a~ r~ot~, ~d a~h o~ ~o~fion ~ ~or~ ~ ~ey of Br~n or i~ ag~ ~o~on ~ be ~ed m ~si~ ~c Ci~ or.emCon or i~ a~ ~ det~g my q~l~cafiom' ~d fimess for ~s ~sifion. I will ~ no a~mpt to ~ aoc~ ~ ~ ~fo~fion pro~d ~ ~c CiW of Brema~on or i~ ~m m ~qnj~aon ~ th~ ~pto~t prooaaa ~d h~by ~sly ~vc ~y ~m I ~y ~vc to mq~t ~ ~Io~ of ~fion ~ded ~ the F~er, I do hgeby ml~e yo~ ~ my employ~ ~d on ,hia app~oafion, ~c~ ag~, ~d o~ ~om ~y liabiliW or dam~ w~ch may reset ~om ~is~g to ~e Ci~ of Bremc~on or its ~ p~t to ~ w~v~ ~d a~o~ation to $i~a~ of Applier ~ Date ROGER A. LUBOVICH ' ~ ~ .... . PIs ~'tltiu letter as my application for the position of City'Attorney for the City of "Bremertom i believe my qualifications and current work experience is well suited for this ...... positi ..~.. I am c ..u!rently thc City Attorney for the City of Kent and enjoy this position, however I. 7;,.; ................. g~_~t_u]t.~.~..Co, tmtlt, live on Bainbridge Island, and am interested in a sjmiliar position I have.bee~ theCity Attorney for the City of Kent for over 10 years. As City Attorney, I marmge ...~-- ..... 'the.legabdel~l~ne~ .consisting of a civil as well as a prosecution division, with a staff of twenty ,?[.' !;~ ';,.i ;;~' ~ t0 the Mayor, City Council, Administration, committees and commissions, ~~ I .appoint and monitor omi&.counsel on areas of special ~ to the ~~: I~ ~1 City Co..,un~il meetings, as well as many Council ~~, ~onandmgulatory panels as w~ll as all levels of court. Moreover, as the ~j!e8~l., ~sor, I serve as a member of the City's ~ent Leadership Team ?";"~'~:~' ;ii : "~ l:~dvise the Mayor and the Chief Administrative Officer on both management and policy matters and occasionally serve as Acting City Administrator. I provide legal counsel on a range of ~, including land use and environmental law, labor and employment law, mai property acquisitiom and development, telecomm, nications, risk management, economic development and regulatory code compliance. I work extensively with city planners and developers on land use, zoning, and iss~'s relating to land development, Many of the projects I work on involve public/private partnerships. When I first began supervising my office, I implemented a proactive "open door policy" with all departmeats and staff, thereby increasing support and improving relationships with all employees. Additionally, I provided more efficient service to the City's policy makers by providing legal representation to all council and committee meetings, together with most commissions and boards as well as to staff. This "pro-active" approach to legal represenlation has minimi~xl cla~m~ against the city and the resulting costs of litigation I am particularly skilled in negotiating and coordinating complex transactions, packaging closings as well as problem solving and dispute resolutio~ As for my background, in addition to my juris doctor degree in law, I also earned an M.B.A. In addition to my current position, I was m private practice where I represented numerous municil~lities m the State of Alasl~ This experience and my cuneat position have givea me broad exposure with the business community, governmental agencies as well as the public and thc mcdi~ Bnclosedis my resume for your review. I will provide thc telephone numbc~ or addresses off council members or d~ent he~s or others ns references upon ~quesL Iff I can provide addition~tl infonna '~o~~ot beside to contact me. You may call me at my off'icc, telephone numb~ Sincerely, ROGER A. LUBOVICH EDUCATION SEATTLE UNIVERSITY, SCHOOL OF LAW Suris Doctor, 1978 SEATTL~ UNIVERSITY Masters in Business Administration, International Finance, 1976 Thesis: The Development of the Euro-Dollar Market in International Finance UNIVRRSITY OF WASHINGTON B.A., Business Administration, Marketing and Finance, 1974 OLYMPIC COMMUNITY COLLEGE A.A., Business Administration, 1972 AFIriI,I&TIONS Washington and Alaska State Bar Associations CERTIFICATIONS Licensed to practice before: U.S. SupremeCourt, Ninth Circuit Court of Appeals, U.S. DisUict Court, Westexn District of'Washington; U.S. District Court of Alaska. SIGNII~CANT Si~nitie. mat reported cases include: E//is v. Va/de:r, 686 P.2d 700 (1984); CASES Brutsehe v. City of Kent, 78 W~t App. 370, 898 P.2d 319, review den/ed, 128 Wrt2d 1003 (1995) Frank Colacurcio et. al., v. City of Kent, 944 F. Supp. 1470 (W.D. Wash 1996), affirmed, U.S. Court of Appeals Dlq 96-36917, petUionfor writ of certiorari denied, U.S. Supreme Court, 98-2053; Schneider Homes v. City of Kent, 87 Wm App. 774, 942 P.2d 1096 (1997), review denied, Wash. St. Sup. Ct. DN 66249-5. EXPERIlr~NCE CITY OF KENT 1990 to Present ,City Attome3,- Kent, Washin_Ccon Head of Ciys Legal Department comprised of civil attorneys, prosecutors and support staff. Provide full legal representation to the Mayor, City Council, A. dministmtion, committees, commissions, City depaleml~ms and staff. Provide legal counsel on a range of matters, including labor and employment law, risk management, real property acquisitions and development, t~lecommunicafions, land use and environmental law, economic development and regulatory code compliance. Also supervise prosecution of criminal cases. R~ the City in negotiations, litigation, in proceedings before various boards, and at public meetings. Duties include participation on the Mayor's management team. HARRIS, ORR & WAKAYAMA 1989 to 1990 Attorney- Seattle, Washin~0n Provided corporate, real estate, commercial and insurance defense representation to the firm, includin§ defense of contractor surety bonds. R~presented numerous cl/en~s in Alaska and clients with interests in Alaska including city-owned hospitals. WOgil,l~'ORTH, ARGETSINGER, JOHNSON 1986 to 1989 & BRECHT Attorney - Ani:horage, AI~ Provided full legal representation, including consm~on litigation and arbitration as Ci~ Attorney to num~ous mun/cipaht/es and port communit/es throughout Alaska. Represented financial institutions and other business entities in areas of real estate, bankruptcies, commercial and business law. ERWIN, SMITH & GARN~Tr 1982 to 1986 Attorney - Anchorage. Alaska Provided legal representation as City Attorney to numerous municipalities in Alaska. including the Cities of'Bethel, Whittier, Kotzebue, and Kodiak Island Borough. Also represented various corporate and business clients. WIEN AIR ALASKA 1981 to 1982 Counsel and Fuel Manager- Anchorage~ Alaska Managed lease and contract requiremeais. ConUact~ for and administrated aircrai fuel requirements. Represented Wiert as a Board Member and assisted in the establishment of the Anchorage Fueling and Service Corporation (AFSC), a conSortium of airlines owning tank and fueling facilities servicin_g the Anchorage International Airport HONORABI.~ WARREN G. MAGNUSON 1979 to 1981 Counsel ,and Legislative Assistant - Washington. D.C. Hired to Senator's personal staff. Handled legislative matters in the following areas: Aviation, Taxation, Agriculture, Econom/cs and Inflation, Federal Budget, Small Business Issues and.National Disaster ReliefProgn~s inchdin___g Mount ~t_ Hele~s disasier relief. BOEING COMMERCIAL AIRPI. ANE COMPANY 1974 to 1976 Purc~in~ Agent - Seattle. Washh~_ ..on Purchased spares and requirements for 707, 727, 737, military tanker, and presidential fleet aircra~ Purchased hydraulic and electrical production requirements and negotiated large ship-set production contracts for 747 freighter and passenl~ aircra~. OTHI~R K. itsap Aviation Flight Training, Pilofs License - 1972