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Home My WebLink About03/20/02 AGENDA FILE 239 4th Street · Bremerton, Washington 98337 ,(360) 478-5280 · FAX (360) 478-525l · citycouncil{t}ci.bremerton, wa.us CITY COUNCIL MEETING AGENDA MARCH 20, 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. CONSENT AGENDA ~-~ A. Minutes of Meeting - March 13, 2002 (#AB02-051) I 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 8. PUBLIC HEARINGS - ORDINANCES A. Ordinance No. (First Reading) amending Chap[er 2.06 of the Bremerton 7 Municipal Code relating to the City Attorney (#AB02-052) 9. ADJOURNMENT OF MEETING A STUDY SESSION WILL BE HELD IN THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR COUNCIL MEETING FOR A PRESENTATION ON "REGIONAL ISSUES THAT IMPACT YOUR JURISDICTION" BY KITSAP REGIONAL COORDINA TING COUNCIL Equal Opportunity Employer AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: MARCH 20, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- MARCH 13, 2002 ORIGINATOR: CAROL ARENDS, PRES[DENT DATE SUBMITTED: MARCH 15, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [-] INFORMATION [-] APPROVED FOR SUBMITTAL BY COUNCIL PRES ~I~),ENT: MAYOR: ~¥'Z~ d~-&ee,~:_~.-~'' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: _..PU_LL.ED [~___...TABL~_ED [--] APPROVED [~] DISAPPROVED ~ AMENDED ~ DATE: COUNCIL DIRECTIVE: 3^ 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1823 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 13, 2002 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, March 13, 2002, at 5:30 P.M., with Council Vice-President Will Maupin presiding. Council members present were Mike Short, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne OIsen. Council President Carol Arends was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Council Liaison Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Scott Shaw of Bremerton First Church of the Nazarene. Vice-President Maupin made the following announcements: (1) A Study Session open to the public was held in the Council Conference Room prior to the Council meeting from 4:30 to 5:00 P.M. to discuss "COUNCIL REDISTRICTING"; (2) The regular Pre-Council Session open to the public was held in the Council Conference Room from 5:00 to 5:30 P.M. to discuss "GENERAL COUNCIL BUSINESS"; and (3) There will be a Study Session open to the public in the Council Conference Room immediately following the Council meeting tonight to discuss the "PROPOSED ANIMAL CONTROL CONTRACT WITH THE KITSAP HUMANE SOCIETY". CONSENT AGENDA A. Minutes of Meeting - March 6, 2002 (#AB02-047) B. Amended CDBG Recommendations (#AB02-048) #0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. Voted in favor of Motion: Olsen, McConnell, Rollman, Shepherd, Younger, Short, and Maupin Abstained: Nygren Motion carried: 7-Yes; and 1-Abstention 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. #0045 M/S/C/U (Younger/McConnell) On March 13, 2002, the Council does approve for payment those vouchers included and further described as follows: Check numbers 268852 through 269114 in the amount of $528,137.66. COUNCIL MEMBER REPORTS Mike Short announced information regarding the next District 8 & 9 Neighborhood meeting that will be held Thursday, March 21, 2002 at the Oyster Bay Public Works Complex located at 100 Oyster Bay to discuss "Problem Properties & Code Enforcement". He also commented on the PFD meeting he attended Monday, and the Mayor's first Town Meeting held Tuesday night. Mike Shepherd was pleased to report that the businesses remaining open during the First Friday Art Walk events have been making money; and discussed an update report on the Seattle viaduct, which will affect commuters from Bremerton. 3 TAPE #1823 City Council Reg. Mtg. Minutes March 13, 2002 Page 2 of 4 Ed Rollman announced the "Smile Mobile" would be coming to Bremerton from March 18 through March 22 to provide dental services for qualified, Iow-income residents; and discussed the new Parking Garage in the former Penney's building. Lastly, he discussed his attendance at a recent CenCom meeting, where a discussion was held on using 911 responsibly and for true emergencies. Daren Nycjren discussed a meeting he attended with the Deputy Mayor and business owners from Manette to discuss ways to revitalize the Manette area, and encouraged any members of the public who would like to provide their comments to please contact the Council office at 478-5280. Wayne Olsen discussed a number of activities he attended this week as a Council member to convey how many hours a Council member devotes to serving the City and its citizens. Will Maupin provided information regarding the upcoming "World Changers" program, and announced the City would be mailing out applications to residents through their water bill, and would accept applications from those who wish to apply through the end of May. He also discussed his attendance last Saturday at the monthly meeting for the Peninsula Council of the Blind, where Smart Growth issues were discussed, as well as the update to the City's Comprehensive Plan. Lastly, speaking for the entire Council, he thanked the voters for supporting the Bremerton School Levy. MAYOR'S REPORT Mayor Bozeman discussed the following issues: · Was pleased to report the request for $500,000 for the capitol budget to repair the pilings on the boardwalk made its way through the House budget, and was now in the Senate budget; · Complimented Jim Spencer of the Parks Department for the work he did submitting the paperwork for the Recovery Action Plan grant; · Noted that a grant of $265,000 was also submitted for updating the Glenn Jarstad Pool; · Informed the Council that proposals for the Hotel & Conference Center were due Friday; · He asked to meet with the Council to discuss a proposal for a Fire Department Bond Issue in the fall to update equipment in the Fire Department; · Reported on a meeting he held with shipyard workers to discuss plans for a parking garage; · Discussed the search for grants to retrofit a new building for the anticipated relocation of the Naval Museum; · There are plans to reorganize the Committee to work on the Government Center issue, and asked the Council to consider the reappointment of two Council members to again serve on the Committee; · P_ro_vided a brief status r_eEort onPh~se ]: for the new~_a_r!time Park; · Emphasized the importance of the Water Transportation Research Institute to search for money and an alternative boat to replace the fast foot ferry; · Announced that a meeting will be held this week to discuss a potential site for the Public Safety Building which will house the Police Department and Municipal Court; · Stated he has been working with the Navy to get the title transfer for the Eastpark property by July 28, and indicated that he will be bringing an interim lease to the Council for their approval in a couple of weeks; and · Lastly, he congratulated Police Chief Rob Forbes and his Department for their success on the recent drug bust which culminated in 46 arrests. TAPE #1823 City Council Reg. Mtg. Minutes March 13, 2002 Page 3 of 4 Chief Rob Forbes discussed the illustrious career of Officer Dave Hughes and K-9 Officer "Quasar", and presented a plaque in recognition of their eight years of dedicated service to the City; and congratulated "Quasar" on his retirement. Officer Dave Hughes expressed his thanks and appreciation. PUBLIC RECOGNITION Carol Atkinson invited everyone to attend or participate in the "St. Patrick's Day Parade" this Saturday, March 16, 2002 beginning at 10:00 A.M. in downtown Bremerton, thanked all of the sponsors, and invited everyone to Fillipi's affer the parade for a lunch of corned-beef & cabbage. Don Larson suggested the City use volunteer coordinators to plant and then takes care of trees. 8A - CONTRACT BID AWARD TO FRIBERG CONSTRUCTION FOR RESERVOIR NO. 4 MODIFICATIONS (#AB02-049): Thomas Knuckey, Senior Utilities Engineer of the Public Works & Utilities Department, summarized that bids were opened for the Reservoir No. 4 Modifications Project on February 28, 2002. This project replaces existing floating cover, and constructs seismic upgrades by replacing the existing outlet pipe and valves. Nine bids were received for this project. The Iow bid from Friberg Construction was $754,343 including sales tax. The consultant's bid estimate for the project was $625,000. Sufficient funds are available in the Water Fund capital budget to make up for this shortfall. The requested action before Council is approval of the contract with Friberg Construction. There were no comments from the public. Mike Shepherd asked if movement of funds from one line item to another line item in the Capital Budget required a budget amendment. Roger Lubovich, City Attorney, responded no, as long as there were funds available, and movement of funds remained within the same budget. Will Maupin asked if there would be any repercussions for the Contractor for underestimating this bid. Mr. Knuckey responded that the Contractor missed the estimate, but that there was no financial loss to the City due to the poor bid. #1205 M/S/C/U (Shepherd/Olsen) Move to approve a contract with Friberg Construction for construction of the Reservoir No. 4 Modifications project in the amount of $754,343 including sales tax and authorize the Mayor to execute the same. 8B £ AMENDMENT TO 2002- BUDGET TO PROPEREY/MPLEMENT THE MANAGEMENT PROFESSIONAL COMPENSATION AND CLASSIFICATION STUDY PURSUANT TO BMC 2.50.032 (C); AND AMENDING THE MANAGEMENT PROFESSIONAL PAY PLAN TO REFLECT THE FINAL PAY BAND RECOMMENDATIONS OF THE CONSULTANT (#AB02-050): Carol Conley, Human Resources Director, stated that approval of this 2002 Budget Amendment would implement the requirements of BMC 2.50.032(c) which provides that Management/Professional positions reclassified or moved to a higher pay band be placed at the next higher step in the new band than the positions were at prior to the Reclassification Study. All increases would be retroactive to January 1,2002. The total amount required to fund this amendment is $67,200. TAPE #1823 City Council Reg. Mtg. Minutes March 13, 2002 Page 4 of 4 There were no comments from the public. #1308 M/S/C/U (Short/McConnell) Move to amend the 2002 budget in the amount of $67,200 to reflect the required implementation of BMC 2.50.032(c) for Management/Professional employees, retroactive to January 1, 2002. With no further business, the Council meeting was adjourned at 6:15 P.M. The Council then reconvened in the Council Conference Room for an open Study Session to discuss the "PROPOSED ANIMAL CONTROL CONTRACT WITH KITSAP HUMANE SOCIETY". Prepared and Submitted by: LORI SMITH, Council Liaison Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 20, 2002 Ordinance (First Reading) ORIGINATING DEPT: City_ Council Amending Chapter 2.06 of the BMC relating to ORIGINATOR: Cecil McConnell, Councilman the City Attorney DATE SUBMITTED: March 13. 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Council heard at Committee Meeting on 3/13/02 - Ordinance No. ~i~ Attorney ~'~ APPROVED FOR SUBMITTAL BY ENDORS, EME~ (~NFO.~~ N ~ CO/U~qCIL P. RES?ENT: ~ ; MAYOR:~ /-' ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions for the resignation of the City Attorney provide for confirmation of the resignation by a majority of the Council sitting as a whole, and further provides that a resignation shall be considered equivalent to a removal under Section 23 of the City Charter, for resolution solely, of any issues relating to the powers or authorities of the Mayor or the City Council arising from the resignation of the City Attorney. This proposed ordinance updates code provisions relating to the resignation of the City Attorney; and provides that the resignation of the City Attorney shall be effective upon the acceptance of said resignation by the Mayor. 5. RECOMMENDATION: MARCH 20: Move to approve ordinance on first reading, amending Chapter 2.06 of the BMC relating to the resignation of City Attorney and the acceptance of the resignation by the Mayor. MARCH 27: Move to pass Ordinance No. on second reading. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATIONDATE: .... REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED [-'] APPROVED []]]] DISAPPROVED [--] AMENDED []]]] DATE: COUNCIL DIRECTIVE: 8 A 8. AGENDA BILL NO.: ~ 2" 0 ~ & 7 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.06 of the Bremerton Municipal Code relating to the resignation of City Attorney and the acceptance of the resignation by the Mayor. WHEREAS, the current provisions for the resignation of the City Attorney provide for confirmation of the resignation by a majority of the Council sitting as a whole mad further provides that a resignation shall be considered equivalent to a relnoval under Section 23 of the City Charter, for resolution solely, of any issues relating to the powers or authorities of the Mayor or the City Council arising from the resignation of the City Attorney; mad WHEREAS, The City Council desires to update it's code provisions relating to the resignation of the City Attorney in order to provide for acceptance of the City Attorney's resignation; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 2.06.010 of the Bremerton Municipal Code emitled "Office Created" is hereby amended to read as follows. Sec. 2.06.010. OFFICE CREATED. Tk_.qere is hereby created the Office of the City Attorney which shall serve as the legal department for the city pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the city in all legal matters- involving -the x:itv; :'Mx/ch cffic~: The offi~a §hhll be ~ii~h~ed b9 th~ City Attorney who shall serve as its director, and who shall be responsible for hiring mad supervising employees of the office. The City Attorney shall be 511cd by appointedmem of- hSi the Mayor subject to confirmation by the City Council. The resignation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. SECTION 2. Section 2.06.050 of the Bremerton Municipal Code entitled "Resigmation of City Attorney" is hereby deleted in its entirety as follows: ~YROVED by thc City Council the day of ,2002 PASSED by the City Council th~ day of ., 2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney ~L~SHED-the ..... day Of ., 2002 EFFECTIVE the day of ,2002 ORDINANCE NO. R:XLEGAL\Ordinances\City Attorney Ordinance.doc Jo }Document Page 1. of 1 Title 2 ADMINISTRATION AND PERSONNEL ChaPter 2,20 LEGAL DEPARTMENT* 2.20.060 Interlocal 2.20.070 Salary. *Cross reference(s) - Indenmification, ch. 2.96; persom~el, title 2, subtitle IV. 2.20.010 Department There is hereby created the legal deparnnent for the propose of performing all the legal functions of the city. The depmm~ent shall consist of the civil division, which will be responsible for representing the city in all civil matters including litigation, and the prosecution division, which will be responsible for prosecuting all misdemeanor cases in the city. The deparnnent shall be supervised by the city attorney who shall serve as its director, who shall have complete charge of all of the work of the department, and who slmll be responsible for h/ring and supervising employees of the deparnnent. (Ord. No. 3512, § 7, 6-6-00) 2.20.020 City attorney - Position created and There is hereby created the position ka~own as city attorney. The position is created m accordance with the City of Kent Policies and Procedures Manual. The city attorney shall be appointed by the mayor in accordance with the provisions of the City of Kent Policies and Procedures Manual solely on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. (Ord. No. 3512, § 7, 6-6-00) 2.20.030 Qualifications. The city attorney must be a graduate of an accredited law school and a member in good standing of the Washington State Bar Association. (Ord. No. 2366, § 1; Ord. No. 3512, § 7, 6-6-00. Formerly § 2.04.030) 2.20.040 Duties and It shall be the duty of the city attorney to advise all city officials elected or appointed, city employees and city boards or cormCzissions in all legal matters pertaining to the business of the city and to approve all ordinances and resolutions as to form. The city attorney shall supervise the representation of the city in all actions brought by or against the city or against officials in their official capacity. The city attorney shall perform such other duties as the city council, mayor or chief administrative officer may direct or as may be required by the laws of the state. The city attomey shall have complete charge of all of the work of the legal department. (Ord. No. 2366, § 1; Ord. No. 3512, § 7, 6-6-00. Fomaerly § 2.04.040) http://www.mrsc.org/cgi-bi~om_isapi.dll?clientlD=23234110&hitsperheading=on&infobas{... 3/7/2002