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HomeMy WebLinkAbout03/21/01 AGENDA CITY COUNCIL MEETING AGENDA MARCH 21, 2001 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 7, 2001 (#AB01-068) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Professional Services Agreement with Gordon, Thomas, Honeywell (#AB01-069) 10. PUBLIC HEARING - ORDINANCES (~ I - o~o ~ A. Ordinance No. 4761 (Second Reading), Adding new section to Chapter 2.06 of the BMC, Specifying the Authority of the Mayor and City Council in the event of a Resignation of the City Attorney; and Budget Adjustment No. 01-3 (~AB01-067) 11. ADJOURNMENT OF MEETING THE CITY COUNCIL WILL RECONVENE IN THE CONFERENCE ROOM IMMEDIATELY FOLLOWING THIS MEETING FOR A BRIEF STUDY SESSION TO DISCUSS "SOLID WASTE"; FOLLOWED BY A 30-MINUTE PRESENTATION ON THE "ENGINEERING RESULTS OF THE PA VEMENT STUDY" AND "STREET MAINTENANCE': CITY COUNCIL MEETING AGENDA MARCH 21, 2001 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 7,200'1 (#AB01-068) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Professional Services Agreement with Gordon, Thomas, Honeywell (#AB01-069) -'~ 10. PUBLIC HEARING - ORDINANCES A. Ordinance No. 4761 (Second Reading), Adding new section to Chapter 2.06 of the BMC, Specifying the Authority of the Mayor and City Council in the event of a Resignation of the ~ [ City Attorney; and Budget Adjustment No. 01-3 (#AB01-067) 11. ADJOURNMENT OF MEETING THE CITY COUNCIL WILL RECONVENE IN THE CONFERENCE ROOM IMMEDIATELY FOLLOWING THIS MEETING FOR A BRIEF STUDY SESSION TO DISCUSS "SOLID WASTE';' FOLLOWED BY A 30-MINUTE PRESENTATION ON THE "ENGINEERING RESULTS OF THE PA VEMENT STUDY" AND "STREET MAINTENANCE". AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: HAP, CH ~1, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- HAP`CH 7, 2001 ORIGINATOR: JOHN E. LAW. PRESIDENT DATE SUBMITTED: HAP, CH f3,~ 2001 ;~. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: --NDORSEMENT I1 INFORMATION Il APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-FAL: vIAYOR COUNCIL PRESIDE ~_ ~ SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ,~,~, ~-^~,~ ~ A~ow~, O,~A~OW~, A~~ ~ ~A-~: :OUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1756 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 7, 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, March 7, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, David Farr, Mike Shepherd (arrived approximately 6:07 PM.), Ed Rollman, and Cecil McConnell. Council member Wayne Olsen was absent. Also present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Chaplain Conrad Dodd, of Kitsap Lake Baptist Church. Jim Reed stepped out of the meeting at approximately 5:35 P.M. President Law made the following announcements: 1) A Pre-Council Session was held in the Conference Room to discuss general Council business; 2) There will be a 60-Minute Study Session immediately following the Council Meeting in the Council Conference Room to discuss "Creating a Hearing Examiner System"; and 3) Next Wednesday there will be a Study Session to discuss the "Bremerton Fire Department". CONSENT AGENDA A. Minutes of Meeting - February 21, 2001 (#AB01-056) B. Minutes of Meeting - February 28, 2001 (#AB01-057) #0025 M/S/C/U (McConnell/Farr) Move to approve Consent Agenda as presented. (Jim Reed and Mike Shepherd were not available for this vote) 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. #0050 M/S/C/U (Esser/Arends) On March 7, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 249760; and 249781 through 249948 in the amount of $644,854.77; and Regular Payroll for the period ending February 28, 2001 in the amount of $786,495.98. (Jim Reed and Mike Shepherd were not available for this vote). Jim Reed returned to the meeting at approximately 5:40 P.M. COUNCIL MEMBER REPORTS Cecil McConnell thanked his constituents for their support, then referred to possible violations of the Open Public Meetings Act after a recent article in The SUN quoted that a "majority of the Council" had supported an issue, but a vote in front of the public had not taken place. He pointed out that the Act stipulates that "individual contact to determine a vote" is a violation, which could lead to recall action. Ed RoIIman offered thanks to the citizens who called offering support for the Council; and called attention to the Council meeting on December 20, 2000, where a request for expedited judicial review was approved by a majority of the Council, and that Council was exercising their legislative authority by this action. He also reported on the District 4 Neighborhood Meeting held Monday, March 5, 2001, and thanked Norm McLoughlin and Roger Waid from the Kitsap Consolidated Housing Authority for their presentation on "The Proposed Bremerton/Kitsap County Regional Government Center". Citizens may contact FEMA at 1-800-462-9029 or 337-7038, or the Kitsap Homebuilders Association 3 TAPE #1756 City Council Reg. Mtg. Minutes March 7, 2001 Page 2 of 4 at 479-5778 to receive information on earthquake relief. Lastly, he sadly reported the loss of retired City employee Bruce Allen, who passed away on Monday. David Fart reflected on the intent of the OPEN PUBLIC MEETINGS ACT, which was to keep all votes on decisions on all actions in meetings open to the public, to keep citizens informed. He expressed his displeasure at recent actions by a majority of the Council, and therefore exercised his option to ask for an Agenda item in two weeks for re-election of Council Officers. John Law stated that he was not surprised at Mr. Farr's request for new elections, but asked that all Council members to be present before such a vote would take place. Mr, Fart did not agree to the caveat, and reiterated his original request for the re-elections to take place in two weeks. Ms. Malanca asked that no further discussion take place regarding re-elections until she could research the Charter to see if such an election was allowed. Carol Arends discussed her participation on several Regional Committees where issues that are important to the City are discussed such as the ferry system, and the prioritizing of major transportation projects Conrad Esser 8, Jim Reed encouraged citizens as well as the investment, real estate, and business community to attend the combined District 8 & 9 meeting on Thursday, March 8, 2001 beginning at 6:30 P.M. at the Oyster Bay Public Works Conference Room located at 100 Oyster Bay Avenue to discuss "Funding Sources for City Road Repair", as well as the "Possible Elimination of the B&© Tax". Mr. Law In response to earlier comments, Mr. Law clarified that he had called a majority of the Council members to find out if they still concurred with action taken at the December 20, 2000 Council meeting where the Council approved action (by a vote of 7-Yes and 1-No) to approve a Professional Services Agreement for Mediation Services; and approved a Joint Request for Expedited Judicial Review. Mr. McConnell asked to provide additional comments, although Mr. Rollman called for a "point of order". Mr. McConnell clarified that his earlier comments were not regarding the December 20, 2000 meeting referred to by Mr. Rollman, but to the "individual activities" via e-mail, phone, or in person where only four members of the Council are contacted. He also voiced concern over information received at the Kitsap County Courthouse which showed a Motion of the Court was pulled Friday, but re-filed the following Monday. Mr. Law stated that he was not aware of this Court action, and asked for additional information. Ms. Malanca responded that Mr. McConnell may have seen a motion filed by the Mayor's attorneys to have a visiting judge, but assured the Council it was not a motion for a Summary Judgement. MAYOR'S REPORT Candidates for the Armed Forces Court were introduced who then invited the Council and the Public to attend the Armed Forces Pageant on April 10, 2001 at the Bremerton High School. Mayor Horton read a statement to establish her position regarding the current disagreement with the Council, and the intent of the agreement made between the Mayor and the Council at the Study Session on Monday, February 26, 2001. TAPE #1756 City Council Reg. Mtg. Minutes March 7, 2001 Page 3 of 4 LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Elizabeth Buell asked whom to contract regarding a sewer problem that may be the fault of the City. Mr, Farr responded that she could direct her concern to the Mayor, but that Gene Sampley, Director of the Public Works Department, was aware of the problem, and would be contacting her soon. Mike Shepherd arrived to the meeting at approximately 6:07 P.M. Carlos Montgomery and Darryl McDermott expressed their views regarding the Mayor and Council disagreement. Don Larson suggested the City's web site have a link to the Washington State tourism site, as well as the Puget Sound Dive Shop to fully expand on the many attractions of the area. He also encouraged the public to attend the Sinclair Inlet Clean-Up Event on Saturday, April 21, 2001. Elizabeth Buell pleaded with the Council to take action on some of Mr. Larson's ideas. 9A - TOWER SPACE LEASE AGREEMENT WITH CONVERGENCE TECHNOLOGIES, INC (#AB01-058): Deputy City Clerk Paula Johnston summarized that Convergence Technologies Inc. has proposed to lease tower space on the City's Cheryl Street telecommunications tower for a term of 3 years with an option to renew. The proposed rental amount is $100 per month, which is competitive for like kind antennae attachments and equipment. It was pointed out that this is one of the few towers that are owned by the City of Bremerton. John Stockwell and Jim Kendall, representing Convergence Technologies, Inc., were available to answer any additional questions. Stewart Dem_oster asked how much money the company project to make by having a tower on this site, and wanted to know why the City was only charging $100 a month. Ms. Johnston responded that the proposed rental rate was competitive; and John Stockwell, President of Convergence Technologies, Inc. stated that he could more adequately answer the question regarding expected revenue in a year from now. Mr. Reed was confident that all efforts were made by City staff to ensure that the proposed rate was competitive, but predicted that the City may be able to adjust that rate after this 3-year period. #1726 M/S/C/U (Shepherd/Rollman) Move to approve the 3-year Lease Agreement on City-owned tower with Convergence Technologies Inc. 9B - PURCHASE SERVICES AGREEMENT WITH WASHINGTON TIMBERLAND MANAGEMENT FOR HARVEST MANAGEMENT, MARKETING. AND FORESTRY SERVICES (#AB01-059)' Forestry Manager Bill McKinney stated that Washington Timberland Management (WTM) will assist in completing Forest Practice applications, conduct field marking, provide'logging plans, operators, operations management, and marketing for highest value, on selected second and third growth timber stands within Water Utility forest land as specified by the Forestry Manager. Harvest will consist of primarily uneven-age and selective operations. The Forestry Manager will determine residual stocking and leave tree selection. This action will further the overall goals of the Forest Management Plan and will substantially contribute to the Water Utility's revenue for 2001. WTM will be compensated by receiving 9% of the delivered log price on harvested timber. WTM was the only respondent in recent RFQ's for forestry related purchase services. There were no comments from the public. TAPE #1756 City Council Reg. Mtg. Minutes March 7, 2001 Page 4 of 4 Mr. Shepherd asked if this project would deal with the root rot problem. Mr. McKinney responded the operation would mainly concentrate on "thinning" of old growth. #2030 M/S/C/U (McConnell/Arends) Move to authorize the Mayor to execute the attached Purchase Services Agreement with Washington Timberland Management. 10A - ORDINANCE (FIRST READING) APPROVING AN INTERLOCAL AGREEMENT WITH THF TRACYTON WATER DISTRICT; AND WAIVING THE PROVISIONS OF BMC 15.02.040 (#AB01- 060): Public Works & Utilities Director Gene Sam.Dley reported that on February 29, 2000, the Tracyton Water District and City of Bremerton entered into an inter-local agreement for the design, construction and financing of water' system upgrades within Tracyton Water District in anticipation of District dissolution. The City and District successfully secured a Public Works Trust Fund Loan for the design and a State Revolving Fund Loan for construction of the project. The Interlocal Agreement completes the agreement between the City and the District providing for an inter-governmental loan for cash flow requirement during construction, setting forth the means for repayment of all loans, and other provisions for rates, front footage fees, and the effect of annexation of properties within the benefit area. Financing of these improvements are structured for District dissolution and City assumption of the District's debt. Additionally, the Ordinance waives, prior to dissolution, the provisions of BMC 15.02.040 (Service Beyond City Limits) for all properties served by the Tracyton Water District that at the time of dissolution of the District become water service customers of the City of Bremerton. There were no comments from the public. #2360 M/S/C/U (Farr/McConnell) Move that City Council approve ordinance on first reading, adopting the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, waiving the provisions of BMC 15.02.040 as it applies to that Agreement, and directing the Mayor to execute the attached Agreement. With no further business, meeting concluded at 6:40 P.M. Council then reconvened in the Council Conference Room for a 60-Minute Study Session to discuss "Creating a Hearing Examiner System". 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: Professional FOR AGENDA OF: March 21, 2001 Services Agreement - Gordon ORIGINATING DEPT: Risk Manaqement Thomas Honeywell ORIGINATOR: Peqgy Lesser DATE SUBMITTED: March 2, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Asst. City Attorney ~ ~ Fiscal & Budget Operations ~~_, ENDORSEMENT~~ INFORMATION APPROVED BY COUNCIL P~T MAYOR ~~ ~~ COUNCIL PRESIDENT~/~/'~-~/~z~'~' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City needs to retain outside counsel to continue the defense of the lawsuit brought by Henry Mincey against the City of Bremerton. Former Assistant City Attorney Steve Reich handled this action initially, with highly favorable results. Mr. Mincey has appealed the favorable judicial ruling and Mr. Reich's services will be required to defend that appeal. In addition, Mr. Reich will transition handling of the Burlington Environmental tax matter to another attorney. 8. RECOMMENDATION: Motion to approve the professional services agreement with Gordon Thomas Honeywell. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~~DED COUNCIL DIRECTIVE: DATE: ii. AGENDA BILL NO: 0/-- O~D (~ 7 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City would need to change attorneys which could result in higher costs and less favorable results. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Costs of defense of the Mincey matter will be paid from the Risk Management Fund. Costs associated with the Burlington environmental action will be paid by the Legal Department. 7. RESEARCH SOURCES: 8 PROFESSIONAL SERVICES AGREEMENT GORDON THOMAS HONEYWELL The City of Bremerton ("City") and Gordon, Thomas, Honeywell, Malanca, Peterson and Daheim, Inc. (~Retained Counsel"), referred to collectively as the ~Parties", enter into the following Agreement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton in Henry Mincey vs. the City of Bremerton, et al. No. C99-5678FDB filed in U.S. District Court and transition handling of Burlington Environmental Inc. vs. City of Bremerton No. 97-2-02152-1 filed in Kitsap County Supedor Court, to another attorney. I1. Term: This Agreement is effective on January 1, 2001. III. Compensation: In consideration of the services provided pursuant to this Agreement, The City shall pay Retained Counsel in a total amount not to exceed Thirty Thousand and No/100 Dollars ($30,000.00). Payment will be made based on an hourly rate not to exceed $110.00 per hour. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits adsing or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the Mayor or a Bremerton Assistant Attorney, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire A,qreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. GORDON THOMAS HONEYWELL 3/5/01 - Page 1 E. Notices: Notices shall be in writing and delivered to the following addresses: Lynn Horton Steven T. Reich Mayor Gordon, Thomas, Honeywell, Malanca, City of Bremerton Peterson & Daheim 239 Fourth Street 600 University Street, Suite 200 Bremerton, WA 98337 Seattle, WA 98101-4185 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. CITY OF BREMERTON GORDON, THOMAS, HONEYWELL, MALANCA, PETERSON & DAHEIM By: Lynn S. Horton, Mayor By: GORDON THOMAS HONEYWELL 3/5/01 - Page 2 RESOLUTION NO. 2806 A RESOLUTION of the Bremerton City Council Affirming Support for Substitute Senate Bill 5327, Proposing to Provide $11.4 Million Dollars in Funding for the Passenger Only Ferry. WHEREAS, the Seattle-Bremerton Passenger Only Ferry provides a critical transportation link to the Kitsap Peninsula through the City of Bremerton; and WHEREAS, the Passenger Only Ferry service furthers the National and State goals of reducing single occupancy vehicular trips, preserving limited resources and benefiting the environment; and WHEREAS, the Passenger Only Ferry has proven to be successful in stimulating the residential population within Bremerton and Kitsap County to the benefit of Washington State residents on both sides of Puget Sound; and WHEREAS, the City of Bremerton and Kitsap County have also experienced increased economic diversity since commencement of the Passenger Only Ferry; and WHEREAS, the continued Passenger Only Ferry service is critical to sustain and enhance the advances experienced to date; Therefore, BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT The City of Bremerton communicate to appropriate State Legislatures the City of Bremerton's support of Substitute Senate Bill 5327. PASSED by the City Council of the City of Bremerton on the 21 st day of March 2001. JOHN LAW, Council President : AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March ~, 2001 PUBLIC HEARING::: ORIGINATING DEPT: Council ORDINANCE ~O, 42ti!~!) ADDING NEW .' ORIGINATOR: Council President SECTION .TO CIL~PTER 2.06 OF BMC REGARDING DATE SUBMITTED: March 14, 2001 CITY ATTOPdqEY RESIGNATION; AND APPROVAL OF BUDGET ADJUSTMENT NO. 2001-03 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS ?&~~ ~/,,x:x,a, ~/607~ ~{,%,,z .6,, . ~~..._ /7 Proposed Settlement Agreement David StPierre, A-~'t7 City Attorney ~o..,,.~-'t~ ~ ~ ~~ Council Operations Committee Fiscal & Budget Committee ENDORS ., y NT __y'rfg TION APPROVED BY COUNCIL P0 ENT J / 4. SUM2~I~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Council President and Mayor have entered in a tentative settlement of ail issues relating to the City Attorney. Provision is made for the recruitment and hiring of a new City Attorney; provision for part-time Special Counsel until January of 2002; an ordinance clarifying Council/Mayor authorities relating to resignation of City Attorneys; release from liability and collateral agreement; suspension of all litigation costs and dismissal of the Council Complaint for Declaratory Action; a Study Session to consider changes to the Charter; and facilitation of the Council/Mayor working relationship. 8. RECOMMENDATION: 1. PASS ORDINANCE NO. 4761 (ON SECOND READING), ADDING A NEW SECTION TO CHAPTER 2.06; 2. MOVE TO APPROVE BUDGET ADJUSTMENT.NO. 2001-03 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~~ ~ COUNCIL DIRECTIVE DAT 11. AGENDA BILL NO: O/~_/O ~' 7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Settlement would not be concluded. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: New City Attorney to be hired, a funded position. Settlement provides for Special Counsel to be part-time subsequent to March 31, 2001. An amended contract and funding for the part-time position will follow at a later date. See Budget Adjustment 2000-3 for funding of the November 2000 contract with Lane Powell Spears Lubersky and for the release of liability agreement with Glenna Malanca in the amount of $20,895. The proposed settlement reduces future litigation expenses and contemplates dismissal of the City Council Complaint for Declaratory Action. 7. RESEARCH SOURCES SETTLEMENT AGREEMENT COUNCIL/MAYOR DISPUTE City of Bremerton 1. Mayor and Council agree to an ordinance for the resignation of City Attorney to be handled as a removal under the City Charter. A proposed ordinance is attached. The City Council and Mayor agree to schedule a Study Session within 2 months from the date of this agreement to consider possible changes to the City Charter regarding the City Attorney. A consultant from Municipal Resources Services 'Center will be invited to participate in the Study Session. 2. Mayor and Council will seek, as soon as possible, and appoint a new City Attorney agreeable to both parties. The hiring committee shall consist of the Mayor, senior staff individual of the Mayor's choosing;' up to two Council members nominated by Council President and informally approved by the City Council; and a municipal attorney of outside employment. 3. Council may continue Malanca's employment as Special Counsel to the City Council under terms and conditions negotiated between the City Council and Malanca; PROVIDED, however, that when a new City Attorney assumes office, Malanca will cease provision of any regular day-to-day legal services to the City and its departments, except to the City Council, unless specifically delegated by this agreement or with the written consent of the Mayor. Special Counsel will be employed part-time commencing April 1, 2001 to January 2002. Assignments are at Council's discretion so long as the assignments do not interfere with or duplicate the provision of services assigned by Charter to the City Attorney when he or she takes office. All employees and others working on behalf of the City are to be encouraged to cooperate with Special Counsel in the performance of her duties. The provision of legal services to the City and the Department of Public Works and Utilities in the City v. Foster Pepper lawsuit is specifically approved by the Mayor as a delegation of the City Attorney's duties and the Council will enter into a separate contract with Malanca under terms and conditions established by the Council at its discretion. 4. Continue to seek outside facilitation of communications between council members and Mayor. The first session with a facilitator Will occur no later than thirty (30) days from the date of this Settlement. ~ Both sides agree that all public comments regarding the instant dispute, and each other, are to conform to the spirit of this agreement until conclusion of the facilitation effort. This provision does not prohibit comment or concern on City matters being addressed in the course of the City's official business. 6. The Council's Summary Judgment Motion scheduled for hearing on April 6, 2001, the Mayor's Motion for Joinder, Continuance and Discovery Conference scheduled for hearing on March 23, 2001, and all depositions and all other legal services rendered by attorneys for both sides, will be suspended until the effective date of the ordinance clarifying the resignation of City Attorney under BMC 2.06. After the effective date of said ordinance, the Council action will be dismissed with prejudice upon stipulation of the parties. 7. Nothing herein shall be interpreted to create any third party rights, and specifically, Glenna Malanca' shall have no contractual right under the terms of this agreement. DATED THIS ,/z(' day of Marctk 2001. Mayor Lynn to recommend adoption by full Council RELEASE FROM LIABILITY AND COLLATERAL AGREEMENT Due to the unfounded public speculation that Glenna L. Malanca ("Malanca") has considered instituting a lawsuit against Mayor Lynn S. Horton and the City of Bremerton arising from issues relating to the Mayor's acceptance of Malanca's November 1, 2000, resignation as City Attorney, this release is provided. Glenna L. Malanca hereby releases fi.om liability Mayor Lynn S. Horton, the City of Bremerton, and all of its officials, employees, agents, representatives, and all who have acted on behalf of the Mayor, City Council or otherwise, in that certain dispute arising from Malanca's November 1, 2000 resignation as City Attorney. This release from liability includes all known and unknown causes of action of any nature that Malanca may have against the Mayor or the City of l~remerton arising from Malanca's resignation, the Mayor's acceptance thereof, and all related actions of the released parties, up to and including the date of execution of this release. Glenna Malanca agrees and commits to not apply for the City Attorney. posit~ )n unless an opening occurs subsequent to January 1, 2002. GI..~ ~//M,~Zc/a ' Date~ _ _ COLLATERAL AGREEMENT Glenna L. Malanca will be paid three(3) months severance pay arising from her employment as Bremerton as City Attorney, based upon her annual salary as of December 1, 2000. Payment will be made on or about March 31, 2001. Due to the dispute between the Mayor and Council relating to the conclusion of said employment, this provision is not to be construed as indicating that Malanca's employment was terminated. Malanca agrees that no severance pay will be provided for in her amended contract with the City Council as Special Counsel, even in the event of the termination of that contract. This ag~ement is dated and signed on March / ,t~, 2001 MAYOR LYNN S. HORTON ~ LAW, CO CIL PRESIDENT I5' AN ORDINANCE adding a new section to Chapter 2.06 of the Bremerton Municipal Code, which specifies the authority of the Mayor and City Council in the event of a resignation of the City Attorney. THE CITY OF BREMERTON DOES HEREBY ORDAIN: RESIGNATION OF CITY ATTORNEY SECTION 1. New Section. A new section to Chapter 2.06 of the Bremerton Municipal Code is hereby added, to read as follows: RESIGNATION OF CITY ATTORNEY. The resignation of the City Attorney may be accepted by the Mayor, upon confzrmation of a majority of the Council sitting as a whole. A resignation shall be considered equivalent to a removal under Section 23 of the City Charter, for resolution sole135 of any issues relating to the powers or authorities of the Mayor or City Council ! 1 arising from the resignation of the City Attorney. This provision will remain in effect um~s~tO't there is an amendment to the City Charter relating to the City Attorney. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this _ _ day of ,2001. PASSED by the City Council of the City of Bremerton this ~ day of ,2001. JOHN LAW Council President APPROVED this ~ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: COUNCIL / LEGAL Adjustment Number: 2001 #3 Approval Authority Required: I r-~Treasurer [-]Mayor r- Fiscal & Budget [~Council I SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Decrease Legal Department: Increase City Council: Personnel 28,000 Personnel 28,000 Increase General Fund Revenue 20,000 Supplies & Services 20,000 Total 48,000 Total 48,000 NARRATIVE: This adjustment will increase expenditure authority in the City Council budget for the expenses associated with outside counsel and the Special Counsel position through the month of March. The agreed upon settlement amount will be paid from the Risk Management Fund and therefore is not included in this adjustment. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended F-~ Not Recomm~nded Treasurer's Signature gate Mayor Comments: r~ Recommended ~ Not Recommended Mayor's ignature Date Fiscal & Budget Committee Comments: r-~ Approved ~ Denied Fiscal & Budget Committee Signature Date From: Andy Parypa <apary@home.com> To: <CityCouncil@ci.bremerton.wa.us> Date: Wed, Mar 21,2001 12:45 PM Subject: Comments Lori: Please assure that Council President Law an Vice President Shepherd receive the following: Council President John Law and Vice President Mike Shepherd: Disregard my request to read into the records, and a public verbal and written response as asked in my e-mail of 20 Mar 2001, 13:43:46, Subject: Ordinance, To: City Council@ci.bremerton.wa.us. However, to be in accordance with Bremerton City Council Rules and Procedures, Rule 9, Section 2, "Written comments shall, to all intents and purposes, be considered the same as oral comments," I request the following written comments be read into the records and be answered by a verbal public and a written response: Reference: Ordinance No. 4761, that is before Council for passage on March 21,2001. 1. Can an ordinance amend the City Charter and/or remain in effect "unless there is an amendment to the City Charter?" The City Charter, State Constitution and State laws indicate NO. 2. Why does Ordinance 4761 only address the City Attorney? There is a number of appointive officers that are appointed by the Mayor and confirmed by Council. 3. Why does the subject ordinance state, "A resignation shall be considered equivalent to a removal?" (a) Does this not give a signal to all appointive officers appointed by the Mayor and confirmed by Council, to seek severance pay if they submit a resignation? (b) Is the purpose of this ordinance solely to justify the payment of severance pay to Mrs. Malanca? I suspect others have resigned yet received severance pay without relying on such an ordinance. 4. I suggest this ordinance be amended to: (a) Address the submission of resignations by all appointive officers. (b) Remove the reference regarding the equivalency of resignations to removal, and (c) Indicate this ordinance will be in effect pending submission and approval by the voters, of a charter amendment offered in November 2001. Andrew Parypa 1122 Hayward Ave Bremerton, WA 98310-4918 RESPONSES TO QUESTIONS SUBMITTED BY ANDY PARYPA ON WEDNESDAY, MARCH 21, 12:45 P.M. 1. "Can an ordinance amend the City Charter and remain in effect "unless there is an amendment to the City Charter?" (The City Charter, State Constitution and State laws indicate no) No - An Ordinance cannot amend the City Charter. The proposed ordinance does not in any way amend or conflict with the City Charter. No provision is made for resignation of the City Attomey in the Charter, so this ordinance provides what is missing from the Charter. 2. "Why does Ordinance 4761 only address the City Attorney? There are a number of appointive officers that are appointed by the Mayor and confirmed by Council." Section 21 of the City Charter designates the Mayor as the appointing authority over all City appointive officers and employees exce_~t the City Auditor, City Attorney, and a few other designated provisions. Section 23 of the City Charter provides limited appointive power of the Mayor as to the City Attorney. Confirmation of the Council is required. 3. "Why does the subject ordinance state, "A resignation shall be considered equivalent to a removal?" This is to create a procedural process for acceptance of resignation of City Attorneys only. This is due to the unique provision in the City Charter relating solely to the City Attorney. (a) "Does this not give a signal to all appointive officers appointed by the Mayor and confirmed by Council, to seek severance pay if they submit a resignation?"; and (b) "Is the purpose of this ordinance solely to justify the payment of severance pay to Mrs. Malanca?" (I suspect others have resigned yet received severance pay without relying on such an ordinance). Absolutely not, since other employees do not have the protection of Section 23 in the City Charter. Most other employees fall under the clear appointive and removal power of the Mayor under Section 21 of the Charter. 4. "He suggest this ordinance be amended to do three things": (a) Address the submission of resignations by all appointive officers; To do that, would create a conflict with Section 21 of the City Charter as to employees other than the City Attomey. (b) Remove the reference regarding the equivalency of resignations to removal; and This is a key component of this proposed ordinance again due to the provision in Section 23 of the City Charter relating only to the City Attorney. This "removal reference' provides the necessary procedure for acceptance of City Attorney resignation (c) Indicate this ordinance will be in effect pending submission and approval by the voters, of a charter amendment offered in November 2001. The City Council and the Mayor have agreed in their March 14 Settlement Agreement to this proposed ordinance because it resolves the conflicting positions on interpretation of the Charter language in the City Attorney resignation matter.