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Home My WebLink About07/26/00 AGENDA CITY COUNCIL MEETING AGENDA JULY 26, 2000 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 - July 19, 2000 (#AB00-170) ~ 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. Reappointment of Art Morken, Jr. to the Housing Authority Board of Commissioners -/ (#AB00-171 ) B. Agreement for Scott Scowcroft as Community Access Television Manager (#AB00-172) I 0 C. Bid Award for Contract to Install Railcar Bridges 1 & 2 (#AB00-173) [(~ D. Acceptance of State Salmon Recovery Funding Board Grant for Gorst Creek Restoration ~.~c~ Project (#AB00-174) 10. ORDINANCES A. Ordinance No. 4716 (Second Reading) Relating to Appointment of Judges Pro Tempore; ..~O and Amending BMC Section 2.62.040 (#AB00-169) 11. PUBLIC HEARINGS A. Resolution No. 2763, Regarding Recovery of Fees for the Abatement of Garbage and '.~ Debds on the property located at 1512 Bradley Court (#AB00-175) 12. ADJOURNMENT OF MEETING CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIATELY FOLLOWING THE REGULAR MEETING TONIGHT FOR A STUDY SESSION TO DISCUSS THE "SUB AREA PLAN; AND 3-PARTY AGREEMENT WITH KITSAP COUNTY, THE CITY OF BREMERTON, & PORT BLAKEL Y PROPERTIES FOR KITSAP LAKE INDUSTRIAL PARK DEVELOPMENT". AGENDA BILL BREMERTON CITY COUNCIL 1. ~: FOR AGENDA OF: JULY 26, 2000 ORIGINATING DEPT: CITY COUNCl L MINUTES OFMEETING- JULY 19, 2000 ORIGINATOR: CAROL AP, ENDS, PRESIDENT DATE. SUBMITTED: JULY 21, 2000 2. C~: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-I'AL: MAYOR: COUNCIL PRESIDENT: ~/7~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED__ DISAPPROVED__ AM'~DA COUNCIL DIRECTIVE: DATE:~__ 11. AGENDA BILL NO: C)0 - I-7'0 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1714 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES July 19, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~ Street, Bremerton, Washington, Wednesday, July 19, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, Acting Deputy City Clerk Rich Hanna, 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 Nick Sweeney, Secondary Principal at Kings West School. President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; and (2) The Study Session scheduled immediately following' the Council Meeting to discuss the "Capital Improvement Plan" has been postponed until August 16, 2000. CONSENT AGENDA A. Minutes of Meeting- July 12, 2000 (#AB00-166) #0020 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. Jim Reed was not present 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. #0040 M/S/C/U (Law/McConnell) On July 19, 2000, the Council does approve for payment those vouchers included and further described as follows: 243285 through 243540 in the amount of $583,738.38. Jim Reed was not present for this vote. Arrived to the meeting at approximately 5:45 P.M. COUNCIL MEMBER REPORTS John Law appreciated the good turn out at the District 3 monthly meeting held on Tuesday, July 18 at the Senior Center, where citizens exchanged their ideas for a change in City Government. Ed Rollman noted the passing of Theodore Ingram, who retired as a Captain after serving 30 years from 1941 to 1971 with the Bremerton Police Department. He invited the public to enjoy the band "Doublestop" at the next uConcerts in the Park" at Evergreen Rotary Park on Tuesday, July 25, from 7:00 to 8:00 P.M. Lastly, he commented on the new parking regulations and the installment of "No- Repark" signs in the downtown area, which should be complete by the first week of August. Mike Shepherd reminded citizens of the 2nd Annual District 5 Neighborhood Picnic on Thursday, July 20, from 5:00 to 6:00 P.M. at Evergreen Rotary Park, where neighbors are invited to enjoy hamburgers as they chat with their City, County, and State representatives, and enjoy the new improvements at the Park. Conrad Esser emphasized cautious driving after witnessing yet another traffic accident on Kitsap Way near the QFC grocery store. TAPE #1714 City Council Reg. Mtg. Minutes July 19, 2000 Page 2 of 4 President Arends offered .condolences to the family of former Council member Lon Overson at the passingof his mother last Friday in Florida. Lastly, she reported attending a meaningful ceremony to view the presentation:of the Korean War Service Medal. by the Consul General of South Korea to members of the Armed Forces who served in Korea during the period 1950 to 1953. MAYOR'S REPORT · Citizens were encouraged to meet at City Hall Park at 4th & Washington to join staff from the City of Bremerton, Chamber of Commerce, Windermere Real Estate, and Bremerton Main Street Association for a "Downtown Bremerton Cleanup" event on Saturday, July 22, from 9:00 A.M. to 2:00 P.M. In the future, it is hoped the "Cleanup" event will be expanded to also include the Charleston Business District, and then the Manette Business District areas. · The City Council was reminded that Bremerton is hosting a Joint-Meeting of City Coundls on Thursday July 20 from 6:30 to 9:00 P.M. in the Bremerton School District Board Room, which will includea presentation on the "Endangered Species Act" by Keith Folkerts, I~sap County Natural Resources Coordinator;, and Dr. Chris May, Ph.D. and Research Scientist/Engineer. · Lastly, she too attended the presentation of the Korean War Service Medal, and found the ceremony very moving. She thanked Robert Sauter, Committee Chairman of Bremerton V.F.W. post 3694, for his participation in organizing the event. LEGISLATIVE REPORT A response was provided to Karl Urseth, who reported that the overhead ramp at the Bremerton Ferry Terminal was inoperable after 7:30 P.M. Paul Green, Director with Washington State Ferries provided a letter stating that this ramp is not routinely closed, and that Mr. Urseth may have experienced one or two circumstances during operational difficulties with the ramp. At this time, all problems appear to be corrected. PUBLIC RECOGNITION Gordy Byrd also attended the Korean War Service Medal Presentation ceremony, which he enjoyed. Carol Atkin$on of the Bremerton Main Street Association invited the public to bring a chair, and enjoy a performance by the band "Trillium" at the next Concert on the Boardwalk this Friday night. 9A - SALE OF BUILDING AT 1201 PARK AVENUE & 1198 ELIZABETH AVENUE TO KITSAP COMMUNITY RESOURCES: AND LICENSE TO USE PARKING AND PLAY AREA. #AB00-167: Kathleen McCluskey, Administrative Services Director, summarized that the properties are owned by the City. She further stated that the sale complies with policy, and the sale of the property would remove the City from potential liability for the property and its use. Also, in order to create straight lot lines, Kitsap Community Resources will lose some of the parking lot currently on the Smith School property as well as a small play area used by the Head Start Program. The attached Memorandum of Understanding and Grant of License gives KCR the right to use those parcels of property in support of programs located in Smith School. The license terminates KCR's conveyance of the Smith School parcel to any entity, except a successor non-profit entity performing substantially the same services with the City's approval. Larry_ Eyer, Director of Kitsap Community Resources, elaborated further on the reasons that he and his Board Members support the sale of this building to their organization. He also handed out brochures, which provided further detail regarding the services offered. TAPE #1714 City. Council :Reg.. Mtg. Minutes July 19, 2000 Page 3 of 4 #0585 M/SIC/U (Shepherd/Reed) Move to approve surplus and sale of the Smith School property at 1201 Park Avenue and 1198 Elizabeth Avenue to Kitsap Community Resources for the amount of $150,000 with KCR responsible for all closing costs and funds to be deposited to the Contingency Reserve Fund 103. #0645 M/S/C/U (Shepherd/Reed) Move to approve Memorandum of Understanding and Grant of License for use by Kitsap Community Resources of the playground area described in parcel "A", and the parking area described in parcel "B' in support of the programs located in Smith School. 9B - ACCEPTANCE OF WASHINGTON TRAFFIC SAFETY COMMISSION PROBATION START- UP GRANT. (#AB00-158): Judge James Docter announced that the Municipal Court was awarded a one time Probation Start-Up Grant for $25,000 from the Washington Traffic Safety Commission for one probation officer for one year. The amount required .by the City would be $30,000. The Court is requesting the additional' funding.of $30,000 to fund one FTE for 12 months. He explained that he has been before the Council for the last three years to request a Probation Officer, and pointed out that the difference this year, is the availability of funds to assist in financing this position. He discussed the additional duties of providing pre-sentencing reports and bail-setting recommendations would be in addition to supervising the worst defenders. There were no questions or comments from the public on this issue. Mr. Reed supported this request, which he summarized would provide a safer and better City to live in, and that the benefits far outweighed the liability. John Law/eft the meeting at approximately 6:00 P.M. Mr. McConnell asked the City Attorney to address the issue of liability to the City. Glenna Malanca, City Attorney, responded that it was her opinion that if the City accepted this additional responsibility, they would also be accepting an additional level of liability. She analyzed that if the City planned well to structure and prioritize what type of cases would be monitored, and then followed through, the dsk would be relatively Iow. She suggested the Council request the Judge to provide a status report on the program at the end of 6 months. Judge Docter responded that approximately 40 defendants are placed on probation per month, and that the current system works well for defendants who are compliant, however, there is no recourse for those who are not. It was clarified that the Court, not the Police Department, would supervise the Probation Officer. Additionally, he informed the Council that all defendants are currently put on "probation", the City just has no way to "watch them". Logic says it is more prudent to supervise defendants, rather than just "hope" they do what they are supposed to. Mr. Rollman questioned the qualifications required for this position. Judge Docter stated that he obtained information from Kitsap County's Probation Department to assist in the drafting of a job description, and offered to provide a copy of the report to the Council upon its completion. He invited members of the Council to participate on the Hidng Committee. President Arend$ voiced her support for this position, but was hesitant about accepting partial grants for salaries. #1380 M/S/C/U (Reed/McConnell) Move to approve acceptance of the Washington Traffic Safety Commission Probation Start-Up Grant for $25,000 to hire a probation officer, and to provide the Council with a 6-month review of the program at the end of the current year. John Law was not present for this vote. 5 TAPE #1714 City Council Reg. Mtg. Minutes July 19, 2000 Page 4 of 4 #1950 MISIC/U (Reed/McConnell) Move to approve Budget Adjustment 00-15. John Law was not present for this vote. 1 lA - ORDINANCE (FIRST READING) RELATING TO APPOINTMENT OF JUDGES PRO TEMPORE: AND AMENDING: BMC SECTION 2.62;040. (#AB00,169): Judge James Docter mentioned that House Bill 2774 was passed by the State Legislature in the 2000 session which transferred the authority to appoint judges pro tempore from the Mayor to the presiding Municipal Court Judge. The Bill also declared that judges pro tempore do not have to reside in the city or county in which the municipal court is located. In order to be consistent with state law, the Bremerton Municipal Code Section 2.62.040 needs to be amended. There were no questions or comments from the public on this issue. Mr. Shepherd asked approximately how many days per year were anticipated? ~ stated the judge pro tempore would be called dudng times of illness, when he must excuse himself due to conflicts of interest, or when on vacation. Penny Hill, Municipal Court Administrator, reported that the budget contains 8 weeks of Leave (2 weeks Sick Leave; 4 weeks of Vacation Leave; and 2 weeks of "Miscellaneous Leave" for meetings or seminars), however, the full amount of time has never been utilized. #1560 M/S/C (Shepherd/Reed) Move to approve on first reading an ordinance designating the presiding Municipal Court Judge as the official who appoints judges pro tempore of the court and amending Bremerton Municipal Code Section 2.62.040. Voted in favor of this motion: Esser, Reed, Olsen, McConnell, Rollman, Shepherd, and Arends Abstained from this motion: Fart John Law was not present for this vote. Motion carried: 7-Yes; 1-Abstention. With no further business, meeting concluded at 6:20 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CA/Is/cg c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUB,IECT: FOR AGENDA OF: July 26, 2000 Reappointment to the Bremerton Homing Authority ORIGINATING DEPT: Executive Board of Commissioners ORIGINATOR: Mayor Horton DATE SUBMITTED: July 20, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXI-H~ITS Application for Appointmem ENDORSEME~ T ~ I~~IATION APPROVED BY COUNCIL P~ESIDENT FOR SUBMITTAL MAYOR ~~, . _ COUNCIL PRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Art Morken Jr.'s term on the Bremerton Housing Authority Board of Commissioners has expired. It is recommended he be reappointed to another term. 8. RECOMMENDATION: Motion to confmn the reappointment of Art Morken Jr. to the Bremerton Housing Authority Board of Commissioners. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVEIiDAT~' ~ED COUNCIL DIRECTIVE 11. AGENDA BILL NO: 0~) -" ~'~ t 7 APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission. or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: July 18, 2000 NAIVE: Arthur Morken. 'Jr. HOME PHONE: (360) 377-2591 HOME ADDRESS: 3814 Ptneneedle Dr., · STATE WA ZIP CODE 98310 OCCUPATION: Retired EMPLOYER: WORK PHONE: E-MAIL: FAX: BUSINESS ADDRESS: EDUCATION: B.S. -- University of Washington LOCAL REFERENCES (name & phone number): Richard Dunlap 373-0465 . Bill Mahan 876-6993 Gene Lobe 830-0321 I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ( ) Planning Commission (18 yrs. & older) ( ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee { ) Parking Advisory Board ( ) Community Development Block Grant ( } Solid Waste Management Advisory Committee ~) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law ( ) .. Citizen's Commission on Council Salaries Enforcement is this an application for reappointment? Yes If yes, how many years have you served on this commission/committee? 10 Years Please turn page ¢ WHY ARE YOU APPLYING~ FOR~ THIS APOINTMENT? I would 1/Joe to serve one more appointment to share the Housin~ Author±t~ knowledge and tra/nin~ that I have gained w&th-the new connnissioners on board and ~r~th those who will most likely arrive in the next five years. WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: I would also like to offer my formal schooling, training, and experience in my professional field and to take part in makin~ the future visions of the BHA and Westpark a reality. HAVE YO'IJ SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: NOo PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): It started in 1955 as a lifeguard at Solduc Hot Sprin~s by trainin~ physically an~ mentally handicapped children to swim. In the past 45 years, I have served on numerous ADA and/or EEO programs, hired handicapped employees and actively put to;ether paratransit ride proKrams for m~litary fsm~ly needs on our n,,maro~ naval bases. WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? $~nce my retirement, I have CU~ back to Paratransit Services and Bremerton ~ou~n~_ Authority. However, when asked to assist, I do step forward. We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4= Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us A6~NDA BILL BREMERTON CIT~ COUNCIL 1. SUBJECT: FOR AGENDA OF: July 26,' 2000 ORIGINATING DPT. ~dm4nistrative Services Dpt. Agreement OIGINATOR: Kathleen McCluskey Community Access Television Manager DATE SUBMITTED: July 13, 2000 2. CLEARANCF~: (comment ~ back 3. EXHIBITS: At t orney ~/~/~///~ ~-~-~C~4~ Agreement Operations~ ..~~~_ ~ Fiscal & Bud~ ENDO~S~_.~.N? ~X/._~ ~FOm~I%~4_ /ae~aOVED ~YOR ~ ~, ~~ __ P~SIDENT 4. SU~Y STATEMENT ~D REQUI~MENT FOR COUNCIL ACTION: The interview team recommends the employment of Scott Scowcroft as Community Access Television Manager. The team consisted of Holly Anderson, representing the County Commissioners, Judy Morgan, Chairperson of the BKAT Advisory Committee, Greg McClellan, Rainier Cable Communications in Tacoma and myself. Mr. Scowcroft brings over 15 years experience in public access television. He was most recently employed by AT&T managing the Seattle Public Access program. 8. RECOMMENDATION: Motion to Approve Agrement to hire Scott Scowcroft as Community Access Television Manager. 9. RESPONSIBLE OFFICIAL: Admin. Srv. ENFORCEMENT OFFICIAL: Admin. Srv. REVIEW DATE: N/A 10. NOTICE OF ACTION COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 00 -- 17~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE Program will be negatively impacted by lack of management. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Funded by City and County 7. RESEARCH SOURCES: AGREEMENT Community Access Television Manager This Contract is entered into this __ day of ,2000 by and between the CITY OF BREMERTON, a chartered first class municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City") and J. Scott Scowcroflg (hereinafter referred to as "BKAT Manager"). In consideration of the mutual benefits and promi~qes herein contained, the parties hereto agree as follows: 1. DESCRIPTION OF SERVICES: The BKAT Manager agrees to furnish professional services as defined in the job description for same, which is attached and hereby incorporated as a part of this Agreement as Extu'bit "A". 2. SUPERVISION: The parties understand and agree that the BKAT Manager is an individual skilled in the management of a public access facility and can perform independem functions and respons~ilities in the exercise of his particular field of expertise. W'rthin the performance of these duties the BKAT Manager shall report to the Administrative Services Director of the City of Bremerton. 3. TERM: The BKAT Manager shall serve at the pleasure of the City of Bremerton, commencing July 26, 2000 and continuing until termination or expiration of this agreemem. 4. COMPENSATION: That the annual compensation for services rendered under this agreement shall be Forty two Thousand Nine Hundred Ten Dollars ($42,910.00). Said salary shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that the BKAT Manager shall be expected to provide services at least forty (40) hours per week, inclusive of vacations, sick leave, and holidays. 5. INCENTIVE: It is the goal of the City and County to increase funding for BKAT programming and operations l~om other than governmemal sources. It is agreed that an incentive paymem will be negotiated with the BKAT Manager for exceptional performance in this area. 6. BENEFITS: A. Holidays: New Year's Day Veteran's Day Martin Luther King's Birthday Thanksgiving Day President's Day Day after Thanksgiving EMPLOYMENT CONTRACT - 1 Memorial Day ChrisUnas Day Independence Day One Floating Holiday Labor Day B. Vacation Accrual. Vacation shall accrue at the rate of one hundred twenty (120) hours per year. Commencing the first day of the second year of the agreement vacation will accrue at the rate of one hundred sixty (160) hours per year and commencing the first day of the sixth year ofthe agreement vacation shall accrue at the rate oftwo hundred (200) hours per year. No more than forty (40) hours shah be carded over at the end of each year. In no event shall the cumulative carry-over exceed one hundred twenty (120) hours. Unused earned vacation will be paid to the BKAT Manager upon termination of the agreement. C. Sick Leave Accrual. (1) Sick leave is accrued at the rate oftwelve (12) full days per year and is proportionately credited to sick leave balances. (2) Sick Leave Incentive. IfBKAT Manager takes two (2) days or less of sick leave in a full calendar year he shall have one day added to his or her vacation leave balance at the beginning of the following calendar year. (3) Unused sick leave shall be carried forward each year a contract is renewed. The maximum accrual is 125 days (960 hours). There shall be no payout at termination or expiration of this Agreement for unused sick leave. (4) Should the BKAT Manager retire fi'om City service on a PERS service retirement, he shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the BKAT Managers accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the BKAT Manager at the wage rate in effect at the time of retirement. D. Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of state funerals upon the death ora member of the mediate family. Immediate family is defined as spouse, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both the BKAT Manager and his or her spouse. Bereavement leave must be charged to unused sick leave, vacation time or may be taken as unpaid leave by the BKAT Manager. EMPLOYMENT CONTRACT - 2 E. Retirement Benefits. Enrollment in the State of Washington PERS retirement system for which he or she qualifies. Conm~butions to the respective retirement systems by the City and by BKAT Manager will be made in conformance with Federal FICA Laws and State Retirement Laws. F. Medical and Dental ln.qumnce Benefits. The BKAT Manager, spouse and one child will be enrolled in the City Dental Plan and KPS Health Plan. Coverage shall become effective on the first day of the month following the commencement of work. Should the BKAT Manager select Group Health Insurance he will be respons~le for the premium difference between the cost of Group Health Insurance versus the KPS Health Plan. BKAT Manager will pay $14.00 per month for enrollment of his spouse and child, which will be deducted monthly from the payment for services rendered. 7. FUNDING AGREEMENT: The City of Bremerton and Kitsap County have established a partnership for the provision of Public, Education and Governmem Access Services through Bremerton Kitsap Access Television (BKAT). The Funding Agreement is effective to December 31, 2000 and the Governmental Services Agreemem is effective to December 31, 2000. Agreements with the county are renewable on an annual basis. 8. TERMINATION OF SERVICES: The City may terminate this Agreement without cause, at any time, with thirty (30) days' notice required except for expiration per Section Three of this Agreement. In the event that the BKAT Manager shall terminate this Agreemem, he agrees that he shall provide the City not less than thirty (30) days' prior notice of the effective date of said termination in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the evem a replacement is found who is able to commence services prior to the expiration of thirty (30) days' notice, that they may, in good faith, negotiate an earlier termination date. This agreement may be terminated without notice for breach of contract and/or non-performance. 9. GENERAL PROVISIONS: A. This Agreement constitutes the entire agreemem 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. EMPLOYMENT CONTRACT - 3 B. The parties hereby further agree that this Agreement cannot be amended or modified 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: City Clerk J. Scott Scowerofi 239 Fourth Street 7418 Glenridge Way SW Bremerton, WA 98337 Seattle, Wa. 98136 CITY OF BREMERTON: LYNN S. HORTON, MAYOR J. Scott Scowcroit APPROVED AS TO FORM: GLENNA MALANCA, City Attorney DEPARTMENT HEAD APPROVAL: KATHLEEN L. McCLUSKEY Administrative Services Director EMPLOYMENT CONTRACT - 4 J. SCOTT SCOWCROFT 7418 Glenridge Bray S. ~. · Seattle, BrA 98136 (206) 932-Z688 OBJECTIVE Management of media or other operational unit empha,dzing careful and creative stewardship of resources, policy development/implementation, and total commitment to support of staff to further organizational mission. SUMMARY Over~qteaxs~development: and~managing ~0 ..mm~ ~ .tmity acc~.ss :_~el.~?i~o~ f~or us¢:hy~ individuals~and ~ organizati6ns. Particular emphasis on maximizing se~'s '~'h~ n~aintaining ease of operations in a highly regulated environment. Expertise in policy creation/implementation, client service, complaint resolution, curriculum planning, public/press relations and staff development. EMPLOYMENT ~ISTORY TCI, INC. Seattle, Washington 1982 - 1998 Director, TCI Northwest ~tccess and Production Center (1986-1998) Managed $1.5 million full service television production studio and 3ru largest community access cable channel in U.S. (425;000+ households). Hired, trained and motivated staff of 10 who facilitated hundreds of volunteers in the production, scheduling and airing of over 8,000 video programs yearly. Maximized productivity of studio through careful resource management, policy implementation and strategic planning resulting in tripling studio productions (to 2,500+ per year), most live public access programming in U.S. (1,700+ per year) and through doubling number of playback hours to 120 hours/week. > D~veloped operational policies in support of Center mission and goals to ensure over 80% local and 90% original video programming aired on the channel. Created Policy Handbook that integrated all areas of operation into a single document thereby promoting fair and appropriate use of scarce resources while clarifying procedures for clients and increasing staff efficiency. Created and implemented core curriculum resulting in elimination of one-year waiting list while effectively teaching clients new skills via both formal and informal means. Worked closely with government and education organizations, technical personnel and vendors to create and customize production installations through a competitive bid environment to best meet their specific needs. ~, Introduced TQM (Total Quality Management) into Center administration by defining areas of responsibility, appropriate delegation and support of staff. Morale and productivity increased along with client satisfaction rating of over 90% for wide range of Center services. Responsible for public and press relations, assisted in franchise negotiations and maintained liaison relationships with community organizations. Previous positions (1982-1986) Facilitator, Video Producer, Instructor, Playback Operator, Commercial Insertion. J. SCOTT SCOWCROFT Page Two SHOi~I~-LINKCOMMIJNITY COLLEGE, Shoreline, Washington 1985 - 1986 Yideo Production-Instructor ~ Developed curriculum and taught college level course in basic video production. Created step-by-step self paced tutorial with 100% success rate in students learning video editing outside the classroom setting. GREEN RIVER CoM~ntr~rry COLLEGE, Auburn, Washington 1979 - 1980 Media Services Dispatcher Directed scheduling, distribution and maintenance of $180,000 in equipment inventory. Responsible for production of 8,000 audio tape copies annually. Supervision ofstaffand work study students. CARSON CITY SCHOOL DISTRICT, Carson City, Nevada 1975 - 1977 Education Television Director > Video curriculum planning for 300-member faculty (Iii-12). > Programmed three closed circuit and one cable channel for school district. > Supervision of staff and work study students. RADIO AND TELEVISION Part and Full Time Announcer, automation operator, disk jockey, film editor, T.D., camera operator: KYYX-FM, KXA-AM, KCRL-AM, KNIS-FM, KSRN-FM, KTVQ-TV, KEMC-FM, KURL-AM & FM, KONE-AM, KOLO-TV, KBMY-AM, KOOK-TV. EDUCATION BA: Computers/Television Production, The Evergreen State College, Olympia, WA AA: Liberal Arts, Eastern Montana College of Education, Billings, MT AFFILIATIONS Board Member: Northwest Region for the Alliance for Community Media Board Member: Medical Health and Education Association AGENDA BH.I. BRF, ME~ON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF:. July 26, 2000 Bid Award Recommendation: Contrac~ to ORIGINATING DEPT: Public Works/Ual. ~ Railcar Sridges ! & 2 omGINATOR: ForesUy Manager (Capital Pro~ects R9212907 and R0212907) DATE SUBMTITFA): July I l, 2000 Director PW&U f'K~/ ~ ~ /~ A) Bid Submittal City Attorney .~~_.,.-~-e~ c.~ B) Bid City Treasurer . ', ~-'~ lqsc~d & Badger Comm~ee C'-~~./ / 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Call for bids for thc above project was prepared, advertised, distributed and received in accordance with City- bid procedures. Six (6) bids were received. This contract provides for demolition of two existing log bridges and installation of two City.- provided railcar bridges within the Umon River Watershed in accordance with contract specifications and base bid schedule Items 1 through 3. The contract specifications call for cast in place abutments for bridge #1 and "lock-block" abutments for (continued on page 2) 8. RECOMMENDATION: Motion to accep~ bid in the amount of $103,005.31 for base bid items I through 3 and authorize the Mayor to execute contract for installation of railcar bridges 1 and 2 with McTurnal & Duggcr Corporation. 9. RESPONSIBLE OFFICIAL: Director PW & Utilities ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ~ TABLED ~ APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 1 2. CLE&R.4J~CF_, CO~: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (eominued from page 1) bridge #2. Alternative #1 for cast in place abutments under Item 4 for bridge #2 is not recommended. McTurnal & Dugger Corporat/on, Olympia was the lowest responsive bidder for base bid items 1 through 3 with a bid of $103,005.31 including sales tax. The engineer's estimate for the project is $203,693. The action before the City Council is approval of the contract with McTurnal & Dugger Corporation for installation ofrailcar bridges 1 & 2 per contract specifications. 5. IMPACT ON NON-PASSAGE: Access to Casad Dam control structure and the upper Union River watershed ~ continue to be dependent on failing log stringer bridges. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: Approximately 40 hours by Engineering staff for construction inspection and administration. Budget: Included in 2000 budget and CIP. Facilities/Equipment: Improves Water Utility forest land access system for water and forest management operations. 7. RESEARCH SOURCES: Public Works & Utilities /' BID SCHEDULE - LUMP SUM Schedule of pdces for construction of the Watershed P, ailcar Bridges No. 1 and 2 in accordance with the Contract Documents. All Bid Schedule items must be completed by the Bidder. Failure to do so will render the bid non-responsive and will cause its rejection. Item-~ Descfi~ticn 1. Materials, equipment, and services for the installation cf the Watershed Railcar Bndges No. I and 2, complete and in place in accordance with these Specifications and the Contract Drawings. The WORK shall include demolition of existing wood structure bridges; excavation, grading and imported struc:ural fiiJ for roadbed reconstruction; excavation, forming and concrete work for bridge ~cutments and wing walls; erosion control in conformance with Department of Fish and Wildlife Hydraulic Project Approach: installing OWNER furnished railcar bddges; dewa~edng; and other appurtenant WORK described in the Contract Documents. ~),~~ ~ as~ For the Lump Sum of $¢/~/ ,,.~c (Pdce in Words) 2. Materials, equipment and services to remove, disccse of, and backfill up to ten cubic yards of existing underground facilities and obs~r'dcticns not specifically identified for removal in the Contract Documents but required fcr new construction. For the Lump Sum cf $ //~- (Pdce in Words) 3. Provide Trench Excavation Safety Systems to meet the requirements of RCW Chapter 49.17 in performing the Work. For the Lump Sum cf S (Price in Words) 4. Alternates: The OWNER may accept all, part or none of the listed Alternate Bids. Apparent Iow bidder selection may be based on the total of the Base Bid plus those alternate bids the OWNER chooses to accept (at the sole discretion of the OWNER). Alternate #1: For Railcar Bridge No. 2 provide cast-in-place concrete abutments and wing walls in lieu of the concrete "lock block" abutments and wing For the Lump Sum of S 'Z~/~¢ 7~'g), ~'~'~-'~' (Price in Words) 5. TOTAL BID PRICE (item Nos. 1, 2, 3, and 4), exclusive of Washington State Sales Tax. For the Lump Sum of $ /~M'.-~! (Price in Figures) R9212907 BID FORMS WATERSHED RAILCAR BRIDGES NO. 1 & 2 ~. O PAGE 00300-6 CITY OF BREMERTON BID TABULATION DATE OPENED: '7-G-Oc) TIME OPENED: ,~:ocL_ RECORDED BY .................. BIDDER aEC'D ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NE'[ LtlD TAX TOTAL i~" i'z ~ AGENDA BILl, BREIVIF~RTON CITY COUNCIL 1. SUBJECT: Acceptance of State Salmon Recovery FOR AGENDA OF: July 26, 2000 Funding Board Grant for Gorst Creek ORIGINATING DEPT: Public Worlcs/Util. m tomion ORIGINatOR: For t DATE SUBlVIITTED: 7/18/00 2. CI,I~.ARANCES (comment on ba~,k~)~ 3. EXi~ITS: //~--. ~ Director PW&U f/~4/~ ~ Salmon Project Agreement City Attorney ~~ City Triton-er "~,,.~~. ~ Ol~el~io~l Commltte~ ~ ~ Fiscal & Bmiget Committee · ~ ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMrI~AL: 4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Public Works & Utilities Dept. applied for and received a State Salmon Recovery Funding Board (SRFB) grant for a project titled "Gorst Creek Restoration". Administration of the grant is through the Interagency Committee for Outdoor Recreation (IAC). This project will restore a segment of Gorst Creek fi-om the current concrete channel to a more natural configuration and function providing enhanced spawning and rearing for salmonids. Location of the project is within Jarstad (continued on page 2) 8. RECOMMENDATION Motion to approve and authorize the Mayor to execute the SRFB/IAC Agreement, subject to City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: Director Public Works & Utilities ENFORCEMENT OFFICIAL: " " " " ,, EXPIRATION DATE: REVIEW DATE: .10. NOTICE OF ACTION COUNCILPUI,LF.D ~ DIRECTIvE:TABLED APPROVED DISAPPROVED D AA~~TE:~~~ 11. AGENDA BILL NO: 0("~ - [ 3 q 1 2. CL~.&RANCE COMME. N'I~: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued from page 1) Park_ Total construction estimate for the project is $534,650. The amount of the grant is $368,150 with a City sponsored match of $166,500. The City's match includes a previous $50,000 design grant from Kitsap County Public Utilities District and donated materials, equipment and labor. The action before the City Council is aecep~ce of the grant funding and approval of the agreement with the Salmon Recovery Funding Board/IAC. 5. IMPACT ON NON-PASSAGE: City would not receive grant funding and Gorst Creek Restoration project would not be implemented. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTI~.R RESOURCES: Staffing: NA Budget: Match funding will be provided through donations of materials, equipment, and labor, and therefore will not impact current budget. Facilities/Equipment: NA 7. RESEARCH SOURCES: Public Works & Utilities STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION P.O. Box 40917 · Olympia, Washington 98504-0917 · (360) 902-3000 o FAX (360) 902.3026 June 19, 2000 Bill McKinney Bremerton Public Works Forestry Division 3027 Olympus Dr Bremerton, WA 98310-4799 RE: Gorst Creek Restoration, lAC #00-1111D Dear Mr. McKinney: Congratulations on your successful application for grant funds for the Gorst Creek Restoration project. Odginal sets of the Project Agreement are enclosed. Each set contains the contract, milestenes, a customized invoice voucher, and appropriate lAC partJdpation manuals. After review, please have the appropriate person sign each Agreement, and return one signed original to the lAC. After the Agreement is signed and returned, the Gorst Creek Restoration project can commence. Prompt implementation and completion of this project will be most appreciated. Doing so will enable our office to provide reimbursement more rapidly. It will also help ensure the continuing success and credibility of the Salmon - State program by demonstrating on-the-ground results to citizens and policy makers. lAC also encourages you to offer appropriate media opportunities to help build public awareness of the project's purposes and benefits. If there is a future event such as a ceremonial opening or ribbon cutting, our office would appredate being notified of the occasion. As always, lAC staff members are available to answer questions that may arise during project implementation. If you have questions, please call Mike Ramsey at (360) 902-2969, or send an e-mail to michaelr@iac, wa.gov. Thank you again for helping make this valuable investment in Washington's outdoors possible. Sincerely, Laura Eckert Johnson Director ~L~ Enclosures AG RECVR. RPT '"~ O Salmon Project'Agreement Salmon FundingAccounts Project Sponsor: Bremerton Public Works Project Number: 00-1111D · Project Title: Gorst Creek Restoration SRFB Approval Date: 3/17/2000 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504-0917 and Bremerton Public Works, 3027 Olympus Dr, Bremerton, WA 98310 (Project Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is made by the SRFB, administered by the Interagency Committee for Outdoor Recreation (lAC) to the Project Sponsor, for the project named above. C. DESCRIPTION OF PROJECT The subject project is described on the attached Project Summary. D. TERMS OF AGREEMENT The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended for a minimum of for five (5) years, or more as specified in the Landowner Agreement, after the final payment unless the site or facility is rendered unusable for the purpose it was intended by an act of nature. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on March 17, 2000 and end on March 1, 2005. No expenditure made before or after this period is eligible for reimbursement unless incorporated by wdtten amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by SRFB for this project shall not exceed $368,150. SRFB shall not pay any amount beyond that approved for funding of the project. The Project Sponsor shall be responsible for all total project costs that exceed this amount The contribution by the Project Sponsor toward work on this project at a minimum shall be as indicated below:. Percentage Dollar Amount SRFB - SALMON STATE 69% $368,150 Project Sponsor 31% $166,500 Total Project Cost 100% $534,650 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, and the General Provisions. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of per[ormance extensions need only be signed by IAC's Director. The Project Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. Salmon Project Agreement Salmon Funding Accounts Chapter 75.46 RCW, Chapter 286 WAC Page 1 of 2 PROJAGR1.RPT H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND lAC POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and the provisions of Chapter 75.46 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS (none) J. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: ProjeCt Sponsor SRFBIIAC Name: Bill McKinney Interagency Committee for Outdoor Recreation Title: Natural Resources Building Address: Forestry Division PO Box 40917 Bremerton, WA 98310-4799 Olympia, Washington 98504-0917 www.wa.gov/iac These addresses shall be effective until receipt by one party from the other of a written notice of any change. K. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes theenlJre agreement of the parties. No other understandings, oral or otherwise, 'regarding this Agreement shall exist or bind any of the parties. L. EFFECTIVE DA TE This agreement, for project #00-1111 D, shall be effective upon signing by all parties. STATE OF WASHINGTON INTER. AGENCYBy: ~COMMITTEE~--FOR~.~~OUTDOOR RECREATION DATE:~-~/-- Z(~ / Laura Eckert Johnson, Director PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to form by the state Assistant Attorney General Salmon Funding Accounts Chapter 75.46 RCW, Chapter 286 WAC Salmon Program RF. CR I iI]N State Post-Evaluation Project Summary TITLE: Gorst Creek Restoration NUMBER: 00-1111D (Development) STATUS: Board Funded SPONSOR: Bremerton Public Works EVALUATION SCORE: COMMITTEE RANKING: COSTS: SPONSOR MATCH: lAC- SALMON STATE $368,150.00 69% Donated Equipment Local $166,500.00 31% Donated Labor Donated Materials Force Acct - Equipment Grant - Other Total $534,650.00 100% DESCRIPTION: The proposed Gorst Creek Restoration project removes approx. 720 ff. of stream from a concrete lined channel to restore segment to a natural configuration. Existing conditions: sparse shallow substrate, absence of pools, LWD, and natural vegetation. These conditions limit spawning and readng, especially during high flow. Proposed restoration: 1) construct approx. 1000 ft. of naturally configured earthen channel; 2) place substrate suitable for spawning medium; 3) construct adjacent backwaters and wetlands; 4) place natural log, root wad, and rock structures; 5) Establish native trees and shrubs within ripadan zone. Project benefits: augment and improve spawning areas; create new rearing and resting areas; enhance overall salmonid habitat and migration; restore natural riparian conditions. Salmonids utilizing this system include fall native chum, mixed stock coho, winter wild steelhead, cutthroat, and hatchery fall chinook (Grover Cr. stock). Gorst Creek, on the Kitsap Peninsula SW of Bremerton drains approx. 5800 acres to Sinclair inlet in south Puget Sound. The project site and half of the upper watershed is owned by the City of Bremerton Water Utility. The habitat upstream of the project site is in excellent condition, with most of the basin being forested. The existing concrete channel was part of the original supply system and has been in place 60+ yrs. Design plans will be completed early 2000. Project is supported by the Kitsap PUD and the Suquamish Tribe. LOCATION INFORMATION: Gorst Creek, Kitsap County ST SALMON REGION: Puget Sound Southwest LEAD ENTITY ORG: Kitsap County Lead Entity COUNTY: Kitsap WRIA: Kitsap (15) SCOPE (ELEMENTS): Architectural & Engineering In-Stream Habitat Sales Tax FISCAL YEAR: 2000 I DATE PRINTED: June 19, 2000 I 1PAPSUM2. RPT Gorst Creek Restoration 011ID0111 Eligible Reimbursement Activities Report I~IRER£RTiOll Project Sponsor: Bremerton Public Works Project Number: 0o-1111 D Project Title: Gorst Creek Restoration lAC Approval: 3/17/2000 Development Project: Element Item Unit Quantity Description Architectural & Engineering A & E developmant Lump Sum 1.00 In-Stream Habitat Channel connectivity Linear ft 1,000.00 remove concrete channel and construct new earth channel in-Stream Habitat Off-channel habitat Acres 0.20 contruct adjacent backwaters, wetlands In-Stream Habitat Permits Lump sum 1.00 In-Stream Habitat Project success monitoring Lump sum 1.00 none given In-Stresm Habitat Revegetation Acres 3.00 establish riparian and weUand vegetation In-Stresrn Habitat Pock control (weir) Each 6.00 In-Sl~earn Habitat Site Maintenance Lump sum 1.00 material replacement erosion control In-Stream Habitat Spawning gravel placement Sq yds 19,000.00 new channel substrate In-Stream Habitat Woody debds structures Each 15.00 anchor large logs in-channel, adjacent Sales Tax Sales Tax Lump Sum 1.00 ELIGREIM.RPT June 19, 2000 Page: 1 I IRECREIITIIm Project Number: 00-1111 D Project Name: Gorst Creek Restoration Sponsor: Bremerton Public Works lAC Project Manager: Mike RamSey RFP Complete/Consultant Hired 12103/1999 Sponsor Match Project Start 03/17/2000 A&E Complete/Permits Submitted 08/31/2000 Plans & Specs Reviewed by lAC 08/31/2000 Estimated Monitor/Steward Plan Complete 08/31/2000 Estimated Monitoring Started 09/1512000 Approximate Bid Awarded 02/15/2001 Approximate Construction Started 05/01/2001 Subject to permits Construction Complete 12/31/2002 Monitoring Complete 03/01/2005 Construction/Biological Project Complete 03/01/2005 Final Docs & Billing to lAC 03/01/2005 X = Milestone Complete = Critical Milestone 1MILESTO.RPT June 19, 2000 Page: 1 BP. EMRR~ C~TY COUNCIL relating to appointment of ORIGINATING DEPT: Municxpal Cou~)! / judges pro tempore and amending ORIGINATOR.: Judqe Docter BMC Section 2.62.040 DATE SUBMITTED: July 12, 20~;~ 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Ordinance Admin. Svcs. ~ House Bill 2774 City Attorney Fiscal/Budge%/'' Operations ENDORSEMENT ~ ~.FO~~O N__ APPROVED BY - COUNCIL PRESIDENT FOR SUBMITTAL: 4. $~¥ STAT~ ~,ID REOUI~I~ FOR ¢OUN¢IB ACTION: House Bill 2774 relating to appointment of judges pro tempore for municipal courts was passed by the State l.~g±slature during the 2000 session. This bill transferred the authority to appoint judges pro tempore from the Mayor to the presiding municipal court judge. It also declared that judges pro tempore do not have to reside in the city or county in which the municipal court: is located. In order to be consistent with state law, the Bremerton Mun±cipal Code Section 2.62.040 needs to be amended. 8. RECOMMENDATION: I move to pass Ordinance # ~7~ ~ On second reading designating the presiding municipal court judge as the official who appoints judges pro tempore of the court and amending Bremerton Municipal Code Section 2.62.040. 9. RESPONSIBLE OFFICIAL: Municipal Court Judqe ENFORCEMENT OFFICIAL: M~nicipal Court Judge EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ ~ ~ PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS ¢cont.): 4. SUMMARY STATEMENT {cont.): 5. IMPACT ON NON-PASSAGE: Bremerton Municipal Code will remain inconsistent with state law. 6. IMPACT ON STAFFING, BURETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: AN ORDINANCE designating the presiding municipal court judge as the off'mi,at.who appoints judges pm tempore of the court and amending Bremerton Municipal Code Section 2.62.040. WHEREAS the Legislature of the State of Washington passed House Bill 2774 relating to appointment of judges pro tempore and amending RCW 3.50.090 to take effect June 8, 2000; THE Cl'l'~ OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.62.040 is hereby amended to read as follows: 2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS - HE~RING EXAMINER '~'----"-- - "--,,, .,,.,~,o,--u-:-:--' --' '-'o~,~,,.,, ,----:n' :":':: ·-':::':':::':'::-'":':::':'::"'"':?':':':':':"5.'!::': ' -'~-:':':::':':: ":':~' 'i' ":'ix:-':::':':::' ?' :' :':::':':':~!i'::':':".' i::':':::'"::' '::':'::!:": '~: .:::':':::':': '~:':" ": i':' '~:~:~:':'"':'"'::- -':':'-:':':: ~ :'"'::' ":'::::!::': '".-:~:::::':::'.':::'":':::' ?:::~:?.'::i'":~"~ ' ::.:.:.:.~:-:::::.::~<::-:.:.:.:::,.:.:-~:.,:.:.:.:::.:.:.:.:,:+':::::.:.::. ?~.:,-~.A..-..::.:·_-.:~.?:~?::-:.:::.:.-..:!~i::2':::..~..:.:.:.:.:.:~.~:..:::-:..:::::i.~:-:.:~ ~.-'~ .~:::.:.. ?'~:~.~:~:~:~:::<~:F~:.:~:~:':~:>~::::~:::::::::::``*:':::::::~:::::?~±~:~:~:~:?F~::::::~2~:<~::~T~ .O...!~,.:.::"~:.~:':~:&:.:~:~i~+':~:~i:i :::~:~.*.'::.: ~: ~::~ .'":!:.~ ~:?-!:~: ~:.:-";:i:!:~: ~:i ::' ~: i::S!: i:!:i:! :.":~:::'%'[ ~:~ .":i ~ :?~ :~-:::::8 ~.¢.' :::>. ?¢.'~ ~: ::i~i < ::::: :::: ~::: :::: "' :';: :::::::::: :: :::::::::: :::: :::::::: ~'::: :: :::~:~'~ ~: ::::::: ::::: ::: ~2:±:~::::::'~-"< >- ~- '*.; ~ :: :::: :: 2::: ~:: :::::: .<':::': ¢.:> ×' > :~+:':-:-?--:-:,:.:-:.: ~ :'~.::::: ¢!:~: :' :':':':':':':': ¢'' :':~"*: ¢':':'": <~'"' ?'"* :'?' ':' :' :' :' > · >:' ~":'"+:':' > :'·'+'¢'"'"'"'"'"' ::?.:~!:?! ! ";.':.i.'!~!N!.": :.:? .' ~'.'::'~.'.? .'-k:,.':::%'-:?.~::':' .:.-?-.-% ? :.'ii~-.',:iF [~¢~_~jzCj~..~.a~-~i~l~e~¢; A judge pro tempore of Bremerton Municipal Court shall recoiYe a salary for each hour in which the judge pro tom serves at a rate equivalent to the hourly salary of the Bremerton Municipal Court Judge. lbo municipal court judge may appoint one or more court commissioners under RCW 3.50.075. 1o utilize the services of judicial officers of the court for the purpose of hearing contested matters relating to the interest of the City and its citizens and the operation of 1 the various departments of the City, the office of headng examiner is created in the municipal court. Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day of ,2000. PASSED by the City Council of the City of Bremerton this ~ day of ,2000. CAROL ARENDS, Council President APPROVED this ~ day of ,2000. LYNN HORTON, Mayor A'I-I'EST: KATHLEEN McCLUSKEY, City Clerk H-3977.1 HOUSE BILL 2774 State of Washln~ton 56th Legislature 2000 Regular Session By Representatives Carrell, Constantine, Esser, Fortunato, Dickerson, Mulliken and Edwards Read first time 01/20/2000. Referred to Committee on Judiciary. ! AN ACT Relating to appointment of judges pro tempore; and a~ending 2 RCW 3.50.090 and 35.20.200. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 3.50.090 and 1984 c 258 s 112 are each amended to read 5 as follows: -~ ~ .... ~- appoint)) presidinq municipal court 6 The ((mayor ................. ~, 7 judge may designate one or more persons as judges pro tem ((w~ho shall 8 ee%)) to serve in the absence or disability of the ((re~--~lar)) elected 9 or duly appointed judge~ of ((a rranicipal)) the court ((or))= 10 subsequent to the filing of an affidavit of prejudice((, m~_ u==w=o 11 pro tem -~ ~ .... ~=~ - ~ ~ .... ~- ~= ' dg ........ ~ ........ t .......... w .......... lu e cf the 13 t-em)), or in addition to the elected or duly appointed judqes when th~ 14 administration of justice and the accomplishment of the work of the 15 court make it necessary. . The qualifications of a judqe pro tempore 16 shall be the same as for iud=es as provided under RCW 3.50.040 except 17 that a judge pro tempore need not be a resident of the city or county 18 in which the municipal court is located. Judqes pro tempore shall have 19 all of the powers of the duly appointed or elected judqes when serving p~ql HB 2774 1 as judges pro tempore of the court. Before entering on his or her 2 duties, each iudae pro tempore shall take, subscribe, mhd file an oath 3 as is taken by a duly appointed or elected judge. Such pro tempore 4 judges shall receive such compensation as shall be fixed by 8 of the appointing mayor)) ordinance bv the municipality ~n which the 9 court is located and such compensation shall be paid by the 10 municipality. 11 Sec. 2. RCW 35.20.200 and 1996 c 16 s 2 are each amended to read 12 as follows: 13 The ((mayor)) presiding municipal Court iudge shall, from attorneys 14 residing in the city and qualified to hold the position of judge of the 15 municipal court as provided in RCW 35.20. 170, appoint judges pro 16 tempore who shall act in the absence of the regular judges of the court 17 or in addition to the regular judges when the administration of justice 18 and the accomplishment of the work of the court make it necessary. The 19 ((~)) presidinq municipal court judge may appoint, as judges pro 20 tempore, any full-time district court judges serving in the county in 21 which the city is situated. ((m~^ ...~ 27 The te~ of office must be specified in writinu. While acting as judge 28 of the court= judges pro tempore shall have all of the powers of the 29 regular judges. Before entering upon his or her duties, each judge pro 30 tempore shall take, subscribe and file an oath as is taken by a 31 municipal judge. Judges pro tempore shall not practice before the 32 municipal, court during their te~ of office as judge pro t~pore. Such 33 municipal judges pro tempore shall receive such compensation as shall 34 be fixed by ordinance by the legislative body of the city and such 35 compensation shall be paid by the city except that district court HB 2774 p. 2 1 judges shall not be compensated by the city other than pursuant to an 2 interlocal agreement. p. 3 HB 2774 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: July 26:2000 Resolution #~-7. ~, regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of garbage and debris on the property ORIGINATOR: A! Duke located at 1512 Bradley Court. DATE SUBMITTED: 2. CLEARANCES: (Comnpexnt on back if 3. EXHIBITS: Fire Chief.' .~ ~ 1. Resolution # c~-~ C_!ty Clerk: _. 2. Clerk Report City Attorney. . . n 3. Photos Comm. Dev. IIir:. ~J[ ~ EN-DORSEMENT~ INFORMA/TIO~__ APPROVED BY OUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQIJIREMENT FOR COUNCIL ACTION: On June 14, 2000, an Order to Remove Refuse within 72 ltour~ was i~ued to the owner of the property located at 1512 Bradley Court, ordering the removal of pallets, carpeting, garbage and debris on the site. No action was taken by the owner of record, Norwest Mortgage, and the debris was removed by Community Service worker~ on June 29, 2000. Council must now decide if the fees are just and reasonable and how they should be collected. Fees are in the amount of $60ti.70. RECOMMENDATION: I move that Council pa~ Resolution # ,-~'~ ¢ ~:~, ordering that the fee~ incurred for the abatement of garbage and debris located at 1512 Bradley Court be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: ~ 17 5 2. CLEARANCE COMMENTS: 5. IMPACT OF NON=PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 1512 Bradley Court and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 1512 Bradley Court; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal judgmem against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 1512 Bradley Court, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $696.79 for the property located at 1512 Bradley Court, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of ., 20 CAROL ARENDS Council President ~Z BREMERTON FIRE DEPARTMENT $17 Paci~c Ave~e · Bmm~toa, WA. 98337 ~, (360) 478-5380 · FAX (360) 478-725'/ Memorandum DATE: July 11, 2000 TO: Paula Johnston, Deputy City Clerk FROM: Janet LUnceford, BDS II .x~-'/ RE: Public Hearing, 1512 Bradley Court CC: Al Duke, Fire Chief On June 29, 2000, Community Service workers removed garbage and debris from the property located at 1512 Bradley Court after the owner of record, Norwest Mortgage, failed to do so as ordered. The costs incurred for this action, including the administrative fees, totaled $696.79. I have scheduled a public hearing for July 26, 2000 for Council to decide how the fees should be collected. Jul-12-00 07:DBA Kitsap Comunity Resource 13607928735 P.O1 TO: Janet From: City CSW Subject:Garbage abatement at 1512 Bradley Number of man hours'- 7.5 x $6.so per ho.r -- $48.7S Nutnber of truck hours -2.5 x $7.oo pe~: hour Number of truck loads - 1 see invoice from landfill $30.56 Administrative Fee $600.00 Start date-06/29/O0 TOtal $696.79 End date-06/29/O0 ~4ny questions please call Kandi at the city CSW office 373-1898 exL 26 Thank You