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HomeMy WebLinkAbout08/23/00 AGENDA CITY COUNCIL MEETIN~ AGENDA AUGUST 23, 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 - August 9, 2000 (#AB00-187) 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. Appointment of Barry N. Cook as the City of Bremerton Representative on the Board Directors of the Kitsap County Public Facilities Distdct (#AB00-188) B. Appointment of Roy Mclnnis, Tina Davis, and Steven Berkowitz to the Community Development Block Grant Advisory Committee (#AB00-189) C. Professional Services Agreement with Karen Bertram of Garvey, Schubert & Barer; and Approval of Budget Adjustment (#AB00-190) D. Professional Services Agreement with Lane, Powell, Spears & Lubersky (#AB00-191 E. Renewal of Parking Services Contract with Diamond Parking, Inc. (#AB00-192) 10. RESOLUTIONS A. Resolution No. 2770, Establishing an Arts District in Downtown Bremerton (#AB00-193) 11. PUBLIC HEARING & ORDINANCES A. Ordinance No. 4718 (Second Reading), Approving Year 2001-2006 Six-Year Transportation Plan (#AB00-186) B. Ordinance (First Reading), Creating the Department of Building and Planning, and Creating the Position of Building and Planning Director (#AB00-194) C. Ordinance (First Reading) Repealing Ordinance Nos. 4708 and 4710 Regarding Kitsap Way/Weslon Place Rezone (#AB00-195) 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 "CAPITAL IMPROVEMENT PLAN" (POSTPONED FROM JUL ¥ 19 AND AUGUST 16). August/l'6, 2000 COMMENTS TO CITY COL~CIL August 15, 2000 COMMENTS TO PLAaNN-ING CON~SSION REGARDING OLD BUSINESS #1. Subj: :1533 Shorewood Drive originally Hansen Sign Co. Property DCD issued Resolution 2717 simmered on 14 July 1999 by Mike Shepherd - City. Council President. In the Minutes, based upon Tapes 1648 and 1649, The legal records for this public heating and Resolution 2719, prepared 22 September 1999 John Law is quoted "ONCE THE SIGN SHOP USE HAD BEEN DISCONTINUED FOR A PERIOD OF ONE YEAR OR MORE, THE USE OF THE SITE MUST REVERT BACK TO A USE CONSISTENT WITH IT'S RESIDENTIAL ZONING" MR. HOLAN CONFIRMED THE INFORMATION WAS CORRECT. Why is it that circa the fa-st of this month, the 1533 Shorewood drive property, was placed on the market - FOR SABLE - by Mr. Chang through RENLAX REALTORS ,vith the use listed as LIGHT LNDUSTRIAL. It appears that no FINDINGS OF FACT AND CONCLUSIONS AT LAW were ever issued and the COMPLETE AND CORRECT RESOLUTION WAS NE\"ER ISSL-ED - EVEN THGUGH REPEATEDLY REQLrESTED THRU THE CITY' ATTORNEY'S OFFICE AND DCD. The correct resolution should have been filed in the Court House (Port Orchard) providing constructive notice to the public. The Citw' has walked away from this matter - without offering proper closure. #2. Subject: 1409 Madrona Point Drive - the Wes Henry, Appeal(s) Minutes of the Planning Commission meeting of 16 May, 2000 approved and si~ed on 18 Jul),. 2000 by William Palmer of DCD and Jerry.' Griggs - Chairman of the Planning Commission. These minutes are in error. According to the official tapes of that meeting a motion was made to RESCIND THE DEN'IA_L OF THE APPEAL OF BUILDING PEP, aX, UT 99-0151. The Ylinutes, on the other hand state that a motion was made DENXTNG ~ APPEA_L OF BU~I~LDING PERMIT 99-0151. This was brought to the attention of DCD after the Draft Minutes were issued - AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: AUGUST 23, 2000 ORIGINATING DEPT: CITY C0UNC!L MINUTES OF MEETING - AUGUST 9, 2000 ORIGINATOR: CAROL ARENDS~ PRESIDENT DATE SUBMITTED: AUGUST 11, 2000 2. CJi: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: ~ ~ 4. SUMMARY STATEMENT AND REQtJIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED ~ AMEI~ __~ COUNCIL DIRECTIVE: DATE: ~ 11. AGENDA BILL NO: (~O - / 97 2. CI,,EARANCE COMMENTS: 4. SUMMARY STATEMENT (.continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1717 UNAPPRIOVED DRAFT CITY COUNCIL MEETING MINUTES August 9, 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, August 9, 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, Deputy City Clerk Paula Johnston, and Legislative Assistant Lod Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Reverend Fred Gamy of Summit Avenue Presbyterian Church. 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) City Council will adjourn to the Council Conference Room immediately following the regular meeting tonight for a 30-minute Executive Session (closed to the public) to discuss a "Review of Personnel Performance" per RCW 42.30.110(1)(g); followed by a Study Session (open to the public) to discuss a "Proposal for City Department Re-Organization". CONSENT AGENDA (There were no Consent Agenda Items this meeting.) CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.060, 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. #0020 M/S/C/U (Law/Reed) On August 9, 2000, the Council does approve for payment those vouchers included and further described as follows: 244017 through 244152 in the amount of $316,637.08; and Regular Payroll for the period ending July 31, 2000, in the amount of $976,874.03. COUNCIL MEMBER REPORTS Mike Shepherd was happy to be back after spending a week in Washington D.C. He reported on several recent activities in Evergreen Park; including a Salmon Derby sponsored by the Poggie Club. Ed Rollman cautioned citizens to be prepared for traffic delays at 6th & Highland, between 8:00 A.M. and 4:00 P.M. from August 7 - 25, while the City continues to replace the sanitary sewer main. He also provided a brief report on "Wandering Wally", a stellar sea lion who napped on the Bremerton Boardwalk most of Tuesday afternoon. John Law reminded citizens of District 3 that no Neighborhood Meeting would be held during the month of August, but a meeting was planned for September 19, 2000. Cecil McConnell stated that flyers were again being distributed in various neighborhoods of the City, soliciting homeowners to have their house numbers painted on their curbs. However, City Fire and Police Departments have reported their preference to have house numbers up on the house due to the possibility of a parked car blocking the house numbers if on the curb. President Arends also viewed the visiting sea lion, which she noted, was quite a curiosity! TAPE #1717 City Council Reg. Mtg. Minutes August 9, 2000 Page 2 of 4 MAYOR'S REPORT Mayor Horton reported on her recent trip to Chicago, but was glad to be home. She cautioned the publicthat the sea lion was. awild animal, and even though the public was welcome to view him, they should notattempt to touch him or get too near. Carl Glaser accepted a Proclamation declaring August 9, 2000 as the "8~ Annual Siblings Day". Anna Thomas, the Miss Kitsap Year 2000 Fair & Rodeo Queen was introduced, who discussed her role of promoting Kitsap County throughout the State of Washington. She also discussed some of the new exhibits available at the Fair this year, from August 22 -27, and Rodeo from August 23 - 26. Robert Battan, Chairman of the City of Bremerton & Kure, Japan Sister City Exchange Student Program, introduced: two of the Year-2000 Sister City Exchange Students, Shihoko Mukai with host family Melvin & Kimi I-lamm, and Miyuki Okada, with host family Burt 8, Robin Cardell (a third student. Mai~ likawa and host family James & Hiroko Knighten were not present). He encouraged any citizens interested in participating in the program to contact the Mayor's office at 478-5266. Mayor i-lorton thanked all those who volunteer their own time to help make this program a success. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Del Knauss urged the Council to put a vote to the people to maintain RCW Title 35 (not Title 35A as originally requested), but with a Council & City Manager form of government. 9A - ORDINANCE (FIRST READING) ESTABLISHING BICYCLE HELMET REGULATIONS AND CREATING A NEW CHAPTER 10.14 OF THE BREMERTON MUNICIPAL CODE (BMC), (#AB00- 179): Chief Rob Forbes, of the Bremerton Police Department, summarized that this Ordinance would make it mandatory for all citizens operating bicycles in public areas within the City to wear bicycle helmets. The intent of the Ordinance is to make the public aware of the need to wear helmets when riding. The "Safe on Wheels" committee brought this issue to the attention of the Bremerton Police and Fire Departments. After being involved in several meetings, it became clear to the Police Department that this was an Ordinance that was of great value to public welfare and safety, and that the Department wanted to see it enacted. Lt. Thomas Wolfe provided facts and statistics to support the need for bicycle helmets, and included a brief history on the origination of this "educational" ordinance. He discussed a grant recently received by the City to assist the public in obtaining bicycle helmets for everyone who needs them. A program to receive an ice cream for those wearing helmets was announced. Shirley Wise and Stan Plyer also provided information in support of this ordinance. Citizens who spoke in favor of this ordinance: John Leigh; Robert Smith & Mrs. Smith; Mrs. Elizabeth Majia; Shirley Wise who also handed out an information packet and Fact Sheet on the importance of Bicycle Helmets; and Renee & daughter Tiffany Correy. Mr. McConnell referred to section 10.14.020 of the ordinance, and questioned the use of "16-inches for the diameter of wheels" under the definition of "bicycles". He also offered his suggestion to change the $25 penalty for non-compliance to an "educational deterrent" such as a requirement to view the damage caused to those who were in accidents and not wearing a helmet. Lt. Wolfe stated the ordinance was copied from a current ordinance from the City of Poulsbo, but he would research the choice of 16-inches for the diameter of bicycle wheels; and reassured Council that the main use of this ordinance would be for educational purposes. TAPE #1717 City Council Reg. Mtg. Minutes August 9, 2000 Page 3 of 4 Mr. Shepherd raised issues of exclusive statutory assessments; and legal requirements of the statutory civil infractions. Mr. Fan' expresse(l mixed-feelings on "passing a law" for "educational purposes". Mr. Reed clarified for the public that this ordinance only applied to those dding in public areas, it did not apply to children dding in their back yard. He urged the Police Department to use this ordinance as a last resort. Mr. Law stated that it would be detrimental to not also include adults, since most children look to adults for guidance. He believed that the City would save money with less serious calls to the Fire and Police Department in bicycle-related accidents. #1823 M/S/C/U (McConnell/Rollman) Move to approve on first reading an ordinance establishing bicycle helmet regulations and creating a new chapter 10.14 of Bremerton Municipal Code. 10A - APPOINTMENT OF JESSlCA KENNEDY TO THE PLANNING COMMISSION. (#AB00-180)- Mayor Lynn Horton, announced that there are two vacancies on the Planning Commission and is recommending that Jessica Kennedy be appointed to fill one of the vacancies due to her expertise on real estate and zoning issues. There were no questions or comments from the public. Mr. Fart thanked Ms. Kennedy for her willingness to serve on this Committee, and also for her work in the Anderson Cove area. #1980 M/S/C/U (Shepherd/Olsen) Move to confirm the appointment of Jessica Kennedy to the Planning Commission. 108 - BID AWARD FOR THE WARREN AVENUE PLAY FIELD, (#AB00-181): Jodi Wroblewski, Assistant Parks & Recreations Director, mentioned that bids were opened on July 25, 2000 for the Warren Avenue Play Field Improvement Project. A total of two bids were received and the Iow bidder is Golf Landscaping and Construction, Inc. from Puyallup, WA for the lump sum cost of $87,600.00. The total contract amount including Washington State Sales Tax is $94,783.20. The City was awarded an lAC Grant for $61,031.00, which will be matched with Roosevelt Trust Fund monies in the amount of $74, 188.00 to cover the cost of this park improvement. There were no questions or comments from the public. #2040 M/S/C/U (FarflMcConnell) Move to approve the contract to Golf Landscaping & Construction, Inc., for the lump sum amount of $87,600.00. 10C - PROFESSIONAL SERVICES AGREEMENT WITH KCM, INC. FOR DESIGN AND CONSTRUCTION SERVICES FOR WEST 540 PRESSURE ZONE IMPROVEMENTS, I#AB00-182)' Bob Earl, summarized that in 1997, the City contracted with KCM, Inc. for design and construction phase services for the West 540 Pressure Zone project. KCM, Inc. was selected from the City's consultant roster and has demonstrated ability in planning and design of water transmission and distribution facilities meeting criteria established by the City and State and Federal agencies. In 1998, after completion of the first of three phases of work, the City elected to terminate KCM's professional services agreement because commercial/industrial development activity in the project area was not proceeding. Development within the project area is now moving forward and staff is TAPE #1717 City Council Reg. Mtg. Minutes August 9, 2000 Page 4 of 4 seeking approval of a professional services agreement for the design and construction phase services that were cancelled in 1998. The consultant's estimated fee for these services is $247, 800. The action before City Council is approval of an agreement for professional services with KCM, Inc. There were no comments or questions from the public. ~t'2350 M/S/C/U (Reed/McConnell) Move to approve a professional services agreement with KCM, Inc. for design and construction phase services for the West 540 Water Pressure Zone Improvements, in the amount of $247,800 and authorize the Mayor to execute the same. With no further business, meeting concluded at 6:40 P.M. City Council then adjourned to the Council Conference Room for a 30-rninute Executive Session to disctm~"Review of Personnel, Performance" per RCW 42.30.110(1)(g); followed by a Study Session to discuss "Proposal for City Department Re-Organization". PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJICNIslcg c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: August 23, 2000 Appointment of the City of Bremerton Representative ORIGINATING DEPT: Executive On the Board of Directors of the Kitsap County ORIGINATOR: Mayor Horton Public Facilities District DATE SUBMITFED: August 17, 2000 2. CLEARANCES: (comment on back if necessary) 3. E.XHIRITS Application for Appointment ENDORSEMENT,X? INFORMATION COUNCIL PRESIDENT ~~' APPROVED BY COUNCIL PRE~IDENTE0'R SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: It is recommended that Barry Cook be the City of Bremerton representative on the Board of Directors of the Kitsap County Public Facilities District. 8. RECOMMENDATION: Motion to confirm the appointmem of Barry Cook to the Board of Directors of the Kitsap County Public Facilities District. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED __ APPROVED DISAPPROVED E~~E~ED COUNCIL DIRECTIVE DAT 11. AOENDA BILL NO: 00 - I ~¢ '7 2. Ct.EARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL 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: 8/15/00 NAME: Barry N. Cook HOME PHONE: 373-1081 HOME ADDRESS: 6009 Harlow Dr. Bremerton STATE: Wa ZIP CODE: 98312 OCCUPATION: Aero Space EMPLOYER: Lockheed Martin Missiles & Space WORK PHONE (360) 396-6942 E-MAIL: barry.cook@Imco.corn FAX: (360) 396-6773 BUSINESS ADDRESS: Trident Facility SWFPAC, Silverdale Wa. 98315 BLDG 6589 EDUCATION: High School Diploma, I year of college LOCAL REFERENCES (name & phone number): Les Eathrone (360) 377-0514 Jim Spencer (360) 779-2400 Brant J. Gibler (206) 842-2964 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 (x) Other County Wide Parks & Recreation Is this an application for reappointment? No If yes, how many years have you served on this commission/committee? Please turn page WHY ARE YOU APPLYING FOR THIS APOINTMENT? I'm interested in Parks and Recreation and giving back to my community. WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: My interests in this position are based on my belief that Parks & Recreation play a big role in every community. I believe our City and County are prime areas for greater recreational development. HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: YES Parks & Recreation Commision PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): I have served on the Bremerton Parks & Recreation Commission for the past four and a half years, three of those years as the Chairman of the Commission. I am currently severinq as the Chairman of the Y2R Committee. The Y2R Committee is pursuing building a new Community Center for Bremerton. WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? My main interest is in recreation for our community. I'm an avid golfer and involved in developing buildinq expansion plans and funding for our church. We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4th Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor~ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointments to the Community FOR AGENDA OF: August 23, 2000 Development Block Grant Advisory Committee ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: August 17, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS Applications for Appointment ENDORSEMENT )<[ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: It is recommended that this year's Community Development Block Grant Advisory Committee have the following members: Roy McInnis Tina Davis Steven Berkowitz 8. RECOMMENDATION: Motion to confirm the appointment of Roy McInnis, Tina Davis and Steven Berkowitz to the Community Development Block Grant Advisory Committee. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED .~.,aND ED COUNCIL DIRECTIVE DAT~ 11. AGENDA BILL NO: _00 - [ 8~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BIfDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL CITY OF BREIVIERTON APPLICATIQN FOR CITY BOARDSICOMMISSIONSICOMMI'I~ ~OTE: As an applicant for a Ci~ Board, Commission or Commi~ee, your name,~d.dre~.,.. telephone number will be available to the press and public. You will b~"contacted before any ~ctien is taken on your nppoint~ent. ~Please type or print clea,ly) DATE: ~). ~JN~'~~''''~'~J1 NAME: _ PHgNE: 77-- / tH) HOME ADDRESS: ~_~ I( ~~ ~ ~ (W) OCCUPATION: ~~ ... PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): .S / I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Committee ( ) Planning Commission (18 yrs. & older) I ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Cqmmittee ( ) Ethics Commission ()/ Cable Communications Advisory Committee () Parking Advisory Board Community Development Block Grant ( ) Solid Waste Management Advisory Committ. ee ( ) Bremerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Street.~ Steering Committee ( ) Speciai' Committees as needed (~.)'~'Citizen's Commission on Council Salaries Is this an applica'tion for reappointment?~.z~ If yes, how many years have you served on this commission/committee? PLEASE RETURN TQ' Mayor's Office 239 4th Street Si~n~e ' Bremert0n, WA 98337 Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. Cl~ OF BREMERTON APPLICATION FOR' cn'Y 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: ~),~ c~ /~/~ HO~E ADDRESS: ~) ~C /~, ~ ~ LL~ ~ (W) OCCUPATION: ~C t~C ~~ ~'. ~ ,. ~? ~,,- ~'//d ~ % ,~- ~ / /_~_. ,': c .~'./'~ ~' ~:,/:-?, PROFESSIQNAL/COMMUNI~ ACTIVITIES: LOCAL REFERENCES (name & phone number): 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 ( )] Cable Communications Advisory Committee ( ) Parking Advisory Board (~f Cemmunity Development Block Grant ( ) Solid Waste Management Advisory Committae (~ 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 applica{ion for reappointment? If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office : /'!' /-!/? 239 4th Street Signature Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. ~, . ........ APPLICATION~ FOR CI~~' BOARDS/COMMISSIONS/COMMITTEE NOTE: As an. applicant fora City. Boa;d, Commission or Committee, your name, address, and ..... telephone" numb~'~w~l} b~bTaVai£;ible tb the 'press and"'l~§lic; r Y~'~'*will' bd"~ontacted before any action is taken on your appointment. , (Please type or print clearly) DATE: HQMF_ADDRESS~Q<D~C...~.~-o~<~L .~ ........ STATe~ WORK PHONE: ~G~ 5q~tq~{ E-M~L:SaSec~;~ F~:3~o BUSINESS ADDRESS: ~5oo:~dcici,n (~,[l ~& ~'h~('~'~ LOCAL REFERENCES (name & phone number): ~ 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? ~ If yes, how many years have you served on this commission/committee? Please turn page WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YO~J SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): ~ WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? 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-maih mayor~ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SDBJECT: FOR AGENDA OF: August 23, 2000 Professional Services Agreement ORIGINATING DEPT: Legal add Budget Adjustment ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: August 16, 2000 2. ./~.~ANCES: ~C~mment on back if necessary) 3. EXHIBITS: ~ 4~-~ ~-~/--za--~~-~/~_w~ Professional Services Agreement: CIT~TTORNEY Garvey Schubert & Barer ~l~cal ~& Budget Committee~ Budget Adjustment ~~.,~~.'~- ~ ._/.,,.~//[,./ (Will be distributed 8/23/00) Opera~ions Coraraittee~ ENDORSEMENT INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SU~%RX STATEMENT ~ REQUIP~ FOR COUNCIL ACTION: The City would like retained counsel to provide legal services with regards to litigation against Foster Pepper & Shefelman based upon their representation of the City in lawsuits arising from the Wastewater Treatment Plant. 8. RECOMMENDATION: Record Motion: 1. Motion to approve a professional services agreement with Garvey Schubert & Barer to represent the City in its claims against Foster Pepper & Shefelman for an amount not to exceed $190,000 until December 31, 2002. 2. Motion to approve budget adjustment increase to the Public Works & Utilities department to provide for funding of the Garvey Schubert & Barer professional services agreement. 9. RESPONSIBLE OFFICI~tL: E~TFORCE~ OFFICI~tL: EXPIRATION DATE: 9 C REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: co ciL nI C iV : No.: Oh - 0 5. IMPACT OF NON-PASSAGE: City would not seek recovery from the law firm, which did not provide adequate legal representation to the City during the course of lawsuits arising from the City's Wastewater Treatment Plant. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: A budget adjustment will be required. It is expected that the City's recovery will far exceed the expenditure for the Professional Services Agreement. 7. RESEARCH SOURCES: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: WASTEWATER Adjustment Number: O0 - 19 Approval Authority Required: r-]Treasurer F-~May°r r- Fiscal & Budget ~'~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Proceeds of Property Sale 40,000 Professional Services - Outside Counsel 40,000 NARRATIVE: This adjustment will allocate a portion of the proceeds from sale of real property in the area of the WWTP to retain outside legal counsel to pursue claims made by the City. Department Head Signature Date Director Signature Date Treasurer Comments: F~ Recommended ~ Not Recommended ~ Treasurer's S igna~tuf-e__~ Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied M~u~'re /~~ Date Fiscal & Budget Committee Comments: Fiscal & Budget Committee Signature Date PROFESSIONAL SERVICES AGREEMENT GARVEY SCHUBERT & BARER The City of Bremerton ("City") and Karen Bertram, Garvey Schubert & Barer ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Retained Counsel will perform necessary legal services and support with regards to mediation in the claim against Foster Pepper & Shefelman under the direction of the City Attorney. If the Scope of Work provides for unspecified additional services, the City may request, such services shall only be performed upon the express, written request of the City Attorney. H. Term: This Agreement commences on the date of execution and terminates on December 31, 2002. IlI. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed One Hundred Ninety Thousand Dollars ($190,000) as allocated below: *For the year 2000: An amount not to exceed Forty Thousand Dollars *For the year 2001: An amount not to exceed One Hundred Thousand Dollars *For the year 2002: An amount not to exceed Fifty Thousand Dollars 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 fi.om and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting fi.om actions, claims, and lawsuits arising 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 fi.om the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the City, 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. Bremerton/Garvey, Schubert & Barer 08/15/00 - Page 1 B. Entire Agreement: This Agreement and its Exhibits 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. E. Notices: Notices shall be in writing and delivered to the following addresses: Glenna Malanca Ms. Karen Bertram City Attorney Garvey, Schubert & Barer 239 Fourth Street Second & Seneca Building, 18t~ Floor Bremerton, WA 98337 1191 Second Avenue Seattle, WA 98101-2939 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. VII. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the // // Bremerton/Garvey, Schubert & Barer 08/15/00 - Page 2 non-performing Party. Upon termination the City will be emitled to reports showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON GARVEY, SCHUBERT & BARER By: Lynn S. Horton By:. its: Mayor its: APPROVED AS TO FORM: GLENNA MALANCA City Attorney Bremerton/Garvey, Schubert & Barer 08/15/00 - Page 3 AGENDA BI~ BREMERTON CITY COUNCIL 1. SUB,CT: FOR AGENDA OF: August 23, 2000 Professional Services Agreement ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: August 16, 2000 2~?~m~RAN~S:~(Comment on back if necessary) 3. EXHIBITS: ///~/~"~/~~ ~ Professional Services Agreement: .~..~/~/~i../.~ _~z-/~/_~ ~ ~/---- Lane Powell Spears & Lubersky ~ s c a t&/~ud~ V Commit t ~ ~pera~ons Committee'/ ENDORSEMENTS'INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. 8u~M~R~ STATF~w~.NT AND ~QUIREMENT ~R COUNCIL ACTION: The City would like retained counsel to provide legal services with regards to David Blair, et al., v. Rasmussen, et al. arising from the Nove~er 13, 1997 Kona Village fire. Upon occasion a law firm is asked to provide services based on their expertise on current issues involving the City and are asked to extend their services for additional case when the City is satisfied with the current services being received. 8. RECOMMENDATION: Record Motion: Motion to approve a professional services agreement with Lane Powell Spears & Lubersky for an amount not to exceed $35,000 until December 31, 2000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTIO~ PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: 2. C~.m~WANCE COMmOn, TS: 5. IMPACT OF NON-PASSAGE: Overload upon City resources to detrimental of other responsibilities. City's effective representation would require additional staff assigned to Legal department due to the extensive amount of documents involved in this complex litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIESf EQUIPMENT OR OTW~.R RESOURCES: 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT LANE POWELL SPEARS LUBERSKY The City of Bremerton ("City") and Barry N. Mesher, Lane Powell Spears Lubersky, LLP ("Retained Coun.qel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Retained Counsel will perform necessary legal services and support with regards to David Blair, et al. v Rasmussen, et al. which the City of Bremerton is a defendant, under the direction of the City Attorney. If the Scope of Work provides for unspecified additional services, the City may request, such services shall only be performed upon the express, written request of the City Attorney. H. Term: This Agreement commences on the date of execution and terminates on December 31, 2000. IH. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel the following hourly rates: Senior Partners Two Hundred Dollars ($200) Junior Partners (1-5 years) One Hundred Eight Dollars ($180) Associates One Hundred Sixty Dollars ($160) First Year Associates One Hundred Forty-five Dollars ($145) Paralegal Ninety-five Dollars ($95) for all services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rates. This agreement shall not exceed Thirty-five Thousand Dollars ($35,000). 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 arising 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 l~om the acts or failures to act of the City. Bremerton/Lane Powell Spears Lubersky 08/14/00 - Page 1 V. General Conditions: A. Reports and Information: When requested by the City, Retained Counsel shall furnish periodic repons and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there is no other agreements, written or ora[, thai 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. E. Notices: Notices shah be in writing and delivered to the following addresses: Glenna Malanca Mr. Barry N. Mesher City Attorney Lane Powell Spears Lubersky 239 Fourth Street 1420 Fifth Avenue, Suite 4100 Bremerton, WA 98337 Seattle, WA 98101-2338 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. VII. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party,. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the Bremerton/Lane Powell Spears Lubersky 08/14/00- Page 2 ~.~ terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON LANE POWELL SPEARS LUBERSKY By: Lynn S. Horton By: its: Mayor its: APPROVED AS TO FORM: GLENNA MALANCA City Attorney Bremerton/Lane Powell Spears Lubersky 08/14/00 - Page 3 AGENDA BILL BI~EMERTON CITY COUNCIL 1. SUBJECT: Renewal of Parking FOR AGENDA OF: August~, 2000 ~ Services Contract with ORIGINATING DEPT: Admin. Services~<~/ Diamond Parking Inc. ORIGINATOR: Paula Johnston )~ DATE SUBMITTED: July 31, 2000 ~ 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Contract A,d?in. Svcs. ~~~ Staff Report Clty Attorney ~~ /~-~{~; / Revenue Charts Police Chief ~~- ~ ENDORSEMENT / INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Staff recommends that the City renew its contract with Diamond Parking for an additional O~we-year~ to manage the City's parking enforcement program for city streets and parking facilities. Diamond's performance under the current two-year contract has resulted in: · Increased parking revenue (see attached charts) · More effective on-stree5 enforcement with increased citations issued · Aggressive enforcement of abandoned vehicle tows The major changes in the proposed contract are: · Addition of 60 personnel hours per month to manage the Boardwalk parking loss that were reopened in June 2000 · One 3.8% CPI increase encompassing ~h-year~ of the proposed contract · Diamond will purchase the three parking scooters they are currently leasing from the City and then contract with Fleet Maintenance to maintain them. 8. RECOMMENDATION: ~ Move to renew the one year contract with Diamond Parking Inc. to provide city parking enforcement services and authorize the Mayor to execute same. ~ Move to authorize the disposal of parking vehicles 1432, 1435 and 1436 pursuant to city policies and procedures. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED~~:NDED COUNCIL DIRECTIVE: DATE: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: City would have to plan and manage a new parking enforcement program. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Yearly increase in fee paid to Diamond - $21,204.00 7. RESEARCH SOURCES: July 28, 2000 To: Mayor Horton City Council Members From: Paula Johnston, Deputy Clerk~'/ (-~ Capt. Ron Mox, Operations CoYnmand'-~ Jr L Re: Diamond Parking, Inc. Contract Renewal Staff recommends that the City renew its contract with Diamond Parking for an additional one year to manage the City's parking enforcement program for city streets and parking facilities. Diamond's performance under the current two-year contract has resulted in: · Increased parking revenue (see attached charts) · More effective on-street enforcement with increased citations issued · Aggressive enforcement of abandoned vehicle tows The major changes in the proposed one year contract are: · Addition of 60 personnel hours per month to manage the Boardwalk parking lots that were reopened in June 2000. Staff recommends that we increase contracted hours for this additional task instead of re- allocating current monthly hours of enforcement. · One 3.8% CPI increase. There was no CPI increase in the current two year contract. · Diamond will purchase the three parking scooters they are currently leasing from the City and then contract with Fleet Maintenance to maintain them. Proposed Monthly Fee for Two Year Contract: * Current Monthly Fee Paid $15,444.92 * 3.8% CPI 575.50 * Boardwalk Parking Lot Enforcement 809.58 * Scooter Maintenance 382.00 NEW MONTHLY FEE $17,212.00 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT between the City of Bremerton, a municipal corporation (hereinafter referred to as "City"), and Diamond Parking, Inc., a duly organized corporation, (hereinafter referred to as "Diamond"), WITNESSETH: 1. SCOPE: In exchange for compensation as provided below, Diamond shall provide parking regulator services, enforcement of parking ordinances and management and operation of City owned parking facilities in the City of Bremerton, as fully described in Attachments I, II, and III which herewith are fully incorporated in this Agreement as though fully set forth herein. 2. TERM: This agreement shall commence Au,3ust I0,1998 Aug~.~zs&~0~, 2000 and end August 9, 2000 August 10, 2001. T~eem~sh~l~b~fo~a~pe~t~OfOn~(¢) year. This Agreement may be terminated for cause if Diamond fails substantially to perform through no fault of the City and does not commence correction within five (5) business days of written notice and diligently completes the correction thereof. In which event all finished or unfinished documents, reports, or other material or work of Diamond pursuant to this Agreement shall be submitted to City, and Diamond shall be entitled to just and equitable compensation at the rate set forth in Paragraph 3 for any satisfactory work completed prior to the date of termination. The City may terminate this agreement for convenience with 90 days notice to Diamond. 3. COMPENSATION: For services provided under this Agreement, City shall pay Diamond, on a monthly basis, Fifteen Thousand,.,,,~'"--, ,u,,,~, ~,., ' "'-"---' Forty-four o,--",,., ""~'~"~'~-,, ,,,, ~.v,,~, o ~e, .,, ,...o~j Seventeen Thousand Two Hundred Twelve and No~lO0 Dollars ($17,212.00). City shall pay said monthly fee on or before the 15th day of each month for services provided through the last day of the preceding month. 4. DISCRIMINATION AND COMPLIANCE WITH LAWS: a. Diamond agrees not to discriminate against any employee or applicant for employment on any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. b. Violation of this Paragraph 4. shall be a material breach of this Agreement and grounds for cancellation, termination or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 5. OWNERSHIP OF WORK PRODUCT: All data, materials, reports, memoranda, and any other documents developed under this Agreement whether finished or not shall become the property of the City, and shall be forwarded to the City at its request and may be used by the City as it sees fit. The City agrees that if it uses products forwarded by Diamond for purposes other than those intended in this Agreement, it does so at its sole risk and agrees to hold Diamond harmless therefrom. 6. LICENSES AND TAXES: Diamond shall possess a current Bremerton City Business License and any regulatory license(s) required to fulfill the obligations of this Contract. Business and Occupation Taxes shall be paid when due and Diamond, by this Agreement assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been, or may in the future, be declared delinquent. City is responsible, for'taxes on gross-revenues on City parking locations. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Diamond shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $1,000,000.00 per occurrence and automobile general liability insurance coverage of at least $1,000,000.00 per occurrence. The City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Diamond shall include all subcontractors as insureds under its policies or shall require subcontractors to provide their own coverage. All coverages shall be subject to all of the requirements herein stated. Diamond also agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, adsing or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Diamond, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS a. Assignability: Diamonds shall not assign any interest in this Agreement and shall not transfer any interest in same (either by assignment or novation) without the prior written consent of the City thereto, which consent shall not be 2 unreasonably withheld; provided, however, that claims for payment under this Agreement may be assigned. b. Extent of Agreement: This Agreement, together with Attachments I, II, III and Exhibits A, B, represents the entire and integrated Agreement between the parties hereto and supersedes all pdor negotiations, representations, or agreements, either wdtten or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties hereto. c. Notices: Any notices required to be given by the City to Diamond or by Diamond to the City shall be in wdting and delivered to the following parties at the addresses listed. City Clerk Jon Diamond City Manager City of Bremerton Diamond Parking Diamond Parking 239 4th Street 3161 Elliot Avenue P.O. Box 809 Bremerton, WA 98337 Seattle, WA 98121 Bremerlon, WA ~7 d Waiver: Failure by the City to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. e. Compliance with Federal, State and Local Laws: Diamond agrees to comply with all applicable local, state, federal laws in performance of all services under this Agreement. f. Applicable Law; Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Supedor Court. The agreement is further subject to any applicable laws of this State. Any mandate of a State law shall supersede all provisions herein. 9. RELATIONSHIP OF PARTIES: The parties understand and agree that Diamond is a firm skilled in matters pertaining to enforcement of parking ordinances and Parking facility management and will perform independent functions and responsibilities in the areas of its particular field of expertise. Diamond and its personnel shall act as independent contractors and not employees of the City. As such, they have no authority to bind the City or control City employees, contractors or other entities. In the performance of duties and obligations of this Agreement, Diamond shall work under the direction of the Administrative Services Director of the City or her designee. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. 3 CITY OF BREMERTON DIAMOND PARKING DATE: DATE: LYNN S. HORTON, Mayor RECEIVED FOR FILING: PAULA JOHNSTON, Deputy City Clerk DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, Administrative Services Director APPROVED AS TO FORM: GLENNA MALANCA, City Attorney 4 ATTACHMENT I GENERAL PROVISIONS A. Vehicles D~amond '":" ' ............. ' ---,~ .... u,,o rG~eR~ a~ u,~ ,a~ u, Two ~ "'-~--~ --~ --'~ /~ ~ ...... '~ Diamon~ m~~~ ~'~~~in~uding Fo, ,,,u,,-,. is~ for regul~o~ vehicl~; use¢ in ,pe~ance ¢o~s~¢e~~~; 1. All vehicles used by enforcement personnel shall be clearly identifiable as pe¢orming parkin9 enforcement. 2. Vehicles shall be operated at all times in compliance with all state and local motor vehicle laws. 3. The rear of all patrol vehicles shall have a sign warning of frequent vehicle stops. 4. The City agrees to maintain- Diamond~s regulato~:vehicle~ under the following conditions: a. In consideration for the services provided, Diamond shall pay the City the actual cost of parts, supplies and subcontracted repairs used in the maintenance and repair of Diamond vehicles, together with shop time at the rate of Fifty and No~lO0 Dollars ($50.00) per hour for the time spent in performing the repairs and maintenance. b. Preventative maintenance of Diamond's vehicles will be performed a~ the same intervals and to the same standards as the City's non- emergency vehicles. Other repairs will be performed on an as needed basis. c. The City will provide Diamond with an invoice and supporting documents on a monthly basis. Payments will become due thirty (30) days after mailing by the City. d. The City will provide Diamond ninety (90) days notice of discontinuation of maintenance of any vehicle due to end of feasible service life upon which the City will no longer maintain the vehicle under the above terms. e. The City will honor current rate/repair schedules and fees for the term of the agreement. 5 5. Foot and bike enforcement may be used by personnel in lieu of vehicles, as long as adequate patrol area coverage is maintained and compliance is met with all State and Local pedestrian and bicycle laws. B. Personnel and Staffing 1.Diamond will maintain staffed office hours as follows: Monday through Friday, 7:30 a.m. through 6:00 p.m. 2. Diamond will staff on/off street parking regulation and ~ maintain enforcement hours ~,o ,,.,,,u,o. as. directed by the City. -- r~.' ........ ,J _E_II .~,.~A q /"t F -I- r- ir-..11 0.. I. JIGIIIUIIU 011~111 ~/IUVIU~ d.U I . I .L--. ~1 Mil I III1~ L..~,~MIV~II~II%/ ~' Time/Day - Enforcement ~-'--' '"'"-' u. r~uu, ~u~y J Jour8 -,.~, a.m. ,,: ,.~ p.m., ~v~on. ,L_ rri.* ,u.uu c~.,,,. ~u ~.uu IJ.,,,., ~c,u,,uay 8 34 o.,~, a.m. ~,., ,.u,~ p.m., 4 17 I IGbl~OOC:ll y {.JUl OlUC31 I1 ll,~l q,.~Z;;q~tlkJI I Iq,.~lJq;:;1,~lCZII F { l,,.JV I,;:llkJI 10! L./I ti I10 l~...~l ~;;I2;:1 t I1~1 iL. a. On Street Enforcement - patrolled with 505 hours monthly as follows: 1) Emphasis hours to be performed during peak parking and collection demand times. 2) Minimum of two weekday early shifts beginning at 4 a.m. per month. 3) Minimum of two weekday late shifts ending at 8 p.m. per month. 4) Minimum of three hours per weekend for collections and patrols. b. Off Street Enforcement - patrolled with 104 hours monthly as follows: 6 1) Enforcement ofeach offstreet parking location 365 days per year (every day). 2) Enforcement at a minimum of three hours per each weekendday. 3) Enforcement at a minimum of four hours per each weekday. Adjustments to hours of enforcementand/or routes will be made as necessary pursuant to Section ! Special Provisions of this agreement. 3. Diamond will be responsible for all aspects of recruitment and selection of parking enforcement personnel. a. Individuals selected to~enforceonstreetregulationsmust qualify for a Limited Commission from the City of Bremerton Police Department. b. Diamond shall employ only persons competent and skilled in the performance of the work assigned to them and shall provide skilled and responsible supervision of such persons. c. Diamond's employees must be in reasonably good health and taking no medication that would tend to effect work performance. d. Diamond's employees shall not carry a firearm or any type of weapon while on duty. e. Diamond's personnel shall be polite and courteous to all citizens. Confrontations are to be avoided if at all possible. f. Diamond's employees shall be required to speak and write English so that they may be easily understood. g. Diamond's employees are not to imply that they are Police Officers. h. Diamond's employees shall comply with all existing state and local motor vehicle laws while operating in the City. 4. Limited Commission - Diamond shall provide City of Bremerton Police Department with all personnel information required for issuing a Limited Commission. The City shall review all background forms and information gathered on prospective enforcement employees prior to authorizing issuance of a Limited Commission. The following criteria are used in determining eligibility for a Limited Commission: 7 a. Possession of a high-school diploma or G.E.D. Certificate. b. Physical and mental capacity for performance of duties. c. Ability to give and follow oral and written instructions in English. d. Ability to effectively communicate with public and City officials. e. Ability to remain calm and use good judgement and initiative in an emergency. f. Successful completion of a background check for outstanding warrants or any felony convictions or misdemeanors involving theft. g. Successful completion of reference check. h. Possession of a current and valid Washington State Ddver's License. i. No record of ddver's license suspension or revocation. 5. Revocation of Limited Commission - Diamond is responsible for discipline and/or termination of employees with Limited Commissions. If commissioned, Limited Commissions may be revoked by the City under the following circumstances: a. False information on application or provided during the interview process, or discovery of information that, in the opinion of the Police Department would otherwise disqualify the person from consideration. b. Failure to maintain a current and valid Washington state Driver's License. c. Use of illegal drugs or alcohol in the workplace. d. Conviction of a misdemeanor or felony or consistent non-professional or any unlawful behavior during the course of employment. 6. Diamond shall not use discriminatory hiring practices in regard to ethnic origin, race, religion, sex, and physical or mental disability. 7. As a condition of employment, all employees, including Diamonds's managers and supervisors are subject to pre-employment drug and alcohol abuse screening. Random drug and alcohol screening shall also be required throughout the term of this contract. 8 C. Communications 1. All enforcement personnel shall have ready access to their supervisor and to Bremerton Police Department. 2. Diamond shall maintain an office in Bremerton and shall maintain a twenty four (24) hour telephone number accessible by the City. During patrol and parking enforcement hours on, a supervisor will be on call with 30 minute response time. After office hours the Diamond supervisor shall be accessible by pager. 3 D~ar~ond -~--" '~ .... "-- -~-:': ........... : ......' :"- er~erc_.aency .... providers. On street enforcement personnel shall have the abi#ty to communicate with emergency services providers and the Department of: Motor Vehicles information system. 4. City contacts shall be as follows: a. For Enforcement: Police Department b. For Contract Administration/ Project Manager: City Clerk's Office c. For violations/tickets: Municipal Court 5. Diamond contacts shall be as follows: a. City Manager b. Supervisor D. Training 1. Diamond will be responsible for complete training of parking enforcement personnel. a. The City will provide initial training and all materials related to City regulations concerning enforcement to Diamond. Following initial training by City, Diamond will be responsible for training and materials. b. Diamond will maintain complete training records for periods as prescribed by law or policy as appropriate. 2. Training will include, but is not limited to: a. Customer Service and expectations. b. Dealing with difficult people. c. Conflict management and/or dispute management and resolution. 9 d. Civil rights law and procedures. e. Municipal code and ordinances relating to parking enforcement. f. Giving testimony and courtroom procedures. g. Job procedures and emergency protocol. h. Job safety as required by OSHANVISHA. i. Public Safety. E. Supervision Diamond will be responsible for assuring employee compliance with all laws and regulations, compliance for all employment related laws and regulations, responding to inspections/audits by regulatory agencies and the City, and will pay any fines or assessments levied by regulatory agencies. 1. Uniforms a. Diamond shall provide all enforcement personnel with professional appearing uniforms consisting of shirts, trousers, and jackets. Uniform jackets and shirts shall have attached patches on the sleeves with an emblem designating the wearer as official parking enforcement personnel. (Color and design of uniforms must be approved by City.) b. All enforcement personnel must carry photo identification and copy of their commission while on duty. c. All personnel are to be in complete uniforms at any time they are engaged in enforcement activity, or appearing in court in matters relating to parking enforcement and regulation. 2. Discipline and/or Termination a. Diamond is responsible for discipline and/or termination of its employees. Discipline and/or termination is required under, but not limited to, the following circumstances: 1) False information on application or during interview process, or discovery of information that would otherwise disqualify the person from consideration. 10 3ff 2) Failure to maintain a current and valid Washington State Driver's License. (Restrictions will be imposed based upon number and nature of allowable tickets incurred by employee.) 3) Use of illegal drugs or alcohol in the workplace. Termination is required. F. OPERATIONS METHODOLOGY 1. The City of Bremerton strongly believes in customer service, and expects the enforcement personnel to treat the public in a polite, helpful, and fair manner. 2. Enforcement action is to be carried out in a uniform and fair manner with no preference shown for any reason. Diamond will not directly or indirectly give any preferential treatment to any person or entity in the performance of enforcement duties. 3. Diamond shall operate in general compliance with existing Police Department Parking Enforcement Policy. G. RECORD KEEPING AND REPORTS 1. Record Keeping - All revenue collections, deposits and reporting procedures shall be in accordance with City Treasurer requirements. a. Diamond is responsible for all employment related record keeping, and upon request by the City, provide personnel and training information for each employee. b. Each Diamond employee shall have their own personnel file containing the following information, with a copy to the City's Project Manager. 1) Completed application form 2) Completed background investigation and testing process 3) Training received (Diamond to furnish outline of training program to City for approval prior to issuance of limited commission, 4) Complaints received against employee including disposition, c. Each Enforcement Officer shall maintain a daily log book of conversations, complaints and unusual circumstances that occur while performing work duties. The log book shall be kept current and up to date at 11 the end of each shift. In addition each Enforcement Officer shall include in the daily activity log the following. 1 ) Number of citations issued 2) Number of wamings 3) Number of impounds 4) Number of Parking related service requests from citizens. 5) Hours on duty 6) Location and hour of handicap parking enforcement 7) All reports shall be by day, date, hour and location. d. Inspection - Diamond shall keep all records as listed above for at least three (3) years following expiration or termination of the Agreement, or deliver the records to the City. Diamond shall keep all records in its regular business office and shall keep the records in an orderly manner as may be instructed by the City to assure easy access and reference to the records and shall make all records available for inspection and copying by the City during business hours. 2. Reports - City requires that the enforcement personnel follow pre-approved patrol routes. Diamond will be responsible for proposing patrol routes and schedules, and the method (reports) by which the City Project Manager will be kept informed. The City needs assurance that coverage is adequate, fair, regular and consistent. The City may make additions or deletions to the list of reports it requests at its discretion. The following reports shall be prepared, transmitted, and maintained at a minimum: a. Monthly summary of activities showing total work hours, patrol and non-patrol; customer service hours; and records of court time. b. Monthly summary of ticket activity including the number of tickets by infraction type, by street/area, and a listing of voided tickets with an explanation. c. Written reports on all complaint phone calls, or on-street complaints to officers on duty. Reports shall include names of parties involved, phone numbers, addresses (if known), the nature of complaint and action taken. d. Monthly reports containing the above data are to be furnished to the 12 City no later than the 20th of the following month. H. Court Appearance - Diamond will be responsible for it's employees appearing in court, on time and prepared to testify on parking related cases. City will provide training, legal representation at the City's discretion and pertinent materials. I. Special Provisions - City Rights During the life of the contract, the City retains the right to make minor changes having negligible impact on contract cost, to parking zone restrictions without having to renegotiate contract. The City further retains the right to: 1. Establish, modify, add or delete enforcement areas or routes or off street parking facilities in conjunction with Diamond. 2. Set all hours of enforcement operations. 3. Set all parking rates and times. 4. Modify, alter, add, delete procedures, instructions, and ordinances during the contract term. 5. Modify, alter, add, delete or replace any City supplied forms and/or equipment. 6 Add to, delete, or alter enforcement areas, beats, levels of enforcement, placement of enforcement effort and type of enforcement. 7. Have, at all reasonable times, access to the Diamond's books, records, and memorandum of every description pertaining to work under this contract for the purpose of auditing and verifying costs of services provided. 13 ATTACHMENT II ON-STREET PARKING ENFORCEMENT A. Patrol Areas 1. Patrol Areas - Described services will be performed in the parking zones and areas listed as Exhibit A. B. Enforcement Duties 1. On-Street Parking. Enforcement as described below. There will be no additional compensation for special events. Services to be provided include, but are not limited to: a. Patrol Central Zone every 2 hours. Other parking including handicapped parking, will be covered at a reasonable level. b. Issue Notices of Infractions for violations of parking ordinance when and where appropriate. c. Prepare affidavits and reports for parking infractions, violations and incidents. d. Perform Parking Surveys required for Residential Parking Permit applications. e. Post Zone status change notices. f. Enforce all parking ordinances as contained in Bremerton Municipal Code, Chapter 10 and State law, including, but not limited to: 1. All "time restricted" on-street and City owned off-street parking facilities. 2. All "no parking anytime" areas. 3. Parking violations involving trucks and commercial vehicles. 4. Vehicles parked on sidewalks 5. Residential parking permits. 6. Storage of vehicles in right of way. 7. Unlawful parking in City owned parking facilities. 14 8. Vehicles parked too close to fire hydrants, driveways, stop signs, intersections, or crosswalks. C, Citation Issuance Diamond shall: 1. Submit Handheld Computers to the Municipal Court office at specified times for upload/downloading of daily citation activities (Times depend on shift assignments). Pick up hand-helds at court office. 2. Be responsible for Handhelds that are damaged due to negligent care or loss. City retains ownership of Handhelds. 3. Have authority to recommend to void tickets up to the 15th day from issuance. All recommended, voids must be approved by the Diamond Supervisor. The Court Manager must receive notification of each recommended void within one (1) business day of issuance. After 15 days, recommended ticket voids must be approved by the Court Manager. 4. Provide written requests for declaration of nuisance vehicles 5. Notify court if not available for court appearances. 6. Provide Affidavits for Contested Hearings D. Junk & Abandoned Vehicles 1. Enforce abandoned vehicles procedures in accordance with State and Local laws, including but not limited to: a. Receiving complaints of an abandoned vehicles. b. Checking registration to ascertain if vehicle has been reported as stolen. c. Determine whether vehicle is operable. d. Attempt to contact registered owner e. Notify registered owner of pending impoundment. f. Impound vehicle. 2. Enforce junk vehicle procedures on private property in accordance with State and Local laws. Including, but not limited to: 15 a. Receiving complaints regarding junk vehicles. b. Visiting property and, based on statutory definition, determine if vehicle is declarable as junk. 1). If declared junk, locate property owner and registered owner of the vehicle. 2). Determine if property owner and vehicle owner are the same. If they are the same, meet at the property and determine method of disposal. 3). If property owner and vehicle owner are not the same, complete a Junk Vehicle Affidavit and coordinate disposal with property owner. 4). If property owner does not allow entry to the property, secure a Search Warrant through the City Attorney before proceeding with the investigation. 5). If property owner refuses to use Junk Vehicle Affidavit, all paperwork regarding investigation findings shall be filed with the City of Bremerton Hearing Examiner. c. Proceed with vehicle impoundment. 16 ATTACHMENT III PAID PARKING ENFORCEMENT A. Scope of Services: 1. Duties - Paid Parking. Diamond shall manage, operate and promote City owned parking facilities and on-street paybox parking. Parking facilities are located in the downtown area of the City as follows: a. 507 Park Avenue. b. 4th & Washington Avenue. c. 300 Park Avenue. d. 301 Park Avenue. e. 201 2nd - 586 f. 138 Washington - 585 g. Payboxes listed as Item 5 on Exhibit A. 1 ) City shall retain ownership of currently installed on-street pay boxes. 2) Diamond shall retain ownership of Diamond installed/supplied off street payboxes. 2. Responsibilities; Diamond shall: a. Pay all direct operating costs including, but not limited to, labor, supervision, bookkeeping, janitorial service, security services, equipment maintenance and non-structural repairs and maintenance. b, Provide meter boxes for customer self-parking at centralized locations within each off street parking facility. c. Post City approved parking rates and regulations on all off street parking facilities. d. Collect all on-street and off-street meter box revenues and deposit in City designated accounts on a daily basis. City shall determine banking arrangements at their descretion. 17 e. Turn in bank deposit receipts to the City of Bremerton Treasurer no later than 3:00 p.m., of the next business day. f. Keep parking facilities open and available for parking 24 hours per day, seven (7) days per week unless otherwise excepted, directed and approved by City. g Inspect all parking facilities on a prudent and as necessary basis to ensure that all parking has been paid and all parking regulations are followed. Inspections and collections will be conducted seven (7) days per week. Checking schedules will be based on usage patterns and approved by the City. h Market parking facilities to insure their maximum utilization. Be responsible for maintenance and repair of non-structural components of parking facilities, including, but not limited to: 1) Numbering stalls, painting stall lines and pedestrian lanes. 2) Maintaining traffic directional signage. 3) Maintaining and, as necessary, install or replace instructional signage as may be directed by the City. 4) Cleanliness of City owned off-street parking facilities. 5) Janitorial services in the parking garage including, but not limited to cleanliness of parking structure floor, stairwells, hand rails and daily cleaning of elevator car. 6) Notifying City of any structural damage needing repair. 7) Notifying City of landscaping maintenance needed for any City owned lots. 8) Paying all parking garage elevator maintenance contract costs. 9) Advising City of any lighting failures or outages in parking garage. 10) Keeping drains clear of obstructive debris. 11 ) Keeping pedestrian walks and ramps and vehicle driving 18 surfaces free from snow and ice to prevent personal injury and property damage. 12) Providing periodic security monitoring at The Parking Garage to ensure adequate secudty and protection of personal property with a minimum coverage of 5 hours per day.(Diamond shall inform City of secudty hours on site). 13) Reporting all acts of vandalism and all irregularities and nuisances occurring in City parking facilities to City Police and City Project Manager. 14) Shall, on a monthly basis, submit to the City Project Manager, a summary report of reported acts of vandalism and all irregularities and nuisances occurring in City parking facilities. 15.) Shall submit quarterly reports to City regarding marketing strategies and results. 16) Assist City with special event parking. 19 EXHIBIT A PATROLLED AREAS 1. BREMERTON CITY LIMITS on a complaint and/or referral basis. 2. CENTRAL ZONE These zones are patrolled every 1-2 hours. Vehicle license plate numbers are entered into hand-held computers. Tires are marked in 1 & 2 hour, 15 minute, and 30 minute parking zones. 100-200 blk. 1st Street 100-200 blk.. 2nd Street 200-600 blk.. 4th Street 200-600 blk.. 5th Street 100-800 blk.. Pacific Avenue 200-500 blk.. Burwell Street 400-600 blk.. Park Avenue 3. WEST RESIDENTIAL ZONES These zones are patrolled every two (2) hours for vehicles parked without Residential or Visitor permits displayed. 2700 blk., 1st 2900 & 3200 blk., Farragut 1000-2100 blk., 4th 100-400 blk., S. Lafayette 1000-2100 blk., 5th 2900-3200 blk., Porter 2700 blk., 6th St 300-700 blk., S. Summit 1000-1700 blk., Burwell 3200 btk. Preble 2700 blk., Burwell 300 - 600 blk., N. Callow 2100 blk., Burwell Place 200-500 blk., S. Hartford 200-500 blk., Chester 300-500 blk., S. Yantic 1200-1900 blk., Gregory 100,300,600 blk. N. Montgomery 100-300 blk., State 400-500 blk., S. Charleston 100-300 blk., Anoka 2700-2800 blk., Rogers 200-500 blk., High 3000, 3200 blk., Rogers 300-500 blk., Hewitt 100-300 blk., S. Cambrian 400-500 blk., Veneta 100 blk., N. Cambrian 100 blk., Olympic 100 & 300 blk., S. Wycoff 300-500 blk., Olympic 100 & 300 blk., N. Wycoff 100 blk., Arvon 100 blk., Rainier 100 blk., Bloomington 2O 4. EAST RESIDENTIAL ZONES These zones are patrolled every 2 hours for vehicles parked without Residential or Visitor permits displayed and are parked over the 2 hour time limit allowed. 600-1100 blko, Pleasant Ave 500-700, 9th 600-900 blk., Highland Ave 1000-1100, 9th 1000 blk., Shore Dr 1200-1500, 9th 200 & 2300 blk., E 11th 1900, 2300 btk., 9th 1000-1100 blk., Pitt 800, 1000, 8th 2000 blk., Harkins 1200-1500 8th 1300 blk., Ironsides 1900-2100 blk., 8th 2300-2400 blk., Holman 600-1200 blk., Veneta 2500 blk., Cherry PI 600 & 800-1000 blk., Chester 900 blk., Pacific 600-900, 1200 blk., Broadway 1100-800 blk. Cogean 1200-1500 blk., 10th 600, 900-1000 blk. 12th 1700-1800 blk., 10th 1400-1600 blk., 12th 1100 blk., Lincoln 1100-700 blk., McKenzie 1100-1200, 1700 blk.,Ohio 700-1200 Park 1100-1200 blk., Sidney 1500-1700 blk., Park 1000-1100 blk., High 900-1000 blk., 15th 600-1000 blk., Pennsylvania 900, 1100 blk., Pacific 1000 blk., Roosevelt 500-600,800 blk., 7th 600-800 blk. Olympic 1100, 1200 blk., Elizabeth 1200-1500 blk., 7th 600, 700,900 btk., Roosevelt 1900-2300 blk., 7th 5. ON STREET PAYB©X COLLECTION Money is collected from these boxes at least twice daily. Vehicle tires are marked according to amount of money paid into the corresponding box. 300 blk. 1st St 2 boxes 200 blk. 5th St 2 boxes 100 blk. 4th St 1 box 800 blk. 5th St (north) 1 box 800 blk. 4th St (north) 1 box 800 blk. 5th St (south) 1 box 800 blk. 4th St (south) 1 box 1600 blk. 4th St 2 boxes 800 blk. Burwell (north) 2 boxes 200 blk. Warren 1 box 300 blk. Veneta 1 box 100 blk. Chester 1 box 100 blk. 2°d St 1 box 200 blk. 2"~ St 1 box (proposed) 200 blk. Burwell 1 box (proposed) 500 blk. 4th St 1 box (proposed) 21 NET PARKING REVENUE $80,000.00 $70,000.00 '-'-~-TOTAL PARKING REVENUE ,~ EXPENSES "-~"'NET PARKING REVE $60,000.00 $40,OOO.0O $30,OO0.O0 $20,000.00 ..... ~. a. ,' $10,000.00 BREMERTON TOTAL PAILKING REVENUES $80,000.00 $70,000.00 I~--~)~AL PARKING REVENUE ~1~ /'-+-- OFF-STREET/ PAYBOX REVENUE / _ $40,000.00 $30,000.00 $20,000.00 o,ooo.oo CITY OF BREMERTON PARKING CITATIONS 16001800 · # OF CITATIONS 1400 1200 1000 800 600 400 DECREASE IN DOWNTOWN ENFORCEMENT 200 0 AGENDA BILL BREaMERTON CITY COUNCIL 1. SURJECT: ~o, a~7-7 o FOR AGENDA OF: August 23, 2000 Resolution establi.qhing an Arts District in ORIGINATING DEl)T: Executive Downtown Bremerton ORIGINATOR: Mayor Horton DATE SUBMfffED: August 17, 2000 2. CI,EARANCES: (comment on back if necessary) 3. E.XH~ITS (~~~ ~ Resolution# ~ ? 4' ~ _ //' Map of District ENDORSEMENT ~' INFORMATION APPROVED BY COUNCIL P~ FOR SUBMITTAL: M YOR COUNCn. PP, Zsmm,rr 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The downtown Bremerton arts communiw has requested that an Arts District be formed in downtown Bremerton on Pacific Avenue from 1 s, Street to 60' Street and 4~ Street from Park Avenue to Washin~on Avenue. 8. RECOMMENDATION: Motion to pass Resolution #~-77~ establishing an Arts District in Downtown Bremerton. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED __ APPROVED DISAPPROVED q~DE~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: (~ --- I q 3 2. CLEARANCE COMME~S: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL RESOLUTION NO. A RESOLUTION establishing an Arts District in downtown Bremerton. WHEREAS, the downtown Bremerton arts community has requested that an Arts District be formed; and WHEREAS, the City of Bremerton wants to foster a vibrant downtown district for arts, cultttre mad entertainment which celebrates Bremerton's diverse arts mad cultural heritage; mad WI4F. REAS, the arts contributes to the economic growth and diversity of a vital downtown; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: Pacific Avenue from 1st to 6th Street and 4th Street from Park Avenue to Washin~on Avenue be established as an Arts District. PASSED by the City. Council of the City. of Bremerton this __ day of ,200O. CAROL ARENDS, Council President Amy Bumett ~':me Art Galle~ -- 402 Pacific Avmue A Beaufifill Ferly Ride From Seattle I ~,~,AYOR'S OFFICE uiy 27, 2ooo Honorable Lynn Horton, Mayor City of Bremerton 23 9 4~ Street Bremerton, WA 98337 Dear Mayor Horton: As a representative for the Downtown Bremerton Arts comm~mity I request that the city take immediate action to officially declare the indicated area (map enclosed) an "Arts District". It is not poss~le for us to go forward until you and the city council officially declare this area "4t~ Pacific Arts District". With a declared and established perimeter we can all be working to enact special and appropriate terms and incentives to be determined. It must be known that a declaration of"Title" would not entail any mandatory conditions on any business or landowner. It would only be an official declaration so as to establish a specific perimeter to make things easier to work within. You immediate attention will be appreciated. Sincerel~ ~ J cc: Olympic College Bremer Trust Patriot Newspaper encl: map AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. 4 7[8 FOR AGENDA OF: August'~5~, 2000 2001 - 2006 SIX-YEAR TRANSPORTATION ORIGINATING DEPT: PW&U Engineering Div. IMPROVEMENT PLAN ORIGINATOR: Randy Witt, City Enk:qrmerL i,AT 2. CLEARANCES: (comment on bac~)~9~ 3. EXHIBITS Director, Public Works/Utilities ' ,~ .~ A. Six-Year Transportation Improvement Plan. city ^ttomey ~~_~. ~ B. Ordnance # 4-/l Ce. City Treasurer ~, Director, Community Development Council Budget & Finance Commie,S' Operat~o~ Com=ttee X MAYO~--'~-~/~ ¢'~ COUNCIL PRESIDENT P~.~.~,RES~ENT FOR 4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Ordinance and will be submitted to the Washington State Department of Transportation. 8. RECOMMENDATION: A. ~'-': ..... ati. ached Ordi-n~h app,,,,e~s-the-G,,.~ ..... 2006-Si-x-¥ear-T-ransportation ~vl. UClt.~l~ to p~k.~ Lilt; ..4mgmvcmcnt Pro.-am, upon B. Motion to approve Ordinance #~4'7 ] 8, which approves the City's 2001-2006 Six-Year Transportation Improvement Program, and direct the Mayor to forward the Ordinance and Plan to the Department of Transportation, Local Programs Office. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED 4 A~END~ COUNCIL DIRECTIVE D 11. AGENDA BILL NO: (~C) "' l~ b 5q 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Annual adoption of a Six-Year Transportation Improvement Plan for the City is required by State law and is a requirement to receive certain State and Federal Transportation funds. Non-passage would violate the law and jeopardize funding. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES ab, Agenda Bills 2000, Six Yr TIP 2001 - 2006 AN ORDINANCE relating to the 2001 - 2006 Six-Year Transportation Plan. Whereas, the City of Bremerton has reviewed the work accomplished under its Comprehensive Artedal Street Construction Program and determined current City street needs; and, Whereas, the City Council caused to be prepared a revised and extended Six- Year Transportation Improvement Plan for the pedod of January 1, 2001, to December 31,2006, and after public headng thereon approved the same; NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the revised and extended Six-Year Transportation Improvement Plan 2001-2006 and Schedule is adopted as the revised and extended Six- Year Transportation Improvement Plan for the pedod of January 1, 2001, to December 31,2006. Section 2. Effective Date. This ordinance shall become effective ten days after 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 by this day of ,2000. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk ~--~ Washington State Department of Transportation Page ~ Six Year Transportation Improvement Program Agency: Bremerton From 2001 to :2006 Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date: City No.: 0115 MPO/RTPO: PSRC Amend Date: Resolution No.: Project Identification Project Costs In Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. ~ ~ ~ Fund Source Information Expenditure Schedule Projects Only ~ ~ .~n~ C. Project Title ~ ~ ~~ ~ ~ ~ Federal Funding (Local Agerlcy) ~ ~ ~hz:- Phase Federal Federal State 4th R/W ~ c ~ --O E D. StreetJRoad Name or Number ~ ~ ~' ;~ E. Beginning MP or road - Ending MP or road L?_ ~~- Required = ~ Start Fund Cost by Fund State Local Total Envir. Date - '5' 1 st 2nd 3rd Thru Type (M~/YY) F. Describe Work to be Done ~- (mm/dd/yyyy) Code Phase Code Funds Funds Funds 6th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PE 6/1/1997 STP(U) 695 TPP 695J 1390 5 ElS 14 1 :P-STPF-TA96(058) 03 S 3.94 C RW 1/1/1998 STP 6427 OTHER 4399J 10826 1200 SR304 Transportation Improvement Project 04 G Yes SR 304 02 P from: SR 3/304 Interchange to: Bremerton Ferry 06 S ~ 12/99 HOV improvements/reconstruction of SR304 corddor 07 m W Totals 7122 5094 12216 1205 14 2 STPF-0304(008) 03 P 2.1 C RPEw 6/5/2000 STP 45339~7 TPP 71642 I 456 2250~ 2658 J ElS SR304 TiP - Downtown/Navy Highway Phase 04 S 6/5/2000 STP TPP 867j 6158 Yes SR 304 02 G from: I~erry Terminal/Porter to: Burwell St/SR 3 06 P 6/01 HOV improvements, widening, reconstruction, overlay, signal 07 T and lighting W Totals 4971 776 867 6614 2700 2658 14 3 STPUS-0304(007) 04 S 0.7 C CNJ 2/7/2000 J STP(U) J 4493J TPPJ 701J J 5194J 2000J J J ElS SR304 TIP - Stage lB-Gateway 07 G No SR 304 06 P from: Porter St to: Montgomery Ave 03 S 12/99 HOV improvements, overlay, widening, reconstruction, signal 02 T and lighting W Totals 4493 701 5194 2000 West Hills Cornmercial/Wemer Corridor Improvements 05 S 4/1/2001 STP(U) 1025 UATA 2224 Warner Road 12 T from: Auto Center Way to: Auto Center BIvd 07 1/00 Street widening, signal installation, street lighting, overlay 06 Totals 1025 1263 336 2624 2224 Supercedes previous editions Page2Six Year Transportation Improvement Program  Washington State Department of Transportation . Agency: BremertonFrom 2001 to 2006 Co. No.: 18 Co. Name: KitsapCo. Hearing Date: Adoption Date: City No.: 0115 MPOIRTPO: PSRC Amend Date: Resolution No.: Project Identification Project Costs In Thousands of Dollars Federally Funded A. Federal Aid No. a. Bridge No. ~ ~ ~ ~ Fund Source Information Expenditure Schedule Projects Only -~>'~ C. Project Title ~ §~ (LocalAgency) ._o~ ~ '~' ~E~ 'ii; ~'° n'~ Federal Funding RJW ~ ~ ._o D. StreotJRoad Name or Number ~ Required .? ~- :~ E. Beginning MP or road - Ending MP or road E ~- ~-=-~e Phase Federal Federal State Funds Funds Funds 1st 2nd 3rd Thm4th _ Start Fund Cost by Fund State Local Total Envir.TypeDate (MM/YY) F. Describe Work to be Done a.~ (mm/dd/yyyy) Code Phase Code 6th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 14 5 S PEI 7/7/19991 I 400 4001 I 800 4001 SR 303 Bremerton to Silverdale Transportation No SR 303 from: Burwell St to: SR 3 Document deficiencies and identify alternative strategies for improving transportation characteristics of the SR 303 corridor Totals 400 400 800 400 AL I 1/1/2001 I I f t I 9001 9O0[ 19 6 O7 S Miscellaneous (Local Program Support) 06 No City Wide from: N/A to: N/A Projects to improve safety and operations Totals 900 9OO PE 1/1/2001 I OTHER 72, 18, 90I 17 7 05 p 0.2 S CN 1/1/2002 OTHER 288t 721 360 I I No Auto Center Way Improvements 06 Auto Center Way 07 from: Bruen Ave to: SR 3 onramp 12 Widen roadway to provide dedicated lum lane for SR 3 onramp Totals 360 90 450 17 8 05 P 0.3 PE 1/1/2001[ I f I I 10] 101 Arsenal Way/Patton Ave. Safety Improvements 06 No Arsonal Way, Patton Ave 07 from: Loxie Eagans Bird to: Lafayette Ave. 12 Safety Improvements including curb and gutter, sidwalks, lighting, roadway widening, and intersection improvements Totals 10 10 10 Supercedes previous editions ~ Washington State Department of Transportation Page 3 Six Year Transportation Improvement Program Agency: Bremerton From 2001 to 2006 Co. No.: 18 Co, Name: Kitsap Co, Hearing Date: Adoption Date: City No.: 0115 MPOIRTPO: PSRC Amend Date: Resolution No.: Project Identification Project Costs In Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. ~ ~ ~ Fund Source Information Expenditure Schedule Projects Only =o~ ~ .o_'~- '"'~'~E C. Project Title ~[ ~1~-~ -~ #~e Federal Funding (LocalAgency) PJW co ~ D. Street/Road Name or Number ~'~- ; ~o Phase Federal Federal State 4th Required ~ '~ ;~ E. Beginning MP or road Ending MP or road E ~ ~ State Local Total Envir. - _ ~- · Start Fund Cost by Fund T~hfhru Date F. Describe Work to be Done '~ (mn'Vdci/yyyy) Code Phase Code Funds Funds Funds 1st 2nd 3rd-.. Type I 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 ~' 00 9 01 P 0.2 PEI 1/1/2003 I I I I I 30 30 I ,-~ Construct Warren Ave. Off-ramp 12 No Warren Avenue from: Sheddan Ave to: Callahan Drive Future project for access considerations Totals 3O 3o 14 10 06 p AL I 1/1/2001 I I ~°l I I ~ol 601 I 601 Visitor/Tourist Informational Signs No SR304, SR310, SR303, other arterials from: to: Install tourist informational, areas of interest, and directional signs throughout the City Totals 50 10 60 60 14 11 12 P .15 PE[ 1/1/2000 J I I ] I 201 201 20t I Lower Wheaton Way Realignment 02 No Wheaton Way from: Callahan Dr to: Sheddan Rd Realign Wheaten Way to north south configuration ~ Totals 20 20 20 Supercedes previous editions A~ENDA BILL 1. SUBJECT: FOR AGENDA OF: August 23, 2000 Ordinance No. ORIGINATING DPT. Executive Building & Planning Director OIGINATOR: Mayor Horton Economic Development Director DATE SUBMITTED: August 17, 2000 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Attorney ,,~. Ordinance Humane Resources Manager ~ Budget Adjustment Admin. Srv['~' ~z.~\~\~-- ~ ~ Job Descriptions ENDORSEMENT ~ INFORMAT~ON, APPROVED BY COUNCI~PRESIDENT FOR SUBMITTAL: MAYOR ~ J' ~'~ ~ //~-F~_ ~F~~ ~; COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In lieu of a Department of Community Development, the attached ordinance creates the Department of Building and Planning and the Director of Building and Planning. Job descriptions are attached for the Director of Economic Development, which is an existing position in the 2000 budget, and the newly created Director of Building and Planning. Also included in the packet is a budget adjustment to establish salaries on Band One of the Management and Professional Staff Salary Plan for both positions. Due to vacancies in the department no additional expenditure authority is required in FY 2000 in order to implement these changes. 8. RECOMMENDATION: 1. Motion to approve ordinance establishing the Department of Building & Planning and the Director of Building & Planning on first reading. 2. Motion to approve Job Descriptions and Budget Adjustment for Director of Planning and Building and Director of Economic Development. 9. RESPONSIBLE OFFICIAL: Mayor. ENFORCEMENT OFFICIAL: Mayor REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED l.l.B COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 00- /qd 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 Sufficient funds are available in the Planning & Building budget due to vacancies throughout the year. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE creating the Department of Building and Planning, establishing the Director of Building and Planning and amending Bremerton Municipal Code Section 2.15. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.15.010 is hereby amended to read as follows: 2.15.010 DEPARTMENT CREATED.. There is created the T~,...,,,.~.~.~ .,ct-, ...... ~,.. r~ .... ~ ..... * r~,~,~o,.~,,,,, of Building and Planning to be administered by ~ the Director of Building and Planning appointed by the Mayor, subject to Council confirmation. The Director shall direct, coordinate and supervise the functions of the Building and Planning divisions of the Department. Section 2. Amendment. Section 2.15.020 is hereby amended to read as follows: 2.15.020 DMSIONS. - DUTIES. A. Building. This division shall be managed by the Building Official, subject to the supervision of the ~ ......... .~ ...... r ...... Director of Building and Planning, and is responsible for: (i) administering building permits and inspections; (ii) enforcement of the building code and abatement of dangerous buildings; (iii) building code policy and ordinance development. B. Planning. This division represents three programs ~ ~,,,;..;~,~a ~... a ............. subject to the supervision of the Director, and shall be responsible for: (i) Long Range Planning, providing research and development for comprehensive planning, project studies of socioeconomic and resource projections, preparation of Comprehensive Plan amendments, and development of land use control ordinances and policies; (ii) Current Planning providing permit processing, administrative support for the Planning Commission and the City Council on land use applications, land use compliance and enforcement including environmental and shoreline review; (iii)Commtmity Services providing administration of federal community development grant funds, development of resources and policies for other community development projects in the areas ofhousingo economic development, public facilities, and social service projects. Section 3. New Section. A new section 2.15.030 is hereby added to read as follows: 2.15.030 REFERENCE. Throughout this code any reference to Department of Communi _ty Development or Director of Communi _ty Development shall be interpreted to mean Department of Building and Planning and Director of Building and Planning. Section 4. Effective Date. This ordinance shall become effective ten (10) days fi.om passage and publication. APPROVED by the City Council of the City of Bremerton this day of August 2000. PASSED by the City Council of the City of Bremerton this day of August, 2000. CAROL ARENDS, Council President APPROVED this __ day of August, 2000. LYNN HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, CITY CLERK CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: COMMUNITY DEVELOPMENT Adjustment Number: 00-18 I Approval Authority Required: [-~Treasurer r-]Mayor ~- Fiscal & Budl~et [~-]Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount NARRATIVE: This adjustment will revise the authorized staffing of the Department of Community Development as indicated in the attached documents. No additional expenditure authority is required in FY 2000 in order to implement these changes. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended r----] Not Recommended ~ ~ Treasurer's Signature Date Mayor Comments: Recommended ~ Not Recommended . ~ Approved ~ Denied E~. ,¢~,~ Mayor's S!gnature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date CI~ OF BREM~RTON BUILDING & PLANNING MAYOR DIRECTOR OF BUILDING & PLANNING I I IBLDG. & DEV. SPEC. IlI CITY OF B~MERTON ECONOMIC DEVELOPMENT MAYOR I DIRECTOR OF ECONOMIC DEVELOPMENT I I I ^D~S~-~l ~'~S~.~v~I I ANYAI~YSTI 7! I CITY OF BREMERTON IDEPARTMENT: Buiidin~].and Planning FUND: General 001-16 STAFFING AUTHORIZATION 1997 1998 1999 2000 POSITION ACTUAL BUDGET BUDGET BUDGETi ECONOMIC & COMMUNITY DEVELOPMENT ADMINISTRATION Dir. of Economic & Comm. Dev. 0.00 1.00 1.00 0.00 Dir. Buiidinq & Planning 0.00 0.00 0.00 1.00 Dir. Economic Development 0.00 0.00 0.00 1.00 r~;,~.,.+,,, ,..; r, ...... ;*,, n,~,, ,, nn 0.00 n nn ,~ nn D!r=~cr cf =-"_c.-.cm.c D_=v. n nn ; .... 0.0O 0.00 ! ..nO- Building & Dev. Spec. I 0.00 0.00 0.00 1.00 Office Assistant II 1.00 1.00 0.50 0.50 Sub-Total 2.00 2.00 1.50 5.50 PLANNING PROGRAM Planning Manager 1.00 1.00 1.00 0.00 Municipal Services Coordinator 0.00 0.00 1.00 0.00 Planner Senior 1.00 0.00 0.00 1.00 Building & Dev. Spec. II 1.00 1.00 1.00 1.00 Building & Dev. Spec. I 1.00 1.00 1.00 0.00 Sub-Total 4.00 3.00 4.00 2.00 BUILDING PROGRAM Permit Manager 1.00 1.00 1.00 0.00 Building & Dev. Spec. III 1.00 1.00 1.00 0.00 Building & Dev. Spec. II 1.00 1.00 1.00 1.50 Building & Dev. Spec. I 1.00 1.00 1.00 0.00 Planner, Senior 1.00 1.00 0.00 0.00 Sub-Total 5.00 5.00 4.00 1.50 TOTAL STAFFING 11.00 10.00 9.50 9.00 CITY OF BREMERTON MANAGEMENT AND PROFESSIONAL STAFF SALARY PLAN - 2000 APPENDIX A RAND SALARY NO. TITLE BASE RATE RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 I Dir. Public Wks & Utilties APPROX MO 6,006 6,310. 6,468 6,629 6,795 6,965 7,139 7,318 Fire Chief ACTUAL BI-M 3,002.99 3,155.01 3,233.88 3,314.73 3,397.59 3,482.57 3,569.63 3,658.87 Police Chief Dir, B~jlding & Planning Dir. Economic ][3~veloum~nt 2 City Attorney 'APPROX MO 5,717 6,006 6,156 6,310 6,468 6,629 6,795 6,965 ACTUAL BI-M 2,858.28 3,002.99 3,078.04 3,155.01 3,233.88 3,314.73 3,397.59 3,482.57 3 Dir, Admin Sen/City Clerk APPROX MO 5,441 5,717 5,860 6,006 6,156 6,310 6,468 6,629 ACTUAL BI-M 2,720.57 2,858.28 2,929.76 3~002.99 3,078.04 3,155.01 3~233.88 3,314.73 4 City Engineer APPROX MO 5, ! 79 5,441 5,577 5,717 5,860 6,006 6,156 6,310 Dir, Parks & Recreation ACTUAL BI-M 2,589.46 2,720.57 2,788.58 2,858.28 2,929.76 3,002.99 3,078.04 3,155.01 5 Assistant Fire Chief APPROX MO 4,929 5,179 5,308 5,441 5,577 5,717 5,860 6,006 Assistant Police Chief ACTUAL BI-M 2,464.69 2,589.46 2,654.20 2,720.57 2,788.58 2,858.28 2,929.76 3,002.99 City Treasurer 6 Human Resources Mnnager APPROX MO 4,692 4,929 5,053 5,179 5,308 5,441 5,577 5,7 ! 7 ACTUAL BI-M 2,345.93 2,464.69 2,526.31 2,589.46 2,654.20 2,720.57 2,788.58 2,858.28 7 Building Dev. Permit Manager APPROX MO 4,466 4,692 4,809 4,~29 5,053 5,179 5,308 5,441 Development Manager ACTUAL BI-M 2,232.88 2,345.93 2,404.58 2,464.69 2,526.31 2,589.46 2,654.20 2,720.57 Forestry Mnnager Manager, Info Services & Purchasing Planning Manager Project Manager Public Works Opms. Mgr. Risk Manager Senior Engineer Utility Operations Manager Wastewater Manager Wnter Resources Manager 8 !Asst. Dir, Parks &R¢cr APPROX MO 4,251 4,466 4,577 4,692 4,809 4,929 5,053 5,179 City Auditor ACTUAL BI-M 2,125.30 2,232.88 2,288.71 2,345.93 2,404.58 2,464.69 2,526.31 2,589.46 9 Asst City Attorney 11 APPROX MO 4,046 4,251 4,357 4,466 4,577 4,692 4,809 4,929 Asst Treasurer ACTUAL BI-M 2,022.89 2,125.30 2,178.43 2,232.88 2,288.71 2,345.93 2,404.58 2,464.69 Court Services Manager Police Community Res. Mgr WWTP Manager CITY OF BREMERTON MANAGEMENT AND PROFESSIONAL STAFF SALARY PLAN - 2000 APPENDIX A BAND SALARY NO. TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE '~ RATE 61 RATE 7 RATE 8 10 Fleet Manager APPROX MO 3,851 4,046 4,147 4,251 4,357 4,466 4,577 4,692 Deput~ Cit~ Clerk ACTUAL BI-M 1,925.41 2,022.89 2,073.46 2,125.30 2,178.43 2,232.88 2,288.71 2,345,.93 11 Administrative Analyst APPROX MO 3,665 3,851 3,947 4,046 4,147 4,251 4,357 4,466 Assr City Attorney I ACTUAL Bl-M 1,832.63 1,925.41 1,973.55 2,022.89 2,073.46 2,125.30 2,178.43 2,232.88 Budget Analyst Grants Proc Officer Purch Supervisor 12 i APPROX MO 3,489 3,665 3,757 3,851 3,947 4,046 4, i 47 4,251 ACTUAL BI-M 1,744.32 1,832.63 1,878.45 1~925.41 1~973.55 2,022.89 2r073.46 2,125.30 13 APPROX MO 3,32 ! 3,489 3,576 3,665 3,757 3,851 3,947 4,046 ACTUAL BI-M 1,660.27 i,744.32 1,787.93 1,832.63 1,878.45 !,925.41 1,973.55 2r022.89 14 Budget Specialist APPROX MO 3,161 3,321 3,404 3,489 3,576 3,665 3,757 3,851 Civil Service Officer/H. R. Specialist ACTUAL BI-M 1,580.28 1,660.27 1,701.78 1,744.32 1,787.93 1,832.63 1,878.45 1,925.41 Executive Secretary Legislative Assistant Municipal Sent Coord 15 Human Resources Gcneralist APPROX MO 3,008 3,161 3,240 3,321 3,404 3,489 3,576 3,665 ACTUAL BI-M 1,504.18 1,580.28 i,619.79 1,660.27 1,701.78 1,744.32 1,787.93 1,832.63 16 APPROX MO 2,863 3,008 3,084 3,161 3,240 3,.321 3,404 3,489 ACTUAL BI-M !,431.74 !,504.18 1,541.78 1~580.28 1~619.79 1,660.27 1~701.78 1~744.32 17 APPROX MO 2,726 2,863 2,935 3,008 3,084 3,161 3,240 3,321 ACTUAL BI-M 1,362.79 1,431.74 1,467.53 1,504.18 1~541.78 1,580.28 1r619.79 1,660.27 18 !Legal Assistant APPROX MO 2,594 2,726 2,794 2,863 2,935 3,008 3,084 3,161 Council/Audit Assistnnt ACTUAL BI-M 1,297.16 1,362.79 1,396.86 1,431.74 1,467.53 1,504.18 1,541.78 1,580.28 19 APPROX MO 2,469 2,594 2,659 2,726 2,794 2,863 2,935 3,008 ACTUAL B1-M 1,234.68 1,297.16 1,329.59 1,362.79 1,396.86 1,431.74 i,467.53 i,504.18 20 APPROX MO 2,350 2,469 2,531 2,594 2,659 2,726 2,794 2,863 ACTUAL BI-M i,175.21 1,234.68 1,265.54 1,297.16 1,329.59 1,362.79 1,396.86 1,431.74 DIRECTOR OF BUILDING & PLANNING GENERAL PURPOSE: Under general administrative direction, performs a variety of managengnt, administrative and professional work in the development, implememafion and monitoring of building and planning processes, programs and services. ESSENTIAL DUTIES AND RESPONSIBILITIES: Manages and directs building and planning operations to achieve goals within available resources; plans and organizes workloads and staff assignments; trains, motivates and evaluates assigned staff, reviews progress and directs changes as needed. Provides leadership and direction in the development of short and long range plans and projects; coordinates department activities with other departments and agencies as needed. Provides professional building and planning advice to Mayor, City Council and other officials; makes private and public presentations to boards, commissions, civic groups and the general public. Communicates official plans, programs, policies and procedures to staffand the general public. Determines work procedures, prepares work schedules, and expedites workflow; studies and standardizes procedures to improve efficiency and effectiveness of operations. Directs the development, implementation and administration of various building and planning processes and reports to meet the City's needs and any inter,governmental agreements or requirements. Responsible for the evaluation of land use proposals for conformity to established plans and ordinances and insures compliance with applicable laws, ordinances, regulations and rules. Responsible for monitoring and ensuring compliance with State and local building codes and regulations. Evaluates proposals' impact as they relate to the adopted plans of the City and makes recommendations. Resolves complex and sensitive customer service issues. Prepares and administers the department's annual operating budget, provides input into grant preparation and administers grants. Monitors inter-governmental decisions and legislation affecting department operations and takes appropriate action. Director of Building and Planning '1 August 2000/econley Serves when needed as a member of a task force or eon,,nittee composed of city, county, state or private groups. Oversees the development and maintenanc~ of a database of information for community development purposes. Negotiates, coordinates and manages professional service contracts. Regular attendance and punctuality are essential functions of this position. WORKING CONDITIONS The working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential fimctions. Work is performed mostly in office settings. Some outdoor work is required in the inspection of various land use developments and construction sites. Hand-eye coordination is necessary to operate computers and various pieces of office equipment. The employee is fi'equently required to talk or hear; sit; use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to stand or walk. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision and distance vision, peripheral vision, depth perception, and the ability to adjust focus. Adequate vision in order to obtain/maintain a valid Washington State Driver's License. The employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, or airborne particles. The noise level in the work environment is usually quiet in the office, and moderate in the field. KNOWLEDGE~ SKILLS AND ABILITIES: · Thorough knowledge of zoning laws and comprehensive plans including their formation, process of adoption, and enforcement. · Extensive knowledge of building codes and regulations and planning programs and processes. · Working knowledge of personal computers, GIS applications, HUD Community Development Block Grant and other urban development programs. · Skill in the operation of a personal computer, motor vehicle and various office equipment. · Ability to communicate effectively, orally and in writing with City and other officials, civic and business leaders, and the general public. Director of Building and Planning August 2000/ceonley · Ability to establish effective working relationships with all of the above. Ability to prepare and analyze comprehensive and technical reports and data. QUALIFYING EDUCATION AND EXPERIENCE Ma~er's dele in Urban and/or Regional Planning or related field from an accredited college or university, ten (10) years experience in municipal or regional planning with five (5) years at a senior management level; or any equivalent combination of training and experience. Washington plarm~g experience and AICP certification preferred. Excellent skills in written and verbal communications, interpersonal relationships, problem solving, as well as a customer service orientation and sound computer skills are essential A valid Washington State Driver's License is required or the ab'flity to obtain one within three (3) months fi.om date of hire. LEGAL AND REGULATORY CoNomONS OF EMPLOYMENT Fair Labor Standards Act: This position qualifies for exemption fi.om the Fair Labor Standards Act minimum wage and overtime provisions under thc Act's Executive Employees exemption. Representation: This position is excluded from the bargaining unit representatior~ Civil Service: The classification, as a Department head, is excluded from the Civil Service pursuant to City Charter Section 33. Appointment and Removal Authority: The position is filled by appointment by the Mayor with confirmation by the City Council. Removal is at the will of the Mayor in conformance with procedures established by the City. This classification specification does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approvals: Human Resources Manager: (/~~~ Date: Mayor: Date: City Council President: Date: Director of Building and Planning August 2000/cconley ECONOMIC DEVELOPMENT DIRECTOR GENERAL PURPOSE: Provides technical and administrative support to a citywide program of economic development. Plans and supervises an active program of solicitation of prospective businesses, industries, and corporate organizations both outside and within the City. Work is performed with assignments under the supervision of the Mayor, who reviews work by personal conferences, performance reporting, and attainment of desired objectives. ESSENTIAL DUTIES AND RESPONSIBILITIES: Conducts studies of facilities, resources, products, attractions, attributes, conditions, advantages and all other data concerning the City with relation to the encouragement of business and industry to locate in the City. Is knowledgeable of available economic incentives in the State of Washington and implements to attract business and commerce to the City. Publicizes and distributes researched data and materials to persons, firms, corporations, and institutions which would reasonably result in encouraging industry to locate in the City. Serves as liaison for the commercial and industrial sector of the City; compiles, collects, and periodically makes available technical and other information relating to business conditions. Assists in the retention and expansion of existing business or industry in the City. Consults, as required, with investors who are reviewing the City; prepares and gives presentations to various interested civic and professional groups. Under the direction of the Mayor, plans and coordinates economic development strategies for the City as whole, as well as special sub-areas; works with the Building & Planning Director to coordinate economic development plans and programs. Works with other governmental agencies as a liaison for the City on various economic development matters; serves as legislative liaison for the City based upon official policy decisions of the City Council and directives of the Mayor. Designs letters, web page contributions and materials to elicit interest in the City from prospective business entities, corporations, and industry on a nationwide basis. Studies long-range trends and developments in local commerce and industry, and analyzes factors underlying such trends; prepares annual operating budget and performs other related Economic Development Director August 2000/cconley Page 1 of 3 activities as requested by the Mayor. Performs related work as required. Regular attendance is an essential function of this position. ~ QUALIFICATIONS: Any combination of education and experience equivalent to graduation ~rom an accredited four- year college or university with a Bachelor's degree in public or business administration, three to five (5) years experience in Economic Development, and five (5) to ten (10) years considerable progressively-responsible experience in management, planning, community development, economics, and industrial development. Extensive knowledge of the needs and practices of business and industry with regard to sites, space, equipment, market, transportation, water, energy, and labor supply. Thorough knowledge of business practices and procedures, and the processes and problems confronting the type of commerce already located in the City, and those that could locate to the City. Considerable knowledge of the effective presentation of technical industrial information, and of the sources of information regarding proposed industrial expansion or movement. Ability to study and analyze technical and statistical information and present it in an intelligent and interesting form. Ability to promote the advantages of the City in relation to the expansion of the present businesses and industries, and the relocation of outside commerce and industries to the City. Ability to establish and maintain effective working relationships with associates supervisors, subordinates, local groups, governmental officials, other economic development offices, and the public. Ability to express ideas and information clearly and concisely, both verbally and in writing. PHYSICAL DEMANDS/WORK ENVIRONMENT: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. The work environment characteristics described are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential fimctions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to walk, use hands to finger, handle, or feel objects, tools, or controls, and reach with hands and arms. The employee must occasionally lin and/or move up to 10 lbs. Specific vision abilities required by this job include close vision and the ability to adjust focus. The noise level in the work environment is usually moderately quiet. LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT Fair Labor Standards Act: This position qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime provisions under the Act's Executive Employees exemption. Economic Development Director August 2000/cconley Page 2 of 3 Representation: This position is excluded from the bargaining unit representation. Civil Service: The classification, as a Department head, is excluded from the Civil Service pursuant to City Charter Section 33. Appointment and Removal Authority: The position is filled by appointment by the Mayor with confirmation by the City Council. Removal is at the will of the Mayor in conformance with procedures established by the City. This classification specification does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approvals: Mayor: Date: City Council President: Date: Economic Development Director August 2000/cconley Page 3 of 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance No. __ FOR AGENDA OF: August 23, 2000 Repealing Ordinance No. 4708 & 4710 ORIGINATING DEPT: Legal a~[opted on 5117/2000 ORIGINATOR: Glenna Malacca, City Attorney DATE SUBMITTED: Auommt 9, 2000 2. C, ,I~.ARANCES: (Com~ment on back if necessary) 3. EXltlIIITS: ity Attorney iSp fi0 c; ittee ENDORSEMENT/~2qFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Legal Department is recommending that the City Council repeal Ordinances No. 4708 & 4710 in their entirety. Ordinance 4708 adopted the Roger and Jennifer Nance Comprehensive Plan amendment application for the "Nance-Kitsap Way/Weslon Place" rezone to change a portion of the Comprehensive Plan and Map from "Low Density Residential" (LDR) to "General Business" (GB). Ordinance 4710 adopted a change in the same portion of the Official Zoning Map from "Single Family Residential" (SF-3) to "General Business" (GB) in order for the Zoning Map to conform to and implemem the Comprehensive Plan. At the time these ordinances were adopted by the City Council, the Council was unaware of the fact that proper public notice requirements may not have been followed. It is recommended that the City Council remand the Roger and Jennifer Nance Comprehensive Plan amendment application to the Bremerton Planning Commission. 5. RECOMMENDATION: Record Motion: (1) Motion to approve the proposed ordinance, repealing Ordinances No. 4708 & 4710 in their entirety, on 1a reading; (2) Motion to pass Ordinance No. on 2na reading, repealing Ordinances No. 4708 & 4710 in their entirety. (3) Motion to remand the Roger and Jennifer Nance Comprehensive Plan amendment application for the "Nance-Kitsap Way/Weslon Place" rezone to the Bremerton Planning Commission to ensure proper public participation in the reviewing process. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: REVIEW DATE: NOTICE OF ACTION PULLED ~ TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] A : COUNCIL DIRECTIVE: AGENDA BILL NO.: OD -' [ ct 5' 22 CLEARANCE COMMENTS: r 6. IMPACT OF NON-PASSAGE: The City would probably maimain void ordinances that would expose the City to financial liability for de[~iuental reliance by permitees who relied upon permits issued under color of authority of Ordinances 4708 & 4710 if Ordinances 4708 & 4710 are found invalid by the Central Puget Sound Growth Management Hearings Board. 7. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Roger and Jennifer Nance Comprehensive Plan amendment application for the "Nance-Kitsap Way/Weslon Place" rezone would have to be re-staffe& SEPA review and SMP review (if required) would have to be re-done. Public hearings including Planning Commission and City Council hearings would have to be re-held. However, amendments to the Bremerton Co,, ~,rehensive Plan adopting any final decisions regarding this application could not be made until the calendar year 2001 due to restrictions in the GMA on how often the City's Comprehensive Plan can be amended. 8. RESEARCH SOURCES: 2 ORDINANCE NO. AN ORDINANCE repealing Ordinance No. 4708, which amended the Bremerton Comprehensive. Plan and Comprehensive Plan Map; and repealing Ordinance No. 4710, which amendect the Official Zoning Map of the City of Bremerton to conform to the 1999 amendments to the Bremerton Comprehensive Plan and Map adopted in Ordinance 4708. WHEREAS, to ensure proper public participation for the review of the Roger and Jennifer Nance Comprehensive Plan amendment application for the "Nance-Kitsap WayNVeslon Place" rezone; and WHEREAS, the Roger and Jennifer Nance Comprehensive Plan amendment application for the 'Nance-Kitsap WayNVeslon Place' rezone will be remanded to the Bremerton Planning Commission for proper public participation review; now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION t. Repeal. Ordinance No. 4708 amending the Bremerton Comprehensive Plan and Comprehensive Plan Map is hereby repealed in its entirety. SECTION 2. Repeal. Ordinance No. 4710 amending the Official Zoning Map of the City of Bremerton to conform to the 1999 amendments to the Bremerton Comprehensive Plan and Map is hereby repealed in its entirety. SECTION 3. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading the J 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 S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk TO: BREMERTON CITY COUNCIL August 23, 2000 ~'------~~o o PUBLIC FIEARING CONSIDF~,~XING TFIE REPEAL OF ORDINANCES 4708 AND 4710, TO BE MADE PART OF ~ OFFICIAL ~ COUNCIL RECORD. A LISTING OF LEGAL ISSUES PRESENTED in the PETITION FOR GMml REVIEW RELATENG TO ~ WESLON PLACE BEZONE - Legal Issue #1: In enacting ordinances 4708 and 4710 was the city in violation of RCW 37-70A.035 (1) by not conforming with requirements governing Public Participation and Notification of the public, the Tribes and Department of Ecology ?, Legal Issue #2:In enacting ordinances 4708 and 4710 was.the city in violation of RCW 37-70A.035 (2Xa)~by the city's actions of allowing changes after the oppommity for review and comment has passed ? Legal Issue//3 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 3%703,035 (2)(a) by the city's actions of giving no notice of the changes made to the original application, including extensive Boundary Line Adjustments moving the rezone perimeter 200 feet back from the Ordinary High Water Mark OHWM_? Legal Issue #4 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 37-70A.035 (2)(a) by the city's neglect to issue a DNS, nor offering a public review regarding the changes made ? Legal Issue #5 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 37-70A.035 by neglecting to give notice on the original amendment / rezone that wetlands / shorelines / shorelands were involved ? Legal Issue #6 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 36-70A. 172 (1) and (2) by neglecting to address the 'Critical areas' - designation and protection by neglecting to prepare a Critical Land Ordinance Review per local Ordinance ? Legal Issue #7 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 36~70A.070 (1) Comprehensive Plan's Mandatory Elements by not conducting the required review of drainage, flooding, and storm water runoff ? Legal Issue #8 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 36'-70A.070 (2) by neglecting to study and report methods to preserve the vitality and character of an established residential neighborhood ? Legal Issue #9 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 36-70A.280 by not being SEPA compliant in their processing of Small Area Rezones / Project Actions; failing to issue a DNS which is an action document for the Department of Ecology.? Legal Issue #10 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 36-70B by combining a Comprehensive Plan Amendment, a Government action (covered under 36-70A); with a Project Action, the Rezone ? Legal Issue #11 :In enacting ordinances 4708 and 4710 was the city in violation of WAC 197-11-340 (3) (iii) by accepting an Enviromental Checklist with known misrepresentation and lack of material disclosure defining the property's waterfrom / shorelines / shorelands location ? Legal Issue #12 :In enacting ordinances 4708 and 4710 was the city in violation of WAC 197-I 1-340 (2) (b) by their not notifying the effected Tribes and the Departmem of Ecology ? Legal Issue #13 :in enacting ordinances 4708 and 4710 was the city in violation of WAC 197-11-340 (2) (c) by their depriving the Tribes and Departrnem of Ecology of their oppommity to comment on the (unissued) DNS ? Legal Issue #14 :In enacting ordinances 4708 and 4710 was the city in violation of WAC 197-11-340 (2) (d) by their inaction of not sending a DNS to the Department of Ecology (the date of issue of a DNS is the date the DNS is sent to DOE) thus depriving the public, agencies and Tribes of the ability to comment and / or appeal ? Legal Issue #15 :In enacting ordinances 4708 and 4710 was the city in violation ofBremerton Mumcipal Code (BMC) 21-02 by their actions of publishing deficient Legal Notices, which did not list Appeal Rights ? Legal Issue #16 :In enacting ordinances 4708 and 4710 was the city in violation of RCW 90-58 (SMA) and the Bremerton Shoreline Master Program (SMP) 7-5-3 (b) by not giving notice of the change of the land use within 200 feet of the OHWM at the original City Council Hearing ?. I believe that the above information is true, to the best of my knowledge. Helen Miller P.O. Box 788 Bremerton, WA 98337 (360) 373-0855