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HomeMy WebLinkAbout11/21/00 AGENDA CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 21, 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 - November 1, 2000 (#AB00-257) B. Professional Services Agreement with Lane, Powell, Spears & Lubersky; and Budget Adjustment No. 00-31 (#AB00-260) 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. Director of Building & Planning Employment Contract for Christopher R. Hugo (#AB00- 258) 10. RESOLUTIONS /_ A.Resolution No. 2782, Endorsing Kitsap Regional Coordinating Council Legislative Agenda for 2001 (#AB00-259) 11. ADJOURNMENT OF MEETING HA VE A HAPPY THANKSGIVING HOLIDA Y! AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FORAGENDA Of: NOVEHBER 21, 2000 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING - NOVEHBER 1, 2000 ORIGINATOR: CAROL AP, ENDS ~ PRES I DENT DATE SUBMITTED: NOVEHBER ~), 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AMEba COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0~ -,~" 7 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #172~) UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES November 1,2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, November 1, 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. Aisc present were City Attorney Glenna Malanca; Acting Deputy City Clerk Rich Hanna; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed by the invocation given by Council President Carol Arends. President Arend$ made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; and (2) Council will hold two Executive Sessions immediately following the meeting tonight in the Council Conference Room to discuss a "Real Estate Acquisition" per RCW 42.30.110(1)(b); and to "Review Personnel Performance" per RCW 42.30.110(1 )(g). CONSENT AGENDA A. Meeting Minutes - October 18, 2000 (#AB00-240) #0028 MlSlClU (McConnell/Law) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0048 MlSlClU (Law/McConnell) On November 1, 2000, the Council does approve for payment those vouchers included and further described as follows: 246366 - 246552 in the amount of $620,814.13; and Retiree Payroll for the period ending October 31,2000 in the amount of $115,137.06. COUNCIL MEMBER REPORTS Jim Reed reported on the "lively" District 8 & 9 meeting held a few weeks ago and hoped those who attended found it informative. He added that his wife and new baby boy are doing well. Conrad Esser thanked the citizens who came to the District 8 & 9 meeting, and also hoped they found it informative. He commented on the new sculpture on the "Embassy Center" on 6th Street, appreciating the art deco design. Mike Shepherd echoed the sentiments of Mr. Esser, and added that Reverend Robertson and his congregation have even more plans for future improvements in the area. He announced several upcoming events including the "First Friday Art Walk" and the next District 5 meeting on Thursday, November 16 with a representative from the Kitsap County Division of Aging. Lastly, he thanked all of the downtown businesses that participated in the Downtown Bremerton Trick-or-Treat event. Ed Rollman reiterated that Iow-income Bremerton residents could contact Kitsap Community Resources at 479-1507 or 377-0053 to submit an application for help in paying their energy bills. John Law announced the next District 3 meeting would be held Tuesday, November 21, 2000 beginning at 7:00 P.M. in the Senior Center located at 13th & Nipsic. TAPE #1729 City Council Reg. Mtg. Minutes November 1, 2000 Page 2 of 5 Wayne Olsen thanked the Bremerton Chamber of Commerce and downtown businesses for their efforts in organizing the Third Annual Downtown Bremerton Trick-or-Treat event, and because of its enormous success, he announced a similar Christmas event is currently being planned. President Arends attended and enjoyed the dinner served at the Knight's of Columbus' 18th Annual Spaghetti Festa event held on Sunday to benefit the Olympic Kidney Center. MAYOR'S REPORT Mayor Horton announced an "Election-Night Results Party" on Tuesday, November 7, beginning at 7:30 P.M. at the Admiral Theater. This non-partisan community event sponsored by The SUN, the Olympic College Foundation, and the Admiral Theater will include a computer link directly to the courthouse allowing immediate voting results. Mayor Horton was pleased to announce the "Exemplary Compliance Recorc~' award was presented by the Department of Ecology to John Po.ope, Wastewater Manager and Pat Coxon, Wastewater Treatment Plant Manager in recognition of the quality service done at the Wastewater Treatment Plant facility. She personally thanked them and their staff for the outstanding job they have done. A Proclamation was read proclaiming continued support for the "It's Time for Kitsap Kids" initiative promoting developmental assets in order to help accomplish its community purpose, role and mission. Charlene Burnett of the City Parks Department received the Proclamation as a new member of the County Commission on Children & Youth, who explained that this was not a "program", but rather a positive way of thinking about children, and not to focus on the negative. LEGISLATIVE REPORT- There was no report this evening. PUBLIC RECOGNITION Susan Brown provided a history on the steps she has taken over the past several years to have a clear process included in the "Council Rules & Procedures" to file an ethics complaint against a City official. She provided copies of the "Appearance of Fairness" statement as defined by Municipal Research Services and by the City. H. Emily Moshay reported on the excellent turnout for the Third Annual Downtown Bremerton Trick- or-Treat event. She announced the Bremerton Chamber of Commerce's "After Hours Reception" at the Collective Visions Gallery located at 331 Pacific Avenue, this Friday at 5:00 P.M. Anita Williams announced that the Bremerton Symphony is celebrating their 58th year. She introduced the new maestro, John Welsh, and added the City is very lucky to have him. He left a brochure with upcoming performance dates. Roger Nance, Jr. asked for clarification regarding the approval process for building permits. Suzanne & Pat Wright, owners of Just Your Cup 'O Tea, were thrilled to participate in the "bigger and better" Downtown Bremerton Trick-or-Treat event held last evening. She also asked for volunteers for the Lutheran Social Services, and stated that anyone interested may contact Beth Buchanan at 377-5511, ext. 17. TAPE #172~) City Council Reg. Mtg. Minutes November 1, 2000 Page 3 of 5 Susan Holland discussed public safety issues of the parking lots in downtown Bremerton after a series of broken windows and break-in of vehicles parked in the lots. She learned from the Police Department that over 200 break-ins occurred over the last 2 months. She asked that an ordinance be passed which would require business owners to provide surveillance cameras, lighted areas, and signs posted in high crime areas. She believed it was the responsibility of the managers, businesses, and the City to provide safety. She will return in two weeks to see if any positive action has been taken. Bob Duprie, Manager of Diamond Parking, was unaware of the figures provided on the number of break-ins, and asked that it be verified. He further stated he believes a number of the break-ins have occurred in a "problem area", and not just particularly because of the parking lot. He handed out a list of suggestions and believes a "curfew" ordinance should be considered. 9A - ORDINANCE NO. 4724 (SECOND READING). AMENDMENTS TO THE BY-LAWS OF THE BREMERTON PARKS & RECREATION COMMISSION (#AB00-236): The first reading of this ordinance was heard at the Council meeting on October 25, 2000. Cris Gears, Parks & Recreation Director, reiterated the Parks & Recreation Commission considered reducing the number of members from 9 to 7, and that this action would have no impact on the current Commission because there are 2 vacancies at this time. There were no comments from the public. #1390 M/S/C/U (FarflOIsen) Move to pass Ordinance No. 4724 on second reading, regulating the functions of the Bremerton Parks & Recreation Commission. 9B - ORDINANCE NO. 4725 (SECOND READING) ON STREET VACATIONS FOR PORTIONS OF "C" STREET, NEBRASKA AVENUE. AN ALLEY BETWEEN BAY VIEW DRIVE WEST, AND STATE ROUTE 3, SOUTH OF "C" STREET (#AB00-238): The first reading of this ordinance was heard at the Council meeting on October 25, 2000. Information was provided by Jeff Shea, Senior Engineer, which reiterated that the rights-of-way are located in areas that were purchased by the City as part of the Wastewater Treatment Plant odor mitigation; and that a portion of these properties have been purchased by Rodney & Linda Parr for development, and the City has retained the portion of the property abutting the north end of the Wastewater Treatment Plant. There were no comments from the public. #1480 M/S/C/U (Reed/McConnell) Move to pass Ordinance No. 4725 on second reading, vacating a portion of C Street, Nebraska Avenue, and an alley between Bay View Drive West and State Route 3. Wayne Olsen stepped out of the meeting at approximately 6:17 P.M., and was not available for the previous vote. 9C - PUBLIC HEARING ON REVENUE SOURCES FOR THE 2001-2002 BUDGET (#AB00-241): Rich Hanna, City Treasurer, stated this hearing is being held as required by RCW 84.55.120, and that the hearing must include discussion of possible increases in property tax revenue. There were no comments from the public. No action from the City Council is required. Wayne Olsen returned to the meeting at approximately 6:21 P.M. TAPE #1729 City Council Reg. Mtg. Minutes November 1, 2000 Page 4 of 5 9D - ORDINANCE (FIRST READING). LEVYING PROPERTY TAXES FOR COLLECTION IN 2001 (#AB00-242): Rich Hanna, City Treasurer, mentioned that the City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy at the statutory rate limit and special levies for EMS and bond redemption at rates previously authorized by the voters. The language of the ordinance has been provided by the State Department of Revenue via the County Assessor's Office in order to comply with the provisions of Referendum 47. If Initiative 722 is passed by the voters, this ordinance may require modification at a latter date. Bob Duprie, Manager of Diamond Parking, asked that the City of Bremerton re-evaluate the way businesses are taxed. Mr. Hanna responded that the valuation placed on real property is established by the Kitsap County Assessor's office. He further explained that the value-based tax process would include taxes on transactions taking place on business premises such as the B & O Tax, and Sales Tax. The property valuation would determine whether total taxes on any given property would increase or decrease. #1935 M/S/C/U (Law/Reed) Move to approve ordinance on first reading, levying property taxes for collection in 2001. 9E - ORDINANCE (FIRST READING). AUTHORIZING THE LEVY OF PROPERTY TAXES AT A RATE IN EXCESS OF THE INCREASE IN THE IMPLICIT PRICE DEFLATOR (#AB00-243): Rich Hanna, City Treasurer emphasized that Referendum 47 requires City Council to pass by super- majority a separate action stating their intention to levy property taxes at a rate greater than the change in the Implicit Price Deflator. The change in the Implicit Price Deflator for 2001 taxes is 2.61%. Non-passage of this ordinance would result in the growth of future tax levies being limited by this rate of change. There were no comments from the public. Mr. She.Dherd asked how much revenue would be lost if the tax rate were reduced. He also asked if during the budget process budget cuts were made, would then the Council be bound to collect the property taxes based on the increase, or could there be an allowance be made. Mr. Hanna answered that $55,000 in revenue would be lost if the ordinance were not approved and any additional information could be made available prior to the second reading of the ordinance. Mayor Horton suggested that a meeting be held with the County Assessor to help educate the Council on the assessed valuation of City property. #3645 M/S/F (FardOIsen) Move to approve ordinance on first reading, limiting the City's levy increase to 106% of the 2000 levy. Voted in favor of this motion: Farr, OIsen, Shepherd, Arends Voted opposed to this motion: Esser, Reed, McConnell, Law, Rollman Motion failed. With no further business, meeting concluded at 7:07 P.M. Council then reconvened in the Council Conference Room for two Executive Sessions to discuss a "Real Estate Acquisition" per RCW 42.30.110(1 )(b); and to "Review Personnel Performance" per RCW 42.30.110(1 )(g). TAPE #172§ City Council Reg. Mtg. Minutes November 1, 2000 Page 5 of 5 PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CAIPJ/Islcge c: Normal Distribution File 7 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 11/21/00 ORIGINATING DEPT: Executive Employment Contract ORIGINATOR: Mayor Horton Director of Building & Planning DATE SUBMITTED: 11/15/00 Christopher R. Hugo 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Employment Contract Job Description HR Manager('"~~~ ,', City Attorney:/~'/. ~'~d'~ :.~ . .~ Finance:' ENDORSEMENTS '~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Christopher R. Hugo has been employed by the City of Spokane, WA since 1979 in the Planning Services Department as Program Manager in Neighborhood Planning, Current Planning and Growth Planning. He comes highly recommended by the City Manager, peers, civic, neighborhood, business and professional organizations. 8. RECOMMENDATION: Motion to confirm the appointment of Christopher R. Hugo as Director of Building & Planning 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED APPROVED DISAPPROVED __ AMENDE[ COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: There will continue to be a vacancy for this position. 6. IMPACT ON STAFFING~ BUDGETST FACILITIEST EQUIPMENT OR OTHER RESOURCES: Monthly pay of $6,965 included in existing budget. 7. RESEARCH SOURCES: EMPLOYMENT CONTRACT Director of Building & Planning This Employment Contract is entered into this __ day of November, 2000 by and between the City of Bremerton, a chartered first class municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City"), and Christopher R. Hugo (hereinafter referred to as "Director of Building & Planning"). In consideration of the mutual benefits and promises herein contained, the parties agree as follows: 1. DESCRIPTION OF SERVICES: The Director of Building & Planning agrees to furnish full time services as defined in the job description for the Director of Building & Planning which is attached and hereby incorporated as a part of this Agreement, which may be amended by the City upon thirty (30) days notice to the Mayor. 2. SUPERVISION: The parties understand and agree that the Director of Building & Planning will perform independent functions and responsibilities in the exercise of his field of work. In the performance of these duties the Director of Building & Planning shall work under the direction of the Mayor. 3. TERM: The Director of Building & Planning shall serve at the pleasure of the Mayor commencing November __, 2000, and continuing until termination or removal by terms of this Agreement infra. 4. COMPENSATION: The Director of Building & Planning and City agree that compensation for services rendered under this agreement shall begin at band 1, rate 6, three thousand four hundred and eighty-two dollars and fifty-seven cents ($3,482.57) semi-monthly, with a monthly rate of approximately six thousand nine hundred sixty five dollars and fourteen cents ($6,965.14). The Director of Building & Planning shall be eligible for a pay rate adjustment upon completion of twelve months at each rate in the salary band provided that he receives a "Meets Expectations" (or equivalent) on his work performance evaluation. Said compensation shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that the Director of Building & Planning is an exempt position pursuant to the Fair Labor Standards Act. 5. BENEFITS: All benefits shall be afforded as provided for in this Agreement pursuant to the Bremerton Municipal Code, specifically, Chapter 2.50, Management & EMPLOYMENT CONTRACT-1- Professional Staff Compensation Program, and as provided under the laws of the State of Washington relevant to the position of Director of Building & Planning, unless specifically provided otherwise in this agreement. Vacation is set at twenty-five (25) days per year. For the year 2000 vacation leave shall be pro-rated based upon date of hire. Subsequent years shall follow the established increases in vacation leave based on years of service pursuant to 20.50.040 (c) of the BMC as applicable. 6. PERFORMANCE REVIEWS: Performance reviews shall be conducted in compliance with applicable Human Resources Policies, and shall utilize review standards and forms approved by the Human Resources Department. 7. EXCLUSION FROM COLLECTIVE BARGAINING: The Director of Building & Planning acknowledges, understands and agrees that the position he is accepting with the City is not included in the City's Civil Service system, is exempt from Union Membership, and is a managerial/professional employee as defined under BMC 2.50. 8. TERMINATION OF SERVICES: The Director of Building & Planning is an "at will" employee and the City may terminate him without cause, at any time, with thirty (30) days notice required. In the event of a termination without cause by the City, the Director of Building & Planning shall be entitled to three (3) months severance pay. In the event that the Director of Building & Planning shall terminate employment with the City, he agrees that he shall provide the City not less than thirty (30) days prior notice of the effective date of said termination in order to afford the City a reasonable oppommity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of thirty (30) days notice, that they may, in good faith, negotiate an earlier termination date. This Agreement may be terminated for cause, without notice, and employee understands, agrees and accepts that no severance pay shall be paid. "Cause" shall be defined as including but not limited to any reason for which a regular employee may be dismissed under the Bremerton Civil Service Rules, specifically Rule 19. GENERAL PROVISIONS: A. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. B. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. EMPLOYMENT CONTRACT-2- C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: Human Resources Department Christopher R. Hugo 239 - 4t~ Street c/o City Hall Bremerton, WA 98337 239 4th Street Bremerton, WA. 98337 D. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CHRISTOPHER R. HUGO Director of Building & Planning REVIEWED BY: CITY OF BREMERTON: BY: CAROL S. CONLEY LYNN HORTON Human Resources Manager Mayor Received for Filing: APPROVED AS TO FORM: KATHLEEN McCLUSKEY GLENNA MALANCA, City Clerk City Attorney EMPLOYMENT CONTRACT -3- DIRECTOR OF BUILDING & PLANNING GENERAL PURPOSE: Under general administrative direction, performs a variety of management, administrative and pro£essional work in the development, implementation 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 staff and 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/cconley Page l of 2 ~ ~ Serves when needed as a member of a task force or committee composed of city, county, state or private groups. Oversees the development and maintenance 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 functions. 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 frequently 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 Ci.ty and other officials, civic and business leaders, and the general public. · Ability to establish effective working relationships with all of the above. Ability to prepare and analyze comprehensive and technical reports and data. Director of Building and Planning 2 August 2000/cconley Page 2 of 2 }4 QUAI,IFYING EDUCATION AND EXPERIENCE Master's degree 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 planning 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 ability to obtain one within three (3) months from date of hire. I,EGAL 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. 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 j ob change. Approvals: Human Resources Manager: Date: Mayor: Date: City Council President: Date: Director of Building and Planning August 2000/cconley Page 3 of 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution No. 2782 FOR AGENDA: November 21, 2000 Kitsap Regional Coordinating Council ORIGINATING DEPT: Legal Legislative Agenda 2001 ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: November 9, 2000 2. CLEARANCES: (C~mment on back if necessary) 3. EXHIBITS: ,~"~'~ ~.~//~~ ~-_....._ Kitsap Regional Coordinating Council 'GL]~NNA MALANCA, City Attorney Legislative Agenda 2001 STUDY SESSION ON 11/8/00 COUNCIL OPERATIONS COMMITTEE STUDY SESSION ON 11/8/00 FISCAL & BUDGET COMMITTEE ENDORSEMENT'IS~] INFORMATION ['--] APPROVED FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Kitsap Regional Coordinating Council (KRCC) has develOped a consensus Countywide Legislative Agenda for the 2001 Washington State Legislative Session and is now requesting member jurisdictions to endorse the Agenda for submission to the Legislature. 5. RECOMMENDATION: Review and consider endorsement of KRCC Agenda for 2001 Record Motion: Move to pass Resolution No. 2782, endorsing Kitsap Regional Coordinating Council Agenda for 2001. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [--] TABLED [--l APPROVED [--] DISAPPROVED [--]COUNCIL DIRECTIVE: AMENDI OTA 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: Bremerton will not join the petition to the Washington State Legislature requesting action on the recommended actions. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 11. RESEARCH SOURCES: 1'7 RESOLUTION NO. 2782 A RESOLUTION of the City of Bremerton City Council, endorsing the Kitsap 2001 Countywide Legislative Agenda developed by the Kitsap Regional Coordinating Council WHEREAS, the jurisdictions throughout Kitsap County recognize that speaking with one voice to the Washington state Legislature is the most effective way to accomplish common legislative goals; and WHEREAS, the Kitsap Regional Coordinating Council (KRCC) developed a consensus Countywide Legislative Agenda for the 2001 Washington state Legislative Session, through a series of written surveys of elected and appointed officials, joint meetings of the KRCC Policy Board and Cities' elected and appointed officials, and monthly meetings of the KRCC Policy Board; and WHEREAS, the 2001 Countywide Legislative Agenda as attached hereto and incorporated by reference herein has been identified by City and County elected officials as addressing the most important issues of common concern to the Kitsap Cities and County for this legislative session; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON 1. The 2001 Countywide Legislative Agenda developed by the Kitsap Regional Coordinating Council is hereby endorsed and represents the official position of the City of Bremerton. 2. The Washington State Legislature is urged to accomplish the above 2001 Countywide Legislative Agenda during its 2001 legislative session. 3. The Mayor of Bremerton is hereby directed to sing multi-jurisdictional statements to this effect as part of materials prepared by the Kitsap Regional Coordinating Council to petition the Washington State legislature for the recommended actions. PASSED by the City Council of the City of Bremerton this day of November, 2000. CAROL ARENDS Council President KITSAP REGIONAL COORDINATING COUNCIL Legislative Agenda 2001 as qf November 1, 2000 Issue Area Consensus Comments Legishttive Initiative a. Tax increment financing: Collaborate with PSRC. 1. Economic Community Revitalization Act Development b. Protect 1999 Legislation (enabling Collaborate with EDC PUD to wholesale telecom service) Telecom Committee from changes c. Form Statewide Military/Industrial Collaborate with PSNBA. Commission: Military Job Retention a. Fully fund auto & passenger service at current level of service Developed by KRCC b. Higher fares for better service. 7)xmaportation Policy 2. Transportation c. Fund more Bremerton POF service Committee. d. Implement full Passenger Only Ferry Program (Kingston & Southworth) See attached. e Review options: operations, capital regionalization (EXPERT REVIEW PANEL) f. Lift 1-601 lid on ferry fares. Evolving initiatives from the Collaborate with AWC. 3. Water Rights Issues Washington Water Utilities Council. 4. Growth Management Increase expenditure period for impact fees from 6 to 10 years. Act $. Parks & Recreation Option for 25% of REET for park Support WSAC initiative. operations & maintenance a. Felony cases & inmates: capital & operations. (I-htmEST PmOmTY) 6. State Funding for b. Public health, to replace loss of MVET funds. Regional Services c. Odd-year election costs. d. ESA coordination/implementation: habitat acquisition & staffing e. School infrastructure (e.g. sidewalks) within one mile of site Z Authority for a. Emergency Communications: constructiom upgrading, and Regional Services & [ operations funding authority: 1/10 of 1% countywide sales tax Funding] imposed by countywide vote b. Solid Waste collection service: contracting authority for counties. , 8. Other More local oversight of local non-tribal gambling licensing. Issues: MARY MCCLURE~ EXECUTIVE DIRECTOR 2~406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762 WWW. KITSAP REGIONALCOUNClL.ORG KITSAP REGIONAL Kitsap County Message to the Legislature: Cross Sound Ferry Service 1. No Further Reduction in Current Service Kitsap County's bottom line: The current level of service in both auto and passenger only fast ferries (POFF) must be maintained. This includes both operating expenses and supporting capital. The existing ferry service provides integral segments of four major transportation corridors that link Seattle and King County to Bainbridge Island, the Kitsap and the Olympic Peninsulas: SR 305, 104, 304, and 160. The cost of the marine highway is not significantly higher than other bridges and special-purpose roadway segments that WSDOT routinely funds. Compare Snoqualmie Pass' 26,000 daily users and winter maintenance requirements to the 52,000 daily users of the Kitsap ferry routes: year-round, annualized construction and maintenance costs for the ferries are only 16% higher. (Note: These costs do not include road right of way purchase or ferry operations that are partially offset by user fees.) 2. Hi~her Fares for Better Service Fare increases are acceptable only to provide improved service. Kitsap County is already a leader in transportation user fees. Kitsap County needs better ferry, service. Our citizens would be willing to pay higher fares to support expanded passenger only service. 3. It is Time for More Passenger-Only Se,wice~ Not Less Passenger-only ferry service is the right answer for Puget Sound. Auto and passenger ferry service is clearly called out in the Puget Sound Region's Metropolitan Transportation Plan as an essential priority to address WSDOT's congestion management and Washington State's growth management goals. (PSRC's 1995 Metropolitan Transportation Phm & draft 2001 Destination 2030) * The first priority is expanded passenger service on the Bremerton to Seattle run -- a necessary pre-condition to downtown Bremerton re-development and congestion relief for downtown Seattle. Filling in midday and evening service gaps and additional peak capacity can be accomplished in one of two ways -- either through full utilization of the existing passenger vessels or through relatively short term lease on other existing vessels. * The second priority is extending passenger-only service on Kingston and Southworth routes to Seattle, where job growth outstrips residential growth by a factor of 7: 1. Passenger-only is the Kitsap HOV lane to downtown Seattle. 4. Look at Implementatiol~ Options Better options for operations, capital, and governance need to be reviewed. An expert review panel, as required by Washington State's High Capacity Transit law, is the right vehicle to examine the full range of possibilities. MARY MCCLURE~ EXECUTIVE DIRECTOR 26406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 377-4900 FAX: (360) 297-7762 WWW. KITSAP REGIONALCOUNCIL.ORG AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Retain outside legal counsel for City FOR AGENDA: November 21, 2000 Council representation on issues relating to the ORIGINATING DEPT: City Council rejection of City Attorney's resignation and ORIGINATOR: Carol Arends, President acceptance of withdrawal/Budget Adjustment 00-_9~ DATE SUBMITTED: November 20, 2000 2. C~EARANCES: (Co~mment on back if necessary) 3. EXHIBITS: GLE~lqN~ MALANCA, City Atto~gy Degginger of the lawfirm LANE POWELL c, ~ - Proposed Professional services contract with Grant CO ~UN.~IL OPERATIONS COMM]TTEE Budget Adjustment Request No. 00- · r~'~& BUDGET COMMITTEE ENDORSEMENT [~ INFORMATION ['-] APPROVED FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT ~~. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Council is considering the retention of outside legal counsel to represent the Council to support the Council's rejection of the City Attorney's resignation and acceptance of the City Attorney's withdrawal of her resignation. 5. RECOMMENDATION: 1. Move to approve the proposed contract for professional services with LANE POWELL SPEARS and LUBERSKY to represent the City Council in the matter of the City Attorney's resignation, in an amount not to exceed $20,000. 2. Move to approve Budget Adjustment Request No. 00- -3 i 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED E] TABLED E] APPROVED [--] DISAPPROVED E~ AMENDED E] DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: ~'fl~,~ -- d>~ ~_~2 C' 9. IMPACT OF NON-PASSAGE: The City Council will not have necessary independent legal counsel to assert the City Council's authority to reject the City Attorney's resignation and accept the withdrawal of her resignation. The Mayor has indicated that she has retained outside counsel to assert her position in the matter. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: $20,000 expenditure on budget to be determined 11. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT LANE POWELL SPEARS & LUBERSKY The City of Bremerton ("City") and Lane Powell Spears & Lubersky (~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 representation of the City Council on issues relating to the rejection of City Attorney's resignation and acceptance of her withdrawal. Retained Counsel shall work under the direction of the City Council through the Council President. 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 Council through the Council President. I1. Term: This Agreement commences on November 21, 2000 and terminates on December 31, 2000. II1. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Twenty Thousand Dollars ($20,000). IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which adse 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 from 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. B. Entire A,qreement: 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. Severabilit¥: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. LANE POWELL SPEARS & LUBERSKY 11/21/00 - Page 1 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: Carol Arends, President Grant Degginger and Jim Robart City Council Lane Powell Spears & Lubersky 239 Fourth Street 1420 Fifth Avenue Suite 4100 Bremerton, WA 98337 Seattle, WA 98101-2375 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 adsing 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 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: Carol Arends By: its: President its: [.~.NE POWELL SPEARS & LUBERSKY t 1/2_1/00 - Pa~ 2 LANE POW'ELL Suite 4100 SPEARS 1420 F~h Av~e S~e, WA 9g 101 FA~-~ CO~R PA~ L~ERSKY Tel: (206) 22~-7000 F~: (2~) 223-7107 L~ Please deliver the following pages to: Name: Nina FirmiComlmny: City of Btemerton Facsimile No: (360) 478-5251 From: Grant S. Dcgginger Re: Client number'. .. Date: Novem_l~__20~_2000 Time: If you do not receive the total number ofpages ( 1 ), please call. _f206)223-7110 Original Document to Im mailed: __ Yes _X No II?ae informa~n in this tnessag~ is O~uted only for the add~ssee's authori~l agant The message may cont~n irtforrnation that i~ privileged. vonfla~ntlaL ar ot~erv~ =~tnp~ from disdoxw~. ~ tl~ reader of this m~sage is not fnt~Ied rec~ient or recilaient's au~rl~d agen~ then you ar~ ratified tt~t any d~ss~tfnation, disaqbu#on or COl~ing of this me~ag~ ~s pl'oh~bitt~, lf yo.. have r~ved this messag~ in error, please notify tim sender by ~ltIg~one anal retwrt ~ orlgirml and any cop~s of tile me, saga by mail to tkg so~ler at ~e addre~ stat~d ~o~¢. COmm~nl~ Nina, per your r~que~. Partners- GSD-$240 Associates - $165-180, delmnding oz~ experience Paral~als - $100-125 Any quemions please call. CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: COUNCIL / GEN. MISC. Adjustment Number: O0 - 31 I Approval Authority Required: ~--~Treasurer ~--]Mayor ~- Fiscal & Budget r~council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount REDUCE: INCREASE: General Miscellaneous 20,000 Professional Services 20,000 NARRATIVE: This adjustment will provide expenditure capacity for Council legal services. Department Head Signature Date Director Signature Date Treasurer Comments: F---~Rec°mmended F---]N°t Rec°mmended i~-s-~ i~ ii~-~-i-a t u re~ \//42~/ T ~ Date/r -~ Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: Approved ~ Denied -~, ',--_ ~sdal & Budget Committee Signatu~re Date