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Home My WebLink About10/13/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360} 478-5251 ***AMENDED*** OCTOBER 13, 2004 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room 209 A. General Council Business B. Discussion on the "PROPOSED I NTERLOCAL AGREEMENT CONCERNING LAW AND JUSTICE SALES TAX REVENUE" with Kitsap County Prosecutor Russell D. Hauge 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Claims & Check Register (#AB04-208) 4. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4911 [Second Reading] amending Section 2.18.020 of the Bremerton Municipal Code relating to the Audit Committee (#AB04-204) B. Resolution No. 2944 declaring an emergency condition, authorizing the Mayor to apply for an emergency loan from the Public Works Trust Fund to repair Brentwood Avenue Force Main (#AB04-209) 5. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will convene in the Council Conference Room for a LEGISLATIVE REVIEW COMMITTEE to hear presentations on the following proposed items. Please note that no action will be taken, and the content of these items are subject to change. 1. Reappointment of Sharon Cromley to the Bremerton Housing Authority Board of Directors (There will be no presentation for this item.., please contact the Mayor if you have any concerns) 2. Appointment of Sharon Shrader to the Bremerton Housing Board of Directors (There willbe no presentation for this item.., please contact the Mayor if you have any concerns) 3. Appointment of Sheldon Parr to the Public Access Citizens Advisory Committee (There will be no presentation for this item.., please contact the Mayor if you have any concerns) 4. 10-Year Renewal of Concession Agreement with KITSAP COMMUNITY RESOURCES - Jodi Wroblewski, Parks Depadment (Continued on back...) E-mail: citycouncil@ci.bremerton.wa.us · web: www. ci.bremerton.wa.us 5. Professional Services Agreement with (~EOENGINEERS for Geotechnical Evaluation (stability analysis) for the NAD Park and the McKenna Falls watershed entrance - Thomas Knuckey, Managing Engineer 6. Acceptance of Hazard Mitigation Grant No. E05-104 for Reservoir Seismic Upgrades - Thomas Knuckey, Managing Engineer 7. Approval of Draft 2005 CDBG Advisory Committee Recommendations - Michelle Eichhorn, Community Development Program Administrator 8. Proposed Ordinance amending Chapter 21.22 of the Bremerton Municipal Code relating to appeals of critical areas land use decisions and enforcement of violations of the critical areas code - Roger Lubovich, City Attorney 9. Resolution authorizing an Interfund Loan Extension from the "Equipment Rental & Reserve Fund (510)" to the "Wastewater Fund (451)" in an amount not to exceed $2.5 million - Phil Williams, Public Works Director; and Michael Wilson, Finance Director 10. Resolution authorizing an Interfund Loan Extension from the "Equipment Rental & Reserve Fund (510)" to the ULID No. 2002-01 Fund in an amount not to exceed $1,056,384 - Phil Williams, Public Works Director; and Michael Wilson, Finance Director 11. Proposed Ordinance creating a new chapter of the Bremedon Municipal Code relating to the regulation and use of motorized wheeled transportation devices within the City limits - Brett Vinson, Assistant City Attorney [1~ Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office by noon on the Monday preceding the Council meeting. DATE SUBMITTED: AGENDA BILL BILL CITY OF BREMERTON CITY COLFNCIL SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COUNCIL MEET1NG Date: ~,/d~--/ Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check #'s_~ea/~// through...~_ .9'fi./~-~d EFTs ~or~'~'pthrongh in the amount ors 70 2) Regular Payroll for the pay period ending - in the amount ors 3) Retiree Payroll for the pay period ending in the amount orS COUNCIL ACTiON: [] Approve [] Deny [] Table [] Continue []No Action AGENDA BILL CITY OF BREMERTON q ~ CITY COUNCIL .....SUBJECT:~'e~'~'Ci' ~{~:~Public Hearing on'Ordinance ............ 7~r~i;~ie'~'l'ie; ~ii ;~i~:'' ~12~ ;~i ;~; ......... amending BMC 2 .18.020 relating to the COUNCIL MEETING Date: Oct. ~ 13, 2004 Auditing Committee Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473.2345 SUMMARY: The proposed ordinance amends the provisions of BMC Section 2 .18.020 relating to the Auditing Committee by providing for the election of a Vice Chairman and clarifying the duties of the Chairman and Vice Chairman. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUD GET: OPERATIONS: !} [.~_~~ CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Ordinance No. ~ on second reading amending BMC Section 2.18.020 relating to the Auditing Committee. COUNCIL ACTION: [] Approve [] Deny [] 'Fable [] Continue [] No Action 1 ORDINANCE NO. ~_~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Bremerton Municipal Code Section 2.18.020 and 2.18.040 relating to appointment and duties of the Chairperson and Vice-Chairperson. WHEREAS, the City Council desires to amend the provisions of Bremerton Municipal Code Section 2.18.020 and 2. l 8.040 relating to the Chairperson and Vice-Chairperson of the Auditing Committee; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Section 2.18.020 of the Bremerton Municipal Code entitled "Membership" relating to the Auditing Committee is hereby amended to read as follows: 2.18.020 MEMBERSHIP. (a) There shall be an Auditing Committee consisting of two Council members and an independent Certified Public Accountant to be designated by Council, and two Bremerton residents selected by the designated members of the Audit Committee. The City Council may designate~ by majority vote, one alternate member to serve in the absence of either or both of the appointed Council Members. (b) The Audit Committee shall appoint the City Auditor to serve at the pleasure of the Audit Committee. The City Auditor shall only be removed by the majority vote of the entire membership of the Committee sitting as a whole. (c) In order to foster continuity, during the first meeting in January, the Committee shall elect one of tkc its members as C~ak,"man Chairperson and one as Vice Chairperson to serve a term of one (1) year. The Ckairm, anChairperson, or in his or her absence the Vice Chairperson, will conduct the order of business at meetings, coordinate communications of the committee, approve the Auditor's payroll and expenses, and perform all other duties as specified by the Committee. SECTION 2. Section 2. l 8.040 of the Bremerton Municipal Code entitled "Voting and Conflict of Interest" is hereby amended to read as follows: 2.18.040 VOTING AND CONFLICT OF INTEREST. (a) Decisions of the Committee shall be by majority vote of the members in attendance except that ifa tie vote occurs the City Auditor may cast a tie-breaking vote. A Committee member may abstain from voting at will or may be requested by Committee consensus to abstain from voting on issues that are sensitive to that member's area of control or influence. (b) When a department which is directly represented by an Audit Committee member is the subject of a particular audit, that member of the Committee will be excluded from participating in that portion of the Audit Committee agenda affecting that department and will 1 BMC 2.1&020 - Auditing Committee 2 also be prohibited from being present during any Audit Committee discussion of that audit, whether it concerns the interim report, scope or final release of a report. (c) There shall be no voting by proxy except that any member who will be absent may prepare a written statement of position to the C~ai..'~an Chairperson in advance of any meeting to be read to the members present during that meeting. SECTION 3. SeverabilitF. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full fome and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of _, 2004 ORDiNANCE NO. R:\LEGAL\Ordinances\Auditor\BMC 2.18.020.v2.doc 2 BMC 2.1& 020 - Auditing Committee 3 DATE SUBMITTED: 10/13/04 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Declaration of Emergency- Committee Meeting Date: 10/13/04 Brentwood Avenue Force Main COUNCIL MEETiNG Date: 10/13/04 Department: PW&U Presenter: Phil Williams, Director Phone: 473-5755 SUMMARY: Approx 670' of 42" corrugated metal (CMP) storm line that drains portions ofSR3 & Kitsap Way, as well as surrounding private property is in poor condition & needs to be repaired before wet weather season arrives. We have completed spot repairs on this line in the past, but were not aware of its overall condition until recently. In early Oct we conducted a TV inspection of the entire length of this line & found the bottom of the pipe was completely failed in many locations, but particularily in the upper 300 feet. Our Utilities Ops Manager recommends this line be repaired immediately. The primary risk is a large storm event may cause total failure of the line & extensive property damage. The stormwater budget for 2004 did not anticipate this project. There is approxi- mately $26,000 left in the 2004 stormwater budget for capital, but this is insufficient to complete the work. We recommend Council pass this resolution declaring an emergency & instruct staff to apply for an emergency loan from the Public Works Trust Fund for $200,000. Our recommended remedy is use of Cured In Place Pipe (C1PP) technology from either Insituform or Gelco. We will have a better idea on costs for this work in approximately 1 week & can update Council at that time. RCW 39.04. 280(1)(c) specifically authorizes a municipality to waive competitive bidding require-ments for pnrchases in the event of an emergency, and BMC 2.76.600(a)(3) provides the City is not required to seek competitive bids to effectively respond to emergencies. It is recommended City Council declare an emergency & authorize repair of the Brentwood Avenue Force Main. ATTACHMENTS: Resolution FISCAL IMPACTS (Include BudgetedAmount): This project is not budgeted for 2004. APPROVALS: MAYOR: FISCAL/BUDGET: This project, £s not bOdgeteo for 20uqI. OPERATIONS: )e~ ~, ~- ~'~ / ~ .~ ,~ ,I CONSENT AGENDA [] COUNCIL PR IDENT: RECOMMENDED MOTION: The City Council approve Resolution No. 2q t? delcaring an emergency, authorizing the Mayor to apply for and_execute zny deeument-~--eed-':q~r an emergency loan from the Public Works Trust Fund to repair 670 feet of the Brentwood Avenue Storm Line, and further authorizing the Mayor to enter into any contracts necessry to complete the worl9 COUNCIL ACTION: [] Approve [] Deny [] Table t~L [] Continue [] No Action RESOLUTION NO, ~t~q A RESOLUTION of the City Council of the City of Bremerton, Washington declaring an emergency condition exists and authorizing the Mayor to take necessary steps to arrange funding for and make emergency repairs to approximately 670 feet of Brentwood Avenue storm drain as provided in RCW 39.04.280(1)(c) and BMC 2.76.600(a)(3). WHEREAS, Brentwood Avenue storm drain is a critical and necessary element of the City's stormwater conveyance system; WHEREAS, approximately 670 feet of the Brentwood Avenue storm drain was recently inspected and found to be in a near failure condition requiring immediate repairs throughout its length; and WHEREAS, without these repairs this line could fail during a large storm event; and WHEREAS, total failure of the Brentwood Avenue storm drain is likely to affect public health and safety and cause significant damage to both public and private property; and WHEREAS, RCW 39.04.280(1 )(c) specifically authorizes a municipality to waive competitive bidding requirements for purchases in the event of an emergency; and WHEREAS, BMC 2.76.600(A)(3) provides the City is not required to seek competitive bids when the City contracts for materials, goods and equipment in order to effectively respond to emergencies affecting public health and safety; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That an emergency condition exists due to unforeseen circumstances beyond the control of the City that presents a real, immediate threat to the proper performance of the essential function of the City's stormwater system and will likely result in material loss or damage to property and the environment. SECTION& That the Mayor is hereby authorized to apply for funding from the Public Works Trust Fund Board and cause the immediate, permanent repair or replacement of approximately 670 feet of Brentwood Avenue storm drain in accordance with the provisions of RCW 39.04.280(1)(c) and BMC 2.76.600(a)(3). SECTION3. Competitive bidding requirements are hereby waived and are not required for securing contracts for materials, goods, equipment and services necessary to respond to the emergency referenced in this resolution. SECTION4. The Mayor is hereby authorized to award all necessary contracts on behalf of the City in order to effectively respond to this declared emergency. SECTIONS. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION6. F~£fective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ ,2004. . ~ ~ ~ ,}615A~REN NYGREN, Council~ APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk