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HomeMy WebLinkAbout11/23/99 AGENDA,¢~. OF B/~.,t,' CITY COUNCIL AGENDA TUESDAY - NOVEMBER 23, 1999 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 5. 6. 7. 8. 9. CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - November 9, 1999 B. SR304 Transportation Improvement Project - Bonneville Power Administration Agreement C. Purchase of a John Deere Tractor for Gold Mountain Golf Complex #AB99-247 #AB99-248 #AB99-249 CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT LEGISLATIVE REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Naming Park Property (located at Lebo Boulevard & Reid Street, currently known as Lent Lane) to "Lent Landing" SR304 Transportation Improvement Project- Underground Storage Tank Decommissioning and Contaminated Soil Removal Bid Award #AB99-250 #AB99-251 Co Jail Contract with Kitsap County Legal Services Agreement with Kitsap County #AB99-252 #AB99-253 10. ADJOURNMENT OF MEETING Humane Society of the United States I Today's News [ COLORADO HIGH SCHOOL GU.. Page 1 of 2 Animal Issues, Choose an Issue from the COLORADO HIGH SCHOOL GUNMEN LINKED TO ANIMAL CRUELTYS HSUS Warns Parents, Teachers, Friends, and Law Enforcement Agencies to be Alert to Animal Abuse as Warning Sign of Future Violence Directed at Humans WASHINGTON, DC.(April 23, 1999) -- Investigators have linked the two young gunmen in the Littleton, Colorado, high school shootings with animal abuse and mutilation. An article in yesterday's edition of The Boston Globe (Thursday, April 22) reported that students acquainted with Edc Harris, 18, and Dylan Klebold, 17, said that the boys, both seniors at Columbine High School, spoke of mutilating animals, and espoused interest in occult rituals, androgynous rock star Marilyn Manson, and Nazism and Adolf Hitler. Researchers, as well as the FBI and other law enforcement agencies nationwide, have linked animal cruelty to domestic violence, child abuse, serial killings, and to the recent rash of killings by school-age children, according to Dr. Randall Lockwood, vice president of Training Initiatives for The Humane Society of the United States (HSUS). Lockwood directs The HSUS's First Strikea Campaign, designed to draw attention to the link between cruelty against animals and subsequent acts of violence directed at humans. '~/iolence directed at animals by young people is a sign that something is terribly, tragically wrong, and often acts as a warning of future violence, even killing, directed against humans," says Lockwood. Incidents in the last two years include: · May 21, 1998 - Springfield, Oregon. Kip Kinkel, 15, allegedly walked into his high school cafeteria and opened fire on his classmates. Two classmates were killed and 22 others injured, four critically. Later that day, police found his parents shot to death in their home. Friends and family report that Kinkel had a history of animal abuse and torture. Friends say he often bragged about torturing and killing animals. Kinkel is currently awaiting trial. · March 24, 1998 - Jonesboro, Arkansas. Mitchell Johnson, 13, and Andrew Golden, 11, allegedly shot and killed four students and one teacher during a fire drill at their school. A friend of Golden stated that Andrew "said he shoots dogs all the time with a .22." · October 1, 1997 - Pead, Mississippi. Luke Woodham, 16, stabbed his mother to death then went to his high school where he shot and killed two classmates and injured seven others. Prior to the killings, Woodham stated in his personal journal that he and an accomplice beat, burned, and tortured his dog, Sparkle, to death. He said it was "true beauty." In June 1998, Woodham was found guilty of three murders and seven counts of aggravated assault. He was sentenced to three life sentences and an additional 20 years for each assault charge. A 1997 study by the Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA) reports that youngsters convicted of animal abuse are five times more likely to commit violence against other humans than are their peers, four times more likely to be involved in acts against property, and three times more likely to be drug offenders. http ://www.hsus. org/whatnew/litteton032399.html 11/21/99 Humane Society of the United States I Today's News I COLORADO HIGH SCHOOL GU.. Page 2 of 2 "Parents, school teachers and counselors, friends police, and social service workers all must be alert that acts of animal cruelty by children. These youngsters may be in a violent home and may themselves be victims of violence in their homes. Some children may take out their anger on animals as a result and may even be contemplating suicide," says Kim Roberts, manager of the First Strikea campaign. "By reporting animal cruelty you not only help the animals, you help the abuser as well. Everyone has a responsibility to report animal abuse." More Information on the Connection Between Animal Abuse and Human Violence Copyright © 1999 The Humane Society of the United States. All rights reserved. Contact Us HSUS Calendar Join The HSUS What's New Get involved http://www.hsus.org/whatnew/litteton032399.html l 1/21/99 HSUS - Current Campaigns - First Strike Page 1 of 2 CURRENT CAMPAIGNS The First Strike Campaign Through its First Strike Campaign, The HSUS educates the public about the undeniable connection between animal abuse and human violence. The campaign also seeks to encourage professionals engaged in animal protection, law enforcement, human services, and education to work together to reverse the tide of violence in our society. Stacks of animal cruelty cases, research, and shared information illustrate the importance of collaboration between animal protection organizations and other emergency responders. The First Strike Campaign addresses the connection between animal and human violence on a national front while assisting local groups with their own anti-violence efforts. The First Strike campaign kit includes materials directed to specific audiences. Fact sheets created for animal shelter personnel, law enforcement representatives, human service workers, educators, and parents and neighbors supply answers on why animal cruelty is a concern and what each particular audience can do to intervene and prevent future violence. The packet offers guidance on where to locate existing anti-violence coalitions and how to become active members. It also details how to organize an anti-violence coalition from the ground up. This kit is available for $8.50, including shipping and handling. The HSUS's First Strike Campaign was launched with a two-day symposium entitled "Cruelty to Animals and Human Violence: Making the Connection," was held on September 9 and 10, 1997, in Washington, D.C. This ground-breaking gathering gave animal care and human welfare experts an opportunity to share research, collaborate with anti-violence coalitions, and discuss intervention, education, and prevention programs. Audiocassettes of individual sessions from this symposium are available from Lifetime Cassettes (http://www. lifetimecassettes.com/assoc/hsus, html). A special toll-free number has been established for information regarding The HSUS's First Strike Campaign. To order a First Strike packet, or to obtain further information, call toll- free 1-888-213-0956. Read More About Our First Strike ~mpaigns to End Animal Abuse · Re. a_d~M_p_m..,,~Maki__ngthe ~onp _ectiop; A Campai~ Ag~inst_V_!p!e~p_c_e" · What Teens Need To Know · Yo_u_th Vio_lence a_nd Animal _~.r_pel~y ~R~p_nt ~xam~_[e~ http://www.hsus.org/current/strike.html 11/21/99 HSUS - Current Campaigns - First Strike · what Need To Know · Thp_ Ro~lepfthe Cp_m_~pp'~ _lB Reducing Violence · Api_~a!Se~ua! Abuse Information Packet Page 2 of 2 You may also contact us at: The Humane Society of the United States 2100 L Street, NW Washington, DC 20037 (202) 452-1100 BACK Copyright © 1998 The Humane Society of the United States. All rights reserved. l~ ~ ~ ~S~PP'GRTUS' ~~ ~ http://www.hsus.org/current/strike.html 11/21/99 HSUS - Current Campaigns - First Strike Page 1 of 6 CURRENT CAMPAIGNS The First Strike Campaign: Animal Cruelty/Human Violence THE ROLE OF THE COMMUNITY IN REDUCING VIOLENCE RECOGNIZING THE CONNECTION Violence has become one of the defining characteristics of our age. Even if it hasn't touched our lives directly, we are confronted with the images and effects of it daily in the news. Because it affects all of us, it is a problem we all must address together. The Humane Society of the United States (HSUS) has developed the First StrikeTM Campaign with two goals: to increase awareness of the well-documented connection between violence against animals and violence against people and to encourage all those involved in antiviolence efforts to work together. This is our answer to the widespread practice of categorizing violence. One hears of animal abuse, child abuse, spouse abuse, abuse of the elderly, sexual harassment, violence in the work place, and so on. But when crime is categorized in this way, it is easy to lose sight of the big picture. The truth is, violence cuts across categories. Animal cruelty, in particular, is often an early-warning sign of violent tendencies that will be acted out eventually against people. The youth who tortures cats may grow up to harm or kill humans. The parent who abuses the family pet may also be abusing the children. The child who hurts an animal may already be a victim of, or a witness to, family violence. Many studies have documented the connection between violence against animals and violence against humans, and studies have shown that animal cruelty in a family is an indicator of serious problems in that family. Animal-welfare organizations routinely investigate complaints of cruelty to animals and find other forms of family violence as well. You can make a difference by forming a community antiviolence coalition with representatives from the different agencies involved in violence intervention or by working within coalitions that already exist. Interagency coalitions that recognize the connection between animal cruelty and human violence can coordinate antiviolence efforts that better protect the victims of violence, prosecute and punish those who commit violent acts, and prevent future violence through early identification of people with violent tendencies. Through community action programs, antiviolence coalitions also can raise the level of professional and community awareness and involvement so that all acts of violence are recognized and dealt with promptly and appropriately. Antiviolence coalitions can create an interagency network that will encourage cross-reporting and manage cases of http://www.hsus.org/current/community_role.html 11/21/99 HSUS - Current Campaigns - First Strike Page 2 of 6 violence cooperatively rather than in isolation, and they can examine community antiviolence laws and work to improve them. WORKING WITH COALITIONS Your community may already have a family-violence-prevention coalition or an antiviolence youth council. To find out if it does, look in the government pages of your telephone book under headings like "domestic violence," "child abuse," or 'Molence." Social-service agencies also may be able to help you. The mayor's office, chief of police, board of county commissioners, or other government agencies in your area should have information on active coalitions or councils. If you discover that an antiviolence coalition already exists, find out if representatives from animal-welfare agencies are working members of it. If not, call and ask that animal-welfare representatives be included. If coalition members do not understand why their group should include such representatives, provide them with materials from The HSUS's First Strike Campaign. Animal- welfare representatives already working in coalitions will probably be your best contacts when you share information about the animal cruelty/human violence connection, but others may also be receptive. Don't give up if you meet resistance. In 1994 the District of Columbia's Domestic Violence Coordinating Council was in the process of developing a comprehensive approach to handling cases when representatives from the Washington Humane Society (WHS) asked to be included. One of the missions of the council was to bring together the many groups in the city that had worked independently against domestic violence. While some members, representing both private and public agencies, questioned an animal-welfare organization's role on the council, it didn't take much to convince D.C. superior court judge Susan H. Winfield, chairwoman of the D.C. justice system's coordination committee. She remarked, "[WHS] taught us that people sometimes batter other people after they injure animals." If you are building a coalition from the ground up, first identify all of the key players in your community who deal with violence issues. Ideally, your antiviolence coalition would include representatives from animal-welfare organizations, state and local law enforcement agencies, the medical community, social-service agencies, family crisis centers, community programs and intervention groups, schools (teachers, administrators, school psychologists, and students), legislative bodies, veterinary clinics, churches, and the media. While government agencies are most often the investigators of violent crimes, private agencies may be involved in treatment, housing, and legal and advocacy services. All should be included. Having identified your potential coalition members, the next step is to set up a meeting. Contact all parties by letter and invite them to an informational meeting to plan the coalition. Stress the importance of identifying animal cruelty as a form of violence in families and the community. Include with your letter materials from The HSUS's First Strike Campaign and information on local cases. Follow up with a phone call to reiterate the importance of the meeting and of each group's participation. Ask for additional names of individuals and agencies who should be invited to the meeting. YOUR FIRST MEETING At the first meeting, provide an overview of the problem, the reasons for coordinating an interagency coalition, and a basic framework for short- and lone-term aoals. The meetina's a(~enda mav include brief http://www.hsus.org/current/community_role.html 11/21/99 HSUS - Current Campaigns - First Strike Page 3 of 6 introductions ~nd the~ a structured que~tion-"and-ans~er session designed to determine your coalition's priorities. Initial fact-finding questions may include the following: · What are the state and local laws governing the reporting of child abuse and family violence? · Who are the mandated reporters, or professionals required to report abuse or violence? (Many communities have laws that require social workers, law enforcement officers, fire fighters, teachers, and others to report known or suspected cases of family violence.) · What are the state and local animal-cruelty laws? · Do existing state and local laws enable agencies to share information easily? · Do agency intake forms include questions that could identify other victims in a household, including animals? · What type of violence-reporting and violence-prevention training currently exists for humane officers, caseworkers, teachers, police officers, prosecutors, and judges? · Is ongoing training available for these professionals? · Is training available for those who don't normally report violence, such as animal-control officers, animal-shelter staff, and veterinarians? · Can cross-reporting and cross-training protocols be established and offered through existing programs for mandated reporters and those other professionals who might be in a position to report violence? · Can such protocols be offered as separate training programs if they can't be incorporated into existing ones? · Are there intervention, prevention, or treatment programs that use animal-assisted therapy? SETTING GOALS The goals you set will be based on the priorities your coalition establishes. For example, if agency representatives decide that setting up a review board to share case histories is a priority, your community must have laws or policies that allow agencies to share information. If existing confidentiality laws prohibit the exchange of information on abuse cases, for instance, your first goal would be to work toward changing those laws. Begin by researching such laws and meeting with local legislators to gain support for your proposed changes. Following is a list of goals that may be appropriate for your community: · Identify other agencies that should be included in the coalition. · Identify possible sources of funding. · Establish key questions, for investigative reports of all agencies, that would identify any possible connection between family violence and animal cruelty. · Establish cross-training among agencies. · Mandate cross-reporting among agencies. · Establish a case review board that would include r~nr~_~nnfnfivpn nf nhilcl- nncl nnirnnl-w~lfnrn nnnnni~ http://www.hsus.org/current/community_role.html 11/21/99 HSUS - Current Campaigns - First Strike Page 4 of 6 · Improve standards for rapid response to all reported acts of violence. · Initiate legislation that would require that mandated reporters share information with other investigative agencies and schools. · Propose legislation to strengthen animal-abuse laws. · Establish a safe-house program, or emergency sheltering program, for the companion animals of any victims of family violence, including children and the elderly. · Encourage representatives from social-service-agency boards to serve on humane-society boards, and vice versa. · Create a centralized reporting system to track abuse and violence cases. · Develop a public-awareness campaign using The HSUS's First Strike Campaign materials. · Develop relationships with the media and publicize, in discussing relevant cases, the connection between animal cruelty and family violence. · Incorporate humane-education values into antiviolence programs in schools and elsewhere or develop programs that foster such values. Before you adjourn the first meeting, be sure every coalition member has an assignment. Then schedule the next meeting. GETTING THE WORD OUT It's important for your coalition to publicize and promote its antiviolence message throughout the community. Get to know the media. Invite the reporters who cover the local crime beat to a coalition meeting; invite the editorial board of the local paper as well. Identify wdters with an interest in animals, family violence issues, or children and invite them to participate. Write letters-to-the-editor and make calls to talk-radio shows to discuss reported cases of violence. Always emphasize the importance of pursuing all violent offenders. Pitch the coalition's agenda to local television and radio show producers, and give them a list of experts from your coalition who are available to discuss the issue. If you've built a new community coalition, hold a press conference to announce its formation. If you've just gotten animal-welfare agencies involved in an existing coalition, announce that. Assemble a press packet including The HSUS's First Strike Campaign materials, case histories (especially local cases), the coalition's mission and action plan, research, and testimonials. Involve politicians. Ask the appropriate city or county office to pass a resolution or executive order that recognizes the connection between animal cruelty and other forms of violence, expresses commitment to the prevention of all forms of abuse, and supports the coalition's mission. Such a resolution might be the hook for a media event. Solicit funding or pro bono services to launch a community- awareness campaign. Supplement The HSUS's First Strike Campaign materials with materials specific to your community and distribute them in schools, libraries, social-service-agency waiting rooms, hospitals, and doctors' and veterinarians' offices. Coordinate campaign bus ads, billboards, public service announcements, television and radio ads, and giveaway promotions-distribute emergency-number refrigerator magnets or wallet cards with emergency numbers. Organize an awareness day-End the Violence http://www.hsus.org/current/community_role.html 11/21/99 HSUS - Current Campaigns - First Strike Page 5 of 6 Day or Family Peace Day-or an event-a walk-a-thon, a benefit, or a commemorative ceremony. Establish a coalition-sponsored speakers' bureau for service clubs, parent-teacher associations, neighborhood associations, and religious groups. Offer seminars, led by a team of professionals from the coalition agencies, at schools of education, medicine, and social work, to explain the connection between animal cruelty and other forms of community and family violence. Host a communitywide forum, town meeting, or conference. Whatever the tactic, get the information to the community: Animal cruelty hurts everybody. MEASURING YOUR SUCCESS HOW will you know when your coalition's efforts are paying off.'? One indicator of increased awareness of the connection between animal cruelty and violence against humans, and the importance of reporting all forms of violence, is an increase in the number of reports of animal cruelty and family violence. Increased reporting increases the likelihood that offenders will be identified before their acts of violence escalate. It leads to better protection for pets and families at risk. In 1987 the WHS contacted the school system in Washington, D.C., regarding a boy who had admitted killing several cats by slicing their necks with broken bottles. School psychologists were already seeking treatment for the youth for other behavioral problems when the WHS shared the animal-abuse information. The WHS and the school collaborated with police and the Department of Human Services to ask the court to mandate institutional treatment. The information provided by all investigating agencies ensured that the child, who was himself a victim of sexual and physical abuse, was sent to a residential treatment hospital. As a result of this case, the WHS and Pupil Personnel Services (the agency designated to address mental-health issues of D.C. public-school students) formed a partnership to identify, using humane officers' reports, violent juveniles and children at risk of violence in their families and to seek the appropriate intervention of psychologists and social workers. Your coalition's success can also be measured by how well it meets its own specific goals. While formal agreements between agencies may be difficult to obtain, informal networking among representatives of all investigating agencies-through agency newsletters, brown-bag lunch speakers, and frequent meetings-will generate awareness and inspire cross-reporting. WORKING TOGETHER AGAINST VIOLENCE One of the greatest contributions you can make to your community is to get people working together to stop all forms of violence. Together, we can help both animals and people. For more information, and for help with your community coalition, contact the First Strike Campaign, The Humane Society of the United States, 2100 L St., NW, Washington, DC 20037, or toll http://www.hsus.org/current/community_role.html Read More About Our First Strike Campaigns to End Animal Abuse · Read More...."Making the Copnection: ACam a~ Against ~ip.!e_pcp" · What Teens Need To Know · Youth Violence and Animal Cruelty -Recent Examples 11/21/99 HSUS - Current Campaigns - First Strike free, 1-~85-213-0956. [. What Concerned Citizens lllnf°rmati°n Packet Copyright © 1999 The Humane Society of the United States, All rights reserved, iffil~l~'~ ~ Sup~r us' ~~ ~ Page 6 of 6 http://www.hsus.org/current/community_role.html 11/21/99 Sandra Kay Fletcher P. O. Box 964 Suquamish, WA 98392.0964 Telephone: Home: 360.598.3383 Voice or Fax OBJECTIVE: To obtain an.~istrative posi~here my c~tion, admire and organi~skills will b~lized to mutuakl~nefit. EDUCATION & TRAINING: Total college credits earned: -172 credits, G.P.A. stayed between 3.50 and 3.80. * Attended: Olympic College, Bremerton, Washington: Computer Information Systems. Work nearly complete for: Certificate of Proficiency. Computer Aided Drafting; Certificate of Proficiency in CAD; + courses in Payroll Accounting and Administration; Deans List. · Attended: San Diego Community College, San Diego, California: Associate of Arts; in Marketing and Interior Design; with honors. Deans List. · Completed "A" school training and Certification at United States Naval Hospital, Great Lakes: Hospital Corps School; (Equivalent to a civilian Physicians' Assistant). SUMMARY OF QUALIFICATIONS: · Administrative Assistant & Office Manager · Accounts Payable · Accounts Receivable/Collections · Payroll Preparation · Licensed Veterinary Medication Clerk · OSHA/WISHA Compliance and Training · Veterinary Assistant · Night Attendant/Emergency Medical Assistant · Wildlife Rehabilitation Coordinator · Wildlife Rehabilitator, holding Washington State License, Federal pending · (All species to include Raptors). · Sales, Marketing and Analysis · Teaching skills and experience PROFESSIONAL HIGHLIGHTS: ALDER TRAIL ANIMAL HOSPITAL, PC (Presently employed. Started in June of 1989). Administrative Assistant & Office Manager, Accounts Payable, Accounts Receivable Manager, Property Manager, Purchasing Agent, Network Administrator, Veterinary Assistant, Licensed Veterinary Medication Clerk, Emergency Medical Assistant. Wildlife Coordinator, Licensed Wildlife Rehabilitator. SHELTON VALLEY ADVENTIST SCHOOL: Taught grades 1 - 4: Prepared lesson plans and presented lessons in science, math, and art to all four grade levels. In addition, I taught 7th and 8th grade reading and English. Served as 'school nurse ', thus maintaining medical records and prepared medical reports for the Public Health Department. Provided first aid and analyzed illnesses. HOOD CANAL WATER COMPANY Secretary/Treasurer. Provided clerical and treasurer support including billing and collections, researched legal concerns of environmental impact studies. MAY COMPANY STORES Manager of the Designer Wear, Bridal and Fur Departments. Producer of multimillion-dollar fashion shows in each department. Supervised a staff of 19 commissioned sales associates and prepared their work schedules. Saw to the security of each department and to their secure closing and vaulting. NATIONAL PROFIT PLANNING SERVICE Office Manager, Administrative Assistant, Bookkeeper and Tax preparer. Supervised three employees as office support personnel. Acted an account representative. BANK OF AMERICA (World Headquarters - San Francisco). Accounts receivable clerk, billing clerk., primary investment clerk and later Acting Fiscal Agent for the City and County of San Francisco. COMMUNITY SERVICE AND MEMBERSHIPS: , Member Kitsap Animal Welfare Agencies. Currently working on Animal Disaster Preparedness Plan for Kitsap County with AVMA, WSVMA and Kitsap Department of emergency Management. (aka. K.A.R.T.--Kitsap Animal Response Team), Wildlife Coordinator. Pet assisted therapy work. Member of the International Wildlife Rehabilitation Council, Suisun, CA , Privately own and operate Fletcher Glen Raptor Center. · Guide Dogs health-care assistant. PRESENTATIONS: · Stop Smoking Program Speaker ~ Harrison Hospital. · Instructor, 4-H Dog Club, Veterinary Science Course. · Instructor, pet grooming, various Kitsap elementary schools. · General pet care presentations for Kitsap Mental Health (& their clients). · Wildlife presentations for elementary schools & other organizations or groups. · Member Seventh Day Adventist Church, Past Vice President of Western Washington Disaster Relief and Community Services. MILITARY EXPERIENCE: Hospital Corps Wave, during the Vietnam Conflict. Held high level assignments (management and/or supervisory) at Oakland Naval Hospital. Neonatal I.C.U., Medical I.C.U., Surgical I.C.U., rated as Delivery Room & Operating Room Technician. Worked at the Amputee Recovery Center. Reassigned to Moffit Field Naval Air Station as E.M.T. at Dirigible Hangar I; then as General Manager of the Outpatient Clinic/Emergency Room. Managed and operated the Vaccination Clinic (alone) for all of the 'West-Pac' fleet members and their families for a period of six months. AGENDA BILL BRF~M~RTON CITY COU/~CIL MINUTES OF MEETING -- NOVEMBER 9, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE_ SUBMITTED: NOVEMBER 23, 1999 CITY COUNCIL MIKE SHEPHERD, PRESIDENT NOVEMBER 16, 1999 ~: (com~aent on back if necessar?) 4. $~RY STATEt~NW g_,ND REOUIREM-ENT FOR COUNCIL ACTION: 8. ~E COMYFE. NDAT!ON: o RESPONSIBLE OFFICIAL: ENFORCE~.~YENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED · COUNCIL DIRECTIVE: !0. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 3DED qq- 2q7 TAPES #1659, #1660, & #1661 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES November 9, 1999 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t" Street, Bremerton, Washington, Tuesday, November 9, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, and Cecil McConnell. Council members Wayne Olsen and John Law were absent. Also in attendance were City Attorney Glenna Malanca, Acting Clerk Rich Hanna, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, followed by the invocation, given by Reverend James Berentson of Our Saviour's Lutheran Church. Council President She.Dherd made the following announcements: (1) City Council held a Study Session in the Council Conference room, prior to the meeting, to discuss general Council business; (2) (3) The Study Session scheduled to follow the meeting tonight to discuss "Recommendations of the Lodging Tax Advisory Committee", has been postponed to follow the City Council meeting next Wednesday, November 17, 1999, in the Council Conference room; and City Council has scheduled a retreat this Saturday, November 13, 1999, from 10:00 A.M. to 1:30 P.M., at the Oyster Bay Inn on Kitsap Way. CONSENT AGENDA A. Minutes of Meeting- October 27, 1999 #AB99-233 B. Acceptance of Bulletproof Vest Partnership Grant #AB99-234 #0010 M/S/C/U (McConnell/Montgomery) Motion 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. #0025 M/S/C/U (Montgomery/Arends) On November 9, 1999, the Council does approve for payment those vouchers included and further described as follows: 236056 through 236184 in the amount of $544,525.17; and Regular Payroll for the period ending October 31, 1999, in the amount of $911,541.27. COUNCIL MEMBER REPORTS Carol Arends stated she was happy to see such a large crowd tonight, and also urged their attendance at the Democratic "Town Hall" meeting with State Legislatures to be held here in the Council Chambers tomorrow night, Wednesday, November 10, 1999, from 6:30 to 8:30 P.M. Council President Mike She_oherd was glad to be back from a recent trip to Dublin Ireland, and will postpone a more detailed report until next week. MAYOR'S REPORT Mayor Horton also urged citizens to attend the Statue Legislative Town Hall meeting tomorrow night, where topics will include the impact of 1-695. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 2 of 10 Fire Chief Al Duke presented a plaque to honor Linda Moen; Patricia Peat; and Valerie Grahn, three volunteers instrumental in the "Grace A Bremerton Firefightet" fundraiser. Police Chief Robert Forbes introduced Officer Tim Lo.Dez, recently promoted to Sergeant; and new Bremerton Police Officers Brent A. Prante, Randy D. Plumb, and Kenny Davis. An "Oath of Office" ceremony was then conducted by Judge James Docter. LEGISLATIVE REPORT Due to the absence of John Law, who was representing the Olympic Peninsula at a Department of Transportation meeting this evening, citizens of Distdct 3, lower Manette area, are reminded of the District 3 meeting next Tuesday, November 16, 1999 at the Senior Center located at E. 13t~ Nipsic Avenue at 7:00 P.M. The topic will be a discussion on "View Corridor Requirements by the City. of Bremerton Today, and the Thoughts for the Future". The first half-hour will be devoted to the usual exchange of questions and concerns, followed by the main topic of the evening. Attendance is not limited to residents of District 3. PUBLIC RECOGNITION John Becker discussed his. thoughts on the decisions to be made regarding the City budget and the proposed purchase of the KPS building for a new City Hall. Susan Brown asked if the Council Retreat was still taking place, and was the "Council Rules & Procedures" item still on the schedule? President Shepherd announced the Retreat would be held this Saturday, at Oyster Bay Inn on Kitsap Way, from 10:00 A.M. to 1:30 P.M. Elizabeth Buell asked the Council not to increase any taxes. Gordy Byrd concurred. Gary_ L. Augustyn voiced his concerns over the barricades in place of traffic lights at various intersections downtown; and also the lack of a shelter for homeless people in Bremerton. Larry_ Dickerson felt that Kitsap Transit should go back to concentrating on transportation service. Phil Broms encouraged the City to reduce expenses, rather than laying off Police officers. 9A - CONTRACT WITH KPS FOR HEALTH BENEFITS, #AB99-23~ Peggy Lesser, Risk Manager, stated that the current contract for medical benefits provided by KPS Health Plans will end December 31, 1999. The City wishes to continue to provide its employees and retirees with these benefits, and has negotiated premium rates for 2000 that are 1.7% above 1999 rates. The proposed contract can be extended through 2002, with no more than a 9% increase in premium rates. There were no questions or comments from the public. Mr. Reed asked why competitive bids were not provided. Ms. Lesser explained that a formal bid process did not take place, however in light of recent events, the market was tested, which showed the rates of the other two active carriers to be significantly higher. #1060 M/S/C/U (Montgomery/Overson) Motion to approve the Agreement between KPS Health Plans and the City of Bremerton. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 3 of 10 9B - ACCEPTANCE OF IAC-YAF PROJECT AGREEMENT FOR THE WARREN AVENUE PLAYFIELD RENOVATION GRANT. #AB99-236 Jodi Wroblewski, Assistant Director of Parks & Recreation, mentioned that the City has been awarded a $61,031 grant from the Interagency Committee for Outdoor Recreation (Youth Athletic Facilities). In order to receive the funding the Mayor must enter into a standard Project Agreement with the lAC. This funding is being matched by City funds of $74,188 for a total project expenditure of $135,219 to renovate Warren Avenue Play Field. The renovation includes grading, installing a drainage system and an irrigation system, and installing turf. This is a project that has been long awaited by area residents, the PeeWee sports organization, and many soccer players. This is one of the City's few lighted fields and is used heavily, in spite of its poor condition. There were no comments from the public. Mr. Montgomery stated these field improvements were long overdue. Mr. McConnell stated that the passage of 1-695 was the "voice of the people" asking for more cut backs, therefore he could not support this item. He asked that the City stop accepting grants, which ask for "matching funds". Mr. Reed clarified that the "matching funds" do not come out of the General Fund, but rather the Roosevelt Capital Trust Fund, which can only be used for Capital Improvements of parks. Mr. Fart established there were sufficient funds in the Roosevelt Capital Trust Fund to cover this expense. #1200 M/SIC (Montgomery/Overson) Motion to authorize the Mayor to sign the lAC Project Agreement for the Warren Avenue. Vote on Motion: Motion carried. In Favor: Opposed: Arends, Montgomery, Reed, Overson, Farr, Shepherd McConnell 9C - PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES FOP, GOP,ST CREEK RESTORATION, #AB99-237 Gene Sam.oley, Director of Public Works & Utilities, reported that the requested agreement with the Watershed Company is to provide site survey, stream flow analysis, biological assessment, design and construction documents (to include plans, specifications, and estimates) for restoration of approximately 750 feet of Gorst Creek. The Watershed Company has previously provided a conceptual plan of the project site. A completed design package is necessary to position the proposed restoration project to compete for State Salmon Recovery grants to implement construction, and to apply for the necessary hydraulics permits. Gorst Creek is one of the largest streams within the Sinclair Inlet watershed and supports several native salmon species including chum and coho salmon. For over fifteen years, Gorst Creek has been the site of a cooperative chinook rearing facility that releases over 2 million fish annually. A stream segment adjacent to Jarstad Park, currently in a channeled condition, has been identified as a candidate for restoration to a natural streambed with associated riparian vegetation and wetlands. The proposed project will restore migration, spawning, and rearing habitat to a natural condition. Kitsap County PUD has approved a grant for $50,000, which will fully fund the requested design services. It is recommended that the City Council approve this proposal and authorize the Mayor to execute the attached Professional Services Agreement with the Watershed Company of Kirkland, WA, in accordance with the established administrative policies and procedures. A conceptual plan was provided. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 4 of 10 There were no comments from the public. Mr. Farr stated this was an offer to provide a study at no cost to the City, and when executed, would enhance the watershed area. Mr. McConnell asked if $50,000 would cover the full costs. Mr. SamDley stated yes, for the design portion. The City will then compete for State funds. #1350 M/S/C/U (FarflMontgomery) Motion to approve and authorize the Mayor to execute the attached Professional Services Agreement with the Watershed Company of Kirkland, WA in. accordance with established administrative policies and procedures. 9D - BID AWARD FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) UPGRADES AT THE WASTEWATER TREATMENT PLANT. #AB99-238 Pat Coxon, Wastewater Treatment Plant Manager, stated that the Department of Public Works and Utilities seeks approval for the award of the contract bid for the upgrade of the SCADA electrical wiring and controls for buildings 500 and 700 at the Wastewater Treatment Plant. This contract consists of the furnishing of all labor, materials, tools, equipment, and services required to complete the installation, wiring, connection, calibration, adjustment, testing and operation of ail electrical equipment, devices, and components, within the primary and disinfecting portions of the Wastewater Treatment Plant. Bids were called and opened for the SCADA electrical wiring and controls upgrade on November 2, 1999, per City policies and procedures. The Engineering estimate for this project was $50,000. A total of 3 bids were received and staff recommends award to Custom Controls, the Iow responsive bidder, in the amount of $23,647.11. There were no questions or comments from the pubfic. Mr. Montgomery clarified this project was not affected by the passage of 1-695, but was a necessary expense to upgrade the Wastewater Treatment Plant, with funds provided from the Utility's budget. President Shepherd added this step was also necessary for Y2K compatibility. Mr. Farr asked if the contractor has an established history with the City, and was the City happy with the performance? Mr. Coxon responded that Custom Controls assisted the City with a catastrophic failure of a pump station earlier this year, and verified the City was happy with the results. #1425 M/S/C/U (Montgomery/Arends) Motion to approve the contract bid for the upgrade of the SCADA electrical wiring and controls to the lowest responsive bidder, Custom Controls, in the amount of $23,647.11 and authorize the Mayor to sign the contract, subject to City Administrative Policies and Procedures. Prior to the presentation of the following Ordinances (which were heard in an amended order), Rich Hanna, City Treasurer, along with Mayor Horton presented a brief update of information previously provided to the Council on the "2000 General Fund Budget", along with handouts. Mayor Horton emphasized that the City of Bremerton was already a "pretty lean organization", and has had no "fat" in the budget for a number of years. She further added that cuts already done in the past few years have hurt, and the City is now at the point that if further cuts were to take place to certain Departments, it would mean those departments might as well close their doors. She pointed out the City's largest budgets were in the Parks, Fire, and Police Departments, and acknowledged proposed cuts to those departments would be very severe, including the elimination of all fire prevention in the City of Bremerton; closing Fire Station No. 1; elimination of Crime Prevention & DARE programs; the possibility of contracting or eliminating Animal Control, and limited City Hall hours. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 5 of 10 10C - ORDINANCE (FIRST READING), ESTABLISHING REGULATORY AND REVENUF LICENSING OF RESIDENTIAL RENTAL BUSINESSES; AND CREATING A NEW CHAPTER IN TITLE 5 OF THE BREMERTON MUNICIPAL CODE. #AB99-241 Mayor Horton proposed that the City establish revenue/regulatory licensing of businesses or individuals that rent and/or lease residential dwelling units. The large number of rental units in the City places a high demand on services such as police and fire. This licensing program will help defray those costs. Police Chief Robert Forbes provided a brief report, including statistics, on service calls made to rental property locations, which he stated were 70% of the total calls. Fire Chief Al Duke then provided statistics on calls-for-service for the same properties. Matt Puffer stated it was the job of the Police and Fire Departments to provide service to citizens. He pointed out that any added fees would just be passed on to renters, who are already Iow-income. Wayne Evans stated the provided statistics were indicative of Iow-income areas of most other cities. Alan Fricke suggested Iow-interest loans for property owners; bonds for citizens to invest in their City; and reopening City jails. Mr. Hanna stated the City has an on-going Rental Rehab Program through the Department of Community Development, funded by CDBG grants. However, it would be considered "Public Gifting", and against State Statures, for the City to issue debt in its own name to develop private properties. Chief Forbes explained the City jails were closed many years ago due to antiquated conditions, which would cost 1 O's of thousands of dollars to bring up to code. TAPE #1660 Jon Borcherding, representing the Libertarian Party of Washington State, supported 1-695 because he believed government is "too big". He stated the passage of this initiative was a message from the voters to limit taxes, and anything else circumvents the will of the people. David Wingo did not think the number of service calls from police should be taken into consideration, because landlords do not have control over this. He also pointed out that many of the renters are Iow-income, and could not afford the increase. Jim Collins stated he takes great effort in screening, but still has a problem getting "good tenants". He felt a larger problem was the cost for water, sewer, and garbage. In response to the statistic of 70% of service calls to renters, he pointed out 70% of the houses in Bremerton are rentals. Gary_ L. Auo_ustyn asked if the City of Bremerton had a reserve fund, and if not, stated the City should have created one at lease five years ago. Mayor Horton addressed the issue of the City's Reserve Fund, which she stated if depleted, would cause the City's "bond rating" to drop. She indicated that the amount would not even cover the shortfall for the year 2000. Bert Richardson stated most landlords would take this increase, and pass it on to their renters. He also pointed out that many residents would then probably leave. He felt there were other areas the Mayor could "trim" the budget. Barbara Strassburg read a letter into the record stating her opposition to this increase. Freda French took exception with the Council's public speaking policies, which she felt were "un- democratic" and did not show an open-minded process. She felt service-calls took too long. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 6 of 10 Lois Hansen stated she saw a lot of crime during her years living in Westpark, which added to her concern about proposed cuts to police and fire service. Tamm_v Waldbilli_a stated she lives in Seabeck, so does not get to vote for Bremerton officials and levies, however she pays for them because she owns property in the City. Michelle Grisby pointed out that 70% of calls to rental units is reflective of 70% of City residents who are renters. She urged the Council to hold further Study Sessions on this issue. Candace Desalbo stated that she lives on a disability income, and if this increase were imposed, the landlords would only pass it on to the renters, which she could not afford. Gerald VanFossen, of Puget Rental Owners Association, read a letter into the record stating his opposition to this increase. Jim Adrian presented a report detailing Bremerton & Kitsap County Navy/Regional Housing Economic Issues. He asked the City to provide an Ordinance with inflationary indexes to all user fees; and not raise any taxes until the Legislatures have had an opportunity to closely study this issue. The City could then call a Community Economic Summit with all interested parties putting something on the ballot within 30-60 days if the Legislature does not come up with a "fix". Doug Knighhart, representing the Washington Apartment Association, felt this was a "slap in the face" to tenants and landlords. He also pointed out this ordinance may be illegal, and should be looked out more closely by the City Attorney. Robert Corley added that taxing a portion of the people for the benefit of the whole was a form of discrimination. Janice Gill, Manager of View Crest Village Apartments, stated they could not afford this tax, which would be passed on to renters, who could also not afford it. Larry_ Dickerson reminded Council of a "residence fee" he previously suggested, which would be a straight-across-the-board tax for everyone, not singling out any particular group. Ron Hoffieson has already dropped the rent in his units, and finds his tenants are still struggling to pay. He commented there were so many renters in this City because no one wants to stay, and questioned how this fee would be applied if units were "vacant". He felt it was important for the City to talk with the State Legislature. Lou Weir stated that all citizens should be allowed to speak, even if it is repetitive. Also, some of his renters are not paying their rent, therefore, any fees would be a burden to the landlord. Rex Gray failed to see the correlation between the drop in license fees and the City budget. If there is such an impact, he felt the City should go to the State for assistance. Mr. Hanna reiterated that due to the passage of 1-695, the revenue loss to the City will be approximately $500,000 in 2000; and $700,00 in the year 2001, and every year thereafter. In addition, the City was already in a $400,000 deficit before the passage of 1-695. Margie Singleton asked why the City is considering the purchase of the KPS building if the City is already in debt. TAPES #1659, #1660 & #1~1 City Council Reg. Mtg. Minutes November 9, 1999 Page 7 of 10 Walter Bail stated when Bremerton was a thriving City about 50 years ago, there were less people running City Hall then, than there is now. Bert Ganger recently annexed into the City, and did not feel the City has done a good job in keeping track of its budget. He questioned the equity of the $50 per year increase for a landlord, and therefore a tenant, while only charging a business license fee $30.00. Mr. Hanna clarified that in addition to the business license, a business owner is also paying B&O taxes, property taxes, in addition to a 1% tax on all gross receipts of retail sales. Cliff Maynard asked what was the City's budget, why was this situation not seen five years ago, and what will be done to prevent this problem in the future. Mr. Hanna stated that he could not have anticipated this event [I-695] five years ago. Carol Atkin$on pointed out the ideal location of the City's waterfront property should be of focus. Paul Gordon asked who would be spending money at the retail shops. Daniel Richabaugh used the analogy of "pouring gasoline on a fire". Pat Wright felt a lesson could be learned from his experience of 23 years in the Navy, where massive cuts were imposed, but still government and bureaucracy grew. Elizabeth Buell asked Council to reconsider this idea, to spread the responsibility to everyone. John Becker commented on the Mayor's briefing, and stated that instead of the City cutting back people in the Police and Fire Departments, they look in other departments, such as the Engineering Department. He felt this deficit was an oversight by the City Council and the Mayor, not citizens. Closed to the public, and open to the City Council... Mr. Farr stated that to address the budget deficit, there needs to be a combination of both logical cuts in service, and some fee increases. He pointed out this item currently being discussed, was actually two issues. He therefore proposed that Council take "the numbers" to the Council Retreat on Saturday, allowing for further study of several different options. President Shepherd assumed the vote of 1-695 meant to cut costs by "reducing government", and would like to consider that at length. Mr. McConnell did not feel he had enough information, with enough time, to make a decision tonight. Mr. Montgomery stated he would only attend the Retreat if the topic were to deal strictly with the Budget and related issues. Mrs. Arends pointed out that any decision would affect a portion of the population. She stated the Council is in the position to not only "reduce government", but to also impose State mandates. She again encouraged citizens to attend the Town Meeting sponsored by the State Legislatures tomorrow night. She also suggested citizens write to Governor Locke and their local Legislature on this, as well as other related issues. Mr. Farr stated additional information was also needed on the inclusion of large developments such as those Westpark, nursing homes, boarding houses, and units operated under the control of a licensed property management firm. Ms, Malanca stated that because nursing homes are commercial establishments, they would not be included; however the homes in Westpark, any boarding houses, and also properties owned by professional management firms would be included. She further clarified that vacant units would not be subject to the full license fee. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 8 of 10 Mr. Reed stated he viewed this issue separate from the passage of 1-695. He looked at the ownership of rental units as a "business", and property owners should pay their equitable share. He pointed out the number of fees a "real" business in the City would have to pay. He also felt that a fair amount of rental units placed a burden on City services. Mr. Overson agreed. Mr. McConnell asked that Council not vote on this issue tonight, until further information is received. He also pointed out for the benefit of the public, that this is the "normal" time of year that fee and tax increases are imposed. Mr. Hanna announced that a number of letters, phone calls, and e-mail messages were received by the Council, which are contained in a folder that has been routed to all Council members. #3330 M/S/C/U (FardOverson) Motion to approve the ordinance on first reading, to establish a license, but without the fee schedule included (to be addressed at a later date). It was also requested that prior to the second reading of this ordinance, the following issues be addressed: l) questions regarding vacancies; 2) definition of included properties (properly define which varieties are not included); 3) addressing the issue of phasing-in this issue over time; and 4) defining whether this fee will be computed at the beginning, or the end of the year. TAPE #1661 10D - ORDINANCE (FIRST READING) IMPOSING A COMMERCIAL PARKING TAX; AND ADDING A NEW CHAPTER TO TITLE 3 OF THE BREMERTON MUNICIPAL CODE, #AB99-242 Kathleen McCluskey, Administrative Services Director, proposed that the City levy a commercial parking tax of ten percent (10%) on parking revenues generated by commercial parking businesses to defray the costs of street repairs. This tax revenue must be dedicated to transportation purposes in accordance with RCW 82.80.070. She pointed out the allowed use of any proceeds ($200,000) was very broad; and the City's parking fees are one of the lowest in the State. Due to time constraints, it will be difficult to impose these fees prior to December 1. She stated that concerns have been raised by local parking businesses over the City's prices being lower than their prices, therefore the City has been "undercutting" them. Adding this tax to their gross revenues only adds to their problems. She agreed the City's fees for parking have been Iow, and therefore, pointed out that in a later ordinance this evening, the City has included a proposed increase to City parking fees. John Becker asked how many parking spaces are in the City of Bremerton; and pointed out the possible costs of administrating it. Ms. McCluskey stated the collection of just about any tax is the "honor system", and audits are not done unless something looks out of the ordinary. She stated this particular tax would be put on the City's existing B&O tax system, therefore, after the initial start-up, no additional staffing or even forms will be required. Bob Dupree, Manager of Diamond Parking, stated that Bremerton is unique, and his personal goal has always been to not bring "Seattle" [parking problems] to Bremerton. Rich McDonald, General Manager of Bremer Trust, felt this tax was targeting a specific business sector, which is already paying its share of taxes. He felt this tax would inhibit the leasing of buildings and property, which would add a negative image on downtown. Lou Weir was opposed to this tax, especially in light of the current problems getting business downtown. He felt there were other, more effective ways to generate additional income for the City budget, without damaging the image of downtown. TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 9 of 10 Jerry_ Soriano was also opposed to this tax. He pointed out that each year the City seems to need money, but should not target small businesses, who are trying to bring people into the City. At 9:10 P.M., Mr. Farr stepped down from voting on this issue, because his wife owns a parking lot downtown. Mr. Reed stated he had a problem with the "gross" amount being taxed, and suggested the item be tabled until after the Retreat. Mr. McConnell agreed, but also wanted to know if the City had the same authority as the County to impose a $15 fee every year to vehicles. Ms. Malanca stated she would look into the issue, and provide an answer at the Retreat on Saturday. Mr. Over$on indicated the City has already significantly taxed this particular group, and agreed that Council needed more time to look further into this issue. President Shepherd asked when the revenue numbers from this proposed increase were studied, was the expected loss of commuters due to the loss of several ferries considered. Mr. Hanna stated no, that rough estimates of the current market of gross receipts from commercial parking lots were used. Mr. Montgomery_ stated that even with the loss of ferries, he did not believe commuters were now driving around, and paying the high parking prices in Seattle. #1060 M/S/C/U (Reed/Overson) Motion to table this item for one week for further consideration. Mr. Farr returned to the meeting immediately following the vote on the previous item. 10E - ORDINANCE (FIRST READING) AMENDING PENALTY AMOUNTS FOR CIVIl INFRACTIONS AND MISDEMEANORS; AND AMENDING SEVERAL CHAPTERS OF THF BREMERTON MUNICIPAL CODE. #AB99-243 Mayor Horton proposed that the City establish a higher ceiling for civil infraction penalties to $1,000 in order to give the Municipal Court Judge greater ability to assess more appropriate fines. There were no questions or comments from the public. #1130 M/S/C (McConnell/Arends) Motion to table this item for one week. Vote on Motion: Motion carried. In Favor: Opposed: Farr, Arends, Montgomery, Reed, McConnell, Overson, Shepherd 10A - ORDINANCE {FIRST READING) ESTABLISHING RATES AND FEES FOR ALL MUNICIPAl LICENSES, PERMITS. ASSESSMENTS, USER FEES, AND PARKING FINES; AND CREATING A NEW CHAPTER IN TITLE 3 OF THE BREMERTON MUNICIPAL CODE, #AB99-239 Mayor Horton stated that in order to avoid the costly process of holding an election for City rates and fees increases within the next year, a "not to exceed" rate schedule for years 2000 through 2002 and uniformly adopting annual CPI adjustments thereafter is being proposed. John Becker asked why the aquatic center was not included on the list of 3% escalation increases. Mr. Farr asked if the rate indicated for 1999 is the "present rate", or the "new rate" to be adopted December 1, 19997 Mr. Hanna stated the rates and fees described on each of the attached Schedules, were intended to include an adjustment for inflation from the present rate. Ms. McCluskey stated that they would need to go over each of the Schedules, but in many cases there is TAPES #1659, #1660 & #1661 City Council Reg. Mtg. Minutes November 9, 1999 Page 10 of 10 just a cost-of-living added. It was pointed out, however that some fees had not been amended for several years, so more than a cost-of-living was added in those cases, and went through several Schedules pointing out specific examples. In response an earlier comment regarding what amount of money would be generated from these fees, and how much of an offset would be created, it was explained that an exact figure was not available, but that it would not be very much. It was emphasized that the intent of this ordinance was to keep pace with inflation. Mr. McConnell referred to the Community_ Development - Rate Table C, and asked for further explanation of the $600 fee listed for "Planning Commission Heatings". Jon Holan, Planning Manager, stated there were costs involved for Public Hearings such as notices, legal notices for appeals, and additional staff time for staff reports. The purpose is to recoup costs. The reason and purpose for the passage of 1-695 was discussed, and its relevancy to this issue. Mr, Farr asked that information on the present rate, along with the proposed rate be included. #1890 M/S/C (Overson/Montgomery) Motion to approve ordinance on first reading, with the exclusion of Residential Rental Fees. Vote on Motion: Motion carried. In Favor: Opposed: Arends, Montgomery, Reed, Overson, Shepherd McConnell, Farr 10B - ORDINANCE (FIRST READING) ESTABLISHING FULL COST RECOVERY FROM NON- CITY RESIDENTS, #AB99-240 Mayor Horton stated that a large number of non-city residents utilize City services, many of which are subsidized by city taxpayers. This ordinance requires recovery of costs for those services. There were no comments from the pubfic. Mr. McConnell asked for further elaboration on what services would be affected. Mayor Horton stated fees such as for the swimming pool, and ALS (Advanced Life Support) Transport fees. #2090 M/S/C/(Arends/Farr) Motion to approve Ordinance establishing full recovery on first reading. Vote on Motion: In Favor: Montgomery, McConnell, Overson, Farr, Arends, Shepherd Abstained: Reed Motion carried. With no further business meeting adjourned at 9:45 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR 304Transportation Improvement Project: Bonneville Power Administration Agreement FOR AGENDA OF: November 23, 1999 ORIGINATING DEPT: Public Wor~ &xUtils ORIGINATOR: R. Witt, City Eng[{41/~ok DATE SUBMITTED: November 15, 1999 ' 2. CL~R~,~~Co. mmentonbackifnecess (Di~e~,o'r~of Public W~ Utilities Ci~ Treas~er P~)asin~u~iso[~ %~il F~I ~ Bud~Commia~¢' Co c l Commie ENDORSEMENT ~ INFORMATION 3. EXHIBITS: 1. Bonneville Power Administration Agreement [] APPROVED BY COUN~IL,p~ID~R SUBMITTAL: COUNCIL PRESIDENT ,/~z~-~-'T-'/' ~,~~'/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The SR 304 Transportation Improvement Project envolves the realignment of SR 304 in the vicinity of Cambrian Avenue and Farragut Street. The roadway realignment requires the relocation of two Bonneville Power Administration (BPA) poles. The City of Bremerton does not have a franchise agreement with BPA and is therefore responsible for the cost of relocation. The agreement with BPA authorizes them to design, provide materials and construction necessary to remove the poles and replace them with new structures. The estimated cost for this work is $81,500. The action before the Council would authorized the Mayor to execute the agreement with Bonneville Power Administration. 8. RECOMMENDATION: The City Council authorize the Mayor to execute the agreement with Bonneville Power relocation of their poles required by the SR 304 Transportation Improvement Project. Administration for the PULLED [] TABLED [] COUNCIL DIRECTIVE: 10. APPROVED [] 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: NOTICE OF ACTION DISAPPROVED [] AMENDED [] 3[3 (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Funding by the State and Federal agencies used for the design of this project will have to be returned. The project will not be built and existing traffic capacity safety issues will remain. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 8 staff hours for administration and inspection. Budget: This project is included in the 1999 budget as part of the 1999 Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving funding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: SPA F ,1220.31e (o5-97) (P/for editions are unusable) U.S. DEPARTMENT OF ENERGY '- BONNEVILLE POWER ADMINISTRATION AGREEMENT Electronic Version Approved by CGIR - 05/28/97 1. AGREEMENT NUMBER 2. AGREEMENT EFFECTIVE 3. MODIFICATION NO. 4. EFFECTIVE DATE I 5. PROCUREMENT FROM DATE IN BLOCK 4 UNTIL (MM/DD/YY) I REQUEST NUMBER 99TX30333 Completion of Work -0- Same as Block 20 6. ORGANIZATION AND ADDRESS (Include 9-DigitZIP Code) 9. ORGANIZATION AND ADDRESS City of Bremerton Department of Public Works & Utilities Engineering Division 3027 Olympus Drive Bremerton, WA. 98310 7. TECHNICAL CONTACT Lynn R. Price PHONE NUMBER U.S. Department of Energy Bonneville Power Administration ATTN: Edward A. Peterson - TOC/DITT2 P.O. Box 491 Vancouver, WA 98666-0491 10. SPA TECHNICAL CONTACT Brian Markham/TOC-Olympia I PHONENUMBER 360-704-1611 360-478-5272 8. ADMINISTRATIVE CONTACT J PHONE NUMBER 11. BPA ADMINISTRATIVE CONTACT I PHONE NUMBER Randy Witt, City Engineer 360-478-5270 Edward A. Peterson 360-418-8698 12. TITLE/BRIEF DESCRIPTION OF WORK TO BE PERFORMED UNDER THIS AGREEMENT The City of Bremerton, Department of Public Works & Utilities, Engineering Division (City of Bremerton) has developed a plan to modify the intersection of Farragut Street and Cambrian Avenue in Bremerton, WA. The Kitsap-Bremerton 115 kV No. I line (to Substation H) crosses over this intersection. City of Bremerton has asked Bonneville Power Administration (SPA) to relocate the existing wood pole structures 4/17 and 4/18 on the Kitsap-Bremerton line. The new, relocated structures will be one 90-foot wood pole and one new "mono-pole" tubular steel structure located approximately 15 feet north of the existing structures. City of Bremerton would like to have the structure relocations completed as soon as possible (in the fall or winter of 1999); however, the exact schedule will be determined by when BPA can get an outage of the line, in coordination with both the Navy and Puget Sound Energy, and on the final schedule for the City of Bremerton road work. Therefore, to complete this project, BPA proposes the following: · SPA will design, provide materials and construction necessary to remove the existing structures 4/17 and 4/18 and replace them with new structdres in a location to be determined by City ofBremerton. BPA's cost estimate for this structure relocation project is $81,500. · City of Bremerton will provide BPA with a "final" design drawing of the road project showing the exact location for the new BPA structure, and will mark the location on the construction site. · City of Bremerton agrees to provide their road project design drawings to BPA before BPA proceeds with the design (as well as materials and construction) of the structure relocations. The following documents are attached to and become a part of this Agreement: · Financial Terms and Conditions Statement dated November 8, 1999 The following document is attached for reference: · City of Brcmerton "draft" drawing - "SR-304 Gateway SPA Transmission Pole Relocation" Drawing 15. AMOUNT TO SE PAID BY SPA 16. AMOUNT TO BE PAID TO SPA $ $81,500 (estimated) 17. SUBMIT INVOICE TO 18. ACCOUNTING INFORMATION (ForBPA Use Only) U.S. Department of Energy Bonneville Power Administration ATTN: Edward A. Peterson - TOC/DITT2 P.O. Box 491 Vancouver, WA 98666-0491 20. APPROVED BY (Signature) IDATE (MM/DD/YY) NAME AND TITLE Lynn Horton, Mayor 19. SUBMIT INVOICE TO (Name andAddres~) City. of Bremerton, Dept. of Public Works & Util., Engineering Division 3027 Olympus Drive Bremerton, WA 98310 (At'tn: Lynn Price) 21. APPROVED BY (Signature) I DATE (MM/DD/YY) NAME AND TITLE Thomas M. Noguchi Transmission Account Executive Agreement No. 99TX30333 FINANCIAL TERMS AND CONDITIONS STATEMENT Within a reasonable time after completion of the Project Bonneville Power Administration (BPA) will bill the City. of Bremerton, Department of Public Works & Utilities (City of Bremerton) for actual costs plus an overhead rate (45% for labor, 6% for materials), representing the indirect costs of the Project x)ffice plus an increment to cover the contractual support costs of the contract negotiation, billing and accounting functions, and contract management. Payments not received within 30 days of the invoice date will accrue interest on the amount due from the invoice date to the date paid, at the higher of the Department of Treasury's Current Value of Funds Rate or the BPA Cost of Borrowing Rate. At any time before completion of the Project City of Bremerton may elect'to stop work. In such an event BPA will cease all work and restore, as a cost to the Project, Government facilities and/or records (1) to their condition prior to work under the Agreement or (2) to some other mutually agreeable condition. November 8, 1999 0 /I It ,,,. iiiii/ °// ~// AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Purchase of a John FOR THE AGENDA OF November 1999 De,re Tractor for Gold Mountain Golf Complex. ORIGINATING DEPT: Parks and Recreation ORIGINATOR: Pat Westhoff DATE SUBMrlWED: 12 November 1999 CLEARANCES: (comment on back if necessary) Purchasing City Treasurer Parks & Rec. Fiscal and Budget Council Operations 3. EXH~ITS: Gold Mountain Golf Complex Capital Budget (4) four bid quotes S~Y STATEMENT AND REQUIREMENTS FOR COUNCIL ACTION: In accordance with accepted City Procurement Policies and Procedures, City Council can waive call for Bid requirements when the purchase of equipment is sought that: will maintain standardization and compatibility. The Golf Complex began to standardarize their tractors in 1994 and will continue to purchase the John Deere tractor due to th reliability, performance, and the compatibility ofattachements that we currently own. We are requesting the following piece of equipment. JOHN DEERE 4600-4WD TURF TRACTOR - 43 kip DIESEL ENGINE, 36 liP PTO W/GALAXY TURY TIRES. 2 YEAR JOHN DEERE GOLF & TURF WARRANTY. 1999 BUDGET PURCHASE PRICE $18,529.00 including tax $22,000.00 8. ]IECOMMENDATION: City Council accept the bids and approve the purchase of a John Deere Tractor fromm: Kitsap Farm Garden A Tractor in the amount of $18,529.25 including tax and tire trade 9. RESPONSIBLE OFFICIAL: Pat Westhoff ENFORCEMENT OFFICIAL: Pat Westhoff EXPIRATION DATE: 31 December 1999 REVIEW DATE: PULLED TABLED (~OUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: CLEARANCE COM3/IENTS: 5. Ib'IPACT ON NON-PASSAGE The Golf Complex cannot be maintained to the standards that have been established. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: The purchase of the Tractor was anticipated in the 1999 Capital Budget for fund 407, project number 99205. $22,000 was budgeted. THIS IS A REPLACEMENT FOR A 1981 MASSEY FERGUSON 2WHEEL DRIVE TRACTOR. 7. RESEARCI~I RESOURCES: Ed Faulk, Gold Mountain Greens Superintendent, has tested the tractor and feels The requested machine is a top performer, and will best serve our needs. 1999 CAPITAL EQUIPMENT EQUIPMENT TYPE REPLACEMENT ADDITIONAL TOTAL COST DUMP TRUCK 3 YARD SHORT W/B lYES ~10 $8,000.00 GREENS MOWER TORO-3100 1979 GREENS MOWER ~10 $20,000.00 CUSHMAN TRUCKSTER 4~WHEEL DUMP 1979 CUSHMAN ~lO $17,500.00 TRACTOR 35/40 PTO HP 1981Massey Ferguson qO $22,000.00 POND AERIATOR YES qO $4,000.00 UTILITY VEHICLE CLUB CAR II YES NO $7 000.00 EQUIPMENT STORAGE NO ~10 $10,000~00 I~INIDENTIFIED CAPITAL _. $36,500.00 ....... $125~000.00 KITSAP FA] GARDEN & TRACTOR 3388 BYRON ST SILVERDALE, WA 98383 PHONE 360-692-9312 ---Quote TO:City of Bremerton (Gold Mountain) At'tn: Ed Faulk 360-415-5435 Fax 360-415-5437 SHIP TO: c~y of Bremerton (Gold Mountain) Attn: Ed Faulk 360-415-5435 Fax 360-415-5437 INVOICE NO. INVOICE DATEDATE SHIPPED SHIPPED VIA FOIl I I Pete P.O. NUMBER PREPAIDI~LL SALESPERSON TAXEXF. M~ EGMP116N NO. TERMS:PAYMENT DUE AT '~IME Of DELIVERY QTY ITEM NO. DESCRIPTION I PRICE TOTAL 1 1061LV ID 4600 4WD with 12/12 Power Reverser $17,875.00 1 2000 ROPS 1 4565 ]'ires 27x12LL-15 22.5LL-16.1 1 5000 Less Loader Control 1 LVBM19588 Rear Implement Controls LVBM19587 1 LV910502 Rear Work Light 6 R6699 Front Weights & kit 1 Less Trade For Tires ($750.00) SUBTOTAL $17,125.00 Farm Garden & Tractor TAXPATEI 8.20% 1404.25 Kitsap 3388 Byron ST SHIPPING AHD HMHLIHG Silverdale, WA 98383 RIISh order or oUter expense TOTAL 18529.25 901 Bay St. Port Orchard WA, 98366 (360)876-8711 POWER EQUIlIPMENIT BIID SHIEEI Product line John Deere Date 11-3-99 Model 4600 4 WD Galaxy Turf Tires Attachments / ihn plements Rear Work Lights Front Quick Tatch 6 42# Weights Power Beyond Kit $ Subtotal $ 21,310.19 Kit $ Freight $ 'Deliver~: $ Subtotal $ Sales Tax 1,747.44 Total $23,057.63 ** 2 Year Warranty ** Trade in Brand / Model Impl. ,"' Att. New sub total Sales tax New total Set of turf tires Trade in $ 250.00 21,060.19 1,726.94 $22,787.13 Thank you for requesting a quote for your upcoming purchase. Since 1920 Peninsula Feed and Power Equipment, a family owned business, has offered fair prices and the highest level of service possible. If you have any ftaXher questions do not hesitate to call or stop by. Thanks again. John Endsley, Owner Nallle Gold Mountain Golf Complex Pholle Address P.O. Box 4130 Bremerton, WA 98312 360-415-5435 fax 360-415-5437 Attn: Ed Faulk Exp. date Dec. 28 th _ , . QUOTATION 5211 Bic~o~,~'~e~ N. ll~k~. ~ P,O, Box ~ EO. Box 11902 Sno~ WA 98291 S~ WA 91211 ~ 4~-33~ Phonc 5~893-1196 F~ 4~-33~7671 F=: 5~g93-I056 SNO~OMISH SPO~NE ~ To~ F~c: 1-g~3174 Sdes, Se~iee ~ P~ for Golf& Tu~ ~d Co~~ Eq~m~nt CUSTOMER t DATE GOLD H~AT~ GOLF COt~LEZ - AT33il:P~d~ I~F~OI~/EB F~, ~. ~OV. 9~, L999 ~IMNG ADDRESS ' ~ICES GOOD ~R P.O. ~Z ~.30 30 D~S C1~ ~A~ ~P CUTOVER PHONE BR~TO~ ~. 98312 360~13-3435 F~ NO. TERMS: N~ I0 FOLLOWING DELIVERY [ QUAN. 0ESCRI~ON ~ UN~ PRICE TOTAL LV910502). ~18,765.00 ;~18,765.00 QUAN. ~ ~IPM~NT TO RE ~HD TOTAL ~TAL ~ a18,765.00 TRADE IN TOTAL ~ 770-00 ~ I SUB TOTAL ~ SALES T~ 1,367.62  .... TOT~ DUE Tree Le~ $1.~ Buy O~ Lea~: 24 Mo~ ~ed: 24 ~ Moths ~ Months 48 Monks 48 Mo~ 60 Monks 60 ;~d By Sign~ i882 SUMNER TRACTOR & EQU'DMENT COMPANY 13223 HOUSTON ROAD EAST SUMNER, WASHINGTON 98390 PH: (253) 863-4436 FAX: (253) 863-1523 TOLL FREE 1-800-422-5723 QUOTATION LEADERSHIP YOU C~ COUNTON DATE ADDRESS PRICES GOOD FOR STATE ZIP N/U MAKE 'I~ODEL DESCRIF'~iON PRICE coMMas SUB TOT~ ~ ~DE ~S TOT~ S~ T~ TOT~ WI- ::)MER YELLOW - SALESMAN AGENDA BILL - BREMERTON CITY COUNCIL SUBJECT: Naming Park Property to "Lent Landing" (Currently known as Lent Lane) FOR AGENDA OF: November 23, 199 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Cris Gears, Director DATE SUBMITrED: November 16. 1999 CLEARANCES: 2. (Commentonl~ackifnecessar),)//L~/~/4'//~ 3. E~S: Pm~ & Re~on Dire~or: 3~~ ~.. Pic~e of~e si~ Fis~i & Budget Co~iuee~~~~ O~ons Commmee~,~g~wq~>~Z' ENDORSEMENT X~ INFORM~TIgN APPROVED BY COUNCIL PRESIDENT FOR StJBM1TrA3~. J 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: On the behalf of the East Bremerton Rotary Club, Dr. Gordon Cromwell has been working with the Parks & Recreation Department on the development of the park property commonly known as Lent Lane. This property is located at Reid Street and Lebo Blvd. south east of Lions Park. During his research, Dr. Cormwell discovered that the property was used as a ferry landing site to shuttle Navy personnel between West Bremerton and East Bremerton during World War II. He also discovered that the driveway that leads from Lebo Blvd. to the beach was named Lent Lane to honor the Lent family for their contributions to the community. That driveway has since been abandoned. The East Bremerton Rotary Club is requesting that the park be officially named "Lent Landing" to continue honoring the Lent family while further recognizing the C iW of Bremerton's history. The East Bremerton Rotary Club submitted their request to the Parks & Recreation Commission on Tuesday, October 26, 1999. After due deliberation and in accordance with the City policy for naming parks, the Parks & Recreation Commission voted unanimously to support the request and to submit it to the City Council. 8. RECOMMENDATION: Motion to name the park property located at Lebo Boulevard and Reid Street "Lent Landing". RESPONSIBLE OFFICIAL: Cris Gears ENFORCEMENT OFFICIAL: Cris Gears EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL #: 2. CI,EARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The park will continue to be referred to as "Lent Lane". IMPACT ON STAFFING~ BUDGE~S~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: No impact. The East Bremerton Rotary Club is financing the project, including the cost of the park sign ($2,000) that will be installed. 7. RESEARCH SOURCES: OTHER COMMENTS In addition to the park sign, the development includes the installation of an automatic irrigation system, trees and lawn, access to the beach, picnic tables and park benches. Future development includes a walking path. This ~t0j~t is being financed by the East Bremerton Rotary Club. The East Bremerton Rotary Club financed the renovation of Bachmann Park in 1997-1998. :10 31dO3d 3H1 O1 XllVd SlHI m~.~laaa NOlI13W~III8 lSV3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR 304 TIP - UNDERGROUND STORAGE TANK DECOMMISSIONING/ CONTAMINATED SOIL REMOVAL BID AWARD 2. C,~L~omment on back if necessary) C it!! Tr e a~D~~uref"~rb-l!c Cour3cil Fiscal &-Budg/e~Comm"~tt~ PO,/ Council Operations Committee FOR AGENDA OF: November 23, 1999 ORIGINATING DEPT: Public Work~.~ {Stils ORIGINATOR: R. Witi, City Eng'7. ~'N~ DATE SUBMITTED: November 15, 1999 \ 3. EXHIBITS: 1. BID TABULATION 2. SITE MAP ENDORSEMEN~ INFORMATION MAYOR~-,~ ;. ~/~ / [] APPROVED BY COUNCIL COUNCIL PRESIDENT SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened for the SR 304 Transportation Improvement Project, Underground Storage Tank Decommissioning/Petroleum-Contaminated Soil Removal contract on November 15, 1999. This contract provides for the decommissioning of 4 underground storage tanks, 2 hydraulic hoists and the removal of up to approximately 1.000 cy of petroleum-contaminated soil from 4 parcels of public right-of-way. Eleven bids for this project were received. Stemen Environmental Inc. was the lowest responsive bidder with a bid of $68,277.98. Continued 8. RECOMMENDATION: The City Council approve award of the bid of $68,277.98 with Stemen Environmental Inc. for the SR 304 Transportation Improvement Project - Underground Storage Tank Decommissioning/Petroleum-Contaminated Soil Removal contract and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: PULLED 1] TABLED [] COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED [] DISAPPROVED [] AMENDED [1 (OVER) 11. AGENDA BILL NO.: 9B 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation The engineer's estimate for this project was $107,711. The action before the City Council is approval of a contract with Stemen Environmental Inc. for the SR304 Transportation Improvement Project - Underground Storage Tank Decommissioning/Petroleum-Contaminated Soil Removal contract. 5. IMPACT ON NON-PASSAGE: Funding by the State and Federal agencies used for the design of this project will have to be returned. The project will not be built and existing traffic capacity safety issues will remain. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 60 staff hours for construction administration, inspection. Budget: This project is included in the 1999 budget as pan of the 1999 Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving funding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: NV'id g/l~ NOI.LI"IoIq::IC~ + DO0 ,dE- / / / SNOISIA3~ 90'18 0 0 0 -- ~; '~ ~--- DATE OPENED: BIDDER SUMMARY REC'D I CITY OF BREMERTON ,..: ~.t~z''' TIME OPENED: ,~; OC) RECORDED BY ~'ll TTJ~ U:~ m ITEM 1 TOTAL BID ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID TAX (.~'o~-. ~o TOTAL ! COMMENTS CITY OF BREMERTON BID TABULATION BID TITLE: ~----~i~..~5o~L DATE OPENED: TIME OPENED: OPENED BY RECORDED BY BIDDER R. EC'D I SUMMARY LO~ BEX~ER ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 TOTAL BID COMMENTS NET BID 1. SUBJECT: Jail Contract AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: November 23, 1999 ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: November 19, 1999 ~CES: /omme~nt on back / T6RNE¥ approved on 11/9/99 Fiscal & Budget Committee approved on 11/10/99 Operations Committee ENDORSEMENT [ ] INFORMATION [ ] if necessary) 3. EXHIBITS: Contract: Kitsap County Jail APPROVED BY COUNCIL PR, ESIpENT /FOR ,SUBMITTAL: COUNCIL PRESIDENT 4. SUMMAR~ STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The County Jail Services contract has been modified and revised to reflect necessary changes to the City's needs. 8. RECOMMENDATION: Motion to approve and authorize the Mayor to sign the jail contract with Kitsap County ending December 31, 2000. Record Motion: Motion to approve one (1) contract for jail services with Kitsap County ending December 31, 2000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 2. C'r.~.~I~.NCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would ultimately have no provision for the incarceration of City prisoners. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KITSAP COUNTY (hereinafter 'COUNTY') owns and operates a correctional facility situated in Port Orchard, Washington, which is suitable for the detention and incarceration of adult persons; and WHEREAS, the CITY of Bremerton (herelnofter 'CITY') requires a s, ituble facility for the detention and Incarceration of adult persons arrested by Its police officers or committed to confinement by its courts; and WHEREAS, in accordance with the Intedocal Cooperation Act (Chapter 39.34 RCW) and the CITY End COUNTY Jails Act (Chapter 17~3 RCW), COUNTY and CITY enter into this Agreement; now~ therefore In consideration of the mutual covenants contained herein it IS hereby agreed as follows Section 1: DETENTION/INCARCERATION COUNTY will provide detention and incarceration pursuant to the terms of this Agreement provided that there is sofflclent space available in the Kitaap COUNTY Corrections and Detention Facility, for the following adult persons: (a) arrested with or witho,t a warrant for a violation of an ordinance of the CITY; or (b) whose detention Is continued solely on the basis of a CITY 'hold'; or (c) subject to terms of Imprisonment by courts of the CITY; or (d) arrested or incarcerated for violation of a State law when: (1) Ststa law violation is charged in lieu of a repealed or amended CITY ordinance where the repeal occurred subsequent to this agreement and where et the time of the repeal there existed a State law simlior in its prohibition and penalty to the repealed ordinance;, or (2) State law violation is charged in lieu of a violation of a CITY ordinance where such ordinance is similar in its prohibition to the State law violation. Section 2: PRESENTATION FOR CONFINEMENT Upon presentation of an individ,II for confinement, or as soon thereafter as is practicable, the CITY shall advise the staff of the Kltsap COUNTY Corrections and Detention Facility of the duration or other terms of confinement of a given Individual. CITY shall provide a copy of any Warrant of Arrest or Order of Commitment. The CITY shall he solely responsible for determining that the Individuals presented for detention are detainabio and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and the COUNTY shall hear no responsibility to Insure that said IndMduels are legally detsineble. The CITY shall hold the COUNTY harmless as set forth in Section 11 for any claim or action resulting from the detention of an indMdual wrongly presented by the CITY for detention. JAIL SERVICES CONTRACT - 1 Section 3: DURATION OF CONFINEMENT The COUNTY ·hell Incarcerate persons received from CITY until the following occur.- (a) expiration of the term of confinement as Indicated in · Warrant or Order of Commitment; or (b) upon posting of bail; or (c) receipt of a directive from a law enforcement officer er prosecuting attorney of the CITY to release such person hold under probable cause without judiciel process; or (d) for those held upon probable cause without judicial process upon the passage of two (2) busht_-~_-e deys; provided, prior to releasing any person pursuant to this subsection tho COUNTY shell ettempt to contact the CITY to ascortsln the CITY'S dnsiro with regard to said person; PROVIDED, FURTHER thet tho CITY ·hall hold tho COUNTY hermless ns set forth in Section 11 for any claim or ection resulting from the dstentlon of an Individual wrongly detained at the direction of the CITY Section 4: OPERATIONS STANDARDS COUNTY shall operate its Correctional and Detention Facility in accordance with the Intake Standards Committe as well as standards enunciated in COUNTY Ordinance No. 119, and in accordance with all applicable laws, rules and regulations. Section 5: REMIWFAL OF BAIL MONIES COUNTY ·hell remit to the CITY on a daily basis the monies received by the COUNTY as bail from the CITY's prisoners. Section ~ MEDICAL AND DENTAL CARE COUNTY shall provide CITY'S prisoners, at no additional charge, those routine medical and mental health services which are provided to other prisoners for which the Health Care Provider does not render a ssparate billing for care provided to a specific individual. CITY shall reimburse COUNTY for necessary dental services, prescription drugs, and medicel care, the need for which erases after confinement of a prisoner presented by detention by tho CITY, and for which a health care provider renders a separate billing. Section 7: TRANSPORTATION CITY will provide or errange for transportation of CITY detainees to and from the Correctional end Detention Facility except when the transportation is determined by COUNTY staff to bo necessary to secure emergency medicel evaluetion or treetment, or when trensportetion is required to support the orderly operation of tho Detention Facility or the Internal needs of tho Deportment of Correction. Section 8: GENERAL PROVISIONS JAIL SERVICES CONTRACT - 2 35' For those persons delivered to COUNTY by CITY pursuant to Section 1~ CITY shmll ply COUNTY Fifty-seven Dollars ($S7.00) per person confined for each twenty-four (24) hour period of confinement or portion thereof. (a) Complete Expre~elon of Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understanding not incorporated herein are excluded. (b) Notices. Any notices or correspondence required by the COUNTY to tho CITY, or by the CITY to the COUNTY shall be in writing and delivered to tho following parties, at the following addresses: KITSAP COUNTY CORRECTIONAL & DETENTION FACILITY Larry Bortholf, Superintendent of Corrections 614 Dlvinion Street~ MS 33 Port Orchard, WA 98366 CITY OF BREMERTON Administrative Services Director end Chief of Police 239 Fourth Street Bremerton, WA 98337 (c) Amendments. The parties further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. (d) Waiver:. Failure to insist upon strict compliance of 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 ;is a waiver of any other breach. (e) Applicable Law. This Agreement shall bo construed and Interpreted in accordance with the laws of the State of Washington and in the event of dispute the venue for any action brought hereunder shall be in Kitsap COUNTY Superior court. (f) Attorneys Fees. The substantially prevailing party in any litigation arising hereunder shall bo entitled to its reasonable attorneys fees and costs, Including appeals, if any. Section 9: MONTHLY BILLINGS AND REPORTS COUNTY shell bill CITY on a monthly basis and CITY shall remit such payment within thirty (30) days of receipt. The parties will cooperate in the exchange of Information requested by the other party. At the parties' earliest conVenience they will meet to negotiate in good filth on the issue of reporting and billing under this Agreement. Tho COUNTY agrees to provide the CITY of Bremerton, including the Bremerton Municipal Court, with all informatinn reasonably accessible to tho COUNTY. Section 10: LIMITATION OF ASSIGNMENT Neither party may assign Its rights or obligations under this Agreement without the written consent of the other party. Section 11: HOLD HARMLESS JAIL SERVICES CONTRACT - 3 The CITY agrees to defend, indemnify and hold hm~nless the COUNTY, its ippointed and elected officials, employees and agents from and against nil liability, loss, coat, damage and expense, Including costs and attorneys fees in defense thereof because of actions, claims ~r lawsuits alleging damages sustained by any person or property Including death at any time resulting therefrom, arising from or alleged to have arisen from: (1) the Cl~ pmfonnance under this Agreement or as a consequence of any wrongful or nqligent acts or mi. ion of the CITY, its appointed and elected officisls, employees and agents; (2) any aGtion~ claims or lawsuits for damagos alloging wrongful dotontJon of CITY'S detainees as a result of the CITY'S actions; (3) any actions, claims or Jawsults for dmuagos alloglng tho CITY'S failuro or refusid fo timely reloaso tho CITY'S detainees. Tho COUNTY agrees to defend, Indemnify and hold harmless the CITY, its appointed and elected officials, mployees and agents from and against all liability, loss, cost, damage and expense Including costs and attorneys fees in defense thereof because of actions, claim, or lawsuits alleging damages sustained by any person or property including death at any time rnsulting, arising from or alleged to have arisen from: (1) (2) (3) COUNT. S performance under this agreement or any wrongf. I or negligent acts or mission of the COUNTY, its appointed and elected officials, employees and agents; Wrongful dete~tlon of CITY'S detainees as a result of tho COUNTY'S actlens; COUNTY'S failure or refusal to timely release tho CITY'S detainees. Section 12: TERM OF CONTRACT Tho term of this Agreement is from the date of execution of this Agreement by both parties and shall remain in effect through December 31, 2000. Section 13: TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice to tho other party. DATED this __ day of ,1999. CITY OF BREMERTON LYNN S. HORTON, Mayor JAIL SERVICES CONTRACT - 4 DEPARTMENTAL APPROVAL: Chief of Police APPROVED AS TO FORM: GLENNA MALANCA, CiTY Attorney DATED this __ day of ,1999. KITSAP COUNTY SHERIFF'S OFFICE DATED this __ clay of LARRY f. BERTHOLF Superintendent ,1999. BOARD OF COUNTY COMMISSIONERS Kitsap COUNTY, Washington CHARLOI'I'E GARRIDO, Chair CHRIS ENDRESEN, Commissioner ATTEST: HOLLY ANDERSON Clerk of the Board TIM BOTKIN, Commissioner JAIL SERVICES CONTRACT - 5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: November 23, 1999 Legal Services Agreement ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanca, City Attorney ~ DATE SUBMITTED: November 19, 1999 2--~x~;R~RANCES:/-~(Comment on back if necessary) 3. EXHIBITS: approved on 11/9/99 Fiscal & Budget Committee approved on 11/10/99 Operations Committee ENDORSEMENT [] INFORMATION [] Legal Services Agmt: Kitsap County Prosecutor's Office APPROVED BY COUNCIL PRESIDENT EOR SUBMITTAL: OUNCiL PR .SI 4. ~uMMAR~ STA'£~/TT AND REQUIREMENT FOR COUNCIL ACTION: The Kitsap County Prosecutor's has provided legal services for misdemeanor prosecution matters since 1995. Their expertise on prosecution and matters pertaining to criminal behavior has made their service to the City a benefit. The City's legal department has been able to focus on civil issues. City and County personnel have prepared an agreement to reflect the scope of work the City would like to County to perform. 8. RECOMMENDATION: Motion to approve and authorize the Mayor to sign the Legal Services Agreement with Kitsap County Prosecutor's ending June 15, 2004. Record Motion: Motion to approve one (1) agreement for legal services with Kitsap County Prosecutor's ending June 15, 2004. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 5. IMPACT OF NON-PASSAGE: The City Attorney's office would have to restructure and add staff to meet the workload. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OT~R RESOURCES: City would be required to hire staff and begin prosecuting immediately. 7. RESEARCH SOURCES: LEGAL SERVICES AGREEMENT Prosecution Services This Agreement is by and between the CITY OF BREMERTON, (hereinafter referred to as "City") and the COUNTY OF KITSAP (hereina~°ter "County"); and is made and entered into pursuant to the provisions of Chapter 39-34 RCW. WITNESETH: WHEREAS, Chapter 39-34 RCW (Interlocal Cooperation Act) permits local government units to enter into agreement with one another for governmental services; NOW, THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: SECTION L PURPOSE The purpose of this agreement is to provide legal services for the City of Bremerton for prosecution of municipal criminal complaints and civil infractions. SECTION II. SCOPE OF SERVICES The County will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the City of Bremerton Legal Department and Police Department, as more fully described in the Scope of Work attached hereto and incorporated herein as Exhibit "A." LEGAL SERVICES AGREEMENT Prosecution Services - 1 SECTION III, TERM OF AGREEMENT The term of this agreement is June 16, 1999 to June 15, 2004. SECTION IV. TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four (4) months notice to the other party. SECTION V. PAYMENT Th.e County and City agree that compensation for services rendered under this agreement shall be One Hundred Fifteen Thousand, Filly-Three Dollars and Eight Cents ($115,053.08) for the remainder of calendar year 1999. Effective January 1, 2000 and on each succeeding January 1 throughout the term of this agreement, each annual payment shall be adjusted by the percentage increase in the Consumer Price Index-Urban (CPI-U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. It is recognized that the publication of the CPI-U does not ordinarily occur in any given January for the immediately preceding year. Therefore, adjustments made for services provided hereunder shall be retroactive to January 1 of each given year once the CPI-U is known for the relevant preceding year. The City shall provide office space, furnishings and office equipment for one attorney and one support staff person including copier, telephones and computers, and office supplies necessary to process the prosecution caseload. LEGAL SERVICES AGREEMENT Prosecution Services - 2 SECTION VI. INSURANCE AND HOLD HARMLESS Prior to and during the performance of the work covered by this Agreement, County shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least One Million Dollars ($1,000,000.00) aggregate against professional liability or errors and omissions in connection with the work to be performed by County under this Agreement. County shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. County 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 attorneys fees in defense thereof because of actions, claims or lawsuits for damages sustained or alleged to have been sustained by a person or persons arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injures to persons or damage to property is due to the negligence of County, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. Each party shall be responsible for any negligence attributable to that party. LEGAL SERVICES AGREEMENT Prosecution Services - 3 SECTION VIL GENERAL PROVISIONS (a) This Agreement constitutes the entire agreement between the parties. Any modifications or amendments to this Agreemem shall be in writing and shall be signed by each (b) The parties hereby further agree that the Agreement cannot be amended or modified without the written concurrence of both parties. (c) The parties acknowledge that the City Attorney retain~ ultimate prosecutorial discretion in all matters within the scope of this agreement. (d) Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk 239 Fourth Street Bremerton, WA 98337 Kitsap County Prosecutor Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 (e) 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. (f) The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. (g) Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of suck, nor shall any wavier or relinquishment of such fight or power at any time be taken to be a waiver of any other breach. LEGAL SERVICES AGREEMENT Prosecution Services - 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year indicated. CITY OF BREMERTON APPROVED AS TO FORM: BY: LYNN HORTON, Mayor GLENNA MALAlqCA, City Attorney KITSAP COUNTY BOARD OF COMMISSIONERS Charlotte Garrido, Chair Tim Botkin, Commissioner ATTEST: Chris Endresen, Commissioner HOLLY ANDERSON, Clerk of the Board LEGAL SERVICES AGREEMENT Prosecution Services - 5 APPROVED AS TO FORM: RUSSELL D. HAUGE Kitsap County Prosecuting Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY City Clerk LEGAL SERVICES AGREEMENT Prosecution Services - 6 EXHIBIT "A' SCOPE OF WORK The County will provide the full range of criminal prosecution and civil infraction enforcement (i.e., prosecution/case management, legal advisor and special projects as required) to the City's commissioned officers and other enforcement personnel as applicable. 1. Municipal Court Appearance and preparation for all regularly scheduled monthly calendars as follows: 1) 2) 3) 4) 6) ?) s) 9) Non-jury trials. Motion calendars. Jury readiness calendars. Contested infractions calendar including administrative hearings and traffic hearings, as needed. lury trial calendars. Arraignments. Sentencing. Revocation hearings. Motions. b. Miscellaneous 1) 2) 3) Review of cases, making case decisions, and filing complaints. Obtain search and arrest warrants. Telephone or in-person contact with Bremerton Police Department officers. 2. Superior Court a. Appeals (,preparation and appearance). 1) 2) Commencing (only after discussion and authorization from City Attorney). Defending. 3. Meetings ao Attend all meetings with the Police Department, City staff or City Council as requested or required to address current issues. Prepare memorandum addressing the legal ramifications of courses of action contemplated as part of those meetings. Provide liaison between the Bremerton Police Department and the court system regarding procedures and enforcement. Prepare, review and respond to issues as requested by the City Attorney, Chief of Police or Police Captain. 6. Recommend needed municipal code amendments to City Attorney. Provide quarterly reports to the City and the City Attorney's office which shall identify total case filings and case dispositions. EXHIBIT "A"