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HomeMy WebLinkAbout03/18/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, wa 98337 CITY COUNCIL AGENDA MARCH 18, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business B. City Council Study Session, 5:05 - 5:25 P.M., in the City Council Conference Room. Topic of discussion: "Suquamish Tribe's Chico Creek Watershed Project". CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation 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 - March 4, 1998 B. Professional Services Agreement With Kitsap Peninsula ..?Visitor & Convention Bureau Professional Services Agreement With Bremerton Main Street Association D. Professional Services Agreement With Bremerton Area Chamber Of Commerce #AB98-050 #AB98-051 /,4:~.., #AB98-052 #AB98-053 ,¢~ E. Professional Services Agreement With Kitsap County Historical Society #AB98-054 Z'~ 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS (CONTINUED NEXT PAGE) MAYOR'S REPORT A. Bremerton Rotary Donation To City For the Expansion Of Evergreen Park PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) NEW BUSINESS A. Reappointment of Bill Robinson To The Bremerton Planning Commission B. Electronic Monitoring Agreement With The Washington Association of Sheriffs and Police Chiefs C. Budget Adjustment Request For Staffing Clerk's Office D. Contract 3601 Addendum - Kitsap Community Resources For Bremerton Community Service Work Program E. Budget Adjustment For The Legal Department ;../~.~, ~ ~ 9.' PUBLIC HEARING: 6:00 P.M. OR LATER A. Ordinance (First Reading) Amending The Official Zoning Map From "Forest Management" To "SF-2" To Correct A 1989 Omission Affecting A Parcel Near Gorst #AB98-055 #AB98-056 #AB98-057 #AB98-058 #AB98-059 #AB98-060 AGENDA BILL BREMERTON CITY COUNCIL !. SUBJECT':- MINUTES - MARCH 4, 1998 FOR AGENDA OF: IiARCH 18, 1998 ORIGINATING DEPT: .City Council ORIGINATOR: David Fart, Pr~id~n~ DATE SUBMITTED: 529-98 2. ~u~J~[~: (comment on back if necessary) ENDORS E~NT IN FORMAT ! ON MAYOR kPPROVED B%~- COUNCIL ]~RESID~i~T_ FOR SUBMITTAL: 4. $~Y STATEMENT AND REOUIREMENT FOR COI~CIL AcTION: 8. R~COMI~ENDATION: 9..RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: .EXPIRATION DATE: RZVYEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED .DISAPPROVED ~.DATE: A.MENDED 1!. AGENDA BIT,T, NO: 2. CLEARANCE COMMENTS 5 ,.'~.~qw_/:A~ ON NON-PASSAGE: :~,'---W'.-~'D~C~':ON .STA3"FING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: TAPE #1529 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MARCH 4, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 4, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. President Farr made the following announcements: (1) The Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a Study Session from 5:05 - 5:25 on the City's Insurance and Self-Insurance Program. (3) Immediately following the City Council Meeting, the City Council will hold a 45- minute Executive Session to discuss issues relating to "litigation" and "real estate". Deputy City Clerk Paula Johnston announced Agenda item 3B would be discussed as a "New Business" item. CONSENT AGENDA A. Minutes of Meeting - February 18, 1998 #AB98-O37 Mr. McConnell pointed out he was absent from the February 18, 1998 City Council meeting and his name should be removed from voting on Agenda item 8B. #0065 MlSlC(ArendslMontgomery) Motion to approve corrected: deleting Councilman McConnell's name from removing his name as a voting member on Agenda item 8B. the Consent Agenda as those in attendance and Vote on motion: In Favor: Reed, Montgomery, Arends, Shepherd, Farr, Overson, Law, Olsen Abstain: McConnell Motion carried. TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 2 of 11 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 #0099 MISICiU(MontgomerylArends) On March 4, 1998, the Council does approve for payment those vouchers included and further described as follows: 217420, 217423 through 217597 in the amount of $490,351.57; and Regular Payroll for the period ending February 28, '1998, in the amount of $816,977.17. COUNCIL MEMBER REPORTS Mr. MontRomery announced he will holding a District #8 Public Meeting on March 12, 1998, 6:30 - 8:30 P.M., at the Bremerton School District Administration Office (Board Room). The Topic of discussion for that meeting is "Concerning The Revision to The Shoreline Master Plan" with AliceSchisel from Department of Ecology as guest speaker. All questions are to be in writing prior to the meeting and will be addressed at the end of the presentation. If sufficient time permits, questions from the floor will be permitted. Flyers advertising this meeting are to be mailed out to voting constituents whom border on Marine Drive and Madrona Point Drive (along the channel). Mrs. Arends announced the Bremerton School District will hold public forums from March 15-27 at various schools to discuss new Statewide testing for grades 4-7 and a pilot program for grade 10. Information on this issue can be obtained from Terrie Edwards 478-5115. Mr. Shepherd announced the Bremerton School Board of Director will meet March 5, 1998, 5:30 P.M. The agenda for that meeting will include the discussion of boundary redistricting that affects those areas near Olympic College and Evergreen neighborhood. The next District #5 Neighborhood Meeting will be held March 26, 1998, 6:30 P.M., at the Lutheran Memorial Church. Topics of discussion for that meeting will be Blockwatch Program, strip parking, and spring cleaning. The following musical events will be held at the Bremerton High School Performing Arts Center: Bremerton Junior High Concert on March 18, 1998, at 7:30 P.M., Bremerton High School Orchestra will perform on March 17, 1998; and the Bremerton High School Vocal Concert will be held on March 24. Mr. Overson expressed his support for the Neighborhood Blockwatch Program and in particular the Highland Blockwatch group. Blockwatch Captain Ed Rollman was instrumental in apprehending a bank robber within minutes of that robbery taking place. Over the past year, Mr. Rollman has been involved in solving three significant crimes and Mr. Overson applauds him for his work in keeping their neighborhood a safer place to live. He encouraged others who are interested in improving their neighborhood to actively support the Neighborhood Watch Program. TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 3 of 11 Mr. Law extended a "welcome home" greeting to the USS Sacramento crew. The next District #3 Neighborhood Meeting will be held on March 17, 1998, 7:00 P.M., at the Senior Center. The subject for that meeting will be announced at a later date. Mr. McConnell announced District #2 will resume Neighborhood Meetings on April 23. Flyers announcing the Agenda for that meeting will be sent out. Mr. Farr reported Council held a Study Session/Retreat on February 28, 1998. He believed that time spent was productive. He thanked all those who gave input on possible changes to the format of City Council meetings. Council has decided not to make any changes to the Council meeting format and will work to make the present schedule work better. He announced Council has set up a Study Session on March 16 that will include a presentation by Kitsap County Chds Endresen on the County's Comprehensive Plan. The Bremerton Planning Commission has been invited to attend that Study Session, which will be held in the City Council Chambers, and he hoped to have it either televised over Channel 12 live or taped and replayed at a later date. Today he attended the Kitsap Regional Coordinating Council meeting where a vote was taken and Resolution passed requesting the Kitsap County Commissioners delay for 90 days the Comprehensive Plan with the hopes that the County and cities can come to some'agreement on outstanding issues. He reported he and Rodney Johnson, a mayoral candidate, both experienced break-ins at their residence this past weekend. Two of his vehicles were victims of car prowl. He noted it might be time to set up a Blockwatch group in his neighborhood. MAYOR'S REPORT Mayor Lynn Horton announced the City of Bremerton, in cooperation with the KJtsap County Sold Waste Program, has undertaken a Corrugated Cardboard Recycling Program. Drop off points are the Olympus Drive Fire Station and the Kitsap Way Fire Station. The Citizens Commission on Council Salary will hold a Study Session on March 9, 1998, 5:00 P.M., in the City Council Conference Room; and a Public Hearing on April 6, 1998, 5:30 P.M., in the City Council Chambers. After 28 years, the City's mortgage on the Parking Garage located at 4th and Washington has been paid off after having been refinanced several times. PUBLIC RECOGNITION Teresa Dembicer, Bremerton resident, reported on Friday evening Bremerton Police Officers entered (pushed in the door) and searched the home of her friend, Scott Doty, without a search warrant. She and her friend were awakened and it upset her that she was not allowed pull on her clothes over her pajamas. The officers took several little "buck knives" and BB guns that have little or no value. Mr. Doty was a Marine most of TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 4 of 11 his life and not one to hurt anyone. She believed the two Police Officers involved in that incident should be punished. Don Atkinson announced the 2nd Annual Senior Fair will be held at the Kitsap May on March 7-8, 1998, during Mall hours of operation. Ed Rollman, Blockwatch Captain for the Highland Avenue neighborhood, gave a detailed account of his part in helping to capture a suspected bank robber on February 26, 1998. He commended Detective Andy Oakley for his quick response and disregard for his own personal safety while taking down information from Mr. Rollman about the person he suspected to be a bank robber. He praised the Bremerton Police Department and believes they have turned a corner on public relations with this kind effort. Earl Burt, Bremerton resident, stated with regard to the Chinook Salmon crisis of becoming an endangered species, he questioned if the removal of a screen in Kitsap Lake could enhance salmon spawning? He also identified Gorst Creek as a possible location to help enhance the salmon. Susan Brown, Bremerton resident, announced at Council's Retreat on February 28, 1998, the City Attorney recommended forming a Citizens' Advisory Committee to review the City's Ethics Code. She asked if the City Council had set a time line for the formation of that committee? President Farr stated no time line had been set at this point, however, Mrs. Brown will be notified as soon as the City sets that action in motion. Mrs. Brown stated during Council's discussion on the Ethics Code, it disturbed her that Councilman Overson stated he did not want anyone on that committee that had an opinion. She interpreted that comment to mean someone with a "hidden agenda" was not desired. She emphasized it is important to have people with good opinions, which is a way to develop healthy laws. She has made it clear that her "agenda" is to have the law changed so that no one can interfere in any way with any City committees. She could understand if Council did not wish to have her serve on that committee, but she hoped that a wide variety of people would be selected that represented Bremerton. 3B - POSITION DESCRIPTION FOR DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT~ #AB98-038 Jim Meith, Human Resources Manager, stated in regard to a question raised regarding the salary for this position, what is proposed is not a change from the existing position (Director of Community Development). A survey of comparable cities, based on some alignments that were done two years ago on salaries, showed that the Director of Community Development's salary was actually slightly ahead of the average; therefore, even with some additional responsibilities it was felt it was an adequate salary level. Currently, recruitment activities are underway and with Council's approval the City could move forward with the selection process. That recruitment effort resulted in 40 requests for applications to date and 10 have been submitted. TAPE #1529 City Council Reg. Mtg. Minutes March 4, '1998 Page 5 of 11 Public comment - none. Mr. Overson stated he was contacted by active citizens, who have worked with the Department of Community Development (DCD), about their concern that the position description appears to require significant additional work for the DCD, but there is no intent, at this point, to add staff 'to that organization. It was requested that an explanation come from City staff assuring the public that even though the work load is increased they can accomplish what is required above and beyond the work load they are having trouble keeping up with currently. Mayor Horton stated she did not believe the City is requiring the person in that position to do additional work, but she hoped to attract someone with economic development experience, i.e. bringing new businesses to the community, working with new businesses, business retention, etc. Donald Pratt, former Department of Community Development Director, did that same kind of work, but did not come with that kind background. With the addition of Judy Johnson as the Building Official, some of the workload has been taken off the DCD Director position. In regard to the "thin staff", she pointed out most City departments are working with limited staffing to provide City services. Mr. Overson thanked Mayor Horton for her explanation and noted this does not necessarily represent an increase in workload as a mild change in focus. #0963 MISICIU(McConnelllOverson) Motion to approve the position description for Director of Economic and Community Development and necessary changes in the 1998 budget authorized staffing; and authorize the Council President to sign the position description. 8A- CONFIRMATION OF ALLISON DUKE III AS FIRE CHIEF~ #AB98-039 The Human Resources Manager via the Civil Service Officer has completed a promotional recruitment for the position of Fire Chief. The Mayor is requesting confirmation of the appointment of Allison Duke III to the position of Fire Chief. Mayor Lynn Horton stated Al Duke has been with the City of Bremerton since 1984, and has 20 years of expertise in the field of fire service, which included working for the Los Angeles Fire Department from 1979 - 1984. Mr. Duke has served as Interim Fire Chief since July 1997. She expressed her confidence in Mr. Duke's abilities as a Fire Chief and the person in charge of Emergency Management for the City of Bremerton. She pointed out the Kona Village Apartments fire was testimony to his leadership within the Department in terms of fire response, response to the community and dealing with the media. He was also instrumental in the recoupment of approximately $80,000 in FEMA Funds covering damages from past storms in late 1996 and early 1997. She also pointed out Mr. Duke is well respected among the rank and file and urged Council to confirm his appointment as Fire Chief. Public comment - none. TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 6 of 11 Mr. Law questioned if the position will be by contract or under Civil Service? Mayor Horton stated by contract; however, it did go through a Civil Service process. Mrs. Arends stated it was a testimonial to Mr. Duke that so many of her fellow Council members wanted the opportunity to nominate him for the position of Fire Chief. She believes he has been a man that has been "tested by fire". Mr. Overson expressed the l~act Bremerton is fortunate to have the quality of staff to aspire to this position and Mr. Duke did standout during the Kona Village Apartment fire. #1115 MISICIU(OlsenlMcConnell) Motion to confirm the appointment of Allison Duke III to the position of Fire Chief and waive the requirement to seek applications from non- employees. Fire Chief Al Duke thanked the City Council for their confidence in his abilities for this position. He feels honored to work for the City. He thanked the members of his staff, the rank and file, Mayor's Office and his wife for their support. Mayor Horton noted Chief Duke would be officially sworn in at a later date. 8B - BID AWARD TO ACTIVE ENVIRONMENTAL~ INC. FOR DEMOLITION OF PROPERTY UNDER ABATEMENT LOCATED AT 1018 BURWELL STREET, #AB98-040 The Building Department ordered the building at 1018 Burwell Street abated and vacated after unsafe conditions were found on the site. The owner of the building, Betty Mahan, failed to meet the deadlines of the abatement order for repairs to the building. The City is now prepared to demolish the building and bids were obtained for the work. The Iow bidder was Active Environmental, Inc. with a bid of $29,747.50. Council must now decide whether to award the contract to this contractor. Judy Johnson, Interim Director Department of Community Development stated she would answer any questions Council might have. Public comment - none. President Farr asked if there was something to indicate the authorization to start the demolition will be immediate or is there a waiting period? Ms. Johnson stated she expected there might be a two-week waiting period before the demolition actually commences. If the contract is awarded Active Environmental, Inc., have agreed to a 30- day completion period. Mr. Law pointed out the variation between the bids and asked if the Iow bidder is approved wi'il they be required to post a Bond? Ms. Johnson stated that firm had already posted a 5% Bond when the bid was submitted. The request for proposals TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 7 of 11 detailed what was required, they were aware that an asbestos survey had been conducted and all of the contractors were given the opportunity to tour the site. Mr. McConnell pointed out the Iow bidder did not participate in the walk through nor signed an addendum. He questioned the importance of a "signed addendum"? Ms. Johnson stated the addendum that was not signed was just a part of the package that did not have any bearing on the total bid. The firm did not do a walk through; however, the City did do a performance check through the Department of Labor and Industries and the Better Business Bureau, which resulted in no complaints and verified they are currently licensed as a contracting company. In reference to Mr. Law's comment that a wide variety of bids were received, the various companies have different opportunity for recycling, some just demolish and remove the debris. It was her belief that Active Environmental Inc., is proposing to do a considerable amount of recycling materials rather than just disposing it at the landfill. Mr. McConnell pointed out the varying times for days of completion - 2 to 30. He questioned how a firm could complete the work in two days when others indicated they would require 10-20-30 days? Ms. Johnson stated she could not provide an answer considering the requirement includes demolition and site clearing. Mr. Reed asked if the fact this firm did not attend the walk through left the door open for them not to have seen some of the required work, and does the contract allow for them to add increases based on unknown hazardous conditions? He also questioned if their bid proposal included information about any proposed recycling activities? Ms. Johnson stated no, however, information obtained from other sources indicated that they do a considerable amount of recycling. No information on planned recycling activities was identified in the bid; it was just a dollar bid. The City did not make the walk through a requirement of the bid; it was an added service provided by the City. In answer to the question if the company could add items to the bid, the bid price was complete without any language that would allow any add on costs. Mr. Reed expressed concern that some type of hazardous waste contamination might be found after the work is underway. He asked if the City checked with anyone that had used their services to determine how they leave the site once the demolition is complete? Ms. Johnson stated no, but the City knows how the site is to be left and that was discussed in the request for proposals. Regarding contaminated sites, that was one reason for opening up the site for pre-inspection. The walk through included a complete inside attic to basement inspection. There may have been an outside inspection made by the firm at some other time. Mr. Overson questioned if he understood correctly that the City pays upon completion of the contract? Ms. Johnson stated yes. Glenna Malanca, City Attorney, stated for clarification that the motion is not an award of contract that would obligate the Mayor to sign. The motion should include authorizing the Mayor to sign the contract and it is within her discretion, considering other possibilities that may or may not arise, to actually sign the contract. TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 8 of 11 Mr. Olsen asked if Ms. Johnson had spoken with the company about their bid proposal and that they understand what was expected of them? Ms. Johnson stated she had not personally talked with the firm; however Janet Lunceford of the Department of Community Development had dealt directly with the firm. #1523 MISICIU(OversonlShepherd) Motion to authorize the Mayor to enter into a contact in the amount of $29,747.50 for demolition of 1018 Burwell with Active EnVironmental, Inc., subject to City Administrative Polities and Procedures. 9A - RESOLUTION NO. 2644, ESTABLISHING USE OF DECORATIVE STREETLIGHT STANDARDS FOR SR304 TRANSPORTATION IMPROVEMENT PROJECT), #AB98-041 The City Council has expressed a desire to establish a standard for the use of decorative streetlights in the City. The priodty location for use of this standard is in the SR304 Transportation Improvement Project. The proposed decorative streetlight standards will use a fluted pole and decorative base. It incorporates the same lighting pattern as those on regular City streetlights. This would allow the same lighting patterns, intensity, and pole spacing. The increase in project costs to provide decorative streetlight standards over regular streetlight standards is estimated to be $137,000 for the entire project. This is a 2.3 percent increase over the total cost of installing a regular streetlight system on the project, and is 0.5 percent of the entire SR304 project budget. To establish the use of a decorative streetlight standard for the project, passage of the attached Resolution is recommended. A Citywide comprehensive decorative street lighting plan will be prepared for future Council consideration. Lynn Price, Senior Engineer, stated the Environmental Impact Statement process has been going on for some time for the SR3/304 project and during part of that time there has been considerable discussion regarding the need to develop a connection from the Gateway entry area to the downtown area. That discussion was in terms of using landscaping and decorative streetlights. He displayed a drawing showing a decorate street light proposed for the project - 40 ft. standard fluted streetlight pole with a decorate base and set up for the standard luminaries used throughout the City. The cost of the decorative street lighting is $137,000 for the total project. Currently, the City is in the process of developing the contract specifications for the Burwell portion of the project and the additional cost for street lighting is approximately $67,000. As stated, the percentage of increase over a standard streetlight (State Department of Transportation type street lighting) is 23% for the whole project, which is only 0.5% of the total project costs. TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 9 of 11 It was necessary to bring this issue before the Council at this point in order to continue the finalization of the project specifications to incorporate the decorative streetlights in that contract. Teresa Dembicer, Bremerton resident, opposed the additional cost for decorative lighting and felt it would be better to spend those funds on positive kinds of activities for youth in the Bremerton community. Mr, Overson asked if the light poles would be painted green? Mr. Price stated yes. Mr. Overson asked if he understood correctly that the new lights would not be replacing existing lighting? Mr. Price explained the new lighting would be installed on the north side of the street behind the sidewalk, and will be part of the City's lighting system. The existing lights located on the south side of the street that are currently part of the Puget Sound Energy will be removed. Mr. McConnell asked what other purpose could the funds proposed for the decorative lighting be used for?. Mayor Lynn Horton explained the funds for this project are transportation dollars and cannot be spent on general government i.e., parks, police, fire, etc. This project will be funded through State, Federal, and City funds. Those funds can be used for lighting and amenities to the transportation corridor. Mr. Olsen asked what kind of light standard would be used if the decorative standard was not selected? Mr. Price explained they would use the galvanized steel light poles, such as those located on Kitsap Way. Mr. Olsen questioned if the decorative standards would require more maintenance over the years, i.e., needing repainting? Mr. Price stated yes, there would be some additional costs for maintenance, but it is difficult to determine the exact cost. The type of paint used on the decorative poles would not involve a heavy-duty maintenance requirement. The fact that the poles will be situated behind the sidewalk will lessen the likelihood of vehicles causing damage. Mr. Olsen asked who will be responsible for the paint on the poles long term? Mr. Price stated the City would be responsible for that maintenance. Mr. Shepherd questioned any differences between the decorative and standard light poles as far as height and illumination? Mr. Price explained the illumination will be the same and the only other difference will be that one is decorative and one is not. This is also part of a hopefully longer-term type of development for future identification of decorative type luminaries throughout other parts of the City. Mr. Reed questioned if the upgraded light poles are approved, will it set the standard for other projects, either private or public, throughout the City? Mr. Price stated not entirely, It would set the standard for arterial street lighting where it was deemed that decorative lighting would be best suited; however, it would not be setting a city-wide standard. Mr. Reed stated if Council decides to make this large investment in the Gateway area, we should decide if this type ~ desired throughout the City, which could TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 10 of 11 be proposed through a comprehensive Decorative Plan. He has watched the City Council consistently buy the cheapest, lowest end products for most projects; however, he believes it would be a wise investment and an opportunity to "polish its surface". Mr. Montgomery disagreed with Mr. Reed that the City only purchases Iow quality products. The City is required by law to take the lowest cost that meets the specifications of the project. Bob Tulp, Public Works Operations Manager, stated the proposed lighting system for the DOT project will remove all existing Puget Power lights that are on Burwell Avenue, which reduce the lighting cost that he carries in his budget for street lighting. In regard to Mr. Reed's comment about purchasing the cheapest product, the Kitsap Way corridor has a good light system with galvanized poles and decorative lighting in front of City Hall on Fourth Street. He worked with the Engineering Department on the proposed design and he applauds their efforts in recommending the decorative standards that will be an enhancement that will require only Iow maintenance. In regards to Mr. Reed's other point, the City is currently working on standards for contractors and other improvements in the City; thereby not having to rely on the Utility Company to put in their system that ends up costing the City top dollars. Mr. Olsen stated he would vote against this proposal because he believes the galvanized poles look nice and blend in better than the green light standards. He believes landscaping along Burwell Avenue will lend itself to the Gateway affect along that route. He believes the additional cost of $137,000 could be spent more wisely on something else as part of that project. #2120 MISICIU(MontgomerylReed) Motion to pass Resolution No. 2644 establishing the use of decorative streetlight standards on the SR304 Transportation Improvement Project as the standard streetlight pole for the project. Vote on motion: In Favor: Reed, Montgomery, Arends, Farr, Overson, Law, McConnell, Opposed: Shepherd, OIsen 10A - ORDINANCE (FIRST READING) ESTABLISHING A PUBLIC ACCESS ADVISORY COMMITTEE, #AB98-042 The Public Access Citizens Advisory Committee is a joint County/City committee organized to promote and develop optimal utilization of the public access television system. This committee of nine individuals will work with the BKAT Executive Director to make recommendations regarding the provisions of public access facilities and services, promote community outreach, and provide a forum for citizen concerns. Kathleen McCluske¥, Director of Administrative Services, stated of the nine members, the County would appoint four and four would be confirmed by' the City Council. The ninth member would be a youth, who would be jointly appointed by the City and County. TAPE #1529 City Council Reg. Mtg. Minutes March 4, 1998 Page 11 of 11 During the discussion at the Fiscal and Budget Committee, Councilman McConnell was concerned about the City Charter provision that requires committee members live in the City and are 18 years or older. That is stated in the Charter, but it does qualify the statement "unless accepted by an Ordinance". It is desired to have a youth on the board and it was important to have members represent the entire County because the Cable system and this committee will represent the entire County. She anticipates the committee will be up and running by April 1998. Public comment - none. Mr. Law asked for clarification on the differences between this committee and the previous Cable Access Committee. Mrs. McCluskey stated the prior committee was called the Cable Communications Advisory Committee, which was more far reaching in its responsibilities that involved telecommunications, franchising, etc. The purpose of the Public Access Advisory Committee is specifically public access. If there is an interest in having a telecommunications committee, the Administration could revamp the ordinance and make it even broader than that for the Cable Communications Advisory Committee and deal with Internet, etc. Mr. Law questioned if the committee expanded into other areas it would only be done with Council's concurrence and public notice. Mrs. McCluskey stated yes. #2332 MISICIU(OlsenlMontgomery) Motion to approve Ordinance on first reading, establishing a Public Access Citizens Advisory Committee, and repealing Chapter 2.100 of the Bremerton Municipal Code. President Farr thanked the TV camera crew for their services: Robert Neal, Kris Knowles, Carl Heard, Robert Dumas and Gretchen Elliott. With no further business meeting adjourned at 6:43 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me cc: Normal Distribution FileNault BREMERTON CITY COUNCIL AGENDA BILL 1. SUBJECT: Professional Services Agreement Kitsap Peninsula Visitors & Convention Bureau ORIGINATING DEPARTMENT~,dm. Srvc. FOR AGENDA OF: 03/18/98 ORIGINATOR: Paula Johnston DATE SUBMITTED: 03/12./98 2. CLEARANCES: (comment on back if 3..EXHIBITS: necess, a~) Administrative Services ~~,.~~ Agreement City Attorney ~2~', Council Fiscal & Budget ~ ~_..¢.~.-.~- ¢¢'~'~ Council Operations MAYOR~..,~ ~- ~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In allocating 1998 Hotel/Motel Tax revenues, the City Council directed that $29,000. be designated for the Kitsap Peninsula Visitors & Convention Bureau. Funds will be used to perform the scope of services identified as Exhibit A. of the Agreement. 8. RECOMMENDATION: That City Council approve the Professional Service Agreement with the Kitsap Peninsula Visitor & Convention Bureau in the amount of $29,000. for the year ending 12/31/98. 9. RESPONSIBLE OFFICIAL: Admin, Services ENFORCEMENT OFFICIAL: Admin Services EXPIRATION DATE: 12/31/98 REVIEW DATE: 11/01/98 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: ~ ~- 0~'] 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-pASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Budgeted in Fund 104 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Kitsap Peninsula Visitors & Convention Bureau THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and the Kitsap Peninsula Visitors and Convention Bureau (hereinafter referred to as" Consultant"). WITNESSETH: 1. SCOPE: In exchange for compensation, Consultant agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1, 1998 and will terminate December 31, 1998. 3. COMPENSATION: City shall pay Consultant Twenty Nine Thousand and no/100 Dollars ($29,000.00) . Payment shall be made in twelve equal installments of Two Thousand Four Hundred Sixteen and 67/100 Dollars ($2,416.67). 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a non-profit agency skilled in matters pertaining to operations and management of a tourist and convention bureau and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Consultant organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Consultant shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the Consultant or by Consultant to City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton WA 98337 Kitsap Peninsula Tourist & Convention Bureau P.O. Box 270 Port Gamble, WA 98364 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP PENINSULA TOURIST & CONVENTION BUREAU Date: By: , President CITY OF BREMERTON Date: By: LYNN HORTON, Mayor EXHIBIT A SCOPE OF SERVICES The Consultant shall provide the following services: Implement the 1998 Marketing Plan: a. Increase the number of ads placed in travel and travel related magazines b. Participate in trade shows that produce visitors to this area c. Produce a quality video of our area that can be played at Visitor Information Centers and trade shows d. Purchase a trade show exhibit booth which can be loaned to area Chambers when not in use by the Consultant Increase distribution of Visitors Guide Open a Visitor Information Center in south county that has access and visibility g. Develop and produce loop tour brochures aimed at niche markets, such as bike tours, museums, golf courses, and boating h. Develop and produce a regional meetings planners guide I. Upgrade office computer system with new hardware and software 2. Promote Bremerton programs, including a Web page. Work cooperatively with the Bremerton Area Chamber of Commerce in the promotion of the City of Bremerton. Submit quarterly reports to the City Council advising performance and progress of the foregoing. DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: City Attorney BREMERTON CITY COUNCIL AGENDA BILL 1. SUBJECT: Professional Services Agreement Bremerton Main Street Association ORIGINATING DEPARTMENT~m. Srvc. FOR AGENDA OF: 03/18/98 ORIGINATOR: Paula Johnston DATE SUBMITTED: 03/12/98 2. CLEARANCES: (comment on back if 3. EXHIBITS: necessa~) , Administrative Services ~-~ ~..~.~~ Agreement City Attorney ~ Council Operations 4. ,SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In allocating 1998 Hotel/Motel Tax revenues, the City Council directed that $10,000. be designated for the Bremerton Main Street Association. Funds will be used to perform the scope of services identified as Exhibit A. of the Agreement. 8. RECOMMENDATION: That City Council approve the Professional Service Agreement with the Bremerton Main Street Association in the amount of $10,000. for the year ending 12/31/98. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin Services EXPIRATION DATE: 12231/98 REVIEW DATE: 11/01/98 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED __DISAPPROVED~ DATE: AMENDED 11. AGENDA BILL NO: ? ~ "" 0,~',,';L, 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Budgeted in Fund 104 7..RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Bremerton Main Street Association THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and the Bremeton Main Street Association (hereinafter referred to as" Consultant"). WITNESSETH: 1. SCOPE: In exchange for compensation, Consultant agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1, 1998 and will terminate December 31, 1998. 3. COMPENSATION: City shall pay Consultant Ten Thousand and no/100 Dollars ($10,000.00). Payment shall be made in twelve equal installments of Eight Hundred Thirty-three and 33/100 Dollars ($833.33) beginning January 1998. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a non-profit agency skilled in matters pertaining to operations and management of a main street association and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Consultant organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Consultant shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the Consultant or by Consultant to City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton WA 98337 Bremerton Main Street Association Suite 201B 245 Fourth Street Bremrton, WA 98337 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. IN VVITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. BREMERTON MAIN STREET ASSOCIATION Date: By: , President CITY OF BREMERTON Date: By: LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A Consultant will provide the following services: That consultant will become a member of the National Main Street Association, as defined in the "Washington State Community, Trade and Economic Development" publication dated March t997. If this action is not taken, Consultant is to rename the organization, i.e., removing Main Street from the name. Continue to sponsor community events and participate in Task Force meetings as described as follows: ao St. Patrick's Day Festivities Art Party Six weekly Concerts on the Boardwalk Blackberry Festival Santa arrival to the downtown area Armed Forces Day Festival (by request) Promote the City of Bremerton by continuing publication and distribution of a pamphlet through the Bremerton Area Chamber of Commerce and Visitors & Convention Bureau. Submit quarterly reports to the City Council advising progress and performance of the foregoing. BREMERTON CITY COUNCIL AGENDA BILL 1. SUBJECT: Professional Services Agreement Bremerton Area Chamber of Commerce ORIGINATING DEPARTMENT:Adm. Srvc. FOR AGENDA OF: 03/1~/98 ORIGINATOR: Paula Johnston DATE SUBMITTED: 03/12/98 2. CLEARANCES: (comment on back if 3. EXHIBITS: necesst~'y) Administrative Service~'~'~ Agreement City Attorney Council Fiscal & Budget~.~.~ Council Operations 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In allocating 1998 Hotel/Motel Tax revenues, the City Council directed that $35,000. be designated for the Bremerton Area Chamber of Commerce-Visitor Information Center. Funds will be used to perform the scope of services identified as Exhibit A. of the Agreement. 8. RECOMMENDATION: That City Council approve the Professional Service Agreement with the Bremerton Area Chamber of Commerce-Visitor Information Center in the amount of $35,000. for the year ending 12/31/98. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Adrnil~ Service~ EXPIRATION DATE: 12/31/98 REVIEW DATE: 11/01/98 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: Budgeted in Fund 104 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Bremerton Area Chamber of Commerce-Visitor Information Center THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and the Bremeton Area Chamber of Commerce-Visitor Information Center (hereinafter referred to as" Consultant"). WITNESSETH: 1. SCOPE: In exchange for compensation, Consultant agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1, 1998 and will terminate December 31, 1998. 3. COMPENSATION: City shall pay Consultant Thirty Five Thousand and no/100 Dollars ($35,000.00) . Payment shall be made in twelve equal installments of Two Thousand Nine Hundred Sixteen and 67/100 Dollars ($2,916.67) Beginning in January 1998. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Consultant is a non-profit agency skilled in matters pertaining to operations and management of a visitor information center and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Consultant organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Consultant shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the Consultant or by Consultant to City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton WA 98337 Bremerton Area Chamber of Commerce P.O. Box 229 Bremrton, WA 98337 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including 'appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability except employment actions based on a bona fide occupational qualification. '!0. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. BREMERTON AREA CHAMBER OF COMMERCE Date: By: Date: CITY OF BREMERTON By: ,President LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: City Attorney EXHIBITA SCOPE OF SERVICES Consultant shall provide the following services: 1. Implement the 1998 Business Plan as recommended by the Advisory Board and outlined in the October 1, 1997 scope of work (Exhibit B). 2. Promote Bremerton programs, including a Web page. 3. Work cooperatively with the Kitsap Peninsula Visitor & Convention Bureau in the design and placing of advertisements promoting the community. 4. Submit quarterly reports to the City Council advising progress and performance of the foregoing. EXHIBIT B BREMERTON AREA CHAMBER OF COMMERCE 1998 BUSINESS PLAN For Hotel/Motel Tax Allotment Rent for Visitor Information Center Staffing for Visitor information Center Staffing Waterfront Booth in summer/holidays HomePage (Contains Visitor Info.) Postage/Supplies Armed Forces Festival (Parade, Carnival, Pageant) Advertising Requested Advisory Actual By Chamber Board Rec. AIIoted 1997 1998 1998 $20K ~55K $40K $6,000. $ 6,000. $ 6,000. $7,976. $28,750. $19,501. $2,208. $ 2,208. $ 2,208. $ 816. $ 816. $ 816. $3,000. $ 3,000. $ 3,000. 0 $15,000. 0 0 0 $ 8,475. TOTAL = $20,000 $55,774. $40,000. BREMERTON CHAMBER P.O. Box 229 120 Washington Ave., # 103 Bremerton, WA 98337 A Stronger Chamber Equals A Stronger Community Bremerton Area Chamber of Commerce PH: (360) 479-3579 FAX: (360) 479-1033 emall: chamber@ bremertonchamber, org Web Page: ~vw.bremertonchamber. org October 1, 1997 Lois Nowlin Budget Specialist 239 Fourth Street Bremerton, WA 98337 Subj: 1998 Bremerton Area Chamber of Commerce Hotel/Motel Tax Request 1998 Scope of Work: Ao Staffing of Waterfront Booth: Waterfront Booth - Staffthe Waterfront Booth from 10am-4pm. * 17 Weekends, May 16 - September 6. $1,632 '~ Holidays Option 1, eight holidays (Martin LK, Pres Day, Armed F, Mem Day, July 4th, Labor Day, day after Thanksgiving & Christmas) $576 Option 2, six holidays (Martin LK, Pres Day, Armed F, Mem Day, July 4th, Labor Day $432 Option 3, four holidays (Armed F, Mem Day, July 4th Labor Day) $288 Therefore, staffing of the Waterfront Booth ranges from a iow of $1,920/year to a high of $2,208/year, depending upon how many holidays the City wants the VIC Waterfront Booth to be manned. B. Tourist Information/Marketing Coordinator: It has become very apparent that in order to handle the demands of marketing our community, a full-time Tourist Information/Marketing Coordinator needs to be hired. Currently, we have two part- time employees plus volunteers perform these duties. The salary would be $23,000/year plus benefits for a total cost of $28,750. The Tourist Information/Marketing Coordinator would be responsible to: * order brochures and maps for our Visitor Information Center. * coordinate all press releases going out from the Chamber * help design ads and promotional materials * answer all tourist queries (phone, E-mail and mail) * assist tourists who walk into our Chamber office * supervise the Water~ont Booth staff * take the orders and mail out any requests for brochures, maps, phone books (for those relocating to our area) *keep track of the numbers of tourists visiting our office, visiting our Waterfxont Booth and requesting information Thr~e times a year (January, May and September), he/she would provide a written report to the City. Page 2 B. Advertising: Last year, the City of Bremerton did not allocate any money to the Chamber for advertising. With a full-time Tourist Information/Marketing Coordinator, described in section "A" above, he/she could work with the Hotel/Motel Advisory Committee to determine what advertising best suited promotion of our community. Some suggestions are: ' WALT Guide (Washington Lodging & Tourism Guide) (The WALT Guide ad is usually $2000.) AAA Tour Book. (The AAA ad usually runs about $500.) The SUN's "Westsound" tourist guide (ad for $500) Kitsap Newspaper Group's "Destination Kitsap" tourist guide ($500 ad) CEO Magazine (ad for about $500). The above advertising would cost ~.pproximately $4,000. Recommendation: Place a specific mount of Hotel/Motel dollars in a separate "Advertising Account". Have staff from the Bremerton Chamber and staff from the Kitsap Peninsula Visitor & Convention Bureau help design and place the ads. Pay each 10% of the ad total for their efforts (ie. on a $500 ad, the Chamber would receive $50 and the VCB would receive $50). Based on this recommendation, if you had $30,000 set aside for advertising, the Bremerton Chamber would receive $3,000/year and the VCB would receive $3,000/year to pay for stafftime in designing and placing the various ads. The total advertising budget would be $36,000. C. ltomePage: Last year, you provided $590/year for the HomePage. (Our cost is $816/year.) We would like to amend our request to reflect the actual cost. (Please take a look at our home page at www.bremertonchamber.org. We are very proud of it.) HomePage $816 D. VIC Office Space: Last year, you provided $6000/year for VIC office Space. (Our total rent is $14,400/year, not. including telephone costs). We would like to request the same degree of support. Office Space $6,000 E. Postal~e/Supplies: Last year, you provided $3,000/year for postage and supplies to respond to queries from Travel Agencies and individual tourists. We would like to request the same degree of support. Postage/Supplies $3,000 F. Events: Last year, we were not aware that we could put in for support of events that draw in tourists. If the city is going to include support of events again this year, we would like to request $15,000. The funding would go to advertising the various events (i.e. Parade, Golf Tournament, Pageant and Family Carnival), would go to paying for expenses incurred to bringing entertainment and the four-day carnival to the waterfront, would go to signage for the parade, would go to postage to obtain participants in the parade, would go to pay the added insurance requked to put on the parade, would go to renting of the porta-potties and, of course, would go towards printing costs for brochures with map of parade route. These Armed Forces Festival brochures are mailed out to Yacht Clubs (Edmonds, Seattle, etc.), travel agents, placed On ferries and distributed locally. Page 3 SUMMARY OF BUDGET REQUEST FOR 1998: A. Separate Advertising Account set up with Hotel/Motel Advisory Committee (not to go to Chamber or VCB Directly) $36,000 B. Bremerton Area Chamber of Commerce Request Waterfront Booth Minimum Staffing Waterfront Booth Maximum Staffing $1,920 $2,208 Full-time Visitor Information/Marketing Coordinator Home Page Office Space for VIC Postage/Supplies $28,750 $816 $6,000 $3,000 C. Events Request (For Armed Forces Festival Parade, Pageant, family Carnival and Golf Tournament. $15,000 Therefore, the Breme~ton Area Chamber of Commerce is requesting a minimum of $55,486 to a maximum of $55,774 to provide the above services for the purpose of attracting tourists to our Bremerton community. Sincerely, Sandra L. Howes Executive Director 479-3579 479-1033, fax BREMERTON CITY COUNCIL AGENDA BILL 1. SUBJECT: Professional Services Agreement Kitsap County Historical Society ORIGINATING DEPARTMENT:Adm. Srvc. FOR AGENDA OF: 03/18/98 ORIGINATOR: Paula Johnston DATE SUBMITTED: 03/12/98 2. CLEARANCES: (comment on back if 3. EXHIBITS: neces~) Administrative S erv i ce,?~ ~'q~x~.~,,_.,, Agreement City Attorney Council Fiscal & Budget Council Operations 4. SUMMARY STATEMENT AND REQUIR.EMENT FOR COUNCIL ACTION: In allocating 1998 Hotel/Motel Tax revenues, the City Council directed that $4,400. be designated for the Kitsap County Historical Society. Funds will be used to perform the scope of services identified as Exhibit A. of the Agreement. 8. RECOMMENDATION: That City Council approve the Professional Service Agreement with the Kitsap County Historical Society in the amount of $4,400. for the year ending 12/31 ~98. 9. RESPONSIBLE OFFICIAL: Admin. Servi.ces ENFORCEMENT OFFICIAL: Admin Sewices EXPIRATION DATE: 12/31/98 REVIEW DATE: 11/01/98 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: 9 ~> - OS"dl'' 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Budgeted in Fund 104 7. RESF,,ARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Kitsap County Historical Society THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and the Kitsap County Historical Society (hereinafter referred to as "Society"). WITNESSETH: 1. SCOPE: In exchange for compensation, Society agrees to provide services to the City as detailed in EXHIBIT A, attached hereto and incorporated herein by this reference. 2. TERM: The contract shall commence January 1, 1998 and will terminate December 31, 1998. 3. COMPENSATION: City shall pay Society Four Thousand Four Hundred Forty Four and no 100 Dollars ($4,444.00) . Payment shall be made in twelve equal monthly installments of Three Hundred Seventy and 33/100 Dollars ($370.33) beginning in January 1998. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that the Society is a non-profit agency skilled in matters pertaining to operations and management of a museum and will perform independent functions and responsibilities in the area of its particular field of expertise. Society and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Society shall work under the direction of the Administrative Services Director. 5. INDUSTRIAL INSURANCE: Society agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSES AND TAXES: Society shall possess a current Bremerton Business License and any regulatory license required to fulfill Society's obligations under this agreement. B & O taxes shall be paid when due and Society, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Society shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. Society agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Society, its subcontractors, agents, volunteers, successors or assigns. This provision shall be inapplicable to the extent City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and information - Society, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in the connection therewith, and any other matters covered by this Agreement. Society will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to the Society or by Society to City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton WA 98337 Kitsap County Historical Museum Society 280 Fourth Street Bremerton, WA 98337 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be waiver of any other breach. f. Compliance with State, Local and Federal Laws - Society agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees o The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Society shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability except employment actions based on a bona fide occupational qualification. '10. TERMINATION; This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Society is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP COUNTY HISTORICAL MUSEUM SOCIETY Date: By: Date: CITY OF BREMERTON By: LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A SCOPE OF SERVICES Society will provide the following services: 1. Display artifacts in a manner appropriate for a quality museum. 2. Museum will be open and accessible to the public throughout the year for as many hours as are possible. 3. Promote the museum with the Bremerton Area Chamber of Commerce, Kitsap Peninsula Visitor & Convention Bureau and other museums to promote downtown activities through the printing and distribution of newsletters, brochures and rack cards. 4. Locate new revenue and funding sources. 5. Submit quarterly reports to the City Council advising progress and performance of the foregoing. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Reappointment of Bill Robinson to the Planning Commission FOR AGENDA OF: March 1R: lqQR ORIGINATING DEPT: Executive ORIGINATOR: Mayor HortQ~ DATE SUBMITTED: March 12, 199~ 2. CLEARANCES: (comment on back if necessary) 3. ~: Application for Appointment ENDORSEMENT __~ I~RMATION __ APPROVED BY COUNCIL P~~~TTAL: MAYOR ~ ~. COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIb ACTION: The term of Bill Robinson on the Planning Commission will expire April 1, 1998. It it recommended he be re-appointed to another term. 8. RECOMMENDATION: Motion to confirm the re-appointment of Bill Robinson to the Planning Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DAT] 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EOUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: CITY OF BREIVIERTON - APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: ~- Z~-~ NAME: ~, t! ~ ~"-~o~t.,,,j 5.~,,.,./ PHONE: 577-75¥~" (H) HOME ADDRESS: ,,~[,.~ ~r~'~-~,/ :~-r- (W) OCCUPATION: ~ E')"r~E~ ~_~,~/.,~EE E.. EDUCATION: ~5~E (..P,u,o)Cuy~ ~l'~,d PROFESSIONAL/COMMUNITY ACTIVITIES: ~)~ ~)uJ ~ ~ ~--~.~.~..~<, LOCAL REFERENCES (name & phone number): 7qz- ?3.1s ? lAM {) () () () () () () () INTERESTED IN SERVING ON (please check Disability Action Committee Civil Service Commission(18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Youth Council Safe Streets Steering Committee Citizen's Commission on Council Salaries one or more): Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Mayor's Select Committee on Law Enforcement Is this an application for reappointment7 If yes, how many years have you served on this commission/committee7 PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Signature Applications be reviewed periodically to determine continued availability. information may be put on back. //-7 / Additional pertinent AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Agreement Electronic Monitoring FOR AGENDA OF: March 18. 1998 ORIGINATING DEPT: Police/Admin Svcs ORIGINATOR: DuFresne/McClusksy DATE SUBMITTED: March 2~ 1995 2. ~: (comment on back 3. ~: if necessary) Attorney ~,~/~.~, .~~ Contract Police Chief Admin. Svcs. Dir. ~~' '~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The city intends to increase its use of home monitoring both in response to the over crowding of the county jail and as an alternative to the high cost of incarceration. Electronic home detention is a process that allows for confinement of defendants in their homes for a specific period of time, in lieu of jail, or as an enhancement to community supervision and monitors their activity on a prescribed schedule. The court estimates approximately 15-20 defendants per month may be eligible for home detention. The contract with the Washington Association of Sheriffs and Police Chiefs provides for a cost of $5.75 per client per day for radio frequency only and $8.75 per client per day for RF and breath. This price includes equipment, maintenance, training, one way shipping, and monitoring services. The city will be hiring a part-time temporary employee to review applications for home monitoring, make recommendations to the Court regarding eligibility, meet with the defendant to install the home monitoring bracelet, monitor compliance reports and follow up with the defendant and court as necessary. 8. RECOMMENDATION: Motion to approve agreement with WASPC for electronic monitoring devices and monitoring. RESPONSIBLE OFFICIAL: Executiv$ ENFORCEMENT OFFICIAL: Chief DuFres~$ EXPIRATION DATE: open REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (Qont · ): 4. SUMMARY STATEMENT (cont,): IMPACT ON NON-PASSAGE: Jail costs $55.00/day Home monitoring $ 5.75 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EOUIPMENT OR OT~RR RESOURCES 7. RESEARCH SOURCES: ]an - JaBe lg~7 WflSPC ELECTROfllC HOlglTORIflG ~ fl~EHCtr STIITISTICS ADAMS COUN'rf 01/01/97 06r~0~7 25 410 2.3 2i 35 16,.4 ADAMS COUNTY JUVENILE 0`1~'1/97 06/30/97 '11 44.5 2.5 8 '18¶ 40.8! BA'I-FLE GROUND MUNICIPAl. COURT 05/14/97 06/30/97 8 69 1.4 ¶ 28 8.61 BELLEVUE PROBATION SERVICES 03/11/97 06/90/97 33 685 6.1 I 62 20.8 BENTON COUNTY 01/01/97 06rj0/97 138 3707 20.5 t 181 26.9 BLACK DIAMOND MUNICIPAL COURT 05/21/97 06/30/97 I 41 1 41 41 41.0! CENTRALIA MUNICIPAL COURT 01/01/97 06/30/97 38 1278 7.1 2 104 33.8i CHEHAUS MUNICIPAL COURT 01/21/97 06/30/97 16 300 '1.9 4 72 18J CHELAN COUNTY 01/01/97 06FJ0/97 63 22t3 '12.2! 2 18'1 35.1 CI-IELAN POLICE DEPT 01/29/97 06/30/97 2 119 0.81 6 113 59.5 FRANKLIN COUNTY 01/01/97 04T24/97 4 108 0.9! 16 31 27.0 GRANT COUNTY 01/0t/97 06/30/97 17 784 4.31 10 181 46.1 ISSAQUAH POLICE DEPT 05/27/97 06/30/97 2 8 0.2 4 41 4.0 KENT CORRECTIONS 01/0t/97 0~/30~7 52 2041 1t.3i 5 138; 39.3 KIRKLANO POLICE DEPT 03/10/97 06/30/97 17 470 4.2! 4 71 ! 27.8 KITSAP COUNTY 01/01/97 06rj0/97 29 1297 7 4! 91i 43.7 KITSAP COUNTY JUVENILE 01/01/97 06/30/97 37 363 2 4! 30 9.8 KITTITAS COUNTY 01/01/97 06/30/97 45 1439 8 11 181 32.0 KUCKITAT DISTRICT COURT 011t0/97 06/18/97 8 218 1.4 8; 46 27.3 KLICKITAT COUNTY JUVENILE 01/01/97 06/30/97 14 251 1.5 4; 39 17.9 UNCOLN COUNTY JUVENILE PROB 02/12/97 0~/20/97 8 82 0.6 5i 19 t0.3 MASON COUNTY PROBATION SVCS 01/01/97 0~/30/97 ~5 1931 '10.7 11 110 29.7 MERCER ISLAND POLICE DEPT 01/25/97 0Er30/97 4 123 0.8' 71 57 30.8 MONTESANO POLICE DEPT 01/06/97 03/t2/97 2 14 0.2 31 11 7°0 MOUNTLAKE TERRACE POLICE DEPT 03/03/97 06/27/97 12 135 1.2 7! 16 11.3 OAK HARBOR POLICE DF_PT 02/19/97 06/30/97 7 288 2.2 15~ 111 41.1 OCEAN SHORES POLICE DEPT 01/01/97 06/30/97 7 270 1.5 21 154 38.8 OKANOGAN COUNTY 01/01/97 06/30/97 27 610 3.4 3 100 22,.6 PACIFIC COUNTY 01/01/97 06/30/97 7 t58 0.9 2 81 22.6 PEND OREILLE COUNTY 0t/01/97 06/30/97 8 378 2.1 16 163 47.3 PORT ANGELES POLICE DEPT 05/07/97 06/06/97 I 31 I 31 31 3t.0 PORT ORCHARD POLICE OEPT 01/01/97 06/30/97 5 206 1.1 2 92 41.2 PUYALLUP POLICE DEPT 01/01/97 06/90/97 39 1106 6.1 3 109 28.4 RAYMOND POLICE DEPT 01/06/97 03/10/97 3 32 0.5 4 16 10.7 REDMOND POLICE DEPT 03/24/97 05/16/97 3 45 0.8 8 29 15.0 RENTON POUCE OEPT 01/01/97 06/30/97 206 6390 35.3 I 178 31.0 SAN JUAN COUNTY JUVENILE 03/t0/97 06/11/97 3 36 0.4 11 14 12.0 SHELTON MUNICIPAL COURT 0t/01/97 06/30/97 54 t536 8.5 I 127 28.4 SKAGIT COUNTY 01/01/97 06/30/97 56 1926 10.6 1 126 34.4 SKAMANIA COUNTY JUVENILE 06/03/97 06/30/97 2 24 0.9 9 15 12.0 SOUTH BEND POLICE DEPT 01/03/97 05/07/97 3 67 0.5 11 28 22.3 UNION GAP PROBATION SVCS 01/01/97! 06/30/97 49 1050 5,8 1 99 21.4 WAHKIAKUM COUNTY 03/18/97 06/30F37 4 91 0.9 7 43 22.8 WESTPORT MUNICIPAL COURT 05/21/97! 06/28/97 2 50 1.3 11 39 25.0 WHATCOM COUNTY 01/01/97 06/30/97 51 1890 10.4 6 118 37.1 YAKIMA PROBATION SERVICES 01/22/97 06/30/97 107 2073 13 4 113 19.4 DOC - EPHRATA 01/28/97 06t30/97 3! 162 1.1 6 135 54.0 DOC - KENNEWtCK 02/11/97 05/28/97 2! 49 0.5 21 28 24.5 DOC- LYNNWOOD 01/01/97 06/30/97 61 289 1.6 7 95 48.; DOC - PASCO 02/12/97 06/30/97 3 148 1.1 31 68 49.3 DOC - RENTON MIST UNIT 01/o1/97 01/o9/97 I 9 I 9 9 9.0 DOC - RENTON 0t/09/97 02/03/97 I 26 I 26 26 2~.0 DOC - SPOKANE DAY REPORTING 01/01/97 06/'30/97 S; 125 0.7 3 36 20,8 DOC - TACOMA 01/01/97 06/30/97 14 665 3.7 I 181 47.5 DOC - WALLA WALLA 01/27/97 06/30/97 5 223 1.4 7 155 44.6 DOC - WENATCHEE 02/11/97 06/30/97 4 69 0.5 tl 25 17.3 DOC - YAKIMA 01/01/97 06/30/97 2 37 0.2 15 22 18.5 DOC - YAKIMA DRUG UNIT 01/01/97 06/30/97 3 125 1.2 15 60 41.7 JRA - COWLITZ 0t/01/97 05112/97 5 135 1 8 64 27.0 JRA - KING 01/01/97 06/30/97 14 283 t.6 2 42 20.2 JRA - SNOHOMISH 03/26/97 06/30/97 6 61 0.6 5 15 10.2 JRA - SPOKANE 01/01/97 0~'o/30/97 37 646 3.6 4 36 17.5 JRA - TACOMA 01/01/97 06f30/97 8 t64 0.9 5 32 20.5 JRA - THURSTON 01/O1/97 06/27/97 5 t06 0.6 9 35 21.2 JRA - VANCOUVER 01/08/97 06113/97 7 205 t.3 22 44 29.3 JRA - YAKIMA 06/09/97 06130/97 2 20, 0.9 5 15 10.0 CORRECTIONAL OPTIONS SERVICES A ~ivi~ic~r7 c~c Washington Association of SHERIFFS AND POLICE CHIEFS WHY YOU SHOULD CONSIDER ELECTRONIC MONITORING Are you concerned aborn the rising costs of incarceration? Electronic Monitoring is a proven program that reduces jail costs. Electronic Monitoring can be used to provide enhanced community supervision. Electronic Monitoring is a potential source of revenue. WASPC currently provides services, via inter-agency agreements, to over 75 municipalities throughout the state of Washington. They include: City O Mtmicipal Corms County ~ District Courts Adult Probation ~ Department of Corrections Jmtenile Probation ~ DSHS Juvenile Rehabilitation Administration EXAMPLE OF SAVINGS · 1995 AVERAGE DAILY HOUSING RATE FOR COUNTY JAILS NUMBER OF ELECTRONIC MONITORING SUPERVISION DAYS PARTICIPANT COST $12.00 X 6037 COUNTY COST TO WASPC $ 5.75 X 6037 NET INCOME AVOIDED JAIL COST $48.51 X 6037 NET COUNTY SAVINGS · 1995 AVERAGE DAILY HOUSING RATE FOR CITY JAILS NUMBER OF ELECTRONIC MONITORING SUPERVISION DAYS PARTICIPANT COST $12.00 X 9297 CITY COST TO WASPC $5.75 X 9297 $53,457.75 NET INCOME AVOIDED JAIL COST $43.57 X 9297 $48.51 6037 $72,444.00 $34,712.75 $37,731.25 $292,854.87 $330,586.12 $43.57 9297 $111,564.00 $58,106.25 $405,070.29 Average Daily Housing Rate for county and city Jails' 1995 SURVEY OF JAILS IN WASHINGTON, By Yakima County Department of Corrections, November 30, 1995. Number of Supervision Days for County example based on actual superx/sion days for Benton County Jail, January - December 1996 Number of Supervision Days for City example based on actual supervision days for City of Renton EHD, January - December 1996 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS ELECTRONIC MONITORING AGREEMENT THIS AGREEMENT, hereinafter referred to as "Agreement" dated, March 2, 1998 is made between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS hereinafter referred to as "WASPC" with its principal place of business located at 2629 12t~ Court SW, Olympia, WA 98504, and the BREMERTON POLICE DEPARTMENT hereinafter referred to as "The City", with its principal place of business located at 239 Fourth Street, Bremerton, WA 98337. WITNESSETH WHEREAS, The City desires to have certain services performed as hereinafter set forth requiring specialized nkills, equipmem and other supportive capabilities; and WHEREAS, WASPC represents that it possesses sufficient skills and necessary capabilities and equipment to perform the services set forth in this Agreement; NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances, contained herein, the parties hereto agree as follows: L SERVICES WASPC shall perform services and accomplish such tasks, including the furnishing of all materials and equipment necessary for full performance, as are identified and designated as WASPC responsibilities throughout this Agreement. H. TERM OF AGREEMENT, TERMINATION, DURATION, AND RENEWAL The term of this Agreement is for one year [unless terminated as provided herein] from the effective date of the Agreement. This Agreement may be terminated by either party upon written notification to the other party. Cessation of services and responsibility defined in this Agreement may not take place less than sixty [60] days from the receipt of notification except in the event of neglect of responsibility by either party. No termination may take place without the notification procedure. All notifications in respect to this Agreement shall be in writing and signed by a duly authorized representative of the party. Notification documents shall be sent by certified mail or delivered by messenger. Upon proper notification neither party shall be obligated to the other in any way outside those responsibilities defined in this Agreement. Notwithstanding, upon completion of WASPC services, The City shall return in a timely manner all pwperty due to WASPC. WASPC is entitled to full payment for services rendered and accepted by The City whether during the term of this Agreement or thereafter. This Agreemem term, its conditions, and authorized amendments are renewed automatically for succeeding periods of one year each on the anniversary of its original effective date unless termination procedures are followed. HI. COMPENSATION AND METHOD OF PAYMENT Co~t The price of services shall include the cost of all services, equipment, maintenance, training, one way shipping, etc., necessary for electronic monitoring on a per-client, per-day basis. The City agrees to pay WASPC $5.75, [RF Only] and/or $8.75 [RF and Breath] for each monitoring conducted for any day or part of a day during the interval proceeding the submission of the statement of charges. The City agrees t~ WASPC the sum of $150.00 each month for each Dri~BI trait provided. The City agrees Co p4y WASPC an RF Inventory cost of $3.85. Inventory ~ost/is based upon any agency who has in their possession a c~htity of RF Units not in service, greater than neces~ for l~Inely operation. The quantity of shelf units allowable wit~f~t cost will be determined based on program size and rc~ta/n the Final decision of WASPC. Ail prices include applicable tax. WASPC reserves the right to adjust these rates during the contract period if necessary.. In the event a price adjustment is necessary WASPC will provide The City with written notification of adjustment thirty [30] days prior to any adjustment. Submission of Statement WASPC will at monthly intervals, submit a statement of charges encompassing each client as designated by The City. Payment for Service Upon receipt of the statement for services The City will have ten [10] days to reconcile the statement and dispute any differences. Payment by The City shall be made no later than thirty [30] days from the receipt of the statement for services. Agreement. The waiver by WASPC of any breach by The City of any term covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. IX. MONTIORING SERVICES IV. LOSS OF OR DAMAGE TO EQUIPMENT The City shall assume all risk of loss of or damage to the equipment from any cause whatsoever from and after the date of delivery. Deliberate damage to or theft of monitoring equipment will be reported to local law enforcement for investigation. The cost of replacement or repair will be at the prevailing rote In the event the equipment is lost or stolen The City will have 15 days to locate and return the equipment before a billing takes place. V. INDEMNIFICATION To the extent permitted by law, [a] WASPC shall protect, defend, indemnify, and save harmless The City, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of WASPC, its officers, employees and agents in performing this Agreement. Ih] The City shall protect, defend, indemnify, and save harmless WASPC, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of The City, its officers, employees and agents in performing this Agreemem. WASPC will provide monitoring services with respect to individuals ["Participants"] The City selects to participate in the Electronic Monitoring Program. Monitoring Services shall include: [al continuous radio frequency [RF] home detection monitoring consisting of a radio transmitter attached to the Participant and a receiver which is monitored through the Participant's phone line. The system reports when the receiving unit is no longer receiving a signal from the transmitting device. [bi Using equipment located in the monitoring center, the VisiTel visual telephone and a Breath Alcohol Testing trait [BAT] in the Participant's residence and attached to Participant's phone line provides remote breath testing of participant alcohol level. While seated in from of the VisiTel visual phone, the Participant must breath into the remote BAT. The picture, while testing, along with eleaxonic readout of his/her breath alcohol level, is transmitted to the monitoring center. Each Participant is tested as often as four times each day. All activity will be reported according to instructions to be provided by The City. lc] WASPC shall conduct training and provide consultation in the operation of electronic monitoring devices used by W ASPC. [dj When required by Subpoena or Court Order, WASPC will make available a qualified person to give expert testimony and provide physical evidence. DATED: VI. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by the laws of the State of Washington. SIGNED: 3kuthorized Representative VH. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is held by the Courts to be illegal, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. VIH. ENTIRE AGREEMENT; WAIVER SIGNED: DATED: Authorized Representative Approved As To Form This Agreement, together with attachments hereto, and other documents or instruments executed by WASPC and The City in connection herewith, shall constitute the entire agreement between the parties. This Agreement shall not be modified, amended, altered or changed except with written consent of The City and WASPC. Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the SIGNED: Larry V. Erickson, Executive Director Washington Association of Sheriffs and Police Chiefs Tim Schellber~ Attorney at Law Approved As To Form VASHINGTON ASSOCIATION C ~$HERIFFS AND POLICE CHIEFS ELECTRONIC MONITORING PROGRAM Home detention electronic monitoring is def'med as "a process that allows confinement of adults and juveniles in their homes for specific periods of time, in lieu of jail or detention, or as an enhancement to community supervision, and monitors their activity on a prescribed schedule". The Washington Association of Sheriffs and Police Chiefs [WASPC] is the leading provider of Electronic Monitoring equipment and services to correctional facilities throughout the State of Washington. Through our network of program participants WASPC now provides services, via inter-agency agreements, to over. Fifty sites within Washin~on. KX,ICKITAT iff.,lC~rrAT WASPC's program, established in 1991, was designed to offer state-of-the-art equipment and services tc allsegments of the criminal justice system both adultand Juvenile. wASPC offers servicez on a by-th~ · day basis, which me~ns contracted agencies are not required to purchase ectuipm6nt in order to obt_nlr service. This'Strategy allows the ability to acquire the latest in technology in the rapidly expandin~ ant ever changing electronics field. This approach also provides smaller agencies accel___ and ability t~ implement their oTM electronic monitoring programs, which would otherwise be unattnlnable due t< progrn_ m size, staff'mg limitations, .budget restrictions and ~rnnHer acceptable offender populations; WAS1N~ is commt(~d to providln~ our clients with.equipment and-servi'ees d~tgned on an lndividua bases and are confident we can provide your agency with a -nlque 'comhftttaflQg ~f resom'ces, e~perlello and commitment n~ to develop, maintain, and/or expand your eleetxonic monitoring progrg__m. Additionally, WASPC will make available, the services of our Electronic Monitoring Coordinator an, support staff, located in Olympia. WASPC staff.are charged with ov~ day-to-day operations an, providln~ program support to all contracted agencies statewide..WASPC will provide on-site ~ in*house inventory control, any necessary eqnipment main~ee, technical support, and ongoln assistance to your program in whatever capacity necessary. -1- WASHINGTON ASSOCIATION C SHERIFFS AND POLICE CHIEF~ ELECTRONIC MONITORING PROGRA_~ RADIO FREQUF_aNCY [RF] ACTIVE SYSTEM - $5.75 PER DAY BI Home Escort 9000 Series: This system is the fastest and easiest system to install available in th~ electronic monitoring industry. The design, while easy to use, is highly sophi~icated in terms of the fielC unit's ability to .detect participant's movements out of range of the field monitoring device [FMD]. tampering attempts made on the field equipment, compliance with curfew schedules, phone and poweI failures, and battery backup features. The sleek, contoured case with hidden internal antennas provides greater security with easier handling, storage and installation. Accurate t__nmpp, l' repo~!og delivers unparalled, telephone, power and unit tamper protections. Each receiver is equipped with a rechargeable battery back-up power supplyfor use in the event of powe~ failure. The 'BI' equipment is designed to operate with standard touch-tone or rotary dial telephoto service. Ail fidd equipment is sealed. For program participants reluctant to surrender their phone line, the BI 9000 FMD features a progresdw nnnoynnce tone, both on-line and over a speaker, that effectively prompts surrender; enablin~ complet( event reporting to the host computer~ The Home Escort 9000 Series is absent of false positive and/or negative transmission signals. The systen '. is specially~lesigned to eliminate the detection and reporting.by.the-FMD of. spuriousxadio trnn.~nl-~ons This is accomplished with a sop.hist!~'cated and proprietary encoding and encryption scheme of th~ tr~_n~ttter's, signal to the FMD.' - ~:- The 9010 Tranzmitte~. The transmi~ is designed and engineered to deliver multMevel tnrnpe protection that virtually d!~ninates undetected removal, Any tamper ar.removal, aflempts outside of th~ FMD range are recorded and stored for up to 72 hours. As soon as the transmi~ is back within ~ range the tamper is reported to the host computer. The sllrn, lightweight design is more comfortable and less nnrlo~l~ to the wearer, decreasing th incidence of tampers caused by clients fidd_llng. The 3.8 ounce weight includes the durable security stra! with reference numbers and cut-line si~inE features for faster, trouble free installation. The 9010 transmitter is waterproof to depths in excess of. 15 feet.. The a~e strap-and transrnltter cas are made of hypoallergenie materials. The one year, field-replaceable battery reduces maintenance while enhancing security. In addition, low battery signal ellminntes potential ~'ul'ity and mntntelaallee problems associated With unannounee battery rundown. Each BI 9000 comes with a preprogrammed transmitter matched to the FMI). Although, every BI 901 transmlRer has a unique ID nnmber tb~t is easily matched to any BI 9000 FMD vl~ the host eompute~ NASHINGTON ASSOCIATION ( SHERIFFS AND POLICE CHIE~ ELECTRONIC MONITORING PROGRAI~ MOBIL MONITORING UNIT - $150.00 PER UNIT, PER MONTH [OPTIONAL] BI 9020 Drive-BI System: The Drive-BI monitor detects the signal of the transmitter and can therefor~ be .u.~ed to verify the offenders's presence at any location. The 9020 can detect the transmitter signal fo~ an extended range to 500' increasing convenience and security. This single monitor is versatile enougl to effectively read and store transmissions from multiple classes of BI Transmitters. User efficiency and record keeping are improved with the 9020's ability to store up to 250 transmitte~ events with detailed information including transmission date/time, transmitter class, battery status am t~mper status. This information is all easily down-loaded to a PC, making case data management mor~ convenient accurate. From within or outside of an automobile, the Drive.BI is easy to use. The back-lit LCD display dearl.~ illuminates data'in low. light'conditions -Plus, and audible tone.can be-activated to indicate when th, tr~__n.nmltter's siglaal has been received or to highlight when keypad entries have been m~de. The Drive-BI is. powered.through its internal, eight-hour battery [minimum when fully charged], wal transformer or cigarette lighter adapter.' Recharging is automatic when plugged into any one or it external power sources. INTEGRATED SYSTEM [RF AND BRIZ.&TH ~HOL] - $8.75 PER DAY WASPC provides contracted agencies with the most effective integrated system available in the marke today by ~omhlnlnoo the.active RF..technology.of-the-BI-Home Escort system_ with.the remote.breatl alcohol monitoring capabilities of th.e Mitsubishi V'~'Tel. l~Tgm~bi~i-Breath Alcolml.Monit0rlng.[BATl An inval~_~_n_ble-ingredient in the electronic.monitorin progrn_ m operated by WASPC is the BAT system. Using equipment located in the monitoring centex ' personn61inltiate a comp~ call to the offender's residence dutdng ctu-few hours. The. offender 4 then required to be. seated in front-of'the .Visf~el visual.telephone and p _ress__ the "send" button whit' relays his/her'plcture to the comPuter/receiver'at the'monitoring 'center. The Visual hnage provide positive proof' that the client is .home. The VisiTel unit'is coupled with a Breath Alcohol Testing unit in the offender's home in order to provid remote breath testing of offender breath alcohol level. While.seated in front of the VisiTel vi~_~! phone, the offender must now:brcathe.into the remote BA ~mit. The picture, while testing, along with the deetronic readout 'of his'breath alcohol level, transmitter to the monitoring centex. The picture, inciudln~o BAT results, is aate time _ mped and ~e for future, use. Each client is tested as often as four times each. day. WASHINGTON ASSOCIATION C' SHERIFFS AND POLICE CHIEF~ ELECTgONIC MONITORING PROGRAM OBTAINING EQUIPMF~NT WASPC maintains extensive inventories of equipment and supplies in our Olympia office. Equipment can be shipped "same day" via united parcel, with overnight service available in an emergency. One of the key attributes of WASPC program is that pricing is structured on a per-unit, per-day, basis, without charges for shelved units. With. this in mind, WASPC acts as the central repository for it's statewide program and must monitor and restrict the n-tuber of units within the state to an acceptable quantity to ensure adequate acce~bility and limit the number of units in-state which are not in use. WASPC may charge a shelf cost ff the number of units not in use exceeds 20% of individoa! inventory. MONIlX)RING SERVICES Recently, WASPC endured and extensive RFP process and in-depth evaluation of equipment and services available nationally. As a.result, WASPC has contracted with Sentinel Monitoring, of Gardens California. Sentinel has also been commltt~d to the provision of electronic monitoring services, since 1991. Sentinel Monitoring has brought WASPC's program the additional commitment and experiences necessary, tc monitor program participants 24 hours, seven days per week. The UL approved Monitoring Center t, the only one of it's kind, with fully redundant computer _h~rdware and proprietary software, redundan~ ~T-1..-telephone access networks,-.redundant battery anti,generator, emergency power.supplies,'andhigk security access. Monitoring center. ~ undergo continuous training in the application of the variou: .technologlis employed by WASPC; and th~ear daily activity is dedicated .solely to.the monitoring ol programs participants. ~ Today, the .Gardena facility monitors over 3400 clients for more-than 10( WASPC will 'design the monitoring program in conjunction with your" needs. Each element of th~ procedure'is independently variable at your description. WASPC and/or Sentinel staff are prepared to respond to violations in accordance with your requirements Violations are received by the monitoring center within seconds .of tra_n.~mi.~sion by. th. home monitoring unit [FMD]. Response by monitoring center personnel is immediate, as violations are prioritized by th software and dispatched to an operator Instantly, as received. Operators verify any violations by contacting the residence, as required. The response noted in the action log provided by the monitoring software for reP.O, rt on the foHowtn day's print out. All telephone correspondence within the monitoring center is recorded on a Dictapho~ WASHINGTON ASSOCIATION Or' SHERIFFS AND POLICE CHIEFS ELEC'~-.<ONIC MONITORING PROGRAM continuous recording system and retained for 90 days. There are three reporting levels to designate supervision intensity,~ unresolved violations may be reported as follows: Condition Notification Level 1 Level 2 Level 3 Transmitter Tsmper A A B Receiver Tamper A A B Monitor Discount A B B Late Return A B B Early' Lcave A B B Unscheduled Leave A~ B B Response A - Response B - Immediate notification via phone or page, followed by daily activity report before 8:00 a:m., next day. Daily Activity Reports faxed next day. Thin matrix may be redef'med by your agency as needed, and all response criteria is approved before program implementation. In order to facilRate the immediate notification of your officers in the event of client violations, WASPC will provide'80 character alpha-fium~ic digital pager[s]. Pricing for pagers will depend on progra_ m ~ and average daily pOpulation, not to exceed $~.00 per unit, per month. These pagers, provided by MobileMedia Communications can be programmed to provide: [] Cl C~ [] Client Name Client ID N-tuber or Phone Number Violation Violation Time Paging Operators initials This.type of one-way, paging has proven to be highly effective in that all the.information that the.office~ requires is sent within seconds of the violation time, 'and no return C/~ll-'to..the monitoring center -5- WASHINGTON ASSOCIATION 0~'' qHERIFFS AND POLICE CHIEFS · ELEC%.<ONIC MONITORING PROGRAM The daily report that you will receive from Sentinel can be custom designed 'to accommodate your requirements. Client Activity Report will also be custom designed in accordance with Department requirements. Basically, reports are printed by offender, within agency case load, and are divided into two types: ALI. ACTIVITY [Currently used by all WASPC sites] Such reports contain every item of activity generated by a given unit in any time period. Generally, the previous 24 hours. They include check-in-calls, normal enter/leave messages, no,mai breath alcohol tests, etc., and all violations. EK~ON ONLY Such reports contain only violation information, as defined by the Department. They may include only tampers, late returns; on?~laeduled leaves and breath alcohol results in excess of .025. ~. The Incident '.Summary Report is designed to focus the attention of your officers to specifically thos~ clients who.had activity on the previous day that was not within program guidelines. You will choose the inddents to report, but characteristically such incidents as failure to return for curfew hours, leavin~ during curfew, and transmitter or receiver tampers might be considered as the types of violations thai require immediate attention. This report will separate these ~olations by client, and show officers at ~ glance-which' offenders .'have failed tocomply. This will.ellminate the need..to review, evegy.cllent~ ever} day, looking for violations. AGENDA BILL BREMERTON CITY COUNCIL SU~ECT: Budget Adjustment request for staffing Clerk's Office FOR AGENDA OF: March 18. 1998 ,~ ORIGINATING DEPT: Admin. services/U)/ ORIGINATOR: Paula Johnston/~ DATE SUBMITTED: March 13, 1998v~~ ¥ 2. ~: (comment on back if necessary) Admin Services isoal/Bud et Operations ENDORSEMENT X INFORMATION 1) Organizational Chart 2) Budget Adjustment APPROVED BY COUNCIL P~I_DEN~FOR SUBMITTAL: COUNCIL PRESIDENT SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The Tax & License Division of the Clerk's office has an Office Assistant I position that was recently vacated. In order to better serve the public at the main counter of City Hall we would like to reclassify this position to an Accounting Assistant I so that all cashiering services can be offered at this station. This can be accomplished with current budget appropriation. The Civil Service Officer has reviewed the proposed duties of this position and determined that Accounting Assistant I is the most appropriate. RECOMMENDATION: Motion to approve Budget Adjustment # ~--~ reclassifying Office Assistant I to Accounting Assistant I in the Tax & License Division. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: e CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Cross training with cashier duties will not be accomplished at the front counter of City Hall. e IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EOUIPM~NT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: CITY OF BREMERTON ADMINISTRATIVE SERVICES SERVICES MANAOER ASSlS'rAIcr TI~-AStUU~R I [ mmOET SPECIAUlST PAYROLL SPEC. SUPPORT LEO, TE-CH. LEO. TECH I ('F'd~D ~0~) LEO. TECH I CITY OF BREMERTON - Requesting Department: BUDGET ADJUSTMENT REQUEST Administrative Services Adjustment Number: 98-4 IApproval Authority Required: N Treasurer SOURCE OF FUNDS: Descriotion Delete: Office Asst. I Position N Mayor F Amount Fiscal & Bud~let USE OF FUNDS: Description Add: Accounting Asst. I Position ~-~Council Amount NARRATIVE: This adjustment will provide for the reclassification of one position in Administrative Services from Office Asst. I to Accounting Asst. I. The adjustment will be funded from current appropriations. Department Head Signature Treasurer Comments: Date Director Si~lnature Date .~ecommended r~ Mayor Comments: Not Recommended Treasurer's Signature ['~ Recommended Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Si~lnature Date r-~ Approved ~ Denied Fiscal & Budget Committee Signature Date BREMERTON CITY COUNCIL AGENDA BILL 1. SUBJECT: Contract 3601 Addendum: Kitsap Community Resources ORIGINATING DEPARTMENT: Adm. Srvc. FOR AGENDA OF: 03118/98 ORIGINATOR: Paula Johnstorl DATE SUBMITTED: 03/12/98 2. CLEARANCES Administrative City Attorney ~_..,)/. Council Fiscal & Budget~ Council Operations ENDORSEMENT '~ INFORMATION MAYO R'E~-~ :~. 3. EXHIBITS Addendum Contract APPROVED BY_COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1995, the City entered into a contract with Kitsap Community Resources (KCR) wherein KCR agreed to manage the City of Bremerton Community Service Work Program. The program provides that defendants convicted in Bremerton Municipal Court are directed to the Community Service work program to perform a specific number of hours of labor for the City in lieu of jail or fines. This addendum renews the Agreement with KCR for an additional 1 year term and amends the scope to include weed abatement services coordinated through the Department of Community Development. 8. RECOMMENDATION: That City Council approve the contract addendum with Kitsap Community Resources. 9. RESPONSIBLE OFFICIAL: Admin Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: 12/31/98 REVIEW DATE: 11/01/98 10. NOTICE OF ACTION PULLED,. TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: -055 2. CLEARANCE COMMENT~;: 5. IMPACT OF NON-PAS~;AGE: Loss of Community Service Worker program 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE,~: Budgeted 7. RESEARCH SOURCES: ADDENDUM TO CONTRACT 3601 WHEREAS, the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and KITSAP COMMUNITY ACTION PROGRAM, a duly organized corporation, (hereinafter referred to as "KCAP") hereto entered into a Contract, dated January 1, 1995, as amended January 1997, and, WHEREAS, the parties desire to eXtend the Contract for an additional one (1) year term, NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follow: That the name of Kitsap Community Action Program has been changed and shall be hereafter known as KITSAP COMMUNITY RESOURCES and hereinafter referred to as "KCR". II. The term of the Agreement executed by the parties hereto on January 1, 1995 shall be extended from January 1, 1998 through December 31, 1998. III. That City shall pay KCR Twelve Thousand and no/100 dollars ($12,000.00) for services. Payment shall be made in twelve equal monthly installments of One Thousand and no/100 dollars ($1,000.00), beginning in January 1998. In addition, the City will pay to KCR the sum of One Thousand Dollars ($1 i000.00) for the purchase of auto liability insurance required in Section IV of this Agreement. ~ ,,-7~;::. ~),~-- .~-.A,-'~, o'= ,--,-,,- ~ -vi,,,., ...... t~ suppli~T ~"¢'I~-- -- IV. That Insurance and Hold Harmless requirements are amended to include: KCR shall provide the Risk Manager of the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of automotive liability coverage in the amount of $1,000.000.00, naming the City of Bremerton an additional insured. Further that KCR 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 claims or lawsuits for damages resulting from errors or omissions, or personal, bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of KCR, its subcontractors, agents, employees, volunteers, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. Va That the scope of work shall be amehded to include weed abatement services coordinated through the Department of Community Development.. VI. The CITY OF BREMERTON and the KITSAP COMMUNITY RESOURCES, agree to all provisions of the original Agreement which are not in conflict with this Addendum to Contract shall remain in full force and effect. CITY OF BREMERTON KITSAP COMMUNITY RESOURCES DATE: DATE: By: LYNN S. HORTON, Mayor By: PRESIDENT Attest: KATHLEEN L. McCLUSKEY, City Clerk Approved As T° Form City Attorney PROFESSIONAL SERVICES AGREEMENT Bremerton Community Service Program THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Kitsap Community Action Program, (hereinafter referred to as "KCAP"). WI TNE S SETH: 1. SCOPE: KCAP agrees to manage the City of Bremerton Community Service Work Program. Defendants convicted in Bremerton Municipal Court are directed to the Community Service Work Program to provide a specified number of hours of labor for the City in lieu of jail or fines. The Bremerton Municipal Court will provide KCAP with a form for each individual, which form shall include the defendant's name, start date and number of community service hours to be performed by the defendant. KCAP will supervise the defendants in the performance of community service work and provide a report to the court indicating whether a defendant has fulfilled his or her community service obligation. A monthly summary report indicating the number of individuals referred to KCAP, total hours of service performed, and number of "no shows" will be provided to the Bremerton Municipal Court on a monthly basis. 2. TERM: Contract shall commence on January 1, 1995 and will terminate December 31, 1995. 3. COMPENSATION: City shall pay KCAP the sum of Five Thousand Five Hundred Dollars ($5,500.00), in equal monthly installments, for the services provided hereunder. In addition to KCAP's fee, the City will provide, at no cost to KCAP, office space in Suite 208 (656 square feet) of the Fourth Street Building, together with utilities. No janitorial services will be provided. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that KCAP is an organization skiilled in matters pertaining to community service programs and will perform independent functions and responsibilities in the area of its particular field of expertise. KCAP and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, KCAP shall work under the direction of the Administrative Service Director. PROFESSIONAL SERVICES AGREEMENT -1- KCAP.PSA - Disk 11 - 2/21/95 5. INDUSTRIAL INSURANCE: KCAP agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: KCAP shall possess a current Bremerton Business License and any regulatory license required to fulfill its obligations under this Agreement. B & O taxes shall be paid when due and KCAP, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, KCAP 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, providing coverage of at least~ $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by KCAP under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. KCAP agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of ~ctions, claims or lawsuits for damages resulting from personal~6~ bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of KCAP, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - KCAP, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. KCAP will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that PROFESSIONAL SERVICES AGREEMENT -2- KCAP.PSA - Disk 11 - 2/21/95 there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the city to KCAP or by KCAP to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Diana Theroux Kitsap Community Action Program 245 Fourth Street Building Bremerton, WA. 98337 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - KCAP agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NO~DIBCRIMINATIO~: KCAP shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. ~0. TERMInATIOn: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which KCAP is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- KCAP.PSA - Disk 11 - 2/21/95 IN WITNESS WHEREOF the parties Agreement the date and year indicated. Date: hereto have executed this DEPARTMENTAL APPROVAL: KITSAP COMMUNITY ACTION PROGRAM CITY OF BREMERTON KAMEN McCLUSKEY, Administrative Services Director IAN R. SIEVERS, City Attorney PROFESSIONAL SERVICES AGREEMENT -4- K~AP.PSA - Disk 11 - 2/21/95 AGENDA BILL BREMERTON CITY COUNCIL BUDGET ADJUSTMENT for the LEGAL DEPARTMENT FOR AGENDA OF: March 18, 1998 ORIGINATING DEPT.: Legal /~ ~ ORIGINATOR: G. Maland~_ [[,_ DATE SUBMI'i-rED: March 2, 199~1 2. CLEARANCES Con~?t o~ ba.,c~ if necessary) Human Res. _/~/~_/~ ~ Fiscal & Bud. ~ Operations ENDORSEMENTS INFORMATION 3. EXHIBITS: Budget Adjustment Request 98-5 APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-rAL COUNCIL PRESIDENT ~~. ~~~, 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The administration and staff have determined that it is in the best interest of the City to increase the level of professional staff in the legal department. It is believed that increasing City staff in this area and relying less on outside counsel will provide better service to City departments, the Mayor and Council at a lower overall cost. 8. RECOMMENDATION: Motion to approve Budget Adjustment Request No. 98-5. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Attorney Mayor 12/31/98 N/A PULLED COUNCIL DIRECTIVE: TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: (~ 5 C~ 2. CLEARANCE COMMENTS: 5, IMPACT ON NON-PASSAGE: The Legal Department will continue to operate with the currently authorized staffing level. Limitations as to responsiveness of the City Attorney's office would continue, 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: As indicated in the attached budget adjustment request, 7. RESEARCH SOURCES: CITY OF BREMERTON Requesting Department: Legal BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-5 IApproval Authority Required: ~-~Treasurer SOURCE OF FUNDS: Description ~-"] Mayor ~'- Amount Decrease: Supplies & Services 21,250 Fiscal & Bud~let USE OF FUNDS: Descriotion ~']Council Amount Increase: Personnel Costs 21,250 Increase Asst. City Attorney II position to 1.0 FTE effective April 1, 1998. NARRATIVE: This adjustment authorizes the increase of an Assistant City Attorney II position from .5 FTE to 1.0 FTE effective April 1, 1998 and moves coresponding expenditure authority from professional services to personnel within the department's budget. Date Treasurer Comments: Director Si~inature Date [--"~Recommended ~ Mayor Comments: Not Recommended Treasurer's Si~lnature ~-_ D~te! [-~ Recommended ~'] Not Recommended ~ Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Si~lnature Date [~ Approved ~ Denied Fiscal & Budget Committee Signature Date PERSONNEL COST CALCULATION PROPOSED POSITION TITLE ASSISTANT CITY A~rORNEY II SALARY/HOURLY/RANGE RATE 3 BAND 9/2 HOURS OF WORK PER DAY AND PER WEE EFFECTIVE APRIL 1 FICA RATE PENSION RATE W.C. RATE L&I RATE MEDICAL DENTAL RATE STANDARD INSURANCE RATE CLEANING/CLOTHING ALLOWANCE DEFERRED COMP RATE INSURANCE PREMIUM CLEANING/CLOTHING 0.0765 0.0752 0.1100 1.5000 0 0.0000 0.0000 0.0400 0.00 0.00 HOURLY RATE/SALARY HOURS OR PAYPERIODS BASIC SALARY DEFERRED COMP F.I.CJ~. PENSION WORKERS COMP L&I MEDICAL/DENTAL INSURANCE PREMIUM CLEANING/CLOTHING TOTAL NUMBER OF POSITIONS TOTAL PERSONNEL DIFFERENCE 1034.715 17 17,59O 7O4 1,399 1,323 172 26 0 0 O21,213 21,213 IPENSlON .0750 PERS .0618 LEOFF I .0527 LEOFF II INORKERS COMPENSATION .11 WHITE COLLAR .40 FIREFIGHTERS .45 LAW ENFORCEMENT .60 OTHER MEDICAL/DENTAL 4422 NON-UNIFORMED 4926 UNIFORMED L&I ELECTED & MGMT $1.50 PER PAY PERIOD LEOFF I & EXEMPT 0 ALL OTHERS $.0187/HOUR STANDARD INSURANCE POLICE LEOFF II $10/MO FIRE LEOFF II $20/MO POLICE MANAGEMENT LEOFF II $12.50/MO CLEANING/CLOTHING ALLOWANCE CLOTHING ALLOWANCE $425/YR CLEANING $300 POLICE CLEANING $305 NON-UNIFORMED CLEANING $250 FIRE DEFERRED COMP MANAGEMENT 4% POLICE 2% FIRE $100/MO C:\123FILES\PERSCALC.WK4 03/02/98 04:15 PM AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING &ORDINANCE To amend the Official Zoning Map from "Forest Management~ to "SF-2" to correct a 1989 omission affecting a parcel near Gorst. FOR AGENDA OF: March 18, 1998 ORIGINATING DEPT: DCD/Planninq ORIGINATOR: Ron W. Hough DATE SUBMI'I-FED: March 5, 1998 2. CLEARANCE~S.' ~,se backif~ece/lssary) ,''~' "}~-- ~ ~.x~ 3. EXHIBITS: City Attorneyf ~/~L._~/,u-,~ ~'~ v' Staff Report (incl. Findings & Conclusions) I . ~ /~ v' Ordinance to amend the Zoning Map Dir. Comm. Dev. ,/ Planning Commission Minutes (Jan. 20) Fiscal & Budget Co~m~~ ~ Operations Com~~~ ENDORSEMENT_~ INF, O,E:MATION__ APPROVED BY COUNCIL PR~ENT.F~OR SUBMITTAL: 4. SUMMARY STATEMENT AND RECIUIREMENT FOR COUNCIL ACTION: In 1989, Puget Western, Inc. acquired a 20-acre parcel of City Utility surplus property in the Gorst area. The City Council approved a rezone from "Forest Management" to "Low Density Residential" to allow development of the property. However, the approved Rezone was never recorded on the City's Official Zoning Map, which continued to show it as "FM". This oversight was brought to our attention in late 1997 and staff initiated this Rezone to correct the Zoning Map to show the zoning that was approved in 1989. The Planning Commission reviewed this proposal and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the ordinance. RECOMMENDATION: City Council approval of the attached Ordinance on first reading. City Council passage of the Ordinance on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Judy Johnson 10. NOTICE OF ACTION: PULLED TABLED__ APPROVED__ COUNCIL DIRECTIVE: DISAPPROVED DATE: 11. AGENDA BILL NO: AMENDE 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Non-passage would have the following effects: 1. The zoning of the subject property will remain "Forest Management~. 2. A Iow-density residential development would not be permitted on the property. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, ECIUIPMENT OR OTHER RESOURCES- The proposed change should have little or no effect on City staff and budgets. 7. RESEARCH SOURCES: ¥? F][NDi2 G8 OF FACT CONCLUSIONS OF LAW of the Brernerton Planning Commission Zoning Map Correction Zoning Map Amendment: File PLN 8-1:ZMA98-0001 CPA-98:zma98-01.sr Staffed by: Ron W. Hough, Planning Manager --- DCD --- 286 Fourth Street, Bremerton WA 98337 INTRODUCTION In 1989, Puget Western was negotiating with the City of Bremerton for the acquisition of a 20-acre parcel of City Utility-owned surplus property on the south side of Highway 3 in the Gorst area. Part of the proposal was to zone the parcel for light industrial use. At the same time, an adjacent ten-acre parcel was being considered for annexation. Due to steep terrain, unstable soils, and other factors, the industrial zoning proposal was not well received. The City received strong opposition from the Kitsap County Board of Commissioners and from the Director of Kitsap County DCD. As a result, the City Planning Commission recommended that the property be zoned for Iow-density residential. The City Council agreed in November, 1989, and Puget Western acquired the property with "SF-2" zoning. The smaller 10-acre parcel was never annexed. The zoning action was considered part of a larger acquisition and annexation package and the annexation files were never completely closed. As a result, the Official Zoning Map was never updated, although the Rezone had been approved. No activity occurred on the Puget Western property for several years. In 1995, the City adopted its new GMA Comprehensive Plan and followed later with a revised Zoning Map that was consistent with the Plan. Neither the new Plan, nor the new Zoning Map included the SF-2 zoning that was approved for the subject property in 1989. The property continued to be viewed as City Utility land and zoned "Forest Management". Since 1989, the City of Bremerton has taken no action to change the zoning of this parcel back to "Forest Management". Apparently, an oversight occurred in 1989 when the Zoning Map was not immediately amended to show the new SF-2 zoning. Because of this oversight, City staff is recommending a "correction of error" action to correct the Zoning Map. A review of the related Comprehensive Plan designation has been docketed for review this spring as part of the City's annual Comp. Plan amendment process. RezoneZMA98-0001: Page 1 GENERAL DESCRIPTION A. LOCATION: The 20-acre parcel subject to this Zoning Map Correction is located in the Gorst area, immediately south of SR-3, as shown in the following map. A B The subject 20-acre parcel. Rezoned in 1989 to "SF-2". Ten-acre parcel proposed for annexation in 1989 but not annexed. GORST City Limits Rezone ZMA98-0001: Page 2 I I I ) B. APPLICANT: C. LAND: D. LAND USE: E. COMP. PLAN: F. SEPA: G. PROPOSAL: City of Bremerton -- Dept. of Community Development Ron W. Hough, Planning Manager 286 Fourth Street, Bremerton WA 98337 The site is hilly and steepest along the west side where Parish Creek passes through in a northerly direction. A BPA electric utility right-of-way crosses the property in a SSW to NNE direction. The property slopes toward the north and is relatively fiat at its highest elevation of 300 feet. The site was surplussed by the City and acquired by Puget Western. The only use of the property has been a meeting hall of approximately 2,000 sq.ft, which was rented to a nonprofit organization while in City ownership. The subject property was given the Comprehensive Plan designation "Residential, 0-7 units per acre" in 1989. That designation no longer exists. When the City adopted its new "GMA" Comprehensive Plan in 1995, the corresponding designation became "Low-density Residential (LDR)", which has a density range of 3 to 8 dwellings per acre. An environmental checklist was prepared in accordance with the SEPA requirements prior to the 1989 Plan and Zoning decisions. It was determined at that time that the proposals would have no significant adverse impacts. A Determination of Nonsignificance (DNS) was issued on Sept. 1, 1989. Since virtually no changes have occurred on the property since that time, and because this proposal is intended to re- establish the 1989 zoning, a new SEPA checklist and review were not necessary. Correct Bremerton's Official Zoning Map for the subject parcel from "Forest Management (FM)" to "Residential Low- density (SF-2)" to reflect the 1989 zoning approval. CRITERIA FOR APPROVAL The criteria for approval of Rezones is contained in the "Administration" section of Bremerton Municipal Code, chapter 21.02.920(d). The criteria was adequately met in 1989 when the "SF-2" zone was approved by the City Council. In correcting this Rezone ZMA98-0001:Page3 mapping error, it would be inappropriate to reconsider the Rezone criteria. This proposal is to correct the mapping error, not to reconsider the 1989 decision. CONCLUSIONS The Bremerton City Council approved "SF-2" Zoning for the subject property in 1989 but the Official Zoning Map was never amended to show that change. Puget Western, the present owner of the property, is planning a development consistent with the SF-2 zoning and was unaware that the Zoning Map had not been amended. Bo City staff initiated a "correction of errors" amendment to the Zoning Map when the error was discovered, at no charge to the property owner. Co Approval of this Zoning Map correction will re-establish the "SF-2" zoning that was originally approved for this property in 1989. A similar corrective amendment will be processed for the City's Comprehensive Plan later in the spring to designate the property "Low Density Residential (LDR)", which is consistent with the 1989 approval and with the "SF-2" zoning. RECOMMENDATION This amendment is a quasi-judicial Type III action which requires a recommendation from the Planning Commission following consideration at a public meeting (not a public hearing). The City Council will conduct a public hearing prior to its decision. The Commission considered this proposal at its January 20, 1998 meeting and, based on the findings and conclusions stated above, hereby recommends City Council approval of a correction to the Official Zoning Map for the subject parcel from "FM (Forest Management)" to "SF-2 (Residential, Low-density)", as shown on the map attached hereto as Exhibit "A". R~n W. Hough, Planning Manager Department of Community Development Secretary to the Planning Commission Bill Robinson, Chair Bremerton Planning Commission CPA-98:zma98-01.sr Rezone ZMA98-0001: Page 4 E hil, Proposed Zoning Mai:) Correction The shaded area is proposed to be changed from "Forest Management (FM)" to "Residential, Low-density (SF-2)". I I I I FM City SR-3 NORTH og g g !~ ~ Frone Ave. ~asant St Aide r FM City RU-lac. County LEGAL DESCRIPTION: That portion of the W 1/2 of the SW 1/4 of the SW 1/4 all in Section 32, Township 24 North, Range 1 East, W.M., lying south of the State Highway. Rezone ZMA98-0001: Page 5 ORDINANCE NO. AN ORDINANCE amending the Official Zoning Map of the City of Bremerton, Washington, for a single parcel south of Highway 3 near Gorst. WHEREAS, the Bremerton City Council, in November, 1989, approved a rezone to apply the "SF-2" zone to a twenty acre parcel of surplus utility property that was acquired from the City by Puget Western; and WHEREAS, the rezone documentation was inadvertently never completed, and the City's Official Zoning Map was not amended to reflect the 1989 rezoning action; and WHEREAS, City staff initiated a correction to the Official Zoning Map upon learning of this omission; and WHEREAS, the Bremerton Planning Commission, following its review at a public meeting on January 20, 1998, approved Findings of Fact and Conclusions of Law in support ora recommendation to approve this rezone to correct the identified omission, with the understanding that a related amendment will be made to the City's Comprehensive Plan later this spring; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to change the zoning from "Forest Management CFM)" to "Residential, Low-density (SF-2)" on the property described in attached Exhibit "A". APPROVED by the City Council on the first reading this day of March, 1998. PASSED by the Bremerton City Council this day of .,1998. DAVID FARR, President Bremerton City Council APPROVED this day of .,1998. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Published: Effective: CPA-98:zma98-01.ord LOCATION MAP The 20-acre parcel subject to this Zoning Map correction is located in the Gorst area, immediately south of SR-3. The property is within the City limits of Bremerton. -- GORST Sinclair Inlet ~ SR-3 I -- Unincorporated- Excepts from: Planning Commission Minutes Jan. 20, 1998 Zoning Map Correction - Puget Western Property Ron Hough presented staff report. Overhead map of the area was presented. In 2989, Puget Western acquired a 20-acre parcel of City Utility surplus property in the Gorst area, south of SR-3. The City Council changed the zoning from Forest Management (FM) to residential (SF-2) to allow development of that property. However, because the property was involved in a sale, a Comp. Plan amendment, a zoning amendment, and an annexation involving an adjacent property, the files remained active for some time and the Official Zoning Map was never amended to show the approved change. This oversight was brought to our attention in late 1997 and DCD staff initiated a correction to the Zoning Map to restore the SF-2 zoning that was approved in 1989. Recommends approval. Commissioner Stone questioned State Highway "14" on his map. Ron Hough stated it should be 3. Motion by Commissioner Stone and seconded by Commissioner Boyd to recommend City Council approval of a correction to the Official Zoning Map to restore "SF-2" zoning to the Puget Western property as approved by the City in 1989, and as shown in Exhibit "A". Question called. Boyd, yes; Stone, yes; Dingfield, yes; Robinson, yes. Motion passes.