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HomeMy WebLinkAbout05/27/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MAY 27, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation 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. _ p~z~_ A. Minutes - May 13, 1998 #AB98-111 B. Minutes - May 20, 1998 #AB98-112 5. 6. 7. CLAIMS/CH ECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Exercise Option to Purchase Envirofill Property at Smith Cove B. Position Upgrade to Recreation Program Coordinator II in the Parks & Recreation Department C. Proposed Professional Services Agreements and Proposed Professional Services Extension of Retained Legal Services #AB98-113 2 ..~ #A.9 - 14 4 3 #AB98-115 47 (CONTINUED ON BACK) ORDINANCES A. Ordinance No. 4626 (Second Reading) Amending B.M.C. 6.04.066 to Include Recovery of Administrative Fees for Garbage Abatements B. Ordinance No. 4627 (Second Reading) Amending B.M.C. 9.14.050 to Include Recovery of Administrative Fees for Weed Abatements C. Ordinance (First Reading) Amending the 1998 Budget RESOLUTIONS ~. Resolution No. 2651, Authorizing an Interfund Loan from The General Fund to the Civic Improvement Fund and Related Budget Adjustment #AB98-109 (_¢0 11. PUBLIC HEARING - 6:00 P,M OR LATER A. Public Hearing and Ordinance (First Reading) to Amend the Official Zoning Map from "Central Bremerton Residential" to "Parks & Schools' for a single lot at 13~h & Ohio #AB98-118 ~? AGENDA BILL --BREMERTON CITY COUNCIL 1. SUBJECT':-MINUTES - MAY 13, 1998 FOR AGENDA OF: MAY 27,1998 ORIGINATING DEPT: City Coungil ORIGINATOR: David Farr. President DATE SUBMITTED: 5~15-98 2. ~_~2~: (comment on back if necessary) ENDORS F2~V. NT INFORMATION MAYOR __ kPPROVED BY- COUNCIL P~SIp~ FOR SUBMITTAl5 4. S~Y STATEMENT AND REOU!REMENT FQ~ COIYNClL AcTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: -EXPIRATION DATE: REVIEW DATE: PUTJ.ED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED .DISAP.~ROVED ..DATE: 11. AGENDA BIT,T, NO: ? -111- TAPE #1543 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 13, 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 May 13, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Councilman Carlos Montgomery was absent. 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 Deacon Jim Bemis of Our Lady Star of the Sea Church. President Fan' made the following announcements: (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council held a 20-minute Executive Session immediately prior to the City Council meeting to discuss "Labor Negotiations". (3) The City Council held a Study Session immediately following the City Council meeting to discuss the "Bremerton Transit Center". (4) The City Council held a Study Session immediately following the prior Study Session to discuss "Citizen's Environmental Committee". CONSENT AGENDA A. Minutes of Meeting - April 29, 1998 #AB98-096 B. Right-of-Way Lease at 6th Street and Veneta Avenue to Our Lady Star of the Sea School #AB98-097 #0057 MISICIU (McConnell/Arends) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council #0075 MISICIU (Overson/McConnell) On May 13, 1998, the Council does approve for payment those vouchers included and further described as follows: TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 2 of 13 219695, 219729 through 219731, 219735 through 219923 in the amount of $292,450.59. COUNCIL MEMBER REPORTS Mr. Olsen announced the next District #1 Neighborhood Meeting would be held on May 21, 1998, 7:00 P.M., at the Sheridan Park and Recreation Center. The program for that meeting will include discussion on "Home Based Businesses", presented by Deputy City Clerk Paula Johnston and "Block Watch Program", presented by Bremerton Police Detective Kent Boekweg. The Bremerton Central Lions Club will hold their annual Armed Forces Pancake Breakfast and Oatmeal Bar on May 16, 1998, 7:00 - 11:00 AM, at 4th and Pacific Avenue. On May 9, 1998, he attended the Bremerton Church of the Nazarene's Springfest event, which was well attended. He was impressed with the variety of activities and food provided at no cost to the participants. He extended a special "Thank You" to the Pastor and members of the church for the effort they put into this community event. Mr. McConnell reported on Monday evening he enjoyed watching softball games at Pendergast Regional Park. He was amazed at the beauty of the park and the outstanding facilities. He believes the beauty of the Pendergast complex matches the Gold Mountain Golf Course Complex. Comments from players indicated Pendergast had the best fields they had played on. In addition to the play fields there is a snack food stand and playground facilities for children. He viewed Pendergast Park as a perfect place for families to enjoy recreational activities. Mr. Law announced District #3's Neighborhood Meeting would be held May 19, 1998, 7:00 P.M., at the Senior Center. The guest speaker at that meeting will be Glenna Malanca, City Attorney. As previously announced, in order to allow a presentation on "anti-fluoridation", at his District meeting, there would have to be a balance with a "pro-fluoridation" presentation. As of this date, he was not successful in getting someone from the pro side to participate and hopefully a future date can accommodate that discussion. Mr. Overson reported on May 12, 1998, residents in the Highland Avenue area participated in a Block Watch activity where they enjoyed stimulating discussion. He appreciated the Police Department's support at that meeting, particularly Detective Kent Boekweg and Sgt. Rawlins, who answered lots of questions in a very professional manner and provided good information and advice on how to build a better community. He reminded everyone of the upcoming Armed Forces Day activities on May 16, 1998, starting off with the Lions' Pancake Breakfast at 7:00 AM. He noted the first $1,000 profit from that breakfast would go toward scholarships for Bremerton High School students through the Leo's Club. He TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 3 of 13 cautioned everyone to bring umbrellas due to the weather forecast of possible rain showers. Mr. Shepherd announced District #5 would hold a Neighborhood Meeting on May 28, 1998, 6:30 P.M., at Memorial Lutheran Church. The program for that meeting will include a Block Watch Update by Detective Kent Boekweg. He noted a common theme of reactivation and re-energizing Block Watch programs throughout several Council Districts in an effort to fight against crime. He reminded everyone of the Armed Forces Golf Tournament at Gold Mountain Golf Complex on May15 and a Model Train Display at the Old Wooley's Mall from 10:00 AM - 5:00 P.M. Mrs. Arends noted the Old Wooley's Mall is located in the old Woolworth Building located on the corner of Burwell Street and Pacific Avenue. Roadwork continues in the south end of District #7 and District #8 is experiencing roadwork on Kitsap Way. MAYOR'S REPORT Mayor Lynn Horton reminded everyone the City of Bremerton is hosting an OPEN HOUSE at the Oyster Bay Public Works facility on May 14, 1998, 3:00 P.M. - 6:00 P.M. The road construction work within the City is causing some traffic concerns; however, several vehicle accidents were due to slick roads following the recent rain. She cautioned everyone to please drive carefully. Mayor Horton referenced a newspaper article in the Seattle P.I., that was written by Jean Godden in which she described Bremerton in a satirical manner slamming the efforts to entice people to the Bremerton area. In response to that article, Mayor Horton wrote a Letter to the Editor indicating she felt it was beneath Seattle's dignity to have to "slam" other communities and then went on to talk about Bremerton's affordable housing, lack of congestion, air quality and other amenities that Seattle and the I-5 Corridor wished they had. Jean Godden E-mailed her response back to the Mayor's Office, in which she indicated she and Seattle Mayor Paul Schell would be visiting the Bremerton/Kitsap Peninsula on May 18. As a result, the Mayor extended to them an invitation to be her guest at either lunch or dinner and hear a little different perspective on what Bremerton and Kitsap County have to offer. Mayor Horton read the following Proclamations: (1) MAY 17-24, 1998, NATIONAL AQUATIC WEEK, which was accepted by Jeff Elevado, Parks Department. He invited everyone to the Glenn Jarstad Aquatic Water Center where they will celebrate their 19th year of operation in June. They hope to service over 100,000 people in 1998. TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 4 of 13 (2) MAY 16-22, 1998, NATIONAL SAFE BOATING WEEK, which was accepted by David Hamilton, Bremerton Power Squadron. Mr. Hamilton announced the Bremerton Power Squadron educated approximately 200 adults in boating safety in 1997. A major concern that exists today is the lack of life jackets being used on children when they ..are in small boats. As a result, boating classes will be taught in the schools so those children understated the importance of wearing life jackets. (3) MAY 15-16, 1998, POPPIES DAY, which was accepted by Ruth King Yates and another representative from the Ladies Auxiliary Groups. Mayor Horton welcomed members of Boy Scout Troop 1512. Mayor Horton announced on May 7, 1998, a group of 50 youth from the West Park community won a Governor's award for efforts to a drug free Washington State. Only six of hundreds of Washington communities were awarded this recognition. She invited each of the young people representing that group and the adult leaders to introduce themselves and following that introduction she presented them with a Certificate of Achievement in honor of their outstanding excellence. Annette Atkinson, Bremerton Housing Authority, thanked the Mayor and City Council for the opportunity to recognize the children for the choices they are making to be drug free. She emphasized the youth are doing a spectacular job at the West Park Community Center. A representative of King Java, a Junior Achievement Company that runs an Expresso Cart in the West Park Community Center, presented Mayor Horton with a share of their "stock" in their company. Police Chief Paul Du Fresne and Captain Joe Hatfield presented Police Officer John Bogen a Letter of Commendation for his heroic actions rescuing a young child from a house fire on April 20, 1998. Officer Bogen was the first to respond to a 911 call reporting a fire and when he was told a child was still in the burning building he disregarded his own safety by entering the smoke filled building and located the crying child in an upstairs bedroom and brought him to safety just prior to the Fire Department arriving on the scene. Officer Bogen expressed his appreciation and added that a lot of Police Officers deserve to be recognized for their efforts in protecting the public as well. Mayor Horton thanked Lynn Drake, Community Resources Division, the Police Department, and the Fire Department for helping the Bremerton High School student body put on a mock DUI crash, which was well received by the students. A real effort is being put forth by the High School to get the students through the graduation season safely through reduced incidents of use of alcohol by minors. TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 5 of 13 President Farr stated in reference to the Seattle P.I. newspaper article referenced by Mayor Horton he too received several telephone calls from citizens that were less than amused by the "Ma and Pa Kettle" comments. He was happy to see that there is pride within the Bremerton community. PUBLIC RECOGNITION Reverent Cleveland Williams,, Ebenezer A.M.E. Church, reminded everyone of the upcoming Armed Forces Gospel Concert "In The Spirit Of The Lord" on May 17, 1998, 4:00 P.M., at the Bremerton High School Performing Arts Center. This program will include the Gospel Music Workshop of America and the Martin Luther King Community Choir, conducted by Darriel W. Menefee. Admission for this event - under 12 years of age $5,00 and over 12 $7.00. Tickets will be available at the door. He noted Ebenezer A.M.E. Church sponsor Cub Scout Troop #110 from West Park Community Center. Leo Danaher, Boy Scout Troop 512, stated his troop utilizes the Scout Hall at Forest Ridge Park and a problem has occurred that he needed help to resolve. Over the past four months, their troop has had about six break-ins to their equipment, supplies, and Scout Hall. All of their expensive equipment was taken and each time the inside of the hall was sprayed with fire extinguisher repellent. It was his understanding that because the City owned the building the troop could not do a lot to secure or update the site. He asked if it would be possible for the Parks Department to update the building by constructing a stronger method to keep criminals out. Padlocks can be cut off and the current doors can be ripped off. Annette Atkinson, Bremerton Housing Authority, stated it was important that a number of people be recognized for their support of the youth from West Park and those included: Dennis Clark, Ambassador Limousine, volunteer Scott Campbell, members of Cub Scout Troop 110 and members of the West Park Soccer Team. Susan Brown, Bremerton resident, referenced a newspaper article in the May 9th edition of THE SUN regarding the possibility of conflict of interest by Councilman Jim Reed. In her efforts to bring about revision of the City's Ethic Code, issues of appearance of fairness and conflict of interest were serious concerns that she believed needed to be addressed by the City. In her opinion, Mr. Reed's personal involvement with the issue of piers and docks in the channel between Oyster Bay and Ostrich Bay presented not only an appearance of fairness but also a conflict of interest. At the time of her initial comments on the need for revising the Ethics Code in October 1997, the point she was making was even if something was legal under State law does not mean that it is right. When the Ethics Commission is in place, she will bdng that issue before them. TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 6 of 13 Gordy Byrd talked about the importance for parents to hug their kids and for kids to hug their parents. Le.qislative Report on questions raised at previous Council meetinqs: May 6, 1998 City Council Meeting: Bremerton resident Larry Dickerson expressed concern over the lack of Navy Shore Patrols in Bremerton. Upon checking with the Shore Patrol Office, their practice is to respond when called in by Bremerton Police Officers; however, staffing levels have been reduced due to the Ships' Captains not assigning Ship personnel to Shore Patrol Duty. 8A - CONFIRMATION OF PHILIP BERRY AS DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT, #A,B98-098 The Human Resources Manager has completed recruitment for the position of Director of Economic and Community Development. The top eight applicants went through the assessment center process. The Mayor wishes to appoint Mr. Philip Berry. Mayor Lynn Horton stated Mr. Berry was one of seven applicants interviewed out of approximately 40 applications. Based on that interview process and the fact that he had a very good mix of both public and private sector experience, there was a consensus that Mr. Berry was the #1 candidate. Mr. Berry is also knowledgeable about the City and its problems and will bring some creative solutions to the City's economic development efforts. In addition, being a Kitsap County and Washington State resident he understands the Growth Management Act, which involves some disagreement between the City and the County that has gone on over a considerable number of months. She urged Council to confirm Mr. Berry's appointment as presented. Public comment - None. President Farr stated as a member of the selection committee, the City was fortunate that there were so many good applicants for the position. He was impressed with Mr. Berry and was glad to see the position description include an emphasis on economic development. #1662 MlSiCiU(OversonlOIsen) Motion to approve the appointment of Philip Berry to the position of Director of Economic and Community Development. Mayor Horton announced she expected Mr. Berry to start work on or before June 1, 1998. 8B - APPOINTMENT OF MITCHELLE HONORE TO THE CIVIL SERVICE COMMISSION~ #AB98-099 TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 7 of 13 There is a vacancy on the Civil Service Commission and it is recommended Mitchelle Honore be appointed to fill the vacancy. Mayor Lynn Horton pointed out Ms. Honore had previously served on the Civil Service Commission and brought a good deal of professionalism to the Commission. She is well versed in employee issues based on her experience with the Washington State Employment Security Department. She urged Council's confirmation as presented. Public comment - none. Mr. McConnell noted Ms. Honore's past service on the Commission had to have been excellent or the Mayor would not consider her for reappointment. #1795 MISlClU(McConnelliArends) Motion to confirm the appointment of Mitchelle Honore to the Civil Service Commission. Mayor Lynn Horton announced she was in the process interviewing candidates for the Ethics Commission. 8C- YWCA SERVICE AGREEMENT,,#AB98-100 The YWCA ALIVE Program provides shelter services to citizens of our City under this agreement which provides for pass-through of funding from a state grant. Each year we are required to approve this agreement for execution by the Mayor. Lynn Drake, Community Resources Department, urged Council to approve the requested action that would provide funding in the amount of $19,879.00 to the ALIVE Program that benefits the citizens of Bremerton at an immediate time of need. The funding source is the Department of Trade and Economic Development through Criminal Justice funding and at no cost to the City. She introduced Karen Williams, Executive Director ALIVE Shelter. Karen Williams, on behalf of the YWCA Board of Directors and the Executive Director Linda Joyce, thanked the City Council for their consideration of this proposal. The YWCA ALIVE Shelter works closely with the Bremerton Police Department in assisting women involved in domestic violence. The Shelter provides advocate counseling for adults and children, assisting with medical needs and house them for a minim of four weeks at the shelter where they are given guidance in reorganizing their lives. As a result of this kind of assistance, many of the shelter residents have become volunteers within that organization. Calls through the legal advocates have experienced a 400% increase in telephone calls and inquiries over the past year, which reflects greater awareness of domestic violence issues. TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 8 of 13 Public comment - none. Mr. Shepherd stated he was particularly proud of the efforts of the YVVCA and the ALIVE Shelter and that it is an indicator of the type of caring people within the community. Mrs. Arends expressed her support of the YWCA and ALIVE Shelter. Mr. Overson stated this organization always handles their operations in a very professional manner. After having a personal view of their activities, he would judge it as being one of the best of its kinds. #2022 MISIClU(ShepherdlArends) Motion to approval for the Mayor to execute this contract. 8D - BUDGET ADJUSTMENT FOR E(~UIPMENT RENTAL RESERVE FUND TO PURCHASE 'I'VVO VEHICLES FOR PARKS DEPARTMENT, #AB98-101 This budget adjustment will provide expenditure authority to replace two over-age vehicles in the Parks Department, which are not covered by the Equipment Rental Fund, from reserve money left over after the replacement of several Parks vehicles in 1997. The truck being replaced will be surplussed. Jim Spencer, Director of Parks and Recreation, stated in response to two questions raised during Committee discussions the plan is to surplus the 1982 pickup and he did check with the Transportation Manager to see if local competition could meet the State bid price, which they could not. The riding lawnmower is 8 years old and used at Ivy Green Cemetery. Public comment - none. Mr. Reed asked if the funds from the surplused vehicle would go into the General Fund. Mr. Spencer stated no; those funds would be put back into the Equipment Rental Reserve Fund. Mr. Overson extended compliments to the staff for getting good prices for the two vehicles. #2129 MISlClU(OversonlMcConnell) Motion to approve Budget Adjustment No. 98-13. 8E - BUDGET ADJUSTMENT FOR THE REAL ESTATE EXCISE TAX FUND FOR WORK BY CONSULTANT ON SMITH COVE, #AB98-102 TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 9 of 13 This budget adjustment will provide expenditure authority necessary to carry out the scope of work of the existing contract for soil analysis at Smith Cove. The work was expected to be performed and paid during 1997, but has continued into 1998. Rich Hanna, City Treasurer, explained this was a matter of timing of the work performed under the contract for soils analysis and timing of the related payments. There is no change in the scope of work or price. At the time the 1998 Budget was adopted, it was anticipated that this work and the payment would have been completed prior to year-end 1997, which did not happen. Public comment - none. #2225 MISICIU(OversoniOIsen) Motion to approve Budget Adjustment No. 98- 11. 8F - BUDGET ADJUSTMENT FOR PURCHASE OF NEW STREET SWEEPER, #AB98-103 The Storm Section of the Public Works & Utilities is in need of purchasing a new Street Sweeper to replace the existing street sweeper. The money for this purchase is in the Equipment Rental Reserve and Equipment Revolving Fund. The budge adjustment request is for $150,000.00. Rich Hanna, City Treasurer, stated the request for replacing this equipment comes a couple of years earlier than expected. A useful life of 7 years had been estimated; however, the Utility Department determined the City is better served to operate the vehicle during certain periods of the year on a double shift basis (16-hours) rather than just eight hours per days. Obviously that has translated into a shorter life of the vehicle. During the winter months it is more cost effective to utilize this equipment to pick up sand than to allow it to go through the stormwater/sewer system into Wastewater Treatment Plant. Public comment - none. Mrs. Arends stated during the Committee discussion on this issue she was assured that the street sweeper did not damage the traffic buttons. Mr. Hanna stated damage to traffic buttons is caused by snowplows. Mr. Overson questioned for clarification the figures listed under #6 Impact On Staffing, Budgets, Facilities, Equipment or Other Resources? Mr. Hanna stated it should reflect Equipment Rental Reserve Fund. #2396 MISIClU(McConnelllOverson) Motion to approve Budget Adjustment #98- 15. TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 10 of 13 8G - BUDGET ADJUSTMENT TO RISK MANAGEMENT FUND, #,,AB98-094 Recent litigation awards will need to be paid and budgetary capacity for such payments need to be authorized. This budget adjustment request authorizes the transfer of funds from the Risk Management Reserve Account to the claims payment account in the Risk Management Fund. Pec~¥ Lesser, Risk Manager, stated approximately 11-12 years ago a Risk Management Fund was established to collect funds and hold them until they are needed to pay claims and litigation. The City has done that successfully over the years. City staff members, Department Heads, and the Mayor have been diligent in the first 4-5 months in 1998, resolving a number of issues that lingered. At this time, it is necessary to move funds from the Reserve Account into the Expenditure Account in order to finalize the resolution of those matters. Public comment - none. #2495 MISIC(OversonlMcConnell) Motion to approve the budget adjustment request. Vote on Motion: In Favor: Arends, Shepherd, Farr, Overson, Law, McConnell, Olsen Abstain: Reed Motion carried. 8H - UTILITY CONTRACTS WITH U.S. NAVY~ #AB98-104 Under direction of the Mayor, finance and utility staffs have negotiated new contracts covering the provision of water and sewer services to Navy facilities. There are five contracts, respectively they provide for service at: PSNS, Jackson Park, Naval Hospital, East Park, and all other Navy facilities. Rates for service at PSNS will be 95% of retail for water and 105% of commercial 1 for sewer. All other Navy facilities will be provided service at retail rates. The effective date for the contracts is December 1, 1997 and the term is ten years. The rate changes will be applied retroactively to October 1, 1995. In the future, rates for the Navy change as retail rates do. Due to the length to the contracts, copies are not included with this agenda bill. Copies have been provided in the Council office for Council and public review. Rich Hann. a, City Treasurer, explained the City has provided utility service to the Navy for about 80 years. The contracts in question replace earlier versions that were used for many years. Due to changing circumstances mostly having to do with how the Navy finances the Puget Sound Naval Shipyard, those contracts were obsolete and difficult to administer. Also, the rates had not kept pace with // TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 11 of 13 changes in the City's retail rate structure. The negotiation process was long and difficult, but the resulting contracts treat both parties fairly. Public comment - none. Mr. Law left the Council Chambers at approximately 6:45 P.M. Mr, Reed asked if he understood correctly that the Navy would be paying the same charge per gallon for water/sewer as any retail customer. Mr. Hanna stated yes, their rates are driven off the ordinance that Council periodically approves. Mr. Reed asked if the Navy's rates would reflect any future major improvements that may be needed for the water/sewer. Mr. Hanna stated yes, rather than containing the Navy's rates directly in the contracts they refer to an appendix, which is the City's current Rate Ordinance. Mr. Shepherd stated he reviewed the contacts both in the negotiation period and subsequently and complimented Mr. Sampley's efforts in effecting modern beneficial contracts for the City. Mr. Overson noted the Navy is a tough negotiator and the City did well in finalizing the proposed contracts. The City is fortunate to have a large institution like PSNS that utilizes City services and has the ability to pay and support their portion. President Farr asked the amount of funds identified in the contracts? Mr. Hanna stated the rate changes were applied retroactively to 1995 and the settlement amount was approximately $2.2 million. Mr. Law returned to the Council Chambers at 6:56 P.M. #2771 MISlC(McConnelliOverson) Motion to approve the contracts for utility service to Navy facilities and authorize the Mayor to sign. Vote on Motion: In Favor: Arends, Reed, Shepherd, Farr, Overson, McConnell, Olsen Abstain: Law Motion carded. 8I - WATER AND WASTEWATER FUND BUDGET ADJUSTMENT FOR PERSONNEL~ #AB98-'105 A budget adjustment is requested for the Wastewater and Water Operating Funds to reflect current operations. This budget adjustment will specifically address three areas. First, within the Wastewater Fund, one of the WWTP Maintenance Technician positions is reclassified as Computerized Maintenance TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 12 of 13 Management System (CMMS) Technician. The justification for this change in position classification is provided in Exhibit 1. No additional budget expenditure is required for this position. The second area adjusts the Forestry Division budget (Water Fund) to recognize dewatedng biosolids at the WVVTP as a responsibility of the Wastewater Manager. This activity previously under contract operations was a responsibility of the Water Fund and should continue to be so. There is no net adjustment required for this action since all funds for this activity will be transferred from the Forestry Division (Water Fund) to a new biosolids division within the Wastewater Manager as explained in Exhibit 2. However, a Service Specialist Senior position is deleted from Forestry Division and a VVWTP Operator position is added for additional biosolids processing. The third area is a new Office Assistant ]::[ position proposed for the Engineering permit counter presently staffed by an Engineering Technician. The OA ;Q will provide secretarial and administrative support. Plan review and engineering technicians and/or engineers as needed will provide technical support. The current engineering technician will be utilized performing project support and engineering-related tasks. The attached revised organizational chad shows the addition of the CMMS Technician and VWVTP Operator under the Wastewater Manager, deletion of one Service Specialist Senior position in the Forestry Division, and addition of an Office Assistant ff. Gene Sampley, Director of Public Works and Utilities, stated the proposal is three separate adjustments for the Wastewater and Water Fund. Due to their similarity, the three actions are presented on one Agenda Bill and there is no monetary adjustment required. Mr. Sampley briefly reviewed the three action items as outlined in the Summary Statement. He noted cost savings of $73,000 per year would be effected through the adjustment of operation of biosolids processing and method of application. Public comment - none. Mr. McConnell asked if the Service Specialist Senior position being deleted as a funded position. Mr. Sampley stated yes. #3118 MISIClU(ArendslShepherd) Motion to approve Budget Adjustment No. 98- 16, and organizational chart as recommended. Mr. Overson announced on May 15, the new Chinook Passenger Only Ferry service would be inaugurated. The public is invited to ride the new ferry on May 15 and 16. TAPE #1543 City Council Reg. Mtg. Minutes May 13, 1998 Page 13 of 13 Mayor Horton announced the USS Carl Vinson (Pier B), USS Rainier (Pier D) and USS Camden (Pier D) will be open to the public on May 16, 1998, from 12:00 Noon to 4:00 P.M. President Farr thanked the TV camera crew for their services: Robert Neal, Ryan Bentley, Melody Zapata, and Kristopher Knowles. With no further business meeting adjourned at 6:58 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me C: Normal Distribution FileNault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT': MINUTES -- MAY 20, 1998 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: MAY 27, 1998 CITY COUNCIL DAVID FAR/t. PRESIDENT MAY 21, 1998 2. ~: (comment on back if necessary) ENDORSEMF~NT__ INFORMATION MAYOR __ APPROVED BY COUNCIL PR~DENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FQ~ COI~CIL AcTION: 8. R~COM~ENDATION: 9..RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: P. EViEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED .DISAPPROVED TAPE #1544 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MAY 20, 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 May 20, 1998, at 5:30 P.M., with Council President David Farr presiding. Council members present were Carlos Montgomery, Mike Shepherd, John Law, Cecil McConnell, and Wayne Olsen. Council members Lon Overson, Carol Arends, and Jim Reed were absent. 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 Jay Akkerman of Central Kitsap Church of the Nazarene. President Farr made the following announcements: (1) The City Council held a Study Session prior to the Council meeting to discuss general Council business. (2) The City Council cancelled the Study Session that was scheduled immediately following the City Council meeting to discuss "Facilities"; and also cancelled the 20-minute Executive Session that was scheduled immediately following the above-announced Study Session to discuss "Real Estate". CONSENT AGENDA A. Minutes of Meeting - May 6, 1998 #AB98-106 B. Sole Source Purchase of a Toro Mower for Gold Mountain Golf Course #AB98-107 #0060 MISIClU(McConnelliMontgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. TAPE #1544 City Council Reg. Mtg. Minutes May 20, 1998 Page 2 of 7 #0080 MISIClU(MontgomerylOIsen) On May 20, 1998, the Council does approve for payment those vouchers included and further described as follows: EFT4816, 219927, and 219949 through 220116 in the amount of $306,077.95. COUNCIL MEMBER REPORTS Mr. Montc~omerv reported that he traveled to Tacoma with the M.O.M. Committee to file suit in Federal Court for a Declaration of Relief over the USS Missouri. He invited the public to attend a ceremony to be held Saturday, May 23, 1998 at 3:30 P.M. on the boardwalk as the Ship is towed out. He also complimented the Street Department on their new mode of operation, stating they are now able to do accomplish more jobs a lot faster, better, and easier. Mr. Shepherd... announced the next District 5 Neighborhood meeting will be held Thursday, May 28, 1998, 6:30 P.M., at the Memorial Lutheran Church located at 10th & Veneta. He encouraged the public to visit Old Woolly's Mall, located in the old Woolworth's Building. There are over 20 businesses, in addition to the old Woolworth food counter going again, with good food and reasonable prices. A tearoom is also on the premises, where they sell many different types of tea, in addition to teaching tea etiquette, ceremonies, and other cultures. Call 377-9457 to set up an appointment. Mr. Law attended the Armed Forces Day Parade over the past weekend, and stated it was probably the longest parade they have ever had. He congratulated all those involved. He also thanked Glenna Malanca, City Attorney, for attending the District 3 Neighborhood meeting last night as guest speaker, as well as all citizens who attended. He also attended a celebration, and got to cut the cake, honoring the Navy League for their 50th Anniversary. Mr. McConnell also attended the Armed Forces Day Parade, and was pleased at the number of people who turned-out to watch it. He commended the Bremerton Area Chamber of Commerce for their efforts in putting on an excellent parade, and also to the Bremerton Central Lions Club for the wonderful pancake breakfast. Mr. Olsen announced the next District 1 Neighborhood meeting will be this Thursday, May 21, 1998, 7:00 - 9:00 P.M. at the Sheddan Park Community Center located on Clare & Lebo Blvd. He also pointed out that John Law got the honor of cuffing the cake at the Navy League's 50~h Anniversary party because he held the distinguished position of being the most senior past president of the Navy League. He stated he is very proud that the Council has a member who has been so active with the Navy League through the years. He announced that TAPE #1544 City Council Reg. Mtg. Minutes May 20, 1998 Page 3 of 7 the Bremerton Central Lions Club sold over 750 tickets to the pancake breakfast this year, and look forward to the same success next year. Mr. Fan' stated he also enjoyed the parade, in spite of taking Mr. McConnell's advice to sit on the side of the street that was shaded, while watching those on the other side of the street enj_o.,y the warmth of the sun! On Sunday, he had the pleasure of attending the 2''~ Annual Armed Forces Gospel Concert with Reverend Cleveland Williams of the Ebenezer African Methodist Episcopal Church. He was thrilled at the performance, which was wonderful. He was honored to be there, and plans to make it a regular event. MAYOR'S REPORT Mayor Horton concurred with the comments made about the festivities over the weekend. She passed out stickers to the Council members, to promote a program to wear seatbelts when riding in a car, to help save lives. Mayor Horton read the following Proclamations: (1) MAY 25, 1998, POPPY'S DAY, with proceeds used exclusively for the benefit of disabled and needy veterans, widows, and orphans of deceased veterans, sponsored by VFW POST 293 and VFW POST 3694. (2) JUNE 3, 1998, NAVY WIVES CLUBS OF AMERICA DAY, which was accepted by Lori Oberlander. She announced that meetings are held monthly, on the first Tuesday of each month, at 7:30 P.M. in the BOQ Conference Room. PUBLIC RECOGNITION Rev. Cleveland Williams, Ebenezer A.M.E. Church, thanked Mr. Fan' for attending the concert, and was pleased that he enjoyed it. He also thanked the public for supporting the 2n`~ Annual Armed Forces Gospel Music Concert with members of the Martin Luther King Choir, along with the Gospel Music Workshop of America, the Washington State Chapter. He also thanked Al Colvin for attending the concert, providing the Invocation, and for his support. Charlene Burnett, Parks & Recreation Department, reminded the public that a brochure with summer, programs would be available soon. A number of activities and programs are being planned such as the Playground Express, Camp Sparky, and numerous Concerts in the Park. For a brochure, please call 478-5305 or stop in the Parks Department. Becky Lorber, Parks & Recreation Department, announced a musical revue called "The Beat Is Strong" to be held at the Admiral Theater on May 28, 1998, at TAPE #1544 City Council Reg. Mtg. Minutes May 20, 1998 Page 4 of 7 7:00 P.M. Six different groups will be performing, which will include tap dancers, choirs, tai chi, square dancers, and line dancers. She encouraged the public to attend. If you would like additional information, please call 478-5357. Bob Jaenicke, Bremerton Resident, suggested the City clean up the old Brem- Air area, which could possibly fit up to 150 cars. 8A - BUDGET ADJUSTMENT #98-18 FOR ADDITIONAL FUNDING TO SUPPORT SUMMER PROGRAMS FOR CHILDREN, #AB98-108 The following three funding sources have been found to help supplement summer recreation for children: 1) The Bremerton Housing Authority has provided funding that will allow the expansion of the Playground Express program at Westpark. The cost of this program is $3,500, and will be provided in total via an interlocal agreement with BHA. 2) Kitsap County has provided funding to supplement programs for children with special needs. The proposed level of support is $5,000 to "Camp Sparky", and $3,000 to the "Playground Express" program. This funding is also provided via an interlocal agreement. 3) Previously approved CDBG reallocation of $5,648.74. Charlene Burnett, Parks & Recreation Department, stated they welcomed these funding sources, since they allow them to expand these programs to the Westpark area, and to help keep Camp Sparky alive. Public comment - none. Mr. McConnell questioned the disparity between the amount of $17,150 listed on the Budget Adjustment, and the amount of $17,148.74 listed on the Agenda Bill. Ms. Burnett clarified that $17,148,74 is the correct figure, and the Treasurer simply rounded off the numbers. #0755 MISlClU(McConnelllMontgomery) Motion to authorize and direct the Mayor to enter into the Interlocal Agreement with BHA to provide Playground Express at Westpark. #0768 MlSiClU(McConnelllMontgomery) Motion to authorize and direct the Mayor to enter into the Intedocal Agreement with Kitsap County for additional funding support to "Camp Sparky' and "Playground Express'. /? TAPE #1544 City Council Reg. Mtg. Minutes May 20, 1998 Page 5 of 7 #0788 MlSlCiU(McConnelllMontgomery) Motion to approve associated budget adjustment (BHA: $3,500 + KC: $8,000 + CDBG: $5648.74) for a total of $17,148.74. 9A - ORDINANCE (FIRST READING) AMENDING B.M.C. 6.04.066 TO INCLUDE RECOVERY OF ADMINISTRATIVE FEES FOR GARBAGE ABATEMENTS, #AB98-109 RCW 35.22.320 allows the City to abate garbage and debris on private property and assess abatement costs as a lien against private property. Part of the cost of abatement is the cost of staff time to perform the garbage abatement process, including inspections, letters, posting, and publishing notices. Approval of this ordinance would place the burden of these costs on the violators. Judy Johnson, Acting Director of Community Development, stated she is here tonight to add language and costs incidental to the abatement as set forth by Council Resolution, after this ordinance is passed. She provided a bdef history, in addition to a time-frame of what takes place dudng the process of a garbage abatement. There is a lot of staff time and site visits that go into a garbage abatement, and that is why they are requesting an administrative fee be added. Public comment - none. Mr. Law is very pleased this is being brought before Council, as several members have asked for it for the past four years. He asked if the City pays a lower rate when they dump the garbage? Ms. Johnson stated there are different fees, but she is not familiar with the fee schedule for the Public Works Department. Mr. McConnell asked what was the amount of the administrative fee, and will those who clean up the garbage before day-20 be required to pay less? Ms.. Johnson stated an amount was not going to be brought forward until it was known if Council was willing to have an ordinance allowing it. However, a fee of $575 is being considered. As an incentive, there will be no administrative fee, for those who clean up the garbage on their own. Mr. Montgomery stated that even if it takes 20 days to get someone to clean up their garbage, they should still be charged something for letting the property get in that condition to begin with. Ms. Johnson explained that a window of at least 20 days is needed to allow adequate time to find and contact owners in situations such as garbage found on vacant lots, where no landlord is available. TAPE #1544 City Council Reg. Mtg. Minutes May 20, 1998 Page 6 of 7 President Farr stated it was important to clean up these ordinances so that they can be enforced effectively. #1196 MISICIU(McConnelllMontgomery) Motion to approve ordinance on first reading, allowing administrative fees, as set by resolution, to be collected for garbage abatement actions. 9B - ORDINANCE (FIRST READING) AMENDING B.M.C. 9.14.050 TO INCLUDE RECOVERY OF ADMINISTRATIVE FEES FOR WEED ABATEMENTS, #AB98-110 RCW 35.21.310 allows the City to abate vegetation, which is a fire hazard or public nuisance, and assess abatement costs as a lien against private property. Part of the cost of abatement is the cost of staff time to perform the weed abatement process, including inspections, letters, posting, and publishing notices. Approval of this ordinance would place the burden of these costs on the violators. Judy Johnson, Acting Director of Community Development, stated this is the same issue, only this is related to weeds rather than garbage. There are a few different steps involved in this process, in addition to the fact that a final inspection is always made the day of the Council meeting to see if the weeds have been taken care of, prior to staff asking if they can do the work. Public comment- none. Mr. Mont.qome~ asked what the fee for weed abatements would be, since he did not want to create a situation where the City is providing cheap landscaping labor. Ms. Johnson stated the fee can vary, depending on the site, and whether it will involve just mowing grass, or also removing sticker bushes, etc. it will be based on an hourly basis. Artistic Landscaping has provided the work in the past, but are hoping that the Americorps group will be able to provide some of the labor at a cost of $5.00/hour. President Farr wanted to verify that the City only goes out to inspect a site if there has been a complaint. Ms. Johnson stated that is correct, and that each situation is checked-out as thoroughly as possible, by an inspection, and in talking with the owner and neighbors. Mr. Farr gave an example of a person he knew, who had an abatement against him, and it cost him in excess of $1,000. He wanted to make sure that enough publicity on this issue was given to the public as a forewarning that there will be sedous consequences for those who do not keep their lots in decent shape. Ms. Johnson reassured Council that if the ordinance is passed, and a resolution is in TAPE #1544 City Council Reg. Mtg. Minutes May 20, 1998 Page 7 of 7 place, they can be shown what the penalty will be, on the very first initial contact, if they don't comply. #1458 MISICIU(MontgomerylOIsen) Motion to approve ordinance on first reading, allowing administrative fees, as set by resolution, to be collected for weed abatement actions. President Farr thanked the BKAT TV camera crew for their services: Robert Neal, Director/Production Coordinator; and volunteers Melody Zapata and Ryan Bentley. With no further business meeting adjourned at 6:25 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/Is C: Normal Distribution FileNault &GENDA BILL BREMERTON CITY COUNCIL SUBJECT: Exercise Option to Purchase Envirofil Property at Smith Cove FOR AGENDA OF: May 27~ 1998 ORIGINATING DEPT: Admin. Services ORIGINATOR: K. McCluskey~fi,~. DATE SUBMITTED: May 21. 1998 · 2. ~: (co~me~o.n back 3. EXHIBITS: if~n~ry) /~ / ~//~. ~ ~// ~ Option Letter City Attorney ~~/~/~~ Real Estate Option Agreement ENDORSE~NT~ INFO~TION APPR~E6 ~NcIL PR~IDEN~FO~SUBMITTAL: SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Environfil, commonly known as BremAir, and the City entered into a real estate option agreement dated November 26, 1996 whereby the City agreed to option the Envirofil property adjacent to Evergreen Park. It is recommended that the City exercise this option and assume the liability of existing environmental conditions of the property that pose little exposure according to the City's consultant, Failure Analysis. RECOMMENDATION: Motion to authorize Mayor to exercise option to purchase real property from Environfil as described in the Option Agreement dated November 26, 1996. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executiv~ EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED__ DISAPPROVED DATE: 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Expansion of Evergreen Park will be limited. Se IMPACT ON STAFFING~ BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-5161 · E-mail: legal@ci.bremerton.wa.us May 6, 1998 Robert J. Berres Envirofil, Inc. P.O. Box 990 Bremerton, Washington 98337 Real Estate Option to Purchase Option Agreement dated November 26, 1996 As Extended. Dear Mr. Berres: The City of Bremerton by this letter exercises its option to purchase the real property which is subject to the City of Bremerton and Envirofil's Option to Purchase Agreement described above. This exercise is subject to the condition of title, which is to be free of encumbrances and defects. The City understands that a preliminary title report has been obtained by Envirofil, and that the City has not yet been provided a copy. The City is willing to adjust the strict terms of Paragraph 5, relating to Condition of Title. It is agreeable with the city that title be cleared to the appropriate condition and that Envirofil then provide a copy of title commitment with a short period of time for review by the City. Envirofil could then provide the City with an executed statutory warranty deed. Very truly yours, Lynn Horton Mayor Equal Opportunity Employer Filed for Record at Request of: When Recorded Return to: Name Bremerton City Clerk Address 239 Fourth Street Bremerton, Washington 98337 Document Title: Real Estate Option Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: Envirofil, Inc., a Delaware corporation Grantee's Name: City of Bremerton, a municipal corporation Abbreviated Legal Description: S13, T24, R1E, WM.; and BAYVIEW ADDN., B5, LTS. 8 & 9, EXC. E. 29 FT. THOF (Additional legal on Exhibit "A" of document) Assessor's Property Tax Parcel/Account Numbers: 132401-2-022-2002; 132401-2-029-2005; 3709-005-009-0008; 3709-005-008-0009; 132401-2- 015-2001; and 132401-2-028-2006. REAL ESTATE OPTION AGREEMENT THIS REAL ESTATE OPTION AGREEMENT ("Agreement") is made and entered into as of November 26, 1996 by and between ENVIROFIL, INC., a Delaware corporation ("Envirofil") and the CITY OF BREMERTON, a municipal corporation ("the' City"). RECITALS A. Envirofil is the owner of that certain real property located in Bremerton, Washington, legally described in Exhibit "A" attached hereto and incorporated herein by this reference, and identified and depicted on Exhibit "B" attached hereto and incorporated herein by this reference, and appurtenances, easements, licenses, applications, permits and governmental approvals and consents relating to or serving such real property (collectively the "Property"). B. The Property is contaminated with hazardous substances at such levels that the Washington State Department of Ecology .("Ecology") may require the Property to be remediated. C. If acceptable, terms of remediation can be negotiated and agreed upon between the City and Ecology, the City desires to acquire and develop the Property for park and recreational purposes in accordance with the City's comprehensive park plan. D. To facilitate its further study of the Property and the feasibility of its remediation and development for park and recreational purposes, the city desires to acquire the exclusive right and option to acquire Envirofil's title to the Property. AGREEMENT In consideration of the mutual covenants and promises contained herein, the parties hereto hereby agree as follows: 1. Grant of Option. Subject to the terms, covenants and conditions set forth herein, Envirofil hereby grants to the city the exclusive right and option (the "option") to acquire all rights, title and interest of Envirofil in the Property. 2. Term of option. The term of this Option shall commence on the date hereof and shall continue until exercised or the term of this Option expires on December 31, 1997. 3. Consideration for option. The consideration for this Option is ten dollars ($10.00) and other valuable consideration, including the City's promise to undertake good faith efforts to negotiate remediation of the Property with Ecology and to bear the cost and expenses of all investigation and analysis it deems necessary to undertake during the term of this Option, as well as the city's promise to deliver and make available to Envirofil the results and reports of such investigations. l(a) 4. ~onsideration for Transfer of Title. If the City exercises this Option, as full consideration for Envirofil's transfer and conveyance of title in and to the Property to the City, the City shall agree to assume all obligations relating to or arising from the Property and shall agree at closing, as evidenced by its execution of a Hazardous Substances Remediation and Indemnification Agreement in the form attached hereto as Exhibit "C", to indemnify and hold Envirofil harmless from and against any and all (i) costs and expenses arising directly or indirectly from the environmental condition of the Property or remediation of the Property pursuant to a consent decree entered into with Ecology or otherwise, and (ii) enforcement, cleanup, removal, remedial or other government or regulatory actions, agreements or orders threatened, instituted or completed relating to the Property and (iii) other claims, obligations, liabilities, demands, judgments, causes of action, costs and~expenses (including attorney's and consultant's fees and disbursements) of any kind or nature, including, but not limited to, those for personal injury or property damage, which arise out of or relate in any way to any use, handling, production, transportation, disposal, release, presence or storage of any hazardous materials in, under, on, about or from the Property. 5. Condition of Title. 5.1 Within twenty (20) days after execution of this Agreement by both Envirofil and the City, Envirofil shall deliver to the City a current title commitment(the "Title Commitment") with copies of all exceptions or conditions referred to therein which would appear in the Owner's Standard Coverage ALTA Policy of Title Insurance to be issued at Closing as provided in Paragraph 10.1(b). 5.2 The City shall have a period of twenty (20) days after the date of receipt of the Title Commitment to review the Title Commitment and to give notice to Envirofil of such objections as the City may have to any defect or encumbrance set forth in the Title Commitment. Any defect or encumbrance to which the City does not object within such twenty (20) day period shall be deemed to be accepted by the City and shall be a Permitted Exception as provided in Paragraph 5.3. If the City shall object to any defect or encumbrance, Envirofil shall advise the City within twenty (20) days after the City's notice whether Envirofil can remove such defect or encumbrance. If Envirofil advises the City that Envirofil cannot remove any particular defect or encumbrance, Envirofil may terminate this Agreement. If Envirofil so advises the City but does not terminate this Agreement, the City shall elect by written notice to Envirofil within ten (10) days after the City receives such notice from Envirofil (i) to waive such defect or encumbrance and proceed with this Option, or (ii) to terminate this Agreement. Upon any termination of this Agreement under this Paragraph 5.2, Envirofil and the City shall have no further rights or obligations hereunder. If the City does not select one of such options within such ten (10) day period, the City shall be deemed to have waived its objection to such defect or encumbrance and it shall be a Permitted Exception as provided in Paragraph 5.3. 5.3 Envirofil shall convey and the City shall accept good and marketable title to the Property by Statutory Warranty Deed in fee simple, free and clear of all defects and encumbrances, except for: (i.) the rights and reservations expressed in the U. S. Patent to the Property; (ii) the lien of current real estate taxes not yet due and payable; (iii) usual and ordinary public utility easements for gas, electric, water, sewer and other utility lines to the Property; (iv) governmental building, land use and zoning regulations, codes, laws and ordinances; ~ (v) consents by Envirofil or any former owner of the Property for the erection of any structure or structures on, under or above any street or streets on which the Property may abut; (vi) rights of tenants existing as of Closing and (vii) those accepted by the City in accordance with Paragraph 5.2 (collectively, the "Permitted Exceptions"). 6. Feasibility Study/Grant of Easement. 6.1 The City shall have a period commencing with the date of execution hereof and extending through the term of this Option in which to study the feasibility of remediation and development of the Property for park and recreational purposes. 6.2 Envirofil hereby grants the City a right of access to the Property for purposes of conducting environmental investigation and remediation upon the Property during the term of this Option. The City or its agents shall be permitted to enter the Property to conduct environmental investigation and remediation of the Property, including without limitation, drilling, testing, soil and groundwater sampling, excavation and installation of monitoring wells or other remediation equipment or structures thereon and upon any other property owned or controlled by Envirofil to which any environmental contaminants may have migrated from the Property. 6.3 Envirofil agrees to deliver to the City upon execution of this Agreement all studies and tests in its possession, of which Envirofil has knowledge, relating to the Property. Ail tests to be conducted by the City shall be conducted at the City's expense. 6.4 The tests by the City shall be performed in a workmanlike manner in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. The City shall exercise reasonable care not to damage the Property or unreasonably interfere with the security of the Property. Envirofil will have the right to have a representative of Envirofil accompany the City and its employees, representatives, agents and contractors while they are on the Property. Any entry by the City or its employees, representatives, agents or contractors will not unreasonably interfere with Envirofil's use of the Property or any part thereof. 6.5 Within thirty (30) days after the execution of this Agreement, the City shall construct, at its expense, a fence around the Property and take reasonable steps to restrict and control access to the Property during the term of this Option. The City shall maintain good order among its employees, representatives, agents and contractors who come onto the Property and shall confine such employees, representatives, agents and contractors and their equipment, if any, to those portions of the Property necessary to perform the tests by the City. 6.6 If the City does not exercise its Option to acquire the Property, the City shall restore the Property at its sole cost and expense and properly abandon and remove, in accordance with applicable federal, state and local laws, ordinances, rules and regulations, all groundwater wells and other facilities installed on the Property, including removing any portions of the groundwater wells that are visible at or above the surface of the Property. Until restoration is complete, the City shall take all steps necessary to ensure that any conditions on the Property created by the tests will not interfere with the normal operation of the Property or create any dangerous, unhealthy, unsightly, nuisance or noisy condition on the Property. 6.7 The City shall keep Envirofil informed of the progress of its testing and shall provide Envirofil with copies of all preliminary test results, reports and other such information received by the City in connection therewith. The City shall not prepare and deliver any final reports without first discussing the preliminary test results and reports with Envirofil and considering, in good faith, the input of Envirofil and the interests of the owner of the Property. The parties agree that all information shall be kept confidential and shall not be used for any purpose other than the evaluation of the environmental condition of the Property as set forth herein. The City agrees not to disclose the contents of any such report to 4 any third party, except with Envirofil's prior consent, or except as to such disclosure as may be reasonably required for the City to communicate with consultants and/or negotiate with Ecolo~%;, the United States Environmental Protection Agency ("EPA"), or other agency having jurisdiction over the Property. 6.8 The City agrees to indemnify and hold harmless Envirofil and its directors, officers, employees, agents and affiliates from all damages, claims, liabilities, liens, and expenses, including attorney's and consultant's fees, arising out of the City's activities pursuant hereto. 7. Contact with Ecolo?f and/or EPA. Envirofil agrees that all contacts with Ecology, EPA and any other regulatory agency with jurisdiction over the Property concerning contamination of the Property shall be made by the City, or its representatives; provided that the City shall advise Envirofil of all contacts in advance and shall consider in good faith the input and comments submitted by Envirofil. Envirofil agrees that it will not directly communicate or attempt to communicate with any regulatory agency with jurisdiction over the Property about matters relating to the contamination of the Property, except jointly with the City. In the event Envirofil is contacted in any way by a regulatory agency concerning contamination of the Property, Envirofil shall promptly notify the City of the contact, forward all documents concerning or comprising the contact to the City, and allow the City to reply to the agency, with the participation of Envirofil if it desires, if a reply is required. During the term of this Option, the City shall pay all costs of dealing with Ecology, EPA and any other regulatory agency with jurisdiction over the Property. 8. Exercise of Option. The City may exercise this Option at any time during the option term by giving Envirofil written notice of its intent to exercise this Option. 9. Cooperation. Envirofil shall, in good faith, cooperate with the City, at the City's expense, in the City's efforts to determine if the Property may be developed into a City park including signing property plans, plats, a consent decree approved for remediation of the Property and all documents incidental to and in furtherance thereof, zoning documents, and other similar documents, as long as such property plans, plats, consent decree, zoning and other documents only become effective if the City acquires title to the Property. 10. Closinq. The closing of this transaction (the "Closing") shall take place at the offices of the City Attorney (the "Escrow") on or before thirty (30) days after exercise of this Option by the City or at such other date as Envirofil and the City shall agree (the "Closing Date"). 5 10.1 At or prior to the Closing, Envirofil shall execute and deliver or cause to be delivered to Escrow the following documents: (a) Statutory Warranty Deed duly executed and acknowledged, conveying to the City the Property in fee simple, free and clear of any lien, encumbrance or exception other than the Permitted Exceptions; (b) An Owner's ALTA Standard Coverage Policy of Title Insurance issued by the Title Company in such amount as requested by the City conforming to the requirements of Paragraph 5.3 (the "Title Policy"); and (c) funds to pay all prorations to be paid by Envirofil at Closing, if any. 10.2 At or prior to Closing, the City shall deliver to Escrow the executed Hazardous Substances Remediation and Indemnification Agreement and funds to pay all closing costs and expenses to be paid by the City hereunder. 10.3 Real property taxes, utility charges constituting a lien on the Property, and assessments shall be prorated as of Closing. The City shall pay the premium for the Title Policy, the State of Washington real estate excise tax on the conveyance, if any, and the fee charged by the Escrow. 11. General Representations and Warranties of Envirofil. Envirofil represents and warrants to the City that, to the actual knowledge of Envirofil, each of the following is true as of the date hereof and shall be true as of the Closing Date: 11.1 Envirofil is the owner of the Property and has the power and authority to sell the Property as provided in this Agreement, and the granting of this Option and sale of the Property pursuant to this Agreement has been duly authorized by Envirofil. 11.2 There is no pending condemnation or similar proceedings affecting the Property, except as otherwise disclosed in the Title Commitment or otherwise disclosed to the City in writing prior to Closing. If Envirofil notifies the City of any such proceeding prior to Closing, the provisions of Paragraph 16 shall apply. 11.3 Envirofil has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments not yet due) attributable to the period prior to the Closing Date which, if not paid, could constitute a lien on the Property, or for which the City may be held liable after Closing. 11.4 Envirofil will use all reasonable efforts to fulfill all of the conditions of this Agreement which are within its power to fulfill. 11.5 Envirofil makes no representations or warranties express or implied regarding the Property other than those specified in this Agreement, and specifically, without limitation, makes no representation or warranty of any kind or nature concerning the environmental condition of the Property, 12. Representations, Warranties and Covenants of the City. The City represents and warrants to Envirofil that each of the following is true as of the date hereof and shall be true as of the Closing Date, and acknowledges and covenants as follows: 12.1 The City has the power and authority to enter into this Agreement and acquire the Property as provided in this Agreement and the execution of this Agreement and acquisition of the Property pursuant to this Agreement has been duly authorized by the City. 12.2 The execution and delivery of this Agreement by the City, the performance by the City of its obligations hereunder and the consummation of the transaction contemplated hereby will not conflict with or result in any breach or violation of any of the provisions of or constitute a default under any indenture, mortgage, charter, instrument, bylaw, law, regulation, judgment, injunction, order, writ or regulatory order or any other agreement or instrument to which the City is a party or by which it is bound nor will any consents or authorizations be required other than necessary to fulfill the rePresentations and warranties herein. 12.3 The City is aware that the Property has been used as industrial property and is contaminated with hazardous wastes and is fully aware that environmental remediation of the Property may be required. 12.4 Prior to exercise of this Option, the City shall inspect and test the Property to the extent the City deems necessary, shall become fully familiar with the physical condition and repair thereof, including any environmental/hazardous waste issues with the Property, shall rely on its own pre-closing inspections and investigations and shall accept the Property "AS IS, WHERE IS" and in its present condition, including anything relating to the environmental condition of the Property and hazardous substances on, in or under the Property, subject to reasonable use, wear, tear and natural deterioration between the date of this Agreement and.the Closing Date, without any change in the terms or conditions of this Agreement. 12.5 Prior to exercise of this Option, the City shall make such other examinations of all other matters affecting or ~relating to the Property and this transaction as the~City deems necessary. In entering into this Agreement and the Closing of the purchase of the Property, the City has not and will not have been induced by and has not relied and will not rely upon any representations, warranties, documents or statements, whether express or implied, made by Envirofil or any agent, employee or other representative of Envirofil or by any broker or any other person representing or purporting to represent Envirofil whether or not any such representations, warranties or statements were made in writing or orally, except for the representations and warranties set forth in Paragraph 11 of this Agreement. 12.6 The City will use all reasonable efforts to fulfill all of the conditions of this Agreement which are within its power to fulfill. 13. Covenants of Envirofil. 13.1 Envirofil shall not do or cause to be done anything that would cause any representation or warranty of Envirofil hereunder to be untrue. 13.2 During the term of this Option, Envirofil shall not sell, dispose of or encumber any portion of the Property, except for encumbrances that are removed from the Property at or prior to the Closing, and shall not accept any other offers or enter into any other contracts for the sale, exchange or transfer of the Property or any portion thereof. 14. Conditions Precedent to the City's Obligations to Close. The obligation of the City to consummate the transactions contemplated by this Agreement is subject to fulfillment of the following conditions at or prior to the Closing Date (unless waived in writing by the City): 14.1 The representations and warranties made by Envirofil herein shall be true and correct in all material respects at and as of Closing, and Envirofil shall have performed and complied in all material respects with all agreements, covenants and conditions contained in this Agreement required to be performed or complied with by Envirofil prior to or at Closing. 14.2 The Title Company has agreed to deliver at Closing the Title Policy insuring title to the Property in the City subject only to the Permitted Exceptions. 14.3 Envirofil shall have executed and delivered to Escrow the Deed and any other documents and instruments necessary 8 for Envirofil to perform all of its obligations under this Agreement. 14.4 Envirofil shall have paid its share of the Closing costs and prorations required hereunder. If all of the above conditions are not satisfied at or prior to Closing, the City may terminate this Agreement by notice to Envirofil unless the City and Envirofil agree to extend the term of this Option. 15. Conditions Precedent to Envirofil's Obligations to Close. The obligation of Envirofil to consummate the transactions contemplated by this Agreement is subject to fulfillment of the following conditions at or prior to the Closing Date (unless waived in writing by the Envirofil) : 15.1 The City shall have executed and delivered to the Escrow the Indemnity Agreement and its share of the Closing costs and prorations required hereunder. 15.2 The City shall have performed its all of its obligations hereunder. If all of the above conditions are not satisfied at or prior to Closing, Envirofil may terminate this Agreement by notice to the City unless the City and Envirofil agree to extend the term of this Option. 16. Condemnation. If prior to the Closing Date, all or any part of the Property shall be taken by condemnation in any proceeding by a governmental authority or other entity vested with the power of eminent domain or shall be acquired for public or quasi-public purposes or condemnation proceedings therefor shall have been instituted, then the City or Envirofil may elect to terminate this Agreement by giving the other party notice to such effect within thirty (30) days after the City receives notice of such occurrence and upon such termination Envirofil and the City shall have no further rights or obligations hereunder. If the City or Envirofil do not elect to so terminate, this Agreement shall remain in full force and effect and Envirofil shall, on the Closing Date, sell, transfer and assign to the City the Property and Envirofil shall be entitled to any award paid or payable for such taking. 17. Risk of Loss or Damaq~. Upon a significant loss of or significant damage to the Property, or a material portion thereof, by flood, earthquake or other calamity prior to the Closing Date, the City may elect either to terminate this Agreement, or to purchase the Property in the condition existing on the Closing Date. 9 18. Attorney.~' Fees. If a suit or action is filed to enforce, interpret or seek damages for the breach of this Agreement, the prevailing party shall be reimbursed by the nonprevailing party for all costs and expenses incurred in connection with such suit or action, including, without limitation, reasonable attorneys' fees and costs at trial and on appeal. 19. Default. If either party shall be in default of any of its obligations hereunder, the other party may, at that party's option, (i) terminate this Agreement by written notice delivered to the defaulting party at or prior to the Closing, (ii) enforce specific performance of this Agreement against the defaulting party and (iii) institute an action for all damages against the defaulting party. 20. Charitable Transfer. Envirofil and the City acknowledge and agree that if the City exercises this Option and the fair market value of the Property is determined to be in excess of the obligations assumed by the City hereunder, Envirofil may treat the acquisition of the Property by the City as a charitable contribution of the Property to the City by Envirofil to the extent allowed by law. 21. Notices. Ail notices, requests, demands and other communications in connection with this Agreement shall be in writing and furnished to the other party at its address listed below (or at such other address as may be specified from time to time by notice) and shall be deemed to have been duly given if delivered personally, sent via facsimile transmission or sent by certified or registered mail, postage prepaid, to the following respective addresses or at such other address as a party shall have last designated by notice to the other: If to Envirofil: Robert J. Berres, Jr. P.O. Box 990 Bremerton, Washington 98337 Fax No. (360) 479-1772 10 If to the City: Department of Public Works & Utilities 3027 Olympus Drive 8remert0n, WA 98310 Att: W. Eugene Sample¥~ Dir~ct0r Fax No. (360~ 478-5018 Notices, requests, demands and other communications sent by certified or registered mail shall be deemed given when delivered or, if earlier, three days after mailing. 22. Entire Aqreement. This Agreement sets forth the entire agreement of the parties as to the subject matter hereof and supersedes all prior discussions and understandings between them. This Agreement may not be amended or rescinded in any manner except by an instrument in writing signed by a duly authorized officer or representative of each party hereto. 23. Survival. The representations, warranties, covenants and agreements of Envirofil and the City contained in this Agreement shall survive the Closing of the transaction contemplated hereunder and delivery of the deed pursuant hereto. 24. Enforcement. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision in any other instance. 25. Amendments. This Agreement may be amended or modified only by a written instrument executed by Envirofil and the City. 26. Expenses. In addition to all costs of testing of the Property and dealing with the agencies which the City shall pay during the term of this Option, each party to this Agreement shall pay its own expenses (including, without limitation, the fees and expenses of its agents, representatives, counsel, consultants and accountants) incidental to the preparation and consummation of this Agreement and transaction. 27. Binding Effect. Ail rights and obligations arising out of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided that no party shall have the right to assign any of its' rights or obligations hereunder without the prior written consent of the other party. 28. Time. Time is of the essence in each and evez-y covenant and condition of this Agreement. 29. Captions. The captions and section headings hereof are inserted for convenience only and do not limit or expand the meaning of any section. 30. Severability. If any of the provision of this Agreement is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Agreement shall nonetheless remain in full force and effect unless striking such provision shall materially alter the intention of the parties. 31. Governinq Law. This Agreement shall be construed according to the laws of the State of Washington. Each party hereby consents to jurisdiction and venue for any action commenced to enforce this Agreement in the County of Kitsap, State of Washington. 32. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 33. Facsimile Transmissions. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the Escrow Agent, the parties will confirm facsimile transmitted signatures by signing an original document. 34. Equal Participation in Drafting. The parties have participated in and have had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party based on a claim that the party drafted the ambiguous language. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement. Dated: ENVIROFIL, INC. By Its Dated: ~-~.~ !~. q W, EUGENE $A"P~' Its MAYOR Director of Public Works & Utilities THE CITY OF BREMERTON, a municipal corporation 12 HAZARDOUS SUBSTANCES REMEDIATION AND INDEMNIFICATION AGREEMENT THIS AGREEMENT is made this 25 day of November , 1996 by THE CITY OF BREMERTON, a municipal corporation ("the City"), and ENVIROFIL INC., a Delaware Corporation ("Envirofil"). RECITALS A. Envirofil was the prior owner of the property located in Bremerton, Washington and legally described as set forth on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). B. The Property is contaminated with hazardous substances at such levels that the Washington State Department of Ecology ("Ecology") may require the Property to be remediated. C. The City has negotiated and agreed upon terms of a Consent Decree (the "Consent Decree") with Ecology pursuant to which the Property will be remediated to a condition which will allow its development and use for park and recreational purposes. D. Simultaneous with the parties' execution hereof, the City has acquired the Property from Envirofil, to develop it for park and recreational purposes in accordance with the City's comprehensive park plan, in exchange for the City's agreement to assume all obligations relating to or arising from the Property, including those arising from the environmental condition of the Property. E. The parties wish to state their understanding regarding their respective rights and responsibilities for future testing and remediation, as well as potential claims, damages and expenses relating to contamination on, in, under, about or from the Property. AGREEMENTS For good and valuable consideration, the parties agree as follows: 1. Definitions. The following terms have the following meanings: "Hazardous Materials" means any and all (a) oil, petroleum products, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which 37 (i) pose a hazard to the Property or to persons on, about or around the Property or (ii) cause the Property to be in violation of any Hazardous Materials Laws; (b) asbestos in any form which is or could become friable or which is deemed hazardous under any applicable law, urea formaldehyde, foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) chemicals, materials and substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous waste," "restricted hazardous waste," "dangerous waste" or "toxic substances" or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; and any substance designated as a "hazardous substance" under RCW Chapter 70.105D; (d) (e) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Property or the owners or occupants of property adjacent to or surrounding the Property, or any other person coming upon the Property or adjacent property; and any other chemical, material or substance which may or could pose a hazard to the environment. "Hazardous Materials Claims" means any and all (i) costs and expenses arising directly or indirectly from the environmental condition of the Property or remediation of the Property pursuant to the Consent Decree or otherwise, (ii) enforcement, cleanup, removal, remedial or other governmental or regulatory 2 information in which to evaluate the claim and information provided and to accept or reject the tender by written notice to Envirofil. The City's failure to respond within that period 'shall be deemed acceptance of the claim. 5. Riqht to Control Remediation and Defense. Subject to the terms of the Consent Decree, the City shall have the right to conduct the remediation of the Property in the manner of its choosing, in its sole discretion, at its expense. The City shall have the right to appoint counsel, reasonably acceptable to Envirofil, and control the defense of any litigation or other proceeding to the extent this Indemnity applies thereto; provided, however, that the City shall not have the authority to confess judgment or admit liability on behalf of Envirofil, or make any agreement which requires any action or payment of funds by Envirofil without Envirofil's prior written consent. 6. Attorneys' Fees. If a suit or action is filed to enforce, interpret or seek damages for the breach of this Agreement, the prevailing party shall be reimbursed by the nonprevailing party for all costs and expenses incurred in connection with such suit or action, including, without limitation, reasonable attorneys' fees and costs at trial and on appeal. 7. Notices. Ail notices, requests, demands and other communications in connection with this Agreement shall be in writing and furnished to the other party at its address listed below (or at such other address as may be specified from time to time by notice) and shall be deemed to have been duly given if delivered personally, sent via facsimile transmission or sent by certified or registered mail, postage prepaid, to the following respective addresses or at such other address as a party shall have last designated by notice to the other: If to Envirofil: Robert J. Berres, Jr. P.O. Box 990 Bremerton, Washington 98337 Fax No. (360) 479-1772 If to the City: Department of Public Works & Utilitie~ 3027 Olympus Drive Bremerton, WA 98310 Att: W. Eugene Sampley, Director Fax No. (3S0) 478-5018 Notices, requests, demands and other communications sent by certified or registered mail shall be deemed given when delivered or, if earlier, three days after mailing. 8. Miscellaneous. 4 a. Governinq Law. This Agreement Shall be governed by and construed in accordance with the laws of the State of Washington. b. Entire Aqreement. This Agreement constitutes the entire agreement between the parties and cannot be changed or modified other than by a written agreement executed by both parties. c. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. d. Authority. The parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. Any person executing this Agreement in a representative capacity hereby represents and warrants that he or she has full power and authority to bind his or her party. e. Equal Participation in Drafting. The parties have participated in and have had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party based on a claim that the party drafted the ambiguous language. f. Effective Date. The Effective Date of this Agreement shall be the date when all parties have fully executed this Agreement. EXECUTED as of the day and year first above written. Date:~ ENVIROFIL, By: Its: DEPA~~L: W. E~GEN~ S~MPI~ D±~ecto~ o~ Pubiic Works & Ut±iities A~~D. TO FORM: IAN R~ SIEVERS, City Attorney 5 THE CITY OF BREMERTON, a Municipal corporation 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL POSITION UPGRADE PARKS & RECREATION FOR AGENDA OF: 27 May 1998 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Interim Director DATE SUBMITTED: 19 May 1998 2. CLEARANCES: ~- ] 3. EXH]BITS: (Comment on back ifnecessary)~ · ' ~ Parks & Recreation Director~ A. Letter, Schneider to Spencer, dated 2/4/98, Treasurer."-//~f__~~ subject: Classification Study Human Resources, Director: ~ .;.4-,A ~r~) .... __~; Budget Adjustment 98- 17 Operation~.-/ - ' ENDORSEMENT ~' INFORMATION APPROVED BY COUNCIL P~DEN~. FO~UBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A Classification Study was performed on one of the two Recreation Program Coordinator I positions authorized in the 1998 Staffing Levels. The review concluded that one of the positions should be classified as a Recreation Program Coordinator II position. It is impossible to delegate responsibilities to other staff members without impacting programs. RECOMMENDATION: MOtion to approvVt)~' upgrading of one Recreation Program coordinator I position to Recreation Program Coordinator II position. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Jim Spencer Jim Spencer PULLED TABLED COUNCIL DIRECTIVE: I0. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 4-3 CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: We would remain in non-compliance with the determination reached by thc Civil Service Officer regarding this position. IMPACT ON STAFFING~ BUDGETS~ FACILITIES: EQUIPMENT OR OTHER RESOURCES: The increase in personnel costs associated with this new Rec II position can be absorbed within 1998 budgeted allocations due to offsetting personnel actions within the Department. 7. RESEARCH SOURCES: CITY OF BREMERTON _ Requesting Department: BUDGET ADJUSTMENT REQUEST PARK DEPT. Adjustment Number: 98-17 Approval Authority Required: '-]Treasurer SOURCE OF FUNDS: Reduce: One Rec. Program Co-Ord. I [-~Mayor r- Position Fiscal & Budget USE OF FUNDS: r-~Council Increase: One Rec. Program Co-Ord. II Position NARRATIVE: This adjustment will change the authorized staffing of the Parks Dept. by upgrading one position. The change is proposed after a position review by the Civil Service Officer. No additional expenditure authority is requested. Department Head Signature Treasurer Comments: Date ,~/~frector Signatur~...~/ r----] Recommended ~ Not Recommended Mayor Comments: Treasurer'~~u Recommended ~ Not Recommended Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Signature Date ['--~ Approved Denied Date HUMAN RESOURCES DEPARTMENT Charlotte Belmore Barbara Forbes Jim Meith Virginia Schneider 239 4th Street · Bremerton, WA 98337 · (360) 478-5846 · FAX (360) 478-516! · JOB LINE (360) 478-5241 February 4, 1998 From: Virginia A. Schneider, CMl Service OflScer~ To: Jim Spencer, Director, Parks and Recreation Department Subj: Classification Study - Recreation Program Coordinator I/Recreation Program Coordinator 11 I have completed my review of the Recreation Program Coordinator I position in the Parks and Recreation Department.. I have determined that the position in question should be reclassified as a Recreation Program Coordinator 1I position. Attached is my report and recommendation. If you have any questions please don~t hesitate to contact me at (360) 478-5926. NOTE: Changes in position status which impact the incumbent must conform to Civil Service Rule 7.09 C and be posted for fifteen days once the changes are approved by the City Council. It is the responsibility of the appointing authority to notify the Civil Service Officer that a posting is needed. Equal Opportunity Employer AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Proposed Professional Services Agreements and Proposed Professional Services Extension of Retained Legal Services FOR AGENDA OF: May 27, 1998 ORIGINATING DEPT: Legal Department ORIGINATOR: Glenna Malanca City Attorney DATE SUBMITTED: May 22, 1998 ~f necessary) ~OUNCIL OPERATIONS COMMITTEE FISCAL & BUDGET COlv~TTEE"~..,.~ ENDORSEMENT~ INFORMATION [] 3. EXHIBITS: Proposed Professional Services Agromaents Proposed Professional Services F~xtension APPROVED BY COUNCIl. PRESIDEI~ FOR SUBMITTAL: COUNCIL PRESIDENT (~f~/~ ~L/k 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City Attorney has requested that the following fu-ms be allowed to handle matters on the City's behalf, including Bond Counsel and complex litigation defense. It would be in the best interest of the City to approve the following: Professional Services Agreement: Williams, Kasmer & Gibbs Gottlieb, Fisher & Andrews Professional Services Extension: Larson, Hart & Shepherd 8. RECOMMENDATION: Approve the Professional Services Agreements for Williams, Kasmer & Gibbs and Gottlieb, Fisher & Andrews and the Professional Service Extension for Larson, Hart & Shepherd. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFHCIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [J AMENDED ~ DATE: COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: /.5- 5. IMPACT OF NON-PASSAGE: Inappropriate representation of the City in legal and £mancial matters and litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHF. R RESOURCES: Currently within budget line item. 7. RESEARCH SOURCES: N/A 85/15/1998 13:57 36047851B1 BREMERTON LEGAL DEPT PAGE 02 PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - E~tension This ~nent is by and I~ween the City ofBremerton (here.,in~er 'City") and Larson Hart Shepherd Cnereina~er 'Ret~in~l Count'); ~nd i~ made and entered into pursuant to the pmvisiorus of Cluspter 39.34 RCW. ~ITNESSETH: WHEREAS. the parties entered into a one year professional services agreement for legal services to be provided to the City by Retained Counsel on June 1, 1997; and WHI:~n~, th~ parties extend th~ agr~nt for one (1) NOW THEREFORE, in consideration of'the mulu~l covenant hereinafter stated, the parties h~o aS~o as follow~: 1. Section I. Scope is mended to include: City of Bremcrton et al Cause t~C97-5330RJB 2, Section l~, Compensation is amended to include.' ($]5,000.00). The total amoun~ of this agreemet~t shall n~t exceed Fffieen Thousand Dollars This amount will cove~ the final billing amounts nnd any possible delayed costs not yet All other Terms nad conditions of the parties June 1. 1997 Prof~sional Services Agre~mcm shall remain in full force and effect unless inconsistent with this ngreement. Dat~ BY: ,~~F_.D AS TO FOKM: City Atrophy Date aEC£1VF. D FOR FILINO: CITY OF BR.EMERTON LYNN S. HORTON, Mayor KATI41~N Ms~LIJ-~KEY. CiTY Cl~RK PROFESSIONAL SERVICES EXTENSION ~1 ,E:cr -NN AOMTS 1 05/15/98 FRI 12:53 [TX/RX NO 8229] PROFESSIONAL SERVICES AGREEMENT Retained. Counsel/Williams, Kastner & Gibbs PLLC THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafte~ referred to as "City") and the law firm of Williams, Kastner & Gibbs, (hereinafter referred to as "Retained Counsel"). W I TNE S S E T H: 1. SCOPE: Retained Counsel agrees to provide legal services as assigned by the City Attorney. 2. TERM: Contract shall commence on May 1, 1998, and will continue until terminated, in writing, by either party. 3. COMPENSATION: following hourly rates: City shall pay Retained Counsel the Sheryl Willert Senior Associates Junior Associates One Hundred Eighty-five Dollars ($185.00) One Hundred Seventy Dollars ($170.00) One Hundred Sixty Dollars ($160.00) for all services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rates. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit regulam statements for related work, describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The pasties understand and agree that Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of PROFESSIONAL SERVICES AGREEMENT --1-- WILL~T.PSA ~ ~ A~TS 1 - 5/11/98 expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the direction of the Breme~ton City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. 7. INSURANCE AND HOLD HARMI,RSS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 o~ this Agreement a policy of professional liability insurance, providing coverage of at least $500,000.00 against professional liability for errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be pr_ovided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Retained Counsel agrees to save and hold the City, its personnel and officials, harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of Retained Counsel's personnel relating to the performance of this agreement. 8. GENERAL COND I T IONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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- WI~. PSA - NN AGeS 1 -' 5/11/98 these are no other agseements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The pasties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both pasties. d. Notices - Any notices required to be given by the City to Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Sheryl Willert Williams, Kastner & Gibbs PLLC P.O. Box 21926 Seattle, WA. 98111-6600 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 powes at any time be taken to be a waiver of any other breach. f. Compliance with. State, Local and Federal Laws - Retained Counsel agrees to comply with all applicable local, state and federal, laws in perfosmance 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: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. 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 PROFESSIONAL SERVICES AGREEMENT -3- WILLERT. PSA - NN AGMTS 1 - 5/11/98 which Retained Counsel 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. WILLIAMS, KASTNER & GIBBS PLLC Date: BY: SHERYL WILLERT CITY OF BREMERTON Date: BY: A~PROVED AS TO FORM: LYNN S. HORTON, Mayor GLENNAMALANCA, Bremerton City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CLERK PROFESSIONAL SERVICES AGREEMENT -4- WTLT.~.~{T.PSA - NN AC-~M~S 1 - 5/11/98 PROFESSIONAL SERVICES AGREEMENT Retained Counsel/Gottlieb Fisher & Andrews THIS AGREEMENT is between the City of Bremerton, a municipal corporation, (hereinafter referred to as "City") and the law firm of Gottlieb Fisher & Andrews, (hereinafter referred to as "Retained Counsel"). W I T N E S S E T H: 1. SCOPE: Retained Counsel agrees to provide bond counsel, as described in Exhibit "A" and related legal services. 2. TEi~4: Contract shall commence on May 1, 1998, and will continue until terminated, in writing, by either party. 3. COMPENSATION: City shall pay Retained Counsel as stated in Exhibit "B" for all services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. Ail needed secretarial and support staff services are included in said hourly rates. The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of- pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Bond Counsel services shall be paid from the proceeds of the issue at the time of closing. Retained Counsel shall submit regular statements for related work, not including bond issues, describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Retained Counsel are attorneys skilled in matters pertaining to the practice of law and will perform independent functions and responsibilities in the area of their particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. Within the performance of these duties, Retained Counsel shall work under the PROFESSIONAL SERVICES AGREEMENT --1-- ANDREWS.PSA - NN AGMTS 1 - 5/14/98 direction of the Bremerton City Treasurer for Bond Counsel services and the Bremerton City Attorney for related work. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE: Retained Counsel shall possess any regulatory license required to fulfill Retained Counsel's obligations under this Agreement.. 7. INSURANCE AND HOLD HARM~.RSS: Prior to and during the performance of the work covered by this Agreement, Retained Counsel 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 $500,000.00 against pro~essional liability for errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Retained Counsel agrees to save and hold the City, its personnel and officials, harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of Retained Counsel's personnel relating to the performance of this agreement. 8. GENERAL CONDITIONS: a. Reports and Information - Retained Counsel, 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. Retained Counsel will maintain accounting records in accordance with generally accepted accounting principals 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. PROFESSIONAL SERVICES AGREEMENT -2- ANDREWS.PSA - NN AGMTS 1 - 5/14/98 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 Retained Counsel or by Retained Counsel to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Foumth St. Bremerton, WA. 98337 Judy Andrews Gottlieb Fisher & Amdrews 1325 Fourth Avenue, Suite 1200 Seattle, WA. 98101-2509 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 - Retained Counsel agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agmeement 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: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. 10. TEPR~INATION: 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 Retained Counsel is advising the City as of the effective PROFESSIONAL SERVICES AGREEMENT -3- ~DREWS. PSk- NN AGeS 1 - 5/14/98 date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. GOTTLIEB FISHER & ANDREWS Date: BY: JUDY ANDREWS CITY OF BREMERTON Date: BY: APPROVED AS TO FORM: LYNN S. HORTON, Mayor GLENNAMALA/qCA, Bremerton City Attorney RECEIVED FOR FILING: ]CZ~.~MT~mN Lz McCLUSKEY~ CLERK PROFESSIONAL SERVICES AGREEMENT -4- ANDREWS.~SA - NN AGMTS 1 - 5/14/98 EXHIBIT NO. "_ SCOPE OF WORK Provide written and oral instructions and advice to the City covering the procedural and legal requirements for the financing, as recluestet~ Coordinate with the appropriate City officials and agents, and attend meetings as requested and consult with the City's undexwfiters and other consultants, as requested. lh-epare the resolution, notices and other documents necessapy for the timely issuance and sale of'an .issue of bonds. Review and assist in the negotiation of purchase contracts, and revi~,, plm. llminsry axial ~ official statements to ensure that the documents are complete and accurate concerning lxocedural and legal martin's (but not rmd~r a "due diligence" opinion). Aasist the City in understanding and meeting its ~ offering di~losuxe obligations with respect to a bond issue under SEC Rule 15c~- 12. Provide the legal opinions regarding the due authorimtion and validity of a bond issue and ks tax-exempt status. Prepare form 8038-G information reports required by the Internal Revenue Service and certifications of City ottieiais relative to a~bitrage restrictions and rebate. If'bonds will not be printed, prepare bonds and arrange for execution by appropriate City officials. If bonds will be printed, review bond proofs to ensure accuracy and arrange for execution of printed bonds by facsimile signature. Preside over bond dosing and prepare all final dosing documents. Afle~ delivery of the bonds, provide bound copies of ali certificates, resolution ami affidavits associated with the bond sale. EXHIBIT NO." _" ~Proposed Fees for Bond Counsel and As~o.ciated Services to the C. itv of Bremerton A. General Obligation Bond Base Fee Schedule, Per Issue: [ssue Size $0- $10,000,000 $10,000,001 - $ 20,000,00O $20,000,00! - $ $0,000,000 $50,00o,o01 - $~ 00,00o,ooo Over $100,000.000 Tax Exempt G.O. Bonds $ 4,5OO plus $ 9,5OO plus $14,000 plus 524,500 plus $39,500 plus Amount/S1,000 over M-mimum 50~/$1,000 over $ 0 45¢/$1,000 over $ I0,000,000 35~J$I,000 over $ 20,000,000 30ff$1,000 overs 50,000,000 25¢/$1,000 over $100,000,000 B, Adj~tment~, Per I~sue: (1) Special ~eat Bonds (2) Kc-venue Bonds (3) lnterim fmanchag, Bond A~ticipation Notes TaxAntidpation Notes (5) Negotiated Sale (6) Refunding Issue (7) Taxable Issue (8) Other Cmsured, credit enhancements, variable rate~ etc.) I00% of G.O. Bond base fee 133% ofG. O. Bond base fee (~Revenue Bond base fee") 50% ofG. O. Bond base fee ifG. O. BANs or Special A~-~meut BANs; 50% of Reve~e Bond base fee ifreveaue BANs 67% ofG. O. Bond base fee No ~xtra charge No extra charge for current tel:reading not invo[vix~ escro~c, 125% ofG. O. Bond ba~e fee ifG. O. Bond or Special Assc~,~ent Bond advaa~ rafundin~ 125% of Revenue Bond base fee ifRevenue Bond advance refimfling 67% ofG. O. Bond base fee (a) Bond insurance-~o extra charge (b) Other credit enhancemera or liquidity facility, or single interest ra~ mode "put" bor~ without liquidity facality-- 133% ofapplicabh G.O. Bond or Revenue Bond base fee (c) Variable rate bonds: (~) single variable rate mode---no extra charge, ('n~) two or more variable rate modes: 150% of applicable G.O. Bond or Revenue Bond base fee (d) Bonds invotving"derivaive products" (e.g., "swap" agreemeats, inverse"floaters," etc.): 150°/0 ofbase fee Ir'two or more of these adjustments can be applied to the same debt issue (e.g., for an advance refunding backed by a letter of credit), we would apply the adjustment resulting in the highest fee. OTHER LEGAL WORK IS BILLED AT $160 PER ATTORNEY HOUR. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance amending BMC Section 6.04.066 to include recovery of administrative fees for garbage abatements. FOR AGENDA OF: Maya 1998 ORIGINATING DEPT.: Buildin~ Dept. ORIGINATOR: Judy Johnson ~ DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. necessary.) ~ity Clerk. C--~:~ty Attorney: ~--~'Fiscai/Budget Comm./: Operations EDam: EXHIBITS: 1. Ordinance # ENDORSEMENT ~__ INFORMATION w APPROVED BY COUNCIL PRES~ENT FOR, SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RCW ;}5.22.320 allows the City to abate garbage and debris on private property and assess abatement costs as a lien against~p~rivate property. Part of the cost of abatement is the cost of staff time to perform the garbage abateme, n.t .~ess, including inspections, letters, posting, and publishing notices. Approval of this ordinance would place~.the burden of these costs on the violators. · RECOMMENDATION: It is recommended Hiat Council, by Ordinance # '~ , allow administrative fees, as set by resolution, to be collected for garbage abatement actions. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION __ APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The taxpayers of the City would pay the administrative costs incurred for garbage abatement on private property. 6. IMPACT ON'STAFFInG, ~B~DG~T~.?-FACILITIES. EQUIPMENT OR OTHER .RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A ORDINANCE NO. An ordinance amending BMC 6.04.066 to include recovery of administrative costs. WItEREAS, RCW 35.22.320 allows the City to abate garbage and debris on private property and assess abatement costs as a lien against private property; now therefore, The City of Bremerton Does Ordain: Section 1. Amendment. Section 6.04.066 of the Bremerton Municipal code is hereby amended to read as follows: (a) Account of Expense. The Building Official shall keep an itemized account of expense incurred for the removal of rubbish or garbage from a property and the administrative costs incidental to abatement as set by council resolution. Upon completion of the work, the Building Official shall prepare and file with the City Clerk, a report specifying the work done, the itemized total cost of the work, including administrative charge, a description of the property upon which garbage or rubbish was removed, and the name and addresses of the owner or agent, and occupant or tenant if known. APPROVED by the City Council of the City of Bremerton this 1998. day of PASSED by the City Council of the City of Bremerton this day of ,1998. DAVID FARR, Council President APPROVED this day of , 1998. ATTEST: LYNN HORTON, Mayor PAULA JOHNSTON, Deputy City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance amending BMC Section 9.14.050 to include recovery of administrative fees for weed abatements. FOR AGENDA OF: Mav-2~ 1998 ORIGINAThNG DEPT.: Building Dept. ORIGINATOR: Judy Johnson ~ DATE SUBMITTED: 2. CLEARANCES: .(Comment on back if 3. necessary) ~ ~C~t~ Clerk? (~ty Attorney: _~..~~ _ ~ x]~iscal/Budget Co~m/.:. Operations Comm: ENDORSEMENT X ~FO~TION EXHIBITS: 1. Ordinance # '~ ~-~7 APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RCW 35.21.310 allows the City to abate vegetation which is a fire hazard or public nuisance and assess abatement costs as a lien against private property. Part of the cost of abatement is the cost of staff time to perform the weed abatement process, including inspections, letters, posting, and publishing notices. Approval of this ordinance would place the burden of these costs on the violators. RECO_MI~I_ ENDATION: ~v'~c~ It is recommended that Council, by Ordinance # ~,~.'7, allow administrative fees, as set by resolution, to be collected for weed abatement actions. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED ~ AMENDED DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The taxpayers of the City would pay the costs incurred for weed abatement on private property. IMPACT ON STAFFING, BUDG. E~S, .F~CILITIES, EQUIPMENT OR OT. HFJR Rg~A)URCl~S: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A ORDINANCE NO. -~ An ordinance amending BMC 9.14.050 to include recovery of administrative costs. WHEREAS, RCW 35.21.310 allows the City to abate vegetation which is a fire hazard or public nuisance and assess abatement costs as a lien against private property; and WHEREAS, BMC 9.14.050 makes reference to Chapter 113, Laws of Washington, 1949, a prior enactment, rather than the current RCW 35.21.310, and the most current reference should be utilized by the City; now therefore, The City of Bremerton Does Ordain: Section 1. Amendment. Section 9.14.050 of the Bremerton Municipal code is hereby amended to read as follows: That whenever, at%r authorization by resolution of the city council, any trees, plants, shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the removal or destruction thereof shall keep an accurate record of the necessary costs, including administrative charge, and shall become a charge against the owner and a lien against the property as authorized by r~,~..,.v,~. 1 ~,J ~ ~..~c~,,~ t ~.. ...... v,~T~:~.~. ~ c~ . . ............ ~....,, .... RCW 35 21 310~ as now or hereafter amended. APPROVED by the City Council of the City of Bremerton this 1998. day of PASSED by the City Council of the City of Bremerton this day of , 1998. DAVID FARR, Council President APPROVED this day of , 1998. ATTEST: LYNN HORTON, Mayor PAULA JOHNSTON, Deputy City Clerk 1. SUBJECT: ORDINANCE NO. AMENDING THE lgg8 BUDGET AGENDA BILL BREMERTON CITY COUNCil FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 05/27/98 R. Ha~ 2. CLEARANC~{~ C_omment,~f back if necessary) 3. EXHIBITS: Proposed Ordinance Summary of Adjustments Budget Adjustments #98-1 thru #98-20 ENDORSEMENTS ~ INFORMATION APPROVED BY COUNCIL PR~DEN ,T~OR SUBMITTAL: COUNCIL PRESIDENT 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Numerous events have'occurred since passage of the City's 1998 budget which require adjustment so that the budget continue to accurately reflect the financial operating plans of the City. Passage of the proposed ordinance will incorpo the changes identified to date. RECOMMENDATION: Motion to approve the ordinance amending the budget on first reading. Motion to pass Ordinance No. ~ on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer ,, Mayor 12/31/98 N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDE~ 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City's budget will not be consistent with the several adjustments which have occurred to date. Departments will lack necessary expenditure to carry out several contracts and projects which have been previously approved, 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: As indicated on the attached documents. 7. RESEARCH SOURCES: Budget adjustments processed to date for 1998. ORDINANCE NO. AN ORDINANCE amending Ordinance No. 4615 relating to the budget of the City of Bremerton for Fiscal Year 1998 THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: Section 1 of Ordinance No. 4615 is hereby amended as follows: That the financial budget for the City of Bremerton, to with: "Official Budget for the year 1998, City of Bremerton", now on file in the office of the City Clerk of the City of Bremerton, be and the same is hereby approved and adopted, and the respective amounts provided for in said budget for the several funds of the City of Bremerton, be and the same are hereby fixed and adopted as follows: FUND# 001 101 102 103 104 105 106 108 109 110 112 201 307 401 407 451 481 503 510 601 621 622 623 624 ESTIMATED REVENUES AND EXPENDITURES FOR THE YEAR 1998 GRAND TOTAL ESTIMATED REVENUES AND EXPENDITURES: DESCRIFrION AMOUNT General ............................................................................. $22, ! 16,127 Arterial Street ..................................................................... 14,217,510 Street .................................................................................... 1,923,~9 Contingency Reserve ............................................................... 743,000 Civic Improvement/Stadium ...................................................... 95,~ Parking System Revenue ......................................................... 690,073 Community Development Block Grant .................................. 2,349,365 Abatement Revolving Fund ....................................................... 67,500 Real Estate Transfer Tax ......................................................... ~72,~27 Police Special Projects ............................................................... 68,200 Parks Facility Construction ..................................................... ~ Bond Fund ............................................................................ 1,097, 919 Fire Department Capital .......................................................... 208,500 Water Operating ................................................................. 15,601,240 Municipal Golf Course .......................................................... 3,021,800 Wastewater Operating ......................................................... 13,105,050 Stormwater Operating ...................................................... 1,469,730 Risk Management ................................................................. 2,352,700 Equipment Rental Reserve .................................................... 2,122,219 Cemetery Perpetual Care ......................................................... 128,000 Local Improvement District Guaranty ....................................... 50,000 Roesevelt Capital Asset ........................................................... 726,000 Gift and Donation Fund ............................................................ 40,229 Employee Medical Insurance Reserve ...................................... 390,000 $$5/.27,225 23,214,777 1,979,750 115,000 490,927 391,546 3,141,319 $85,660,135 Of the total revenue, the sum of $5,414,897 is the estimated mount to be received from a $4.0685 levy per $1,000 of assessed valuation of all property within the city limits of the City of Bremerton as set forth in Ordinance No. 4613. APPROVED by the City Council on the first reading this day of May, 1998. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this day of June, 1998. DAVID FARR, Council President APPROVED this day of June, 1998 LYNN HORTON, Mayor ATrEST: KATHY MCCLUSKEY, City Clerk EFFECTIVE DATE: PUBLISHED: ORDINANCE NO: 1998 AMENDING ORDINANCE NO. 1 SUMMARY OF BUDGET ADJUSTMENTS 001 GENERAL 101 ARTERIAL STREET 102 STREET 103 CONTINGENCY RESERVE 104 CIVIC IMPROVEMENT/STADIUM 105 PARKING SYSTEM REVENUE 106 COMMUNITY DEVELOPMENT BLOCK GRANT 108 ABATEMENT REVOLVING FUND 109 REAL ESTATE TRANSFER TAX 110 POLICE SPECIAL PROJECTS 112 PARKS FACILITY CONSTRUCTION 201 BOND FUND 307 FIRE DEPARTMENT CAPITAL 401 WATER OPERATING 407 MUNICIPAL GOLF COURSE 451 WASTEWATER OPERATING 481 STORMWATER OPERATING 503 RISK MANAGEMENT 510 EQUIPMENT RENTAL RESERVE 601 CEMETERY PERPETUAL CARE 621 LOCAL IMPROVEMENT DISTRICT GUARANTY 622 ROOSEVELT CAPITAL ASSET 623 GIFT AND DONATION FUND 624 EMPLOYEE MEDICAL INSURANCE RES. TOTAL CURRENT 1998 BUDGET 23,116,127 14,217,510 1,923,000 743,000 95,000 690,073 2,349,365 67,500 472,427 68,200 381,546 1,097,919 208,500 15,601,240 3,021,800 13,105,050 1,469,730 2,352,700 3,122,319 128,000 50,000 726,000 40,229 390,000 $85,437,235 NET ADJUSTMENTS $98,650 56,750 20,000 18,500 10,000 19,000 $222,900 AMENDED BUDGET 23,214,777 14,217,510 1,979,750 743,000 115,000 690,073 2,349,365 67,500 490,927 68,200 391,546 1,097,919 208,500 15,601,240 3,021,800 13,105,050 1,469,730 2,352,700 3,141,319 128,000 50,000 726,000 40,229 390,000 $85,660,135 Requesting Department: Personnel r Approval Authority Required: r-'~Treasurer CITY OF BREMERTON - BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-1 SOURCE OF FUNDS: Increase Beginning Cash Mayor 31,000 Fiscal & Budget USE OF FUNDS: Increase Personnel Cost r~c°uncil I Amount 31,000 N~hRfRsAa~ljuVsE~ment will add one Office Assistant Senior position to the Hur/~ cost of that position from March 1, 1~8. ' 'Mayor Comments: (~X~, ~ /~re~rer's Si~lnature Fiscal & Budget Cor~mittee Comments: ~ources Dept. and provide for the Date Date Date Recommended r----] Not Recommended Approved ~ Denied Fiscal & Budget Committee Signature Date Requesting Department: CITY OF BREMERTON ._ BUDGET ADJUSTMENT REQUEST Engineering Adjustment Number: 98-2 I Approval Authority Required: [--~Treasurer SOURCE OF FUNDS: Reduce: Supplies & Services r'~Mayor Amount 9,000 r'- Fiscal & Budget USE OF FUNDS: Descriotion Increase: Computer capital [-'~Council Amount 9,000 NARRATIVE: The current Engineering Dept. budget includes $30,000 for GIS mapping. AIl~ of the money was budgeted as supplies & services, $9,000 of this needs to be redesignated as capital to permit purchase of two computers to perform the necessary work. Department Head Si~lnature Treasurer Comments: Date Director Si~lnature Date r~:~' Recommended [---'"] Not Recommended ,"~/1~ Treasurer's Si~lnature ~ D~te Mayor Comments: Recommended ~ Not Recommended Approved ~ Denied (~. ~-- _~'~.//~ Mayor's Si~lnature D~te ~ Fiscal & Budget Committee Comments: Approved ~ Denied ~ ' & Budget Commit~e Signature Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: Equipment Rental I Approval Authority Required: r-~Treasurer Adjustment Number: 98-3 SOURCE OF FUNDS: Miscel!aneous Capital Budget Risk Management r~Ma¥or 13,000 4.000 17,000 r-Fiscal & Budget USE OF FUNDS: Replacement AJC Truck r-]council Amount 17,000 NARRATIVE: Truck No. 1058, a 1990 pickup, was destroyed in an accident. This adjustment will authorize its replacement from current appropriations in the Equipment Rental Fund and from Risk Management. Date Director Sign at u r e('re~-"~"~ Date ,Department Head sign~tur~ Treasurer Comments: [--'-/~Recommended ~ Mayor Comments: Not Recommended Treasurer's Signature Date .[~ Recommended ~ I--I I----I Not Recommended Denied Fiscal & Budget Committee Comments: ayor s Signature Date [~ Approved Denied Fiscal & Budget Committeev~gnature- Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: Administrative Services Adjustment Number: I Approval Authority Required: N Treasurer 98-4 SOURCE OF FUNDS: Descriotion Delete: Office Asst. I Position r-]Mayor Amour~t Fiscal & Budget USE OF FUNDS: Add: Accounting Asst. I Position ["~Council Amoul3t 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 Signature Date .j~~ecommended ~ Mayor Comments: Not Recommended Treasurer's Si~lnature ~- r'~ Recommended Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date Approved ~ Denied Fiscal &-Budget Committee Signature Date Requesting Department: Legal CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Adjustment Number: I Approval Authority Required: r-~Treasurer 98-5 SOURCE OF FUNDS: Descriotion ["]Mayor r" Amount Decrease: Supplies & Services 21,250 Fiscal & Budget r--~Council USE OF FUNDS: ~ 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. e~part~llent H'ea'd Si~lnature Date Treasurer Comments: Director Signature Date ~Recommended r-~ Mayor Comments: Not Recommended Treasurer's Si~lnature ~ D/atet Recommended ~ Not Recommended Approved r-~ Denied Fiscal & Budget Committee Comments: Mayor's Signature Date [~ Approved ~ Denied Fiscal~_~.& Budget Co~ittT~g natu~/~ (~'--Dat~ ~ CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: POLICE PROJECTS FUND Adjustment Number: I APproval Authority Required: ~']mreasurer r"~Ma¥or Fiscal & Budget 98-6 [~Council SOURCE OF FUNDS: Reduce: Ending Cash 7,000 $40,200 Remaining Ending Cash = USE OF FUNDS: Increase: Capital 7,000 NARRATIVE: The copy machine used by the SOG unit has failed. This adju~ will permit its replacement. \/ /, Department Head Signature Date ,X~)_ ir~_t or'~l~ n at u re Date Treasurer Comments: ["----] Recommended ~ Not Re~~e~ed...~ ~reasurer's Signature Date Mayor Comments: ~ Recommended ~ Not~co~mmended [-'--] Approved D~ied Mayor's Si~lnature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST PARK FACILITIES FUND Adjustment Number: 98-7 Approval Authority Required: N Treasurer SOURCE OF FUNDS: Increase: Grant from Kitsap County [-'~Mayor r- Amount 1 o,ooo Fiscal & Budget r~l Council USE OF FUNDS: Increase: Capital 10,000 NARRATIVE: This adjustment will provide for the construction of a composting facility with funding from Kitsap County. Department Head Signature Treasurer Comments: Date Reco'mmended ["---'~ Not Recommend~ ~_ ~///~ Treasurer's Si~nature~-----.~_ Date-( Mayor Comments: Recommended r'-'-] Not Recommended Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Signature Date Approved ~ Denied Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST STREET FUND Adjustment Number: 98-8 IApprovai Authority Required: ~--~Treasurer SOURCE OF FUNDS: ~-']Mayor Increase: Beginning Cash 56,750 Fiscal & Budget USE OF FUNDS: Increase: Supplies & Services Capital [-'"'~Council 18,750 56,750 NARRATIVE: This adjustment will permit the use of beginning cash in excess of original estimates to be used for additional asphalt paving and for the conversion of traffic signals to LED displays. Dep~ture Treasurer Comments: Director Signature Date ,~Recommended ~ Mayor Comments: Not Recommended Treasurer's Signature ~'----- D~te [~ Recommended [--~ Not Recommended ['----I Approved [--'--I Denied Ma~(or's Si~lnature Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Commit~d'e/Signature Date Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST ADMINISTRATIVE SERVICES Adjustment Number: 98-9 Approval Authority Required: ~-~Treasurer SOURCE OF FUNDS: Mayor Increase: BKAT Revenues 25,000 Fiscal & Budget ~X~Council USE OF FUNDS: Increase: Supplies & Services 5,000 Capital 20,000 NARRATIVE: SEE ATTACHED Department Head Si~lnature Treasurer Comments: Date Director Signature Date Recommended r'---] Not Recommended Mayor Comments: Treasurer's Signat~r~e-'~ ~ Date Recommended ~ Not Recommended Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Signature Date [-~"Approved ~ Denied FiscalT? & Budget Comn~tee. ~/~Sigh'ature ~/'~:~ ~)~ ~D~te CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: FIRE DEPT. Adjustment Number: I Approval Authority Required: N Treasurer 98-10 SOURCE OF FUNDS: r"~May°r r- Amount Increase: Beginning Cash 21,500 Fiscal & Budget ~-~Council USE OF FUNDS: Increase: Personnel 21,500 NARRATIVE: This adjustment will add an Office Assistant I position to the Fire Department effective May 1 and appropriate funding necessary to fill the position. Dep~rtment Heac~ Signature Treasurer Comments: Date Director Signature Date r-~ Recommended ~-'-'-~ Not Recommended ~-~ Treasurer's ~nature~-~ D~te - Mayor Comments: Recommended ~ Not Recommended Approved r'~ Denied Mayor's Sicjnature Date Fiscal & Budget Committee Comments: ,['~. Approved Denied F I B isca & udget Committe~Signatu?e Date Requesting Department: IApproval Authq~rity Required: r'-lmreasure~ SOURCE OF FUNDS: CITY OF REMERTON BUDGET ADJUSTMENT REQUEST REAL ESTATE EXCISE TAX FIMay°r I'- Amount Adjustment Number: Increase: Beginning Cash 48,500 Fiscal & Budget USE OF FUNDS: 98-11 [-'-XlCouncil Increase: Capital 48,500 NARRATIVE: This adjustment will provide expenditure authority for work by the consultant on Smith Cove soils which was expected to be paid in 1997. The scope of the contract has not changed, rather this is a matter of timing where expenses which were expected in 1997 weren't paid until 1998. Date Department Head Si~lnature Treasurer Comments: Dire~ ' ~~ecommended r----] Not Recommended Treasurer's Si--~ n at u r~"~'-~ Date Mayor Comments: r~ Recommended / · Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Si~lnature Date r---~Approved Denied Date Requesting Department: PARKS DEPT. I Approval Authority Required: r~Treasurer CITY OF BREMERTON _ BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-12 SOURCE OF FUNDS: r"~Mayor Amoun~ Increase: DNR Grant 15,000 r- Fiscal & Budget USE OF FUNDS: r")'~Council Tree Program 15,000 NARRATIVE: This adjustment will provide for the City's acceptance of a grant from the State DNR to continue the street tree Department Head Si~lnature Treasurer Comments: Date Treasurer's Signature Mayor Comments: Recommended [--"-] Not Recommended ~'~ Approved ~ DeniedM~'yor'~s Si~lnature Fiscal & Budget Committee Comments: Date ,~'~Approved r--1 Denied - ' udget Commi~ Signatu'b'~ Date CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: EQUIPMENT RENTAL Adjustment Number: I Appr~al Authority Required: ~ ITreasurer 98-13 SOURCE OF FUNDS: r']Mayor Amount Decrease: Ending Cash 25,500 r- Fiscal & Budget USE OF FUNDS: Increase: Vehicle Purchase ['""'~Council 25,500 NARRATIVE: This adjustment will permit the use of excess reserves from several Park Dept. vehicles replaced in 1997 to replace two over-age Park Dept. vehicles which are not covered by the Equipment Rental program. Department Head Signature Treasurer Comments: Date / ~rector Signature./ Date/ Recommended Not Recommended Mayor Comments: Treasurer's Si{]natur--~--'~~ ~--1 Recommended r'~ Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date r-~ Approved F'--'] Denied Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST RISK MANAGEMENT FUND Adjustment Number: 98-14 IApproval Authority Required: NTreasurer SOURCE OF FUNDS: I-'lMayor Decrease: Ending Cash 650,000 r" Fiscal & Budget USE OF FUNDS: Increase: Claim Settlements I~C°uncil I 650,0OO NARRATIVE: Recent litigation has exhausted the expenditure authority authorized in the 1998 budget. This adjustment will provide authority needed for the balance of the year. Department Head Signature Treasurer Comments: Date Dir~ct(~r Signet ure(atu-~re'~ Date ~'-~Recommended ~ Mayor Comments: Not Recommended Treasurer's Sign at ur"e-.... Recommended ~ Approved r'~ Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date ~ Approved Denied " dget commitS; Si~'ha{/ure Date Requesting Department: IApproval Authority Required: I l-ITreasurer SOURCE OF FUNDS: CITY OF BREMERTON - BUDGET ADJUSTMENT REOUEST EOUIPMENT RENTAL Adjustment Number: r"lMa¥°r r- Amount Reduce: Ending Cash 135,000 98-15 Increase: Trade-In 150,000 Fiscal & Bud~let USE OF FUNDS: Increase: Equipment Purchase ["~Council 150,000 NARRATIVE: This adjustment will permit replacement of the street sweeper used by the Stormwater Utility. The current sweeper is a 1992 model and is at the end of its useful life. Department Head Si~lnature Treasurer Comments: Date Director Si~lnature Date ~mended Not Recommended Mayor Comments: Treasurer's Si~l atu e ~ Date ' Recommended r-"-] Not Recommended Approved ~ Denied Fiscal & Budget Committee Comments: ~a'yor's Signature D/at~' [---"~~Approved ['---] Denied 'scal & Budget Commit~ Signature Date Requesting Department: UTILITIES I Approval Authority Required: N Treasurer CITY OF BREMERTON -, BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-16 SOURCE OF FUNDS: Delete: WWTP Maintenance Tech. Serv. Specialist Sr. r-] Mayor ['- Fiscal & Budget USE OF FUNDS: Add: CMMS Tech. WWTP Operator Office Asst. r--~ Council NARRATIVE: This adjustment adds three positions and deletes two others from those currently authorized. There is no net change in expenditure authority however there is some reallocation within the Water Fund for the change in biosolids handling. Department Head Signature Treasurer Comments: Date Director Signature Date r----] Recommended Mayor Comments: Not Recommende~l:':-: .... '~ Treasurer'- - - Recommended r---] Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Approved r---] Denied Date Requesting Department: PARK DEPT. I Approval Authority Required: nTreasurer CITY OF BREMERTON _ BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-17 SOURCE OF FUNDS: Reduce: One Rec. Program Co-Ord. I ~--~Mayor F Amount Position Fiscal & Budget USE OF FUNDS: r~Council Increase: One Rec. Program Co-Ord. II Position NARRATIVE: This adjustment will change the authorized staffing of the Parks Dept. by upgrading one position. The change is proposed after a position review by the Civil Service Officer. No additional expenditure authority is requested. Department Head Signature Treasurer Comments: Date Director Signature Date Recommended ~ Not Recommended Mayor Comments: Treasurer's Signature Date ~ Recommended r-~ Not Recommended /~-'] Approved ~ Denied ~'. ~_ Fiscal & Budget Committee Comments: Mayor's Signature Date ~'~]c- Approved Denied get Comm~tee Sign'a~ure Date Requesting Department: -CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST PARK DEPT. Adjustment Number: 98-18 Approval Authority Required: -'lTreasurer SOURCE OF FUNDS: Description r-"] Mayor Amount Increase: BHA Contract 3,500 Kitsap County Contract 8,000 CDBG Funding 5.650 17,150 F- Fiscal & Budget USE OF FUNDS: Increase: Playground Express Camp Sparky Council Amount 12,150 5.000 17,150 NARRATIVE: This adjustment will increase the expenditure authority in the Park Dept. to provide for expanded program services possible through additional program revenues. Department Head Signature Treasurer Comments: Date Director Signature Date Recommended ~ Not Recommended Treasurer's Signature Date Mayor Comments: ~ Recommended ~ Not Recommended ./ Mayor's Signature Date Fiscal & Budget Committee Comments: Approved Denied Fiscal & Budget Committee ~nature ~ Date CITY OF BREMERTON -, BUDGET ADJUSTMENT REQUEST Requesting Department: GENERAL / CIVIC IMP. Adjustment Number: IApproval Authority Required: r-]Treasurer I--~May°r r- 98-19 SOURCE OF FUNDS: CIVIC IMP INCREASE: RECEIPT OF LOAN GENERAL FUND INCREASE: RECEIPT OF REPAYMENT 20,000 20,000 Fiscal & Bud~let USE OF FUNDS: INCREASE: REPAYMENT OF LOAN INCREASE: ISSUE LOAN r-x']council Amount 20,000 20,000 NARRATIVE: This adjustment will provide budgetary capacity for an interfund loan from the General Fund to the Civic Improvement Fund to finance a short term cash flow deficit. Department Head Signature Treasurer Comments: Date Director Signature Date Recommended [-~ Not Recommended Mayor Comments: Treasurer's Sicjnature Date Recommended r-~ Not Recommended Mayor's Si~lnature Fiscal & Budget Committee Comments: Date Date Requesting Department: POLICE I Approval Authority Required: --]Treasurer CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Adjustment Number: 98-20 SOURCE OF FUNDS: [-~Mayor F Amount Reduce: Kitsap County Jail 38,065 Fiscal & Budget ~--~Council USE OF FUNDS: D_e. scd.Qt[o.Q Amount Increase: Home Detention Program 38,065 NARRATIVE: This adjustment will provide expenditure authority to carry out a home detention program utilizing electronic monitoring devices. The cost of the program will be paid from current appropriations designated for prisoners at Kitsap County Jail. Department Head Signature Treasurer Comments: Date Director Signature Date Recommended Mayor Comments: Not Recommended Treasurer's S~gnature ~- D~te Recommended ~ Not Recommended Fiscal & Budget Committee Comments: Mayor's Signature Approved ~ Denied '-Fiscal & Budget Comm/~ee~ture Date AGENDA BILL .. BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION NO, 2~ ~' ( FOR AGENDA OF: AUTHORIZING AN INTERFUND LOAN FROM THE ORIGINATING DEPT: GENERAL FUND TO THE CIVIC IMPROVEMENT FUND AND ORIGINATOR: RELATED BUDGET ADJUSTMENT DATE SUBMITTED: 05~[/98 Treasurer 5~8~98 2. CLEARANCES: Comment of back if necessary) ~r. Admin. Serv. '"~ ~'~'~-- ~ 3. EXHIBITS: Proposed Resolution ,~ ~/~1 Budget Adjustment Request 98-19 ENDORSEMENTS MAYOR~ INFORMATION 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Hotel Motel Fund tax revenues are running below projections and creating a temporary cash flow deficit in the Civic Improvement Fund. The proposed resolution will allow the City to provide timely financial support to the several civic supported by this fund. Borrowed funds will be repaid from Hotel / Motel taxes by year end. 8. RECOMMENDATION: 1. Motion to approve the resolution authorizing and inter-fund loan from the General Fund to the Civic Improvement Fund. ~ to approve Budget Adjustment Request No. 98-19. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer Mayor 12/31/98 N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: Financial support of the civic groups will be disrupted immediately or this fund will continue in a deficit cash position contraty to statute. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: As indicated in the attached Budget Adjustment Request. 7. RESEARCH SOURCES: Staff analysis. RESOLUTION NO. 2 Co 5 I A RESOLUTION authorizing an Interfund Loan to the Civic Improvement Fund from the General Fund. WHEREAS, the Civic Improvement Fund has an immediate need for cash with which to provide expenditure coverage to the budgeted civic organizations; and WHEREAS, the size and nature of this transaction does not lend itself to an external financing; and WHEREAS, surplus cash in an amount sufficient to meet the short-term needs of this settlement is presently on hand in the General Fund; NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized and directed to make an interfund loan from the General Fund to the Civic Improvement Fund in an amount not to exceed $20,000. This loan shall bear interest at the rate of 5.0% per annum and shall be repaid in its entirety not later that December 31, 1998. ADOPTED by the City Council of the City of Bremerton this day of 1998. DAVID FARR, Council President ATTEST: KATHLEEN L. McCLUSKEY, City Clerk CITY OF BREMERTON - BUDGET ADJUSTMENT REQUEST Requesting Department: GENERAL / CIVIC IMP. Adjustment Number: 98-19 Approval Authority Required: ~--~mreasurer SOURCE OF FUNDS: CIVIC IMP INCREASE: RECEIPT OF LOAN GENERAL FUND INCREASE: RECEIPT OF REPAYMENT r-]Mayor Amount 20,000 20,000 Fiscal & Budcjet USE OF FUNDS: Description INCREASE: REPAYMENT OF LOAN INCREASE: ISSUE LOAN r'~council 20,000 20,000 NARRATIVE: This adjustment will provide budgetary capacity for an interfund loan from the General Fund to the Civic Improvement Fund to finance a short term cash flow deficit. Department He a"d-S~g~ at u-'~e Treasurer Comments: Date Director Si~lnature Date Recommended r---] Not Recommended Mayor Comments: Treasurer's Si~lnatt~r~''~v ~ Date Recommended ~ Not RecOmmended Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Sicjnature Date ~al & Bud~re Date CITY OF BREMERTON HOTEL/MOTEL FUND CASH FLOW Thousands 15 10 5 0 -10 -15 -20 DEC JAN FEB MAR APR MAY JUN [---PROJECTION JUL AUG SEP +ACTUALI OCT NOV DEC AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING & ORDINANCE FOR AGENDA OF: To amend the Official Zoning Map from ORIGINATING DEPT: "Central Bremerton Residential" to "Parks & ORIGINATOR: Schools" for a single lot at 13th & Ohio. DATE SUBMITTED: May 27, 1998 DCD/Planning May 21,1998 ENDORSEMENTS__. MAYOR ,~-, CLEARANCES: ,(~.J.s~ back if ne.c~ssary) 3. EXHIBITS: City Attorn~~~~(/-~' ./Z'~--~,~'ff~--~g. ,/ Findings& Conclusions of Plan. Comm. ' /-~"~ ~ /,) .. _ ,/ Ordinance to amend the Zoning Map Dir Comm. Dev. /r~ /~'~¢'~"-~ v,, Planning Commission Minutes (Mar. 17 1998) · Operations Comm ~_/__~--...~-''~ ¢_ COUNCIL PRESIDENT SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bremerton School District owns a small lot directly across Ohio Street from Bremerton High School. The old house on the property has been in use as a child care center for the past several years. The District would like to change the zoning from "residential" to "Parks & Schools" so that the property will be in the same zone as other school facilities and can be used for school purposes. The Planning Commission reviewed this proposal on March 17, 1998, found it to be consistent with the City's Comprehensive Plan and with the long-range plans of the School District, and recommends City Council approval of this Rezone. The Council must conduct a public hearing prior to its final decision and action on the attached 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: AMENDED 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Non-passage would have the following effect: 1. The zoning of the subject property will remain "Central Bremerton Residential" and may pose obstacles to the use of the subject property for school purposes, as intended by the District. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed change will have little or no effect on City staff and budgets. 7. RESEARCH SOURCES: F NDING8 OF FACT and CONCLUSIONS OF LAW of the Bmmerton Planning Commission Bremerton School District Rezone Zoning Map Amendment: File PLN 8-1:ZMA98-0002 CPA-98:zma98-02.ff Staff: Ron Hough, Planning Manager --- Dept. of Community Dev. --- 286 Fourth Street, Bremerton WA 98337 GENERAL DESCRIPTION A. LOCATION: B. APPLICANT: C. LAND: D. LAND USE: E. COMP. PLAN: F. SEPA: G. PROPOSAL: Northeast comer of Thirteenth Street and Ohio Avenue. Assessor's Parcel No: 3797-005-010-0107 Address: 1312 Thirteenth Street Bremerton School District 200 Bruen Avenue, Bremerton WA 98312 Contact: Ron Carpenter The Rezone area consists of a single lot, 40' x 90' in size and having a total area of about 3,600 sq. ft (0.08 ac.). The lot is consistent with the standards of its CBR zone. The subject property was used for many years for a single-family residence. Several years ago, Bremerton School District converted the structure to a child care center, which is an allowed use in the CBR zone. When the City prepared its current Comprehensive Plan, it considered the long-range plans of the school district and provided room for the expansion of both Bremerton High School and Olympic College. The subject site is within the area designated on the Comprehensive Plan as "School (S)". An Environmental Checklist was prepared by the School District and submitted for City review. The review will be completed and a determination issued prior to the final public hearing and City Council decision. Rezone this single lot from "CBR (Central Bremerton Residential)" to "PS (Parks & Schools)". Rezone ZMA98-0002: Page 1 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 following criteria are adequately met for the approval of this Rezone: Criterion # 1: The rezone is substantively consistent with the Comprehensive Plan. The Comprehensive Plan designation is "S (School)". The requested zoning (Parks & Schools) is directly consistent with the Plan designation and is a step toward implementation of the Plan. Criterion #2: The rezone is necessary because (a) conditions in the immediate vicinity have changed markedly to require a rezone in the public interest; or (b) the Rezone will correct an inappropriate zone classification or boundary. The existing CBR zoning was retained as a "holding zone" in recognition of its residential history, with the understanding that this area would gradually transition to school and/or park uses when the time is appropriate. The School District now has a need to use this property and building for vocational education classes and requests that it be zoned appropriately. A change to the "PS" zone is appropriate at this time. Criterion #3: The rezone will not result in adverse environmental consequences. The proposed "PS" zoning will not result in any significant changes to the property, which has been fully developed and used for many years. No adverse environmental consequences are anticipated. Criterion #4: The Rezone bears a substantial relation to the public interest because there is a need for the changes and that need will be served. The School District provides education and specialized training which provide major benefits to the community and which are in the public interest. There is a need for this rezone so that the subject property will become part of the larger campus and will be able to function as such. Criterion #5: Essential public facilities and services are presently available and adequate, or can be reasonably made available. Rezone ZMA98-0002: Page 2 A full range of urban public utilities and services are available to this area. They were adequate to support the previous residential use of the property, but may have to be upgraded or modified to serve the educational uses. The adequacy of facilities and services will be assessed through the building permit process as the structure is modified for its new use. CONCLUSIONS mo The proposed Rezone is consistent with the City's long-range intent for the growth and expansion of the high school and college campus area. The site is designated "School" on the Comprehensive Plan. B. The proposed rezone adequately meets all Rezone approval criteria. This Rezone is one step in a "phased zoning" process intended to gradually achieve consistency between the Comprehensive Plan and Zoning Map, as required by State law, as properties are ready for the transition. RECOMMENDATION The Bremerton Planning Commission conducted a public hearing on this proposed Zoning Map Amendment (rezone) on March 17, 1998 and, based on the f'mdings and conclusions stated above, hereby recommends City Council approval of a Rezone of the subject area from "CBR (Central Bremerton Residential)" to "PS (Parks & Schools)", as shown on the map attached hereto as Exhibit "A". enartmW. Hough, Planning Manager ent of Community Development Secretary to the Planning Commission Bill Robinson, Chair Bremerton Planning Commission CPA98:zma98-02.ff Rezone ZMA98-0002: Page 3 Brmn~rt~n $¢h~1 Di~b'i¢~-- Proposed Rezone The area identified below is proposed to be changed from the current zoning of"Central Bremerton Residential (CBR)" to "Parks 8, Schools (PS)". Lr' Rezone ZMA98-0002: Page 4 Bremerton School District --- Comprehensive Plan The area proposed to be rezoned to "Parks & Schools" is presently designated "S (School)" on the Bremerton Comprehensive Plan. C S College t. MDR ]"'""~ ~ ~ T~ Il I III Il I l L-I,,/ ~UMDR! ~:D J~ Evergreen HI Rezone ZMA98-0002: Page 5 Bremerton School District--- Geaeral Locatioa The area proposed to be rezoned to "Parks & Schools" is located at the northeast corner of the intersection of Ohio Avenue and Thirteenth Street, directly across the street from Bremerton High School. SF-3 -SF-3 :SF-3 !.~ _1 I~TII ST PS __.16J?Lj[: I.~ill I0111 5l. '-'-:III.MX .ILII 'l-I'lllll~ Rezone ZMA98-0002: Page 6 /o3 ORDINANCE NO. AN ORDINANCE amending the Official Zoning Map of the City of Bremerton, Washington, for a single lot at the northeast corner of Ohio Avenue and Thirteenth Street. WHEREAS, the Bremerton School District is the owner of the subject property, which lies directly across Ohio Street from Bremerton High School; and WHEREAS, the School District has a need to utilize the property for school-related uses; and WHEREAS, the Campus/Evergreen Neighborhood Plan and the Bremerton Comprehensive Plan were prepared in cooperation with the School District and Olympic College and, in recognition of their respective long-range master plans, an appropriate area was designated "S (School)" for furore school expansion; and WHEREAS, the requested "PS (Parks & Schools)" zoning is directly consistent with the Comprehensive Plan and will allow the intended transition of the property to school uses; and WHEREAS, the Bremerton Planning Commission, following a public hearing on March 17, 1998, determined that this request is consistent with the Comprehensive Plan and with the City's Rezone criteria, contained in BMC 21.02.920(d), and has submitted its Findings of Fact and Conclusions of Law in support of its recommendation to approval this Rezone; and WHEREAS, the Bremerton City Council conducted a public hearing on May 27, 1998 to accept public comments pertaining to the proposed rezone and to consider the Planning Commission's recommendation; 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 "CBR (Central Bremerton Residential)" to "PS (Parks & Schools)" in the area described in attached Exhibit "A". Rezone ord. -- page 1 APPROVED by the City Council on the first reading this ,1998. day of PASSED by the Bremerton City Council this day of .,1998. DAVID FARR, President Bremerton City Council APPROVED this day of ,1998. ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Published: Effective: CPA-98:zma98-02.ord Rezone ord. --- page 2 Exhibit "A" Bremerton School District Rezone: PLN 8-1:ZMA98-0002 The zoning of the shaded area on the map below is hereby changed as follows: from "CBR (Central Bremerton Residential)" to "PS (Parks & Schools)". Assessor's Acct. No: 3797-005-010-01 I~TH '.3 '. I I I III · · ~ ~. Rezone ord. --- page 3 John Galland wanted to state that when a vacancy becomes available it is immediately filled and that they have a wairing list. Mr. Coomhes wanted to add that it is one of the nicest mobile home parks in the counts' and has a very good reputation. Chairman Robinson asked ff the perrmt office had rex4ewed the plans. Mr. Coombes indicated ves. Chairman Robinson wanted clarification as to the open space that the mobile home park was proposing. Mr. Coombes referred to the map included in the packets. Mel Wortman, 132 Sorino Circle Drive, spoke to the good reputation of the park and that it was a great place to live. He felt that an increase in the park would be a favorable one and urged the conUmssion to approve the expansion. Jane Wortman. 132 Sonno Circle Drive. commented on the safety and beauuful atmosphere of the park and that an addition would only add to the beauty. Commissioner Stone inquired if there was a distinction between mobile home and manufactured home language. Mr. Coombes stated that homes built after 1976 are referred to as manufactured housing. Pre-1976 housing is referred to as mobile homes. Commissioner Wolfe stated that his first inclination was not to approve the expansion, but after the testimony feels that the expansion would be a good addition. Commissioner Dingfield commented on the area and the lovely setting, ~iais ¢-pe of development is a good addition to the city,. A motion was made by Commissioner Stone that the Planning Commission approve the Preliminary Planned Unit Development for expansion of an existing manufactured home use subject to the following conditions as they read on page 9 of the staff report. (5 conditions are listed) Seconded by Commissioner Dingfield. Question called: Boyd, yes; Robinson, yes; Stone, yes; Dingfield, yes; Wolfe, yes. Motion passes. 2. Bremerton School District Rezone, 1312 13th Street Commissioner Dingfield commented that even though this matter was not quasi-judicial she svould abstain on tiffs vote due to appearance of fairness. Mr. Ron Hough presented the staff report. This is a requested rezone of a single lot at the northeast comer of 13th and Ohio across the street from the Bremerton High School. Currently the house is being used as a ctaycare and is presently under the "CBR~ zoning. The School would like to utilize the house for classroom purposes and therefore is requesting a "PS" zoning. The Compreheusive Plan zoning is consistent with this requested rezone classification. The application is consistent $,,ith the zoning ordinance for rezones and with the schools long range plan. Staff recommends approval of this rezone. Commissioner Stone inquired as to if the school district owned the property. Mr. Hough indicated that the school district did own the property, in question. 7 Page 8 Planning Commi ' ' March 17, 1998 Commissioner Stone wanted to know the reasoning for the rezone. Mr. Hough indicated that the reasoning was so that the braiding could be used lbr other educaUonal uses. A motion was made by Commissioner Stone that the Bremerton Planning Commission find that this rezone request satifffies the City's rezone criteria and that a recommendation for approval be forwarded to the City Council. Seconded by Commissioner Boyd. Question called: Boyd, yes; Stone, yes; Dinglield, yes; Wolfe, yes; Robinson, yes. Motion passes. ~ Chairman Robinson inquired as to when this rezone proposal would be presented to the CiD' Council. Mr. Hough indicated that it is still in state review and would be presented before the Cit~' Council in May. Commissioner Dinglield wanted to know ii' this would be included in the upcormng comprehensive plan amendments. Mr. Hough indicated that there would be no comprehensive plan amendment necessary. Meeting Adjourned. 4,, Respecl~f3ully Submitted: Trish Martin, Recording Secretary Approved by: Bill Robinson. Chairman Page 9 Planning Commission Meeting, March 17, 1998