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HomeMy WebLinkAbout02/15/2012 AGENDA CITY COUNCIL 345 6"' Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 * * *A M E N D E D * ** FEBRUARY 15, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION J 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — February 1, 2012 C Minutes of Study Session — February 8, 2012 D Extension of Inter -Local Agreement with Kitsap County Administrative Services for Court Security Services E Approve proposed Conflict Waiver for the Bremerton Transportation Benefit District to utilize the City Attorney's Office for legal representation 6 GENERAL BUSINESS A Ordinance No 5179 adopting the proposal to modify the City Council District Boundaries for the City of Bremerton from 9 to 7 (Public Heanng was held February 1 ) B Proposed Inter -Local Agreement between the City of Bremerton and the Bremerton Transportation Benefit District (TBD) to provide street preservation and maintenance services to the City on behalf of the TBD 6 COUNCIL MEMBER REPORTS 7 EXECUTIVE SESSION (25 Minutes) to discuss "Pending and Potential Litigation" per RCW 42 30 110(1)(1) No action is anticipated 8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District Board will meet in the Chambers immediately following the adjournment of the City Council Business Meeting ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those ►equ►nng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT �Au-r� v (o-o iRo sc,Q,i T - o Eveis— AGENDA BILL CITY OF BREMERTON 5t4 CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date February 15, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 347004 through 347264 and EFT's 11615 through 11659 in the amount of $2,464,915 64 2) Regular Payroll for the pay period ending January 31, 2012 in the amount of $742,117 96 STUDY SESSION ACTION: ® Consent Agenda ❑ Gene usiness ❑ Public Hearing COUNCIL PRESIDENT i (� COUNCIL ACTION: [Approve ❑ Deny ❑ Table ❑ Continue No Action Form Updated 1/4/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 58 eeeeeeeseeeeeeeeeeeeeseeeeeeeeeeeoeeeeeee SUBJECT: City Council Minutes for COUNCIL MEETING Date R�gr(A r Department: _ City Council '— r�b►r� Presenter Jim McDonald Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: xConsent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 1, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 1, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Also present were City Attorney Roger Lubovich, Interim City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Mayor Jim Baker of the Bremerton Salvation Army MAYOR'S REPORT Mayor Patty Lent • Introduced Elaine Jones to discuss the WSU Small Business Development Center, • Introduced Holly James and Eric Larsen to discuss Kitsap Entrepreneurial Services, • Recognized Bill Hoke and Stuart Walton Kitsap Business Development Specialist from the Washington Community of Alliance for Self Help (C A S H ) Program, • Provided a briefing on the activities and missions of the USS John C Stennis, • Recognized Bremerton Street Department Manager Jim Orton and his crew for their dedication and services to the City, especially during times of inclement weather, • Provided an update on the Bremerton Re -Power Program, • Brought forward Cynthia Engelgau of the Bremerton Parks Department to provide information on the 17 Annual Daddy & Daughter Dance to be held on Saturday, February 4, 2012, and • Mentioned her regular attendance at regular Ferry Advisory Committee meetings PUBLIC RECOGNITION Todd Best with Corne Ariens believe the City is in violation for not cleaning up a nuisance property located north of 602 Washington Avenue Mike Walton Marketing Specialist, provided a report on current happenings at the Kitsap Family "Y" Robert Parker is joining a movement to clean up the City, including graffiti, and does not understand why the City is not doing more Joe Hudson Evergreen Trophies, was concerned that the City gave away 4 -feet of the alley near his business and now it is not useable by delivery trucks Jerry McDonald stated that he is aware of over 20 graffiti tags on the new Manette Bridge, and also spoke about plans for providing a concierge in Seattle to bring tourists to Bremerton, and hopes to include his idea for producing and distributing brightly colored t -shirts promoting Bremerton Patricia Graf -Hoke Executive Director of the Kitsap Peninsula Visitor & Convention Bureau, talked about how they are promoting and marketing Bremerton CONSENT AGENDA 5A Check Numbers 346584 through 346810 and EFT -11525 through EFT -11569 in the amount of $2,637,687 10, Check Numbers 346811 through 347003 and EFT -11571 through EFT -11614 in the amount of $1,880,158 20, Regular Payroll for the pay period ending December 31, 2011 in the amount of $721,890 04, Regular Payroll (Pay -Out) for the pay period ending December 31, 2011 in the amount of $9,820 61, Regular Payroll for the pay period ending January 15, 2012 in the amount of $690,393 82, and Retiree Payroll for the pay period ending January 31, 2012 in the amount of $73,779 96 City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 2 of 6 5B Minutes of Meeting — January 4, 2012 5C Minutes of Study Session — January 11, 2012 5D Minutes of Study Session — January 25, 2012 5E Acceptance of Grant from the Washington State Office of Public Defense 5F Approval to pay Damage Claim Redeye ap^' ° ^+ Item Pulled 5H Resolution No 3162 to approve traffic and parking revisions with the Manette Bridge Replacement 5I Resolution No 3163 to approve Phase IV of the Bay Vista Final Plat 5J Appointments of Maurice Correia, and Holly James to the Civil Service Commission 5K BKAT Service Contract with Kitsap County 5L Amendment No 4 to the Professional Services Agreement with WILLIS OF SEATTLE, INC for insurance broker services 5M 2012 Excess Liability, Excess Workers' Compensation, and Crime Insurance 5N Resolution No 3164 establishing March 7, 2012 as a Hearing Date to vacate Broadway Avenue between 13 and 16 Streets There were no comments from the public 06:09:37 M /S /C /U (Arends /Runyon) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — RESOLUTION NO. 3161 TO APPROVE BACK -IN ANGLE PARKING ON 4 STREET AND 5 TH STREET FROM KIWANIS PARK TO WARREN AVENUE Gunnar Fridriksson, Public Works & Utilities — Engineering, explained that the proposed redevelopment of 4 and 5 Street as "Green Streets" will provide multiple benefits, including sustainability through drainage improvements, traffic calming, reduced vehicular speeds, and implementation of the bicycle boulevards designated in the Non - Motorized Transportation Plan adopted by City Council in 2007 The proposed angle parking along 4 th Street is an effective method to narrow an overly wide residential roadway and reduce vehicle speeds, allowing the corridor to operate suitably as a bicycle boulevard Because 4 th Street is designated as a bicycle boulevard, the back -in /head out angle parking is recommended because this configuration allows a driver exiting the stall to see the cyclists The Public Works Committee reviewed the proposed changes at their meeting on December 7, 2011 Comments from the public in favor of the parking change were received by Maggie Williams Comments and concerns from the public against the parking change were received by Donald A. Palmer Teri Hodgden Joe Hudson Jodet Parker and Terry Telle 06:27:35 Motion was made by Runyon, and seconded by Wheeler, Comments and questions were then provided by Runyon, Flemister, Wheeler, and Daugs 06:37:00 M /S /C (Runyon/Wheeler) Move to pass Resolution No 3161 to approve back in, angle parking on 4 th Street and 5 th Street form Kiwarns Park to Warren Avenue Voted in favor of Motion Brockus, Runyon, Wheeler, Flemister, Younger, Wofford, Daugs, McDonald Voted against Motion Arends Motion carried 8 -Yes, 1 -No City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 3 of 6 613 — APPROVAL OF SEPTEMBER 11 MEMORIAL DESIGN CONCEPT FOR EVERGREEN ROTARY PARK Wyn Birkenthal Parks & Recreation Director, summarized that the Kitsap 9/11 Memorial Committee has developed a revised concept for the 9/11 Memorial to be located in Evergreen Rotary Park The revised design is responsive to public comment received on the initial concept Modifications include the addition of landscaping improvements, reduced footprint within the park, improved pathway circulation and lower construction costs owing a lesser quantity of concrete and other hardscape elements The design's circular plaza with embedded timelines of 9/11 events was previewed by the public and the Parks Commission at a public meeting held December 6, 2011 and has been very well received Dave Fergus of Rice Fergus Miller Architects, and Lead Designer for the 9/11 Memorial, showed a PowerPoint presentation to provide further details on the revised design Mr. Birkenthal clarified that the action before the Council tonight was only to approve the design concept, and if approved by Council, allows the Committee to begin fundraising efforts Mr. Fergus explained that this is not the "final" design because further refinements are still expected Comments from the public in support of the memonal design concept were received by David Lee Roy Lusk Buck Buchanan and Daniel Sheehan There were no comments from the public against the memorial design concept 06:53:40 Motion was made by Brockus, and seconded by Runyon, Comments and questions were then provided by Brockus, Younger, Wofford, Runyon, Arends, Wheeler, Daugs, and McDonald 07:06:35 M /S /C /U (Brockus /Runyon) Move to approve the revised design concept for the September 11 Memorial to be located in the undeveloped portion of the Evergreen Rotary Park formerly known as the Chevron Property 6C — AWARD CONSTRUCTION CONTRACT TO SOUTH BAY EXCAVATING INC. FOR PARK AVENUE PLAZA 4 STREET EAST SURFACE IMPROVEMENTS AS PART OF THE PARK AVENUE PLAZA PHASE II PROJECT Gary Sexton Executive Department, stated that this public works construction contract is for Park Avenue Plaza Phase II, 4` Street East surface improvements to include sidewalks, street, landscaping, lighting and crosswalks The lowest responsive bidder was South Bay Excavating, Inc in the amount of $722,500 00, including Washington State sales tax Comments and concerns from the public were received by Robert Parker Joe Hudson Todd Best and Sandy Corbit 07:32:12 Main Motion was made by Wofford, and seconded by Arends, Comments were provided by Wofford and Runyon 07:33:35 Amending Motion was made by Runyon, and seconded by Flem►ster to "allow the loss of not more than 6 parking spots ", Comments were provided by Runyon, Arends, Wheeler, and Flem►ster 07:40:12 AMENDING - M /S /C (Runyon /Flemister) Move to add the language to "allow the loss of not more than 6 parking spots" Voted in favor of Amendment Wheeler, Flemister, Daugs, Runyon, McDonald Voted against Amendment Arends, Younger, Wofford, Brockus Amendment carried 5 -Yes, 4 -No 07:42:45 MAIN - M /S /C (Wofford /Arends) Move to approve the Park Avenue Plaza 4th Street East improvement construction contract with South Bay Excavating, Inc in the amount of $722,500 00, City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 4 of 6 including Washington State sales tax, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion Flemister, Younger, Wofford, Daugs, Brockus, Runyon, Wheeler, McDonald Voted against Motion Arends Motion carried 8 -Yes, 1 -No Council recessed from 7 43 to 7 53 PM PUBLIC HEARINGS 7A — ORDINANCE NO. 5178 TO APPROVE A SIX (6) MONTH EXTENSION ON THE EXISTING MORATORIUM RELATING TO MEDICAL MARIJUANA COLLECTIVE GARDENS Allison Daniels Community Development, emphasized that the action before City Council is to conduct a public hearing to grant a six (6) month extension on the existing moratorium (Ordinance No 5159) which was approved on September 1, 2011 Council approved the six (6) month moratorium on all applications and permits for Medical Marijuana Collective Gardens as it was determined by City Council that the Bremerton Municipal Code (BMC) does not adequately address the placement of these uses, the impacts that these uses may present, and the City does not currently have sufficient regulations to property review and consider Medical Marihuana Collective Gardens in the community Currently staff is continuing to follow changing Federal and State regulations and other jurisdictions code amendments and implications regarding Medical Marihuana Collective Gardens RCW 35 63 200 and RCW 36 70A 390 authorizes cities to extend a moratorium for a period not to exceed six (6) months, unless a public hearing is conducted to extend one or more six (6) month moratoria President McDonald opened the Public Hearing for comments With no member of the public wishing to comment, the Hearing was closed to the public and opened for discussion by the Council 07:56:08 Motion to pass Ordinance No 5178 was made by Brockus, and seconded by Daugs, Comments were provided by Brockus and Runyon 07 M /S /C /U (Brockus /Daugs) Move to approve Ordinance No 5178 extending six (6) months to the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marijuana Collective Gardens 7B — ORDINANCE NO. 5177 TO AMEND THE ZONING CODE RELATING TO OPIATE SUBSTITUTION TREATMENT FACILITIES Allison Daniels Community Development, summarized that the action before Council is to conduct a public hearing and adopt an ordinance for zoning code amendments to Chapters 20 46, 20 86, and 20 98 of the Bremerton Municipal Code to address Opiate Substitution Treatment Facilities President McDonald opened the Public Heanng for comments, which were received by Robert Parker and Todd Best With no further member of the public wishing to comment, President McDonald closed the Hearing to the public and opened for discussion by the Council 08:15:07 Main Motion to pass Ordinance No 5177 was made by Wofford, and seconded by Wheeler, Comments were provided by Wofford 08:17:09 Amending Motion offered by Runyon to include a hybrid option "R" which would include Options A and D Amending Motion failed died due to lack of a second I Ms. Daniels pointed out a correction on the map displayed for Option D City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 5 of 6 President McDonald reopened the Public Hearing for comments, which were received by Robert Parker With no further member of the public wishing to comment, President McDonald again closed the Hearing to the public and opened for discussion by the Council, Comments and questions were provided by Daugs, Brockus, Runyon, Arends, and Wheeler 08:36:25 M /S /C (Wofford/Wheeler) Move to pass Ordinance No 5177 [Option D] amending the Zoning Code relating to Opiate Substitution Treatment Facilities Voted in favor of Motion Younger, Wofford, Daugs, Brockus, Wheeler, Flemister, Arends, McDonald Voted against Motion Runyon Motion carried 8 -Yes, 1 -No 7C — ORDINANCE NO. 5179 TO ADOPT THE PROPOSAL TO MODIFY CITY COUNCIL DISTRICT BOUNDARIES FOR THE CITY OF BREMERTON FROM 9 TO 7 Bill Eley IT Manager, explained that each decade, the U S Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation Also at the November 2011 election, the citizens of Bremerton approved a charter change reducing the City's districts from nine to seven To formalize the new district boundaries and the reduction form nine to seven, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance can not be adopted for at least a week after the public hearing As such, tonight's action is to make a presentation, illustrating the new boundaries and then hold the public hearing The ordinance will be presented to Council for formal adoption at the February 15, 2012 Council Meeting It was also explained that an appeal process was available through the state 45 -days from date of approval President McDonald opened the Public Hearing for comments With no member of the public wishing to comment, the Hearing was closed to the public and opened for discussion by the Council Comments and questions were received by Runyon and Brockus President McDonald reiterated that Ordinance No 5179 will be presented to Council for formal adoption at the February 15, 2012 Council Meeting COUNCIL MEMBER REPORTS Leslie Daugs reported it has been a busy and exciting first month, attending several events including a retirement party for Cecil McConnell and the AWC Legislative Action Conference She has been appointed to several Committees, and lastly will be donating 5% of her salary back to the City and challenged her fellow Council Members and Department Heads to do the same Adam Brockus mentioned the District 3 Meeting that was held last night, and will be inviting Public Works Director Katy Allen to the next District 3 meeting on Tuesday, February 21 Roy Runyon announced that Win -Co is hiring, and that he will be donating 5% of his salary to the Bremerton Farmer's Market Greg Wheeler announced that his next District 5 Neighborhood Meeting will be held on Monday, February 6 from 6 30 to 8 00 PM in the basement at the Community of Christ at Memorial Lutheran Church located at the corner of 10 & Veneta with April Mills leading a discussion on Evergreen Rotary Park, and Bill Eley will be discussing the proposed new Council District Boundaries Faye Flemister announced the Salad Bowl Sunday 2012 Unity Celebration hosted by Emmanuel Apostolic Church will be held at 4 00 PM on Sunday, February 26, 2012 in the President's Hall at the Kitsap Sun Pavilion, and Surviving Change and New Life will present a program "Remembering & City Council Reg Mtg Minutes Wednesday, February 1, 2012 Page 6 of 6 Moving Forward" as part of a Black History Celebration to be held at Bremerton High School on Friday, February 17 from 8 30 to 10 30 AM Carol Arends invited everyone to attend the First Friday Art Walk this week downtown, as well as the Charleston District Eric Younger noted in the Kitsap Sun that a new Starbucks will soon be located on Kitsap Way next to Walgreens, which is exciting especially during the current recession Nick Wofford reported that the Kitsap Historical Museum will be opening a new, free exhibit during the First Friday Artwalk, and that he was pleased to be donating 5% of his salary to Kitsap Mental Health Services and the Bremerton Food Bank Jim McDonald announced the Council would be joining the Mayor and Department Heads for a Joint Planning Session on Saturday, February 4, 2012 from Noon to 4 00 PM in the Mayor's Conference Room With no further business, President McDonald adjourned the Council Meeting at 9 02 PM Prepared and Submitted by LCKI Legislative Assistant Attest SHANNON CORK Interim City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL N5C ■• e eeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeoeseeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeee eeeee � SUBJECT: City Council Minutes for COUNCIL MEETING Date: Ftbru�o�.r`y 15, Z o Department* City Council �,��v g dLp Presenter Jim McDonald Council President Phone (360) 473 -5280 5 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount). N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: [Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT- 9� i COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4118/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES February 8, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NOW DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 8, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Lori Smith, Legislative Assistant was present to provide staff support President McDonald emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change The following Items are budgeted items or have been reviewed by the appropnate Council Committee, and will be placed on the February 15, 2012 Council Meeting Agenda unless otherwise stated 1 Extension of Inter -Local Agreement with Kitsap County Administrative Services for Court Security Services — Dawn Nelson, Municipal Court Administrator Consent Agenda 2 Proposal to amend the Inter -Local Agreement for Emergency Management Services to eliminate the City of Bremerton Council President and one at -large Council Member from the composition of the Kitsap County Department of Emergency Management Policy Board by— Jim McDonald, Council President (Information Only...) 3 Discussion and Instruction of use of tokens for Council e-mail — Bill Eley, Information Technology Manager (Information Only...) 4 Council Member Reports, and other General Council Business (Information Only...) The following two items are related to the TBD, but must be approved by the City Council 5 Approve proposed Conflict Waiver for the Bremerton Transportation Benefit District to utilize the City Attorney's Office for legal representation — Roger Lubovich, City Attorney Consent Agenda 6 Proposed Inter -Local Agreement between the Bremerton Transportation Benefit District and the City of Bremerton to provide street preservation and maintenance services to the City — Becky Hasart, Financial Services Director General Business President McDonald announced that following a brief recess, the Bremerton Transportation Benefit District (TBD) Board would be convening for a Work Session He then adjourned the Council Study Session at 6 40 PM Prep red and Submitted b LtfRrsmITH Attest Legislative Assistant SHANNON CORIN, Interim City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL v5T) ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeeeee SUBJECT: Extension of Inter -local Study Session Date February 8, 2012 Agreement for Court Security Services COUNCIL MEETING Date February 15, 2012 Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY: The Bremerton Municipal Court has an Inter -local agreement with Kitsap County Administration Services to provide security for the courthouse at 550 Park Avenue The Inter -local agreement is good for 1 year and can be extended for an additional 12 months with written notification of the City's intent to extend This would extend the agreement from March 6, 2012 through March 5, 2013 Compensation will remain the same as the previous year at $57,494 per year, with uniform and uniform cleaning estimated to be $665 00 In the event the City participates in furloughs that result in court closure days, the County agrees to not bill the City for up to a maximum of 5 of these closure days ATTACHMENTS: Inter -local Agreement for Court Security Services (KC089 -09) including Attachment A listing fiscal impacts FISCAL IMPACTS (Include Budgeted Amount) Adequate funds are currently included in the 2012 Municipal Court Budget APPROVALS: DEPARTMENT DIRECTOR La UM no oiry-) CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 0 Move to approve the extension of the Inter -local Agreement between the City of Bremerton and Kitsap County Administrative Services and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: [Consent Agenda ❑ General usiness ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 'r BREMERTON MUNICIPAL COURT NOW 30 Mw 74 i44460-4734260 '4, a Fi)rW 473.5,262 ' 580 RarkAvenue,�?,, Bremerton, WA 96337 January 13, 2012 Director of Administrative Services 619 Division St MS -7 Port Orchard, WA 98366 Reference Bremerton, City Interlocal for Security Officer 089 -09 To Whom It May Concern The Bremerton Municipal Court would like to exercise its option to extend the above referenced contract by 12 months pursuant to Section 2 1 This will, by mutual agreement, extend the expiration date until March 5, 2013 Pursuant to our email conversation, it is also agreed that if the City participates in furloughs that result in court closures, a list of those dates would be provided to you as soon as they are decided It is also agreed that the City would not be responsible for paying for security services for those closure dates, up to a maximum of five (5) days Respectfully, I XJLJ � Dawn Nelson Court Administrator Revision 2000 -09 -02 KC- 089 -09 -B CONTRACT AMENDMENT This CONTRACT AMENDMENT is made and entered into between KITSAP COUNTY, a municipal corporation, with its principal offices at 614 Division Street, Port Orchard, Washington 98366, hereinafter "COUNTY ", and City of Bremerton, hereinafter "CONTRACTOR" In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract, numbered as Kitsap County Contract No KC- 089 -09, and executed on 06/08/2009, shall be amended as follows 1 Section 2. DURATION shall be amended to read as follows This Amendment shall take effect March 6, 2011 for a period of 12 months The City will have the option of extending the term by a period of an additional 12 month(s) by giving written notice to the County of its intention to extend as provided in Section 4 1 of this Agreement 2 Section 1.2: PAYMENT OF COSTS shall be amended to read as follows The City shall reimburse the County the costs of providing the City with a full - time Step 6 Court Security Officer, the costs of which are as identified in Attachment A hereto The costs subject to reimbursement shall be subject to such adjustments as may be provided for in the County's collective bargaining agreement covering its employees Both the County and the City shall be bound by the terms and provisions of the County's collective bargaining agreement covering court services for Court Security Officers together with any future amendments or modifications thereto The City shall provide coverage for the Court Security Officer during the regular morning, lunchtime and afternoon breaks of the Court Security Officer with an individual designated by the City 3 If this Contract Amendment extends the expiration date of the Contract, then the Contractor shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date The Contractor shall submit the certificate of insurance to Kitsap County Risk Management Division, 614 Division Street, MS -7, Port Orchard, WA 98366 4 Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect This amendment shall be effective upon execution by the parties DATED this lb day •�F , 2011 DATED this $ day 1 2011 V CONTRACTOR KIT COUNTY BOA OF Patty Len , M yor Ch rrido, Chair Bre erton i y Attorne ' I er, Commissi n r 'L` Josh Brown, Commissioner OAS 0 ATTEST: rn ZO X �Z' Dana Daniels, Clerk of the Board ING �S� P COO ATTACHMENT A TO INTERLOCAL AGREEMENT FOR COURT SECURITY SERVICES The City shall reimburse the County for the wages and employment -based benefits necessary and incidental to providing the City with a full -time Step 6 court security officer under the collective bargaining agreement covering court security officers Those costs are as follows • Wages, benefits, and employer's share of employment taxes (estimated to be $57,494 per year), • Uniform (estimated to be $400 00), and uniform cleaning (estimated to be $265 00 per year), • Overtime wages worked, • Cost of living increases (COLAs) authorized by the Kitsap County Board of Commissioners subsequent to this agreement, • Travel reimbursement, if applicable In addition, in the event the court security officer assigned to the City is absent for personal reasons (e g , sick and annual leave), the City will pay the County a per diem rate consisting of the annual wages and benefits of a Step 6 court security officer estimated to be $221 00 per day (annual salary of $57,494 divided by 260 work days per year) to cover the sick and annual leave absences The Bremerton Municipal Court will have five (5) furlough days in 2011 The County has verbally agreed to exclude these dates using the daily rate based on the monthly fee of $4,791 17 ($57,494 divided by 12 month) and the number of days in that month for each respective invoice • Friday, March 25, 2011 ( -$154 55) • Friday, May 27, 2011 ( -$154 55) • Friday, July 1, 2011 ( -$154 55) • Friday, September 2, 2011 ( -$159 71) • Friday, December 23, 2011 ( -$154 55) Page 1 of 2 Dawn Nelson From: Lee Reyes [LReyes @co kitsap wa us] Sent: Wednesday, January 04, 2012 1142 AM To: Dawn Nelson Subject: RE Security Contract No you can send the extension, I will note that we have agreed to do up to five furloughs (number of furloughs from 2011) during the contract period with the dates to be determined. This way we are covered both ways Does that work for you? (" lfe� W MS -7, X4471 From: Dawn Nelson [ madto . Dawn. Nelson @ci.bremerton.wa.us] Sent: Wednesday, January 04, 2012 11:38 AM To: Lee Reyes Subject: RE: Security Contract Thank your I am still unsure about furloughs I have agreed to do 6 of them but the union is still in negotiations I do not anticipate the court closing more than 1 day if any We will rotate our days off if the union members take any furloughs The only anticipated closure might be December 24, 2012 1 will keep you informed Do you want me to wait to send in the extension letter to see if we have union resolution? l)awwn .Neban Bremerton Municipal Court Administrator 360 473 - 5242 From: Lee Reyes [madto:LReyes @co.kitsap.wa us] Sent: Wednesday, January 04, 2012 11:24 AM To: Dawn Nelson Subject: RE: Security Contract Thank you Dawn, I've attached a sample letter for the furloughs as well as the letter I received from the City in 2010 to extend contract I don't think we had one last year as I believe 1t was verbal, as we met before doing the amendment to make sure changes to renewal contract and include furloughs. Thanks, (" IePe 1/9/2012 Page 2 of 2 Kitsap County Department of Administrative Services 614 Division Street, MS -7 Port Orchard, WA 98366 Tel.. (360) 337 -4471 Fax- (360) 337 -7052 From: Dawn Nelson [ madto : Dawn. Nelson @ci.bremerton.wa.us] Sent: Wednesday, January 04, 2012 10:39 AM To: Lee Reyes Subject: Security Contract Hi Lee, I am getting my requistions ready for this year You have already indicated the rates would be the same Thank you for that info' I see that our current contract expires on March 1, 2012, with an option to extend for an additional 12 months Do you have a sample form you would like used for making that extension? I need to run it through my legal department and'I want to make sure we have plenty of time to get it through the proper channels Also, what do you think about doing something so the contract expires at the end of the year instead of in March? Seems like that might be easier Lastly, I need to have all of my 2011 bills run through finance by next week When do you anticipate sending out the security bill for December? I think we usually get it around the 11 - 13th of the month which should be fine, but again, I want to make sure I get it processed timely Thank you, Daum .Neban. Bremerton Municipal Court Administrator 360 473-5242 1/9/2012 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E osao�����ae������a����o��r���■■ ����s���000aaNa000Ea28a0000N00030 005000 0 ■05000aa0a000a0 SUBJECT- Conflict Waiver for TBD to Study Session Date February 8, 2012 utilize the City Attorney's Office for legal COUNCIL MEETING Date February 15, 2012 representation Department City Attorney's Office Presenter Roger Lubovich Phone 360- 473 -2345 SUMMARY The TBD Board wishes to utilize the City Attorney's Office for legal representation Under the Rules of Professional Conduct in order for the City Attorney's Office to represent the TBD and the City, both must sign a written waiver of a potential conflict of interest ATTACHMENTS Conflict Waiver FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION. Move to appr a the Conflict Waiver and authorize the Mayor to finalize and execute the Conflict Waiver with substantially the same terms and conditions as presented STUDY SESSION ACTION f Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 i f � 1 r Office of the City Attorney Roger A. Lubovich, City Attorney Tel 360- 473 -2345 Fax 360 -473 -5161 345 6th Street, Sude 600 Bremerton WA 98337 -1873 February 7, 2012 The Honorable Patty Lent Mayor City of Bremerton Dear Mayor Lent As you know, the Bremerton Transportation Benefit District ( "the TBD ") is a quasi - municipal corporation created by the City of Bremerton ( "the City ") to provide a funding source to maintain and preserve city streets I believe the most efficient and practical way to represent the TBD is to have the Bremerton City Attorney represent the TBD and the City, jointly While the benefits of a joint representation of the TBD and the City may be obvious to you (cost efficiency, easy access to legal advice, etc ), there are also certain potential disadvantages that generally exist any time the same lawyer jointly represents two or more parties Though they are remote and theoretical at this time, it is important that you understand these disadvantages that may arse in representing two entities in a transaction It is my ethical obligation to advise you of these possibilities The first disadvantage involves the sharing of information between the clients All communications between the City Attorney's Office and its clients are confidential under the attorney - client privilege, and these communications cannot be disclosed to any third parties without the client's consent In a joint representation this remains true, but the privilege is shared among the jointly represented parties This means that any confidential information can be kept from the world at large, but must be shared among the point clients Thus, any information the City shares with me will be deemed received by the TBD. In turn, any information the TBD shares with me will be deemed received by the City The second drawback to point representation is that a conflict of interest may one day surface between the clients For obvious reasons, I do not see that as a significant risk, and to be clear, there is no current conflict of interest I am comfortable that I can represent all the parties in this case without any conflicts of interest Nevertheless, because there is always the possibility that a conflict of interest could anse at some time between the TBD and the City, I can only represent the TBD and the City in TBD related matters if the City agrees (1) such representation will not interfere with my right to represent both entities and (2) that I may discontinue representing both entities in TBD related • Page 2 February 7, 2012 matters if, in my judgment, continuing to do so would potentially jeopardize my right to represent the City. If, at any time in the future, I conclude that there is a conflict of interest that precludes continued point representation, I will promptly advise the City of that belief and withdraw from representing the TBD and the City in any matter related to the TBD Similarly, if at any time you believe the City's interests would be better served by separate representation, you will promptly advise me and the TBD will have the opportunity to select its own attorney while I continue to represent the City If, after reviewing this letter, you wish me to represent the TBD and the City jointly, please sign and date the enclosed copy of this letter and return it to me. If you have any questions at all regarding my responsibilities in representing both the TBD and the City, please feel free to contact me directly Sincerely, Roger A. Lubovich City Attorney CITY OF BREMERTON Patty Lent Date Mayor AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Ordinance No 5179 adopting Study Session Date January 11, 2012 the proposal to modify the City's district COUNCIL MEETING Date February 15, 2012 boundaries from nine to seven Department IT /Financial Services Presenter Bill Eley /Becky Hasart Phone 473 - 5293/473 -5722 SUMMARY: Each decade, the US Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation Also, at the November 2011 election, the citizens of Bremerton approved a charter change reducing the City's distncts from nine to seven To formalize the new district boundaries and the reduction from nine to seven, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance cannot be adopted for at least a week after the public hearing The public hearing was held on February 1, 2012 Tonight's action is to formally adopt the ordinance setting the seven district boundaries The new district boundaries information /maps are available on the City's web site If the public has objections to the new boundaries, they do have a 45 day appeal process through Kitsap Superior Court ATTACHMENTS Red;jl�- e-A P p�Ge5S �So, ,+0 1 0 &W X110. 5 7 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR j ot RECOMMENDED MOTION: Move to approve Ordinance No 5179 adopting new City Council District boundaries for seven City Council Districts for the City of Bremerton based on the year 2010 census and repealing Ordinance No 5162 relating to City Council Districts STUDY SESSION ACTION: ❑ Consent Agenda kfGeneral Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action REDISTRICTING II Goal • To provide the citizens of Bremerton equal City Council representation by creating the Council district boundaries in line with population counts provided from the 2010 Census Redistricting Guidelines • District boundaries should be created such that the district populations are as near to equal as possible • Census blocks should be contiguous within districts • Census blocks must not be broken apart • Boundaries should follow natural and artificial boundaries • Where feasible neighborhoods should remain in tact within district boundaries • Political considerations should not be a factor in redistricting decision making • Redistricting decisions should not be affected by the residential address of seated Council members What is a Census Block? • A census block is the smallest geographic unit used by the United States Census Bureau for tabulation of 100 - percent data (data collected from all houses, rather than a sample of houses) • Blocks are typically bounded by streets, roads or creeks In cities, a census block may correspond to a city block but in rural areas where, roads are fewer, blocks may be limited by other features The population of a census block varies greatly There are about 2,700,000 blocks with a population of 0, while a block that is entirely occupied by an apartment complex might have several hundred inhabitants According to the 2010 Census, the population or the City of Bremerton is 37,729 7 districts 37,729 - 7 = 5,390 per district Considerations: ➢ Navy Base to be split between two districts On the East Side ➢ Originally Districts 1, 2 & 3 plus 1000+ of District 5 ➢ Population 13,599 ➢ Equates to 2 full new districts plus 2,800+ of split district On the West Side ➢ Originally Districts 4,6,7,8 & 9 plus c3,300 of District 5 Population 24,111 ➢ Equates to 4 full districts plus c2,600 of split district ➢ Split district will have majority of its population on the East Side ORDINANCE NO. J AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting new City Council District boundaries for seven City Council Districts for the City of Bremerton based on the year 2010 census and repealing Ordinance No 5162 relating to City Council Districts WHEREAS, the Bremerton City Charter authorizes the City Council to change the boundaries of existing City Council Districts by ordinance, and WHEREAS, the 2010 census has necessitated the adjustment of City Council District boundaries to more equally balance population, and WHEREAS, the City Council passed Ordinance No. 5162 on September 21, 2011 repealing Ordinance No 4812 relating to City Council Districts and further making an adjustment of the nine City Council District boundaries to more equally balance population based on the year 2010 census; and WHEREAS, during the November 2011 General Election, the voters of the City of Bremerton approved a charter amendment to the City of Bremerton Charter reducing the number of Council Members and Council Districts from nine to seven, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION I. Ordinance No 5162 of the Bremerton City Council establishing City Council Districts is hereby repealed and new City Council Districts are established as legally described herein and as set forth in the maps attached as Exhibit "A" SECTION 2. Council District No 1 of the City of Bremerton shall include DISTRICT NO.1 That portion of Sections 2, 3 and 11, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, lying northerly of the Port Washington Narrows, and lying westerly of the following described line Beginning at the centerline intersection of Warren Avenue (State Route 303) and the Port Washington Narrows, being the true point of beginning, thence generally northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road, thence continuing northerly along the centerline of Wheaton Way (State Route 303) to the intersection with Sylvan Way, thence westerly along said centerline of Sylvan Way to the centerline intersection with Gillette Avenue, thence northerly along the centerline of Gillette Avenue to the centerline intersection with Rasmussen Lane, thence easterly along the centerline of Rasmussen 1 Redistricting 2012 — Seven Council Districts Lane to the intersection with the west property line of Lot 74 of the plat of Valle -Hi Addition 2 as recorded in Volume 9 of the book of plats, Page 75, records of Kitsap County, Washington, thence southerly and easterly along the property line of said Lot 74 to the east line of said plat of Valle -Hi, also being the east line of the west half of the southeast quarter of said Section 2; thence northerly along said east line and extension thereof to the intersection of the Bremerton City limits, also being the terminus SECTION 3. Council District No 2 of the City of Bremerton shall include DISTRICT NO.2 That portion of Section 1, 2, 11, 12, and 13 Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, described as follows Beginning at the centerline intersection of Warren Avenue (State Route 303) and the Port Washington Narrows, being the true point of beginning, thence generally northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road, thence continuing northerly along the centerline of Wheaton Way (State Route 303) to the intersection with Sylvan Way, thence westerly along said centerline of Sylvan Way to the centerline intersection with Gillette Avenue; thence northerly along the centerline of Gillette Avenue to the centerline intersection with Rasmussen Lane, thence easterly along the centerlme of Rasmussen Lane to the intersection with the west property line of Lot 74 of the plat of Valle -Hi Addition 2 as recorded in Volume 9 of the book of plats, Page 75, records of Kitsap County, Washington, thence southerly and easterly along the property line of said Lot 74 to the east line of said plat of Valle -Hi, also being the east line of the west half of the southeast quarter of said Section 2, thence northerly along said east line and extension thereof to the intersection of the Bremerton City limits, thence along the Bremerton City limits to the centerline intersection with Perry Avenue at Stone Way, thence southerly along the centerline of Perry Avenue to the centerline intersection with East 18 Street, thence westerly along the centerline of East 18 Street to the centerline intersection with Lower Wheaton Way, thence continuing westerly along the centerline of Lower Wheaton Way to the centerline intersection with Schley Canyon, thence southerly and westerly along the centerline of Schley Canyon and extension thereof to the centerline intersection with the Port Washington Narrows, thence generally northerly along the centerline of Port Washington Narrows to the true point of beginning SECTION 4. Council District No 3 of the City of Bremerton shall include DISTRICT NO.3 That portion of Section 12, 13, 14, 23 and 24 Township 24 North, Range 1 East, and Section 7 and 18, Township 24 North, Range 2 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying easterly of the following described line 2 Redistricting 2012 — Seven Council Districts Beginning at the intersection of the centerline of Sinclair Inlet and extension thereof of the eastern boundary of the Puget Sound Naval Shipyard (PSNS) as depicted on Volume 65 of the book of surveys, Pages 160 through 164, records of Kitsap County, Washington, thence northwesterly along said eastern boundary to the centerline intersection with 1 St Street; thence westerly along the centerline of 1 St Street to the centerlme intersection of Farragut Avenue, thence continuing westerly along the centerline of Farragut Avenue to the centerline intersection with State Avenue; thence northerly along the centerline of State Avenue to the intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection with Chester Avenue, thence northerly along the centerline of Chester Avenue to the centerline intersection with 6 th Street, thence easterly along the centerline of 6 th Street to the centerline intersection with Warren Avenue, thence northerly along the centerline of Warren Avenue to the centerline intersection with Port Washington Narrows, thence southeasterly along the centerline of Port Washington Narrows to the centerline intersection with the centerline line of Schley Canyon and extension thereof, thence easterly and northerly along the centerline extension and centerline of Schley Canyon to the centerline intersection with Lower Wheaton Way; thence easterly along the centerline of Lower Wheaton Way to the centerline intersection of East 18 Street, thence continuing easterly along the centerline if East 18 Street to the centerline intersection with Perry Avenue, thence northerly along the centerline of Perry Avenue to the intersection of the Bremerton City limits, also being the terminus SECTION S. Council District No 4 of the City of Bremerton shall include DISTRICT NO.4 That portion of Section 13, 14, 23, and 24, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits and lying southwesterly of the Port Washington Narrows waterway, described as follows Beginning at the intersection of the centerline of Sinclair Inlet and extension thereof of the eastern boundary of the Puget Sound Naval Shipyard (PSNS) as depicted on Volume 65 of the book of surveys, Pages 160 through 164, records of Kitsap County, Washington, also being the true point of beginning, thence northwesterly along said eastern boundary to the centerline intersection with 1 st Street, thence westerly along the centerline of 1 st Street to the centerline intersection of Farragut Avenue, thence continuing westerly along the centerline of Farragut Avenue to the centerline intersection with State Avenue, thence northerly along the centerline of State Avenue to the intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection with Chester Avenue, thence northerly along the centerline of Chester Avenue to the centerline intersection with 6 th Street, thence easterly along the centerline of 6 th Street to the centerline intersection with Warren Avenue, thence northerly along the centerline of Warren Avenue to the centerline intersection with Port Washington Narrows, thence westerly along the centerline of Port Washington Narrows to the extension of the west line of the Supplemental Plat of Bay View Garden Tracts as recorded in Volume 5 of the book of plats, Page 19, thence southerly along said extension and west line of the Supplemental Plat of Bay View Garden Tracts to the intersection of the north margin of Marguerite Avenue, thence along said north margin to the intersection of the south line of the plat of Sea -Bnm East as recorded in Volume 3 of condominium plats, Pages 125 through 129, 3 Redistricting 2012 — Seven Council Districts thence along said south line of the plat and extension thereof westerly to the centerline intersection with Naval Avenue, thence southerly along the centerline of Naval Avenue to the centerline intersection with 15 Street, thence easterly along the centerline of 15 Street to the centerline intersection with said Marguerite Avenue, thence southerly along the centerline of Marguerite Avenue to the centerline intersection with 13 Street, thence easterly along the centerline of 13 Street to the centerline intersection with Hewitt Avenue, thence southerly along the centerline of Hewitt Avenue to the centerline intersection with 6 th Street, thence westerly along the centerline of 6 Street to the centerline intersection with said Hewitt Avenue, thence southerly along the centerline of Hewitt Avenue and extension thereof to the centerline intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection of Coghlan Road, thence generally southerly and westerly along Coghlan Road to the centerline intersection with Decatur Avenue, thence westerly along the centerline of Decatur Avenue to the centerline intersection with Dewey Street, thence south to the centerline intersection of Rodgers Avenue, Thence southeasterly along the centerlme of Rodgers Avenue to the centerline intersection of "T" Street, thence south along the centerline of "T" Street and extension thereof to the intersection of the centerline of Sinclair Inlet; thence generally easterly along centerline of Sinclair Inlet to the point of beginning SECTION 6. Council District No 5 of the City of Bremerton shall include- DISTRICT NO.5 That portion of Section 14, 15, 22, and 23, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying southerly and westerly of the following described line Beginning at the intersection of the Bremerton City limits and centerline of Dora Avenue, thence northerly on the centerline of Dora Avenue to the centerline intersection with 6 th Street, thence easterly on the centerline of 6 th Street to the centerline intersection with Adele Avenue, thence northerly on the centerline of Adele Avenue to the centerline intersection with 9 Street, thence easterly on the centerline of 9 1h Street to the centerline intersection with Wilbert Avenue, thence northerly on the centerline of Wilbert Avenue to the centerline intersection of 11 Street, thence easterly on the centerline of 11 Street to the centerline intersection of Kitsap Way (State Route 310), thence southerly on the centerline of Kitsap Way to the centerline intersection of said 11 Street, thence easterly on the centerline of 11 Street to the centerline intersection with Hewitt Avenue, thence southerly along the centerline of Hewitt Avenue to the centerlme intersection with 6 th Street, thence westerly along the centerline of 6 th Street to the centerline intersection of said Hewitt Avenue; thence southerly along said centerline of Hewitt Avenue and extension thereof to the centerline intersection with Mahan Avenue, thence easterly along the centerline of Mahan Avenue to the centerline intersection of Coghlan Road, thence generally southerly and westerly along Coghlan Road to the centerline intersection with Decatur Avenue, thence westerly along the centerline of Decatur Avenue to the centerline intersection with Dewey Street, thence south to the centerline intersection of Rodgers Avenue, Thence southeasterly along the centerline of Rodgers Avenue to the centerline intersection of "T" Street; thence south along the centerline of "T" Street and extension thereof to the intersection of the centerline of Sinclair Inlet and the terminus 4 Redistricting 2012 — Seven Council Districts SECTION 7. Council District No 6 of the City of Bremerton shall include DISTRICT NO.6 That portion of Section 4, 9, 10, 11, 14, 15, 16, and 22 Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying southerly of the Port Washington Narrows and Dyes Inlet, and lying easterly of Ostrich and Oyster Bays, described as follows Beginning at the intersection of the west margin of Pershing Avenue and centerline of Oyster Bay, also being the true point of beginning, thence southerly along the said west margin to the centerline intersection with Kitsap Way (State Route 310), thence westerly along the centerline of Kitsap Way to the centerline intersection with Oyster Bay Avenue, thence southerly along the centerline of Oyster Bay Avenue to the intersection with the Bremerton City limits, thence generally northerly and easterly along the Bremerton City limits to the centerline intersection with Dora Avenue, thence northerly on the centerline of Dora Avenue to the centerline intersection with 6 th Street, thence easterly on the centerline of 6 th Street to the centerline intersection with Adele Avenue, thence northerly on the centerline of Adele Avenue to the centerline intersection with 9 th Street, thence easterly on the centerline of 9 th Street to the centerline intersection with Wilbert Avenue, thence northerly on the centerline of Wilbert Avenue to the centerline intersection with 11 th Street, thence easterly on the centerline of 11 Street to the centerline intersection of Kitsap Way (State Route 310), thence southerly on the centerline of Kitsap Way to the centerline intersection of said 1 l Street, thence easterly on the centerline of 11 Street to the centerline intersection with Hewitt Avenue; thence northerly along the centerline of Hewitt Avenue to the centerline intersection with 13 Street, thence westerly along the centerline of 13 Street to the centerline intersection with Marguerite Avenue, thence northerly along the centerline of Marguerite Avenue to the centerline intersection of 15 Street, thence westerly along the centerline of 15 Street to the centerline intersection of Naval Avenue, thence northerly along the centerline of Naval Avenue to the intersection with the extension of the south line of the plat of Sea -Bnm East as recorded in Volume 3 of condominium plats, Pages 125 through 129, thence along said extension and south line of the said plat thereof easterly to the intersection of the north margin of Marguerite Avenue, thence northerly along said north margin to the intersection of the west line of the Supplemental Plat of Bay View Garden Tracts as recorded in Volume 5 of the book of plats, Page 19, thence northerly along said west line and extension thereof to the intersection of the centerline of Port Orchard Narrows, also being the terminus SECTION 8. Council District No 7 of the City of Bremerton shall include DISTRICT NO.7 That portion of Section 4, 5, 7, 8, 9, 15, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, Township 24 North, Range 1 East, and Section 13, 14, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, Township 24 North, Range 1 West, and Section 1, 2, 11, 12, 13, 14, 15, 22, 23 and 24 Township 23 North, Range 1 West, and Section 4 and 5, Township 23 North, Range 1 East, Willamette 5 Redistricting 2012 - Seven Council Districts Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, lying westerly of Ostrich and Oyster Bays, and lying westerly of the following described line Beginning at the intersection of the extension of the centerline of Forrest Avenue and centerline of Oyster Bay, also being the true point of beginning, thence southerly along the extension of and centerline of Forrest Avenue to the centerline intersection with Kitsap Way (State Route 310), thence westerly along the centerline of Kitsap Way to the centerline intersection with Oyster Bay Avenue, thence southerly along the centerline of Oyster Bay Avenue to the intersection with the Bremerton City limits, and the terminus SECTION 9. The City Clerk shall maintain an Official District Map setting forth Council Districts established by this ordinance as set forth in Exhibit "A" attached hereto and by reference incorporated herein, which illustrates the areas included in each City Council District by this ordinance SECTION 10. Pursuant to Section 7 of the Bremerton City Charter, no change in the boundaries of Council Districts as established by this ordinance shall affect the terms of any Council member, except as provided in Section 6(2) of the Bremerton City Charter relating to the reduction of Council Members and Council Districts from nine to seven in number as approved by the voters of the City of Bremerton during the November 2011 General Election Council members shall serve out their terms, as provided in Section 6(2) of the Bremerton City Charter, representing the district for which they were elected even though such change of district boundaries may result in more than one Council member residing in the same district SECTION 11. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 12. Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2012 JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor 6 Redistricting 2012 — Seven Council Districts APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, Inteiim City Clerk PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances \City CounciRCouncil Districts (2012) - Final doc 7 Redistricting 2012 — Seven Council Districts 1. B CITY OF . BREtv1ERTON ;.- .- . -. -- .-.•. .- � � . Council Distnels- t 'N , �� i ✓i'' �...t'�� rxJ.I� i'�. 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AGENDA BILL CITY OF BREMERTON CITY COUNCIL (09 eeseeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eseeeeeeee■ SUBJECT: Interlocal Agreement with Study Session Date February 8, 2012 Bremerton Transportation Benefit District to COUNCIL MEETING Date February 15, 2012 provide street preservation and maintenance Department Financial Services services to the City G h 6e.ko -T- of- Tt3 ,D Presenter Becky Hasart Phone 473 -5722 SUMMARY: The City of Bremerton created a benefit transportation district (TBD) in February 2009 to address the fiscal needs of performing street preservation and maintenance activities within Bremerton City limits On December 7, 2011, the TBD enacted a $20 vehicle fee for this purpose Because the TBD is an independent agency separate from the City, an Interlocal agreement is needed in order for the City to perform street related projects on behalf of the TBD ATTACHMENTS: Interlocal Agreement between the City of Bremerton and the Bremerton Transportation Benefit District FISCAL IMPACTS (Include Budgeted Amount) There are no fiscal impacts to the City of Bremerton APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the Interlocal Agreement between the City of Bremerton and the Bremerton Transportation Benefit District and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ Consent Agenda 'Gener Business ❑ Public Hearing COUNCIL PRESIDENT 5 6'0 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON, WASHINGTON AND THE BREMERTON TRANSPORTATION BENEFIT DISTRICT This agreement between the City of Bremerton, Washington ("City'), and the Bremerton Transportation Benefit District ( "TBD "), each of whom is organized as a Municipal Corporation under the laws of the state of Washington, is entered into on the date fully executed below. WHEREAS, Chapter 39 34 RCW ( Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual advantage, WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct, public street infrastructure within its city limits in accordance with the powers granted pursuant to RCW 35.22 280, WHEREAS, pursuant to Ordinance No. 5076, codified in Chapter 1125 Bremerton Municipal Code ( "Chapter 1125 BMC") the TBD was created to provide adequate funding for transportation improvements that preserve, maintain, improve and, as appropriate, construct or reconstruct the existing transportation infrastructure of the City consistent with and Chapter 36.73 RCW; WHEREAS, the City and the TBD desire to better coordinate their efforts in order to pursue their individual, point and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City; NOW THEREFORE, The parties have entered into this agreement in consideration of the mutual benefits to be derived and to coordinate their efforts through the structure provided by the Interlocal Cooperation Act 1. Recitals The recitals set forth above are hereby incorporated by reference 2. Purpose and Interpretation. The City is empowered by Title 35 RCW to construct, reconstruct, maintain and preserve City streets and other related public infrastructure either by contract or through the use of City forces The TBD has been constituted in accordance with state law to provide a source of funding for transportation improvements that preserve, maintain and improve the transportation infrastructure and related infrastructure within the City limits of the City. The TBD has no employees and its officers are either City Council Members serving in an ex officio capacity or are City employees designated to serve under the provisions of state law In order to make the most efficient use of public monies, to avoid duplication of effort and to coordinate their efforts, the parties have entered into this agreement. In the event of ambiguity or the need for guidance arises, this agreement shall be interpreted in accordance with the provisions of Chapter 1125 BMC, Chapter 36.73 RCW, and the provisions of the Governmental Accounting Act and RCW 43 09 210 as the same exists or shall hereafter be amended. In the event that any provision of this agreement is held to be in conflict with existing state statute or any future amendment thereof, such provisions shall be severable, and the remaining provisions of this agreement shall remain in full force and effect. 1 City/TBD Interlocal Agreement 3. Obligations of the TBD In accordance with the requirements of Chapter 36 73 RCW, Chapter 1125 BMC, the TBD agrees to: 3.1 Provide to the City all funding received from any and all lawful sources, net administrative expenses, which the TBD in its sole discretion may levy for the purpose of making transportation improvements that preserve, maintain and improve the transportation infrastructure and related infrastructure of the City. 32 Continue the annual provision of funding for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City so long as the TBD remains in existence. Such funding shall be in accordance with and limited by the provisions of Chapter 1125 BMC and Chapter 36.73 RCW 3.2.1 Shall hold public hearings prior to levying any charge, tax or fee and shall levy any charge, tax or fee only in accordance with law and ordinance; 3 2 2 Develop an annual work plan and designate projected street maintenance, preservation and improvement projects within City for funding, and 3 2 3 Pursuant to RCW 36 73 160(1), shall develop a material change policy to consider at a minimum the impacts and appropriate remedies if transportation improvements contained in its annual plan exceed its original cost by more than 20 %. In such case, the TBD shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved. The obligations of this agreement shall be interpreted and applied in a manner consistent with this adopted policy 4 Obligation of the City The City shall 41 Provide staff support and other resources to the TBD In consideration of the benefits derived by the City, overhead charges such as staff support as well as utilities, information technology, office supplies, equipment and other resources as agreed upon shall be a contribution of the City to the parties' joint goals and objectives and need not be directly charged to the TBD, unless otherwise required by law Staff support provided may include the services of the City Attorney, the City Clerk when serving as Clerk of the TBD, the City's Director of Financial Services when serving as its Treasurer, City Council staff and other staff deemed necessary to implement the programs of the TBD. 4.2 In addition to the staff support and resources set forth in Subsection 4.1 above, the City's Public Works Committee may be used by the TBD as a resource to review, consider and provide recommendations to the TBD regarding the annual work plan, transportation improvements to be included therein and other items related to the operation of the TBD. 4.3 Maintain for the period established by the State Archivist retention schedule, financial records, kept in accordance with general accepted accounting practice and governmental accounting requirements, as necessary to document that any and all funding received through the TBD is used only for the maintenance, preservation and improvements of City streets and infrastructure in accordance with law and ordinance. 2 City/TBD Interlocal Agreement 44 Utilize all funding provided by the TBD for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 1125 BMC and Chapter 36 73 RCW In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements. 5 Ownership. Streets and related transportation infrastructure preserved, maintained and improved with TBD funds are and shall remain the property of the City. No point property ownership Is contemplated under the terms of this agreement 6 No Joint Board No provision is made for a joint board The TBD shall exercise Its function in accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement 7. No Indemnitv No indemnification is provided by this agreement. The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement. 8. Termination. This agreement shall terminate or expire as follows 81 This agreement may be terminated by either party upon the provision of three hundred and sixty -five (365) calendar days notice. A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party 8.2 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently enacted or hereinafter amended IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above. CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT Patty Lent, Mayor , Board President ATTEST: ATTEST: Shannon Corin, Interim City Clerk Becky Hasart, Treasurer/Board Clerk R Tegal\Legal\F►les\Current Active Files\Transportation Benefit Distnct \City -TBD Interlocal Agreement doc 3 City/TBD Interlocal Agreement 4.4 Utilize all funding provided by the TBD for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 11.25 BMC and Chapter 36.73 RCW In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements. 5 Ownership Streets and related transportation infrastructure preserved, maintained and improved with TBD funds are and shall remain the property of the City No joint property ownership is contemplated under the terms of this agreement 6 No Joint Board. No provision is made for a ,joint board The TBD shall exercise its function in accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement 7 No Indemnity. No indemnification is provided by this agreement. The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement. 8 Termination. This agreement shall terminate or expire as follows 8 1 This agreement may be terminated by either party upon the provision of three hundred and sixty-five (365) calendar days notice. A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party 82 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently enacted or hereinafter amended. IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above. CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT Patty Lent, Mayor , Board President ATTEST ATTEST. Shannon Corin, Interim City Clerk Becky Hasart, Treasurer/Board Clerk R TegalTegal\Files \Current Active Files\Transportat►on Benefit Distnct\City -TBD Interlocal Agreement doc 3 City/TBD Interlocal Agreement 44 Utilize all funding provided by the TBD for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 1125 BMC and Chapter 36.73 RCW. In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements 5 Ownership Streets and related transportation infrastructure preserved, maintained and improved with TBD funds are and shall remain the property of the City No joint property ownership is contemplated under the terms of this agreement 6 No Joint Board. No provision is made for a point board The TBD shall exercise its function in accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement 7 No Indemnity. No indemnification is provided by this agreement The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement 8 Termination. This agreement shall terminate or expire as follows 81 This agreement may be terminated by either party upon the provision of three hundred and sixty -five (365) calendar days notice. A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party 82 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently enacted or hereinafter amended IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above. CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT Patty Lent, Mayor , Board President ATTEST: ATTEST: Shannon Corin, Interim City Clerk Becky Hasart, Treasurer/Board Clerk R \Lega1\Lega1\Fi1es \Current Active Files\Transportation Benefit Distnct \Ctty-TBD Interlocal Agreement doc 3 City/TBD Interlocal Agreement