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Home My WebLink About01/19/05 AGENDA oJ.,-I-. L. E. . ... . -- " . I ~ 0 I ; , ~ CITY'c-O~~CIL 3456th Street, Suite ~OO, Bremerton, WA 98337-1873 03 (360) 473-5280 JANUARY 19,2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. 15-Minute Executive Session to "Review Labor Negotiations" per R.C.W. 42.30.140(4)(b). 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS ~ ro~~~~ ~ A. Claims & Check Register (#AB05-007) B. Minutes of Meeting - December 22, 2004 (#AB05-008) I C. Minutes of Meeting - December 29, 2004 (#AB05-009) (p D. Minutes of Meeting - January 5,2005 (#AB05-010) 'I E. Minutes of Meeting - January 12, 2005 (#AB05-011) 13 F. KITSAP COUNTY/CITY OF BREMERTON Addendum to the Contract for Incarceration of City Prisoners /5 (#AB05-012) G. Professional Services Contract Amendment with YAKIMA COUNTY for Inmate Housing (#AB05-013) I B H. Traffic Safety Task Force Mutual Aid Agreement and Interlocal Agreement (#AB05-014) a() I. Budget Adjustment for Reassignment of Pay Band for Paralegal position from Professional Pay 31 Band 8 to Pay Band 9 (#AB05-015) 6. NEW BUSINESS flA.nd JtAct. 1"'> (~ of ~ce.. (:3o'ol~'1) A- Am8RdFJl8Rt tn r.nWmYRlty Devcle~m8Rt il9Qk "mRt AGtiOR PleA far 2663 (#AB65-0 15) 3 ~ B. Professional Services Agreement with the PORTICO GROUP for Design of the Maritime Park & 5B Memorial Plaza (#AB05-017) C. Professional Services Agreement with RDG PLANNING & DESIGN for Design Work and Schematic ("S' Design for the Maritime Park Naval Museum (#AB05-018) 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading] amending Title 2 of the Bremerton Municipal Code, relating to City 7 ;l Council and Departments (#AB05-019) B. Ordinance [First Reading] creating Chapter 2.32 of the Bremerton Municipal Code entitled "GOLD n MOUNTAIN COMPLEX BOARD OF DIRECTORS" (#AB05-020) C. Ordinance [First Reading] amending Chapter 9A.44 of the Bremerton Municipal Code relating to 8/ Pedestrian Interference (#AB05-021) J postt;one.o. ,- weel<. u. Resah:Jlivl' No. 2951, 8de~tiRg R8\" Ryles eRa Pr:eeeElYr'ii for the ity C9YR~i1 (#A605 022) 6, 8. PUBLIC RECOGNITION 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING . Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring 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 NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT IV _~:~0:K:;: ~~~~ DATE SUBMITTED: BILL # ~c;-- CO 7 AGENDA BILL CITY OF BREMERT01...T 5A CITY COUNCIL ~.ESBmmmDm~mBBmme~mID~eCDa~BmmmmeS~smm&m.m.mosmefiBmmmMDSBEBDsm..mB~meB~m8a~m~mm~~~mB~DGel SUBJECT: Approval of Claims and Checks COlmnittee Meeting Date: Register COUNCIL MEETING Date: /-;9-0S-- Department: Financial Services Presenter: Cathy J oh11son Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. \ APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: .-- CONSENT AGENDA IZI OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check#'s .?l?~XS- throug4251',.9~C and EFT's 0&19 through (;;~ft 2) Regular Payroll for the pay period ending ~ the amount of$ 1,77&,} lfYI. s-G:, ill the amount of $ . 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: D Approve o Deny o Table D Continue o No Action /.~ ., DATE SUBMITTED: December 22, 2004 BILL # ()/),. OC L~ AGENDA BILL CITY OF BREMERTON 58 CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A December 22, 2004 COUNCIL MEETING Date: January /'1,2005 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held December 22, 2004. A TT ACHMENTS: .Minutes for December 22, 2004. FISCAL IMPACTS (Include Budgeted Amount): 0 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCALIBUDGET: CONSENT AGENDA [gI OPERATIONS: I COUNCIL PRESIDENT: y~ I'\~ L__ RECOMMENDED MOTION: Move to pass the C;ns nt Agenda as presented. I'OITNrn, AI'TION. n AnnrmTP n l)pnv I.l T~nlp n rontinllP n No AC'tion DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday, December22,2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, VVashington, VVednesday, December 22, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, VVill Maupin, Carol Arends, Mike Shepherd, Cecil McConnell, and Brad Gehring. Council Members VVendy Priest and Dianne Robinson were absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The Pledge of Allegiance was led by Vice President McConnell, followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. President Nvaren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; 2. Council will meet for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items; 3. Everyone was asked to observe a moment of silence for the fallen soldiers; and 4. Reminded the public that the Council Meeting Agenda is posted on the City's Website at http://www.cLbremerton.wa.us or more information may be obtained by calling the Council Office at 473-5280. PUBLIC SERVICE ANNOUNCEMENTS - There were no public service announcements tonight... CONSENT AGENDA A. Check Numbers 296176 through 296296 in the amount of $1,061,552.46 for the period ending December 15, 2004; and Regular Payroll in the amount of $643,005.83 for the period ending December 15, 2004 (#AB04-263) 8. Minutes of Meeting - December 1, 2004 (#AB04-264) M/S/C/U (McConnell/Short) Move to approve the Consent Agenda as presented. 6A - ORDINANCE NO. 4922 rSECOND READINGl ANNEXING APPROXIMATELY 6.14 ACRES. GENERALL Y BOUNDED ON THE EAST SIDE OF PINE ROAD JUST SOUTH OF NE ROSWELL DRIVE ("RACUS ANNEXATION") TO THE CITY OF BREMERTON (#AB04.259): The first reading of this ordinance was heard on December 15,2004. Roaer Lubovich, City Attorney, reiterated the action before the Council; and added for the record a "Waiver of Review" submitted by the Boundary Review Board dated December 20, 2004. There were no comments from the public. Ms. Arends referred to the "VVaiver of Review", which indicates VVilliam M. Palmer was representing the City of Bremerton, and asked if this was correct. Mr. Lubovich clarified that Mr. Palmer was not representing the City, but was representing the applicant, and further advised that this error did not affect the annexation request. Ms. Arends indicated that although she was not opposed to the annexation, she could not support this action due to this document being added to the record as is, with the error not corrected. M/S/C (McConnell/Shepherd) Move to pass Ordinance No. 4922 on second reading annexing approximately 6.14 acres to the City of Bremerton. Voted in favor of the Motion: McConnell, Shepherd, Maupin, Short, Gehring, Nygren Voted opposed Motion: Arends Motion carried: 6-Yes; 1-No ~ City Council Reg. Mtg. Minutes Wednesday, December 22,2004 Page 2 of 4 6B - ORDINANCE NO. 4924 rSECOND READINGl AMENDING CHAPTER 3.48 OF THE BREMERTON MUNICIPAL CODE, UPDATING THE "BUSINESS AND OCCUPATION TAX" PROVISIONS CONSISTENT WITH EBHB2030 (#AB04.260): The first reading of this ordinance was heard on December 15, 2004. There were no comments from the public. M/S/C/U (McConnell/Short) Move to pass Ordinance No. 4924 on second reading. 6C - ORDINANCE NO. 4925 rSECOND READINGl AMENDING FY2004 BUDGET (#AB04.261): The first reading of this ordinance was heard on December 15, 2004. There were no comments from the public. M/S/C/U (McConnell/Short) Move to pass Ordinance No. 4925 on second reading, which amends Ordinance No. 4883 relating to the City of Bremerton 2004 Annual Budget. 6D - ORDINANCE rFIRST READINGl AUTHORIZING KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY (KCCHA) TO EXERCISE POWERS OF A PUBLIC DEVELOPMENT AUTHORITY (#AB04.265): Roaer Lubovich, City Attorney explained that RCW 35.82.070 (12) provides that a city may authorize a housing authority to exercise no only the powers of a community renewal agency under Chapter 35.81 RCW but also powers of a public corporation, commission, or authority (collectively, a "public development authority") under RCW 35.21.730 through 35.21.739. The proposed ordinance authorizes Kitsap County Consolidated Housing Authority to exercise powers of a public development authority in order to assist the City in (1) the allocation of federal new markets tax credits within portions of the City that may not be within the boundaries of a community renewal area, and (2) facilitating replacement housing in connection with the renewal and revitalization of West Park, including replacement housing in areas of the City not within the boundaries of a community renewal. There were no comments from the public. Mr. Shepherd thanked the Housing Authority for their commitment to the revitalization efforts in the City of Bremerton. President Nvaren indicated that Council Member Priest had concerns but that those issues will be discussed and addressed. Mr. McConnell was comfortable with the way this allocation of powers is set. Mr. Maupin was supportive of KCCHA and hopes this will keep the community going in the right direction. Mr. Gehrina thanked Roger Wade and Steve Anderson for addressing his concerns over the market credits and requested that a sunset clause be made part of the ordinance. President Nvaren suggested that further discussion take place prior to second reading. Mr. Short supported this agreement since it provides an excellent opportunity for the City to improve itself. Mr. Shepherd suggested that a study session be held next year to review the progress of this item. .., City Council Reg. Mtg. Minutes Wednesday, December 22,2004 Page 3 of 4 M/S/C/U (Shepherd/McConnell) Move to approve the proposed ordinance on first reading authorizing KCCHA to exercise powers of a public development authority. 6E - RESOLUTION NO. 2949 TO SURPLUS AND APPROVE SALE OF PUBLIC UTILITY PROPERTY (38 ACRES FORMERLY KNOWN AS THE TRACYTON WATERSHED) TO BEALKO. INC. (#AB04-266): Phil Williams, Public Works & Utilities Director announced that the City has received an offer from BEALKO, INC. to purchase certain public utility property. The property is not currently used for public utility service nor will it be required for providing public utility service in the future. The offer to purchase the property is fair market value and the City and greater community would be better served by the surplus and sale of the property. Mr. Lubovich stated that the purchase price is $2.9 million and the City would retain the title to the land (1.2 acres) where the water tower is located. Other issues he mentioned included timber rights and provisions for extending the closing date. He added that a hearing is required regarding the potential sale of the property since the property is owned by the water utility. Mr. Williams also described the area that would be affected by the land sale and the location of Reservoir No. 16. He introduced Mr. Butko and Mr. Vanderpool as prospective buyers of the property. David Hall expressed his concern that the residents of the Ridgetop area were not informed of this prospective sale. Janet Grolich requested that the purchase be delayed to allow time be allowed to fully look at this issue and for residents to have time to respond. Martin Bussev was concerned that the sale of the land would displace trees and wildlife; and that many residents are out of town so they will not be able to respond. William Radford read a statement expressing his concerns over surplusing the property. He emphasized that the property is one of the last undeveloped places in Bremerton and asked that the area be spared. He requested that Council not encourage development. President Nvaren proposed that the hearing be closed or continued. Mr. Lubovich supported the closure of the hearing and a date may be set at a later time for a new hearing. Mrs. Arends supported the hearing being continued to allow citizens time to receive information and to respond. Mr. Gehrina indicated to the concerned citizens that he found out about the proposed land sale a day before the residents were informed and hoped to have a dialogue with them. Mr. Shepherd asked for the estimated value of the forest, and if there was a possibility of utilizing the property for timber. Mr. Williams answered that there is useable timber of the property but it is a smaller value than the property value, and further pointed out that the amount of timber on the 40- acre lot is not enough to establish a commercial timber draw. Mr. Shepherd asked if some property could be acquired to sustain the ecosystem; or if the area was a "park", how could it be paid for since the public is obviously using the area. Mr. Maupin asked what zoning designation was set for the property. Mr. Huao answered that the designation on the land has held since 1998 and the new Comprehensive Plan just passed by Council indicates that the property is zoned for low-density residential development. Mr. Maupin pointed out that if the City is to develop within the Urban Growth Boundary, then we would actually II City Council Reg. Mtg. Minutes Wednesday, December 22,2004 Page 4 of 4 save open space outside the UGA. Mr. Huao emphasized that based on the Comprehensive Plan and UGA, development is inevitable. Mr. Maupin further commented that if the property were sold, the proceeds would go to the water utility providing relief to the rate payers; but if this area were converted into a park, then that would actually produce an additional cost to the City. President Nvaren closed the hearing. No action was taken. With no further business, the meeting of the City Council was adjourned at 6:20 P.M. Council reconvened in the Council Conference Room, Room 603 for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge l::; DATE SUBMITTED: December 29,2004 BILL # o ri - OCi.:t AGENDA BILL CITY OF BREMERTON 5'- CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A December 29,2004 COUNCIL MEETING Date: January ,2005 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held December 29,2004. ATTACHMENTS: .Minutes for December 29,2004. FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA ~ OPERATIONS: COUNCIL PRESIDENT: --OM--- ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: n Annrove n Denv ~ Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 29, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, December 29, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Mike Shepherd, Cecil McConnell, and Brad Gehring. Council Members Wendy Priest and Dianne Robinson were absent. Also present were Assistant City Attorney Brett Vinson; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The Pledge of Allegiance was led by Vice-President McConnell, followed by the invocation provided by Pastor Roaer HenniQan of Apostolic Life Tabernacle. President Nvaren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; 2. Council will meet for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items; and 3. Recognized the commitment and contributions of Council Members Will Maupin, Fiscal and Budget Committee Chairman; Mike Short, Operations Committee Chairman; and Cecil McConnell, Council Vice-President, as well as all Council Members for their hard work throughout the year. PUBLIC SERVICE ANNOUNCEMENTS - There were no public service announcements made tonight. CONSENT AGENDA A. Check Numbers 296297 through 296559 in the amount of $312,795.24 for the period ending December 31,2004; Retiree Payroll in the amount of $70,906.37 for the period ending December 31, 2004 (#AB04-267) B. Professional Services Agreement with the BREMERTON SCHOOL DISTRICT for funding a full-time School Resource Officer (#AB04-268) C. BREMERTON HOUSING AUTHORITY (BHA) 2004 Contract Addendum; and 2005 Contract for Supplemental Police Services with the City of Bremerton Police Department (#AB04-269) D. Purchase of Property Insurance from AFFILIATED FM INSURANCE COMPANY for 2005 (#AB04- 270) M/S/C/U (McConnell/Arends) Move to approve the Consent Agenda as presented. 6A - ORDINANCE NO. 4926 rSECOND READINGl AUTHORIZING KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY (KCCHA) TO EXERCISE POWERS OF A PUBLIC DEVELOPMENT AUTHORITY (#AB04-265): The first reading of this ordinance was heard on December 22, 2004. There were no comments from the public. Mr. Shepherd commented that he visited the area that may benefit from redevelopment and the property owners are pleased with the possibilities. M/S/C/U (Shepherd/Arends) Move to pass Ordinance No. 4926 on second reading authorizing KCCHA to exercise powers of a public development authority. 7 City Council Reg. Mtg. Minutes Wednesday, December 29,2004 Page 2 of 2 With no further business, the meeting of the City Council was adjourned at 5:35 P.M. Council reconvened in the Council Conference Room, Room 603 for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge R DATE SUBMITTED: JP.n l.tA.ry I 'f. .).ooS" BILL # 05~- DIU AGENDA BILL CITY OF BREMERTON '51> CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A ~ Yl46, Y COUNCIL MEETING Date: ftJnu~ ~ / ~ .;l()DS" ~ ~ooS Department: City Cou cil Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Jti "1lA.~Y 5', .;l. OO~- ATTACHMENTS: Minutes for JttnlA.<<.-ry s: ;;)oo..r FISCAL IMP ACTS (Include Budgeted Amount): 0 APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [gI OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. - ~ .--Q--- ,......, ~ ,.-, ~ ~ DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 5, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, January 5, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Vice President McConnell, followed by the invocation provided by Pastor Talmaae Wilson of Charleston Baptist Church. ELECTION OF CITY COUNCIL OFFICERS President Nvaren opened nominations for City Council President/Mayor Pro Tempore for 2005. Cecil McConnell nominated Daren Nygren. President Nvaren then closed the nominations. M/S/C/U (Maupin/Short) Move to declare Daren Nygren as Council President and Mayor Pro- Tempore for 2005. President Nvaren opened nominations for City Council Vice-President for 2005: Mike Short nominated Cecil McConnell. M/S/C/U (Shepherd/Robinson) Move to declare Cecil McConnell as Council Vice President for 2005. The Council then continued with the regular business meeting. . . President Nvaren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and 2. At the conclusion of regular business, a 30-minute Executive Session would be held to discuss "Pending Litigation" per RCW 42.30.110(1 )(i), with possible action by the Council tonight; and to "Evaluate the Conduct of Personnel" per RCW 42.30.11 O( 1 )(f). MAYOR'S REPORT - Mayor Bozeman... . Congratulated Daren Nygren and Cecil McConnell for being selected to lead the Council, and looked forward to working with them and the Council again this year; . Was pleased that City Attorney Roger Lubovich turned down an employment offer made to him by the City of Bellevue, in spite of their aggressive efforts to recruit him; . Wanted to come up with a way that City of Bremerton employees could raise money to donate to the victims of the tsunami disaster in South Asia; . Summarized the focus for 2005 would include the continued remodel of the Downtown Library; determining a location for a new Public Safety Building; development of Eastpark; construction of the skatepark; completion of a utility contract with the Navy; condominium construction; the sale of old Fire Station and move to new Fire Station; remodel of Building 50; redevelopment of Westpark; a new boat for passenger only ferry service; annexation strategies; and funding for Maritime Park; and lastly, . Thanked Carol Arends for accepting a reappointment to the Executive Board for Puget Sound Regional Council. PUBLIC SERVICE ANNOUNCEMENTS Ed Hebert and Edward Pietras representing the BREMERTON KNIGHTS OF COLUMBUS, presented a framed copy of the Declaration of Independence, which was accepted by Mayor Cary Bozeman. 1lil City Council Reg. Mtg. Minutes Wednesday, January 5, 2005 Page 2 of 3 President Nvaren reminded citizens that they could obtain forms off the City's website at www.ci.bremerton.wa.us to nominate home or business owners for a City Pride Award; and thanked Council staff members Lori Smith and Christine Grenier Ellinason for their continued efforts in managing this program; and also thanked Kelsie Donlevcott of the City's Public Works Department for her efforts in keeping the website updated and adding the pictures of past winners. CONSENT AGENDA A. Minutes of Meeting - December 8, 2004 (#AB05-001) B. Minutes of Meeting - December 15, 2004 (#AB05-002) M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. Voted in favor of Motion: McConnell, Priest, Robinson, Arends, Maupin, Short, Gehring, Nygren Abstained: Shepherd Motion carried: 8-Yes; 1-Abstention 8A - ORDINANCE rFIRST READINGl AMENDING CHAPTER 10.13 OF THE BREMERTON MUNICIPAL CODE RELATING TO FINES FOR VIOLATING PROVISIONS RELATING TO MOTORIZED WHEELED TRANSPORTATION DEVICES (#ABOS-003): Roaer Lubovich, City Attorney, explained that the current provisions of Chapter 10.13 of the Bremerton Municipal Code relating to fines imposed for violation of provisions relating to motorized wheeled transportation devices should be revised to align the fines with State law. The proposed ordinance amends the fines relating to violation of Chapter 10.13. There were no comments from the public. Mr. Shepherd asked that a flyer be printed to get the word out to the citizens that this law has been enacted. President Nvaren added that Officer Karen Pierson would be developing a Public Service campaign to educate the public on this safety issue. M/S/C/U (Arends/Short) Move to approve the proposed ordinance on first reading, amending Chapter 10.13 of the Bremerton Municipal Code relating to fines for violating provisions relating to motorized wheeled transportation devices. 88 - RESOLUTION NO. 2950 ACCEPTING PROPOSAL FOR ANNEXATION FROM CHARLES CASH. VIRGINIA CASH. AND SEATTLE REALTY. INC. {#ABOS-004l: Roaer Lubovich, City Attorney, summarized that the City received a petition form Charles Cash, Virginia Cash, and SEATTLE REALTY, INC. seeking annexation of territory into the City. The City must meet with the initiating parties not later than 60 days after filing the request to consider the petition and make certain decisions regarding the annexation. The proposed resolution accepts the proposal for annexation, adopts the comprehensive land use plan designation for the proposed annexation area, requires the assumption of all existing City indebtedness, and requires that the appropriate petition be filed with the City and the required information be forwarded to the Boundary Review Board. Staff of the Community Development Department has recommended that Council not proceed with this particular annexation request and address all island annexation requests at a later time when staffing needs are filled. Mr. Lubovich announced that a withdrawal of the petition for annexation was received today. Therefore, no action will be required by the Council for this item.. . William Schourup, of SEATTLE REALTY, INC. and an annexation proponent, indicated that they eventually wanted the annexation to take place to use the property as a parking lot for a building that was annexed approximately 5-years ago after the request was made by former Mayor Lynn Horton. 11 City Council Reg. Mtg. Minutes Wednesday, January 5, 2005 Page 3 of 3 The Council recessed for a 30-minute Executive Session to discuss "PENDING LITIGA nON" per R. C. W. 42.30.100 (1)(i); and to "EVALUATE THE CONDUCT OF PERSONNEL" per R.C. W. 42.30.110 (1)(f). 11A- "PENDING LITIGATION" PER RCW 42.30.100 (1)(i) (#AB05-005): M/S/C/U (Arends/Short) Move to authorize the City Attorney to appeal the Report and Decision of the Hearing Examiner regarding the KAss FUNERAL HOME - CREMATORY, Kitsap County Hearing Examiner Case No. 04-16239 to the Kitsap County Board of Commissioners and, if appropriate, to the Kitsap County Superior Court. COUNCIL MEMBER REPORTS Mike Short congratulated Council members Nygren and McConnell. Dianne Robinson was pleased to report that the completion of a traffic study requested by citizens for the intersection at 15th & Wycoff has resulted in the addition of a 4-way stop sign. She thanked the citizens for coming forward with their concerns regarding the dangers of this intersection, and thanked City Engineer Mike Mecham for his research and decision to add the new stop sign. Mike Shepherd met with a group of citizens to discuss "Sustainable Economic Development" (keeping our dollars in Kitsap County); announced the Evergreen Neighborhood Association would hold their next meeting the last Sunday of the month on January 30; and discussed a meeting with City officials in Salem, OR to discuss issues of similar concern. Cecil McConnell after a very busy and productive year, he thanked the Council for all their efforts. Brad Gehrina stated that 2004 was an "amazing" year, as well as a learning experience, and that he looked forward to 2005. He also announced the annual "Black Thursday" event would take place on Thursday, January 20 when local motorcyclists travel to Olympia to confer with their legislatures. Daren Nvaren expressed his appreciation for the work done by the Council this year and indicated this was the best Council he has had the privilege to work with. With no further business, the meeting of the City Council was adjourned at 7:00 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge 1? DATE SUBMITTED: .fank6.] I ~ J-06' BILL # o S' -' 01 ( AGENDA BILL CITY OF BREMERTON Sf CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A .:JAYlHJ COUNCIL MEETING Date: fAYl1A4;J. I Cf ;l.D-o.'5' 1;).1 ;l DDS' Department: City Co cil I Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held flVllA.fA~ I~j .).ODS" ATTACHMENTS: Minutes for ..JI I ~I :;'DDS- va 1A4":.J FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [g1 OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. "" DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 12, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, January 12, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Cecil McConnell, and Brad Gehring. Council Member Wendy Priest was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The Pledge of Allegiance was led by Vice President McConnell, followed by the invocation provided by Pastor Rick Beaudry of Calvary Chapel. President Nvaren made the following announcements: 1. A Pre-Council session and 15-Minute Executive Session "Review Labor Negotiations" were held in Council Conference Room 603 from 5:00 to 5:30 PM; and 2. At the conclusion of regular business, Council will meet in the Conference Room, Room 603 for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items. PUBLIC SERVICE ANNOUNCEMENTS - There were no announcements tonight... CONSENT AGENDA A. Check Numbers 296560 through 296764 and EFT-6604 through EFT-6618 in the amount of $651,579.64 (#AB05-006) M/S/C/U (McConnell/Short) Move to approve the Consent Agenda as presented. 7A- ORDINANCE NO. 4927 rSECOND READlNGl AMENDING CHAPTER 10.13 OF THE BREMERTON MUNICIPAL CODE RELATING TO FINES FOR VIOLATING PROVISIONS RELATING TO MOTORIZED WHEELED TRANSPORTATION DEVICES (#AB05-003l: The first reading of the ordinance was heard on January 5, 2005. There were no comments from the public. M/S/C/U (McConnell/Arends) Move to pass Ordinance No. 4927 on second reading, amending Chapter 10.13 of the Bremerton Municipal Code relating to fines for violating provisions relating to motorized wheeled transportation devices. With no further business, the meeting of the City Council was adjourned at 5:35 P.M. The Council reconvened in the Council Conference Room, Room 603 for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge 1d DATE SUBMITTED: December 15,2004 BILL # [)f)-()/~ AGENDA BILL CITY OF BREMERTON SF CITY COUNCIL ......................................................................................., SUBJECT: Kitsap County/City of Committee Meeting Date: January 12,2005 Bremerton Addendum to the Contract for COUNCIL MEETING Date: January 19,2005 Incarceration of City Prisoners Department: Police Presenter: Chief Forbes Phone: 360-473-5373 SUMMARY: The Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners outlines incarceration/detention, presentation of confinement, duration, operation standards, remittal of bail monies, transportation, medical and dental care, general provisions, billing, limitation of assignments and hold harmless terms. The proposed addendum extends the duration of the contract for two years. The City will pay $56.00 per person confined for each 24-hour period of confinement or portion thereof. ATTACHMENTS: Kitsap County/City of Bremerton Addendum to Contract for Incarceration of City Prisoners FISCAL IMPACTS (Include Budgeted Amount): For 2005 the City has placed $440,000.00 in the Police Department budget for the care and custody of prisoners. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: -,",,-," - FINANCE DIRECTOR: MAYOR: ~)~ FISCAUBUDGET: -r:;'Z;:x-- ~-,/ I~_/ CONSENT AGENDA lS< ~~:~~O:~SIDENT: ~~::~ RECOMMENDED MOTION: Move to approve th~Kitsap County/City of Bremerton Addendum to the Contract for Incarceration of City Prisoners with the Kitsap County Sheriff's Office and the Board of County Commissioners to support care and custody of p1risoners and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as contained in the proposed addendum. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action 'I'" KC-298-03-A KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KITSAP COUNTY, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as County) and the CITY OF BREMERTON (hereinafter referred to as CITY), have entered into a contract on the 28th day of January, 2004, for the services provided under the contract; and WHEREAS, the COUNTY and CITY desire to enter into an addendum reflecting the intention of both parties; now, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 23 is amended as follows: Section 23. DURATION The term of this Agreement is for two (2) years commencing on January 1, 2005 and ending on December 31, 2006, unless sooner terminated by the parties as set forth in Section 21. All other terms and conditions of the original Contract and any previous amendments thereto remain in full force and effect. DATED this day of ,200_. DATED this _ day of ,200_. KITSAP COUNTY SHERIFF'S OFFICE / -- ------, :.- _u'-< Cary Boz Larry E. Bertholf Mayor Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Patty Lent, Chair Jan Angel, Commissioner Chris Endresen, Commissioner ATTEST: Opal Robertson Clerk of the Board 1~ KC-298-03-A KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KIT SAP COUNTY, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as County) and the CITY OF BREMERTON (hereinafter referred to as CITY), have entered into a contract on the 28th day of January, 2004, for the services provided under the contract; and WHEREAS, the COUNTY and CITY desire to enter into an addendum reflecting the intention of both parties; now, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 23 is amended as follows: Section 23. DURATION The term of this Agreement is for two (2) years commencing on January 1, 2005 and ending on December 31, 2006, unless sooner terminated by the parties as set forth in Section 21. All other terms and conditions of the original Contract and any previous amendments thereto remain in full force and effect. DATED this day of ,200 . DATED this _ day of ,200_. CITY OF BREM:6--- KITSAP COUNTY SHERIFF'S OFFICE ~" ,,' ~ Cary Bo~n ~ Larry E. Bertholf Mayor Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Patty Lent, Chair Jan Angel, Commissioner Chris Endresen, Commissioner ATTEST: Opal Robertson Clerk of the Board 17 DATE SUBMITTED: December 16, 2004 BILL # ti'? ..- 0 i 3 AGENDA BILL 5~ CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Professional Services Contract Committee Meeting Date: January 12, 2004 Amendment with Yakima County for Inmate COUNCIL MEETING Date: January 19,2004 Housing Department: Municipal Court Presenter: J onna Koehn Phone: 473-5242 SUMMARY: The City currently contracts with Yakima County for the housing of inmates. Most, if not all, City of Bremerton inmates are housed in the Kitsap County jail, however, it is necessary to maintain the contract with Yakima County in order to provide additional housing for inmates in the event space is not available at the Kitsap County jail. The proposed amendment extends the current contract with Yakima County through December 31, 2005 and adjusts the compensation rates. ATTACHMENTS: Proposed Professional Services Contract Amendment FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: .... .-;"-"~' ~'---'~~"~'-- CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ..,-;-;;'" CONSENT AGENDA.0 OPERATIONS: .\ "- COUNCIL PRESIDENT: ~ RECOMMENDED MOTION: I move to approve the Professional Services Contract Amendment between the City of Bremerton and Yakima County. COUNCIL ACTION: D Approve D Deny D Table D Continue o No Action 1Q PROFESSIONAL SERVICES CONTRACT CITY OF BREMERTONIY AKIMA COUNTY/CONTRACT AMENDMENT This CONTRACT AMENDMENT is made and entered into between CITY OF BREMERTON, a municipal corporation, with its principal offices at 239 Fourth Street., Bremerton, WA 98337 and YAKIMA COUNTY, located at III N. Front Street, Yakima, WA 98901, In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract agreement/addendum executed on 26 March 2002 shall be amended as follows: 1. Section 2: DURATION shall be amended effective January 1,2005 through December 31, 2005 to read as follows: This Agreement shall enter into full force and effect from the effective date hereto and end December 31,2005, subject to earlier termination as provided by Section 3 herein. This agreement may be renewed for like successive periods by written addendum under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to make it necessary for the City to have inmates housed in Yakima County continuously. 2. Section 5(a): COMPENSATION (RATES) shall be amended effective January 1,2005 through December 31, 2005 to read as follows: Calendar Year 2( 05 Daily Rates Monthly Average Daily Population (Bremerton inmates Daily in Yakima County Jail) Rate As Agreed Up to 5 $62.19 6 - 25 $61.19 26 - 45 $60.19 46+ $59.19 3. The City ofBremerton contact is Janna N. Koehn, Court Services Manager, 360-478-5989, email jonna.koehn@ci.bremerton.wa.us 4. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract and its subsequent amendments remain in full force and effect. 6 Executed this _ day of ,200'. CITY OF BREMERTON, WASHINGTON YAKIMA COUNTY, WASHINGTON By: By Cary Bozeman, .Mayor Steve Robertson Director of Corrections (Authorized by resolution _ -2004) APPROVED AS TO FORM: Attest: Paula Johnston, City Clerk Ronald S. Zirkle Prosecuting Attorney Approved as to Form: Robert Lubovich, City Attorney CONTRACT AMENDMENT - 2005 RATES 1 of 1 1q DATE SUBMITTED: January 5,2005 BILL # i} j - (JILl AGENDA BILL CITY OF BREMERTON 5H CITY COUNCIL ........................................................................................ SUBJECT: Traffic Safety Task Force Committee Meeting Date: January 12,2005 Mutual Aid Agreement and Interlocal COUNCIL MEETING Date: January 19, 2005 Agreement Department: Police Presenter: Chief Forbes Phone: 473-5224 SUMMARY: The proposed agreement provides for multi agency law enforcement personnel to participate in a task force in order to target, apprehend and prosecute individuals guilty oftraffic infractions and offences, in particular, individuals guilty of driving under the influence, occupant protection and underage drinking. ATTACHMENTS: Proposed Traffic Safety Task Force Mutual Aid Agreement and Interlocal Agreement. FISCAL IMP ACTS (Include Budgeted Amount): Sufficient funds have been allocated in the 2005 Police budget to fund this agreement APPROV ALS: DEPARTMENT DIRECTOR: -..-"" CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA 00 OPERATIONS: \ ~ COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the proposed Traffic Safety Task Force Mutual Aid Agreement and Interlocal Agreement and authorize the Mayor to execute same with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ..,/1 __ 01106/2005 14: 57 FAX 360 337 7083 KITSAP CO PROS - CIVIL I4I 002 RETURN TO: TRAFFIC SAFETY TASK FORCE c/o Kitsap County Sheriffs Office 614 Division Street, MS-37 Port Orchard, W A 98366 TRAFFlC SAFETY TASK FORCE MUTUAL AID AGREEMENT AND INTERLOCAL AGREEMENT WHEREAS, the Kitsap County Sheriffs Office, Port Orchard Police Department, Bremerton Police Department, Poulsbo Police Department, and Bainbridge Island Police Department desire to participate in the Bremerton-Kitsap County Traffic Safety Task Force for the purpose of targeting, apprehending and successfully prosecuting individuals guilty of traffic infractions and offenses in general, and, in particular, individuals guilty of driving under th~ influence, occupant protection and underage drinking; and WHEREAS, it is the desire of various law enforcement agencies within Kitsap County to participate in such Task Force; and WHEREAS, multi-agency participation in such a Task Force is possible by virtue ofthe Washington Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCWand the Interlocal Cooperation Act set forth in Chapter 39.34 RCW; NOW, THEREFORE, it is mutually agreed as follows: Section 1: Duration. This Agreement shall be in effect for a period of two years from its effective date of January 24,2005. Section 2: Scope. Parties to this Agreement will each provide law enforcement personnel for traffic safety patrols within targeted areas as set forth in Attachment 1. The targeted areas at any particular time during the term of the agreement shall be determined by the joint administrative board. Section 3: Purpose. The purpose of this Agreement shall be the apprehension and successful prosecution generally of individuals guilty of traffic infractions and in particular of individuals guilty of driving under the influence, underage drinking and occupant protection offenses within specifically targeted areas of Kitsap County. The parties do not intend to create through. this Agreement a separate legal entity subject to suit. Section 4: Financine:. Each participating agency shall bear the financial responsibility for such of its employees as participate in the Task Force, including but not limited to salary, Page 1 of8 ?1 I 01/06/2005 14:57 FAX 360 337 7083 KITSAP CO PROS - CIVIL I I4J 003 I , I benefits and worker's compensation insurance. Section 5: Termination. This Agreement shall automatically terminate two (2) years from its effective date unless an earlier termination date is agreed upon in writing by all parties. Section 6: Administration. This Agreement shall be administered by a joint board comprised of the Kitsap County Sheriff and the Chiefs of Police for the cities ofBremerton, Bainbridge Island, Port Orchard, and Poulsbo, or their respective delegates. Section 7: Operations. Task Force operations shall be coordinated by a Kitsap County Sherifl's Office employee holding a rank of sergeant or higher. Provided that the coordination provided by Kitsap County shall not be considered an allocation of liability under RCW 10.93.040, nor that the Task Force is acting under the direction and control of Kit sap County. Section 8: Use of Property. Each agency shall be responsible for its own property used during the term of this Agreement and any property acquired by an agency during the term of this Agreement shall remain with the agency upon termination of the Agreement. Section 9: Coordination. The Task Force Coordinator shall be responsible for coordinating Task Force related communications between participating agencies. Section 10: Participatine Aeencies: A list of the agencies which will be participating in the Bremerton-Kitsap County Task Force is attached hereto as Attachment 2. Such List of Authorized Agencies may be modified from time to time to add or delete agencies. Each participating agency shall maintain a current List of Authorized Agencies on file together with a copy of this agreement. Section 11: Filine. A copy of this agreement shall be filed with the Kitsap County Auditor. . Section 12: Consent. The undersigned hereby individually consent to the full exercise of peace officer powers within their respective jurisdictions by any and all properly certificated officers or exempted officers of agencies that are signatories to this Agreement engaged in any operation of the Bremerton-Kitsap County Traffic Task Force. The undersigned also hereby individually consent to the exercise by specially commissioned officers of agencies that are signatories to this Agreement (specifically reserves1) to the exercise within their respective jurisdictions of any authority which the special commission vests in the officers. Each such consent shall be valid during the term of this agreement, unless revoked in writing. Section 13: Responsibilitv: The consents given in Section 12 above are not intended to 1 See RCW 10.93.020(5) andRCW 10.93.090(2) Page 2 of8 ?? 01/06/2005 14:57 FAX 360 337 7083 KITSAP CO PROS - CIVIL l4J 004 reallocate, under RCW 10.93.040, the responsibility ofthe participating agencies for the acts or omissions oftheir officers. Each Task Force party shall act as an independent contractor and not as employee of the Task Force or of another party to this agreement. As such, the parties shall not have the authority to bind other parties nor control employees of other parties, contractors or other entities. Personnel assigned to the Task Force shall be considered employees of the contributing agency, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributing agencies shall continue WIder the employment of that agency for purposes of any losses, claims, damages, or liabilities arising out of or related to the seIYicesprovided to the Task force orthe ac;tivitiesofthe Task Force. Each Task Force party, in any action arising from the sole negligence of that Task Force party's employee, agrees to hold harmless, defend, and indemnify the other parties in the Task Force, including all costs of defense and attorney's fees. A Task Force party, in an action arising from the sole negligence of that agency's employee, shall not be responsible for indemnifYing another Task Force party for any attorney's fees and costs incurred in the defense of an action prior to the date of receipt of a tender of defense from the other Task Force party. Page 3 of8 ?':l 01/06/2005 14:58 FAX 360 337 7083 KITSAP CO PROS - CIVIL 14I 005 DATED this _ day of January, 2005 CHIEF MATT HANEY Bainbridge Island Police Department Approved this _ day January, 2005. CITY OF BAINBRIDGE ISLAND DARLENE KORDONOWY Bainbridge Island, Washington APPROVED AS TO FORM: City Attorney Bainbridge Island, Washington ATTEST: SUE KASPER, CITY CLERK Page 4 of 8 '?/I 01/06/2005 14:58 FAX 360 337 7083 KITSAP CO PROS - CIVIL I4J 006 DATED this _ day of January, 2005. CHIEF Rob Forbes Bremerton Police Department Approved this day of January, 2005. CITY OF BREMERTON MAYOR CARY BOZEMAN Bremerton, Washington APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney ATTEST: PAULA JOHNSTON City Clerk Page 5 of8 ,?I:; I 01/06/2005 14:58 FAX 360 337 7083 KITSAP CO PROS - CIVIL f4I 007 I I I I DATED this _ day of January, 2005. I I CHIEF ALAN TOWNSEND Port Orchard Police Department Approved this day of January, 2005. CITY OF PORT ORCHARD MAYOR KllvI ABEL Port Orchard, Washington APPROVED AS TO FORM: CITY ATTORNEY Port Orchard, Washington ATTEST: CAROL ETGEN, CITY CLERK Page 6 of 8 ')~ 01/06/2005 14:58 FAX 360 337 7083 KITSAP CO PROS - CIVIL l4I 008 DATED this _ day of January, 2005. ClllEF JEFF DORAN Poulsbo Police Department Approved this day of , 2005 CITY OF POULSBO MAYOR DONNA JEAN BRUCE Poulsbo, Washington APPROVED AS TO FORM: JIM HANEY, CITY ATTORNEY Poulsbo, Washington ATTEST: KAROL JONES, CITY CLERK Page 7 ofS ?7 01/06/2005 14:58 FAX 360 337 7083 KITSAP CO PROS - CIVIL I4J 009 DATED this _ day of January, 2005. SHERWFSTEVEBOYER Kitsap County Sheriff's Office APPROVED this day of January, 2005. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON . JAN ANGEL, Chair CHRIS ENDRESEN, Commissioner PATTY LENT, Commissioner ATTEST: APPROVED AS TO FORM: OPAL ROBERTSON JOHN S. DOLESE Clerk of the Board Deputy Prosecuting Attorney Office of the Kitsap County Prosecuting Attorney Page 8 of8 ?Q ___ 01/06/2005 15:33 FAX 360 337 7083 KITSA> CO PROS - CIVIL 14I 015 TRAFFIC SAFETY TASK FORCE EMPHASIS PATROL OPERATIONJU- GUIDELINES Purpose: The Traffic Safety Task Force Emphasis Patrol is committed to traffic safety, including the prevention of akohol and other drug-impaired driving, under age drinking, and occupant plotection offenses through coordinated, multi- agency deterrence. A. OBJECTIVES 1. To improve traffic safety in KitJap County, including a reduction in the incidence and prevalence of alcohol and 0 her drug-impaired driving, under age drinking, and occupant protection offenses in Kitsap County. 2. To increase law enforcement :::.kpower to maximum levels in targeted high- traffic, high-DUI & collision est areas based upon statistical analysis. 3. To increase public attention on raffic safety. 4. To focus media attention on tra nc safety. 5. To enhance communication anc cooperation among law enforcement agencies in Kitsap County. B. SELECTION OF OFFlCERS 1. Each participating agency wi111t>e asked to provide at least one officer for each emphasis patrol. Agencies witll restricted jurisdiction will be asked to offer an equivalent, alternative level of participation. 2. Each participating officer must be either a general authority peace officer as defined in RCW 10.93.070 or a specially commissioned peace officer as defined in RCW 10.93.090. Specially commissioned officers may not exceed the scope of their special commissions whell exercising their law enforcement authority under the consents granted in Subsec1ion 12 of the Traffic Safety Task Force Mutual Aid Agreement and Interlocal Agre ~ent. 3. Participating agencies will be ~ acouraged to assign highly-motivated officers who demonstrate an interest in traff c safety enforcement. Attal~hment - I Pa ge I of 4 I ?Q - I ! __ 01/06/2005 15:33 FAX 360 337 7083 KITSAP CO PROS - CIVIL 14I 016 I I I C. SUPERVISION 1. A first level supervisor will be required from agencies where major emphasis occurs. 2. The supervisor(s) will work the entire emphasis patrol shift and will have overall responsibility for the assigned officer. 3. The supervisor(s) will field all questions and complaints concerning the emphasis patrol. All citizen complaints will be forwarded to the parent agency of any officer involved in the complaint. 4. The supervisor(s) will have the sole authority to return an officer to his/her agency as a result of inappropriate behavior. If the supervisor takes this action, a written report of the incident will be promptly forwarded to the parent agency. 5. Officers assigned to the Emphasis Patrol will be expected to follow their parent agency's polices with regard to pursuit and arrest procedures and all other matters of professional conduct. However, officers will also be expected to follow the direction of the Emphasis Patrol supervisor(s). D. OFFICER RESPONSIBILITY 1. Officers will work their assigned areas according to the guidelines provide by the supervisor(s), focusing on detection and apprehension of impaired drivers, and the enforcement of under age drinking and occupant protection statutes 2. When a DUI arrest is made, the arrestee will be taken to the nearest participating BAC Verifier facility for processing or to the Kitsap County Jail. Officers will follow the specific guidelines offered at briefmgs before each emphasis patrol as to specifically targeted areas, such as occupant protection, RuaD (Reduce Underage Drinking) or traffic safety emphasis patrols. 3. Officers will follow their parent agency guidelines for report writing. Unless otherwise required by an officer's parent agency, each arrest will be filed in the jurisdiction of the arrest. 4. At the end of each emphasis patrol shift, each officer will provide the task force with an account of his or her activity for that shift using the activity log form provided. 5. Emphasis patrol officers will be responsible for one another's safety and will be expected to provide back-up and cover for one another. Attachment - 1 Page 2 of 4 ~r.l 01/06/2005 15:33 FAX 360 337 7083 KITSAP CO PROS - CIVIL 141017 6. Officers will respond to traffic collisions to provide assistance and traffic control. If a collision is alcohol-related, the emphasis patrol officer will investigate and make any arrests or citations as necessary. If alcohol is not involved, investigation will be left to the appropriate regular duty officer( s). 7. Coffee and lunch breaks will be provided, however, these breaks will be restricted to no more than two marked units together at one time. 8. If citizens inquire as to the presence of an outside agency officer in the emphasis area, officers will explain their role in the Traffic Safety Task Force Emphasis Patrol. E. TARGETAREASANDDEPLOYMffiNT 1. The emphasis patrol will be assigned to target areas based on intelligence information from participating agencies, Dill arrest and collision data, occupant protection surveys, RuaD intelligence and discussions ofthe Traffic Safety Task Force Enforcement Committee. 2. The target areas will be assigned by rotation so that each participating agency's jurisdiction is included, unless a higher priority target is identified by the Enforcement Committee. 3. Deployment of officers will be the responsibility of supervisor(s). Each officer will be provided with a map of the target area and briefing information. F. COMMUNICATIONS 1. All emphasis patrol communications will be on a frequency as agreed upon by Central Communications and the Task Force Supervisor. 2. Requests for data or impound will be made through the appropriate dispatch agency. G. GENERAL POLICIES 1. No Dill arrestee will be released to their own custody. Unless booked into jail, arrestees will only be released to a responsible, sober person or transported home. 2. Dill arrestees who are combative or otherwise uncooperative will be taken to the Kitsap County jail. Booking of such arrestees will be left to the discretion of the officer based on hislher parent agency policies. Attachment - 1 Page 3 of 4 ~1 01/06/2005 15:34 FAX 360 337 7083 KITSAP CO PROS - CIVIL 141018 3. Every attempt should be made to have vehicles removed from the roadway. If there is concern that the vehicle may be a hazard, the supervisor( s) will make an impound order, if necessary. Attachment - 1 Page 4 of 4 ~? 01/06/2005 15:01 FAX 360 337 7083 KITSAP CO PROS - CIVIL f4I 019 LIST OF AGENCIES AUTHORIZED TO EXERCISE POLICE OFFICER POWERS WHEN PARTICIPATING IN THE TRAFFlC SAFETY TASK FORCE EMPHASIS PATROL Bainbridge Island Police Department Bremerton Police Department Kitsap County Sheriffs Office Port Orchard Police Department Poulsbo Police Department Washington State Patrol LIST OF AGENCIES PARTICIPATING IN THE TRAFFIC SAFETY TASK FORCE EMPHASIS PATROl, Bainbridge Island Police Department BremertonPolice Department Kitsap County Sheriffs Office NUWES Keyport Police Department Port Gamble S'Klallam Tribal Police Port Orchard Police Department Poulsbo Police Department PSNS Police Department Shore Patrol SUBASE Bangor Police Department Suquamish Tribal Police Washington State Liquor Control Board Washington State Patrol Attachment - 2 ~~ DATE SUBMITTED: January 3,2005 BILL # ().t)""{)i( AGENDA BILL CITY OF BREMERTON 51 CITY COUNCIL ........................................................................................ SUBJECT: Budget Adjustment - Committee Meeting Date: January 12,2005 Reassignment of Pay Band for Paralegal COUNCIL MEETING Date: January 19,2005 position from Professional Pay Band 8 to Pay Department: City Attorney's Office Band 9 Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: In June 2004, Carol Conley, Human Resources Director conducted a job audit of the formerly titled Legal Assistant position. The job audit revealed it was comparable to the positions of Executive Assistant and Legislative Assistant since both those positions require high levels of confidentiality as well as the ability to work independently. Furthermore, the position requires specialized paralegal training. Ms. Conley concluded that they were close enough in levels of responsibility and independent judgment to be a good match. Her recommendation at that time was that the position of Legal Assistant be upgraded to Pay Band 8 for intemal equity purposes in the 2005 budget and be retitled to Paralegal (copy attached). In light of the Council's decision on December 8, 2004 to upgrade the Pay Band for the Executive Assistant and Legislative Assistant from Pay Band 8 to Pay Band 9 for the 2005 budget, based on Ms. Conley's analysis, it is recommended that the Paralegal position also be upgraded to Pay Band 9 for consistency and to maintain internal equity. ATTACHMENTS: Memo from Carol Conley, HR Director supporting the reassignment of this position. FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: H fZ DEPARTMENT DIRECTOR: ~ ",- CITY ATTORNEY: \.,,- ---~ FINANCE DIRECTOR: ~-:~ --" MAYOR: FISCAL/BUDGET: CONSENT AGENDA tK OPERATIONS: ~_..- COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve he reassignment of the Paralegal position from Pay Band 8 to Pay Band 9 of the 2005 Management/Professional Pay Plan and to adjust the budget accordingly. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action ~.1 Memo 6 To: Roger Lubovich, City A~ iL, From: C'jr' Carol S. Conley, Directo, , \. CC: Date: December 10, 2004 Re: Pay Band Upgrade for Legal Assistant This memo is in response to your email of December 9, 2004 regarding the assignment of the Pay Band for Thelma Swem, your Paralegal. As you will recall, back in June at your request I conducted a job audit of the fonnerly titled Legal Assistant position. I compared it the positions of Executive Assistant and Legislative Assistant since both those positions require high levels of confidentiality as well as the ability to work independently, however neither required the specialized paralegal training that is nonnally required for the Legal Assistant position. I did note that they were close enough in levels of responsibility and independent judgment to be a good match. Those positions were assigned to Professional Pay Band 8. My recommendation at that time was that the position of Legal Assistant be upgraded from Professional Pay Band 6 to Pay Band 8 for internal equity purposes in the 2005 budget and be retitled to Paralegal (copy attached). In light of the Council's decision on December 8, 2004 to upgrade the Pay Band for the Executive Assistant and Legislative Assistant from Pay Band 8 to Pay Band 9 for the 2005 budget, based on my original analysis completed in June, I hereby concur with your request that the Paralegal position also be upgraded to Pay Band 9 for consistency and to maintain internal equity. 1 ?!:; Memo To: Roger Lubovich, City Attorney ~ From: Carol S. Conley, Directo~ CC: Date: June 10, 2004 Re: Job Audit - Legal Assistant Based upon your request for an audit of the Legal Assistant position in your department, I began by having your Legal Assistant, Thelma Swem, complete a Position Description Questionnaire (PDQ). It is my understanding that you also reviewed her completed PDQ for accuracy as to work performed, required skills, etc. prior to it's submission to me (copy attached). I fIrst compared it with the Legal Assistant job description (JD) that was created in 2001, based upon the pay & classification study (copy attached). The previous JD did not list the specialized paralegal education and skills required to perform this position. Additionally, 20% of the incumbent's time is now spent in performing actual paralegal work versus the 50% previously identified in performing more basic secretarial duties. Currently those duties are only listed at 20% of the time. The result was that it made the comparison of the previous JD more in line with an Office Assistant Senior Specialist, which is a classification covered by the Teamsters Collective Bargaining Agreement. The current legal assistant position requires an extremely high level of confidentiality based upon the nature of the work as well as very specialized knowledge of Civil litigation rules and procedures, and court procedures and requirements in State and Federal Court which can only be gained through specialized paralegal training. Also at least 20% of time is spent in coordinating and managing the work of Legal Services. I then compared it the positions of Executive Assistant and Legislative Assistant. Both those positions require high levels of confidentiality as well as the ability to work independently, however neither require the specialized paralegal training that is nOlmally required for the Legal Assistant position, however, tlley are close enough in levels of responsibility and independent judgment to be a good match (copies attached). Those positions are assigned to Professional Pay Band 8. 1 ~n Based upon the above analysis, I am recommending that you request to have the position of Legal Assistant upgraded from Professional Pay Band 6 ($39,631-$48,285) to Pay Band 8 ($43,744-$53,928) in the 2005 budget. I also recommend that the position be retitled to Paralegal. Thelma is currently at Step 8 of Band 6 ($48,285) and would move up to Step 5, Band 8 ($49,493) for an annual difference in base salary of $1 ,208 + percentage based benefits. , , . Page 2 '<7 DATE SUBMITTED: January 5, 2005 BILL # 0':; -OJ~. AGENDA BILL CITY OF BREMERTON iDA CITY COUNCIL ............................................................................................ SUBJECT: Amendment to Community Committee Meeting Date: /-/~-oS- Development Block Grant Action Plan for COUNCIL MEETING Date: January 1', 2005 2003 Department: DCD/CDBG Presenter: Eichhorn Phone: 473-5211 SUMMARY: City Council approved the 2003 CDBG Action Plan on October 9, 2002. That plan allocated $500,000 toward the capital costs of developing Maritime Park. The Economic Development Department has requested $50,000 for use toward architecture and engineering costs. All other project aspects remain the same. Approval of this request requires an amendment to the Plan, a public hearing on or after February 16, 2005, and execution of two contracts between CDBG and Economic Development. Approval of this request would allow fulfillment ofHUD's procedural requirements and would allow immediate reimbursement of NE costs for the park prior to completion of federally-required environmental review. ATTACHMENTS: Amendment request from Economic Development. Professional Services Agreement with Portico Group, RFQ, and Scope of Work. FISCAL IMPACTS (Include Budgeted Amount): None. Ifnot approved, AlE expenses would need to be paid from other (non-CDBG) funds. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: "\-/:'J 171 /, i . I' FISCAL/BUDGET: ./10t~ (C~ ;-/2 .-',/"' i ' " ~ OPERATIONS' \ r) ! t<,,<nn.:.__ . \ v 1," t,,-' >-"-----.---">- COUNCIL PRESIDENT: - ~..>~ ~__ RECOMMENDED MOTION: Motion to approve amendment to 2003 Action Plan, dividing Maritime Park allocation into two awards of $50,000 and $450,000 and to direct staff to complete public participation process for the amendment, including a public hearing on February 16,2005. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action "Q Maritime Park and Memorial Plaza Portico Group PROFESSIONAL SERVICES AGREEMENT Phase I & Phases II The City of Bremerton ("City") and the Portico Group ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the Scope of Service for Phase I set forth in attachment A regarding completion of concept design work for Maritime Park and Memorial Plaza. Phase I includes complete concept renderings, master plan as set forth in Attachment A. At the sole discretion of the City of Bremerton and upon completion of Phase I and written approval of the concept design, and with agreement of Consultant the City may hire the Consultant to proceed with work and perform Phase II work. Phase II is completion of construction documents, plans, specifications and bid documents for Maritime Park and Memorial Plaza. The compensation includes costs of travel, meals and housing. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work for Phase I will begin on the tasks described in Phase I immediately upon execution of this Agreement. The parties agree that the Phase I work is to be completed by February 28, 2005; provided however, that additional time shall be granted by the City for excusable delays or extra work. If hired to proceed with Phase II work shall begin upon written acceptance of the concept design by the City of Bremerton Director of Economic Development. Phase II work is to be completed by July 15, 2005; provided however that additional time may be granted by the City. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant hourly fees pursuant to Attachment A for Phase I not to exceed Thirty Four Thousand Two Hundred Nine Dollars ($34,209). Compensation for Phase II shall be at the hourly rates set forth in Attachment A and based upon such hour limitations as may be agreed upon in writing hereafter, but in any event not to exceed One Hundred Ninety Five Thousand Dollars ($195,000) for Phase II. Total compensation under this Agreement shall not exceed Two Hundred Twenty Nine Thousand Two Hundred Nine Dollars ($229,209) The Consultant shall submit a billing statement detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested in writing. ?Q If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants as follows: Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. llli\ VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. B. Ownership and Use of Records and Documents: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City of Bremerton Mike Hamm Gary Sexton The Portico Group Economic Development 1500 4th Avenue 345 6th Street Seattle WA 98101-1670 Bremerton W A 98337 G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. I. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. 111 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT The Portico Group By: Cary Bozeman By: Mike Hamm its: Mayor its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts\ECONOMIC DEVELOPMENnPortico PSA (Maritime Park).doc II'? 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LU a. l- I :::,~ ~ M o:DOlC'l oi NNN N II AA STA TE OF WASHINGTON - KING COUNTY --ss. 176801 No. City of Bremerton, City Clerk Affidavit of Publication The undersigned, on oath states that he is an authorized representative of The Daily Journal of Commerce, a daily newspaper, which newspaper is a legal newspaper of general circulation and it is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a daily newspaper in Seattle, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of this newspaper. The Daily Journal of Commerce was on the lth day of June, 1941, approved as a legal newspaper by the Superior Court of King County. The notice in the exact fonn annexed, was published in regular issues of The Daily Journal of Commerce, which was regularly distributed to its subscribers during the below stated period. The annexed notice, a CN:P ARK/MUSEUM/PLAZA was published on 9/14/2004 ,\\\\1111" "'I ~IA-f "", 9, MO II", ~' ~~~ ...........S~( ',,/ ~ 'S ...ii-\~SION e.t....;, ~ ~ ..~ JO.l eo ~ ~ ....~ - ~ .... ~ ;::: UO ..'IF! V d' ~ ~ Subscribed and sworn to before me on - . . ... =: .-, : = -. ~(.)-==- .- - . . - -.,. . - ~ \. ;.JOO '",\l,-~ ! ~ ~~..V'<::- F, ..~ ~ ~ -..( ~,l<::>~ ~ of" ...1 1 0 'l. ~... , ~ ;,;""/: ~ 0 ........'.....\~~ " 'I" J: WAS" "", blic or be State of Washing to III/JIJ!!! 1\ \\\\ \ residing in Seattle Affidavit of Publication Jlr- ---..-- State of Washington, King County City of Bremerton Park/Museum/ Plaza Design Submittal Date: Oct. 8 City of Bremerton Request for Qualifications Design Consultants Project: MARITIME PARK; NAVAL MUSEUM/BLDG 50 i RENOVATION; I MEMORIAL PLAZA I The City of Bremerton requests' submittal of qualifications for. design consultants to assist the I City in designing a project COnt sisting of three phases: Maritime Park (Phase A); Naval Museum! Bldg. 50 Renovation (Phase B); Memorial Plaza (Phase C). The design and construction of the three phases may occur simulta:- neously or be staggered deperid: ing on site availability and inter: face with other adjacent projectfj, Respondents may submit qualific~. tions for one, two or all three phas. ~s. The estimated cost for i~p~o~~-. ments are expected to be in the range of $1,200,000 for Maritime Park, $750,000 to $1,000,000 for the ~aval Museum/Bldg.g9' RenovatIOn, and $1,000,000 to $1,200,000 for Memorial Plaza. ....... Interested parties may obtaiIJ.' a copy of the full RFQ from th'~ City of Bremerton, 239 4th Street' Bremerton, WA 98337. Contadi' Angela Goossens, Phone: 360' 473-5269, Fax: 360-473.5850 E: mail: angela.goossens@ci.bredter_ ton.wa.us. Proposals are due no later than 5:00 PM, October 8, 2004, addressed to: City of Bremerton, Attn:Gary Sexton, Director of Economic Development, 239 4th Street Bremerton, WA 98337.' Date of publication In the Seattle Daily Journal of Commerce, September 14, 2004. 9/14(176801) Page 2 of affidavit AC RFQ Submittals Short List Lead(f earns 1. Hargreaves Associates Phase(s) A, B, & C 398 Kansas Street cf.yD NvV/f San Francisco, CA 94103 _. MARY MARGARET JONES, Tel 415.865.1811 MARCEL WILSON 2. Hewitt Architects flase(s) A, B, & C 119 Pine Street, Ste 400 I rOO ,J o~;? Seattle, WA 98101-1513 KRIS SNIDER, Tel 206.624.8154 3. MacLeod Reckord Phase(s) A & C 231 Summit Avenue E 1:Db No" 3 Seattle, W A 98102 TERENCE RECKORD, Tel 206.323.7919 EDWARD MACLEOD CONNIE RECKORD 4. The Portico Croup! . J "it!) If 'I Phase(s) A, B, & C 21 7 Pine Street 2nd Fir /1"0 fM , Seattle, WA 98101 MICHAEL HAMM, Tel 206.621.2196 (Y\ ~Al'W\mQ frJrt,togrovp.eoVVL 15 (~8rlf If Rice Fergus Miller 262 4th Street Bremerton, W A 98337 DAVID fERGUS, Tel 360.377.8773 5. ROC Planning & Design! Phase(s) A, B, & C 900 Farnam on the Mall, Suite 100 Omaha, Nebraska 68102-5089 JEffREY C~NNON, Tel 402.392.0133 ~ tot.- c.. 70 7~11 ~'iq ok"ft,J 1:.0"0 No\/, 5" Art Anderson Associates! . 202 Pacific Avenue Bremerton, WA 98337-1932 tel 360.479.5600 AHBL 2215 N 30th Suite 300 Tacoma, WA 98403 - 3320 Tel 253.383.2422 6. Walker Macy! Phase(s) A & C 111 SW Oak, Ste 200 ? :oD No'! tj Portland, OR 97204 J. DOUGLAS MACY, Tel 503.228.3122 JA Brennan & Associates 100 S King St, Ste 200 Seattle, W A 98104 Tel 206.583.0620 /17 RFQ Submittals 15 Lead/Teams l. Charles Anderson Landscape Architecture / Phase(s) A, B, & C 83 Columbia Street, Ste 301 Seattle, W A 98104 ww w .cha r1esanderson.com Olson Sundberg Kundig Allen Architects 159 South Jackson Street, 6th Fir Seattle, W A 98104 www.olsonsunberg.com 2. A.R.C. Architects Phase(s) B 1 1 OlE Pike St Seattle, W A 9811 2 www.arcarchitects.com 3. BCRA Phase(s) A, B, & ( 2106 Pacific Avenue, Ste 300 Tacoma, WA 98402 www.architectsbcratsang.com 4. (orison Architects PS Phase(s) A, B, & ( 2111 Third Ave Seattle, W A 98121 www.carlsonarch.com 5. Gustafson Guthrie Nichol Ltd / Phase(s) A, B, & ( Pier 55, Fir 3 1101 Alaskan Way Seattle, WA 98101 www.ggnltd.com SRG Partnership Inc 101 Yesler Way Seattle, WA 98101 www.srgpartnership.com 6. Hargi;ves Associates Phase(s) A, B, & ( - .398 ansas Street San Francisco, (A 94103 www.hargreaves.com 7. Hewitt Architects Phase(s) A, B, & ( - 1 1 9 Pine Street, Ste 400 Seattle, WA 98101-1513 www.hewittarchitects.com 8. Barry Howard Limited Phase(s) A, B, & ( 4054 Del Rey Avenue, Ste 205 Marina del Rey, (A 90292 www.barryhowardlimited.com 9. JGM Landscape Architects Phase(s) A & ( 204 111 th Avenue NE Bellevue, WA 98004 www.igm-inc.com 110 RFQ Submittals 15 Lead/Teams 10. Macleod Reckord Phase(s) A & C -- 231 Summit Avenue E Seattle, W A 98102 11. Merrit Arch PLLC Phase(s) B 1 901 Market Street Tacoma, WA 98402 www.merrittarch.com 1.l; The Portico Group/ Phase(s) A, B, & C 217 Pine Street, 2nd Fir Seattle, W A 981 01 www.porticogroup.com Rice Fergus Miller 262 4th Street Bremerton, W A 98337 www.rfmarch.com 13. RDG Planning & Design/ Phase(s) A, B, & C - 900 Farnam on the Mall, Suite 100 Omaha, Nebraska 68102-5089 www.rdgusa.com Art Anderson Associates/ 202 Pacific Avenue Bremerton, WA 98337-1932 www.artanderson.com AHBL 221 5 N 30th Suite 300 Tacoma, WA 98403 - 3320 www.ahbl.com 14. SB&A Landscape Architects Phase(s) A, B, & C ,1148 NW Leary Way Seattle, W A 98107 www.sbassociates.com 15. Walker Macy/ Phase(s) A & C - 11 1 SW Oak, Ste 200 Portland, OR 97204 www.walkermacy.com JA Brennan & Associates 1 00 S King St, Ste 200 Seattle, W A 981 04 www.jabrennan.com 110 REQUEST fOR QUALIfiCATION DESIGN SERVICES PROJECT: MARITIME PARK - PHASE A NAVAL MUSEUM / BUILDING 50 RENOVATION - PHASE B MEMORIAL PLAZA - PHASE C Qualifications due by 5:00 pm on October 8, 2004 Delivered or mailed to: City of Bremerton Attn: Gary Sexton, Director of Economic Development 239 Fourth Street Bremerton, W A 98337 -- - DRAFT - -' Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 1 of 5 City of Bremerton, Economic Development 09.14.2004 t:;r.l INTRODUCTION The Opportunity The City of Bremerton (City) is seeking proposals from qualified designers for the design of three separate, interrelated and adjacent properties, Maritime Park, Naval Museum/ Building 50 Renovations, and Memorial Plaza. The New Bremerton Bremerton sits at the heart of Kitsap County and is the gateway to hundreds of thousands of annual visitors to the Kitsap and Olympic peninsulas. Bremerton's waterfront and urban core is experiencing rebirth and offers the State of Washington's greatest potential for economic growth. The Bremerton downtown core ("Bremerton Harborside") began major Development in the spring of 2002. These projects start with the just-completed spectacular waterfront Kitsap Conference Center, the Hampton Inn and Suites, a 525 car 3 story parking garage, Kitsap Transit's 36,000 sq ft office building, retail space including Starbucks, Coldstone Creamery and Subway, a restaurant pad, and beautiful interactive and choreographed plaza fountains. A new 6 story 104,000 sq ft civic/government building will be complete in October, 2004. Major new pedestrian - friendly streets, pedestrian lighting, planting strips and trees on Washington Avenue, Burwell Street and Second Street will be completed by October 1, 2004. A 1,000 car, six story Navy parking garage in the downtown core has commenced demolition and construction. Kitsap County Federal Credit Union will start construction of a 50,000 sq ft office Building adjacent to the Kitsap Conference Center in late fall 2004. Construction of 200 Bremerton Harborside Condominium units will begin Phase I construction in April 2005. A Twenty Eight Million Dollar federally funded Pedestrian/Bremerton Transit Center Access project is in the final environmental assessment phase and will commence construction in late 2005. An expanded 240 slip Marina adjacent to Bremerton Harborside and the Boardwalk is scheduled for construction in 2005-06. Undergrounding of all utilities in the downtown core is underway. Many of the existing downtown office buildings are under renovation by private developers and owners. PROJECT SCOPE The Project incorporates three adjacent properties and phases, including Maritime Park (Phase A), Naval Museum/Building 50 Renovation (phase B), and Memorial Plaza (Phase C). The three Phases are separate, adjacent sites but are to be connected and integrated for design and use. Each Phase will be developed in late 2004 through early 2006. The commencement of design and construction of each phase may occur simultaneously or be staggered depending on site availability and other interconnected downtown development projects. Interested desianers mav submit aualifications for one, two, or all three of the Phases. Maritime Park - Maritime Park is a parcel adjacent to and immediately south of the Bremerton Transportation Center. The property consists of approximately 1.8 acres 220 ft in width at the shoreline, then narrowing to 100 ft and extending to the Naval Museum/Building 50 Renovation site. It is expected that the design will include a waterfront plaza, seating and rest areas, rockeries, trees, scrub, lawns, walkways, handicap access and other amenities to advance high quality open Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 2 of 5 City of Bremerton, Economic Development 09.14.2004 1::1 spaces for local residents, PSNS civilian employees, Navy service personnel, and Bremerton Harborside visitors. Naval Museum/Building 50 Renovation - Building 50 in the oldest building in PSNS, constructed in 1896 and designed by Chamberlin and Siebrand, architects. Building 50 is a two and a half story, T plan wood frame structure. It features a classical revival program with hipped roofs, hipped roof dormer windows and a shallow portico with full entablature supported by ionic columns. The footprint measures 88 feet by 78 feet and 32 feet in height. It was frequently remodeled with walls added for use as offices, an apprentice school and dispensary. Currently located in the inner PSNS construction area, in early October 2004, it will be moved to a new site with a basement foundation located at the south end of Pacific A venue and west end of First Street. The building and site will be transferred to the City of Bremerton. It is a national historic building. The City will renovate the building and plaza area, opening up as many interior spaces as appropriate for use as a naval museum. Prospective designers must have a substantial background in renovations and museum design. Memorial Plaza - This property is one block long, 110 ft deep +/- and extends from Burwell Street south to First Street. the First Street PSNS gate and the new Naval Museum. PSNS abuts the property to the west. The land is being purchased by the Navy as a "buffer" zone as a result of 911 security demands. In conjunction with the Navy, the City with design, develop, and maintain the site as a Navy memorial urban park. It is contemplated that the plaza will have memorials and artifacts recognizing each naval ship that has been "scrapped" in PSNS, depict and illustrate the shipyard wartime past. illustrate current shipyard work, and provide events/reunion plaza. The Memorial Plaza will incorporate 911 security set back requirements and integrate with the Pacific A venue Pedestrian/BTC access project. ADDITIONAL DEVELOPMENT EXPECTATIONS INCLUDE - ., Enhance and improve upon the waterfront "entrance" to Bremerton as a gateway to the City, Kitsap County and visits to the Olympic Peninsula. . Improve upon downtown as a pedestrian gathering place. ., Enhance recreational outdoor environments for the benefit of the downtown residential neighborhood. . Enhancing the publics' visual and physical access to the waterfront. ., Provide a catalyst for economic development in Bremerton and Kitsap County. ., Create a variety of downtown recreational opportunities. .. Contribute to a positive perception of Bremerton as a desirable place to work, live and visit. ., Emphasize the pride, freedom and hope that the City of Bremerton and Puget Sound Naval shipyard represent. .. Create increased daytime and evening venues for Naval service personnel and civilian employees. SITE CONDITIONS - It, Ground Studies: Environmental studies are in the final phases of completion by PSNS. PSNS will perform remediation as necessary for use as parks and a museum. Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 3 of 5 City of Bremerton, Economic Development 09.14.2004 ~" . utilities: Water. sewer, power, telephone and cable connection are available adjacent to the site. . storm Water: The storm water system shall conform to City requirements. PROPOSAL REQUIREMENTS - Prospective Designers are requested to submit information in sufficient detail to allow the City to evaluate the respondents' qualifications for the respective project. . Submittal of Qualifications: Five copies of the statement of background, experience and qualification proposal must be submitted to the City by 5:00 PM on October 8th, 2004. Submittals may be mailed or hand delivered to the City Offices. If mailed, the responsibility of the timely delivery is entirely up to the respondent. Each proposal should specifically indicate which phase and/or phases the proponent is submitting Qualifications for. . The proposal shall be properly addressed with the name of the respondent and the RFQ title "Request for Qualifications for Design for Maritime Park; Naval Museum/Bldg 50 Renovation, Memorial Plaza." written on the outside of the package and delivered or mailed to: City of Bremerton A TTN: Gary Sexton, Director of Economic Development 239 4th Street Bremerton, W A 98337 No submittal received after 5:00PM on October 8, 2004 will be considered. Questions concerning the proposal should be directed to Gary Sexton, Project Administrator at 360.478.5282 or em ail Qsexton@ci.bremerton.wa.us EV ALUATION & SELECTION PROCESS Selection Process The City will evaluate all RFQ submittals. Respondents who submit proposals may be required to make oral presentations to the City upon request. Designers will be selected for each phase as best suited to meet the design needs of each phase. Upon selection the City will negotiate terms of a Design Agreement. Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 4 of 5 City of Bremerton, Economic Development 09.14.2004 I:'J Selection Criteria The City will review all qualifications in an open and fair manner. The following criteria will be used to select a designer and/or designers for each phase. . The background and experience of the respondent in designing projects of similar nature and intended use. .. The overall strength of the respondent team. . Any conceptual thoughts of the respondent regarding the project phases. ., Degree of interest and responsiveness to undertaking the projects including the general knowledge of current Bremerton Harborside, downtown development projects and design approaches. The City has the option to request that further information be provided by a firm in order to complete the evaluation. The City will make selections as soon as possible after the proposal due date of October 8, 2004. All respondents will be notified, upon final determination by the City, of the selection results. Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 5 of 5 City of Bremerton, Economic Development 09.14.2004 t:;Ll 13 J< F~ 1\/1 E~ I{fvt'.,; N Hl\I-{B(~)l-(SII )r~ [)E\lELC)I)I\'j ENT . ,o;J ___ ;;.~, . - ..' ;r-..l'l',', ' m ..,.. ",.' d'.' l':i- < ," '" -'fl" ") .~, - , '. f:~ff!~f~!fl <x:, ;;;_!_'':n~~'-.). ," li"1.,;, ~"::"'i..f.'{~:;'O , ~~\'ll;IL'!aZ;'.~"_" ::.t ~,~~ c::)' c$ dr-~~-h~:-t-:-"l ;__l(.':aJd~ U"C Bn::rr:~f.tvr, Cit.:r Ccurcil. i(it~,:!;l P...Ib"~ hK . ~~: ~: .,S:.-'C':. KI::rap 'rr~_;1::t1t. K,t:.,,::: ~-:c'li:r~'~:<:f"l~~hd"':rrd ti :.;. ";H".r: . ....":'c,.::r rhe U'(\,.,F ....;.~. US ~~~,l:"r ! l~rr:t Mur':lf. I.::i ; ;'.'~ I",::"~'r.,i :.t.:tL-C', -:1 E""..:1T,":'1":v.' ;~r.: 'e~~-:.': it N:. or- 1:'lrk; KI'''-.:' ' -..... - ~ .-. -";;;1:;:" ,':[ ~ .. -,I!. ! ;,' :;_" ::A ::-::'(,ij~ t)~i'":/.. Klr.:::,c~~ (f'" )":'f ~;'...: :.,:." ":-,; ;':-!-~:" N:J'~. ;':1 rq;:..;";,"\o" t:.";..f....'Ji'; 'ilr:fll".~~:. ;f :.p,,:~-...\ :;,1'0. <: ::o:.lp r..; ~::: I::: "/:' ~- ~ ";, ) -: (;.. '" ',"'..;",,1' .,( :-:'"~i If:ry ~i.,~.~ I,t- -~: - ,r "If-!" .: ,.. ~1 r;- f ,,"! 'H" ~' .~.;~,'.":;,~;",;~ ,-. :::",,,:;",~.~", ~ t" ,~" :1 r.:;: ~'. 1 f'.:-, :~.~"f _cfa.1 "';",","u' (:',r;"".~'I'~ .,1';;; t.;..\.It"(~3 Th(~ b:c~~[ 'f' C~7 c.:) C 0 I"'~, ;~< .....hu ~.t.'h..:.:;,,,;I,f I.~ tht: ( ',If:'; :" .;~tll. (t 1, "...~.l Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 6 of 7 City of Bremerton, Economic Development 09.14.2004 1:;1:; J ., ~,.~... LJ - I " < "'. - ". r-c.~::.".[~ 1".".,...",",- ,-~- i { tJI,::,qr,..l*t( 4':I~~f I -'fAr'ITAT rMf~.(~~ ~-=- -;'-""" 1--"-"__ ......r--' - -... .-..- ,. . ~ ",.." MARITIME PARK (:'':/!::~ e-1~~.~""" w..:.,hn;;:fO" Full RFQ Design Services Maritime Park/Building 50 Museum/Memorial Plaza Pg 7 of 7 City of Bremerton, Economic Development 09.14.2004 !:;F; I Memorial Park Interview Criteria TEAM 1 2 3 4 5 6 7 :::;:;:::::::::::::::;:::::::::::;:;:::::::::.;::::::::::::::::::::::::::::::::::::::::::::::':':::::::::;:::::::::::::.:::::::::::::::::::;:::.:;:::::::::::::::::::::::::::.::::::::::::::::::::::.::::::::.::;::::::::::::::::::::::::.:: .:::~::-:::::-:.:::-:-:-:-:::.:::-:-:.:.:::::.::::::::::::::::::::::~:::::::,::::::::::::::::: ,:::::::::::::::::::_':::::::;::::::::::::::::::: -:-:;::::;:::::::::::::::::::::::::::::::::::::.: :::::::::::::::.:::::::::::~::::::::::::::::::::::::::::::::.:::::::::::::::::::::;::::::::;::::::::::::::,:::::::::::::::;:::::::::.::::::::: Overall Team Strength - ~treRgtb Team Strength in design of Landscape Parks Illustration/Experience using of Different Materials Illustration/Experience of prior Active Park Designs - Concept/Forethought for Maritime Park Design - - Strength of Project Team in Memoria.1 Plaza Design Concept/forethought for Memorial Plaza Design - Strength/Experience in Museum Design Strength of Project Manager for Museum Design Team Strength in articulating what are key elements in creating unique & imaginative public nl~,....oc Knowledge of Bremerton/ (Past & Current Changes) - Overall Presentation - .~- Interaction with City Team - 1;7 DATE SUBMITTED: 1-5-05 BILL # 05# D 17 AGENDA BILL CITY OF BREMERTON ~B CITY COUNCIL ............................................................................................ SUBJECT: Approval of Professional Committee Meeting Date: 1-12-05 Services Agreement with the Portico Group COUNCIL MEETING Date: 1-19-05 for Design of the Maritime Park & Memorial Department: Economic Developmt Plaza Presenter: Gary Sexton Phone: 473-5282 SUMMARY: Staff is recommending that the City ofBremerton enter into a professional services agreement with the Portico Group for completion of concept design work for the Maritime Park and Memorial Plaza including: Phase 1) Completion of concept renderings and master plan; and Phase II (contingent on City approval of concept design) Completion of construction documents, plans, specifications and bid documents. Compensation for Phase I shall not exceed $34,209 and Phase II shall not exceed $195,000. A TT ACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): -'I ~c h.~ v;()dTe-r- FL\ll\d 0,,3 ('- i,'. ) l) .::, .- 1 L . ,c ... _1... . '_.i APPROVALS: DEPARTMENT DIRECTOR: --- ~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA D ~O OPERATIONS: COUNCIL PRESIDENT: 7 Move to approve the ProCessional Services Agreement with the Portico Group Cor concept design work for the Maritime Park and Memorial Plaza and authorize the Mayor to execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve D Deny o Table D Continue D No Action i:i~ Maritime Park and Memorial Plaza Portico Group PROFESSIONAL SERVICES AGREEMENT Phase I & Phases II The City of Bremerton ("City") and the Portico Group ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the Scope of Service for Phase I set forth in attachment A regarding completion of concept design work for Maritime Park and Memorial Plaza. Phase I includes complete concept renderings, master plan as set forth in Attachment A. At the sole discretion of the City of Bremerton and upon completion of Phase I and written approval of the concept design, and with agreement of Consultant the City may hire the Consultant to proceed with work and perform Phase II work. Phase II is completion of construction documents, plans, specifications and bid documents for Maritime Park and Memorial Plaza. The compensation includes costs of travel, meals and housing. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work for Phase I will begin on the tasks described in Phase I immediately upon execution of this Agreement. The parties agree that the Phase I work is to be completed by February 28, 2005; provided however, that additional time shall be granted by the City for excusable delays or extra work. If hired to proceed with Phase II work shall begin upon written acceptance of the concept design by the City of Bremerton Director of Economic Development. Phase II work is to be completed by July 15, 2005; provided however that additional time may be granted by the City. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant hourly fees pursuant to Attachment A for Phase I not to exceed Thirty Four Thqusand Two Hundred Nine Dollars ($34,209). Compensation for Phase II shall be at the hourly rates set forth in Attachment A and based upon such hour limitations as may be agreed upon in writing hereafter, but in any event not to exceed One Hundred Ninety Five Thousand Dollars ($195,000) for Phase II. Total compensation under this Agreement shall not exceed Two Hundred Twenty Nine Thousand Two Hundred Nine Dollars ($229,209) The Consultant shall submit a billing statement detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested in writing. ~Q If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the perfonnance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perfonn the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perfonn its obligations under this Agreement. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants as follows: Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. F=:fil VII. General Conditions:.. A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. B. Ownership and Use of Records and Documents: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City of Bremerton Mike Hamm Gary Sexton The Portico Group Economic Development 1500 4th Avenue 345 6th Street Seattle W A 98101-1670 Bremerton W A 98337 G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and loca1.1aws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 1. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Fl1 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT The Portico Group By: Cary Bozeman By: Mike Hamm its: Mayor its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts\ECONOMIC DEVELOPMENT\Portico PSA (Maritime Park).doc n? I c----- 0000 00 000 000000 000 0 0 0010 ~tA-~Vt- "It 101) 1A-fn.;J 1A'~i0'7~~"" 'hb"l-b"l- '''If lh 1>9....1.. ~ ~.... ~.:: ~ .. C '" I " '" I 0: 000 '=" 0' 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 CO ~ '5 &, I - - 0000 '<tCO ro NO Oo:J~:l?OO NNI;Q:OO (O~!,Q \,l'} '<ten LO ~~~~ ~~ ~ ~_~ ~:~~tIl~ ~5~~S ~= ~ <n~ ~!i ~~ b t.ot_ ~ tIlb'J V. :; ~ ~ ~ .g "" o "", " ,_, co:::s:: 11)... .c 1 o oq'oo "3' t.OO o'C? N':'lt 0 0 l.O"D'lt.q-,O CODOM ~ -;;:",,,, 0"- I o - ....... 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III ~ .1: c z :~ '" ~ i! .. oO -g .. 4i c a: ~ . ~ E 8.. .g- l3 ~ c "iii . tl > :0 :0 ~ 0 ~ 0 o ~ w C ~ ~ " 20.:5 .. ~ 8.E .~ ~ ~ ; u~t: .l' ~ 00-< "' JO-~ ~ ~ g w ~ ~~J 8 . ~ ! .c .. & C5 ~ ~ Q.; ~ ~N,", ;;; "''''''' '" N-:--j'N N ~J1 DATE SUBMITTED: 1-5-05 BILL # Dt) - ()IB AGENDA BILL CITY OF BREMERTON I , CITY COUNCIL \.D ~ ...........................................................................................1 SUBJECT: Approval of Professional Committee Meeting Date: 1-12-05 Services Agreement with RDG Planning & COUNCIL MEETING Date: 1-19-05 Design for Design Work and Schematic Department: Economic Developmt Design for the Maritime Park Naval Museum Presenter: Gary Sexton Phone: 473-5282 SUMMARY: StaiIis recommending that the City of Bremer ton enter into a professional services agreement with RDG Planning & Design for completion of design work and schematic design for the Maritime Park Navel Museum, also known as Building 50. Phase I includes complete concept renderings, master plan, interpretive plan, program and adjacencies for Building 50's adaptive reuse into a Naval Museum. Compensation not to exceed $30,000. Phase II (contingent upon approval of schematic design) includes completion of construction documents, plans, specifications and bid documents for Building 50 renovation and its immediate surrounding site work. Compensation not to exceed $96,000. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): FV ;ZOOS- ~:J(.Jd::Je+ - ru\ILC( 3003 /J 1" APPROVALS: I !z /~---" - DEPARTMENTDIRECTOR:~~ .- CITY ATTORNEY: \ FINANCE DIRECTOR: MAYOR: FISCALIBVDGET:~t~ c;:/E:. . CONSENT AGENDA 0 ~O OPERATIONS. 1i =\~V~C:5-'N'__'__~'- COUNCIL PRESIDENT: -U.P-1.... ~~ --- c:fiJ RECOMMENDED MOTION: ~ Move to approve the Professional Services Agreement with RDG Planning & Design for design work and schematic design for the Maritime Park Naval Museum and authorize the Mayor to execute same with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ~k ~ Building SO/Naval Museum RDG PROFESSIONAL SERVICES AGREEMENT Phase I & Phases II The City of Bremerton ("City") and RDG Planning & Design ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the Scope of Service for Phase I set forth in attachment B regarding completion of concept design work and schematic design for Maritime Park Naval Museum. Phase I includes complete concept renderings, master plan, interpretive plan, program and adjacencies for Building 50 adaptive reuse into a Naval Museum. At the sole discretion of the City of Bremerton and upon completion of Phase I and written approval of the schematic design, the City may direct and hire the Consultant to proceed with work and perform Phase II work. Phase II is completion of construction documents, plans, specifications and bid documents for Building 50 renovation and its immediate surrounding site work resulting in the design for adaptive reuse as a naval museum. The compensation includes costs of travel, meals and housing. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Phase I immediately upon execution of this Agreement. The parties agree that the Phase I work is to be completed by February 15, 2005; provided however, that additional time shall be granted by the City for excusable delays or extra work. If directed to proceed with Phase II work shall begin upon written acceptance of the Schematic Design by the City of Bremerton Director of Economic Development. Phase II work is to be completed by July 15, 2005; provided however that additional time may be granted by the City. III. Compensation: In consideration ofthe services provided pursuant to this Agreement, the City shall pay Consultant hourly fees pursuant to Attachment A for Phase I not to exceed Thirty Thousand Dollars ($30,000) and, if retained, not to exceed Ninety Six Thousand Dollars ($96,000) for Phase II. Total compensation under this Agreement shall not exceed One Hundred Twenty Six Thousand Dollars ($126,000) The Consultant shall submit a billing statement detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested in writing. 1 .=:.=: If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub- Consultants as follows: Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. 2 h7 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. B. Ownership and Use of Records and Documents: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City of Bremerton Jeffrey Cannon Gary Sexton RDG Planning & Design Economic Development 900 Farnam St. Suite 100 345 6th Street Omaha, Nebraska 68102 Bremerton W A 98337 G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. I. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. 3 ~o VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: Cary Bozeman By: Jeffrey Cannon its: Mayor its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R\LEGAL\Contracts\ECONOMIC DEVELOPMENliRDG PSA (B1dg 50).doc 4 Cel ATTACHMENT A - (cont) Standard Hourly Rate Schedule PROFESSIONAL PERSONNNEL HOURLY RATES Principal $125.00 Architect/Designer $115.00 Architect $85.00 Intern Architect I $ 63.00 Intern Architect II $ 55.00 Planner $ 62.00 Graphic Designer $ 42.00 Intern $ 30.00 Construction Administrator I $ 88.00 Construction Administrator II $ 68.00 Draftsperson $ 43.00 Clerical I $ 54.00 Clerical II $ 42.00 Clerical III $ 30.00 '711 Attachment B Scope of Work Phase I Phase I is an agreement to complete concept renderings, master plan, interpretive plan, program, and adjacencies for the Building 50 adaptive reuse into a museum building. Completion of concept renderings is also to be considered completion of preliminary schematic design. The scope of work for RDG Planning & Design in Phase I includes the museum building, its immediate environment, the southwest comer of the intersection of Pacific A venue and First Street, exclusively, and leading the interpretive concept design of the Memorial Plaza in concert with The Portico Group. (Memorial Plaza being that area west of Pacific Avenue, south of Burwell Street, north of First Street, and east ofPSNS.) The scope of services is based on a budget of $800,000 (eight hundred thousand dollars) for Building 50 in Phase II. Updated conceptual cost estimates will be provided at each phase. Scope of Services Phase I: I. Qualitative and quantitative classification of current and available collection by category and subcategory into "Display", "Study", "Reserve" 2. Quantify conservation needs 3. Determine display versus storage ratios 4. Determine exhibition and storage densities 5. Determine exhibit information and communication strategy 6. Interpretive concept/exhibit plan 7. Written space program 8. Determine space adjacencies and zoning 9. Site plan 10. Concept building plans II. Concept building elevations 12. Concept renderings 13. Schematic design Estimated Hours: The estimate for the hours involved in Phase I 350 Refer to Attachment A, rate schedule Estimated Travel and Expenses: Travel and related expenses of Phase I are estimated to be: $8,000 This estimate includes 2 presentations 71 BILL # C ,~ ., , DATE SUBMITTED: January 3, 2005 J/~) / c/, '-'/ AGENDA BILL CITY OF BREMERTON 1A CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing on Ordinance Committee Meeting Date: January 12, 2005 amending BMC Title 2 relating to City COUNCIL MEETING Date: January 19 & 26, 2005 Council and Departments Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance amends and updates certain provisions of Title 2 of the Bremerton Municipal Code regarding the City Council and certain offices of the City by revising the schedule of regular City Council Meetings for November and December to accommodate holiday schedules and updating provisions relating to the Investment Committee and the Office of City Attorney. A TT ACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: -' CONSENT AGENDA D OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading amending Title 2 of the Bremerton Municipal Code. 2. I move to pass Ordinance No. on second reading amending Title 2 of the Bremerton Municipal Code. COUNCIL ACTION: D Approve D Deny D Table D Continue o No Action 7? ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and updating provisions of the city code regarding the City Council and certain offices of the City by amending Chapter 2.02 of the Bremerton Municipal Code relating to City Council meetings, Sections 2.14.010 and 2.14.030 relating to the Investment Committee and investment funds, and Section 2.06.040 relating to the Office of City Attorney. WHEREAS, the City Council desires to revise the schedule of the regular meetings of the City Council in November and December to accommodate holiday schedules; and WHEREAS, the City Council also desires to revise and update certain provisions relating to the Investment Committee and the Office of City Attorney; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.02 of the Bremerton Municipal Code entitled "City Council" is hereby amended to read as follows: CHAPTER 2.02 CITY COUNCIL 2.02.010 REGULAR MEETINGS. (a) Regular Meetings. The time and place of the regular meeting of the City Council required by Charter shall be each Wednesday at 5:30 p.m. at the designated Council Chambers or the City Council Conference Room, City Hall, Bremerton, Washington or any other place within the corporate limits of the City as provided in the public notice of meeting provided, hO\'/ever, if such meeting day falls upon a legal holiday, then pursuant to RC'.V 42.30.070 such regular meeting shall be held on the next blisiness day..except as follows: (1) There shall be no regular meeting of the City Council during the week of Thanksgiving. (2) If at any time any regular meeting ofthe City Council falls on a legal holiday. then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. (3) The City Council may. at its discretion. cancel a regular meeting due to circumstances deemed warranted by the Council by providing notice of cancellation in the same manner as notice of agendas of regular council meetings pursuant to subsection (b) below. 1 City Counci// Departments 7':2 (b) Agendas and Notice of Regular Meetings. A regularly scheduled City Council meeting may consist of a business meeting and/or study session, a combination thereof, or any other format as established by the City Council. Notices of agendas of all regular meetings shall be posted at City Hall and delivered to the local television station and local newspaper of general circulation by mail, facsimile or other similar means. Agendas for City Council business meetings shall be in a format established by City Council rules and procedures. (c) Pre-Council Meetings. The City Council shall meet at iWe-5:00 p.m. on the same day, immediately prior to the regular weekly council meetings, for a pre-Council meeting to discuss the agenda for such regular meeting and/or other administrative matters. 2.02.020 SPECIAL MEETINGS. (d) Special Meetings. Pursuant to RCW 42.30.080, special meetings of the City Council may be held, after public notice has been given, at a time and place as specified in the notice of meeting. 2.02.030 COMMITTEES. (e) Committees. The City Council may, by rule or procedure, establish council committees, and procedures for such committees, to assist the City Council in conducting its business. (f) Changes to Meeting Schedules and Format. Changes to the time, place and format (such as agendas) of any Council meeting may be changed by the Council subject to the provisions of the City Charter and State law relating to Council meetings. 2.02.040 RULES AND PROCEDURES. (g) Rules and Procedures. The City Council may adopt any rules and procedures it deems appropriate to implement the provisions of the City Charter and this chapter relating to Council meetings and Council business. 2.02.020 2.02.050 COUNCIL MEMBER SALARY SCHEDULE. Council member salary schedules shall be established and filed with the City Clerk by the Bremerton Citizen's Commission on Council Salaries pursuant to the Charter. SECTION 2. Section 2.14.010 ofthe Bremerton Municipal Code entitled "Investment Committee Authority" is hereby amended to read as follows: 2.14.010 INVESTMENT COMMITTEE AUTHORITY. As contemplated by RCW 35.39.032 there is created an mvestment Committee composed of the Mayor, Administrative Financial Services Director, City TrcasurerFinance Officer, and two City Council members as determined by the City Council, which Committee is authorized on behalf of the City to invest all monies in the City Treasury which, in the judgment ofthe Committee, are in excess of current City needs or which are contained in inactive funds. The Committee may, in its discretion, include as a non-voting member ofthe Committee an individual chosen from the public sector with appropriate technical expertise. The Finance Officer City Treasurer is directed to implement the 2 City Councill Departments 7.1 Investment Committee's decisions and to hold such investments for the credit of the funds for which purchased. The Finance Officer City Treasmef is authorized to convert the securities, or any part thereof, into cash. (S)he shall report to the City Investment Committee, monthly, all investment transactions and shall be subject to the guidance and control ofthe Committee. The City Attorney, or an Assistant City Attorney, shall be the legal advisor to the Committee. SECTION 3. Section 2.14.030 of the Bremerton Municipal Code entitled "Fund Investments - Interfund Loans" is hereby amended to read as follows: 2.14.030 FUND INVESTMENTS - INTERFUND LOANS. The Investment Committee may, in its discretion: (a) Determine which funds shall be invested on an individual fund basis and which funds shall participate within one or more common investment portfolio(s); (b) Apportion earnings and losses to those funds participating in a common investment portfolio. Those funds shall receive a return in proportion to the amount of money earned by each, and the remainder shall be allocated to the general fund, as authorized by state law. (c) The Investment Committee shall submit to the City Council a resolution establishing general criteria and procedures for interfund loans which shall, at a minimum, include the criteria set forth in Part 3, Chapter 4, SA of the BARS Manual; (d) The Finance Officer City Treasmer shall make all interfund loans in accordance with the resolution establishing general interfund criteria and procedures and shall obtain council approval prior to consummation of the loan by resolution. SECTION 4. Section 2.06.040 of the Bremerton Municipal Code entitled "Outside Employment" is hereby deleted as follows: 2.06.040 OUTSIDE EMPLOYMENT. The City }..ttorney and <'\ssistant City }..ttorneys shall not engage in legal practice or compensable legal work 'Nhile holding office with the City; provided, pro bono and minor legal matters for immediate family members are not prohibited so long as they do not interfere or conflict \-vith this office. SECTION 5. The amendments set forth in Section 1 of this ordinance shall be effective on February 1, 2005 or on the effective date of this ordinance, whichever is later. SECTION 6. Severabilitv. If anyone 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. 3 City Councill Departments 7!:i SECTION 7. E(fective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005 PASSED by the City Council the day of ,2005 DAREN NYGREN, Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2005 EFFECTIVE the day of ,2005 ORDINANCE NO. R:\LEGAL\Ordinances\City Council\Ch. 2.02 Amend-2005.doc 4 City CounciV Departments 7R DATE SUBMITTED: January 3, 2005 BILL # ()~} - 0<;).0 AGENDA BILL CITY OF BREMERTON 18 CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing on Ordinance Committee Meeting Date: January 12,2005 creating BMC Chapter 2.32 entitled "Gold COUNCIL MEETING Date: January 19 & 26, 2005 Mountain Complex Board of Directors" Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the Bremerton Municipal Code do not provide for a Gold Mountain Complex Board of Directors. The proposed ordinance creates a new chapter in the Bremerton Municipal Code, which formally establishes and provides for membership in the Gold Mountain Complex Board of Directors. A TT ACHMENTS: Proposed Ordinance FISCAL IMP ACTS (Include Budgeted Amount): APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: . ---~--'"~ FINANCE DIRECTOR: MAYOR: . FISCAL/BUDGET: /Z[)- t~(/:7f~ - ~.>/.-'/ z~ CONSENT AGENDA 0 OPERATIONS: ~//~~. :::::~~:E~~;I~:-y~ ~ 1. I move to approve the proposed ordinance on first reading creating BMC Chapter 2.32, which formally establishes a Gold Mountain Complex Board of Directors. 2. I move to pass Ordinance No. on second reading creating BMC Chapter 2.32, which formally establishes a Gold Mountain Complex Board of Directors. COUNCIL ACTION: 0 Approve o Deny .Q Table o Continue o No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of the Bremerton Municipal Code, Chapter 2.32 entitled Gold Mountain Golf Complex Board of Directors. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide for a Gold Mountain Golf Complex Board of Directors; and WHEREAS, the City Council desires to update the Bremerton Municipal Code to formally establish and provide for membership in the Gold Mountain Golf Complex Board; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.32 ofthe Bremerton Municipal Code entitled "Gold Mountain Golf Complex Board of Directors" is created to read as follows: Chapter 2.32 GOLD MOUNTAIN GOLF COMPLEX BOARD OF DIRECTORS 2.32.010 ESTABLISHED. There is established a Gold Mountain Golf Complex Board of Directors, hereinafter referred to as "Board," which shall act as an advisory body to the Department of Parks and Recreation and the Parks and Recreation Commission on matters relating to the Gold Mountain Golf Complex in order to promote and develop optimal utilization of the facility. 2.32.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The Board shall consist of eleven (11) members with seven (7) voting members and four (4) ex-officio, non-voting members as follows: (1) Two Council Members appointed by the Council President; (2) The Director of Parks and Recreation; (3) The Director of Public Works and Utilities; (4) The Director of Financial Services; (5) The City Forestry Manager; (6) One member of the Parks and Recreation Commission appointed by the Chair of the Parks and Recreation Commission; (7) The Golf Contract Administrator (ex-officio, non-voting); (8) The two Golf Professionals (ex-officio, non-voting); and (9) The Greens Superintendent (ex-officio, non-voting). 1 Gold Mountain Golf Complex Board of Directors 7Q -- -- ~ - - ---"--- (b) The Board Members shall remain seated until resignation or until removed by the City Council. Members of the Board serve at the pleasure of the City Council and may be removed by the City Council at any time. (c) The positions assigned and the number of members constituting the Board membership as set forth herein may be re reassigned and re-constituted by the City Council at any time without further amendment to this chapter. 2.32.030 SALARIES AND PERSONAL EXPENSES. The members of the Board shall receive no salaries or other remuneration for their services in such capacity, but shall be entitled to reimbursement of expenses incurred by them in the discharge of their official duties as may be authorized by city policy. 2.32.040 MEETINGS. The Board shall establish a regular meeting day and time for its board meetings. The Director of Parks and Recreation, or his or her designee, shall serve as Chair of the Board. A majority of the full membership shall constitute a quorum for conducting business. Any action to be taken by the Board shall require the concurrence of a simple majority of the members of the Board qualified to vote. 2.32.050 DUTIES AND RESPONSIBILITIES. The Board shall have the following duties and responsibilities: (a) Make recommendations to the Department of Parks and Recreation and the Parks and Recreation Commission regarding general policies, financial considerations and capital improvements relating to the services, operations and the facilities at the Gold Mountain Golf Complex; (b) Recommend fee structures to the City Council for approval; and (c) Submit reports to the City Council as requested by the Council regarding all activities of the Board; 2.32.060 RULES AND PROCEDURES. The Board may establish rules and procedures for conducting business. SECTION 2. Severability. If anyone 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 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005 PASSED by the City Council the day of ,2005 2 Gold Mountain Golf Complex Board of Directors 70 Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2005 EFFECTIVE the day of ,2005 ORDINANCE NO. R:\LEGAL\Ordinances\Parks\BMC 2.32 Gold Mountain Board of Directors. doc 3 Gold Mountain Golf Complex Board of Directors 'Or) DATE SUBMITTED: December 16, 2004 BILL # <")c'" 0....' c:) ,;. AGENDA BILL CITY OF BREMERTON 1~ CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing on Ordinance Committee Meeting Date: January 12,2005 amending BMC 9A.44 relating to pedestrian COUNCIL MEETING Date: January 19 & 26,2005 interference Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City is currently planning for a pedestrian friendly environment in its downtown area and anticipates increased pedestrian traffic as a result of downtown redevelopment efforts. The proposed ordinance provides regulations relating to pedestrian interference in order to provide a safe environment for both pedestrian and vehicular traffic. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: _" /- CITY ATTORNEY: \.. ~,,-,' FINANCE DIRECTOR: MAYOR: ~/ a) '~~ ~-" .,',.. ,I ~ FISCAL/BUDGET: /~.U'j:"c / CONSENT AGENDA D OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading which enacts regulations relating to pedestrian interference. 2. I move to pass Ordinance No. on second reading enacting regulations relating to pedestrian interference. COUNCIL ACTION: D Approve D Deny D Table D Continue o No Action ~1 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.44 entitled Public Disturbances to provide regulations relating to pedestrian interference. WHEREAS, the City is currently planning for a pedestrian friendly environment in its downtown area in conjunction with its downtown redevelopment efforts; and WHEREAS, the City anticipates increased pedestrian traffic as a result of this development; and WHEREAS, the City Council finds that a safe environment for both pedestrian and vehicular traffic is important for the residents and workers in downtown as well as other areas of the City; and WHEREAS, the current provisions of the Bremerton Municipal Code do not contain regulations relating to pedestrian interference; and WHEREAS, the City council finds it appropriate and necessary and in the health, safety and welfare of the citizens of the City to enact regulations relating to pedestrian interference; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A.44 of the Bremerton Municipal Code entitled "Public Disturbances" is hereby amended by adding the following section, Section 9A.44.100 entitled "Pedestrian Interference" to read as follows: 9A.44.100 PEDESTRIAN INTERFERENCE (a) The following definitions apply in this section: (1) Aggressively beg means to beg with the intent to intimidate another person into giving money or goods. (2) Intimidate means to engage in conduct which would make a reasonable person fearful or feel compelled. (3) Beg means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (4) Obstruct pedestrian or vehicular traffic means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code shall not constitute obstruction of pedestrian or vehicular traffic. 1 Pedestrian Interference R? (5) Public place means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (c) Pedestrian interference is a misdemeanor. SECTION 2. Severability. If anyone or more sections, subsections, or sentences ofthis 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 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2005 PASSED by the City Council the day of ,2005 Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2005 EFFECTIVE the day of ,2005 ORDINANCE NO. R:\LEGAL \Ordinances\Police\Pedestrian Interference.doc 2 Pedestrian Interference Q~ DATE SUBMITTED: January 3,2005 BILL # C5 r [;+~ ",/, . i( ,._ AGENDA BILL CITY OF BREMERTON 11) CITY COUNCIL ........................................................................................ SUBJECT: Public hearing on Resolution Committee Meeting Date: January 12,2005 adopting new Rules and Procedures for the COUNCIL MEETING Date: January 19,2005 City Council to conduct its business Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The proposed resolution amends and updates the Rules and Procedures for the City Council by repealing the current Rules and Procedures adopted pursuant to Resolution No. 2926 and adopting new Rules and Procedures for the City Council to follow in conducting its business. ATTACHMENTS: 1. Proposed Resolution with new Rules 2. Redlined 2004 Rules FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: ..<<".... ~-~..,. ." CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: /j'l__l&?'-~/ FISCALIBUDGET: -./~ /'. ~. 0'2-- j" ~ CONSENT AGENDA D h.-t..m. . ( . If OPERATIONS: !~i~~ COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Resolution No. a eUS I , adopting new Rules and Procedures for the City Council. COUNCIL ACTION: 0 Approve D Deny o Table D Continue D No Action 011 RESOLUTION NO. ~J95(. A RESOLUTION of the City Council of the City of Bremerton, Washington, repealing Resolution No. 2926 and adopting new Rules and Procedures for the City Council to conduct its business. WHEREAS, the City Council adopted Resolution No. 2926 on June 2, 2004, which adopted Rules and Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to update the Rules and Procedures for the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 2926 is hereby repealed in its entirety. SECTION 2. The Bremerton City Council Rules and Procedures attached hereto as Exhibit A are hereby adopted and shall become effective upon passage of this resolution. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this - day of ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\City Council\Council Rules and Procedures2005A.doc I Council Rules and Procedures 01: Bremerton City Council Rules & Procedures Rules & Procedures Page I Resolution No. .2.151 QI=; CONTENTS RULE 1 - MEETINGS 3 RULE 2 - PRESIDING OFFICER - DUTIES 4 RULE 3 - COUNCIL MEMBERS 5 RULE 4 - AGENDA CONTROL 6 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS 6 RULE 6 - DEBATES 7 RULE 7 - PARLIAMENTARY PROCEDURE 8 RULE 8 - ORDINANCES - RESOLUTIONS 8 RULE 9 - MISCELLANEOUS 8 RULE 10 - COUNCIL EXPENSE REIMBURSEMENT 10 RULE 11 - QUASI-JUDICIAL HEARINGS 10 RULE 12 - CLOSED RECORD HEARINGS 11 Rules & Procedures Page 2 Resolution No. J..fi1 0'7 RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in accordance with Rule 5, in the Council Chamber and/or Council conference room, Bremerton City Hall, Bremerton, Washington, except as follows: (a) There shall be no regular meeting of the City Council during the week of Thanksgiving. (b) If at any time any regular meeting of the City Council falls on a legal holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. l. Upon a motion, and majority vote, the Council may recess from a meeting to a certain time and place set forth in the motion. 11. Meetings may be relocated to accommodate special needs or circumstances. 2. Special Meetings: Special meetings or any change in the time or location of a regular meeting shall be called by the Council President, or a majority of the members ofthe City Council, by delivering personally or by mail, e-mail, or fax, written notice to each member ofthe Council; and to each local newspaper of general circulation and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least twenty- four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings. Written notice may be dispensed with: (a) If a member, prior to the convening ofthe meeting, files waiver of notice with the City Clerk, either written, bye-mail, or by FAX; (b) If a member is actually present at the time the meeting convenes; or (c) If the special meeting is called to deal with an emergency involving injury or damage to persons or property, or the likelihood of such, where these requirements would increase the likelihood of such injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: Rules & Procedures Page 3 Resolution No. a1S1 RR (a) consideration of acquisition or sale of real property if public knowledge would adversely affect the price; (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; (d) evaluate the performance of an employee or qualifications of an applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; (e) to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs; and (f) to evaluate the qualifications of a candidate for appointment to elective office. See RCW 42.30.110 for complete itemization of executive session topics. Before convening in Executive session, the presiding officer shall announce the purpose of the session and the anticipated length of such session, and whether further action is anticipated. Should the session require more time, a public announcement shall be made that the session will be extended. The Council will return to Council Chambers, as applicable, for Adjournment of the meeting. Confidential discussions during Executive sessions shall not be disclosed by any Council member or City official in attendance to any person unless confidentiality is waived by a majority of the Council. Violation of confidentiality may result in a censure motion by the Council during a regular meeting. RULE 2 - PRESIDING OFFICER - DUTIES 1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the President of the Council, or in the absence of the President, the Vice President of the Council, who shall conduct the business and deliberations of the Council under these rules. Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. Ifboth the President and Vice President are absent and a quorum is present, the Chair ofthe Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: (a) Preserve order and decorum in the Council Chamber at all times; (b) Observe and enforce all rules adopted by the Council for its government; (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; and (d) Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; Rules & Procedures Page 4 Resolution No.~ QQ ( (e) The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Warrant Register: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. 3. Council Committees: The Council President shall make all committee assignments, as well as Intergovernmental Representative assignments, subject to majority approval ofthe full Council. To the degree possible, assignments will be consistent with special skills, interests and time constraints. Assignments will be made to the following: (a) Standing Committees: I. Legislative Review Committee consisting of the full council membership, with the Council President as chair, to serve each week as a regularly scheduled committee meeting immediately following the Limited Agenda Council Meeting in the council conference room, or other times and locations as designated, to hear matters to be placed on the regular council meeting agendas and other council business. 11. Fiscal & Budget Committee to serve as directed by the Council President, 11I. Operations Committee to serve as directed by the Council President, IV. Audit Committee per the City Charter and Chapter 2.18 BMC, v. Lodging Tax Advisory Committee per Chapter 67.28 RCW and Chapter 3.64 BMC. The above listed standing committees may be restructured or reorganized as authorized and approved by the City Council without formal amendment ofthese rules and procedures. (b) Svecial and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President and approved by the City Council. (c) Intergovernmental Committees, Commissions and Boards - Kitsap Regional Coordinating Council of Governments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member will be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. Rules & Procedures Page 5 Resolution No. .l~51 QGl 3. V oting: A vote on any matter shall be taken by roll call and any member may abstain from voting. 4. Questioning: Any member of the Council, including the Council President, shall have the right to question any individual, or staff member, on matters germane to the issue before the Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual being questioned. 5. Information Requests: A Council member may seek clarification or additional information before voting on an issue. If such request delays consideration to another date, approval of a majority of the Council is required. RULE4-AGENDACONTROL 1. Agenda Control: Consideration of any subject, matter, or communication by the Council may be initiated by the Mayor or any Council Member. All written materials supplementing an agenda bill should be filed with the Council Legislative Assistant and presented to Council Committees. The Council President may reject any agenda item not complying with this procedure. 2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a council committee or the City Council at a study session. 3. Removing Items: At the pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Council Meeting: The Full Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5 :30 p.m. or at such other day and time as designated by ordinance. The Full Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: (a) Call to Order -Pledge of Allegiance - Invocation (b) Mayors Report (c) Public Service Announcements (d) Consent Agenda (e) Public Hearings (f) Other Business (g) Public Recognition. Rules & Procedures Page 6 Resolution No. d1S1 Q1 (h) Committee and Council Member Reports (i) Adjournment. 2. Limited Agenda Council Meeting: The Limited Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the second, fourth and fifth (as applicable) Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. The Limited Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: (a) Call to Order -Pledge of Allegiance - Invocation (b) Public Service Announcements (c) Consent Agenda (d) Other business as authorized by the Council President. (e) Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. 5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above. 6. Regular Council Meetings Televised: The Full and Limited Agenda Council meetings shall be televised unless otherwise directed by Council. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, during comments, discussion or debate of any issue, shall address their comments to the Council President with courtesy and proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations toward any member of the Council, Staff and Public, but shall be confined to facts that are germane and relevant to the issue. 3. Transgression: Upon transgression of these rules, the Council President shall call such person to order, in which case that person shall be silent except to continue in order. If the Council President transgresses these rules, or fails to call a transgressor to order, any other member of the Council may, under a point of order, call the transgressor to order. 4. Challenge to Ruling: Any member of the Council shall have the right to challenge any action or ruling of the Council President, or member, as the case may be, in which case the Rules & Procedures Page 7 Resolution No. ~ ~S I Qo") decision of the majority of the members of the Council present, including the Council President, shall govern. RULE7-PARLIAMENTARYPROCEDURE Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules. RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote ofa majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. 2. Submittal: No ordinance shall be submitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings unless otherwise directed by the Council. RULE 9 - MISCELLANEOUS 1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the Agenda for each session of the Council in regular order in accordance with these rules, which order shall not be departed from, except as provided in these rules. Such Agenda shall include all resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no items deleted from the Agenda except as provided in Rule 4 of these rules. 2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda item at the time the item is discussed and prior to a vote by the Council, except for Consent Calendar agenda items unless removed from the Consent Calendar. Such remarks must be confined to those that are germane and relevant to the item being discussed and shall be subject Rules & Procedures Page 8 Resolution No. ~ Q'J to a time limit. If numerous speakers are addressing the issue, the Council President may further restrict speaker time~ Written comments shall, to all intents and purposes, be considered the same as oral comments. 3. Public Recognition: Any member of the public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. Those questions from the public posed to the Council that cannot be answered at the Council meeting must be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition. 4. Ballot Issues: During the election period, beginning the last week in July or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception of fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to make such complaints shall be instructed that the same should be first processed and handled through the Mayor's office. Then, ifthe citizen feels appropriate action has not been taken, it shall be proper for the complaint to be communicated in writing to the members of the Council. Complaints against a Council Member shall be submitted to the Council President. If the complaint is against the Council President, the complaint shall be submitted to the Vice- President. Acceptance by the Council of a written complaint shall not, however, give rise to public discussion thereon. The City Attorney should be consulted regarding confidentiality, rights to privacy and other legal concerns. 7. Amendments to Rules & Procedures: Amendments to these rules shall be made by resolution of the Council. 8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all business meetings of the City Council and maintain a permanent journal of its proceedings. All votes shall be recorded by calling the names of each member on a positional rotation basis with Council President's vote called last. 9. Maintain Record: All ofthe regular and special meetings of the City Council and each and every part thereof shall be recorded electronically. These records shall be maintained for a Rules & Procedures Page 9 Resolution No. a151 011 period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will be available at cost. 12. Non-Compliance with rules and Waiver: Failure of a Council Member to promptly challenge the non-compliance of Council proceedings with any rule or procedure herein shall constitute a waiver and such non-compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the prior approval of the majority of the Council. All Council member expenses shall be subject to approval by the Council President. RULE 11 - QUASI-JUDICIAL HEARINGS 1. Quasi-Judicial Body: In hearing matters requiring application oflaw and determination of facts which predominantly affect particular parties rather than the public generally or a class or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance with Rule 11 and 12. (a) Council President convenes hearing. (b) Item is introduced by City Clerk. (c) Council President inquires: 1. "All Council members should now give consideration as to whether they have: 1.) a demonstrated bias or prejudice for or against any party to the proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council member should answer in the affirmative, then the Council member should state the reason for their answer at this time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists." 11. "If any member of the public believes any Council member should Rules & Procedures Page 10 Resolution No. ~ m:; excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now." (d) Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. (e*) Council President designates the length of argument to afford a fair hearing of the issues. Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. (f*) Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Council President when such questioning may be a lawful requirement of the hearing. (g*) President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. (h) A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. (i) No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure: (a) Closed record hearings on a land use applications shall be conducted in accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff will announce that the decision will be based on materials received in evidence at the previous open record hearing of the Administrative Hearing Examiner or other applicable commission or board; minutes of the prior hearing; and the recommendation or decision from the open record hearing. (b) The Council may consider the following limited evidence not set forth in the record: 1. The Council may take official notice of information such as any law, ordinance, resolution, rule or other fact generally known and verifiable from reliable sources. 11. Council members may view the area in dispute, but shall note the time, manner and circumstances of such view on the record. 111. Council deliberates and may ask questions ofthe staff. IV. A motion incorporating the decision is made. The Council may accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its application of code criteria and appropriate findings. Dated this day of ,2005. DAREN NYGREN, City Council President R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-200S Exhibit AI.doc Rules & Procedures Page 11 Resolution No.1..1!! nc Brernerton City Council Rules & Procedures Rules & Procedures Page 1 Resolution No. ~ 0'7 -- CONTENTS RULE 1 - MEETINGS................. ..... ..... .......... ........... ......... .......... ........ ........... ......... ........... ........ 3 RULE 2 - PRESIDING OFFICER - DUTIES............................................................................ 4 RULE 3 - COUNCIL MEMBERS........ .................... .......... ........ ............. ........ .......... ........... ....... 6 RULE 4 - AGENDA CONTROL............. ................ ..................... .......... .......... ........................... 6 RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ............................... 6 RULE 6 DEBATES /4iQiIilJ;t"4' 8 - ... ....... ...... ..... ............. .... . ......... .. ...... .. . ...... . . . .,f/i':-"'~. .T~if\~.......... .... .. . ....... ... . ..... .. fJ"~ik '~"t RULE 7 - PARLIAMENTARY PROCEDURE...............~I?~...>~:,~~I......,................................ 8 ,Ji' .:~ ''4t01~iiif RULE 8 - ORDINANCES - RESOLUTIONS ..........".:...~~f~l~.t:..:~...,~.!:..................................... 8 f""",''9Iti /i# '<" "ihh' "'4sr:h -'-%;'wth~~C RULE 9 - MISCELLANEOUS............. .......... ...~lrlifi?~$n.,..,.:~..... )?~............................. ........... ....... 9 >.d';, "'Iq*t~>~'.:.0'i#/.gkj!A"JL RULE 10 - COUNCIL EXPENSE REIl\fBURS~~........................................................ 11 ,%1~' "'\4~tJr>~_,. ,'~ sy" RULE 11- QUASI-JUDICIAL HEA~\~S.....\,.:~~~............................................................. 11 .,ptfJil'iiGit4.:w.t". '(j".~:!i;t:d#P" RULE 12 - CLOSED RECORl1\BEARWGS~:................................... ..................................... 12 (fJk;,"l," " .., ~~ EXECUTIVE TELEPH.Q~E l1lR',p' RY ............. ......................... ............................... .......... 'i'iW(!Iii~ '(41t~ "- ,) /Jf ,;W;A/iWA . "dW'7 .., "1 /HiIii/. /i\j.ftt. . .,.' 4i,<=;~?'; ,;. Rules & Procedures Page 2 Resolution No.lli] q~ RULE 1 - MEETINGS 1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at 5:30 p.m. in accordance with Rule 5, in the Council Chamber and/or Council conference room, Bremerton City Hall, Bremerton, Washington':", except as follows: Meetings may be relocated to accommodate special needs or circumstances. If the regular meeting falls on a holiday, the regullK meeting shall be held on thc next business day pursuant to RC\V 42.30.070. (a) There shall be no regular meeting of the City Council during the week of Thanksgiving. (b) If at any time any regular meeting of the City Council falls on a legal holiday; then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business day. 1. Upon a motion, and majority vote, the Council may recess from a meeting to a certain ti~e and place ,set forth in the motion',,ff"wZw&u,,r. . 11. MeetIngs may be relocated to acc;ommodate;;~pecIal needs or 1i," '. circumstances. iititk0,\tlt;" ti' A!]('~' <~\!bi;l 2. Special Meetings: Special meetings or any ch<Y(~e^'iit\~~~' t11ri~ eft location of a regular meeting shall be called by the Council President, or a ma}~,[ity<1'41~t~embers of the City Council, by delivering personally or by mail, e-ll}a'Q!I.0'~ii;~rttevn notice to each member of the Council; and to each local newspaper of gene~~~ircul,tioii"~nCl to each local radio or television station which has on file with the City awritten f~~esftt\#l>e notified of such special meeting or of all special meetings. The notice mus~";~ delivere'Cl;l',~fsonally or by mail fax or e-mail at least twenty-fo~r hours. before the time of,~~m~. ~~lt~ng a~st1ecified in th~ notice. The call and n~tice shall speCIfy the tIme and place of#~eis~11~~al\~~~i ng and the bUSIness to be transacted. FInal disposition shall not be taken Ol)l4Jy other~wattef at such meetings. Written notice may be d' d' h dk '~;\h. !iW Ispense WIt : .AI'" i',>;4~liik. gf /p7.. ')7'1&, r&::? (a) If ~~mbiiir, prl~I;6 the convening ofthe meeting, files waiver of notice with the City Clerk, eit~er Wij~~',"b~\erinail, or by FAX; (b)~fl;,mem"i,i'actuallY present at the time the meeting convenes; or (c)? %\l[ ~~iir meeti~g i~ called to deal with an emerge~cy involving injury or damage to persons O't"op .. , or the lIkelIhood of such, where these reqUIrements would increase the likelihood o;rch injury or damage. (RCW 42.30.080) 3. Quorum: Five Council Members shall constitute a quorum for the transaction of business, and in the absence of a quorum the members present may adjourn the meeting to a later date. 4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with the Open Public Meetings Act (RCW 42.30). 5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW 42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter 2.96 BMC. Rules & Procedures Page 3 Resolution No. ~ QQ 6. Executive Sessions: The Council may hold Executive Sessions during a regular or special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is hereafter amended including: (a) consideration of acquisition or sale of real property if public knowledge would adversely affect the price; (b) discussion with legal counsel of City enforcement actions or potential or pending litigation in which the City is, or is likely to become, a party; (c) to receive and evaluate complaints against a public employee, unless the employee requests the consideration to be held in an open meeting; (d) evaluate the performance of an employee or qualifications ofan applicant for City employment, so long as the final decision to hire and terms of employment, and decisions to terminate or discipline, are taken in an open meeting; . (e) to :eview negoti.ation~ on the performanc~4~'''I_iy.bid contracts when pubhc knowledge regardmg such conslde~atlOn. would cause ~ Ul(\~hood O'tmcreased cost~; and (f) to evaluate the quahficatlOns of a can.5Jitiate~tappqlhtment to electIve ffi !if"'" ~tb"l o Ice. ,4&i1h\fj\'I\\2f/' ,.,_r - "':~wt{&_ _ _,6tJ""'.,,\ ")P cll,."';#'w; t See RCW 42.30.110 for complete itemization of exec~~rv.~t,~e~"~;lpics. Before convening in Executive session, the p,~~: announce the purpose of the session and the anticipated length of such sessiOIt~~d wq,~ther further action is anticipated. Should the session require more time, ai~blic anno~~~ment shall be made that the session will be extended. The Council will return to' C\l1;Jlcil C\~bers, as applicable, for Adjournment of the meeting. Confidential discuss~!~rtS15_irg~*~~ive sessions shall not be disclosed by any Council member or City officialr4it.attend!t\ye teWany person unless confidentiality is waived by a '%"""'+" ",,:d majori~y of ~he Council. Vi~}a~~n'~'.it~nfi"entiality may result in a censure motion by the CouncIl dunng a regular !lllftmS,tt, '{~lwt$*' ;'''',,""'' , "iW $1tt!i~f;!!"\1'fJp\'4;~;)~; J' RULE 2 - PRESID4~Gllll!I~rR - DUTIES /t,_itV ~-'}if\~ 1. . Conduct of M~el,~: The presiding officer at. all meeting~ ofthe .Council will be th~ PresIdent of the CouncIl, or m the absence of the PreSIdent, the VIce PreSIdent of the CouncIl, who shall conduct the business and deliberations of the Council under these rules. Reference herein to Council President shall also apply to the Council Member acting in the Council President's place as presiding officer. The President/mayor pro tempore and Vice President shall be elected by a majority of the Council Members at the start of the first meeting of each year, or at such time as necessary due to a vacancy. rfboth the President and Vice President are absent and a quorum is present, the Chair ofthe Fiscal and Budget Committee shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the Operations Committee shall act as presiding officer. The Council President shall: (a) Preserve order and decorum in the Council Chamber at all times; Rules & Procedures Page 4 Resolution No, .am 1lillil (b) Observe and enforce all rules adopted by the Council for its government; (c) Decide all questions on order, in accordance with these rules, subject to a challenge as provided in Rule 6 Subsection 4., below; and (d) Recognize members of the Council in the order in which they request the floor. No member shall be recognized and given the floor to speak on the same matter more than once until all other members of the Council have had an opportunity to be recognized and be heard; (e) The presiding officer, as a member of the Council, shall have only those rights, and shall be governed in all matters and issues by the same rules and restrictions as other Council Members. 2. Warrant Register: The Council President shall be assigned the responsibility for signing off on the Warrant Register, following Council approval. /&f;1fulJ'lt"1ii *'V.h "p --i~.,\ _~::_" "~~; Q -~~ .~ 3. Council Committees: The Council President shall ~ake ~itl~mmJtee assignments, as well as Intergovernmental Representative assignments, s~~~ct t)i""m~~~f approval of the full Council. To the degree possible, assignments will be c)}Psist~,(:WithJiPecial skills, interests and time constraints. Assignments will be made to the follo~l~~: "i('~;Jl" ( ) S d' C' 1;:11 .. '~)j> a tan In!? ommzttees: ....,.. /.i,*'~r#ll.'ih''/T'1fu1 r .ff '&~" ,"Ut'4Jt~f ,~ i. Legislative Revie~ Co~ittee"cbnsisting of the full council membership, with the Council President as chaii;~_~4serv\~ach week as a regularly scheduled committee meeting immedi.ately follo",:,i~ihthe Liml~"j(genda Council Meeting in the council conference room, or other tImes and 10cafi~;I!,S as d~lgnated, to hear matters to be placed on the regular council meetin~ agenda~ "di}(l"'~i~5'",~i),tu~iness.. . 11. FlS~iJ & BJ(fget ,lrommlttee to serve as dIrected by the CouncIl P , d ,~ii,*l" 1'1 reSI ent,;J . 'fu1f1k, f/ . iii.,s,' O~~~atl'5~$A€ommittee to serve as directed by the Council Presldent'Ztl~fut?' \ , , ,."wit"', ')\'g!~;lf~mmittee per the City Charter and Chapter 2.18 BMC, 't'4'ira*jf,,!:,?Q~ing Tax Advisory Committee per Chapter 67.28 RCWand Chapter 3.64 BMC. "1I1~;'>f1k'-;),;l,iSW f/ Cl~%J;pfr The above listed standing~ommittees may be restructured or reorganized as authorized and approved by the City Council without formal amendment of these rules and procedures. (b) Special and Ad Hoc Committees - May be established for a specific purpose or a specific time frame to serve as authorized by the Council President and approved by the City Council. (c) Inter!?overnmental Committees, Commissions and Boards - Kitsap Regional Coordinating Council of Governments and others as appointed and approved. 4. Council Liaison to City Departments: Each council member will be assigned by the Council President to one or more city departments to serve as a liaison between the city council and the departments. The council members will perform this function as directed by the Council President. Rules & Procedures Page 5 Resolution No,l12l 101 RULE 3 - COUNCIL MEMBERS 1. Comments: Council members shall address all comments to the Council President, except when a member moves to adopt a resolution, or when a member seconds a motion. 2. Leaving Place: No member shall leave his or her place while a question is being put or a count is being taken. 3~ Voting: A vote on any mattershall be taken by roll call and any member may abstain from voting. 4. . Question~g: An~ ~e~ber of the Council, including the~()'tin'li\~resid~nt, shall have the nght to questIOn any IndIVIdual, or staff member, on matterS1a\.rmane"" the Issue before the Council. Such questioning shall not be conducted so as to ri.$1itule ~,,~enig)\te the individual b ' 'd<,d? ^dtit'" emg questIOne . , /tf", , )6 ..' ~gik'JP j/' "wzq~ ':, "~' _.! ':!;:''> ~_ -,~ 5. Information Requests: A Council member m~~'~;~~~~,ti~t~on or additional information befo:e ~oting on an iss~e.. If suc~ r:9:lf~~l<i~l'~j<~riJrderation to another date, approval of a maJonty of the CouncIl IS requn,;e", 14;,*"* A1fi1!i'_~;~)*A RULE 4 _ AGENDA CONTROL ?#i\j'",\ )t' ,~1)&"I"t't.'q1'1'~1Aw;$' 1. ~~e.nda Control: Considf'~tion d\ny)Sii'bject, matter~ or comm~nication by the .Council may be InItiated by the MaY9,ttl! a~oul\~11 Member. All wntten matenals supplementmg an agenda bill should be file~iithlie C'8~ti Legislative Assistant and presented to Council Committees. The Council P'~i,<1er'1t t\ay'reject any agenda item not complying with this d A\!Wt.~ 'liiilh>>3Y proce ure. "-"'''t" v'\"F\4I!~ ti ~ ~( Jj'V /,o"!:/tl:.;::::,:_,_ .::."::<::.:::_,,,.::. '__", ,y9 2. Committee o;_;~~sion Review: Each Agenda Bill item shall be presented to a council committee or th;1I~ Council at a study session. 3. Removing Items: At the pre-council meeting, any item may be removed from the agenda for any reason upon the request of any Council Member. However, two Council Members may demand the item be reinstated to the agenda. The item shall be brought before the Council as regular business on the agenda and only tabled, continued or rejected by majority vote. RULE 5 - REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS 1. Full Agenda Council Meeting: The Full Agenda Council Meeting shall meet in the designated council chambers, unless a different location is so designated, on the first and third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by ordinance. Rules & Procedures Page 6 Resolution No,llit- 1lil? The Full Agenda Council Meeting shall consist of the following items with the sequence to be determined by the Council President: (a) Call to Order (Flag Salute -Pledge of Allegiance and -Invocationt (b) Mayors Report (c) Public Service Announcements (d) Consent Agenda (ineh:lding check register) (e) Public Hearings (f) Other Business Mayor's Report (g) Public Recognition. ~rM_f'tjJi" (h) Committee and Council Member Report~4lI1!ii,\l. Final Reading of Ordinanees and V ot.9,ther~i$!f ap'icnble. ~n::::~~~::~~~cs)Y PublIc Heanngs and f...ppews. '4!z't.,'*:f'i .dt' .. ___-~:_--"__, _.,-__. __.","144,,- _ \;i~,~r (1) Adjournment. ,.d4jW._m.%fi'~, i .-;p" '%\ "- ':':'~M" +tt/dW'\ t _ -'11:"'_ . _ __ ""''';4~;F:4 ""I' ," '" , 2. Limited Agenda Council Meeting: Th~iri~J\genda Council Meeting shall meet in the designated council c.hambers, unles~,,~ifferen~m:'~t~ti6n is so designated, on the second, fourth and fifth (as applIcable) Wed~:~~ay,_teach~€lnth at 5:30 p.m. or at such other day and time a~ de~ignated. by ordinance.J)e@"~i\;;~ell{~;~~Gda Council M~eting .shall consist of the followmg Items WIth the sequen~j,to be a~~rrr\1ned by the CounCIl PreSIdent: pdiim, +j#4\~,lj ( a) Cal1i'~ Oti~r 1"\,,,, 'Vi> fca 1 r \1l~lm' e g~\o' Allegiance 46#l'11>'ll' '" .l"'>'~l' -~9~ hon (b }Al{0f~r~m~Ci~~arce Announcements (c) ~~S~f~genda FilpReading of Ordinances and Vote thereon. Introduction and First Reading of Ordinaflccs as authorized by Council President. (d) Other business as authorized by the Council President. (e) Adjournment 3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to Executive Session or recess at the prerogative of the Council President, unless overruled by Council majority. 4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be moved to the regular agenda, for which no second is required. Rules & Procedures Page 7 Resolution No. aru 103 5. Agenda Rearrangement: The Council President may rearrange..... or reformat change the sequence. or add to or remove items from the Agendas outlined in Rule 5(1) and (2) above. 6. Regular Council Meetings Televised: The Full and Limited Agenda Council meetings shall be televised unless otherwise directed by Council. RULE 6 - DEBATES 1. Interruption: No member, including the Council President, shall interrupt or argue with any other member while such member has the floor. 2. Courtesy: All speakers, including Council members, duringRe*6.ents, discussion or debate of any issue, shall address their comm~nts to the ~~un:i~~,,~identtith court~sy, and , proper deportment. Comments shall not contaIn personaht1~;#'Merog.~~~y r$~arks or InSInuations toward any member of the C~uncil, Staff and Public, bu!Al,\~1 ~~o~l1lt,tf to facts that are germane and relevant to the Issue. ,,4~k 9l'~i~)( IF F ',' "11\"/> 3. Transgression: Upon transgression of 1lJ~~il President shall call such person to order, in which case that person shal};.\~,~:silen.texceptto continue in order. If the Council President tra~sgresses these rul~~:~ or fair~j~'0~~r}&ttransgressor to order, any other member of the CouncIl may, under a po!Jl of order, lt~if e transgressor to order. ~. "~t{1tl~"'.. \ 1'$-"- 4. Challenge to Ruling: An~1im!'M\,i'I~~i~uncil shall have the right to challenge any action or ruling of the Council DF~~ident, ~lmeJtber, as the case may be, in which case the 8:'",t%'<.. ",::"" decision of the maj ority of~~e<<lneml\'i~ o~'he Council present, including the Council President, shall govern. ,fJi&., )l;t, '\)i.\!;.wp ~"()y . RULE7-PARL(A~E'J~~~~ROCEDURE O'i,jtl>4. Procedure Guide: ROb~"Rules of Order shall be used as a guide to govern the conduct of business of the City Council while in Legislative session. However, the Council President shall have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection 4 of these Rules, RULE 8 - ORDINANCES - RESOLUTIONS 1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall be conducted only in open public meetings unless otherwise provided by law. Such action shall be deemed approved by an affirmative vote ofa majority of those Council members present, unless otherwise provided by law. Any such action shall contain only a single subject matter and may not be amended to include a different subject. Rules & Procedures Page 8 Resolution No. d-.'i,:S-1 Hl4 2. Submittal: No ordinance shall be read on final passagesubmitted to the Council for consideration until approved as to form and legality by the City Attorney and copies have been furnished to Council Members and the City Clerk. No such ordinance shall contain any interlineations or marginal notes. 3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of the resolution. The full text of an ordinance or resolution under consideration by the Council will be provided to any member of the public upon request. 4. HeftriBgsReadin~ of Ordinances: Every ordinance shall have t'vVo pub lie hearings, unless othenvise providcd in the City Charter one reading except that, upon a request of a Council Member, an ordinance shall have two or more readings ~eJ"$~rwise directed by the Council. Amendments or revisions v/ithin the seope of the ordi~e ma~J;>e made during either ,,-,A "'&ill hearing without reintroduetion. ,^..t least one week shall ela~bcH~"p. th~\ntrod-uetion and the final passage of the. ordinance. If seeond reading is not ~,9'~ct9g, ,:/~1lt9ythe following tm-ee meetmgs, first readIng shall be rehcard. y4~" 'i';*_t,(' l~> ? _ ,J ::tklM," 'i\1;i~ ,q*,t!~,;;jill RULE 9 MISCELLANEOUS /)1"+*,'_.//$~h F A~'h,~'ii''k'"''''''''''iiFi*li\ 1. Agenda: By direction ofthe Council Pr~~i\i;~nt;"~4Legislative Assistant shall prepare the Agenda for each session of the Councili~~egul~ Or~fjn accordance with these rules,. which order shall not be departed from, exc~pt as#"f~vlde~ I' these rules. Such Agenda shall Include all resolutions, ordinances and matt~~~fI~,tel:ti_~;~ Council Member, or the Mayor, with no items deleted from the Agend~, e"'ll't as p~lviQea in Rule 4 of these rules. ,,""',\;14.., . 14 2. Public comment.~, A~~fd~\~~pf;: Any person has the right to speak on any Agenda item at the time the iterels '~@tlss"ed:~anfi prior to a vote by the Council, except for Consent Calendar agenda it~F~ess '~~#ve'd from the Cons~nt Cal~ndar.. Such remarks must be , confi~ed t? t~ose tIt~'f"r~.~e and relevant t? the It~m beIng dIscuss.ed an~ shall be subject to a tIme lImIt. If num~ ~fJeakers are addreSSIng the Issue, the CouncIl President may further restrict speaker time. Wii':~n comments shall, to all intents and purposes, be considered the same as oral comments. P 3. Public Recognition: Any member ofthe public shall have the right to address the Council and the Mayor on issues not on the Agenda. No member of the public shall engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale of products, or services; c) promotes any lottery or contest which offers prizes dependent in whole or in part upon lot or chance. Those questions from the public posed to the Council that cannot be answered at the Council meeting must be put in writing in order to receive a written response from the appropriate party or parties within a reasonable time. Letters addressed to City officials will not be read in Public Recognition unless an exception is granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is not permitted during Public Recognition, Rules & Procedures Page 9 Resolution No. l,51 11711i 4. Ballot Issues: During the election period, beginning the last week in July or from the time an individual announces candidacy, whichever comes first, through the November General Election, all announcements or advertising concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has qualified for the ballot. Meetings for political parties may be announced, with the exception offundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function expresses support or opposition for any candidate, political party, or issue. 5. Public Hearings: The Council President may allocate the time allotted to Public Hearing equally among the members of the public who wish to speak. 6. Complaints: Personal complaints, especially those of a derogatory nature against any official or employee of the City shall not be discussed at a Counc,~l;me;~. Citizens wishing to make such complaints shall be instructed that the same should b(jtijrst pr~~~ssed and handled through the Mayor's office. Then, if the citizen feels approp9ate a~_~~ot been taken, it shall be proper for the complaint to be communicated in )}{'j~ing'E~~ th\l'ff" bers of the Council. Complaints against a Council Member shall be submit!~~ to:;'lCou,piT President. Ifthe complaint is against the Council President, the compl~iri~&,p.alr:'~~\lt5mitted to the Vice- ~% - -,~}::;"",,:?, President. Acceptance by the Council of a writt~nI~.p.!:iii)~~halr not, however, give rise to public discussion thereon. The City Attorney"s~,uld~~(cOnstilled regarding confidentiality, rights to privacy and other legal concern:f \~'"tt;t),,,,, ~+Ui~l,,:_ -'f~;:r~;~ 7. .Amendments t~ Rules & Pr~~~dU:_R~: Anjntlments to these rules shall be made by resolutIOn ofthe CouncIl. ,.6tti\M~'1lill.> ?ji"Jt~,ji\P A[ .r~i~ -~,ti'? ,Wt,!, wl;* 8. The City Clerk: Th~/~ty$~);I{,~' otlCluly authorized representative, shall attend all business meetings of the 94~ C<)ijncill"/maintain a permanent journal of its proceedings. All votes shall be recorded~y ct!lt~th~a1nes of each member on a positional rotation basis with Council President' s~,alle(J1~vi ~J", ,f/ '~f;%~,\___4L{~,______;., "r": 9. Maintain Rec'5'ir~"~fthe regular and special meetings of the City Council and each and every part thereof shal'tine recorded electronically. These records shall be maintained for a period in conformance with Chapter 40.14 RCW. 10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare brief and concise minutes of all Council meetings and submit the same to the Council for approval. Such minutes shall contain an accurate resume of official Council actions, with reference to all matters before it. 11. Verbatim Transcript: No member of the Council, nor any member of the administrative staff ofthe City, shall be empowered or authorized to require the Legislative Assistant to insert in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim transcripts shall be made a part of the minutes only when authorized by a majority vote of the entire Council, made at the meeting wherein such Verbatim request is made. Copies of tapes will Rules & Procedures Page lO Resolution No. ~1Sl 106 be available at cost. 12. Non-Compliance with rules and Waiver: Failure of a Council Member to promptly challenge the non-compliance of Council proceedings with any rule or procedure herein shall constitute a waiver and such non-compliance shall not affect the outcome of any action taken by the Council unless such compliance is required by law. RULE 10 - COUNCIL EXPENSE REIMBURSEMENT Members of the City Council shall observe the Expense Reimbursement Claim Policies that have been established by ordinance or resolution. Reimbursement for travel by any member of the Council outside the State of Washington shall be made only with the approval of the majority of the Council. All Council member expenses shall be by the Council President. /d.:,fl;,"")flii RULE 11 - QUASI-JUDICIAL HEARINGS /~ 'iil\'",P, } '$;:i\ii 'iit AT j ''%x&. /Y 1. Quasi-Judicial Body: In hearing matter~/tl~~iiil~li3Ition of law and determination of facts which predominantly affect particular*~~ieS"'~theil1ian the public generally or a class or group, the Council sits as a Quasi-Judi~ial bo(fJtt~ Jb\v90nduct the hearing in accordance with Rule 11 and 12. 41(~ "':~ahJt' / (a) Council President~~enes \lemng. (b) Item is. int:,~~t!~I&{r;~t4~~i'erk. (c) CounCIl el!'l~~dent In~Ulr~: i. " j7;t6All'~~ncillJhembers should now give consideration as to whether they have: 1.) a ~~oml}l~te~~~,sJ or prejudice for or against any party to the proceedings; 2.) a dire~~,or Tl~tect nJ~rfetary interest in the outcome of the proceedings; 3.) a ?re~u~gment Ofth~(~.ri?r~~i~;lfing the. facts on the rec?rd; or ~.) ex parte co.ntact with any mdIVIdual, excludlIT ":::f~~~~~ati'Ve staff, WIth regard to an Issue pnor to the heanng. If any Council member shou1t("p.~"?in the affirmative, then the Council member should state the reason for their answer at'fs time so that the Chair may inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a Conflict ofInterest exists." 11. "If any member of the public believes any Council member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern, please state the reasons now." (d) Council President calls upon Administrative Staff to present the recommendation or decision of the Administrative Hearing Examiner, or other applicable commission or board, to provide a general background and to answer Council questions. (*e) Council President designates the length of argument to afford a fair hearing of the issues, Correspondence is read and testimony taken from proponents, then opponents and those neutral. Council may ask questions of those testifying. (*f) Limited questioning of opposing witnesses on technical matters by either side may be allowed in the discretion of the Council President. The City Attorney will advise the Rules & Procedures Page 11 Resolution No. &"S'l 107 Council President when such questioning may be a lawful requirement of the hearing. (*g) President closes the public testimony portion of the hearing. Council deliberates and may ask questions of the presenters. (h) A decision by motion is made. The Council may accept, reject or modify a recommendation or decision based upon its application of code criteria and appropriate findings. (i) No motion to rescind or reconsider the initial quasi-judicial decision may be brought by any Council member following close of the meeting. * Not applicable to closed record hearing. RULE 12 - CLOSED RECORD HEARINGS 1. Hearing Procedure:. ./l~A4,}" . (a) Closed record heanngs on a land use app)t~'!lOnS S~ll be conducted In accordance to this rule. The provisions of Rule 11 are appliS1Eible t~losed}'ecord hearings except as otherwise noted therein, After the appearance oji~im~i~ i;~ the President or staff will announce that the decision will be based on mateIji{Is r~lt~ed il}t e~idence at the previous open rec~rd hearing of ~e Adm.inistrative Hearin~,~xanf~~r oll>i~~r. applicable commission or boar?; mInutes of the pnor heanng; and the re~tp:l~~1ifll'~~~ "eClSlOn from the open record heanng. ,/"'%$t> ~l:" (b) The Council may c~nsider'l"\fo~hying limited evidence not set forth in the record: (il( "'1~ . i. The Cou;;i'~ay tak'l dfficial notice of information such as any law, ordinance, resolution, rule o~1i~~It~,;~tl'i~JSd'fiy known and verifiable from reliable sources .' ~,.,..". '\V;)I" . .} . , :~~> --r@:~ , . ii. 4l~ourtj\,:~e~.ers may view the area in dispute, but shall note the tIme, manner and clrc~~~~~e~Ji! su~';:ew on the record. , l~L, >~i$#~ndl, delIberates and may ask questIons of the staff. :i't')fl~. t%'.~,,~~~n incorporating the decision is made. The Council may accept, reject, or n111_j\~Ail~i;1;.~1Ptnistrative Hearing Examiner's recommendation based upon its application of code cn't\jf'mttJiappropriate findings. .".' F Dated this day of'" ,20_ DAREN NYGREN, City Council President R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-lOOS Exhibit Adoc Rules & Procedures Page l2 Resolution No, ~l 1lil~