HomeMy WebLinkAbout05/11/2022 STUDY SESSION AGENDA PACKET
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CITY COUNCIL 345 6Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, MAY 11, 2022
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM Via Zoom Webinar
Until further notice, the City Council is currently conducting all meetings via Zoom Webinar. The Study Session is open to
the public to listen in, but there will be no opportunities for input; the content of these items is subject to change; and no
action is anticipated. If approved by the Council, these items will be placed on the May 18, 2022City Council Meeting
Members of the publicare invited to join the Zoom webinar by clicking on the following link:
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Webinar ID: 865 7134 9521
Passcode: 209823
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A. BRIEFINGS ON AGENDA ITEMS
1.Confirm Reappointment of Harrington Griffin to the Lodging Tax Advisory Committee
2.Confirm Appointment of Max Sinitsa, CPA to the Audit Committee
3.Public Works Agreement with Petersen Brothers, Inc. for the Guardrail Installation along
Shore Drive at E 11th Street
4.Goods & Services Agreement with CED-Bremerton for the Purchase of Emergency
Generator for Lift Station EB-3
5.Proposed Public Hearing to Receive Public Comment on 2020 Census and Council
Redistricting
6.Resolution repealing Resolution No. 3344; and adopting updated Council Rules &
Procedures
B. GENERAL COUNCIL BUSINESS
o Public Safety Committee Briefing (Last meeting 5/5/2022)Chair Jennifer Chamberlin
o Process for Proposed Amendments to the City of Bremerton Charter City Attorney Kyle
Finnell
o Other General Council Business
C. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
A1
CITY COUNCIL
SUBJECT: Confirm Reappointment of Study Session Date: May 11, 2022
Harrington Griffin to the Lodging Tax
COUNCIL MEETING Date: May 18, 2022
Advisory Committee
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging
Tax Advisory Committee as follows: two (2) members from organizations that support activities which
are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that
collect the hotel-motel tax; and an elected official (Council Member).
The Mayor is seeking confirmation for the reappointment of Harrington Griffin, General Manager for
the Fairfield Inn & Suites to the Lodging Tax Advisory Committee.
The appointment of Mr. Griffin relates to a committee position for businesses that collect the hotel-
motel tax within Bremerton; and is for a term expiring on May 17, 2025.
ATTACHMENTS: Applications are
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm the reappointment of Harrington Griffin to the Lodging Tax Advisory Committee for
the remainder of the term expiring May 17, 2025.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
AGENDA BILL
A2
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Max Study Session Date: May 11, 2022
Sinitsa, CPA to the Audit Committee
COUNCIL MEETING Date: May 18, 2022
Department: Audit Committee
Presenter: Jeff Coughlin
Phone: (360) 473-5280
SUMMARY: The Certified Public Accountant (CPA) position on the Audit Committee is designated
by the City Council per Article III, Section 18 of the City Charter and Chapter 2.18 of the Bremerton
Municipal Code (BMC). It is recommended that Max Sinitsa, CPA be designated as a member for a
3-year term expiring May 17, 2025.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to confirm appointment of Max Sinitsa, CPA as a member of the Audit Committee for a term
expiring May 17, 2025.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
AGENDA BILL
CITY OF BREMERTON
A3
CITY COUNCIL
SUBJECT: Public Works Agreement with Study Session Date: May 11, 2022
Petersen Brothers, Inc. for the Guardrail COUNCIL MEETING Date: May 18, 2022
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Installation on Shore Drive at E. 11 Street
Department: Public Works & Utilities
Presenter: Dave Carter
Phone: (360) 473-5333
SUMMARY: Installation of approximately 275 ft of new guardrail at the divided segment of Shore
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Drive between E. 11 Street and E. 10 Street. Total Cost is $41,161.21 (not including WA State
Sales Tax).
ATTACHMENTS: 1) Public Works Agreement; 2) Bid Sheet; 3) Photo of location
FISCAL IMPACTS (Include Budgeted Amount): Project is funded as a City Safety Improvement in
the Transportation Capital Project Fund.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Public Works Agreement for the Shore Drive Guardrail Installation Project with
Petersen Brothers, Inc. in the amount of $41,161.21 plus any applicable sales tax; and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Petersen Brothers, Inc
is 2008 East Valley Highway Sumner WA 98390.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
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services for the City: Guardrail install along Shore Dr. at E 11St.
2. TIME OF COMPLETION. Contractor shall complete the work within 45
Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$41,161.21. Applicable Washington State Retail Sales Tax on the is contract shall be governed by
WAC 458-20-171 and its related rules for the work contemplated in this agreement. The City shall
pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance
of the work by the City, and the remainder upon fulfillment of the conditions listed below and
throughout this agreement.
A. No Performance Bond. Because this contract including applicable sales tax
is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in
lieu of providing the City a performance bond, has elected to have the City
retain the final ten percent (10%) of the Contract amount for a period of
thirty (30) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting
as an independent contractor and not as an employee of the City. The Contractor shall secure at its
expense and shall be responsible for all payments of income tax, social security, state disability
insurance compensation, unemployment compensation, and all other payroll deductions for the
Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all
applicable business licenses, if required, in connection with the contract services, including all
required licenses for Contractor's officers, agents, employees and sub- contractors.
5. TERMINATION. The City
events:
PUBLIC WORKS AGREEMENT Page 1 of 10
(between City of Bremerton and Peterson Brothers)
A.
skilled workers or proper materials for completion of the Contract work.
B.
this agreement.
C. -
contractors or for material or labor.
D.
regulations.
E. bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
7. CHANGES. The City may issue a written work change directive for any change in
the Contract work during the performance of this agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order request to
ntractor knew or should
have known of the facts and events giving rise to the requested change. If the City determines that
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the
change order work upon receiving a written work change directive or change order from the City.
If the Contractor fails to require a change order within the time allowed, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the contract
work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the
change order work; however, the Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
PUBLIC WORKS AGREEMENT Page 2 of 10
(between City of Bremerton and Peterson Brothers)
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a schedule
change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have access
eded for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. . In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered.
C. . The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall
constitute full payment and final settlement of all claims for contract time
and for direct, indirect and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and accepts
from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims for
protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
PUBLIC WORKS AGREEMENT Page 3 of 10
(between City of Bremerton and Peterson Brothers)
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived by
the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum,
7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time, the City may complete
the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, 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 injuries and damages caused by t
negligence.
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and vo
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
PUBLIC WORKS AGREEMENT Page 4 of 10
(between City of Bremerton and Peterson Brothers)
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or sub-contractors.
Before beginning the work on the project described in this agreement, the Contractor
shall provide a Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad from property damage; explosion,
collapse and underground (XCU) if applicable; and
C. Excess Liability insurance with limits not less than $1,000,000 per occurrence
and aggregate; and
D. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of
Washington and employer's liability with limits not less than $1,000,000.
.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor.
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, as respects work performed by or on behalf of the Contractor and
a copy of the endorsement naming the City as additional insured shall be attached to the Certificate
of Insurance.
separately to each insured against whom claim is made or suit is brought, except with respects to
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
-5161, or by
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certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6Street,
Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
PUBLIC WORKS AGREEMENT Page 5 of 10
(between City of Bremerton and Peterson Brothers)
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
12. MISCELLANEOUS.
A. Equal Employment Opportunity Statement. In the hiring of employees for
the performance of work under this Agreement, the Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
B. ADA Statement. The City of Bremerton does not discriminate on the basis
of disability in programs and activities, which it operates pursuant to the requirements of the
Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both
employment and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
C. Compliance with Laws. Contractor shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance of this agreement.
D. . Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and subcontractors in
the performance of this agreement. All work shall be done at Con
shall be responsible for any loss of or damage to materials, tools, or other articles used or held for
use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. . To the extent not inconsistent with RCW 39.04.240, in any
performance of this agreement, each party
to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be sent
PUBLIC WORKS AGREEMENT Page 6 of 10
(between City of Bremerton and Peterson Brothers)
to the parties at the addresses listed on the signature page of this agreement, unless otherwise
notified. Any written notice shall become effective upon delivery, but in any event three (3)
calendar days after the date of mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated on this agreement.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
K. Severability. If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of
the remaining portion of this agreement and the remainder shall remain in full force and effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative of
the City, and those statements shall not be construed as forming a part of or altering in any manner
this agreement. This agreement and any attached Exhibits contain the entire agreement between
the parties. Should any language in any Exhibit to this agreement conflict with any language
contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
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345 6Street, Suite 100
Bremerton, WA 98337
(360)
(360) (facsimile)
PUBLIC WORKS AGREEMENT Page 7 of 10
(between City of Bremerton and Peterson Brothers)
APPROVED AS TO FORM:
Kylie Finnell,
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Public Works Agreement (short form) Rev. 06 2020.DOC
PUBLIC WORKS AGREEMENT Page 8 of 10
(between City of Bremerton and Peterson Brothers)
PREVAILING WAGES
AGENDA BILL
A4
CITY OF BREMERTON
CITY COUNCIL
Updated
SUBJECT: Goods & Services Agreement Study Session Date: May 11, 2022
with CED-Bremerton for the Purchase of COUNCIL MEETING Date: May 18, 2022
Emergency Generator for Lift Station EB-3
Department: PW&U/WWTP
Presenter: Eric J. Burris
Phone: (360) 473-5448
SUMMARY: Lift station EB-3 is located in Manette and currently does not have a permanent
emergency generator. The location of the lift station makes it very difficult for staff to transport a
portable generator to the station in a reasonable amount of time during storm events. Staff received
two quotes for a stationary generator. The first quote was from Power Systems West for $42,904.68
including applicable sales tax. The second quote was from CED Bremerton in the amount of
$36,018.00 including applicable sales tax.
ATTACHMENTS: 1) Goods and Services Agreement Updated; 2) Quote #26863771 from Power
Systems West; 3) Quote #Q1014472 Revision #014 from CED Bremerton Updated
FISCAL IMPACTS (Include Budgeted Amount): Purchase was included in the 2022 Fund 451
budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION: Move to approve the Goods and Services Agreement with CED
Bremerton for the purchase of a generator in the amount of $36,018.00 including sales tax, and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
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AGENDA BILL
CITY OF BREMERTON
A5
CITY COUNCIL
SUBJECT: Study Session Date: May 11, 2022
Proposed Public Hearing to Receive Public COUNCIL MEETING Date: May 18, 2022
Comment on 2020 Census and Council
Department: IT/Financial Services
Redistricting
Presenter: Bill Eley/Dave
Sorensen
Phone: (360) 473-5472
SUMMARY:
census, City district boundaries are changed to reflect the current population with a view to provide
the public, as far as possible, with equal City Council representation.
To formalize the new district boundaries, the city must hold a public hearing on the proposed
boundaries and then adopt the related ordinance. This presentation will illustrate the new boundaries
and then hold the public hearing.
ATTACHMENTS:
Proposed District Maps and Public Hearing Presentation
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
For Public Comment Only
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
A6
CITY COUNCIL
SUBJECT: Study Session Date: May 11, 2022
Resolution repealing Resolution No. 3344; COUNCIL MEETING Date: May 18, 2022
and adopting updated Council Rules &
Department: Legal
Procedures
Presenter: Kylie Finnell
Phone: (360) 473-2335
SUMMARY:
on February 2, 2022.
The proposed Resolution repeals and replaces Resolution No. 3344 and will incorporate
changes to the Rules and Procedures.
ATTACHMENTS:
1. Resolution No. _____; and
2. Amended Bremerton City Council Rules & Procedures
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve Resolution No. repealing Resolution No. 3344; and adopting new Bremerton
City Council Rules & Procedures.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
Bremerton City Council
Rules & Procedures
Rules & Procedures
Page 1
Resolution No. 3344
CONTENTS
RULE 1 - MEETINGS ...................................................................................................................3
RULE 2 - PRESIDING OFFICER - DUTIES .............................................................................5
RULE 3 - COUNCIL MEMBERS ................................................................................................6
RULE 4 - AGENDA CONTROL ..................................................................................................7
RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS .................................7
RULE 6 - DEBATES .....................................................................................................................8
RULE 7 - PARLIAMENTARY PROCEDURE ..........................................................................9
RULE 8 - ORDINANCES - RESOLUTIONS .............................................................................9
RULE 9 - MISCELLANEOUS .....................................................................................................9
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT .........................................................11
RULE 11 QUASI-JUDICIAL HEARINGS ............................................................................11
RULE 12 - CLOSED RECORD HEARINGS ...........................................................................12
Rules & Procedures
Page 2
Resolution No. 3344
RULE 1 - MEETINGS
1. Regular Meetings: The City Council shall meet in accordance with Rule 5, 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.
i. Upon a motion, and majority vote, the Council may recess from a
meeting to a certain time and place set forth in the motion.
ii. 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 of the City
Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the
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 of the meeting, files waiver of notice
with the City Clerk, either written or by e-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: Four 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 (Code of Ethics).
Rules & Procedures
Page 3
Resolution No. 3344
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 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 the open meeting, 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.
7. Telephonic Remote Appearance: Council Members may appear remotely at a Council
Meeting via telephone under limited circumstances. Telephonic Remote appearances are for the
benefit of the City of Bremerton and not for the benefit of an individual Council Member.
Telephonic Remote appearances may occur as follows:
(a) remote
appearance at a Council Meeting via telephone when one or more of the following
circumstances exists:
i. Due to fire, flood, earthquake, or other emergency, there is a need
for action by a governing body to meet the emergency;
ii. A vote of the council of the whole is required for action; or
iii. A unanimous vote of the whole council is required for passage of a
measure; or
iv. On a case-by-case basis.
(b) In the event that subsection 7(a) of Rule 1 of the Bremerton City Council
Rules & Procedures
Page 4
Resolution No. 3344
Rules and Procedures has been satisfied and more than one Council Member is absent,
reasonable efforts shall be given to provide all absent members an opportunity to appear via
telephone remotely.
telephonic remote appearance unless satisfactory equipment is available. Satisfactory
equipment shall at a minimum, mean equipment that allows all participants and attendees to
hear each other simultaneously and allows the remote Council Members to participate to
the same extent as if they were present. any telephone equipped with a speakerphone
clearly and sufficiently enough to be heard by those in attendance at the meeting. The
telephone must allow the Council Member to take and answer questions as posed from time
to time. During any meeting that a Council Member is attending via telephone remotely,
the Council President or presiding Council Member shall state for the record that a
particular Council Member is attending via telephone remotely and the reasons for such
attendance.
(c) Council members appearing via telephone remotely may participate and
vote during the meeting as if they were physically present at the meeting.
(d) Council Members appearing via telephone remotely shall comply with all
rules and procedures as if they were physically present at the 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
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 the next Council Meeting following a vacancy. If
both the President and Vice President are absent and a quorum is present, the Chair of the
Finance, Investment & Parking Committee shall act as Presiding Officer. If the Chair of that
Committee is unavailable, the Chair of the Public Works Committee shall act as presiding
officer.
The Council President shall:
(a) Preserve order and decorum during meetings;
(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 except priority shall be given to Committee Chairs to which the item under discussion
originated. 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.
Rules & Procedures
Page 5
Resolution No. 3344
2. Check Register: The Council President shall be assigned the responsibility for
signing off on the Check Register, following Council approval.
3. Council Committees: The Council President shall make all committee assignments, as
well as Intergovernmental Representative assignments. 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. Committee of the Whole consisting of the full council
nd th
membership, with the Council President as chair, to serve the 2and 4Wednesday as a
regularly scheduled Study Session 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
ii. Finance, Investment & Parking Committee to serve as directed
by the Council President;
iii. Public Works Committee to serve as directed by the Council
President;
iv. Public Safety Committee to serve as directed by the Council
President;
v. Audit Committee per the City Charter and Chapter 2.18 BMC; and
vi. Lodging Tax Advisory Committee per Chapter 67.28 RCW and
Chapter 3.64 BMC.
\[correct page
break\]
Rules & Procedures
Page 6
Resolution No. 3344
The above listed standing committees 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.
(c) Intergovernmental Committees, Commissions, and Boards Established
committees i.e. Kitsap Regional Coordinating Council.
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 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.
RULE 4 - AGENDA CONTROL No Change
1. Agenda Control: Consideration of any subject, matter, or communication by the Council
may be initiated by the Mayor or any Council Member. It is recommended that Council
Members begin discussions early to present the subject idea, matter, or communication first at a
Committee if the topic is appropriate for a Committee on which the Council Member serves, or a
draft any written materials and an Agenda Bill to file with the City Clerk and Council Legislative
Office Manager using the established Agenda Bill Policy for scheduling the matter for Study
Session, and distribution of the Agenda Bill and any written materials to the other Council
Members. All written materials supplementing an agenda bill should be filed with the City Clerk
and presented to the Council Legislative Assistant for distribution to the Council Members. The
Council President may reject any agenda item not complying with this procedure. Upon
presentation, the Council as a whole may decline further consideration or request information
before further consideration.
2. Removing Items: At the Briefing, or at any time prior to the start of a meeting, any
Rules & Procedures
Page 7
Resolution No. 3344
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. Regular Business Meeting: A Council Briefing to discuss the Agenda and/or General
Council Business will may be held at 5:00 PM in the Council Conference Room, unless a
different location is so designated. Immediately following The Council Meeting shall meet in
the designated First Floor Meeting Chambers, unless a different location is so designated, on the
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first and third 1 and 3 Wednesday of each month at 5:30 PM or at such other day and time as
designated by ordinance. The Council Meeting shall consist of the following items with the
sequence and any other added items added or removed as determined by the Council President:
(a) Call to Order
-Pledge of Allegiance To be determined
-Invocation Remove
(b) Mayors Report
(c) Public Recognition Removed typo
(d) Consent Agenda
(e) Public Hearings
(f) General Business
(g) Council Member Reports
(h) Adjournment
2. Study Session: The Study Session shall meet in the designated Council Conference
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Room, unless a different location is so designated, on the second and fourth 2 and 4
Wednesday of each month at 5:00 PM or at such other day and time as designated by ordinance.
The Study Session shall consist of the following items with the sequence and any other added
items as determined by the Council President:
(a) Briefings on Agenda Items
(b) Other General Council Business as authorized by the Council President.
(c) 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 Regular Council meetings shall be televised
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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
decision of the majority of the members of the Council present, including the Council President,
shall govern.
RULE 7 - PARLIAMENTARY PROCEDURE
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 of a 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
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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 Office Manager or
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 will be provided an
opportunity to speak on any Agenda item at the time the item is discussed and prior to a vote by
the Council. Such remarks must be confined to those that are germane and relevant to the item
being discussed and shall be subject 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 has the right will be provided an
opportunity 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. It is suggested that questions from the public
posed to the Council that cannot be answered at the Council meeting should 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 on the deadline for elective office or
ballot issues, 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.
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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, if the 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
last.
9. Maintain Record: All of the 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
period in conformance with Chapter 40.14 RCW.
10. Prepare Minutes: Subsequent to each meeting, the Legislative Office Manager or
Assistant shall prepare brief and concise action 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
Office Manager or 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.
12. Non-Compliance with Rules and Waiver: Failure of a Council member to
challenge the non-compliance of Council proceedings with any rule or procedure herein,
prior to the vote or other action taken on the item under consideration, 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.
13. Council Comments: No Council Member may advertise or promote a private
business or enterprise during Council meetings except that Council Members may make
announcements to welcome a new business or announce special events regarding a private
business or enterprise.
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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 of law 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:
i.
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
ii.
excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another
concern, please state the reasons
(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
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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 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:
i. 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.
ii. Council Members may view the area in dispute, but shall note the
time, manner, and circumstance of such view on the record.
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iii. Council deliberates and may ask questions of the 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.
th
Dated this 4th 18 day of May 2022
MICHAEL GOODNOW
2022 City Council President
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