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HomeMy WebLinkAbout05/19/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MAY 19, 2004 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA - A. Minutes of Meeting - May 12, 2004 (#AB04-086) B. Claims & Check Register (#AB04-087) 4. MAYOR'S REPORT 5. NEW BUSINESS - There are no NEW BUSINESS items this week... 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Request by the Kitsap County Health District for an Amendment to the 2004 Community Development Block Grant (CDBG) Consolidated Plan (#AB04-088) B. Ordinance [First Reading] relating to Unauthorized Camping, Parking Restrictions in Public Rights-of-Way, and Enfomement of Parking Infractions (#AB04-089) 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSIONS A. 20-minutes to "CONSIDER THE MINIMUM PRICE OF REAL ESTATE" per RCW 42.30.110(1 )(c) (#AB04-090) B. 20-minutes to "REVIEW LABOR NEGOTIATIONS" per RCW 42.30.140(4)(b) (Information Only) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us DATE SUBMITTED: BILL # 0q~ AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A MAY 12, 200/4 COUNCIL MEETING Date: ~4A¥ 19, vnnt,' Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held ~qAY 12, 200/4. ATTACHMENTS: Minutes£or ~4AY 12, 200~4 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: F1NANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: ~.] Approve [] Deny ~ 'Fable ~ Continue [] No Act on TAPE #1948 CITY COUNCIL MEETING MINUTES Wednesday, May 12, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 12, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Dianne Robinson, Mike Shepherd, Wendy Priest, and Cecil McConnell. Council members absent were Brad Gehring, Will Maupin, and Carol Arends. Aisc present were Assistant City Attorney Brett Vinson; Deputy City Clerk Cherie Henry; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. President Nygren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; which included a 10-minute Executive Session to "Consider the Minimum Price for Real Estate" per RCW 42.30.110(1 )(c); 2. item 3E was removed from the "CONSENTAGENDA" and placed as Item 5B under "NEw BUSINESS"; and 3. The Bid Award amount on "CONSENTAGENDA" Item 3G was corrected to $683,532.09 due to an increase of 8.6% from 8.5% in the Washington State Sales Tax. CONSENT AGENDA A. Minutes of Meeting - April 14, 2004 (#AB04-077) B. Minutes of Meeting - April 21,2004 (#AB04-078) C. Minutes of Meeting - April 28, 2004 (#AB04-079) D. National Park Service Covenant and Restriction regarding new property additions to Kitsap Lake Park (#AB04-080) ~ Placed under New Business... F. Bid Award to H.D. FOWLER COMPANY for the Purchase of Ductile Iron Pipe (#AB04-082) G. Contract Award to NOVA CONTRACTING INC. for Tracyton Water System Phase It Project (#AB04-083) Bid Award was corrected to $683,532.09 to reflect 8.6% State sales tax... H. Check numbers 290180 through 290534 and EFT-8165 through EFT-8183 in the amount of $2,251,426.20 on the Master Check Register; Regular Payroll in the amount of $927,133.01 for the pay-period ending April 15, 2004; and Retiree Payroll in the amount of $148,738.17 for the pay period ending April 30, 2004 (#AB04-085) #0055 MISlCIU (PriestJMcConnell) Move to approve the Consent Agenda as presented. MAYOR'S REPORT - Mayor Bozeman... · Read a proclamation to declare Saturday, May 15, 2004 as "Peace Officers Memorial Day"; and the Week of May 10 - ~6, 2004 as "Police Week", which was accepted by Police Chief Rob Forbes, who invited members of the public to attend "Kitsap County Law Enforcement Officer's Memorial Ceremony" on Friday, May 14 beginning at 1:00 PM at Evergreen Park. · Read a proclamation to declare Saturday, May 22, 2004 as "H.M.S. WARSPITE Day" which was accepted by Bob Lamb, and other comrades and spouses. TAPE #1948 City Council Reg. Mtg. Minutes May 12, 2004 Page 2 of 4 · Read a proclamation to declare Friday, May 14, 2004 as "Poppies Day", which was accepted by a representative from American Legion Auxiliary Unit 68. · Displayed a current copy of NW Golf Ma,qazine, which featured the Gold Mountain Golf Complex in their cover story; and the City of Bremerton was mentioned in the May issue of Money Magazine as an "up and coming CitJ/'. · Was pleased to announce that a new toy will be installed at the 11 ~ & Warren Avenue neighborhood park, the fence will be pushed back, and the landscape area extended. · Met with officials from the Bremerton Marina and Port of Bremerton, and was assured they are moving ahead with plans to expand the Marina with a $12 million budget. · Received approx. 15 calls from businesses potentially interested in Bremedon after learning of the $40 million in tax incentives, which may be a record number! · Participated in a tour of the Medical-Dental Building located on Pacific. · Thanked Cris Larsen for providing an update on all the events planned for the 56th Annual Armed Forces Day activities, including a large BBQ meal provided free for all military personnel and their families. SA - INTERLOCAL AGREEMENT BETVVEEN KITSAP COUNTY~ CITY OF BAINBRIDGE ISLAND~ CITY OF BREMERTON~ CITY OF PORT ORCHARD, AND CITY OF POULSBO REGARDING THE ALLOCATION OF SHB 2060 SURCHARGE FUNDS TO VERY LOW- INCOME HOUSING PROJECTS (#AB04-084): Shirley Aird, CDBG Coordinator, reported that Senate House Bill (SHB) 2060 was passed by the Washington State Legislature in June 2002, and implemented a surcharge on document recording fees to be used for affordable housing in the state. Funds are distributed through the county(les) and are administered jointly by County and City governments. Eligible uses of funds, collection methods, allowed administrative costs, etc. were defined in SHB 2060, but responsibility for implementation of the law was delegated to local governments or coalitions. In Kitsap County, the Kitsap Regional Coordinating Council, with a technical advisory committee from the Continuum of Care Coalition, has taken the lead to develop a system for distribution of 2060 Funds throughout the County. This work has resulted in an interlocal agreement among the County and City governments which sets forth the purpose, administrative structure, fund availability, eligible participants, eligible projects, distribution methodology, as well as program review and monitoring. The parties involved need to sign on to the interlocal agreement in order to allow funds to be dispersed. There were no comments from the public. #0585 M/S/C/U (Robinson/McConnell) Move to approve the Interlocal Agreement between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard, and City of Poulsbo concerning allocation of SHB 2060 Surcharge Funds to very Iow-income housing projects in Kitsap County and its incorporated cities, and to authorize the Mayor to sign the agreement in substantially the same form as presented. 5B - PURCHASE OF POLLUTION LIABILITY INSURANCE FROM INDIAN HARBOR INSURANCE COMPANY (#AB04-08t): Pe~Qv Lesser, Risk Manager, stated that the City of Bremerton first purchased pollution liability insurance in May 2001 on a three-year policy form, and that this coverage ends on May 16, 2004. The cost of the recommended replacement coverage, with a $100,000 deductible, is approx. $55,470 for three years. There were no comments from the public 3 TAPE #1948 City Council Reg. Mtg. Minutes May 12, 2004 Page 3 of 4 #0645 MISICIU (McConnell/Short) Move to authorize the Risk Manager to purchase pollution liability insurance from Indian Harbor Insurance Company. 6A - ORDINANCE NO, 4896 [SECOND READING] VACATING A PORTION OF FIRST STREET LOCATED BETVVEEN MARION AND YANTIC AVENUES (#AR04-0?$): The first reading of this ordinance was heard April 28, 2004. Michael Mecham., City Engineer, was available to answer any questions, and noted that no citizen comments were received. There were no comments from the public. #0886 MISICIU (Shepherd/Short) Move to approve Ordinance No. 4896 on second reading. PUBLIC RECOGNITION Allen Shute took issue with a proposed ordinance regarding overnight camping. John Conti thanked the Council for allowing the addition of a public Disc Golf Course at NAD. Park. He encouraged the public to give it a try; and complimented the City of Bremerton parks and Parks & Recreation Department for all their efforts keeping City Parks beautiful and clean. Del Knause was concerned with the changes being proposed with the Council's meeting schedule. Daniel Rickabu.qh expressed his frustration at the potentially dangerous hazards caused by construction equipment around town, and the narrow sidewalks on the Manette Bridge. COUNCIL MEMBER REPORTS Mike Short congratulated the Police Department on the excellent job they are doing for the City; reported that tomorrow he will be attending a KRCC Planning Directors meeting to discuss the Countywide Planning Policies, and encouraged families to view the "Hydrofest" event sponsored by the Seattle Outboard Association on Kitsap Lake this weekend. Dianne Robinson reminded citizens to attend any of the number of activities scheduled this weekend for the 56~ Annual Armed Forces Festival. Mike Shepherd announced the next District 5 neighborhood meeting would be held next Thursday, May 20 beginning at 6:30 PM at the Memorial Lutheran Church located at 10~h & Veneta with Jim Spencer, Director of the Parks & Recreation Department; announced that a Rummage Sale would be held a the Memorial Lutheran Church with proceeds to benefit the American Cancer Society's "Relay for Life" this weekend from 10:00 AM to 2:00 PM both Friday, May 14 & Saturday, May 15; and invited the public to attend the Memorial Day Ceremony on Monday, May 31 at 1:00 PM at Evergreen Park to honor all veterans. Wendy Priest mentioned that she attended the Memorial Day Ceremony last year and found it to be a very moving event; and encouraged the public to attend the new "Made in Bremedon" shop located in the Amy Burnett Gallery. Cecil McConnell encouraged citizens to attend the 56~h Annual Armed Forces Day activities. TAPE #1948 City Council Reg. Mtg. Minutes May 12. 2004 Page 4 of 4 Darer~ Ny,qren thanked Jerry Reid from the Manette Masons for providing several hundred doorknockers for use by the Police Department and Neighborhood Block Watch programs; and welcomed members of the public to attend City Council meetings. With no further business, the meeting of the City Council was adjourned at: 6:18 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: CHERI HENRY, Deputy City Clerk DAREN NYGREN, City Council President City of Bremedon DNICHIIslcge DATE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COUNCIL MEETING Date: Department: Financial Services Presenter: Cathy Johnson 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 OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check #'s a~E) 5-'3 5'- through ,2/o075)0 and EFT's ~3/~ through a~ ~ 2¢329/~ ,,2. ~'0 W? in the amount orS 2) Regular Payroll for the pay period ending ~ -30'-0 ff in the amount of $6 I 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue []No Action DATE SUBMITTED: April 12, 2004 BILL AGENDA BILL SUBJECT: Public Hearing and Amendment Committee Meeting Date: May 11, 2004 to Community Development Block Grant COUNCIL MEETING Date: May 19, 2004 (CDBG) Consolidated Plan -- 2004 Action Department: Community Plan Development Presenter: Shirley AJrd Phone: 473-5211 SUMMARY: The Kitsap County Health District has requested an amendment to their 2004 CDBG funding of $114,000 as approved by City Council on October 8, 2003. The original application was to use funds to complete tenant improvements for clinic space in the Government Center. The requested amendment is for the funds to be used for acquisition of that space. The eligibility of the project will remain unchanged, as will the clientele served, and the ultimate result of the project will be the same. The Citizen Participation Plan of the Consolidated Plan requires thirty days' public notice (published in The Sun on April 15 and May 6) regarding substantial amendments to proposed projects, followed by action of the City Council at a public hearing. ATTACItMENTS: Amendment Request, Public Notice FISCAL IMPACTS (Include Budgeted Amount): /'tv0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ,'~~~ --- ~ ,/ , MAYOR: ~._~ t~;Ik~ · FISCAL/BUDGET: , ~...t._~- - OPERATIONS: i) ¢-~--k.~q~. ~.~ ~ I RECOMMENDED MOTION: Move to approve Kitsap Community Health District's request for amendment to their 2004 CDBG funding. COUNCIL ACTION: [] Approve [] Den>' [] Table [] Continue [] No Action BREMERTON, WA 98312-1805 (360) 337-5235 April 5, 2004 Ms. Shirley A/rd / City of Bremerton / Department of Community Development 286 4t~ Street Bremerton, WA 98337 RE: CDBG REVISION Dear Ms. Aird: The purpose of this letter is to summarize changes in our previously approved Bremerton CDBG grant funding application. Funding was requested to assist with acquisition of office space for our Community Health (CH) Division. Our application has been changed to note that the funding will be used for building acquisition purposes, not building construction purposes as was indicated previously. District Community Health offices are being relocated to the Regional Govermment Center in downtown Bremerton. The Kitsap County Consolidated Housing Authorit3~ (KCCHA) is managing the project along with the legal owners of the building. The legal owners are KCCHA, IGtsap County, and the City of Bremerton. This year, the Health District wili purchase our portion of the building from Kitsap County through a real estate contract. CDBG funding is requested to assist with the payment. Revised CDBG Attachments C-3(a) and C-3(b) are attached showing the change in the application. Please note the detailed budget description at the bottom of Attachment C-3(a). City CDBG funding ($114,000) is needed to acquire approximately 10,200 square feet of office space for the Community Health Division's programs. Total assignable space in the Building for all District activities is 26,368 square feet. City CDBG funds are to be used only for the acquisition of office space for the Community Health Division, not for general administrative services. The CDBG funding request is also proportional to the amount of services being provided to City of Bremerton residents. Feel free to call me at 337-5287 if you have additional questions concerning this modification to our CDBG application. Cc: Leslie Hopkins 2004 Sources of Financing - All Project Funding Sources~ Attachment C-3 (a) Source (Name) Committed Conditional Tentative Federal: $ CDBG/Home ~ 0 Bremerton CDBG proposed __ $ 114~000 State: $ $ $ Local: $ $ Kitsap County (cash) $ 3,041,240 Kitsap County (bond issue) $ 5,619,520 City of Bremerton $ 250~000 $ 8,910,760 Applicant: Kitsap County Health $ 886,000 District Private: $ $ $ In-kind: $ $ $ Subtotals: $ 9,796,760 $ $ 114,000 TOTAL ALL FUNDING SOURCES $ 9,910,760 t Notes: 1. Total funding ($9,910,760) supports acquisition of new Health District office space in the Regional Government Center for all programs and services. Approximately $800,000 of bond-financed tenant improvements are also included in this total. All additional project costs are no__!t included in this total including additional cash-paid tenant improvements, furniture/fixtures/equipment, design services, lease payments, Operation and maintenance, etc. required in 2004. 2. City CDBG funds ($114,000) are to be used only for the acquisition of office space for the District's Community Health (CH) programs, and only for that portion of CH serving the City of Brernerton. 3. CDBG Funding Calculation: · Health District responsible for a $1 million dollar down payment to Kitsap County in 2004 specifically for building acquisition purposes. · 38% of the building space -- approximately 10,200 square feet -- is dedicated to CH staff who directly serve clients This does not include any space for the general administrative functions of the Heatth District 38% of $1 million is $380,000. · Apbroximately 30 Yo of the Health Districds client contacts are provided to Bremerton residents 30% of $380,000 is $1 t 4,000. 2004 BREMERTON CDBG APPLICATION - KITSAP COLq'iT~ HEALTH DISTRICT Use of Financing - All Funding Sources Attachment C-3 (b) Project Cost Amount CDBG Funds Other Funds PERSONNEL Managers Staff SUBTOTAL -0- -0- -0- -0- SUPPLIES/EQUIPMENT Office Supplies Equipment SUBTOTAL -0- -0- -0- -0- *ADMINISTRATION Advertising Audit insurance/Bonds Postage/Printing Rent/Utilities Communication Training/Travel Transportation SUBTOTAL -0- -0- -0- -0- ACQUISITION COSTS Acquisition $9,910~760 ~114~000 $9~796,760 SUBTOTAL - 0 - ~9~9107760 $114,000 $9,796~760 DEVELOPMENTAL SOFT COSTS Appraisal Design and A & E Processing/Settlement and Financing Marketing Operating Reserve SUBTOTAL -0- -0- -0 - -0- DEVELOPMENTAL HARD COSTS Clearance/Demolition Construction Rehabilitation Improvements SUBTOTAL - 0 - - 0 - - 0 - OTHER COSTS Relocation Operating/Maintenance expenses -0- -0- -0- SUBTOTAL - 0 - TOTAL PROJECT COST $9~910,760 $'114,000 $9,796,760 2004 BRESflERTON CDBG .,kPPL CAT ON - KITSAP COUNq'Y HEALTH DISTRICT CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT NOTICE OF PUBLIC HEARING REGARDING AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL PLAN NOTICE IS HEREBY GIVEN that the City of Bremerton City Council will conduct a Public Hearing on Wednesday, May 19, 2004 at or about 5:30 p.m. in the Council Chambers, City Hall, 239 Fourth Street, Bremetton, WA. The purpose of this hearing is to consider an amendment request to the City's Community Development Block Grant (CDBG) Action Plan for 2004~ The City of Bremerton provided $114,000.00 in 2004 CDBG funds to the Kitsap County Health Distric~ for construction of tenant improvements and relocation to new clinic space. The Health District has requested, instead, that the funds be used for acquisition of the space. It is recommended that the amendment be granted, as the intent and result of the project, as well as the clients served, will remain unchanged. YOU ARE INVITED to attend the hearing and make oral and written comments. The City Council has the discretion to limit testimony to relevant, non-repetitive comments and to set time limits. If you are unable to attend, written comments, photographs or other exhibits on the application may be submitted to the address below before the hearing date. QUESTIONS and written comments may be directed to: Department of Community Development, 286 Fourth Street, Bremertoth WA 98337 STAFF CONTACT: Shirley Aird, AICP, CDBG Coordinator, Phone (360) 473-5211. Publish Apr 14, and May 13, 2004. 10 DATE SUBMITTED: April 28, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public hearing on ordinance Committee Meeting Date: relating to unauthorized camping, parking COUNCIL MEETING Date: restrictions in public rights-of-way, and Department: City Attorney's Office enforcement of parking violations Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the BMC do not contain adequate provisions relating to unauthorized camping in parks and other public locations. Further, the provisions relating to parking restrictions in public rights-of-way and enforcement of parking violations contained in the BMC require updating. The proposed ordinance creates a new BMC chapter relating to unauthorized camping and updates provisions relating to parking restrictions in public rights-of-way, and enforcement of parking violations. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~--~~ ~'"~" ~-'-'~ FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: i' ~-')}~-- CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Den5' [] Table [] Continue [] No Action 11 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a new chapter of the Bremerton Municipal Code, Chapter 9.32 entitled "Unauthorized Camping" to establish provisions relating to unauthorized camping in parks and other public places and further amending Chapter 10.11 entitled "Enforcement" to update provisions relating to parking restrictions in public rights-of-way and enforcement of parking violations. WHEREAS, the current provisions of the Bremerton Municipal Code do not contain adequate provisions relating to unauthorized camping in parks and other public places; and WHEREAS, the City Council finds it appropriate to update the current provisions of the Bremerton Municipal Code relating to parking restrictions in public rights-of-way and enforcement of parking violations; and WHEREAS, the City Council desires to adopt provisions relating to unauthorized camping and update the provisions relating to parking in order to promote the health, safety and welfare of the community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 9.32 entitled "Unauthorized Camping" is hereby adopted to read as follows: Chapter 9.32 UNAUTHORIZED CAMPING 9.32.010 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (a) Camp means (i) to dwell, reside within or use camping facilities for temporary or permanent habitation or housing; and/or (ii) to use camping paraphernalia. (b) Camping facilities include, but are not limited to, recreational vehicles, motor vehicles, trailers, tents, huts, or temporary shelters. (c) Camping paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city-designated cooking facilities and similar equipment. (d) Director means any director of a city of Bremerton department having authority over a public place or any other person authorized by the mayor to exercise such authority or his or her designee. l Unauthorized Camping/Parking (e) Park means and includes all city parks, public squares, park drives, parkways, boulevards, golf courses, park museums, zoos, bathing beaches, and play and recreation grounds under the jurisdiction of the City of Bremerton parks and recreation department. (f) Public place means and includes streets, ways, boulevards, sidewalks, planting or parking strips, shoulders, squares, triangles, fights-of-way, publicly owned parking lot or publicly owned area, improved or unimproved, and other public places appropriated to the public for public use, including buildings, structures and appurtenances situated thereon. (g) Recreational vehicle means a travel trailer, motor home, track camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self- propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (h) Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (i) Street means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way, and every way or place in the City of Bremerton open as a matter of right to public vehicular travel. 9.32.020 UNAUTHORIZED CAMPING IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by city code or ordinance, it shall be unlawful for any person to camp in any park or other public place. 9.32.030 UNAUTHORIZED STORAGE IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 below or as otherwise provided by city code or ordinance, it shall be unlawful for any person to store, pitch or park camping facilities or to store or pitch camping paraphernalia in any park or other public place. Recreational vehicles may be parked in authorized parking spaces within city public fights-of- way subject to the provisions of Chapter 10.11 BMC. 9.32.040 PERMIT. (a) The director is authorized, by permit, to allow persons to camp, occupy camping facilities, or use or store camping paraphemalia within or on any park or other public place that may be designated by the city for such use in the City of Bremerton subject to other applicable codes or ordinances. (b) The director may approve a permit as provided under this section if the director determines that: (1) Adequate trash receptacles, trash collection and sanitary facilities are available; (2) The camping activity will not unreasonably disturb or interfere with the peace, comfort, and repose of property owners in the area; and (3) The camping activity is not reasonably likely to provoke disorderly conduct or create a disturbance. (c) The director may place terms and conditions on any permit as he or she finds appropriate fbr the conditions considering the use and impacts of such use. 2 Unauthorized Camping/Parking 9.32.050 PENALTY FOR VIOLATIONS. (a) Civil Infraction. A violation of any provision of this chapter shall constitute a civil infraction subject to a monetary penalty of one hundred five dollars ($105.00). Each day, or a portion thereof, during ;vhich a violation occurs shall constitute a separate violation. (b) Habitual violators - misdemeanor. Any person receiving three or more infractions, singularly or in combination, for prior violations of this chapter found to be committed by the Municipal Court within a two-year period shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said two-year period. 9.32.060 RULES AND REGULATIONS. The director may promulgate roles and regulations he or she deems necessary and appropriate to implement, administer and enforce this chapter. SECTION2. The title to Chapter 10.11 of the Bremerton Municipal Code entitled "Enforcement" is hereby amended to read as follows: Chapter 10.11 PARKING ENFORCEMENT SECTION 3. A new section, Section 10.11.050 entitled "Definitions" is hereby adopted to read as follows: 10.11.050 DEFINITIONS. The following definitions are applicable in this chapter unless the context otherwise requires: (a) Director means Director of Public Works or other department director authorized by the Mayor to enforce this chapter, or their designee. (b) Right of way or Street means any highway, avenue, lane, road, drive, place, boulevard, alley, right-of-way, ways, boulevards, sidewalks, planting or parking strips, shoulders and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. (c) Recreational vehicle means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self- propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot. (d) Vehicle means truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle, buggy, off road vehicle, or marine vehicle (trailered or non-trailered), whether licensed or unlicensed, or motorized or non-motorized, unless otherwise defined SECTION 4. Section 10.11.010 of the Bremerton Municipal Code is hereby amended to read as follows: 3 Unauthorized Camping/Parking 14 10.11.010 ADDITIONAL PARKING VIOLATIONS. tn addition to those statutes adopted by reference in BMC 10.04.010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Parla'ng in Time Limit and No Re-park Zones. (1) Downtown Core. Where a time limit and no re-park is established by official signs, no vehicle may be re-parked on either side of the same street in order to extend the vehicle's parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be re-parked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to another street with a different street name than the street the veNcle was originally parked upon. (2) Residential. Where posted, it is unlawful for a vehicle to remain parked, or to be re-parked within four (4) blocks of original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone. Vehicles issued penmts under Chapter 10.10 BMC shall be exempt from posted time limits according to the terms of the permit. (b) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile ora City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to: (1) Lend, sell or assign said permit to another; (2) Display any permit issued to another; or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10.10 BMC. (d) Counterfeit Tokens, Permits or Script. It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device. (e) Tampering With Par!a'ng Meters or Collection Devices. No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device. (f) Unauthorized Handicapped Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a special license place, card or decal as provided for in RCW 46.16.381 (1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate, card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab displayed according to law. (h) Unlawful Parla'ng in City Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a City-owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application ~br a parking permit. 4 Unauthorized Camping/Parking (k) Failure to Surrender Permit. The Director et: is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director ora ................... Co, it shall be unlawful for any person to fail to surrender a parking permit as directed. (1) Parking or Storage of Vehicles within Right-of-Way. Except when otherwise provided by right-of-way use permit or other appropriate city or state permit, the parking or storage of vehicles shall be subject to the follo~ving parking restrictions: (1) Time Restriction. Parking or storage of any vehicle in excess of seventy- (72) ti e ho ^~' .... '~-~-~ ..... i public right-of-way shall be unlawful '":+~' ...... ;-~.. ~r ............. : cr statc pc.whit. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the canvcyan¢c ar ,,-nc, tar vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of- way for purposes of calculating the two (72) hour parking restriction....v,~,~"~ ....... oton ......... 2 .................. {2) Oversized k~ehicles -Additiona! Restrictions. The city council finds that the parking and storage of vehicles exceeding twenty-two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds ("oversized vehicles") presents unacceptable risks and hazards to public health, safety and welfare when such vehicles are parked or stored on city streets at times when such vehicles are not engaged in business or commercial activity. Because of these risks and hazards to public health, safety and welfare, the city council further finds that the parking and storage of such vehicles on city streets should be minimized. Therefore, in addition to the restrictions set forth in subsection BMC 10. I 1.010(1)( 1 ) above, no oversized vehicle may re-park in a previously parked location in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. Relocation of any oversized vehicle within five hundred (500) feet and still within a public right-of-way shall be considered a previously parked location within the right-of-way. (m) Parking Against Tra[fic. Except when otherwise provided by city code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park upon a right of way unless; (1) stopped or parked parallel (or at an angle when authorized) to the traveled portion of the right of way~ (2) in the direction of authorized traffic movement of the right of way immediately adjacent thereto, and (3) within twelve inches of the curb or as close as practicable to the edge of the shoulder. In the event of a conflict between the provisions of this subsection and RCW 46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC, the provisions of this subsection shall apply. (reno Par/dng Fee - Non-payment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (~o~ Par/dng Fee - Time Permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is awfully permitted in the time zone, irrespective 5 Unauthorized Camping/Parking 16 of the amount of money deposited in such collection device. SECTION6. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. 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 ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of _, 2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:~LEGAL\Ordinances\Unauthorized Camping Ordinance. doc 6 Unauthorized Camping/Parking ~7 COMMENTS BEFORE THE CITY COUNCIL ON 19 MAY, 2004 by Helen Miller Page 1 THE CITY COUNCIL OCCASIONALLY WONDERS WHY THE TAXPAYERS OF THIS TOWN DON'T COME TO THE COUNCIL MEETINGS. COULD IT BE THAT THEY'RE JUST TOO BUSY WORKING TO EARN ENOUGH TO PAY FOR THE DEMANDS THIS ADMINISTRATION IS PLACING ON THEIR WALLETS? AT LAST NIGHT'S COUNCIL COMMITTEE MEETING AN ITEM PROPOSED BY COUNCIL PERSONS PRiEST AND MAUl?IN WAS TO ESTABLISH A BREMERTON ARTS COMMISSION TO DISTRiBUTE MONEY FROM A FUND COLLECTED FROM A 1% TAX ON NEW CITY FUNDED CONSTRUCTION PROJECTS. THiS WILL RAISE THE COST OF ALL FUTURE CITY CONSTRUCTION TO EFFECTIVELY SUBSIDIZE A SMALL SEGMENT OF OUR POPULATION. JUST REMEMBER - THE CITY DOES NOT HAVE ANY MONEY OF 1T'S OWN - IT CAN ONLY TAKE MONEY OUT OF YOUR WALLET IN THE FORM OF TAXES. THIS IS A PERFECT EXAMPLE OF "TAXATION WITHOUT REPRESENTATION." - YOU THE PUBLIC WOULD HAVE NO SAY IN THE MAT[ER IF THE COUNCIL APPROVES THIS NEW MASSIVE TAX. IF YOU CITIZENS DON'T BELIEVE THAT THIS ADDITIONAL TAX IS 1N YOUR BEST INTERESTS - CALL YOUR COUNCIL REPRESENTATIVE AT 478-5280 ..... WRITE IT DOWN 478-6280. TO PARAPHRASE COUNCILMAN GEHRING - "HOW MUCH IS IT GOING TO COST? ..... APPROXIMATELY 320 THOUSAND DOLLARS THE FIRST YEAR ....... WHEN WE AS A CITY HAVE GOOD STREETS, GOOD FIRE AND POLICE STAFFING, - THEN I MIGHT CONSIDER IT.... THE ONE PERCENT TAX WOULD BE MUCH BETTER SPENT ON THE CRITICAL NEEDS OF THE CITY AND ITS CITIZENS ...... THE THIRD TO 3/4 OF A MILLION PER YEAR WOULD GO A LONG WAY TO COVER THE SHORTFALL 1N THE CITY'S BUDGET - AT THIS TIME. PERSONALLY, IT SEEMS LUDICROUS TO CONTEMPLATE SPENDING THIS KIND OF BIG BUCKS TO DECORATE PUBLIC BUILDINGS WHEN ESSENTIAL TASKS AND SERVICES ARE BEGGING FOR ADEQUATE FUNDING. I BELIEVE THAT YOUR COUNCIL MEMBERS, IF LEFT ON THEIR OWN, WILL VOTE TO APPROVE THIS EXTRAVAGANCE - JUST BEFORE THEY VOTE A 40 % RATE ADJUSTMENT OF YOUR WATER BILLS AND A 30% ADJUSTMENT ON YOUR WASTE WATER BILLS. - WHILE PUGET POWER IS ALSO REQUESTING HEFTY RATE INCREASES ON YOUR GAS AND ELECTIC BILLS. THIS POLITICAL POCKET PICKING BY THE CITY, APPARENTLY ORCHESTRATED BY THE MAYOR'S OWN FINANCE MINISTER WHO IS RATIONALIZING THESE TAX INCREASES BY COMPARING US WITH OTHER WASHINGTON CITIES - WITHOUT REGARD TO THE AVERAGE PERSONAL INCOME OF THOSE CH'lES. WE ARE ESSENTIALLY A HARD WORKING BLUE COLLAR TOWN. THESE ESCALATING TAX BURDENS ARE HARD ENOUGH ON WORKING PEOPLE BUT WILL PROVE TO BE A DISASTER FOR RETIREES AND OTHERS ON FIXED INCOMES AND LIMITED RESOURCES. THIS IS NOT BELLEVUE BY THE BAY. BUT IF THIS TREND CONHNUES - BELLEVUE WILL BECOME ONLY THE SECOND MOST EXPENSIVE CITY IN WHICH TO LIVE. REMEMBER - IF YOU DISAGREE WITH THESE COUNCIL ACTIVITIES - CALL YOUR COUNCILMAN AT 478-5280 ..... LET YOUR COUNCIL REPRESENTATIVE KNOW HOW YOU FEEL. City Counci! - Parking Ordinance discussion, please submit for the record at tonight's meeting. Page CEIV£D Ci1¥ COUNCIL OFFiC From: Dale M Alvestad DaleAIvestad@comcast.net To: <citycouncil@ci.bremerton.wa.us> Date: Wed, May 19, 2004 2:01 PM Subject: Parking Ordinance discussion, please submit for the record at tonight's meeting. To the Bremerton City Council, I am unable to attend the City Council meeting tonight (May 19th) regarding parking in the city "right of way". This "right of way" extends about 12 feet from the edge of the street in front of our homes throughout the city including yours. Last week Diamond Parking notified several people on my street that campers and rec. vehicles may not remain parked in front of our homes longer than 72 hours in a 30 day period (Ordinance No 4667). We get 120 hours if the vehicle is over 22 feet long or over 10,000 pounds. Part of NO. 4667 says parking for a longer period "shall be unlawful without a permit". So I went to City Hall for my permit and guess what? Permits are only issued to construction companies at a cost $150 for 30 days. Folks, I bring my boat home once a year to prepare for the season and to clean and wax the hull but I work for a living, and the process takes longer than five days. My neighbor parks his camper in front of his home when family visits so they have a comfortable place to sleep. Both of us park in the right of way. What now, expect a ticket each year? Tell the relatives they cannot stay longer than five days? Call me a skeptic, but I suspect there's a reason for the sudden notification and enforcement of an ordinance no one knew existed. I think our city council would like to be able to demonstrate how 'fair' they are being to a certain vocal homeless gentlemen. Not a good reason for this badly written ordinance, or the sudden enforcement. If the city council insists on keeping this ordinance in place, be reasonable and give us the "right" and a "way" to get a waiver when needed, and make it free of charge. Thank you, -Dale- Dale M. Alvestad 2442 N Lafayette Ave Bremerton, WA 98312 Phone 360-792-9642 DaleAIvestad@comcast.net City Hall Properties - Offer to purchase General Terms and Conditions - subject to further negotiation 1) Purchaser: HMI, LLC by Charles C. Haselwood and Joanne L. Haselwood, Managers 2) Purchase Price: $925,000.00 3) Eamest Money: $20,000.00 4) Broker Fee: City to pay a 5% 5) Closing: December 2004 6) Leaseback to City- terms: a. Month to month but no later than December 31, 2005 b. $127,000.00 per year proratedmonthly based on occupancy c. City assumes maintenance of structures and utilities 7) Demolition of structures: Purchaser shall demolish, a its expense, the structures and improvements located on the property within two (2) years after the City vacates the property 8) Purchasers feasibility study: a. Purchaser has until September 15, 2004 to perform b. Study - financing, the physical condition of fie Property, the presence or absence of any hazardous substances, contracts and leases affecting the Property, potential financial performance of the Property and the availability of government permits and approvals 9) Hazardous material: a. Seller shall indemnify and hold purchaser harmless from liability due to hazardous material located on the property b. Purchaser to perform a Phase II environmentalinvestigation of the property and share data with the City c. Based on the results of Phase II investigation, the Ci~ may terminate the sale by reimbursing purchaser for the cost of Phase II investigation MOTION: I move; 1) to approve the sale of the city hall properties to HMI, LLC, a Washington limited liability company, pursuant to terms and conditions substantially the same as presented, and 2) to authorize the mayor to finalize and execute a purchase and sale agreement and any applicable lease agreement pursuant to said terms and conditions, and further 3) to authorize the mayor to finalize and execute any and all other documents necessary to finalize and close the sale.