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.