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Home My WebLink About11/14/90TAPE #782 UNAPPROVED DRAFT OECS- 1990 N_9~_M~E~R _._14, 1990 The regular 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, November 14, 1990, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present were: Lon Overson, Wayne Estes, Spencer Horning, Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, Al Colvin and Russ Johnson. Also present was City Attorney Ian Sievers and Deputy City Clerk Gil Johnson. The meeting opened with the Pledge of Allegiance led by President Lynn Horton and the Invocation was given by Councilman A1 Colvin. 016 031 CONSENT AGENDA A. Minutes Of Meeting - October 31, 1990, #AB90-286 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090~ have been recorded on a listing that has been made available to the council. M/S/C/U(Coivin/Estes) on November 14, 1990, the Council does approve for payment those vouchers included and further described as follows: 119718 through 119867 in the total amount of $254,248.90 COUNCIL MEMBER REPORTS Mr. Estes announced Thursday, November 15, would be the last day to mail packages to military personnel for guaranteed delivery before Christmas. Several items the service personnel were wanting were "Rook" and "Pinochle" cards, cribbage boards, YOYO's, small "hand held" chess sets and local newspapers. If anyone needed an address for a military person, they could contact the Bremerton Servicemen's Center on Burwell. Mr. Estes noted he found only about a 50 cent difference between First Class mail and Third Class mail. Mr. Horninq stated he had the privilege of touring the sanitary landfill last week with a group of children; and noted it was truly a "state of the art" operation. He urged everyone to recycle so that another landfill would not have to be developed in our area. Mr. Waibel congratulated the Bremerton Knight's Football Team on their making State piayoff's for the first time in 12 years. TAPE #782 City Council Reg. Mtg. Minutes November 14, !990 Page 2 of I! Mr. Johnson stated concerning the wood stove controversy, cities in Kitsap County were still concerned with air quality, however, they would like some sensible decisions when bans were placed on burning. Many times when Seattle had inverted air conditions, conditions in Kitsap County were much different. He pointed out the Chairman of Puget Sound Air Quality Control board was Kitsap County Commissioner Win Granlund. He encouraged people to let Mr. Granlund know their feelings on the burn ban issue in Kitsap County. Mr. Colvin announced he and his wife, Hazel, were celebrating their 44th Wedding Anniversary today. He announced on December 2, 2-4 PM, at the Sheridan Park Recreation Center, he would be hosting an Appreciation Day for citizens in District #1. He extended an open invitation for everyone interested to attend this event. Mr. Dawkins announced the "Apple Cup" football game between the University Of Washington and Washington State University was coming up on Saturday, November 17. Mr. Collins questioned the reasoning of placement of an advertisement promoting the sale of wood stoves and right above it an article was printed noting the impact on air quality by such stoves. Mrs. Horton reported at the last Puget Sound Air Quality Pollution Control Agency (PSAPCA) meeting, a staff member stated only 204 of the air pollution problems came from new wood stoves with new technologies and latest model of vehicles. And, eighty percent of air quality problems came from vehicles and wood stoves developed under old technologies, including lack of knowledge as to proper usage and maintenance of those vehicles, wood stoves and chimneys. She felt PSAPCA needed to do a better job of educating the public on how to operate equipment and recognizing when that equipment had outlived its economic viability and to convert over to the latest technologies. If this could be accomplished, there would be a substantial clean up of air that presents a problem today. Mrs. Horton noted Council and City staff were in the midst of budget sessions and everyone was diligently working to conclude this task. She expressed her appreciation to everyone involved. PUBLIC RECOGNITION None FLEET $IZE)~ #AB90-287 Currently there is $7,175.00 available from Risk Nanagement Fund for replacement of a 1988 Celebrity that was wrecked in June of 1990. Additionally there is $19,000 in the Equipment Rental Fund ~384 TAPE #782 City Council Reg. Mtg. Minutes November 14, 1990 Page 3 of 1i designated for vehicle replacement in the Police Department. It is essential that the Detectives Unit have enough vehicles assigned to carry out their assigned duties. Note: Vehicles to be purchased will be used and reconditioned. Fleet Maintenance approval will be gained before purchase. ~p.t~._~oe H_a_~f~e~ stated the Police Department was authorized to have 41 vehicles. Currently they had only 38 vehicles ... the three missing included: wrecked 1988 Celebrity and two vehicles that had already been made surplus by Fleet Maintenance, but yet to be replaced. Out of the remaining 38 vehicles, 4 were Cushman Scooters, 3-motorcycles, 1-Chevy Chevette (a donated vehicle to be used for the Chaplains' Program. Therefore, in terms of vehicles in use they had 30 available. He noted they did intend to shop locally for the vehicles. This item had been before Council's Fiscal and Budget Committee and they supported the proposal. Public comment - none. Mr. Overson stated Fiscal and Budget Committee did review this item and when looking at the proposal long-term, the Police Department had over 10 vehicles that were quite old and needing replacement. By the end of 1991, and if Council approved this request, eight of the old vehicles will be replaced. He noted this less expensive option to replace three vehicles seemed to be a cost effective option. M/S/C/U(Waibel/Coivin) that the City Council approve surplus vehicles' #1456, #1402, #1450 to be disposed of in the best interest of the City complying with City Policies and Procedures. 7A - ORDINANCE (FIRST READING) REVISING CITY PURCHASING PROCEDURES~ ~AB ~0_.-~ This ordinance updates the City's Purchasing Ordinance to reflect changes in Public work contracting laws raising bid requirement limits and limiting the use of City employees. In addition, the City's internal procedures for purchasing had been simplified by raising the value of purchases or leases requiring bids, formal contracts and Council approval. Other notable changes are: Repeal of inconsistent professional service contracting under BMC 2.49.070. Setting a policy favoring local purchase was consistent with RCW 39.30.040. Allowing minor change orders without returning for Council approval. TAPE #782 City Council Reg. Mtg. [~[inutes November 14, 1990 Page 4 of 1i Prohibiting multiple amendments or project phasing to avoid Council approval or bidding on non-public works purchases. Allowing an exception to bidding when a vendor's price is below the current state contract price. ~a_n_~ S_~y__e~, City Attorney, stated the last sentence in Section 1 (a) should read: "Projects or purchases g~_~ood~._o~_.~e~_y~ shall not be divided into units of phases to avoid this authorization limit" During pre-Council meeting, Council requested the following changes: to Section l(b)~4 to read: "20% of the contract price or $30,000, whichever is less" Under subsection (e) add the word "Work Force Account," that made it consistent with earlier terminology. Under Part (6) of the Exceptions To Chapter Requirements, it would now read: "In certain circumstances, it may be in the best interest of the City to waive bid call when goods can be obtained at a lower price than the current state contract price" Also, Mr. Sievers noted that "favoring local purchasing" was included in the proposed ordinance under Section i, (d) . Due to a State law for public bodies granting local preferences, the language used in this ordinance was limited to the criteria within that law. Public comment - none. Mr. Colvin questioned what was the definition of "local purchase"? Mr. Sievers stated it was not strictly according to the City limit line, it was to take into account what a normal prudent business person would take into account, such as distance, price, etc. As far as the City boundary, the City could take into account revenue the City may generate by that purchase, such as Sales Tax and/or B&O Tax. Mr. Johnson questioned if a local businessman would be getting a break if the City bought locally? ~__~v__e~ stated yes, if it was a City business person as opposed to someone in the County. Mr. Johnson stated he desired to keep the purchase power within the City limits. ~__.~ib__e~ stated the only way the City could save by "buying Bremerton" would be when it was economically advantageous in terms of incoming revenue. ~= .... ~ohD~_o__n questioned if the proposed ordinance should also include the provision for purchasing recyclable produced products? He noted the Council had already taken steps by including that intent through a Resolution. ~.!....~.9.~__n$_qo~, Deputy City Clerk, stated that was included in the General Terms and Conditions of the City's Purchasing Policies and Procedures. He suggested including something in the ordinance addressing that issue before second reading of the ordinance. ~K~_.~o__hRS~~ stated he would like to see that included by second reading. He noted he was still uncomfortable on the $10,000 limit for professional services and goods and questioned if that would only apply to items that were TAPE ~782 City Council Reg. Mtg. Minutes November 14, 1990 Page 5 of il previously approved through the budget process? ~r_~.__~D~ explained that would be acting within the department budget appropriations. Mr_~__~ghBAo_n_ questioned if there was anything in the ordinance that changed the "length of term" of City contracts? Mr. Sievers stated no. Mr. Johnson questioned if the City experienced economic benefits from long-term relationships with suppliers of goods and services to the City and were prov~sions in place to take advantage of that relationship? ~_~_._~oh~9~ stated that kind of philosophy was probably in the best interest for the City to adopt regardless of whether or not it was statutory. Businesses that the City currently dealt with locally were based on long-term relationships. He explained the City negotiated periodically with all vendors for more favorable trade conditions, whether it be discounts, etc. Mr. Johnson stated if wording needed to be added to City ordinances to achieve such purchasing preferences, he would support such a proposal. Mr. Estes questioned how Bremerton would ever be rejuvenated if business continued to be conducted outside of town. He felt the message given by the Council and the Mayor was to "buy Bremerton" He stated he would not support this proposal unless local businesses were supported by the City's purchasing practices. G. Johnson stated statutorily the City could not buy more than the lowest responsible bid. He conducted a study of $100,000 worth of consumable operating supplies, of which over 60% was purchased in side the City limits of Bremerton, 12% purchased from businesses within the County and the balance purchased from out of the area, due to their being specialty items not manufactured or available within the City. Mr. Estes stressed the motto for the City of Bremerton should be to "buy Bremerton". Mr. Sievers explained even on a higher level than State statutes, the reason for using tangible quantifiable factors for favoring local jurisdictions was under the Federal Constitution. Under these parameters, it would prohibit setting up artificial trade barriers to protect local businesses and preventing creating unequal basis. Mr. Colvin questioned if all purchases made by the City were put out through the bid process? Mr. G. Johnson stated no, the City did make discretionary purchases. 509 M/S/C/U(Waibel/Horning) to approve Ordinance, on first reading, revising procedures for the procurement of materials, equipment and services by the City of Bremerton, and repealing Chapter 2.76 and Section 2.49.070 of the Bremerton Municipal Code. 7B - ORDINANCE (FIRST READING) AND RESOLUTION #2327,~____ADO~P~T_~N_G The amending ordinance and resolution implement the direction given by Council for changes in parking regulations. There are: (1) two TAPE ~782 City Council Reg. Mtg. Minutes November 14, 1990 Page 6 of 1! free parking permits per household and free visitor permits7 (2) no enforcement of fee or time zones during the evening, or on weekends in residential parking permit zones; (3) reusable short term guest placards to be issued to residents in residential parking permit zones and vendor permits in the commercial zones. Amendments relating to the infraction for reparking in a particular time zone beyond the time limitation during any eight hour period are submitted for further consideration. Post-seizure impound hearings for nuisance impounds are replaced with a pre-seizure appeal hearing to provide better due process protection for vehicle owners issued a Declaration for Nuisance Vehicle. ~ .... ~eye~_~, City Attorney, stated some weeks ago, Kath!een McCluskey, Director Of Administrative Services, brought to Council some broad policy directives for approvai~ which had been recommended by the Parking Advisory Committee. He noted the following clarifying language changes: (1) under Section 2,10.09.080 it incorporates that the permits should be in the form of a placard and controlled by the residences. Also, under .080, long term modifiers were brought down to Section .090 - Short term was brought down into the body to clarify the number of permits allowed...2 long-term and 2 short term. (2) Section 6, 10.11.050 now reads: "In addition to the enforcement provisions of Section 10.11.040, if any person has three or more outstanding failures to appear on infractions for parking a vehicle in violation of this Title ... if could be declared a nuisance". (3) Under Section 7, Vehicle Impound, it would read "legal" as well as "registered owner" in the notice procedure. Public comment - none. ~.I._O__v~9~_9o~ questioned if there would be any leniency for someone who was new to the area, parked their vehicle on the street and ended up shipping out on a Navy ship for 90 days training? Mr. Sievers stated the vehicle would probably be towed before three tickets being given, depending on where it was parked. Vehicles could not be left abandoned on the street and was a separate reason for towing. Under the proposed "nuisance violation" which also incorporated towing, it applied if someone failed to respond to the tickets placed on the vehicle. Someone who had their vehicle towed would receive notice from the towing company and the Police Department. In the event the owner of a towed vehicle did not respond within a certain time, the vehicle could be sold to recover towing and storage fees by the towing company. However, Mr. Sievers noted the City was charged to make every effort to notify the owner by telephone and certified mail. M~-~ Jg~sg~ stated under the section addressing holidays, it was TAPE #782 City Council Reg. Mtg. Minutes November 14, 1990 Page 7 of 1i his feeling that parking should be exempt on all City holidays. He did not support paying parking enforcers overtime or double-time to give tickets on those days. And, if a holiday fell on a Sunday, then the public would have free parking on two days. President Horton noted discussions on this issue in the Parking Advisory Committee were two fold: (1) just because there may be a declared national holiday it did not necessarily mean the Shipyard closed down, which could then have an impact on the neighborhood; (2) retail areas were open on most holidays other than Christmas, New Years and Thanksgiving and in order for them to promote their business on those holidays that enforcement should take place. ~= Johnson pointed out currently the streets were empty on such holidays and it was not. appropriate to be paying overtime for enforcement when there wasn't anything to enforce. Mr. Colvin stated he believed giving tickets on holidays would have a negative effect on the businesses in downtown Bremerton. Under the section relating to overtime parking, he questioned the meaning of "after the posted parking time had run"? ~=_.~i~S stated when a vehicle was parked for the first time there would be a sign visible stating the time allowed in that zone. Once that time had elapsed, such as 2-hours, that vehicle could not remain parked or reparked in that zone after that posted time during an eight hour period. ~_~_~o~!_vi~ stated he had been informed that City parking regulators could not tell if a vehicle had been driven away from a parking area and then returned to the same area. stated they could certainly tell if the parking time had elapsed since they first checked that vehicle...the hand held computer would read out that a particular vehicle was in a particular zone at a particular time. If the vehicle was still in the zone where the first check was made by the regulator, then they would know that it was parked overtime. As he explained previously, the probie~n with enforcement under the old language was that the enforcers could definitely not tell the total amount of cumulative time. Mr. Colvin questioned if he parked 30 minutes out in front of City Hall and then left the area but returned for 30 more minutes in the afternoon, would it be assumed that he had parked in that zone over the two hour limit? ~_~%~_v_e_~. stated no, the zone was being reused within an eight hour period and the first two hours had definitely run out. Even if he had just parked for five minutes in the zone when his license number was fed into the computer, he should not come back after two hours had elapsed and repark, whether it be later in the afternoon or earlier. Waibel stated the intent of the new language was to bring the requirements in line with the limits of technology the City was using. ~__.~9~9__n pointed out someone still could not park on Fourth Street and attend a City Council meeting or Planning Commission meeting without the threat Qf getting a ticket. ~___Hg~i~g stated any time a ticket was given it delivered a negative impact, however, if parking was not enforced the availability for parking would be terribly abused, so that no one TAPE #782 City Council Reg. Mtg. Minutes November 14, 1990 Page 8 of 11 could do business downtown. He agreed that the City needed to do what it could to make the current system work. Concerning holidays, he felt that if the City didn't enforce parking on a holiday, such as July 4, then it could prevent businesses from ever being open on that holiday or similar holidays. M~.~Col¥~in stated he agreed with what Mr. Horning was saying but did not feel the timing dictated such strict enforcement. When the downtown became more active with businesses and services open to the public, the City's ordinances could be amended. President Horton stated the idea of a parking system in a commercial area was to keep the traffic moving so that there would be a turn over of parked vehicles. The reasons why there were no businesses open in the downtown area was due to past years where people had to fight to find parking and little by little they found it was easier to shop at malls. The turn over was to help the retail businesses in those districts. If the retailers say they want parking regulation on all holidays except Christmas, New Years, Thanksgiving, as well as Sundays, she felt the City should listen to them. Mr. Johnson pointed out the only turn over in parking being done would be people who were moving their vehicle every two hours even though the rest of the street was vacant. ~__~ibe_!~ stated it may be not fiscally responsible, however, for the City to hire and do enforcement to provide parking for the businesses. By prior Council action, the City told businesses that no parking would be required, but that the City would also not provide needed parking. Until there was a marked changed in the numbers of businesses open on holidays and Sundays, he did not support providing parking enforcement on those days. M~.._~9.~ stated he had a problem with the issuance of only two Residential Permits per household with the third or additional permits costing $25.00 each. He pointed out this may be a hardship for families with teenagers or older children who were residing with their family. He felt the third permit should be at the same price as the first two if that person could prove they were a resident at that residence. ~~__~9~9~ pointed out currently the City was charging $12.00 per permit, so if a person had three vehicles, under the proposed change, they would be getting an $!!.00 price break. M~_O~v_~r~9~ stated he supported leaving the permits at $12.00 per permit, wh~ch may encourage parking vehicles off the streets. ~.~s~.~ reminded everyone that this was the first amendments to the Parking Ordinance and he believed it would not be the last. He encouraged Captain Overson and Captain Johnson to use their influence to get some additional parking at PSNS. Mr. Overson noted the base was expanding its parking. President Horton questioned where did this Ordinance address the penalty for misuse of a Visitor Permit as it did for a Residential TAPE #782 City Council Reg. Mtg. Minutes November 14, 1990 Page 9 of ii Permit? Mr. S±evers stated he would check the language, noting that was an additional violation that was not included in the Ordinance. Mr. Dawkins stated when there were still businesses in the downtown during 1983-85, streets had to be blocked off on Sundays, with no parking, until about 10 AM. He recognized that currently there were not many businesses downtown, however, the time may come when this policy would have to be reviewed and possibly changed. ~[e_s~.~_~9~o__n requested Ross Hibier, who was in the audience, to speak to the Council on this issue. She questioned if it was his desire to not have parking enforcement on Sundays or did he see a benefit to his business by having parking enforcement on Sunday? ~gss_.~i~r, downtown book store owner, stated he experienced an increase in his business when there was parking enforcement on Sunday. He related the fact that on this past Sunday, when the Seahawks played in Seattle, the City was affected by commuters and his business activity decreased drastically. He had encouraged other businesses in the downtown area to open their establishments on Sunday. He felt that if there was no parking enforcement on Sundays, this would discourage a business from taking a chance and open on Sundays. When people came into Bremerton to park and then take the ferry to Seattle, he did not benefit from their being in town. The people who patronized his book store were people who liked the convenience of driving downtown town, parking near his business. M~.~~ disagreed with Mr. Hibler's analysis relating to a down business trend on Seahawk Sundays because Mr. Hibler had experienced an increase in business on previous Sundays, which also happened to be the same day as Seahawks games in Seattle. ~ Johnson noted the small number of Seahawk Sundays throughout the year and that it was not cost effective to pay overtime or double time for enforcers for the rest of the year when it was not needed. ~_~a~b~ pointed out there were businesses on the route between the Seattle Ferry Terminal and the Kingdome, who did experience increased business during Seahawk Sundays. He did not understand why businesses in Bremerton did not profit from people going through downtown. Mr. Overson stated sometimes people do not take the time or plan to take the time to stop and purchase something. M~.~%~e! questioned if staff had the actual number of Residential Permits issued at this time? President Horton noted that information was probably available through the City Clerk's office. ~_~Co~.y.%B questioned if the Residential Permit holder would have exclusive rights to a particular spot on the street? P~s.i~R~ Horton stated no, if the block was filled up by other residents and their guests, then that person would have to park in the next block. This system had been working well for some time. The only issue under discussion of this system was whether to change the fee. TAPE #782 City Council Reg. Mtg. Minutes November 14, 1990 Page 10 of 11 Mr. Johnson stated Sections 10.08.030 and !0.11.010 needed to be rewritten. 350 M/S/C/U(Waibei/Estes) to approve Resolution #2327, removing fees for Residential Parking Permits. 482 M/S/F(Coliins/Waibe!) an amendment to the motion to strike the $25.00 fee for each additlonai permit. Vote on Amendment: Motion Failed. In Favor: Collins, Opposed: Dawkins, Johnson, Overson, Estes, Horning, Waibel, Horton Abstain: Colvin Vote on main motion: unanimous. 609 M/S/C(Waibel/Coliins) to approve Ordinance, on first reading, with the modification to the document with "green" highlighting amending Section 10.08.030 to read: "Restrictions on parking, as set forth in this chapter, shall not be effective on Christmas Day, New Years Day, Thanksgiving Day and City holidays. Enforcement in the commercial metered and free zone shall be Monday through Saturday, 5:00 AM to 7:00 PM; under Section 5, 10.il.0i0(a) Overtime Parking remains as originally worded (no change). Mr. Horninq___requested Mr. Waibel to explain the validity to changing overtime parking? M~_~__~a_i_b_9~ stated he believed the wording, as stated before, was what was intended to be done. If someone was in an area longer than two hours (cumulative), then that person could not repark within that zone any other time within eight hours He wanted to stay with that wording until better wording or technology was developed. The proposed wording, he felt, was more restrictive than what was currently in the Ordinance. President Horton stated even though it was not known if the computers could do what was stated, she felt there was the capacity to enforce in 2-hour increments; and if a vehicle was no longer parked within a specific zone at the end of that 2-hour period then that vehicle license number would be purged. Mr. Colvin raised a concern that President Horton was making an assumption that could not be backed up. President Horton stated she had observed the demonstration of the computerized equipment and from that she felt it was possible. ~r~_~9~.~ questioned if someone parked for 30 minutes then left and came back 2 hours later would they be in a position of violation? Mr. Sievers stated not after two hours if the purging technique was used. There was no way to develop probably cause, using the computers now to keep track of the bits of time for multiple parking trips. Essentially, if a license number was purged, it would allow that vehicle to r'epark again that same day. ~.~__Hqr~.D~ pointed out that a vehicle would have to be gone for a 2-hour period before reparking within TAPE #782 City Council Reg. Mtg. Minutes November 14, 1990 Page 11 of 11 that same zone. Vote on motion: Motion passed. In favor: Opposed: Coivin, Johnson, Overson, Waibei, Collins Estes, Horning, Horton Dawkins Wi. th no further business meeting adjourned at 7:00 p.m. KATHLEEN L. MCCLUSKEY, CITY CLERK APPROVED LY~N HORTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault