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HomeMy WebLinkAbout08/02/89 TAPE ~570 UNAPPROVED DRAFT CITY COUNCIL HEETING MINUTES AUGUST 2, 1989 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, August 2, 1989 at 5:30 p.m., with Council Vice President Hank Waibel. Council members present were Lon Overson, Shirley Marty Crutcher, Lynn Horton, Morrie Dawkins, C. R. "Tiny" Collins, A1 Colvin and Russ Johnson. Councilman Spencer Horning was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council Vice President Waibel and Invocation was given by a member of the Kure, Japan Sister City Delegation. Mayor Gene Lobe welcomed members of the City of Kure, Japan Sister City Delegation, who are visiting the Bremerton area in commemoration of the 20th anniversary of the Bremerton-Kure Sister City Program. And, Lions Representative Fred Arima introduced The Kure Delegation leader and the Mayor of Kure's Secretary who in turn extended greetings from the City of Kure and presented the City Council with a gift (chiming office clock) and a book "History Of Kure". Actinq President Hank Waibel thanked the Japanese Delegation for the beautiful gift and welcomed them to the City of Bremerton. CONSENT AGENDA A. Minutes Of Meeting - July 19, 1989, #AB89-209 ##0289 M/S/C/U(Dawkins/Colvin) to approve Minutes of July 19, 1989 City Council Meeting. 2B - SR3/304 WATERLINE RESOCATION BID AWARD, ~AB89-210 Bids have been received for the subject project. The lowest bid was $154,740.16 submitted by Pape and Sons. A total of six bids were submitted. Mr. Johnson stated it appeared form documentation presented that the City has to relocate the waterline and questioned if this meant pipes, etc. Jan Stemkowski, Assistant City Engineer, stated yes, the transmission main will be relocated from the far side of Highway 3 over to the south side of Highway 3. Mr. Johnson questioned what was the total cost of this project so far? Mr. Stemkowski stated this contract covers the labor for the project and Council had previously approved a contract for all materials for the project. He was not sure what the total amount of the two contracts add. up to. Mr. Colvin noted it was his understanding this project was mandated by the State and questioned who has to pay for it? Mr. Stemkowski stated yes, the City does not have a choice and if the waterline was not moved they could not proceed with their project and the City must fund the project. %0381 M/S/C/U(Johnson/Colvin) to authorize the award and execution of the contract to Pape and Sons. 2C - CONTRACT AMENDMENT ~1 TO CONTRACT 3029, ~AB89-211 The Washington State Department Of Transportation is funding the overlay of Warren Avenue from Sixth Street to Sheridan Road (excluding the bridge), Washington Avenue from Burweil to the Manette Bridge, and Wheaton Way from the Manette Bridge to Sheridan Road. The Engineering Division will be administering this work under Contract #3029. Contract #3029 does not include a price for three (3) items of work that will be needed to complete the project. This contract amendment would add these three items to TAPE #570 City Council Reg. Mtg. Minutes August 2, 1989 Page 2 of 12 the original contract. The three items are crack sealing, traffic control and asphalt patching. Russ Johnson questioned if an overlay is being done why is it necessary to do crack sealing, traffic control and asphalt patching. Jan Stemkowski, Assistant City Engineer, stated the crack sealing and asphalt patching is for repair work along old Wheaton Way - some areas have sunk and the base needs to be dug out before the overlay is put down. The amount of money designated for traffic control is the amount of money the State had in their agreement for the total project and that figure was included in the amendment. During discussions with the contractor on traffic control he estimated the cost at approximately $10,000. This would include flaggers during construction, cones, signs and barricades. #0472 M/S/C/U(Crutcher/Horton) to approve Amendment #1 to Contract 3029. C~AIMS/WARKANT REGISTERS 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 which has been made available to the council. #0487 iM/S/C/U(Colvin/Dawkins) on August 2 1989, the Council does approve for payment those vouchers included and further described as follows: 44779, 44780, 44781, 44783, 44789 through 44897 in the total amount of $246,891.55 and Retiree Payroll in the total amount of $61,261.37. COUNCIL MEMBER REPORTS Mr. Crutcher stated after talking with a number of people in the community, he felt the Police Department needs to increase the number of Patrol Officers and that the City Council should support the Police Department in their efforts to control crime in the City. Mrs. Horton announced Scalawag Waterfront Fair will be held August 12 and 13, kicking off with a Fun Run (1 & 3 miles), Children's Parade and Sailboat Regatta. Throughout the weekend the Dunking Booth will be operating and they are still taking volunteers for the booth. Anyone interested in participating may contact Ellie Overson or herself. The reason the event was moved to Evergreen Park was due to the previous site being torn up for construction of a new pump station. Also, Scalawag organizers are selling buttons and tee shirts and she encouraged everyone to purchase these items which will help support the event. Mr. Johnson stated in regard to the Roosevelt Field issue there are a number of unresolved issues involved in the sports .complex/OC parking/Roosevelt Field. He believes the issues have to'separated out and each area addressed in its own way. And, no matter what decision, the City needs to find out what the fallout will be from that decision, can it be sustained or not. He feels strongly the media needs to be informed of what the City staff has found through researching City documents and case law, thereby keeping the public informed. Mr. Colvin noted the Roosevelt Field issue has been a trying issue and the Council needs to make the right decision when the time comes for a decision. He too supports increased presence of Police Officers in the downtown area even if it is just a drive-through. He invited everyone to attend Scalawag Fair, to be held August 12 and 13 and also the Bremerton Central Lions Club Stampede Pancake Feed on August 12. Mr. Dawkins stated he believed the Police Department is doing a fine job and as a business owner in the downtown area he finds their presence very noticeable. TAPE ~570 City Council Reg. Mtg. Minutes August 2, 1989 Page 3 of 12 Mr. Collins noted he believed Chief McNeal was doing the job he was hired to do and finding necessary resources he needs to do that job is up to the City Council to provide. He held a Block Party in his neighborhood which was a wonderful and enjoyable event. At the party he met two Japanese students, visiting through a school exchange program, and they learned a little about the community and he was very impressed with the way people with common interest came together and had fun. Mr. Waibel thanked Mr. Duffy for recent improvements at the reservoir located in his district. Mr. Waibel read a press release into the record that the City of Bremerton along with Historical Ships Association submitted a grant to the Central Puget Sound Economic Development District requesting $347,000. The Historical Ships Association has been successful in their efforts to have the USS Turner Joy made available by the Secretary Of Navy to their organization. The plan is to dock the USS Turner Joy off the Bremerton waterfront for public viewing. The grant proposal submitted requests the assistance in construction of a pier and walkway which will tie into the City's proposed boardwalk and extend out to the destroyer. The project has been ranked as #1 in the Economic District's 1990 overall Economic Development Program. Mr. Waibel made a special introduction - his parents Mr. & Mrs. Waibel, who are visiting from Texas. PUBLIC RECOGNITION Wayne Estes, 1604 Gregory Way, made the suggestion that the City might consider the exchange of a very valuable piece of property in the downtown area currently owned by the Bremer Trust in trade for City property which the College desires to own. Also, he urged the City Council to enact ordinances on Cruising and Loitering, which would provide the Police the tool to control the impact on the downtown area. 6A - SAFETY INCENTIVE PROGRAM AWARDS, ~AB89-204 In October, 1988, Mayor Lobe established a Safety Incentive Program designed to encourage safe practices, promote safety awareness, and recognize employees who demonstrate safe working habits. Several employees to be recognized under this program will be presented with certificates and pins. Pe~¥ Lesser, Risk Manger, stated periodically the City takes time to recognize employees for their efforts and successes in making the City of Bremerton a safer place to work and live. Ms. Lesser introduced Officer Tom Pratt, Police Department, Terry Grocott, Facilities Division and Chris Motner, Utilities, and their respective Department Heads - Chief Del McNeal, Kathleen McCluskey and Bill Duffy. Each Department Head presented a certificate and pin to the honored employee and noted their contributions toward improved safety within the City. Chief McNeal provided an added comment when presenting Officer Pratt's award noting that Officer Pratt, on his own time, reviewed a "high accident area" on the Old Belfair Highway and made recommendations to improve traffic flow which resulted in a greatly reduced accident rate for that area. Officer Pratt noted all the preparatory work provided for the traffic improvement was undertaken by Bud Wallace of the Engineering Department. Ms. Lesser announced Polly Orr, Engineering Department and Tom Carter, Block Grant, also received awards but were unable to attend the Council meeting to personally receive their awards. 6B - REQUEST FOR FUNDS - USS TURNER JOY, ~AB89-198 There is a significant need for a visitor attraction in the City of Bremerton. The waterfront is the logical place for a visitor attraction. The USS Turner Joy will fill this need and will serve as a naval heritage center, convention service center and visitor TAPE #570 City Council Reg. Mtg. Minutes August 2, 1989 Page 4 of 12 information center. Council is requested to provide funds from the Hotel-Motel Tax set-aside fund for a services contract with Bremerton Historic Ships Association. Ail materials produced will promote the City of Bremerton as well as the direct objective of bringing the visitor attraction to the City. Jack Ra.bourn,, President of Bremerton Historic Ships Association, provided the following update - the Port of Bremerton has agreed to provide the moorage/pier/anchors/ up to $96,000. Mim Heuss, Executive Director Visitor & Convention Bureau, stated one of the strong points of this proposal is the fact that the Bremerton Historic Ships Association has taken on this project. She noted the VCB had proposed this project about three years ago but found their organization was not strong enough to carry it out and welcomed the added strength and organization of the Bremerton Historic Ships Association. The citizens response from the community has increased greatly and they look to additional participation from citizens in the general public. Ms. Heuss thanked the City Council for their previous support of this project. Mr. Overson noted there was some concern over the legality of this kind of arrangement and questioned if the City Attorney had studied this issue? Ian Sievers, City Attorney, stated there are really two problems: (1) source of the funds if the contract is approved; (2) the contract itself - this is a little unusual in form and the reason being it is really seed money for some fund raising that will eventually lead to a public purpose. Council may have heard that the Constitution prohibits public gifts of funds or oflending of funds. This came about because of excessive subsidies given to the Railroad industry in the 19th century. The way the Courts are interpreting the Constitutional Article now is that there are two essential elements to look for: (1) that there is valuable consideration given to the municipal corporation. And, as the Council is aware this corporation falls within the class of people or corporations that are subject to the prohibition of gifts or lending; (2) the City maintain some sort of control of the funds and that is the reason for Subsection B under the Scope - the City maintains enough strings on the funds allocated to make sure the public purpose is achieved or the money is returned or there is eventually an option to exercise rights to the project. Therefore, those are the reasons why there are some extended strings attached to the contract. The source of the funds will be from the Civil Improvement Fund which is funded by the Hotel/Motel Tax and the important question is: "Is this facility adequate to supply meeting rooms to attract conventions, etc.?, And it was represented to him that there was adequate space which could be reserved for that purpose; therefore, it is a proper expenditure under that particular special revenue fund. Mr. Overson questioned what effect might come about if Council reduced the amount of funds requested, such as $25,000 rather than $38,107.307 Mr. Ka bourn stated the budget as proposed is very conservative and the items for fund raising have been carefully outlined. The impact of a reduced amount would mean they would have to look somewhere else to make up the funding which could delay the project. The project itself fits within the authorized kinds of things done in other communities using the Hotel/Motel set-aside. He noted the Turner Joy was used last month for a Ships Reunion meeting even though it is still located within PSNS. Acting President Waibel questioned Exhibit B does require the completion of certain portions of this task prior to payment and it lists "payment up to a ceiling"...if costs are higher will the City only be billed for what is listed? Mr. Sievers stated the figures are cap costs and the City would not be obligated to pay TAPE #570 City Council Reg. Mtg. Minutes August 2, 1989 Page 5 of 12 costs above those caps. Mr. Collins questioned what is the difference between this contract and the contract with Flagship? Mr. Sievers stated the subject matter in the Flagship contract is more direct...we pay them on a reimbursement basis for reports and services, surveys, studies, etc. On the subject contract the City would be paying to raise money and the City needs to make sure the money raised is spent on a proper municipal purpose. They will be reporting on activities of the fund raising drive but the City needs some ties to make sure that if the money is inadequate the City's funds are reimbursed as a first priority of the funds that are raised. If the money is sufficient to go ahead with the project the City needs to make sure they use the funds for that public purpose. Mr. Collins pointed out the City needs to have an audit trail on activities generated by the Historic Ships Association. Mr. Sievers explained the City has the right to audit any of their books, reports will be submitted to the City and the City's own Auditor can review financial records upon notice by the City. Mr. Ra bourn explained as a (501~ organization everything is looked at very closely. This contract also requires that they maintain the funds and accounting for this funding totally separate from any other operation. Monies could not be used from this source for any other purpose. Mr. Sievers suggested a minor correction to the contract - Subsection 3b under Scope - first sentence should read: "Association further agrees to maintain and operate the vessel as a tourist facility open to the public at reasonable times and to maintain meeting rooms on a reservation basis for groups, organizations and businesses upon consultation with the City Parks Department"; and deleting the sentence: "Rules controlling public access shall be approved by the City Parks Department". Mr. Overson expressed concern that other projects may be brought before Council requesting use of Hotel/Motel Tax funds and felt he needed to protect, in some way, the City's ability to hold back some funds for future projects which could enhance the City. Mrs. Horton stated she would rather do one project well than two projects half well and supported the proposal. Each project should be judged on its own merit and consideration given at the time of request. Mrs. ~orton questioned if the Turner Joy project would have¢501~) status? Mr. Raybourn stated Bremerton Historic Ships Association has~01C~ status and this project is part of their activities. The commercial aspect, such as the gift shop, do not have that status. Mr. Colvin questioned how soon the USS Turner Joy project will be developed? Mr. Ra 'bourn explained the Secretary of The Navy indicated the ship will be available as early as spring of 1990. #1921 M/S/C/U(Collins/Colvin) to appropriate up to $38,107.30 from the Hotel/Motel Tax set aside fund to contract for visitor attraction promotional services with the Bremerton Historic Ships Association, including the recommended change in Subsection 3b under Scope as outlined by the City Attorney. 6C - EMPLOYMENT CONTRACT - DENNIS A. COBUKN, ASSISTANT UTILITIES DIRECTOR, ~AB89-212 The Utility 1989 budget provides for an Assistant Director position in support of the increased work with the District. The Utility with the Personnel Office and subject to administrative policy and procedures established a hiring register and selected an individual to fill the position. TAPE #570 City Council Reg. Mtg. Minutes August 2, 1989 Page 6 of 12 Bill Duff¥ , Utilities Director, introduced Mr. Dennis Coburn and noted he comes from Clark County PUD where he headed up the Water Division. He has extensive background in facility planning, managing utilities and engineering. Dennis Coburn noted this was the middle of his third week in Bremerton and he has enjoyed his time here, he sees lots of challenging opportunities in the Utility. He is also looking forward to moving his family to this area. #2313 M/S/C/U(Dawkins/Collins) to approve the employee contract as presented and authorize the Mayor to execute said agreement subject to administrative policy. Councilman A1 Colvin left the Council meeting at 6:55 p.m. 6D - STANDARDS FOR WORK WITHIN RIGHTS-OF-WAY, ~AB89-213 The City has no adopted Standards for work performed within rights- of-way which allows for inconsistency in quality and much time consuming discussion with the public and other departments. Standards will allow all concerned to know the "rules of the game" and hopefully promote development within the City. Mr. Crutcher questioned if the proposed Standards cover everything needed? Dave Baker, City Engineer, stated no it does not - there are two chapters missing, which include Water, Sewer and eventually Storm Water, which will be added later. Mrs. Horton noted discussion had been held at both a Council Study Session and two Operations Committee Meetings which included input from those in the community who will be working with the document. Issues that were brought up by those in the community have been resolved and/or incorporated into the document. Mr. Johnson stated he was in favor of the Standards, however he felt there was a problem with implementation via a Resolution. He noted Resolutions get lost and suggested that initially the Standards be adopted by Resolution but upon completion of the missing two chapters that it then be adopted by Ordinance so that it is codified. Acting President Waibel noted the cumbersome procedure required if it were adopted by Ordinance and felt the intent was to have the documents more as Administrative rules which could be modified more quickly. Kathleen McCluskey, Director Of Administrative Services, stated there are both General City Policies and Procedures which are codified in a manual and there are also internal Departmental Policies and Procedures for this kind of document. It was her understanding that the City Engineer would codify them into his Departmental Policies and Procedures. Also, the City Clerk's office maintains a library of documents which are available for public use and the Standards would become a part of that library. Ian Sievers, City Attorney, suggested adding an amendment to the Resolution which would way: "these standards may be amended through the rule making procedures of Title 2, by the department". This would provide a starting point for the department to go through the rule making process, which does provide for public notice and that would allow Mr. Baker to make future amendments. #2641 M/S/C/U(Horton/Crutcher) to approve Resolution #2261, adopting Standards For Work Within Rights-of-Way, with the amendment that any future amendments to this document will be subject to Title 2 Acting President Waibel announced Item 7B had been pulled indefinitely from the Council Agenda. TAPE #570 City Council Reg. Mtg. Minutes August 2, 1989 Page 7 of 12 7C - ORDINANCE (FIRST READING) RELATING TO AN ENVIRONMENTAL AND NUISANCE NOISE ENFORCEMENT. #AB89-216 The proposed ordinance brings the current Noise Ordinance into compliance with Chapter 173-58 of the Washington Administrative Code as required by RCW 70.107.060. It sets a more practical yet constitutional, enforcement standard for public nuisance noises than the present system of three complaining parties. Finally, the proposed ordinance removes certain noise violations adequately regulated in other ordinances, e.g., animal noise, auto muffler noise, and certain environmental noise intrusion. Ian Sievers, City Attorney, noted the City has received many noise complaints and the City's Criminal Ordinances are inadequate as enforcement tools...they are vague. The proposed ordinance uses a simple objective standard, a reasonable person standard and loud repetitious or continuous noises that would offend a reasonable person, which depends on times, circumstances and place. This can be enforced by the Police Officer at the time of the complaint. The portion relating to nuisance and noises enforcement will be the responsibility of the Police Department. The other part of the current Ordinance was missing a critical section - exceptions to environmental noise. The environmental noise regulation has been pre-empted by the State Department Of Ecology - the reason behind that was because local jurisdictions were being too strict and they felt it was endangering the industry of the State. Therefore, the exceptions to environmental noise levels were very important and they were included strictly out of the Washington WAC's. To address changes it would require going back to the Department Of Ecology. It was Mr. Sievers~ feeling that in regard to the environmental noise section it will be referred to the Planning Department. Due to Mr. Pratt being on vacation, he may have some recommendations for change to the environmental noise section. The amendments are located in Section 1 - local land use designations are to be put into the district which are closest approximate with District 1-Residential, District 2 -Commercial and District 3-Industriai Manufacturing. And, Mr. Sievers recommended amending the proposed ordinance to state: District 1 - addition of HD; District 2 - addition of MX, PS, LPO and elimination of HD; District 3 - addition of IP, IG, WS, FM; and under Section D(2) (b) last sentence..."require approval of the State Department of Ecoloqy". Wayne Estes stated it was his interpretation, after reading the proposed ordinance, that fire works would be outlawed and questioned if that was the intent when the new ordinance was written? Mr. Sievers stated he took the exemptions and environmental noise levels strictly out of State law and if they are in there then DOE wants them to be exempt to some level. Mr. Estes felt fire works should be addressed one way or another. Mr. Overson requested clarification on the process and substantiation that an illegal noise is being emitted. Mr. Sievers stated through the performance standard of the Nuisance ordinance...repetitive, constant, frequent is one standard and is it unreasonably offensive to surrounding property owners. Mr. Overson questioned when can the Police Office enforce this ordinance? Mr. Sievers stated the ordinance states there is no need for a decimal meter reading required for enforcement of nuisance noises. The approach to loud parties would entail the Police Office requesting the individual to quiet down the noise and do a follow up check after the warning is given. Mr. Overson asked TAPE %570 City Council Reg. Mtg. Minutes August 2, 1989 Page 8 of 12 how this related to the disturbances that are on going across from J. C. Penneys in the downtown area. Chief Del McNeal explained the intent of the ordinance is to give the officer the authority to contact the originator of the noise, give them a warning to lower the noise levels and if they are cooperative this ends the problem. If they are not cooperative and the Police Officer has to return, then a citation results in those type of activities. TAPE #571 Mr. Johnson expressed concerns that two particular problems he experiences in his neighborhood have been exempted...seaplanes taking off from the lake and watercraft on Kitsap Lake. He suggested contacting the appropriate agency to get more local control on noise nuisances such as the two he suggested. Mr. Sievers stated the City can take steps to pass park regulations which limits the power of watercraft engines on the lake, prohibit seaplanes, hours of seaplanes, etc., then the City would not be running head on with the State. Actinq President Waibel suggested getting a better definition of the "exemption of watercraft" because he feels they were referencing commercial signaling devices which would not create a problem, however pleasure watercraft should be addressed. Mr. Sievers noted it might be a good idea to see a special exemption with the Parks Department and Planning Department working with the Department Of Ecology. Mrs. Horton requested a better definition of "sounds created by blasting". #0174 M/S/C/U(Overson/Collins) to approve Ordinance, on first reading, regulating noise levels by prohibiting excessive noise in identified environments and noise which is disturbing to the public and a public nuisance; and amending Chapter 6.32, including amendments noted by the City Attorney as well as letters being sent requesting for clean up of "watercraft" and "blasting" wording. 7A - ORDINANCE (FIRST READING) AMENDING AND REPEALING CERTAIN MUNICIPAL OFFENSES, ~AB89-214 Bremerton Municipal Code changes relating to enforcement of Unauthorized Vehicle and Public Impound Procedures, Keeping Disorderly House, Contributing to the Dependency of a Child, Assault-Provoking, Fighting, Obstructing, Disorderly Conduct. Leila Mills, Assistant City Attorney, stated the changes proposed are as follows: 1. BMC 9.08.010, 9.08.020 - The proposed ordinance states that a vehicle is unauthorized when it has been tagged for 72 hours. The current ordinance permits 24 hours. The change would be in accordance with the definition of abandoned vehicle in RCW 46.90.103, which establishes a second violation period of 72 hours for vehicles legally parked. Ms. Mills related a recent experience in Municipal Court where even though all the proper procedures were followed he ruled the current City ordinance, as written, was unconstitutional. Upon further research of State statutes Ms. Mills found it to be somewhat confusing, however the Model Traffic Ordinance was more specific and clearer of the two statutes and on that basis and residents in the City would want to have adequate notice their vehicle may be impounded...72 hours seems to be more liberal and fair period to allow the vehicle to be removed and legally parked. 2. BMC 9.24.090 - Keeping Disorderly House - the current ordinance addresses noise and disturbance concerns. It is proposed that this be deleted as noise issues will be addressed in the ordinance Council just approved, on first reading. 3. BMC 9A.20.040 - Contributing To The Dependency Of A Child - This is not a crime under the State Law. Dependency issues under State law are dealt with through RCW 13.34 and civil proceedings TAPE #57m City Council Reg. Mtg. Minutes August 2, 1989 Page 9 of 12 where they become involved through the Department of Social Health Services to determine whether or not a child is a candidate for dependency. Another problem with the current ordinance is that it does not specify when dependency of a child begins. If there is a neglect issue for a minor - when does that neglect start. Any criminal acts committed against a child will be taken care of in a criminal sense. 4. BMC 9A.32.040 - Assault Provoking - This ordinance should be deleted and addressed in the proposed Disorderly Conduct Ordinance BMC 9A.44.020. 5. BMC 9A.32.050 - Fighting - It is proposed that this ordinance be deleted because the Assault Ordinance RCW 9A.32.010 pertains to conduct described in the fighting ordinance. 6. BMC 9A.36.050 - Shoplifting - It is proposed that the maximum fine is $500.00, without mandatory minimum penalties. This will permit the Judge to take into account various circumstances at sentencing. One of the major reasons this is proposed is because under the present Municipal Court system if a fine is imposed they will also be charged court costs (around $50.00) as well as an assessment fee which is 904 of the fine. Under the present ordinance if there is a second offense of shoplifting the mandatory minimum is $300.00 plus the assessment fee which is 904 of the $300.00 plus $50.00 court cost .... making it approximately $600.00 for a second offense. Ms. Mills noted this is a very high fee for a second offense for shoplifting and does not seem in accord with the sentencing recommendations or sentences that are handed out routinely on a Theft 3rd Degree. There are no mandatory minimums for a Theft 3rd Degree, however there is a mandatory minimum presently for shoplift and she questions why there should be a difference. Actinq President Waibel questioned if a Theft 3rd Degree was a repeater offense? Mr. Sievers stated it relates to the value of the property taken not whether it is a second or third offense. It is comparable to shoplifting. 7. BMC 9A.40.020 - Obstructing A Public Officer - The new language addresses law enforcement officer as opposed to public officer. This is consistent with the most recent case law which found the term public officer to be too broad. 8. BMC 9A.44.020 - Disorderly Conduct - A new section is added making it unlawful to use abusive language and thereby intentionally creating a risk of assault, in accordance with Disorderly Conduct under State law. Under the new section (C), the language is changed from "intentionally" obstructing pedestrian or vehicular traffic, to "knowingly" obstructing. Mr. Collins questioned under the proposed change under Shoplifting - if it would be more reasonable to propose a fine and assessment shall not exceed $500.00? Ms. Mills stated that is a possibility, however, she would like to reduce some of the fine but there are some situations which warrant a higher charge. She also suggested allowing the Municipal Judge the discretion to name a lower or high fee for the specific charge. She is not advocating leaving it up to the total discretion of the Judge, but that a cap of $500.00 be set for the offense. Mr. Collins suggested adding language to the ordinance which would identify that the "assessment fee" would be added to the fine. Ms. Mills stated she understood his concern, however, all of the crimes specified in the BMC have maximum penalties or some of them state a fine and jail time. An assessment fee applies to each and every charge if it is a misdemeanor and she suggested possibly adding something in an earlier section of the BMC where it deals with Court Procedures/Fines/Penalties as opposed to each and every crime. TAPE #57~ City Council Reg. Mtg. Minutes August 2, 1989 Page 10 of 12 Mr. Overson stated he was not interested in reducing or taking away the minimum charge for shoplifting and one way for an individual to avoid these fines is to stop committing the crime; and he did not support the recommended change. Acting President Waibel stated he believes the Council as a legislative body needs to address the direction as to how hard is the City going to come down on shoplifting offenses. Mr. Crutcher stated the Municipal Judge needs the authority to determine the fine and in some instances the offender could not even afford a minimum fine. Mr. Johnson stated he believes the minimum is too high, however, the issue is to stop crime. Another concern was the fact that the City Municipal Judge declared the current City ordinance as unconstitutional and questioned if the Judge makes decisions on the Washington State Constitution in a Municipal Court? Ms. Mills stated any court of record is able to decide on constitutional issues. Mr. Johnson believes the City Attorney should appeal the Judge's decision. Ian Sievers, City Attorney, explained that during discussion whether or not to appeal the Judge's decision they came across a conflict in the State statutes and it seems the one the City adopted was more general and there was another one the City adopted which was more specific. Therefore, it made the constitutional ruling mute because they felt that the City's ordinance did need correcting and in that one particular case there was not proper notice given. #0922 M/S/C(Crutcher/Dawkins) to approve ordinance, on first reading, amending impoundment of unauthorized vehicles, Chapter 9.08, Unauthorized And Junk Vehicles, and Repealing 9.24.090, Prostitution, 9A.20.040, Contributing To the Dependency Of a Child, 9A.32.020, Assault-Provoking, 9A.32.050, Fighting, and Amending 9A.36.050, Shoplifting, 9A.40.020, Obstructing A Public Officer, 9A.44.020, Disorderly Conduct, of the Bremerton Municipal Code Amendment To the Motion: 0964 M/S/C(Horton/Overson) waiving the mandatory minimum fine of $100.00 on first conviction of shoplifting and any subsequent fine the Court shall impose a mandatory minimum of $300.00 and such fine shall not be suspended or deferred. Vote On Amendment: In Favor: Overson, Horton, Waibel, Johnson, Dawkins, Opposed: Crutcher, Collins Vote On Original Motion: In Favor: Overson, Horton, Waibel, Collins, Dawkins, Johnson Abstain: Crutcher 7D - ORDINANCE ~4222 (SECOND READING} ZONING ORDINANCE AMENDMENT: TEMPORARY/SPECIAL PURPOSE SIGNS (POLITICAL SIGNS}, ~AB89-202 Don Pratt, Director Of Community Development, reminded the City Council that if an amended Sign Ordinance is not approved the existing Temporary/Special Purpose Sign Ordinance will remain in effect. That ordinance limits the display of an unlimited size of signs for seven days and anything more than seven days will require a sign permit for display. The proposed ordinance identifies and defines Temporary/Special Purpose Signs: "signs of this nature of unlimited size and remain up for seven days within any 90 day period and if they are 8 sq. ft. or below, as amended, they will be exempt from the Sign Ordinance and can remain for up to 60 days prior to the event"; this includes political signs. In the last week Mr. Pratt received only one comment on the proposed Sign Ordinance, which was from a political candidate who is responsible TAPE #57m City Council Reg. Mtg. Minutes August 2, 1989 Page I1 of 12 for campaigning in an area greater than just the City of Bremerton. This particular candidate felt he and other candidates were running sign strategies and efforts in the rest of the County which used bigger signs than that allowed in the City. They felt using smaller signs in the City would be a disadvantage in their campaign and cause them some extra effort. They felt it was not appropriate and questioned if the City wanted to do this to candidates who might have responsibilities for the City of Bremerton. Mr. Pratt stated he advised them that there was testimony before the City Council who felt the City was being too liberal in the Sign Ordinance. In regard to the proposed sign fee schedule, he will be submitting a Resolution to the Council which will outline such a schedule. He recommended that no fee be charged for the Zoning Permit for signs but if a Building Permit is required it would be the $29.00 Building Permit. Sheldon Levine, 5654 Watauga Beach Drive E., Port Orchard, speaking for Kitsap Chapter Of American Civil Liberties Union, stated they oppose a portion of the City's Zoning Ordinance that deals with Temporary/Special Purpose Signs. They consider that the inclusion of political signs in this portion of the ordinance infringes on the Constitutional right of the people of the City of Bremerton. Attempting to regular political speech on private property is unconstitutional and the courts have ruled such. They request that the City Council amend the ordinance to exempt political signs from this portion of the ordinance by listing them along with other exemptions in Section E. He noted Kitsap County Commissioners previously dealt with this issue and voted to reject a Kitsap County Political Sign Ordinance. They rejected it for two reasons: (1) they did not perceive a significant problem with the signs; (2) County Commissioners were concerned with infringement on constitutionally protected free speech rights by requiring permits and placing time limits on political speech. They also oppose the total ban on signs on publics' right-of-way. Signs should only be regulated on the right-of-way for valid safety concerns. Wayne Estes reminded everyone that through the Constitution the citizens have the right to life, liberty and pursuit of happiness and that does not go along with allowing spreading of signs all over the streets. #1470 M/S/C/U(Overson/Dawkins) to pass Ordinance #4222, on second reading, amending Chapter IV, Sections 18(E) (9) and 18(J) of the City of Bremerton Zoning Ordinance relating to the size and display period of temporary/special purpose signs. 7E - ORDINANCE ~4223 (SECOND READING} ADOPTION OF NEW BUILDING AND FIRE SAFETY CODES, ~AB89-207 #1507 M/S/C/U(Horton/Crutcher) to pass Ordinance #4223, on second reading, revising the Building and Fire Safety Code, B.M.C. Chapter 17.04, by adopting 1988 editions of uniform construction codes. 7F - ORDINANCE ~4224 (SECOND READING) AMENDING CLOSE-OUT AND DISTRESS MERCHANDISE SALE REGULATORY LICENSES, ~AB89-208 Mr. Collins questioned how many businesses have applied for "going out of business" license in the last six months? Kathleen McCluske¥, Director Of Administrative Services, stated to her knowledge 3 or 4. Mr. Collins pointed out that in the Mayor's last Quarterly Report it states the B&O Tax and Sales Tax for the second quarter of this year is higher than it has ever been and he felt it was not reflecting a down retail market. Ms. McCluskey stated businesses in other areas are doing fine and the proposed ordinance is enforceable if there is a problem with a business, having an inappropriate going-out-of-business sale. Actinq President Waibel questioned isn't the license to simply cover the administrative TAPE #57m City Council Reg. Mtg. Minutes August 2, 1989 Page 12 of 12 cost and is $200 somewhat exorbitant for City costs? Ms. McCluskey stated yes. %1540 M/S/C/(Dawkins/Horton) to pass Ordinance #4224, on second reading, revising in pertinent part Chapter 5.12 of Bremerton Municipal Code, relating to the licensing of closing out and distress merchandise sales in the City of Bremerton. Vote: In Favor: Overson, Crutcher, Horton, HOrning, Waibel, Collins, Dawkins Opposed: Johnson With no further business meeting adjourned at 10.25 p.m. KA~HLEEN L. MCCLUSKEY, CITY CLERK ~C~: ~~t~nC~Cil President · KLM/SH/me cc: Normal Distribution File/Vault