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HomeMy WebLinkAbout10/02/2024 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, OCTOBER 2, 2024 CITY COUNCIL MEETING AGENDA Council Members and staff will be participating in the meeting in -person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://bremertonwagov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09  Or One tap mobile: US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 896 9481 3320; Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (Only as necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – September 18, 2024 C. Minutes of Study Session – September 25, 2024 D. Confirm Appointment of Susan Blackburn to the Bremerton Arts Commission E. Acceptance of Port Security Grant through the Federal Emergency Management Agency (FEMA) for the Purchase of a new Rescue/Fire Boat 5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda. Please state your name for the record in person, and limit your comments to under 3-minutes 6. GENERAL BUSINESS – There are no General Business items tonight… 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: October 2, 2024 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 408445 – 408554 and EFT Numbers V41875 - V41947 in the grand total amount of $ 1,845,663.47 2. Regular Payroll for pay period ending September 15, 2024 in the amount of $ 1,088,802.69 3. Regular Payroll payout for pay period ending September 15, 2024 in the amount of $1,885.74 4. Retiree Payroll for pay period ending September 30, 2024 in the amount of $ 30,397.40 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Claims & Check Register as presented. COUNCIL ACTION: Approve Deny Table Continue No Action 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting – September 18, 2024 Study Session Date: N/A COUNCIL MEETING Date: October 2, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on September 18, 2024 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the September 18, 2024 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 18, 2024 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 18, 2024, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Jennifer Chamberlin presiding. Council Members present were Anna Mockler, Michael Goodnow, Jane Rebelowski, Jeff Coughlin, and Denise Frey. Council Member Eric Younger was absent. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell, Assistant City Attorney Brett Jette, City Clerk Angela Hoover, Legislative Office Manager Lori Smith, and IT Manager Dave Sorensen. President Chamberlin announced the City Council is conducting the Council Meeting in-person, and because we encourage community involvement, we invite the public to also join us in person; or participate via a remote option through Zoom or view on BKAT; and announced that tonight’s agenda was amended to add Item 4M under the Consent Agenda. MAYOR’S REPORT – Mayor Wheeler provided highlights of the following items:  The renamed “Bridging Bremerton” event is this Saturday, September 21  Manette Bridge Clean-Up  Dr MLK Way Improvements  Roto Vista Park/Warren Avenue Bridge Clean-Up  September 17 Meeting with State Senator Marko Liias to discuss the Gorst Corridor, Warren Avenue Bridge, and Kitsap Transit Fast Ferries  Tree Give-Away on Saturday, September 21 from 9:00 to 11:00 AM at the Public Works Oyster Bay Facility  Sinclair Inlet Clean-Up on Saturday, September 28 from 11:00 AM to 2:00 PM  Appreciation from Kitsap Lake Homeowner on improvements in Kitsap Lake’s water quality CONSENT AGENDA 4A – Check Numbers 408294 through 408444 and EFT Numbers V41753 through V41778 and V41781 through V41874 in the grand total amount of $3,530,336.54; Regular Payroll for pay period ending August 31, 2024 in the amount of $1,121,140.96; Regular Payroll payout for pay period ending August 31, 2024 in the amount of $11,812.02; and Retiree Payroll for pay period ending August 31, 2024 in the amount of $30,397.40 4B – Minutes of Meeting – September 4, 2024 4C – Minutes of Study Session – September 11, 2024 4D – Acceptance of FY 2023 State and Local Cybersecurity Grant 4E – Interagency Memorandum of Understanding for License Plate Scanning Between Washington State Patrol and Bremerton Police Department 4F – Interlocal Agreement with Kitsap County for Volunteer Litter Clean-Up Services 4G – Exercise of Option by Bremerton Community Theatre, Inc. to Extend Lease 4H – Public Works Agreement with Pape & Sons Construction, Inc. for the Lewis Avenue Sewer Replacement Project 4I – Acceptance of Defense Community Infrastructure Program Grant for Central Bremerton Force Main Replacement Project 4J – Ordinance No. 5498 to amend BMC Section 3.36.020 under Chapter 3.36 entitled “Contingency Reserve Fund” to allow use of General Fund real property sale proceeds for affordable housing City Council Reg. Mtg. Minutes Wednesday, September 18, 2024 Page 2 of 4 4K – Consent for Brian Hauschel to serve additional time as Interim Parks & Recreation Director 4L – Ordinance No. 5499 to amend BMC Section 10.10.070 entitled “Parking Violations” 4M – Claims & Check Register Correction from City Council Meeting on September 4, 2024 There were no questions or comments from the public… 5:49 PM M/S/C/U (Frey/Mockler) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously President Chamberlin announced that Public Recognition provides an opportunity for attendees to address the Council on any issue not already on tonight’s Agenda, and there will be no public comments accepted via Zoom, unless prior arrangements were made through the City Clerk. She further provided a reminder that it is Election Season again; so please refrain from any endorsements or comments about candidates, or ballot measures. We only ask that you state your name for the record and please limit your comments to 3-minutes or less. A timer system will be used so that everyone is treated fairly. PUBLIC RECOGNITION – Joslyn LaMadrid with Bremerton Prayer Walk; Naomie Levine; and Shauna Prius. President Chamberlin announced that Item 6B would be moved up on the Agenda to be heard first: GENERAL BUSINESS 6B – PRESENTATION ON 2024 COMPREHENSIVE PLAN LAND USE ELEMENT: Planning Manager Garrett Jackson explained that as part of the ongoing 2024 Comprehensive Plan Update, this discussion is intended to gather feedback from the City Council on the Land Use Element of the City's Comprehensive Plan. The Land Use element provides the City’s development strategy to absorb forecasted increases in population through the year 2044. A presentation providing a full overview of the Land Use Element will be provided at the meeting. The attached Memo contains resources documenting review of the Land Use Element that has occurred thus far. This is a presentation only, with no action requested by the Council. It is an opportunity for the public to comment. Questions from the public were received by Aldon Bradford; with a response provided by Mr. Jackson… 6A – DIVERSITY & COMMUNITY ENGAGEMENT MANAGER POSITION JOB DESCRIPTION: City Attorney Kylie Finnell highlighted the process for Council’s review and approval of the Diversity and Community Engagement Manager job description. Human Resources Manager Charlotte Nelson was available to provide additional input. Comments from the public were provided by Aldon Bradford, Judge Tracy Flood, and Nancy Lorber… 6:27 PM Motion was made by Mockler; and seconded by Coughlin… Questions and comments were provided by Mockler, Coughlin, Rebelowski, Goodnow and Chamberlin; with a response provided by Ms. Nelson… 6:47 PM M/S/C (Mockler/Coughlin) Move to approve the Diversity & Community Engagement Manager job description as presented. Voted in Favor of Motion: Coughlin, Goodnow, Mockler, Frey Voted Opposed to Motion: Rebelowski, Chamberlin Motion carried: 4-Yes; 2-No City Council Reg. Mtg. Minutes Wednesday, September 18, 2024 Page 3 of 4 6C – RESOLUTION NO. 3387 TO DESIGNATE THE 900 BLOCK OF WASHINGTON AVENUE (COMMONLY REFERRED TO AS LOWER WASHINGTON AVENUE) AS A PERMIT-ONLY RESIDENTIAL RESTRICTED PARKING ZONE: Council Member Jeff Coughlin summarized that neighbors along the 900 block of Washington Ave have requested the establishment of a residential permit-only zone, which requires Council to create via BMC 10.10.040(e). This is due to a marked (60%) decrease in parking availability from the Washington and 11th project, with reports that non- street-residents are taking up the limited parking in both day and nighttime. This is in-line with existing permit-only residential restricted parking zones, such as Highland Ave. Comments from the public were provided by Ashley Brewer, Dr. Kelsie Amstutz, Lydia Vehil, Beth Nolan, Andrea Triggerson, Aldon Bradford, and Joe Biehl… 7:10 PM Main Motion was made by Frey; and seconded by Mockler… Questions and comments were provided by Frey, Mockler, Rebelowski, Goodnow, and Chamberlin; with responses provided by Contracts Administrator Melinda Monroe and Council Member Coughlin… No Vote Main-Motion/S (Frey/Mockler) Move to pass Resolution No. 3387 designating the 900 Block of Washington Ave (commonly referred to as Lower Washington Ave) as a Permit-Only Residential Restricted Parking Zone. 7:30 PM Amending Motion was made by Mockler; and seconded by Chamberlin… Questions and comments were provided by Mockler, Chamberlin, Goodnow, and Rebelowski; with responses provided by Contracts Administrator Melinda Monroe and Council Member Coughlin… 7:45 PM Amending Motion/S/C (Mockler/Chamberlin) Move to postpone this item to allow for further discussion during the Study Session on September 25, 2024. Voted in Favor of Motion: Rebelowski, Goodnow, Mockler, Frey, Chamberlin Voted Opposed to Motion: Coughlin Amending Motion carried: 5-Yes; 1-No COUNCIL MEMBER REPORTS Anna Mockler provided a summary of the most recent District 6 Town Hall Meeting, thanking Finance Director Mike Riley and Budget Analyst Lauren Ellington for attending to talk about the City’s Budget process. Jane Rebelowski thanked Adam Doehrel for taking the time and effort to submit over 400 photos parked in the bike lane on 11th Street, that led to the legislation passed by Council earlier this evening; announced that the next District 4 Townhall Meeting on October 3 has been cancelled; the Peninsula Dance Theatre’s Season Opener Dinner & Auction would be on Saturday, September 28 at 5:00 PM at the Kitsap Conference Center, and shared their Season Schedule of Events; and lastly, encouraged people to take the “Week Without Driving” Challenge through October 6. Jeff Coughlin thanked Council Member Rebelowski for her leadership to make sure the bike lanes stay protected; thanked the Mayor and the Parks Department for their focus on Roto Vista Park; encouraged the community to participate in the 6th Street Active Transportation Improvement Project Virtual Meeting on Thursday, September 19 from 6:00 to 7:00 PM; shared a list of upcoming events downtown; and looked forward to the Bridging Bremerton Event on Saturday, September 21. Denise Frey thanked Josh Farley for initiating the Bridging Bremerton Event on Saturday, September 21 starting at 10:00 AM from Evergreen Pizza Plaza. President Chamberlin announced a “Tipping the Pain Scale” Film Screening on Friday, September 20 starting at 6:15 PM in Building 7, Room 132 at Olympic College; and stated that volunteers for the Warren Avenue Bridge Clean-Up on Saturday, September 21 starting at 9:00 AM will get a work City Council Reg. Mtg. Minutes Wednesday, September 18, 2024 Page 4 of 4 vest, supplies, and donuts from Café Perfetto. President Chamberlin called a break from 8:00 to 8:10 PM… EXECUTIVE SESSION At 8:10 PM, President Chamberlin announced that Council would meet for 20-minutes to discuss “Pending Litigation” pursuant under RCW 42.30.110 (1) (i), and would return to take action. President Chamberlin called the meeting back to order at 8:30 PM… 8:31 PM M/S/C/U (Rebelowski/Goodnow) Move to approve the City Attorney or retained outside counsel to pursue any necessary legal action to abate nuisances and code violations, collect fines imposed for nuisances and code violations, and collect any fees and costs associated with the abatement of nuisances and code violations at: 1925 5th Street in Bremerton, WA. Motion carried unanimously… President Chamberlin announced the next Study Session would be on Wednesday, September 25 beginning at 5:00 PM in the Council Conference Room; and that the public is welcome and encouraged to attend in-person or remotely via Zoom, but there will be no opportunity to comment. With no further business, President Chamberlin adjourned the Council Meeting at 8:32 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manage APPROVED by the City Council on the 2nd day of October, 2024. ________________________________________ JENNIFER CHAMBERLIN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – September 25, 2024 Study Session Date: N/A COUNCIL MEETING Date: October 2, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on September 25, 2024 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the September 25, 2024 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C CITY COUNCIL STUDY SESSION MINUTES Wednesday, September 25, 2024 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, September 25, 2024 at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government Center at 345 6th Street, with Council President Jennifer Chamberlin presiding. Other Council Members present were Denise Frey (Remotely), Jeff Coughlin, Michael Goodnow, Anna Mockler, and Eric Younger. Council Member Jane Rebelowski was absent. Legislative Office Manager Lori Smith provided staff support. President Chamberlin announced that the Study Sessions are always open for the public to attend in-person or view remotely, but there will be no opportunity for public comment. It was further established that questions or comments by the public may be submitted on any item at any time by email to City.Council@ci.bremerton.wa.us. And any of the items approved for action by the Council tonight will be placed on the October 2, 2024 Council Meeting Agenda (or as otherwise determined). Zoom recordings of Study Sessions will also be available online within a few days following the meeting. A. PRESENTATION ITEMS 1. Presentation on Utility Land Management Plan Update Resource Assessment – Forestry Manager Sean Walsh; and Wendy Wente and Brent Keller with Mason, Bruce & Girard, Inc. 2. Recommendations of Lodging Tax Advisory Committee Transition Study – Lori Main, Westbrook | Main, LLC B. AGENDA BILL BRIEFINGS 1. Confirm Appointment of Susan Blackburn to the Bremerton Arts Commission Consent Agenda 2. Acceptance of Port Security Grant through the Federal Emergency Management Agency (FEMA) for the Purchase of a new Rescue/Fire Boat Consent Agenda President Chamberlin called a break from 6:33 to 6:45 PM… 3. Proposed Resolution No. 3387 to designate the 900 Block of Washington Avenue (commonly referred to as Lower Washington Avenue) as a Permit-Only Residential Restricted Parking Zone Referred to Administration C. GENERAL COUNCIL BUSINESS 1. Discussion of Council Professional Services/Travel/Training Budget Surplus – Council President Chamberlin 2. Overview of Association of WA Cities Social Media Webinar – Council Member Jeff Coughlin 3. Public Works Committee Briefing (Last Meeting 9/17/24) – Vice Chair Jeff Coughlin 4. Audit Committee Briefing (Last Meeting 9/23/24) – Chair Anna Mockler 5. Overview of Association of WA Cities Municipal Budgeting 101 Webinar – Council Member Anna Mockler 6. Finance, Invest & Parking Committee Briefing (Last Meeting 9/24/24) – Chair Michael Goodnow City Council Study Session Minutes Wednesday, September 25, 2024 Page 2 of 2 7. Regional and Other Committee/Board Briefings 8. Other General Council Business, including the Cities Internal Administrative Polices was discussed. President Chamberlin announced that the next Council Meeting will be on Wednesday, October 2, 2024 beginning at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center; and established that the public is invited to attend in person or remotely, but anyone wishing to speak during Public Recognition via Zoom must submit their request through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the meeting. With no further business, the Study Session was adjourned at 8:18 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 2nd day of October, 2024. JENNIFER CHAMBERLIN, Council President ATTEST: ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Susan Blackburn to the Bremerton Arts Commission Study Session Date: September 25, 2024 COUNCIL MEETING Date: October 2, 2024 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Susan Blackburn to Position #4 on the Bremerton Arts Commission. The term expires December 31, 2027. Ms. Blackburn has been a resident for 13 years. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impacts. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Susan Blackburn to the Arts Commission for the term expiring December 31, 2027. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4D 1 Jennifer Hayes From:noreply@civicplus.com Sent:Thursday, July 25, 2024 3:35 PM To:WebMaster; Greg Wheeler; Jennifer Hayes Subject:Online Form Submittal: Application for City Boards / Commissions / Committee CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application for City Boards / Commissions / Committee Date 7/25/2024 First Name Susan Middle Name Field not completed. Last Name Blackburn Home Phone Address1 Address2 Field not completed. City Bremerton State WA Zip 98312 Occupation Artist Employer self Work Address1 Work Address2 Field not completed. City Bremerton State WA Zip 98312 Work Phone Fax Field not completed. 2 Email Education Bachelor's Degrees in Mathematics and Psychology University of Illinois Master's Degrees in Statistics and Human Factors Engineering University of Illinois Local References John Stege 2 Sherri Gamble ( Amy Ernst I am interested in serving: Arts Commission Is this an application for reappointment? No How long have you lived in Bremerton 13 years Why are you applying for this appointment? As both a local artist and a resident of Bremerton, I would like to help Bremerton become a thriving arts community. I believe that art enriches our lives and can be a force that brings people together. The expression of diverse view points through the arts is essential to a cohesive community. Which of your personal and / or professional interests prompted you to apply for this appointment? My personal journey as an artist has highlighted the need for support and encouragement from like-minded people. I would like to do my part in extending that support and encouragement to others in our community. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. no Please list your qualifications for this appointment (include skills, activities, training, education): Technical writing. Information organization. Data collection and analysis. Teaching. What are your community interests (committee, I would love to see Bremerton become a place where people can come and learn about art - through workshops, seminars, special exhibits, festivals, etc. My dream would be to have a facility similar to BARN in Bremerton. 3 organizations, special activities)? Please list any accommodations you need to perform volunteer duties: no We welcome your willingness to serve Bremerton. Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form constitutes a public record and is subject to public release upon request. Prior to release, the following information may be redacted pursuant to RCW 42.56.250(3): Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, driver’s license numbers, identicard numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. Applicants are considered for appointment without regard to race, color, religion, gender, national origin, sexual orientation, age, genetic information, marital or veteran status, or the presence of any disability. Updated 3/24/2020 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 25, 2024 Acceptance of Port Security Grant through the Federal Emergency Management Agency (FEMA) for the Purchase of a new Rescue/Fire Boat COUNCIL MEETING Date: October 2, 2024 Department: Fire Presenter: Chief Pat McGanney Phone: (360) 473-5380 SUMMARY: The Fire Department would like to accept the Port Security Grant through FEMA. This grant will provide the funds necessary to purchase a new rescue/fire boat. This grant has a 25% matching funds requirement. The current boat is an aging vessel with limited capability. The hull is a 1991 Northwind Marine that was repowered in 2018. The firefighting and electrical systems will need to be replaced soon. The cabin on current boat does not allow for injured patients to receive care inside. ATTACHMENTS: Grant approval Letter FISCAL IMPACTS (Include Budgeted Amount): Project Cost Estimate $796,370 City Cash Match Estimate: $199,093 Grant Award: $597,277 STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the Fire Department to accept the Port Security Grant through FEMA for the purchase of a new rescue/fire boat. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 4E From:FEMA GO To:Patrick McGanney Cc:John Payne; Patrick McGanney; Mike Riley Subject:Award Notification (Application Number: EMW-2024-PU-05175) Date:Friday, September 13, 2024 10:22:49 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Pat, Your grant application submitted under the Grant Programs Directorate's Fiscal Year 2024 Port Security Grant Program (PSGP) has been approved for award. Please use the FEMA GO system at https://go.fema.gov to accept or decline your award. Please note that you will have thirty (30) days from the date of this award notification to either accept or decline the award, and that the award must be accepted or declined by an Authorized Organization Representative (AOR) within the FEMA GO system. Instructions for registering within the system and becoming an AOR are available at https://www.fema.gov/gmm- training-resources. Once you are in the system and made an AOR for your organization, your home page will be the first screen you see. You will see a section entitled My Grants. In this section, please select the award acceptance link for EMW-2024-PU-05175 under Fiscal Year 2024 Port Security Grant Program (PSGP). View your award package and indicate your acceptance or declination of award. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. If you have questions on using the FEMA GO system, please reach out to the FEMA GO Help Desk (1-877-585-3242). All recipients are required to comply with FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FEMA Policy (FP) 108-023-1, Environmental Planning and Historic Preservation Policy Guidance. Sincerely, Grants Management Branch Port Security Grant Program Department of Homeland Security / FEMA Published for October 2 Council Meeting Item 5 Public Recognition 10/1/2024 Bremerton City Council: My name is Joslyn LaMadrid, and I am with the Bremerton Prayer Walk. I write this as I am becoming increasingly concerned about the recent enactment of an incredibly broad and unconstitutional ordinance and how the enforcement is being carried out. I realize there was the Supreme Court case of City of Grants Pass v. Johnson, 23-175 (Supreme Court 2024) that was recently handed down, which only emboldened cities to criminalize homelessness. I really hope you hear the spirit in this letter, that I do not think anyone has ill intentions per se. I do believe that our leadership has taken the easy approach, which is to throw everyone in jail, or move them around so pictures can be taken and people can say we have solved this problem. That is not the case…we just dehumanize a group of people. I generally try to address this city counsel from a humanity standpoint, as I believe everyone has value, and everyone is worthy of being treated with dignity and respect. There is not one person I have met in 4 years of consistent interaction that would have chosen this route. There is not one homeless person that wants to be homeless even if that is their current choice. There is not one person suffering from addiction or mental illness that sought this lifestyle out and is enthusiastic about maintaining this type of life. This could be anyone of us on the streets. It could be our family. There are so many different facets to this problem, and there is not one solution that will address and correct it. I ask you though to consider a different perspective of potential consequences and the fiscal repercussions. The actions of the city council and the Bremerton Police Department have opened this city up to a plethora of legal challenges and claims, which will necessitate huge expenditures to defend in the judicial system. In addition to potential legal fees and more importantly monetary awards for claims, there are the fees that are associate with the abhorrent enforcement campaign of this administration. The funds used to enforce and defend this ordinance, could most certainly be used in order to create solutions to this problem instead of exacerbating the problem. This concern for fiscal waste derives from the complete lack of a legal analysis of the constraints on local governments through the Federal government (United States Constitution, the State of Washington’s Constitution, and both state and federal laws). The 8th Amendment to the United States Constitution is only one of the amendments implicated from this type of ordinance. The Supreme Court clearly pointed out ad nauseum the other safeguards in place. 1 1 The Constitution and its Amendments impose a number of limits on what governments in this country may declare to be criminal behavior and how they may go about enforcing their criminal laws. Familiarly, the First Amendment prohibits governments from using their criminal laws to abridge the rights to speak, worship, assemble, petition, and exercise the freedom of the press. The Equal Protection Clause of the Fourteenth Amendment prevents governments from adopting laws that invidiously discriminate between persons. The Due Process Clauses of the Fifth and Fourteenth Amendments ensure that officials may not displace certain rules The Supreme Court’s ruling in Grants Pass was incredibly narrowly focused…whereby the only precedent that carries over is the 8th amendment was not implicated in anti-camping ordinances, and the state has an interest in being able to use these tools as only part of a city's tools in combating homelessness. Let us be really clear the Supreme Court consistently stated this, and continuously cautioned should only be used as a last resort…not a catalyst. The Grants Pass opinion was very precise the anti-camping ordinance in question did not criminalize the status of an individual as homeless, but rather the action of camping on public property, and therefore, the 8th Amendment was not implicated. It is incredibly important to note, the Court went to great lengths to discuss the limitations on the police power contained within the anti-camping ordinance in Grants Pass. They stated: (2023). Neither of the named plaintiffs before us has been subjected to an order barring them from city property or to criminal trespass charges. Perhaps that is because the city has traditionally taken a light-touch approach to enforcement. The city’s officers are directed “to provide law enforcement services to all members of the community while protecting the rights, dignity[,] and private property of the homeless.” App. 152, Grants Pass Dept. of Public Safety Policy Manual ¶428.1.1 (Dec. 17, 2018). Officers are instructed that “[h]omelessness is not a crime.” Ibid. And they are “encouraged” to render “aid” and “support” to the homeless whenever possible. Id., at 153, ¶428.3.1 That is not the case with the Bremerton ordinance and how it is currently being enforced. Not only are people barred from city property and subjected to criminal trespass charges, the officers are incorrectly taking people’s items and disposing of them without an opportunity for a hearing or a way to retrieve their personal belongings. This is in direct violation of the 4th Amendment to the United States Constitution and its Washington counterpart. San Francisco uses the anti-camping ordinance as only 1 tool to address the homelessness crisis.” San Francisco Brief 7. The city “uses enforcement of its laws prohibiting camping” not to criminalize homelessness, but “as one important tool among others to encourage individuals experiencing homelessness to accept services and to help ensure safe and accessible sidewalks and public spaces.” Id., at 7–8. Judicial intervention restricting the use of that tool, the Mayor continues, “has led to painful results on the streets and in neighborhoods.” Id., at associated with criminal liability that are “so old and venerable,” “‘so rooted in the traditions and conscience of our people[,] as to be ranked as fundamental.’” Kahler v. Kansas, 589 U. S. 271, 279 (2020) (quoting Leland v. Oregon, 343 U. S. 790, 798 (1952)). The Fifth and Sixth Amendments require prosecutors and courts to observe various procedures before denying any person of his liberty, promising for example that every person enjoys the right to confront his accusers and have serious criminal charges resolved by a jury of his peers. One could go on. Martin, at 8. 8. “San Francisco has seen over half of its offers of shelter and services rejected by unhoused individuals, who often cite” the Martin order against the city “as their justification to permanently occupy and block public sidewalks.” Martin, at 8–9. According to the National League of Cities (a group that represents more than 19,000 American cities and towns), the National Association of Counties (which represents the Nation’s 3,069 counties) and others across the American West, these public-camping regulations are not usually deployed as a front-line response “to criminalize homelessness.” Cities Brief 11. Instead, they are used to provide city employees with the legal authority to address “encampments that pose significant health and safety risks” and to encourage their inhabitants to accept other alternatives like shelters, drug treatment programs, and mental-health facilities. Ibid. The way Bremerton is enforcing this ordinance is the only tool being used currently, in part because we have not reinvested in the resources necessary to offer viable alternatives. There is such a disconnect between what services are needed and what services are available, and the alternative should not be jail. Officers arrest individuals, dispose of left behind property, and individuals are forced to start all over. The enforcement of this ordinance certainly violates the 1st Amendment to the United States Constitution, Article 1 Section 5 of the State of Washington Constitution. Silencing expressions of need is a key strategy used by many local governments to hide the homeless in their communities . Messages driven by a pressing human need are fully covered by the Constitution. Nonprofits and individuals alike have a First Amendment right to communicate a need and invite the listener to help . Additionally, unpopular speech is as deserving of protection as speech that people enjoy. As the Supreme Court has consistently explained , the fact that an “individual confronted with an uncomfortable message" on a sidewalk cannot "turn the page , change the channel , or leave the Web site " is a " virtue, not a vice. " The fact that some people would rather not hear a message is not a legitimate basis for the government to censor that speech . McCullen v . Coakley , 573 US 464 - Supreme Court 2014. There are numerous other holdings that could be implicated by this ordinance under the 1st amendment. There are significant concerns that should raise red flags for this council. I hope and pray we can start to protect our most vulnerable. We don’t have the resources and the answer should not be jail. This is public property, and everyone in our community is entitled to utilize it. Our city government holds the property in trust for the entire community. Not just those who own a house. I would encourage you to take some measures, the least of which should be an independent legal inquiry to the constitutionality of this ordinance, both in the plain language of the ordinance and the selected and targeted enforcement by a police department that is not operating within the confines of the law. Thank you for your time. I pray you receive it and it opens your heart to the potential liabilities and the extreme danger this type of aggressive campaign puts our community in. Respectfully submitted, Joslyn LaMadrid Bremerton Prayer Walk and Rock the Block Published for October 2 Council Meeting Item 3 – Mayor’s Report MAYOR’S REPORT October 2, 2024 Washington Ave Bike Lane Ordinance #5499 to amend BMC Section 10.070 entitled Parking Violations was passed on September 18, 2024. Action Since passing, Load/Unload Zone signs have been removed and replaced with No Parking signs Traffic delineators have been installed to prohibit parking in the area. Streets/Traffic division will check daily to ensure delineators properly placed and not removed Future Next spring, City staff will construct a new curb and gutter and fill in the sidewalk to align with adjacent sidewalk. USS Bremerton Memorial •USS Bremerton memorial would be located near PSNS and on current property of Washington State Department of Transportation (WSDOT) •Recently received agreement from WSDOT allowing City to construct and maintain Navy memorial on the property •WSDOT is working to initiate a transfer of the property to City of Bremerton in future Published for October 2 Council Meeting Item 7 – Council Reports COUNCIL DISTRICT 2 Denise Frey COUNCIL DISTRICT 5 Michael Goodnow