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09/27/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director TBD Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda September 27, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access only Link: https://us02web.zoom.us/J/87600641035 Zoom Webinar ID: 876 0064 1035 Zoom Call -In: 1-253-215-8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Granting a Use and Occupancy License Agreement to Puget Sound Energy for a Twenty (20) Foot Portion of City Parcel No. 012301-3-035-2000 (Hammer) Page 4 D. Adoption of a Resolution Accepting a Temporary Construction Easement for the Lippert Road Repair and Sidewalk Retrofit Project (Hammer) Page 14 E. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Crocker) Page 23 5. PRESENTATION Back to Agenda 6. PUBLIC HEARING A. Ordinance Amending POMC 15.30 and 20.150.270 Pertaining to Stormwater Management (Hammer) Page 37 7. BUSINESS ITEMS A. Continued: Adoption of an Ordinance Amending POMC Chapters 20.68 and 20.38.235 Regarding Accessory Dwelling Unit Owner Occupancy (Bond) Page 38 B. Adoption of an Ordinance Amending POMC 15.30 and 20.150.270 Pertaining to Stormwater Management (Hammer) Page 45 C. Adoption of an Ordinance Imposing a One -tenth of One Percent Sales Tax Dedicated for Transportation in the City of Port Orchard (Crocker) Page 47 D. Second Reading and Adoption of an Ordinance Amending POMC Section 13.04.010 by Increasing Water Rates (J. Brown) Page 53 E. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget (Crocker) Page 64 F. Adoption of an Ordinance Re -authorizing the Separate Position of Citv Engineer. and Establishing General Duties and Qualifications (Lund) Page 75 G. Adoption of a Resolution Confirming Appointments of Code Enforcement Officer, Public Works Director, and City Engineer (Lund) Page 80 H. Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Road Maintenance Costs Due to WSDOT Required Detour (Hammer) Page 83 I. Approval of the September 13, 2022, City Council Meeting Minutes Page 92 8. DISCUSSION ITEMS (No Action to be Taken) A. Community Event Center Design Alternatives- Feature Wall and Ceiling Concepts (Mayor) Page 100 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and Tourism October 17, 2022; 9310am Remote Access Utilities October 11, 2022; S:OOpm Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. September 27, 2022, Meeting Agenda Page 2 of 3 Finance October 18, 2022; 5:00pm Transportation September 27, 2022; 4:30pm; 4tn Tuesday of > each month Festival of Chimes & Lights October 17, 2022; 3:30pm r Land Use October 19, 2022; 4:30pm Lodging Tax Advisory TBD; 2022 Sewer Advisory October 5, 2022; 6:30pm Outside Agency Committees Varies Back to Agenda Remote Access Remote Access Remote Access Remote Access City Hall Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. September 27, 2022, Meeting Agenda Page 3 of 3 aw City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 del iN � i -1 (360) 876-4407 • FAX (360) 895-9029 --Mw.. ` . Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: September 27, 2022 Subject: Adoption of a Resolution Granting a Prepared by: K. Chris Hammer Use and Occupancy License Agreement Interim Public Works to Puget Sound Energy for a twenty Director/City Engineer (20) Foot Portion of City Parcel No. Atty Routing No: 366922-0009 012301-3-035-2000 Atty Review Date: 09/07/2022 Summary: The City of Port Orchard owns a parcel of land located at the intersection of Bethel Rd SE and SE Salmonberry Rd, Kitsap County Tax Parcel No. 012301-3-035-2000 (the "Property"). Puget Sound Energy has requested a Use and Occupancy License Agreement (the "Agreement") to install a replacement power pole for construction the SE Salmonberry Rd Tree Wire Project (the "Project") on the North twenty (20) feet of the Property (the "Premises"). The Agreement would grant Puget Sound Energy the right to use the Premises to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity as an interim measure until such time as the City of Port Orchard has need for the Property and/or Premises. The City is planning to convert the Property and/or Premises to right of way in the future with the planned roundabout project at Bethel Road SE and Salmonberry Road. Consistent with the terms of the Agreement if approved, following the initial installation, repair or extension of its facilities, Puget Sound Energy will restore landscaping and surfaces and portions of the Premises impacted by Puget Sound Energy's work to the condition existing immediately prior to such work. After the City provides 6-months advance notice to Puget Sound Energy of its need for the Premises or Property, Puget Sound Energy will remove/relocate its utilities at its own cost. After the City provides such notice to Puget Sound Energy and Puget Sound Energy complete the removal and restoration, its rights to utilize this Property will terminate. Relationship to Comprehensive Plan: Chapter 8-Transportation Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Use and Occupancy License Agreement with Puget Sound Energy. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to sign the Use and Occupancy Permit with Puget Sound Energy. Fiscal Impact: None Alternatives: None Attachments: Resolution No. 093-22 and Use and Occupancy License Agreement 1678253.1- 366922 -0009 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A USE AND OCCUPANCY LICENSE AGREEMENT WITH PUGET SOUND ENERGY FOR THE TEMPORARY CONSTRUCTION AND MAINTENANCE OF UTILITIES IN THE NORTH TWENTY (20) FEET OF KITSAP COUNTY TAX PARCEL NO. 012301-3-035- 2000 WHEREAS, the City of Port Orchard owns a parcel of land located at the intersection of Bethel Road SE and SE Salmonberry Road, Kitsap County Tax Parcel No. 012301-3-035-2000 (hereinafter the "Property"); and WHEREAS, Puget Sound Energy has requested to utilize a portion of this Property to install a replacement power pole for construction the SE Salmonberry Rd Tree Wire Project on the North twenty (20) feet of the parcel of land located at the intersection of Bethel Rd SE and SE Salmonberry Rd (Tax parcel No. 012301-3-035-2000); and WHEREAS, the Agreement would provide Puget Sound Energy the right to use the identified area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity as an interim measure until such time as the City of Port Orchard has a need for the identified area or Property; and WHEREAS, the City has a right of way project planned for the Salmonberry Road and Bethel Road SE intersection adjacent to the Property and which is expected to impact the Property and impact PSE's interim use; and WHEREAS, following the initial installation, repair or extension of its facilities, Puget Sound Energy will be required to restore landscaping and surfaces and portions of the property affected by Puget Sound Energy's work to the condition existing immediately prior to such work; and WHEREAS, when directed by the City, Puget Sound Energy agrees that it will remove/relocate its utilities from the Property and the City will coordinate with Puget Sound Energy to find a suitable relocation for these facilities; and WHEREAS, the grant of this Use and Occupancy License Agreement over and across City - Owned property requires authorization by the City Council; and WHEREAS, the City Council desires to grant a Use and Occupancy License Agreement to Puget Sound Energy under the terms and conditions contained therein; and Back to Agenda Resolution No. Page 2of2 WHEREAS, the City Council finds that the grant of the requested License Agreement is in the best interests of the residents of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute a Use and Occupancy License Agreement with Puget Sound Energy for that portion of the north twenty (20) feet of assessor's tax parcel no: 012301-3-035-2000, in a form acceptable to the City Attorney. THAT: This Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 27th day of September 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk RETURN ADDRESS: Puget Sound Energy, Inc. Real Estate Department Attn: Connie Corpuz 3130 So. 38th Street Tacoma, WA 98409 PUGET SOUND ENERGY USE & OCCUPANCY LICENSE AGREEMENT OWNER: LICENSEE: SHORT LEGAL: ASSESSOR'S PROPERTY TAX PARCEL CITY OF PORT ORCHARD PUGET SOUND ENERGY, INC. NW / SW 01-23N-01E 012301-3-035-2000 THE CITY OF PORT ORCHARD, a Political Subdivision of the State of Washington ("Owner"), hereby grants to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), a USE and OCCUPANCY LICENSE AGREEMENT ("Agreement") for the purposes described below over, under, along, across and through the following described real property ("Property") in Kitsap County, Washington: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: STARTING AT A POINT WHICH IS SOUTH 89012' EAST 30 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 1; THENCE SOUTH 89012' EAST 230 FEET; THENCE SOUTH 00036' WEST 139.76 FEET; THENCE NORTH 88012' WEST 230 FEET; THENCE NORTH 00036' EAST 139.76 FEET TO THE POINT OF BEGINNING; EXCEPT ANY PORTION THEREOF LYING WITHIN SE SALMONBERRY ROAD AND BETHEL ROAD SE. Except as may be otherwise set forth herein PSE's use and occupancy shall be exercised upon that portion of the Property (hereinafter "Premises') described as follows: THE NORTH TWENTY (20) FEET OF THE ABOVE DESCRIBED PROPERTY. Use and Occupancy License Agreement EPO-13 SALMONBERRY 3PH TREE WIRE FDR — PORT ORCHARD P01 & P02 #153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 1 of 5 c as a 0 �a 1. Purpose. PSE shall have the right to use the Premises to construct, operate, m; m in, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of electricity (hereinafter "facilities") as an interim measure until such time as the City of Port Orchard commences construction as described in Section 6 below. Such systems may include, but are not limited to: Overhead facilities. Poles and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its facilities, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Premises over and across the Property to enable PSE to exercise its rights granted in this Agreement. 2. Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation on the Premises. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Premises. 3. Restoration. Following initial installation, repair, extension or removal of its facilities, PSE shall restore landscaping and surfaces and portions of the Property affected by PSE's work to the same or better condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration obligations under this paragraph as soon as reasonably possible after the completion of PSE's work, but in no case shall the restoration take longer than 180 days. 4. Owner's Use of Property and Premises. Owner reserves the right to use the Property and the Premises for any purpose not inconsistent with the permissions herein granted, provided, however, Owner shall not excavate within or otherwise change the grade of the Premises or construct or maintain any structures on the Premises without a minimum of six (6) months' notice to PSE, and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's written consent. 5. Property and Premises Not Part of Franchise Area. PSE's Franchise Agreement with the Owner dated August 23, 2016 is for PSE's use of the Owner's right of way only. The Property and Premises are currently not right of way and therefore are outside of the Franchise Area and thus are not under the terms of the Franchise Agreement. PSE's removal or relocation of its facilities onto, within, or outside of the Premises or Property shall not be considered to be a "relocation" under the terms of the Franchise Agreement. 6. PSE Not Entitled to Relocation Compensation. Should Owner have a public improvement project for the expansion, improvement, relocation or maintenance of the right-of-way of SE Salmonberry Road and/or a project which impacts the Property and such public improvement either impacts or makes it necessary for utilities, including electric lines and/or appurtenances, to be removed or relocated, or if the Owner determines that it is in the Owner's interest that the utilities, including electric lines and/or appurtenances, to be removed or relocated, then PSE, its successors and assigns agree to remove or relocate all of its facilities from the Property no later than six (6) months from the date of Notice from Owner. Furthermore, PSE will not be entitled to any compensation, damages or other value for the repair, removal, relocation or reconstruction thereof EXCEPT for those electric facilities covered by existing Easement AFN 1147978, granted October 18, 1976 by James C. Irish and Dorothy L. Irish, including pole P02 on Page 3 of PSE Work Sketch titled EPO-13 3Ph #2 TW, Electric Oder 101091036. Any removal, repair, relocation, and/or reconstruction of pole P01 and appurtenances will be at the sole cost of PSE and the Owner will provide no compensation for the same. However, Owner will work cooperatively with PSE to locate a Use and Occupancy License Agreement EPO-13 SALMONBERRY 3PH TREE WIRE FDR - PORT ORCHARD P01 & P02 #153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 2 of 5 c as a 0 �a suitable replacement location either within the expanded right-of-way or Property or elsewf m within the Franchise Area to assist PSE in finding a replacement area that will not interfere with any Owner operations or right of way use. 7. Indemnification / Hold Harmless. PSE shall defend, indemnify and hold harmless the Owner, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Property or from any activity, work or thing done, permitted, or suffered by PSE in or about the Property, except only such injury or damage as shall have been occasioned by the negligence of the Owner. This section shall survive termination. 8. Insurance. A. Insurance Term. PSE shall procure and maintain for the duration of the use insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the Property and the activities of PSE and its guests, contractors, agents, representatives, volunteers and employees. B. No Limitation. PSE's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of PSE to the coverage provided by such insurance, or otherwise limit the Owner's recourse to any remedy available at law or in equity. C. Required Insurance. PSE's required insurance shall be as follows: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. Owner shall be included as an additional insured on PSE's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that PSE's insurance coverage shall be primary insurance as respect to the Owner. Any insurance, self- insurance, or self -insured pool coverage maintained by the Owner shall be excess of PSE's insurance and shall not contribute with it. D. Certificate of Insurance and Acceptability of Insurers. PSE shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. PSE may elect at its sole discretion to self -insure all or part of the insurance required herein, and will provide Owner confirmation of its self-insurance program. 9. Termination. Owner may terminate this Agreement by providing PSE with at least six months' notice of the date of termination. Upon receipt of such notice, PSE shall promptly begin removal and/or relocation of its facilities from the Property in accordance with Section 6 of this Agreement. Following such removal and/or relocation, PSE shall restore the Property in accordance with Section 3 of this Agreement. 10. Notices. All notices shall be in writing and deemed to have been given and received: (i) when personally delivered to the Party at the address below; or (ii) 48 hours after being mailed by certified mail with return receipt requested. Notices and invoices shall be sent to the following addresses: Use and Occupancy License Agreement EPO-13 SALMONBERRY 3PH TREE WIRE FDR - PORT ORCHARD P01 & P02 #153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 3 of 5 To Owner: City of Port Orchard Attn. Public Works Director 216 Prospect Street Port Orchard WA 98366 To PSE: Puget Sound Energy, Inc. Real Estate Department 3130 S. 38th St. Tacoma, WA 98409 CC Each Party shall have the right, by written notice given to the other pursuant to the provisions of this paragraph, to change from time to time the respective addresses at which notice shall be given. 11. No Third -Party Beneficiaries. The Parties agree that this Agreement is solely for the benefit of PSE and the Owner and that no rights are granted to any third party by this Agreement. 12. Authority. All Parties executing this Agreement in a representative capacity covenant that all necessary approvals have been granted to provide them with the authority to enter into this Agreement. 13. No Limitation. Nothing in this Agreement shall be deemed to waive any permit requirements that may otherwise be required under local, state or federal law. 14. Non -Waiver Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be and remain in full force and effect. 15. Modification. No waiver, alteration, or modification to any of the provisions of this Agreement shall be binding unless in writing, signed by the duly authorized representatives of PSE and Owner. 16. Entire Agreement. This document and its Exhibits contain the entire agreement between the Parties with respect to the subject matter of this Agreement and shall supersede all prior verbal statements of any officer or other representative of the Parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement. 17. Attorneys' Fees. If any Party employs an attorney to enforce or defend any claim or cause of action arising out of or relating to this Agreement, the prevailing party in any such claim, cause of action or arbitration shall be entitled to recover from the other all such prevailing party's reasonable attorneys' fees, together with all costs and expenses incurred in connection therewith. 18. Cost of Agreement. As consideration for this Agreement, PSE agrees to reimburse the Owner for its actual costs of reviewing, revising, negotiating, and processing this Agreement, including, but not limited to actual attorneys' fees incurred by Owner. Such reimbursement shall be paid in full within thirty (30) days of Owner providing an invoice to PSE for the same. Failure to reimburse the Owner's costs shall be deemed a breach of this Agreement and will entitle the Owner to terminate this Agreement on thirty (30) days written notice. Use and Occupancy License Agreement EPO-13 SALMONBERRY 3PH TREE WIRE FDR - PORT ORCHARD P01 & P02 #153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 4 of 5 DATED this day of 2022. OWNER: PSE: CITY OF PORT ORCHARD a Political Subdivision of the State of Washington By: ROBERT PUTAANSUU, Mayor STATE OF WASHINGTON ) ) Ss COUNTY OF KITSAP ) By: ' Slidwn R. Greninger, Superviso Real Estate I certify that I know or have satisfactory evidence that ROBERT PUTAANSUU is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Mayor of the CITY OF PORT ORCHARD to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: STATE OF WASHINGTON ) ) Ss COUNTY OF PIERCE ) 2022. NOTARY PUBLIC in and for the State of Washington My Appointment Expires: I certify that I know or have satisfactory evidence that SHAWN R. GRENINGER is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as Supervisor, Real Estate of PUGET SOUND ENERGY to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 2022. NOTARY s 19? NOTARY PUBLIC in and for the State of Washington PUS 2 �► �ti• ��,4:' �1�:� My Appointment Expires: '•y �.9 '•...•• E1lPR:�•'�.• OF Use and Occupancy License Agreement EPO-13 SALMONBERRY 3PH TREE WIRE FDR — PORT ORCHARD P01 & P02 #153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 5 of 5 LU re Q W 2 W W Q L1J z U.j U_ .J LU I - MS J W U U d I a o oN � 0 a a.. N O d � N N Q-� �C_ QN ... cfl Q�U - I i --x C) W 0 a Ln c` ai Ni rVjj r its p M II �N `CCU aka cpv Q � n �9 Hd350f' -� co �o -- - n� co 0 co II W O l Ln II ti a � Ln LO H 5 N m W _O ww to EZ ¢' W ct? U)w oQ o uJ Wp o Uw II Z� X M O0 o N LUL w N li ~ z w U) uw 0 oU7��r.dll II d ,oa. W X Q1V I i H ` N O X � O N I j 6``M1 rn rn ". `. � 0 -� LO II II N N MHO Ltd O .M— PUGET SOUND ENERGY Puget Sound Energy P.O. Box 97034 Bellevue, WA 98009-9734 PSE.com September 20, 2022 City of Port Orchard Attn: Public Works Director 216 Prospect Street Port Orchard, WA 98366 RE: Puget Sound Energy Self -Insured Status Confirmation Dear Port Orchard Public Works: Back to Agenda Puget Sound Energy maintains a comprehensive program of risk retention and insurance. Our insurance program for general liability, auto liability, employer's liability and workers compensation insurance has substantial limits in place. The self -insured retention, currently $2,000,000 per occurrence, may fluctuate from year to year; however it is always consistent with our net worth and cash flows. Evidence of capacity to pay claims can be accessed at hM2://www.pu etg energy.com/pa esg /filin sg html via SEC IOK and 1 OQ filings. Excess insurance protection is purchased, which is consistent with that of other utilities our size. Puget Sound Energy hereby commits its self-insurance program to its indemnity obligations for City of Port Orchard. Puget Sound Energy will respond to the same extent as if a policy of insurance was in place naming City of Port Orchard as additional insured. PSE will continue to provide appropriate amounts of insurance coverage to protect its interests as well as those of other parties to whom it is specifically obligated. Sincerely, g, �Z& w4&4/a- Julie Milbrandt Insurance Risk Program Manager Puget Sound Energy Cc: Connie Corpuz, PSE Real Estate City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Adoption of a Resolution Accepting a Back to Agenda Meeting Date: September 27, 2022 Prepared by: Chris Hammer Temporary Construction Easement for the Lippert Road Repair and Sidewalk Atty Routing No: Retrofit Project Atty Review Date: City Engineer 366922-0009 — PW 09/21/2022 Summary: As a component of the previously -approved Lippert Roadway Repair and Sidewalk Retrofit project, and to facilitate the reconstruction of a driveway connection to current standards, the City has requested and received a temporary construction easement from a fronting property owner, the Kitsap County Consolidated Housing Authority. This work is necessitated by the street roadway and sidewalk repairs and is of mutual benefit to the property owners and the City. Staff is seeking authorization from Council to accept the temporary construction easement. Recommendation: Staff recommends that the City Council adopt Resolution No. 097-22, thereby authorizing the Mayor's representative the Public Works Director to accept and execute the easement. Relationship to Comprehensive Plan: Chapter 8: Transportation Motion for Consideration: I move to adopt Resolution No. 097-22, authorizing the Mayor or designee to execute a temporary construction easement for the Lippert Road Repair and Sidewalk Retrofit project. Fiscal Impact: None. There is no additional cost to the project as currently designed. Alternatives: Do not approve Attachments: Resolution No. 097-22 Temporary Construction Easement Back to Agenda RESOLUTION NO. 097-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE LIPPERT ROADWAY REPAIR AND SIDEWALK RETROFIT PROJECT. WHEREAS, the City Public Works Department is currently undertaking the Lippert Roadway Repair and Sidewalk Retrofit project; and WHEREAS, temporary construction easements from an abutting property owner is needed to reconstruct the portion of the driveway entrance within the public right of way, as required to meet current standards and facilitate the City's project; and WHEREAS, on September 19, 2022, the fronting property owner, Kitsap County Consolidated Housing Authority, agreed to provide temporary construction easements; and WHEREAS, construction of the Lippert Roadway Repair and Sidewalk Retrofit project is currently underway, thus time is of the essence; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves and authorizes the Mayor or designee to execute the temporary construction easement for the Lippert Road Repair and Sidewalk Retrofit project attached hereto as Exhibit A and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 27th day of September, 2022. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF VEHICLES FOR THE EQUIPMENT RENTAL REVOLVING FUND. WHEREAS, the City Council has approved Ordinance No. 035-20, approving the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Biennial Budget includes $709,000 for capital purchases of vehicles and equipment for the Equipment Rental and Revolving fund; and WHEREAS, the Biennial Budget review identified the need for additional vehicles to be purchased. Ordinance No. 050-21 amended the budget to include the purchase of 6 additional vehicles and increase the fund by $343,630; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, the attached purchase order is for the purchase of vehicles in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the purchase orders are for vehicles that meet the fleet standardization policy as adopted by the City Council, and are consistent with the 2021-2022 Biennial Budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of all vehicles listed in the purchase order attached hereto in Exhibit A. The Mayor or his designee is authorized to take action consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 27`" day of September 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Back to Agenda When Recorded Return To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT Reference Numbers of Documents Assigned or Released: N/A Grantor(s): (1) Kitsap County Consolidated Housing Authority Grantee(s): (1) City of Port Orchard Legal Description (abbreviated): LOT A CITY OF PORT ORCHARD SHORT PLAT NO. PO-110 RECORDED UNDER AUDITOR'S FILE NO. 7809290133. THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SECTION 2, S87*32'40 E 754.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S87*32'40 E 430.77 FEET; THENCE S20*47'35 W 347.56 FEET; THENCE S87*32'40 E 432.28 FEET TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE ALONG SAID MARGIN S22*40'50 W 179.84 FEET TO INTERSECTION OF THE WESTERLY MARGIN OF SIDNEY ROAD AND THE NORTHERLY MARGIN OF LIPPERT DRIVE; THENCE ALONG SAID NORTHERLY MARGIN OF LIPPERT DRIVE N88*01'58 W 696.27 FEET; THENCE LEAVING SAID NORTHERLY MARGIN N3*13'07 E 504.72 Back to Agenda FEET TO THE POINT OF BEGINNING; EXCEPT THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 2: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE ALONG THE NORTH LINE OF SAID SECTION 2, S87*32'40 E 1185.65 FEET; THENCE S20*47'35 W 347.56 FEET; THENCE S87*32'40 E 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S87*32'40 E 412.28 FEET TO THE WESTERLY MARGIN OF SIDNEY ROAD; THENCE ALONG SAID MARGIN S22*40'50 W 179.84 FEET TO THE INTERSECTION OF THE WESTERLY MARGIN OF SIDNEY.ROAD AND THE NORTHERLY MARGIN OF LIPPERT DRIVE; THENCE ALONG SAID NORTHERLY MARGIN OF LIPPERT DRIVE N88*01'58 W 366.27 FEET; THENCE LEAVING SAID NORTHERLY MARGIN N7*49'23 E 172.63 FEET TO THE POINT OF BEGINNING. Assessor's Tax Parcel ID#: 022301-2-122-2005 WHEREAS, the Grantee, the City of Port Orchard, its contractors, agents and assigns (together, the "City"), a Washington municipal corporation, desires to use real property owned by the Grantor, Kitsap County Consolidated Housing Authority, to facilitate the construction of a municipal project of public benefit; and WHEREAS, as a result of work performed by the City, the Grantor will derive benefit including, but not limited to, a partially new and reconstructed driveway entrance; and NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows- 1 . Grant of Temporary Construction Easement. The Grantor hereby grant(s) to the City, its contractors, agents and assigns, subject to the conditions set forth herein, a temporary, non -transferable, non-exclusive easement in, upon, over, under, and across a portion of the real property legally described on ExhibR A, depicted in Exhibit B, attached Back to Agenda hereto and by this referenced made a part hereof (the "Easement Area"), situated in the City of Port Orchard, with the rights, privileges and authority to the City, for the purposes of construction of the following project (hereinafter, the "Project"): Repair of asphalt surfacing and curb at driveway entrance to match new sidewalk and driveway entrance grades to the Property, described in the document. This work is part of the Lippert Sidewalk and Pavement Repair project. Work included in the project that is not associated with the driveway entrance will be performed within the limits of the City's right-of-way, which is located adjacent to the parcel. 2. Conditions. This easement is granted and accepted subject to the following conditions: A. Grantor shall not obstruct, or permit its agents to obstruct, the Easement Area in any manner that will materially prevent or interfere with the performance of the Project. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the City's rights hereunder. B. This Easement and its terms and conditions shall be binding on the Parties and their respective successors, heirs and assigns. This Easement shall not be recorded against the real property unless the Grantor proposes to convey the real property to a third party prior to the termination or expiration of the Easement as provided herein. Grantor shall notify the City of any proposed conveyance of the real property at least sixty (60) days prior to any conveyance. Grantor warrants that Grantor owns fee title to the real property and warrants the City quiet enjoyment of the Easement. Back to Agenda C. The City shall, upon completion of the construction project, restore any premises of the Grantor(s) disturbed by the City, to as good or better condition as it was in prior to construction of the project. D. This Temporary Construction and Access Easement shall expire 18 months from the date of signature or formal close out of the project by the City, whichever occurs first. E. The Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for loss, damages, and expenses on account of damage to the property or injury to persons resulting from or arising out of the rights hear in granted to the Grantee and/or its contractors, employees, and agents. All notices required hereunder shall be sent by U.S. regular or certified mail or by overnight mail to a party at the address below its signatures to this document. This Temporary Construction and Access Easement, and all of the terms, conditions, rights and obligations herein contained, shall inure to the benefit of and be binding upon the parties hereto, their successors, lessees and assigns. This document may only be modified in writing, signed by an authorized representative of Grantor and the City. This document may be executed in identical counterparts and electronically transmitted signatures shall be considered effective and shall be considered a representation that fully executed and authenticated original signed documents have been retained by the party transmitting the electronic version of this document. Back to Agenda �►.��•ZZ Grantor Date Grantor STATE OF WASHINGTON ) ) ss. County of Kitsap ) Date On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared Akn thcr 6/pud{v /�Ai/a/sic %s�to me known to be the individuals who executed the foregoing Temporary Construction Easement and acknowledged to me that they signed the same for the uses and contents therein mentioned. DATED this /9 day of Saoee4*ber 202Z . NOTARY PUB IC Print NameclJoylet �• YGY� My appointment expires: 3 zg zozq [if grantor is a corporation or LLC] STATE OF WASHINGTON ss. Back to Agenda _ LU E 0- a) ul 0- UJ 2 O C 0 (D CCD Q� 0 o O CL E ui C.) (D z < rr- CD C) W LU Fj E N (D Cl m CL C\l 0- o4 CD 0� 027 m 4 a) LU U pew U) JZ < LU LU CG LL, LU ZE LU 0 < a- LU w Cr. ;W 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4E Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 Back to Agenda Meeting Date Prepared by September 27, 2022 Noah Crocker Finance Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City Council adopted the 2021-2022 Biennial Budget, which included $709,000 for the purchase of vehicles and equipment for the Equipment Rental and Revolving Fund 500. The Biennial Budget review identified the need for additional vehicles to be purchased. Ordinance 050-21 amended the budget to include the purchase of 6 additional vehicles and increase the fund by $343,630. The City is following RCW 43.19.648 which requires local governments, to the extent determined practicable by the rules adopted by the department of commerce, to satisfy the fuel usage for operating publicly owned vehicles from electricity and biofuels. The purchase of 4 Ford F150 Lightening (BEV) will meet this standard. The City's Procurement Policies require City Council approval for purchases costing $35,000 or more. The equipment listed in the proposed resolution is within the limits of the Biennial Budget and meets the City's fleet standardization policies. The proposed Resolution is to provide the City Council's approval of the vehicle purchases in accordance with the procurement procedures established by the City Council. Recommendation: Staff recommends approving the Resolution as proposed. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a resolution, providing City Council approval of the purchase of vehicles and equipment in accordance with the City's fleet standardization policies and the 2021-2022 Biennial Budget." Fiscal Impact: Estimate Cost: —$ 236,000 including sales taxes, outfitting of the vehicles and miscellaneous expenses. Alternatives: Do not approve resolution and provide alternative guidance. Attachment: Resolution. City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Bud Clary Ford/Hyundai 700 7th Avenue P.O. Box 127 Longview, WA 98632 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us PURCHASE Back to Agenda ORDER ON P.O. No. 051-22 Date: September 8, 2022 Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Ordered By: Authorized Signature: a Tony Lang 4Lt/C&,--z Public Works Department City Clerk or uthorized Representative Signature Qty Unit Price Total 4 2022 Ford F150 Lightning, Battery Electric Vehicle $52,312.50 $209,250.00 "Please see attached Quote # 2022-8-670 and attached documents for more information. IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE Varies. See attached docs. Subtotal $209,250.00 Sales Tax (8.4%) $17,577.00 Bal Due $226,827.00 Mom ondershare ReV DFelement Contract Automobile Request Sys iRt lateDepanmentof ire rise Services Organization Purchase Request Details Organization Information Contract #: 05916 - Motor Vehicles Status: Submitted To Dealer 21802 - PORT ORCHARD, CITY OF - Organization: 21802 Order Contact: Tony Lang Contact Phone: 360.535.2490 Contact Email: tonylangl4@gmail.com Dealer: Bud Clary Ford/Hyundai - W403 Dealer Address: 700 7th Avenue PO Box 127 Longview WA 98632 Internal Notes: Comments To V170-V173 (x4) Dealer: Dealer 22-0441 V170-V173 Reference #: Return to Org Requests Quote #: 2022-8-670 Submit Date: 08-23-2022 Order Date: Expected Delivery Date: Delivery Date: Cancel Date: Organization Reference PO# 021-22 Organization PO #: Dealer Contact: Kathleen Brennan Dealer Phone: (360) 423-4321 Ext: 7183 Dealer Email: ford.orders@budclary.com Dealer 22MY balanced out - reorder 23MY. Please send a copy of your PO. 08/24/22 Updated cost of service j � manual to reflect QTY one, added info block, delete #892 Radio Prewire (Requires Day Wireless Comments: package) (DW892) $177.00 Color Options Color Name Quantity Oxford White (YZ) 4 Tax Exempt: N Vehicle Options Order Code Order Code Description Qty Unit Price I Ext. Price 2023-0826-001 2023 Ford F150 Lightning, Battery Electric Vehicle (BEV) 4 $44,792.001 $179,168.00 "Vondershare Back to Agenda IDFelement 2023-0826-002 INFORMATION ONLY: Order -to -delivery timing remains very fluid d i the continuing global supply chain shortages, labor instability and high I i volume of nationwide orders being submitted. Ford Motor Company is not able to guarantee that this vehicle will be produced during the current model year production cycle. Also, due to uncontrollable increasing costs of raw materials, Ford might not be able to provide price protection for 1 vehicles that will need to be re -ordered as 2024 model year. If Ford is unable to build this vehicle, we will contact you when we receive notification, offering the choice of order cancellation without penalty or acceptance of 24MY CARS contract pricing to re -order vehicle (and upfits if applicable) with factory expedited scheduling. 2023-0826-003 INFORMATION ONLY: Bud Clary Ford offers a $300 prompt payment 4 $0.00 $0.00 discount if payment is made within 20 days of vehicle delivery. I 2023-0826-004 INFORMATION ONLY: Bud Clary Ford CARS Cancellation Fees: NO fee i to cancel order if vehicle has not been scheduled for production and is able to be cancelled at factory. $500 cancellation fee if vehicle has been serialized and is locked in for production by manufacturer. $750 cancellation fee if vehicle has been delivered to customer and must be 4 $0.00 $0.00 picked up by dealer and re -stocked into inventory. Absolutely NO cancellation if customer has licensed/registered vehicle. Upfits/Equipment ordered for vans, trucks, chassis cabs and police/fire vehicles will have a 10-30% re -stocking fee: custom bodies cannot be cancelled. 2023-0826-010 , 2023 Ford F150 Lightning, Battery Electric Vehicle (BEV), 4WD, PRO Trim Level, Crew Cab, 145in Wheelbase, 5.5ft bed, Dual eMotors, 98kWh Usable Capacity Standard Range High -Voltage Battery (targeted EPA - Estimated Range 230 miles), Mobile Power Cord (120V/240V), 8250# 4 $0.00 $0.00 GVWR, 275/65R 18in All -Terrain Tires, Full -Size Spare Tire, Rear eLocking Axle, Class IV Hitch (W1E/110A/145WB/99L/44L/TTVS) -- THIS IS THE BASE VEHICLE -- Please refer to Vehicle Specification for complete description. 2023-0826-0171 Daytime Running Lights (DRL) (replaces on/off cluster controllable 4 $48.00 $192.00 standard DRLs) (942) 2023-0826-022 Tailgate Step (inc. Tailgate Work Surface) (63T) 4 $456.001 $1,824.00 2023-0826-215 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR) 4 $135,001 $540.00 2023-0826-216 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (Ext/Crew Cabs) 4 $114.001 $456,00 (DLR) 2023-0826-217 Mud flaps, Front (DLR) 4 $88.001 $352.00 2023-0826-218 Mud Flaps, Rear (DLR) 4 $88.00 $352.00 2023-0826-220 Fire Extinguisher, 2.5# Dry Chemical ABC Rated w/ Mounting Bracket, 4 $43.00 $172.00 uninstalled (DLR) 2023-0826-224 SPRAY -IN Bedliner (DLR) 4 $540.00 $2, 160-00 2023-0826-301 AMBER PACKAGE - Mini Lightbar Package. (4) mPower 4in LED amber warning lights, installed (2) on front grill, (2) on rear of vehicle and 17in 4 $2.094.00 $8,376.00 nRoads amber Mini -bar installed on roof of vehicle or cabguard. Wired to 8-button controller. (AL301) 2023-0826-333 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) 4 $698,00 $2,792 00 Back to Agenda . - - 2023-0826-404 Allied Series I Cab Rack - flat perforated aluminum sheet insert with k 'P I /—Z I UU 4�C+'0C5d+'VU;j cutouts for visibility, and solid sheet for protection (ALL CBGD) (TB404) 2023-0826-415 Cab Rack Option - Mini-Lightbar Mount, 10x15, installed centered on cab 4 $128.00 $512.00 guard. (ALL CBGD-BP) (T13415) 2023-0826-432 UWS Crossbody toolbox - 69in Diamond plate single lid shallow (69L x 20W x 15D) (tbs-69) (TB432) 2023-0826-436 UWS Side rail toolbox - 48in long topside lift door, installed driver side. (48L x 12W x 5D upper, 48L x 7W x 7D lower) (tbsm-48) (TB436) 2023-0826-437 UWS Side rail toolbox - 48in long topside lift door, installed passenger side (48L x 12W x 5D upper, 48L x 7W x 7D lower) (tbsm-48) (TB437) 2023-0826-902 Service Manual, CD (DLR) $221.00 each, QUANTITY ONE. Updated per unit cost to $55.25 so extended cost will be $221.00 when four vehicles ordered. 2023-0826-903 Service Wiring Diagram, Paper (DLR) $105.00 each, QUANTITY ONE. Updated per unit cost to $26.25 so extended cost will be $105.00 when four vehicles ordered. Request Totals 4 $724.00 $2,896.00 4 $531.00 $2,124.00 4 $531.001 $2,124.00 4 $55.25 $221,00 4 $26.25 1 $105.00 Total Vehicles: 4 Sub Total: $209,250.00 8.4 % Sales Tax: $17,577.00 Request Total: $226,827.00 © Copyright © 2022 - Department of Enterprise Services ondershare • • " • • DFelement Back to Agenda e�2e)4,6 ORCHARD Equipment [dental & lZevolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water ewer Storm Street Public Works DCD Police Admin Addition or replacement Addition to Fleet Replacement Vehicle / Equipment being replaced: Fleet Standardization Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOTfollow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost Fleet Standard cost Additional cost for consideration 0 7 TOTAL j Ocsclr►��or� ' 01= gla F-lSo fiew"(d : &fjq(1P",A4 4 4110(ia- SvV;Cef �Yf) Back to Agenda STANDARDS FOR VEHICLES Police Dc artment Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SL1V 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and I'lanning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios Antennas 1 Ton Crew Cab 4WD Tool Boxes Administration and Plannisrk Standard Vehicle Type Chassis Drive Train u Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and re guest aj)prova I for purchase. Approved for purchase by; I:R Representative Date Back to Agenda 4el 7N � ?L'7 # �,8 Z4-le ORCHARD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water Sewer Storm Street Public Works DCD Police Admin Addition or replacement }t: Addition to Fleet Replacement Vehicle / Equipment being replaced: Fleet Standardization Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOT follow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost Additional cost for consideration W77J-9Fleet Standard cost TOTAL flocu(emtoo : hip&ne4 W e4v art s- V1ie4r (Al6S) Back to Agenda STANDARDS FOR VEHfCLES Police DeParlmcnl Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SLIV 2WD Vehicle Number Radios 4WD Antennas AWD, Public Works and 1'lnunitig Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2Ton Regular Automatic White City Logo Truck Number Lights 3/4 Ton Extended 2WD Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Pigiming Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request 0 Approved for purchase by: A-li�R Rcprese ullive Date for purchase. Back to Agenda �ORCHrARID Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water Sewer Storm Street Public Works DCD Police Admin Addition or replacement Addition to Fleet Replacemenl Vehicle / Equipment being replaced: Fleet Standardization iC Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOT follow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost Fleet Standard cost Additional cost for consideration CRAdid, city I1610JI bewrJel� TOTAL C. J'-4 Pr150 'b�UA;Ay (F'ev) howa~�: 6oMMMI of �n�v�nf� swictr Wj) Back to Agenda STANDARDS FOR VEHICLES Police Mpurtsnertt Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Nlanniog Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and I'Ituming Standard Vehicle Type Chassis Drive Train Color Graphics Electric Sedans Automatic White City Logo Biofuel SUV 2WD Vehicle Number 4WD AWD Accessories Lights Radios Antennas I have reviewed the vehicles / equipment listed above and request approval for purchase, M Approved for purchase by: 4m�.' R Represen ative Date Back to Agenda ORCHARD Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Department Water Sewer Storm Public Works DCD Police Admin Addition or replacement Addition to Fleet Replacemeni Vehicle / Equipment being replaced: Fleet Standardization Requested Vehicle / Equipment follows fleet standardizations listed below Requested Vehicle / Equipment DOES NOT follow fleet standardizations listed below List items that are not fleet standard and reason for addition Cost Fleet Standard cost 00 Additional cost for consideration MAXV TOTAL 0?0.Z? �;rul �So 0 n9 %FV� l�a✓iurTer,�: �pA/irk d� �r/aPrit� S��iccs �dES� Back to Agenda STANDARDS FOR VEHICLES Police De iartmrni Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2Ton Regular Automatic White City Logo Lights 3/4Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Type Chassis Drive Train Color G_MRhlc; Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request hhrovaI for purchase. �irector�� ate Approved for purchase by: 2j�� 4�6� -g ER& t Representative Date aw aw- M.H City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Ordinance Amending POMC 15.30 and 20.150.270, Pertaining to Stormwater Management Back to Agenda Meeting Date: September 27, 2022 Prepared by: K. Chris Hammer, P.E. Interim Public Works Director Atty Routing No.: 366922.0015 — Storm Atty Review Date: September 7, 2022 Summary: The City of Port Orchard is a permittee under the Washington State Department of Ecology (Ecology) for stormwater via the Phase II Municipal National Pollution Discharge Elimination System (NPDES) Permit. The City's Stormwater Management Program is the City's mechanism for implementing the NPDES Permit, thereby, managing and controlling stormwater runoff so that it does not pollute downstream waters. The City regulates the contribution of non-stormwater discharges to the municipal separate storm sewer system (MS4) at POMC Chapter 15.30. POMC Chapter 20.150 contains additional regulations to supplement those set out in POMC 15.30 for storm and surface water discharge, such as source control and the use of best management practices, by new development and redevelopment within the City under the authority of the Public Works Department. City staff proposes to amend Port Orchard Municipal Code (POMC) 15.30 and POMC 20.150.270 relating to Stormwater Management for compliance with current Ecology standards under the NPDES Permit. Although the City already has certain regulations in place that comply with many of the requirements of the NPDES permit, certain amendments are necessary to enhance the City's regulations pertaining to provisions of the permit relating to inspection and enforcement. The City has an inventory of publicly and privately owned sites that have the potential to generate pollutants and would be responsible for holding routine inspections of these sites and maintaining records of the findings from those inspections. The proposed amendments are consistent with the surface water maintenance and management programs required under the terms of the NPDES permit. The Ordinance is provided on behalf of the City's Public Works Department for Public Hearing and adoption. Relationship to Comprehensive Plan: Chapter 7 — Utilities (Storm) Recommendation: Staff recommends opening and holding the Public Hearing. Alternatives: Do not hold Public Hearing Fiscal Impact: None. Attachments: Ordinance Redlines of POMC 15.30 and POMC 20.150.270 Amendments Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7A Continued: Adoption of an Ordinance Back to Agenda Meeting Date: September 27, 2022 Prepared by: Nick Bond, AICP Amending POMC Chapters 20.68 and 20.38.235 Regarding Accessory Atty Routing No.: Dwelling Unit Owner Occupancy Atty Review Date: Development Director N/A N/A Summary: During the 2021 Regular Session the State of Washington passed House Bill 1220 related to supporting emergency shelters and housing through local planning and development. A new section was added to chapter 36.70A RCW which encourages cities to consider policies encouraging the construction of accessory dwelling units (ADU) as a mechanism to meet affordable housing goals. Earlier versions of various housing bills included language that would prevent cities from requiring owner occupancy on lots where ADUs are allowed, but this provision did not pass the legislature but could be considered by the legislature again in future sessions. Despite the lack of amendments to state law, city staff believes that the owner occupancy requirement in POMC 20.68 is a barrier to ADU construction and that our requirement to record a deed restriction as part of permitting an ADU and that the requirement will create an administrative burden if the legislature acts to prohibit ADU owner occupancy requirements in the future. Moreover, in most districts where ADUs are allowed, duplexes are also allowed and don't include similar owner occupancy requirement. The proposed ordinance would amend the owner occupancy requirements in POMC 20.68.070, .090 and .100 to help encourage the development of ADUs thereby addressing affordable housing goals consistent with the guidance provided by the State Legislature and the City's Comprehensive Plan. Staff introduced removing an owner -occupancy requirement for Accessory Dwelling Units (ADU) to the Planning Commission at the March 1, 2022 Planning Commission meeting where the Planning Commission requested that staff continue to review the owner -occupancy requirements for ADUs. Staff discussed the proposal with the Land Use Committee on April 20, 2022 where the Committee recommended that staff continue working with the Planning Commission on current proposal as drafted. The Planning Commission, after hearing testimony in support of the proposed ordinance, voted to recommend the proposed ordinance for approval to the City Council. At the September 13, 2022City Council meeting, Council moved this item to the September 27, 2022 City Council meeting. The motion on the floor is: MAIN MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to adopt an ordinance amending Port Orchard Municipal Code 20.68 and POMC 20.38.235, as presented. Back to Agenda Relationship to Comprehensive Plan: The suggested Code amendments further Policy HS-4 of the City of Port Orchard Comprehensive Plan's Housing Element. Recommendation: Staff recommends approval of the proposed amendments to Port Orchard Municipal Code 20.68 and POMC 20.38.235 as presented. Motion for consideration: N/A Fiscal Impact: None. Alternatives: Do not approve the proposed ordinance. Consider amendments to the proposed ordinance based on public input. Attachments: Ordinance Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING DEVELOPMENT OF ACCESSORY DWELLING UNITS, AMENDING SECTIONS 20.68.070, 20.68.080, 20.68.090, 20.68.100 AND REPEALING SECTION 20.38.235 OF THE PORT ORCHARD MUNICIPAL CODE, TO REMOVE OWNER -OCCUPANCY REQUIREMENTS FOR ACCESSORY DWELLING UNITS AND REMOVE PARKING REQUIREMENTS, PROVIDING FOR CORRECTIONS, SEVERABILITY, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's land use, zoning and permitting regulations; and WHEREAS, the City Council desires to amend POMC Sections 20.68.070, 20.68.080, 20.68.090, 20.68.100 and repeal 20.38.235 to remove an owner -occupancy requirement of Accessory Dwelling Units; and WHEREAS, the region is in a housing crisis and there is both a need and a demand for more housing of all types, including smaller dwelling units like ADUs which are often a more affordable housing type, will allow people to age in place, or will provide housing for people at different life stages; and WHEREAS, in order to make ADUs more feasible and increase supply, modification of regulations to reduce certain burdensome requirements is required; and WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day expedited review on May 20, 2022 which was granted by Commerce and the requisite time has now passed to allow this ordinance to be adopted; and WHEREAS, on May 20, 2022, the City's SEPA official issued a determination of nonsignificance for the proposed amendments, which was published and provided to the public in accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and WHEREAS, on July 19, 2022, the City issued a Notice of Public Hearing for the proposed amendments to POMC 20.68.070, 20.68.080, 20.68.090, 20.68.100 and the repeal of 20.38.235, which was published and provided to the public in accordance with POMC 20.25.050; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on August 2, 2022, received testimony from the public in support of the Ordir Back to Agenda Page 2of5 proposed changes, and recommended adoption by the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS IQ XVI&I SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. Section 20.68.070 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.68.070 Accessory dwelling units — Application procedures. (1) Procedures. Any property owner seeking to establish an ADU shall apply for approval in accordance with the following procedures: (a) Application. Prior to installation of an ADU, the property owner shall apply for an ADU permit. A complete application shall include a properly completed application form, floor and structural plans for any structural modification, a site plan if detached structures or an addition are proposed, and fees as prescribed in subsection (1)(b) of this section. (b) Fees. I ipeR sale of the p r+" the r pFepeFty ewper shall h �odte sign affidavit and �+ r the n U, payi g The v��c �.` a�rcv '��arrr a��ir�aTr � rcr-crr�rc , application shall be accompanied by the applicable fee in accordance with the city's adopted fee schedule. If new or upgraded water or sewer connections are required, water and/or sewer connection fees shall be required in accordance with POMC Title 13. (e) AceesseFy Dwelling Unit ccrrrcrt.—nTe "v-�v"'vnr"cF vrany pFep" centaining an ADU shall TrFcce with rzthe —Kt$ap ., v-a�iry au a-i-cvraTracce-5s vrp' dwelling unit agFeement and notice t6title -f6F the ADU. Such agFeement and ceuneilr w;h-irch has been �e-r-ra��e��$�t�lAD , (ii) affirrnate+�tl-a-+ the ieAnr^r-shall r eccupy eitheF themain building eF the —A I Iry --(wiles ADU is •,ter cemrrrr^eFe6al eF FndwstFFal develepme andthat the pFepeFty ewneF agFees to all Feqi4iFements pFevidedinthis ehapteF; and (iirrthe eavnditiernS neGeSsaFy W apply the r s+r„-+* r,� -,r,.J I*M .it--,+i Y,-r C Y,+- iAP-d- iA +h*< <,,.-+m Y Ordir Back to Agenda Page 3of5 The p eFty ewneF shall submit p of that the a nt and netie title --have been FeeeFded p r+eFte issuance of an ADU eFFn i�ADU agFeement and netice to title shall Fun with the land as lengas� ^pis main apply „ ,,,,,-rtai,T e� e-�e{�e-�t�¢-ei�t}e�a�-a-c-a,=r�ti-t�"�c� the prarnTiTrgdiFeeteFF azeF-rnirrarFvrrer- the -rcDca-sFeemelit. Such teFminatien +h�eti ce-te-title has been Fec ed-which states that ADU has been Fe nneved . (4c) Permit. Upon receipt of a complete application, application fees, pFeef efFeceFdedaccesseFy dwelling unit-agFeerAent,and approval of any necessary building or other permits, an ADU permit shall be issued. SECTION 3. Section 20.68.080 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.68.080 Inspection. The CEity shall inspect the property to confirm that minimum and maximum size limits, required parking and design standards, and all applicable building, health, safety, energy, and electrical code standards are met. SECTION 4. Section 20.68.090 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.68.090 Violations. A violation of this chapter FegaFd*Rg-p,re-vis;,en--eT-eWRe;s;;p shall be governed by POMC 20.68.100(g), and a VielatieR f n of legalizatieR f nA_REe Tg-ADIJs shall -be-geveFRed by C20.6582.1&9�° . Violations of any other city permit or code requirements shall be governed by Chapter 20.02 POMC. SECTION 5. Section 20.68.100 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.68.100 General requirements. ADUs shall be subject to the following requirements, which shall not be subject to a variance: (1) ADU permits may only be issued for a legal lot of record zoned for single-family use containing not more than one single-family dwelling. (2) Number of ADUs per Lot. No more than one ADU, whether an accessory apartment (attached dwelling) or a backyard cottage dwelling, shall be permitted on one lot. Ordir Back to Agenda Page 4 of 5 (3) Occupancy. The maximum number of occupants in any ADU shall be four persons. Maximum occupancy may be further limited by Section 1004 (Occupant Load) of the International Building Code. (4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping. MUD .. ..„ .. .. .. (566) Home Businesses and Occupations. Home businesses and occupations shall be allowed, subject to existing regulations. However, if both the main residence and the ADU contain home businesses, only one of the two is permitted to receive customers on the premises (67) Short -Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to compliance with the vacation rental and bed and breakfast regulations in POMC 20.39.345. (79) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this chapter, or ADUs legally existing prior to the enactment of these requirements, may be maintained as a legal nonconforming use in accordance with Chapter 20.54 POMC. SECTION 6. Section 20.38.235 of the Port Orchard Municipal Code is hereby repealed in its entirety. SECTION 7. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such Ordir Back to Agenda Page 5 of 5 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 9. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 10. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this day of 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk , Councilmember APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: 1666699.2 - 366922 -0021 Aw Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Back to Agenda Business Item 7B Meeting Date: September 27, 2022 Subject: Adoption of an Ordinance Amending POMC 15.30 and 20.150.270, Pertaining to Stormwater Management Prepared by: K. Chris Hammer, P.E. Interim Public Works Director Atty Routing No: Atty Review Date: 366922.0015 — Storm September 7, 2022 Summary: The City of Port Orchard is a permittee under the Washington State Department of Ecology (Ecology) for stormwater via the Phase II Municipal National Pollution Discharge Elimination System (NPDES) Permit. The City's Stormwater Management Program is the City's mechanism for implementing the NPDES Permit, thereby, managing and controlling stormwater runoff so that it does not pollute downstream waters. The City regulates the contribution of non-stormwater discharges to the municipal separate storm sewer system (MS4) at POMC Chapter 15.30. POMC Chapter 20.150 contains additional regulations to supplement those set out in POMC 15.30 for storm and surface water discharge, such as source control and the use of best management practices, by new development and redevelopment within the City under the authority of the Public Works Department. City staff proposes to amend Port Orchard Municipal Code (POMC) 15.30 and POMC 20.150.270 relating to Stormwater Management for compliance with current Ecology standards under the NPDES Permit. Although the City already has certain regulations in place that comply with many of the requirements of the NPDES permit, certain amendments are necessary to enhance the City's regulations pertaining to provisions of the permit relating to inspection and enforcement. The City has an inventory of publicly and privately owned sites that have the potential to generate pollutants and would be responsible for holding routine inspections of these sites and maintaining records of the findings from those inspections. The proposed amendments are consistent with the surface water maintenance and management programs required under the terms of the NPDES permit. The Ordinance is provided on behalf of the City's Public Works Department for Public Hearing and adoption. Recommendation: Staff recommends that Council adopt an Ordinance amending POMC Chapter 15.30 and Section 20.150.270, pertaining to stormwater management. Motion for consideration: I move to adopt an Ordinance amending POMC Chapter 15.30 and Section 20.150.270, pertaining to stormwater management. Fiscal Impact: None. Back to Agenda ,port 76 Page 2 of 2 Alternatives: Council has the option to refuse to the proposed amendments. However, that is not Staff's recommendation since this ordinance and code updates improves our ability to enforce violations and improve water quality within City jurisdiction. Attachments: Ordinance Redlines of POMC 15.30 and POMC 20.150.270 Amendments Agenda Item No. Subject City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7C Adoption of an Ordinance Imposing a One -tenth of One Percent Meeting Date: September 27, 2022 Prepared by: Noah Crocker Sales Tax Dedicated for Transportation in Atty Routing No. the City of Port Orchard Atty Review Date Finance Director N/A N/A Summary: The City Council has been discussing alternative funding approaches for transportation projects within the city. At the 2022 Council Retreat the City Council discussed the pros and cons of a transportation benefit district (TBD) sales tax and potential uses of this funding source. At the June Council meeting, staff presented information regarding Senate Bill 5974 passed by the state legislature which would allow for councilmanic action to impose a of one -tenth of one percent (0.1%) sales tax increase dedicated to transportation in the City of Port Orchard. (This was codified as RCW 82.14.0455.) The Council requested further analysis and held additional discussions during the months of June, July, and at the first meeting in August. The proposed increase in the sales and use tax will be used for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements within the City of Port Orchard Transportation Benefit District, which are coterminous with the City of Port Orchard City limits, and which are identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and twenty- Year Transportation Improvement Programs. After careful discussion, analysis and community outreach the staff recommends that the Council impose the one -tenth of one percent sales tax dedicated for transportation in the City of Port Orchard. The attached ordinance would impose an additional one -tenth sales tax dedicated for transportation. Furthermore, this ordinance and the sales and use tax imposed herein shall automatically expire without further action of the City Council of the City of Port Orchard ten (10) years after the effective date of the tax Recommendation: Staff recommends Council approve the attached Ordinance as presented. Relationship to Comprehensive Plan: This funding source will assist the City in implementing the transportation improvements that are part of the City Comprehensive Plan. Motion for consideration: "I move to adopt an ordinance imposing a of one -tenth of one percent (0.1%) sales tax increase dedicated to transportation in the City of Port Orchard." Back to Agenda Fiscal Impact: The sales tax for the transportation benefit district is forecasted to generate $8.3 million over the 10 years. Alternatives: Do not approve and provide alternative guidance. Attachment: Ordinance Back to Agenda ORDINANCE NO. XXX-2022 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, IMPOSING AN ADDITIONAL SALES AND USE TAX OF ONE -TENTH OF ONE PERCENT WITHIN THE BOUNDARIES OF THE PORT ORCHARD TRANSPORTATION BENEFIT DISTRICT FOR THE PURPOSE OF FINANCING THE COSTS ASSOCIATED WITH TRANSPORTATION IMPROVEMENTS IN THE TRANSPORTATION BENEFIT DISTRICT AS AUTHORIZED BY RCW 36.73.040; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE AND EXPIRATION DATE. WHEREAS, on December 8, 2015 the Port Orchard City Council established a Transportation Benefit District (hereinafter "TBD") pursuant to Chapter 36.73 RCW by adoption of Ordinance No. 027-15; and WHEREAS, the boundaries for the City of Port Orchard Transportation Benefits District are coterminous with the boundaries of the City of Port Orchard City Limits; and WHEREAS, Ordinance No. 027-15 provided all Council members would serve as the TBD Board members and would take on all rights, powers, functions, and obligations of the TBD; and WHEREAS, on June 14, 2016 by adoption of Ordinance No. 010-16, the City of Port Orchard assumed the rights, powers, immunities, functions, and obligations of the Port Orchard Transportation Benefit District, pursuant to Second Engrossed Substitute Senate Bill 5987 (2015), which amended Chapter 36.73 RCW to allow for such assumption; and WHEREAS, on July 16, 2016 Ordinance No. 010-16 was later repealed in error by Ordinance No. 020-16 which was itself repealed by Ordinance 020-17 on July 27, 2016 under which the City of Port Orchard again assumed the rights, powers, immunities, functions, and obligations of the Port Orchard Transportation Benefit District; and WHEREAS, on July 12, 2016 the City Council adopted Ordinance No. 019-16 which imposed a $20 license fee on vehicles registered in Port Orchard; and WHEREAS, the City's necessary transportation improvement projects are identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and Twenty -Year Transportation Improvement Programs; and WHEREAS, City of Port Orchard Ordinance No. 027-15 provides that funds generated by the City of Port Orchard Transportation Benefit District shall be used for transportation improvements that preserve, maintain, operate, construct, and reconstruct the planned and/or existing transportation infrastructure of the City/District, consistent with the requirements of Chapter 36.73 RCW; and 1647384.5 - 366922 -0007 Back to Agenda ,2 Page 2 of 4 WHEREAS, RCW 36.73.040(3)(a) authorizes transportation benefit districts to impose a sales and use tax subject to the provisions of RCW 36.73.065; and WHEREAS, RCW 36.73.065(4)(a)(v) authorizes transportation benefit districts to impose a sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding one -tenth of one percent (0.1%) for a period of 10 years upon a majority vote of the governing board for the purpose of financing certain transportation improvements; and WHEREAS, the City Council held a public hearing on the imposition of the imposition of the 0.01%TBD sales and use tax on September 13, 2022; and WHEREAS, the City Council considered this matter at the following regular Council meetings which included public comment periods: September 13th and September 27th, 2022; and WHEREAS, the City of Port Orchard has identified the sales and use tax authorized by RCW 82.14.0455, as well as any other lawful funding sources available to the TBD pursuant to RCW 36.73.040, as funding sources available to the TBD; and WHEREAS, a sales and use tax will be used for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding transportation improvements within the City of Port Orchard Transportation Benefit District, which are coterminous with the City of Port Orchard City limits, and which are identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City's Six- and twenty- Year Transportation Improvement Programs; and WHEREAS, a sales and use tax will apply to all persons who shop and thereby use streets and roadways in the City of Port Orchard; and WHEREAS, such sales and use tax will be effective on January 1, 2023 and be in effect for a period of 10 years as permitted by law; and WHEREAS, the City Council as the governing board of the City of Port Orchard Transportation Benefit District has considered this matter during a regular City Council meeting of said Council, has given this matter careful review and consideration, and finds that the best interests of the City of Port Orchard and the Transportation Benefit District will be served by passage of this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY �] :Z 7_1 I ► I_F� 7�] ��1�i�E� Section 1. Findings. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. 1647384.5 - 366922 -0007 Back to Agenda ,2 Page 3 of 4 Section 2. Imposition of additional 0.1% sales tax. The City Council as the governing board of the City of Port Orchard Transportation Benefit District finds that it is in the best interest of the City and the Transportation Benefit District to impose a sales and use tax of one -tenth of one percent (0.1%) pursuant to Sections 36.73.040(3)(a), 36.73.065(4)(v), and 82.14.0455 of the Revised Code of Washington. Such sales and use tax is for the purpose of raising revenue to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund transportation improvements in the Transportation Benefit District. The sales and use tax shall be imposed for a period not exceeding ten (10) years. The tax shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 of the Revised Code of Washington, as amended, upon the occurrence of any taxable event within the boundaries of the City of Port Orchard Transportation Benefit District which is conterminous with the City of Port Orchard City limits. Section 3. Description of transportation improvements. The revenues from a sales and use tax may be used to acquire, invest in, construct, improve, provide, operate, preserve, maintain and/or fund the following described transportation improvements: A. Projects in the TBD identified in the City of Port Orchard's Comprehensive Plan Transportation Element and the City of Port Orchard's Six- and Twenty Year Transportation Improvement Programs; B. Expanded projects identified in accordance with Section 36.73.160 RCW, as amended. The cost of all construction, maintenance, preservation, operation, design, engineering, construction management, financial, legal, and other consulting services, inspection and testing, administrative and relocation expenses, and other costs incurred in connection with the foregoing described transportation benefit district projects shall be deemed to be part of the transportation improvements. Section 4. Notice to Department of Revenue. The City Clerk is instructed to submit this Ordinance to the Washington Department of Revenue (DOR), and to direct DOR to take all steps necessary to immediately implement and collect the tax imposed by this Ordinance. Section S. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 6. Corrections. Upon the approval of the city attorney, the city clerk is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. 1647384.5 - 366922 -0007 Back to Agenda ,2 Page 4 of 4 Section 7. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as provided by law, provided that the additional sales and use tax imposed by Section 2 shall only apply to taxable events occurring on and after 12:01 AM on January 1, 2023. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. Section 8. Expiration. This ordinance and the sales and use tax imposed herein shall automatically expire without further action of the City Council of the City of Port Orchard ten (10) years after the effective date of the tax as set forth in Section 7 above at midnight on December 31, 2032. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this _ day of , 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney *****, Council Member PUBLISHED: EFFECTIVE DATE: 1647384.5 - 366922 -0007 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Subject: Second Reading and Adoption of an Ordinance Amending POMC Section 13.04.010 by Increasing Water Rates Meeting Date Prepared by Atty Routing No: Atty Review Date Back to Agenda September 27, 2022 Jacki Brown Utilities Manager 366922-0013 — Water 09/06/2022 Summary: On March 23, 2021, the City of Port Orchard approved Contract No. 038-21 with Katy Isaksen & Associates, Inc., to prepare the 2021 Utility Financial Program including an analysis of the City's water rates. The purpose of the analysis was to develop a financial plan and six -year rate outlook for funding utility operations, debt repayment and capital improvements with the output being the impact on rates to complete the identified water programs. The proposed rate amendments were discussed at several public meetings, including a PowerPoint presentation of the proposed 2023 Water Rates presented by Assistant Finance Manager Rebecca Zick at the regular Council meeting on August 9, 2022. This ordinance amends POMC Section 13.04.010 to implement the proposed rate increase for water rates Recommendation: Staff recommends adoption of an ordinance amending POMC 13.04.010, effective January 1, 2023. Motion for Consideration: I move to adopt an ordinance amending POMC 13.04.010, effective January 1, 2023. Alternatives: Do not adopt the ordinance Attachments: Ordinance POMC 13.04.010 Redline Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO WATER RATES, INCREASING CERTAIN WATER CHARGES AND FEES IN ACCORDANCE WITH THE 2021 UTILITY FINANCIAL PROGRAM; AMENDING SECTION 13.04.010 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR PUBLICATION AND SEVERABILITY; SETTING AN EFFECTIVE DATE OF JANUARY 1, 2023. WHEREAS, the City Council initiated a Utility Financial Program Analysis on March 23, 2021, with Katy Isaksen & Associates, Inc.; and WHEREAS, following multiple public hearings to discuss the analyses, the consultant's final findings were presented to both the Port Orchard City Council and the public during a regular Council Meeting on August 9, 2022; and WHEREAS, the amendments to Section 13.04 of the Port Orchard Municipal Code set out in this ordinance are required to both implement the proposed water rate change and increase and to simplify the use of said code; and WHEREAS, on September 13, 2022, the City Council held a public hearing on the proposed code amendments; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Section 13.04.010 of the Port Orchard Municipal Code is hereby amended to read as follows: 13.04.010 Bimonthly water rates. Water rates are based on a bimonthly schedule and are separated into two classes for billing purposes — residential and non-residential. Residential rates are a function of ERUs plus consumption. Non-residential rates are a function of meter size and consumption. (1) Effective January 1, 2023, and January 15t of each subsequent year as shown, the water rates, as calculated bimonthly, are shown on the water rate table. Rates shown in the final year of the table below will remain in effect for each subsequent year until further council Back to Agenda action. Rates in effect on the first day of the billing date are charged for the entire billing period. (a) Single Residential Connections. Single connections are where one customer is being served through a master meter and the billing is based on the flow through such master meter. The bimonthly base rate is shown on the Water rate table, plus consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section. b) Multi -family Residential Connections. The bimonthly base rate is calculated based on the number of units (base rate multiplied by number of residential units) served by the master meter. In addition to the base rate, consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section. (c) Non-residential Connections. Non-residential customers shall be charged the bimonthly base rate per meter determined by the size of the meter. The base rate for meters larger than %" are set per the AWWA Industry Standard Methodology and as set forth in the water rate table. In addition to the base rate, consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section. d) Consumption charges shall be charged in the six tiers as shown in the water rate table. Consumption charges are calculated based on actual metered consumption. e) Properties Outside City Limits. Properties served outside the city limits shall have a 50 percent surcharge on the bimonthly rate. (f) Fire Hydrant Service. Fire hydrant services shall be charged a bimonthly base rate per hydrant. See the water rate table. (g) Temporary Service includes one day service, construction/hydrants account and shall be charged the base rate by meter size plus consumptions charges for metered water usage. See the water rate table. (h) Meter Rentals. All persons renting a meter shall pay a refundable deposit. The following rental fees plus sales tax listed in the water rate table shall apply to all persons renting a meter. In addition, the temporary service (g) base rate by meter size plus consumption charges for metered water usage shall apply. Back to Agenda Water Rates a), b) Residential Bimonthly 2023 2024 2025 2026 2027 Base Rate per Unit $53.50 $57.50 $61.50 $65.50 $69.50 plus consumption c) Non- Residential Bimonthly Base Rate %" Meter $53.50 $57.50 $61.50 $65.50 $69.50 plus consumption 1" Meter $89.35 $96.03 $102.71 $109.39 $116.07 plus consumption 1.5" Meter $178.16 $191.48 $204.80 $218.12 $231.44 plus consumption 2" Meter $285.16 $306.48 $327.80 $349.12 $370.44 plus consumption 3" Meter $535.00 $575.00 $615.00 $655.00 $695.00 plus consumption 4" Meter $891.85 $958.53 $1,025.21 $1,091.89 $1,158.57 plus consumption 6" Meter $1,783.16 $1,916.48 $2,049.80 $2,183.12 $2,316.44 plus consumption d) Consumption 2023 2024 2025 2026 2027 0 - 5,000 gallons $3.85 $4.00 $4.16 $4.33 $4.50 Per 1,000 gallons 5,001-10,000 gallons $4.85 $5.04 $5.25 $5.46 $5.67 Per 1,000 gallons 10,001- 20,000 gallons $5.24 $5.45 $5.67 $5.89 $6.13 Per 1,000 gallons 20,001- 30,000 gallons $5.71 $5.94 $6.18 $6.42 $6.68 Per 1,000 gallons 30,001- 50,000 gallons $6.28 $6.53 $6.79 $7.06 $7.35 Per 1,000 gallons 50,001 + gallons $6.97 $7.25 $7.54 $7.84 $8.15 Per 1,000 gallons e) Outside City Limits 50% surcharge Back to Agenda f) Fire Hydrant 2023 2024 2025 2026 2027 Service Schools $21.00 $22.60 $24.20 $25.20 $27.40 Bimonthly Per Hydrant Private service $38.50 $41.40 $44.30 $47.020 $50.10 Bimonthly Per Hydrant g) Temporary Base rate for meter size 1(c) + 1(g) plus Service consumption per table Per month Base meter size as shown above plus consumption Consumption 0 $6.28 $6.53 $6.79 $7.06 $7.35 Per 1,000 — 50,000 gal gallons 50,001 + $6.97 $7.25 $7.54 $7.84 $8.15 Per 1,000 gallons gallons h) Meter Refundable deposit for meter rental; Rentals sales tax added to bimonthly rental fees First 60 days $0 Bimonthly Rate $800 After 60 days Section 2. Effective Date. The changes to the Port Orchard Municipal Code described in Section 1 above, shall be effective five days following publication, and the rates on January 1, 2023. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Publication. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED, by the Mayor and attested by the Clerk in authentication of such passage this 27t" day of September, 2022. Robert Putaansuu, Mayor Back to Agenda ATTEST: Brandy Wallace, CIVIC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte Archer, City Attorney Cindy Lucarelli, Councilmember Back to Agenda 13.04.010 Bimonthly water rates. Water rates are based on a bimonthly schedule and are separated into two classes for billing purposes — residential and non-residential. Residential rates are a function of ERUs plus consumption. Non-residential rates are a function of meter size and consumption. as calculated bimonthly, are shown on the water rate table. Rates shown in the final year of the table below will remain in effect for each subseauent vear until further council Formatted: Superscript Formatted: Justified, Indent: Left: 0.5", Space After: 0 pt, Keep with next action. Rates in effect on the first day of the billing date are charged for the entire billing period., Formatted: Font: (Default) Calibri, 12 pt (a)Single Residential Connections. Single connections are where one customer is being served through a master meter and the billing is based on the flow through such master meter. The bimonthly base rate is shown on the Water rate table, plus consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section. b) Multi -family Residential Connections. The bimonthly base rate is calculated based on the number of units (base rate multiplied by the number of residential units) served by the master meter. In addition to the base rate, consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section. (c) Non-residential Connections. Non-residential customers shall be charged the bimonthly base - - Formatted: Line spacing: Multiple 1.15 li, Adjust space rate per meter determined by the size of the meter. The base fee for meters larger than W between Latin and Asian text, Adjust space between are set per the AWWA Industry Standard Methodology and as set forth in the water rate table. Asian text and numbers, Tab stops: Not at 0.5" In addition to the base rate, consumption charges for water usage in gallons are set forth in subsection (1)(d) of the section. d) Consumption charges shall be charged in the six tiers as shown in the water rate table. e) Properties Outside City Limits. Properties served outside the city limits shall have a 50 percent surcharge on the bimonthly rate. Formatted: Font: Calibri, 12 pt Formatted: Font: Calibri, 12 pt (g) Temporary Service: includes one day service, construction/hydrants account and shall be charged the base rate by meter size plus consumptions charges for metered water usage., See the water rate table. Formatted: Font: Calibri, 12 pt (h) Meter Rentals. All persons renting a meter shall pay a refundable deposit. The following rental fees plus sales tax listed in the water rate table shall apply to all persons renting a meter. In addition, the temporary service (g) base rate by meter size plus consumption charges for metered water usage shall apply. Back to Agenda Water Rates a), b) Bimonthly Residential 2023 2024 2025 2026 2027 Base Rate per $53.50 57.50 61.50 65.50 69.50 +plus ERU consumption c) Bimonthly Non -Residential Base Rate %" $53.50 $57.50 $61.50 $65.50 $69.50 plus+ Meter consumption 1" Meter $89.35 $96.03 $102.71 $109.39 $116.07 plus+ consumption 1.5" Meter $178.16 $191.48 $204.80 $218.12 $231.44 plus+ consumption 2" Meter $285.16 $306.48 $349.12 $349.12 $370.44 plus+ consumption 3" Meter $535.00 $575.00 $655.00 $655.00 $695.00 plus+ consumption 4" Meter $891.85 $958.53 $1091.89 $1091.89 $1158.57 plus+ consumption Back to Agenda 6" Meter $1783.16 $1916.48 $2049.80 $2183.12 $2316.44 plus+ consumption d) Consumption 0 - 5,000 $3.85 4 gallons 5,001-10,000 $4.85 5.04 gallons 10,001- 20,000 $5.24 5.45 gallons 20,001- 30,000 $5.71 5.94 gallons 30,001- 50,000 $6.28 6.53 gallons 50,001 + gallons $6.97 7.25 e) Outside City 50% surcharge Limits f) Fire Hydrant Qimonthly Service per hyd. service 4.16 4.33 4.5 Per 1,000 gallons 5.25 5.46 5.67 Per 1,000 gallons 5.674 5.89 6.13 Per 1,000 gallons 6.18 6.42 6.68 Per 1,000 gallons 6.79 7.06 7.35 Per 1,000 gallons 7.54 7.84 8.15 Per 1,000 gallons Hydrant g) Temporary Base rate for meter size plus consumption Service per table h) Meter Refundable deposit for meter rental; Rentals sales tax added to 30-day rental fees Per month Base meter size as shown above plus consumption First 60 days $0 Bimonthly rate $800 after 60 days Water 20" 2044 20" 3819 20" a) Single Conneetion Bimonth! ' 14" �--�,�-- -3,090 ga4 base $3549 $39.70 $4430 $48.90 $33.50 base $33.50 $60.50 $67.50 $74.50 W.50 `,^"�- 01 10�sa: f38F 1,000 $2 45 $3-95 -10,001 20,,000ge1 per -1-,Hoeg $�33 $2.99 $33A $3.59 $3s5 20,0" 00ga per -1-,09eg $2-.63 $3,00 $3.33 $3:79 $4.05 ,001 ` ,000-gak Ver1,000g $2-89 $3.19 $333 $3.99 $4.39 50,0 1+gal per 1,000 b) Larger Meters Bimonthly $399 $3.49 $3,89 $a.29 $4.6e Formatted: Not Highlight Formatted: Font color: Green, Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Back to Agenda base $53.50 $60 50 3/4" Aleter Base Plus the Following Aleter Size Differentials Bimonthly 5,000 gal 2" metemeteF, 0 5,000 ga 3" e:ef,0 5,000ga, 4" metef, 0 5,000 ga F" __tom-�,�, 0 `gig ,.,, � dig oar-.-dig� � a'. dig .,q.-.-dig� WOO $-1-4.00 $26.99 $39:99 $92.09 $12.00 $2-1-99 $39.09 $75.00 $i38:89 $16.00 $28,99 $52.00 W00.09 $184.00 $20.00 $35.99 $63.09 $12399 $230.00 $24.00 $42.99 $78.09 W0.99 $276.00 e„ metes--n,�. 0 5�g 10" meter, 0 5,000 gal C) Plus Consumption Charge 3,001 10,000 gal --.-diff� base mg.. in Excess of 5,000 Gallons Bimonthly per 1-,000 $134.00 WIN $2-45 $29W89 $273.00 $2.73 $269.00 $364-.00 $303 $333-89 $435.00 $333 $402.00 $546..00 $363 10,001 20,000 ga per 1-,000g $233 $2�0 $3 0 $330 $383 20,001- 30,000 gal per 1-,000g $ 63 $3.00 $3.33 $338 $4:03 30,001 50,0000 ga z per 1-,000g $2.80 $3.20 $333 $3:90 $430 50,00-11 gales ��l per 1-,000g $3.00 $340 $3:80 $4.20 $460 base $53.50 $60.50 $67.50 $74.50 $$1-50 Plus in excess ao f [ 000 gel allotted .ter M3.80 $2330 Of lint Fate (base $53.50 ..s sh o... $1-5..60 $28.60 MeteF size $60.50 in ,.\ abo e $13.40 $31.90 diffeFential) BF $67.30 $19.20 $35.20 as meteFed $74.50 $21-00 $3830 $81,30 consumption charges .._:t d Outside City Limit f) Fire Hydrant Service Schools Private e g 1ee Via: surcharge Mmonthl peerhjvd:¢ai. per :yarm 13imenthi CFPA*ff base -rate `--: R-tP' - 20" 2014 2018 3814 20M Sire - nor per 1,000g $2.80 $32.0 $353 $3-90 $430 sire 0- 50,000-gel 50,001; -gal base -rare .,,etef dirr. per-1,00og per-1,00og $3339 $2.80 $399 $60 Sse $3.20 $3.49 $67..50 $34-5 $3-.89 $7430 as she $3:90 $4.29 $s-1,30 in b) above $439 $4.60 Back to Agenda 3A7HtPF - 20" 2m 2018 201-9 2020 Next 120 ay in exeess of 180 days $260,00 rental $520.00 $270.00 $540.00 $290.00 $560.00 $290.00 $580.00 $600.00 (Ord. 020-15 § 1; Ord. 026-11 § 2; Ord. 021-09 § 2; Ord. 013-08 § 2; Ord. 010-05 § 2; Ord. 1897 § 2, 2003; Ord. 1799 § 2, 2000). Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-44070 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: Subject: Adoption of an Ordinance Prepared by: Amending the 2021-2022 September 27, 2022 Noah D. Crocker Finance Director Biennial Budget Atty Routing No: 366922-0007 — Finance Atty Review Date: 09/22/2022 Summary: The City Budget is written to capture revenue and expenses over the fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by a Budget Amendment. By this Ordinance, the City Council would amend the 2021 — 2022 Biennial Budget, as adopted by Ordinance No. 035-20 and amended by Ordinance No.015-21, 032-21, 050-21, 056-21, 065-21, 007- 22, 011-22, 025-22, 028-22 and Ordinance No. 030-22. The proposed budget amendment is intended to provide the following: 1) Fund 109: Real Estate Excise Tax a.Reduce REET 1 transfers out by $116,000 for TIP 1.8/1.9 BlueBerry & Salmonberry b. Increase REET 1 ending fund balance by $116,000 for TIP 1.8/1.9 BlueBerry & Salmonberry c. Increase REET 2 transfers out by $116,000 for TIP 1.8/1.9 BlueBerry & Salmonberry d. Reduce REET 2 ending fund balance by $116,000 for TIP 1.8/1.9 BlueBerry & Salmonberry 2) Fund 111: Impact Fee a.lncrease 2022 School Impact Fee Revenue by $500,000 b. Increase 2022 School Impact Fee expense payments by $500,000 3) Fund 411: Water Operating a.lncrease transfers out in 2022 to Fund 414 by $12,500 for Well #13 Debt Service b. Increase transfers out in 2022 to Fund 414 by $22,500 for Well #11 Debt Service c. Reduce ending fund balance by $35,000 4) Fund 413: Water Capital a.lncrease water Connection Revenue by $215,000 b. Increase transfers out to Fund 414 by $215,000 for Well #13, McCormick Reservoir Payments, McCormick Land Company & Well #11 Back to Agenda e 2 of 3 5) Fund 414: Water Debt Service a.lncrease transfers in 2022 from Fund 411 by $12,500 for Well#13 b. Increase transfers in 2022 from Fund 411 by $22,500 for Well#11 c. Increase transfers in 2022 from Fund 413 by $215,000 for Well#13 McCormick Reservoir Payments, McCormick Land Company & Well #11 d. Increase expenditures by $250,000 for debt services payments for Well#13 McCormick Reservoir Payments, McCormick Land Company, Well #11 6) Exhibit A a. Modify the Public Works Director Title to remove City Engineer b. Create 1 FTE for City Engineer Recommendation: The Finance Director recommends adoption of an ordinance amending the 2021- 2022 Biennial Budget. Relationship to Comprehensive Plan: TIP 1.8, TIP 1.9 Motion for consideration: I move to adopt an ordinance amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20 and as previously amended. Fiscal Impact: See Table Alternatives: Do not authorize and provide alternative guidance Attachments: Ordinance and Exhibit A to Ordinance Back to Agenda e 3 of 3 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 111 - Impact Fee (Amended Biennial Budget Biennial Budget No. Budget No. 028.22) Amendment XXX-2022 Beginning Fund Balance $ 2,311,467 $ - $ 2,311,467 Revenue $ 2,195,001 $ 500,000 $ 2,695,001 Expense $ 3,260,000 $ 500,000 $ 3,760,000 Ending Fund Balance $ 1,246,467 $ - $ 1,246,467 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 413 - Water Capital (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 1,382,354 $ - $ 1,382,354 Revenue $ 5,137,400 $ 215,000 $ 5,352,400 Expense $ 4,217,400 $ 215,000 $ 4,432,400 Ending Fund Balance $ 2,302,354 1 $ - $ 2,302,354 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 414 - Water Debt (Amended Biennial Budget Biennial Budget No. Budget No. 028.22) Amendment XXX-2022 Beginning Fund Balance $ - $ - $ - Revenue $ 840,250 $ 250,000 $ 1,090,250 Expense $ 840,250 $ 250,000 $ 1,090,250 Ending Fund Balance $ - $ - $ - Back to Agenda ORDINANCE No. **-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2021-2022 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 035-20, AND AMENDED BY ORDINANCE NOS. 015-21, 032-21, 050-21, 056-21, o65-21, 007-22, 011- 22, 025-22, 028-22 and 030-22 TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2021-2022 BIENNIAL BUDGET INCLUDING MODIFICATIONS TO THE SALARY AND POSITIONS TABLE; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2021 - 2022 Biennial Budget via Ordinance No. 035-20, which was previously amended by Ordinance Nos. 015-21, 032-21, 050-21, 056-21, o65-21, 007-22, 011-22, 025-22, 028-22, 030-22; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2021- 2022 Biennial Budget; and WHEREAS, by this Ordinance the City Council amends the 2021-2022 Biennial Budget to accommodate necessary adjustments as set forth herein; and WHEREAS, the City will reduce transfer authority from REET 1 by $116,000 for the Bethel Sedgwick Corridor Ph1A-DN &RW-Blueberry and increase transfer out from REET 2 by $116,000 to support the project TIP 1.8 & TIP 1.9 Blueberry & Salmonberry projects; and WHEREAS, the City will increase revenue from School Impact Fees by $500,000 and also increase expenditures from Fund 111 for school Impact fees by $500,000; and WHEREAS, the City will increase transfers out from Fund 411 to Fund 414 by $35,000 for Well #13 and Well #11 debt payments in 2022; and WHEREAS, the City will increase water connection fee revenue for Fund 413 by $215,000; and Back to Agenda WHEREAS, the City will increase transfers out from Fund 413 to Fund 414 by $215,000 for Well *13, McCormick Reservoir Payments, McCormick Land Company and Well *11 in 2022; and WHEREAS, the City's will increase transfers into Fund 414 by $250,00o and increase expenditures for debt payments and obligations by $250,000; and WHEREAS, the City's desires to modify the existing Public Work Director position to eliminate the City Engineer designation in the Title; and WHEREAS, the City's desires to fund one Full Time Equivalent (1 FTE) of a newly created City Engineer position; and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2021-2022 Biennial Budget and enabling Ordinance No.035- 20 at Section 1, as amended by Ordinances Nos. 15-21, 032-21, 050-21,056-21, 065-21, 007-22, 011-22, 025-22, 028-22 and 030-22, is hereby amended to reflect the following: Back to Agenda 2021-2022 Biennial Budget Fund No. JFund Name IType I Ordinance-028-22 I Adjustment I Ordinance-XXX-22 001 Current Expense Fund Revenue $ 37,014,740 $ $ 37,014,740 Expense $ 37,014,740 $ $ 37,014,740 002 City Street Revenue $ 7,356,591 $ - $ 7,356,591 Expense $ 7,356,591 $ - $ 7,356,591 003 Stabilization Revenue $ 2,693,687 $ - $ 2,693,687 Expense $ 2,693,687 $ - $ 2,693,687 103 Criminal Justice Revenue $ 869,508 $ - $ 869,508 Expense $ 869,508 $ - $ 869,508 104 Special Investigative Unit Revenue $ 105,797 $ - $ 105,797 Expense $ 105,797 $ - $ 105,797 107 Community Events Revenue $ 412,002 $ - $ 412,002 Expense $ 412,002 $ $ 412,002 108 Paths & Trails Revenue $ 13,096 $ $ 13,096 Expense $ 13,096 $ $ 13,096 109 Real Estate Excise Tax Revenue $ 6,193,992 $ - $ 6,193,992 Expense $ 6,193,992 F$ $ 6,193,992 111 Impact Fee Revenue $ 4,506,467 $ 500,000 $ 5,006,467 Expense $ 4,506,467 $ 500,000 $ 5,006,467 206 Bond Redemption Fund Revenue $ 598,200 $ - $ 598,200 Expense $ 598,200 $ $ 598,200 302 Capital Construction Revenue $ 6,301,707 $ $ 6,301,707 Expense $ 6,301,707 $ $ 6,301,707 304 Street Capital Projects Revenue $ 10,348,198 $ $ 10,348,198 Expense $ 10,348,198 $ $ 10,348,198 411 Water - Operations Revenue $ 9,694,063 $ $ 9,694,063 Expense $ 9,694,063 F$ $ 9,694,063 412 Water -Stabilization Revenue $ 950,216 $ $ 950,216 Expense $ 950,216 $ $ 950,216 413 Water -Capital Projects Revenue $ 6,519,754 $ 215,000 $ 6,734,754 Expense $ 6,519,754 $ 215,000 $ 6,734,754 414 Water- Debt Service Revenue $ 840,250 $ 250,000 $ 1,090,250 Expense $ 840,250 $ 250,000 $ 1,090,250 421 Storm Drainage -Operations Revenue $ 5,352,120 $ - $ 5,352,120 Expense $ 5,352,120 $ $ 5,352,120 422 Storm Drainage -Stabilization Revenue $ 533,931 $ $ 533,931 Expense $ 533,931 $ $ 533,931 423 Storm Drainage -Capital Projects Revenue $ 99,113 $ - $ 99,113 Expense $ 99,113 $ - $ 99,113 424 Storm Drainage -Debt Service Revenue $ 355,300 $ - $ 355,300 Expense $ 355,300 $ - $ 355,300 431 Sewer -Operations Revenue $ 13,711,301 $ - $ 13,711,301 Expense $ 13,711,301 $ - $ 13,711,301 432 Sewer -Stabilization Revenue $ 1,422,016 $ - $ 1,422,016 Expense $ 1,422,016 $ - $ 1,422,016 433 Sewer -Capital Projects Revenue $ 23,387,228 $ - $ 23,387,228 Expense $ 23,387,228 $ - $ 23,387,228 434 Sewer- Debt Service Revenue $ 550,000 $ - $ 550,000 Expense $ 550,000 $ - $ 550,000 500 ER&R Revenue $ 5,271,030 $ - $ 5,271,030 Expense $ 5,271,030 $ - $ 5,271,030 632 Wastewater Treatment Facility Revenue $ 7,931,914 $ - $ 7,931,914 Expense $ 7,931,914 $ $ 7,931,914 Grand Total Revenue $ 153,032,2211 $ 965,0001 $ 153,997,221 Grand Total Expense $ 153,032,2211 $ 965,0001 $ 153,997,221 Back to Agenda SECTION 2. Salary Schedule. The 2022 Salary Schedule for authorized positions is amended to read as set out on Attachment A hereto and adopted herein by this reference. SECTION 3. Transmittal. The City Clerk shall transmit a complete, certified copy of the amended budget as adopted to the state auditor and to the Association of Washington Cities per RCW 35.34.130• SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION s. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 6. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of September 2022. Rob Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: John Clauson, Councilmember 9/20/2022 2:27 PM Back to Agenda PositionPersonnel d Officials Positions Mayor 1 Annual 114,563.07 Council 7 Monthly 1,000 Total Elected 8.00 PositionsPersonnel City Clerk 1 46.99 54.48 Chief of Police 1 69.93 81.09 Community Development Director 1 65.18 75.59 Finance Director 1 65.18 75.59 Human Resources Manager 1 48.82 56.62 Public Works Director 1 61.91 71.81 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 31.68 36.72 HR Specialist 1 30. 99 35.01 Office Assistant II 0 25.67 29.78 Total Administration 2.00 Assistant Finance Director 1 48.82 56.62 Accounting Assistant 1 1 24.56 28.50 Accounting Assistant 11 4 28.58 33.13 Accounting Assistant 111 2 33.32 38.65 Accounting Assistant III / IT Specialist 1 34.52 40.02 Information Technology Manager 1 53.57 62.12 Network Administrator 1 43.27 50.19 IT Support Specialist 1 34.31 39.78 Total Finance/IT 12.00 Deputy Director Community Development I 1 53.57 62.12 Permit Center Manager 1 36.68 42.54 Permit Tech (1 FT) 1 28.76 33.35 Permit Clerk (2FT) 2 25.67 29.78 Senior Planner 2 41.64 48.29 Plans Examiner/Building Inspector II 1 39.31 45.59 Associate Planner 1 37.73 43.76 Assistant Planner 1 30.19 35.01 Building Official 0 44.86 52.02 Building Inspector 1 1 35.43 41.09 Code Enforcement Officer 1 34.52 40.02 Parking Enforcement Officer (2 PT) 1 27.26 31.62 Total Community Development 13.00 Municipal Court Judge 0.6 Annual 114,072.00 Municipal Court Administrator 1 48.82 56.62 Lead Clerk 1 29.46 35.21 Court Clerk 2.6 24.89 29.72 Total Judicial 5.20 Deputy Police Chief 1 60.93 70.68 Community Health Navigator 1 34.85 40.40 Police Services Coordinator 1 33.14 39.59 Records Evidence Specialist (3FT, 1 PT) addt'l FTE 7/1/22 3.7 24.78 29.58 Sergeant 5 48.73 53.95 Patrol Officer 18 32.69 44.89 Total Police De artment 29.70 9/20/2022 2:27 PM Back to Agenda Personnel Position Listing Personnel Positions FTE Minimum 41111111111111 Maximum City Engineer 1 60.96 70.68 Assistant City Engineer 1 53.57 62.12 Operations Manager 1 46.99 54.48 Utility Manager 1 46.99 54.48 Utilities Compliance Specialist 1 34.52 40.02 Civil Engineer 1 1 37.73 43.76 Civil Engineer II 1 44.86 52.02 Stormwater Program Manager 1 39.31 45.59 GIS Specialist/Development Review Assistant Public Works Procurement Specialist 1 39.31 45.59 1 36.68 42.54 Project Coordinator/Inspector 1 37.73 43.76 Office Assistant 11 1 25.67 29.78 Public Works Foreman 1 36.90 44.06 Mechanic 2 30.75 36.72 Electrician 1 32.62 38.95 Public Works Personnel 12 29.82 35.61 WA/SW/Storm Coordinators 3 32.05 38.26 Public Works Laborer 2 22.21 26.53 Total Public Works 33.00 Minimum Maximum Seasonal Public Works Hourly 15.60 20.80 Intern Hourly 15.60 20.80 Temporary Employee Hourly 15.60 20.80 Grand Totals 9/20/2022 2:18 PM Back to Agenda Personnel Position Listing or . Officials Positions Mayor 1 Annual 114,563.07 Council 7 Monthly 1,000 Total Elected 8.00 PositionsPersonnel City Clerk 1 46.99 54.48 Chief of Police 1 69.93 81.09 Community Development Director 1 65.18 75.59 Finance Director 1 65.18 75.59 Human Resources Manager 1 1 48.82 56.62 P bli.. \Awferks IlireGtGr ;it C� 8 6&.4g 719,59 Public Works Director 1 61.91 71.81 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 31.68 36.72 HR Specialist 1 30.19 35.01 Office Assistant II - Admin 0 25.67 29.78 Total Administration 2.00 Assistant Finance Director 1 48.82 56.62 Accounting Assistant 1 1 24.56 28.50 Accounting Assistant 11 4 28.58 33.13 Accounting Assistant 111 2 33.32 38.65 Accounting Assistant III / IT Specialist 1 34.52 40.02 Information Technology Manager 1 53.57 62.12 Network Administrator 1 43.27 50.19 IT Support Specialist Total Finance/IT Deputy Director Community Development Permit Center Manager Permit Tech (1 FT) Permit Clerk (2FT) 1 34.31 39.78 12.00 1 53.57 62.12 1 36.68 42.54 1 28.76 33.35 2 25.67 29.78 Senior Planner 2 41.64 48.29 Plans Examiner/Building Inspector 11 1 39.31 45.59 Associate Planner 1 37.73 43.76 Assistant Planner 1 30.19 35.01 Building Official 0 44.86 52.02 Buildi. g IR 9GW 4 35.43 4499 Building Inspector 1 1 35.43 41.09 Code Enforcement Officer 1 34.52 40.02 Parking Enforcement Officer (2 PT) 1 27.26 31.62 480 Total Community Development 13.00 Municipal Court Judge 0.6 Annual 114,072.00 C„„rt Adrn ic.+ro+nr 4 48.82 56.62 Municipal Court Administrator 1 48.82 56.62 Lead Clerk 1 29.46 35.21 Court Clerk 2.6 24.89 29.72 Total Judicial 5.20 9/20/2022 2:18 PM Bac k to Agenda - '. PositionsPersonnel Deputy Police Chief 1 60.93 70.68 Community Health Navigator 1 34.85 40.40 P,-,Oi:�celpAvc�rver-t Pa cn;g- FEnforr.ear p-pt Of iGeF (7 OPT) -1- �� Police Services Coordinator Records Evidence Specialist (3FT, 1 PT) addt'I FTE 7/1/22 Sergeant Patrol Officer 1 33.14 39.59 3.7 24.78 29.58 5 48.73 53.95 18 32.69 44.89 P9 Total Police spaFtment 3040 Total Police Department 29.70 City Engineer 1 60.96 70.68 Assistant City Engineer 1 53.57 62.12 Operations Manager 1 46.99 54.48 Utility Manager 1 46.99 54.48 Utilities Compliance Specialist 1 34.52 40.02 Civil Engineer 1 1 37.73 43.76 Civil Engineer 11 1 44.86 52.02 Stormwater Program Manager 1 39.31 45.59 GIS Specialist/Development Review Assistant 1 39.31 45.59 Public Works Procurement Specialist 1 36.68 42.54 Project Coordinator/Inspector 1 37.73 43.76 Office Assistant 11 - Publ'^ \Awfp-*E 1 25.67 29.78 Public Works Foreman 1 36.90 44.06 3A�5 36�2 Mechanic 2 30.75 36.72 Gity E18GtriGi�r 4 32.62 3� Electrician 1 32.62 38.95 Public Works Personnel 12 29.82 35.61 WA/SW/Storm Coordinators 3 32.05 38.26 Public Works Laborer 2 22.21 26.53 32.00 Total Public Works 33.00 Minimum Maximum Seao.,v,�l \Auf rkef I..Iniiry � � Seasonal Public Works Hourly 15.60 20.80 Intern Hourly 15.60 20.80 Temporary Employee Hourly 15.60 20.80 Grand Totals Back to Agenda rNN 0� .. �` 3r� n � EINYI i � .n w _• City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7F Subject: Adoption of an Ordinance Re - Authorizing the Separate Position of City Engineer, and Establishing General Duties and Qualifications Meeting Date: Prepared by: Atty Routing No. Atty Review Date September 27, 2022 Debbi Lund HR Manaizer 366922-0008 — H R 09/22/2022 Summary: The recent resignation of long -tenured Public Works Director/City Engineer Mark Dorsey created an opportunity for the City to evaluate its current organizational structure and determine the appropriate staffing to meet the needs of our growing City. These two positions were combined for purposes of efficiency, with the requirement that the person in that combined role maintain a Professional Engineering certificate and associated qualifications. Cognizant that recruitment for someone to fill the combined position in this competitive market may be challenging, staff recruited for the positions as bifurcated (as set out in Port Orchard Municipal Code 2.08.040 and 2.08.050), and the Council confirmed support for the bifurcation through Resolution 034.022 in early August 2022. Accordingly, the City recruited to fill the vacancy by advertising the newly created position of Public Works Director both with and without the requirement of a Professional Engineering certificate. Through a comprehensive, competitive process, the selected candidate for the Public Works Director does not possess a Professional Engineering certificate. Therefore, the City desires to reestablish the position of City Engineer (set out at POMC 2.08.050), that is separate from the position of Public Works Director. This separation of the two functions was part of an amendment to the 2021-2022 budget, presented earlier tonight. By this Ordinance the Council would evidence support for the reestablishment of the separate City Engineer position, and establish the duties and responsibilities for the City Engineer position. The City Council previously adopted Ordinance 008-20, which delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualifications and duties assigned by the Council. Therefore, attached to this proposed Ordinance for Council's consideration is a summary of qualifications and duties for the proposed City Engineer position. Recommendation: Staff recommends approval of the attached summary for the new position of City Engineer. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt an ordinance re-establishing the separate City Engineer position and establishing general qualifications and duties for the position." Back to Agenda Fiscal Impact: To be included in future budget amendment, if needed. Alternatives: Do not approve the position summary and provide alternative guidance. Attachments: Ordinance and Appendix A, position summary for City Engineer. Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO ESTABLISH GENERAL QUALIFICATIONS AND DUTIES OF THE POSITION OF CITY ENGINEER; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City has established the appointive offices of Public Works Director and City Engineer at Port Orchard Municipal Code 2.08.040 and 2.08.050, respectively; and WHEREAS, these two positions were combined in the interest of efficiency; and WHEREAS, the City's Public Works Director/City Engineer resigned effective August 5, 2022; and WHEREAS, anticipating difficulty in recruiting for the combined role of both Public Works Director and City Engineer, on August 9, 2022the City Council authorized the bifurcation of these positions and the associated approval via Resolution 034-22 of the general qualifications and duties for Public Works Director and to remove the requirement for a Professional Engineering certification; and WHEREAS, the City recruited for the role of Public Works Director; and WHEREAS, after a competitive recruitment process, the City has offered the position to a candidate who does not possess a Professional Engineering certificate; and WHEREAS, the City desires to reestablish the position and general job duties of City Engineer separate from those of the Public Works Director; and WHEREAS, the City has identified the duties and responsibilities of the City Engineer; and WHEREAS, a budget amendment considered separately by the City Council tonight will, if approved, set the rate of pay for the re-established, separate position; and WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend job descriptions provided they are consistent with the general qualification and duties assigned by the council; and WHEREAS, a statement of the general qualifications and duties of the position of City Engineer is attached hereto as Appendix A, and incorporated herein by reference; Now, therefore, Ordir Back to Agenda Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby authorizes the reestablishment of the separate position of City Engineer as set out in POMC 2.08.050, with qualifications and duties as generally provided for in Appendix A. The Mayor is authorized to establish and amend job descriptions provided they are consistent with the general qualification and duties assigned by the Council in this ordinance. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 27t" day of September 2022. Robert Putaansuu, Mayor Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: John Clauson, Councilmember Back to Agenda Proposed New Position Position City Engineer Department Public Works Mayor Job Function and Purpose The position manages the Engineering Division. Position provides and/or oversees engineering design for all components of the Public Works Department including, but not limited to capital projects, utilities, streets, parks, and facilities. Responsible for the coordination of Engineering development review and permitting; professional engineer supervision; and project management. Facilitates meetings, communications, and agreements with consulting engineers, contractors, government agencies, and City departments. The position also leads and facilitates public input and participation processes. General Function Manages, organizes, coordinates and evaluates engineering division operations including capital projects, engineering and design projects, development review and project inspection. Develops and implements the scope, budget, design, and final product for Engineering projects needed in the City. Analyzes and recommends improvements to the City's existing facilities, equipment and infrastructure. Establishes and implements policies, procedures and standards for efficient and effective engineering operations. Responsible for engineering division budget. Minimum Qualifications Include* Bachelor's degree in Civil Engineering with certification as a Professional Engineer in the State of Washington is required. Six (6) years of experience in professional Civil Engineering and two (2) years of supervisory experience is required. Capital project management experience through the entire project lifecycle including state and federal permitting and funding is preferred. Must possess a valid Washington State driver's license. * All position descriptions allow the hiring manager to consider any combination of experience and training that provides the desired skills, knowledge and abilities. Ordinance 008-20 delegates authority to the Mayor to establish and amend job description as needed provided they are consistent with general qualifications and duties assigned by the City Council at the time the position is created by Council. Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Aeenda Staff Resort Agenda Item No.: Business Item 7G Meeting Date: September 27, 2022 Subject: Adoption of a Resolution Prepared by: Debbi Lund Confirming Appointments of Code HR Manager Enforcement Officer, Public Works Atty Routing No.: 366922-0008 — HR Director, and City Engineer Atty Review Date: 09/22/2022 Summary: Port Orchard Municipal Code Chapter 2.08 empowers the City Council to confirm mayoral appointments to several positions before the appointments can take effect. Due to employee departures, the City has recently concluded recruitments affecting some of its appointive positions. The Code Enforcement Officer position was vacated in July 2022. The City recruited for and hired Christine Civiletti effective September 26, 2022, as the new Code Enforcement Officer. The Public Works Director/City Engineer position was vacated in August 2022. Due to the job market and anticipated applicant pool, the City recruited for a Public Works Director. Candidates who were qualified as a combined Public Works Director and City Engineer were also encouraged to apply. After a competitive process, the City selected an internal candidate, current Operations Manager Tony Lang, who is qualified to fill the role of Public Works Director. This leaves vacant the role of City Engineer which is provided for separately in the Municipal Code. Fortunately, we have a qualified candidate for that position as well and the City desires to promote current Assistant City Engineer Chris Hammer to the position of City Engineer. The attached resolution requests Council confirmation of the appointments of these three individuals to their respective new roles. The delay in the appointment to City Engineer is due to separate action requested in the Council agenda to re-establish the position and establish the salary. Recommendation: Staff recommends approval of the attached resolution. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution confirming the Mayor's appointments to the positions of Code Enforcement Officer, Public Works Director and City Engineer." Fiscal Impact: Included in the 2021-22 budget Alternatives: Do not approve the resolution and provide alternative guidance. Attachments: Resolution Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, CONFIRMING THE APPOINTMENT OFA CODE ENFORCEMENT OFFICER, PUBLIC WORKS DIRECTOR, AND CITY ENGINEER. WHEREAS, Port Orchard Municipal Code Chapter 2.08 empowers the City Council to confirm mayoral appointments to the positions of Code Enforcement Officer, Public Works Director, and City Engineer, before the appointments can take effect; and WHEREAS, employees previously appointed and confirmed to the positions of Code Enforcement Officer, Public Works Director, and City Engineer, have separated from employment with the City; and WHEREAS, the City has established the position of code enforcement officer, whose duties include investigating and taking action to ensure compliance with certain City regulations, as enumerated in POMC 2.64.030; and WHEREAS, the City has established the position of Public Works Director, whose duties include the overall leadership and management of the Public Works Department; and WHEREAS, the City has established the position of City Engineer, whose duties include providing engineering design work and management of the Engineering Division; and WHEREAS, the Mayor has appointed Christine Civiletti as the City's new code enforcement officer, subject to City Council approval; and WHEREAS, the Mayor has appointed Anthony "Tony" Lang as the City's new Public Works Director, subject to City Council approval; and WHEREAS, the Mayor has identified a qualified current employee, Kenneth "Chris" Hammer whom the Mayor wishes to promote and appoint to the position of City Engineer, subject to City Council approval; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: This Resolution supersedes all other Resolutions appointing individuals to any and all of the positions listed in this Resolution. THAT: The City Council confirms the Mayor's appointment of Christine Civiletti to the position of Code Enforcement Officer. Effective immediately, Christine Civiletti is hereby Back to Agenda Resolution No. 0**-22 Page 2 of 2 appointed as the City's code enforcement officer pursuant to POMC 2.08.100 and 2.64.0101 and is designated to perform code enforcement duties as specified in the Port Orchard Municipal Code and any subsequent amending ordinances and/or regulations thereto. THAT: The City Council confirms the Mayor's appointment of Anthony "Tony" Lang to the position of Public Works Director. Effective, September 28, 2022, Anthony "Tony" Lang is hereby appointed as the City's public works director pursuant to POMC 2.08.040 and is designated to perform all duties as specified in the Port Orchard Municipal Code and any subsequent amending ordinances and/or regulations thereto. THAT: The City Council confirms the Mayor's appointment of Kenneth "Chris" Hammer to the position of City Engineer. Effective, October 12, 2022, Kenneth "Chris" Hammer is hereby appointed as the city engineer pursuant to POMC 2.08.050 and is designated to perform all duties as specified in the Port Orchard Municipal Code and any subsequent amending ordinances and/or regulations thereto. THAT: The Resolution shall take full force and effect upon passage and signatures hereon unless a specific date is provided elsewhere in this resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this day of 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7H Subject: Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Road Maintenance Costs Due to WSDOT Required Detour Back to Agenda Meeting Date: September 27, 2022 Prepared by: K. Chris Hammer Atty Routing No Atty Review Date Interim Public Works Director/City Engineer 366922-0009 — PW 09/06/2022 Summary: On August 31, 2021, the Washington State Department of Transportation (WSDOT) notified the City of its plan to construct a roundabout at the Bethel/Bay/Maple Intersection situated on State Route 166 and located within City limits. To facilitate the construction, WSDOT requires a detour to divert traffic away from the project onto other City roads or streets. Staff and WSDOT anticipate that, because of diverting traffic to these roads or streets, the City may incur additional maintenance expenses. WSDOT proposed an Agreement, entered pursuant to the Interlocal Agreement Act, Chapter 39.34 RCW, to memorialize the need for the detour and the allocation of associated maintenance costs to WSDOT. In accordance with the Agreement, prior to beginning of the WSDOT road construction project, the City and WSDOT will conduct a joint inspection to determine the condition of the impacted roads or streets. Upon completion of WSDOT's project, the City and WSDOT will again conduct a joint inspection to determine changes to the condition of the roads that may have been caused by the detour. Pursuant to this Agreement, WSDOT agrees to reimburse the City for additional maintenance expenses due to the detour of vehicles from the WSDOT project. Relationship to Comprehensive Plan: Chapter 8-Transportation Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the Mayor to execute Contract No. C100-22 with Washington State Department of Transportation for impacts due to traffic detours during their Bethel/Bay/Maple roundabout construction project. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to sign Contract No. C100- 22 with the Washington State Department of Transportation for traffic detours and associated impacts during their Bethel/Bay/Maple roundabout construction project. Fiscal Impact: None Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution No. 078-22 Washington State Department of Transportation - Contract C100-22 Back to Agenda RESOLUTION NO. 078-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION, AND THE CITY OF PORT ORCHARD FOR THE IMPACTS DUE TO THE DIVERSION OF TRAFFIC, PURSUANT TO CHAPTER 39.34 RCW. WHEREAS, on August 31, 2021, the Washington State Department of Transportation (WSDOT) notified the City of Port Orchard of its plan to construct a roundabout at the Bethel/Bay/Maple Intersection situated on State Route 166 and located within City limits; and WHEREAS, to facilitate the construction, WSDOT requires a detour to divert traffic away from the project onto other City roads or streets; and WHEREAS, it is anticipated that as a result of diverting traffic to these roads or streets, additional maintenance expenses for these roads and streets may be incurred by the City; and WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of Port Orchard desires to enter into an agreement with WSDOT to divert traffic from the WSDOT project at Bethel Ave/Bay St/Maple Ave intersection to other City roads or streets, and to shift the costs for additional maintenance expenses resulting from the project to WSDOT; and WHEREAS, pursuant to the agreement, prior to the beginning of the WSDOT road construction project, the City and WSDOT will conduct a joint inspection to determine the existing condition of the roads or streets; and WHEREAS, upon completion of WSDOT's project the City and WSDOT will again conduct a joint inspection to determine changes to the condition of the roads that may have been caused by the detour; and WHEREAS, under the terms of the agreement, WSDOT agrees to reimburse the City for additional maintenance expenses due to the detour of vehicles from the WSDOT project; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to enter into the attached Agreement with the Washington State Department of Transportation; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Back to Agenda Resolution No. 078-22 Page 2 of 2 THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute the Local Agency Haul Road/Detour Agreement with Washington State Department of Transportation, attached hereto as Exhibit A and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both Port Orchard and WSDOT, the City Clerk is directed to post a copy of this Agreement on the City's website as required by law. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 27' day of September 2022. Robert Putaansuu, Mayor Brandy Wallace, MMC, City Clerk Agreement No. C100-22 Adw Back to Agenda Washington State WAf Department of Transportation Local Agency Haul Local Agency and Address Road/Detour Agreement City of Port Orchard 216 Prospect Street SR 166 Bethel/Bay/Maple Intersection Roundabout Port Orchard, WA 98366 Agreement Number Section/Location T 24N R 1E Section 25 HR3 0165 State Route Number Control Section Number 166 180701 Region Description of Roads or Streets Olympic A: Port Orchard Boulevard, Urban Major Collector, 3-Lanes Tremont Street, Urban Minor Arterial, 4-Lanes Intended Use (Haul Road or Detour Road) SE Lund Avenue, Urban Minor Arterial, 4-Lanes Detour Road Bethel Road, Urban Other Principal Arterial, 2-Lanes, 1 TWLTL B: Bay Street to Beach Drive East, Urban Minor Arterial, 2-Lanes Vehicle Restrictions Truck Detour Olney Avenue SE, Urban Major Collector, 2-Lanes This Agreement is made and entered into between the Washington State Department of Transportation (WSDOT) and the above named governmental entity (Local Agency), hereinafter individually referred to individually as the `Party' and collectively as the `Parties'. Recitals WSDOT is planning the construction or improvement of a section of state highway as shown above, and In the construction of the project it is planned to use, for the purpose noted above, those Local Agency roads or streets described above and as further detailed in red on the attached Exhibit "A", and It is anticipated that as a result of the use of these roads or streets, additional maintenance expense may be incurred by the Local Agency. Now Therefore, It Is Mutually Agreed As Follows: 1. The Local Agency hereby agrees to WSDOT's use of the roads or streets covered by this Agreement subject to the conditions contained herein. 2. Immediately prior to the beginning of WSDOT's use of the above described roads or streets, the parties to this Agreement shall make a joint condition inspection and WSDOT shall prepare a memorandum record of the condition of said roads or streets. The memorandum record shall include a statement of the extent and frequency of routine maintenance operations normally carried out by the Local Agency on said roads or streets and may include photographs showing condition of the existing roadway. 3. WSDOT agrees to reimburse the Local Agency for the cost of additional routine maintenance and repairs, operations in excess of those enumerated in the record made under the provisions of Section II, made necessary by WSDOT's project. The reimbursement for such additional routine maintenance and repairs shall be limited to the actual cost of such operations supported by proper records. Such costs are to be exclusive of all administrative and overhead costs and all charges for small tools. 4. Upon completion of use of the roads or streets covered by this Agreement, a joint inspection shall be made by the parties to determine the condition of said roads or streets. All maintenance and/or repairs shall be based upon the conditions of these roads or streets at the time of this completion inspection, taking into account the memorandum record made under Section 2. 5. It is expressly understood that WSDOT shall be responsible only for that extra maintenance and repairs of the Local Agency's roads or streets occasioned by the project use. In the event of a dispute over the terms of this Agreement and/or the extent of maintenance or repair work required to be performed, the dispute shall be submitted to the Secretary of Transportation for determination. In determining this responsibility the Secretary shall give consideration to the memorandum record provided for in Section 2. The conclusions of the Secretary as to the extent and amount of such maintenance shall be final and conclusive as to all parties to this Agreement. DOT Form 224-014 Page 1 of 2 Revised 07/2018 The Local Agency agrees not to restrict below legal limits the size, weight, or speed o Back to Agenda ads or streets covered by this Agreement except as stated above under Vehicle Restrictions. No liability shall attach to WSDOT or the Local Agency by reason of entering into this Agreement except as expressly provided herein. In Witness Whereof, the parties hereto have executed this Agreement as of the party's date signed last below. LOCAL AGENCY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: By: Printed: Printed: Title: Title: Date: Date: DOT Form 224-014 Page 2 of 2 Revised 07/2018 O 5D a 6D SP1 48"x60" BLACK/ORANGE HWY 166 WB - MP 2.45 HWY 166 EB - MP 4.00 O DETOUR 60 WEST 8D/6D 166 jg° M8-101 MOD 36"x60" BLACK/ORANGE SIGN LOCATION 100'± FROM I/S BOTH DIRECTIONS O DETOUR 6D EAST 8D/6D 166 18„ M8-101 MOD 36"x60" BLACK/ORANGE SIGN LOCATION 100'± FROM I/S BOTH DIRECTIONS O DETOUR 6D WEST 8D/6D 166 18" 4 M8-101 MOD 36"x60" BLACK/ORANGE LOCATE AS SHOWN O DETOUR 6D EAST 8D/6D 166 18" M8-101 MOD 36"x60" BLACK/ORANGE LOCATE AS SHOWN O DETOUR 6D WEST 8D/6D 166 18 M8-101 MOD 36"x60" BLACK/ORANGE SIGN LOCATION 100'± FROM I/S BOTH DIRECTIONS NOTES: 1. SEE STANDARD PLAN K-80.10 FOR CLASS A CONSTRUCTION SIGNING INSTALLATION. LEGEND SIGN LOCATION -POST MOUNT (CLASS "A") O LN 18„ M8-101 MOD 36"x60" BLACK/ORANGE SIGN LOCATION 100'± FROM I/S BOTH DIRECTIONS PCMS 1 2 HWY 166 NO TRUCKS TRUCKS FOLLOW DETOUR 2.0 SEC 2.0 SEC HWY 166 WB -MP 2.10 HWY 166 EB - MP 4.43 3 Pc -MS PORTABLE CHANGEABLE MESSAGE SIGN \ SE LUND AVE TRUCK DETOUR PLAN WORK AREA NOT TO SCALE 4 3 a M o FILE NAME a c:luserslnashwld0462155U(L6283_SH_TC11.dgn REGION aTATE PLAN REF NO TIME 4:21:08 PM FED.AID PROJ.NO. III. DATE 7/25/2022 SR 166 BETHEL/BAY/MAPLE a PLOTTED BY nashw 10 was `*� ` -„ Washington State INTERSECTION ROUNDABOUT TRAFFIC CONTROL PLAN TC12 J DESIGNED BY W. NASH aoE NUMBER SHEET o (J ENTERED BY R. DUVENEZ P.E. STAMP BOX DATE w P.E.STAMP Sox DATE Department of Transportation XX OF XX EE SHEETS CHECKED BY M. MIES CONTRACT NO. LOCATION No. XL6283 a PROJ. ENGR. A. AMOS TRUCK DETOUR REGIONAL ADM. S. ROARK REVISION DATE BY HR3 0165 Exhibit A Page 1 of 2 Adw wroWSDOT Map Controls Legend Functional Class Interstate Other Fwy Expwy Other Principal Arterial Minor Arterial Major Collector Minor Collector Proposed Other FwyExpwy Proposed Other Principal Arterial Proposed Minor Arterial Proposed Major Collector Proposed Minor Collector Other City Limit Urban Area Functional Class Route Identifier (FCID) Click on a road for an information Pop-up. T Functional Classification HR3 0165 Exhibit A Page 2 of 2 Back to Agenda Video log by: Date of video log: Inspected by: Date of inspection: General Comments: Specific Comments: HR3 0165 Exhibit B Record of Condition Prior to Detour Usage of WSDOT of WSDOT of City of Port Orchard Road/Street Milepost/Location Comments Page 1 of 2 HR3 0165 Back to Agenda Road/Street Milepost/Location Comments Page 2 of 2 HR3 0165 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of September 13, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Lucarelli Absent Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Interim Public Works Director Hammer, Finance Director Crocker, Senior Planner Fisk, City Attorney Archer, Police Chief Brown, City Clerk Wallace, and Deputy City Clerk Floyd. Attending via Zoom: Utilities Manager J. Brown The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:48) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:10) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to add the excusal of Councilmember Lucarelli due to personal reasons to the Consent Agenda, and add to the Business Items the Authorization of an Amendment to Contract No. 094-21 with West Coast Code Consultants for Building/Fire Code Plan Review and Building/Fire Code Inspection Services. The motion carried. MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to move Consent Agenda 4D [Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Decommissioning a Hydrant] to Business Items. Back to Agenda Minutes oT �)eptemoer ij, 2022 PaRe2of8 The motion carried. MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 4:04) Due to a technical issue, the audio was not captured. 4. CONSENT AGENDA (Time Stamp: 06:26) A. Approval of Voucher Nos. 84559 through 84606 and 84614 through 84675 and 84681 through 84744 including bank drafts in the amount of $1,191,350.39 and EFTS in the amount of $1,357,223.98 totaling $2,548,574.37. B. Approval of Payroll Check Nos. 84607 through 84613 and 84676 through 84680 including bank drafts and EFT's in the amount of $380,574.62 and Direct Deposits in the amount of $436,904.30 totaling $817,478.92. C. Adoption of an Ordinance Accepting a FY2021-23 Stormwater Capacity Grant from the Department of Ecology (Ordinance No. 035-22 and Contract No. 103-22) D. Approval of Amendment No. 3 to Contract No. 028-21 with Transportation Solutions for On Call Transportation/Traffic Engineering Services E. Adoption of a Resolution Accepting a Public Pedestrian Access Easement from Century Communities of Washington, LLC for a Portion of Assessor's Tax Parcel No. 5696-000-056-001 and 5696-000-094-005 Located in McCormick West Division 11 (Resolution No. 084-22) F. Adoption of a Resolution Accepting a Public Pedestrian Access Easement from Mainvue WA, LLC for a Portion of Assessor's Tax Parcel Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000- 044-0006, 5696-000-045-0005, 5696-000-048-0002 and 5696-000-049-0001, Located in McCormick West Division 11 (Resolution No. 085-22) G. Adoption of a Resolution Accepting a Sight Distance Easement from McCormick Woods Home Owners Assoc. for a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-142-0007, 5696-000-143-0006 and 5696-000-149-0000 located in McCormick West Division 11 (Resolution No. 087-22) H. Adoption of a Resolution Accepting a Public Pedestrian Access Easement from Pulte Homes of Washington, Inc. for a Portion of Assessor's Tax Parcel Nos. 5696-000-114-001, 5696-000-120- 0003, and 5696-000-121-002 of McCormick West Division 11 (Resolution No. 088-22) I. Adoption of a Resolution Accepting a Sight Distance Easement from Century Communities of Washington, LLC for a Portion of Assessor's Tax Parcel No. 5696-000-094-005 Located in McCormick West Division 11 (Resolution No. 089-22) J. Adoption of a Resolution Accepting a Sight Distance Easement from Mainvue WA, LLC for a Portion of Assessor's Tax Parcel Nos. 5696-000-034-008 and 5696-000-042-0008 Located in McCormick West Division 11 (Resolution No. 090-22) Back to Agenda Minutes or �)eptemoer ij, 2022 PaRe3of8 K. NEW ITEM: Excusal of councilmember Lucarelli for Personal Reasons MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Consent Agenda as amended. The motion carried. 5. PRESENTATION A. South Kitsap Fire & Rescue, Fire Chief Faucett (Time Stamp: 07:15) South Kitsap Fire & Rescue Fire Chief Faucett gave a fire district update and spoke to the fire levy. 6. PUBLIC HEARING A. Imposing a 1/10' of 1% Sales Tax Dedicated for Transportation (Time Stamp 16:45) Mayor Putaansuu opened the public hearing, and there being no comments, closed the public hearing at 7:01 p.m. B. McCormick Woods Development Agreement for Park Impact Fee Credits Time Stamp 34:08) Mayur Putaansuu opened the public hearing at 7:07pm. Present via Zoom, Greg Krabbe, on behalf of McCormick Communities, thanked staff for working diligently so this agreement could be approved in a timely fashion. There being no more testimony, Mayor Putaansuu closed the public hearing at 7:08pm. C. First Reading and Public Hearing Regarding the Proposed 2023 Water Rate Increase (Time Stamp 38:55) Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 7:22pm. EXECUTIVE SESSION The executive session was not held. rj1ff:11MW S11k"kTW A. Adoption of an Ordinance Approving a Development Agreement with McCormick Communities for Park Impact Fee Credits (Time Stamp 53:12) Back to Agenda Minutes oT �)eptemoer ij, 2022 Page 4 of 8 MOTION: By Councilmember Diener, second by Councilmember Cucciardi, to adopt an ordinance authorizing the mayor to execute a development agreement with McCormick Communities as presented. The motion carried. (Ordinance No.036-22) B. Adoption of an Ordinance Amending POMC Chapters 20.68 and 20.38.235 Regarding Accessory Dwelling Unit Owner Occupancy (Time Stamp: 56:03) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to adopt an ordinance amending Port Orchard Municipal Code 20.68 and POMC 20.38.235, as presented. Councilmember Chang asked this item to be continued at the September 271" Council meeting due to Councilmember Lucarelli's absence and her questions on occupancy requirements. MOTION: By Councilmember Chang, seconded by Councilmember Diener, to move this item to a date certain. Councilmember Rosapepe explained that Councilmembers have methods to get their feelings known about something, and he feels a little blindsided from an action that we could vote on tonight. The motion carried. The motion passed. Councilmember Rosapepe voted no. C. Adoption of Ordinance Amending POMC Chapters 20.33 and 20.34 Accessory Structure Setbacks (Time Stamp: 1:05:02) MOTION: By Councilmember Chang, seconded by Councilmember Diener, to adopt an ordinance amending accessory structure setbacks in Port Orchard Municipal Code 20.33.010, and 20.34.010 through 20.34.060 as presented. The motion carried. (Ordinance No. 037-22) D. Adoption of a Resolution Approving a Contract with A -Advanced Septic Services, Inc. for the 2022 McCormick Woods Annual Septic Tank Cleaning (Time Stamp 1:10:38) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt Resolution No. 055-22, authorizing the Mayor to execute Contract No. C096-22 with A- Advanced Septic Services, Inc. for the 2022 McCormick Woods Annual Septic Tank Cleaning in the amount of $35,261.91 Back to Agenda Minutes or �)eptemoer ij, 2022 PaRe5of8 The motion carried. E. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory Committee (Time Stamp 1:19:15) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution confirming the Mayor's appointment of a representative from the Red Lion Inn & Suites and Mrs. Howes Bed and Breakfast, as businesses required to collect the tax and Saints Car Club and Port Orchard Chamber of Commerce as organizations involved in activities, to serve on the Lodging Tax Advisory Committee; and to confirm the appointment of Councilmember Cucciardi as chair of the committee. The motion carried. (Resolution No. 094-22) F. Adoption of a Resolution Approving the Purchase of an Evidence Storage Refrigeration Unit for the Police Department (Time Stamp 1:21:32) MOTION: By Councilmember Trenary, seconded by Councilmember Clauson, to adopt a resolution authorizing the purchase of an evidence storage refrigeration unit from Helmer Scientific for a total purchase price of $9,386.78 (applicable tax included). The motion carried. (Resolution No. 095-22) G. Adoption of a Resolution Approving a Contract with AHBL Inc. for the 2024 Comp Plan Update, Critical Areas Code Update, and Subarea Planning Project (Time Stamp 1:24:51) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution authorizing the mayor to execute a contract with AHBL, Inc. in the amount of $361,965. The motion carried. (Resolution No. 096-22 and Contract No. 108-22) H. Approval of Amendment No. 7 to Contract No. 066-20 with Rice Ferguson Miller, Inc. for the Design Development and Construction Drawings for the Community Event Center (Time Stamp 1:28:09) MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to authorize the Mayor to execute Amendment No. 7 to Contract No. C066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $631,200. The motion carried. Back to Agenda Minutes oT �)eptemoer ij, 2022 PaRe6of8 I. Approval of a Lease Agreement with the Special Olympics Washington, South Kitsap Flag Football Program for Use of a Portion of Van Zee Park (Time Stamp 1:33:14) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to authorize the Mayor to execute a lease with the Special Olympics Washington, South Kitsap Flag Football Program, for temporary use of the Van Zee Park, including the lights, as presented. The motion carried. (Contract No. 109-22) J. Approval of the August 9, 2022, City Council Meeting Minutes (Time Stamp 1:34:14) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to approve the minutes as presented. The motion carried. Councilmember Cucciardi abstained. K. Authorization of an Amendment to Contract No. 094-21 with West Coast Code Consultants for Building/Fire Code Plan Review and Building/Fire Code Inspection Services (Time Stamp 1:35:45) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to execute Amendment No. 1 to Contract No. C094-21 with West Coast Code Consultants for building /fire code plan review and building code inspection services. The motion carried. L. Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Decommissioning a Hydrant (Time Stamp 1:39:25) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a resolution authorizing the Mayor to sign Contract No. C105-22 with Washington State Department of Transportation for removal and/or relocation of hydrant and related utilities. Councilmember Chang explained he works for the Department of Transportation and would recuse himself if anyone had concerns. No one voiced any concerns. The motion carried. (Resolution No. 083-22) 8. DISCUSSION ITEMS (No Action to be Taken) A. CEC Design Alternatives -Lighting, Decking, and Polycarbonate vs. Glass (Time Stamp 1:43:54) Back to Agenda Minutes oT �epremoer i.s, 2022 Paee 7 of 8 Mayor Putaansuu explained there are 3 items Council needs to discuss related to the community event center: lighting alternatives, decking alternatives and polycarbonate versus glass. Various examples were shown for street lighting. After discussion, Council would like to move forward with Concept No. 1-Modern Wood streetlights. Additionally, they would like to stay with Puget Sound Energy's standards in the roadways and be creative within with event center plaza. Mayor Putaansuu spoke to the polycarbonate and glass cost, differences, upkeep, and possible locations. After discussion, Council would like to move forward with the glass option. Various examples and tentative locations were shown for decking, and after discussion, Council would like to move forward with Option B which is more functionally usable for events and has a better sightline. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 2:02:47) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet October 17th. The Transportation Committee is scheduled to meet September 27th. The Festival of Chimes and Lights Committee is scheduled to meet September 19th. The Land Use Committee is scheduled to meet in October. 10. REPORT OF MAYOR (Time Stamp: 2:06:48) The Mayor reported on the following: • Update on community event center; • Marina pump station and Kitsap Bank project and timelines; • Kitty Hall; • Public works shop tour; • Meeting at Peninsula Bevo on October 3rd; • In compliance with Resolution 007-11 'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures', he reported on revisions to employment of family members, code of conduct and outside employment and conflicts; and • Read a portion of the minutes from 1927, 1947 and 1972. 11. REPORT OF DEPARTMENT HEADS (Time Stamp: 2:15:52) Interim Public Works Director Hammer reported on their maintenance management system. Finance Director Crocker reported on the current budget process. In response to Mayor Putaansuu, Senior Planner Fisk thinks the issuance of single-family permits has slowed down. Back to Agenda Minutes oT �epremoer i.s, 2022 Page 8 of 8 City Attorney Archer reported she will be attending the work study to discuss trespassing on public property policies. Police Chief Brown reported on the new Deputy Police Chief. City Clerk Wallace reported on 2023 lodging tax allocation applications. 12. CITIZEN COMMENTS (Time Stamp: 2:22:19) There were no citizen comments. 13. EXECUTIVE SESSION There was no executive session. 14. CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 2:22:49) Councilmember Rosapepe spoke about booster and flu shots. 15. ADJOURNMENT The meeting adjourned at 8:53pm. No other action was taken. Visual was successful. Audio was not captured during the first Citizen Comments. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Port Orchard CEC Back to Agenda F Refere n Concept Discoverable Opportunities • "r Sinclair Inlet Topography Map Mosquito Fleet / Ferry Routes Historic Locations Flora / Fauna WALL ELEVATION SCALE: 3/16"=1'-0" Back 4 L7� JTT.•• .. I- ME ME I It Back to Agenda I 00 LIP PA M L I k x loll w ri PL I PR I F 00 ILI scr -41LOpipr FO -IfA toil "41 A 6— ht L.. Back to Agenda Community Event Center: Engaging Kitsap Vimeo: https://vimeo.com/749629210/3f713Odebe