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02/23/2021 - Regular - PacketCity of Port Orchard Council Meeting Agenda February 23, 2021 6:30 p.m. Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is NOT conducted in-person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in-person) to hear each other at the same time. Therefore; Remote access only Link: https://us02web.zoom.us/j/89332305156 Zoom ID: 893 3230 5156 Zoom Call-In: 1 253 215 8782 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. When recognized by the Mayor, please state your name for the official record) 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 5.PRESENTATION A.Storm Response Efforts by PSE (Capps) 6.PUBLIC HEARING A.Adoption of an Ordinance Thereby Adopting the 2020 Amendment to the 2016 General Sewer Plan (Dorsey) Page 3 7.BUSINESS ITEMS A.Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits (Bond) Page 84 B.Adoption of an Ordinance Adopting the 2020 Amendment to the 2016 General Sewer Plan (Dorsey) Page 104 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosapepe Utilities/Sewer Advisory Committee Land Use Committee, Chair Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us 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. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. February 23, 2021, Meeting Agenda Page 2 of 2 C. Adoption of an Ordinance Amending Ordinance No. 017-19 and Approving Amendment No. 1 to Contract No. 038-19 with Police Chief Matt Brown (Lund) Page 108 D. Adoption of a Resolution Repealing Resolution No. 021-06 and Approving a Memorandum of Understanding with Guild Representing Patrol Officers Regarding Retirement Benefits (Lund) Page 126 E. Adoption of a Resolution Approving a Memorandum of Understanding for Participation in the Gorst Coalition, and an Increase in Funding for Participation (Archer) Page 131 F. Approval of the February 9, 2021, City Council Meeting Minutes Page 149 8. DISCUSSION ITEMS (No Action to be Taken) A. Water Capital Facility Charges (Crocker) 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) 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. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and Tourism March 8, 2021; 9:30am – 2nd Monday of each month Remote Access Utilities March 9, 2021; 5:00pm – 2nd Tuesday of each month Remote Access Finance March 16, 2021; 5:00pm – 3rd Tuesday of each month Remote Access Transportation February 23, 2021; 5:00pm; 4th Tuesday of each month Remote Access Festival of Chimes & Lights February 22, 2021; 3:30pm Remote Access Land Use March 10, 2021; 4:30pm Remote Access Lodging Tax Advisory March, 2021 Remote Access Sewer Advisory TBD, 2021 Remote Access Outside Agency Committees Varies Varies CITY COUNCIL GOOD OF THE ORDER 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 Meeting Date: February 23, 2021 Subject: Adoption of an Ordinance Thereby Prepared by: Mark Dorsey, P.E. Adopting the 2020 Amendment to the Public Works Director 2016 General Sewer Plan Atty Routing No.: 366922.0009 – PW Atty Review Date: February 11, 2021 Summary: The City of Port Orchard is required to develop and maintain a General Sewer Plan, consistent with WAC 173-240-050 and Ch. 90.48 RCW. On a six-year cycle the Plan must be re- evaluated but may be reviewed and amended on a shorter timeframe as needed. On June 14, 2016, the Port Orchard City Council adopted Ordinance No. 014-16, thereby adopting the now 2016 Update to the Port Orchard Comprehensive Plan, inclusive of the 2015 General Sewer Plan Update by reference. The 2016 General Sewer Plan is scheduled for a full review and update in 2022/2023. However, in 2019 and 2020, the City undertook an analysis of the 2016 General Sewer Plan to identify any necessary updates. In March 2020, upon completion of the sanitary sewer model, the City’s Public Works and Community Development Departments identified a need to update the Sanitary Sewer Capital Improvement Project (CIP) list within the 2016 General Sewer Plan. Updates needed were not only based upon the completed model, but also upon the fact that there has been significant increased development activity proposed within Sewer Basin 7 (previously identified as the Joint Planning Area within the vicinity of the Sidney Ave SW/SW Sedgwick Road intersection.) Staff also identified necessary informational updates on other projects previously identified within the 2016 General Sewer Plan that needed to be addressed prior to the next General Sewer Plan Update schedule for 2022/2023.Ordinance No. 008-21 is the result of those efforts and contains the proposed 2020 Amendments to the 2016 General Sewer Plan. The proposed 2020 Amendments to the 2016 General Sewer Plan were submitted to the Washington State Department of Ecology and the City received approval from on October 12, 2020. A Public Hearing is required for the pending adoption of Ordinance No. 008021, thereby adopting the 2020 Amendment to the 2016 General Sewer Plan. Relationship to Comprehensive Plan: Chapter 7 – Utilities (Sewer) Recommendation: Staff recommends opening and holding the Public Hearing. Alternatives: Do not hold Public Hearing Fiscal Impact: Adoption of the 2020 Amendment to the 2016 General Sewer Plan may have fiscal impact and a Budget Amendments may be required. Attachments: Ordinance No. 008-21 and Ordinance Ex. A (2020 Amendment to the 2016 General Sewer Plan). Page 3 of 156 ORDINANCE NO. 008-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING ORDINANCE NO. 014-16 TO ADOPT THE 2020 AMENDMENT TO THE 2016 GENERAL SEWER PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, consistent with the City’s Comprehensive Plan and development regulations, the City Council updated its General Sewer Plan in 2016 via Ordinance No. 014-16; and WHEREAS, at the direction of the City Council, the City conducted a comprehensive review of the General Sewer Plan, including new system modeling, and has identified necessary updates to portions of its 2016 General Sewer Plan due to increased development that likely necessitates the construction of new infrastructure; and WHEREAS, the necessary updates were incorporated into a 2020 Amendment to the 2016 General Sewer Plan, attached to this Ordinance as Exhibit A; and WHEREAS, a State Environmental Policy Act Checklist for the proposed amendments herein was prepared by City staff and on July 16, 2020, the City’s SEPA Official issued a Determination of Non- Significance (DNS); and WHEREAS, on July 20, 2020, a draft of the 2020 Amendment to the 2016 General Sewer Plan was provided to the Washington State Department of Ecology for its review and comment, and they issued an approval on October 12, 2020; and WHEREAS, a duly noticed Public Hearing before the City Council on the proposed amendments was held on February 23, 2021; and WHEREAS, the City Council finds that the 2020 Amendment to the 2016 General Sewer Plan serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the 2020 Amendment to the 2016 General Sewer Plan is consistent with the goals and policies of the City’s Comprehensive Plan and with the Growth Management Act, Chapter 36.70A RCW; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Ordinance No. 014-16 is hereby amended in part, as the City’s 2016 General Sewer Plan is hereby amended to read as set forth in Exhibit A (2020 General Sewer Plan Amendment) attached hereto and incorporated by this reference. Page 4 of 156 Ordinance No.008-21 Page 2 of 2 SECTION 2. 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 3. 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 23rd day of February 2021. _________________________ Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember PUBLISHED: EFFECTIVE DATE: Page 5 of 156 Exhibit A to Ordinance No. 008-21 Page 6 of 156 Page 7 of 156 Page 8 of 156 Page 9 of 156 Page 10 of 156 Page 11 of 156 Page 12 of 156 Page 13 of 156 Page 14 of 156 Page 15 of 156 Page 16 of 156 Page 17 of 156 Page 18 of 156 Page 19 of 156 Page 20 of 156 Page 21 of 156 Page 22 of 156 Page 23 of 156 Page 24 of 156 Page 25 of 156 Page 26 of 156 Page 27 of 156 Page 28 of 156 Page 29 of 156 Page 30 of 156 Page 31 of 156 Page 32 of 156 Page 33 of 156 Page 34 of 156 Page 35 of 156 Page 36 of 156 Page 37 of 156 Page 38 of 156 Page 39 of 156 Page 40 of 156 Page 41 of 156 Page 42 of 156 Page 43 of 156 Page 44 of 156 Page 45 of 156 Page 46 of 156 Page 47 of 156 Page 48 of 156 Page 49 of 156 Page 50 of 156 Page 51 of 156 Page 52 of 156 Page 53 of 156 Page 54 of 156 Page 55 of 156 Page 56 of 156 Page 57 of 156 Page 58 of 156 Page 59 of 156 Page 60 of 156 Page 61 of 156 Page 62 of 156 Page 63 of 156 Page 64 of 156 Page 65 of 156 Page 66 of 156 Page 67 of 156 Page 68 of 156 Page 69 of 156 Page 70 of 156 Page 71 of 156 Page 72 of 156 Page 73 of 156 Page 74 of 156 Page 75 of 156 Page 76 of 156 Page 77 of 156 Page 78 of 156 Page 79 of 156 Page 80 of 156 Page 81 of 156 Page 82 of 156 Page 83 of 156 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 7A Meeting Date: February 23, 2021 Subject: Adoption of an Ordinance Amending Port Prepared by: Nicholas Bond, AICP Orchard Municipal Code Chapter 13.04 DCD Director Concerning Sewer General Facility Fee Atty Routing No.: Matter 11-Development Credits Atty Review Date: February 17, 2021 Summary: Since November 2017, the City Council has been discussing the current Port Orchard Municipal Code (POMC) regarding water and sewer credits for capital facility charges. Most recently, at the City Council meetings of December 8, 2020, January 19, 2021, and February 9, 2021, the Council reviewed and discussed the POMC regarding sewer credit for general facility fees. The Council agreed that the current code language does not provide a meaningful incentive for developers to build sewer infrastructure. The Council requested that City staff evaluate credit options to provide an incentive without jeopardizing the City’s enterprise capital projects. Staff has worked with the City Attorney to draft an ordinance that will provide a credit for additional capacity beyond the need of an individual development that is provided to the City from the completion of an infrastructure project. This credit will be referred to as the General Facility Fee (GFF) Credit for excess capacity. The attached ordinance outlines the requirements for this credit and provides a process for seeking the credit. Based on feedback since the February 9th City Council meeting on the proposed ordinance, two additional changes to the draft ordinance were made. 1. POMC 13.04.040(6)(a)(ii) was revised to clarify how the required sizing of sewer facilities subject to a credit agreement is determined. A provision was added to specify that the City may require additional analysis of the proposed facility and service area to verify that a facility is sized to adequately serve future growth. 2. POMC 13.04.040(6)(e) was revised to clarify that GFF payment deferrals are at the sole discretion of the City and are to rarely occur. As was shown in previously provided redline drafts, the ordinance was revised as follows: 1. Terminology has been clarified in POMC 13.04.025 and 13.04.040. The terms capital facility charge, general facility fee, general facility charge, and sewer wastewater treatment fee were not used consistently throughout these code sections. This discrepancy has been fixed and credits are only available towards the general facility fee. Page 84 of 156 Staff Report 7A Page 2 of 2 2. The ordinance describes the timing for requesting a credit – to be made with a new application submittal or with a pending application. 3. The ordinance requires that there be an agreement between the City and the developer that addresses the credit. 4. The ordinance details how the amount of credit is to be determined and provides an example of a credit calculation. 5. The ordinance provides a detailed process for approving a GFF credit. This process is modeled after the process created for and included in the McCormick Woods Development Agreement for Transportation. The ordinance as presented allows credits to be granted at the discretion of the City Council. In the proposed revisions to POMC 13.04.040(6), the language does not require the City Council to enter into agreements, but does provide the authority for credit agreements and a process, limitations, and requirements if an agreement is reached. This ordinance will help incentivize development activity and the private construction of public sewer facilities. Recommendation: Staff recommends approval of the ordinance as presented. These revisions are needed to support pending development projects in time to hit the summer 2021 construction window. Relationship to Comprehensive Plan: This ordinance helps to incentivize private construction of public facilities that are identified in the City’s Comprehensive Plan. Motion for consideration: “I move to adopt an ordinance amending POMC Chapter 13.04 concerning sewer general facility fee credits.” Fiscal Impact: These amendments are likely to incentivize development that will generate a variety of City revenues. The amendment may reduce sewer general facility fee revenue in the near term, but in the long term the City will gain capacity and the ability to support additional development that will generate future GFF payments. Alternatives: Do not adopt the proposed ordinance; revise the proposed ordinance. Attachments: Ordinance; Recent Redline Ordinance (note that the full redline version was provided in the 2/9 packet and only the recent changes are shown in this redline version). Page 85 of 156 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO SEWER CAPITAL FACILITY CHARGES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 13.04.025 AND 13.04.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, at Port Orchard Municipal Code 13.04.040, the City currently provides a means by which developers may obtain credit against the general facility charges owed to the City for new development and connections to the City’s sewerage system; and WHEREAS, the City Council desires to amend the codified language to allow for a credit where development has resulted in an upsizing capacity outside that needed for the development; and WHEREAS, at POMC 13.04.025, staff suggests an amendment to clarify the components of the sewer capital facility charge for consistency with POMC 13.04.040; and WHEREAS, a public hearing before the City Council on the proposed amendments was held on February 9, 2021; and WHEREAS, the City Council finds that the amendments herein to POMC 13.04.025 and 13.04.040 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. Port Orchard Municipal Code 13.04.025 is hereby amended to read as attached at Exhibit A hereto. SECTION 2. Port Orchard Municipal Code 13.04.040 is hereby amended to read as attached at Exhibit A hereto. SECTION 3. 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 3. 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. Page 86 of 156 Ordinance No. ___ Page 2 of 9 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 23rd day of February 2020. _________________________ Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember PUBLISHED: EFFECTIVE DATE: Page 87 of 156 Ordinance No. ___ Page 3 of 9 Exhibit A 13.04.025 Fee Schedule. *** Sewer Capital Facility Charge, consisting of both: POMC 13.04.040 (2) Sewer Wastewater Treatment Facility Fee POMC 13.04.040 (2) Per ERU $3,597.37 McCormick Land Co. Div. 1-10 Per ERU $881.25 General Facility Fee POMC 13.04.040(2) Per ERU $8,525 *** 13.04.040 Sewer capital facility charge – Extension of sewer. (1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facility charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (a) Sewer Capital Facility Charge – Exception. The following exception applies to the assessment of the sewer capital facility charge. All four elements of the below-listed requirements must be present to qualify for the exception: (i) A nonresidential account paid the sewer capital facility charge at the time the property connected to the city’s sewer system; (ii) Sometime after the original connection, the property owner decides to construct Page 88 of 156 Ordinance No. ___ Page 4 of 9 a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the nonresidential account will be equal to or less than the usage at the time of the original connection; and (iv) The new construction, change in use, or building modification has not resulted in additional direct connection to the city’s sewer system or the establishment of an additional sewer account. (2) The sewer capital facility charge consists of two components: the general facility fee (GFF) and the wastewater treatment facility fee (WTFF). The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025. (3) The sewer capital facility charge shall be paid before connecting to the city sanitary sewer system, or before changing the use, or increasing the total ERU count above the amount for which a sewer capital facility charge has been paid, except where a sewer GFF agreement provides for a deferral of these fees. If work is to be done that requires a sewer capital facility charge, it shall be paid before a permit shall be issued. (4) If, after connection of a nonresidential service, the actual sewer usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the sewer capital facility charge was paid, the property owner shall pay to the city an additional sewer capital facility charge based upon the new or expanded use. The additional sewer capital facility charge shall be based upon the charge rate in effect at the time the increased use is requested and/or detected, whichever first occurs. (5) A credit against the sewer capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city, where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the sewer capital facility charge. The credit shall be equal to the amount of the property owner’s principal assessment, not including interest and penalties. The credit shall be applied at the time of payment of the sewer capital facility charge and shall not be used to reduce any assessments in the local improvement district. (6) Upon petition to the city engineer by the property owner or developer, a credit against the sewer general facility fee (GFF) may be applied for those developers that construct at their own expense and with the City’s advance agreement any of the improvements that are a basis for calculating the value of the sewer general facility fee and result in upsized capacity over that required to serve their development, or for those property owners that pay a latecomer’s fee Page 89 of 156 Ordinance No. ___ Page 5 of 9 toward those same improvements. The credit shall be memorialized in a GFF credit agreement approved by the City Council. The value of the credit shall be determined by the city engineer and shall be based on (1) conformance of the work with the General Sewer Plan of the city, and (2) shall be proportional to the additional capacity provided by the planned capital improvement. The credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects. Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(s). The total credit, if any, as provided in this subsection shall not exceed the amount of the total general facility fee due and payable to the sewer utility. The full actual costs of drafting and processing the GFF agreement shall be reimbursed by the owner or applicant prior to final City Council action on the agreement, to such extent that the actual costs exceed the initial application fee. Nothing in a GFF credit agreement shall limit the City’s ability to adjust the GFF due at the time of building permit issuance. The process for approving a GFF credit shall be as follows: (a) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request: i. Identification of the project proposed for construction as listed in the City’s sewer general facility fee calculation and the cost for that project as it appears in the GFF study. ii. Identification of the sizing requirements for the proposed facility is at the City’s sole discretion, based on (1) the City’s adopted General Sewer Plan or (2) a technical design analysis prepared by the City’s engineers confirming the sizing requirements for the facility to be constructed. If the City determines in its sole discretion that a technical design analysis is required, then the analysis shall be prepared at the applicant’s expense. iii. Identification of the size of the facility to be constructed in ERUs as described in section ii. above as well as share of the facility in ERUs to be used by the proposed development. (b) The City may create an application form to accompany credit requests. Page 90 of 156 Ordinance No. ___ Page 6 of 9 (c) The Director shall verify the information provided under section (a) above and may seek peer review at the requestor’s expense of any technical reports submitted to justify proposed credit amounts or proportionate shares. (d) Upon verification of eligibility, the Director shall prepare a GFF credit agreement for City Council consideration and approval. (e) The GFF credit agreement may allow the deferral of GFF charges pending completion of the facility to be constructed by the developer in exchange for credit in rare circumstances (such as when building construction subject to GFF payment/credit and sewer facility construction occur concurrently), at the sole discretion of the City. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the GFF. This deferral is allowed because the total amount of GFFs owed to the City may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total GFFs owed to the city, the agreement shall stipulate that a partial payment be made towards the GFFs owed for a project. The City Council may require a performance bond if deferral is allowed. (f) Credit shall not be granted until the Director has deemed the capital project as completed. (g) Project completion shall not occur until: i. The City deems it substantially complete; and ii. All punch list items are finished; and iii. The facility passes final inspection; and iv. The Developer has put a 2-year warranty and maintenance bond in place; and v. The City releases the performance bond (if applicable); and vi. The Developer has completed all property dedications; and vii. The Developer has provided the City with a Bill of Sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The Director shall have the authority to approve or reject project cost estimates and may request additional information in support of certified construction cost estimates. viii. The City Council accepts the project as public. (h) The City will confirm completeness of the Project by issuing a Final Notice of Completeness to the Developer. (i) Upon certification of completeness, the developer shall pay any balance owed for GFFs within 90 days or prior to the city’s issuance of a certificate of occupancy, whichever occurs Page 91 of 156 Ordinance No. ___ Page 7 of 9 first. For illustrative purpose only, a GFF credit is calculated as depicted below: Data needed to establish the credit value: 1) Verify the proposed project was included in the Sewer General Facility Fee Amount 2) Identify the project cost established for this project in the Sewer General Facility Fee 3) Identify the ERU’s for the Facility a. Number of ERU’s for Developer needs of the total facility b. Percentage ERU’s for Developer needs of the total facility c. Number of ERU’s for Excess Capacity of the total facility d. Percentage ERU’s for Excess Capacity of the total facility 4) Identify the Certified Construction Cost 5) Identify current Sewer General Facility Fee at time of agreement Calculation needed to establish the credit value: a) Sewer General Facility Fee Method available for credit (#2 multiplied by 3d) b) Certified Project Cost Method available for credit: (#4 multiplied by 3d) c) Total Sewer General Facility Fee owed by Developer: (#5 multiplied by 3a) The credit is the lowest value of a, b, or c. For illustrative purposes only, a GFF credit is depicted in the following example: EXAMPLE Data needed to establish the credit value: 1) Verified 2) $1,000,000 3) 1000 ERU’s a. 250 ERU’s b. 25% c. 750 ERU’s d. 75% 4) $900,000 5) $8,525 Calculated Credit Value: a) Sewer General Facility Fee Method available for credit: $750,000 $1,000,000 x 75% = $750,000 b) Certified Project Cost Method available for credit: $675,000 $900,000 x 75% = $675,000 c) Total Sewer General Facility Fee owed by Developer: $2,131,250 Page 92 of 156 Ordinance No. ___ Page 8 of 9 $8,525 x 250 = $2,131,250 The credit is the lowest value of a, b, or c. The maximum Credit is $675,000 (7) The City Council may require the GFF credit agreement to prorate GFF credits across all lots or units in a development when the amount of GFFs owed by the developer exceeds the amount of credit requested. (8) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the sewer general facility fee for the property to which the credit is being applied. (9) At the time the sewer general facility charge is paid, a sewer inspection fee shall be paid per lateral connection to the main. The sewer inspection fee is set forth in POMC 13.04.025. (10) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer. (11) Extension of Sewer to Property Contiguous to the City Shall Annex – Exception. Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of sewer connection. In the alternative, the city may elect to defer annexation and require the owner to execute a utility extension agreement as described in subsection (11) of this section. (12) Requirement for Utility Extension Agreement. (a) Property lying within the urban growth area which is not contiguous to the Port Orchard city limits shall be permitted water and/or sewer connection only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation/limited power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. Application for extension of utilities is subject to the following provisions: (i) Application fees as established by the city council shall be paid upon the submittal of a signed utility extension agreement (UEA) requesting water and/or sewer for property outside the city, but located within the urban growth area; (ii) The applicant will bear the entire cost of water and/or sewer connection pursuant to this chapter, as written or hereafter amended, subject to any provision in effect at the time of connection for latecomer reimbursement; (iii) The applicant will be subject to all applicable provisions of this chapter, as written or Page 93 of 156 Ordinance No. ___ Page 9 of 9 hereafter amended, for extension of city utilities, the payment therefor, and all enforcement provisions therein; and (iv) The UEA shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project application or approvals or when the director of planning determines that a substantial change or addition has been made to the project. (b) The city may disconnect the utilities for failure of the applicant or his/her successors or assigns, for violation of this chapter, or for violation of the terms and conditions of the UEA. (c) Following execution, such agreement shall be recorded by the city clerk in the chain of title for such property in the records of the Kitsap County auditor. Page 94 of 156 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO SEWER CAPITAL FACILITY CHARGES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 13.04.025 AND 13.04.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, at Port Orchard Municipal Code 13.04.040, the City currently provides a means by which developers may obtain credit against the general facility charges owed to the City for new development and connections to the City’s sewerage system; and WHEREAS, the City Council desires to amend the codified language to allow for a credit where development has resulted in an upsizing capacity outside that needed for the development; and WHEREAS, at POMC 13.04.025, staff suggests an amendment to clarify the components of the sewer capital facility charge for consistency with POMC 13.04.040; and WHEREAS, a public hearing before the City Council on the proposed amendments was held on February 9, 2021; and WHEREAS, the City Council finds that the amendments herein to POMC 13.04.025 and 13.04.040 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. Port Orchard Municipal Code 13.04.025 is hereby amended to read as attached at Exhibit A hereto. SECTION 2. Port Orchard Municipal Code 13.04.040 is hereby amended to read as attached at Exhibit A hereto. SECTION 3. 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. Page 95 of 156 Ordinance No. XXX Page 2 of 9 SECTION 3. 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 9th day of February, 2020. _________________________ Robert Putaansuu, Mayor ATTEST: ____________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: ____________ _______________ Charlene A. Archer, City Attorney XXX, Councilmember Page 96 of 156 Ordinance No. XXX Page 3 of 9 Exhibit A 13.04.025 Fee Schedule. *** Sewer Capital Facility Charge, consisting of both: POMC 13.04.040 (2) Sewer Wastewater Treatment Facility Fee POMC 13.04.040 (2) Per ERU $3,597.37 McCormick Land Co. Div. 1-10 Per ERU $881.25 General Facility Fee POMC 13.04.040(2) Per ERU $8,525 *** 13.04.040 Sewer capital facility charge – Extension of sewer. (1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facility charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (a) Sewer Capital Facility Charge – Exception. The following exception applies to the assessment of the sewer capital facility charge. All four elements of the below-listed requirements must be present to qualify for the exception: (i) A nonresidential account paid the sewer capital facility charge at the time the property connected to the city’s sewer system; Page 97 of 156 Ordinance No. XXX Page 4 of 9 (ii) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the nonresidential account will be equal to or less than the usage at the time of the original connection; and (iv) The new construction, change in use, or building modification has not resulted in additional direct connection to the city’s sewer system or the establishment of an additional sewer account. (2) The sewer capital facility charge consists of two components: the general facility fee (GFF) and the wastewater treatment facility fee (WTFF). The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025. (3) The sewer capital facility charge shall be paid before connecting to the city sanitary sewer system, or before changing the use, or increasing the total ERU count above the amount for which a sewer capital facility charge has been paid, except where a sewer GFF agreement provides for a deferral of these fees. If work is to be done that requires a sewer capital facility charge, it shall be paid before a permit shall be issued. (4) If, after connection of a nonresidential service, the actual sewer usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the sewer capital facility charge was paid, the property owner shall pay to the city an additional sewer capital facility charge based upon the new or expanded use. The additional sewer capital facility charge shall be based upon the charge rate in effect at the time the increased use is requested and/or detected, whichever first occurs. (5) A credit against the sewer capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city, where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the sewer capital facility charge. The credit shall be equal to the amount of the property owner’s principal assessment, not including interest and penalties. The credit shall be applied at the time of payment of the sewer capital facility charge and shall not be used to reduce any assessments in the local improvement district. (6) Upon petition to the city engineer by the property owner or developer, a credit against the sewer general facility fee (GFF) may be applied for those developers that construct at Page 98 of 156 Ordinance No. XXX Page 5 of 9 their own expense and with the City’s advance agreement any of the improvements that are a basis for calculating the value of the sewer general facility fee and result in upsized capacity over that required to serve their development, or for those property owners that pay a latecomer’s fee toward those same improvements. The credit shall be memorialized in a GFF credit agreement approved by the City Council. The value of the credit shall be determined by the city engineer and shall be based on (1) conformance of the work with the General Sewer Plan of the city, and (2) shall be proportional to the additional capacity provided by the planned capital improvement. The credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects. Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(s). The total credit, if any, as provided in this subsection shall not exceed the amount of the total general facility fee due and payable to the sewer utility. The full actual costs of drafting and processing the GFF agreement shall be reimbursed by the owner or applicant prior to final City Council action on the agreement, to such extent that the actual costs exceed the initial application fee. Nothing in a GFF credit agreement shall limit the City’s ability to adjust the GFF due at the time of building permit issuance. The process for approving a GFF credit shall be as follows: (a) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request: i. Identification of the project proposed for construction as listed in the City’s sewer general facility fee calculation and the cost for that project as it appears in the GFF study. ii. Identification of the sizing requirements for the proposed facility is at the City’s sole discretion, based on (1) the City’s adopted General Sewer Plan or (2) a technical design analysis prepared by the City’s engineers confirming the sizing requirements for the facility to be constructed. If the Ccity determines in its sole discretion that a technical design analysis is required, then the analysis shall be prepared at the applicant’s expense. iii. Identification of the size of the facility to be constructed in ERUs as Page 99 of 156 Ordinance No. XXX Page 6 of 9 described in section ii. above as well as share of the facility in ERUs to be used by the proposed development. (b) The City may create an application form to accompany credit requests. (c) The Director shall verify the information provided under section (a) above and may seek peer review at the requestor’s expense of any technical reports submitted to justify proposed credit amounts or proportionate shares. (d) Upon verification of eligibility, the Director shall prepare a GFF credit agreement for City Council consideration and approval. (e) The GFF credit agreement may allow the deferral of GFF charges pending completion of the facility to be constructed by the developer in exchange for credit in rare circumstances (such as when building construction subject to GFF payment/credit and sewer facility construction occur concurrently), at the sole discretion of the City. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the GFF. This deferral is allowed because the total amount of GFFs owed to the City may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total GFFs owed to the city, the agreement shall stipulate that a partial payment be made towards the GFFs owed for a project. The City Council may require a performance bond if deferral is allowed. (f) Credit shall not be granted until the Director has deemed the capital project as completed. (g) Project completion shall not occur until: i. The City deems it substantially complete; and ii. All punch list items are finished; and iii. The facility passes final inspection; and iv. The Developer has put a 2-year warranty and maintenance bond in place; and v. The City releases the performance bond (if applicable); and vi. The Developer has completed all property dedications; and vii. The Developer has provided the City with a Bill of Sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The Director shall have the authority to approve or reject project cost estimates and may request additional information in support of certified construction cost estimates. viii. The City Council accepts the project as public. Page 100 of 156 Ordinance No. XXX Page 7 of 9 (h) The City will confirm completeness of the Project by issuing a Final Notice of Completeness to the Developer. (i) Upon certification of completeness, the developer shall pay any balance owed for GFFs within 90 days or prior to the city’s issuance of a certificate of occupancy, whichever occurs first. For illustrative purpose only, a GFF credit is calculated as depicted below: Data needed to establish the credit value: 1) Verify the proposed project was included in the Sewer General Facility Fee Amount 2) Identify the project cost established for this project in the Sewer General Facility Fee 3) Identify the ERU’s for the Facility a. Number of ERU’s for Developer needs of the total facility b. Percentage ERU’s for Developer needs of the total facility c. Number of ERU’s for Excess Capacity of the total facility d. Percentage ERU’s for Excess Capacity of the total facility 4) Identify the Certified Construction Cost 5) Identify current Sewer General Facility Fee at time of agreement Calculation needed to establish the credit value: a) Sewer General Facility Fee Method available for credit (#2 multiplied by 3d) b) Certified Project Cost Method available for credit: (#4 multiplied by 3d) c) Total Sewer General Facility Fee owed by Developer: (#5 multiplied by 3a) The credit is the lowest value of a, b, or c. For illustrative purposes only, a GFF credit is depicted in the following example: EXAMPLE Data needed to establish the credit value: 1) Verified 2) $1,000,000 3) 1000 ERU’s a. 250 ERU’s b. 25% c. 750 ERU’s d. 75% 4) $900,000 5) $8,525 Calculated Credit Value: Page 101 of 156 Ordinance No. XXX Page 8 of 9 a) Sewer General Facility Fee Method available for credit: $750,000 $1,000,000 x 75% = $750,000 b) Certified Project Cost Method available for credit: $675,000 $900,000 x 75% = $675,000 c) Total Sewer General Facility Fee owed by Developer: $2,131,250 $8,525 x 250 = $2,131,250 The credit is the lowest value of a, b, or c. The maximum Credit is $675,000 (7) The City Council may require the GFF credit agreement to prorate GFF credits across all lots or units in a development when the amount of GFFs owed by the developer exceeds the amount of credit requested. (8) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the sewer general facility fee for the property to which the credit is being applied. (9) At the time the sewer general facility charge is paid, a sewer inspection fee shall be paid per lateral connection to the main. The sewer inspection fee is set forth in POMC 13.04.025. (10) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer. (11) Extension of Sewer to Property Contiguous to the City Shall Annex – Exception. Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of sewer connection. In the alternative, the city may elect to defer annexation and require the owner to execute a utility extension agreement as described in subsection (11) of this section. (12) Requirement for Utility Extension Agreement. (a) Property lying within the urban growth area which is not contiguous to the Port Orchard city limits shall be permitted water and/or sewer connection only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation/limited power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. Application for extension of utilities is subject to the following provisions: (i) Application fees as established by the city council shall be paid upon the submittal of a signed utility extension agreement (UEA) requesting water and/or sewer for property outside the city, but located within the urban growth area; Page 102 of 156 Ordinance No. XXX Page 9 of 9 (ii) The applicant will bear the entire cost of water and/or sewer connection pursuant to this chapter, as written or hereafter amended, subject to any provision in effect at the time of connection for latecomer reimbursement; (iii) The applicant will be subject to all applicable provisions of this chapter, as written or hereafter amended, for extension of city utilities, the payment therefor, and all enforcement provisions therein; and (iv) The UEA shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project application or approvals or when the director of planning determines that a substantial change or addition has been made to the project. (b) The city may disconnect the utilities for failure of the applicant or his/her successors or assigns, for violation of this chapter, or for violation of the terms and conditions of the UEA. (c) Following execution, such agreement shall be recorded by the city clerk in the chain of title for such property in the records of the Kitsap County auditor. Page 103 of 156 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 7B Meeting Date: February 23, 2021 Subject: Adoption of an Ordinance Adopting the Prepared by: Mark Dorsey, P.E. 2020 Amendment to the 2016 General Public Works Director Sewer Plan Atty Routing No: 366922.0009 – PW Atty Review Date: February 11, 2021 Summary: Earlier this evening, a duly noticed Public Hearing was held before the City Council on the proposed 2020 Amendment to the City of Port Orchard 2016 General Sewer Plan. The City of Port Orchard is required to develop and maintain a General Sewer Plan, consistent with WAC 173-240-050 and Ch. 90.48 RCW. On a six-year cycle the Plan must be re-evaluated but may be reviewed and amended on a shorter timeframe as needed. On June 14, 2016, the Port Orchard City Council adopted Ordinance No. 014-16, thereby adopting the now 2016 Update to the Port Orchard Comprehensive Plan, inclusive of the 2015 General Sewer Plan Update. The 2016 General Sewer Plan is scheduled for a full review and update in 2022/2023. However, in 2019 and 2020, the City undertook an analysis of the 2016 General Sewer Plan to identify any necessary updates. In March of 2020, upon completion of the sanitary sewer model, the City’s Public Works and Community Development Departments identified a need to update the Sanitary Sewer Capital Improvement Project (CIP) list within the 2016 General Sewer Plan. Updates needed were not only based upon the completed model, but also upon the fact that there has been significant increased development activity proposed within Sewer Basin 7 (previously identified as the Joint Planning Area within the vicinity of the Sidney Ave SW/SW Sedgwick Road intersection.) Staff also identified necessary informational updates on other projects previously identified within the 2016 General Sewer Plan that needed to be addressed prior to the next General Sewer Plan Update schedule for 2022/2023. Ordinance No. 008-21 is the result of those efforts and contains the proposed 2020 Amendments to the 2016 General Sewer Plan was developed. The proposed 2020 Amendments to the 2016 General Sewer Plan were submitted to the Washington State Department of Ecology, and the City received approval from Ecology on October 12, 2020. Relationship to Comprehensive Plan: Chapter 7 – Utilities (Sewer). Recommendation: Staff recommends adoption of Ordinance No. 008-21, thereby adopting the 2020 Amendment to the 2016 General Sewer Plan. Motion for Consideration: I move to adopt Ordinance No. 008-21, thereby adopting the 2020 Amendment to the 2016 General Sewer Plan. Alternatives: None. Page 104 of 156 Business Item 7B Page 2 of 2 Fiscal Impact: Adoption of the 2020 Amendment to the 2016 General Sewer Plan may have fiscal impact and a Budget Amendment may be required. Attachments: DOE Approval Letter (dated 10/12/2020). Ordinance and Exhibit A (2020 Amendment to the 2016 General Sewer Plan) provided in Public Hearing documents. Page 105 of 156 Re STATE OF WASHINCTON DEPARTMENT OF ECOLOGY Northvest Regional O.ffice . 3190 I60th Avenue SE . Bellevue, Washington 98008-5452 . (425) 649-7000 7l I .for Washington Relay Service . Persons v,ith a speech disability can call (877) 833-6341 October 12,2020 Mark Dorsey, P.E. Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Dear Mark Dorsey City of Port Orchard (NPDES Perrnit No. WA0020346) Approval of 2016 General Sewer Plan Amendment The City of Port Orchard has submitted to the Department of Ecology the 2016 General Sewer Plan Amendment (dated September 2020). Ecology received the report (e-copy) on October 1,2020.The repoft was prepared by the City of Port Orchard and BHC Consultants, LLC. In accordance with RCW 90.48.1 l0 and W AC 173-240-050, the report, has been reviewed and is hereby approved. An approved copy of the document will be kept on file at the Department of Ecology. The title page (with Ecology's approval stamp) is enclosed for your records. Nothing in this approval shall be construed as satisfying other applicable federal, state or local statutes, ordinances or regulations. This review and approval is limited to assuring compliance with the State water quality laws and regulations listed above. For additional information, please contact Kevin Leung, permit manager, at (425) 649-7207 or by email at kevin.leune@ecy.wa. gov. Sincerely, frdloi, rr\wru- RachelMcCrea Section Manager NWRO Water Quality Section Enclosure: Ecology's Approval of the 2016 General Sewer Plan Amendment ecc: Jacki Brown, City of Port Orchard James Gross, P.8., BHC Consultants, LLC Randy Screws, West Sound Utility District Kevin Leung, P.E., Ecology cc Department of Ecology Central Files, City of Port Orchard, WQ 4.5 Page 106 of 156 iil:i'i,'i"'t APPRovlit) DEPARTME OF EC LOGV SIG\SIL R Dr\TE Crryor Ponr OncHenu Public Works z16 Pmspect Str€et Port Orchard, WA 99366 Phone: (s6o) 826-+ggl r Fax: (g6o) 826-+q8o www.cityofportorcharil.us General Sewer Plan Amendment by PE v cn'at. bl..,i..:.,t,''t't"' c,September, 2020 Page 107 of 156 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 7C Meeting Date: February 23, 2021 Subject: Adoption of an Ordinance Amending Ordinance Prepared by: Debbie Lund No. 017-19 and Approving Amendment No. 1 HR Manager to Contract No. 038-19 with Police Chief Matt Atty Routing No.: 366922.008 – HR Brown Atty Review Date: February 17, 2021 Summary: The City of Port Orchard and current Police Chief Matt Brown entered into an employment contract on May 28, 2019. Portions of the contract duplicate City policy regarding benefits and terms of employments for non-contract employees, those policies are attached to the contract so that any update to those policies require an amendment to the contract if/when the affected City policies are amended. To avoid that unnecessary task that requires staff time and effort, the proposed amendment to the contact removes all unnecessary attachments to the contract by incorporating the appropriate policies and documents by reference into the Contract. Additionally, the existing contract provided for a bank of holiday hours similar to that of the Patrol and Sergeant’s union contracts. As the department’s executive with duties different than those assigned to Patrol Officers and Sergeants, the Police Chief does not routinely respond to calls or cover shifts of the other uniformed officers, negating the need to provide the Police Chief with a bank of holiday hours. Instead, the Police Chief’s duties are appropriately served by leave allocations consistent with those provided to all FLSA Exempt employees of the City. The proposed language resolves the existing a bank of holiday hours unused and carried over from 2020, and pays the Chief for holidays based on the calendar days in the same manner as other FLSA Exempt employees of the City going forward. Recommendation: Staff recommends the City Council adopt this Ordinance to amend Ordinance No. 017- 19 and the current contract with Police Chief Matt Brown. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt an Ordinance, as presented, to amend Ordinance No. 017-19 relating to Contract No. 038-19 with Matthew H. Brown, Police Chief.” Fiscal Impact: N/A Alternatives: Not approve this request and provide alternative guidance. Attachments: Ordinance, and Ordinance No. 017-19 with attachments including Contract No. 038-19, (Exhibit 1 available to public upon approval of Council). Page 108 of 156 ORDINANCE NO.____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING ORDINANCE NO. 017-19 AND AUTHORIZING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH MATTHEW BROWN, POLICE CHIEF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 017-19, the City Council authorized the Mayor to execute Contract No. 038-19, an employment agreement with Matthew Brown to serve as City of Port Orchard Chief of Police (“Agreement”); and WHEREAS, the parties to that Agreement desire to amend the Agreement to modify the leave accrual rates so that they match those afforded to all FLSA-exempt City employees; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Exhibit A to Ordinance No. 017-19, Contract No. 038-19, is hereby amended in part as set out in Amendment No. 1, which is Exhibit 1 hereto and adopted herein by this reference. SECTION 2. 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 3. 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 23rd day of February 2021. _________________________ Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 109 of 156 Ordinance No.___ Page 2 of 2 APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 110 of 156 ORDINANCE NO. OT7.L9 AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASH NGTON, APPROV NG AN EMPLOYMENT AGREEMENT W TH MATTHEW BROWN, JOB DESCRIPT ON, AND SATARY SCALE FOR CH EF OF POL CE; PROVIDING FOR SEVERAB LITY AND PUBL CAT ON; AND SETTING AN EFFECT VE DATE. WHEREAS, RCW 35A.34 ("Biennial Budgets") contains a provision relating to the adjustment of wages, hours and conditions of employment for appointive employees; and WHEREAS, RCW 35A.34.180 requires the legislative body make such adjustments by ordinance; and WHEREAS, current Police Chief Marti will retire, and the City will need to seek a new police chief; and WHEREAS, the City hired a consultant to handle the recruitment of the police chief; and WHEREAS, the City held interviews with the top candidates, including holding a public greeting; and WHEREAS, after extensive review, the Mayor appointed Matthew Brown as the City's Police Chief and the City council confirmed the appointment; and WHEREAS, the City Counci! wishes to enter into an employment agreement with Matthew Brown, herein attached as Exhibit A; along with his job description, attached as Exhibit B, and salary scale as Exhibit C; now, therefore, THE C TY COUNCIL OF THE CITY OF PORT ORCHARD, WASH NGTON, DO ORDA N AS FOLLOWS: SECTION 1. The Cit y council authorizes the Mayor to execute an employment agreement with Matthew Brown as the City's Police Chiel effective July 8,2OL9. Matthew Brown will officially become the City's Police Chief upon his swearing in, which is scheduled to take place on the morning of Monday, July 8,2OL9. At that time, he will assume the duties of Police Chief. SECTION 2. Severability. lf an y 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. Page 111 of 156 Ordinance No. OL7-L9 Page 2 of 2 SECTION 3. Publ tion This Ordinance shall be published by an approved summary consisting of the title. SECT ON 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 28th day of May 2OL9.rlllll ntt, a ti Robert PutaansuU, M ATTEST:SPONSOR: Brandy Rinearsor, MMC, City Clerk n Clauson, Councilmember APPROVED AS TO FORM: () Sharon Cates, City Attorney 4 PU BLISH ED: EFFECTIVE DATE: June 7,2OL9 June L2,2OL9 o a\r'o a a Page 112 of 156 CHIEF OF POLICE EMPLOYMENT AGREEMENT Between CITY OF PORT ORC And MATTHEW BRO}TI\ Contract No. 1. . This Employment Agreement (hereinafter "Agreement"), for reference purposes, shall be deemed made and entered into this May 28, zot9, between the CITY OF PORT ORCHARD, Washington, a municipal corporation (hereafter the "Citf"), and Matthew H. Brown (hereafter "Brown"). ,a A. The City agrees to employ Brown to perform the duties and functions of Chief of Police as specified in the Port Orchard job description (attached hereto as Exhibit A and incorporated herein by this reference) for Chief of Police, and to perform such other proper and permissible duties as the City shall from time to time designate. The term of this Agreement shall be from May 28, zotg through May 27,2c.28. This Agreement shall be automatically renewed for a single one-year term beginning May zB, zozy, unless at least two (z) months prior to the end of the initial period, the City advises Brown in writing of its intent not to renew. B. The parties agree that Brown shall be an "exempt" employee who is not eligible for overtime compensation under either Washington State, federal, or local law. C. Brown's employment shall continue until he gives notice to the City of his desire either to seek other employment or to retire, or until the City gives him notice of termination, or requests or requires his resignation; provided, however, that nothing contained herein shall prohibit Brown or the City from mutually agreeing to amend, in writing, any term, provision or section of this Agreement, or to add or delete provisions of this Agreement, at any time whatsoever. 3. . The effective date of this Agreement shall be May 28, 2org. The first day of Brown's employment as Chief of Police shall be Monduy, July 8, zor9. The July B, zorg employment date will be used for salary steps and benefit purposes. 4. . The City agrees to pay Brown, for his services rendered pursuant hereto, according to the adopted city Salary Schedule for Police Chiel attached hereto as Exhibit g and incorporated herein by this reference, starting at the "First 6 months" step amount (subject to applicable withholdings). Brown shall not be eligible for longevity pay. Brown shall receive the same cost-of-living adjustments (if any) received by other directors in the City. S. . The Mayor shall endeavor to conduct an evaluation of Brown's performance by December 3r of each year. Page I of6 038-19 Page 113 of 156 6. Hours of Work. Brown's schedule of work each day and week shall vary in accordance with work required to be performed, including such time as may be necessary outside normal office hours. To that end, Brown shall be allowed administrative leave as he shall deem appropriate during said normal office hours, subject to approval by the Mayor. 7. . Notwithstanding the existence of Chapter 2-36 of the Port Orchard Municipal Code providing liability protection to City employees, the City agrees to indemnify and hold Brown and his marital community harmless from any claims, demands, suits, judgments and personal liability of any kind or nature, which claims, demands, suits, judgments and personal and community liability arise out of the scope of his employment with the City. This indemnification and hold harmless shall continue after Brown's cession of employment but only insofar as it relates back to claims, demands, suits, judgment and personal and community liability arising out of the scope of his employment. Provided, this indemnity shall not extend to actions for which severance pay can be denied under the provisions of Section 14.A. of this Agreement. In the event that the parties cannot agree whether the claim, demand, suit, judgment, or liability arises out of the employee's scope of employment, then this issue shall be submitted to final and binding arbitration. If the parties cannot agree upon an arbitrator, then they shall submit the matter to the Washington Arbitration and Mediation Service ("WAMS") and WAMS shall select the arbitrator and conduct the arbitration. The venue of the arbitration shall be Pierce County, Washington. Each party shall pay one-half the cost of the arbitration (including any filing fees charged by the arbitrator) and shall be solely responsible for its/his legal fees. Questions of the arbitrability or the scope of the parties' agreement to arbitrate shall be determined by the arbitrator. Washington law shall govern any dispute submitted to arbitration under this Agreement without regard to conflict of laws principles. 8. . Brown shall be furnished with the same uniforms and equipment provided other commissioned officers of the department pursuant to the terms of their collective bargaining agreement and shall be provided replacement uniforms as necessary. Additionally, Brown shall be entitled to all safety equipment, including department issued firearms. The City shall furnish Brown with an automobile in a good and safe condition for his use while on duty, including travel to and from his place of residence. Use of the automobile to travel to and from Brown's place of residence shall be allowed only if Brown's residence is located within the City of Port Orchard or within twenty-five (zS) miles of the Port Orchard city limits. 9.. A. Vacation: Brown shall earn a total of one hundred sixty (16o) hours of vacation leave annually, which shall be credited on a prorated monthly basis. Once having completed three (3) years of employment in this position, Brown shall also accrue vacation leave of an additional eight (B) hours of vacation for each year of employment credited to his vacation account annually. Bror,l'n agrees to use at least Page 2 of 6 Page 114 of 156 eighty (8o) hours of vacation leave annually, of which at least for$ (+o) hours shall be in a single block of five (5) consecutive days, except in his first year of employment. Only 24o hours of vacation time shall be carried over each year. Brown shall be paid at cessation of employment for any unused vacation up to 24o hours. B. Sick Leave: Brown shall be credited with eight (8) hours sick leave per month of employment. Accrued but unused sick leave shall not be cashed out upon Bror,rm's sepaiation of employment from the City, regardless of the reason for the separation. 10. . Brovvn shall earn eighty (8o) hours of holiday leave annually, which shall be credited on a prorated monthly basis. Brovrm shall also receive two personal holidays each year. 11. . The City shall pay a portion of the cost of medical insurance coverage, as determined appropriate by the City at its discretion, for Brown and his eligible family members for Regence Health First 2So Plan health insurance, Washington Dental Service dental, and VSP vision plans (or such other alternate plans as may be determined appropriate by the City in its discretion). Brorrrn shall be entitled to the same life insurance policy amount provided to other City employees, which is currently $5o,ooo. Brown shall be the named insured and shall be responsible for designating the policy beneficiary(ies). t2. . Both the City and Brown shall make contributions to the applicable LEOFF retirement plan in accordance with plan rules and regulations and required contribution levels. 13. City. . Any bonding costs required of Brown shall be the responsibility of the 14.Professional Develonment . Professional dues and subscriptions of Brorrrn and associated costs (including travel, lodging, and meal expenses) reasonably necessary for his continuation and full participation in regional, state, and national associations and organizations that are necessary and desirable for his continued professional participation, growth, and advancement to better serve the interests of the City are expected to be paid for by the City, provided they are approved in the budget process and approved by the Mayor. After two (z) years of employment with the City, Brown's enrollment and attendance at the Senior Management Institute for Police (SMIP) shall be paid for by the City, provided that these funds are approved in the budget process. These expenses shall include travel, lodging, and meal expenses. 15. o A. Brown's employment is terminable at the will of the Mayor. "At-will" employment means either the Mayor or Brown may terminate Brown's employment Page 3 of 6 Page 115 of 156 relationship with the City at any time, for any reason, or for no reason. In the event Bror,rrn's employment is terminated by the Mayor as herein provided, or he is requested or required to resign his position as Chief of Police by the Mayor at a time when Brornm is willing and able to perform the duties of Chief of Police, then, in that event, the City agrees to pay Bror,rm compensation as set forth in this Section 14. Provided, however, the other provisions of Section 14 and the remainder of this Agreement notwithstanding, in the event Brornrn's employment is terminated for "cause," then the City shall have no obligation to pay the severance compensation designated in this Section t4. For purposes of this Agreement, the term "cause" shall mean:(i) an intentional act of fraud, embezzlement, theft or any other material violation of law that occurs during or in the course of employment with the City; (ii) intentional damage to City assets; (iii) breach of any obligation under this Agreement; (iv) the willful and continued failure to substantially perform duties for the City (other than as a result of incapacity due to physical or mental illness); or (v) willful conduct that is demonstrably and materially injurious to the City, monetarily or otherwise. For purposes of this paragraph, an act, or a failure to act, shall not be deemed willful or intentional, as those terms are defined herein, unless it is done, or omitted to be done, in bad faith or without a reasonable belief that the action or omission was in the best interest of the City. Failure to meet performance standards or objectives, by itself, does not constitute "Cause". "Cause" includes any of the above grounds for dismissal regardless of whether the City learns of it before or after terminating employment. Severance compensation(if appJicable) shall be paid in a lump sum (subject to the usual and customary withholdings) with the next regular payroll following the pay period when the termination occurred. B. The severance compensation (if applicable) shall be as follows: 1. A lump sum cash payment equal to two (z) months aggregate salary. Aggregate salary is his base salary on the terhination datl, including aili oth., incentive pays to which he may be entitled. 2. The City shall continue to pay a portion of the cost of medical insurance coverage, as determined appropriate by the City at its discretion for Bror,rm ul-d his eligible family members on the medical, dental, vision, and life insurance plans offered by the City and on which Brown and his family members were enrolled on the date he was terminated/resigned. Provided, if by the policy terms, the City cannot continue a particular benefit, then the City shall pay Brown a sum equal to the premium payments for two (z) months. Provided, in the case of benefits covered by COBRA, the City shall pay an amount equal to two months of payments under the COBRA coverage. 3. A lump sum cash payment for all accrued, but unused, vacation time, up to 24o hours. C. In consideration of Brown's receipt of the severance compensation described in subsection B, above, Brorrvn agrees to execute, in a form satisfactory to the City Attorney, a release of all claims against the City, its elected and appointed officers, employees or agents, for any and all claims (known and unknown) arising out of Page 4 of 6 Page 116 of 156 Broum's employment with the City and Brornm's termination of employment by the City. If Brornrn elects to forego the severance compensation, his failure to execute a release of claims shall not be a breach of this Agreement. D. In the event Brown voluntarily resigns or retires from his position with the City, Brown shall give the City sixty (6o) days' written notice. Any such voluntary resignation or retirement by Brown shall not require the payment of severance pay to Brown pursuant to the provisions of this Agreement, but Brown shall receive all other benefits to which he would otherwise be entitled upon voluntary resignation or retirement. Notwithstanding the foregoing notice requirement, upon receiving Brown's notice of intent to voluntarily resign or retire, nothing shall prevent the Mayor from releasing Brown prior to the expiration of said notice period.E. Brown's employment pursuant to this Agreement shall terminate automatically on the date of his death or disability. No compensation shall be payable after Brornm's death or disability, except as provided in this Section, other than base sqlary and employee benefits accrued through the date of his death or disability, whichever is applicable, including any benefits payable in the event of Brown's death or disability, whichever is applicable. Brown's estate shall not be entitled to any other compensation under this Agreement. For purposes of this Agreement, Bror,vn shall be deemed to be disabled if for a period of at least ninety (qo) days he is unable to perform the essential functions of his position with the City, os medically determined by an independent physician, with or without a reasonable accommodation. If the partiei are unable to agree whether Brown is disabled within the meaning of this Sectionl this issue shall be submitted to and settled by the binding arbitration process set forth in Secti on 7of this Agreement. For purposes of this Agreement, if Brown's employment terminates by reason of his disability, his employment separation date shall be deemed to be the last day of the po-day period set forth above. t6. . This Agreement constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreementsor understandings, written or otherwise, shall be binding upon the pa.tie. upon execution of this Agreement. The terms of this Agreement supersede all piiot agreements between the parties. 17. . If any provision of this Agreement shall be held invalid, the remainder shall nevertheless be deemed valid and binding. Any provision held invalid may be reformed by a court of competent jurisdiction or an arbitrator (as applicable) to reflect the parties' original intent expressed in this Agreement as closely as-possible. It is the intention of the parties hereto that each provision hereof is agreed to separately in the event one or more of such provisions shall be held invalid. This Agreement shati be binding upon and inure to the benefit of the heirs at law and executors of Brornm. rB. Amendments. No amendments or modifications relating to the subject matter oftlit Ag_reement shall be binding and enforceable unless in writing and signed by the affected parties hereto. Page 5 of 6 Page 117 of 156 t9. . Brovun agrees and covenants to devote his best and full-time efforts to his employment with the City under the terms of this Agreement. 2c. The parties each represent that: (a) they have had a reasonable time to consider this Agreement prior to executing it; (b) they have had the opportunity to have this Agreement reviewed by their attorney if they so desired; (c) they fully understand the significance and consequences of this Agreement; (d) they have carefully read this Agreement and have consulted with their respective attorney concerning its contents and legal consequences to the extent they deem necessary and have requested any change in language necessary or desirable to effect their respective intent and expectations so that the rule of construction of contracts construing ambiguities against the drafting party shall be inapplicable; and (e) they have voluntarily signed this Agreement after full reflection and analysis. CITY OF PORT ORCHARD:EMPLOYEE: Robert Putaansuu, Mayor ATTEST:APPROVED AS TO FORM: ran earson, MMC,City Clerk Sharon Cates, City Attorney o Page 6 of6 a a C (r+ Page 118 of 156 JOB DESCRIPTION: CHIEF OF POLICE EDITED: OCTOBER 2016 PAGE 1 OF 5 CITY OF PORT ORCHARD JOB DESCRIPTION Job Title: Chief of Police FLSA: Exempt Civil Service: Not Included Department: Police Department Reports To: Mayor The position of Chief of Police is a full-time executive management position. This position is appointed by the Mayor, subject to confirmation by the City Council. Purpose The primary function of the Chief of Police is to protect lives and property within the City of Port Orchard. The incumbent is the general manager of all police operations and is primarily responsible for establishing and implementing policies, effectively managing finances and coordinating the use of all available resources in a manner that provides stability to the Department and protection to the citizens and property it serves. General Function Incumbent performs specialized work for a municipal government, which requires the ability to exercise independent judgment, initiative and discretion based upon knowledge of the laws of the State of Washington, as well as administrative and legislative policies and ordinances of the City of Port Orchard. The Chief of Police also undertakes projects and accepts additional responsibilities as directed by the Mayor. Supervision Responsibilities The Chief of Police supervises all commissioned personnel and support staff. Unless otherwise directed by the Mayor, the Chief of Police has full discretion in the administration and management of the Police Department. Page 119 of 156 JOB DESCRIPTION: CHIEF OF POLICE PAGE 2 OF 5 Essential Job Functions The job duties and responsibilities represented in this job description do not imply that these are the only duties to be performed. The employee occupying the position will be required to follow any other job-related instructions and to perform any other job-related duties requested by his/her supervisor. • Plans, directs and evaluates the ongoing operations of the Port Orchard Police Department. • Develops annual budget proposal and controls budgeted expenses. • Prepares and reviews operational and administrative reports. • Plans and implements Police Department programs, ensuring that all equipment necessary to the successful functioning of such programs is available to appropriate personnel. • Develops and implements Police Department policies and procedures, revising and amending as necessary. • Has responsibility, within delegated authority, to select, place, promote, train, and discipline Police Department personnel. • Assures the safety of Police Department personnel. • Performs periodic performance appraisals of subordinate personnel. • Promotes safety education in schools. • Monitors criminal investigations. • Observes established policies regarding the legal rights of the accused. • Operates a motor vehicle in all environmental conditions and, on occasion, operates the vehicle at high speeds and in congested traffic situations. • Performs criminal investigations. • Enforces municipal traffic regulations. • Identifies criminal activity. • Supervises maintenance of records regarding arrests, investigations, and other police matters. • Conducts routine patrol duties within the city limits, as needed. Page 120 of 156 JOB DESCRIPTION: CHIEF OF POLICE PAGE 3 OF 5 • Responds to calls for service and assistance, as needed. • Make arrests for various crimes. • Investigates complaints lodged against the Police Department. • Attends City Council meetings and other evening meetings as required. • Participates in administrative staff meetings. • Confers with the Mayor and the City Council to assess the need for new equipment and personnel. • Represents the Mayor before various agencies, boards, commissions and community groups as requested. • Attends various public functions and speaking on behalf of the Police Department (i.e., City Council meetings, legal actions involving the Department). Knowledge, Skills and Abilities While requirements may be representative of minimum levels of knowledge, skills and abilities, to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently. • Background in personnel management. • Excellent motivational skills. • Ability to deal effectively with the public using tact and diplomacy. • Knowledge of technical and administrative aspects of crime prevention and community policing. • Knowledge of federal, state and local laws and ordinances pertaining to law enforcement functions. • Aptitude in various fiscal duties such as budgeting, purchasing, and accounting. • Advanced studies in police administration. • Management experience. • Proficient in use of firearms and related police equipment and tools. Page 121 of 156 JOB DESCRIPTION: CHIEF OF POLICE PAGE 4 OF 5 • Ability to make split-second decisions to ensure the well being of the public, the Department, and subordinate personnel. • Ability and willingness to maintain strict confidentiality. Working Conditions Work is performed both indoors and outdoors. While the position of Chief of Police is not subject to routine shift rotation, incumbent is subject to be called to duty after normally scheduled work hours or on regularly scheduled days off. Attendance at evening meetings and/or other off-duty time events is mandatory. The Chief of Police may encounter hazards arising from contact with violent individuals. In addition, in the course of performing his/her duties, the Police Chief may be exposed to biohazardous materials (i.e., bloodborne pathogens) or hazardous materials released at an emergency scene (i.e., chemical spills, gasoline spills, etc.). Continuous attention to safe working and operating procedures is required. The individual serving in this capacity may from time to time be required to use a firearm, or may be required to utilize specialized protective equipment (i.e., body armor) or generalized protective equipment (i.e., rubber or plastic gloves). Contacts and Relationships The Chief of Police has contact with numerous state, county and municipal government officials, members of other police departments, and with civilian vendors and consultants conducting business with the Police Department. This individual has frequent contact with elected officials, office personnel, field personnel, the City's attorney, and customers. The contacts involve a wide variety and range of purpose, including the need to provide or collect information, coordinate projects or activities, and to solve or negotiate solutions to problems. Communication may be either by telephone, in person, or through written communication. Physical Requirements The Chief of Police must have the physical ability to perform the full range of duties of a commissioned police officer. The employee will routinely encounter emergency situations that may require rapid evacuation of an area in order to avoid personal injury or to provide assistance to another individual, and must therefore have the physical ability to walk and run. He/she must have the dexterity to manipulate standard police related equipment. The employee must have the ability to conduct coherent voice communication in person as well as via portable radio and telephone. Other requirements include: • Ability to operate a motor vehicle, two-way radio (including from field situations), and to Page 122 of 156 JOB DESCRIPTION: CHIEF OF POLICE PAGE 5 OF 5 effectively operate radar equipment, breathalyzer, etc.; • Ability to read, understand and interpret ordinances, laws, and other operating procedures and to communicate orally and in writing; • Overall stamina and ability to perform moderate to strenuous physical activity; • Vision sufficient to perform all duties (corrective lenses may be utilized); and • Ability to hear alarms and audibly identify the presence of a danger or hazard. Recruiting Requirements • Bachelor's Degree from recognized college or university in Law Enforcement or Management related field; or equivalent experience with a minimum of ten years experience in a state, county, or municipal civil law enforcement agency including a minimum of three years administrative experience at the rank of Sergeant or higher. • Ongoing education in law enforcement procedures. • Training in the use of assorted job-related equipment, including breathalyzer and radar machines. • Proficiency in the use of weapons and self-defense tools. • Completion of Washington State Basic Training Academy or equivalent. • Washington State Criminal Justice Training Commission Middle-Management Career-Level Certification. • Washington State Criminal Justice Training Commission Executive-Management Career- Level Certification (or ability to obtain within 2 years from date of appointment). • Demonstrated leadership ability. • All city employees must successfully pass a pre-employment Drug Testing as prescribed by the City's Drug and Alcohol Testing Policy. Experience and Training Ten years experience in a qualified state, county or municipal civil law enforcement agency, which must include a minimum of three years administrative experience at the rank of sergeant (or equivalent) or higher, (or any combination of experience and training that provides the desired, skills, knowledge and abilities). Possess a valid Washington State driver’s license. Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and Page 123 of 156 JOB DESCRIPTION: CHIEF OF POLICE PAGE 6 OF 5 requirements of the job change. Page 124 of 156 POLICE CHIEF After 5 yrs. After 4 yrs. After 3 yrs. After 2 Ws After 1 yr. After 6 mos. First 6 mos. By Contract EXHIBIT B 155,002 151,216 147,534 143,936 140,421 136,989 133,640 $ $ $ $ $ $ $ Recruitment 74.s2 72.70 70.93 69.20 67.51 6s.86 64.25 Page 125 of 156 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 Meeting Date: February 23, 2021 Subject: Adoption of a Resolution Repealing Resolution Prepared by: Debbie Lund No. 021-06 and Approving a Memorandum of HR Manager Understanding with Guild Representing Patrol Atty Routing No.: 366922.008 – HR Officers Regarding Retirement Benefits Atty Review Date: February 18, 2021 Summary: On June 12, 2006, the City Council passed Resolution No. 021-06 providing a benefit to employees who were not eligible for the retirement plans administered by the Washington State Department of Retirement Systems. Resolution 021-06, arguably, has the potential to have a broader application to future employees than was budgeted. There is currently only one employee who is eligible and utilizing this benefit provided for in Resolution No. 021-06. That employee is a member of the Guild representing Patrol Officers; accordingly, staff is recommending that the proper location for an agreement preserving this benefit for this employee is the collective bargaining agreement between the City and the union representing the employee. Staff is recommending that the City Council adopt a Resolution that: (1) repeals Resolution No. 021-06; and (2) authorizes the Mayor to execute a Memorandum of Understanding to the collective bargaining agreement between the City and the union representing the employee to preserve this employee’s benefit. Recommendation: Staff recommends the City Council adopt this resolution to repeal Resolution 021-06 and authorize the Mayor to execute the proposed Memorandum of Understanding with the affected employee’s union will ensure that there is no disruption in the benefit being provided to this employee. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution to repeal Resolution Number 021-06 and authorize the Mayor to execute a related Memorandum of Understanding with the Police Guild representing Patrol Officers.” Fiscal Impact: N/A Alternatives: Not approve this request and provide alternative guidance. Attachments: Resolution and copy of Resolution No. 021-06. (The MOU under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached.) Page 126 of 156 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING RESOLUTION NUMBER 021-06 RELATING TO RETIREMENT SAVINGS PLAN FOR CITY EMPLOYEES NOT ELIGIBLE FOR EXISTING STATE RETIREMENT PROGRAMS; AUTHORIZING THE MAYOR TO EXECUTE A RELATED MEMORANDUM OF UNDERSTANDING WITH THE GUILD REPRESENTING PATROL OFFICERS. WHEREAS, the City of Port Orchard passed Resolution No. 021-06 on June 12, 2006; and WHEREAS, based on the legislative record, the intent of Resolution 021-06 was to apply to employees whose ineligibility for the retirement system was due to their own set of circumstances not related to the position for which they were hired; and WHEREAS, Resolution 021-06, as drafted, is overly broad and may lead to unintended, and unbudgeted claims; and WHEREAS, currently, the only City employee eligible for and exercising the benefit afforded by Resolution 021-06 is represented by a bargaining unit; and WHEREAS, the City Council desires to remove the ambiguity by repealing Resolution No. 021-06, while preserving the benefit afforded to that City employee via an agreement with the bargaining unit; and WHEREAS, both the City and the union have agreed to a Memorandum of Understanding related to this matter; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE 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: Repealer. Resolution 021-06 is hereby repealed in its entirety. THAT: The Mayor or designee is hereby authorized to execute a Memorandum of Understanding with the Guild Representing Patrol Officers providing the benefit afforded under Resolution 021-06 to a current City employee and member of the Guild. THAT: This Resolution shall take full force and effect upon February 24, 2021, and signatures hereon. Page 127 of 156 Resolution No. _____ Page 2 of 2 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 23rd day of February 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 128 of 156 Page 129 of 156 Page 130 of 156 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 7E Meeting Date: February 23, 2021 Subject: Adoption of a Resolution Approving a Prepared by: Charlotte Archer Memorandum of Understanding for City Attorney Participation in the Gorst Coalition, and an Atty Routing No.: 366922.003 – Exec Increase in Funding for Participation Atty Review Date: February 18, 2021 Summary: The 2021-2022 Biennial Budget included an allocation of funding to the Gorst Coalition, an action-oriented coalition to obtain state and federal resources to fund the recommended strategies outlined by the Washington State Department of Transportation (WSDOT) for the Gorst Interchange. The City Council approved that funding allocation with the intent of participating in the Gorst Coalition. Member agencies of the Coalition have completed negotiations on the terms of a Memorandum of Understanding to memorialize the formation, membership and governance of the Coalition – an entirely voluntary group that the City may exit at any time. Members of the Co-Chair Committee of the Coalition are expected to make annual contributions to the Coalition at Tier One or Tier 2 level, and membership in the Co-Chair Committee affords those member agencies with a voice in the efforts of the Coalition. Recommendation: Staff recommends the City Council approve the proposed Memorandum of Understanding. In conjunction with that approval, the Council may desire to increase its allocation of funding in order to qualify to serve on the Co-Chair Committee. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution authorizing the Mayor to sign a Memorandum of Understanding for the Gorst Coalition and authorize funding for the Gorst Coalition of $______.” Fiscal Impact: Currently, participation in the Coalition is funded at $5,000 for 2021. If the Council increases that amount, the fiscal impact likewise increases. Alternatives: Not approve this request and provide alternative guidance. Attachments: Resolution, Exhibit A to the Resolution – MOU, and WSDOT Corridor Study. Page 131 of 156 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING PARTICIPATION IN THE GORST COALITION AND ALLOCATING A $10,000 CONTRIBUTION. WHEREAS, the 2021-2022 Biennial Budget includes funding for the Gorst Coalition, an action- oriented coalition to obtain state and federal resources to fund the recommended strategies outlined by the Washington State Department of Transportation (WSDOT) for the Gorst Interchange; and WHEREAS, the Coalition will be created and governed by a Memorandum of Understanding, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City Council recognizes that participation in the Gorst Coalition as a Co-Chair Committee Member best serves the residents of Port Orchard by entitling the City to a voice in the Coalition’s efforts; and WHEREAS, in order to participate as a Co-Chair Committee Member, the City Council desires to increase the City’s monetary contribution to the Gorst Coalition, and authorize the Mayor to execute the Memorandum of Understanding; 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 authorizes the Mayor to execute the Memorandum of Understanding attached hereto as Exhibit A and incorporated herein by this reference. The City Council further authorizes the expenditure of $______ as a contribution to the Gorst Coalition. 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 23rd day of February 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 132 of 156 Gorst Coalition Memorandum of Understanding 1 Gorst Coalition GORST COALITION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the undersigned parties to form the Gorst Coalition for the purposes and according to the procedures set forth herein. This MOU is not intended to be binding or enforceable but is established to provide a common framework and guide the efficient and effective goals of the Gorst Coalition ARTICLE I: GENERAL Section 1: Coalition Formation and Purpose The Gorst Coalition formed by this MOU is a group of public agencies, businesses, and community partners within Kitsap and Mason Counties that have an interest in the area of Gorst and a desire to work cooperatively for the best interests for the citizens and ecosystem in Gorst. As further explained in Article IV, this MOU does not create a separate entity or confer any additional substantive powers or authorities on members. Each member brings to the Coalition all powers and authorities otherwise vested by law. The purpose of the Gorst Coalition is to find and secure state and federal resources needed to construct the projects recommended strategies outlined by the members of the Coalition and Washington State Department of Transportation (WSDOT) for the SR3/SR16 Gorst corridor. The Coalition recognizes the urgent need to address resiliency from sea level rise and seismic events, national security, congestion, and impacts to the ecosystem at Gorst and plans to build on previous partnership planning. The Coalition will work collaboratively with local businesses and governing bodies of state, local, and federal levels to ensure the safety, economic vitality, and mitigation of natural and cultural resources while supporting national security and sustaining the mission of our military. Section 2: Value of the Gorst Corridor and Gorst Creek Ecosystem 1. Transportation and Emergency Management Value The Gorst Corridor is the vital transportation link for the movement of people, freight, and emergency supplies within Kitsap County and is the gateway to Mason, Jefferson and Clallam Counties. The Federal Highway Administration designated the SR 3/SR 16 – Gorst Corridor as a “Critical Urban Freight Corridor” and it provides the only roadway link to strategic U.S. Naval facilities, which are vital not only to military readiness and national security, but to the regional economy. The area is identified by the Federal Emergency Management Agency (FEMA) as a chokepoint that can affect public safety and would be completely shut down in the event of a major earthquake or rising sea levels. With daily traffic volumes of 84,000 vehicles per day, the Corridor supports traffic levels similar to I-5 south of Olympia and I-90 east of Issaquah. Daily congestion impacts commuters, transit, and freight modes serving the region and Naval Base Kitsap. 2. Cultural Value The Corridor is also within the ancestral lands and waters of the Suquamish Tribe, where the Suquamish people once hunted deer and elk, fished for salmon and smelt, dug clams and collected vegetal foods for millennia and where they exercise their treaty right to harvest salmon in these waters as they have for thousands of years. The Corridor is also overlaid with ancestral Suquamish village sites, seasonal villages, ceremonial gathering places and settings for creation stories. Page 133 of 156 Gorst Coalition Memorandum of Understanding 2 3. Ecological Value The Corridor’s primary natural features are the Gorst Creek watershed and the marine waters and shorelines of Sinclair Inlet. The Gorst Creek ecosystem, one of the largest and most productive watersheds in the east Water Resource Inventory Area (WRIA)-15 subregion, supports runs of chinook, coho, and chum salmon as well as steelhead and cutthroat trout. The Sinclair Inlet estuary supports waterfowl, shorebirds, great blue herons, bald eagles, and is an important rearing and refuge area for juvenile chinook salmon and formerly hosted a natural oyster bed. The importance of the Corridor in terms of resiliency, national security, congestion, cultural and ecosystem functions requires robust coordination on transportation planning and mitigation for past, present, and future impacts to the region. Section 3: Membership and Vacancies The undersigned entities form the voting membership of the Coalition, whether such entity signed the MOU upon formation or after. The Coalition embodies the five committees listed under Section 4. The Coalition also includes “Resource Members” consisting of the Navy, Washington State Legislators, WSDOT, and other state and federal agencies that provide expertise to the Coalition but do not have a financial stake in the Coalition, nor do they direct lobbyists. These resource members are not signatories to this MOU and do not vote. Section 4: Structure and Decision Making Each Coalition member shall appoint a representative to serve on a committee as identified herein, but each member shall only have one vote on each decision-making committee. Should a representative be unable to fulfill his or her duties for the Coalition member, the Coalition member will be responsible for appointing a new representative. The roles, decision-making model, and members of each committee is described below. 1. Co-Chair Committee: a. Role: Guides the coordination of the Coalition by monitoring Coalition work plan progress and budget performance, teeing up decisions for the Executive Committee to make, and overseeing administrative staff that could be a consultant or public agency staff (not lobbyist consultant). b. Decision Making: By consensus. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: Leadership will be shared by having rotating Chairs facilitate the Co-Chair and Executive Committee meetings. The full Co-Chair group will have the opportunity to review all meeting materials. d. Membership: One representative each from the Port of Bremerton, the private sector, Senator Randall, City of Port Orchard, and fiduciary sponsor. 2. Executive Committee: a. Role: Coordinates on the state and federal strategy, leverages resources and partners, provides guidance to the Lobbyist Oversight Committee on public and legislative media/communications, oversees the Technical and Environmental Committees, and approves any spending of the Coalition’s funds. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: The rotating Co-Chair as described above. d. Membership: Kitsap County, Mason County, City of Bremerton, City of Poulsbo, City of Port Orchard, Kitsap Transit, Suquamish Tribe, Port of Bremerton, Port of Kingston, WSDOT, and representatives of educational, recreational, community, business, and industry interests. Page 134 of 156 Gorst Coalition Memorandum of Understanding 3 3. Lobbyist Oversight Committee a. Role: Guides the coordination of the lobbyist(s) by overseeing their work plan progress and budget performance. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: TBD d. Membership: A subgroup of the Executive Committee based on interest, capacity, and ability to direct advocacy efforts. 4. Technical Advisory Committee a. Role: Coordinate on the technical components of Gorst projects and share updates and recommendations to the Executive Committee. This group can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from public agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Port of Bremerton, City of Bremerton, City of Port Orchard, Kitsap County, Mason County, Dept. of Ecology, Dept. of Fish and Wildlife, WSDOT. 5. Environmental Committee a. Role: Coordinate on the ecological components of Gorst projects and share updates and recommendations to the Executive Committee. This group can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from public agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Kitsap County Public Works (KCPW) Stormwater, WSDOT, Dept. of Fish and Wildlife, The Waterman Group 6. Coalition Building Partners a. Role: Cultivate broad support and advocate for the project through various means as appropriate, including potentially pursuing a grassroots fundraising model. Receive updates from the Executive Committee on decisions and milestones via quarterly emails. b. Decision Making: Not applicable. This is not a decision-making body. c. Membership: Jurisdictions, government agencies, Tribes, organizations and individuals from the private and public sectors. 7. Military Liaison a. Role: Provide Navy specific information to the Coalition. b. Decision Making: No decision-making authority. c. Membership: Naval Base Kitsap Page 135 of 156 Gorst Coalition Memorandum of Understanding 4 Decision Making by Consensus: Gradients of Agreement Scale Consensus No Consensus Whole- hearted endorsement Agreement with minor point of concern Support with reservation Abstain More discussion needed Don’t like but will support Serious disagreement, but won’t veto Veto ©Gradients of Agreement Scale, Sam Kaner, Duane Berger, and staff at Community at Work, 1987 Figure 1: Decision Making by Consensus Gorst Coalition Organizational Chart Figure 2: Gorst Coalition Organizational Chart Section 5: Fiduciary Responsibilities and Financing of Coalition The City of Bremerton will act as the fiduciary agent for the Coalition and will be responsible for coordinating contracts on behalf of the Coalition and for invoicing the paying members pursuant to this MOU. The City of Bremerton may resign from this position at any time or it may be re-assigned by the Co-Chair Committee as deemed appropriate. Coalition members will share the cost of the Coalition’s budget through a tiered model in which members, regardless of public or private entity, aim to pay a certain minimum amount. Tiers will be determined by consensus of the Co-Chair Committee, based on economic, transportation, security, cultural, and ecological reliance on the Gorst Corridor. Each Co-Chair, in its sole discretion, may set its individual annual target contribution amount. The annual target contributions are as follows: Tier 1: Parties most affected by Gorst – $20,000-$50,000 annual contribution Tier 2: Parties affected by Gorst – $10,000-$20,000 annual contribution Tier 3: Parties affected by Gorst but with limited funding capacity – any amount Executive Committee Technical Advisory Committee Environmental Committee Lobbyist Consultant Coalition Partners Military Liaison Co-Chair Committee Lobbyist Oversight Committee Page 136 of 156 Gorst Coalition Memorandum of Understanding 5 These target payment amounts may be adjusted as deemed appropriate by the Co-Chair Committee, with actual amounts paid within the range determined by the paying member. All monies paid to or from the fiduciary agent shall be accounted for in accordance with RCW 43.09.210. Resource members including Legislators, WSDOT, and other state and federal agencies are not involved in the financing of the Coalition. The budget and work plan of the Coalition will be established annually based on expected contributions of the paying members, with the budget coinciding with the calendar year; provided, each paying member shall notify the Co-Chair Committee of its pledged contribution upon passage of that Member’s final budget. Each September, the Co-Chair Committee will prepare a draft budget for review and approval by Executive Committee prior to the end of the fiscal year. ARTICLE II: OBJECTIVES AND WORK PRODUCTS Section 1: Objectives 1.1 The primary goal of the Coalition is to obtain funding for WSDOT to design and construct capacity, resiliency and redundancy improvements through the Gorst Corridor. 1.2 Work toward consensus whenever possible. 1.3 Work with the Washington State Legislature and U.S. Congress to prioritize and obtain funding for the Gorst Corridor. 1.4 Bring forth previous work done on the Corridor to advance progress. 1.5 Identify and gather resources needed to support funding and environmental, cultural, and economic mitigation. 1.6 Review communication materials and draft plans. Section 2: Work Products 2.1 Administrative staff will produce meeting summaries for each Coalition Executive Committee meeting. 2.2 The Executive Committee will approve an annual workplan and budget. 2.3 The Executive Committee will approve a lobbyist scope of work and communication materials put forward by the Lobbyist Oversight Committee. 2.4 The Executive Committee will approve periodic updates to Coalition Partners about the work of the Coalition. 2.5 The Technical Advisory Committee and Environmental Committee may produce memos or other resources to share information with the Executive Committee. ARTICLE III: MEETINGS AND RECORDS Section 1: Meetings The Executive Committee shall meet on a schedule determined by the Co-Chair Committee following coordination with the Executive Committee to select the date, time, and location of any meeting. Administrative staff will email Executive Committee members to confirm the time and location of the meeting and to provide any materials for that meeting. It is the responsibility of Executive Committee members to review summaries of any meetings they did not attend. Page 137 of 156 Gorst Coalition Memorandum of Understanding 6 Section 2: Public Participation in Meetings The Executive Committee meetings are open to the public and publicly noticed. Members of the public and Coalition members who do not serve on the Executive Committee may observe the meeting and provide public comment at the end of the meeting if desired. Section 3: Operating Protocols Coalition members and their representatives will: 3.1 Use available and appropriate resources to accomplish Coalition objectives. 3.2 Participate regularly and on time. 3.3 Participate with positive communication and respect for the opinions of other members. 3.4 Represent their perspective. 3.5 Acknowledge any conflicts of interest. 3.6 Leverage resources and information. 3.7 Advocate for recommendations of the Coalition. 3.8 Bring institutional knowledge. 3.9 Act as a conduit of information between the Coalition and their cities or organizations. Section 4: Records The Coalition members acknowledge that to the extent public agencies are subject to the Washington State Public Records Act, chapter 42.56 RCW, all materials submitted to those public agencies may be subject to review and copying by the public unless an exemption applies. Section 5: Media Policy Should Coalition members be contacted with inquiries by the media regarding the Coalition, members should direct them to the hired lobbyist. ARTICLE IV: TERMINATION, INDEMNIFICATION, EFFECT OF MOU, AND AMENDMENT Section 1: Effective Date and Termination This MOU is effective when signed and shall remain in effect until terminated by a majority of the Co-Chair Committee members. Any member may terminate its membership in the Coalition by providing no less than 30 days written notice to the Co-Chair Committee of the desired termination date. Upon terminating its membership, a member forfeits its membership dues to the Coalition. Upon termination of the MOU, without renewal or replacement of this MOU, or upon dissolution of the Coalition, any unencumbered Coalition funds shall be returned, pro rata, to its then current paying membership based on a formula determined by the amount of contributions annually paid by each member as approved by the Co-Chair Committee, or based on a formula as otherwise established by the Co-Chair Committee. Section 2: Indemnification Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the extent caused by a Party’s breach of this MOU or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The Page 138 of 156 Gorst Coalition Memorandum of Understanding 7 foregoing indemnity specially covers actions brought by the Party’s own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. Section 3: Effect of MOU This MOU is an internal agreement and does not confer any rights upon any individual or other entity. This MOU sets forth mutual goals and approaches. This MOU is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOU shall obligate members to expend other monies or enter into any contract or other obligation. Nothing in the MOU shall be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations or decisions in carrying out their statutory or regulatory duties. This MOU does not limit or restrict members from participating in similar activities or arrangements with other agencies. Section 4: Amendment This MOU may be amended only in writing and only by agreement of all signing parties, except as set forth herein. V. Member Signatures Executed this ___ day of _____________, 2021. Approved as to form CITY OF BREMERTON Bremerton City Attorney Greg Wheeler, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF PORT ORCHARD Port Orchard City Attorney Robert Putaansuu, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF POULSBO Poulsbo City Attorney Becky Erickson, Mayor Page 139 of 156 Gorst Coalition Memorandum of Understanding 8 Executed this ___ day of _____________, 2021. Approved as to form PORT OF BREMERTON Port of Bremerton Attorney Cary Bozeman, President Executed this ___ day of _____________, 2021. Approved as to form PORT OF KINGSTON Port of Kingston Attorney Greg Englin, Executive Director Executed this ___ day of _____________, 2021. Approved as to form KITSAP TRANSIT Kitsap Transit Attorney John Clauson, Executive Director Executed this ___ day of _____________, 2021. Approved as to form SUQUAMISH TRIBE Leonard Forsman, Chairman Page 140 of 156 Gorst Coalition Memorandum of Understanding 9 Executed this ______ day of __________________, 2021. ATTEST: KITSAP COUNTY BOARD OF COMMISSIONERS CHARLOTTE GARRIDO, Comissioner ROBERT GELDER, Commissioner Dana Daniels, Clerk of the Board EDWARD E. WOLFE, Commissioner Deputy Prosecuting Attorney Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Page 141 of 156 Executive Summary xiii SR 16 Tacoma Narrows Bridge to SR 3 Congestion Study – December 2018 Executive Summary The purpose of the State Route 16, Tacoma Narrows Bridge to State Route 3, Congestion Study is to identify corridor strategies and solutions to address congestion and traffic operational issues on State Route (SR) 16 between the Tacoma Narrows Bridge (TNB) and SR 3, and along SR 3 between the City of Bremerton and Bremerton Airport, including the SR 16/SR 3 interchange at Gorst. Interchanges on both corridors have high levels of congestion during peak travel times. SR 16 provides access from Tacoma and the surrounding area to the Olympic Peninsula and the cities of Gig Harbor, Port Orchard, and Bremerton. Commuter traffic originating in the study area uses SR 16 and the TNB to reach employment in the Tacoma area and other south Puget Sound destinations. At the north end of the corridor is the Naval Base Kitsap-Bremerton. The Navy attracts commuter traffic from throughout the study area. The SR 16 TNB to SR 3 Congestion Study is a Washington State Department of Transportation (WSDOT) Connecting Washington funded project. The project was guided by the WSDOT, an Executive Committee, and Technical Advisory Group representing local jurisdictions and transportation agencies in the corridor. Participants are listed in the preceding pages. A Gorst Planning Study was initiated in 2015 by the Kitsap Regional Coordinating Council, using the WSDOT Practical Solutions approach to evaluate potential solutions to improve mobility issues in the Gorst vicinity; SR 3/SR 16 between Bremerton and Port Orchard. There is significant local concern about traffic in the Gorst area. Travel through the Gorst vicinity is an important regional connection for Naval Base Kitsap-Bremerton, which is one of the five largest employers in Washington State. In the event of an emergency, there is no good alternate route into Bremerton. A key outcome of the Gorst study was to consider the Gorst needs in the context of an overall corridor study area incorporating SR 16 and SR 3 operations. Prior to its completion, the Gorst Planning Study was integrated with this SR 16 Congestion study. This report presents the results of a highly technical and robust analysis of the SR 16 and SR 3 study area to identify the most promising and practical solutions to the congestion and operational issues in the SR 16 and SR 3 corridors. The report provides stakeholders the tools to identify and prioritize the improvements needed to realize the corridor vision. Corridor Vision To initiate this study, a corridor vision was prepared by the Technical Advisory Group (TAG) and Executive Committee with input from corridor stakeholders. The corridor vision guided the preparation of study goals, performance measures, performance metrics, recommendations, and prioritization of solutions. The TAG envisions the SR 16 and SR 3 transportation corridors will:  Operate efficiently with reliable travel times  Serve regional travel and connect local communities  Support business and residential growth in the local communities  Enhance multimodal access and mobility; improve public and environmental health  Strengthen connections between major economic and job centers and accommodate fluctuating workforces Page 142 of 156 Executive Summary xiv SR 16 Tacoma Narrows Bridge to SR 3 Congestion Study – December 2018 Study Approach This study employed the Federal Highway Administration (FHWA) and WSDOT Practical Solutions approach to planning. This approach encourages system performance management through cost- effective operational improvements first, by considering demand management opportunities and second, after exhausting other options, by considering capacity expansion. Central to Practical Solutions planning is a process that identifies regional and corridor performance, engages communities to ascertain local contexts and needs, and applies methods to evaluate and implement phased near- term, mid-term, and long-term solutions. The Practical Solutions approach is to engage the community and local stakeholders at the earliest stages of scope definition to ensure their input is included at the right stage of the solution development process. The TAG and Executive Committee developed the corridor vision, provided feedback on performance gaps to ensure the evaluation aligned with the corridor vision, and provided local expertise to the review of study findings. The outcome of Practical Solutions planning is a recommended set of multimodal strategies that are cost-effective and balance the goals and objectives of state and local needs. WSDOT’s Practical Solutions approach is being applied at the direction of the Washington State Legislature and is consistent with the FHWA Performance-Based Practical Design process. With the Practical Solutions approach, collaborative decisions contribute to success in project delivery, and are emphasized through the context-sensitive design approach in WSDOT’s practical design policies. Convening a Multiagency, Interdisciplinary and Stakeholder Advisory (MAISA) Team is an accepted approach to meet the intent of these policies. The advisory team in the Practical Solutions approach is a collaborative body that provides recommendations to the WSDOT project manager and engineer of record, specifically in these areas:  Need identification  Context identification  Design control selection  Alternative Formulation  Performance Trade-off Decision Preferences (including weighing environmental constraints and regulatory issues)  Alternative Evaluation Key to the Practical Solutions approach is a robust technical analysis of corridor conditions for existing conditions and three horizon years. Future year analysis established the baseline conditions to evaluate performance measures that were prepared relative to the study vision and goals. The analysis was then applied to measure the performance gap. Solutions were developed to close the performance gap between baseline performance and desired performance. The solutions were tested in alternative packages of solutions framed by level of investment over time. The results of the alternative packages were used to prepare a set of recommendations consistent with the Practical Solutions methodology. The recommendations include over 150 total solutions, with 76 solutions recommended and the remaining solutions not recommended for programming within the 20-year planning horizon. Figure ES-1 presents the structure for proposed new investment of the recommended strategies phased by level of investment over time. Page 143 of 156 Executive Summary xv SR 16 Tacoma Narrows Bridge to SR 3 Congestion Study – December 2018 Figure ES-1. Recommended Strategy Packages by Incremental Investment and Timeframe Recommended solutions by corridor sub-areas are shown in Figures ES-2, ES-3, ES -4, and ES-5. Appendix A includes a complete list of recommended solutions. Highlights of these recommendations includes:  Operational, channelization, and signal/ITS improvements at key local and state locations  Capacity improvements at key local and state facilities by widening, roundabout, or signal installations  Improving pedestrian and bicycle facilities by the extension of the Cushman Trail, new facilities between Bremerton and Port Orchard, and additions or enhancement to bike lanes along corridor  SR 3 and SR 16 capacity improvements by peak‐use shoulder lanes and widening  SR 304/Naval Base Kitsap-Bremerton area improvements at Farragut Avenue and Charleston Beach Road  SR 3/SR 16 interchange access control, intersection improvements, and grade separation  Tremont Street and Sedgwick Road interchange capacity improvements at key intersections  SR 302 and Borgen Boulevard Interchange capacity, operational, and queue storage improvements  Olympic Drive, Wollochet Drive, and Hunt Street crossing operational and capacity improvements Corridor-wide recommendations include:  Travel Demand Management strategies  Increased coordination of incident response  Plans for addressing resiliency and climate change  Additional park and ride capacity and coordination between agencies Page 144 of 156 Figure ES.2 Network-Wide Recommended Solu�ons Gig HarborH end ers o n B ay Purdy Burley Bethel Port Orchard Gorst Bremerton Navy Yard City Sinclair InletTacoma KITSAP COUNTY PIERCE COUNTY KING COUNTYTacoma Narrows Bridge 3 304 16 3 302 160 166 Recommended Solu�ons Investment Level Study Intersec�ons Study Corridor Study Area Legend Low Medium High $$$$$$$ $$ SR 3 Ramp Modifica�ons 7401 SR 16 Ramp Modifica�ons 74027001 SR 16 Ramp Modifica�ons 7402 SR 16 Ramp Metering 7101 SR 16 - Kitsap County Freeway Mainline SR 16 - Pierce County Freeway Mainline SR 16 - Kitsap County Freeway Mainline SR 16 Park and Ride Facŝůŝ�es 8401 8402 SR 16 Ramp Metering Network-wide Strategies Transit Service Improvements 8101 8102 8103 8201 8202 Travel Demand Management 8301 8302 8501 Policies, Enforcement SR 16 Pioneer Way 7501 7201 Freeway Mainline 7201 72027202 Ramp Modifica�ons 74027001 Ramp Modifica 7402 Ramp Metering 7101 7404 Ramp ModificaRamp Modifica 7404 7301 Freeway Mainline 7301 8401 84028401 84028401 8402 8403 Park and Ride F 8403 8404 Park and Ride Facŝůŝ�esPark and Ride F 8404 8101 8102 81038101 8102 81038101 8102 81038101 8102 81038101 8102 8103 8201 82028201 82028201 8202 8301 8302 85018301 8302 85018301 8302 85018301 8302 85018301 8302 8501 Pioneer Way 7501 ID Recommended Solu�on Horizon 7001 Ramp metering at Tremont St, Sedgwick Rd interchanges Mid-term (10 yrs) 7201 Peak-use shoulder lanes, Sedgwick Rd to SR 166 Mid-term (10 yrs) 7202 Widen SR 16 mainline, Mullenix Rd to SR 166 Long-term (20 yrs) 7101 Ramp metering at SR 302, Borgen Blvd, Pioneer Way 7404 Extend on-ramp lengths, SR 16/Wollochet-Pioneer interchange Mid-term (10 yrs) Mid-term (10 yrs) 7301 Peak-use shoulder lanes, SR 302 to Olympic Dr Long-term (20 yrs) 7401 Extend off-ramps, Loxie Eagans Blvd, Kitsap Way Mid-term (10 yrs) 7402 Extend off-ramps, Tremont St, SR 302, Burnham, Pioneer Mid-term (10 yrs) Network-wide Strategies ID Recommended Solu�on Horizon Enhance regional transit agency coordina�on from T ransit S erv ice 8101 Improve access to make transit more a�rac�ve for riders Near-term (5 yrs) 8102 Enhance regional transit agency coordina�on through Interagency Transit Implementa�on Plan Near-term (5 yrs) 8103 Bremerton to Tacoma Dome Sta�on Near-term (5 yrs) 7501 Network-wide Strategies ID Recommended Solu�on Horizon T rav el D em and M anag em ent 8201 Implement TDM via carpool, vanpool incen�ves Near-term (5 yrs) 8202 Implement TDM via community-wide informa�on Near-term (5 yrs) Po licy/ E nf o rcem ent 8301 Improve cross agency coordina�on for work on roadways Near-term (5 yrs) 8302 Addi�onal incident response teams (IRT)Near-term (5 yrs) Park and R ide L o ts 8401 Convert exis�ng lot or add capacity to exis�ng park and ride facili�es in Kitsap County Mid-term (10 yrs) 8403 Convert exis�ng lot or add capacity to exis�ng park and ride facili�es in Pierce County Mid-term (10 yrs) 8402 Construct new park and ride facility in Kitsap County Long-term (20 yrs) 8404 Construct new park and ride facility in Pierce County Long-term (20 yrs) F erries 8501 Explore modifying Washington State Ferry schedules Near-term (5 yrs) Reconstruct SR16/Wollochet-Pioneer interch. to full Diamond Long-term (20 yrs) Page 145 of 156 Figure ES.3 Bremerton/Gorst Sub-AreaFigure ES.3 Bremerton/Gorst Sub-Area Long-term (20 yrs) Long-term (20 yrs) Gorst Bremerton Navy Yard City Sinclair InletPort Orchard Belfair Valley Rd Tremont St Bay St Sunnyslope RdWerner Rd Kitsap Way Anderson Hill Rd1st St See Figure ES.4 for SR 3 - South of Gorst 16 3 304 3 166 310 ID Recommended Solu�on Horizon 1002 Implement access management strategies through Gorst Near-term (5 yrs) 1004 Traffic signal opera�ons improvements, SR 3 at Sam Christopherson Ave Near-term (5 yrs) 1001 Restriping/rechanneliza�on to maintain SR 16 lane con�nuity through Gorst Mid-term (10 yrs) 1005 Construct roundabout, SR 3 at Sam Christopherson Ave Mid-term (10 yrs) 1003 Reconstruct SR 16/SR 3 interchange Long-term (20 yrs) 1101 Intersec�on capacity and traffic signal improvements, Loxie Eagans Blvd at Na�onal Ave Near-term (5 yrs) 1102 Install traffic signal or roundabout, SR 3 SB off-ramp to Loxie Eagans Blvd Mid-term (10 yrs) 1201 Traffic signal opera�ons improvements, SR 3 SB off-ramp to Kitsap Way Near-term (5 yrs) 1301 Install traffic signal or roundabout, SR 3 SB off-ramp to Sherman Heights Rd Mid-term (10 yrs) 1401 Traffic signal opera�ons improvements, SR 304 at Charleston Beach Rd Near-term (5 yrs) 1402 Traffic signal opera�ons improvements, SR 304 at Cambrian Ave/Farragut Ave Mid-term (10 yrs) 1401 Traffic signal opera�ons improvements, SR 304 at Charleston Beach Rd Long-term (20 yrs) 1403 Intersec�on capacity and traffic signal improvements, SR 304 at Cambrian Ave/Farragut Ave Long-term (20 yrs) ID Recommended Solu�on Horizon 1601 Install traffic signal or roundabout, Sherman Heights Rd at Belfair Valley Rd Mid-term (10 yrs) 1701 Implement peak-use shoulder lanes along SR 3 between Gorst and SR 304 1702 1703 Implement peak-use shoulder lanes along SR 3 between railroad trestle and SR 304 Mid-term (10 yrs) Sub-Areawide Strategies ID Recommended Solu�on Horizon T rav el D em and M anag em ent and Po licy 1901 Increase or improve HOV enforcement on SR 304 HOV lane Near-term (5 yrs) 1903 Explore opportuni�es to enhance high-performing TDM strategies at the Naval Base Near-term (5 yrs) 1904 Increase redundancy/resiliency between Naval Base and Gorst Near-term (5 yrs) 1902 Increase vanpool occupancy requirements Mid-term (10 yrs) Pedestrian and Bicycle 1907 Add/enhance pedestrian and bicycle facili�es along Sam Christopherson Ave to O�o Jarstad Park Mid-term (10 yrs) 1906 Add/enhance pedestrian and bicycle facili�es along Sherman Heights Rd between Bremerton and Gorst Near-term (5 yrs) 1908 Add/enhance pedestrian and bicycle facili�es between Bremerton and Port Orchard Mid-term (10 yrs) Add capacity on SR 3 between Gorst and SR 304 1704 Elevated roadway though Gorst Recommended Solu�onsSunnyslope RdRecommended Solu�ons Investment Level Study Intersec�ons Study Corridor Study Area Legend Low Medium High $$$$$$$ $$ SR 3/Kitsap Way Interchange 1201 1907 SR 3/Sherman Heights Rd 1301 SR 3/Loxie Eagans Blvd Interchange 1101 1102 SR 304 Corridor SR 3 - North of Gorst Gorst - SR3/SR 16 Interchange 1903 SR 304 / Navy Demand Management 1901 1902 Sherman Heights Rd/ Belfair Valley Rd 1601 1908 Sub-areawide Strategies Pedestrian and Bicycle 1906 SR 3 - North of Gorst Interchange 1201 1907 Heights Rd 1301 Interchange 1101 1102 Interchange 1101 1102 Interchange 1101 1102 14011401 14021402 14031403 1701 SR 3 - North of Gorst 1701 1703 SR 3 - North of GorstSR 3 - North of Gorst 1703 1904 SR 3 - North of GorstSR 3 - North of Gorst 1904 10011001 10021002 10031003 10041004 10051005 1901 19021901 19021901 1902 1601 1903 1908 1906 1702 SR 3 - North of Gorst 1702 17041704 Near-term (5 yrs) Page 146 of 156 Investment Level Study Intersec�ons Study Corridor Study Area Legend Low Medium High $$$$$$$ $$ Investment Level Study Intersec�ons Study Corridor Study Area Legend Low Medium High $$$$$$$ $$ Figure ES.4 Port Orchard Sub-Area Recommended Solu�ons ID Recommended Solu�on Horizon 1501 Install traffic signal or roundabout, SR 3 at Division Ave Mid-term (10 yrs) 1502 Install traffic signal or roundabout, SR 3 at Sunnyslope Rd Mid-term (10 yrs) 1503 Install roundabout, SR 3 at Imperial Way Long-term (20 yrs) 2001 Install traffic signal or roundabout, SR 16 EB ramp to Old CliŌon Rd, SR 16 WB ramp to Tremont St Mid-term (10 yrs) 2101 Intersec�on capacity improvements, SR 16 WB ramp and Sedgwick Rd Near-term (5 yrs) 2201 Intersec�on capacity improvements, SR 16 EB ramp and Mullenix Rd Near-term (5 yrs) 2202 Install traffic signal or roundabout, SR 16 EB at Mullenix Rd Mid-term (10 yrs) 2202 Install traffic signal or roundabout, SR 16 WB at Mullenix Long-term (20 yrs) 2302 Install traffic signal or roundabout, SR 16 EB and SR 16 WB at Burley Olalla Rd Long-term (20 yrs) 2403 Implement arterial widening improvements, traffic signal �ming improvements Long-term (20 yrs) Sub-Areawide Strategies ID Recommended Solu�on Horizon Pedestrian and Bicycle 2901 Add/enhance pedestrian and bicycle facili�es along Old CliŌon Rd west of SR 16 to city limits Mid-term (10 yrs) 2902 Extend the Cushman Trail to Port Orchard, improve/add regional trails Long-term (20 yrs) 2903 Add/enhance pedestrian and bicycle facili�es along Bethel Rd and along Sidney Rd Mid-term (10 yrs) Port Orchard Tremont St Mullenix RdSidney AvePo�ery AveKůd ůŝŌon RdSedgwick Rd Sidney RdBethel RdBethel Burley RdSedgwick RdBethel Burley RdBurley Olalla RdSunnyslope RdGorst Sinclair InletBelfair Valley Rd 160 3 16 166 SR 16/Tremont St Interchange 2001 SR 3 - South of Gorst SR 16/Sedgwick Rd Interchange 2101 Sedgwick Rd Corridor 2403 SR 16/Mullenix Rd Interchange SR 16/Burley Ollala Rd Interchange 2302 Kůd ůŝŌon Rd 2901 2903 Sub-areawide Strategies Pedestrian and Bicycle 2902 Interchange 2001 1501 SR 3 - South of Gorst 1501 1502 SR 3 - South of GorstSR 3 - South of Gorst 1502 1503 SR 3 - South of GorstSR 3 - South of Gorst 1503 Interchange 2101 2403 2201 Interchange 2201 2202 InterchangeInterchange 2202 Interchange 2302 2901 2903 2902 Page 147 of 156 Investment Level Study Intersec�ons Study Corridor Study Area Legend Low Medium High $$$$$$$ $$ Investment Level Study Intersec�ons Study Corridor Study Area Legend Low Medium High $$$$$$$ $$ Figure ES.5 Purdy / N. Gig Harbor Sub-Area Recommended Solu�ons ID Recommended Solu�on Horizon 3001 Implement WSDOT "Zipper Merge" signage at SR 16 WB off-ramp to SR 302 Near-term (5 yrs) 3101 Intersec�on capacity improvements, SR 16 WB ramp and Borgen Blvd Long-term (20 yrs) 3201 Intersec�on capacity improvements, Burnham Dr at Sehmel Dr Near-term (5 yrs) 3202 Install roundabout, Burnham Dr at Sehmel Dr Mid-term (10 yrs) 3301 Traffic signal opera�ons improvements along Purdy Dr at SR 302 Spur and at 144th St Long-term (20 yrs) 3302 Intersec�on capacity and traffic signal improvements, SR 302 at Purdy Dr Near-term (5 yrs) 3303 Install signal or roundabout, Purdy Dr at Goodnough Dr Mid-term (10 yrs) 3304 Implement arterial widening improvements, SR 302/Purdy Dr between SR 16 interchange ramps Long-term (20 yrs) 3305 Complete the SR 302 EIS as a part of SR 302, ElginůŝŌon Zd to SZ 16͕ onŐes�on Study Long-term (20 yrs) 3401 Int. capacity improvements, Borgen Blvd. at Harbor Hill Mid-term (10 yrs) 3402 Int. capacity improvements, Brogen Blvd at Peacock Hill Near-term (5 yrs) ID Recommended Solu�on Horizon 3901 Add/enhance pedestrian and bicycle facili�es between Burnham Dr and PHS Long-term (20 yrs) 4001 Intersec�on capacity, traffic signal improvements at SR 16 EB and SR 16 WB ramp terminals Near-term (5 yrs) 4101 Traffic signal opera�ons improvements, SR 16 EB and SR 16 WB at Olympic Dr Near-term (5 yrs) 4401 Add grade separated crossing at SR 16/Hunt St Long-term (20 yrs) Sub-Areawide Strategies ID Recommended Solu�on Horizon Pedestrian and Bicycle 3903 Extend the Cushman Trail to Kitsap County, improve/add regional trails Mid-term (10 yrs) 3904 Add/enhance pedestrian and bicycle facili�es along Peacock Hill Ave, Harbor Hill Dr, Canterwood Blvd Mid-term (10 yrs) 4901 Complete gaps in Cushman Trail and Sco� Pierson Trail Mid-term (10 yrs) 4902 Add/enhance bicycle facili�es along Harborview Dr, Soundview Dr Mid-term (10 yrs)Peacock Hill Ave144th StPurdy DrSwede Hill Borgen Rd Purdy Sehmel Dr Burnh am D r Gig Harbor Stone Dr Tacoma Narrows Bridge Artondale Shore Acres TacomaJahn Ave14th AvePoint Fosdick Dr38th Ave36th St 56th St Hunt St Wollochet Dr Pioneer Way Soundview Dr16 302 302 Purdy Dr Corridor SR 16/SR 302 Interchange 3001 Goodnough Dr Corridor 3901 Sehmel Rd Corridor 3201 3202 SR 16/Borgen Blvd Interchange Borgen Blvd Corridor 3401 3402 3904 SR16/Wollochet Dr - Pioneer Way Interchange 4001 East/West SR 16 Crossing 4401 3101 SR 16/Olympic Dr Interchange 4101 4901 Sub-areawide Strategies Pedestrian and Bicycle 3903 4902 33013301 3302 Purdy Dr Corridor 3302 3303 Purdy Dr CorridorPurdy Dr Corridor 3303 33043304 33053305 Interchange 3001 3901 Sehmel Rd Corridor 3201 3202 Sehmel Rd Corridor 3201 3202 Interchange 3101 Borgen Blvd Corridor 3401 3402 3904 Borgen Blvd Corridor 3401 3402 3904 Borgen Blvd Corridor 3401 3402 3904 Borgen Blvd Corridor 3401 3402 3904 Borgen Blvd Corridor 3401 3402 3904 Interchange 4001 Crossing 4401 Interchange 4101 4901 3903 4902 Page 148 of 156 City of Port Orchard Council Meeting Minutes Regular Meeting of February 9, 2021 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: Mayor Pro-Tem Ashby Present via Remote Access Councilmember Chang Present via Remote Access Councilmember Clauson Present via Remote Access Councilmember Cucciardi Present via Remote Access Councilmember Diener Absent Councilmember Lucarelli Present via Remote Access Councilmember Rosapepe Present via Remote Access Mayor Putaansuu Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, Police Chief Brown, City Attorney Archer, Land Use Attorney Robertson, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to excuse Councilmember Diener due to business obligations. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapape, to add an item, Business Item 7L, regarding a letter to Governor Inslee. The motion carried. Page 149 of 156 Minutes of February 9, 2021 Page 2 of 8 MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 81428 through 81453 and 81457 through 81497, including bank drafts in the amount of $342,905.17 and EFT’s in the amount of $14,205.96 totaling $357,111.13. B. Approval of Payroll Check Nos. 81453 through 81456 including bank drafts and EFT’s in the amount of $153,640.83; and Direct Deposits in the amount of $181,515.68 totaling $335,156.51. C. Adoption of an Ordinance Accepting Cash Donations from Kitsap Bank and Waterman Mitigation Partners (Ordinance No. 005-21) D. Adoption of a Resolution Approving an Emergency Access and Utility Easement with Northcamp Property Investments, LLC for the Final Plat of McCormick Village (Resolution No. 015-21) E. Adoption of a Resolution Approving the Purchase of Vehicles for the Equipment Rental Revolving Fund 500 (Resolution No. 016-21) F. Approval of the January 26, 2021, City Council Meeting Minutes G. NEW ITEM: Excusal of Councilmember Diener Due to Business Obligations MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Ordinance to Adopt an Adjusted Traffic Impact Fee Mayor Putaansuu opened the public hearing at 6:39 p.m. Dean Nail, Housing Kitsap, said they have a project off Melcher Street they are close to funding and the budgets have been set. Part of the process is to reach out and see what kind of fees are due so they can get their permits. They heard traffic fees are going to go up, and will be an increase of about $2,500, which they do not have budgeted. He asked for an extension for a week or so until they get their permits in order and paid for. Page 150 of 156 Minutes of February 9, 2021 Page 3 of 8 City Clerk Rinearson acknowledged as part of the record an email received prior to the meeting, and circulated to the Council, from Joel Klemp with Housing Kitsap. There being no more testimony, Mayor Putaansuu closed the public hearing at 6:42 p.m. B. McCormick Woods Development Agreement for Transportation Mayor Putaansuu opening the public hearing, and there being no testimony, closed the public hearing at 6:49 p.m. C. Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits Mayor Putaansuu opened the public hearing at 6:56 p.m. Community Development Director Bond noted that they received a written comment sent to the City Council this afternoon from Tarragon who testified in support of this. Mayor Putaansuu closed the public hearing at 6:58 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving the McCormick Woods Development Agreement for Transportation MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an ordinance approving the 2021 McCormick Woods development agreement for transportation. The motion carried. (Ordinance No. 006-21 and Contract No. 035-21) B. Adoption of an Ordinance Adopting an Adjusted Traffic Impact Fee Community Development Director Bond noted that due to the comment they received, they may want to amend the effective date of the ordinance. MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve an ordinance adopting an adjusted traffic impact fee with an effective date of February 23, 2021. The motion carried. (Ordinance No. 007-21) Page 151 of 156 Minutes of February 9, 2021 Page 4 of 8 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits In response to Councilmember Clauson, Mayor Putaansuu noted he understands what we intend to do, but it is the mechanics and the language. Every time we meet it seems as if we are tweaking something just a little bit. We may benefit from taking a breath. MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to continue this item to the next Council meeting [February 23, 2021]. The motion carried. D. Adoption of an Ordinance Approving a Contract with the Washington State Department of Transportation for the Bethel and Lincoln Roundabout Project Construction Phase MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt Ordinance No. 001-21, thereby approving and authorizing the Mayor to execute Contract No. C021-21 with the Washington State Department of Transportation, inclusive of the current WSDOT Project Administration Agreement and the WSDOT Local Agency Agreement, for the Bethel and Lincoln Intersection – Single Lane Roundabout Project Construction Phase from the Highway Safety Improvement Program in the amount of $1,500,000. Councilmember Chang said he is an employee of WSDOT (Washington State Department of Transportation) and asked if anyone would like him to recuse himself for this item or from the next Business Item. No one voiced any concerns. The motion carried. E. Adoption of an Ordinance Approving a Contract with the Washington State Department ofTransportation for the Citywide Street Lighting Study MOTION: By Councilmember Rosapepe, seconded by Councilmember Cucciardi, to adopt Ordinance No. 002-21, thereby approving and authorizing the Mayor to execute Contract No. C022-21 with the Washington State Department of Transportation, inclusive of the current WSDOT Project Administration Agreement attached and the WSDOT Local Agency Agreement, for the Citywide Street Lighting Study in the amount of $36,000. The motion carried. F. Adoption of a Resolution Approving a Contract with Skillings, Inc. for the Bethel and Lincoln Intersection Roundabout Project Design Phase and Documenting Procurement Procedures Page 152 of 156 Minutes of February 9, 2021 Page 5 of 8 MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt Resolution No. 014-21, thereby approving and authorizing the Mayor to execute Contract No. C029-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project Design Phase in an amount of $537,454 and documenting the Professional Services procurement procedures. The motion carried. G. Adoption of a Resolution Approving a Contract with Transportation Solutions, Inc. for the Third-Party Transportation Concurrency Review Project and Documenting Procurement Procedures MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt Resolution No. 012-21, thereby approving Contract No. C026-21 with Transportation Solutions Inc. for the Third- Party Transportation Concurrency Review Project in an amount not to exceed $75,000 and documenting the Professional Services procurement procedures. The motion carried. H. Adoption of a Resolution Approving a Contract with Transportation Solutions, Inc. for On-Call Transportation Analysis Project and Documenting Procurement Procedures MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt Resolution No. 013-21, thereby approving Contract No. C028-21 with Transportation Solutions Inc. for the On-Call Transportation Analysis Project in the amount of $20,000 and documenting the Professional Services procurement procedures. The motion carried. I. Adoption of a Resolution Adopting the Final Plat of Stetson Heights Phase 1 MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 1 Final Plat. The motion carried. (Resolution No. 017-21) J. Adoption of a Resolution Adopting a Donation Policy MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to adopt a resolution approving the City’s donation policy as presented. The motion carried. Page 153 of 156 Minutes of February 9, 2021 Page 6 of 8 (Resolution No. 018-21) K. Approval of the January 19, 2021, City Council Work Study Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the minutes of the work study of January 19th as presented. Councilmember Lucarelli explained she arrived late to this meeting, but she did watch the video. The motion carried. L. Approval of a Letter to Governor Inslee Regarding Moving to Phase II Mayor Putaansuu explained this letter was discussed during the Economic Development and Tourism Committee. He then read the letter into the record. Councilmembers discussed the importance of the letter containing their original signatures. In response to Councilmember Rosapepe, Mayor Putaansuu reported on COVID numbers and Kitsap Public Health. MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to accept the letter that has been presented this evening with all of the different edits, for signature by the City Council and the Mayor for distribution to Governor Jay Inslee, and our elected officials in the 26th district. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) Gorst Memorandum of Understanding /Agreement Mayor Putaansuu noted the City Attorney has been working on this with the City of Bremerton and David Overton. There were some concerns with the payment of dues section of the agreement. City Attorney Archer discussed several changes to the agreement, including adding the language ‘The Co-Chair, in their sole discretion, may set their individual annual target contribution amount’ and ‘Each paying member shall notify the Co-Chair Committee of its pledged contribution upon passage of the Member’s final budget’. They are proposing the City of Port Orchard to become a Co-Chair committee member. Additional discussion was held regarding funds and budget, proposed changes, termination clause, and tier amounts. Page 154 of 156 Minutes of February 9, 2021 Page 7 of 8 Mayor Putaansuu said this will come back before the Council in 2 weeks. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Cucciardi reported on the February 8th Economic Development and Tourism Committee meeting. Councilmember Lucarelli reported on the February 9th Utilities Committee meeting. The next meeting is scheduled for March 9th. Mayor Putaansuu reported the Finance Committee is scheduled to meet next week [February 9th]. The Transportation Committee is scheduled to meet February 23rd. The Land Use Committee is scheduled to meet tomorrow [February 10th]. Councilmember Rosapepe reported the Lodging Tax Advisory Committee was going to meet this month; however, the meeting has moved to sometime in March. Councilmember Ashby reported on a March 4th, KRCC [Kitsap Regional Coordinating Council] retreat. PSRC [Puget Sound Regional Council] TransPOL is scheduled to meet this week. Mayor Putaansuu reported on Department of Emergency Management funding, Gorst Coalition, and AWC [Association of Washington Cities] Board. 10. REPORT OF MAYOR The Mayor reported on the following: • South Kitsap Community Events Center update; • Paving of Lippert Drive in 2022; • Senate Transportation Committee; • Remote meeting change to Zoom webinars; • Phase 2 updates and Council meetings; and • In accordance with Ordinance No. 008-20, ‘Delegating Authority to the Mayor for Creation and Modification of Job Descriptions’, he reported the job description has been completed for the position of IT Support Specialist. 11. REPORT OF DEPARTMENT HEADS Community Development Director Bond reported in January of 2021, we exceeded our unit count for all permitting in 2020. Police Chief Brown reported on interviews and accreditation updates. Finance Director Crocker reported they are working on closing out 2020. Page 155 of 156 Minutes of February 9, 2021 Page 8 of 8 City Clerk Rinearson reported on the status of the letter to Governor Jay Inslee and said to look for an email from her regarding the new Zoom webinars. Fire Chief Jeff Faucett noted he enjoys being a part of the Council meetings and reported on their hiring and building inspections. GOOD OF THE ORDER There was nothing for the Good of the Order. 12. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION There was no executive session. 14. ADJOURNMENT The meeting adjourned at 8:56 p.m. No other action was taken. Due to technical issues, Audio/Visual started recording 10 minutes after meeting began. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 156 of 156