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02/09/2016 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of February 9, 2016 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 7:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tem Clauson Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, City Treasurer Martin, Development Director Bond, City Attorney Cates, Police Chief Marti, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. A. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Sharron King, Al Mahaney, and Helene Jensen with Fathoms 0' Fun, spoke about bringing the carnival back to downtown Port Orchard in May. Elissa Whittleton thanked the Code Enforcement officer for speaking to her about the derelict buildings around her neighborhood. She also complimented the Economic Development Council Committee for their public outreach. Bobbie Stewart, President of POBSA, invited the Council to downtown Port Orchard for their Valentine's special which runs tomorrow through Sunday. Tom Bradley informed the Council of a storm drain problem in his area. Minutes of February 9, 2016 Page 2 of 11 In response to Mr. Bradley, Mayor Putaansuu stated Public Works Director Dorsey would be contacting him. Gerry Harmon said Council has been discussing ways to reach out to the community, and she noticed in Mason County, there are two signs that relay messages regarding meetings. This might be a good option to look into. 3. APPROVAL OF AGENDA MOTION: By Mayor Pro -Tern Clauson, seconded by Councilmember Lucarelli, to move Consent Item 4E to the Business Items [7J]. The motion carried. MOTION: By Councilmember Ashby, seconded by Mayor Pro-Tem Clauson, to approve the agenda as amended. The motion carried. 4. APPROVAL OF CONSENT AGENDA A. January Payroll Check Nos. 146795 through 146838 totaling $617,602.18; Electronic Payment dates 1/1/2016 through 1/31/2016 totaling $2,937.06; Approval of February Check Nos. 65898 through 66009 totaling $745,797.36; and February Bi-Weekly Payroll Check Nos. 146839 through 146855 totaling $257,513.86 B. Approval of January 26, 2016 Council Meeting Minutes C. Approval of January 26, 2016, Special Council Meeting Minutes D. Adoption of an Ordinance Repealing Ordinance No. 027-13, and Adopting the Revised Comprehensive Emergency Management Plan (Ordinance No. 005-16) Committee AssignmeRts and ResPORSibilities F. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing the Disposition Thereof (Resolution No. 014-16) G. Adoption of of a Resolution Accepting a Bid and Authorizing the Purchase of a New Code Enforcement Truck (Resolution No. 015-16) MOTION: By Mayor Pro-Tem Clauson, seconded by Councilmember Donlin, to approve the Consent Agenda. The motion carried. 5. PRESENTATION Minutes of February 9, 2016 Page 3 of 11 No presentations were held. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Adoption of a Resolution Supporting the 2017-2020 Funding Cycle Application Process for the Tremont Street Widening Gateway Project Staff Report: Public Works Director Dorsey presented the staff report, noting this resolution declares City intent to finance the Tremont Street Widening/Gateway Project using grant proceeds, general obligation bond financing, and City street funds. On April 28, 2009, the Port Orchard City Council adopted Resolution No. 040-09, thereby supporting the 2011-2013 funding cycle for the Tremont Street Widening/Gateway Project. This priority City transportation project 1) has been "immediately ready to go" for several years, 2) is currently listed as the number one project on the Kitsap Regional Coordinating Council's Contingency List and 3) requires obligation of necessary construction funding prior to September 2018. The City, acting through its Public Works Department, will seek grant funding by submitting a Countywide Funding Application with the Kitsap Regional Coordinating Council, a Regional Funding Application with the Puget Sound Regional Council and a State Funding Application with the Transportation Improvement Board, seeking grant funding within the 2017-2020 Funding Cycle. For municipal purposes, the City may issue bonds within constitutional and statutory limitations not exceeding one and one-half per centum of the taxable property of the City without assent of three -fifths of the voters and with such assent, statutorily limited to a total indebtedness of two and one-half percent of the value of the taxable property. Current assessed valuation of $1,405,166,175 provides for non -voted debt capacity of $21,077,175 and voted general debt capacity of $35,129,154 (less any outstanding debt.) It is the City's intent to use bond proceeds in combination with grant funds to complete the project. In order to reimburse the City street fund for project costs paid prior to the issuance of general obligation bonds, the City Treasurer, acting as the official authorized on behalf of the City, will execute a Declaration of Official Intent to Reimburse Expenditures from Proceeds of Bonds pursuant to Treasury Regulation §1.150-2 (as it may be amended or superseded) and Port Orchard Resolution No. 030-13 for the Tremont Street Widening/Gateway Project. MOTION: By Councilmember Lucarelli seconded by Mayor Pro-Tem Clauson, to adopt Resolution No. 011-16, thereby supporting the 2017-2020 State & Federal Funding Cycle Application Process for the Tremont Street Widening/Gateway Project, as a requirement to obtain grant funding for a fully funded project. The motion carried. Minutes of February 9, 2016 Page 4 of 11 (Resolution No. 011-16) B. Adoption of a Resolution Approving a Contract with KPG, Inc. for 2016 PSRC Regional and KRCC County -wide Application(s) and Procurement Procedure Documentation Staff Report: Public Works Director Dorsey presented the staff report, noting the City's Public Works Department has been working diligently over the years to procure Construction Funding for the 'immediately ready -to -go" Tremont Street Widening Project. For the 2016 funding cycle(s), along with applying for State Grant funding with the Transportation Improvement Board (TIB) later this summer, the City will also apply to both the Puget Sound Regional Council (PSRC) Regional and the Kitsap Regional Coordinating Council (KRCC) Countywide for Federal Grant funding. The need to have a viable and regionally competitive Grant application is paramount. On January 27, 2016, the City's Public Works Department issued a Request for Qualification (RFQ) to three (3) professional services firms listed on the current City's Professional Services Roster. By the February 2, 2016, deadline, Staff received two (2) responses. As documented by the attached Resolution, KPG, Inc. was determined to be the most qualified professional services firm. MOTION: By Councilmember Cucciardi, seconded by Mayor Pro-Tem Clauson, to adopt Resolution No. 012-16, thereby approving Contract No. C017-16 with KPG, Inc. in the amount not to exceed $5,000 for the 2016 PSRC Regional and the KRCC Countywide Application Process and documenting the Professional Services procurement procedures pursuant to RCW 39.80. The motion carried. (Resolution No. 012-16 and Contract No.017-16) C. Adoption of a Resolution Approving a Contract with Robinson Noble, Inc. for the 2016 Hydrogeologic Services - Water Rights and Procurement Procedure Documentation Staff Report: Public Works Director Dorsey presented the staff report, noting the City has utilized Robinson Noble, Inc. for professional hydrogeologic services since 2003. In 2015, Robinson Noble, Inc. prepared a Water Rights Planning report for tasks to be performed in 2016/2017 (Contract C041-15.). This contract serves as an initial task associated with the report and City's overall Water Rights Program, with the procurement procedures consistent with RCW 39.80. Robinson Noble, Inc., as documented by the attached Resolution, was determined to be the most qualified professional services firm. MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to adopt Resolution No. 009-16, thereby approving Contract No. C015-16 with Robinson Noble, Inc. in the amount not to exceed $8,000 for the 2016 Hydrogeologic Services — Water Rights Alternatives Study and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Minutes of February 9, 2016 Page 5 of 11 Councilmember Ashby said she appreciates the due diligence that when we are spending the public's money, we are doing it in the most prudent and efficient manner. The motion carried. (Resolution No. 009-16 and Contract No. 015-16) D. Adoption of a Resolution Approving a Contract with Pace Engineers, Inc. for the 2016 Regional Decant Retrofit Construction Administration and Procurement Procedure Documentation Staff Report: Public Works Director Dorsey presented the staff report, noting the City's Public Works Department is in the process of constructing a new Regional Decant Facility, via retrofit of the existing aging and undersized facility, using grant funding awarded by the Department of Ecology (Ecology.) The City previously award a design contract to bring the existing decant facility into compliance with stormwater standards to Pace Engineers, Inc. Now that the design is complete and approved by Ecology and the construction phase is scheduled to commence in early to mid-2016, the City will need to acquire Construction Administration and Inspection Services to successfully complete the Project. On January 7, 2016 the City's Public Works Department issued a Request for Qualification (RFQ) to eight (8) professional services firms listed on the City's Professional Services Roster. By the January 15, 2016 deadline, staff received two (2) responses. As documented by the attached Resolution, Pace Engineers, Inc. was determined to be the most qualified professional services firm. MOTION: By Councilmember Chang, seconded by Councilmember Donlin to adopt Resolution No. 010-16, thereby approving Contract No. C016-16 with Pace Engineers, Inc. in the amount not to exceed $125,000 for the 2016 Regional Decant Facility Retrofit (Expansion) Construction Administration and Inspection Services and documenting the Professional Services procurement procedures pursuant to RCW 39.80. The motion carried. (Resolution No. 010-16 and Contract No. 016-16) E. Approval of an Agreement with the Kitsap County Prosecuting Attorney's Office to Serve as Housing Kitsap's Legal Counsel and Waiver any Potential Conflicts of Interest Staff Report: Mayor Putaansuu presented the staff report, noting Housing Kitsap no longer has counsel representation. The Board of Directors of Housing Kitsap wishes to enter in to an agreement with the Kitsap County Prosecuting Attorney's Office (KCPAO) for general counsel. Before KCPAO can provide such service, they are seeking approval from Housing Kitsap, each City, and the County to consent to legal services and to waive any conflict of interest that might be said to arise by virtue of that representation. Minutes of February 9, 2016 Page 6 of 11 MOTION: By Councilmember Donlin, seconded by Councilmember Cucciardi, to direct the Mayor to execute an agreement with the Kitsap County Prosecuting Attorney Services for Housing Kitsap's legal counsel, as presented. Councilmember Ashby said KRCC also contracts with KCPCOP for their legal work. They did their due diligence to make sure there is a definite separation. The motion carried. (Contract No. 020-16) F. Approval of a Contract with Lighthouse Law Group, PLLC for City Attorney Legal Services Staff Report: Mayor Putaansuu presented the staff report, noting Port Orchard Municipal Code Chapter 2.08 Appointed Officers, provides that the Mayor may appoint the City Attorney and enter into a professional services contract with a law firm or an individual upon agreement by the Mayor and confirmation by a majority vote of the City Council. As discussed at the December 8, 2015, Council meeting, a request for proposals for City Attorney Services was issued, which was due January 8, 2016. Ten proposals were received. After review of the proposals, four applicants were asked to interview with the City on January 20, 2016. The interview panel, consisting of Mayor Putaansuu, Councilmember Ashby, Councilmember Cucciardi, Treasurer Martin, Public Works Director Dorsey, and Development Director Bond, interviewed the four applicants. At the January 26, 2016, Council meeting, the Council confirmed the Mayor's appointment of Lighthouse Law Group, PLLC as the City Attorney, with the understanding that the Mayor would bring back to Council a contract for legal services. That contract has been negotiated and is being provided to the Council for consideration. Motion: By Councilmember Lucarelli, seconded by Mayor Pro-Tem Clauson, to authorize the Mayor to execute a contract with Lighthouse Law Group, PLLC for City Attorney legal services, as presented. The motion carried. (Contract No. 019-16) G. Approval of the January 19, 2016, Council Work Study Session Minutes Main Motion: By Mayor Pro-Tem Clauson, seconded by Councilmember Ashby, to approve the January 19, 2016, Council Work Study Session minutes. Minutes of February 9, 2016 Page 7 of 11 Councilmember Diener said on page 2, paragraph 4, it states "Councilmember Chang voiced his concerns asking what is the City's motivation for wanting to reduce our UGA". He asks if this should state what is the County's motivation, and not the City's motivation. Amended Motion: By Councilmember Diener, seconded by Councilmember Ashby to exchange the word City, with County. The amended motion carried. The main motion carried. H. Discussion: Council Retreat Facilitator Mayor Putaansuu noted he received three proposals, and we have roughly $1,500 in the budget to use for the retreat: • The Greatness Within, in an amount of $3,600; • Gatehouse - Discovery Program, in an amount of $2,500; and • Triangle Associates, in an amount of $1,317 Council briefly discussed the different options, agreeing that Triangle Associates should facilitate the retreat. City Clerk Rinearson said she would recommend the Council entertain a motion to approve the contract with the maximum dollar amount, as there will not be another Council meeting before the retreat. Motion: By Mayor Pro-Tem Clauson, seconded by Councilmember Diener to authorize the Mayor to enter into a contract with Triangle to facilitate our Council Retreat, with the budget not to exceed $1,500. The motion carried. (Contract No. 019-16) I. Discussion: Signage on SR-16 Near Tremont/Old Clifton Road Development director Bond reported this came out of the Economic Development Committee. We received a proposal from Washington State Department of Transportation (WSDOT) in January. We have been having discussions for the past year about updating signage for the City as a way to find a way to get to Port Orchard city center. Also, to better recognize Port Orchard from the freeway. The Economic Development Committee felt strongly about having signage on the westbound side of the highway, which is heading towards Gorst from Tacoma. We have a line item Minutes of February 9, 2016 Page 8 of 11 in our 2016 budget for signage replacement and repair. The price for the two proposals is $8,500, which is just for the westbound signage. If you add the eastbound signs, it is $17,000 for 8 signs. City Treasurer Martin thinks a good investment would be to have signs on both sides of the highway. This would help to bring people into Port Orchard. Councilmember Ashby noted the Economic Development Committee felt that complimentary wayfinding signs were important down Tremont to direct people to their destination. The committee would be supportive of the eastbound signs if the rest of the Council wanted to spend the money on those. In response to Councilmember Cucciardi, Development Director Bond agreed that the expense includes the Department of Transportation installation fees. Motion: By Mayor Pro-Tem Clauson, seconded by Councilmember Donlin, to authorize staff to move forward with options A and B (signs on both sides of highway). The motion carried. J. Adoption of a Resolution Repealing Resolution No. 001-14, and Establishing Council Committee Assignments and Responsibilities Staff Report: City Clerk Rinearson read the staff report, noting Council members discussed reorganization of Council Committees during the January 26, 2016, Special Council meeting. Council directed the City Clerk to prepare a resolution establishing the following committees: Finance Committee provides oversight of City budgeting, financial planning, and financial reporting. Recommends long-range financial goals along with funding strategies for the operating and capital budgets; human resource issues requiring policy direction; serves as the advisory forum for transportation and street maintenance funding, and funding relating to the transportation benefit district. MEMBERS: Councilmembers Ashby, Clauson, and Cucciardi. Land Use (formally Public Property) investigates and recommends policy regarding City property, including parks, streets, alleys and sidewalks. In addition, recommends policy on the City's Comprehensive Plan. MEMBERS: Councilmembers Clauson, Cucciardi, and Diener. Economic Development/Tourism investigates and recommends policy on increasing economic development and business retention. MEMBERS: Councilmembers Ashby, Chang, and Donlin. Utilities investigates and recommends policy on the subject and issues related to sewer, water, and stormwater. In addition, serve as City representatives to the Sewer Advisory Committee. MEMBERS: Councilmembers Clauson, Diener, and Lucarelli. Sewer Advisory serves as the City's representatives in conjunction with West Sound Utility District Commissioners. MEMBERS: Councilmembers Clauson, Diener, and Lucarelli. Minutes of February 9, 2016 Page 9 of 11 Festival of Chimes and Lights recommends activities and advertisements for the event. MEMBERS: Councilmembers Lucarelli and Donlin. Lodging Tax Advisory chairs the committee of hoteliers and non -profits to review lodging tax applications and provide a recommendation to the Council for distribution. MEMBER: Councilmember Chang. Outside agencies are assigned as follows: Health District: Clauson (alt) KRCC: Ashby, Donlin (alt) PSRC Exec. Board: Putaansuu (alt) PSRC Growth Mgmt: Diener (alt) PSRC EDD: Donlin (alt) KEDA/KADA: Lucarelli, Diener (alt) PSRC Transpol: Ashby KRCC Transpol: Ashby, Donlin (alt) PRTPO Exec Board: Ashby, Putaansuu (alt) Further, the Council directed Councilmembers would serve on the Committees as outlined in the resolution. Councilmember Clauson noted Councilmember Chang expressed interest in serving on the Utilities Committee; and would take his place on the Utilities and Sewer Advisory Committees. Motion: By Mayor Pro-Tem Clauson, seconded by Councilmember Donlin, to adopt a resolution, repealing Resolution 001-14, establishing Council committees and responsibilities, with the corrections that have been noted. The motion carried. (Resolution No. 016-16) 8. COMMITTEE REPORTS Councilmember Ashby reported Economic Development met yesterday. They established meeting time, which is the second Monday of the month at 9:00am in the Council Chambers. The agenda consisted of public event application and processing; managing banner across Bay Street; SR 16 and signage; sign code, and will invite the Chamber of Commerce and POBSA to the March meeting for needs for signage; distributed draft ED element of comp plan; and discussed items to bring forward to the retreat. Mayor Pro-Tem Clauson reported the Land Use Committee is scheduled for 7:30am February 17, at City Hall; and the Finance Committee is scheduled for February 29, 7:30am at City Hall. Minutes of February 9, 2016 Page 10 of 11 Councilmember Lucarelli reported the Utilities Committee will be meeting the 3ra Monday of each month, at 9:30am, at City Hall; however, the first meeting will be February 22. Mayor Putaansuu reported the Sewer Advisory Committee will meet February 24, 6:30pm at City Hall. 9. MAYOR'S REPORT Mayor Putaansuu reported on the following: • He obtained letter of support from Bruce Titus for the Bay Street Pedestrian Pathway; which was given to our lobbyist. • A public meeting will be held at City Hall regarding vaping products; no date has been set. • Sent an email to Council regarding Senate Bill 611 regarding sewer services. • Attended the County Commissioners meeting last night to testify about the City's position on the urban growth area. • He encouraged everyone to refrain from adding agenda items at the last minute, which causes staff time to revising the agenda and documents; essentially doing the process twice. He would like items added at the dais, unless it is an emergency. 10. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey reported on the DeKalb Pier Phase 2 Construction bid opening and said he will be bringing a contract forward on the 23ra City Treasurer Martin reported the Finance Committee is the 29th at 7:30 in the morning. Development Director Bond reported he will have a contract with Jones and Jones for the McCormick Park Phase 2 Development coming to Council on the 23ra City Clerk Rinearson noted she asked the Council if they had any concerns with the City Clerk's office removing the sponsorship of a Councilmember on ordinances. Our new legal counsel noted there are no requirements in the RCW's for this sponsorship; however Council could set a policy to have it sponsored. In addition, she congratulated Jenine Floyd on accepting the Deputy City Clerk position. She is now going through the application process to hire an Office Assistant II. Mayor Pro-Tem Clauson asked to add the discussion for sponsorship of a Councilmember to the Council Retreat agenda. Mayor Putaansuu said he has received topics for the retreat, and he urged the Council to contact Brandy to add additional topics. Minutes of February 9, 2016 Page 11 of 11 11. CITIZENS COMMENTS Sharron King said she is getting the event permit turned in tomorrow for the carnival. She also congratulated the Council on approving the signs. 12. EXECUTIVE SESSION At 8:36 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session regarding in accordance with RCW 42.30.110 regarding potential litigation. City Attorney Cates was invited to attend, and the Mayor announced that no action would be taken because of the executive session. At 8:51 p.m., Mayor reconvened Council back into regular session. 13. ADJOURNMENT The meeting adjourned at 8:54 p.m. No other action was taken. Brandy Rinearson, CIVIC, City Clerk Robert Putaansuu, Mayor (�%l%I H11, I II," ARJ d� a �m o� ea° V