03/08/2016 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of March 8, 2016
1. CALL TO ORDER AND ROLL CALL
Mayor Pro-Tern Clauson 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-Tern Clauson Present
Mayor Putaansuu Absent
Staff present: Public Works Director Dorsey, Development Director Bond, City Attorney Cates, City
Clerk Rinearson, and Deputy City Clerk Floyd were also present.
A. Pledge of Allegiance
Mayor Pro-Tern Clauson led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Matt Murphy, Chamber of Commerce, said he seen the City taking the steps to keep the
crosswalks signs and flags visible and looks forward to more updates. In addition, he said he
noticed there is a lot of cooperation in Port Orchard, and he handed out a sticker supporting Port
Orchard.
Stanley Smith spoke regarding his permit difficulties with the City.
3. APPROVAL OF AGENDA
MOTION: By Councilmember Ashby, seconded by Councilmember Donlin to approve the agenda
as presented.
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MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener to pull Business Item
7C and put on the March 22 agenda.
The amended motion carried.
MOTION: By Councilmember Diener, seconded by Councilmember Ashby to add an agenda item to
have a discussion about MRSC and the funding issues they are faced with.
The amended motion carried.
The main motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Bi-Weekly Check Nos. 66101 through 66190 totaling $360,139.20; February's
Electronic Payment dates 2/1/2016 through 2/29/2016 totaling $2,587.35; and Bi-Weekly
Payroll Check Nos. 146881 through 146898 totaling $256,595.86
B. Approval of the February 16, 2016, Council Work Study Session Minutes
C. Approval of the February 20, 2016, Council Special Meeting Minutes
D. Approval of February 23, 2016, Regular Council Meeting Minutes
E. Approval of Public Event Applications: Mustangs on the Waterfront and The Unforgotten
Run to Tahoma (Rinearson)
MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to approve the
consent agenda.
The motion carried.
5. PRESENTATION
A. South Kitsap Water Reclamation Facility (SKWRF) 2015 Achievements and Budget Status
Report
Mike Wilson, General Manager Randy Screws, Plant Manager of SKWRF, gave a presentation which
included:
• Cash Flow Activity
• 2015 Revenues
• 2015 Expenditures
• Enterprise Funds
• Internal Services Fund
• Debt Service
• Long-Term Liabilities
• 2015 Achievements
B. Proclamation: Meals on Wheels
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Mayor Pro-Tern Clauson read the proclamation into the record, and presented the proclamation to
Ms. Deborah Horn.
C. Proclamation: Brain Injury Awareness Month
Mayor Pro-Tern Clauson read the proclamation into the record.
6. PUBLIC HEARING
A. Public Hearing on Interim Ordinance No. 007-16, Adopted on February 23, 2016, Establishing
Updated Interim Subdivision Code
Staff Report: Development Director Bond presented the staff report noting on February 23, 2016,
the City Council adopted Ordinance No. 007-16, an interim ordinance regarding Subdivisions, for a
period of one year. This Ordinance repealed POMC chapter 16.72 and replaced those chapters with
an updated interim Title 26 of the POMC. Ordinance No. 007-16, was adopted as an emergency
measure pursuant to RCW 36.70A.390, which allows an interim zoning ordinance to be effective
immediately, and to continue in effect for a period of one year, so long as city staff adopt a work
plan for implementation of a permanent code, the ordinance is adopted by a supermajority of the
Council, and a Public Hearing is held on the ordinance within sixty (60) days of passage. The required
Public Hearing on Ordinance No. 007-16, has been duly noticed by the city to be held on March 8,
2016. At this public hearing, the City Council will take public testimony on interim Ordinance No.
007~16, and may choose to adopt additional findings of fact in addition to those findings already
included in Ordinance No. 007-16; however, the Council is not required to adopt any additional
findings. City staff has received written comments regarding interim Ordinance No. 007-16; such
comments have been attached as exhibits to this report and will be entered into the record during
the Public Hearing.
Mayor Pro-Tern Clauson opened the public hearing at 7:57 p.m.
William Palmer, representing Kitsap Alliance of Property Owners, expressed his concerns of the
ordinance needing work, is confused about the process, and the City should not have adopted the
interim ordinances in the first place.
Nick Whittleton asked that the meeting notice to stakeholders be made to the public.
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Reed Muller, Ward C. Muller and Associates, spoke about boundary line adjustments and said it
does not need to be in an ordinance.
There being no further testimony, Mayor Pro-Tern Clauson closed the Public Hearing at 8:07 p.m.
B. Public Hearing on Interim Ordinance No. 008-16, Adopted on February 23, 2016, Establishing
Updated Interim Permit Processing Code
Staff report: Development Director Bond presented the staff report, noting on February 23, 2016,
the City Council adopted Ordinance No. 008-16, an interim ordinance regarding Project Permit
Processing, for a period of one year. This Ordinance repealed POMC Chapters 16.06 and 16.07 and
replaced those Chapters with an updated interim Title 23 of the POMC. Ordinance No. 008-16, was
adopted as an emergency measure pursuant to RCW 36.70A.390, which allows an interim zoning
ordinance to be effective immediately, and to continue in effect for a period of one year, so long as
City staff adopt a work plan for implementation of a permanent code, the ordinance is adopted by a
supermajority of the Council, and a Public Hearing is held on the ordinance within sixty (60) days of
passage. The required Public Hearing on Ordinance No. 008-16, has been duly noticed by the City to
be held on. March 8, 2016. At this Public Hearing, the City Council will take public testimony on
interim Ordinance No. 008-16, and may choose to adopt additional findings of fact in addition to
those findings already included in Ordinance No. 008-16; however, the Council is not required to
adopt any additional findings. City staff has received written comments regarding interim Ordinance
No. 008-16; such comments have been attached as exhibits to this report and will be entered into
the record during the Public Hearing.
In addition, the stakeholder meeting is tentatively scheduled for May 17.
Mayor Pro-Tern Clauson opened the public hearing at 8:12 p.m.
William Palmer, representing Kitsap Alliance of Property Owners, expressed his concerns in the
previous Public Hearing and in addition would like to know where the work program is, as this seems
to be a requirement, and why was the public not advised about this work program?
There being no further testimony, Mayor Pro-Tern Clauson closed the public hearing at 8:16 p.m.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending the Special Passes Previsions of Chapter 10.12 ("Parking,
Standing, and Stopping") of POMC Section 140 Special Passes
Staff Report: City Clerk Rinearson presented the staff report, noting during the review of POMC
10.14 Residential Parking Permit System, it was discovered that the County had been issued
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permits in error. The permits being issued were not within the provisions of the code, as they were
not a resident or a guest of a resident. At the January 19, 2016, Work Study Session staff was
directed to update the City's code to allow permits to be issued to County board volunteers and
Councilmembers when visiting the Kitsap County Courthouse, Administrative Building, or City Hall
when conducting County or City business that is expected to last longer than the posted time
limitation on the City streets. Staff provided a red-line and a draft ordinance for consideration. At
the February 23, 2016, City Council meeting, staff was directed to narrow the type of motorists
allowed for this pass. The proposed language appeared to allow everyone to receive a special pass,
which was not the intent of the change. Staff has made those corrections and provided a revised
ordinance for consideration.
The current motion on the floor is:
MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to adopt an ordinance
amending the Special Passes provisions of Chapter 10.12 ("Parking, Standing, and Stopping") of
POMC Section 140 Special Passes.
Councilmember Ashby stated the new language provided met their requirements from the last
Council meeting.
Councilmember Diener noted the special passes will also apply to stakeholder groups at the City
and County.
The motion carried.
{Ordinance No. 006-16)
B. Adoption of a Resolution Updating the City's Fee Resolution
Staff Report: Development Director Bond presented the staff report, noting the City regularly
reviews its Permit Fee Resolution to ensure that all permit fees are set as prescribed and at levels
which are sufficient to cover the cost of administration. The attached fee resolution has been
updated to clarify the concurrency review fee schedule; clarify the City's permit fee refund policy;
provide clarification concerning building valuation when donated or used materials or labor are
involved; general housekeeping; and add missing permits to the fee schedule. Fees for
Administrative Shoreline Conditional Use Permits and Variances have been added to the resolution.
Previously these had not been included in the schedule.
MOTION: By Councilmember Chang, seconded by Councilmember Donlin, to adopt a resolution
updating the City's fee resolution, as presented.
The motion carried.
(Resolution No. 027-16)
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D. Approval of a Contract with WEBQA, Inc. for FOIA (Public Records) Request Services
Staff Report: City Clerk Rinearson presented the staff report, noting staff is looking for ways to
streamline the management of public records requests, internally and for the public. With the
increase of requests continuing to grow throughout the City; staff researched software programs
that can assist in managing requests between departments, generate reports on time spent on
requests, and reduce the number of requests.
Staff followed procedures outlined in Resolution No. 009-15, Section 6, Vendors List for
Equipment, Materials, Supplies, or Services and found a company that offers subscription base
software that fits the City's needs. It provides a web portal for the public to submit public records
requests online, allows them to check the status of their own requests, and they can view all
previously completed requests. In addition, the software can assist in directing the public to
portions of the City's website that may already have the documentation they are looking for or
direct them to another agency were the record is held. The software allows staff to be proactive
in posting documents related to a specific project that is of high interest to the public, eliminating
those particular requests. With the software in place, it will reduce staff time and cost associated
with responding to public record requests. The cost for the software requires a one-time set-up
fee of $1,500, and an annual cost of $3,000.
At the December 8, 2015, City Council meeting, staff was directed to inquire about the fee for
purchasing the data back, upon termination of the agreement; confirm the increase rate and
effective dates; and if they offer a reduced annual inc~ease rate for a longer term contract. Council
assigned this item to the Finance committee. On January 29, 2016, the proposal was presented
and discussed at the Finance Committee. Staff explained that the option to purchase the data
would not be beneficial to the City. Staff would extract the data from the program before the
termination date. The company can enter in to a 3 year contract with an annual increase of up to
3%, after the first year. The increases would occur on April 1st of every year, starting April 1, 2017.
With the new information provided by staff, the Finance Committee directed staff to bring forth
for consideration.
MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to approve a contract
with WEBQA Inc., for a Public Records Request tracking software, as presented.
Council and staff briefly discussed the termination clause of the contract.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Donlin to allow staff to go
back and get clarity that our intentions of this were to have the ability to get out of this contract
without penalty in the first 60 days of execution; and if after that first 60 days if we were to cancel,
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we would not be financially obligated to the three year term; if we cannot accomplish those
things, we would reduce from 3 years, to a 1 year term, and make sure it would not auto renew
on the 1 year term.
The amended motion carried.
The main motion carried.
(Contract No. 026-16)
E. Approval to Accept an Amendment to Contract No. 009-15, with Progressive Landscapes, LLC
to Extend the 2016 Parks Maintenance Program
Staff Report: Public Works Director Dorsey presented the staff report, noting on January 13, 2015,
the Port Orchard City Council authorized the Mayor to execute Ordinary Maintenance Contract No.
C009-15 with Progressive Landscapes, LLC for the City's 2015 Parks Maintenance Program.
Pursuant to Section lC of said Contract, the blowing, fertilizing, mowing, edging and light weeding
services were extended until December 31, 2016 via a letter dated February 23, 2016, whereby the
City's Public Works Department notified Progressive Landscapes, LLC of the Contract Extension and
requested a 2016 Fee Proposal for the following areas:
1. Etta Turner Memorial Park (inc. both ends of bridge at SR 166)
2. Flowers beds at the Port Orchard Library (north side only)
3. Planters at the Waterfront Parking Lots #3 and #4
4. SR 166 Roundabout Landscaping
5. Flag Pole Landscaped Triangle @ Bay Street/Cline Avenue/Kitsap Street
6. City Employee parking lot on Prospect Street
In addition to the Fee Proposal above, the City's Public Works Department requested a Fee
Proposal for the additional Scope of Services listed below:
7. Bay Street Pedestrian Pathway (Segment #4/#5) Landscaping & Sidewalks
8. Dekalb Street Pier -Pier Head Landscaping & Sidewalks
9. Bayside Planter
10. Bay Street Hanging Baskets Fertilizing (4-time/year May -August)
On March 1, 2016, Progressive Landscapes, LLC provided the City with a Fee Proposal of
$12,000.00 for Service Areas #1 through #6, and #7 and #10 that fall within the City's Public Works
Department 2016 Budget Authority. The Fee Proposal of $1,521.80 for Service area #8 and #9 will
require Council authorization.
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Option No. 1: Accept Progressive Landscapes, LLC Fee Proposal of $12,000.00 for Service Areas #1
through #6, and #7 and #10 that fall within the City's Public Works Department 2016 Budget
Authority.
Option No. 2: Accept Progressive Landscapes, LLC Fee Proposal of $13,521.80 for all Service areas
identified (#1 through #10), which requires $1,521.80 in additional Council budget authorization.
MOTION: By Councilmember Lucarelli, seconded by Councilmember Donlin, to authorize the
Mayor to Option No. 2 Accept Progressive Landscapes, LLC Fee Proposal of $13,521.80 for all
Service areas identified (#1 through #10), which requires $1,521.80 in additional Council budget
authorization.
The motion carried.
(Amendment to Contract No. 009-15)
F. Discussion: School Bond
Councilmember Ashby stated in January, the Council provided an endorsement for the school
bond, and would like to know if Council would like to be proactive and endorse the school bond
issue that will be on the ballot on April 26th. She requests to have this added to the next Council
meeting for consideration.
G. Discussion: Municipal Research Service Centers (MRSC)
Councilmember Diener noted he has received notice about MRSC losing all their funding. They
provide services to cities, counties, water/sewer districts, and hospitals. They have been providing
services for 82 years. MRSC is asking for assistance from those jurisdictions to contact the Senate.
Councilmember Ashby urged Council to make sure our Lobbyist is on top of this, and work with our
Legislators.
Development Director Bond noted he is happy to work on a letter and have the Mayor Pro-Tern
sign it for distribution to the Legislatures and the City's Lobbyist.
8. COMMITTEE REPORTS
Mayor Pro-Tern Clauson reported the Finance Committee met on February 29, and appointed the
Chair, discussed the City's sales tax receipts, received report from firm on the City's computer
network, possible moving the City to a biannual budget, replacement of Council chairs, and Mayor
shared he has a firm that will conduct a space analysis of the City for efficiency of staff placement.
The next meeting is March 28, at 7:30am.
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Councilmember Ashby reported Economic Development/Tourism will be meeting on Monday, the
14, at 9:00am.
Councilmember Lucarelli reported the Utility Committee is meeting March 21, at 9:30am, and
Sewer Advisory Committee met this past week and discussed Capital projects, and the next
meeting is April 21, 6:30pm, at the South Kitsap Water Reclamation Facility.
Councilmember Diener reported the Land Use Committee met on February 17, and discussed
downtown parking meters in parking lot, right-of-way vacations, reviewed Comprehensive Plan
Parks Chapter, Paul Powers' park improvements, McCormick Woods Park Contract Scope of Work,
and reviewed proposed land use code. The next meeting is scheduled for March 30, at 7:30am.
Councilmember Lucarelli reported the Chimes and Lights Committee will be meeting on Monday
March 14, at 3:30pm at City Hall for a debriefing of the 2015 event. The Festival of Chimes and
Lights is scheduled for December 3.
9. MAYOR'S REPORT
No report was given.
10. REPORT OF DEPARTMENT DIRECTORS
Development Director Bond reported permits have been issued to the property of Stanley Smith;
they had a kickoff party regarding the design for the McCormick Park Phase 2; and discussed the
building activities for the next two years.
City Clerk Rinearson reported the City's new employee, Office Assistant II, will be starting
tomorrow.
11. CITIZENS COMMENTS
Mike Wilson, West Sound Utility District, apologized for the errors in their presentations, and
would like the quit claim deeds turned in before their annual report, which is end of April. Also, he
was on the MRSC board of directors, and spoke briefly about funding.
Walt Shupert noted he is a proponent of the school bond and questioned special access for
parking for certain people.
Tim Matthes, asked the Council to be careful of deciding in the future what to do with Paul Powers
Park. It is used more than they think. Please do not remove this park.
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Elissa Whittleton said part of the reasoning for doing away with the park is there are no sidewalks .
Also, there are no sidewalks at McCormick Woods Park.
12. EXECUTIVE SESSION
No executive session was held.
13. ADJOURNMENT
The meeting adjourned at 9: 07 p.m. No other action was taken.
~----------~--Brandy Rinearson, CMC, City Clerk