07/28/2015 - Regular - MinutesCity of Port Orchard
Council Meeting Minutes
Regular Meeting of July 28, 2015
1. CALL TO ORDER AND ROLL CALL
Mayor Tim Matthes called the meeting to order at 7:00 p.m.
Roll call was taken by the City Clerk as follows:
Councilmember Cartwright Excused
Councilmember Chang Present
Councilmember Childs Present
Councilmember Clauson Present
Councilmember Lucarelli Present
Councilmember Putaansuu Present
Mayor Pro-Tern Ashby Present
Mayor Matthes Present
Staff present: City Clerk Rinearson, Assistant City Engineer Archer-Parsons, Development Director
Bond, Court Administrator Hunt, Human Resources Coordinator Howard, and City Attorney Morris
were also present.
A. Pledge of Allegiance
Mayor Matthes led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
There were no citizen comments.
3. APPROVAL OF AGENDA
MOTION: By Councilmember Childs, seconded by Councilmember Clauson, to approve the agenda
as presented.
AMENDED MOTION: by Councilmember Putaansuu, seconded by Councilmember Childs, to add an
item to the Consent Agenda to excuse Mr. Cartwright from tonight's meeting.
The motion to amend carried.
The amended motion carried.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Check Nos. 64597 through 64674 totaling $785,200.01
B. Approval of July 14, 2015, Council Meeting Minutes
Minutes of July 28, 2015
Page 2 of 7
C. Approval of Contract No. 065-15 with C-More Pipe Services for the 2015 Annual Sewer TV,
Cleaning & Lining Maintenance
D. Approval of a Contract with South Kitsap School District for a School Resource Officer
E. Approval of Change Order No. 2 to Contract No. 049-15 with Puget Paving & Construction
Inc., for the 2015 Bethel Road Pavement Repair Project
F. Excusal of Councilmember Cartwright from Tonight's Meeting
MOTION: By Councilmember Putaansuu, seconded by Councilmember Lucarelli, approving the
Consent Agenda as amended.
The motion carried.
5. PRESENTATION
A. 2016-2020 Consolidated Plan & Homeless Housing Plan
Mr. Doug Washburn, Director of Kitsap County Department of Human Services introduced Kirsten
Jewell, Housing & Homelessness Program Coordinator for Kitsap County Department of Human
Services and Shannon Bauman, Block Grant Program Planner for Kitsap County Department of
Human Services. They gave a program overview of the Housing and Homelessness Program, which
works to make homelessness a rare, brief, and one-time occurrence in Kitsap County, and ensure
that affordable housing is accessible to all who need it.
6. PUBLIC HEARING
No public hearings were held.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending POMC 10.84.060 Inattentive Driving (Hunt)
Staff Report: Court Administrator Hunt presented the staff report, noting to be consistent with
State law, the Court recommends the City increase the base penalty for POMC 10.84.060
"Inattentive Driving" from $60.25 plus assessments (total fine of $124) to $66.25 plus assessments
(total fine of $136).
Minutes of July 28, 2015
Page 3 of7
Council Consideration: -MOTION: By Councilmember Putaansuu, seconded by Councilmember
Ashby, to adopt an ordinance increasing the base penalty of the Civil Infraction of POMC
10.84.060 "Inattentive Driving" from $60.25 plus assessments to $66.25 plus assessments for a
total fine of $136.00.
In response to Councilmember Chang, Court Administrator Hunt said if we don't increase the
assessment, the City will lose revenue, because the State will be taking $43 instead of $35. She
said the State takes out portions of both the base penalties and assessments. It is hard to figure
out what they take out. The Court is required to take out $43.00. We would get around $20.
Assessments are for every infraction that is written. The base penalty is set by the State Supreme
Court. The more the City increases the base penalty, the State would also receive a higher
percentage.
In response to Councilmember Childs, Court Administrator Hunt said there are separate RCWs that
cover texting and cell phone usage. This penalty is used for when there are accidents, and the
officers don't see the event. It is also used for plea bargaining for the attorneys. It is not reported
to the Department of Licensing, unlike speeding.
Councilmember Childs stated he does not like the definition of inattentive driving, because puts
the officers in a bad position because it is very subjective. It is not very clear how much money we
are getting. He will not support this.
In response to Councilmember Chang, Court Administrator Hunt said this infraction is rarely cited
by the officers. It is usually used as a plea bargain offer from the prosecutor to defense attorney. It
could not be offered to people with commercial drivers licenses.
The motion passed 4 to 2. Council members Childs and Lucarelli voted no.
(ORDINANCE NO. 011-15)
B. Approval of a New Temporary Part-Time Administrative Position in the Department of
Community Development
Staff Report: Development Director Bond presented the staff report and recommended the City
Council approve the hire of a temporary administrative assistant part time position not to exceed
28 hours per week beginning September 1, 2015 through April 30, 2016, in accordance with the
attached job description.
Council Consideration: -MOTION: By Councilmember Childs, seconded by Councilmember
Clauson, authorizing the hire of a temporary part time administrative assistant in the Department
of Community Development in accordance with the attached job description.
Minutes of July 28, 2015
Page 4 of 7
In response to Councilmember Putaansuu, Development Director Bond said when they evaluate
the need for the position in January. They will look at where the City is in the hearing examiner
process, and how many more applications have come in that are waiting to be processed.
In response to Councilmember Clauson, Development Director Bond said they are going to budget
through April 2016. If the volume increases, there will be revenues to continue to fund the
position if it is needed.
Councilmember Clauson would like the position evaluated in November.
In response to Mayor Pro-Tern Ashby, Development Director Bond said this will add capacity to the
two associate planners since they will no longer have to clerk their own projects.
In response to Mayor Pro-Tern Ashby, Mayor Matthes said this will allow the City to maintain its
plan review times, instead of having them increase.
In response to Councilmember Chang, Human Resources Coordinator Howard addressed the
guidelines for temporary employee benefits.
The motion carried.
Councilmember Clauson asked staff to put the review of the position on the November Finance
Committee.
C. Adopting the 2015 Comprehensive Plan Amendment Roster (Bond)
Staff Report: Development Director Bond presented the staff report and recommended the
Council approve the agenda to review the Tremont Overlay District.
Council Consideration: -MOTION: By Councilmember Clauson, seconded by Councilmember
Putaansuu, to adopt the attached 2015 Comprehensive Plan amendment agenda as presented.
In response to Councilmember Putaansuu, Development Director Bond said based on the language
in the comprehensive plan, the City cannot consider repealing the Tremont regulations at this
time, because we need to make sure the regulations are consistent with the comprehensive plan.
The Planning Commission has reviewed the Tremont Overlay regulations, and they refined the
interim regulations that were approved. They questioned if the regulations are really needed
versus relying on the underlying zoning. The recommendation was that the Council consider
repealing those regulations, but the City would have to amend the comprehensive plan first. If the
Minutes of July 28, 2015
Page 5 of 7
Council did not feel comfortable amending the comprehensive plan, Council could chose to bring
forward the interim regulations or the draft the Planning Commission refined.
Councilmember Childs will not vote for this, because of all of the work that went into the 2008
process. He would like to see the refined regulations.
Mayor Pro-Tern Ashby said she worked on the 1994 plan and 2008 plan, she strongly recommends
not moving forward with repealing it. The neighborhood had some very strong feelings at the
time, and she agrees with those. They were trying to protect themselves from big box stores. She
will vote against this.
Councilmember Lucarelli also served on the committee and agrees with Mayor Pro-Tern Ashby.
She will vote against this.
Councilmember Chang is undecided because there has been no public input. He would like to hear
how the residents affected by this change feel about it now. He read the report that was provided
to the Planning Commission, and there were several compelling reasons to repeal the overlay
district.
Councilmember Putaansuu said he understands the zoning would not allow for a box store, nor
are there any parcels large enough to accommodate a box store.
Development Director Bond said there was not a map that defined where the regulations applied.
They tried to create a map, but it was mostly along Tremont. There were two vacant parcels zoned
Commercial and the developed gas station with the coffee stand, other than that, it is all zoned
Business Professional, which is very restrictive for the types of uses that are allowed. The Business
Professional zoning would stay in place; the architectural standards would change.
Councilmember Putaansuu is comfortable moving this forward through a public process.
Mayor Pro-Tern Ashby said that last year the City created Centers during the comprehensive plan
process. The next step is sub-area plans. She feels that is the more appropriate place to look at this
particular corridor. The Harrison Hospital development was what started the 1995 plan. She has
no problem making the interim ordinance permanent or continuing it until a sub-area plan can be
developed. She doesn't see the necessity of abolishing the corridor at this time.
The motion passed 4 to 3. Councilmembers Chang, Clauson, and Putaansuu voted yes, and
Councilmembers Childs, Lucarelli, and Mayor Pro-Tern Ashby voted no. Mayor Matthes broke
the tie by voting yes.
Minutes of July 28, 2015
Page 6 of 7
D. Approval of a Contract with Zemek Construction Company, LLC for Construction of Bay Street
Pedestrian Pathway Project Segment No. 4
Staff Report: Assistant City Engineer Archer-Parsons presented the staff report, noting Zemek
Construction, LLC was the lowest responsible bidder at $396,460.50. With this project, the City of
Port Orchard will construct Segment #4 of the overall Bay Street Pedestrian (multi-modal) Pathway
Project, being the bike/pedestrian bridge across Blackjack Creek, using State and local funding.
Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember
Clauson, to authorize the Mayor to execute Contract No. 062-15, with Zemek Construction, LLC in
an amount not to exceed $396,460.50, for the construction of Segment #4 of the Bay Street
Pedestrian Pathway Project.
Councilmember Clauson read into the record a memo from Treasurer Martin describing the fund
that could be used to make up the shortfall of $88,000.
The motion carried.
(CONTRACT NO. 062-15)
E. Approval of a Public Event: City of Port Orchard 125th Anniversary Celebration
Staff Report: City Clerk Rinearson presented the staff report and recommended approval of the
public event application as presented.
Council Consideration: -MOTION: By Councilmember Lucarelli, seconded by Councilmember
Clauson, to approve the public event application from the 125th City of Port Orchard Anniversary
Committee, allowing them to hold their event using City streets, and/or right-of-ways, including
the street closure of Prospect Street, as presented.
The motion carried.
8. COMMITTEE REPORTS
Councilmember Clauson reported the Finance Committee is scheduled for August 25, 5:30pm, at
City Hall.
Mayor Pro-Tern Ashby reported the Economic Development/Tourism and Public Properties
Committees will not meet in August. Their next meeting date is scheduled for September 14,
starting at 8:30am. She also gave a report on the KRCC Retreat that was held earlier in the day.
The next meeting will be the first Tuesday in September (no meeting on August 4).
Minutes of July 28, 2015
Page 7 of 7
Councilmember Putaansuu reported the Utility Committee met July 16 and discussed the Water-
Sewer operating statement Q2 2015; Public Market water and sewer rates; and utility bill
assistance.
Councilmember Lucarelli reported Chimes & Lights Committee will start meeting in September.
She proposed the committee meet Mondays at 3:30pm at City Hall on September 14 and 28,
October 19, and November 16.
Ms. Sharron King reported the 125th Anniversary Committee is close to finalizing everything.
9. MAYOR'S REPORT
Mayor Matthes reported on the Elton Goodwin Memorial Foundation Fundraiser Event; Mustangs
on the Waterfront; and read a letter regarding the South Kitsap Water Reclamation Facility
receiving 2014 Wastewater Treatment Plant Outstanding Performance Award.
10. REPORT OF DEPARTMENT DIRECTORS
No reports were given .
11 . CITIZENS COMMENTS
There were no citizen comments.
12 . EXECUTIVE SESSION
At 8:50 p.m ., Mayor Matthes recessed the meeting for a 5-minute executive session regarding
potential litigation in accordance with RCW 42.30.llO(l)(i). City Attorney Morris and Development
Director Bond were invited to attend and the Mayor announced that no action would be taken
because of the executive session.
At 8:55 p.m., Mayor Matthes reconvened Council back into regular session.
13. ADJOURNMENT
The meeting adjourned at 8:55 p.m. No other action was taken.
\\1111111111,,, ,,''\i-, 0 R C;/111,, V. . ---,,~<:) •••••• '11t.',,
___.__~----'--=-=----------,;.·~·-"-"-''')~OR A:~~~{!~
Brandy Rinearson, CMC, City Clerk ~S:~ c::·~?~Mo~'E~· Mat~, Mayor
-;. I) 0 }-..../-.._~
; \ c..P ........ C.."'J.$'
\ cfl • .~;:,'l'r:::Ma'i:;.'0-. • ·~ ... ::::
;, >,. • <:: v•"c:.'<''-'
I/,' 4 , • • • • • t\. '-;;J ,,,
1111,, £ 0 F \N \\''' ,,,,,, .. ,,11 \\\