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08/23/2011 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of August 23, 2011 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00p.m. Mayor Pro-Tern John Clauson and Councilmembers Fred Chang, Jerry Childs, Rob Putaansuu, Jim Colebank, Fred Olin, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, City Treasurer Martin, Deputy City Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance State Representative Larry Seaquist led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT The following spoke in opposition of the moratorium regarding medical marijuana collective gardens, Chris Stansberry; Jay Pathoff; George Hawkins; Pete Gardner·; Josh Zetesche; Troy Barber; Rene Ely; Dennis Clarkaio; Louis Schultz; Chris Williams; and Jessica Bigelow. Mary Phelps spoke in favor of the moratorium regarding Medical Marijuana Collective Gardens in the City. The following spoke in favor of the Council repealing Resolution No. 014-11, regarding Code City Conversion: Tim Matthes; Mary Phelps; Ben Pinneo; Robert Geiger; and Kathy Michaels. 3.APPROVALOFAGENDA Councilmember Clauson MOVED and Councilmember Olin seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4.APPROVALOFCONSENTAGENDA A. Approval of Claim Warrants Nos. 56086 through 56151 in the amount of $472,640.83 B. Approval of the August 9, 2011, Council Meeting Minutes C. Adoption of Ordinance No. 015-11, Repealing Ordinance No. 1161, as Codified at Chapter 9-53 of the Port Orchard Municipal Code and Eliminating Detention and Incarceration D. Adoption of Resolution No. 026-11, Declaring Certain Personal Property as Surplus and Authorizing the Disposition Thereof Minutes of August 23, 2011 Page 2 of8 E. Approval of Contract No. 070-11, Authorizing the Mayor to Execute Agreement with South Kitsap School District Regarding School Resource Officer F. Approval of Amendment No. 1 to Contract No. 023-10, with Kitsap County Regarding Incarceration of Prisoners G. Approval to Take No Action Relating to a Verizon Class Action Settlement Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Presentation: Legislative Update Representative Larry Seaquist reported the State's ferry system was ready to approve fare changes to include a reduction in price for shorter vehicles; he would be working with legislators to authorize visibility of ferry system operations, and to support building of new ferries, which the State needs to build a new ferry every 18 months for the next 20 years in order for the fleet to be completely updated. Additionally, Representative Seaquist announced the 520 bridge toll would take effect in November, and to expect an increase in toll costs for the Tacoma Narrows Bridge in the summer of 2012, and the State was able to work out the tolling system delays. Lastly, he reported the State's employment rates had increased significantly and would continue to increase if the voters didn't start advocating for higher education, as he believed higher education would be the State's way out of the deep hole it is in. 6. PUBLIC HEARING No Public Hearings were held. 7· BUSINESS ITEMS A. Emergency Adoption of Ordinance No. 016-11, Establishing a Moratorium on Medical Marijuana Collective Gardens City Attorney Jacoby presented the staff report, noting at the August 16, 2011, Work Study Session, the City Council received a presentation from staff concerning the issue of medical marijuana collective gardens. Collective gardens are allowed under the recently amended state medical marijuana law, Chapter 6g.s1A RCW. Collective gardens are not prohibited under the moratorium relating to medical marijuana dispensaries that the City Council recently renewed. The Ordinance declares an emergency and therefore, if approved, the moratorium on collective gardens would take effect immediately and would remain in effect until February 23, 2012. The law required that a public hearing be held and staff has Minutes of August 23, 2011 Page 3 of8 proposed that the hearing be held at your next regularly scheduled meeting on September 13, 2011. The planning commission would be tasked with establishing a public process for determining whether to amend the City's zoning and land use regulations relating to collective gardens and forwarding their recommendation to the City Council. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 016-11, declaring an emergency, establishing a moratorium on medical marijuana collective gardens for a period of six months, to be in effect while the City drafts, considers, holds hearings, and adopts collective garden zoning regulations, which moratorium will take effect immediately upon adoption, and scheduling a hearing on the maintenance of the moratorium. Councilmember Chang MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. 016-11, declaring an emergency, establishing a moratorium on medical marijuana collective gardens for a period of three months, to be in effect while the City drafts, considers, holds hearings, and adopts collective garden zoning regulations, which moratorium will take effect immediately upon adoption, and scheduling a hearing on the maintenance of the moratorium. Upon vote, the motionfailed with two affirmative votes and five dissenting votes. Councilmembers Colebank, Clauson, Olin, Powers, and Putaansuu cast the five dissenting votes. Upon vote the main motion, passed with five affirmative votes and two dissenting votes. Councilmembers Childs and Chang cast the two dissenting votes. B. Adoption of Ordinance No. 017-11, Repealing Resolution No. 041-10, and Amending Port Orchard Municipal Code Chapter 10.12, to Establishing Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City Public Works Director Dorsey presented the staff report, noting WAC 308.330.270 authorized the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles within the City. Port Orchard Municipal Code (POMC) Section 10.12.080(1) authorizes the City Council to establish parking prohibitions and restrictions on portions of certain specific streets. On June 27, 2005, the City Council adopted Resolution No. 014-05, thereby authorizing the City Council to establish regulations and fees related to parking, stopping or standing in certain areas of the City. On June 22, 2010, the City Council adopted Resolution No. 023-10, thereby modifying parking restrictions along Advantage Avenue and repealing a portion of Resolution No. 014-05. On November 30, 2010, the City Council adopted Resolution 041-10, thereby repealing both Resolution(s) No. 014-05 and 023-10 and reestablishing regulations and fees related to parking, stopping Minutes of August 23, 2011 Page 4 of8 and/or standing in certain areas of the City. The City's Public Works Department inventoried existing signage, researched past sign-related land-use issues and complied corrections, revisions and/or modifications to the current Resolution No. 041-10. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 017-11, repealing Resolution No. 041-10, and amending Chapter 10.12 to establish fees related to Parking, Stopping or Standing in Certain Areas of the City. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to postpone the adopt of Ordinance No. 017-11, repealing Resolution No. 041-10, and amending Chapter 10.12 to establish fees related to Parking, Stopping or Standing in Certain Areas of the City to the September 20, 2011 Work Study Session and for action to be taken at the September 27, 2011 Council meeting. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 027-11, Creating Procedures for Annual Distribution of Hotel/Motel Tax Funding City Clerk Kirkpatrick presented the staff report, noting at the August 16, 2011, Work Study Session, the Council reviewed proposed language for the creation of procedures for the annual distribution of hotel/motel tax funding and directed staff to bring forward a Resolution for review and consideration at this meeting. The consensus at the work study session was to move forward with the adoption of procedures that do not include withholding funds for multi-year special projects and that the City should go through the same application process as other applicants. Councilmember Childs MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 027-11, creating procedures for the annual distribution of hotel/motel lodging tax funding page 2 of 2 to no later than January 31st annually. Upon vote, the motion passed unanimously. D. Approval of Contract No. 071-11, Authorizing the Mayor to Execute an Agreement with Puget Sound Energy regarding the Schedule 74 Underground for Completion of Phase I Bay Street Underground Conversion Public Works Director Dorsey presented the staff report, noting on June 12, 2006, the City of Port Orchard (City) and Puget Sound Energy (PSE) entered into a Project Design Agreement for the Bay Street Underground Conversion Project in accordance with Schedule 74 of the Company's Electric Tariff G. During the completion of the engineering design, cost assessment and operating rights planning phase, it was determined that 1) budget considerations and 2) the lack of recorded easements associated with a downtown Minutes of August 23, 2011 Page 5 of 8 redevelopment plan complicated the projects overall viability. In the Spring/Summer of 2008, as needed to install infrastructure in advance of the SR 166 Repaving Project, a Phase I Underground Project was realized and the installation of conduits, vaults and surface restoration was completed, but the system was never energized. In the fall of 2010, as part of the preparation of the 2011 Budget, a meeting was held between the City and PSE to review all options available to bring closure to the project. It was understood at the time that $45,000 would close-out the Agreement Commitment with PSE and for that amount, terminating the Agreement was a viable option and funding was therefore allocated within the 2011 Budget. In late 2010, the City received an invoice for $86,775 and PSE indicated that the $45,000 was only for Design Change Order No. 6 to the Agreement. In order for the City to participate with PSE in the 6oj 40 Cost Share Program for the project, Phase I needs to be completed. It was discussed and determined at Utility Committee that it is better to allocate additional funds to complete the Phase I activity and qualify for the Cost Share and have an energized system, rather than spend $86,775 on design only. Having recently met with PSE, it has been determined that given a total project costs of $201,748, the net amount payable to PSE for Phase I completion using Cost Share participation is $106,869. (40% @ $80,699 plus $26,170 GE Reimbursable) and PSE's cost share of the Phase I project is $121,049. PSE has agreed to allow the City to expend the 2011 budget allocation of $45,000 as needed to complete Phase I (design modifications, trenching, conduits, backfill, surface restoration and City service reconnection costs), and to make payment in 2011 with whatever is remaining and to allocate final payment within the 2012 Budget. It is estimated that the City will expend approximately $34,500 in the Phase I completion and service reconnection, will make payment of approximately $10,500.00 to PSE in 2011 and will therefore need to allocate approximately $98,500 within the 2012 Budget. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute the revised Schedule 74 Underground Conversion Project Construction Agreement with Puget Sound Energy, therefore committing to a net amount payable to PSE by the City at $106,869.00 for the completion of the Bay Street Underground -Phase I Project. Upon vote, the motion passed unanimously. E. Approval of Contract No. 072-11, Authorizing the Mayor to Execute Agreement for 2011 Stormwater Pond Maintenance Public Works Director Dorsey presented the following staff report, noting on August 1, 2011, the City Public Works Department selected seven (7) contractors from the 2011 Small Works Roster and requested proposals from each company for 2011 Stormwater Pond Maintenance. On August 19, 2011, the City received the following bids including tax: Caseco Associates, Inc. Henderson Partners, LLC No Bid No Bid Kattrax, LLC Pivetta Brothers Construction, Inc. RV Associates, Inc. Sound Excavation Woodland Industries $206,633.22 $64,510.57 No Bid No Bid No Bid Minutes of August 23, 2011 Page 6 of8 Upon review by Staff, it was determined that Pivetta Brothers Construction, Inc. was the lowest qualified bidder to complete the work for the Flower Meadows Subdivision with funds from the 2011 budget. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute a contract with Pivetta Brothers Construction, Inc. in the amount not to exceed $64,510.57 including tax for 2011 Stormwater Pond Maintenance. Upon vote, the motion passed unanimously. F. Discussion: Code City Conversion City Attorney Jacoby stated the City was presented with a Referendum Petition signed by several hundred people, to put the change of City classification to a vote of the people. However, the petitions have not been deemed legally sufficient by Kitsap County and therefore were not in time to be put on the ballot for the general election, meaning this would now require the question to be placed on a Special Election ballot, the next being February 14, 2012. Attorney Jacoby noted the City has two options: 1) they can choose to do nothing and allow this item be put on the February 14, 2012, election at a possible cost to the City of $45,000; or 2) the Council could resend Resolution No. 014-11. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 028-11, repealing Resolution No. 014-11, Code City Conversion. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Olin cast the dissenting vote. 8. COMMITIEE REPORTS Councilmember Putaansuu announced the Utility Committee will be held on September 1, 2011, at 7:30a.m. at MoonDogs to discuss water rate increase. Councilmember Chang reported the two new members of the Lodging Tax Advisory Committee were Dick Berg representing the Vista Motel and Amy Iglio representing Port Orchard Bay Street Association. Councilmember Childs announced the Economic Development Tourism Committee will be held on September 14, 2011, at 5:30 p.m. at City Hall. Minutes of August 23, 2011 Page 7of8 Councilmember Clauson reported that at the recent Finance Committee meeting, the Treasurer presented a report indicating that the August sales receipts came in $13,500 short of what was projected to come in. 9· MAYOR'S REPORT The Mayor Coppola reported on the following: • Spoke at Port Orchard Kiwanis and Port Orchard Rotary; • Met with Mayor Patty Lent, Lobbyist Briahna Taylor, and City Clerk Kirkpatrick, regarding legislative support of changing the Public Facilities District statute; • Held a ceremony regarding the Electric Vehicle charging stations downtown; • Attended the farmers market on Saturday; • Met with a potential employer for the City; • Attended and helped presented awards at the Cruz; • Attended the Economic Development Alliance Executive Committee meeting; • Attended the Kitsap Transit Personnel Committee meeting; • Met with Commissioner Josh Brown regarding a potential issues and how to go about moving the WMCA project forward; • Attended the Port Orchard Chamber luncheon; • Meet with the City Treasurer regarding preliminary 2012 budget numbers; • Met with Tim Kelly, the new Editor at the Port Orchard Independent; • Attended and spoke at the Opening Ceremony of South Kitsap PeeWee's Association; • Met with Councilmember Powers and Mary McClure of Kitsap Regional Coordinating Council regarding securing funding for the Cedar Height's sidewalk project; • Met with a group of individuals interested in increasing the South Kitsap business climate; • Met with the Chief of Police regarding his budget; • Attended the Health District Board meeting; • Attended the Housing Authority Board meeting; • Attended the National Night Out, put on by Officer Wheeler of the City; • Met with Port Commissioner Mahan and Dale King regarding a marine industry business cluster; • Gave a Mayor's award at the Mustang on the Waterfront; • Attended the exit conference with the State Auditor regarding the 2010 budget; • Spoke to the South Kitsap High School summer students; • Presented a 15 year service award to employee Christy Price; and ----•...--Met-with--loeal-bttsiness o'Vmer-and--Mike--Wilsen-ef-West--So-und-Yti-1-it:y-l)isH-iG-t~ regarding keeping that business open. 10. REPORT OF DEPARTMENT DIRECTORS Minutes of August 23, 2011 Page 8 of8 City Clerk Kirkpatrick presented Mayor Coppola with his Advance Certification of Municipal Leadership from the Association of Washington Cities. 11. CITIZENS COMMENTS Brain Petro voiced appreciation to Councilmembers for their service to the community; and voiced his displeasure at the petitioners who filed a Referendum Petition for trying to make the change to a non charter code city into a political issue, noting the City had done a great job of providing the public with sufficient information regarding this matter. He further voiced concerns regarding medical marijuana collective gardens, noting these businesses should be in an industrial area and dispensaries should be located in medical facilities with no signage. Gerry Harmon voiced the need for the citizens to be aware of business being conducted in the City and asked the City to find a better way to publish its public meetings. At 9:47p.m. Mayor Coppola reconvened the meeting after a five-minute recess. 12. EXECUfiVE SESSION At 9:47 p.m. Mayor Coppola recessed the meeting for a 26-minute executive session regarding potential litigation in accordance with RCW 42.3o.no(B). City Attorney Jacoby and Attorney Carol Morris were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 10:13 p.m. Mayor reconvened Council back into regular session. 13. ADJOURNMENT r Coppola adjourned the meeting.