Loading...
01/22/2013 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 22, 2013 1. CALL TO ORDER AND ROLL CALL Mayor Tim Matthes called the meeting to order at 7:00 p.m. Mayor Pro-Tem Fred Chang and Councilmembers Jerry Childs, John Clauson, Rob Putaansuu, Jim Colebank, Carolyn Powers, and Cindy Lucarelli, were present and constituted a quorum. City Clerk Rinearson, Police Chief Townsend, Acting Development Director Bonsell, Public Works Director Dorsey, City Treasurer Martin, Office Assistant II Floyd, and City Attorney Jacoby were also present. A. Pledge of Allegiance Tom Bonsellled the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Joseph Torrisi, a member of the Ridge at McCormick Woods Homeowner's Association Board, voiced concern on behalf of 436 homes in the Ridge at McCormick Woods about the pending closure of the police substation located in the McCormick Woods Golf Course maintenance facility. The substation greatly improves the presence of our police force in the western part of the City. Another benefit of the substation is quicker response times, and gives our police force a centralized operation center. They were informed that a recent budget revision would not have continued to pay for the space utilized for police support; however, they feel the benefits of keeping this substation up and running far outweigh the financial cost. Their homeowner association is prepared to contribute financially to this office space to facilitate maintaining the current level of police presence in their area. Mayor Matthes explained he has received ten emails regarding this subject, and mentioned he was not part of the annexation process at that time. He was not aware of promises made to keep the substation open, and had emailed the Councilmembers asking if they were aware there was a promise made, but has not received any responses. He would like to delve into this a little bit more. He also mentioned that Mr. Shawn Cucciardi has offered to donate this space, but he would need to run that by the Council and the City Attorney to make sure this is the right thing for the City to do. City Attorney Jacoby mentioned there is a written lease agreement that the City and Mr. Cucciardi entered into several years ago that addresses the issues of rent, liability, insurance, and space. If the proposal is to keep that lease in effect, except there would be no rent, the liability issues are spelled out in the lease. The City may certainly accept a gift, whether it is real property or lease holdings. Councilmember Clauson MOVED and Councilmember Childs seconded the motion to have the City move forward with the modifications of the lease to whatever is necessary to reopen the substation. Councilmember Childs stated it is hard to know how these things get through the cracks, and sometimes we add and sometimes we subtract from the budget, and he was not aware of the Minutes of January 22, 2013 Page 2 of12 substation getting subtracted. He is very much in favor of having a police substation in McCormick Woods. Point of Order was called by citizen, Gil Michael. Mayor Matthes said the member will state his order. Gil Michael explained this is a business action and should be placed in the business section of the agenda, not addressed under Citizens Comments. In response to Gil Michael, City Attorney Jacoby agreed if we are strictly following Robert's Rules of Order, then moving this item to regular business item is traditionally how this would be handled. Councilm.ember Clauson MOVED and Councilmember Lucarelli seconded the motion to table this discussion and move it to Business Item 7A. Upon vote, the motion passed unanimously. William M. Palmer is representing some of the business people in downtown Port Orchard. He has a petition signed by 16 business owners to allow residential development in commercial zoned areas. The petition asks the Council to initiate a zoning ordinance amendment to provide for residential uses to be included in the City's commercial zone. Specifically the amendment would be to add multi-family residential as a permitted use in the commercial zone found in Table 6, Section 16.30.080 of Chapter 16.30, 'General Land Use Requirements.' In response to Councilmember Lucarelli, Mr. Palmer said the area west of Tweten's Lighthouse, east up Mile Hill Drive and the Bethel Corridor are the areas he is addressing. In response to Councilmember Childs, Acting Development Director Bonsell stated currently a commercial property can have a mixed used type of operation with some commercial and some multi-family component, which can be done now in all commercial zones with a conditional use permit. This is at a density of R-20 (20 dwelling units per acre). In response, Mr. Palmer mentioned when he looked at the use table, it did not indicate that was true. Mayor Matthes informed Mr. Palmer staff will do some research and get back to him. Dick Davis would like to emphasize the substation was one of the three major issues that was under discussion when annexation was being discussed. It was agreed this was something that needed to be done on the west side of the City, along with a few other issues for residents of McCormick Woods. They were stunned that after 4 years of existence, it dropped off the radar screen. They are pleased to see the Council is taking this up again and would strongly recommend bringing back the substation. Mayor Matthes noted he would like to speak to Mr. Davis after the meeting when they both have time. Minutes of January 22,2013 Page3 of12 Darryl Baldwin presented a picture to the Mayor and City Council, made on behalf of the Port Orchard Bay Street Association and young citizens of Port Orchard, created during the 2012 Taste of Port Orchard. The picture was framed by Custom Picture Framing and paid for by Moondogs. Shawn Cucciardi is the landlord of the substation lease which was terminated. He wanted to make it clear with any level of government the largest priorities are public safety. They were shocked by the news that the substation went away. This has nothing to do with previous promises made from annexations; there really is something larger here. He believes this issue could have been handled differently as this is not just important to McCormick Woods, but the entire City. He would have liked to receive some comments as to the reason why the substation was removed, and also what this means for the general public safety of our community. This is not about the $150 a month. He asked the Council why this was singled out of the budget. In response, Mayor Matthes explained the budget process starts about October 1 when he brings forth a balanced budget. In that process, part of it is talking to each department head. This budget included the substation to be removed, along with other line items, as we had to come in constraints with our income. He further explained this was not a good year; there were lots of things that were removed from the budget. Once he brings the budget forward, the next process is the Council looks and makes changes they would like to incorporate. At that point in time, there was an opportunity for the Council to add it back in. The Council had to make additional cuts. When he started getting emails about seven days ago regarding promises made, this was the first he had heard anything about promises. Mayor Matthes explained this is about the budget process, which included several public hearings. No one made public comments at any of the public hearings. Both the Council and Police Chief did not choose to add it back into the budget, or direct it be added back in the budget. He is working on trying to get this back in the budget. In response, Shawn Cucciardi would ask when moving forward with issues of public safety he would like to sit down and prioritize the level of services that the government can give and to have more open dialogue. 3· APPROVALOFAGENDA Councilmember Powers MOVED and Councilmember Colebank seconded the motion approving the Agenda, as amended. Upon vote, the motion passed unanimously. 4· APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrant Nos. 58830 through 59030 totaling $611,151.60; and the Treasurer's check book in the amount of $2,381,410.97 B. Approval of January 8, 2013, Council Meeting Minutes C. Adoption of Ordinance No. 001-13, Amending POMC Chapter 10.76 "Parking Violations" D. Approval of Contract No. 024-13, Authorizing the Mayor to Execute a Contract with The Doctor's Clinic for CDL/DOT Exams and Certificates E. Approval of Amendment No. 2 to Contract No. o66-1o, Ratifying the Mayor's Signature to Accept WA Department of Commerce Grant Extension for the Transfer Development Rights (TDR) Program Minutes of January 22, 2013 Page4of12 Councilmember Clauson MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5· PRESENTATION A. Proclamation -"Ready, Set, Go! 5210 Kitsap" Obesity Prevention Day Mayor Matthes read the "Ready, Set, Go! 5210 Kitsap" Obesity Prevention Day proclamation into the record and presented the proclamation to Yolanda Fong, who thanked the Council for their support. Ms. Fong briefly talked about the history of "Ready, Set, Go! 5210 Kitsap", mentioning on January 29, 2013, they will be having a kickoff to celebrate the work done with multiple organizations and everyone is welcome to attend. B. 95% DeKalb Pier Design John Keiser, PND Engineers, provided a brief presentation on the DeKalb Pier Improvements Project, which included: • Existing Issues • DNR Environmental Concerns • Phasing Scheme Improvements • Phasing Scheme Environmental Improvements • Street Frontage Improvements • Permit Status -Permit Conditions and Mitigation Requirements • Project Schedule • Project Budget • Finished Approach In response to Councilmember Childs, Mr. Keiser agreed the catwalk is narrower than the existing catwalk, which will minimize the overwater shading and it is an elevated pier. Public Works Director Dorsey explained the primary function of the funding was to keep floats from grounding. The floats will not have any overnight transient moorage power, as this is more for daytime boater use. The received funding was able to design, permit both Phase 1 and Phase 2, and construct Phase 1. The funding for Phase 2 will be the actual end water work. We will be utilizing the existing floats and gangway until we can build Phase 2. Public Works Director Dorsey mentioned they will be posting a Request for Proposal advertisement in the Port Orchard Independent for both the DeKalb Pier and the Bay Street Segment No. 5 projects on Friday, as well as posting to the Builder's Exchange on Monday, January 8, 2013. 6. PUBLIC HEARING A. Transfer of Development Rights (TDR) Program Acting Development Director Bonsell explained in 2011, the Planning Department applied for and received a grant in the amount of $97,000. A Transfer of Development Rights program (TDR) was Minutes of January 22, 2013 Page 5 of 12 developed in conjunction with Kitsap County. Former Development Director Weaver assigned the TDR project to Associate Planner Stephanie Andrews. Associate Planner Andrews explained the basic premise of the program is sending sites would be designated in rural, agricultural, or forest lands and those landowners could sell the development rights of their property. Developers in more dense urban areas can then use those credits to apply towards their development plans. In the City of Port Orchard, the Downtown Overlay District (DOD) was looked at for receiving sites, as this would help developers in a limited area. This would give developers one more option to work within their site constraints and get their project moving. She further explained in the DOD it would require a conditional use permit, which would also have a public hearing and a decision by the hearing examiner. There are four options proposed in the program which include; a credit can be used for an additional residential unit; a credit could be used for an exemption of one parking space in the DOD; one credit could be used for one additional foot of height; and lastly one credit could be used instead of the thirteen amenities in the DOD. Any TDR proposal would have to meet with City Code as it is written now. Mayor Matthes opened the public hearing at 7:57p.m. Heather Ballash with the WA State Department of Commerce Growth Management Services, thanked the Council and Mayor for considering a TDR program with Kitsap County, and gave a brief history of the program. She mentioned several cities have already adopted their TDR programs. The Planning Commission recommended the City adopt the TDR program, with a recommendation to change the ability to use a TDR credit to buy one floor, instead of one foot. Ms. Ballash also noted the City has the ability to decide where these options come from. In response to Councilmember Chang, Ms. Ballash said the TDR credit amount depends on the conversion quantity and what the developer wants for his money. In response to Councilmember Colebank, Ms. Ballash responded the overall goal is to conserve working farm and forest land. Councilmember Lucarelli noted the Downtown Overly District (DOD) is three or four blocks and the Council worked on the DOD regulations for years; and to sell the rights for this tiny area, does not make a lot of sense. Ms. Ballash responded by saying it was the City's decision to work within the DOD area. In response to Councilmember Chang, Ms. Ballash said once the grant ends at the end of next month, there is nothing preventing the City from pursuing changing the receiving area. Acting Development Director Bonsell explained he talked to former Development Director Weaver about why he picked the DOD area and it was because planning tries to have a standard around the TOD (Transit-Oriented Development), and because of the bus and ferries, he thought this would be a better place. Minutes of January 22,2013 Page6 of12 Councilmember Clauson expressed his concern is a developer can come in and use these credits to eliminate the additional parking for these projects and then the City suffers because of the cars that are arriving have no where to park. He thinks this is a good opportunity for further review. Councilmember Childs noted he does not think this is for Port Orchard, stating is seems like someone is trying to lock up rural areas in perpetuity at the expense of urban areas, in our case, the DOD, through the elimination of amenities taking out safeguards the Council actually put into place. City Attorney Jacoby reminded the Council the rural property owner has all the power and this is an optional program for developers to use for developing. William Palmer, a land use planning consultant for 40 years and the President of the Kitsap Alliance Property Owners Organization, spoke against the draft TDR program, mentioning several flaws including issues with the receiving and sending areas, and parking spaces in the downtown area. Mr. Gustavson, voiced his concern with the TDR program, noting builders have to pay for their TDR credits which goes into the cost of his product and advised that people are very protective of their views in the downtown area. It would also add to parking problems in the downtown area. Gerry Harmon sees this as a way for people who do not live in our community to come in and ruin our community and we are left with the cost of fixing it; leaving someone else with the benefits. Loretta Jacobs, owner of Jacobs Treasures, spoke against the TDR program, stating we are thinking only of the present, we need to think of the future generations, and not rob them of the opportunity to own their own land. Mayor Matthes closed the public hearing at 8:40 p.m. B. The Pros and Cons of the Proposed Kitsap County Mental Health Funding Proposal City Clerk Rinearson presented the staff report, noting the elected Kitsap County Board of Commissioners will be considering the proposal to enact a one-tenth of one percent sales and use tax to provide funds for provision of mental health treatment and/ or chemical dependence treatment programs and services, and for the operation of delivery of therapeutic court programs and services. A copy of the 2005 legislation, which -enables the county legislative authority to authorize, fix, and impose the tax, has been provided to you. This Public Hearing provides an opportunity for the public to voice their opinion about the proposed tax increase and gives Council an opportunity to decide whether to publicly support or oppose the Commissioners enacting this tax. Mayor Matthes opened the Public Hearing at 8: 41 p.m .. Joe Roszak, Executive Director for Kitsap Mental Health, asked for Council's endorsement and support of this initiative, stating this legislative action came forth in 2005 and is a sales tax Minutes of January 22, 2013 Pagezofl2 specifically targeting funding for mental health and to provide services for chemically dependent citizens. This tax has the potential to bring great benefits to our County. This money is raised in Kitsap County, will stay in Kitsap County, and is spent on Kitsap County residents. This may also reduce the use of jails, hospital rooms, and hospitalization which are the three most expensive alternatives for mental health and chemical treatments. In response to Councilmember Colebank, Mr. Roszak stated the City of Bremerton has already endorsed this and he will be speaking tomorrow to the City of Bainbridge Island. In addition, mentioned there are 19 other organizations in Kit~ap County who have endorsed this tax proposal. Councilmember Powers voiced her support to pass a resolution endorsing the tax initiative with the County, as it is critical to have additional funding sources. Mr. Roszak reported a recent survey concluded, 57% of the adult population who qualify for their services also have an addiction issue. In response to Councilmember Chang, Mr. Roszak replied 20 other counties have this tax already in place; 19 counties had the initiative voted in by the County Commissioners; and 1 county took it to a vote of the people. James Doctor, a Bremerton Municipal Judge, spoke in favor of the initiative, mentioning many crimes are being committed by the mentally ill and chemically dependent. His experience is if they are sent to jail they come out the same way, and nothing has been resolved. It makes more sense to provide services to try and steer these people away from their addictions and get the help and/ or medication they need. He further explained, services have been cut in this area for mental health and social services. Susan Daniel is a member of League of Women Voters, who do research on positions of issues with their members, and on this issue. They are fully supportive. This was a 2 lf2 year study of health care in Kitsap County. As a result, they found many inadequacies. Their organization would like to make sure this is a transparent process and asks for the Council's support. Councilmember Powers voiced her concern in that she has not seen the actual document from Kitsap County regarding this initiative. Joe Roszak responded by stating the County Commissioners will be holding a work study session on January 28, 2013, from 2:30 p.m. to 4:30 p.m., and they plan to present the initiative, as well as testimony to the Commissioners. They will also present a resolution at that meeting. In response to Councilmember Clauson, Mr. Roszak agreed this tax is a limited by law and cannot be used for other purposes. It will go towards services of mental illness, chemical dependency, and housing for mentally ill and chemical dependency, and therapeutic court programs and services. Craig Perry shared his personal experience in that about a year ago, he was an inpatient of the Kitsap Recovery Center. The center helped him gain the tools to rejoin society. After he left, he was able to put his life back together and now mentors people at the Recovery Center. Minutes of January 22, 2013 Page 8 of12 Justin Turner encourages the increase of taxes, noting for the first time in his life he is a full-time student and an active member of society because of what KCR and drug court offers to him and others. Wendy Kalmar has participated in the Kitsap County Drug Court program and was an inpatient at the Kitsap Recovery Center, which saved her life and she is very thankful for. Without the programs she wouldn't be able to participate as a volunteer, a mentor, or be a full-time student. Timothy Wilcott voiced support of drug treatments and courts, stating he has been clean and sober since being in the program and we need to continue these programs to help prevent crimes. Janet Anderson stated treatment centers helped save her life. She is currently in Drug Court to get help with her addictions. She supports the initiative. Evangeline is a participant of the Kitsap County Drug Court. She further explained she has cleaned up her life and has a good relationship with her family and urges the Council to keep KCR open. Police Chief Townsend responded by stating he sees a significant amount of chemically ill people who commit crimes; drug court graduation is a very moving experience and urges Council to attend one; thanked Mr. Roszak and other agencies for doing a great job; and he plans on attending the work study session with the County Commissioners to voice his support of the initiative. Gil Michael mentioned he has a family member in federal prison for chemical dependency and supports the tax initiative. A concern is the actual use of the money has not been laid out. He believes this should go before the voters on the November ballot so everyone is fully informed of the ballot measure. He urges the Council to pass a resolution asking the Commissioners to refer this to the ballot; allowing the people to vote on the actual plan being presented and showing how new revenue will be spent. Betsy Kencker is a drug and alcohol counselor in Kitsap County and is a recovering drug addict. She urges the Council to push forward with this initiative to help others become a productive . member of society as she is now. Mayor Matthes closed the public hearing at 9:44 p.m. After a 10 minute break, Mayor Matthes reconvened the meeting at g:ss p.m. Councilmember Putaansuu MOVED and Councilmember Clauson seconded the motion to extend the Council meeting to no later than 10:30 p.m. Upon vote, the motion passed unanimously. 7· BUSINESS ITEMS A. Lease of the Police substation Councilmember Clauson MOVED and Councilmember Childs seconded the motion to have staff review the current lease to ensure the City can continue to lease the space Minutes of January 22, 2013 Page 9 of12 at the same terms set in the original lease. Upon vote, the motion passed unanimously. Council member Putaansuu expressed his disappointment that he, other Councilmembers, and the Mayor did not catch this item being cut from the budget. City Attorney Jacoby stated that the direction is for staff to work out the relationship with Mr. Shawn Cucciardi and make sure we have a lease in place. Should the current lease not be active, the item will be brought before Council for further action. Councilmember Powers noted she received emails regarding the police substation, but was not aware it had been taken out in or out of the budget. She also does not remember the pledge to put the substation at McCormick Woods and apologizes for that. B. Adopting of Ordinance No. 002-13, Amending POMC Title 9 to Add a New Chapter 9·57 "No Marijuana Use in Public" City Attorney Jacoby presented the staff report, noting in 2012, the citizens of Washington approved Initiative 502 relating to marijuana. As a result, effective December 6, 2012, persons 21 years of age or older are allowed possessing any combination of the following: up to 1 ounce of useable marijuana, 16 ounces of marijuana-infused product in solid form, or 72 ounces of marijuana-infused product in liquid form. However, Initiative 502 also provides it shall be unlawful to open a package of or consume in public view marijuana, useable marijuana or marijuana-infused products. · Proposed Ordinance No. 002-13, amends Port Orchard Municipal Code by adding a new Chapter 9·57 "No Marijuana Use in Public" and, consistent with Initiative 502, establishes opening a package of or consuming in public view marijuana, useable marijuana or marijuana-infused products is a civil infraction. Adopting this Code amendment enables the City to charge and prosecute violators in Port Orchard Municipal Court. Councilmember Childs MOVED and Councilmember Lucarelli seconded the motion to adopt Ordinance No. 002-13, amending Title 9 of the Port Orchard Municipal Code by adding a new chapter 9·57 "No Marijuana Use in Public". Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 001-13, Supporting the Kitsap County Mental Health Funding Proposal City Clerk Rinearson presented the staff report, noting earlier this evening the Council held a Public Hearing to receive public testimony on the proposed tax initiative the Kitsap County Board of Commissioners is considering enacting. If the Council is in support of the tax initiative being considered by the Commissioners, a Resolution supporting the Kitsap Mental Health Funding Proposal for their consideration should be adopted. Councilmember Clauson commented that a large percentage of problems which occur on the busses or at transit centers seem to be people struggling with chemical dependency or mental health Minutes of January 22, 2013 Page 10 of 12 issues. He does not believe the best way to handle this is to take these people to jail. He thinks having this type of funding support could certainly help this community deal with these issues. Councilmember Powers mentioned she served on the Board of Directors at Kitsap Mental Health Services, stating people who take care of the mentally ill are the heroes of our society. The least we could do is support extra funding for the county. Councilmember Putaansuu added there is a tremendous need in our community, and it is our role to speak in support of this and whatever action the eounty Commissioners decide to do. Councilmember Lucarelli explained she is in support, but she cannot support the process. She does not support a tax increase that does not go before the voters. This is a worthy cause, and asks why this is not already funded. Councilmember Colebank stated he has voted against raising taxes for anyone, and he would prefer this goes before the voters. He hopes there will be a transparent accounting of the funds and would like assurance from the Commissioners on how the money will be spent. Councilmember Chang would like to thank the· people who testified, mentioning that most are generally in support of this. He stated Mason County has already supported this. Councilmember Childs said he grew up in an occupation where he helped the mentally ill. He cannot accept the vote of Spokane Valley reflecting the will of the voters of Kitsap County. He would like this to be on the November ballot, as it is a financial matter. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 001-13, supporting Kitsap Health Mental Funding Proposal being considered by the Kitsap County Board of Commissioners. Upon vote, the motion passed with 5 affirmative votes. Councilmember Childs and Lucarelli cast the dissenting votes. D. Approval Contract No. 025-13, Authorizing the Mayor to Execute an Agreement with North Woods Productions for Video Services of the Festival of Chimes and Lights Event City Clerk Rinearson presented the staff report noting Councilmember Lucarelli of the Economic Development/Tourism Committee met with North Woods Productions to create a video of the Festival of Chimes and Lights event. The video would be up to two minutes featuring the festivities of Chimes and Lights. The package would include two DVD copies and posting to the internet. The amount for those services is $1,080.57· The video could be used as a marketing tool for future promotion of the event. The video could be a great way to engage future partnerships with local organizations, to promote local tourism, and increase the attendance of the event. The video will be used in marketing efforts by the City Economic Development/Tourism Committee. In response to Councilmember Clauson, City Clerk Rinearson replied this is coming out of the 2012 Festival of Chimes and Lights budget. This was in the last claim warrants for 2012. Minutes of January 22, 2013 Page 11 of12 Councilmember Childs said we are creating something that will take us forward through a number of years and it will reflect well on our town. Councilmember Lucarelli noted the nature of Chimes and Lights is it falls at the end of the year. They were given a good deal and there was still money remaining in the budget to be able to move forward with this. This can be used to promote the City and is a piece the City will be proud of. Councilmember Chang questions if the festival is at the beginning of the month, why did they wait a couple weeks before bringing forth an invoice. Councilmember Clauson stated Kitsap Transit has used North Woods Productions before and they do a professional, high quality job. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to approve Contract No. 025-13, authorizing the Mayor to execute an agreement with North Woods Productions for video services for the Festival of Chimes and Lights event in an amount not to exceed $1,080.57 Upon vote, the motion passed unanimously. D. Approval of Contract No. 026-13, Authorizing the Mayor to Execute a Contract with the Department of Corrections Regarding Use of Fire Range Chief Townsend presented the staff report noting, the firearms range contract is with the Washington Department of Corrections. We currently have contracts with the City of Gig Harbor Police Department, Kitsap County Sheriff, and Washington State Patrol. The use by other agencies is fairly limited and does not impact our ability to use the range. In response to Councilmember Powers, Chief Townsend said that this cannot be subcontracted out. There is a set of safety rules in the lease, but there have been no problems so far. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to authorize the Mayor execute Contract No. 026-13, with the Washington State Deparbnent of Corrections regarding use of a firearms range. Upon vote, the motion passed unanimously. E. Approval of Contract No. 027-13, Authorizing the Mayor to Execute and Interlocal Agreement with the Port of Bremerton Regarding the Seattle Avenue Right-of-Way Lease City attorney Jacoby presented the staff report noting, the area that is the subject of this lease agreement with the Port of Bremerton is the Seattle Avenue right-of-way located north of Bay Street and ending at the waterfront. The Port owns the real property on either side of the right-of- way. The Port is in the process of expanding Marina Park and as part of the improvements desires to construct a public access platform within the Seattle Avenue right-of-way. The purpose of this lease agreement is to define the terms of the parties' rights and obligations with respect to the right-of-way area. The lease is for a 15 year term with an option for a 10 year extension. The annual rent is $1 in recognition of the fact that the Port is paying all of the costs of permitting and Minutes of January 22,2013 Page 12 of12 constructing a public viewing platform at the waterfront end of the right-of-way. The Port's use and improvement of the right-of-way will not interfere with the City's pedestrian pathway, which is to be located within a portion of the same right-of-way. Councilmember Chang MOVED and Councilmember Powers seconded the motion to approve Contract No. 027-13, with the Port of Bremerton regarding the Seattle Avenue right-of-way lease. Upon vote, the motion passed unanimously. F. Approval of Contract No.-028-13, Authorizing the Mayor to Execute a Contract with McGavick Graves, P .S. for Legal Services City Attorney Jacoby presented the staff report, noting the current contract for legal services between the City and McGavick Graves will expire on January 31, 2013. The City proposes to enter into a 3 year contract at an hourly rate of $170 for all legal services billed to the City. McGavick Graves has agreed to these terms. Councilmember Clauson stated he read through the agreement and paragraph 6(b) on page 3 titled "Special Projects and Other Hourly Rates" should include the word "Council". Councilmember Colebank MOVED and Councilmember Lucarelli seconded the motion to approve Contract No. 028-13, for legal services between the City of Port Orchard and McGavick Graves, P .S. and authorize the Mayor to execute the same. Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion to amend Contract No. 028-13, for legal services between the City of Port Orchard and McGavick Graves, P .S. by adjusting the last sentence on paragraph 6B to read 'Special projects are defined as projects that do not occur in the regular course of the routine City business and require expertise in a specified area of law and for which the Mayor and Council has given written pennission to proceed. Upon vote, the motion passed unanimously. Upon vote, the main motion, passed unanimously. I 8. ADJOURNMENT Councilmember Childs MOVED and Councilmember Powers seconded the motion to adjourn the meeting. Upon vote, the motion passed unanimously At 10:33 p.m. Mayor Matthes adjourned the meeting. ~ ~ A ....... ~T"O~ ~~t'l4!~ Brandy Rinearson, CMC, City Clerk ....... ~ ~-q~ a· A~ f.~!)imothy c. Matthes, Mayor ~~ ··o~ ,..Jlot..,..,. i~o..... u '()•. --·~ !(.):-sEAL ~ : • o• i • . !:') .•• .. •c.fl -·,..,.-.-; \U'·~ ..... ~ ~,~·.:>-~~11!~ ,.. .. ,,-;-7,. •• !Will ••• . ,, , ./:' ..... ,,,~.. , '«·,... ..........