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01/26/2021 - Regular - MinutesCity of Port Orchard Council Meeting Minutes Regular Meeting of January 26, 2021 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, HR Manager Lund, Deputy Police Chief Main, City Attorney Archer, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor's Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Minutes of January 26, 2021 Page 2 of 7 4. CONSENT AGENDA A. Approval of Voucher Nos. 81264 through 81331 and 81338 through 81427, including bank drafts in the amount of $1,719,196.63 and EFT's in the amount of $237,866.58 totaling $1,957,063.21. B. Approval of Payroll Check Nos. 81332 through 81337 including bank drafts and EFT's in the amount of $243,196.69; and Direct Deposits in the amount of $178,732.73 totaling $421,929,42. C. Adoption of a Resolution Granting Final Plat Approval for McCormick Village (Resolution No. 009- 21) D. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Resolution No. 010-21) E. Approval of Amendment No. 1 to Contract No. 046-20 with Summit Law Group for Legal Services Related to Labor Negotiations and Relations to Set 2021 Rates Retroactive to January 1, 2021 F. Approval of Amendment No. 4 to Contract No. 023-17 with the Washington State Military Department for the Port Orchard Storage Building MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the consent agenda as published. The motion carried. S. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapters 20.200 and 20.204 Concerning 2018 Building Code and Fire Codes MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance amending Port Orchard Municipal Code Chapters 20.200 and 20.204 to adopt the state updates to the City's building and fire codes. The motion carried. (Ordinance No. 004-21) B. Adoption of a Resolution Approving a Contract with SH&H Valuation and Consulting for Appraisal Service at Parcel #4650-011-001-0001 and Documenting Procurement Procedures Minutes of January 26, 2021 Page 3 of 7 MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt Resolution No. 008-21, authorizing the Mayor to execute Contract No. CO24-21 with SH&H Valuation and Consulting for the 3-Approach Appraisal of the Kitsap Bank Parcel in an amount of $4,500, and documenting the Professional Services procurement procedures. The motion carried. C. Adoption of a Resolution Approving a Contract with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watershed Comprehensive Plan — Phase I and Documenting Procurement Procedures MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt Resolution No. 001-21, thereby approving Contract No. C001-21 with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watersheds Comprehensive Plan — Phase I in the amount of $235,515. The motion carried. D. Adoption of a Resolution Approving an Agreement with the Department of Revenue for Business License Services MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt a Resolution, authorizing the Mayor to enter into the Business Licenses Service Agreement with Department of Revenue. The motion carried. (Resolution No. 011-21 and Contract No. 025-21) E. Approval of Change Order No. 1 to Contract No. 020-20 with GGLO, LLC for the Downtown County Subarea Plan MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve a change order and supplemental services agreement for Contract CO20-20 with GGLO, LLC. The motion carried. F. Approval of Memorandums of Understanding with the Guild Representing Patrol Officers and the Guild Representing Sergeants Regarding Annual Vacation Carryover MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers and a Memorandum of Understanding with the Police Guild representing Sergeants to provide for an increase in the annual vacation cap. Minutes of January 26, 2021 Page 4 of 7 The motion carried. (MOU's to Contracts No. 046-19 and 047-19) G. Approval of the January 12, 2021, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to approve the minutes as published. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) A. Donation Policy for Public Spaces Accessories Mayor Putaansuu explained we receive requests from people downtown wanting to donate memorial benches. We accepted one last summer with the Rotary Club and Councilmember Ashby said in the future, she would like to see a policy. Bainbridge Island has a policy and what is being presented tonight is similar to their policy. It is cost prohibitive and not a good use of our time to procure these 1 or 2 benches here and there. Councilmember Clauson reported he is working with one of the service clubs to purchase a bench that would be donated to the City. He wanted to make sure Council was aware and asked if anyone had any objections. No one voiced their objections. Additional discussion was held regarding the policy, service clubs and benches, maps, Chimes and Lights, art pieces, and Bay Street Pedestrian Path donations. Mayor Putaansuu said he is hoping to have this on an agenda in February for adoption. B. Department of Emergency Management (DEM) Funding Related to COVID-19 Response Mayor Putaansuu explained the Cares Act covered emergency operations, but it ran out. We are hopeful there is another funding package coming, but there is not one yet. The Department of Emergency Management is spending money and the County is covering those expenses. We know that these operational expenses are covered by FEMA at 75%. We currently have a population -based formula for our dues and the County is asking that we apply that population -based formula, which we represent about 6% of the County, for these additional operational expenses. He spoke to best and worst -case scenarios. Additional discussion was held regarding funding capital improvements, existing County interlocal agreement, budget process, and maximum dollar amounts. Minutes of January 26, 2021 Page 5 of 7 Mayor Putaansuu this will be back on the agenda in February. C. Gorst Coalition Memorandum of Understanding Mayor Putaansuu said this organization is still in its formation. The Transit Board agency has agreed to work with them. Overall, the agreement is pretty good, but he has some reservations regarding Section 5 [Fiduciary Responsibilities and Financing of Coalition]. City Attorney Archer said as the section is currently written, it calls for payment by the City of an amount within the range of $20,000 to $450,000. It is written in a way that the City has the option to choose what to pay within that range, and if it deviates from that range, the deviation has to be approved by the co-chair committee. This committee is not a committee the City would be a party to based upon the definitions listed. If Council would like to opt for an amount outside of that range, we can offer an amendment or another edit to this draft, without approval by the co-chair. Additional discussion was held regarding Tiers 1 through 3 [Parties affected by Gorst], sharing costs, more clarification needed on portions of the memorandum, and annual budget. Mayor Putaansuu said he hopes to have this for adoption or more discussion at the next City Council meeting and asked the City Attorney to provide a follow-up of the concerns and budget discussed tonight. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is scheduled to meet February 16th. The Economic Development and Tourism committee is scheduled to meet February 8th. The Utilities Committee is scheduled to meet February 9th. The Land Use Committee is scheduled to meet February 10th Councilmember Ashby reported on the January 26th Transportation Committee meeting. A brief discussion was held regarding City roads and sidewalks. Councilmember Rosapape reported the Lodging Tax Committee will be meeting sometime in March. Councilmember Ashby reported on the PSRC [Puget Sound Regional Council] Transportation Policy Board, and KRCC [Kitsap Regional Coordinating Council]. Mayor Putaansuu reported on the Kitsap Public Health Board and COVID-19, Housing Kitsap and Cares funding, and his attendance at the AWC [Association of Washington Cities] Mayor's Exchange. 10. REPORT OF MAYOR Minutes of January 26, 2021 Page 6 of 7 The Mayor reported on the following: 0 South Kitsap Community Events Center interlocal agreement; • $1.2 million dollar request in the capital budget for the marina pump station; + Kitsap Bank parcel appraisal and Master Plan; and In accordance with Ordinance No. 008-20, 'Delegating Authority to the Mayor for Creation and Modification of Job Descriptions', he reported on minor edits to the job description for the Civil Engineer I position. 11. REPORT OF DEPARTMENT HEADS City Clerk Rinearson reported she is looking into a new platform of Zoom called 'Webinars' and also reported on Laserfiche progress. Mayor Putaansuu provided social media updates. Public Works Director Dorsey thanked Council for allocating $24,000 for the study on the splash pad. Finance Director Crocker reported on an app for the City's utility customers which will allow them to use their phone to manage their accounts and pay their bills. City Attorney Archer reported the Open Public Meetings Act and the Public Records Act proclamations have been extended indefinitely for the life of the emergency. GOOD OF THE ORDER In response to Councilmember Cucciardi, City Attorney Archer noted the City took care of items that were expiring December 31" Councilmember's Rosapepe, Ashby, Clauson, and Lucarelli reported they received their COVID-19 vaccinations. Councilmember Clauson said Kitsap Transit set up an arrangement with Peninsula Community Health Organization and provided them space for a community vaccination site. 12. CITIZEN COMMENTS Greg Wall, Vice President of South Kitsap School supporters, spoke to the school levy election and asked for the City's support. Jeff Dailey, voiced his concerns with the school levy and spoke to education and salaries. Councilmember Clauson explained the Council cannot take a position on this issue unless we have an opportunity for the public to comment for, or against, the levy. Minutes of January 26, 2021 Page 7 of 7 13. EXECUTIVE SESSION At 8:01 p.m. Mayor Putaansuu recessed the meeting for a 20-minute executive session to discuss litigation that has been threatened to which an agency is likely to become a party, pursuant to RCW 42.30.110(1)(i). City Attorney Archer, Attorney Mr. Miller, Attorney Ms. Trivett, Community Development Director Bond, Public Works Director Dorsey, City Clerk Rinearson and Finance Director Crocker were invited to attend, and City Attorney Archer announced no action will follow. At 8:21 p.m., Mayor Putaansuu extended the executive session an additional 10-minutes. At 8:31 p.m., Mayor Putaansuu reconvened the meeting back into session. 14. ADJOURNMENT The meeting adjourned at 8:31 p.m. No other action was taken. Audio/Visual was successful. a dy earson, MMC, City Clerk Robert Putaansuu,