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01/09/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda January 9, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record ) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks, Payroll, and Electronic Payments-December and January B. Approval of Change Order No. 1-2018 to Contract No. 004-13 with Pacific Air Control for HVAC System Repairs (Dorsey) Page 3 C. Approval of Grant Agreement with the Department of Ecology for FY2017-19 Stormwater Capacity Activities (Dorsey) Page 9 D. Approval of the December 12, 2017, Council Meeting Minutes Page 33 5. PRESENTATION 6. PUBLIC HEARING A. Public Hearing on the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) Adoption (Dorsey) Page 37 7. BUSINESS ITEMS A. Appointment of Mayor Pro-Tempore (Rinearson) Page 59 B. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.08 (“Appointive Officers”) (Cates) Page 61 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.64 (“Code Enforcement Officer”) (Cates) Page 81 D. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.76 (“Hearing Examiner”) (Cates) Page 87 E. Adoption of a Resolution Adopting the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) Final Draft (Dorsey) Page 93 F. Adoption of a Resolution Approving a Contract with Active Construction, Inc. for the Tremont Street Private Utility Conversion Project and Documenting Procurement (Dorsey) Page 97 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: Economic Development/Tourism Staff: Development Director Finance Committee KRCC/PSRC TransPol/PRTPO KRCC TransPol Shawn Cucciardi (Mayor Pro-Tempore) Finance Committee Land Use Committee Fred Chang Chair: Lodging Tax Advisory Committee Staff: City Clerk Utilities & Sewer Advisory (SAC) Committee Economic Development/Tourism Jay Rosapepe Economic Development/Tourism Festival of Chimes and Lights KRCC-alt/KRCC TransPol-alt John Clauson Chair: Finance Committee Staff: City Treasurer Land Use Committee Kitsap Public Health District-alt Cindy Lucarelli Chair: Utilities Committee Staff: Public Works Director Chair: Chimes and Lights Staff: City Clerk Chair: Sewer Advisory Committee Staff: Public Works KEDA/KADA Scott Diener Chair: Land Use Committee Staff: Development Director Utilities & Sewer Advisory (SAC) Committee KEDA/KADA-alt PSRC Growth Management-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Public Works Director City Engineer Debbie Hunt Court Administrator Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Cler k’s office should you need special accommodations. January 9, 2018, Meeting Agenda Page 2 of 2 G. Adoption of a Resolution Authorizing Investment of City of Port Orchard Monies in the Local Government Investment Pool (Crocker) Page 117 H. Adoption of a Resolution Approving a Contract with Art Anderson Associates for the 2018 KRL Mechanical Engineer HVAC Design and Documenting Procurement (Dorsey) Page 123 I. Approval of December 13, 2017, Holiday Light Tour Meeting Minutes Page 141 J. Approval of the December 19, 2017, Council Meeting Minutes Page 143 K. Discussion: McCormick Woods Water Sewer Agreement (Taraday) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110(2)(a)(ii), the City Council will hold an executive session regarding potential litigation. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance TBD, 2018; 5:00pm City Hall Economic Development and Tourism TBD 2018; 9:00am City Hall Utilities January 22, 2018; 9:30am City Hall Sewer Advisory January 17, 2018; 6:30pm City Hall Land Use January 17, 2018; 7:30am DCD* Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights January 22, 2018; 3:30pm City Hall Work Study Session January 16, 2018; 7:00pm City Hall *DCD, Department of Community Development, 720 Prospect Street , Port Orchard City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4B Meeting Date: January 9, 2018 Subject: Approval of Change Order No. 1 - 2018 to Prepared by: Mark Dorsey, P.E. Contract No. 004-13 with Pacific Air Control Public Works Director For HVAC System Repairs Atty Routing No.: NA Atty Review Date: NA Summary: On December 11th 2012, the City entered into contract with Pacific Air Control for HVAC Preventive Maintenance. Pacific Air Control has identified various issues with the system that need to be resolved for the system to function properly. A change order of $11,062.41 (tax included) is needed. On April 25th 2017 the City approved Resolution 019-17 which adopted City Procurement Policies and Procedures. Section 7, titled Change Orders, outlines who may authorize change orders to contracts based on the Council approved contract amount or on the legally budgeted item. As this change order is over 10% of the contract and budgeted amount, council approval is needed. Recommendation: Staff recommends that the City Council approve Change Order No. 1-2018 to Contract No. C004-13 with Pacific Air Control Inc. in the amount of $11,062.41 for the HVAC repairs. Relationship to Comprehensive Plan: None. Motion for Consideration: I move to approve Change Order No. 1-2018 to Contract No. C004-13 with Pacific Air Control Inc. in the amount of $11,062.41 for the HVAC repairs. Fiscal Impact: $18,000 was allocated within the approved 2018 Budget (001.5.518.30.48). A budget amendment may be required. Alternatives: None. Attachments: Change Order No. 1-2018. Page 3 of 146 This Page Intentionally Left Blank Page 4 of 146 Page 5 of 146 Page 6 of 146 Page 7 of 146 This Page Intentionally Left Blank Page 8 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: January 9, 2018 Subject: Approval of Grant Agreement with the Prepared by: Mark R. Dorsey, P.E. Department of Ecology for FY2017-19 Public Works Director Stormwater Capacity Activities Atty Routing No: NA Atty Review Date: NA Summary: The City has been offered a grant agreement with the Washington State Department of Ecology (Ecology) under Ecology’s FY2017-19 Municipal Stormwater Capacity Grants Program for $50,000.00. Under this agreement the City will receive $50,000.00 of grant funding with no City match required to perform permit related activities such as refining stormwater utilities, updating code sections pertaining to stormwater, or public education and outreach. Staff anticipates using this to fund Stormwater Program activities in the 2017-2019 biennium. Recommendation: Staff recommends the Council authorize the Mayor and Stormwater Program Manager to sign the FY2017-19 Stormwater Capacity Grant Agreement WQSWCAP-1719-PoOrPW-00061 with the Department of Ecology for $50,000.00. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor and Assistant City Engineer to sign the FY2017- 19 Stormwater Capacity Grant Agreement WQSWCAP-1719-PoOrPW-00061 with the Department of Ecology for $50,000. Fiscal Impact: None. Funding is 100% grant funding, no match required. Alternatives: Council has the option to refuse to enter into the grant agreement. However, that is not Staff’s recommendation since this funding does not require any match money. Attachments: 2017-19 Municipal Stormwater Capacity Grant Program Agreement Page 9 of 146 This Page Intentionally Left Blank Page 10 of 146 Page 11 of 146 Page 12 of 146 Page 13 of 146 Page 14 of 146 Page 15 of 146 Page 16 of 146 Page 17 of 146 Page 18 of 146 Page 19 of 146 Page 20 of 146 Page 21 of 146 Page 22 of 146 Page 23 of 146 Page 24 of 146 Page 25 of 146 Page 26 of 146 Page 27 of 146 Page 28 of 146 Page 29 of 146 Page 30 of 146 Page 31 of 146 This Page Intentionally Left Blank Page 32 of 146 City of Port Orchard Council Meeting Minutes Regular Meeting of December 12, 2017 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: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Diener Present Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tem Cucciardi Present Mayor Putaansuu Present Staff present: Community Development Director Bond, City Attorney Cates, Police Chief Marti, City Clerk Rinearson, and Office Assistant Whisenant were also present. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi seconded by Councilmember Diener, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS Seward Stevens requested that a sidewalk to be added on Mitchell from South Kitsap High School to St. Gabriel Roman Catholic Church. Also, asked for assistance with the High School Swimming Pool. Gerry Harmon requested that the open boards and commissions appointments be announced to the public individuals for potential application. Page 33 of 146 4. CONSENT AGENDA A. Approval of Check Nos. 73190 through 73309 totaling $454,567.19; November Electronic Payment Dates 11/1/2017 through 11/31/2017 totaling $235,770.76 and Bi-Weekly Payroll including Check Nos. 147787 through 147795 totaling $297,179.49. B. Approval of the November 21, 2017, Council Work Study Session Minutes MOTION: By Councilmember Diener seconded by Councilmember Lucarelli, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. Gordon Thomas Honeywell-GA Legislative Agenda Update City Lobbyist Briahna Murray provided a report to the Council on expectations in the 2018 Legislative Session, briefly discussed the City’s legislative priorities, and reviewed the proposed legislative agenda. Discussion was had on Hurst, the capital budget, and their impacts to City’s projects. Legislative priorities of the City were discussed; corridor studies with emphasis on funding needs, West Sound Alliance with revaluation of transportation needs, align GMA comprehensive plan update, engaging in All Washington Cities (AWC) on City’s behalf, and other additional issues that unveil during session. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of a Resolution Adopting the 2018 Legislative Agenda MOTION: By Councilmember Donlin, seconded by Councilmember Chang, to adopt a resolution approving the 2018 Legislative agenda, as presented. The motion carried. (Resolution No. 062-17) B. Adoption of an Ordinance Adopting a New Chapter of the Port Orchard Municipal code 3.90 (“Donation Acceptance”) Page 34 of 146 MOTION: By Councilmember Diener, seconded by Councilmember Donlin, to adopt an ordinance adopting a new chapter of the Port Orchard Municipal Code 3.90 (“Donation Acceptance”) as presented. The motion carried. (Ordinance No. 060-17) C. Adoption of a Resolution Confirming Mayoral Appointments to Boards and Commissions MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt a resolution confirming his appointments, as presented. Mayor spoke to previous citizen comment regarding the process of appointments. The motion carried. (Resolution No. 063-17) D. Approval of November 28, 2017, Council Meeting Minutes MOTION: By Councilmember Ashby, seconded by Councilmember Donlin, to approve council meeting minutes as presented. The motion carried. Councilmember Cucciardi abstained. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported the Finance Committee is scheduled to meet December 19th. Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet January 8th. Councilmember Lucarelli reported that the December meeting was canceled and will confirm meeting date in January. The Sewer Advisory Committee is scheduled to meet January 17th. The Chimes and Lights Committee is scheduled to meet December 18th. Councilmember Diener reported on the Land Use Committee meeting. The next meeting will be scheduled in January, after the 2018 committee assignments. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • POBSA flower cost; • Water Sewer Agreement with McCormick Woods; Page 35 of 146 • AWC Action Days; • Salmonberry Sinkhole update; and • Participation in the Tiger Cruise on the U.S.S. Nimitz. 10. REPORT OF DEPARTMENT HEADS Community Development Director Bond reported on the small cell project status and filing deadline for amendments to the comprehensive plan. 11. CITIZENS COMMENTS Gerry Harmon expressed understanding of the process for Mayoral Appointments, as explained by Mayor Putaansuu. However, requests that Council consider other announcement options. Which would offer the public opportunity, and provide transparency. On the flower baskets topic, she asks that the City find a way to support the request, because it shows that the community cares. Jay Rosapepe thanked the Salmonberry cleanup, Public Works and Police Departments for the assistance with the Festival of Chimes and Lights. Michael stated he is here because he became aware of the council meeting times through the City’s website, and is interested in attending. 12. EXECUTIVE SESSION At 7:24 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session in accordance with RCW 42.30.110(g) regarding personnel matter. City Attorney Cates and Police Chief Marti were invited to attend. Mayor Putaansuu noted that no action would be taken as a result of the executive session. At 7:34 p.m., Mayor Putaansuu reconvened Council back into regular session. 13. ADJOURNMENT The meeting adjourned at 7:34 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, CMC, City Clerk Robert Putaansuu, Mayor Page 36 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: January 9, 2018 Subject: Public Hearing on the 2017 Kitsap Prepared by: Mark R. Dorsey, P.E. County Comprehensive Solid and Director of Public Works Hazardous Waste Management Plan Atty Routing No.: NA (SHWMP) Adoption Atty Review Date: NA Summary: Pursuant to the provisions of Chapter 70.95 RCW (Solid Waste Management – Reduction and Recycling), a comprehensive state-wide program for solid waste handling and solid waste recovery and/or recycling was enacted by legislation. RCW Chapter 70.95.080 requires each county within the state, in association with the cities and towns located within it, to prepare a 20-year comprehensive solid waste management plan with periodic updates. On November 7, 2017, the Washington State Department of Ecology (DOE) approved the Final Draft of the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) – Final Draft. Therefore, pursuant to Interlocal Agreement KC-184-08 and to meet the provisions of Chapter 70.95 RCW, the City proposes to adopt the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) – Final Draft. Recommendation: Staff recommends that the City Council open a public hearing for public comment regarding the adoption of the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) – Final Draft. Relationship to Comprehensive Plan: Chapter 7.3 Non-City Managed Utilities Fiscal Impact: None Alternatives: Do not adopt the Plan. Attachments: KCDPW SHWMP PowerPoint. Page 37 of 146 This Page Intentionally Left Blank Page 38 of 146 Caring about your every day! Kitsap County Department of Public Works Page 39 of 146 Kitsap County Department of Public Works Comprehensive Solid & Hazardous Waste Management Plan for Kitsap County Presented to: City of Port Orchard Utility Committee November 20, 2017 Pat Campbell Kitsap County Public Works Solid Waste Division Page 40 of 146 Kitsap County Department of Public Works Why a Solid Waste Management Plan? Proper Solid Waste & Hazardous Waste Handling Key to Public and Environmental Health Planning Tool Effective Implementation –Objectives & Strategies Plan Review and/or Updates are Required by Law Page 41 of 146 Kitsap County Department of Public Works Plan Development Waste Wise Communities –The Future of Solid & Hazardous Waste Management in Kitsap County Current Plan Development –Started in 2016 Continuing Successful Programs Update –New Initiatives, Programs, & Strategies Preliminary Draft April 2017 Page 42 of 146 Kitsap County Department of Public Works Waste Reduction & Recycling Page 43 of 146 Kitsap County Department of Public Works Waste Reduction & Recycling Ongoing Programs Waste Prevention Increase Recycling Rate Increase Participation Rate Structures Curbside Business Waste Reduction & Recycling Programs New Strategies Designated Recyclables Service Level Ordinance Multi-Family Recycling Page 44 of 146 Kitsap County Department of Public Works Organics Management Continue to Work Towards Eliminating Disposal of Yard Debris in Landfills Reduce Disposed Food Waste by 50% by 2030 Expand and Increase Organics Recovery Work With Contracting Agencies for Commercial Participation Encourage Local Development of Alternative Technologies Page 45 of 146 Kitsap County Department of Public Works Construction & Demolition Debris Page 46 of 146 Kitsap County Department of Public Works Promotion, Education, & Outreach Education & Outreach and Technical Assistance Effectiveness of Outreach Programs/Campaigns Youth Education Programs Direct Outreach on Secure Loads Page 47 of 146 Kitsap County Department of Public Works Collection of Solid Wastes & Recyclables Encourage Residential Curbside Collection Encourage Measures to Increase Commercial Recycling, Including Organics Support Efforts to Increase Recycling Rate & Participation in Recycling Programs Page 48 of 146 Kitsap County Department of Public Works Transfer Systems –Waste & Recyclables Page 49 of 146 Kitsap County Department of Public Works Waste Disposal Page 50 of 146 Kitsap County Department of Public Works Special Wastes Ongoing Diversion & Disposal Alternatives Education & Outreach for Programs Re-use of Non- Hazardous Soils New Strategies Asbestos Containing Material Proper Handling Bio-Medical Waste Sharps Page 51 of 146 Kitsap County Department of Public Works Moderate Risk Waste Page 52 of 146 Kitsap County Department of Public Works Administration & Organization Rate Study 2017-2018 Olympic View Transfer Station (OVTS) Recycling & Garbage Facilities Disaster Debris Management Plan Page 53 of 146 Kitsap County Department of Public Works Page 54 of 146 Kitsap County Department of Public Works Regulation & Enforcement Litter & Illegal Dumping Response & Programs Education & Outreach Material Ban or Take-Back Ordinances Work with Kitsap Public Health District Work with WSDOT and Ecology Page 55 of 146 Kitsap County Department of Public Works Next Steps & Plan Adoption Plan Adoption Local Legislative Authorities Board of County Commissioners Waste Reduction & Recycling Element Meeting Final Draft –Ecology Ecology Approval Implementation Page 56 of 146 Kitsap County Department of Public Works Questions & Comments Contact Information Pat Campbell Solid Waste Division 360-337-4626 pcampbell@co.kitsap.wa.us Kitsap County Solid & Hazardous Waste Management Plan https://spf.kitsapgov.com/pw/about-us/public-worksPage 57 of 146 This Page Intentionally Left Blank Page 58 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: January 9, 2018 Subject: Appointment of Mayor Pro-Tempore Prepared by: Brandy Rinearson, MMC City Clerk Atty Routing No.: NA Atty Review Date: NA Summary: Historically, and required as a second-class city, the first meeting of each calendar year the Council nominated and appointed a Mayor Pro-Tempore from the current Councilmembers. Now that the City is a Code-city; the Council can biennially or periodically appoint a Mayor Pro Tempore. The statute reads as follows: RCW 35A.12.065 Pro tempore appointments. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability. Recommendation: Staff recommends a councilmember nominate a Mayor Pro-Tempore to serve for 2018 and 2019. However, the Council may continue with the current practice of appointing a Mayor Pro- Tempore at the first meeting of each calendar year. Relationship to Comprehensive Plan: None. Motions for consideration: I move to elect as the Mayor Pro-Tempore for 2018 and 2019, or I move to elect as the Mayor Pro-Tempore for 2018. Fiscal Impact: N/A Alternatives: N/A Attachments: None Page 59 of 146 This Page Intentionally Left Blank Page 60 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: January 9, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Sharon Cates Orchard Municipal Code Chapter 2.08 City Attorney (“Appointive Officers”) Atty Routing No.: 057-17 Atty Review Date: NA Summary: On July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City. Due to this reclassification, certain changes to the Port Orchard Municipal Code (POMC) were needed. On October 24, 2017, revisions to Chapter 2.08 POMC “Appointive Officers” to list all appointed officers were proposed and approved. Additional revisions to this Chapter are needed to clarify the method for the appointment and compensation of, as well as the powers and duties of, each of the appointive officers. The ordinance before you tonight is to amend certain sections of Chapter 2.08 POMC (“Appointive Officers”) and to adopt certain new sections thereof. The proposed amendments to this chapter of the POMC incorporate provisions of the Optional Municipal Code (Title 35A RCW) relating to certain rules and processes that apply to the appointment of Appointive Officers that apply to the City now that it has been reclassified as a Noncharter Code City, and provide clean-up of this chapter of the code. Recommendation: Staff recommends adoption of an Ordinance amending and adopting certain sections of Chapter 2.08 POMC (“Appointive Officers”) as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt an Ordinance amending and adopting certain sections of Chapter 2.08 POMC (“Appointive Officers”) as presented. Fiscal Impact: N/A Alternatives: Provide guidance to City staff regarding revisions to the Ordinance as presented. Attachments: Ordinance (clean and redline). Page 61 of 146 This Page Intentionally Left Blank Page 62 of 146 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 2.08 (“APPOINTIVE OFFICERS”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code (“POMC”); and WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC “Appointive Officers” to list all appointed officers; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 2.08 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The title to Port Orchard Municipal Code Chapter 2.08 are hereby adopted to read as follows: Chapter 2.08 APPOINTIVE OFFICERS* Sections: 2.08.010 Appointment and removal of appointive officers. 2.08.020 City clerk. 2.08.025 Compensation of city clerk. 2.08.030 Finance director. 2.08.035 Compensation of finance director. 2.08.040 Public works director. 2.08.045 Compensation of public works director. 2.08.050 City Engineer. 2.08.055 Compensation of city engineer. 2.08.060 Community development director. 2.08.065 Compensation of community development director. 2.08.070 Police Chief. 2.08.075 Compensation of police chief. 2.08.080 City attorney. 2.08.085 Compensation of city attorney. Page 63 of 146 2.08.090 Municipal judge. 2.08.095 Compensation of municipal judge. 2.08.100 Code enforcement officer. 2.08.105 Compensation of code enforcement officer. 2.08.110 Hearing examiner. 2.08.115 Compensation of hearing examiner. * Generally – See RCW 35A.12.020. SECTION 2. The title to and provisions of Port Orchard Municipal Code Section 2.08.010 is hereby adopted to read as follows: 2.08.010 Appointment and removal of appointive officers. The mayor of the city may appoint or remove the city clerk, finance director, public works director, city engineer, development director, city attorney, police chief, municipal judge, code enforcement officer, and hearing examiner subject to any applicable law, rule, or regulation relating to civil service. All appointments of city officers shall be made on the basis of ability and training or experience of the appointees in the duties they are to perform, from among persons having such qualifications as may be prescribed by ordinance, and in compliance with provisions of any merit system applicable to the city. Confirmation by the city council of appointments of officers shall be required only when the city council, by ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by the council may be required by the council in any instance where qualifications for the office or position have not been established by ordinance. Appointive offices shall be without definite term unless a term is established for such office by law or ordinance. SECTION 3. The title to and provisions of Port Orchard Municipal Code Section 2.08.020 are hereby adopted to read as follows: 2.08.020 City Clerk. There is created the position of city clerk. The city clerk shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The city clerk shall administer the operation of the clerk’s office. The duties of the city clerk are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The city clerk shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter Page 64 of 146 adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 4. The title to and provisions of Port Orchard Municipal Code Section 2.08.025 is hereby adopted to read as follows: 2.08.025 Compensation of city clerk. The compensation of the city clerk shall be the amount established by the city council in the annual budget or as established by contract. SECTION 5. The title to and provisions of Port Orchard Municipal Code Section 2.08.030 are hereby adopted to read as follows: 2.08.030 Finance director. There is created the position of finance director. The finance director shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The finance director shall administer the operation of the finance department. The duties of the finance director are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The finance director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 6. The title to and provisions of Port Orchard Municipal Code Section 2.08.035 is hereby adopted to read as follows: 2.08.035 Compensation of finance director. The compensation of the finance director shall be the amount established by the city council in the annual budget or as established by contract. SECTION 7. The title to and provisions of Port Orchard Municipal Code Section 2.08.040 are hereby adopted to read as follows: 2.08.040 Public works director. There is created the position of public works director. The public works director shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall Page 65 of 146 serve at the pleasure of the mayor. Powers and Duties. The public works director shall administer the operation of the public works department. The duties of the public works director are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The public works director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 8. The title to and provisions of Port Orchard Municipal Code Section 2.08.045 is hereby adopted to read as follows: 2.08.045 Compensation of public works director. The compensation of the public works director shall be the amount established by the city council in the annual budget or as established by contract. SECTION 9. The title to and provisions of Port Orchard Municipal Code Section 2.08.050 are hereby adopted to read as follows: 2.08.050 City engineer. There is created the position of city engineer. The city engineer shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The duties of the city engineer are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The city engineer shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 10. The title to and provisions of Port Orchard Municipal Code Section 2.08.055 is hereby adopted to read as follows: 2.08.055 Compensation of city engineer. The compensation of the city engineer shall be the amount established by the city council in the annual Page 66 of 146 budget or as established by contract. SECTION 11. The title to and provisions of Port Orchard Municipal Code Section 2.08.060 are hereby adopted to read as follows: 2.08.060 Community development director. There is created the position of community development director. The community development director shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The community development director shall administer the operation of the community development department. The duties of the community development director are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The community development director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 12. The title to and provisions of Port Orchard Municipal Code Section 2.08.065 is hereby adopted to read as follows: 2.08.065 Compensation of community development director. The compensation of the community development director shall be the amount established by the city council in the annual budget or as established by contract. SECTION 13. The title to and provisions of Port Orchard Municipal Code Section 2.08.070 are hereby adopted to read as follows: 2.08.070 Police chief. There is created the position of police chief. The police chief shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The police chief shall administer the operation of the police department. The duties of the police chief are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The police chief shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the Page 67 of 146 mayor’s designee. SECTION 14. The title to and provisions of Port Orchard Municipal Code Section 2.08.075 is hereby adopted to read as follows: 2.08.075 Compensation of police chief. The compensation of the police chief shall be the amount established by the city council in the annual budget or as established by contract. SECTION 15. The title to and provisions of Port Orchard Municipal Code Section 2.08.080 are hereby adopted to read as follows: 2.08.080 City attorney. (1) Appointment and Removal of the City Attorney. There is hereby created the position of city attorney. The mayor may appoint or remove the city attorney with confirmation by a majority vote of the city council. In lieu of the city attorney being a city employee, the city may enter into a professional services contract with a law firm or an individual upon agreement by the mayor and confirmation by a majority vote of the city council. (2) Duties. The city attorney shall: (a) Advise mayor, city council, and departments heads in all legal matters pertaining to the business of the city. Requests for legal opinions shall be directed to the city attorney through a tracking system maintained by the city clerk; (b) Approve all ordinances as to form and content; (c) Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers, and employees in their official capacity, including condemnation proceeding, provided where insurance counsel also defends the city, the main burden of such actions may be left to such counsel; (d) Prosecute in Port Orchard Municipal Court violations of city ordinances, provided the city council may by contract delegate this responsibility to another individual, law firm or governmental entity; (e) Attend all regular and special council meetings; (f) Attend other city commission and/or board meetings as requested by the mayor or responsible department head; (g) Draft all ordinances, leases and conveyances, and such other instruments as may be required by the business of the city, when requested to do so by the city council or the mayor; (h) Provide legal advice or assistance on issues related to labor law and provide labor negotiations services when requested by the mayor and city council; (i) Perform such other duties as the city council may direct by ordinance, Page 68 of 146 resolution or contract; (j) Review and advise the city on all documents and advice provided by the city’s bond counsel. SECTION 16. The title to and provisions of Port Orchard Municipal Code Section 2.08.085 is hereby adopted to read as follows: 2.08.085 Compensation of city attorney. The city attorney shall receive compensation in such amounts as the city council may, from time to time, establish by budget ordinance and contract. SECTION 17. The title to and provisions of Port Orchard Municipal Code Section 2.08.090 are hereby adopted to read as follows: 2.08.080 Municipal judge. There is created the position of municipal judge. The municipal judge shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The municipal judge shall administer the operation of the municipal court. The duties of the municipal judge as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The municipal judge shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 18. The title to and provisions of Port Orchard Municipal Code Section 2.08.095 is hereby adopted to read as follows: 2.08.095 Compensation of municipal judge. The compensation of the municipal judge shall be the amount established by the city council in the annual budget or as established by contract. SECTION 19. The title to and provisions of Port Orchard Municipal Code Section 2.08.100 are hereby adopted to read as follows: 2.08.100 Code enforcement officer. There is created the position of code enforcement officer. The code enforcement officer shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Page 69 of 146 Powers and Duties. The duties of the code enforcement officer are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The code enforcement officer shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 20. The title to and provisions of Port Orchard Municipal Code Section 2.08.105 is hereby adopted to read as follows: 2.08.105 Compensation of code enforcement officer. The compensation of the code enforcement officer shall be the amount established by the city council in the annual budget or as established by contract. SECTION 21. The title to and provisions of Port Orchard Municipal Code Section 2.08.110 are hereby adopted to read as follows: 2.08.110 Hearing examiner. There is created the position of hearing examiner. The hearing examiner shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The duties of the hearing examiner are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The hearing examiner shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 22. The title to and provisions of Port Orchard Municipal Code Section 2.08.115 is hereby adopted to read as follows: 2.08.115 Compensation of hearing examiner. The compensation of the hearing examiner shall be the amount established by the city council in the annual budget or as established by contract. SECTION 23. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Page 70 of 146 section, sentence, clause or phrase of this Ordinance. SECTION 24. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 25. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9th day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk Bek Ashby, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 71 of 146 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 2.08 (“APPOINTIVE OFFICERS”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code (“POMC”); and WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC “Appointive Officers” to list all appointed officers; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 2.08 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The title to Port Orchard Municipal Code Chapter 2.08 (“Appointive Officers”) is hereby amended to read as follows: Chapter 2.08 APPOINTIVE OFFICERS* Sections: 2.08.010 Appointment and removal of the city clerk, city treasurer, city engineer, city planner and police chief.appointive officers. 2.08.020 City clerk. 2.08.025 Compensation of city clerk. 2.08.030 Finance director. 2.08.035 Compensation of finance director. 2.08.040 Public works director. 2.08.045 Compensation of public works director. 2.08.050 City Engineer. 2.08.055 Compensation of city engineer. 2.08.060 Community development director. 2.08.065 Compensation of community development director. 2.08.070 Police Chief. 2.08.075 Compensation of police chief. 2.08.0820 City attorney. Page 72 of 146 2.08.08530 Compensation of city attorney. 2.08.090 Municipal judge. 2.08.095 Compensation of municipal judge. 2.08.100 Code enforcement officer. 2.08.105 Compensation of code enforcement officer. 2.08.110 Hearing examiner. 2.08.115 Compensation of hearing examiner. * Generally – See RCW 35A.12.020. SECTION 2. The title to and provisions of Port Orchard Municipal Code Section 2.08.010 (“Appointment and removal of the city clerk, city treasurer, city engineer, city planner and police chief”) is are hereby amended to read as follows: 2.08.010 Appointment and removal of the city clerk, finance director, public works director, development director, police chief, hearing examiner, code enforcement officer, and municipal judge.* appointive officers. The mayor of the city may appoint or remove the city clerk, finance director, public works director, city engineer, development director, city attorney, police chief, municipal judge, code enforcement officer, and hearing examiner, code enforcement officer, and municipal judge subject to any applicable law, rule, or regulation relating to civil service. All appointments of city officers shall be made on the basis of ability and training or experience of the appointees in the duties they are to perform, from among persons having such qualifications as may be prescribed by ordinance, and in compliance with provisions of any merit system applicable to such the city. Confirmation by the city council of appointments of officers shall be required only when the city council, by ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by the council may be required by the council in any instance where qualifications for the office or position have not been established by ordinance. Appointive offices shall be without definite term unless a term is established for such office by law or ordinance. * Appointment authorized – See RCW 35A.12.090. SECTION 3. The title to and provisions of Port Orchard Municipal Code Section 2.08.020 are hereby amended to read as follows: 2.08.020 City Clerk. There is created the position of city clerk. The city clerk shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The city clerk shall administer the operation of the clerk’s office. The duties of the Page 73 of 146 city clerk are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The city clerk shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 4. The title to and provisions of Port Orchard Municipal Code Section 2.08.025 are hereby adopted to read as follows: 2.08.025 Compensation of city clerk. The compensation of the city clerk shall be the amount established by the city council in the annual budget or as established by contract. SECTION 5. The title to and provisions of Port Orchard Municipal Code Section 2.08.030 are hereby amended to read as follows: 2.08.030 Finance director. There is created the position of finance director. The finance director shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The finance director shall administer the operation of the finance department. The duties of the finance director are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The finance director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 6. The title to and provisions of Port Orchard Municipal Code Section 2.08.035 are hereby adopted to read as follows: 2.08.035 Compensation of finance director. The compensation of the finance director shall be the amount established by the city council in the annual budget or as established by contract. SECTION 7. The title to and provisions of Port Orchard Municipal Code Section 2.08.040 are hereby adopted to read as follows: 2.08.040 Public works director. There is created the position of public works director. The public works director shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The public works director shall administer the operation of the public works department. The duties of the public works director are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The public works director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 8. The title to and provisions of Port Orchard Municipal Code Section 2.08.045 are hereby adopted to read as follows: 2.08.045 Compensation of public works director. The compensation of the public works director shall be Page 74 of 146 the amount established by the city council in the annual budget or as established by contract. SECTION 9. The title to and provisions of Port Orchard Municipal Code Section 2.08.050 are hereby adopted to read as follows: 2.08.050 City engineer. There is created the position of city engineer. The city engineer shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The duties of the city engineer are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The city engineer shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 10. The title to and provisions of Port Orchard Municipal Code Section 2.08.055 are hereby adopted to read as follows: 2.08.055 Compensation of city engineer. The compensation of the city engineer shall be the amount established by the city council in the annual budget or as established by contract. SECTION 11. The title to and provisions of Port Orchard Municipal Code Section 2.08.060 are hereby adopted to read as follows: 2.08.060 . Community development director. There is created the position of community development director. The community development director shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The community development director shall administer the operation of the community development department. The duties of the community development director are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The community development director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 12. The title to and provisions of Port Orchard Municipal Code Section 2.08.065 are hereby adopted to read as follows: 2.08.065 Compensation of community development director. The compensation of the community development director shall be the amount established by the city council in the annual budget or as established by Page 75 of 146 contract. SECTION 13. The title to and provisions of Port Orchard Municipal Code Section 2.08.070 are hereby adopted to read as follows: 2.08.070 Police chief. There is created the position of police chief. The police chief shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The police chief shall administer the operation of the police department. The duties of the police chief are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The police chief shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 14. The title to and provisions of Port Orchard Municipal Code Section 2.08.075 are hereby adopted to read as follows: 2.08.075 Compensation of police chief. The compensation of the police chief shall be the amount established by the city council in the annual budget or as established by contract. SECTION 15. The title to and provisions of Port Orchard Municipal Code Section 2.08.080 are hereby adopted to read as follows: 2.08.080 City attorney. (1) Appointment and Removal of the City Attorney. There is hereby created the position of city attorney. The mayor may appoint or remove the city attorney with confirmation by a majority vote of the city council. In lieu of the city attorney being a city employee, the city may enter into a professional services contract with a law firm or an individual upon agreement by the mayor and confirmation by a majority vote of the city council. (2) Duties. The city attorney shall: (a) Advise mayor, city council, and departments heads in all legal matters pertaining to the business of the city. Requests for legal opinions shall be directed to the city attorney through a tracking system maintained by the city clerk; (b) Approve all ordinances as to form and content; (c) Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers, and employees in their official capacity, including condemnation proceeding, provided where insurance counsel also defends the city, the main burden of such actions may be left to such counsel; (d) Prosecute in Port Orchard Municipal Court violations of city ordinances, provided the city council may by contract delegate this responsibility to another individual, law firm or governmental entity; Page 76 of 146 (e) Attend all regular and special council meetings; (f) Attend other city commission and/or board meetings as requested by the mayor or responsible department head; (g) Draft all ordinances, leases and conveyances, and such other instruments as may be required by the business of the city, when requested to do so by the city council or the mayor; (h) Provide legal advice or assistance on issues related to labor law and provide labor negotiations services when requested by the mayor and city council; (i) Perform such other duties as the city council may direct by ordinance, resolution or contract; (j) Review and advise the city on all documents and advice provided by the city’s bond counsel. SECTION 16. The title to and provisions of Port Orchard Municipal Code Section 2.08.085 are hereby adopted to read as follows: 2.08.085 Compensation of city attorney. The city attorney shall receive compensation in such amounts as the city council may, from time to time, establish by budget ordinance and contract. SECTION 17. The title to and provisions of Port Orchard Municipal Code Section 2.08.090 are hereby adopted to read as follows: 2.08.080 Municipal judge. There is created the position of municipal judge. The municipal judge shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The municipal judge shall administer the operation of the municipal court. The duties of the municipal judge as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The municipal judge shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 18. The title to and provisions of Port Orchard Municipal Code Section 2.08.095 are hereby adopted to read as follows: 2.08.095 Compensation of municipal judge. The compensation of the municipal judge shall be the amount established by the city council in the annual Page 77 of 146 budget or as established by contract. SECTION 19. The title to and provisions of Port Orchard Municipal Code Section 2.08.100 are hereby adopted to read as follows: 2.08.100 Code enforcement officer. There is created the position of code enforcement officer. The code enforcement officer shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The duties of the code enforcement officer are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The code enforcement officer shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 20. The title to and provisions of Port Orchard Municipal Code Section 2.08.105 are hereby adopted to read as follows: 2.08.105 Compensation of code enforcement officer. The compensation of the code enforcement officer shall be the amount established by the city council in the annual budget or as established by contract. SECTION 21. The title to and provisions of Port Orchard Municipal Code Section 2.08.110 are hereby adopted to read as follows: 2.08.110 Hearing examiner. There is created the position of hearing examiner. The hearing examiner shall be appointed by the mayor and confirmed by the city council subject to all provisions of Chapter 2.08, and shall serve at the pleasure of the mayor. Powers and Duties. The duties of the hearing examiner are as detailed in, but not confined to those contained in, the job description on file in the office of the finance department and may be updated from time to time. The hearing examiner shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor’s designee. SECTION 22. The title to and provisions of Port Orchard Municipal Code Section 2.08.115 are hereby adopted to read as follows: 2.08.115 Compensation of hearing examiner. The compensation of the Page 78 of 146 hearing examiner shall be the amount established by the city council in the annual budget or as established by contract. SECTION 23. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 24. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 25. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9th day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, CMC, City Clerk Bek Ashby, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 79 of 146 This Page Intentionally Left Blank Page 80 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: January 9, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Sharon Cates Orchard Municipal Code Chapter 2.64 City Attorney (“Code Enforcement Officer”) Atty Routing No.: 057-17 Atty Review Date: NA Summary: On July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City. Due to this reclassification, certain changes to the Port Orchard Municipal Code (POMC) were needed. On October 24, 2017, revisions to Chapter 2.08 POMC “Appointive Officers” to list all appointed officers were proposed and approved. As a result of those revisions, the necessity of a corresponding additional revision to Chapter 2.64 POMC (“Code Enforcement Officer”) has been identified. The ordinance before you tonight is to amend certain sections of Chapter 2.64 POMC (“Code Enforcement Officer”) to clarify that the appointment, powers and duties of the position of Code Enforcement Officer are set forth in Chapter 2.08 POMC. The remainder of that Chapter remains the same. Recommendation: Staff recommends adoption of an Ordinance amending and adopting certain sections of Chapter 2.64 POMC (“Code Enforcement Officer”) as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt an Ordinance amending and adopting certain sections of Chapter 2.64 POMC (“Code Enforcement Officer”) as presented. Fiscal Impact: N/A Alternatives: Provide guidance to City staff regarding revisions to the Ordinance as presented. Attachments: Ordinance (clean and redline). Page 81 of 146 This Page Intentionally Left Blank Page 82 of 146 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 2.64 (“CODE ENFORCEMENT OFFICER”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code (“POMC”); and WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC “Appointive Officers” to include the code enforcement officer; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 2.64 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The title to Port Orchard Municipal Code Chapter 2.64.010 is hereby adopted to read as follows: 2.64.010 Code enforcement officer– Authority. The code enforcement officer and any designee shall be appointed and compensated as set forth in Chapter 2.08 POMC, and shall have the powers and duties as set forth herein. In carrying out those powers and duties, the code enforcement officer shall be authorized to investigate compliance with the city regulations enumerated in POMC 2.64.030 and to take reasonable action to bring about compliance with such regulations, including but not limited to the issuance of notices of civil infraction. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary Page 83 of 146 consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9th day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk Bek Ashby, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 84 of 146 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 2.64 (“CODE ENFORCEMENT OFFICER”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code (“POMC”); and WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC “Appointive Officers” to include the code enforcement officer; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 2.64 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The title to Port Orchard Municipal Code Chapter 2.64.010 (“Code enforcement officer position created-Authority”) is hereby amended to read as follows: 2.64.010 Code enforcement officer position created– Authority. The position of code enforcement officer is established. The code enforcement officer and any designee shall be appointed and compensated as set forth in Chapter 2.08 POMC, and shall have the powers and duties as set forth herein.by the city council and shall be designated by council resolution. In carrying out those powers and duties, tThe code enforcement officer shall be authorized to investigate compliance with the city regulations enumerated in POMC 2.64.030 and to take reasonable action to bring about compliance with such regulations, including but not limited to the issuance of notices of civil infraction. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary Page 85 of 146 consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this _________day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, CMC, City Clerk Bek Ashby, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 86 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: January 9, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Sharon Cates Orchard Municipal Code Chapter 2.76 City Attorney (“Hearing Examiner”) Atty Routing No.: 057-17 Atty Review Date: NA Summary: On July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City. Due to this reclassification, certain changes to the Port Orchard Municipal Code (POMC) were needed. On October 24, 2017, revisions to Chapter 2.08 POMC “Appointive Officers” to list all appointed officers were proposed and approved. As a result of those revisions, the necessity of a corresponding additional revision to Chapter 2.76 POMC (“Hearing Examiner”) has been identified. The ordinance before you tonight is to amend certain sections of Chapter 2.76 POMC (“Hearing Examiner”) to clarify that the appointment, powers and duties of the position of Hearing Examiner are set forth in Chapter 2.08 POMC. The remainder of that Chapter remains the same. Recommendation: Staff recommends adoption of an Ordinance amending and adopting certain sections of Chapter 2.76 POMC (“Hearing Examiner”) as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt an Ordinance amending and adopting certain sections of Chapter 2.76 POMC (“Hearing Examiner”) as presented. Fiscal Impact: N/A Alternatives: Provide guidance to City staff regarding revisions to the Ordinance as presented. Attachments: Ordinance (clean and redline). Page 87 of 146 This Page Intentionally Left Blank Page 88 of 146 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 2.76 (“HEARING EXAMINER”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code (“POMC”); and WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC “Appointive Officers” to include the hearing examiner; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 2.76 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The title to Port Orchard Municipal Code Chapter 2.76.030 is hereby adopted to read as follows: 2.76.030 Appointment and term. The examiner shall be appointed and compensated as set forth in Chapter 2.08 POMC, and shall have the powers and duties as set forth herein. The examiner shall be appointed based on his or her qualifications for the duties of the office and shall have the necessary training and experience in land use and related legal matters to conduct administrative or quasi-judicial hearings, and to render decisions according to law. The examiner shall hold no other classified, appointive, or elected position in city government. The examiner shall suggest an examiner pro tem to serve in the event of his/her absence or disability, or in the event of a conflict of interest. The appointment of an examiner pro tem is expected to be infrequent in nature. The mayor will confirm the appointment of an examiner pro tem, in writing, and specify the term of service. Confirmation of appointment of an examiner pro tem is not required by the council. The examiner pro tem will be entitled to the same compensation as the examiner during his/her term of service. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such Page 89 of 146 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9th day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk Bek Ashby, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 90 of 146 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 2.76 (“HEARING EXAMINER”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code (“POMC”); and WHEREAS, on October 24, 2017, changes were made to Chapter 2.08 POMC “Appointive Officers” to include the hearing examiner; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 2.76 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The title to Port Orchard Municipal Code Chapter 2.76.030 (“Appointment and term”) is hereby amended to read as follows: 2.76.030 Appointment and term. The examiner shall be appointed and compensated as set forth in Chapter 2.08 POMCby the mayor with confirmation by the council, and shall serve at the pleasure of the mayor and shall have the powers and duties as set forth therein. The examiner shall be appointed based on his or her qualifications for the duties of the office and shall have the necessary training and experience in land use and related legal matters to conduct administrative or quasi-judicial hearings, and to render decisions according to law. The examiner shall hold no other classified, appointive, or elected position in city government. The examiner shall suggest an examiner pro tem to serve in the event of his/her absence or disability, or in the event of a conflict of interest. The appointment of an examiner pro tem is expected to be infrequent in nature. The mayor will confirm the appointment of an examiner pro tem, in writing, and specify the term of service. Confirmation of appointment of an examiner pro tem is not required by the council. The examiner pro tem will be entitled to the same compensation as the examiner during his/her term of service. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Page 91 of 146 section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9th day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, CMC, City Clerk Bek Ashby, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 92 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: January 9, 2018 Subject: Adoption of a Resolution Adopting the Prepared by: Mark R. Dorsey, P.E. 2017 Kitsap County Comprehensive Public Works Director Solid and Hazardous Waste Atty Routing No.: NA Management Plan (SHWMP) Final Draft Atty Review Date: NA Summary: Earlier this evening, a Public Hearing for public comment was held regarding the adoption of the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP), prepared by the Kitsap County Department of Public Works – Solid Waste Division, pursuant to the provisions of Chapter 70.95 RCW (Solid Waste Management – Reduction and Recycling.) Recommendation: Staff recommends that the City Council authorize the Mayor to execute a Resolution, thereby administratively adopting the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) – Final Draft. Relationship to Comprehensive Plan: Chapter 7.3 Non-City Managed Utilities Motion for Consideration: I move to adopt a Resolution, thereby administratively adopting the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) – Final Draft. Fiscal Impact: None. Alternatives: None. Attachments: Resolution (PowerPoint was provided under 6A) Page 93 of 146 This Page Intentionally Left Blank Page 94 of 146 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ADMINISTRATIVELY ADOPT THE 2017 KITSAP COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN – FINAL DRAFT WHEREAS, the Washington State Legislature, pursuant to the provisions of Chapter 70.95 RCW (Solid Waste Management – Reduction and Recycling), enacted legislation the purpose of which is to establish a comprehensive state-wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state; and WHEREAS, RCW 70.95.080 requires each county within the state, in association with the cities and towns located within it, to prepare a 20-year comprehensive solid waste management plan and to periodically update the plan according to Washington State Department of Ecology guidelines that interpret and expand upon the planning requirements of the Act; and WHEREAS, the Washington Hazardous Waste Management Act (RCW 70.105.220- 221) requires local governments to plan for hazardous waste, including used motor oil, generated within their jurisdictions by households and small quantity generator businesses, according to Washington State Department of Ecology guidelines; and WHEREAS, the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) establishes a comprehensive system of programs and facilities to reduce waste generation, increase recycling, direct valuable resources away from the landfill, maintain and improve levels of service in the solid and hazardous waste system, including the Olympic View Transfer Station, the Household Hazardous Waste Collection Facility, and Recycling and Garbage Facilities, as well as to continue to mitigate impact(s) of closed landfills; and WHEREAS, the SHWMP speaks to the needs of all citizens in Kitsap County in regard to solid and hazardous waste management and proposes action to satisfy those needs, and WHEREAS, the Kitsap County Solid Waste Advisory Committee participated in each phase of the plan development and reviewed the drafts of the SHWMP, and WHEREAS, the SHWMP identifies costs of carrying out the responsibilities and offers an implementation and financial plan, and WHEREAS, the City of Port Orchard participated in the preparation of the SHWMP pursuant to RCW 70.95.080 and Interlocal Agreement KC-184-08; and Page 95 of 146 WHEREAS, the City of Port Orchard finds that it is in the interest of public health, safety and welfare to adopt the SHWMP pursuant to RCW 70.95.080; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: THAT: The City of Port Orchard hereby adopts the Kitsap County Solid and Hazardous Waste Management Plan – Final Draft, dated November 2017. PASSED by the City Council of the City of Port Orchard, Washington, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 9th day of January, 2018. __________________________________ Robert Putaansuu, Mayor ATTEST: ________________________________ Brandy Rinearson, CMC, City Clerk Page 96 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7F Meeting Date: January 9, 2018 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Active Construction, Inc. Public Works Director for the Tremont Street Private Utility Atty Routing No.: N/A Conversion Project and Documenting Atty Review Date: N/A Procurement Summary: On December 15, 2017, the City’s Public Works Department advertised within; 1) the Port Orchard Independent, 2) the City’s Webpage, and 3) the Daily Journal of Commerce and uploaded the Tremont Street Private Utility Conversion Bid Documents to the Washington Builder’s Exchange. On December 22, 2017, a non-mandatory Pre-Bid Meeting was held at the Port Orchard City Hall. By the January 29, 2017 Bid deadline at 1:00 PM, the City received and only opened one (1) sealed bid for the 2017-2018 Tremont Street Private Utility Conversion Project as follows: Active Construction, Inc. (ACI) $154,502.55 (applicable tax included) Revised Engineers Estimate $60,000.00 (applicable tax included) Original Budget Amount $160,000.00 (applicable tax included) The City had originally budgeted $160,000.00 for this activity, but reduced the engineers estimate based upon a reduced total number of conversions required for the corridor. Unfortunately, the time of year this activity was advertised and the construction window required to meet the Tremont Street Widening – Schedule 74 cutover window has resulted in the single Bid received. With that said, for the benefit of the Tremont Street Widening Project and the affected parties within the corridor, Staff still recommends accepting the ACI bid. Therefore, as required prior to Contract Execution and Award, the City’s Public Works Department completed the Mandatory Bidder Responsibility Checklist provided on the lowest qualified and responsive Bid provided by ACI and confirmed that the Bid was acceptable and that the City’s Public Works Department could proceed with Contract Award. Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation. Recommendation: Staff recommends that the City Council adopt Resolution No. 048-17, thereby approving Contract No. C054-17 with Active Construction, Inc. in an amount not to exceed $154,502.55 (applicable taxes included) for the 2017-2018 Tremont Street Private Utility Conversion Project. Motion for Consideration: I move to adopt Resolution No. 048-17, thereby approving Contract No. C054-17 with Active Construction, Inc. in an amount not to exceed $154,502.55 (applicable taxes included) for the 2017-2018 Tremont Street Private Utility Conversion Project. Page 97 of 146 Fiscal Impact: Funding from the Street Capital Projects Fund 304 Tremont Widening – Construction Phase. Alternatives: None. Attachments: Resolution and Contract. Page 98 of 146 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C054-17 WITH ACTIVE CONSTRUCTION, INC. FOR THE 2017-2018 TREMONT STREET PRIVATE UTILITY CONVERSION PROJECT AND DOCUMENTING THE PROCUREMENT PROCEDURES. WHEREAS, on December 15, 2017, the City’s Public Works Department Advertised in the Port Orchard Independent, the City’s Webpage, the Daily Journal of Commerce and uploaded the Bid Documents to the Washington Builder’s Exchange; and WHEREAS, by the 1:00 PM bid deadline on December 29, 2017, the City Clerk received one (1) Sealed Bid; and WHEREAS, upon review and confirmation by the City of Port Orchard’s Public Works Department, it was determined that the lowest qualified and responsive Bid provided by Active Construction, Inc. was acceptable and that the Public Works Department could proceed with Contract Award; and WHEREAS, on January 2, 2018, the City’s Public Works Department completed the Mandatory Bidder Responsibility Checklist; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. 054-17 with Active Construction, Inc. for the 2017-2018 Tremont Street Private Utility Conversion Project and adopts the “Whereas” statements contained herein, as findings in support of the City’s selection and procurement procedures. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 9th day of January, 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, CMC, City Clerk Page 99 of 146 Page 100 of 146 Page 101 of 146 Page 102 of 146 Page 103 of 146 Page 104 of 146 Page 105 of 146 Page 106 of 146 Page 107 of 146 Page 108 of 146 Page 109 of 146 Page 110 of 146 Page 111 of 146 Page 112 of 146 Page 113 of 146 Page 114 of 146 Page 115 of 146 This Page Intentionally Left Blank Page 116 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7G Meeting Date: January 9, 2018 Subject: Adoption of a Resolution Authorizing Prepared by: Noah Crocker, M.B.A. Investment of City of Port Orchard Monies Finance Director in the Local Government Investment Pool Atty Routing No.: NA Atty Review Date: NA Summary: This resolution provides the authority to the Finance director to access and manage the LGIP. To gain access to the Local Government Investment Pool (LGIP) and bring the City’s records current the Office of the State Treasurer requires the adoption of a new Resolution to replace the existing one on file. Recommendation: Staff recommends adoption of a Resolution Authorizing Investment of City of Port Orchard Monies in the Local Government Investment Pool. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution Authorizing Investment of City of Port Orchard Monies in the Local Government Investment Pool. Fiscal Impact: N/A Alternatives: N/A Attachments: Resolution and Authorization Form. Page 117 of 146 This Page Intentionally Left Blank Page 118 of 146 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING INVESTMENT OF CITY OF PORT ORCHARD MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature created a trust fund to be known as the public funds investment account (commonly referred to as the Local Government Investment Pool (LGIP)) for the contribution and withdrawal of money by an authorized governmental entity for purposes of investment by the Office of the State Treasurer; and WHEREAS, from time to time it may be advantageous to the authorized governmental entity, CITY OF PORT ORCHARD, the “governmental entity”, to contribute funds available for investment in the LGIP; and WHEREAS, the investment strategy for the LGIP is set forth in its policies and procedures; and WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of the governmental entity shall be first duly authorized by the CITY COUNCIL, the “governing body” or any designee of the governing body pursuant to this resolution. or a subsequent resolution; and WHEREAS the governmental entity will cause to be filed a certified copy of said resolution with the Office of the State Treasurer; and WHEREAS the governing body and any designee appointed by the governing body with authority to contribute or withdraw funds of the governmental entity has received and read a copy of the prospectus and understands the risks and limitations of investing in the LGIP; and WHEREAS, the governing body attests by the signature of its members that it is duly authorized and empowered to enter into this agreement, to direct the contribution or withdrawal of governmental entity monies, and to delegate certain authority to make adjustments to the incorporated transactional forms, to the individuals designated herein; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The governing body does hereby authorize the contribution and withdrawal of governmental entity monies in the LGIP in the manner prescribed by law, rule, and prospectus. THAT: The governing body has approved the Local Government Investment Pool Transaction Authorization Form (Form) as completed by the CITY OF PORT ORCHARD and Page 119 of 146 incorporates said form into this resolution by reference (Exhibit A) and does hereby attest to its accuracy. THAT: The governmental entity designates NOAH CROCKER, FINANCE DIRECTOR the “authorized individual” to authorize all amendments, changes, or alterations to the Form or any other documentation including the designation of other individuals to make contributions and withdrawals on behalf of the governmental entity. THAT: This delegation ends upon the written notice, by any method set forth in the prospectus, of the governing body that the authorized individual has been terminated or that his or her delegation has been revoked. The Office of the State Treasurer will rely solely on the governing body to provide notice of such revocation and is entitled to rely on the authorized individual’s instructions until such time as said notice has been provided. THAT: The Form as incorporated into this resolution (Exhibit A) or hereafter amended by delegated authority, or any other documentation signed or otherwise approved by the authorized individual shall remain in effect after revocation of the authorized individual’s delegated authority, except to the extent that the authorized individual whose delegation has been terminated shall not be permitted to make further withdrawals or contributions to the LGIP on behalf of the governmental entity. No amendments, changes, or alterations shall be made to the Form or any other documentation until the entity passes a new resolution naming a new authorized individual. THAT: The governing body acknowledges that it has received, read, and understood the prospectus as provided by the Office of the State Treasurer. In addition, the governing body agrees that a copy of the prospectus will be provided to any person delegated or otherwise authorized to make contributions or withdrawals into or out of the LGIP and that said individuals will be required to read the prospectus prior to making any withdrawals or contributions or any further withdrawals or contributions if authorizations are already in place. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 9th day of January 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 120 of 146 Exhibit A Page 121 of 146 This Page Intentionally Left Blank Page 122 of 146 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7H Meeting Date: January 9, 2018 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Art Anderson Associates Public Works Director for the 2018 KRL Mechanical Engineer Atty Routing No: NA HVAC Design and Documenting Atty Review Date: NA Procurement Summary: As approved within the 2017-2018 Budget, the City’s Public Works Department is now moving forward with the Kitsap Regional Library (Port Orchard Branch) Mechanical Engineer HVAC Design for the replacement of their existing system. Therefore, on December 4, 2017, the City of Port Orchard Public Works Department selected three (3) qualified firms from the City’s current Professional Services Roster (see Exhibit A of Resolution No. 001-18 attached) for the Main Category; Engineering Services and Sub- Category; Heating and Ventilating Systems Planning, Mechanical Engineering. Staff then scored each Statement of Qualification (SOQ) and selected Art Anderson Associates as being the most qualified professional services engineering firm for the Project. After meeting at KRL to confirm the existing systems on December 13, 2017, the City received a Fee Proposal from Art Anderson Associates in the amount of $3,800.00 for the 2018 Kitsap Regional Library Mechanical Engineering HVAC Design and Ad Ready PS&E. Relationship to Comprehensive Plan: Chapter 9 – Capital Facilities. Recommendation: Staff recommends that the City Council adopt Resolution No. 001-18, thereby approving Contract No. C003-18 with Art Anderson Associates in the amount not to exceed $3,800.00 for the 2018 Kitsap Regional Library Mechanical Engineering HVAC Design and Ad Ready PS&E and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Motion for Consideration: I move to adopt Resolution No. 001-18, thereby approving Contract No. C003- 18 with Art Anderson Associates in the amount not to exceed $3,800.00 for the 2018 Kitsap Regional Library Mechanical Engineering HVAC Design and Ad Ready PS&E and documenting the Professional Services procurement procedures pursuant to RCW 39.80. Fiscal Impact: $8,000 was allocated within the approved 2017-2018 Budget. Alternatives: None Attachments: Resolution, Contract, and Proposal (dated 1/1/2018). Page 123 of 146 This Page Intentionally Left Blank Page 124 of 146 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C003-18 WITH ART ANDERSON ASSOCIATES FOR THE 2018 KITSAP REGIONAL LIBRARY PORT ORCHARD BRANCH MECHANICAL ENGINEER HVAC DESIGN AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department annually publishes the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard transitioned to the MRSC Consultant Roster database, but still publishes annually the general Request for Qualifications (RFQ) for the Professional Services Roster; and WHEREAS, on December 4, 2017, the City of Port Orchard’s Public Works Department selected three (3) qualified firms from the City’s current Professional Services Roster (Exhibit A attached) for the Main Category; Engineering Services and Sub-Category; Heating and Ventilating Systems Planning, Mechanical Engineering; and WHEREAS, the City’s Public Works Department then scored and selected Art Anderson Associates, being determined as the most qualified professional services engineering form; and WHEREAS, the City’s Public Works Department then met with Art Anderson Associates to negotiate the Project Scope and Budget; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. C003-18 with Art Anderson Associates for the 2018 Kitsap Regional Library Port Orchard Branch Mechanical Engineer HVAC Design and adopts the “Whereas” statements contained herein, as findings in support of the City’s consultant selection procurement procedures. Page 125 of 146 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 9th day of January 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 126 of 146 Page 127 of 146 Page 128 of 146 Page 129 of 146 Page 130 of 146 Page 131 of 146 Page 132 of 146 Page 133 of 146 Page 134 of 146 Page 135 of 146 Page 136 of 146 02JAN18 Page 137 of 146 Page 138 of 146 Page 139 of 146 Page 140 of 146 City of Port Orchard Special Meeting Holiday Light Tour Minutes December 13, 2017 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 5:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Present Councilmember Chang Present Councilmember Cucciardi Present Councilmember Diener Absent Councilmember Donlin Absent Councilmember Lucarelli Present Councilmember Clauson Present Mayor Putaansuu Present Staff present: No staff was present. 1. HOLIDAY LIGHT TOUR At 5:30 p.m., Mayor Putaansuu and Councilmembers met at City Hall to begin the Holiday Light Tour. They visited various locations in Port Orchard to determine who had the best holiday spirit. Council will provide a list of the winners at the December 19, 2017, City Council meeting. 2. ADJOURNMENT The meeting adjourned at 9:00 p.m. No other action was taken. Brandy Rinearson, CMC, City Clerk Robert Putaansuu, Mayor Page 141 of 146 This Page Intentionally Left Blank Page 142 of 146 City of Port Orchard Council Meeting Minutes Regular Meeting of December 19, 2017 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: Councilmember Ashby Present Councilmember Chang Present Councilmember Clauson Present Councilmember Diener Absent Councilmember Donlin Present Councilmember Lucarelli Present Mayor Pro-Tem Cucciardi Present Mayor Putaansuu Present Staff present: Finance Director Crocker, City Attorney Cates, HR Coordinator Howard, City Clerk Rinearson, and Deputy City Clerk Floyd were also present. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to add to Consent Agenda 4B, to excuse Diener due to illness. The motion carried. MOTION: By Councilmember Donlin, seconded by Councilmember Cucciardi, to accept the full agenda. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Page 143 of 146 4. CONSENT AGENDA A. Approval of an Interlocal Agreement with Kitsap County for Juvenile Detention Facilities (Contract No. 012-18) B. Excusal of Councilmember Diener Due to Illness MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Approval to Authorize the Finance Director to Pay City Claims MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the Finance Director to pay City claims and provide claims register to the City Council at the first meeting in January. The motion carried. B. Approval of Amending an Interlocal Agreement with Kitsap County for Incarceration of City Prisoners MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to authorize the Mayor to execute an amended agreement with Kitsap County for prisoner confinement services for the year 2018. The motion carried. C. Adoption of a Resolution Approving the Memorandum of Understanding Between the City and the Police Guild for Medical Benefits Page 144 of 146 MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the Memorandum of Understanding between the City and the Port Orchard Police Guild and to authorize the Mayor to sign said Memorandum of Understanding. The motion carried. (Resolution No. 064-17) D. Discussion: Holiday Light Tour Councilmember Lucarelli briefly spoke about the December 13th Holiday Light Tour and provided Council with a list of winners. There will also be a presentation during the January 23rd Council meeting. Council Direction: Staff was directed to post the winners to the City’s website and Facebook page. Mayor Putaansuu presented Councilmember Donlin with a plaque of recognition for his service as a Councilmember. Councilmember Donlin spoke about his experience on the Council and said he felt privileged to serve every day. He also mentioned that the public couldn’t have elected a better man than Jay Rosapepe to serve on the Council. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the December 19th Finance Committee meeting. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to authorize the Finance Department to implement the final step of the salary survey effective January 1, 2018. The motion carried. Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet the second Monday in January. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet January 22nd. Sewer Advisory Committee is scheduled to meet January 17th at City Hall. She reported on the December 18th Chimes and Lights Committee meeting. The next meeting is scheduled for January 22nd. In response to Councilmember Chang, Mayor Putaansuu noted Community Development Director Bond and City Attorney Cates have prepared a response to Mr. Palmer regarding his letter. Page 145 of 146 Councilmember Ashby reported on last Friday’s West Sound Alliance meeting. 9. REPORT OF MAYOR Mayor Putaansuu reported on the Bi-Mart opening in April. 10. REPORT OF DEPARTMENT HEADS Finance Director Crocker reported on impact fees and the Transportation Benefit District (TBD). Councilmember Clauson noted the money from the TBD is going towards asphalt repairs. HR Coordinator Howard reported on medical enrollment and healthcare. 11. CITIZENS COMMENTS Gerry Harmon asked if the tax on theaters is still going to the parks department; no one mentioned what the change was in the interlocal agreement; and the winners were not mentioned for the Holiday Light Tour. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned 7:08 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, CMC, City Clerk Robert Putaansuu, Mayor Page 146 of 146