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01/23/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda January 23, 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 and Payroll B. Approval of January 9, 2018, Council Meeting Minutes Page 3 C. Excusal of Councilmember Cucciardi Due to a Business Obligation 5. PRESENTATION A. Festival of Chimes and Lights Sponsor & Performer Recognition B. Holiday Good Neighbor Light Tour Recognition Presentation 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.08 Appointive Officers (Cates) Page 11 B. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.64 Code Enforcement Officer (Cates) Page 31 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.76 Hearing Examiner (Cates) Page 37 D. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.38 Legal Defense and Officials and Employees (Cates) Page 43 E. Adoption of a Resolution Accepting Council Committee Assignments and Establishing Council Standing Committees (Rinearson) Page 57 F. Discussion: Monthly Project List (Mayor) Page 61 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 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 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 (Mayor Pro-Tempore) 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 Clerk’s office should you need special accommodations. January 23, 2018, Meeting Agenda Page 2 of 2 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, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance January 26, 2018; 7:30am City Hall Economic Development and Tourism TBD; 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 February 20, 2018; 7:00pm City Hall **DCD, Department of Community Development, 720 Prospect Street, Port Orchard City of Port Orchard Council Meeting Minutes Regular Meeting of January 9, 2018 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 Cucciardi Present Mayor Pro-Tem Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Cates, 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 Ashby, seconded by Councilmember Lucarelli, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Check Nos. 73310 through 73557 totaling $2,722,269.38; December Electronic Payment Dates 12/1/2017 through 12/31/2017 totaling $235,909.76; and Bi-Weekly Payroll including Check Nos. 147796 through 147834 totaling $1,041,727.44. Page 3 of 64 B. Approval of Change Order No. 1-2018 to Contract No. 004-13 with Pacific Air Control for HVAC System Repairs C. Approval of Grant Agreement with the Department of Ecology for FY2017-19 Stormwater Capacity Activities (Contract No. 072-17) D. Approval of the December 12, 2017, Council Meeting Minutes MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Public Hearing on the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) Adoption Mayor Putaansuu opened the Public Hearing, and there being no testimony, closed the Public Hearing at 6:35 p.m. 7. BUSINESS ITEMS A. Appointment of Mayor Pro-Tempore MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to elect Councilmember Diener as the Mayor Pro-Tempore for 2018. The motion carried. B. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.08 (“Appointive Officers”) MAIN MOTION: By Councilmember Cucciardi seconded by Councilmember Diener, to adopt an ordinance amending and adopting certain sections of Chapter 2.08 POMC (“Appointive Officers”) as presented. Council and staff discussed the section in the proposed ordinance regarding the Municipal Court Judge. Page 4 of 64 AMENDED MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to update POMC Section 2.08.080 [2.08.090] by removing the phrase and shall serve at the pleasure at the mayor. The amended motion carried. Council continued discussion on the proposed Ordinance and asked City Attorney Cates to research and provide more information on who is responsible for the appointment and removal of the City Attorney and the removal of directors. AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to table [move to January 23, 2017, meeting] this until our next business meeting two weeks from tonight. City Attorney Cates noted that the next two business items relate to this item, so they should also be tabled [moved to the January 23, 2018, Council meeting]. The amended motion carried. C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.64 (“Code Enforcement Officer”) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson to move this to a date certain two weeks from tonight. The motion carried. D. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 2.76 (“Hearing Examiner”) MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to move Business Item 7D to the January 23rd Council meeting. The motion carried. E. Adoption of a Resolution Adopting the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) Final Draft MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt a Resolution, thereby administratively adopting the 2017 Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (SHWMP) – Final Draft. Page 5 of 64 Pat Campbell, Solid Waste Division Manager of Kitsap County, briefly spoke to the Resolution and plan. The motion carried. (Resolution No. 002-18) F. Adoption of a Resolution Approving a Contract with Active Construction, Inc. for the Tremont Street Private Utility Conversion Project and Documenting Procurement MOTION: By Councilmember Clauson, seconded by Councilmember Diener, 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. The motion carried. (Resolution No. 048-17) G. Adoption of a Resolution Authorizing Investment of City of Port Orchard Monies in the Local Government Investment Pool MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt a Resolution authorizing investment of City of Port Orchard monies in the Local Government Investment Pool. The motion carried. (Resolution No. 003-18) H. Adoption of a Resolution Approving a Contract with Art Anderson Associates for the 2018 KRL Mechanical Engineer HVAC Design and Documenting Procurement MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt Resolution No. 001-18, thereby approving Contract No. C003-18 with Art Anderson Associates in the amount not to exceed $3,800 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. The motion carried. (Resolution No. 001-18) I. Approval of December 13, 2017, Holiday Light Tour Meeting Minutes Page 6 of 64 MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve the December 13, 2017, Holiday Light Tour meeting minutes as presented. The motion passed. Councilmembers Diener and Rosapepe abstained. J. Approval of the December 19, 2017, Council Meeting Minutes MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve the December 19th Council meeting minutes as presented. The motion passed. Councilmembers Diener and Rosapepe abstained. Mayor Putaansuu noted the next item on the agenda is the discussion of a Water and Sewer Agreement. City Attorney Taraday is not in attendance, so they will not be discussing the Water Sewer Agreement. However, Finance Director Crocker and PW Supervisor/Water Systems Manager Hunter will be presenting a PowerPoint presentation regarding the City’s Water and Sewer Capital Improvement Plan and Capital Facility Charges. At 7:34 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session in accordance with RCW 42.30.110(2)(a)(ii) regarding potential litigation. City Attorney Cates and Community Development Director Bond were invited to attend. Mayor Putaansuu stated no action would be taken as a result of the executive session. At 7:44 p.m., Mayor Putaansuu extended the executive session an additional 5 minutes. At 7:49 p.m., Mayor Putaansuu reconvened Council back into regular session. K. Discussion: McCormick Woods Water Sewer Agreement Finance Director Crocker and PW Supervisor/Water Systems Manager Hunter showed a presentation on Water Sewer Summary and Review – Utility Capital Improvement Plan Capital Facility Charge. Council, Mayor, and staff discussed the presentation and how the City will move forward with the information. 8. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Land Use Committee is scheduled to meet next Wednesday [January 17th]. Public Works Director Dorsey reported the Utilities Committee is scheduled to meet January 22nd. Page 7 of 64 Mayor Putaansuu noted that since Council will be discussing the appointment of Councilmembers to committees next week, and there are several upcoming meetings and is asking that the current committee members serve for the rest of this month. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • Regional committees and Councilmember representation; • IT Help Desk and Facilities/PW Help Desk update; • New hand-held water meter reading equipment; • New permit issued for downtown photography/sales business; and • Citizens asking about banning single use plastic bags. 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported on Well No. 9; McCormick Village Phase 2; Bay Street Pedestrian Path Segment 3; and gave an update on Tremont Street Widening. Finance Director Crocker reported on closing out of 2017 and will send out survey for date of next Finance Committee meeting. Community Development Director Bond reported on a public hearing scheduled during the next Planning Commission meeting and the RFP for 640 Bay Street closes on Friday. City Clerk Rinearson reported on a new PRR 101 brochure for City employees; lodging tax meetings for recipients and committee members; need to schedule time for a new Council picture for the website; required training for Public Records Requests and the Open Public Meetings Act (OPMA); and the (Association of Washington Cities) AWC added cyber security coverage to the City’s insurance policy. PW Supervisor/Water Systems Manager Hunter reported on trimming on Bethel Avenue and streamlining requests from the public. Public Works Director Dorsey reported the success of the leadership meeting with Public Works staff. 11. CITIZENS COMMENTS Ron Rice spoke about possible water and sewer increases to residential and commercial properties and asked Council to keep in mind that people can only handle so much. Page 8 of 64 Gerry Harmon said a lot of items go through committees then go straight to Council. She asked that the committee chair speaks to the item before voting. Also, she asked Council to consider charging for percentage of water used. 12. EXECUTIVE SESSION An executive session was held earlier in the meeting. 13. ADJOURNMENT The meeting adjourned at 9:20 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 64 This Page Intentionally Left Blank Page 10 of 64 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 23, 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.: 116-17 Atty Review Date: January 17, 2018 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. This Ordinance was brought before Council during the January 9, 2018, Council meeting. After discussion, Council amended the ordinance relating to the Municipal Court Judge, and staff was directed to research who is responsible for the appointment and removal of the City Attorney and the removal of directors. 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. The current motion on the floor is: MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt an ordinance amending and adopting certain sections of Chapter 2.08 POMC Appointive Officers as presented. 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: None, as there is a motion already on the floor. Fiscal Impact: N/A Alternatives: Provide guidance to City staff regarding revisions to the Ordinance as presented. Attachments: Ordinance (clean and redline). Page 11 of 64 This Page Intentionally Left Blank Page 12 of 64 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 13 of 64 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; 35A.12.090. 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, ordinance, rule, or regulation, including those 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 adopted, subject to the general supervision and control of the mayor or the mayor’s designee. Page 14 of 64 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 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 Page 15 of 64 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 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 Page 16 of 64 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 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: Page 17 of 64 (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, 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: 2.08.090 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. 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 Page 18 of 64 hereinafter adopted. 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. 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 mayor may appoint or remove the hearing examiner with confirmation by a majority vote of the city council. In lieu of the hearing examiner being a city employee, the city may enter into a professional services contract upon agreement by the mayor and confirmation by a majority vote of the city council. 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 Page 19 of 64 of the city now existing or hereinafter adopted. 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 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 23rd 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 20 of 64 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 21 of 64 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; 35A.12.090. SECTION 2. The title to and provisions of Port Orchard Municipal Code Section 2.08.010 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, ordinance, rule, or regulation, including those 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. Page 22 of 64 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 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: Page 23 of 64 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 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 Page 24 of 64 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 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 Page 25 of 64 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; Attend all regular and special council meetings; (e) Attend other city commission and/or board meetings as requested by the mayor or responsible department head; (f) 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; (g) Provide legal advice or assistance on issues related to labor law and provide labor negotiations services when requested by the mayor and city council; (h) Perform such other duties as the city council may direct by ordinance, resolution or contract; Page 26 of 64 (i) 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: 2.08.090 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. 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. 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 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 Page 27 of 64 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 mayor may appoint or remove the hearing examiner with confirmation by a majority vote of the city council. In lieu of the hearing examiner being a city employee, the city may enter into a professional services contract upon agreement by the mayor and confirmation by a majority vote of the city council. 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. 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 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. Page 28 of 64 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 23rd 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 29 of 64 This Page Intentionally Left Blank Page 30 of 64 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 23, 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.: 116-17 Atty Review Date: January 17, 2018 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 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 to amend 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 31 of 64 This Page Intentionally Left Blank Page 32 of 64 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. Page 33 of 64 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 23rd 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 34 of 64 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. Page 35 of 64 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 23rd 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 36 of 64 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 23, 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.: 116-17 Atty Review Date: January 17, 2018 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 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 to amend 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 37 of 64 This Page Intentionally Left Blank Page 38 of 64 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 Authority. 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 examiner pro tem will be entitled to the same compensation as the examiner during his/her term of service. SECTION 2. The title to Port Orchard Municipal Code Chapter 2.76.040 (“Compensation”) is hereby removed in its entirety. SECTION 3. 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 39 of 64 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. 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 23rd 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 40 of 64 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 termAuthority. 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. The title to Port Orchard Municipal Code Chapter 2.76.040 (“Compensation”) is hereby removed in its entirety. 2.76.040 Compensation. The examiner may be retained on a professional service contract on terms deemed appropriate by the Mayor with any necessary approval for budget purpose, by the Page 41 of 64 Council. The contract shall specify that the examiner serves at the pleasure of the Mayor, and that the examiner has authority to suggest appointment of an examiner pro tem to the Mayor, to serve in the absence or disability, or in the event of a conflict of interest of the examiner. SECTION 3. 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 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. 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 23rd 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 42 of 64 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 23, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Sharon Cates Orchard Municipal Code Chapter 2.38 City Attorney Legal Defense of Officials and Employees Atty Routing No.: 119-16 Atty Review Date: January 17, 2018 Summary: In August 2011, the City Council adopted Ordinance 013-11 to establish the legal defense of officials and employees (under POMC 2.38) pursuant to RCW 4.96.041, which requires the City to establish a procedure to review a request for defense against an action or proceeding for damages brought against any past or present official or employee of the City, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. RCW 4.96.041 also provides that the necessary expenses to defend an official or employee, and any monetary judgment against the official or employee, will be paid by the City. The proposed ordinance is to amend certain sections of Chapter 2.38 POMC (“Legal Defense of Officials and Employees”) and to adopt certain new sections thereof. The proposed amendments to this chapter of the POMC incorporate the additional required provisions of RCW 4.96.041. Recommendation: Staff recommends adoption of an Ordinance amending and adopting certain sections of Chapter 2.38 POMC (“Legal Defense of Officials and Employees”) as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt an Ordinance amending certain sections of Chapter 2.38 POMC (“Legal Defense of Officials and Employees”) as presented. Fiscal Impact: None. Alternatives: Provide guidance to City staff regarding revisions to the Ordinance as presented. Attachments: Ordinance (clean and redline). Page 43 of 64 This Page Intentionally Left Blank Page 44 of 64 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 2.38 (“LEGAL DEFENSE OF OFFICIALS AND EMPLOYEES”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on August 9, 2011, the City Council adopted Ordinance No. 013-11 to establish the legal defense of officials and employees pursuant to RCW 4.96.041, which required the city to establish a procedure to review a request for defense against an action or proceeding for damages brought against any past or present official or employee of the city, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties; and WHEREAS, RCW 4.96.041 also requires that the necessary expenses to defend an official or employee, and any monetary judgment against the official or employee, shall be paid by the city; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend Chapter 2.38 POMC to set forth the additional requirements of RCW 4.96.041 and adopt appropriate procedures relating thereto; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Chapter 2.38 is hereby amended to read as follows: 2.38.010 Purpose. This chapter is adopted pursuant to the provisions of RCW 4.96.041, which require the city to establish a procedure to review a request for defense against an action or proceeding for damages brought against any past or present official or employee of the city, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties; and, if the request is granted, to pay the necessary expenses for such defense, and to pay any monetary judgment against the official or employee for nonpunitive damages entered by a court of competent jurisdiction on approval by the city council. 2.38.020 Procedure upon knowledge or receipt of a claim or potential claim – Conditions to representation. The provisions of this chapter shall apply only when the conditions of this section have been met. All officials or employees of the city shall provide notice to the Page 45 of 64 city of any claims for potential claims as follows: (1) In the event of any incident or course of conduct potentially giving rise to a claim for damage or the commencement of a suit, the official or employee involved shall, as soon as practicable, give the city clerk written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses. The city clerk with the assistance of the city attorney is authorized to develop a form to be used by the official or employee. Upon the development of said form, officials and employees requesting legal defense shall utilize the form, which shall be maintained in the files of the city attorney as a document prepared in anticipation of litigation; (2) Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city clerk, and shall cooperate with the city clerk, city attorney, or an attorney designated by the city, and, upon request, assist in making settlement of any suit or enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys’ fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature; (3) Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any additional compensation to the official or employee and, in the event that an employee has left the employ of the city, no fee or compensation shall be provided; and (4) Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said claim or suit; other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage. 2.38.030 Conflict with provisions of insurance policies. The provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to modify or amend any provisions of any policy of insurance where any city official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide the coverage detailed in this chapter outside and beyond insurance Page 46 of 64 policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. 2.38.040 Pending claims. The provisions of this chapter shall apply to any pending claim or lawsuit against an official or employee, or any such claim or lawsuit thereafter filed, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit. 2.38.050 Definitions. Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meanings: (1) “Official” means any person who is serving or has served as an elected or appointed city official or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee, or other appointed position with the city. The term “appointed” as used herein shall mean a person formally appointed by the city council or as authorized by state law or city ordinance. (2) “Employee” means any person who is or has been employed by the city. (3) The terms “official” and “employee” do not include independent contractors performing services on behalf of the city; provided, however, that the city and any independent contractor may negotiate for the provision of legal defense services and the scope of such legal defense shall be controlled by the terms of said written agreement. 2.38.060 Legal representation. (1) As a condition of service or employment, the city shall provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. This chapter is subject to repeal or modification at the sole discretion of the city council. (2) The legal services shall be provided by the office of the city attorney unless: (a) Any provision of an applicable policy of insurance provides otherwise; or (b) A conflict of interest or ethical bar exists with respect to said representation. Page 47 of 64 (c) In the event that outside counsel is retained under subsections (2)(a) or (b) above, the city shall indemnify the employee from the reasonable costs of defense; provided, that in no event shall the official or employee be indemnified for attorneys’ fees in excess of the hourly rates of the primary city attorney as established by the city’s contract with its city attorney. The official or employee shall be liable for all hourly charges in excess of said rate. (d) In the event the city is awarded attorneys’ fees as the prevailing party in any lawsuit, such award shall be retained by the city; provided, that once the city’s attorneys’ fees have been paid in full, if excess funds remain in the attorney fee award, such excess funds may be paid to the official or employee for the purpose of paying any attorney fee hourly charges in excess of the city attorney’s hourly rate as set forth in subsection (c) above. 2.38.070 Exclusions. (1) In no event shall protection be offered under this chapter by the city to: (a) Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee; (b) Any act or course of conduct of an official or employee which is not performed on behalf of the city; (c) Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the city; and/or (d) Any lawsuit brought against an official or employee by or on behalf of the city. Nothing herein shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee. (2) The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the city or the official or employee is insured against loss or damages under the terms of any valid insurance policy; provided, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. 2.38.080 Determination of exclusion. The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be finally determined by the city council on the recommendation of the mayor. The decision of the city council shall be final as a legislative determination of the council. Nothing herein shall preclude the city from undertaking an official’s or employee’s defense under a reservation of rights. Page 48 of 64 2.38.090 Effect of compliance with conditions. If legal representation of an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement; provided, that the city may, at its discretion, appeal as necessary such judgment. 2.38.100 Failure to comply with conditions. In the event that any official or employee fails or refuses to comply with any of the conditions of POMC 2.38.020, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. 2.38.110 Reimbursement of incurred expenses. (1) If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and reasonable attorneys’ fees incurred by the city official or employee in defending against the claim. The city shall pay any attorneys’ fees incurred in obtaining the determination that such claim is covered by the provisions of this chapter. (2) If the city determines that a claim against a city official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the city official or employee shall reimburse the city for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter and any other costs and attorneys’ fees associated with defending against the claim. 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 consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect Page 49 of 64 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 23rd day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 50 of 64 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 2.38 (“LEGAL DEFENSE OF OFFICIALS AND EMPLOYEES”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on August 9, 2011, the City Council adopted Ordinance No. 013-11 to establish the legal defense of officials and employees pursuant to RCW 4.96.041, which required the city to establish a procedure to review a request for defense against an action or proceeding for damages brought against any past or present official or employee of the city, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties; and WHEREAS, RCW 4.96.041 also requires that the necessary expenses to defend an official or employee, and any monetary judgment against the official or employee, shall be paid by the city; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend Chapter 2.38 POMC to set forth the additional requirements of RCW 4.96.041 and adopt appropriate procedures relating thereto; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Chapter 2.38 is hereby amended to read as follows: 2.38.010 Purpose. This chapter is adopted pursuant to the provisions of RCW 4.96.041, which require the city to establish a procedure to review a request for defense against an action or proceeding for damages brought against any past or present official officer or employee of the city, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties; and, if the request is granted, to pay the necessary expenses for such defense, and to pay any monetary judgment against the official or employee for nonpunitive damages entered by a court of competent jurisdiction on approval by the city council. 2.38.020 Procedure upon knowledge or receipt of a claim or potential claim – Conditions to representation. The provisions of this chapter shall apply only when the conditions of this section have been Page 51 of 64 met. All officials officers or employees of the city shall provide notice to the city of any claims for potential claims as follows: (1) In the event of any incident or course of conduct potentially giving rise to a claim for damage or the commencement of a suit, the official or employee involved shall, as soon as practicable, give the city clerk written notice thereof, identifying the official or employee involved, all information known to the official or employee with respect to the date, time, place, and circumstances surrounding the incident or conduct giving rise to the claim or lawsuit, as well as the names and addresses of all persons allegedly injured or otherwise damaged thereby, and the names and addresses of all witnesses. The city clerk with the assistance of the city attorney is authorized to develop a form to be used by the official or employee. Upon the development of said form, officials and employees requesting legal defense shall utilize the form, which shall be maintained in the files of the city attorney as a document prepared in anticipation of litigation; (2) Upon receipt thereof, the official or employee shall forthwith deliver any claim, demand, notice or summons or other process relating to any such incident or conduct to the city clerk, and shall cooperate with the city clerk, city attorney, or an attorney designated by the city, and, upon request, assist in making settlement of any suit or enforcing any claim for any right of subrogation against any persons or organizations that may be liable to the city because of any damage or claim of loss arising from said incident or course of conduct, including, but not limited to, rights of recovery for costs and attorneys’ fees arising out of state or federal statute upon a determination that the suit brought is frivolous in nature; (3) Such official or employee shall attend interviews, depositions, hearings and trials and shall assist in securing and giving evidence and obtaining attendance of witnesses all without any additional compensation to the official or employee and, in the event that an employee has left the employ of the city, no fee or compensation shall be provided; and (4) Such official or employee shall not accept nor voluntarily make any payment, assume any obligation, or incur any expense relating to said claim or suit; other than for first aid to others at the time of any incident or course of conduct giving rise to any such claim, loss, or damage. 2.38.030 Conflict with provisions of insurance policies. The provisions of this chapter do not constitute a policy of insurance, and nothing contained in this chapter shall be construed to modify or amend any provisions of any policy of insurance where any city official or employee thereof is the named insured. In the event of any conflict between this chapter and the provisions of any such policy of insurance, the policy provisions shall be controlling; provided, however, that nothing contained in this section shall be deemed to limit or restrict any employee’s or official’s right to full coverage pursuant to this chapter, it being the intent of this chapter and section to provide the coverage detailed in this chapter outside and beyond insurance policies which may be in effect, while not compromising the terms and conditions of such policies by any conflicting provision contained in this chapter. 2.38.040 Pending claims. The provisions of this chapter shall apply to any pending claim or lawsuit against an official or Page 52 of 64 employee, or any such claim or lawsuit thereafter filed, without regard to the date of the events or circumstances which are the basis of such claim or lawsuit. 2.38.050 Definitions. Unless the context indicates otherwise, the words and phrases used in this chapter shall have the following meanings: (1) “Official” means any person who is serving or has served as an elected or appointed city official or officer, and any person who is serving or has served as an appointed member of any city board, commission, committee, or other appointed position with the city. The term “appointed” as used herein shall mean a person formally appointed by the city council or as authorized by state law or city ordinance. (2) “Employee” means any person who is or has been employed by the city. (3) The terms “official” and “employee” do not include independent contractors performing services on behalf of the city; provided, however, that the city and any independent contractor may negotiate for the provision of legal defense services and the scope of such legal defense shall be controlled by the terms of said written agreement. 2.38.060 Legal representation. (1) As a condition of service or employment, the city shall provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representation as may be reasonably necessary to defend a claim or lawsuit filed against such official or employee resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. This chapter is subject to repeal or modification at the sole discretion of the city council. (2) The legal services shall be provided by the office of the city attorney unless: (a) Any provision of an applicable policy of insurance provides otherwise; or (b) A conflict of interest or ethical bar exists with respect to said representation. (c) In the event that outside counsel is retained under subsections (2)(a) or (b) above, the city shall indemnify the employee from the reasonable costs of defense; provided, that in no event shall the official or employee be indemnified for attorneys’ fees in excess of the hourly rates of the primary city attorney as established by the city’s contract with its city attorney. The official or employee shall be liable for all hourly charges in excess of said rate. (d) In the event the city is awarded attorneys’ fees as the prevailing party in any lawsuit, such award shall be retained by the city; provided, that once the city’s attorneys’ fees have been paid in full, if excess funds remain in the attorney fee award, such excess funds may be paid to the official or employee for the purpose of paying any attorney fee hourly charges in excess of the city attorney’s hourly rate as set forth in subsection (c) above. 2.38.070 Exclusions. (1) In no event shall protection be offered under this chapter by the city to: Page 53 of 64 (a) Any dishonest, fraudulent, criminal, willful, intentional or malicious act or course of conduct of an official or employee; (b) Any act or course of conduct of an official or employee which is not performed on behalf of the city; (c) Any act or course of conduct which is outside the scope of an official’s or employee’s service or employment with the city; and/or (d) Any lawsuit brought against an official or employee by or on behalf of the city. Nothing herein shall be construed to waive or impair the right of the city council to institute suit or counterclaim against any official or employee nor to limit its ability to discipline or terminate an employee. (2) The provisions of this chapter shall have no force or effect with respect to any accident, occurrence or circumstance for which the city or the official or employee is insured against loss or damages under the terms of any valid insurance policy; provided, that this chapter shall provide protection, subject to its terms and limitations, above any loss limit of such policy. The provisions of this chapter are intended to be secondary to any contract or policy of insurance owned or applicable to any official or employee. The city shall have the right to require an employee to utilize any such policy protection prior to requesting the protection afforded by this chapter. 2.38.080 Determination of exclusion. The determination of whether an official or employee shall be afforded a defense by the city under the terms of this chapter shall be finally determined by the city council on the recommendation of the mayor. The decision of the city council shall be final as a legislative determination of the council. Nothing herein shall preclude the city from undertaking an official’s or employee’s defense under a reservation of rights. 2.38.090 Effect of compliance with conditions. If legal representation of an official or employee is undertaken by the city attorney, all of the conditions of representation are met, and a judgment is entered against the official or employee, or a settlement made, the city shall pay such judgment or settlement; provided, that the city may, at its discretion, appeal as necessary such judgment. 2.38.100 Failure to comply with conditions. In the event that any official or employee fails or refuses to comply with any of the conditions of POMC 2.38.020, or elects to provide his/her own representation with respect to any such claim or litigation, then all of the provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or litigation. 2.38.110 Reimbursement of incurred expenses. Page 54 of 64 (1) If the city determines that an official or employee does not come within the provisions of this chapter, and a court of competent jurisdiction later determines that such claim does come within the provisions of this chapter, then the city shall pay any judgment rendered against the official or employee and reasonable attorneys’ fees incurred in defending against the claim. The city shall pay any attorneys’ fees incurred by the city official or employee in obtaining the determination that such claim is covered by the provisions of this chapter. (2) If the city determines that a claim against a city official or employee does come within the provisions of this chapter, and a court of competent jurisdiction later finds that such claim does not come within the provisions of this chapter, then the city official or employee shall reimburse the city for costs or expenses incurred in obtaining the determination that such claim is not covered by the provisions of this chapter and any other costs and attorneys’ fees associated with defending against the claim. 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 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 23rd day of January 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 55 of 64 This Page Intentionally Left Blank Page 56 of 64 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 23, 2018 Subject: Adoption of a Resolution Accepting Council Prepared by: Brandy Rinearson, MMC Committees Assignments and Establishing City Clerk Council Standing Committees Atty Routing No.: NA Atty Review Date: NA Summary: Resolution No. 016-16, states at a regular Council meeting in January of each even numbered year, the City Council shall establish committees, the responsibilities of each committee, and the committee membership. Until the new committees are implemented, the current committees shall remain in effect and newly elected Councilmembers shall serve on the committees to which their predecessors were appointed. At the January 16, 2018, Work Study Session meeting, Councilmembers discussed which councilmembers will serve on which committees. During that discussion they thought the Lodging Tax Advisory Committee should be a committee under the Economic Develop-Tourism committee. Below is the council committees, responsibilities, and members: Finance – provide policy direction and make recommendation on the City’s budgeting, financial planning, financial reporting, levies, taxes, revenue, and audits. Recommends long-range financial goals along with funding strategies for the operating and capital budgets; City personnel issues related to labor negotiations and salary of employees; serves as the advisory forum for transportation improvements; and street maintenance funding, and funding relating to the transportation benefit district. Councilmembers Clauson, Ashby, and Cucciardi Land Use – provide policy direction and make recommendation on matters related to city property, including parks, streets, alleys and sidewalks; transportation, planning and land use, including comprehensive planning, zoning, design, and land use regulations. Councilmembers Chang, Cucciardi, and Diener Utilities – provide policy direction and make recommendation on matters related to the City’s sewer, water, and stormwater utilities. In addition, meets and serves as City representatives in conjunction with West Sound Utility District Commissioners to discuss policies regarding the Joint Wastewater Treatment Facility. Councilmembers Chang, Lucarelli, and Rosapepe Economic Development/Tourism – provide policy direction and make recommendation consistent with the City’s Tourism Promotion Strategic Plan; encourage community involvement related to tourism and economic development; provide recommendations on a work plan to stimulate job stability, retention, and new growth; and appoint one councilmember to chair the Lodging Tax Page 57 of 64 committee of hoteliers and non-profits to review lodging tax applications and provide a recommendation to the Council for distribution. Councilmembers Ashby, Diener, and Rosapepe Chimes & Lights – Coordinates activities with local organizations, recommends promotional materials on the event, reviews and provides recommendation on decorations for the annual Festival of Chimes & Lights event. Councilmember Lucarelli Recommendation: Staff recommends adoption of a Resolution adopting new Council committee assignments and responsibilities. Relationship to Comprehensive plan: N/A Motion for consideration: I move to adopt a Resolution adopting new Council committee assignments and responsibilities as presented. Fiscal Impact: None. Alternatives: N/A Attachments: Resolution Page 58 of 64 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 016-16 COUNCIL COMMITTEE ASSIGNMENTS AND RESPONSIBILITIES AND ADOPTING NEW COUNCIL COMMITTEE ASSIGNMENTS AND RESPONSIBILITIES. WHEREAS the City of Port Orchard is governed by an elected Mayor and seven City Council members; and WHEREAS, the City Council established certain select committees to and recommend policy to the full Council; and WHEREAS, the Council biennially updates committee assignments by resolution and adopted Resolution No. 016-16; and WHEREAS, the Council now desires to update committees and amend the rules governing the assignment of Council members to select committees by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: THAT: Resolution No. 006-16, is hereby repealed in its entirety. THAT: The following Council committees are hereby continued or established: Committees Committee Members Finance Clauson, Ashby, and Cucciardi Land Use Chang, Cucciardi, and Diener Economic Development/Tourism Ashby, Diener, and Rosapepe Utilities Chang, Lucarelli, and Rosapepe Chimes and Lights Lucarelli THAT: Implementation of the new committee structure shall become effective February 1, 2018. THAT: the duties of the standing committees are as follows: • Finance – provide policy direction and make recommendation on the City’s budgeting, financial planning, financial reporting, levies, taxes, revenue, and audits. Recommends long-range financial goals along with funding strategies for the operating and capital budgets; City personnel issues related to labor negotiations and salary of employees; serves as the advisory forum for transportation improvements; and street maintenance funding, and funding relating to the transportation benefit district. • Land Use – provide policy direction and make recommendation on matters related to city property, including parks, streets, alleys and sidewalks; transportation, planning and land use, including comprehensive planning, zoning, design, and land use regulations. • Utilities – provide policy direction and make recommendation on matters related to the City’s sewer, water, and stormwater utilities. In addition, meets and serves as Page 59 of 64 City representatives in conjunction with West Sound Utility District Commissioners to discuss policies regarding the Joint Wastewater Treatment Facility. • Economic Development/Tourism – provide policy direction and make recommendation consistent with the City’s Tourism Promotion Strategic Plan; encourage community involvement related to tourism and economic development; provide recommendations on a work plan to stimulate job stability, retention, and new growth; and appoint one councilmember to chair the Lodging Tax committee of hoteliers and non-profits to review lodging tax applications and provide a recommendation to the Council for distribution. • Chimes & Lights – Coordinates activities with local organizations, recommends promotional materials on the event, reviews and provides recommendation on decorations for the annual Festival of Chimes & Lights event. THAT: Until the new committees are implemented, the current committees shall remain in effect and newly elected Councilmembers shall serve on the committees to which their predecessors were appointed. THAT: Outside agencies are assigned as follows: Health District: Mayor, Clauson (alt) KRCC: Ashby, Rosapepe (alt) PSRC Exec. Board: Putaansuu (alt) PSRC Growth Mgmt: Diener (alt) PSRC EDD: Cucciardi (alt) KEDA/KADA: Lucarelli, Clauson (alt) PSRC Transpol: Ashby KRCC Transpol: Ashby, Rosapepe (alt) KRCC PlanPol: Mayor, Ashby (alt) PRTPO Exec Board: Ashby, Mayor (alt) AND FURTHER THAT: At a regular Council meeting in January of each even numbered year, the City Council shall establish the responsibilities of each committee and the committee membership. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 23rd day of January 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Page 60 of 64 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 23, 2018 Subject: Discussion: Monthly Project List Prepared by: Robert Putaansuu Mayor Atty Routing No.: NA Atty Review Date: NA Summary: Discussion with the City Council regarding Public Works and Community Development Departments project list and updates. Recommendation: NA Relationship to Comprehensive Plan: NA Fiscal Impact: NA Alternatives: NA Attachments: Monthly Project List Page 61 of 64 This Page Intentionally Left Blank Page 62 of 64 Monthly Project Meeting Tremont – On track Bay Street Path – Segment #3 out to bid in March McCormick Village Park – Out to bid in February Anderson Hill Round About – 100% Design June 2018 – TIB Aug 2018 – Construction 2019 Corridor Studies – Completed in June Design Standards – March Council Adoption 640 Bay Street – Weekly meetings on Tuesday’s Rockwell Pocket Park - $300K in Capital Budget – 2018 Design – 2019 Construction Bay Street Schedule 74 – On hold Well 9 – Bid opening Feb 16th Well 13 – Capital Budget MW Pump Station #1 Marina Pump Station Page 63 of 64 MW Pump Station #2 McCormick Water Agreement – Thomas has a meeting with developer this month. City Hall Improvements Downtown Projects – Garbage Cans – Street Trees Park Projects – Tennis Courts PO community service day April 7th – Need a list of sites & projects Public Works FTE needs – Front Counter – Engineering Tech – Parks & Public Facilities Manager Page 64 of 64