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04/10/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda April 10, 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 n ot considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks, Payroll, and Electronic Payments B. Approval of the March 27, 2018, Council Meeting Minutes Page 3 5. PRESENTATION A. Review of Biennial Budget (Crocker) 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of a Resolution Approving Medical Benefits for Non-Union Represented Executive Exempt and Non-Exempt Employees (Howard) Page 9 B. Adoption of a Resolution Approving the Job Description and Salary Scale for the Public Works Utilities/Facilities Operations Manager (Dorsey) Page 13 C. Adoption of a Resolution Approving a Contract with Neptune Marine LLC for the McCormick Village Park Phase 2 Project and Documenting Procurement Procedures (Dorsey) Page 21 D. Adoption of a Resolution Approving a Contract with JMG Constructors, LLC for the Well No. 9 Water Quality Retrofit Project and Documenting Procurement Procedures (Dorsey) Page 61 E. Approval of the March 20, 2018, Council Work Study Session Minutes Page 99 F. Discussion: Ban on Retail Sales of Puppies and Kittens from Mill Breeders (Bond) Page 103 G. Discussion: Council Retreat Agenda and Overview of Proposed Visioning Session (Mayor) Page 119 8. REPORTS OF COUNCIL COMMITTEES Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Development Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Debbie Hunt Court Administrator Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Cler k’s office should you need special accommodations. April 10, 2018, Meeting Agenda Page 2 of 2 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, 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 April 24, 2018; 7:30am City Hall Economic Development and Tourism April 9, 2018; 9:00am City Hall Utilities April 16, 2018; 9:30am City Hall Sewer Advisory April 18, 2018; 6:30pm SKWRF* Land Use May 7, 2018; 7:30am DCD** Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights April 16, 2018; 3:30pm City Hall Council Retreat May 18, 2018; 9:00am Puerta Vallarta*** Outside Agency Committees Varies Varies * South Kitsap Water Reclamation Facility, 1165 Beach Drive East, Port Orchard **DCD, Department of Community Development, 720 Prospect Street, Port Orchard ***1599 SE Lund Avenue, Port Orchard CITY COUNCIL GOOD OF THE ORDER City of Port Orchard Council Meeting Minutes Regular Meeting of March 27, 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, City Attorney Cates, City Clerk Rinearson, HR Coordinator Deborah Howard, Code Enforcement Price, 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 No citizen comments were made. 4. CONSENT AGENDA A. Approval of Check Nos. 73951 through 74042 totaling $600,619.27; and Bi‐Weekly Payroll including Check Nos. 147894 through 147911 totaling $436,322.39. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the consent agenda as presented. Page 3 of 136 Minutes of March 27, 2018 Page 2 of 6 The motion carried. 5. PRESENTATION A. Kitsap Economic Development Alliance (KEDA) John Powers, KEDA Executive Director, gave an update on projects and development in the community. He also discussed the 4th quarterly report for 2017. 6. PUBLIC HEARING A. Abatement of a Dangerous Building at 1398 Canyon Lane Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 6:51 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping, or Standing, in Certain Areas of the City MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance, thereby updating POMC Chapter 10.12.500 and 10.12.580, regarding parking, stopping or standing in certain areas of the City, with final form approved by the City Attorney. The motion carried. (Ordinance No. 001‐18) B. Adoption of a Resolution Approving the Memorandums of Understanding with Teamsters Local 589 for Medical Benefits MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt a resolution, approving the Memorandums of Understanding between the City and the Teamsters. The motion carried. (Resolution No. 016‐18) C. Adoption of a Resolution Approving a Contract with Beard’s Window Covering for the City Hall Window Covering Replacement Page 4 of 136 Minutes of March 27, 2018 Page 3 of 6 MOTION: By Councilmember Chang, seconded by Councilmember Diener, to adopt a Resolution No. 013‐18, thereby approving Contract No. C017‐18 with Beard’s Window Coverings in an amount not to exceed $8,554.32 (applicable taxes included) for the City Hall Window Covering Replacement Project. The motion carried. (Resolution No. 013‐18) D. Adoption of a Resolution Approving a Contract with Department of Commerce for the 2017‐ 2019 Rockwell Park Grant MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt Resolution No. 014‐18, thereby approving Contract No. C030‐18 with the Department of Commerce (Contract No. 18‐96616‐049) and accepting a Local and Community Projects Program grant award of $299,730 for the design, permitting and construction of the 2017‐2019 Rockwell Park. The motion carried. (Resolution No. 014‐18) E. Adoption of a Resolution Approving a Contract with Exeltech Engineering, Inc. for the 2018‐ 2019 Rockwell Park Ad Ready Design and Procurement Documentation MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt Resolution No. 008‐18, thereby approving Contract No. C022‐18 with Exeltech Engineering, Inc. in the amount not to exceed $56,233.61 for the 2018‐2019 Rockwell Park Ad Ready Design and Permitting and documenting the Professional Services procurement procedures pursuant to RCW 39.80. The motion carried. (Resolution No. 008‐18) F. Adoption of a Resolution to Pursue Cost Recovery from the Property Owner for the Abatement of a Dangerous Building at 1398 Canyon Lane Code Enforcement Price spoke to the abatement and cost recovery process. MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to adopt a resolution and accept the abatement report directing that the City attempt to recover the costs from the property owner of record at the time of the abatement. The motion carried. (Resolution No. 017‐18) Page 5 of 136 Minutes of March 27, 2018 Page 4 of 6 G. Approval of Change Order No. 2 to Contract No. 042‐17 with SCJ Alliance for the 2017‐2018 Sedgwick Road (SR 160) and Bethel Road Conceptual Study MOTION: By Councilmember Clauson seconded by Councilmember Ashby, to authorize the Mayor to execute Change Order No. 2 to Contract No. C042‐17 with the SCJ Alliance Consulting Services for the revised total contract amount not to exceed $199,881.00 for the 2017‐2018 Sedgwick Road (SR 160) and Bethel Road Conceptual Corridor Study. The motion carried. H. Approval of a Contract with Tyler Technologies for Software Purchase MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve and authorize the Mayor to execute an agreement with Tyler Technologies for the purchase of software. The motion carried. (Contract No. 033‐18) I. Approval of the March 13, 2018, Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the minutes as amended, for March 13th. Councilmembers Ashby and Cucciardi abstained. The motion carried. Councilmembers Cucciardi and Ashby abstained. J. Update: Review of Code Enforcement Dangerous/Unfit Buildings Mayor Putaansuu provided an update of dangerous and unfit properties that Code Enforcement is working on. In response to Councilmember Rosapepe, Code Enforcement Price discussed the abatement process. Councilmember Cucciardi thanked Code Enforcement Price for working, and staying, on top of this process. 8. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is scheduled to meet April 24th. Councilmember Clauson reported on the March 23rd Finance Committee meeting. Page 6 of 136 Minutes of March 27, 2018 Page 5 of 6 Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet April 9th. Councilmember Lucarelli reported on the March 19th Utilities Committee meeting. The next meeting is scheduled for April 16th. The Sewer Advisory Committee is scheduled to meet April 18th. She reported on the March 19th Chimes and Lights Committee meeting. The next meeting is scheduled for April 16th. Councilmember Diener reported the Land Use Committee is scheduled to meet April 2nd; however, it may be cancelled, and if so, the next meeting would be scheduled for May 7th. Mayor Putaansuu reported on the Council retreat which is scheduled for May 18th. He also reported on the Kitsap Transit Board Composition Review Committee. Councilmember Ashby reported KRCC [Kitsap Regional Coordinating Council] is working on transportation funding and PSRC [Puget Sound Regional Council] approved regional centers. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following:  Engineering Tech II position; MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to Adjust the Wage for the Engineering Tech II position by increasing it by $1.25 and Change the Title to Engineering Tech III. The motion carried.  Promoting the City’s Utilities and Public Works Manager;  Website analytics;  Community Service Day;  Opportunity zones;  Update on 640 Bay Street; and  Possible town hall meeting on May 29th regarding single use plastic bags. 10. REPORT OF DEPARTMENT HEADS Finance Director Crocker reported on addressing the City’s non‐union employees to make sure they are offered the same benefits as the union employees. HR Coordinator Howard reported on employment opportunities with the City. Page 7 of 136 Minutes of March 27, 2018 Page 6 of 6 11. CITIZENS COMMENTS Gerry Harmon has concerns regarding Code Enforcement Price’s comments on the Kitsap Street house zoning discussed earlier in the meeting. 12. EXECUTIVE SESSION At 8:15 p.m., Mayor Putaansuu recessed the meeting for a 10‐minute executive session to discuss potential litigation pursuant to RCW 42.30.110(2)(a). City Attorney Cates, Public Works Director Dorsey, and Finance Director Crocker were invited to attend. At 8:25 p.m., Mayor Putaansuu extended the executive session an additional 5 minutes. At 8:30 p.m., Mayor Putaansuu reconvened Council back into regular session. 13. ADJOURNMENT The meeting adjourned at 8:30 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 8 of 136 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: April 10, 2018 Subject: Adoption of a Resolution Approving Prepared by: Deborah Howard Medical Benefits for Non‐Union HR Coordinator Represented Executive Exempt and Atty Routing No: NA Non‐Exempt Employees Atty Review Date: NA Summary: AWC will no longer offer Health First and Group Health $10 copay beginning January 1, 2018. The following is a change that is recommended by the City Council to match the Union Contracts over a suitable alternative health insurance plan for non‐union represented employees. The City has secured alternative health insurance from AWC to cover City employees called the Health First 250 Plan and Kaiser Permanente 200, which are very similar, but not identical, to Health First and Group Health $10 copay; and, 1. For non‐union represented Executive Exempt and Non Exempt employees who enroll in the Kaiser Permanente 200 health care plan as of January 1, 2018, a one‐time payment into the employee’s HRA/VEBA account of: (a) two hundred dollars ($200) if the employee enrolls in an employee‐only plan; or (b) four hundred dollars ($400) if the employee enrolls in an employee plus spouse/dependent(s) plan, to address the new health care plan deductible; 2. For non‐union represented Executive Exempt and Non Exempt employees who enroll in the Health First 250 health care plan as of January 1, 2018, a one‐time payment into the employee’s HRA/VEBA account of: (a) two hundred and fifty dollars ($250) if the employee enrolls in an employee‐ only plan; or (b) up to seven hundred and fifty dollars ($750) if the employee enrolls in an employee plus spouse/dependent(s) plan, to address the new health care plan deductible; 3. For non‐union represented Executive Exempt and Non‐Exempt employees who enroll in the Health First 250 or Kaiser Permanente 200 health care plans as of January 1, 2018, a one‐time payment $150 into the employee’s HRA/VEBA account to address additional medical impacts of the health insurance plan change. Recommendation: The Council Finance Committee recommends adoption of a Resolution approving the employee medical benefits for non‐union represented Executive Exempt and nonexempt employees to match the medical benefits reflected in the union contracts. Relationship to Comprehensive Plan: None. Page 9 of 136 Staff Report 7A Page 2 of 2 Motion for Consideration: I move to adopt Resolution ‐18 to approve the employee medical benefits for non‐union represented Executive Exempt and nonexempt employees to match the medical benefits reflected in the union contracts. Fiscal Impact: Changes are within currently budgeted wage and benefit amounts. Alternatives: Not approve this request. Attachments: Resolution. Page 10 of 136 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING CERTAIN EMPLOYEE MEDICAL HEALTH BENEFITS FOR NON‐UNION REPRESENTED EMPLOYEES CLASSIFIED AS FLSA EXECUTIVE EXEMPT AND NOT EXEMPT. WHEREAS, AWC will no longer offer Health First and Group Health $10 copay beginning January 1, 2018. The following is a change that is recommended by the City Council to match the Union Contracts over a suitable alternative health insurance plan for non‐union represented employees; and WHEREAS, The City has secured alternative health insurance from AWC to cover City employees called the Health First 250 Plan and Kaiser Permanente 200, which are very similar, but not identical, to Health First and Group Health $10 copay; and, 1. For non‐union represented Executive Exempt and Non Exempt employees who enroll in the Kaiser Permanente 200 health care plan as of January 1, 2018, a one‐time payment into the employee’s HRA/VEBA account of: (a) two hundred dollars ($200) if the employee enrolls in an employee‐only plan; or (b) four hundred dollars ($400) if the employee enrolls in an employee plus spouse/dependent(s) plan, to address the new health care plan deductible; 2. For non‐union represented Executive Exempt and Non Exempt employees who enroll in the Health First 250 health care plan as of January 1, 2018, a one‐time payment into the employee’s HRA/VEBA account of: (a) two hundred and fifty dollars ($250) if the employee enrolls in an employee‐only plan; or (b) up to seven hundred and fifty dollars ($750) if the employee enrolls in an employee plus spouse/dependent(s) plan, to address the new health care plan deductible; 3. For non‐union represented Executive Exempt and Non‐Exempt employees who enroll in the Health First 250 or Kaiser Permanente 200 health care plans as of January 1, 2018, a one‐time payment $150 into the employee’s HRA/VEBA account to address additional medical impacts of the health insurance plan change; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: the City Council deems it in the best interest of the City to review and update employee benefits and has determined it is appropriate to provide the non‐union represented Executive Exempt and non‐exempt employees the same Medical Benefits as the represented employees; now, therefore, Page 11 of 136 Resolution No. __ Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 10th day of April 2018. _____________________________________ Robert Putaansuu, Mayor ATTESTED: _____________________________________ Brandy Rinearson, MMC, City Clerk Page 12 of 136 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: April 10, 2018 Subject: Adoption of a Resolution Approving the Prepared by: Mark R. Dorsey, P.E. Job Description and Salary Scale for the Public Works Director Public Works Utilities/Facilities Operations Atty Routing No.: NA Manager Atty Review Date: NA Summary: The Public Works/Engineering Department requested a review of the current Water/Sewer Utility Manager Job Description and Salary Scale. Upon the completion of that review, it was determined that to bring the current position commensurate with the new responsibilities and to improve the City’s compensation structure, a new Job Description and Salary Scale is warranted. Therefore, a new positon was reviewed by the Finance Committee on March 22, 2018, and it was agreed that the current Water/Sewer Utility Manager position be revised to the Public Works Utilities/Facilities Operations Manager with Job Description and Salary Scale, starting at the Year‐1 Level, commensurate with those new responsibilities. Recommendation: The Finance Committee recommends approval of adoption of Resolution No. 015‐18, thereby approving a new Job Description and Salary Scale, starting at the Year‐1 Level, reflecting the Public Works Utilities/Facilities Operations Manager position within Public Works/Engineering Department. Relationship to Comprehensive Plan: None Motion for Consideration: I move to adopt a Resolution, thereby approving a new Job Description and Salary Scale, starting at the Year‐1 Level, reflecting the Public Works Utilities/Facilities Operations Manager position within Public Works/Engineering Department. Fiscal Impact: A budget amendment may be required for the increased wage and benefit amounts. Alternatives: Do not approve this request. Attachments: Resolution, Job Description, and Salary Scale. Page 13 of 136 This Page Intentionally Left Blank Page 14 of 136 JOB DESCRIPTION: PUBLIC WORKS EMPLOYEE – Public Works Supervisor/Water System Manager 2017 PAGE 1 OF 5 CCIITTYY OOFF PPOORRTT OORRCCHHAARRDD JJOOBB DDEESSCCRRIIPPTTIIOONN Job Title: Utilities/Facilities Operations Manager FLSA: Exempt Civil Service: Exempt Department: Public Works Department Reports To: Public Works Director/City Engineer The position of Utilities and Facilities Operations Manager is a full-time position. It is anticipated that the utilities and Facilities Operations Manager will be required to attend meetings, other than during normal work hours and may be called back to work before or after regularly scheduled work hours or on scheduled days off as needed. Major Function and Purpose The primary function of the Utilities and Facilities Operations Manager will be to perform managerial responsibilities and coordinate resources in maintenance, and operational activities for roads, water, sewer, storm water, parks, utility and wastewater operations and municipal facilities. Responsibilities may include planning long-range improvements, overseeing budgets, allocating resources, administering contracts and permits, coordinating contractors, and overseeing operations. The Utilities and Facilities Operations Manager will also supervise and/or coordinate the routine maintenance and new construction of all water system improvements for the City, as well as providing initial plan review and oversight for the construction of private development improvements within the City. The Utilities and Facilities Operations Manager will also assist the Public Works Director/City Engineer in preparing water system grants. General Function Employees assigned to this job classification are responsible for the oversight of the Public Works Shop and mentoring of the Public Works Foreman to complete general administration, daily operations, maintenance, and construction project review AND nspections in a timely and cost- effective manner Responsibility also includes oversight City’s mandatory compliance and administration of the National Pollutant Discharge Elimination System (NPDES) – Phase 2 Permit through the supervision of the Storm Water Manager. Work is performed with considerable independence under the direction of the Public Works Director/City Engineer. The Public Works Director/City Engineer and Utilities and Facilities Operations Manager will evaluate work for both quality and timeliness of completed projects through reports, observations and results obtained. The Utilities and Facilities Operations Manager will also participate/coordinate with the Mayor and Council Committees as needed and will work with the Public Work Director/City Engineer on the management of long range and immediate Public Works Utilities goals, scope, budget and final product. Page 15 of 136 JOB DESCRIPTION: PUBLIC WORKS EMPLOYEE – PW Supervisor/Water System Manager 2017 PAGE 2 OF 5 Supervision Responsibilities Under the supervision of the Public Works Director/City Engineer, the Utilities and Facilities Operations Manager will organize and supervise the Public Works Foreman and Storm Water Program Manager within the Public Works and Engineering Department. All work shall be consistent with pertinent State and Federal rules and City ordinances and policies. Job Duties and Responsibilities This job description reflects general details as necessary to describe the principal functions of this job, the level of knowledge and skill typically required, and the scope of responsibility, but should not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as assign, including working in other function areas to cover absences or relief, to equalize peak work periods, or to otherwise balance the work load. Specific duties and responsibilities include, but are not limited to:  Prepare the annual work program and budget, including short and long term planning and scheduling; coordinate all work and functions of the maintenance and operations of the City’s infrastructure.  Provide general oversight, coordination and/or mentoring of the Public Works Foreman for the daily operation and maintenance of the City’s public utilities (water system, sanitary sewer system and storm drainage system), public streets (roads, sidewalks, pavement marking, signage, illumination, etc.) and Public Parks/Facilities, as needed.  Implement maintenance and repair schedules and projects for water/facility/grounds, wastewater and storm water transmission and distribution infrastructure, equipment and systems.  Establish and direct the preventative maintenance program for City-owned buildings and parks; determines by inspection the need and feasibility of major repairs for replacement of parts of equipment or facilities.  Oversight in the proper inventory levels to ensure the availability of equipment and materials to meet current and anticipated operating requirement of materials and parts for maintenance and repair work.  Provide coordination as needed between the Public Works Foreman and the Permit Center (as needed) for water, sanitary sewer, storm drainage and street system plan review (private and public) comments/redlines.  Manage the general administration, daily operation and maintenance of the City’s water system(s) and including the attendance of Utility Committee and/or City Council meetings as requested.  Prepare and submit all required Project Reports and documentation to the Department of Health, Department of Ecology and all other Agencies in which the City is requite to report.  Assist in the planning and implementation of the City’s water and sewers System Plan compliance and capital projects. Page 16 of 136 JOB DESCRIPTION: PUBLIC WORKS EMPLOYEE – PW Supervisor/Water System Manager 2017 PAGE 3 OF 5  Provide water and sanitary sewer system availability (through concurrency review) and feasibility information to project proponents as needed.  Coordinate and/or oversee Inspections for both City and Non-City (private development) utility projects in progress.  Prepare and maintain records and reports and monitor work program budget; report variances in expenditure levels, ensure expenditures conform to budgeted amounts and take corrective actions. Advise the Public Works Director to ensure that work is accomplished efficiently, advise on maintenance and operation issues.  Assist the Public Works Director/City Engineer as needed in the coordination of activities of the Public Works Department with other Departments within the City.  Implement and direct operating, personnel safety, performance standards and financial policies and procedures of supervised personnel.  Manage staff priorities, assigns and monitor work/projects; oversight of employee development, performance management, ensures resources are available for the operations, discipline and the hiring and selections process.  Coordinate and/or participate in various water system activities, including but not limited to: o General water system oversight (operations and maintenance) o Installation of water pipe and water system appurtenances (valves, hydrants, etc.) o Water system repair projects o Water meter reading and water meter maintenance o Water pumps Knowledge, Skills and Abilities While requirements may be representative of minimum levels of knowledge, skills and abilities, to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently:  Demonstrated knowledge of the methods, procedures and equipment used in the day-to- day operations, repair and maintenance of the City’s water, sanitary sewer and storm drainage system(s), and the City’s parks and facilities improvements as well.  Demonstrated knowledge in the general administration, reporting, daily operations, maintenance/repairs and budgeting oversight as required for Water System Plan compliance.  Demonstrated knowledge of principles of management and supervision.  Demonstrated knowledge of the occupational hazards and safety precautions applicable to public works projects.  Demonstrated skill in effective communication both oral and written, sufficient to exchange Page 17 of 136 JOB DESCRIPTION: PUBLIC WORKS EMPLOYEE – PW Supervisor/Water System Manager 2017 PAGE 4 OF 5 or convey information and to receive or provide work direction.  Demonstrated knowledge of compliance with local, Washington State and federal environmental laws and regulations  Ability to: o Oversee the operation of a public utility system in compliance with DOH and DOE requirements o Maintain records and prepare work reports o Gauge project progress and recommend adjustments to meet deadlines or adapt to changing conditions in the field o Comprehend technical instructions and repair manuals o Effectively supervise ,train and evaluate the work of assigned personnel o Deal courteously and tactfully with the public. o Establish and maintain effective working relations with subordinates, superiors, other department personnel and the public o Review project plans o Effectively coordinate, perform and complete multiple duties and tasks concurrently and in a timely manner Contacts and Relationships Requirements in this position include contact with and directing the work activities of other City personnel. The Utilities and Facilities Operations Manager must also be able to deal with the general public for the effective coordination of work and for resolving problems, as well as coordination with State Department of Health and Ecology staff. Working Conditions Work is performed both indoors and outdoors. Employee may need to work in confined spaces and will be required to work on ladders, inclines, and in noisy work areas. He/she may be exposed to extremes in temperature, chemicals, or noxious fumes. Employee may be required to wear protective clothing or equipment in the performance of duties. All employees who are required to have and maintain a CDL are subject to Drug and Alcohol Testing as mandated by the Federal Omnibus Transportation Act of 1991 and the Drug Free Workplace Act of 1989. Physical Requirements The Employee must have the overall stamina and ability to perform moderate to strenuous physical activity, including the ability to stand or walk for long periods of time, traversing rough terrain, working in or over water, working at heights or on scaffolding, and lifting or carrying up to 50 pounds. Job requirements may include the ability to climb up to 20 feet off the ground; bend and/or work in tight or confined areas. The incumbent must be able to hear alarms and have the ability to audibly identify the presence of a danger or hazard. Recruiting Requirements  Valid Washington State driver's license  A driving record acceptable to the City’s insurance carrier  Bachelor’s Degree  Approximately 5 years of responsible experience at an equivalent level  Approximately 5 years' experience as a water system operator or supervisor in a work Page 18 of 136 JOB DESCRIPTION: PUBLIC WORKS EMPLOYEE – PW Supervisor/Water System Manager 2017 PAGE 5 OF 5 environment similar to a municipal public works department  Possession of Water Distribution Manager 2 Certification from the Washington State Department of Health  Possession of a Water Treatment Operator 1 Certification from the Washington State Department of Health (desired.)  Cross Connect Specialist Certification  All city employees must successfully pass pre-employment Drug and Alcohol Testing as prescribed by the City's Drug and Alcohol Testing Policy Experience and Training Any combination of experience and training that provides the desired skills, knowledge and abilities. Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and requirements of the job change. Page 19 of 136 Proposed Utility/Facility Operations Manager Hourly After 5 years 51.02 After 4 years 49.77 After 3 years 48.56 After 2 years 47.37 After 1 year 46.22 After 6 months 45.09 First six months 43.99 Page 20 of 136 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: April 10, 2018 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Neptune Marine LLC for Public Works Director the McCormick Village Park Phase 2 Atty Routing No.: N/A Project and Documenting Procurement Atty Review Date: N/A Procedures Summary: On January 26th and February 2nd 2018, and again on February 16th and 23rd 2018, the City’s Public Works Department advertised in the Port Orchard Independent, the City’s Webpage and the Daily Journal of Commerce, and uploaded the Bid Documents to the Washington Builder’s Exchange. By the March 2nd, 2018 Bid Due Date at 3:00 PM, the City received and opened six (6) Sealed Bids for the 2018‐2019 McCormick Village Park – Phase 2 Construction Project. On March 6, 2018, the Bid results were protested, based upon the value of the Bids being in excess of $1M and that the City’s Contract Documents did not specifically request a ‘Subcontractor List’ pursuant to RCW 39.30, therefore, the City’s Public Works Department provided a ‘Notice of Rejection of All Bids’ for the McCormick Village Park – Phase 2 Construction Project on the City’s Webpage, on the Washington Builder’s Exchange and to the listed Plan Holders. Therefore, on March 16, 2018, the City’s Public Works Department once again advertised in the Port Orchard Independent, the City’s Webpage, and the Daily Journal of Commerce, and uploaded the Bid Documents to the Washington Builder’s Exchange. By the new March 30, 2018 Bid Due Date at 2:00 PM, the City received and opened four (4) Sealed Bids (applicable tax included) for the 2018‐2019 McCormick Village Park – Phase 2 Construction Project as follows: Engineers Estimate $1,390,840.00 Tapani, Inc. $1,551,446.60 WS Contractors $1,495,554.12 ACI $1,398,397.99 Neptune Marine LLC $1,321,031.82 In general summary, the Sealed Bids received range from the apparent low of $1,321,031.82 to the apparent high of $1,551,446.60, with the Engineers Estimate at $1,390,840.00. Following the completion of the City’s Public Works Department MRSC Mandatory Bidder Responsibility Checklist, it was determined that Neptune Marine LLC provided the lowest responsive and qualified Bid Proposal of $1,321,031.82 for the 2018‐2019 McCormick Village Park – Phase 2 Construction Project. Relationship to Comprehensive Plan: Project 2‐ Chapter 4: Parks. Page 21 of 136 Staff Report 7C Page 2 of 2 Recommendation: Staff recommends that the City Council adopt a Resolution, thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $1,321,031.82 (applicable taxes included) for the 2018‐2019 McCormick Village Park – Phase 2 Construction Project. Motion for Consideration: I move to adopt a Resolution, thereby approving a Contract with Neptune Marine LLC in an amount not to exceed $1,321,031.82 (applicable taxes included) for the 2018‐2019 McCormick Village Park – Phase 2 Construction Project. Fiscal Impact: Funding from Capital Construction Fund 302 at $961,450. A budget amendment will be required. Alternatives: Do not approve. Attachments: Resolution and Contract. Page 22 of 136 RESOLUTION NO. ___ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C013‐18 WITH NEPTUNE MARINE LLC FOR THE MCCORMICK VILLAGE PARK PHASE 2 PROJECT ‐ CONSTRUCTION PHASE AND DOCUMENTING THE PROCUREMENT PROCEDURES. WHEREAS, on January 26, 2018 and February 2, 2018, the City’s Public Works Department Advertised in the Port Orchard Independent, the City’s Webpage, the Daily Journal of Commerce and uploaded the Bid Documents to the Washington Builder’s Exchange, with a February 16, 2018 Bid Due Date; and WHEREAS, via Addendum #2 and #3, given the abundance of last minute Requests for Information (RFI’s), the published Bid Due Date was first extended from February 16, 2018 to February 23, 2018 and then to March 2, 2018; and WHEREAS, on March 2, 2018 by the 3:00 PM Bid deadline, the City Clerk received and opened four (4) Sealed Bids, with Neptune Marine LLC determined initially to be the apparent responsive Low Bid; and WHEREAS, on March 6, 2018, the Bid results were protested, based upon the value of the Bids being in excess of $1M and that the City’s Contract Documents did not specifically request a ‘Subcontractor List’ pursuant to RCW 39.30.060), therefore, the City’s Public Works Department provided a ‘Notice of Rejection of All Bids’ for the McCormick Village Park – Phase 2 Construction Project 1) on the City’s Webpage, 2) on the Washington Builder’s Exchange 3) and to the listed Plan Holders; and WHEREAS, on March 16, 2018, the City’s Public Works Department on again Advertised in the Port Orchard Independent, the City’s Webpage, the Daily Journal of Commerce and uploaded the Bid Documents to the Washington Builder’s Exchange, with a March 30, 2018 2:00 PM Bid Due Date, whereby Neptune Marine LLC was determined to be the apparent low responsive bidder; and WHEREAS, on April 4, 2018, upon completion of the Public Works Department MRSC Mandatory Bidder Responsibility Checklist, it was determined that Neptune Marine LLC provided the lowest responsive and qualified Bid Proposal for the McCormick Village Park – Phase 2 Construction Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, Page 23 of 136 Resolution No. ___ Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. 013‐18 with Neptune Marine LLC for the McCormick Village Park – Phase 2 Construction Project and adopts the “Whereas” statements contained herein, as findings in support of the City’s selection and procurement procedures. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 10th day of April, 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 24 of 136 CONTRACT CITY OF PORT ORCHARD McCORMICK VILLAGE PARK PHASE II IMPROVEMENTS CONTRACT NO. C013-18 THIS AGREEMENT made and entered into this April 10, 2018, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, by its City Council and Mayor, hereinafter called the “City,” and, Neptune Marine, LLC, hereinafter called the “Contractor.” WITNESSETH: That the Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, McCORMICK VILLAGE PARK PHASE II IMPROVEMENTS. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor ’s Bid Proposal dated March 30th 2018, attached hereto and incorporated herein by this reference as if set forth in full. The Contract Documents, duly identified, together with the Instructions to Bidders, a confirmed copy of the Proposal made by the Contractor on March 30th 2018, and the 2018 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, as modified by Amendments and Special Provisions, are hereby made a part of this Contract and are mutually cooperative therewith. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 120 working days after the Notice to Proceed Date. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly convents and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT specification, for each and every working day said work is not complete beyond the time shown in the Proposal. Contractor understands that his bid response documents and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to be disclosed upon a request. Contractor acknowledges that he has advised to mark any records believed to be trade secrets or confidential in nature as “confidential.” If records marked as “confidential” are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City. Page 25 of 136 With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of __________________________________ Dollars ($____________) with ____________________ as Surety, to insure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. In the event of litigation, venue shall be within Kitsap County, Washington. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF PORT ORCHARD By: Robert Putaansuu, Mayor CONTRACTOR By: Title: Address: ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney Page 26 of 136 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD MCCORMICK VILLAGE PARK PHASE II IMPROVEMENTS CONTRACT No. C013-18 Bond to City of Port Orchard, Washington Bond No. _____________ We,___________________________________,and__________________________________ (Principal) (Surety) a _________________________________ Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of _________________________________________________________ Dollars ($_________________), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated_____________, 20___, between Principal and Owner for a project entitled McCormick Village Park Phase II Improvements – Public Works Project No. PW2018-008 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum. Page 27 of 136 No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. ___________________________________ Principal Surety Signature of Authorized Official Signature of Authorized Official By Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Page 28 of 136 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes): ⌂ _______________________ of __________________________________, the corporation, ⌂ _______________________ of __________________________________, the partnership, ⌂ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said ⌂ corporation, ⌂ partnership, ⌂ individual for the uses and purposes therein mentioned, and on oath stated that ⌂ he ⌂she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp Page 29 of 136 SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared___________________, to me known to be the _____________________________ of________________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ⌂ he ⌂ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ___________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp Page 30 of 136 CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND Project #: Surety Bond #: Date Posted: Expiration Date: RE: Project Name: McCORMICK VILLAGE PARK PHASE II IMPROVEMENTS Owner/Developer/Contractor: Project Address: 3201 SW Old Clifton Road, Port Orchard, WA 98367 KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above- referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on Page 31 of 136 which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including Page 32 of 136 reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20__. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By: Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE ______Individual (Form P-1) ______Corporation (Form P-2) ______Surety Company (Form P-2) Page 33 of 136 FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 34 of 136 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 35 of 136 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 36 of 136 Page 37 of 136 Page 38 of 136 Page 39 of 136 Page 40 of 136 Page 41 of 136 Page 42 of 136 Page 43 of 136 Page 44 of 136 Page 45 of 136 Page 46 of 136 Page 47 of 136 Page 48 of 136 Page 49 of 136 Page 50 of 136 Page 51 of 136 Page 52 of 136 Page 53 of 136 Page 54 of 136 Page 55 of 136 Page 56 of 136 Page 57 of 136 Page 58 of 136 Page 59 of 136 Page 60 of 136 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: April 10, 2018 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with JMG Constructors, LLC Public Works Director for the Well No. 9 Water Quality Retrofit Atty Routing No: N/A Project and Documenting Procurement Atty Review Date: N/A Procedures Summary: On January 19th and 26th 2018, and again on February 16th and 23rd 2018, upon receiving approval from the Washington State Department of Health (DOH), the City’s Public Works Department advertised in the Port Orchard Independent, the City’s Webpage and the Daily Journal of Commerce, and uploaded the Bid Documents to the Washington Builder’s Exchange. By the March 2nd, 2018 Bid Due Date at 2:00 PM, the City received and opened twelve (12) Sealed Bids for the 2018‐2019 Well No. 9 Water Quality Retrofit Project – Construction Phase. On March 6, 2018, given that the Bid Opening results for a similar project also opened on March 2, 2018 (McCormick Village – Phase2) were protested, based upon the value of the Bids being in excess of $1M and that the City’s Contract Documents did not specifically request a ‘Subcontractor List’ pursuant to RCW 39.30, the City’s Public Works Department provided a ‘Notice of Rejection of All Bids’ for the Well No. 9 Water Quality Retrofit Project on the City’s Webpage, on the Washington Builder’s Exchange and to the listed Plan Holders for the Well No. 9 Water Quality Retrofit Project. On March 7, 2018, the City did receive a Bid Rejection Protest letter by Award Construction, Inc., which was subsequently reviewed by the City Attorney and MRSC, and responded to on March 8, 2018 with a denial. Therefore, on March 16, 2018, the City’s Public Works Department once again advertised in the Port Orchard Independent, the City’s Webpage, and the Daily Journal of Commerce, and uploaded the Bid Documents to the Washington Builder’s Exchange. By the new March 30, 2018 Bid Due Date at 1:00 PM, the City received and opened two (2) Sealed Bids (applicable tax included) for the 2018‐2019 Well No. 9 Water Quality Retrofit Project – Construction Phase as follows: Engineers Estimate $1,570,581.00 JMG Constructors, LLC $1,838,252.30 McClure and Sons, Inc. $1,882,693.78 In general summary, the Sealed Bids received range from the apparent low of $1,838,252.30 to the apparent high of $1,882,693.78, with the Engineers Estimate at $1,570,581.00. The primary reason for the disparity between the Engineer’s Estimate and the Bids received was the security‐related upgrade to the fencing specifications. Following the completion of the City’s Public Works Department MRSC Mandatory Bidder Responsibility Checklist, it was determined that JMG Constructors, LLC provided the lowest responsive and qualified Bid Proposal of $1,838,252.30 for the 2018‐2019 Well No. 9 Water Quality Retrofit Project. Page 61 of 136 Staff Report Page 2 of 2 Relationship to Comprehensive Plan: Project 5 ‐ Chapter 7: Utilities. Recommendation: Staff recommends that the City Council adopt a Resolution, thereby approving a Contract with JMG Constructors, LLC in an amount not to exceed $1,838,252.30 (applicable taxes included) for the 2018‐2019 Well No. 9 Water Quality Retrofit Project. Motion for Consideration: I move to adopt a Resolution, thereby approving a Contract with JMG Constructors, LLC in an amount not to exceed $1,838,252.30 (applicable taxes included) for the 2018‐ 2019 Well No. 9 Water Quality Retrofit Project. Fiscal Impact: Funding from Water‐Sewer Utility Fund 401 at $1.6M. A budget amendment will be required. Alternatives: Do not approve. Attachments: Resolution and Contract. Page 62 of 136 RESOLUTION NO. 009‐18 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C015‐18 WITH JMG CONSTRUCTIORS, LLC FOR THE WELL NO. 9 WATER QUALITY RETROFIT PROJECT ‐ CONSTRUCTION PHASE AND DOCUMENTING THE PROCUREMENT PROCEDURES. WHEREAS, on January 19, 2018 and January 26, 2018, upon receiving approval from the Washington State Department of Health, the City’s Public Works Department Advertised in the Port Orchard Independent, the City’s Webpage, the Daily Journal of Commerce and uploaded the Bid Documents to the Washington Builder’s Exchange, with a February 16, 2018 Bid Due Date; and WHEREAS, via Addendum #3 and #4, given the abundance of last minute Requests for Information (RFI’s), the published Bid Due Date was first extended from February 16, 2018 to February 23, 2018 and then to March 2, 2018; and WHEREAS, on March 2, 2018 by the 2:00 PM Bid deadline, the City Clerk received and opened twelve (12) Sealed Bids, with Gary Harper Construction, Inc. determined initially to be the apparent responsive Low Bid; and WHEREAS, on March 6, 2018, given that the Bid Opening results for a similar project (McCormick Village Park – Phase 2) that also opened on March 2, 2018 was protested, based upon the value of the Bids being in excess of $1M and that the City’s Contract Documents did not specifically request a ‘Subcontractor List’ pursuant to RCW 39.30.060), the City’s Public Works Department provided a ‘Notice of Rejection of All Bids’ for the Well No. 9 Water Quality Retrofit Project 1) on the City’s Webpage, 2) on the Washington Builder’s Exchange and 3) to the listed Plan Holders; and WHEREAS, on March 7, 2018, the City did receive a Bid Rejection Protest letter by Award Construction, Inc., which was subsequently reviewed by the City Attorney and MRSC, and responded to on March 8, 2018 with a denial; and WHEREAS, on March 16, 2018, the City’s Public Works Department again Advertised in the Port Orchard Independent, the City’s Webpage, the Daily Journal of Commerce and uploaded the Bid Documents to the Washington Builder’s Exchange, with a March 30, 2018, 1:00 pm Bid Due Date, whereby JMG Constructors, LLC was determined to be the apparent low responsive bidder; and WHEREAS, on April 4, 2018, upon completion of the Public Works Department MRSC Mandatory Bidder Responsibility Checklist, it was determined that JMG Constructors, LLC provided the lowest responsive and qualified Bid Proposal for the Well No. 9 Water Quality Retrofit Project; and Page 63 of 136 Resolution No. __ Page 2 of 2 WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves Contract No. 015‐18 with JMG Constructors, LLC for the Well No. 9 Water Quality Retrofit Project ‐ Construction Phase and adopts the “Whereas” statements contained herein, as findings in support of the City’s selection and procurement procedures. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 10th day of April, 2018. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk Page 64 of 136 SELECTION OF RETAINAGE OPTION CITY OF PORT ORCHARD WELL NO. 9 WATER QUALITY RETROFIT PROJECT CONTRACT NO. C015-18 Contract/Purchase Order Number: _________________________________________________________ Pursuant to RCW 60.28.011, five percent (5%) of all monies earned by the Contractor on estimates during the progress of the work shall be retained by the City for the purposes mentioned in said statute. The Contractor elects to have these monies (check one): Retained in a fund by the Owner until sixty (60) days following the final acceptance of said improvement or work is completed; Deposited by the Owner in an interest bearing account in a bank, mutual savings bank, or savings and loan association, not subject to withdrawal until after the final acceptance of said improvement or work is completed, or until agreed to by both parties: Provided that interest on such account shall be paid to the Contractor; or Placed in escrow with a bank or trust company by the Owner until sixty (60) days following the final acceptance of said improvement or work is completed. When the monies reserved are to be placed in escrow, the Owner shall issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the Owner and such bonds and securities shall be held in escrow. Interest on such bonds and securities shall be paid to the Contractor as the said interest accrues. Contractor hereby further agrees to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statue. The City of Port Orchard shall not be liable in any way for any cost or fees in connection therewith. Name of Financial Institution Address of Financial Institution City, State, Zip Code of Financial Institution Escrow Account Number Contractor’s Signature Date Page 65 of 136 CONTRACT CITY OF PORT ORCHARD WELL NO. 9 WATER QUALITY RETROFIT PROJECT CONTRACT NO. C015-18 THIS AGREEMENT made and entered into this April 10, 2018, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, by its City Council and Mayor, hereinafter called the “City,” and JMG Constructors, hereinafter called the “Contractor.” WITNESSETH: That the Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, Well No. 9 Water Quality Retrofit Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor’s Bid Proposal dated March 30th 2018, attached hereto and incorporated herein by this reference as if set forth in full. The Contract Documents, duly identified, together with the Instructions to Bidders, a confirmed copy of the Proposal made by the Contractor on March 30th 2018, and the 2016 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, as modified by Amendments and Special Provisions, are hereby made a part of this Contract and are mutually cooperative therewith. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 250 working days after the Notice to Proceed Date. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly convents and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT specification, for each and every working day said work is not complete beyond the time shown in the Proposal. Contractor understands that his bid response documents and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to be disclosed upon a request. Contractor acknowledges that he has advised to mark any records believed to be trade secrets or confidential in nature as “confidential.” If records marked as “confidential” are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion and without notice by the City. Page 66 of 136 With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of __________________________________ Dollars ($____________) with ____________________ as Surety, to insure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. In the event of litigation, venue shall be within Kitsap County, Washington. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF PORT ORCHARD By: Robert Putaansuu, Mayor CONTRACTOR By: Title: Address: ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney Page 67 of 136 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD WELL NO. 9 WATER QUALITY RETROFIT PROJECT PW PROJECT NO. PW-2018-007 BOND TO CITY OF PORT ORCHARD, WASHINGTON Bond No. _____________________ We,___________________________________,and____________________________________ (Principal) (Surety) a _________________________________ Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of _________________________________________________________ Dollars ($_________________), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated_____________, 20___, between Principal and Owner for a project entitled Well No. 9 Water Quality Retrofit Design, No. PW-2018-007 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Page 68 of 136 Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. ___________________________________ Principal Surety Signature of Authorized Official Signature of Authorized Official By Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Page 69 of 136 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes): _______________________ of __________________________________, the corporation, _______________________ of __________________________________, the partnership, _______________________ of __________________________________, the individual, that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, partnership, individual for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Page 70 of 136 WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp Page 71 of 136 SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared___________________, to me known to be the _____________________________ of________________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ⌂ he ⌂ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ___________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp Page 72 of 136 MAINTENANCE/WARRANTY BOND CITY OF PORT ORCHARD Project #: Surety Bond #: Date Posted: Expiration Date: RE: Project Name: Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) Page 73 of 136 B. The Principal and Surety agree that the work and improvements installed in the above-referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless Page 74 of 136 the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20__. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By: Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE ______Individual (Form P-1) ______Corporation (Form P-2) ______Surety Company (Form P-2) Page 75 of 136 FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 76 of 136 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ______________________________ ___________________________________ ___________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: _____________ Page 77 of 136 FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _____________________________ ___________________________________ ____________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: ______________ Page 78 of 136 Page 79 of 136 Page 80 of 136 Page 81 of 136 Page 82 of 136 Page 83 of 136 Page 84 of 136 Page 85 of 136 Page 86 of 136 Page 87 of 136 Page 88 of 136 Page 89 of 136 Page 90 of 136 Page 91 of 136 Page 92 of 136 Page 93 of 136 Page 94 of 136 Page 95 of 136 Page 96 of 136 Page 97 of 136 This Page Intentionally Left Blank Page 98 of 136 City of Port Orchard Council Meeting Minutes Work Study Session Meeting of March 20, 2018 CALL TO ORDER AND ROLL CALL Mayor Robert 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 Absent Councilmember Cucciardi Present Mayor Pro‐Tem Diener Absent Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, City Clerk Rinearson, and Office Assistant II Whisenant were also present. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. An Ordinance Banning the Retail Sale of Puppies and Kittens from Mill Breeders Community Development Director Bond briefly restated previous Council discussions on the presented ordinance. Councilmember Ashby stated concerns over portions of the presented ordinance, regarding some of its wording. It was reminded that the current Ordinance is to protect all animals, not just puppies and kittens. Mayor, councilmembers, and staff spoke on the focus of banning the sale of pets that come from puppy and kitten mills, changing definitions for clarification, designating an enforcement authority, and identifying which meeting to bring the revised changes. Clarification on banning puppy and kitten mills was designated as a separate issue, restating this ordinance is for banning the sale only. Page 99 of 136 Minutes of March 20, 2018 Page 2 of 3 Council Direction: Staff to revise definitions and add as discussion item to first meeting in April. 2. Initiative and Referendum Mayor Putaansuu recapped the previous discussions held and steps leading to the discussion of Initiative and Referendum. City Attorney Cates explained the MSRC guide, as provided in the packet. Mayor, councilmembers, and staff discussed the process variations between different cities, limitations, budgeting potential ballot costs and staffing needs. Council Direction: Item was tabled. 3. Log Cabin Benches within Right‐of‐Way Mayor Putaansuu informed Council that the Sidney Museum and Arts Association recently added park benches in the City’s unopened right‐of‐way and is seeking permission to secure them to the ground. Mayor, councilmembers, and staff discussed the use of right‐of‐way, donation of benches to the city, and safely installing the benches. Council Direction: Staff is to move forward with installing the benches. Miscellaneous Discussion Public Works Director Dorsey spoke on previous revisions to the right‐of‐way permit process, which has led to requesting a franchise agreement with West Sound Utility District (WSUD). This would be requiring WSUD to obtain a bond for the contractors to access city right‐of‐way. A letter will be sent to WSUD stating no further work to be performed until permit/franchise process is completed. Mayor Putaansuu and Public Works Director Dorsey spoke on the SR 16/Gorst Project and probable outcomes. 4. 2018 Legislative Session Recap Chelsea Hager provided the Council with the 2018 Legislation update, and its potential impact to the next biennium:  Three budgets were adopted; supplemental, capital, and operating transportation;  A record number of bills were introduced;  A political shift could occur in the next election;  Update on McCleary; Page 100 of 136 Minutes of March 20, 2018 Page 3 of 3  City’s legislative priorities ‐ Rockwell Pocket Park, transportation items, and Comprehensive Plan updates; and  Bills passed, potentially impactful to local governments. Mayor, councilmembers, and staff discussed condominium development, Department of Natural Resources regarding funding of boat issues, armory to be utilized by South Kitsap School District, update with the Rockwell Pocket Park, future ribbon cuttings, and Puget Sound Regional Council (PSRC) attempting recognition as a military center. Council Direction: No direction was given. ADJOURNMENT The meeting adjourned at 8:00 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 101 of 136 This Page Intentionally Left Blank Page 102 of 136 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: April 10, 2018 Subject: Ban on Retail Sales of Puppies and Prepared by: Nicholas Bond, AICP Kittens from Mill Breeders DCD Director Atty Routing No.: 027‐18 Atty Review Date: March 22, 2018 Issue: The City has been made aware that a significant number of puppies and kittens sold at pet shops come from large‐scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). The documented abuses endemic to puppy and kitten mills include: over‐breeding; inbreeding; minimal to non‐existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise. The conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until some time has passed after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers. The cities of Bremerton, Bainbridge Island and Poulsbo have recently passed ordinances prohibiting the retail sale of dogs and cats other than those sourced from animal welfare organizations. Port Orchard has received a request to pass an ordinance prohibiting the sale of animals bred in puppy and kitten mills. While no stores in Port Orchard currently sell puppies or kittens from mills, the ordinance will ensure that the sale of puppies and kittens from mills does not occur in the future. The ordinance will not affect a consumer's ability to obtain cats and dogs directly from an animal welfare organization, or from a breeder where the consumer can see directly the conditions in which the cats and dogs are bred. At the direction of the Land Use Committee, the City Attorney drafted an ordinance similar to those adopted by Bremerton, Poulsbo, and Bainbridge Island for consideration. The draft ordinance was reviewed at the March 20 Council work‐study meeting. At the work‐study meeting, Council Members requested several revisions to the proposed language, and the City Attorney prepared a replacement ordinance. The changes would remove the requirements that pet stores offer for sale only pets that have been sourced from animal welfare organizations, that puppies and kittens for sale be at least eight weeks old, and that pet stores shall maintain records on the source of animals sold at the store. Instead, the replacement ordinance simply prohibits the sale of puppies and kittens supplied by puppy or kitten mills, as defined therein. Relationship to Comprehensive Plan: NA Recommendation: Staff recommends that the City Council discuss the ordinance and next steps on the ordinance. Motion for consideration: None suggested. Fiscal Impact: This proposal is not expected to impact the city’s budget. Page 103 of 136 Staff Report 7F Page 2 of 2 Alternatives: Revise the draft ordinance, adopt the ordinance, set a public hearing prior to considering adoption of the ordinance, or table the ordinance. Attachments: Replacement Ordinance (clean and redline versions); Original Work‐Study Ordinance Page 104 of 136 ORDINANCE NO. _______________ (REPLACEMENT ORDINANCE 3/22/2018) AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN SECTIONS OF TITLE 7 (“ANIMALS”) OF THE PORT ORCHARD MUNICIPAL CODE TO PROHIBIT THE SALE OF DOGS AND CATS OBTAINED FROM “PUPPY MILLS” OR “KITTEN MILLS”; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of the City of Port Orchard to amend certain sections of Title 7 of the Port Orchard Municipal Code, entitled “Animals”, to prohibit the sale of dogs and cats obtained from puppy mills or kitten mills, in an effort to reduce costs to the City and its residents, protect the citizens of the City who may purchase dogs and cats from a pet shop, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more healthy and humane environment in the City; and WHEREAS, a significant number of puppies and kittens sold at pet shops come from large‐scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills; and WHEREAS, the documented abuses endemic to puppy and kitten mills include: over‐breeding; inbreeding; minimal to non‐existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise; and WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and WHEREAS, current federal, Washington State, and Kitsap County regulations do not adequately address the sale of animals in pet shops; and WHEREAS, this ordinance will not affect consumers’ ability to obtain dogs and cats from pet shops when those dogs and cats do not originate from puppy mills or kitten mills, or to obtain them directly from an animal welfare organization or from a breeder where Page 105 of 136 Ordinance No. _________ Page 2 of 5 the consumer can see directly the conditions in which the cats and dogs are bred, or can confer directly with the breeder concerning those conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 7.01.010 (“Definitions”) is hereby amended as follows (deleted text in strikethrough; new text in underline): 7.01.010 Definitions. Within the provisions of this title, the following definitions shall apply: (1) “Animal” is a female, spayed female, male or neutered male animal, including any goat, horse, mule, cattle, swine or other domestic livestock used or raised on a farm, and any living vertebrate creature including reptiles or birds and excluding any marine mammals, fish or man. Animal also includes dogs or cats unless specifically excluded. (2) “Animal control authority” means the Kitsap Humane Society or other agency or organization designated as the animal control authority in an animal control services agreement. (3) “Abandonment” means the owner has left the animal for a period of 24 hours without making effective provisions for its proper care. (4) “Adequate shelter” means a moisture proof and wind proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable. (5) “At large” is off the premises of the owner or keeper of the dog, or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person. (6) “Boarding kennel” means a commercial establishment with the purpose of keeping, caring for, and/or boarding dogs and or cats. No animals shall be offered for sale and no breeding for commercial sale shall occur on the premises. (7) “Cat” is a female, spayed female, male, or neutered male cat. (8) “Commercial kennel” means an establishment for the breeding and/or sale of dogs and/or cats. (9) “Court” means Port Orchard municipal court. (10) “Dangerous animal” means any animal that: (a) Inflicts severe injury on a human being without provocation on public or private property; (b) Kills a domestic animal without provocation while the attacking animal is off the owner’s property; or (c) Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and Page 106 of 136 Ordinance No. _________ Page 3 of 5 the animal again aggressively bites, attacks, or endangers the safety of humans. This definition shall not include a police dog as defined in RCW 4.24.410. (11) “Dog” is a female, spayed female, male or neutered male dog. (12) “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. (13) “Domestic livestock” means any male or female hoofed animal. (14) “Grooming parlor” means any place, establishment, store or department of any store, that handles live dogs and/or cats and offers to bathe, trim, or groom the animal in any manner. (15) “Hobby kennel” means a noncommercial residential kennel with the purpose of keeping dogs and or cats owned by one individual. A hobby kennel is limited to a maximum of 10 dogs and/or cats. (16) “Inhumane treatment” means every act, omission, or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted. (17) “Local law enforcement officer” means the police chief or his/her designee. (18) “Mill – puppy or kitten” means a large‐scale, commercial breeding facility for dogs and/or cats in which profit is prioritized over the well being of the animals and/or where the health and welfare of the animals are not adequately provided for. (19) “Neglect” means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well being. (20) "Offer for sale" means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of a live animal. (21) “Owner” is any person or entity that controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities. (22) “Pet shop” is any place, establishment, store, or department of any store, that handles live animals, including dogs, cats, rabbits, birds, reptiles, other fowl, or fish, and offers to sell or rent to the public such animals at retail or wholesale. (23) “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler. (24) “Provocation” means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept. (25) “Potentially dangerous” means an animal that, when unprovoked: (a) Chases or approaches a person upon the streets, sidewalks or any other public grounds in a menacing fashion or apparent attitude of attack; (b) Causes injury to or otherwise threatens the safety of a human or domestic animal; or (c) Inflicts a bite upon a human or domestic animal either on public or Page 107 of 136 Ordinance No. _________ Page 4 of 5 private property. (26) “Secure enclosure” means a chain link enclosure consisting of secure sides and a secure top, or if without top, having sides which are at least eight feet high, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed in such manner that the animal(s) cannot exit on their own. (27) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (28) “Stray” is any animal loitering in a neighborhood or any public place without an apparent owner or home. (29) “Under control” means the animal is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal or from causing or being the cause of physical or property damage when off a leash or off the premises of the owner. (30) The present tense shall include the past and future tenses, and the future, the present. Each gender shall include all genders. The singular number shall include the plural and the singular. Whenever a power is granted to or a duty is imposed upon the humane society, poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to the law by the officer unless this chapter expressly provides otherwise. SECTION 2. Port Orchard Municipal Code Section 7.16.080 (“Operation requirements”) is hereby amended as follows (new text in underline): 7.16.080 Operation requirements. (1) Proper diet, fresh potable water, shelter, and medical attention shall be provided to all animals. (2) Food shall be stored in a fashion, which prevents contamination or infestation. (3) The facilities shall be maintained and operated in a healthful, sanitary manner free from disease, infestation and foul odors. (4) Sick animals shall be isolated from healthy animals in quarters adequately ventilated to prevent contamination of healthy animals. (5) Animals shall receive adequate food, water, and care on days when the facility is not open for business. (6) Animals shall be immunized from disease as is usual and customary for the animal’s age and species. (7) Ownership of animal offered for sale: the owner/manager of the pet shop shall maintain written documentation of the source of all animals offered on consignment or otherwise being sold for compensation at a pet shop. Such Page 108 of 136 Ordinance No. _________ Page 5 of 5 documentation shall include a copy of the valid commercial kennel license for the source at time of breeding and disbursement. Records of all animals, reptiles, fish, or other animals offered for sale shall be readily available to enforcement and licensing agencies. (8) Pet shops are prohibited from offering for sale dogs or cats that have been obtained from a puppy mill or kitten mill, as defined in POMC 7.01.010. 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 _____ day of April 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, CMC, City Clerk Fred Chang, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 109 of 136 ORDINANCE NO. _______________ (REDLINE REPLACEMENT ORDINANCE 3/22/2018) AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN SECTIONS OF TITLE 7 (“ANIMALS”) OF THE PORT ORCHARD MUNICIPAL CODE TO PROHIBIT THE SALE OF DOGS AND CATS OBTAINED FROM “PUPPY MILLS” OR “KITTEN MILLS”; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of the City of Port Orchard to amend certain sections of Title 7 of the Port Orchard Municipal Code, entitled “Animals”, to prohibit the sale of dogs and cats obtained from puppy mills or kitten mills, in an effort to reduce costs to the City and its residents, protect the citizens of the City who may purchase dogs and cats from a pet shop, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more healthy and humane environment in the City; and WHEREAS, a significant number of puppies and kittens sold at pet shops come from large‐scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills; and WHEREAS, the documented abuses endemic to puppy and kitten mills include: over‐breeding; inbreeding; minimal to non‐existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise; and WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and WHEREAS, current federal, Washington State, and Kitsap County regulations do not adequately address the sale of animals in pet shops; and WHEREAS, this ordinance will not affect consumers’ ability to obtain dogs and cats from pet shops when those dogs and cats do not originate from puppy mills or kitten mills, or to obtain them directly from an animal welfare organization or from a breeder where Page 110 of 136 Ordinance No. _________ Page 2 of 5 the consumer can see directly the conditions in which the cats and dogs are bred, or can confer directly with the breeder concerning those conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 7.01.010 (“Definitions”) is hereby amended as follows (deleted text in strikethrough; new text in underline): 7.01.010 Definitions. Within the provisions of this title, the following definitions shall apply: (1) “Animal” is a female, spayed female, male or neutered male animal, including any goat, horse, mule, cattle, swine or other domestic livestock used or raised on a farm, and any living vertebrate creature including reptiles or birds and excluding any marine mammals, fish or man. Animal also includes dogs or cats unless specifically excluded. (2) “Animal control authority” means the Kitsap Humane Society or other agency or organization designated as the animal control authority in an animal control services agreement. (3) “Abandonment” means the owner has left the animal for a period of 24 hours without making effective provisions for its proper care. (4) “Adequate shelter” means a moisture proof and wind proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable. (5) “At large” is off the premises of the owner or keeper of the dog, or animal, and not under restraint by leash or chain or not otherwise controlled by a competent person. (6) “Boarding kennel” means a commercial establishment with the purpose of keeping, caring for, and/or boarding dogs and or cats. No animals shall be offered for sale and no breeding for commercial sale shall occur on the premises. (7) “Cat” is a female, spayed female, male, or neutered male cat. (8) “Commercial kennel” means an establishment for the breeding and/or sale of dogs and/or cats. (9) “Court” means Port Orchard municipal court. (10) “Dangerous animal” means any animal that: (a) Inflicts severe injury on a human being without provocation on public or private property; (b) Kills a domestic animal without provocation while the attacking animal is off the owner’s property; or (c) Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and Page 111 of 136 Ordinance No. _________ Page 3 of 5 the animal again aggressively bites, attacks, or endangers the safety of humans. This definition shall not include a police dog as defined in RCW 4.24.410. (11) “Dog” is a female, spayed female, male or neutered male dog. (12) “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. (13) “Domestic livestock” means any male or female hoofed animal. (14) “Grooming parlor” means any place, establishment, store or department of any store, that handles live dogs and/or cats and offers to bathe, trim, or groom the animal in any manner. (15) “Hobby kennel” means a noncommercial residential kennel with the purpose of keeping dogs and or cats owned by one individual. A hobby kennel is limited to a maximum of 10 dogs and/or cats. (16) “Inhumane treatment” means every act, omission, or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted. (17) “Local law enforcement officer” means the police chief or his/her designee. (18) “Mill – puppy or kitten” means a large‐scale, commercial breeding facility for dogs and/or cats in which profit is prioritized over the well being of the animals and/or where the health and welfare of the animals are not adequately provided for. (1819) “Neglect” means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well being. (20) "Offer for sale" means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of a live animal. (1921) “Owner” is any person or entity that controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal’s activities. (2022) “Pet shop” is any place, establishment, store, or department of any store, that handles live animals, including dogs, cats, rabbits, birds, reptiles, other fowl, or fish, and offers to sell or rent to the public such animals at retail or wholesale. (2123) “Police dog” means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler. (2224) “Provocation” means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept. (2325) “Potentially dangerous” means an animal that, when unprovoked: (a) Chases or approaches a person upon the streets, sidewalks or any other public grounds in a menacing fashion or apparent attitude of attack; (b) Causes injury to or otherwise threatens the safety of a human or domestic animal; or (c) Inflicts a bite upon a human or domestic animal either on public or Page 112 of 136 Ordinance No. _________ Page 4 of 5 private property. (2426) “Secure enclosure” means a chain link enclosure consisting of secure sides and a secure top, or if without top, having sides which are at least eight feet high, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed in such manner that the animal(s) cannot exit on their own. (2527) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (2628) “Stray” is any animal loitering in a neighborhood or any public place without an apparent owner or home. (2729) “Under control” means the animal is under voice and/or signal control so as to be thereby restrained from approaching any bystander or other animal or from causing or being the cause of physical or property damage when off a leash or off the premises of the owner. (2830) The present tense shall include the past and future tenses, and the future, the present. Each gender shall include all genders. The singular number shall include the plural and the singular. Whenever a power is granted to or a duty is imposed upon the humane society, poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to the law by the officer unless this chapter expressly provides otherwise. SECTION 2. Port Orchard Municipal Code Section 7.16.080 (“Operation requirements”) is hereby amended as follows (new text in underline): 7.16.080 Operation requirements. (1) Proper diet, fresh potable water, shelter, and medical attention shall be provided to all animals. (2) Food shall be stored in a fashion, which prevents contamination or infestation. (3) The facilities shall be maintained and operated in a healthful, sanitary manner free from disease, infestation and foul odors. (4) Sick animals shall be isolated from healthy animals in quarters adequately ventilated to prevent contamination of healthy animals. (5) Animals shall receive adequate food, water, and care on days when the facility is not open for business. (6) Animals shall be immunized from disease as is usual and customary for the animal’s age and species. (7) Ownership of animal offered for sale: the owner/manager of the pet shop shall maintain written documentation of the source of all animals offered on consignment or otherwise being sold for compensation at a pet shop. Such Page 113 of 136 Ordinance No. _________ Page 5 of 5 documentation shall include a copy of the valid commercial kennel license for the source at time of breeding and disbursement. Records of all animals, reptiles, fish, or other animals offered for sale shall be readily available to enforcement and licensing agencies. (8) Pet shops are prohibited from offering for sale dogs or cats that have been obtained from a puppy mill or kitten mill, as defined in POMC 7.01.010. 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 _____ day of April 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, CMC, City Clerk Fred Chang, Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 114 of 136 ORDINANCE NO. _______________ (ORIGINAL WORK STUDY ORDINANCE 3/9/2018) AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 7.16 (“PET SHOPS, ANIMAL SHELTERS AND BOARDING KENNELS”) OF THE PORT ORCHARD MUNICIPAL CODE TO BAN THE SALE OF DOGS AND CATS BRED AND RAISED AT “PUPPY MILLS” OR “KITTEN MILLS”; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interests of the City of Port Orchard to amend Chapter 7.16 of the Port Orchard Municipal Code, entitled “Pet Shops, Animal Shelters and Boarding Kennels”, to adopt reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats and dogs from a pet shop, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more healthy and humane environment in the City; and WHEREAS, a significant number of puppies and kittens sold at pet shops come from large‐scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for ("puppy mills" and "kitten mills," respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most pet shop dogs and cats come from puppy mills and kitten mills; and WHEREAS, the documented abuses endemic to puppy and kitten mills include: over‐breeding; inbreeding; minimal to non‐existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; and lack of adequate exercise; and WHEREAS, the inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet shops due to both a lack of education on the issue and misleading tactics of pet shops in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and WHEREAS, current federal, Washington State, and Kitsap County regulations do not adequately address the sale of animals in pet shops; and WHEREAS, restricting the retail sale of cats and dogs to only those sourced from Page 115 of 136 Ordinance No. _________ Page 2 of 4 animal welfare organizations is likely to decrease the demand for animals bred in puppy and kitten mills and increase demand for animals from animal welfare organizations and thereby reduce the number of homeless animals and animal control costs; and WHEREAS, across the country, thousands of independent pet shops, as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of cats and dogs. These shops collaborate with local animal welfare organizations to offer space and support for showcasing adoptable homeless pets on their premises; and WHEREAS, this ordinance will not affect a consumer's ability to obtain cats and dogs directly from an animal welfare organization or from a breeder where the consumer can see directly the conditions in which the cats and dogs are bred, or can confer directly with the breeder concerning those conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 7.16.095 (“Selling Animals from Puppy or Kitten Mills Prohibited”) is hereby adopted as follows: 7.16.095 Selling Animals from Puppy or Kitten Mills Prohibited. (1) Definitions. (a) "Offer for sale" means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of a dog or cat. (b) "Pet shop" means a retail establishment where dogs and cats are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal shelter or animal rescue league, as defined. (2) Restrictions on the Sale of Animals. (a) A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with an animal shelter or an animal rescue league. (b) A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old. Page 116 of 136 Ordinance No. _________ Page 3 of 4 (3) Record Keeping and Disclosure. A pet shop shall maintain records stating the name and address of the animal shelter or animal rescue league that each cat or dog was obtained from for at least two years following the date of acquisition. Such records shall be provided to new owners at the time the ownership of the animal is transferred, and to the animal control authority immediately upon request. Each pet shop shall display on each cage a label stating the name and address of the animal shelter or animal rescue league of each animal kept in the cage. SECTION 2. Port Orchard Municipal Code Section 7.16.110 (“Revocation”) is hereby amended as follows (deleted text in strikethrough; new text in underline): 7.16.110 Revocation. The animal control authority may revoke a license issued pursuant to this chapter if the licensed pet shop, boarding kennel, and/or animal shelter is operating in violation of POMC 7.16.010, 7.16.080, or 7.16.090 or 7.16.095. 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 _____ day of March 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Page 117 of 136 Ordinance No. _________ Page 4 of 4 Brandy Rinearson, CMC, City Clerk , Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: Page 118 of 136 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876‐4407  FAX (360) 895‐9029 Agenda Staff Report Agenda Item No.: Business Item 7G Meeting Date: April 10, 2018 Subject: Discussion: Council Retreat Agenda and Prepared by: Robert Putaansuu Overview of Proposed Visioning Session Mayor Atty Routing No.: NA Atty Review Date: NA Summary: Discuss the Council retreat agenda and overview of proposed visioning session. Recommendation: Discuss the Council retreat agenda and overview of proposed visioning session. Relationship to Comprehensive Plan: None. Motion for Consideration: None. Fiscal Impact: None. Alternatives: Do not hold discussion. Attachments: Draft Council Retreat Agenda and draft Overview of Proposed Visioning Session. Page 119 of 136 This Page Intentionally Left Blank Page 120 of 136 City of Port Orchard: Council – Mayor – Directors Retreat Friday May 18, 2018 | 9:00 am – 3:00 pm Puerto Vallarta Restaurant (1599 SE Lund Ave, Port Orchard, WA 98366) The 2018 retreat will focus on: developing a common vision for the City among Council members; obtaining a shared understanding of past work and future efforts among the Mayor, Council and Directors; and developing budget priorities. Time Agenda Topic 9:00 am (5 min) Welcome (led by Sophie Glass, Facilitator) •Overview of retreat purpose and visioning exercise. 9:05 am (60 min) Council Member Visioning Exercise (Sophie Glass) •Discuss the Mayor’s and councilmembers’ visions for Port Orchard in 2036. •Using the pre-retreat worksheet, discuss the connections between these visions and the “Prioritized Achievements” identified in the Comprehensive Plan. 10:05 am 10-Minute Break 10:15 am (5 min) Retreat Overview (Sophie Glass) •With directors in attendance, review the agenda for the remainder of the day. •Review retreat outcomes from 2017 (see attached 2017 summary for reference). 10:20 am (30 min) Staffing Outlook (Mayor) •Mayor Putaansuu will share a 1-3 year staffing outlook across various departments. 10:50 am (15 min) Police Department •Chief Geoffrey Marti will share updates regarding the Police Department. 11:05 am (15 min) City Clerk •Clerk Brandy Rinearson will share updates regarding the City Clerk’s Office. 11:20 am (20 min) Finance Department •Director Noah Crocker will share updates regarding the Finance Department. 11:40 am (20 min) Department of Community Development (DCD) •Director Nick Bond will share DCD’s updates and its 2018 work plan. 12:00 pm 30-min Lunch (provided) 12:30 pm (20 min) Public Works Department •Director Mark Dorsey will share Public Works’ updates and its 2018 work plan. 12:50 pm (50 min) Projects Currently Underway (Led by Mayor) •Discussion of current projects (handout provided by Mayor). 1:40 pm (65 min) 2019 Biennial Budget (Led by Mayor, Finance Director, and Sophie) •Review the 2019 budget needs. (handout provided by Mayor) •Discuss priorities and tradeoffs in connection to the Comprehensive Plan and other factors (refer to Appendix A of the Comprehensive Plan: Implementation Strategies). 2:45 pm (15 min) Wrap Up •Summary of today’s work; assignments •Commitment to goals moving forward 3:00 pm Adjourn Draft Agenda v.4-4-18 Page 121 of 136 City of Port Orchard Visioning Pre-Retreat Worksheet Draft v. 3-19-18 Port Orchard’s Comprehensive Plan Chapter 1.2 "2036 Targeted Outcomes” states: Using the community’s vision for the future, by the year 2036 the City will have built upon these positive attributes and will have achieved the following: •The city has retained its small-town character and strong community spirit. •The historic downtown is more attractive and vibrant. •More efficient patterns of development have reduced real per capita infrastructure costs. •Housing has remained available to all members of the community, and the diversity of housing types has expanded. •Walking, biking, driving, and transit infrastructure make it easy to get around the city. •The city’s waterfront and open space resources are highly enjoyed by the community. •Community organizations are better empowered to coordinate events and activities. •Citizens enjoy a comfortable and productive relationship with city government. •Citizens have access to well-paying jobs, have short commutes, and choose to shop locally. •Local businesses are supported by the community and government policies that promote economic development. •Citizens are better informed and connected to the planning process. •The city’s critical areas, shorelines and other natural resources are appropriately protected with no net loss to critical areas and their functions, and where feasible critical areas and shorelines are restored or enhanced. •Native American cultural and historic resources (archeological sites) shall be protected with conditions on development approvals that require identification and preservation of such sites and notification to the state and the Suquamish Tribe. •Impacts to natural systems are minimized while population and job growth targets are met. What are other achievements that you, as a Port Orchard City Councilmember, would like to see by 2036? In other words, what is missing from the list above? •______________________________________________________________________ •______________________________________________________________________ •______________________________________________________________________ •______________________________________________________________________ •______________________________________________________________________ Page 122 of 136 Based on the lists of future achievements on page 1, which three achievements would you like to see progress on in 2019? Prioritized achievements Why is starting to work towards this achievement in 2019 important to you? Which “Implementation Strategy” from the Comprehensive Plan (see appendix A) best aligns with this achievement? 1. 2. 3. Page 123 of 136 City of Port Orchard Council – Mayor – Directors Retreat March 24, 2017 Council Topics: Action Items and Discussion Action Notes Add connection to comprehensive plan in staff reports at Council meetings. Staff Research enforcement potential in vacant buildings code. Sharon Share summary of bond process (once complete). Alan Continue work on change order authority policy. Rob & Brandy More discussion of design standards and subarea plans at April and future Council meetings. Note that zoning should be different for established areas vs. undeveloped areas. Nick to ask for alternative for historic areas. Create a Tourism Strategic Marketing Plan. Develop a survey to determine the start time of Council meetings. Internal survey for Councilmembers and staff; external survey for potential attendees. Scope interest for a Parks Commission (or alternative) and bring Council a funding request. Nick, in 2017. Communicate timeline of next comprehensive planning process and potential for a repeat conflict about annexations. Educate the property owners who experienced confusion or frustration about annexation in the 2016 comprehensive planning process. Each discussion topic is below, with specific notes: The City’s Role in Tourism • Create a Tourism Strategic Marketing Plan. Design Standards • Residential: Underway, done in 60-90 days. • Commercial and multi-family: Process starting soon and will be done in approximately 6 months. Council Meetings (nested topics: reading consent items into the record, Town Hall meetings, Council booth at farmer’s market) • Council Booth at Farmer’s Market – if this is done: o Identify the goals for why we are doing this. o Create marketing materials and/or specific topic(s) to discuss with people. • Develop a survey to determine if the start time of Council meetings (7pm) is the best or if we should change. Send a separate survey to internal and external attendees. • Maintain the rule that if attendees have announcements that are not germane to the scheduled topics, attendees can work with Clerk up to 4 days before the meeting to make a presentation. Page 124 of 136 • The Town Hall meeting that happened in mid-March went well partly because there was a specific topic. Interest in hosting more in a similar set-up. • Continue process of reading consent items into the record. If any Council member has a question about a topic, they are encouraged to ask at the beginning of the meeting to move that topic off the consent items list. Accurate Information to Constituents • How to provide accurate, information: o Facebook ads. o Targeted public meetings/Town Hall meetings with available and accurate information. o Capture questions and follow up with accurate information. • How the Council can be more accessible to constituents: o Farmer’s market o Office hours o Survey Monkey Public Arts • Integrate public art where possible in new park projects. Sub-Area Plans • 10 total sub-areas in comprehensive plan. • The Bethel/Sedgewick, Bethel/Lund, McCormick Woods, and downtown sub-area plans will begin in 2017. Update Parks Plan by End of 2018 • Nick will scope and bring a funding request forward. Education to Property Owners About Potential Future Annexation • Communicate timeline of next comprehensive planning process and educate property owners about process. Planning for Industrial Area • Need to further explore the idea of capping and creating a parking lot on landfill. • Kitsap Transit is in the middle of a study that will provide options; study will be complete in 2018. • Consider doing a Planned Action EIS in 2019. • Continue to support the use and further development of the Puget Sound Industrial Center (formerly SKIA), both within the Kitsap Regional Coordinating Council (KRCC) and the Puget Sound Regional Council (PSRC). Transportation Infrastructure Improvements • Consider when and how to update traffic signals. • Address in 2019. Page 125 of 136 Construction Management • Consider the difference between filling the construction management need internally vs. externally. • Do a cost-benefit analysis as part of the 2018 biennial budget review. Sidewalk Development & Maintenance • More summer staff in 2017 to address lingering issues. • Direct complaints to Public Works. • Educate where possible on property owner responsibility. Marketing the City to: Developers, Residents, Businesses • Organize and update codes and zoning which will attract more outside development/businesses. • Once codes and zoning are updated and sub-area plans are developed, create a strategic plan that would include the possibility of inviting developers and businesses to town. • Support strong schools to keep and improve interest in Port Orchard for families. Emergency Communication • DEM is implementing a new emergency communication system. Bay Street Pathway West and Segment 3 • Could be moved to spring 2018. Wayfinding Signage • $40,000 in budget for this year. • For future signs, consider higher color contrast and larger font for readability. Kitsap Regional Coordinating Council Retreat about Growth Across the County • June 7, 1:00 – 4:30pm, location TBD. • Full Council invited. Change Order Authority • Clarified roles and authority of the Mayor and Public Works Director for quick change order with contracts. Maintain the requirement to bring the information and report on action taken at a future Council meeting. Housing Kitsap Obligation • Do a cost-benefit analysis to determine financial responsibility. Page 126 of 136 Appendix A: Implementation Appendix A Pg. 1 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Chapter 2 - Land Use Goal 3 Goal 8 Goals 10-20 2-6 2-8 2-15 – 2-20 Prepare and adopt subarea plans for the designated Centers of Local Importance. Dept of Community Development High Goal 1 Goals 6-9 Goals 10-20 2-5 2-7 – 2-8 2-16 – 2-22 Revise development regulations to encourage attractive designs, improve street and pedestrian connections, and establish preferred uses within individual neighborhoods and on a citywide basis. Dept of Community Development High Goal 2 2-5 Monitor supply and demand for available land based on the City’s population growth rate, zoning, and development proposals. Dept of Community Development High Goal 5 2-6 Continue to implement appropriate environmental review and mitigation, and update development regulations to encourage open space and critical areas protection. Dept of Community Development Medium Chapter 3 - Housing Goal 10 3-11 Monitor population growth, and adopt appropriate reasonable measures as necessary, to continue compliance with the City’s 2036 population target. Dept of Community Development High Goal 6 3-9 Revise development regulations to encourage attractive designs, improve street and pedestrian connections, and establish preferred uses within individual neighborhoods and on a citywide basis. Dept of Community Development High Goal 1 Goal 2 Goal 5 3-8 3-8 3-9 Update development regulations to support development of varied types of housing that are available to all income levels Dept of Community Development Medium Goal 3 3-9 Establish development regulations for local centers that encourage mixed-use development. Dept of Community Development Medium Goal 7 3-10 Review and revise the City’s permitting process to ensure maximum efficiency of plan review and approval steps. Dept of Community Development Medium Page 127 of 136 Appendix A: Implementation Appendix A Pg. 2 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Goal 4 3-9 Continue to coordinate with Public Works, Kitsap County, and the City’s outside utility purveyors to maintain an orderly, efficient process of utility provision and annexation. Dept of Community Development, Dept of Public Works, Kitsap County, other utility purveyors Low Goal 8 3-10 Develop programs to assist property owners with maintaining and improving their properties. Dept of Community Development Low Goal 9 3-10 Continue to implement appropriate environmental review and mitigation, and update development regulations to encourage open space and critical areas protection. Dept of Community Development Low Chapter 4 - Parks Goal 1 4-8 As part of local centers planning, updates to development and critical areas regulations, and intergovernmental coordination, identify and establish desired open space corridors and connections. Dept of Community Development, Kitsap County, Tribes, federal and state agencies. High Goals 2-4 Goal 7 Goal 6 Goal 9 4-9 – 4-10 4-11 4-10 4-11 Research and develop effective plans and programs that expand and improve park and recreational facilities and provide attractive open spaces throughout the City. Dept of Community Development, Dept of Public Works, Port of Bremerton, other agencies and ci vic organizations High Goal 5 4-10 Work with civic and athletic organizations to promote sports programs and physical activities. Dept of Community Development, civic agencies and organizations Low Goal 6 4-11 Implement and update when appropriate the City’s Shoreline Master Program and shoreline development regulations to protect the shoreline and encourage public access and use. Dept of Community Development, WA Dept of Ecology Medium Page 128 of 136 Appendix A: Implementation Appendix A Pg. 3 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Goal 7 4-11 Update development and critical areas regulations to enhance requirements for open space preservation and critical areas protection in new developments. Dept of Community Development Medium Goal 10 4-12 Install wayfinding signage Dept of Public Works Medium Goals 8-9 4-11 Continue to explore opportunities for open space and parks acquisition through grants and development requirements, and maintain existing parks. Dept of Public Works Low Goal 11 4-12 Consider establishing a parks commission or similar citizen board, either as a standing committee or ad hoc committee, to provide citizen advice to City officials prior to significant decisions affecting park and recreational facilities. City Council Low Chapter 5 – Natural Systems Goal 2 Goal 5 Goal 6 Goal 9 5-10 5-12 5-13 5-14 Review and update stormwater regulations and revise as necessary for consistency with Best Available Science and federal/state requirements. Establish incentives for use of Low Impact Development stormwater techniques and enhanced water quality treatment. Dept of Public Works, Dept of Community Development High Goal 1 Goal 3 Goal 9 Goal 10 Goal 12 5-10 5-11 5-14 5-15 5-16 Maintain a Critical Areas Ordinance that incorporates Best Available Science and complies with all current state and federal regulations for protection of natural resources, including critical areas, shorelines and listed species. Dept of Community Development Medium Goal 11 Goal 13 Goal 15 5-15 5-16 5-17 Work with other governmental jurisdictions, tribes, public-private partnerships and other agencies to provide accurate, updated inventories of listed species and their habitats and identify ways to coordinate protection of listed species. Dept of Community Development, other governments, tribes and agencies Medium Goal 14 5-17 Update the Ross and Blackjack Creek watershed plans. Dept of Community Development, Tribes, other parties and agencies Medium Page 129 of 136 Appendix A: Implementation Appendix A Pg. 4 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Goals 16-17 5-18 Develop and maintain a citywide water quality and quantity monitoring program, including educational outreach, retrofitting and use of best management practices. Dept of Public Works Medium Goals 18-19 Goal 21 5-19 5-20 Encourage appropriate, diverse shoreline uses that avoid impacts to the shoreline environment Dept of Community Development Medium Goal 4 5-11 When updating the City’s maps for critical areas, future land use and zoning, consider geological hazards when determining appropriate classifications and protection overlays to ensure compliance with Best Available Science and the most current federal/state regulations. Dept of Community Developm ent Low Goals 7-8 5-13 – 5-14 Review existing floodplain regulations and flood maps, and update as appropriate. Dept of Community Development Low Goal 20 5-20 When updating the Shoreline Master Program and Parks Plan, develop policies and regulations that encourage appropriate, diverse shoreline recreational opportunities. Dept of Community Development Low Goal 19 5-19 Consider developing a waterfront historic overlay district and identifying shoreline sites and structures that should be preserved while still allowing appropriate development and redevelopment along the shoreline. Dept of Community Development Low Chapter 6 - Economic Development Goal 2 Goal 6 Goal 8 6-10 6-12 6-12 Develop and implement subarea plans and regulations for local centers and existing development concentrations that promote appropriate commercial development. Dept of Community Development High Goal 1 Goal 3 Goal 9 6-9 6-10 6-13 Expand coordination and partnerships with economic development agencies such as KEDA and the Port Orchard Chamber of Commerce, and with other local and regional agencies, to create a business-friendly environment and promote opportunities for business establishment and growth. Dept of Community Development, KEDA, PO Chamber of Commerce, City of Br emerton, Port of Bremerton, other agencies Medium Goal 4 6-11 Review development regulations and revise as necessary to promote and facilitate tourism, small businesses, home businesses and local arts. Dept of Community Development Medium Page 130 of 136 Appendix A: Implementation Appendix A Pg. 5 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Goal 5 6-11 Review and revise development regulations, as necessary, to promote healthy living opportunities. Dept of Community Development Medium Goal 7 6-12 Explore opportunities to attract clean, heavy industrial uses with an appropriate balance of production and environmental protection. Dept of Community Development Low Goal 10 6-13 In conjunction with the South Kitsap School District, Olympic College and other educational institutions, establish partnerships to promote and encourage local educational opportunities for a skilled workforce. Dept of Community Development, SK School District, Olympic College, other agencies Low Chapter 7 - Utilities Goals 1-3 Goal 5 7-9 – 7-10 7-11 Provide ongoing informational updates to utility purveyors that will assist in providing adequate utilities to serve the City’s population and projected growth. Ensure that the City’s development regulations support availability and expansion of new technologies to all of the City’s residents. Dept of Community Development, Dept of Public Works, PSE, Cascade, wireless and telephone utilities, etc High Goal 3 7-10 Revise development regulations as necessary to minimize aesthetic impacts of utilities while retaining functionality. Dept of Community Development, Dept of Public Works, PSE, Cascade, wireless and telephone utilities, etc Medium Goal 4 7-10 Establish incentives to educate citizens about resource conservation and encourage conservation. Dept of Community Development, Dept of Public Works Low Page 131 of 136 Appendix A: Implementation Appendix A Pg. 6 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Chapter 8 – Transportation Goals 1-2 Goal 17 Goal 20 Goal 22 Goals 24-25 8-62 – 8-63 8-71 8-73 8-73 8-74 Implement adopted roadway design standards and update as necessary, maintain established LOS and concurrency requirements, and maintain consistency between land use and transportation requirements in development approvals. Dept of Public Works, Dept of Community Development High Goal 18 8-72 Develop design guidelines and standards for streets, sidewalks, landscaping and ROW utilities. Dept of Public Works, Dept of Community Development High Goal 23 8-74 Continue to pursue funding for street and transit improvements as proposed in the Bethel Corridor Plan Dept of Public Works, Kitsap Transit High Goal 3 8-63 Explore funding mechanisms and potential partnerships for identified improvements. Dept of Public Works, Kitsap Transit, WA Dept of Transportation High Goal 19 8-72 Review and revise parking regulations and design standards as appropriate. Consider partnership projects with the Port of Bremerton for waterfront parking and alternatives. Dept of Public Works, Dept of Community Development Medium Goals 6-9 Goal 11 8-64 – 8-66 8-67 Work with Kitsap Transit to expand transit options and rider facilities, and develop a model TOD program. Dept of Public Works, Dept of Community Development, Kitsap Transit, Kitsap Co. Public Works Medium Goal 10 8-66 Review and amend development and shoreline regulations as appropriate. Adopt the Kitsap County Bicycle Facilities Plan. Dept of Public Works, Dept of Community Development Medium Goals 12-16 8-67 – 8-71 Review and amend development regulations and street standards as appropriate. Dept of Public Works, Dept of Community Development Medium Goal 21 8-73 Establish an idling policy in coordination with Kitsap Transit. Dept of Public Works, Kitsap Transit Low Goal 5 8-64 Develop TMPs citywide and monitor/revise existing TDM and CTR programs as appropriate. Dept of Public Works Low Page 132 of 136 Appendix A: Implementation Appendix A Pg. 7 Port Orchard Comprehensive Plan Final: June 2016 Goal/Page Implementing Strategy Coordination Priority Level Chapter 9 - Capital Facilities Goal 1 Goal 4 9-7 9-9 Identify and acquire additional facilities and land as needed to meet concurrency requirements. Require that developers provide adequate facilities to serve new development and redevelopment. Dept of Public Works, Dept of Community Development High Goal 9 Goal 11 9-12 9-13 Maintain the identified level of service for drinking water quality and quantity to serve the City’s residents, businesses and future growth, through appropriate maintenance and development of City water facilities and conservation of resources, as indicated in the City’s Water Plan and Capital Improvements Plan. Dept of Public Works, Dept of Community Development High Goals 10-11 9-13 Maintain the identified level of service for sanitary sewer to serve the City’s residents, businesses and future growth, through appropriate maintenance and development of City sewer facilities, as indicated in the City’s Sewer Plan and Capital Improvements Plan Dept of Public Works High Goal 12 9-14 Establish development standards and incentives to reduce stormwater runoff and flooding impacts and continue to implement the City’s Stormwater Management Plan Dept of Public Works High Goal 6 9-10 Evaluate opportunities for public safety improvement and implementation. Dept of Public Works, Police Dept Low Goal 8 9-10 Based on the adopted Parks Plan and Capital Improvements Plan, continue to provide park and recreational facilities at an appropriate level of service for all residents Dept of Public Works Medium Goals 2-3 9-8 Monitor and revise as necessary the City’s adopted LOS standards. Dept of Public Works, Dept of Community Development Medium Goal 7 9-10 Coordinate with the South Kitsap School District and develop joint policies and programs as appropriate. Dept of Public Works Low Page 133 of 136 City of Port Orchard: Council – Mayor – Directors Retreat Friday May 18, 2018 | 9:00 am – 3:00 pm Puerto Vallarta Restaurant (1599 SE Lund Ave, Port Orchard, WA 98366) Overview of Proposed Visioning Session (draft v. 4‐4‐18) Time Activity 9:00 AM (5 min) Activity Overview Sophie will introduce the activity as follows:  The purpose of this visioning activity is to help the Mayor and Councilmembers take a long view and share the direction that they would like to see their City take.  This is an informal activity and is not an exercise to develop an official vision statement for the City.  The visioning session uses pieces of the Comprehensive Plan as a loose guide, but participants are encouraged to share from their own experiences.  The outcomes of this visioning session are intended to help the Mayor and Councilmembers think about budget priorities during the afternoon of their retreat. 9:05 AM (5 min) Silent Reflection  Sophie will distribute 14 notecards to the Mayor and Councilmembers with the “prioritized achievements” from the Port Orchard Comprehensive Plan, as well as 3 blank cards (see Attachment A on back).  Sophie will ask each participant to review the cards and identify 2 cards that are most in line with their vision.  Sophie will ask each participant to write down 1 vision for Port Orchard that was missing from their cards. 9:10 AM (40 min) Sharing Visions  The Mayor and Councilmembers will each have 5 minutes to describe their vision for Port Orchard in 2036 by sharing and expanding upon their 3 cards. They will tape their 3 cards on the wall for other participants to view. 9:50 AM (15 min) Group Reflection  Participants will review the cards posted on the wall and respond to the following questions: o Are there any common themes among participants for their visions for Port Orchard? o Are there any noticeable differences among participants for their visions for Port Orchard? o Begin discussing how the 2019 budget could be a tool for starting to enact these visions. This conversation will continue during the afternoon session of the retreat. 10:05 AM Adjourn Page 134 of 136 Attachment A Port Orchard’s Comprehensive Plan Chapter 1.2 "2036 Targeted Outcomes” states: Using the community’s vision for the future, by the year 2036 the City will have built upon these positive attributes and will have achieved the following: 1. The city has retained its small‐town character and strong community spirit. 2. The historic downtown is more attractive and vibrant. 3. More efficient patterns of development have reduced real per capita infrastructure costs. 4. Housing has remained available to all members of the community, and the diversity of housing types has expanded. 5. Walking, biking, driving, and transit infrastructure make it easy to get around the city. 6. The city’s waterfront and open space resources are highly enjoyed by the community. 7. Community organizations are better empowered to coordinate events and activities. 8. Citizens enjoy a comfortable and productive relationship with city government. 9. Citizens have access to well‐paying jobs, have short commutes, and choose to shop locally. 10. Local businesses are supported by the community and government policies that promote economic development. 11. Citizens are better informed and connected to the planning process. 12. The city’s critical areas, shorelines and other natural resources are appropriately protected with no net loss to critical areas and their functions, and where feasible critical areas and shorelines are restored or enhanced. 13. Native American cultural and historic resources (archeological sites) shall be protected with conditions on development approvals that require identification and preservation of such sites and notification to the state and the Suquamish Tribe. 14. Impacts to natural systems are minimized while population and job growth targets are met. 15. Blank card 16. Blank card 17. Blank card Page 135 of 136 This Page Intentionally Left Blank Page 136 of 136