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09/11/2018 - Regular - Packet City of Port Orchard Council Meeting Agenda September 11, 2018 6:30 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Checks, Payroll, and Electronic Payments B. Approval of the August 14, 2018, Council Meeting Minutes Page 3 C. Approval of Change Order No. 2-2018 to Contract No. 004-13 with Pacific Air Control for HVAC System Repairs (Dorsey) Page 9 5. PRESENTATION A. Proclamation: Remembering 9/11 Page 13 B. Presentation: Business License Ordinance (Crocker) 6. PUBLIC HEARING A. Public Hearing on the South Kitsap School District Bond and Capital Projects Levy (Rinearson) Page 15 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code 5.12 “Business Licenses” (Crocker) Page 17 B. Adoption of a Resolution Establishing a Business License Minimum Threshold Exemption (Crocker) Page 41 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 “Parking, Standing, and Stopping” (Dorsey) Page 45 D. Adoption of a Resolution Authorizing Code Enforcement Officer and City Attorney to Initiate a Lawsuit for Warrant of Abatement for 1013 Morton Street (Cates) Page 73 E. Approval of Change Order No. 7 to Contract No. 037-17 with Active Construction Inc., for the Tremont Street Widening Project (Dorsey) Page 79 F. Approval of Change Order No. 3 to Contract No. 023-18 with Neptune Marine LLC for the Bay Street Pedestrian Pathway Segment No. 3 Construction (Dorsey) Page 93 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 Chair: Lodging Tax Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-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 Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. September 11, 2018, Meeting Agenda Page 2 of 2 G. Approval of the August 21, 2018, Council Meeting Minutes Page 103 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, 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 TBD, 2018; 5:15pm City Hall Economic Development and Tourism September 10, 2018; 9:30am City Hall Utilities September 17, 2018, 9:30am City Hall Sewer Advisory October 10, 2018; 6:30pm City Hall Land Use September 24, 2018; 9:30am DCD* Lodging Tax Advisory September 19, 2018, 6:00pm City Hall Festival of Chimes & Lights September 17, 2018, 3:30pm City Hall Outside Agency Committees Varies Varies *DCD, Department of Community Development, 720 Prospect Street, Port Orchard CITY COUNCIL GOOD OF THE ORDER City of Port Orchard Council Meeting Minutes Regular Meeting of August 14, 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, Community Development Director Bond, City Attorney Cates, City Clerk Rinearson, and Office Assistant II Whisenant. 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 Diener, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS Donovan Byford, owner of the Moonbeam’s Thai-ish Cafe Food Truck, spoke to the consent agenda item to approve for a new vendor location near the Kitsap County campus and 640 Bay Street. 4. CONSENT AGENDA A. Approval of Check Nos. 74847 through 74997 totaling $1,104,899.34; July Electronic Payment Dates 7/1/2018 through 7/31/2018 totaling $330,018.69; and Bi-Weekly Payroll including Check Nos. 148009 through 148017 totaling $321,540.05. B. Approval of the July 17, 2018, Council Work Study Session Minutes C. Approval of a New Vendor Location for Temporary Vendor Applicant Moon Beem’s Thai-ish Café 3 of 108 Minutes of August 14, 2018 Page 2 of 5 MOTION: By Councilmember Chang, seconded by Councilmember Diener, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. Bethel Road and Sedgwick Road Corridor Plan Community Development Direct Nick Bond introduced the City’s consultant, SCJ Alliance Group, to lead the presentation. Explained that the plan is now available publicly on the City’s website. The plan is available for comment until September 25th, where there will be a public hearing held at the Council Meeting. The presentation’s focus is to detail the work performed leading up to the plan and for Council to review, ask questions, or extend to council committees for further review. Elisabeth Wooton, along with Eric Johnston, introduced the plan explaining that next month would be the public review and comment period. Ms. Wooten described the outline of previous discussions and processes coordinated leading to current review status. Next step would be the Public Hearing at the September 25th Council Meeting. After the presentation, councilmembers and staff discussed the roundabouts in the greater Port Orchard area, impacts to the traffic flow of this plan, potential phasing the project, and possible grant funding. 6. PUBLIC HEARING No public hearings were held. 7. BUSINESS ITEMS A. Discussion: Bethel Road and Sedgwick Road Corridor Plan Community Development Director Bond stated the public hearing date and resolution are to be presented at the September 25th Council Meeting. B. Adoption of a Resolution Approving the Collection of Funds for the 2018 Chimes & Lights Tree Decorating Contest MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt a resolution allowing the City to collect funds for the 2018 Chimes & Lights tree decorating contest. 4 of 108 Minutes of August 14, 2018 Page 3 of 5 The motion carried. (Resolution No. 036-18) C. Adoption of a Resolution, Approving the Dunmore Final Plat (McCormick Woods Phase III) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution, as presented, granting final plat approval for Dunmore Plat. The motion carried. (Resolution No. 037-18) D. Approval of Change Order No. 1 to Contract No. 038-17 with HDR Engineering Inc. for the 2017-2018 Well No. 9 Water Quality Retrofit-Engineering Support MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to authorize the Mayor to execute Change Order No. 1 to Contract No. C038-17 with the HDR Engineering, in an amount not to exceed $25,600.00, bringing the new Contract Total to $43,700.00. The motion carried. E. Approval of the July 24, 2018, Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the minutes of July 24, 2018, as presented. The motion passed. Councilmembers Cucciardi abstained. F. Discussion: 6 Year Street Paving Plan Mayor Putaansuu presented various paving projects for consideration, with an estimated timeframe for requesting bids and project completion. Also, discussed a 6 Year Stormwater Improvement Plan. Councilmembers expressed appreciation for presenting the projects for consideration, and requested clarification on budgeting for the projects. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported that the next Finance Committee is to be scheduled. Councilmember Ashby reported that the next Economic Development and Tourism Committee is scheduled for September 10th. 5 of 108 Minutes of August 14, 2018 Page 4 of 5 Councilmember Lucarelli reported that the next Utilities Committee is scheduled for September 17th. The Sewer Advisory Committee is scheduled for August 15th. The Festival of Chimes and Lights Committee is scheduled for August 20th. Councilmember Diener reported the next Land Use Committee meeting is scheduled for September 24th. Councilmember Rosapepe reported that the Lodging Tax Committee is to be scheduled. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • Meeting with Kitsap County and Chief Marti on potential shared space; • Tremont Project paving the roundabout; • Sinkhole on Bay Street and Tracy; • Kitsap Mustang Club Car Show; • Livestream with Dekalb Pier and potentially future Council Meetings; • Bremerton Water Purchase and future budget amendment; and • Purchased 2 copiers and leasing new copiers. 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey updated on Tremont Project paving timelines, TIB application submitted for the Clifton Anderson Hill Project Funding, McCormick Woods Park, and Bay Street Pedestrian Pathway. City Attorney Cates informed of working with small cell facility industry, revising the drafted ordinance, and potentially changing the permit process to a franchise agreement. The topic will be brought to the work study in September. 11. CITIZENS COMMENTS Boy Scout Troop 1519 stated that they are honored to be here and would like to attend again in the future. Mayor Putaansuu invited the troop to lead in attend a council meeting in the and lead the Pledge of Allegiance. 12. EXECUTIVE SESSION 6 of 108 Minutes of August 14, 2018 Page 5 of 5 At 8:04 p.m. Mayor Putaansuu recessed the meeting for a 15-minute executive session to discuss a potential litigation matter pursuant to RCW 42.30.110(1)(i) Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, Water Systems Manager Hunter, Assistant City Engineer Pleasants, City Attorney Cates and Robinson (via teleconference) were invited to attend. At 8:19 p.m., Mayor Putaansuu extended the executive session an additional 15 minutes. At 8:34 p.m., Mayor Putaansuu extended the executive session an additional 15 minutes. At 8:49 p.m., Mayor Putaansuu reconvened Council back into regular session. 13. ADJOURNMENT The meeting adjourned at 8:49 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor 7 of 108 This Page Intentionally Left Blank 8 of 108 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: September 11, 2018 Subject: Approval of Change Order No. 2-2018 to Prepared by: Mark Dorsey, P.E. Contract No. 004-13 with Pacific Air Control Public Works Director for HVAC System Repairs Atty Routing No: NA Atty Review Date: NA Summary: On December 11th, 2012, the City entered into contract with Pacific Air Control for HVAC Preventive Maintenance. Change Order 1 -2018 was approved on January 9, 2018 for $7,178.74 for repairs. Pacific Air Control has now identified another issue with the system that needs to be resolved for the system to function properly. A change order of $6,884.15 (tax included) is needed. On April 25th, 2017 the City approved Resolution 019-17 which adopted City Procurement Policies and Procedures. Section 7, titled Change Orders, outlines who may authorize change orders to contracts based on the Council approved contract amount or on the legally budgeted item. As this change order is over 10% of the contract and budgeted amount, council approval is needed. Recommendation: Staff recommends that the City Council approve Change Order No. 2 - 2018 to Contract No. C004-13 with Pacific Air Control Inc. in the amount of $6,884.15 for the HVAC repairs. Relationship to Comprehensive Plan: None. Motion for Consideration: I move to approve Change Order No. 2-2018 to Contract No. 004-13 with Pacific Air Control Inc. in the amount of $6,884.15 for the HVAC repairs. Fiscal Impact: $18,000 was allocated within the approved 2018 Budget (001.5.518.30.48). A budget amendment may be required. Alternatives: None. Attachments: Change Order No. 2-2018. 9 of 108 This Page Intentionally Left Blank 10 of 108 U:\Staff Reports\2018\20180911\4C 02 Change Order 2-2018_PACIFIC AIR.doc Page 1 CITY OF PORT ORCHARD Authorization for Change Order No. 2-2018 Date: September 5th 2018 Contractor: Pacific Air Control, Inc. Project: HVAC Maintenance 1916 220th Street SE, M#101 Contract / Job # C004-13 – 2018 Extension Bothell, WA 98021 Amount Sales Tax Total Date Appvd by Original Contract $7,616.07 $685.45 $8,301.52 11-Dec-12 COUNCIL Contract Amendment $9,110.00 $819.90 $9,929.90 26-Sep-17 COUNCIL Change Order 1 - 2018 $6,586.00 $592.74 $7,178.74 09-Jan-18 COUNCIL Change Order 2 - 2018 $6,422.00 $462.15 $6,884.15 11-Sep-18 COUNCIL Total Contract for 2018 $29,734.07 $2,560.24 $32,294.31 Contract History I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name & Title Printed Name Approved: Mayor Attest: City Clerk Council Approval Date THIS CHANGE ORDER AUTHORIZES THE REPAIRS RECOMMENDED BY SERVICE TECHNICIAN (SEE ATTACHED PROPOSALS FROM CONTRACTOR) FOR PROPER FUNCTION OF HVAC SYSTEM. Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. 11 of 108 pacific air control, inc. Air Conditioning, Heating, Controls, Sales, Service, Installation 1916 220th Street SE, Suite M101, Bothell, WA 98021 Ph: (206) 682-6393 Fax: (206) 340-2270 1 September 4, 2018 (Revised) July 25, 2018 City of Port Orchard Attn: Mark Dorsey & Thomas Hunter 216 Prospect Street Port Orchard, WA 98366 Re: City of Port Orchard, City Hall During a recent service call, our technician noted the following: P-1 s/n 1K89 Serving the Entire Building The pump on this boiler has failed. We recommend replacing the pump for proper operation of this unit Pump $ 5,270.00 (Includes freight) Labor $ 1,152.00 Cost of the above: $6,422.00 plus tax Once the above work has been completed, the units will be tested for proper operation. If further repairs are necessary, we will contact you. Thank you for the opportunity to work with you on this project. If you have any questions regarding this report, or if you would like to schedule the above-mentioned work, please feel free to give us a call. __________________________________ Lisa M. Reno Accepted by PO# Date Customer Service Representative Cc: Ben Chadwick, Service Manager 718043 Price quoted is valid for 30 days. Proposal #718043 Contractors License #PACIFAC230P8 PUMP - $5135 FREIGHT - $135 12 of 108 PROCLAMATION WHEREAS, on September 11th, 2001 3,000 citizens of the United States of America were killed in New York City, Pennsylvania and Washington, D.C. as a result of unprovoked terrorist attacks; and WHEREAS, on that fateful September morning, we were reminded that the greatest strength in America is found in the hearts and souls of its citizens, as we witnessed police officers, firefighters, rescue personnel, members of the military and private citizens demonstrating extraordinary courage by risking their lives to save innocent victims. On this day, our country came together to provide relief and bring hope to others; and WHEREAS, despite the senseless loss of life and the horror witnessed by people around the world, we can now look at September 11 and see something more than pain -- we can see strength, heroism and unity; and WHEREAS, today and every day, we should pray for the brave men and women in uniform who are serving at home and abroad to protect their homeland and advance liberty around the world; and WHEREAS, we will never forget, the victims who perished that day, nor the amazing acts of selflessness; and WHEREAS, the nation remembers September 11 each year as Patriot Day and as a National Day of Service and Remembrance, which calls upon all Americans to participate in this observance through moments of silence, the flying of the flag of the United States at half-staff, as well as activities in tribute and remembrance; and NOW, THEREFORE, l, Scott Diener, Mayor Pro Tempore of the City of Port Orchard, do hereby proclaim September 1L, 20L8, as SEPTEMBER 11th REMEMBRANCE DAY in the City of Port Orchard, and encourage all citizens, businesses, and employees to join in remembering those who gave of themselves on September l-1, 2001. Signed the 11th day of September 2018 -_ Scott Diener, Mayor Pro Tempore f 't f r L J13 of 108 This Page Intentionally Left Blank 14 of 108 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: September 11, 2018 Subject: Public Hearing on the South Kitsap Prepared by: Brandy Rinearson, MMC School District Bond and Capital Projects City Clerk Levy Atty Routing No.: NA Atty Review Date: NA Summary: The South Kitsap School District is asking the City Council to support the upcoming School Bond and Levy Propositions. Staff was directed to publish a Public Hearing for citizens to voice their support or opposition of the ballot measures. Staff sent a public hearing notice to the local media, the City’s citizen’s distribution list, posted on the City’s Facebook page, and noticed it in the City’s official newspaper, the Port Orchard Independent. There are two items on the ballot for the November 6, 2018 Election: Proposition No. 1 Bond to Build Second High School, and Proposition No. 2 Capital Projects Levy to address urgent safety and security, facility projects, and technology needs at all schools. The 2018 Bond measure will address crowding and improve safety at both campuses. This will allow students greater personalized learning and more opportunities in the arts, athletics, and activities. The new school would serve the Cedar Heights, Sidney Glen, Sunnyslope and Burley Glenwood areas. The 2018 Levy measure will fund secure entrances at the Middle Schools, security cameras, intercom and lockdown notifications systems and fire alarm replacement district wide. In addition, will fund a large list of renovation of the pool and restrooms, roof replace at John Sedgwick, Sunnyslope, and Marcus Whitman; and improve ADA accessibility and compliance district wide. Lastly, it will fund interactive projectors for classrooms, student computers, and infrastructure upgrades to support technology throughout the district. Recommendation: Staff recommends the Mayor open the Public Hearing, with the understanding final action will be taken at the September 25, 2018, Council meeting. Fiscal Impact: None. Alternatives: None. Attachments: None. 15 of 108 This Page Intentionally Left Blank 16 of 108 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: September 11, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Noah Crocker Orchard Municipal Code 5.12 “Business Finance Director Licenses” Atty Routing No.: 088-18 Atty Review Date: September 7, 2018 Summary: Engrossed House Bill (EHB) 2005, adopted by the State Legislature in 2017, required cities and towns with business license regulations to establish a workgroup that would create a model business license with a minimum threshold and a definition of “engaging in business” by July 2018. The model business license created by the workgroup must be adopted by all cities who have business licensing regulations by January 1, 2019. The City Business License workgroup has been meeting since last August to draft language for a model business license ordinance that includes both legislative requirements of defining the meaning of “engaging in business” and setting a minimum threshold. The Final model business license ordinance has been released and it contains two required components that cities and towns must incorporate into their existing business license ordinances. The two components are as follows: 1. Cities and towns may only impose licensing requirements upon individuals or companies “engaging in business within the city,” as defined in the model ordinance. The ordinance also sets forth examples of activities that are considered “engaging in business,” as well as business activities that do not require licensing. The definition is based on the model ordinance for B&O taxes. 2. For businesses that engage in business within the city but are not physically located within the city, the ordinance establishes a minimum dollar threshold below which the businesses are partially or fully exempted from licensing requirements. The minimum threshold of business activity in the ordinance is $2,000, although cities may adopt a higher threshold if desired. Below this threshold, cities must either: • Exempt these businesses from the licensing requirements entirely, or • Require licensing, but at no cost to the businesses. 17 of 108 Staff Report 7A Page 2 of 2 Current business licensing partner cities must adopt the language by October 17, 2018 (RCW 35.90.070), and provide notification to Business Licensing Service (BLS) in order to maintain its business licensing program on January 1, 2019. The statute requires that notice be received by BLS a minimum of 75 days prior to the effective date for “all changes that affect in any way who must obtain a license, who is exempt from obtaining a license, or the amount or method of determining any fee for the issuance or renewal of the license.” Both provisions of the model ordinance will require the 75-day notification to BLS. Any city or town that does not adopt the model ordinance by the deadline is prohibited from enforcing its general business licensing requirements until it adopts the model ordinance provisions. Recommendation: Staff recommend approving the Ordinance as provided. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt an Ordinance amending POMC 5.12 as presented.” Fiscal Impact: N/A Alternatives: Do not approve Ordinance and provide alternative guidance Attachments: Ordinance and redline POMC 5.12. 18 of 108 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.12 “BUSINESS LICENSES” IN RESPONSE TO STATE ENGROSSED HOUSE BILL 2005; ADOPTING THE MANDATORY PROVISIONS FOR THE MODEL ORDINANCE AND ESTABLISHING AN EFFECTIVE DATE OF JANUARY 1, 2019. WHEREAS, the City of Port Orchard has adopted local regulations establishing standards and procedures for business licenses, including as currently codified in Chapter 5.12 POMC; and WHEREAS, in 2017, the state legislature passed EHB 2005, an act relating to improving the business climate in Washington state by simplifying the administration of municipal general business licenses and requiring cities to develop a general business licensing model ordinance; and WHEREAS, cities, working through the Association of Washington Cities (AWC), established a model ordinance development committee made up of a representative sampling of cities that impose a general business license requirement. A city that imposes a general business license requirement must adopt the mandatory provisions of the model ordinance by January 1, 2019. The mandatory provisions of the model ordinance include the following: (1) the definition of “engaging in business within the city”; and (2) a uniform minimum licensing threshold under which a person would not have to obtain a city’s general business license; and WHEREAS, the City of Port Orchard has determined to amend the code to follow these prescribed standards, as well as to make any other necessary changes to Chapter POMC 5.12; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 5.12.010 is hereby amended to read as follows: 5.12.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein: (1) “Business” includes all activities, occupations, pursuits or professions located and/or engaging in business within the city with the object of gain, benefit or advantage to the licensee or to another person or class, directly or indirectly, whether part-time or full- time. Each business location shall be deemed a separate business. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate 19 of 108 Ordinance No. _________ Page 2 of 13 of 10 or more rental units located on a single or contiguous lot(s) and the owner of any business or commercial building containing any rental units shall be considered to be engaging in business. Utility companies are defined as businesses. (a) For purposes of this chapter, “business” also includes medical marijuana cooperatives as defined under Chapter 69.51A RCW and marijuana producers, marijuana processors, marijuana retailers and marijuana retail outlets as defined in Chapter 69.50 RCW. (2) “Engaging in business” (a) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (b) This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (a). If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. (c) Without being all inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. i. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. ii. Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the city. iii. Soliciting sales. iv. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. v. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. 20 of 108 Ordinance No. _________ Page 3 of 13 vi. Installing, constructing, or supervising installation or construction of, real or tangible personal property. vii. Soliciting, negotiating, or approving franchise, license, or other similar agreements. viii. Collecting current or delinquent accounts. ix. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. x. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. xi. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. xii. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. xiii. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. xiv. Investigating, resolving, or otherwise assisting in resolving customer complaints. xv. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. xvi. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. (d) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license. i. Meeting with suppliers of goods and services as a customer. ii. Meeting with government representatives in their official capacity, other 21 of 108 Ordinance No. _________ Page 4 of 13 than those performing contracting or purchasing functions. iii. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. iv. Renting tangible or intangible property as a customer when the property is not used in the city. v. Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. vi. Conducting advertising through the mail. vii. Soliciting sales by phone from a location outside the city. (e) A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the city. Such activities do not include those in subsection (d). The city expressly intends that “engaging in business” includes any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. (3) “Person” means any individual, firm, partnership, company, corporation, association, receiver, assignee, trust, estate, joint venture, group, joint stock company, business trust, society or any group of individuals acting as a unit. (4) “Licensee” means any business granted a business license by the city. (5) “Premises” includes all lands, structures and places, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises. (6) “City license officer” is the city finance director, her/his designee or any city of Port Orchard police officer. 22 of 108 Ordinance No. _________ Page 5 of 13 (7) “Minor” means any person under 18 years of age. (8) “Nonprofit organization” means an organization which has been granted nonprofit status by the Secretary of State of Washington or the Internal Revenue Service. 5.12.020 Requirements. Any person, firm, or corporation that is engaging in business or carries on within the city any business, profession, trade or occupation designated in this chapter shall first obtain from the city a license to do so. Unless otherwise exempted, the license established by this chapter is in addition to any other license required by another chapter within POMC Title 5. All licenses issued pursuant to the provisions of this chapter shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried on. 5.12.030 Exemptions. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: (1) Any instrumentality of the United States, state of Washington or any political subdivision thereof, with respect to the exercise of governmental functions; (2) Any person, firm, or corporation which the city is forbidden to tax by law; (3) Pursuant to RCW 36.71.090, no business license shall be required of any farmer, gardener or other person to sell, deliver or peddle any fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, or produced by such person. Collective gardens as defined under Chapter 69.51A RCW are not covered by this exemption; (4) No business license shall be required of any minor engaging in a de minimis entrepreneurial venture with permission of the property owner, including but not limited to such trade and activities as running a lemonade stand; (5) Accredited public or private schools, colleges or universities, as to their education endeavors only; churches and other religious bodies, as to their religious activities only; fraternal organizations and lodges as to their fraternal and lodge activities only; civic and charitable organizations, including nonprofit hospitals and clinics, as to their civic and charitable activities only; but not as to any business activities by these entities; (6) Garage, yard and rummage sales; (7) Representatives from businesses located outside the city limits calling on licensed businesses within the city limits for purposes of wholesale business; (8) Vendors of books, periodicals, newspapers or others exempted by law; (9) Individual vendors at fundraising events held by tax-exempt nonprofit organizations described by IRC Section 501(c)(3) (educational and charitable), 501(c)(4) (social welfare), or 501(c)(10) (fraternal societies operating as lodges), when the vending activities are conducted 23 of 108 Ordinance No. _________ Page 6 of 13 by the individual vendor for a period not exceeding a cumulative total of three days and constitute the vendor’s only business activity within the city, and as a condition to participation in the event, the individual vendor pays a lump sum or a portion of the gross revenues to the nonprofit organization; (10) Any person, business, or organization engaged in public property vending, as defined by POMC 5.96.010(6), at a farmers’ market. 5.12.040 Display of license – Transferability. (1) Licenses to Be Posted. The city business licenses issued pursuant to this chapter shall be prominently displayed in the place of business at all times, and such license shall not be tampered with in any manner; provided, however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business or trade. (2) Licenses Not Transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting or operating the business. Also, upon substantial change in the type of business operated, a new business license shall be required. 5.12.050 Disclaimer of city liability – Indemnification. (1) Issuance of a license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issuance of a license does not shift responsibility from the licensee to the city for proper training, conduct or equipment of the licensee or his agents, employees or representatives, even if specific regulations require standards of training, conduct or inspection. Issuance of the license does not exempt the licensee from other required permits or licenses. (2) For all city business licenses issued to businesses operating under Chapters 69.50 and 69.51A RCW, and POMC Title 20: (a) All licensees waive and release the city, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations; and (b) All licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, 24 of 108 Ordinance No. _________ Page 7 of 13 personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the marijuana business or medical marijuana cooperative that is the subject of the license. 5.12.060 Prohibited use. A license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Port Orchard or of the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. 5.12.070 General qualifications of licensees. (1) No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to: (a) An applicant who is under 18 years of age at the time of the application, unless he/she shall obtain the written consent of said applicant’s parent or guardian to make said application; (b) An applicant who has had a similar license revoked or suspended, pursuant to POMC 5.12.120, or its predecessor; (c) An applicant who shall not first comply with the general laws of the state; (d) An applicant who seeks such a license in order to practice some illegal act or some act injurious to the public health or safety; (e) An applicant proposing any activity that is known to violate local, state, and/or federal law, except as otherwise specifically allowed pursuant to Chapters 69.50 and 69.51A RCW, and POMC Title 20. (2) Any person, including city officials, may submit written complaints or objections to the city license officer regarding the application for any license, and the city license officer is additionally authorized to request and receive information from all city departments as will tend to aid her/him in determining whether to issue or deny the license. Such information shall be confidential unless a hearing is requested on the application, or if the applicant shall request the information in writing. All information, complaints or objections shall be investigated and considered by the city license officer prior to issuing, denying or renewing any license. 5.12.080 Application procedure. (1) Application for a business license shall be made by submitting a completed business license application and any appropriate addenda forms, and remitting all fees due, including handling fees established in RCW 19.02.075, to the Washington State Department of Revenue’s business license service, in coordination with the city. 25 of 108 Ordinance No. _________ Page 8 of 13 (2) The annual business license fee shall be established by council resolution. (3) A license shall be issued after the application has been fully completed and all applicable requirements have been fully complied with. In addition, any business requiring a state or federal license shall obtain said licenses and provide the city with proof of their issuance prior to the issuance of a city business license or any renewal thereof. (4) Neither the filing of a new or renewal application for a license shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (5) Any business relocating to another address in the city shall reapply to have a new business license reissued to reflect the new address. (6) If more than one business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. (7) The license shall expire on the date established by the business license service and must be renewed on or before the expiration in order to continue conducting business in the city. The license term and fee may be prorated to accommodate the expiration date established by the business license service. (8) A single (master) business license will be issued to the owner of a business complex which has dealers/stations utilizing a common single cashiering function. The owner shall provide a list of the State Department of Revenue tax numbers for all tenants. 5.12.090 Renewal. (1) Renewal Process. The city business license must be renewed on or before the expiration date. The business license service shall send a renewal notice to each licensee at the last address provided by the business. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license. Failure to renew the license by the expiration date may result in the charging of the late renewal penalty established in RCW 19.02.085. Failure to renew the license within 120 days after the expiration date may result in the cancellation of the license and may require the reapplication for a license in order to continue conducting business in the city. (2) Renewal Fee. The annual business license renewal fee shall be established by council resolution. 5.12.100 Licenses for businesses located outside city limits. For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city, shall submit a business license registration to the city finance director or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. Peddlers 26 of 108 Ordinance No. _________ Page 9 of 13 and hawkers shall apply for a business license. Businesses whose activities require a permit issued under the jurisdiction of the Uniform Building Codes shall apply for a business license. 5.12.110 License approval or denial. The city license officer shall approve business licenses for all persons who submit an application in accordance with the process described in POMC 5.12.080 and are qualified under the requirements of this chapter and shall: (1) Submit all applications to the planning department, fire authority, city clerk’s department and police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. (2) A business license shall only be issued if none of the conditions listed in POMC 5.12.120(1)(a) through (f) exist or apply to the license applicant or premises proposed to be licensed. (3) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefor. Within 15 calendar days after the city license officer’s decision, the applicant may request an appeal and hearing before the city council by filing a written notice of appeal and paying the appeal fee of $200.00. The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place of the hearing. If request for hearing is not received within the time specified, the license officer’s decision shall be final. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (4) If an application for a business license is denied and the applicant has filed a timely appeal of such denial, the applicant may continue to conduct business during the pendency of the appeal. 5.12.120 Suspension or revocation procedure. (1) In addition to the other penalties provided herein or by law, any business license issued under the provisions of this chapter may be revoked or suspended, should any or all of the following conditions apply: (a) The license was procured by fraud, false representation, or material omission of fact; or (b) The licensee or any of its employees, officers, agents or servants, while acting within the scope of their employment, violates or fails to comply with any of the provisions of this chapter; or (c) The licensee’s continued conduct of the business for which the license was issued has or will result in a danger to the public health, safety or welfare, or the violation of any federal or state law or any ordinance or regulation of the city; provided, however, for purposes of this chapter only, a marijuana use operated in full compliance with Chapter 69.50 or 69.51A RCW, and POMC Title 20, shall not be deemed to violate federal or state law; or 27 of 108 Ordinance No. _________ Page 10 of 13 (d) The licensee has been convicted in any court of violating any federal, state or city statute, law, regulation or ordinance upon the business premises stated in the license; or (e) The place of business does not conform to city ordinance; or (f) The license is being used for a purpose different from that for which it was issued. (2) Whenever the city license officer determines that there is cause for suspending or revoking any license issued pursuant to this chapter, the officer shall notify the person holding the license by mail, return receipt requested, of the determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension, denial or revocation. (3) The licensee may appeal the decision of the city officer to deny or revoke a business license by filing a written notice of appeal to the city council and paying the appeal fee of $200.00 within 15 calendar days of the city license officer’s decision. (4) Upon timely receipt of the notice of appeal, the city license officer shall set a date for hearing the appeal. The city license officer shall mail notice of the date of the hearing to the licensee at least 15 calendar days prior to the hearing date. (5) The hearing shall be de novo. The city council may affirm, reverse or modify the city license officer’s decision. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (6) The decision of the city council shall be final. Any person desiring to appeal must file the appropriate action in Kitsap County superior court within 15 calendar days of the city council’s decision. (7) It is unlawful for any such person whose city business license has been revoked or suspended to continue operation of the business enterprise, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the city license officer. Following revocation, no business license shall be issued for a period of 12 months to the person or business entity whose license was revoked, or to any business entity owned or controlled by such person or entity. 5.12.130 Exercise of power. This chapter shall be deemed an exercise of the power of the city to license for revenue and regulation, and nothing in this chapter shall be construed to repeal or affect any other ordinance of the city which purports to regulate some business or activity pursuant to the general police power of the city, notwithstanding the fact that such ordinance may or might contain provisions relating to the licensing of such activity. 5.12.140 Inspections – Right of entry. (1) The city license officer or any police officer is authorized to make such inspections and take 28 of 108 Ordinance No. _________ Page 11 of 13 such action as may be required to enforce the provisions of this chapter. (2) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever a city license officer has reasonable cause to believe that a licensee is operating in violation of this chapter, a license officer may enter the licensee’s place of business at all reasonable times to inspect the same or perform any duty imposed on the license officer by this chapter; provided that: (a) If the place of business is occupied, a license officer shall first present proper credentials and demand entry; and (b) If the place of business is unoccupied, a license officer shall first make a reasonable effort to locate the licensee or other persons having charge or control of the place of business and demand entry; and (c) If entry is refused, a license officer shall have recourse to the remedies provided by law to secure entry. 5.12.150 Notice and order. (1) Issuance. The city license officer shall issue a notice and order, directed to the licensee or owner of the premises determined to be in violation of any of the terms and provisions of this chapter. The notice and order shall contain: (a) The street address, when available, and a Kitsap County tax account number for identification of the premises upon which the violation has occurred; (b) A statement that a license officer has found the conduct of the licensee or condition of the premises to be in violation of this chapter, with a brief and concise description of the conditions found to render such licensee or premises in violation; (c) A statement of any action required to be taken to comply with this chapter, as determined by a city license officer. If the license officer has determined to assess a civil penalty, the order shall require that the penalty shall be paid within a time certain from the date of order; (d) A statement of any action taken by a city license officer; (e) Statement advising: (i) That the person may appeal from the notice and order to the city council; provided, that the appeal is made in writing as provided in this chapter and filed with the city license officer within 15 calendar days from the date of service of such notice and order; and (ii) The failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. 29 of 108 Ordinance No. _________ Page 12 of 13 (2) Method of Service. The notice and order shall be served upon the licensee either personally or by mailing a copy of such notice and order by mail, return receipt requested, to such licensee at his/her address as it appears on the most recent business license application. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by mail in the manner herein provided shall be effective on the date of mailing. (3) Appeals. Appeals of any notice and order and any penalty imposed hereunder may be brought by any person entitled to service of the notice and order within 15 calendar days after service of the notice and order. Such requests for an appeal and hearing shall be filed with the city license officer, and be accompanied by the appeal fee of $200.00. The city license officer shall notify the applicant by mail of the time and place of the hearing before the city council. The appeal fee shall be refundable only if the city council finds in favor of the applicant. 5.12.160 Civil penalty. (1) In addition to or as an alternative to any other penalty provided herein or by law, civil penalties shall be assessed against any licensee or person who violates any provision of this chapter as follows: (a) Operation of Business Without a License. The penalty for operation of a business without a license shall be assessed by the city license officer in an amount not to exceed $500.00 for every 30-day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsection (1)(b) of this section. (b) Operation of Business After License Expiration. Failure to renew the license on or before the expiration date established by the business license service will subject the licensee to the penalty or license cancellation set forth in POMC 5.12.090. (c) Violations of the Business License Chapter. The penalty for violations of this chapter, other than the late renewal penalty, shall be assessed by the city license officer in an amount not to exceed $500.00. (2) The city license officer may vary the amount of the penalty to be assessed in subsections (1)(a) and (c) of this section, upon consideration of the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of the past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. 5.12.170 Criminal penalties. Any person violating or failing to comply with any of the provisions of this business license chapter, and who has had a civil penalty entered against him or her pursuant to POMC 5.12.160 30 of 108 Ordinance No. _________ Page 13 of 13 within the past five years, shall be subject to criminal prosecution and upon conviction of a subsequent violation, shall be fined in a sum not exceeding $1,000. Each day of noncompliance with any of the provisions of this chapter shall constitute a separate offense. 5.12.180 Additional relief. The city license officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when civil or criminal penalties are inadequate to effect compliance. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect January 1, 2019. 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 11th day of September 2018. Robert Putaansuu, Mayor ATTEST: SPONSOR: Brandy Rinearson, MMC, City Clerk , Councilmember APPROVED AS TO FORM: Sharon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: 31 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 1/9 Chapter 5.12 BUSINESS LICENSES Sections: 5.12.010 Definitions. 5.12.020 Requirements. 5.12.030 Exemptions. 5.12.040 Display of license – Transferability. 5.12.050 Disclaimer of city liability – Indemnification. 5.12.060 Prohibited use. 5.12.070 General qualifications of licensees. 5.12.080 Application procedure. 5.12.090 Renewal. 5.12.100 Licenses for businesses located outside city limits. 5.12.110 License approval or denial. 5.12.120 Suspension or revocation procedure. 5.12.130 Exercise of power. 5.12.140 Inspections – Right of entry. 5.12.150 Notice and order. 5.12.160 Civil penalty. 5.12.170 Criminal penalties. 5.12.180 Additional relief. 5.12.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein: (1) (1) “Business” includes all activities, occupations, pursuits or professions located and/or engaginged in business within the city with the object of gain, benefit or advantage to the licensee or to another person or class, directly or indirectly, whether part-time or full-time. Each business location shall be deemed a separate business. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate of 10 or more rental units located on a single or contiguous lot(s) and the owner of any business or commercial building containing any rental units shall be considered to be engaged engaging in a “business.” Utility companies are defined as businesses. (a) For purposes of this chapter, “business” also includes medical marijuana cooperatives as defined under Chapter 69.51A RCW and marijuana producers, marijuana processors, marijuana retailers and marijuana retail outlets as defined in Chapter 69.50 RCW. (2) “Engaging in business” (a) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. (b) This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimus business activities in the city without having to pay a business license fee. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (a). If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. Formatted: Font: Times New Roman, 10 pt Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.48" + Indent at: 0.68" 32 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 2/9 (c) Without being all inclusive, any one of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license. i.Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. ii.Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the city. iii.Soliciting sales. iv.Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. v.Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. vi.Installing, constructing, or supervising installation or construction of, real or tangible personal property. vii.Soliciting, negotiating, or approving franchise, license, or other similar agreements. viii.Collecting current or delinquent accounts. ix.Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. x.Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. xi.Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. xii.Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. xiii.Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. xiv. Investigating, resolving, or otherwise assisting in resolving customer complaints. xv.In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. xvi. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. 33 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 3/9 (d) If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person’s behalf, engages in no other activities in or with the city but the following, it need not register and obtain a business license. i. Meeting with suppliers of goods and services as a customer. ii. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. iii. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business such as a member of a board of directors who attends a board meeting. iv. Renting tangible or intangible property as a customer when the property is not used in the city. v. Attending, but not participating in a "trade show" or "multiple vendor events". Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. vi. Conducting advertising through the mail. vii. Soliciting sales by phone from a location outside the city. (e) A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the city. Such activities do not include those in subsection (d). The city expressly intends that “engaging in business” includes any activity sufficient to establish nexus for purposes of applying the license fee under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. (2)(3) (2) “Person” means any individual, firm, partnership, company, corporation, association, receiver, assignee, trust, estate, joint venture, group, joint stock company, business trust, society or any group of individuals acting as a unit. (3)(4) (3) “Licensee” means any business granted a business license by the city. (4)(5) (4) “Premises” includes all lands, structures and places, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such premises. (5)(6) (5) “City license officer” is the city treasurerfinance director, her/his designee or any city of Port Orchard police officer. (6)(7) (6) “Minor” means any person under 18 years of age. (7)(8) (7) “Nonprofit organization” means an organization which has been granted nonprofit status by the Secretary of State of Washington or the Internal Revenue Service. Formatted: Indent: Left: 0" 34 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 4/9 5.12.020 Requirements. Any person, firm, or corporation that is engaginges in business or carries on within the city any business, profession, trade or occupation designated in this chapter shall first obtain from the city a license to do so. Unless otherwise exempted, the license established by this chapter is in addition to any other license required by another chapter within POMC Title 5. All licenses issued pursuant to the provisions of this chapter shall be posted in a prominent location at the premises where the licensed business, profession, trade or occupation is carried on. 5.12.030 Exemptions. The following operations shall be exempt from obtaining a business license: To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: (1) Any instrumentality of the United States, state of Washington or any political subdivision thereof, with respect to the exercise of governmental functions; (2) Any person, firm, or corporation which the city is forbidden to tax by law; (3) Pursuant to RCW 36.71.090, no business license shall be required of any farmer, gardener or other person to sell, deliver or peddle any fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, or produced by such person. Collective gardens as defined under Chapter 69.51A RCW are not covered by this exemption; (4) No business license shall be required of any minor engaging in a de minimis entrepreneurial venture with permission of the property owner, including but not limited to such trade and activities as running a lemonade stand; (5) Accredited public or private schools, colleges or universities, as to their education endeavors only; churches and other religious bodies, as to their religious activities only; fraternal organizations and lodges as to their fraternal and lodge activities only; civic and charitable organizations, including nonprofit hospitals and clinics, as to their civic and charitable activities only; but not as to any business activities by these entities; (6) Garage, yard and rummage sales; (7) Representatives from businesses located outside the city limits calling on licensed businesses within the city limits for purposes of wholesale business; (8) Vendors of books, periodicals, newspapers or others exempted by law; (9) Individual vendors at fundraising events held by tax-exempt nonprofit organizations described by IRC Section 501(c)(3) (educational and charitable), 501(c)(4) (social welfare), or 501(c)(10) (fraternal societies operating as lodges), when the vending activities are conducted by the individual vendor for a period not exceeding a cumulative total of three days and constitute the vendor’s only business activity within the city, and as a condition to participation in the event, the individual vendor pays a lump sum or a portion of the gross revenues to the nonprofit organization; (10) Any person, business, or organization engaged in public property vending, as defined by POMC 5.96.010(6), at a farmers’ market. 5.12.040 Display of license – Transferability. (1) Licenses to Be Posted. The city business licenses issued pursuant to this chapter shall be prominently displayed in the place of business at all times, and such license shall not be tampered with in any manner; provided, however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, business or trade. (2) Licenses Not Transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferor shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to 35 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 5/9 the procedures established by this chapter prior to engaging in, conducting or operating the business. Also, upon substantial change in the type of business operated, a new business license shall be required. 5.12.050 Disclaimer of city liability – Indemnification. (1) Issuance of a license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issuance of a license does not shift responsibility from the licensee to the city for proper training, conduct or equipment of the licensee or his agents, employees or representatives, even if specific regulations require standards of training, conduct or inspection. Issuance of the license does not exempt the licensee from other required permits or licenses. (2) For all city business licenses issued to businesses operating under Chapters 69.50 and 69.51A RCW, and POMC Title 20: (a) All licensees waive and release the city, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations; and (b) All licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the marijuana business or medical marijuana cooperative that is the subject of the license. 5.12.060 Prohibited use. A license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Port Orchard or of the statutes of the state of Washington. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. 5.12.070 General qualifications of licensees. (1) No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to: (a) An applicant who is under 18 years of age at the time of the application, unless he/she shall obtain the written consent of said applicant’s parent or guardian to make said application; (b) An applicant who has had a similar license revoked or suspended, pursuant to POMC 5.12.120, or its predecessor; (c) An applicant who shall not first comply with the general laws of the state; (d) An applicant who seeks such a license in order to practice some illegal act or some act injurious to the public health or safety; (e) An applicant proposing any activity that is known to violate local, state, and/or federal law, except as otherwise specifically allowed pursuant to Chapters 69.50 and 69.51A RCW, and POMC Title 20. (2) Any person, including city officials, may submit written complaints or objections to the city license officer regarding the application for any license, and the city license officer is additionally authorized to request and receive information from all city departments as will tend to aid her/him in determining whether to issue or deny the license. Such information shall be confidential unless a hearing is requested on the application, or if the applicant shall request the information in writing. All information, complaints or objections shall be investigated and considered by the city license officer prior to issuing, denying or renewing any license. 36 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 6/9 5.12.080 Application procedure. (1) Application for a business license shall be made by submitting a completed master business license application and any appropriate addenda forms, and remitting all fees due, including handling fees established in RCW 19.02.075, to the Washington State Department of Licensing’s Revenue’s master business license service, in coordination with the city. (2) The annual business license fee shall be established by council resolution. (3) A license shall be issued after the application has been fully completed and all applicable requirements have been fully complied with. In addition, any business requiring a state or federal license shall obtain said licenses and provide the city with proof of their issuance prior to the issuance of a city business license or any renewal thereof. (4) Neither the filing of a new or renewal application for a license shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (5) Any business relocating to another address in the city shall reapply to have a new business license reissued to reflect the new address. (6) If more than one business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. (7) The license shall expire on the date established by the master business license service and must be renewed on or before the expiration in order to continue conducting business in the city. The license term and fee may be prorated to accommodate the expiration date established by the master business license service. (8) A single (master) business license will be issued to the owner of a business complex which has dealers/stations utilizing a common single cashiering function. The owner shall provide a list of the State Department of Revenue tax numbers for all tenants. 5.12.090 Renewal. (1) Renewal Process. The city business license must be renewed on or before the expiration date. The master business license service shall send a renewal notice to each licensee at the last address provided by the business. Failure of the licensee to receive any such form shall not excuse the licensee from making application for and securing the required renewal license. Failure to renew the license by the expiration date may result in the charging of the late renewal penalty established in RCW 19.02.085. Failure to renew the license within 120 days after the expiration date may result in the cancellation of the license and may require the reapplication for a license in order to continue conducting business in the city. (2) Renewal Fee. The annual business license renewal fee shall be established by council resolution. 5.12.100 Licenses for businesses located outside city limits. Businesses located outside the city conducting mobile direct retail sales and/or mobile service (repairs, tool sale vans, etc.) shall apply for a business license. For purposes of the license by this chapter, any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city, shall submit a business license registration to the city finance dDirector or designee. The threshold does not apply to regulatory license requirements or activities that require a specialized permit. Peddlers and hawkers shall apply for a business license. Businesses whose activities require a permit issued under the jurisdiction of the Uniform Building Codes shall apply for a business license. 5.12.110 License approval or denial. The city license officer shall approve business licenses for all persons who submit an application in accordance with the process described in POMC 5.12.080 and are qualified under the requirements of this chapter and shall: (1) Submit all applications to the planning department, fire authority, city clerk’s department and police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. 37 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 7/9 (2) A business license shall only be issued if none of the conditions listed in POMC 5.12.120(1)(a) through (f) exist or apply to the license applicant or premises proposed to be licensed. (3) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefor. Within 15 calendar days after the city license officer’s decision, the applicant may request an appeal and hearing before the city council by filing a written notice of appeal and paying the appeal fee of $200.00. The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place of the hearing. If request for hearing is not received within the time specified, the license officer’s decision shall be final. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (4) If an application for a business license is denied and the applicant has filed a timely appeal of such denial, the applicant may continue to conduct business during the pendency of the appeal. 5.12.120 Suspension or revocation procedure. (1) In addition to the other penalties provided herein or by law, any business license issued under the provisions of this chapter may be revoked or suspended, should any or all of the following conditions apply: (a) The license was procured by fraud, false representation, or material omission of fact; or (b) The licensee or any of its employees, officers, agents or servants, while acting within the scope of their employment, violates or fails to comply with any of the provisions of this chapter; or (c) The licensee’s continued conduct of the business for which the license was issued has or will result in a danger to the public health, safety or welfare, or the violation of any federal or state law or any ordinance or regulation of the city; provided, however, for purposes of this chapter only, a marijuana use operated in full compliance with Chapter 69.50 or 69.51A RCW, and POMC Title 20, shall not be deemed to violate federal or state law; or (d) The licensee has been convicted in any court of violating any federal, state or city statute, law, regulation or ordinance upon the business premises stated in the license; or (e) The place of business does not conform to city ordinance; or (f) The license is being used for a purpose different from that for which it was issued. (2) Whenever the city license officer determines that there is cause for suspending or revoking any license issued pursuant to this chapter, the officer shall notify the person holding the license by mail, return receipt requested, of the determination. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspension, denial or revocation. (3) The licensee may appeal the decision of the city officer to deny or revoke a business license by filing a written notice of appeal to the city council and paying the appeal fee of $200.00 within 15 calendar days of the city license officer’s decision. (4) Upon timely receipt of the notice of appeal, the city license officer shall set a date for hearing the appeal. The city license officer shall mail notice of the date of the hearing to the licensee at least 15 calendar days prior to the hearing date. (5) The hearing shall be de novo. The city council may affirm, reverse or modify the city license officer’s decision. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (6) The decision of the city council shall be final. Any person desiring to appeal must file the appropriate action in Kitsap County superior court within 15 calendar days of the city council’s decision. (7) It is unlawful for any such person whose city business license has been revoked or suspended to continue operation of the business enterprise, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the city license officer. Following revocation, no business license shall 38 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 8/9 be issued for a period of 12 months to the person or business entity whose license was revoked, or to any business entity owned or controlled by such person or entity. 5.12.130 Exercise of power. This chapter shall be deemed an exercise of the power of the city to license for revenue and regulation, and nothing in this chapter shall be construed to repeal or affect any other ordinance of the city which purports to regulate some business or activity pursuant to the general police power of the city, notwithstanding the fact that such ordinance may or might contain provisions relating to the licensing of such activity. 5.12.140 Inspections – Right of entry. (1) The city license officer or any police officer is authorized to make such inspections and take such action as may be required to enforce the provisions of this chapter. (2) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever a city license officer has reasonable cause to believe that a licensee is operating in violation of this chapter, a license officer may enter the licensee’s place of business at all reasonable times to inspect the same or perform any duty imposed on the license officer by this chapter; provided that: (a) If the place of business is occupied, a license officer shall first present proper credentials and demand entry; and (b) If the place of business is unoccupied, a license officer shall first make a reasonable effort to locate the licensee or other persons having charge or control of the place of business and demand entry; and (c) If entry is refused, a license officer shall have recourse to the remedies provided by law to secure entry. 5.12.150 Notice and order. (1) Issuance. The city license officer shall issue a notice and order, directed to the licensee or owner of the premises determined to be in violation of any of the terms and provisions of this chapter. The notice and order shall contain: (a) The street address, when available, and a Kitsap County tax account number for identification of the premises upon which the violation has occurred; (b) A statement that a license officer has found the conduct of the licensee or condition of the premises to be in violation of this chapter, with a brief and concise description of the conditions found to render such licensee or premises in violation; (c) A statement of any action required to be taken to comply with this chapter, as determined by a city license officer. If the license officer has determined to assess a civil penalty, the order shall require that the penalty shall be paid within a time certain from the date of order; (d) A statement of any action taken by a city license officer; (e) Statement advising: (i) That the person may appeal from the notice and order to the city council; provided, that the appeal is made in writing as provided in this chapter and filed with the city license officer within 15 calendar days from the date of service of such notice and order; and (ii) The failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (2) Method of Service. The notice and order shall be served upon the licensee either personally or by mailing a copy of such notice and order by mail, return receipt requested, to such licensee at his/her address as it appears on the most recent business license application. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by mail in the manner herein provided shall be effective on the date of mailing. 39 of 108 Port Orchard Municipal Code Chapter 5.12 BUSINESS LICENSES Page 9/9 (3) Appeals. Appeals of any notice and order and any penalty imposed hereunder may be brought by any person entitled to service of the notice and order within 15 calendar days after service of the notice and order. Such requests for an appeal and hearing shall be filed with the city license officer, and be accompanied by the appeal fee of $200.00. The city license officer shall notify the applicant by mail of the time and place of the hearing before the city council. The appeal fee shall be refundable only if the city council finds in favor of the applicant. 5.12.160 Civil penalty. (1) In addition to or as an alternative to any other penalty provided herein or by law, civil penalties shall be assessed against any licensee or person who violates any provision of this chapter as follows: (a) Operation of Business Without a License. The penalty for operation of a business without a license shall be assessed by the city license officer in an amount not to exceed $500.00 for every 30-day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsection (1)(b) of this section. (b) Operation of Business After License Expiration. Failure to renew the license on or before the expiration date established by the masterbusiness license service will subject the licensee to the penalty or license cancellation set forth in POMC 5.12.090. (c) Violations of the Business License Chapter. The penalty for violations of this chapter, other than the late renewal penalty, shall be assessed by the city license officer in an amount not to exceed $500.00. (2) The city license officer may vary the amount of the penalty to be assessed in subsections (1)(a) and (c) of this section, upon consideration of the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of the past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. 5.12.170 Criminal penalties. Any person violating or failing to comply with any of the provisions of this business license chapter, and who has had a civil penalty entered against him or her pursuant to POMC 5.12.160 within the past five years, shall be subject to criminal prosecution and upon conviction of a subsequent violation, shall be fined in a sum not exceeding $1,000. Each day of noncompliance with any of the provisions of this chapter shall constitute a separate offense. 5.12.180 Additional relief. The city license officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when civil or criminal penalties are inadequate to effect compliance. 40 of 108 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: September 11, 2018 Subject: Adoption of a Resolution Establishing a Prepared by: Noah Crocker Business License Minimum Threshold Finance Director Exemption Atty Routing No.: 088-18 Atty Review Date: September 7, 2018 Summary: Per Engrossed House Bill (EHB) 2005, adopted by the State Legislature in 2017, a city business license workgroup was established and has drafted language for a model business license ordinance to be adopted by all cities, which includes both legislative requirements of defining the meaning of “engaging in business” and setting a minimum threshold. The City is required to repeal the currently established Business License fee resolution, No. 004-11, and replace it with a new resolution incorporating necessary language changes to establish a minimum threshold exemption. Recommendation: Staff recommend approving the Resolution as provided. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution establishing a minimum threshold exemption.” Fiscal Impact: N/A Alternatives: Do not approve Resolution and provide alternative guidance Attachments: Resolution 41 of 108 This Page Intentionally Left Blank 42 of 108 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 004-11 AND ESTABLISHING A NEW BUSINESS LICENSE FEE AND BUSINESS LICENSE RENEWAL FEE. WHEREAS, the City of Port Orchard has established regulations requiring all businesses and/or persons doing business within the Port Orchard city limits to obtain a city business license; and WHEREAS, the City of Port Orchard has adopted Ordinance No. xxxx amending Chapter 5.12 of the Port Orchard Municipal Code (POMC) (entitled “Business Licenses”); and WHEREAS, Chapter 5.12 POMC provides that the establishment of fees for the issuance and/or renewal of city business licenses shall be by council resolution; and WHEREAS, in 2017, the state legislature passed EHB 2005, an act relating to improving the business climate in Washington state by simplifying the administration of municipal general business licenses and requiring cities to develop a general business licensing model ordinance; and WHEREAS, the City of Port Orchard has determined to update its business license fees to follow these prescribed standards; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: SECTION 1. Resolution No. 004-11 is hereby repealed in its entirety effective January 1, 2019. SECTION 2. Business License Fee: Effective for new business licenses and business license renewals issued from January 1, 2019 and each year thereafter as set forth in Port Orchard Municipal Code 5.12.080(2), the license fee shall be: General Business: $35.00 per year Non-Profit: $0.00 per year Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city: $0.00 per year Fees are due annually and such fee shall be paid prior to issuance of the license. Non-profits, and any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than $2,000 and who does not maintain a place of business within the city, will still be required to obtain a license. 43 of 108 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 City Clerk in authentication of such passage this 11th day of September 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 44 of 108 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: September 11, 2018 Subject: Adoption of an Ordinance Amending Port Prepared by: Mark R. Dorsey, P.E. Orchard Municipal Code Chapter 10.12 Public Works Director “Parking, Standing, and Stopping” Atty Routing No.: N/A Atty Review Date: N/A Summary: As a housekeeping measure, and in working with Parking Enforcement staff, and to support proposed modifications to the City’s Car Charging stalls, the City’s Public Works Department continues to annually inventory existing signage to compile corrections, revisions and/or modifications to the current Port Orchard Municipal Code (POMC), Chapter 10.12. Recommendation: Staff recommends adoption of an Ordinance, thereby updating POMC Chapter 10.12.500 and 10.12.560, regarding Parking, Stopping or Standing in Certain Areas of the City. Relationship to Comprehensive Plan: None. Motion for Consideration: I move to adopt an Ordinance, thereby updating POMC Chapter 10.12.500 and 10.12.560, regarding Parking, Stopping or Standing in Certain Areas of the City, with final form approved by the City Attorney. Fiscal Impact: None. Alternatives: Do not approve and provide further direction to staff. Attachments: Ordinance Redline and Final Version. 45 of 108 This Page Intentionally Left Blank 46 of 108 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTIONS 10.12.500 AND 10.12.560 OF THE PORT ORCHARD MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in the City; and WHEREAS, Port Orchard Municipal Code Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chose to codify the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, in response to a change in condition at Seattle Avenue, specific revisions to Sections 10.12.500 and 10.12.560 are proposed by staff; and WHEREAS, staff has inspected and verified the parking conditions, including signage, at the location described and seeks to modify the regulations so that the regulations correctly reflect the true conditions; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Ada Street: on the north side of Ada Street, in front of 825 Ada Street. 2. Advantage Avenue: on the west side of the north 350 feet of roadway and on the left- hand side, as the traffic flows, of the remainder of the street. 47 of 108 Ordinance No. ____ Page 2 of 13 3. Andasio Loop SE: on the outside curb along the entire loop. 4. Arnold Avenue E.: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E.: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: on both sides, from the traffic signal on SR 166 (Bay/Maple Street) for a distance of 200 feet northeast of Guy Wetzel Street. 7. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 8. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 9. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 10. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 11. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 12. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of-way. 13. Chanting Circle SW: on both sides of street, from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the 48 of 108 Ordinance No. ____ Page 3 of 13 remaining part of Chanting Circle. 14. Chatterton Avenue SW: on right-hand side of street as the traffic flows. 15. Chowchilla Way: on the south side of street. 16. Dallas Street: on the right-hand side, as the traffic flows. 17. DeKalb Street: on both sides from Cline Avenue easterly to dead end. 18. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 19. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 20. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 21. Donna Street: on the south side of street. 22. Egret Street: on the south side of the street. 23. Fiscal Street: on the south side of the street. 24. Fantail Place: on the east side of the street. 25. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 26. Glenmore Loop: on the inside radius of the entire loop. 27. Glenwood Road SW: on the north side, from Sidney Road 350 feet west. 28. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 29. Guy Wetzel Street: on both sides from Bay Street to Perry Avenue. 30. Huntington Street: on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 49 of 108 Ordinance No. ____ Page 4 of 13 31. Jabirin Way: on the north side of street. 32. Koda Circle: along fire lanes where marked/posted. 33. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 34. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 35. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 36. Lowren Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 37. Lumsden Road: on both sides of the street. 38. Lone Bear Drive: on both sides from Feigley Road to SW Stanwick Way. 39. Longview Avenue: on east side of street. 40. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. 41. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 42. Orlando Street: on south side of street. 43. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 44. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 45. Prospect Street: on the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 46. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right-of-way. 47. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 48. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 50 of 108 Ordinance No. ____ Page 5 of 13 49. Ross Street: on the south side of the 400 block. 50. Sage Court: on both sides of street. 51. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left-hand side, as the traffic flows, on the remainder of the street. 52. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet 5253. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. 5354. Sidney Avenue: on the west side from Bay Street to Prospect Street. 5455. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 5556. Snowridge Avenue: on the left-hand side, as the traffic flows on the street. 5657. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 5758. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 5859. Strathmore Circle SW: on outside of circle traveling either direction. 5960. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 6061. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 6162. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 6263. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 6364. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear 51 of 108 Ordinance No. ____ Page 6 of 13 Drive to Pickford Place SW. 6465. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 6566. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right- of-way. 6667. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 6768. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 6869. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 6970. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 2. Section 10.12.560 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.560 Parking time limited on certain streets. When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold Avenue E.: on the west side of Arnold Avenue E., south of Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin Avenue: on both sides, from Division Street to Dwight Street. There will be two-hour parking from 52 of 108 Ordinance No. ____ Page 7 of 13 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. 5. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day; except Saturday, Sunday, and federal holidays. 10. Bravo Terrace: on the south side from Bravo Terrace intersection west to end of cul-de-sac. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline Avenue: from the northeast corner of Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal 53 of 108 Ordinance No. ____ Page 8 of 13 holidays. 13. Cline Avenue: on both sides, from Taylor Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb Street: on the north side, from Cline Avenue easterly for a distance of 200 feet. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 15. DeKalb Street: on both sides, from Seattle Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 16. DeKalb Street: on the north side, from Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb Street: on the south side, from Tracy Avenue easterly to the end of DeKalb Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb Street: on both sides, from Mitchell Avenue westerly for a distance of 340 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. DeKalb Street: on the north side, from Mitchell Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be two-hour parking from 54 of 108 Ordinance No. ____ Page 9 of 13 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division Street: on both sides, from Cline Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 22. Division Street: on both sides from Cline Avenue westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 23. Dwight Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight Street: on both sides, from Mitchell Avenue westerly for a distance of 250 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Dwight Street: on both sides, from Austin Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Farragut Avenue: on the east side, 160 feet north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 27. Frederick Avenue: on both sides, from waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison Avenue: on both sides, from DeKalb Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison Avenue: on both sides, from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 55 of 108 Ordinance No. ____ Page 10 of 13 30. Harrison Avenue: on both sides from Ada Street to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap Street: on both sides, from Cline Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Kitsap Street: on both sides, from Mitchell Avenue westerly for a distance of 150 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell Avenue: on the east side, from DeKalb Street northerly for a distance of 70 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell Avenue: on the west side, from Kitsap Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; and that portion of 760 Mitchell Avenue marked as “No Parking Anytime.” 35. Mitchell Avenue: on the east side, from DeKalb Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton Street: on both sides, from Rockwell Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Morton Street: on both sides, from Rockwell Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 56 of 108 Ordinance No. ____ Page 11 of 13 38. Prospect Street: on both sides, from Sidney Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one-hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 39. Prospect Street: on both sides, from Kitsap Street to Robert Geiger Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 40. Prospect Street: along the green curb, in front of City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Robert Geiger St: on both sides, from Prospect Street to Bay Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 42. Seattle Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 50 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4443. Seattle Avenue: on both sides from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4544. Sidney Avenue: on both sides from Bay Street to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 57 of 108 Ordinance No. ____ Page 12 of 13 4645. Sidney Avenue: on the east side from Bay Street to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4746. Sidney Avenue: on both sides, from Prospect to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4847. Sidney Avenue: on both sides, from Kitsap Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4948. Sidney Avenue: on both sides, from DeKalb Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5049. Sweany Street: on the south side, from Cline Avenue westerly for a distance of 300 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5150. Sweany Street: on the north side, from Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5251. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5352. Tracy Avenue: abutting 219 Tracy Avenue. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5453. Water Street: from Bay Street to waterfront on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 5554. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour 58 of 108 Ordinance No. ____ Page 13 of 13 parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF#(8903310122) except Saturday, Sunday, and federal holidays. SECTION 3. Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendments of Section 10.12.500 and 10.12.560, after passage of this Ordinance, before the Effective Date. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 5. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 11th day of September 2018 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Sharon Cates, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: 59 of 108 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING ON PUBLIC STREETS; AMENDING SECTIONS 10.12.500 AND 10.12.560 OF THE PORT ORCHARD MUNICIPAL CODE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in the City; and WHEREAS, Port Orchard Municipal Code Section 10.12.080(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chose to codify the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, in response to a change in condition at Seattle Avenue, specific revisions to Sections 10.12.500 and 10.12.560 are proposed by staff; and WHEREAS, staff has inspected and verified the parking conditions, including signage, at the location described and seeks to modify the regulations so that the regulations correctly reflect the true conditions; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking prohibited at all times. When signs are erected by the city engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Ada Street: on the north side of Ada Street, in front of 825 Ada Street. 2. Advantage Avenue: on the west side of the north 350 feet of roadway and on the left- hand side, as the traffic flows, of 60 of 108 Ordinance No. ___ Page 2 of 13 the remainder of the street. 3. Andasio Loop SE: on the outside curb along the entire loop. 4. Arnold Avenue E.: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E.: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: on both sides, from the traffic signal on SR 166 (Bay/Maple Street) for a distance of 200 feet northeast of Guy Wetzel Street. 7. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 8. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 9. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 10. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 11. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 12. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of-way. 13. Chanting Circle SW: on both sides of street, from Old Clifton Road 260 feet. Then on the 61 of 108 Ordinance No. ___ Page 3 of 13 east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 14. Chatterton Avenue SW: on right-hand side of street as the traffic flows. 15. Chowchilla Way: on the south side of street. 16. Dallas Street: on the right-hand side, as the traffic flows. 17. DeKalb Street: on both sides from Cline Avenue easterly to dead end. 18. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 19. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 20. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 21. Donna Street: on the south side of street. 22. Egret Street: on the south side of the street. 23. Fiscal Street: on the south side of the street. 24. Fantail Place: on the east side of the street. 25. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 26. Glenmore Loop: on the inside radius of the entire loop. 27. Glenwood Road SW: on the north side, from Sidney Road 350 feet west. 28. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 29. Guy Wetzel Street: on both sides from Bay Street to Perry Avenue. 30. Huntington Street: on both sides from Olney Avenue to Glenmore Loop and the north 62 of 108 Ordinance No. ___ Page 4 of 13 side from Glenmore Loop to west end terminus. 31. Jabirin Way: on the north side of street. 32. Koda Circle: along fire lanes where marked/posted. 33. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 34. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 35. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 36. Lowren Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 37. Lumsden Road: on both sides of the street. 38. Lone Bear Drive: on both sides from Feigley Road to SW Stanwick Way. 39. Longview Avenue: on east side of street. 40. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. 41. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 42. Orlando Street: on south side of street. 43. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 44. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 45. Prospect Street: on the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 46. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right-of-way. 47. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 63 of 108 Ordinance No. ___ Page 5 of 13 48. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 49. Ross Street: on the south side of the 400 block. 50. Sage Court: on both sides of street. 51. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left-hand side, as the traffic flows, on the remainder of the street. 52. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet 53. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. 54. Sidney Avenue: on the west side from Bay Street to Prospect Street. 55. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 56. Snowridge Avenue: on the left-hand side, as the traffic flows on the street. 57. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 58. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 59. Strathmore Circle SW: on outside of circle traveling either direction. 60. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 61. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 62. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 63. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 64 of 108 Ordinance No. ___ Page 6 of 13 64. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 65. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 66. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right- of-way. 67. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 68. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 69. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 70. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. SECTION 2. Section 10.12.560 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.560 Parking time limited on certain streets. When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold Avenue E.: on the west side of Arnold Avenue E., south of Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 65 of 108 Ordinance No. ___ Page 7 of 13 3. Austin Avenue: on both sides, from Division Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. 5. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day; except Saturday, Sunday, and federal holidays. 10. Bravo Terrace: on the south side from Bravo Terrace intersection west to end of cul-de-sac. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline Avenue: from the northeast corner of Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two- 66 of 108 Ordinance No. ___ Page 8 of 13 hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 13. Cline Avenue: on both sides, from Taylor Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb Street: on the north side, from Cline Avenue easterly for a distance of 200 feet. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 15. DeKalb Street: on both sides, from Seattle Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 16. DeKalb Street: on the north side, from Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb Street: on the south side, from Tracy Avenue easterly to the end of DeKalb Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb Street: on both sides, from Mitchell Avenue westerly for a distance of 340 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. DeKalb Street: on the north side, from Mitchell Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 67 of 108 Ordinance No. ___ Page 9 of 13 20. Division Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division Street: on both sides, from Cline Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 22. Division Street: on both sides from Cline Avenue westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 23. Dwight Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight Street: on both sides, from Mitchell Avenue westerly for a distance of 250 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Dwight Street: on both sides, from Austin Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Farragut Avenue: on the east side, 160 feet north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 27. Frederick Avenue: on both sides, from waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison Avenue: on both sides, from DeKalb Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison Avenue: on both sides, from Dwight Street to Division Street. There will be two-hour parking from 68 of 108 Ordinance No. ___ Page 10 of 13 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Harrison Avenue: on both sides from Ada Street to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap Street: on both sides, from Cline Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Kitsap Street: on both sides, from Mitchell Avenue westerly for a distance of 150 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell Avenue: on the east side, from DeKalb Street northerly for a distance of 70 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell Avenue: on the west side, from Kitsap Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; and that portion of 760 Mitchell Avenue marked as “No Parking Anytime.” 35. Mitchell Avenue: on the east side, from DeKalb Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton Street: on both sides, from Rockwell Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Morton Street: on both sides, from Rockwell Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 69 of 108 Ordinance No. ___ Page 11 of 13 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 38. Prospect Street: on both sides, from Sidney Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one-hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 39. Prospect Street: on both sides, from Kitsap Street to Robert Geiger Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 40. Prospect Street: along the green curb, in front of City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Robert Geiger St: on both sides, from Prospect Street to Bay Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 42. Seattle Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Seattle Avenue: on both sides from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney Avenue: on both sides from Bay Street to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney Avenue: on the east side from Bay Street to Prospect 70 of 108 Ordinance No. ___ Page 12 of 13 Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 46. Sidney Avenue: on both sides, from Prospect to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney Avenue: on both sides, from Kitsap Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sidney Avenue: on both sides, from DeKalb Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 49. Sweany Street: on the south side, from Cline Avenue westerly for a distance of 300 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Sweany Street: on the north side, from Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Tracy Avenue: abutting 219 Tracy Avenue. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. Water Street: from Bay Street to waterfront on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 54. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any 71 of 108 Ordinance No. ___ Page 13 of 13 day, pursuant to easement AF#(8903310122) except Saturday, Sunday, and federal holidays. SECTION 3. Posting Signs. The City Engineer is hereby directed to post the signs as required and as a result of the amendments of Section 10.12.500 and 10.12.560, after passage of this Ordinance, before the Effective Date. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 5. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 11th day of September 2018 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Sharon Cates, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: 72 of 108 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: September 11, 2018 Subject: Adoption of a Resolution Authorizing Prepared by: Sharon Cates Code Enforcement Officer and City City Attorney Attorney to Initiate a Lawsuit for Atty Routing No.: 079-18 Warrant of Abatement at 1013 Morton Atty Review Date: September 6, 2018 Street Summary: The City of Port Orchard has been pursuing the abatement of 1013 Morton Street under the provisions of Chapter 35.80 RCW, as adopted by Port Orchard Municipal Code (POMC) Section 20.212. The current owners purchased the property located at 1013 Morton Street in October 2005. The two buildings, a 1.5-story house with daylight basement and a two-story garage/storage building, both built in 1912, have been vacant, dilapidated, and uninhabitable since at least April 2007, and the front retaining wall is broken, bulging and in danger of failure. Since 2007, the City has received repeated complaints about the buildings and property and had to make multiple contacts with the owners related to unsecured buildings, unpermitted work, uncontrolled vegetation, and property maintenance issues. In February 2008, City staff found work being done in the building without permits and stopped the work. Since that time, there have been no permit applications, no further work has been done (with the exception of the removal of a ramp between the two buildings), and the buildings and structures have continued to deteriorate, with no apparent maintenance done to preserve the buildings or structures. On September 12, 2017, Code Enforcement Officer Doug Price inspected the buildings on the Property, from the exterior only, and found multiple violations of Section 20.212. POMC. Due to damage, dilapidation, and improper and unpermitted construction and modification, the buildings and structures on the Property are dangerous or unfit for human habitation or other uses, as defined by POMC 20.212.040. On November 7, 2017, the City issued a Complaint and Notice of Hearing, stating in what respects the property is dangerous or unfit and accomplished proper service of the Complaint and Notice. The owners of the property never responded to the Complaint and Notice, but did appear at the hearing on November 27, 2017 before City’s Community Development Director. The owners did not, however, propose any plan to address the City’s Complaint. The City filed its Findings and Order on November 29, 2017, and accomplished proper service of the Findings and Order. The owners of the property have filed no appeal of the Notice and Order, and to date, the dangerous buildings and structures have not been abated. 73 of 108 Staff Report 7D Page 2 of 2 The next step to secure compliance with the City’s Notice and Order is to obtain a Warrant of Abatement from the Kitsap County Superior Court. Authorization to initiate lawsuits on behalf of the City must be obtained from the Port Orchard City Council. Recommendation: Provide authorization to the Code Enforcement Officer and City Attorney to move forward with the lawsuit to seek a Warrant of Abatement. Relationship to Comprehensive Plan: No relationship to Comprehensive Plan. Motion for consideration: I move to approve the Resolution authorizing the Port Orchard Code Enforcement Officer and City Attorney to undertake such actions as are necessary and appropriate to initiate and pursue a lawsuit for a Warrant of Abatement for the owners of 1013 Morton Street on behalf of the City of Port Orchard as presented. Fiscal Impact: A $240 filing fee is required by the Kitsap County Superior Court. All of the costs of this action, including attorney fees, are chargeable to the property owner, and so may be reimbursed. Alternatives: Do not approve Resolution and provide guidance to staff regarding either not moving forward with the abatement or moving forward without a Warrant of Abatement from the Kitsap County Superior Court. Attachments: Resolution. 74 of 108 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE CODE ENFORCEMENT OFFICER AND CITY ATTORNEY TO INITATE A LAWSUIT IN KITSAP COUNTY SUPERIOR COURT TO OBTAIN A WARRANT OF ABATEMENT FOR THE OWNER OF 1013 MORTON STREET. WHEREAS, the City of Port Orchard has been pursuing the abatement of 1013 Morton Street under the provisions of Chapter 35.80 RCW, as adopted by Port Orchard Municipal Code (POMC) Section 20.212 POMC; and WHEREAS, the current owners purchased the Property, located at 1013 Morton Street, Port Orchard, Kitsap County, Washington in October 2005. The two buildings, a 1.5-story house with daylight basement and a two-story garage/storage building, both built in 1912, have been vacant, dilapidated, and uninhabitable since at least April 2007, and the front retaining wall is broken, bulging and in danger of failure; and WHEREAS, since 2007, the City has received repeated complaints about the buildings and property and had to make multiple contacts with the owners related to unsecured buildings, unpermitted work, uncontrolled vegetation, and property maintenance issues; and WHEREAS, in February 2008, City staff found work being done in the building without permits and stopped the work. Since that time, there have been no permit applications, no further work has been done (with the exception of the removal of a ramp between the two buildings), and the buildings and structures have continued to deteriorate, with no apparent maintenance done to preserve the buildings or structures; and WHEREAS, on September 12, 2017, Code Enforcement Officer Doug Price inspected the buildings on the Property, from the exterior only, and found multiple violations of Section 20.212. POMC; and WHEREAS, due to damage, dilapidation, and improper and unpermitted construction and modification, the buildings and structures on the Property are dangerous or unfit for human habitation or other uses, as defined by POMC 20.212.040; and WHEREAS, on November 7, 2017, the City issued a Complaint and Notice of Hearing, stating in what respects the property is dangerous or unfit and accomplished proper service of the Complaint and Notice; and 75 of 108 Resolution No. ___ Page 2 of 3 WHEREAS, the owners of the property never responded to the Complaint and Notice; and WHEREAS, the owners of the property appeared at the hearing on November 27, 2017 before City’s Community Development Director but did not propose any plan to address the City’s Complaint; and WHEREAS, the City filed its Findings and Order on November 29, 2017, and accomplished proper service of the Findings and Order; and WHEREAS, the owners of the property have filed no appeal of the Notice and Order; and WHEREAS, to date, the dangerous buildings and structures have not been abated; and WHEREAS, the next step to secure compliance with the City’s Notice and Order is to obtain a Warrant of Abatement from the Kitsap County Superior Court; and WHEREAS, authorization to initiate lawsuits on behalf of the City must be obtained from the Port Orchard City Council; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. 2. Authorization. Authorization to initiate a lawsuit on behalf of the City of Port Orchard, seeking to obtain a Warrant of Abatement for the owners of the property located at 1013 Morton Street in Port Orchard, Washington, is hereby provided to the Port Orchard Code Enforcement Officer and the City Attorney, who may, as representatives of the City, undertake such actions as are necessary and appropriate to pursue such lawsuit on behalf of the City. 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 76 of 108 Resolution No. ___ Page 3 of 3 4. Effective Date. This Resolution shall take effect immediately upon its passage. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 11th day of September 2018. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk 77 of 108 This Page Intentionally Left Blank 78 of 108 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: September 11, 2018 Subject: Approval of Change Order No. 7 to Contract Prepared by: Mark Dorsey, P.E. No. 037-17 with Active Construction Inc., Public Works Director for the Tremont Street Widening Project Atty Routing No.: N/A Atty Review Date: N/A Summary: On June 27, 2017, the Port Orchard City Council approved Contract No. 037-17 with Active Construction, Inc. for the Tremont Street Widening Project. Current change order approvals by Council to date total $673,004.87 with Change Order No. 2 and No. 3 amendments still pending. Tonight’s action is for the change order approval of the change in condition dewatering of the SR 16 interchange at Tremont Street, as needed for the installation of the 30-inch storm drainage outfall to Ross Creek. As mentioned before, the Change Order approval process between the Contractor, the City’s CA/CM Team and WSDOT Highways & Local Programs will not occur in time for this Regular Meeting and cannot wait, therefore, the City’s Public Works Department is requesting authorization for the Mayor to execute Change Order No. 7 in an amount of $114,820.78 with Active Construction, Inc. at this time. In general summary, the current value of all change orders to date total $787,825.65, or 78.8% of the Contingency Value. Relationship to Comprehensive Plan: Project 1.1 – Chapter 8: Transportation. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Orders No. 7 with Active Construction, Inc. in the amount not to exceed $114,820.78 added to the current contract amount. Motion for Consideration: I move to authorize the Mayor to execute Change Order No. 7 with Active Construction, Inc. in the amount not to exceed $114,820.78 added to the current contract amount. Fiscal Impact: Funding provided within the approved 2017-2018 Budget for this Project. Alternatives: Do not approve. Attachments: ACI Change Order No. 7 79 of 108 This Page Intentionally Left Blank 80 of 108 U:\Staff Reports\2018\20180911\7E ACI Change Order 7.doc Page 1 CITY OF PORT ORCHARD Authorization for Change Order No. 7 Date: September 11, 2018 Contractor: ACTIVE CONSTRUCTION, INC. Project: TREMONT STREET WIDENING PO BOX 430 Contract / Job # C037-17 PUYALLUP, WA 98371 Amount Sales Tax Total Date Appvd by Original Contract $12,779,179.17 Included $12,779,179.17 27-Jun-17 COUNCIL Change Order 1 $250,000.00 Included $250,000.00 24-Apr-18 COUNCIL Change Order 1A -$7,093.67 Included -$7,093.67 08-May-18 COUNCIL Change Order 2 $150,000.00 Included $150,000.00 08-May-18 COUNCIL Change Order 2A $0.00 Included $0.00 Pending COUNCIL Change Order 3 $116,889.50 Included $116,889.50 26-Jun-18 COUNCIL Change Order 3A $0.00 Included $0.00 Pending COUNCIL Change Order 4 $18,309.41 Included $18,309.41 24-Jul-18 COUNCIL Change Order 5 $69,720.34 Included $69,720.34 24-Jul-18 COUNCIL Change Order 6 $75,179.29 Included $75,179.29 24-Jul-18 COUNCIL Change Order 7 $114,820.78 Included $114,820.78 11-Sep-18 COUNCIL Change Order 8 Included COUNCIL Change Order 9 Included COUNCIL Change Order 10 Included COUNCIL Total Contract $13,567,004.82 Contract History THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: FOR THE ‘CHANGE IN CONDITION’, THE NECESSARY DEWATERING OF THE SR 16 INTERCHANGE AT TREMEONT STREET FOR THE 30-INCH STORM OUTFALL INSTALLATION AT A VALUE NOT TO EXCEED $114,820.78. 81 of 108 U:\Staff Reports\2018\20180911\7E ACI Change Order 7.doc Page 1 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name & Title Printed Name Approved: Mayor Pro Tempore Attest: City Clerk Council Approval Date Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. 82 of 108 Page 1 of 2 Logged (City of Port Orchard use only) 9.6.2018 216 Prospect St. Port Orchard, WA 98366 Date: Federal Aid: State Contract: Contract: Projects: Change Order: September 5, 2018 STPUS-6610(004) N/A LA 5855 CO 07 Review  Documentation _____________  Resident Engr. _____________  Materials Appr Engr. _____________  City Project Manager _____________  WSDOT _____________  Finance (>10%) _____________ CONTRACTOR: RECAPITULATION Active Construction Inc. ORIGINAL CONTRACT: $ 12,779,179.17 5110 River Rd. E PREVIOUS ADDITIONS: $ 673,004.87 Tacoma, WA 98443 PREVIOUS DEDUCTIONS: $ 0.00 PROJECT: PREVIOUS TOTAL: $ 13,452,184.04 Tremont Street Widening THIS CHANGE (ADD.): $ ___114,820.78 (DED.): $ 0.00 ADJUSTED TOTAL: $ 13,567,004.82 Sections 1-04.4 and 1-04.5 of the 2016 Standard Specifications shall govern the issuance of this Change Order. The work of this contract is herein modified to include the change detailed below. Additional quantities for existing and new items shall constitute the complete and final settlement for all costs of labor, material, equipment, overhead, profit, permit fees, damages (whether direct or indirect), and all other claims by the contractor as a result of this change. The time for completion is not changed by this Change Order; zero working days are hereby added to the contract. Your proposal and this acceptance shall constitute and become part of the contract, subject to all conditions contained therein, as modified by this Change Order. Accepted on: Approved by: Date Public Works Director/City Engineer Date City of Port Orchard By: Active Construction Inc. Acknowledged by: N/A Surety Surety Seal (If Applicable) 83 of 108 CITY OF PORT ORCHARD CHANGE ORDER Active Construction Inc. Tremont Street Widening Change Order CO 07 September 5, 2018 Page 2 of 2 Description This change shifts the 30 In. storm drain south to avoid the unanticipated existing 6” underdrain below the north abutment at SR 16, between “T” Sta. 6+42.50 and “T” Sta. 9+36. During design, the location of the existing underdrain was not known during potholing. The contractor discovered that it was located along the same alignment as the proposed 30 In. ductile iron storm drain pipe. BergerABAM met with WSDOT on 9/18/2017 and WSDOT requested that the existing underdrain be protected rather than be replaced. This Change Order also compensates the contractor for the installation and maintenance of a Dewatering System. Potholing data indicate a water table at the elevation of the underdrain during the summer months. Since the plans did not show the elevation of the existing underdrain dewatering was not includ- ed in the unit prices. The following plan sheets are modified and are incorporated as part of this change order:  DM-1; plan sheet 11 of 232, Demolition Plan – Sheet 1; revision date 8/27/2018  RP-1; plan sheet 62 or 232, Tremont St Plan and Profile – Sheet 1; revision date 8/27/2018  DD-16; plan sheet 106 of 232, Drainage Details – Sheet 16; revision date 8/27/2018 This Change Order creates the following Bid Items with the following quantities to the project:  Bid Item 1201 Dewatering System – Lump Sum (LS)  Bid Item 1202 Additional Monthly Maintenance – Per Month (MO)  Bid Item 1203 Additional Flagging – Lump Sum (LS) Measurement and Payment Measurement and Payment for Increased Items of Work will be in accordance with the Project Specifica- tions and the Unit Contract Price. All the modifications will be paid for under existing bid items, the new- ly created bid items or are incidental to the existing Bid Items. Bid Item A1201: Dewatering System Lump Sum $94,515.18 Bid Item A1202: Additional Monthly Maintenance 1 @ $13,605.60 $13,305.60 Bid Item A1203: Additional Flagging Lump Sum $7,000.00 Total this Change Order .................................................................................. $114,820.78 Time Statement There will be no additional time under this Change Order. 84 of 108 Tremont Street Widening  SR 16 to Port Orchard Boulevard  Change Order No. CO #7  Dewatering for 30 In DIP  September 5, 2018    Change Order Justification  This change shifts the 30 In. storm drain south to avoid the unanticipated existing 6” underdrain below the  north abutment at SR 16, between “T” Sta. 6+42.50 and “T” Sta. 9+36. During design, the location of the  existing underdrain was not known during potholing. The contractor discovered that it was located along the  same alignment as the proposed 30 In. ductile iron storm drain pipe. BergerABAM met with WSDOT on  9/18/2017 and WSDOT requested that the existing underdrain be protected rather than be replaced.   This Change Order also compensates the contractor for the installation and maintenance of a Dewatering  System.  Potholing data indicate a water table at the elevation of the underdrain during the summer months.   Since the plans did not show the elevation of the existing underdrain dewatering was not included in the unit  prices.  Change Order Estimate of Cost  Independent Estimated Cost    $101,512.69  Contractor’s Estimated Cost    $114,820.78  Contractor’s Estimated Cost is 13% over Independent Estimated Cost  The Contractor’s Estimated Cost includes an extra month for maintenance $9,900.00 plus 12% markup  for Subcontractor, plus 20% dewatering risk factor $13,305.60  Adjusted Contractor’s Estimated Cost  $101,515.15  Contractor’s Estimated Cost is 0% over Independent Estimated Cost  Agreed Amount for Change Order:  Dewatering Cost      $101,515.15  Monthly Maintenance (1 Month)  $  13,305.60  Total for Change Order     $114,820.69    Condition of Award  No impacts to Condition of Award.  Time Statement  No additional working days are allowed by the Change Order.  85 of 108 TREMONT STREET WIDENING Differing Site Condition: Dewatering DI 30" Storm Line  LAST MODIFIED 9/6/2018 Estimator: Blake Nelson Checked By: Bob Lee  Use past project cost to estimate dewatering: The LS  Dewatering Cost Breakdown from Port of Tacoma Road is as follows: Bid Item A19  ITEM UNIT QTY UNIT COST COST Dewatering Plan Submittal  LS 1 15,000.00$    15,000.00$     Installation of Dewatering System  LS 1 50,000.00$    50,000.00$     Dewatering  MO 5 25,000.00$    125,000.00$   Removal of System  LS 1 20,000.00$    20,000.00$     POTR Total 210,000.00$   Notes:  Tremont Dewatering Plan  The length of trench to dewater = 438 FT  Wells spaced at 10 FT OC = 44 wells  Well depth approx.. 20 FT  ITEM UNIT QTY UNIT COST COST Notes  Dewatering Plan and Preparation  LS 1 10,000.00$    10,000.00$      Although no formal submittal was required a plan was still  presented with multiple meetings. Subtract  5K for Engineered  Submittal   Installation of Dewatering System  LS 1 22,500.00$    22,500.00$      Assume 10k for mobilization and equipment = 10% of Change  Order.  We have approx. 1/4 the dewatering wells that POTR  has. Difference in well depth negligible.  10k + 50k*.25 = 22.5k  Dewatering MO 1 25,000.00$   25,000.00$      Assume the same monthly rate as POTR for maintenance and  dewatering   Removal of System LS 1 5,000.00$     5,000.00$         We have approx. 1/4 the dewatering wells that POTR has.  20k*.25= 5k   Additional Cost to Run 4" PVC Pipe 1000  LF to Sanitary Sewer LS 1 11,279.44$   11,279.44$     See Attached Sheet  Additional Traffic Control for  Dewatering LS 1 9,088.07$     9,088.07$        See Attached Sheet  Subtotal  82,867.51$     Bond 2.5% 2,071.69$        Risk  20.0% 16,573.50$     20% Justified for Risky Nature of Dewatering Berger ABAM Independent Estimate Total  101,512.69$   The POTR project is dewatering approximately 1,000 LF of trench to install Storm and water  lines. The project has dewatering well spaced at 5 feet O.C. =  200 EA  dewatering wells.   Wells will be installed via water jet The dewatering wells are installed at 23 feet depths.  Discharge location was approximately 100 LF to City Sanitary Sewer  86 of 108 ITEM UNIT QTY UNIT COST COST Notes  Dewatering Monthly Maintenance in  Excess of First Month  MO  1 25,000.00$    25,000.00$      Assume the same monthly rate as POTR for maintenance and  dewatering   Subtotal  25,000.00$     Bond 2.5% 625.00$           Risk  20.0% 5,000.00$        20% Justified for Risky Nature of Dewatering Berger ABAM Independent Estimate Total 30,625.00$     87 of 108 Cost Estimate For 4" PVC Discharge Pipe (DGS to Perform)  ITEM UNIT QTY UNIT COST COST Notes  4" Schedule 40 PVC  LF  1000 3.50$                         3,500.00$             See attached quote  4" Fittings  LS 1 300.00$                     300.00$                 Subtotal  3,800.00$             Material Mark‐up 21.0% 798.00$                 Subtotal Material 4,598.00$             ITEM UNIT QTY UNIT COST COST Notes  Installation  HRS  32 55.20$                       1,766.40$             2 Labors for 2 days  Removal  HRS  16 55.20$                       883.20$                 2 Labors for 1 day  Subtotal  2,649.60$             Labor  Mark‐up 29.0% 556.42$                 Subtotal Material 3,206.02$             ITEM UNIT QTY UNIT COST COST Notes  Crew Truck  HRS  32 24.27$                       776.64$                 2 Labors for 1.5 days  Subtotal  776.64$                 21.0% 163.09$                 Material Mark‐up Subtotal Material 939.73$                 Total  8,743.75$             Subcontractor Mark‐up 29.0% 2,535.69$             Subtotal  11,279.44$           Material Costs  Labor Costs  Equipment Costs  88 of 108 Additional Traffic Control Required for Dewatering (ACI to Perform)  ITEM UNIT QTY UNIT COST COST Notes  Flagger  HRS  80 47.90$                        3,832.00$           Assume 3 days for Well install and 2 days for  Well removal @ w/ 2 flagger Removal  HRS  40 55.20$                        2,208.00$           TCS Flagger  Subtotal  6,040.00$           Labor  Mark‐up 29.0% 1,268.40$           Subtotal Material 7,308.40$           ITEM UNIT QTY UNIT COST COST Notes  Crew Truck  HRS  40 24.27$                        970.80$               5 days of Added Traffic Control  Traffic Control Equipment  LS  1 500.00$                     500.00$               Estimate for Signs and Barrels  Subtotal  1,470.80$           21.0% 308.87$               Material Mark‐up Subtotal Material 1,779.67$           Total  9,088.07$           Labor Costs  Equipment Costs  89 of 108 90 of 108 91 of 108 92 of 108 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: September 11, 2018 Subject: Approval of Change Order No. 3 to Prepared by: Mark Dorsey, P.E. Contract No. 023-18 with Neptune Public Works Director Marine LLC for the Bay Street Pedestrian Atty Routing No.: N/A Pathway Segment No. 3 Construction Atty Review Date: N/A Summary: On April 24, 2018, the Port Orchard City Council approved Contract No. C023-18 with Neptune Marine LLC in an amount not to exceed $375,947.51 for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction Project. On June 29, 2018, the City’s Public Works Director approved Change Order No. 1 in the amount of $7,184.36 in association with the revised measurement and payment methodology for the placement of concrete retaining walls. On July 11, 2018, the City’s Public Works Director approved Change Order No. 2 in the amount of $13,414.80 in association with the revised measurement and payment methodology for the excavation, removal, haul and disposal of the excessive concrete rubble/shoreline rip- rap encountered. Both change orders were executed within established administrative limitations. Change Order No. 3 provides for a complete and agreed upon recapitulation of the Project Schedule of Values (overages & underage’s for the completed work), as well as providing: 1) The cost differential associated with the cable fence vs. chain link fence 2) The electrical conduit, handholds and cables omitted from the plans/specifications 3) The substantial cost overrun associated with the previously approved Change Order No. 2. Please note, City staff was not made aware of the substantial cost overrun associated with Change Order No. 2 until last week, whereby a limited work stoppage was ordered until the recapitulation was complete and verified and Change Order No. 3 could be prepared. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 3 with Neptune Marine LLC in an amount not to exceed $98,593.74 (Total Project Change Order Amount of $119,192.90) for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction. Motion for Consideration: I move to authorize the Mayor to execute Change Order No. 3 with Neptune Marine LLC in an amount not to exceed $98,593.74 for the 2018 Bay Street Pedestrian Pathway – Segment #3 Construction. Fiscal Impact: A Budget Amendment will be required with additional funding to be identified by the Finance Director. Alternatives: Do not approve Attachments: Change Order No. 3 (dated 9/7/2018) 93 of 108 This Page Intentionally Left Blank 94 of 108 U:\ENGINEERING\CITY PROJECTS\BAY STREET PEDESTRIAN\ADMIN\Segment #3\Admin\BSPP CA-CM\Change Orders\CO-03\NMI Change Order 3 .doc Page 1 CITY OF PORT ORCHARD Authorization for Change Order No. 3 Date: SEPTEMBER 11, 2018 Contractor: NEPTUNE MARINE, LLC Project: BAY STREET PEDESTRIAN PATHWAY – SEGMENT #3 1004 COMMERCIAL AVE. #250 Contract / Job # C023-18 ANACORTES, WA 98221 Amount Sales Tax Total Date Appvd by Original Contract $375,947.51 Included $375,947.51 24-Apr-18 COUNCIL Change Order 1 $7,184.36 Included $7,184.36 29-Jun-18 PWD Change Order 2 $13,414.80 Included $13,414.80 11-Jul-18 PWD Change Order 3 $98,593.74 Included $98,593.74 11-Sep-18 COUNCIL Total Contract $495,140.41 Contract History I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name & Title Printed Name Approved: Mayor Attest: City Clerk Council Approval Date THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: FOR THE FINAL PROJECT RECAPITULATION TO ADDRESS 1) CABLE FENCE VS. CHAIN LINK, 2) ELECTRICAL ITEMS OMITTED AND 3) SUBSTANTIAL COST OVERRUN ASSOCIATED WITH CONCRETE RUBBLE REMOVAL IN AN AMOUNT NOT TO EXCEED $98,620.48. Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. 95 of 108 Change Order #03 1 of 6 CONTRACT CHANGE ORDER (CCO) NO. 03 Project Name: Bay Street Pedestrian Pathway – Segment #3 Date: September 7, 2018 To: Neptune Marine LLC 1004 Commercial Ave. 250 Anacortes, WA 98221 Attention: Jay Tomasko _X__ Ordered by Engineer under terms of Section 1-04.4 of the Standard Specifications ___ Change proposed by Contractor CLARIFICATION / DESCRIPTION OF WORK This Change Order: 1. Revises the profile of the pathway to allow for future ADA accessibility for Rockwell Park. See the attached plan sheet for the revised trail profile. The western match line station for the start of trail pavement removal and reconstruction shown in the plans is revised to read approximately trail station 17+71. The cross slope of the existing trail at match line shall be no greater than 2%. Bid Item 8 – Structure Exc. Class A Incl. Haul is restored. It is anticipated that the change in earthwork quantities for excavation and borrow shall balance out to create only minimal changes in grading quantities. Bid Item 17A Quarry Spalls for Type 1 Wall Bulkhead is added. 2. Illumination and Electrical – a. Adds the providing and installation of approx. 80 ft of 6-inch D-3034 PVC Pipe and 2 in. conduit for irrigation sleeves, approx. 515 ft of 3-inch Sched. 80 Grey PVC Conduit, approx. 270 ft of 2-inch Sched. 80 Grey PVC Conduit for the lighting conduit along the pathway, 3 light pole bases, and 3 handholes. The conduit for the sleeves shall be placed under the pathway at stations 18+00, 19+00, 19+60, and 20+20, and shall be placed in the utility trench furnished under BI44, as shown in the PSE plans and attached Conduit Location Sketch for the lighting. Light Pole bases and handholes shall be furnished and installed by the contractor per the attached Conduit Location Sketch and as detailed in the PSE plans and specifications. Special Provisions 8-20, third paragraph, second sentence is revised to read, “The conduit and pull boxes and light pole bases shall be provided by PSE and installed by the contractor.” 3. Section 1-09.9(1) content and title is restored. 4. Bid item 4A – Apartment Vicinity Modifications Revises plan sheet C3.0 Trail Alignment & Surfacing Plan with the following: 96 of 108 Change Order #03 2 of 6 a. Existing Grade vs. Wall Footing – Tie in to existing wall west of the driveway behind the demolished planter and slope down to catch point approx. 1’ past asphalt joint as designated by the Engineer. Raise top of existing wall on a slope between the catch point and the top of asphalt at the edge of pathway as designated by the Engineer. b. Wall containing 90-degree corner and tie-in details – The 90-degree corner and tie-in are eliminated by moving the tie-in to the existing wall west of the driveway behind the demolished planter. For the tie-in epoxy dowel bars into the existing wall and tie to the steel in the constructed wall. c. 36” high wall above final grade – The top of the wall shall be shall be at final grade of the driveway. A cable fence matching the cable fence on other parts of the pathway on the project shall be constructed on top of the wall. d. Pathway south of the Marlee apartment building - i. Match line to the existing trail to the west will be at the point where the cross-slope is no steeper than 2%. ii. The asphalt on top of the wall on the left side of the pathway from the end of the adjacent project end of cable fence to the beginning of the new wall shall be removed. New wall extension will be installed with a new railing. iii. The existing black wrought iron railing, gate, and steps to the apartment building shall be removed as designated by the Engineer. The gate or other section of straight railing shall be reinstalled in the gap between the two remaining wrought iron posts on the patio wall to provide visual continuity. iv. Cable fence shall be installed from the end of the existing cable fence to the west edge of the apartment building and from the east end of the apartment building to the cable fence being installed on top of the driveway wall. v. A concrete trough shall be constructed adjacent to the flashing from the apartment building which shall provide an edge to grade for the asphalt paving. vi. A galvanized steel plate of 16 gauge or thicker shall be attached to the wall with the top edge high enough to contain runoff on the west edge of the pathway in the area on either side of the apartment building as designated by the Engineer. 5. Landscaping – a. Deletes plan sheets L1.0 and L1.1, “Landscaping Plan 1” and “Landscaping Plan 2” with the following: b. Revises plan sheet C4.1, “Storm and Grading Plan” as follows: the 36-in high chain link fence to be installed approx. STA 23+20 to STA 27+75 shall be instead installed on the easement line 20 FT to the right of Trail centerline. The terrain between the trail and the fence shall be excavated 4” and backfilled with 3” topsoil type A and covered with 1” of Bark Mulch to produce a smooth and pleasant contour. c. Modifies the existing silt fence in front of the “beach” area by burying the bottom flap where it is uncovered and extending it across the area where the temporary access road was located. 6. Revises the type of fence along the water side from 42” Black Vinyl Coated Chain Link Fence with Top Rail to match the adjacent Pathway Segments SS Cable Strand Fencing. 7. A 2-Ft. High Retaining Wall with cable rail is added to fill in the gap between the two retaining walls on the left side from A-Line station 103+22.62 to A-Line Station 103+64.90. 97 of 108 Change Order #03 3 of 6 8. Bid Item 12 – Crushed Surfacing Top Course (CSTC) is revised to be Crushed Surfacing Base Course (CSBC). The CSBC is more readily available and is used in place of the CSTC in current construction practices. There will be no increase in cost as a result of this change. 9. A reconciliation change order is an accounting tool used to increase the final budget authority to include the field reported increased and decreased unit bid quantities throughout the project. It increases the budget authority to match the actual amount earned and paid to the Contractor. Please see the attached Reconciliation Spreadsheet. MATERIALS All materials shall meet the requirements of the project special provisions, and, where no special provision exists the WSDOT Standard Specifications. 1. Grading – a. Gravel Base b. Crushed Surfacing Base Course (as changed in this change order) c. Hot Mix Asphalt d. Pavement Marking 2. Illumination – a. 2-inch Conduit b. 3-inch Conduit c. 6-inch D-3034 PVC Pipe d. Handholes / Pull Boxes e. Concrete Foundation 4. Apartment Vicinity Modifications a. SS Cable Strand Fence – Shall match the existing SS cable strand fence being tied into at the end of Segment 2. All materials shall meet the same specifications as that existing cable strand fence. b. Concrete Class 4000 c. Steel reinforcing bars d. Gravel Borrow e. Crushed Surfacing Base Course f. Pavement Marking 5. Landscaping a. Topsoil Type B or C b. Bark or Wood Chip Mulch 5. Section 9-13.1(1) is deleted. 6. SS Cable Strand Fence – Shall match the existing fence being tied into at Segment 2 and all materials shall meet the same specifications. 98 of 108 Change Order #03 4 of 6 7. 2-ft. fence to fill in gap a. Concrete Class 4000 b. Steel reinforcing bars 8. Crushed Surfacing Base Course. MEASUREMENT AND PAYMENT 1. Grading – All grading quantities will be measured and paid for in accordance with the unit contract prices. Measurement of Bid Item 17A Quarry Spalls for Type 1 Wall Bulkhead shall be by the ton. The proposed price of $46.07 per ton for “Quarry Spalls for Type 1 Wall Bulkhead “ shall be full pay for the work as described. 2. Illumination – Measurement of Bid Item BI 44A Illumination shall be Lump Sum. No specific unit of measurement will apply, but measurement will be for all items needed to furnish and install conduit and pull boxes per PSE plans. The lump sum price of $27,348.20 for “Illumination (Lights, sleeves, and UG Power) “shall be full pay for all labor, materials, and equipment needed to accomplish the work as described above. Bid Item 44 – “Intolight (Lights and UG Power)” is deleted. 3. Retainage – No measurement is applicable. No unit of payment is applicable. 4. Apartment Vicinity Modifications –. a. Measurement of the retaining wall down the access will be by the linear foot. The proposed price per linear foot for BI 15C “4’ Concrete Class 4000 Retaining Wall” shill be full pay for the work described herein. The price will be $114.60. b. Measurement of gravel borrow, crushed surfacing base course, HMA Cl ½ In. PG 58-22, and pavement marking will be paid under current bid items at unit contract prices. c. Measurement of the remainder of the work will be by Calculation under bid item 46 “Minor Change”. No specific unit of measurement will apply The calculated price for Bid item 46 – “Minor Changes” shall be full pay for all work involved in furnishing and installing the modifications in accordance with description provided above. The Calculated price shall not exceed $8,000.00. 5. Landscaping – a. Bid item 24 – “Fine Compost” is deleted. Bid Item 25 – “Bark or Wood Chip Mulch” is deleted. Bid Item 26 – “Lawn Installation” is deleted. 99 of 108 Change Order #03 5 of 6 Bid item 27 – “Medium Deciduous Trees” is deleted. Bid item 28 – “Small Deciduous Trees” is deleted. Bid Item 29 – “Shrubs” is deleted. b. Installation of the 36-in high chain link fence at a new location will be measured and paid for at the existing unit contract price. c. Measurement of the work described herein shall be by Lump Sum. The price per Lump Sum for Bid item 24A – “Landscaping” shall be full pay for all work involved in accomplishing the work in accordance with description provided above. The Lump Sum price will be $2,230.00. 6. Cable Fence – Measurement will be by the Linear Foot The price per Linear Foot for SS Cable Rail Strand Fencing shall be full pay for all work involved in furnishing and installing the fence in accordance with specifications and the detail provided. The price will be $51.00. 7. 2’ Concrete Class 4000 Retaining Wall – Measurement will be by the Linear Foot The price per Linear Foot for “2’ Concrete Class 4000 Retaining Wall” shall be full pay for all work involved in furnishing and installing the fence in accordance with specifications and the detail provided. The price will be $53.22. 8. Crushed surfacing base course – shall be measured and paid for at the unit contract price per ton for “Crushed Surfacing Top Course”. 9. Reconciliation Change – The reconciliation total is $14309.28. TIME The time for completion is not changed by this Change Order; zero working days are hereby added to the contract. 100 of 108 Change Order #03 6 of 6 Sections 1-04.4 and 1-04.5 of the 2016 Standard Specifications shall govern the issuance of this Change Order. The work of this contract is herein modified to include the change detailed above. Additional quantities for existing and new items shall constitute the complete and final settlement for all costs of labor, material, equipment, overhead, profit, permit fees, damages (whether direct or indirect), and all other claims by the contractor as a result of this change. ORIGINAL CONTRACT CURRENT CONTRACT EST. NET CHANGE THIS CHANGE ORDER TOTAL CHANGE ORDERS, INCLUDING THIS ONE EST. CONTRACT AFTER THIS CHANGE ORDER $ 375,947.51 $ 396,546.67 $ 98,593.74 $ 119.192.90 $ 495,140.41 * * * * * DAYS 80 DAYS: 0 DAYS: 0 DAYS: 80 * Amount with applicable sales tax included All work, materials and measurements to be in accordance with the provisions of the original contract and/or the standard specifications and special provisions for the type of construction involved. The payments and/or additional time specified and agreed to in this order include every claim by the Contractor for any extra payment or extension of time with respect to the work described herein, including delays to the overall project. APPROVED BY: SIGNATURE: DATE: PROJECT ENGINEER CONTRACTOR CONSENT OF SECURITY (WHEN REQUIRED) PUBLIC WORKS DIRECTOR Attachment: Figure 1 – Pathway Profile, Revised Figure 2 – Conduit Location Sketch 101 of 108 This Page Intentionally Left Blank 102 of 108 City of Port Orchard Council Meeting Minutes Regular Meeting of August 21, 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 Absent Councilmember Cucciardi Present Mayor Pro-Tem Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Finance Director Crocker, Community Development Director Bond, City Attorney Cates, City Clerk Rinearson, HR Coordinator Deb Howard, Police Chief Marti, and Deputy City Clerk Floyd. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing the Disposition Thereof (Resolution No. 038-18) B. Approval of an Interlocal Agreement with Kitsap County for Transportation Planning and Engineering Services (Contract No. 064-18) 103 of 108 Minutes of August 21, 2018 Page 2 of 6 C. Approval of a Memorandum of Understanding with Kitsap County for NPDES Phase II Mapping Compliance (Contract No. 066-18) D. Approval of a Contract with South Kitsap School District for a School Resource Officer (Contract No. 065-18) E. Excusal of Councilmember Clauson Due to a Business Obligation MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION A. Biennial Budget Status Update Finance Director Crocker presented the status of the City’s biennial budget. 6. PUBLIC HEARING A. Update to City’s Fee Resolution Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 6:49 p.m. 7. BUSINESS ITEMS A. Adoption of an Ordinance Adding a New Chapter 3.81 (“Equipment Rental and Revolving Fund”) to the Port Orchard Municipal Code MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to adopt Ordinance No. xx0-18 [023-18], establishing a new Chapter 3.81 to be added to the City of Port Orchard municipal code creating an Equipment Rental and Revolving Fund. The motion carried. (Ordinance No. 023-18) B. Adoption of an Ordinance Approving a Memorandum of Understanding with the Port Orchard Police Guild Relating to a Change in Dental and Vision Benefits MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to adopt an ordinance, approving the Memorandum of Understanding between the City and the Police Guild 104 of 108 Minutes of August 21, 2018 Page 3 of 6 relating to a change in dental and vision insurance coverage and authorizing the Mayor’s signature thereon, as presented. The motion carried. (Ordinance No. 024-18) C. Adoption of an Ordinance Acknowledging Past Resolution, Motions, and Discussion Adjusting Certain Employee Wages, Hours, and Conditions of Employment MOTION: By Councilmember Diener, seconded by Councilmember Ashby, to adopt an Ordinance, which will make the City compliant with the applicable adoption procedures for adjustments to wages, hours and conditions of employment for appointive employees. Furthermore, Council recognizes this Ordinance does not change the intent, action or effectiveness of the identified resolutions, motions and discussions. The motion carried. (Ordinance No. 025-18) D. Adoption of an Ordinance Amending Port Orchard Municipal Code 5.94.080 (“City Assistance”) Related to Special Events MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to adopt an ordinance, amending Port Orchard Municipal Code Section 5.94.080 “City Assistance” as presented. Police Chief Marti explained how officers are used for overtime during certain events. After a brief discussion, staff noted they will bring this forward to the Economic Development and Tourism committee for further conversation. The motion carried. (Ordinance No. 026-18) E. Adoption of a Resolution, Adopting an Equipment Rental & Revolving Fund Policy, Fleet Standardization Policy, and a Small & Attractive Assets Policy MOTION: By Councilmember Ashby, seconded by Councilmember Diener, to adopt a Resolution adopting the Equipment Rental & Revolving Fund policy, the Fleet Standardization policy, and the Small and Attractive Assets policy. The motion carried. (Resolution No. 039-18) 105 of 108 Minutes of August 21, 2018 Page 4 of 6 F. Adoption of a Resolution Repealing Resolution No. 034-11 and Establishing a New Reimbursement Rate for Hiring Off-Duty Officers MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt a resolution, repealing Resolution No. 034-11 and approve to change the amount charged for the hiring of off duty police officers from $55/hour to $100/hour. Police Chief Marti explained that officers are used for overtime at private events, such as being funeral precessions, South Kitsap Hight School football games, and other private events throughout the City. In response to the Council, Chief Marti explained that calculating the actual cost for overtime rates per officer would become burdensome to the accounting staff; and it would be a disadvantage to have the community pick the officer they want, as they would most likely want the cheaper officer. The motion carried. (Resolution No. 040-18) G. Authorize the Finance Director to Pay City Claims MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to authorize the Finance Director to pay City claims and provide claims register to City Council at the first meeting in September. The motion carried. H. Discussion: South Kitsap Water Reclamation Facility Plant Manager Position Mayor Putaansuu noted Public Works Director Dorsey participated in the interview panel and invited him to talk about the interview process. Pubic Works Director Dorsey discussed the interview panel and noted the City was not required to participate, but the City volunteered. Council and staff briefly discussed the applicant and interview process. Mayor Putaansuu noted per our operating agreement, the Council needs to make a motion to affirm the hiring of the new plant manager. MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to confirm the hiring of Marti Grabill as the new South Kitsap Water Reclamation Facility Plant Manager. 106 of 108 Minutes of August 21, 2018 Page 5 of 6 The motion carried. 8. REPORTS OF COUNCIL COMMITTEES Councilmember Ashby reported the next Economic Development and Tourism committee is scheduled to meet September 10th. Mayor Putaansuu reported the Utilities committee is scheduled to meet September 17th. Councilmember Lucarelli reported the Sewer Advisory Committee is scheduled to meet October 10th. She reported on the August 20th Chimes & Lights meeting, and noted the next meeting is scheduled for September 17th. Councilmember Diener reported the Land Use committee is scheduled to meet September 24th. City Clerk Rinearson reported she is working on scheduling a Lodging Tax Advisory committee meeting for September 19th or 20th. Mayor Putaansuu reported he attended the KRCC [Kitsap Regional Coordinating Council] Executive Board. The Legislative Reception is scheduled for December. 9. REPORT OF MAYOR Mayor Putaansuu reported on the following: • Tremont project updates; • Live streaming of Council meetings; • Kitty Hall Day; • Employee picnic and Kitsap Humane Society donation; • October 4th AWC Regional meeting in Port Orchard; • McCormick Village Park entry plaza; and • New garbage cans downtown. 10. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported on the SR16 Corridor Study and updates on Tremont Widening Project, including the non-working days for the project. Community Development Director Bond reported on the transportation implementation strategy between the City and the County; and updating the traffic impact fee study and parks plan. 107 of 108 Minutes of August 21, 2018 Page 6 of 6 HR Coordinator Deb Howard reported on a new part-time parking enforcement officer; setting up oral board interviews as we are down an officer; currently advertising for Public Works employee; and still looking for an Engineer. 11. CITIZENS COMMENTS There were no citizen comments. 12. EXECUTIVE SESSION No executive session was held. 13. ADJOURNMENT The meeting adjourned at 8:06 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor 108 of 108