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08/10/2010 - Regular - Packet_ City Council Meeting Agenda August 10, 2010 7:00 p.m. C41 M bwe) W 9,111�1 47:zy:I:lI :711 Mayor: 1. CALL TO ORDER Lary Coppola Administrative Official A. Pledge of Allegiance Councihnembers: Fred Chang 2. CITIZENS COMMENTS Chair: LTAC Staff: Clerk's office Please limit your comments to 3 minutes for items not up for Public Hearing. When Economic Dev/Tourism Committee recognized b the Ma or lease state our name and address or the official record 9 y y� P y f .� Public Property Committee (please complete the sign -in sheet located in the hallway). Jerry Childs Chair: Economic Dev/Tourism 3. APPROVAL OF AGENDA Committee Staff: Clerk's Office Finance Committee 4. CONSENT AGENDA John Clauson (Approval of Consent Agenda passes all routine items listed below, which have been Chair: Finance Committee distributed to each Councilmember for reading and study. Consent Agenda items are not Staff: City Treasurer considered separately unless a Councilmember so requests. In the event of such a request, Utilities/SAC Committee the item is returned to Business Items.) Mtsap County Health A. Approval of Claim Warrants, Payroll, and Treasurer's check book Jim Colebank B. Approval of the July 20, 2010, Work Study Session Minutes Economic Dev/Tourism Committee KRCC/PSRC/KEDA/PRTPO C. Approval of the July 27, 2010, Council Meeting Minutes Fred Olin D. Approval of Contract No. 053-1o, Authorizing the Mayor to Execute Chair: Public Property Committee an Agreement for the School Resource Officer Program with South Staff. Planning Department Utilities/SAC Committee Kitsap School District (Townsend) E. Approval of Public Event Application: Murder Mystery Event Carolyn Powers Public Property Committee (Kirkpatrick) KRCC/TransPol Rob Putaansuu 5. PRESENTATION Chair: Utilities Committee Staff Public Works Department A. Kitsap Continuum of Care Coalition Finance Committee B. Proclamation: Women's Equality Day Mtsap Housing Authority SAC Committee 6. PUBLIC HEARING Department Director: Patti Kirkpatrick, CMC A. First Reading and Public Hearing Regarding 2010 Sewer Rate Administrative Services Increase (Dorsey) City Clerk Allan Martin City Treasurer 7, BUSINESS ITEMS A. Approval of Contract No. ool-go, Extension of Wave Cable Debbie Hunt Court Administrator Television Franchise Agreement and Side Letter Agreement James Weaver Regarding Internet Service with Wave Division IV, LLC (Jacoby) Development Director B. Approval of Contract No. 054-10, Authorizing the Mayor to Execute Al Townsend an Agreement for the 2010 Stormwater Pond Maintenance with Police Chief Northwest Tree Service (Dorsey) Mark Dorsey, P.E. C. Approval of Public Event Application: Point Hope Barbeque Public Works Director (Kirkpatrick) City Engineer D. Discussion: Whether to Collectively Support Proposition No. 1, Contact us: Annexation into the Kitsap Regional Library District (Jacoby) 216 Prospect Street Port Orchard, WA 98366 (36o) 876-4407 Please turn off cell phones during meeting — Please 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, 36o-876-4407 August 10, 2010, Council Meeting Page 1 of 2 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR lo. REPORT OF DEPARTMENT DIRECTORS A. Update: Tremont Corridor (Dorsey) B. Update: Annexations (Weaver) 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, 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 Committee August 27, 2010 Myhre's 7:30 a.m. Tourism Committee August 11, 2010 City Hall 5:30 p.m. Utilities Committee TBD Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) August 25, 2010 S.K.W.R.F. 6:30 p.m. Public Property Committee August 10, 2010 Myhre's 7:30 a.m. Work Study Session August 17, 2010 City Hall 7:00 p.m. 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, 36o.876.4407 August 10, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Subject: Approval of Contract No. 053-10, Authorizing the Mayor to Execute an Agreement for the School Resource Officer Program with the South Kitsap School District Meeting Date: August ro, 2010 Prepared by: AI Townsend Atty Routing No: Atty Review Date: Police Chief NA NA Summary: This agreement is between the South Kitsap School District and the Police Department to provide school resource officer services to the South Kitsap School District. The district pays for the cost of the officer during the time that school is in session. The City covers the cost of the officer during the summer months and any vacation breaks, such as the Christmas holiday where the officer is reassigned back to the City. Recommendation: Approve the contract with the school district. Police Department would have to respond to the calls at the schools within our jurisdiction whether we have a School Recourse Officer (SRO) or not. The SRO relieves the shift officers of these calls and frees them for other police calls. It also allows us to develop better relationships with students, parents and faculty that would not be possible without the position. In addition, the school district helps us defray the costs of this service. Motion for consideration: I move to authorize the Mayor to execute the School Resource Officer agreement between the City and the South Kitsap School District effective September 8, 2010 and expiring on June 17, 2011 in an amount not to exceed $66,793• Fiscal Impact: School district pays for approximately 9 months of the cost of the officer or $66,793 for the school year. Without the contract the police would still be required to respond to the calls at the schools, but would receive no offsetting revenue to defray the costs Alternatives: Not approve the contract and absorb the costs of the SRO into the city budget. Attachments: Contract No. 053-10 INTERLOCAL AGREEMENT No. 053-10 BETWEEN SOUTH KITSAP SCHOOL DISTRICT and PORT ORCHARD POLICE DEPARTMENT for THE SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT, made and entered into this day of 2oio by and between the South Kitsap School District, hereinafter referred to as SKSD, and the Port Orchard Police Department, hereinafter referred to as POPD. Whereas, POPD is the law enforcement agency principally responsible to provide police services to the SKSD schools located within the City of Port Orchard and entering into this agreement will assist in providing additional law enforcement services to those schools; and Whereas, SKSD provides for the partnership between SKSD and POPD, to provide School Resource Officers on SKSD campuses; and Whereas, as authorized by chapter 39.34 RCW, SKSD and POPD are entering into an Interlocal agreement for 2010/2011; and NOW, THEREFORE, in consideration of the mutual representations and covenants set forth herein, the parties hereby agree as follows: SECTION i.Purpose The purpose of this Agreement is to increase the security and school -building safety of South Kitsap High School and Cedar Heights Junior High School through funding necessary to permit assignment by POPD of a full-time, experienced commissioned POPD officer on a full- time basis to SKSD during the regular school year. SECTION 2. Duties of the SRO POPD will assign a uniformed officer to South Kitsap High School and Cedar Heights Junior High School, hereinafter referred to as a School Resource Officer or SRO, to promote safety and serve as a positive resource to South Kitsap High School, Cedar Heights Junior High School, Sidney Glen Elementary School and surrounding neighborhoods. The duties and responsibilities of the SRO include, but are not limited to, the following: Patrol South Kitsap High School, Cedar Heights Junior High School, Sidney Glen Elementary School and surrounding areas in order to identify, investigate, deter and prevent crimes, especially those incidents involving weapons, youth violence, harassment, gang involvement, drugs or similar activities; Act as a liaison between the SKSD administrators and POPD; Page 1 of 6 Wear the official police uniform, including firearm, with civilian attire being worn on such occasions as may be mutually agreed upon by the school district, the SRO, and his immediate supervisor; Establish and maintain a working rapport with the school administration and staff; Provide school -based security during the regular -school day and assist in the promotion of a safe and orderly environment at SKSD. (The SRO, however, shall not act as a disciplinarian. If the SRO is confronted with a non -criminal violation such as a school rule violation, the SRO will assist only for the purpose of providing security for the school staff member(s) charged with enforcing school rules. In the absence of an authorized school district employee, the SRO may refer the matter to school administration); Assist in mediating disputes on campuses, including working with students to help them solve disputes in a non-violent manner; Act as a resource person in the area of law -enforcement education at the request of staff, speaking to classes on the law, search and seizure, drugs, motor vehicle laws, etc; Maintain an activity log, to include all SRO activities such as meetings, conferences, extra- curricular activities, events, arrests, investigations, and training; Provide a monthly report to POPD and the SKSD; and Perform other duties as mutually agreed upon by the SKSD, the SRO, and the SRO's immediate supervisor provided that the duty is legitimately and reasonably related to the SRO program as described in this Agreement and is consistent with Federal and State law; local ordinances; and POPD and SKSD policies, procedures, rules and regulations. SECTION, -I. Office Space, Supplies and Parking Space SKSD shall provide the following for the SRO's use: A private -space, with sufficient lighting and heat, within South Kitsap High School and Cedar Heights Junior High School to be used by the SRO for general office purposes; Necessary office supplies, including but not limited to, a locking cabinet, a desk, and a phone; and a police parking space. SECTION a. Supervision of the SRO The SRO shall remain an employee of POPD and shall not be an employee of SKSD. The SRO shall remain responsive to the supervision and chain of command of POPD. POPD shall remain solely responsible for the SRO's hiring, training, discipline, or dismissal. Any allegation of improper conduct shall be referred to the SRO's immediate supervisor or directly to the Chief of Police. Page 2 of 6 SECTION ti. Scheduling of the SRO POPD agrees to assign a SRO on a full-time basis to SKSD during the regular school year (does not include summer school term). Full-time basis shall mean an assignment of eight hours per day during regularly scheduled school hours less any scheduled vacation time, sick time, training time, court time, or any other police -related activity, including any emergencies such as civil disasters. The SRO will not take vacation while school is in session unless approved by POPD. On scheduled workdays when school is not in session, the SRO will work as assigned by POPD. SECTION 6. Overtime Hours The SRO may not work overtime hours without the prior approval of POPD. Overtime work will be paid in accordance with POPD policies. SECTION 7. Selection of SRO POPD will select the SRO after consultation with SKSD. Factors which POPD shall consider during the selection process include the following: The SRO must be capable of conveying a positive police presence on the school, campus and in the community. The SRO must have the ability to be a positive resource to the school, staff, students, parents, and residents in the surrounding neighborhood. The SRO must agree to attend any necessary training schools or classes that are needed to increase his/her skills for the position. SRO assignment vacancies will be filled in accordance with this Section and within department policies and collective bargaining agreements. SECTION 8. Removal of SRO In the event, the SKSD administration has cause to believe that the particular SRO is not effectively performing in accordance with this Agreement, the Superintendent may recommend in writing to POPD that the SRO be removed from the program. Within ten business days after receiving the recommendations, the Superintendent or his/her designate will meet with the Chief of Police or his/her designate to discuss the recommendation. If the problem cannot be resolved in the opinion of both the Superintendent and the Chief of Police, or their designees, then the SRO shall be removed from the program and a replacement SRO will be selected in accordance with this Agreement. The selection process shall not exceed 3o days. Page 3 of 6 SECTION o. Funding In consideration of POPD's assignment of the SRO to SKSD, SKSD agrees to pay the sum of $66,793 (sixty-six thousand, seven hundred ninety-three dollars). The annual funding shall be paid to POPD in 2 payments, 5o% by December 31st of each year of the Agreement and 5o% by May 31st of each year of the Agreement. The parties understand and acknowledge that the sums provided under this agreement do not completely fund the position of a full-time officer and the POPD reserves the right to assign the officer to other police functions in the event of an emergent need, including but not limited to civil unrest or natural emergency. By way of illustration and not limitation, the SRO could be called out in order to deal with a developing police emergency in Kitsap County, returning to South Kitsap Schools at the conclusion of the emergency situation. SECTION io. No Third -Party Rights The establishment of this program and the execution of this Agreement shall create no third -party rights. In particular, the parties agree by establishing this program, that no past practice has been created with respect to duty assignment, the maintenance of the program, or to otherwise limit the management discretion of POPD under its collective bargaining agreement. This Agreement further shall not create any third -party rights to the officer assigned or any other officer of the Port Orchard Police Department, to the citizens of Port Orchard, or to any other person. SECTION ii. Insurance and Indemnification The parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The parties further agree that no indemnification shall be provided for except as specifically set forth below and that the respective liability of the parties to each other and to third persons shall be determined in accordance with the laws of the State of Washington. SKSD will protect, defend, indemnify and hold harmless POPD, its officers, employees, or agents from any and all costs, claims, judgments or awards of damage arising out of or in any way resulting from negligent acts of omissions of SKSD, its officers, employees or agents. POPD will protect, defend, indemnify and hold harmless SKSD, its officers, employees or agents from any and all costs, claims, judgments or awards or damage arising out of or in any way resulting from negligent acts or omissions of POPD, its officers, employees or agents. In the event of concurrent liability, the Parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained in this Section shall be deemed to waive immunities established pursuant to State Statute or to create third -party rights or immunities. SECTION 12. Independent Contractor Status of POPD Both parties understand and agree that POPD is acting hereunder as an independent contractor, with the following intended results: Control of personnel, standards of performance, discipline and other aspects of performance of the SRO shall be governed entirely by POPD; Page 4 of 6 All persons rendering services hereunder shall be for all purposes employees of POPD; All liabilities for salaries or wages or any other compensation shall be the responsibility of POPD. SECTION is. SKSD Responsibility for Safety and Security Both parties understand and agree that SKSD retains its legal responsibility for the safety and security of the school district, its employees, students and property and that this Agreement does not alter that responsibility. SECTION 14. Term of the Agreement The Agreement shall be effective commencing September 8, 2010 and expire on June 17, 2011 unless mutually extended by the parties in writing. Upon expiration of the Agreement, all equipment furnished by POPD shall remain the sole property of POPD, and any facilities, office equipment, or other material support provided by SKSD shall remain the sole property of SKSD. This Agreement may be terminated by SKSD or POPD, effective at the end of any school year, by giving to the other party notice of termination at least 6o days before the end of the school year. SECTION 1;. Interviews and Arrest Procedures If the SRO plans to interview suspects or victims of crime, the SRO, to the extent practicable, will advise the Principal or his/her designate and work with the Principal or his/her designate to minimize disruption to the school and other students. SKSD employees will make parental notification of such interviews in accordance with policy as established in SKSD regulations and applicable laws. The Principal or Principal's designees may request to the SRO to be present during the interview of a student. If permitted, the Principal or his/her designate will be present solely as an observer of the interview and not a participant therein. The presence of a SKSD employee at an interview of a student regarding a criminal matter shall make said employee subject to subpoena as a witness thereto. In the event the SRO arrests a student at a SKSD school, the SRO shall notify the Principal or his/her designate as soon thereafter as practical. In the event that the arrested student is a juvenile, POPD will notify the parents or legal guardian pursuant to POPD policy and procedure. SKSD may also make notification as may be necessary under its own guidelines. SECTION 16. Release of Student Information Upon request by POPD, SKSD will provide directory information relating to its students, which is allowable under SKSD policy and State and Federal law. SECTION m Police Reports The SRO shall not provide SKSD with police reports except as allowed by Washington State law and/or POPD policies and procedures. Page 5 of 6 SECTION 18. Authorization By resolution or ordinance or otherwise pursuant to law, the governing bodies of the parties listed below have authorized their respective designated officials to execute this agreement on their behalf. David Larose Superintendent South Kitsap School District Alan L. Townsend, Chief of Police Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Page 6 of 6 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: August 10, 2010 Subject: _Approval of Public Event Application: Prepared by: Patti Kirkpatrick, CMC Murder Mystery City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Coreen Haydock-Johnson with Port Orchard Chamber of Commerce submitted an application for the 5ch Annual Murder Mystery event that will held at the Port of Bremerton Waterfront Park on Saturday, September 11, 2010. The event will include use of City right-of-way's, in addition to providing a Pirate Cannon show. It is my understanding they have secured permission from the Port of Bremerton to use the Waterfront Gazebo; and obtained permission from PSNS of the cannon shooting. Further, this event will occur during the Farmers Market and no parking should be allowed inside the Market area. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments, which are attached for your review. Recommendation: Staff recommends approving the Public Event application with the conditions set forth by City departments and Fire Department. Motion for consideration: I move to approve the public event application for a Murder Mystery event that will be held at the Port Orchard Marina Park on Saturday, September 11, 2010. Alternatives: Deny the applications and/or approve with conditions. Attachments: Application for Public Event Map City Department and Fire Department Comments City of Port Orchard 216 Prospect Street APPLICATION FOR PUBLIC EVENT Port Orchard, WA 98366 NOTE Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for fina/ consideration. No statement made by city stab` or elected official prior to final consideration by the City Council shall obiigate the Co Council in any manner, NAME OF EVENT: NAME OF SPONSORING ORGANIZATION: I �U A 0-V 4l\tdN daD/'r t)1P y.orYl 11'tPN(_0 NAME OF PERSON COMPLETING THIS APPLICATION: l w-p A 4 ainr z UC j-D POINT OF CONTACT: . 0✓w ADDRESS: J ()(:A 6 am E DATES OF EVENT UA/J TELEPHONE: �3� O' E 1 6- 3 ,B)S City State Zip Code LOCATION OF EVENT: (If event will have multiple activities and locations, list on separate sheet) ANTICIPATED NUMBER OF EXHIBITORS: 12-0 TIME OPEN TO PUBLIC: ANTICIPATED NUMBER OF VISITORS: TIME OPEN TO VENDORS: KdieA CLOSING TIME: lap a This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages if necessary. 1. event vyill benefit the 2. What is expected traffic pattern for the event? Attach a site map activity v ndor(s}, fire lanes, garb ge, and restroom/sani-can( � V�.uvryvw,l 11 � �.- each 3, Describe how public safety, traffic and crowd control will be provided. How many police officers do you L anticipate will be needed for (1) traffic control and (2) crowd control? N Nl 4. Describe how 5. How many participants and and restrooms) will be provided and maintained. cars are will parking be provided? 6. How have parking i pacts been coordinate with t e neighbors (residential and/or busineUA ss)? Jl�-( (ySS 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Kitsap Transit. Attach written verification of commitment for service from Kitsap Transit.) 8. Describe how fire lanes will be identified and kept open. 9. losure. ��gq +�+ Yea ((n D� §i" b Mn wit Will this event re uife the closure of an s reet? If o, list stree name with date and ti e re steel C �i � q 11AIA b a w l l hP UO Sew rnn n Kmd, I l i- I z l 1" 15/1- 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate I cation nd how you anticipate peeting the}f,rieRc�s.t �3' 4&06J.%r -mn 9 411.p I'fJ MJ 1 11. How will e event are be cleaned before, wring and after the eve t' OM WAIL" D11-d� r r1��iytesrte cttIe 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ❑ yes :� no If yes, name of per¢on responsible for rendering payment of tow/storage charges. If no, explain why.—cUA L� 11 4�^ }T wV�fl 13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ) yes ❑ no If yes, the owner'Jmanager of giihh rr prnpetU must rnmp{Ptr. and�n the following: (Please ask for additional forms if multiple properties are being used and have dih`erent owners.) p Name of property owner: 1 0k OF Authorizing authority: Title: � !^ 3 Address: h) Telephone: '31aU k-L(o 9-34�` Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? Q yes [Ino If yes, please complete the following: �- B. Are there any limitations pr restrictions on use of your propedty? yes q no If yes, please describe in detail((] Dip® A-4 9—� C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ yes ❑ no If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 0jo;1 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, tha nwna- of tha gnhJF-t properW(s) must�it'ta and sign the following: Name of property owner: Authorizing authority: Address: Signature of authorizing authority: Title: Telephone: A. Are there any limitations or restrictions on use of your property? ❑ yes ❑ no If yes, please describe in detail B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ yes ❑ no If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s). 15. Please provide any other information, which you believe, will assist the city in the review process — 16. INSURANCE SIGNATURE OF APPLICANT: Date: s f nDrae.r NOTE: This section to be completed by City staff after application is submitted to the City. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY KITSAP COUNTY FIRE DISTRICT #7 REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: DECISION OF CITY COUNCIL: = APPROVE DISAPPROVE DATE O F D ECI SI O CONDITIO �.. /��.., i � II / !� � x 1� , { � �/ y''4. !� i 't�`, c 1.., /` � � r � � �; 14� � (� �} '� � I � � �I ��=-�,: �. �, -; ,, o ,, N `, � ;, Port Orchard Port of Bremerton Marina Foot Ferry (in Port Orchard) yj /O ® �♦ ` PORT ORCHARD pa(naa K p ® i io»� ® ® r .' v Chamber of C 2 Farmers Ty„_(� Commerce LdnnC &Public t CITY HALL a Q pnY vAe Library <,-._, E Market cot he6ay° bw(ctwlloj Trailer P rking a Ar gad Cedar !�i f Historic Orchard Cove �fPrf Sidney Museum Theater Inn f B&B B&B Hidden Treasures Kltsap St, 1044 Kitsap St, B&B Mrs. �a�Sti Howes N !O Log Cabin o; Museum ro c A TIP 0 COUNTY _ ADMIN. Division St. / / / / "' / Victorh / Tea i 00 Harrison Ave. Port Orchard a FAMILY PANCAKE HOUSE areakfast q��,xpr��e Lunch �,� (?7 '^ Slnrs Dinner - 1963 au^< .1 Nir rlora<s Sprirr9kouse Do((s eh' Gifts _ -. S(]f] _ All Day r:� v;r {O �tL `--.. Sidne)' Museum onrL4,ts A.sso,I, 360.876.1445 OrI Orchard 1034 B¢Ih¢I Ave, Port' RUOVBJEANNIE SWENSEN OWNERS �tL{tt �E11 it {: Pod Avenue �5- - N d Orchard WA983 (360 895-0545 (360) 876-4130 - `(•360)876-5695 (360) 876-3693 July 20, 2010 Patti Kirkpatrick City Clerk/Asst. to the Mayor 216 Prospect St. Port Orchard, WA 98366 Patti, On September 11, 2010 the Port Orchard Chamber of Commerce will hold the 5`h Annual Murder Mystery Event in downtown Port Orchard. As part of that event, The B.O.O.M. Pirates will be performing songs, skits, portraying character in the Murder Mystery event and performing their B.O.O.M. Pirate Cannon Show. The facsimile cannon shots will be fired from the Port of Bremerton/Port Orchard Marina Park on that day at loam and 6:15pm. The four cannons will be placed along the concrete bulkhead and railing facing towards Sinclair Inlet on the east side of the concrete steps leading to the beach. The sidewalk where the cannons are placed is blocked off from public access. A site plan has been included. The City has already been provided with our insurance coverage rider for the year. If you have any questions regarding the insurance please direct them to our agent Kim Punt at Alfred Interwest Insurance Company. I should have in my possession in the next day or two a letter from the Puget Sound Naval Shipyard indicating they are aware of the cannon shots and have no objections. i5 Please let us know if there is any additional information required. Thank You. U Sinc rely, r Coreun aydocklo/ Executive Director Port Orchard Chamber of Commerce Serving South Kitsap County 1014 Bay Street, Suite 8 • Port Orchard, WA 98366 • (360) 876-3505 www.portorchard.com • E-mail: office@portorchard.com Coreen Johnson From: Mascianica, Mary A CIV Code 1160 [mary.mescianica@navy.mil] Sent: Wednesday, July 21, 2010 2:41 PM To: Leah Wattree Cc: office@portorchard.com; Jenne, Darcy CIV PSNS, 1160 Subject: RE: Port Orchard Murder Mystery Event Thank you for the information concerning the Boom Pirates performance which includes a cannon show. I have informed Security and they have noted it in the log book. I appreciate the notification, which will prevent any concern in the Shipyard. V/R, Mary Anne Mascianica Public Affairs Officer PSNS & IMF (360) 476-7111 -----Original Message ----- From: Leah Wattree[mailto:leah@portorchardpavilion.com] Sent: Tuesday, July 20, 2010 3:20 PM To: Mascianica, Mary A CIV Code 1160 Subject: Port Orchard Murder Mystery Event Hi Mary, I'm contacting you on behalf of the Port Orchard Chamber of Commerce. Our annual pirate- themed event will be held this year on September 11. The Boom Pirates will be performing their cannon show (with fake cannons) on the Port Orchard waterfront. This is the same cannon show that they performed last year. The City of Port Orchard would like the Port Orchard Chamber of Commerce to have a letter from PSNS stating their knowledge and approval of the (fake) cannon show. The two show times will be on September 11 at 1000 and 1815. The shows may last up to 15 minutes each. Please send the letter via email to myself and our Executive Director, Coreen Haydock- Johnson, at the following address. office(@portorchard.com Thank you for your time, Leah 1 CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-498o planning@cityofportorchard.us www.cityofportorchard.us Date: July 27, 2010 To: Patricia Kirkpatrick, City Clerk From: James R. Weaver, City Development Director RE: 2010 Event Application: Murder Mystery Event The Planning & Building Departments have reviewed the submitted 2010 Public Event application with the City of Port Orchard for the enterprise located at the address identified in the following comments. Public Event Application; Murder Mystery Event Date: September 11, 2010 Location: Downtown Waterfront Park Organization: Port Orchard Chamber of Commerce Comments: Planning Department has the following Comments on this application. 1. Please note: No event signage is allowed within the City right-of-way. 2. No event signage shall be located as to obstruct or create hazardous conditions for motorists or pedestrians. 3. All event signs shall comply with the sight distance requirements of the land use code. 4. For further signage information or a City sign code pamphlet, please contact the City of Port Orchard Planning Department at (360) 876-4991. Memo To J ine-Dennison, Administrative Assistant ll, City of Port Orchard From: Shawn Shepherd, Fire Prevention Technician CC: Date: July 27, 2010 Re: 5t' Annual Murder Mystery Weekend — September 11, 2010 The South Kitsap Fire & Rescue Prevention/Education Office has completed a review of the application for public event dated received July 26, 2010 for the Murder Mystery Weekend, located on Downtown Bay Street and The Marina Gazebo, and approves the plans with the following comments and stipulations: Fire department access shall not be impeded or restricted. Closure of Bay Street shall be by means to allow fire apparatus access in a timely manner and shall consist of the following: o The unobstructed width of a fire apparatus access road shall be not less than 20 feet. o Access roads shall be extended to within 150 feet of all parts of all exterior walls (of the first story) on all buildings or portions of buildings. • The cannon show and associated activities shall be in accordance with the provisions of the International Fire Code, as adopted and enforced by City of Port Orchard. All operations shall be in accordance with Chapter 33, Explosives and Fireworks, and National Fire Protection Association, Standard 495 - 2006 Edition as applicable. Prior to final permit approval, the permit applicant shall provide a site plan of the event, including information of cannon(s) location, magazine location, crowd control. Also procedures for crowd control and explosive handling shall be provided. o A site visit and inspection shall be required before the event. Please contact South Kitsap Fire Rescue, no less than 2 business days prior to the event to schedule this inspection. • The maximum amount of black powder allowed without additional Washington State Regulations, per Washington Administrative Code (WAC) 296-52, requiring State licensing of the magazine is 5 pounds. Therefore, a maximum amount of 5 pounds will be allowed in the on -site / "mobile magazine", at any one time. Page 1 of 2 • Permit applicant shall file with City of Port Orchard a corporate surety bond in the principal sum of $100,000, or a public liability insurance policy for the same amount, for the purpose of the payment for all damages, to person or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. 4ShaShepherd Fire Prevention Tech. Page 2 of 2 Permit Review DATE: JULY 30, 2010 TO: CITY CLERKS OFFICE FROM: CHIEF TOWNSEND SUBJECT: SPECIAL EVENT PERMIT - MURDER MYSTERY The Port Orchard Police Department approves of the special event permit application with the following requirements: 1. Report any problems or suspicious activity to the Port Orchard Police immediately. 2. Comply with all city ordinances and regulations. 3. Public works will need to coordinate any signage necessary to block the street, parking areas, etc. 4. Ensure adequate access for emergency vehicles. 5. Any vehicles requiring to be towed will be the financial responsibility of the Murder Mystery group in the event the vehicle's owner is not required to pay the fees. b. The Murder Mystery event sponsors will name the City and the Port of Bremerton as additional insured and provide a copy of the insurance certificate prior to the commencement of events. 7. If police officers are required for traffic direction, they will need to be hired in an off -duty status at $40 per hour. Arrangements for this should be made at least 15 days in advance by contacting Sgt. Dale Schuster. IF NOTE; This section to be completed by City staff after application is submitted to the City, REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY KITSAP COUNTY FIRE DISTRICT #7 P IEW A D COMME BY PUBLIC WORKS: —� REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT: DECISION OFCITYCOUNCIL. DATEOFDECI910 CONDITION APPROVE n DISAPPROVE I City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Subject First Reading and Public Hearing: Regarding the Proposed 2010 Sanitary Sewer Rate Increase Meeting Date: August 10, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: NA Summarv: In response to the revenue loss associated with the 50% surcharge on properties located within the McCormick Urban Village annexation area, the City of Port Orchard City Council adopted Ordinance No. 021-09 on August 25, 2009, thereby amending POMC 13.04.010 to include a rate increase for both water and sanitary sewer service. It was discussed at that time that the loss of the 50% surcharge revenue would need to take priority over the Capital Improvement Program (CIP) sanitary sewer needs, which would be addressed in 2010. A $7.5o bimonthly rate increase was approved for sanitary sewer service, resulting in a new bimonthly rate from $72.00 to $79.50 Based upon the 2010 Proposed Sanitary Sewer Rate Increase Study presented by the Utility Committee at both the May 18, 2010 and the June 15, 2010 Council Work Study Session(s), and Public Meetings held on July 7, 20io at City Hall and July 15, 20io at McCormick Woods, a sanitary sewer rate increase of $18.5o bimonthly is proposed. The components associated with the proposed rate increase include Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement. The proposed sanitary sewer rate increase will raise bimonthly rates from $79.50 to $98.00, or $49.00 monthly. Please refer to the Sewer Rate Comparison Table attached herewith. Recommendation: Open the Public Hearing Alternatives: Do not open the Public Hearing Attachments: Draft Ordinance No. o16-io City of Port Orchard Utility Committee 2010 Proposed Sanitary Sewer Rate Increase Study Introduced by: Requested by: Drafted by: First Public Hearing: Second Public Hearing: Adopted: ORDINANCE NO.o16-io Public Works Director Public Works Director Public Works Director August 10, 2010 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 13.04 "WATER AND SEWERS" BY INCREASING THE SEWER RATES WHEREAS, in 2009, the City of Port Orchard increased water and sanitary sewer rates in connection with the annexation of the McCormick Urban Village given the loss of revenue associated with the fifty percent surcharge on properties served outside City limits, but deferred the necessary sanitary sewer rate increase associated with the Capital Improvement Program need to 201o; and WHEREAS, the City of Port Orchard prepared the 2010 Proposed Sanitary Sewer Rate Study to identify the components associated with the proposed sanitary sewer rate increase, being Operating Shortfall, Capital Improvement Program, Treatment Plant Rate Increase and McCormick Woods STEP System Replacement; and WHEREAS, the 2010 Proposed Sanitary Sewer Rate Increase Studywas discussed by the Port Orchard City Council at both the May 18, 2010 and the June 15, 2010 Council Work Study Sessions, as well as being presented to the public at large on July 7, 2010 at City Hall and July 15, 2010 at McCormick Woods; and WHEREAS, the City Council desires to keep sewer rates reasonable but must also balance the need to generate sufficient revenue to fund operations, maintenance, and future capital improvements; and WHEREAS, the City Council held properly noticed public hearings on August lo, 2olo and August 24, 2010 for the purpose of receiving public comment regarding the proposed rate increases; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. o16-10 Page 2 of 10 SECTION 1. Effective Date. This ordinance shall be effective October 1, 2010. SECTION 2. Port Orchard Municipal Code 13.04.010 is hereby amended to read as follows: 13.04.oio Bimonthly water rates. Water rates are billed on a bimonthly schedule. The water rates, as calculated bimonthly, are shown below: (1) Cost for the first 5,000 gallons, bimonthly. Size of Service 3/4" 1" 2„ 3" 4" 6" 8" 1o" Bimonthly Rate $ 22.50 $ 23.50 $ 26.50 $ 29.50 $ 35.50 $ 47.50 $ 68.50 $ 89.50 $ 113.50 (2) Consumption Charge RATE 1 o to 3,000 gallons $18.50 RATE 2 3,001 to 5,000 gallons $22.50 RATE 3 5,001- 30,000 gallons Rate 2 plus $2.10/1,000 gal RATE 4 30,001- 50,000 gallons Rate 2 plus Rate 3 plus $2.20/1,000 gal RATE 5 50,001-1oo,000 gallons Rate 2 plus Rate 3 plus Rate 4 plus $2.30/1,000 gal RATE 6 100,001- 150,000 gallons Rate 2 plus Rate 3 plus Rate 4 plus Rate 5 Plus $2.40/1,000 gal RATE 7 In excess of 150,000 gallons Rate 2 plus Rate 3 plus Rate 4 plus Ordinance No. o16-lo Pa>;e _,� of 10 Rate 5 plus Rate 6 plus $2.50/1,000 gal (3) Fire Hydrant Service. Schools $12.00 per hydrant Private Service $22.00 per hydrant (4) Temporary Construction. One -Day Service $2.20/1,000 gallons or $22.50 Which ever is greater Construction Account As metered: o — 50,000 gallons $2.20/1,000 gallons 50,001— ioo,000 gallons $2.30/1,000 gallons 100,001— 150,000 gallons $2.40/1,000 gallons In excess of 150,000 gallons $2.50/1,000 gallons (5) Multiple Connections. Multiple connections are where more than one customer is being served through a master meter and the billing is based on the flow through such master meter. The minimum bimonthly billing is determined by the number of customers multiplied by a rate of $22.5o. The consumption charge will be computed by subtracting the amount equal to the number of customers multiplied by 5,000 gallons from the total gallons consumed. The rate of the consumption above 5,000 gallons will be $2.10 per 1,000 gallons up to 30,000 gallons, $2.20 per 1,000 gallons from 30,001 to 50,000 gallons, $2.30 per 1,000 gallons from 50,001 to 1oo,000 gallons, $2.40 per 1,000 gallons from 100,001 to 150,000 gallons and $2.50 per r,000 gallons in excess of 150,000 gallons. (6) Properties Outside City Limits. Properties served outside the city limits shall have a 50 percent surcharge on the monthly rate. (7) Hydrant Meter Rentals. All persons renting a hydrant meter shall pay a refundable deposit. The following rental fees shall apply to all persons renting a hydrant meter: the first 6o days, no charge; the next 12o days, $250 for each 3o day period; in excess of 18o days, $500 for each 3o day period. SECTION Port Orchard Municipal Code 13.04.020 is hereby amended to read as follows: 13.04.02o Bimonthly sewer rates. (1) Sewer rates are billed on a bimonthly schedule. The sewer rates, as calculated bimonthly, are shown as follows: Ordinance No. o16-io PaJZe 4 of 10 Description Class Single-family residences 1 Mobile home on single parcel 1 Business 2 Professional 2 Churches 3 Hotels, motels 4 Rest homes, care centers 4 Kitsap County jail 4 Apartments 5 Mobile home parks 5 Schools 6 Kitsap County courthouse (main 7 complex) Restaurants 8 Laundromats 9 Taverns to Car dealerships 11 Post office 12 Grocery stores 13 Bowling alley 14 Boat marina 14 Health maintenance organizations 14 Work release and juvenile facilities 14 Kitsap County public works building 14 Car washes 15 Beauty shops and barber shops 16 Day care 17 Gas stations 18 Assisted living units 19 Bed and breakfasts 20 (2) Bimonthly Rates Class 1 $98.00 Class 2 $98.0o for each business with a fixture. $19.90 for each business, with an employee present, without a fixture. $98.0o for each floor of an officebuilding or retail complexthat has a public or community bathroom. Ordinance No. o16-10 Page 5 of io Class 2 shall be subject to the following surcharge, based on store/office interior size: Category Size of Store/Office Surcharge Small Less than 15,000 sf None Medium 15,000 to 30,000 sf $98.00 Large More than 30,000 sf $196.00 Class 3 $98.00 for the church, plus* $98.00 for the rectory, plus* $98.00 for the annex. *Class 6 for educational parochial schools. Class 4 Base fee of $98.00 plus $19.90 per unit. Class 5 $98.00 per dwelling unit. Class 6 $3.00 for each pupil, teacher, maintenance and administrative person. Class 7 $3,822.00 Class 8 Based on the seating capacity as determined by the building official Description Seating Capacity Rate Espresso Bar Not Applicable $98.00 Deli o $147.00 Small 1 to 50 $294.00 Medium 51 to 150 $441.00 Large More than 150 $586.53 The classification of espresso bar includes similar food preparation businesses which do not require the cooking of food or the maintenance of kitchen equipment. Class 9 Base fee of $49.00 plus $19.90 per washing machine. Laundromats with less than four washing machines are considered Class 2. Dry cleaners without washing machines are Class 2. Class io $245.31 Class i1 $98.00 for sales and administrative office, plus $98.00 for service department, plus $98.00 for car washing when the water is used to determine cost sharing for the sewer treatment plant. Ordinance No. 016-10 Page 6 of 10 Class 12 $343.00 Class 13 Basic fee of $49.00 plus the following surcharges: Description Surcharge Basic Store $49.00 Bakery $49.00 Wetted -Down Produce $98.00 Food Disposal $98.00 Meat Cutting Area $196.00 Class 14 Basic fee of $49.00 plus $49.00 for each equivalent residential unit (ERU) as determined for the cost -sharing formula for the sewer treatment plant. Class 15 Basic fee of $49.00 plus $147.00 per car washing bay. Class 16 $98.00 Class 17 Basic fee of $196.00 plus the following surcharges: Description Surcharge Less than 5 children -0- 6 to 25 children $98.00 More than 25 children Class 6 rates Class 18 $98.0o for gasoline retail, which could include service bay. $98.0o for nonautomotive retail. Class 19 Base fee of $98.0o plus $98.0o per unit with private kitchen; $19.90 per unit without private kitchen, or studio apartment Class 20 Base fee of $98.0o plus $7.95 per rentable bedroom Special Notes: (a) Home occupations will not be charged additional sewer fees. (b) For a combination of classes in one business, the highest rate will be selected. (c) In the event that an established rate class does not accurately reflect the impact on the sewer system, the city engineer may determine the specific mondl lyrate. (d) Water accounts which serve a marine pier and do not have a connection to the sewer shall not be charged a sewer bill. A sewer bill will be charged and based on winter consumption if the water meter serves both the marina pier and anyfadlityorpump station that is connected to the sewer system. For billing purposes, live-aboardswillnot be considered as a dwelling unit. Ordinance No. o16-io Page 7 of 10 (e) Properties served which are outside the city limits shall have a 50 percent surcharge on the monthly rates. SECTION a. Port Orchard Municipal Code 13.04.030(7) is hereby amended to read as follows: 13.04030 Water capital facility charge — extension of water. (1) The water capital facility charge is designed to mitigate the impact of new demands on the existing water system and to require new users to pay their fair share of the value of the water system including, but not limited to, water supply, treatment, transmission, storage and distribution facilities. The water capital facility charge applies to new construction, changes in use, and building modifications which increase the total number of equivalent residential units (ERUs). An ERU is 18o gallons per day for nonresidential connections. Prior to connecting to the city's water system the property owner shall pay, in addition to other applicable charges, the applicable water capital facility charge. (a) The water capital facility charge for a residential connection is $4,500 per ERU. An ERU for this purpose shall be computed based on the water meter size and shall be calculated according to the average flow factor of a displacement type meter where a three -quarter -inch meter shall have a flow factor equal to one ERU. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit, or any other configuration. (b) The water capital facility charge for a nonresidential connection shall be calculated based on meter size as set forth below: Capital Facility Meter Size Charge 3/4" $4,500 1 $7,505 1-1/2" $14,965 2" $23,953 Ordinance No. o16-10 Paee 8 of io 3° $47,906 4 $75,870 (2) If, after connection of a nonresidential service, the actual water usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the water capital facility charge was paid, the property owner shall pay to the city an additional water capital facility charge based upon the new or expanded use. The additional water capital facility charge shall be based upon the charge rate in effect at the time the increase in use is requested and/or detected, whichever first occurs. (3) Water Capital Facility Charge — Exception. The following exception applies to the assessment of the water capital facility charge. All four elements of the below -listed requirements must be present to qualify for the exception: (a) A nonresidential account paid the water capital facility charge at the time the property connected to the city's water system; (b) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; (c) After the building improvements are completed, the total water usage for the nonresidential account will be equal to or less than the usage of the time of the original connection; and (d) The new construction, change in use, or building modification has not resulted in an additional direct connection to the city's water system or the establishment of an additional water account. (4) A credit against the water capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the water capital facility charge. The credit shall be equal to that portion of the property owner's principal assessment, not including interest and penalties, which is directly applicable to the construction of the improvements that are a basis for calculating the value of the capital facility charge. The credit shall be applied at the time of Ordinance No. o16-10 Paee c) of io payment of the water capital facility charge and shall not be used to reduce any assessments in the local improvement district. (5) A credit against the water capital facility charge maybe applied for those property owners that construct at their own expense any of the improvements that are a basis for calculating the value of the water capital facility charge or for those property owners that pay a latecomer's fee toward those same improvements. The credit shall be the smaller of the following: (a) That portion of the design and construction costs of the latecomer's agreement that are directly applicable to the construction of the improvements that are a basis for the value of the water capital facility charge; or (b) That proportionate amount of the water capital facility charge that is attributable to the water facilities either constructed by the property owner or paid through a latecomer's fee. (6) The above provisions notwithstanding, the amount of any credit shall not exceed the amount of the water capital facility charge for the property to which the credit is being applied. (7) At the time the water capital facility charge is paid, an inspection fee shall be paid. The inspection fee is $too.00 per meter. (8) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer or property owner. (9) If a property owner requests a credit or exemption as described above, the director of public works shall make an administrative determination regarding the applicability and amount of the credit or exemption. The director's decision may be appealed to the hearing examiner. (1o) The exceptions and credits described above shall not apply to any costs of construction incurred or payments made to the city for improvements that are a basis for the value of the capital facility charge and that were made 15 years or more prior to the date the property owner requests the exception or credit. Ordinance No. o16-io Paee io of io SECTION �. Port Orchard Municipal Code 13.04.o65 is hereby amended to read as follows: 13.04.o65 CPI adjustment. (i) Commencing November 1, 20og, and on November is' of each successive year thereafter, unless otherwise adjusted by the city council during the previous six-month period, all capital facility charges, connection fees, and fees in lieu of assessment set forth in this chapter, but excluding water and sewer rates, shall be automatically adjusted based upon the All Urban Consumers Price Index for the Seattle — Tacoma — Bremerton area as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the prior June; but in no event shall the adjustment be less than zero. (2) The city council shall review the water and sewer rates annually and shall adjust them as it deems appropriate. SECTION 6. Savings Clause. Those sections of Port Orchard Municipal Code Chapter 13.04 that are amended by this ordinance shall remain in full force and effect until the effective date of this ordinance. SECTION 7. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 8. After posting and publication, this ordinance shall be in full force and effect on the date set forth above in Section 1. 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 Clerk in authentication of such passage this 25th day of August 2010. Lary Coppola, Mayor 04012616 Patricia J. 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Cn „fir D A O CO COCO � CO O_ CD T /y � n 2 2 2 2 N /_� � II O Z N o n a- fv v n Cn nCD -4 -69 Efl 69 Efl Efl Efl Efl v) C1 O 11�6 -Ch� C31 C F) w CT C31 CA w w p O Cn w" v co w cn 3 (C] O O N CO -1 CO 00 Cfl O O N Ui N m (0 01 0 O _ O N 'O O N W (n CD _0 CZ CD " C1 CD O O � n n O 3 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Approval of Contract No. oo1-go, Extension of Wave Cable Television Franchise Agreement and Side Letter Agreement Regarding Internet Service with Wave Division IV, LLC Meeting Date: August 10, 2010 Prepared by: Greg Jacoby City Attorney Atty Routing No: 015-10 Atty Review Date: August 10, 2010 Summary: In September 2oo6, the City Council approved a Cable Television Franchise Agreement with Wave Division IV, LLC (Wave). This is a non-exclusive franchise to provide cable television service within City limits (internet service is not subject to franchise agreements pursuant to federal law). The initial term of the Agreement was 4 years and it will expire on September 28, 2010. City staff, the Mayor, and Wave have negotiated an extension of the cable television franchise according to the following proposed terms: 1) the non-exclusive franchise will be extended ten years to September 28, 2020; 2) during the extended term, Wave will provide, without any charge to the City, access to a private virtual local area network point to point cable modern circuit between the Public Works shop and City Hall, which will result in a savings to the City of $27,000 during the 10-year extension term; 3) in consideration for providing free internet service between the Public Works shop and City Hall, Wave is asking to the City to waive the $5,000 cable franchise extension fee; and 4) all other terms of the 2oo6 Agreement shall remain in effect. Wave has requested that the parties' agreement regarding internet service between the Public Works Shop and City Hall be memorialized in a Side Letter Agreement so as to keep internet service issues separate from the Cable TV franchise agreement. Recommendation: Staff recommends that Council approve the terms and authorize the Mayor to execute the First Amendment to the Cable Television Franchise Agreement and the Side Letter Agreement. Motions for consideration: 1. I move to approve the terms of the First Amendment to the Cable Television Franchise Agreement between the City of Port Orchard and Wave Division IV and to authorize the Mayor to sign said Agreement. 2. I move to approve the terms of the Side Letter Agreement between the City and Wave Division IV regarding internet service and authorize the Mayor to sign said Letter Agreement. Fiscal Impact: No change is proposed to the franchise fee (5%) that is paid to the City. There will be a net savings to the City of $22,000 over the io-year extension period as a result of the free internet service between City Hall and the Public Works Shop. Alternatives: 1) Take no action and let the franchise agreement expire by its terms in September; or 2) Propose additional or new terms of renewal and continue the negotiations. Attachments: 1) First Amendment to the Cable Television Franchise Agreement. 2) Side Letter Agreement between Port Orchard and Wave. FIRST AMENDMENT TO CONTRACT NO.001-90 CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND WAVE DIVISION IV, LLC THIS FIRST AMENDMENT ("Amendment") is dated for reference purposes August 1, 2010, and is made by and between The City of Port Orchard, a Washington municipal corporation (the "City") and Wave Division IV, LLC, a Washington limited liability company ("Operator"), with respect to that certain Cable Television Franchise Agreement dated August 28, 2006 (the "Agreement"). RECITALS A. WHEREAS, the City and Operator entered into the Agreement concerning Operator's provision of cable services to the City. B. WHEREAS, the City and Operator desire to amend the Agreement as set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and Operator agree as follows: 1. Section 2.3 of the Agreement, entitled "Duration," shall be replaced in its entirety with the following: The term of this Franchise and all rights, privileges, obligations and restrictions pertaining thereto shall expire on September 28, 2020, unless terminated earlier as hereinafter provided. 2. Section 3.1 of the Agreement is hereby deleted in its entirety. For the elimination of doubt, no application fee or filing fee is due before or upon the execution of this Amendment. 3. Except as specifically amended herein, the terms and conditions of the Agreement remain in full force and effect. EXECUTED effective as of the date of the last signature below. THE CITY OF PORT ORCHARD WAVE DIVISION IV. LLC By: Lary Coppola Its: Mayor Dated: ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Its: Dated: FIRST AMENDMENT TO CABLE FRANCHISE AGREEMENT - 1 of I Via August 1, 2010 Mayor Lary Coppola City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: First Amendment to Cable Television Franchise Agreement (the "Amendment") between the City of Port Orchard (the "Citv") and Wave Division IV, LLC ("Wave") Dear Mayor Coppola: This letter agreement is to set forth certain commitments between Wave and the City that are additional to those set forth in the Cable Television Franchise Agreement between Wave and the City and the Amendment thereto. This letter agreement is separate and apart from the Amendment and the obligations of this letter agreement must be met regardless of any separate obligation in the Amendment. This letter agreement shall become effective only on the effective date of the Amendment. Wave will discontinue all billing for the private virtual local area network (VLAN) point-to-point cable modem circuit between 1535 Vivian Court, Port Orchard, Washington 98367 (City of Port Orchard Public Works shop) and 216 Prospect Street, Port Orchard, Washington 98366 (City of Port Orchard City Hall) for the duration of the Franchise. The terms and conditions of this letter agreement are binding on Wave and the City and their successors and assigns. Please sign as indicated below and return a copy of this letter agreement to the undersigned. WaveDivision IV, LLC 0 Acknowledged and agreed this August _, 2010 City of Port Orchard M Name: Lary Coppola Title: Mayor James A. Penney Executive Vice President City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: _Approval of Contract No. 054-10, Authorizing the Mayor to Execute an Agreement for the 2010 Stormwater Pond Maintenance with Northwest Tree Service Meeting Date: August 10, 2010 Prepared by: Mark R. Dorsey, P.E. Public Works Director Atty Routing No: NA Atty Review Date: NA Summary: On July 27, 2010, the City of Port Orchard Public Works Department selected five (5) contractors from the 2010 Small Works Roster and requested proposals from each company for 2010 Stormwater Pond Maintenance. The City requested that the contractor submit their bids as Schedule r: Eagle Crest Subdivision Ponds and Schedule 2: Eagle Crest Subdivision Ditch Restoration. On August 3, the City received the following bids including tax: Schedule 1 Schedule 2 Combined Total Caseco Associates $24,010.00 $6,55o.00 $30,56o.00 Northwest Tree Service $23,255.6o $3,840.10 $27,095.70 RV Associates No Bid Received Henderson Partners No Bid Received Sound Excavation, Inc. No Bid Received Upon review by Staff, it was determined that Northwest Tree Service was the lowest qualified bidder to complete the work for Schedule r and 2 for the Eagle Crest Subdivision out of the 2010 budget. Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with Northwest Tree Service in the amount not to exceed $27,095.70 for 2010 Stormwater Pond Maintenance. Motion for consideration: I move to authorize the Mayor to execute Contract No. 054-10, with Northwest Tree Service in an amount not to exceed $27,095.70 for the 2010 Stormwater Pond Maintenance. Fiscal Impact: This item was budgeted in the 2010 Budget within the Stormwater Utility for $45,000. Alternatives: Council may choose to award Schedule 1 instead or choose not to approve the Stormwater pond maintenance as proposed. This is not Staffs recommendation as the Eagle Crest Subdivision has already lost a portion of its capacity in the ponds and needs to have the ditches reestablished to restore the original capacity. Attachments: Contract No. 054-10 Specifications for 2010 Pond Maintenance Northwest Tree Service Proposal (dated 8/3/2010) CITY OF PORT ORCHARD SMALL WORKS CONTRACT NO. 054-10 This contract is made and entered into this 10`h day of August 2010, by and between the City of Port Orchard, Washington, a municipal corporation (the "City), and Northwest Tree Service (the "Contractor"). WHEREAS, on July 27, 2010, the City sent out Request for Proposals to five (5) companies selected from the 2010 Public Works Small Roster for the following public work: 2010 Stormwater Pond Maintenance (see Specifications attached); and WHEREAS, the Contractor has been deemed to be the lowest responsible bidder; and NOW, THEREFORE, the parties agree as follows: 1. The following documents are hereby made a part of this contract and are mutually cooperative therewith. This contract and the following documents are collectively referred to as the "Contract Documents:" A. Bid proposal submitted by the Contractor (dated August 3, 2010) B. Specifications C. City of Port Orchard's Public Works Project Terms and Conditions and Insurance Requirements 2. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Contract Documents, except those items mentioned therein to be furnished by the City. 3. Subject to additions and deductions by change order, the contract amount of $27,095.70 (sales tax included) for a 5-month service period with the contract term beginning August 16, 2010. The contract sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this contract. 4. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Contract Documents. 5. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 6. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 7. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Lary Coppola, Mayor 0 ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS 1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder' means the person, firm or corporation that has made an offer in response to the invitation to bid. 3. LICENSING AND REGISTRATION: The Contractor must be licensed and registered in the State of Washington. 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form which will be recognized by the City as an award. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 13. INDEMNIFICATION: All services to be rendered or performed under contract will be rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to indemnify and hold harmless the City and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with the express or implied obligations of the Contractor, its agents or employees under this contract to the fullest extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related expenses. The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify City applies regardless of any provisions in RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and Contractor hereby waives any such immunity for the purpose of this duty to indemnify Owner. 14. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the contract documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. 15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 17. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the contract. City may withhold payment for such work until work meets the requirements of the Contract. CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $1,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. Specifications for 2010 Pond Maintenance Schedule 1: Eagle Crest Subdivision Ponds. Remove deciduous trees and vegetation from the three stormwater ponds in the subdivision. The work shall consist of the following: Eagle Crest Pond: Remove all deciduous trees around the perimeter of the pond on the berm. Removal includes those trees which have been previously cut and are lying in a pile. Do not remove the small evergreen trees. All vegetation is to be chipped and removed. Blackstone Pond: Remove all deciduous trees inside the fence, to include along the berm. All vegetation is to be chipped and removed. Baycrest Pond: Remove all deciduous trees inside the fence, to include along the berm. All vegetation is to be chipped and removed. Schedule 2: Eagle Crest Subdivision Ditch Restoration. Reestablish the ditches in front of 1070 (Lot u), ro8o (Lot 10), and logo (Lot 9) Eaglecrest Place. Work will include the removal of all debris, extending the culverts out to 3 foot beyond edge of driveway on both driveway edges, and rip rap placement by edge of culvert pipe. This Contractor shall comply with prevailing wage rules. A performance bond is required prior to commencement of the work. The invoice cannot be paid until the City has the L&I approved Intent to Pay Prevailing Wages. Prior to commencement of work, the Contractor shall provide the City a certificate of proof of insurance, which names the City as an Additional Named Insured. The minimum liability insurance coverage shall be $500,000 for property damage and bodily injury. Jul 31 10 12:23p Northwest Tree Service 3608951838 p.1 NORTHWESTTREE SERVICE Check our portfolio online @ nwtreeseruice.com Licensed & Insured . 2 Million Since 2982 Client Name:___uv Address: i- 1\G',1 Port Orchard 360.895.1745 Toll Free Gig Harbor 800••610-7392 253.851.2195 Date:. %13 Pond s Home Phone: Cell: .- ,q q q J Work: Description of Service # of Trees Tree Type Location I I �.c��e.��•�.-�7,.-I�pttG��...�e5�erc��_t_� (a•�.5._� .. - - ----��nq! Y1 _, `�v�.v6.��\viG�(��,Z, rC•ae�l.i i � Special Instructions: Trim Top I Take I Clean _. I -Down A Up � I Sales Tax t Total ArcuinlE.ci��_S,t;c 5e dt�VtAe,nf I.MtAJ No Payment Due Until Completion of job as per Proposal. Total due upon completion of job unless prior arrangements have been authorized. Job Estimated by: V a y1 Client Approval: Date:_ (signature authorizes work) Price tnay be subject to change if not accepted within 30 days. Please remit payment to: VISA � 919 Prospect *Be sure to read conditions on back side* f� Port Orchard, WA 98366 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: Subject: Approval of Public Event Application: Prepared by: Point Hope Atty Routing No: Atty Review Date: August 10, 2010 Patti Kirkpatrick, CMC Citv Clerk NA Summarv: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Erin Briggs with Point Hope submitted an application for the Point Hope Barbeque that will be held on the City's downtown waterfront parking lot on Sunday, August 15, 2010. This event is intended to unify our community while bringing attention to the relationships that Point Hope is building with the local foster care organizations; and will be held after the community's first Talent Show. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments, which are attached for your review. Recommendation: Staff recommends approving the Public Event application with the conditions set forth by City departments and Fire Department. Motion for consideration: I move to approve the public event application for a Point Hope Barbeque that will be held on the City's downtown waterfront parking lot on Sunday, August 15, 2010. Alternatives: Deny the applications and/or approve with conditions. Attachments: Application for Public Event Map City Department and Fire Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Public Event Application NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City C"vkcjl for final consideration. No statement made by city staff or elected official prior to final consideration by the Ci shall obligate the City Council in any manner. P Vat Name of Event: �� . =12- &V D 9LCi l) 9- JU� `.Z % v„ Name of Sponsoring Organization: Vbin\- C\bC/TV6�0�j V1u c Name of Person Completing This Application: �� Iri �rIQC�S r� vas t F % 4RD Point of Contact: ��`��\G0.S Telephone:LOl9--)\&o-cnoo Address: env O 71 d I gc�u StTe&�' r o.�c1 ul A q8� (�19 Street City State Zip Code Dates of Event (Inclusive) wGvsk \5 , Location of Event: (lfEvent Will HA Multiple activities and Locations, List On Sepafate Sheet) Anticipated Number Of Exhibitors: NJ Pt Time Open To Public: 19rA Anticipated Number Of Visitors: — .Q00 Time Open To Vendors: jifarr. Closing Time: (0:30r)m This application form was designed for use by applicants for various types of events. Please answer all questions; you may attach additional pages if necessary. 1. Describe type of event and how this event will benefit the community: 2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani-can(s): P1 QSe &e \{ "me cN rr 0. h 3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate will be needed for (1) traffic control and (2) crowd control? 1Vone �e are gat c1e5'n� the sltreet Wt t.louid iiKe, fe u5 nn SoGtiah rF 411e.nrK loi near r� Fve lane We. have. Yolut0-eers +6 st-&(4 +he- event—. 4. Describe how sanitation controlj/garbage and restrooms) will be provided and maintained: Pc in+ 140pe- W II S. How many participants and visitor cars are anticipated and where will parking be provided? ox i ,900 iocetl and ool�,Idt_ eesidenB aVe QX04P 0d. f�arluna will be E l,et 6. How have parking impacts been coordinated with the neighbors (residential and/or business)? Not . We are MX 011;0nc -For aiy Street closures 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contact at Kitsap Transit. Attach written verification of commitment for service from Kitsap Transit:_ t4 /A 8. Describe how fire lanes will be identified and kept open: Volt in tezrs W r 1l 2YYSufe � re lane Ur¢, Unobslrrur-ted . 9. Will this event require the closure of any street? If so, list street name with date and time of requested closure: lko 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs: X41 A EleCtrtc 1 CGhi\QLki o%y re rlcsi• hQkC1CC1 11. How will the event area be cleaned before, during and after the event? 40V,3y 4F-er5 IN -1 0 QS St S I "StIrM] Eh� ^�2t-1r10 CAA GPpK)-u�a bPCofP i[1tj&a% eind niaeo •the bOr eope 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? ?F Yes a No If yes, name of person responsible for rendering payment of tow/storage charges. If no, explain why: P&Ak )kQf_ 13. When specifying location of event a ivity/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes A no If yes, the owner/manager of subject Property must complete and sign the following: (Please ask for additional forms if multiple properties are being used and have different owners.) Name of property owner: Authorizing authority: Address: Signature of authorizing authority: Title: Telephone: A. If the City of Port Orchard approves this application for public event, will your organization grant permission for the sponsoring organization to use your property on the dates specified, for the purpose and activities described in this application? ❑ Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject prooertv(s) must complete and sign the following: Name of property owner: Authorizing authority: _ Address: Signature of authorizing < Title: . Telephone: M A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): 15. Please provide any other information, which you believe, will assist the city in the review process:l4 Qyp��'iS kw-modhi b r �s w' e or (3nie Meive 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury A. Can you provide this Insurance Certificate? i� SIGNATURE OF APPLICANT: ': Date: ` \ 0.0\ NOTE: This section to be completed by Citystaff after application is submitted to the City'Clerk. REVIEW AND COMMENT BY POLICE REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVI•WANDCOMM'SlENTB�Y,"F�IN�ANCEDEI�Al2�j'IyIENT: 1"e�n��g�t. �.O L, CSOl1��1�31 /So REVIEW AND COMMENT BY PLANNING DEPARTMENT: Date Application Received: :? " ) - I J Date Routed to Department: 721 R Is a Master Vendor's License needed: —Yes 'A No Patricia J. Kirkpatrick, City Clerk or designee DECISION OF CITY COUNCIL: APPROVE DISAPPROVE DATE OF DECISION: Updated: May 2010 P7, Requested Area 00 Y � CITY OF PORT ORCHARD Planning Department 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-4980 planning@cityofportorchard.us www.cityofportorchard.us Date: July 27, 2010 To: Patricia Kirkpatrick, City Clerk From: James R. Weaver, City Development Director RE: 2010 Event Application: Point Hope BBQ The Planning & Building Departments have reviewed the submitted 2010 Public Event application with the City of Port Orchard for the enterprise located at the address identified in the following comments. Public Event Application; Point Hope BBQ Date: August 15, 2010 Location: Downtown Waterfront Parking lot Organization: Point Hope Comments: Planning Department has the following Comments on this application. 1. Please note: No event signage is allowed within the City right-of-way. 2. No event signage shall be located as to obstruct or create hazardous conditions for motorists or pedestrians. 3. All event signs shall comply with the sight distance requirements of the land use code. 4. For further signage information or a City sign code pamphlet, please contact the City of Port Orchard Planning Department at (360) 876-4991. Permit Review DATE: JULY 27, 2010 TO: CITY CLERKS OFFICE FROM: CHIEF TOWNSEND SUBJECT: SPECIAL EVENT PERMIT — POINT HOPE BBQ The Port Orchard Police Department approves of the special event permit application with the following requirements: 1. Report any problems or suspicious activity to the Port Orchard Police immediately. 2. Comply with all city ordinances and regulations. 3. An officer will not be supplied and is not needed for the event, but officers will be in the area as a part of regular patrol functions. 4. Public works will need to coordinate any signage necessary to block the side streets, parking lots, etc. 5. Ensure adequate access for emergency vehicles. Memo To J ne Dennison, Administrative,Assistant II, City of Port Orchard - From: Shawn Shepherd, Fire Prevention Technician CC: Date: July 28, 2010 Re: Point Hope Barbeque --August-t5-,M0 The South Kitsap Fire & Rescue Prevention/Education Office has completed a review of the application for public event dated received June 21st 2010, by email for the Point Hope Barbeque event, located at the waterfront parking lot, and approves the plans with the following comments and stipulations: Fire department access shall not be impeded or restricted. Fire apparatus access roads within the parking lot shall not be blocked or restricted by means any means to not allow fire apparatus access in a timely manner and shall consist of the following: The unobstructed width of a fire apparatus access road shall be not less than 20 feet. Access roads shall be extended to within 150 feet of all parts of all exterior walls (of the first story) on all buildings or portions of buildings. Nothing in this review is intended to authorize or approve of any aspect of the design that does not comply with all applicable codes and standards. Should additional information become available, these comments may require modification. Please insure that additional information regarding this project is forwarded to our office. If you have any questions, please contact me at 871-2411. Sincerely, Fire Prevention Tech. Page 1 of 1 NOTE: This section to be com REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: RE IEW AND OMMENT BY PUBLIC WORKS: Z�\ REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: Date Application Received: 72 Date Routed to Department: 72-2'2p) Is a Master Vendor's License needed: _ Yes O� No Approved By Patricia J. Kirkpatrick, City Clerk or designee DECISION OF CITY COUNCIL: APPROVE _ DISAPPROVE DATE OF DECISION: Updated: May 2010 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Aeenda Staff Report Agenda Item No. Business Item 7D Meeting Date: August ro, 2010 Subject: Discussion: Whether to Collectively Prepared by: Greg Jacoby Support Proposition No. r, City Attorney Annexation into the Kitsap Atty Routing No: 044-10 Regional Library District Atty Review Date: August 4, 2oro Summary: Currently, the City lies outside the boundaries of the Library District and receives library services pursuant to a memorandum of understanding. Under the present arrangement, should the Library District's voters decide to increase the tax levy rate, the citizens of Port Orchard would have no say in whether the increase is acceptable. On April 27, 2010, the Council adopted Ordinance No. 007-1o, requesting that the question of whether the City should be annexed into the Library District be placed on the August Primary election. RCW 42.17.130 prohibits the City Council from promoting or supporting a ballot proposition unless r) the Council takes action at an open public meeting for the purpose of expressing a collective decision or adopting a resolution or motion; 2) the notice of the meeting includes the title and number of the ballot proposition; and 3) an equal opportunity is provided for those expressing an opposing view. As directed by Council at the July 2.71h meeting and in compliance with the requirements of RCW 42-17.130, staff has added this discussion item to the agenda and has prepared a resolution for Council's consideration. Motion for consideration: I move to adopt Resolution No. 028-1o, supporting Proposition No. r, Annexation to Library District on the August 17, 201o, ballot. Fiscal Impact: None. This annexation would not change the amount owed to Kitsap Regional Library (KRL), rather it would allow Kitsap County to pay the assessed valuation amount directly to KRL. Attachments: Draft Resolution No. 028-10 Introduced by: CityAttorney Requested by: City Attorney Drafted by: City Attorney Introduced: August 10, 2010 Adopted: RESOLUTION NO. 028-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING PROPOSITION NO. 1, ANNEXATION TO LIBRARY DISTRICT WHEREAS, the City Council wishes to allow its citizens to determine whether to be annexed into the Kitsap Regional Library District; and WHEREAS, on April 27, 2010, the City Council adopted Ordinance No. 007-10, Requesting an election on August 17, 2o1o, regarding annexation of the city of Port Orchard into the Kitsap County Rural Library District; and WHEREAS, on April 27, 2010, the Kitsap Regional Library Board of Trustees adopted Resolution No. 2010/04 concurring with the proposal by the City of Port Orchard to annex into the library district and to submit a ballot proposition to the voters of the City to approve such annexation; and WHEREAS, on May 14, 2010, the Port Orchard Library Board adopted Resolution No. oo1-1o, supporting the City of Port Orchard's request for an election on August 17, 2010, regarding annexation of the City of Port Orchard into the Kitsap County Rural Library District; and WHEREAS, on May 24, 2olo, the Kitsap County Commissioners approved Resolution No. 104-2010, calling for a special election regarding annexation of the City of Port Orchard into the Kitsap County Library District; and WHEREAS, in accordance with RCW 42.17.13o, notice of the August 1o, 2o10 Council meeting included the title and number of the ballot proposition and the City Council provided an equal opportunity for the expression of an opposing view; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard supports Proposition No. 1, Annexation to the Library District as set forth on the August 17, 201o, ballot. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this loth day of August 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk