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12/14/2010 - Regular - PacketCity Council Meeting Agenda December 14, 2010 7:00 P.m. CITY OF PART ORCHARD Mayor: 1. CALL TO ORDER Lary Coppola Administrative Official A. Pledge of Alle Allegiance g g Councilmembers: 2. CITIZENS COMMENTS Fred Chang Chair: LTAC Please limit your comments to 3 minutes for items not up for Public Hearing. Staff: Clerk's Office When recognized by the Mayor, please state your name and address for the Economic P op a Property o Committee Public Property Committee official record (please complete the sign -in sheet located in the hallway). Jerry Childs 3. APPROVAL OF AGENDA Chair: Economic Dev/Tourism Committee Office Staff: Clerk's4. CONSENT AGENDA Finance Committee (Approval of Consent Agenda passes all routine items listed below, which have John Clauson been distributed to each Councilmember for reading and study. Consent Agenda Chair: Finance Committee items are not considered separately unless a Councilmember so requests. In the Staff: City Treasurer event of such a request, the item is returned to Business Items.) Utilities/SAC Committee Mtsap County Health A. Approval of Claim Warrants and Payroll B. Approval of the November 16, 2010, Work Study Session Minutes Jim Colebank Economic Dev/Tourism Committee C. Adoption of Ordinance No. 025-1o, Amending the 2010 Budget (Martin) KRCC/PSRC/KEDA/PRTPO D. Adoption of Resolution No. 043-10, Confirming Mayoral Appointments to Fred Olin the Planning Commission, Library Board, Design Review Board, and the Chair: Public Property Committee Building Board of Appeals (Kirkpatrick) Staff: Planning Department Utilities/SAC Committee E. Adoption of Resolution No. 044-lo, Approving the Planning Department's Administrative Assistant Position to Remain Full -Time Through 2011 Carolyn Powers (Martin) Public Property Committee KRCC/TransPol F. Approval of Contract No. o18-11, Authorizing the Mayor to Execute an Rob Putaansuu Agreement with the Doctor's Clinic for CDL/DOT Exam and Certificates Chair: Utilities Committee (Martin) Staff: Public Works Department G. Approval of Contract No. o19-11, Authorizing the Mayor to Execute an Finance Committee Ktsap Housing Authority Agreement with AWC for toll Retrospective Rating Program (Martin) SAC Committee H. Approval of Change Order No. 3 to Contract No. 007-og, Authorizing the Department Director: Mayor to Extend Expiration Date with Pacific Air Control, Inc. for HVAC Patti Kirkpatrick, CMC Maintenance (Dorsey) Administrative Services I. Approval of Change Order No. 6, Authorizing the Mayor to Execute an City Clerk Amendment to the Design Agreement for Bay Street Schedule 74 Allan Martin Underground Conversion Project with Puget Sound Energy (Dorsey) City Treasurer J. Approval of Amendment No. 1 to Contract No. 025-1o, Authorizing the Debbie Hunt Mayor to Extend Contract Date for Janitorial Services with ABM Janitorial Court Administrator (Kirkpatrick) James Weaver Development Director 5. PRESENTATION Al Townsend Police Chief 6. PUBLIC HEARING Mark Dorsey, P.E. A. 2010 Update to Port Orchard Municipal Code Title 16: Land Use Public Works Director Regulatory Code (Weaver) City Engineer I B. 2olo Amendments to the Port Orchard Comprehensive Plan (Weaver) Contact us: 216 Prospect Street 7. BUSINESS ITEMS Port Orchard, WA 98366 A. Approval of the November 30, 2010, Council Meeting Minutes (36o) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 December 14, 2010, Meeting Agenda Page 1 of 2 B. Approval of the December 6, 2010, Council Meeting Minutes C. Adoption of Ordinance No. 027-1o, Approving the 2011 Budget (Martin) D. Adoption of Ordinance No. 028-1o, Amending Port Orchard Municipal Code Title 16: Land Use Regulatory Code (Weaver) E. Adoption of Resolution No. 045-1o, Approving the McCormick Village Park Master Plan and Preferred Alternative (Weaver) F. Adoption of Ordinance No. 029-1o, Approving the 2010 Amendments to the Port Orchard Comprehensive Plan (Weaver) G. Approval of Contract No. 020-11, Authorizing the Mayor to Execute Agreement for Lobbying Services with Gordon Thomas Honeywell Governmental Affairs (Kirkpatrick) H. Approval of Contract No. 021-11, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County Prosecutor for Legal Services (Kirkpatrick) I. Approval of Contract No. 022-11, Authorizing the Mayor to Execute an Agreement with Kitsap Economic Development Alliance (Kirkpatrick) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR lo. REPORT OF DEPARTMENT DIRECTORS 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 Finance Committee Economic Development/Tourism Committee Utilities Committee Sewer Advisory Committee (SAC) Public Property Committee Work Study Session Date & Time Location T.B.D. Myhre's 7:30 a.m. January 12, 2011 City Hall 5:30 p.m. T.B.D. Myhre's 7:30 a.m. January 19, 2011 City Hall 6:30 p.m. December 14, 2010 City Hall 7:30 a.m. January 18, 2011 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 December 14, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard Council Meeting Minutes Work Study Session of November 16, 2010 1. 7:00 p.m. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Mayor Pro -Tern Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, and Fred Olin was present. City Treasurer Allan Martin, Public Works Director Mark Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, Commander Geoff Marti, and City Attorney Greg Jacoby and City Personnel Attorney Dave Luxenberg were also present. Absent: Councilmember Powers 2. Update: Kitsap PUD No. 1 Jim Bolt and David Jones with the Kitsap Public Utility District (PUD) No. 1 provided a brief update regarding the fiber optic cable, noting he acknowledges the Council's concerns regarding the pace this project has taken. Going forward KPUD will be working on the following: • In November PUD is working on providing cable across Highway 3 in Gorst and working the way thru the Subaru dealership; • After getting thru the Subaru dealership it will be only attaching to the poles into the industrial park; • Working with other telecommunication companies to lease fiber and temporarily share some network; • Should be able to get the fiber into the Public Works building late December or January Of 2011. Council Direction: No direction was given to staff. 3. Adjourn Work Study Session for 30 Minute Labor Negotiation Discussions. At 7:23 p.m. Mayor Coppola recessed the meeting for a 6o-minute executive session regarding labor relations in accordance with RCW 42.30.110(1). City Attorney Jacoby was invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 8:23 p.m. Mayor Coppola reconvened the Work Study Session. 4. Discussion: Parking Councilmembers expressed their concerns with the proposed parking garage to be located on Prospect Street as follows: • Liked a one story underground parking and a second parking area at ground level, which could have retail shops along the Prospect Street without impeding homeowner views of the bay. The ground level story could be split in half with a library or community center located on the portion that extends past the homes along Kitsap Street. November 16, 2010, Work Study Session Minutes Page 2 of 3 Focus should be on the foot plan of the garage, rather than what it will look like, as the design phase was still a ways out. In order to move the project forward, the Council would need to begin acquiring property adjacent to the proposed site. • Support for a parking structure that is completely underground. • Objection to having a two-story garage with retail. • Support for a one-story garage, a one story building that would house the library or a senior center at ground level; and create one-way, angled parking on Prospect Street. • Focus on the big picture of what the parking garage should look like; keeping in mind that if they allow for retailers, they will need to have parking for customers as well. • City has already invested money into the current site; and it is walking distance to the park and shopping. Council Direction: Council directed funds to be allocated, in the amount of $io,000, for artist renditions of Site No. 3 to implement Phase I, which will be used to secure grant and other funding sources. At 9:18 p.m. Mayor Coppola reconvened the meeting after a 5-minute recess. 5. Discussion: 2011 Budget Mayor Coppola reported the City has approximately $1.8 million dollars in Real Estate Excise Tax (REET) money that has been chosen to be spent on asphalt overlay, tearing down the old Prospect Street duplexes, upgrade City Hall's HVAC system, upgrade the audio video in the Council Chambers; replace the library roof, and a good portion going into the reserves. He advised the Finance Committee adjusted the 2011 budget to reflect the following; • Increase in insurance premium; • Increase in library payment; • City Hall upgrades tapping undesignated unreserved fund balance; • Funding eight (8) computer work stations; • Purchase of school zone electric sign; • Addresses Municipal Court filing requirements with additional filing cabinets; • Additional revenue in Business License fees of $5 per license to help support KEDA; • Additional revenue for building permits fees and fines; • Upgrade Municipal Court Intercom system; • Adjust fuel tax percentage between street and arterial street; • Reinstate liquor profit revenue; • Use property taxes: new construction, plus the 1% increase; and • Maintains current full-time employee (FTE) count and provide City services, including increased benefits cost and 2% COLA. Councilmember Clauson reported on the document the Treasurer provided to the Council, noting the estimated revenues and expenses of the 2011 budget adjustments; and it was the Finance Committee's recommendation to not hire any new full time employees. November 16, 2010, Work Study Session Minutes Page 3 of 3 The Council held a brief discussion on whether to provide funding for a part-time employee in the Planning Department, which was revenue neutral — a matter of moving the half time position funding from Public Works to Building, which is under the Development Director; and discussed funding for a new position to assist in handling public records requests and records management. Council Direction: Council directed the Finance Committee meet to further discuss staff s position funding requests. The meeting was scheduled for Monday, November 22, 2010, 1:30 a.m. at Myhre's Restaurant. 6.Other Discussions: Mayor Coppola provided an update regarding hiring a lobbying firm for the 2011 legislative session, noting that several firms have indicated a conflict of interest; however, he is continuing to interview other lobbying firms. 7. Next Work Study Session- Tuesday, December 21, 2010. At io:o6 p.m. the meeting was adjourned. Patricia J. Kirkpatrick, MMC, City Clerk Lary Coppola, Mayor 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 4C Meeting Date: Subject: Adoption of Ordinance No. 025-10, Prepared by: Amending the 2olo Budget Atty Routing No: Atty Review Date: December 14, 2010 Allan J. Martin Treasurer December 4. 2010 Summary: A hearing held on November 30, 2010 resulted in the passage of a motion that approved the first reading of Ordinance No. 025-1o, amending the 20io Budget for the City of Port Orchard. Staff was directed to place Ordinance No. 025-10 on the December 14, 2010 Consent Agenda for final adoption This year there is a need to make three adjustments to the 2olo Budget. The first is to adjust the Community Events Fund to reflect the action taken by Council in Resolution No. 039-10 that spends an additional $4,500 on the Festival of Chimes and Lights. The second is to authorize a $5,000 transfer from the Cumulative Reserve for Municipal Facilities for payment of Blackjack Creek project labor costs as directed in Resolution No. 047-09. The third is approval of a $375,000 transfer from Cumulative Reserve for Water -Sewer to the Water -Sewer Fund for projects completed and those coming due in 2010. Recommendation: Staff recommends passage of Ordinance No. 025-10. Motion for consideration: I move to adopt Ordinance No. 025-1o, amending the 2olo Budget for the City of Port Orchard. Fiscal Impact: An increase to the total 20io Budget of $384,500.00 Alternatives: Stop spending for Water -Sewer projects, not fund the addition to Festival of Chimes and Lights, pay Blackjack Creek project wage costs as a current expense. Attachment: Ordinance No. 025-10 Introduced by: Requested by: Drafted by: Introduced: Adopted: ORDINANCE NO. 025-10 City Treasurer Council Finance Committee City Treasurer November 30, 2010 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE BUDGET FOR THE YEAR 2010 AS ADOPTED IN ORDINANCE NO. 029-09 TO RECOGNIZE REVENUE AND EXPENDITURES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2010 BUDGET WHEREAS, the City of Port Orchard adopted its 2010 Budget in Ordinance No. 029-09; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to make adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2o10 Budget, as provided in RCW 35.33•ogi; and WHEREAS, on November 9, 2010 the City Council authorized an additional funding allocation of a maximum additional amount of $4,50o, based on cash and additional revenue, to Festival of Chimes and Lights in 201o; and WHEREAS, on May 12, 2009 the City Council certified its share of the Blackjack Creek project funding would be committed and derived from Cumulative Reserve For Municipal Facilities Fund 302 and the project has incurred a maximum additional amount Of $5,000; and WHEREAS, various public works projects span annual budget periods and projects begun in 2oo9 have moved to completion, and projects contemplated in the 2010 budget have moved forward incurring expenditures; and WHEREAS, the City utilizes Cumulative Reserve for Water -Sewer Fund 403 in which connection fees, capital facilities charges and fees in lieu of assessment are placed, the purpose which is to be expended for betterments and improvement to the utilities, with debt service and maintenance and operation to be funded as necessary; and Ordinance No.025-10 Page 2 of 3 WHEREAS, an additional appropriation is required to transfer up to $375,000 from the Cumulate Reserve for Water -Sewer Fund 403 to the Water -Sewer Utility Fund 401 for 2010 projects; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. The 20io Budget is amended to reflect the following additional revenues: (a) Hotel Motel Transient Tax from Community Events Fund totaling $4,500. SECTION 2. The 20io Budget is amended to reflect the following: (a) Appropriation of $4,500 from the Community Events Fund. SECTION i. The 2010 Budget is amended to reflect the following transfer of funds from the Cumulative Reserve for Municipal Facilities Fund 302 to the Current Expense Fund ool: (a) Operating Transfer Out of the Cumulative Reserve for Municipal Facilities Fund 302 $5,000 (b) Operating Transfer In to Current Expense Fund oo1$5,000 SECTION 4. The 2010 Budget is amended to reflect the following transfer of funds from the Cumulative Reserve for Water Sewer Fund 403 to the Water -Sewer Operating Fund 401: (a) Operating Transfer Out of the Cumulative Reserve for Water Sewer Fund 403 up to $375,000 (b) Operating Transfer In to the Water -Sewer Operating Fund 401 up to $375,000 SECTION c;. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. Ordinance No.025-10 Page 3 of 3 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 14th day of December 2010. ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: John Clauson, Councilmember 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 4D Meeting Date: Subject: Adoption of Resolution No. 043-10, Prepared by: Confirming Mayoral Appointments to the Planning Commission, Library Atty Routing No: Board, Design Review Board, Atty Review Date: and the Building Board of Appeals December 14. 2010 Patti Kirkpatrick, MMC City Clerk NA NA Summary: Annually, the City Clerk advertises the qualifications and duties of each expiring term on the various boards, committees, and commissions that have open seats. This year, applications were due to the City Clerk's office on November 30, 2olo, and the following applications were received for the following Boards, Committees and Commissions: Planning Commission (Serves 6-year terms): Annette Stewart Rick Wyatt Ron Rice Design Review Board (Serves 3-year terms): Melinda Brown David J. Fall Kimberly J. Klepper Library Board (Serves 5-year term): Kathryn Joyner Building Board of Appeals: Greg Rogers Matt Zolaski The Mayor has appointed the following persons to the following Boards, Committees and Commissions: Annette Stewart to a term to expire December 31, 2016; Ron Rice to a term to expire December 31, 2o16; and Rick Wyatt to fill an unexpired term ending December 31, 2011 on the Planning Commission; Kathryn Joyner to a term to expire December 31, 2015, on the Library Board; Melinda Brown and David J. Fall to terms expiring December 31, 2013; and Matt Zolinski to a term to expire December 31, 2013, and Greg Rogers to a term to expire December 31, 2015, on the Building Board of Appeals. In addition the Mayor has appointed Shawn Cucciardi to a term to expire December 31, 2oi6, on the Civil Service Commission. Appointments to the Civil Service Commission do not require City Council confirmation. Recommendation: Confirm the appointments as noted above and in Resolution No. 043-10. Motion for consideration: I move to adopt Resolution No. 043-10, confirming the Mayor's appointments to the Planning Commission, Library Board, Design Review Board, and the Building Board of Appeals as set forth in the Resolution. Fiscal Impact: None Alternatives: Not confirm the Mayor's appointment and select or appoint a different candidate. Attachments: Resolution No. 043-10 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: December 14, 2010 Adopted: RESOLUTION NO. 043-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION, THE LIBRARY BOARD, THE DESIGN REVIEW BOARD, AND THE BUILDING BOARD OF APPEALS WHEREAS, annually, the city clerk duly advertises the qualifications and duties of each expiring term on the various boards, committees, and commissions in the Port Orchard Independent and on the city's website; and WHEREAS, the mayor is authorized to appoint volunteers to fill vacant terms on the various boards, committees, and commissions, upon confirmation of the city council; and WHERAAE, the following boards, committees, and commissions have expiring terms as of December 31, 2010: the Planning Commission, the Library Board, the Design Review Board, and the Building Board of Appeals; 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 does hereby confirm the appointment of Annette Stewart for a term ending December 31, 2016; Ron Rice for a term ending December 16, 2016; and Rick Wyatt to fill an unexpired term ending December 31, 2011, to the Planning Commission; and THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Kathryn Joyner for a term ending December 31, 2015, to the Library Board; and THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Melinda Brown and David J. Fall for terms ending December 31, 2013, to the Design Review Board; and FURTHER THAT: The City Council of the City of Port Orchard does hereby reconfirm the appointments of Barry Berezowsky to Position No. 1, for a term ending December 31, 2011, and Robert Baglio to Position No. 3, for a term Resolution No, 043-10 Page 2 Of 2 ending December 31, 2011; and confirming the appointments of Matt Zolaski to Position No. 3, for a term ending December 31, 2013, and Greg Rogers to Position No. 5, for a term ending December 31, 2015, to the Building Board of Appeals. 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 14th day of December 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk City of Port Orchard u6 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: December 14, 2010 Subject: Adoption of Resolution No. 044-10, Prepared by: Allan Martin _Approving the Planning Department City Treasurer Administrative Assistant Position to Atty Routing No: NA Remain Full -Time Through 2011. Atty Review Date: NA Summary: The Planning Department's Administrative Assistant position has historically been funded as a part time position. On September 14, 2010 the City Council approved the Planning Department proposal to change the Planning Administrative Assistant to full time through the end of 2010, utilizing Department of Ecology 2010 Shoreline Grant Funding. The Planning Department Administrative Assistant serves the City in multiple existing responsibilities including: Clerk to the Hearing Examiner, preparing public notices, annexation processing, department distribution mailings for Planning Commission meetings, Planning Department Website updates, project filing and records keeping, permit intake & distribution, processing and publications of SEPA determinations, and preparing Planning Commission, Design Review Board, and Public Hearing minutes for the City Hearing Examiner. Additional duties have heavily involved the public outreach, facilitation, editing, production and distribution of the Shoreline Master Program Update. In recognition in that full time administrative staff support is essential to maintain this level of operations within the Planning Department, we are requesting Council approval to have the Planning Administrative Assistant position remain full time through the 2011 fiscal year. Recommendation: Approve the Planning Department Administrative Assistant position remain full-time with salary & benefits through the 2011 fiscal year. Motion for consideration: I move to adopt Resolution No. 044-10, approving the Planning Department Administrative Assistant position remain full-time with salary and benefits. Fiscal Impact: The City will have an increase in cost over the next fiscal year as reflected in the 2011 budget. Alternatives: Deny the proposed change. Attachments: Resolution No. 044-10 Job Description Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 044 -10 Treasurer Treasurer HR Coordinator December 14, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PLANNING DEPARTMENT'S ADMINISTRATIVE ASSISTANT POSITION REMAIN FULL-TIME THOUGH 2O11 WHEREAS, It is necessary for the city to periodically review the duties and responsibilities of all employment positions; and WHEREAS, the Planning Department's Administrative Assistant position has historically been funded as a part time position; with City Council's approval this position was changed to full time only through the remainder of 20io; and WHEREAS, Continuing the Planning Department's Administrative Assistant position as full time through the 2011 fiscal year will significantly continue to benefit and maximize the efficiency within the Planning Department; now therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: THAT: The Planning Department's Administrative Assistant position will remain full-time with salary and benefits through the 2011 fiscal year. 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 14th day of December 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk CITY OF PORT ORCHARD JOB DESCRIPTION Job Title: Administrative Assistant/Planning FLSA: Non -Exempt Civil Service: Excluded Department: Planning Reports To: Planning Director This may be a full-time or part-time position. The regular working hours for each position and employee shall be set by the Department Director or designee. In addition, the individual may from time to time be required to return to duty after normal work hours. Major Function and Purpose The Administrative Assistant/Planning performs office and administrative duties necessary to the efficient operations of the Planning Department and the City. General Function The Administrative Assistant/Planning provides office and administrative support duties such as preparing letters, minutes, notices, documents, and/or reports, filing, data entry, back-up front desk services and any other general assistance to the Planning Director, which includes, but is not limited to, the functions of the Planning Department. Supervision Responsibilities This position has no supervisory responsibilities. Essential Job Duties and Responsibilities This job description reflects general details as necessary to describe the principal functions of this job, the level of knowledge and skill typically required, and the scope of responsibility, but should not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as assigned. Specific duties and responsibilities include, but are not limited to, the duties and responsibilities represented in this job description. These listed duties and responsibilities, JOB DESCRIPTION: ADMINISTRATIVE ASSISTANT/PLANNING PAGE 1 OF 3 however, in no way imply that these are the only duties to be performed. Employees occupying the position will be required to follow any other job -related instructions and to perform any other job -related duties requested by a supervisor. Interacts with other employees and the public • Communicates regularly with other departments as well as with the public and various agencies • Communicates orally using a telephone or in person Receives, distributes, and tracks land use permit applications Maintains land use files Formats, proofs, copy edits, and distributes correspondence for Planning Department • Inputs data to spreadsheets using computer terminal, PC or other keyboard device • Performs a variety of other data entry functions • Prepares meeting minutes for the Growth Management Committee and Planning Commission and attends meetings as requested by the Director. Also assists on agendas, packets, notices, labeling and reports. • Uses applicable computer software programs • Prepares public notices for Planning Commission meetings and sends to local paper • Prepares staff reports, resolutions, and ordinances for land use cases Performs a variety of front desk, back-up office and administrative duties to support the Planning Department and the City • Regular and on -time physical attendance at City Hall Knowledge, Skills and Abilities To perform this job successfully, the incumbent must possess the abilities or aptitudes to perform each duty set forth below and in the remainder of this job description proficiently. The individual serving as the Administrative Assistant/Planning must be able to communicate effectively and courteously. Knowledge of routine office procedures, including use of office equipment is required. This position demands excellent interpersonal communication skills to deal with other individuals. The individual must be proficient in spelling, grammar, and math to prepare correct correspondence. The individual must be able to competently and timely complete assigned work, meet deadlines, and conduct themselves in a professional manner at all times. Working Conditions Work is performed in an office environment. There are no extraordinary physical demands on the employee in this position. Repeated interruption of the work routine is typical. This position JOB DESCRIPTION: ADMINISTRATIVE ASSISTANT PAGE 2 OF 5 requires extensive reading and involves repetitive motion tasks. The employee will be required to answer telephones. The work area can be noisy. Contacts and Relationships The Administrative Assistant/Planning will provide staff support primarily to the Director and staff of the Planning Department, but will also have contact with the public and members of other departments and agencies. Physical Requirements Continuous repetitive arm/hand movement is essential to performance of this job. The incumbent in this position must be able to discern voice conversation. The incumbent must have the physical ability to perform all essential job functions. He/she must have hand -eye coordination sufficient to operate computers and other office equipment. Must have the ability to produce handwritten documents. Recruiting Requirements • High School Diploma • 3 years prior office experience with customer service knowledge, or graduation from a Business College • Knowledge of office practices and procedures • Experience working in municipal or government agency, desirable • Experience with filing systems, including use of office equipment and machines • Knowledge and experience with computer software including Word and EXCEL required • Must possess excellent communication skills: excellent working knowledge of grammar, proofing, editing, and formatting of reports and documents, and correspondence. • Experience using land use data base and/or permit tracking systems, desirable Experience and Training Any combination of experience and training that provides the desired skills, knowledge and abilities to enable the individual to perform the requirements of this position. As indicated above, this job description reflects general details as necessary to describe the principal functions of this job, the level of knowledge and skill typically required, and the scope of responsibility, but should not be considered an all-inclusive listing of work requirements. Individuals may perform other duties as assigned; including working in other functional areas to cover absences or relief, to equalize peak work periods, or to otherwise balance the workload and must be able to proficiently perform all assigned duties. In compliance with the law, requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees or who are unable to perform the essential functions of this job with or without a reasonable accommodation. The City will comply with all applicable law /n making this determination. This job description does not constitute an employment agreement between the Employer and employee and is subject to change at any time as the needs of the Employer and requirements of the job change. JOB DESCRIPTION: ADMINISTRATIVE ASSISTANT PAGE 3 OF 3 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 4F Subject: Approval of Contract No.018-11, Authorizing the Mayor to Execute an Agreement with the Doctor's Clinic For CDL/DOT Exams and Certificates Meeting Date: December 14, 2010 Prepared by: Allan Martin City Treasurer Atty Routing No: Atty Review Date: NA NA Summary: on December 22, 2009, the Contractor entered into a contract with the City of Port Orchard (the "City") for the DOT/CDL Exam and Certifications for $8o per exam, which includes basic hearing and vision testing for the exam, required vital signs and the required urinalysis, of which will be increased by $2.00 for a new fee of $82. This contract will now expire on December 31, 2010. According to the Public Works Union Contract, Article 8 section 8.7, "The Employer shall reimburse the employee for the renewal fee of the (Commercial Driver's License) CDL endorsement and the DOT physical examination at the City's bid doctors." Recommendation: Staff recommends approval, authorizing the Mayor to sign Contract No. o18- 11, with the Doctor's Clinic — Prompt Care for $82.00, to expire on December 31, 2011. Motion for consideration: I move to authorize the Mayor to sign Contract No. o18-11, with the Doctor's Clinic to provide CDL endorsement and/ DOT physical exams for City employees in the amount of $82.00 per CDL/DOT Examine and Certificate, to expire on December 31, 2011. Fiscal Impact: Reimbursement of $82.00 for CDL/DOT Exam and Certificate per Public Works Employee. Attachments: Doctor's Clinic Contract No. o18-11 City of Port Orchard Contract Contract No. o18-1i This Contract is made by and between the City of Port Orchard, (the "City") and The Doctors Clinic, PromptCare of Bremerton (the "Contractor"). Whereas, on December 22, 2009, the Contractor entered into a contract with the City of Port Orchard (the "City") for the DOT/CDL Exam and Certifications for $8o per exam, which includes basic hearing and vision testing for the exam, required vital signs and the required urinalysis, of which will be increased by $2.00 for a new fee of $82; and Whereas, this contract will now expire on December 31, 2011, at which time the City of Port Orchard will again seek proposals from local physicians or physician clinics who are desirous of becoming the City's contact for the DOT/CDL certifications and exam; now, therefore, It is agreed: 1. Contractor hereby agrees to provide the City of Port Orchard employees DOT/CDL certifications and exam. 2. The Contractor hereby agrees to the cost of $82 per exam, which includes basic hearing and vision testing for the exam, required vital signs, and the required urinalysis. 3. The parties hereby agree the contract will expire on December 31, 2011. Dated this 14th day of December 2010. City of Port Orchard: Doctor's Clinic/PromptCare of Bremerton Lary Coppola, Mayor Print Name: ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk 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 4G Subject: Approval of Contract No.o19 -11, Authorizing the Mayor to Execute An Agreement with AWC for 2011 Retrospective Rating Program Meeting Date: December 14, 2010 Prepared by: Allan Martin Atty Routing No: Atty Review Date: Citv Treasurer NA NA Summary: The Association of Washington Cities (AWC) Workers' Compensation Retrospective Rating Program (Retro) will begin its eight year of operation January 1, 2011. The City of Port Orchard has previously received a refund from the AWC Retro Program. The refund is a culmination of City staff efforts to close claims in a timely manner and return employees to work as well as to provide a safe working environment through effective loss control initiatives and training. Washington Administrative Code requires that a business or entity must re -enroll in their Retro program each and every year. In order to facilitate the City's re -enrollment in the AWC Retro program for 2011, staff recommends the Council authorize the Mayor to sign the Re -Enrollment Contract for the Plan Year of January 1, 2011 through December 31, 2011. Recommendation: Staff recommends approval, authorizing the Mayor to sign Contract No. 019- 11, with AWC Group Retro Program for the 2o11 Retro year. Motion for consideration: I move to authorize the Mayor to sign Contract No. oi9-11, with the Association of Washington Cities Group Retrospective Rating Program in an approximate amount of $4,055 , for the period of January 1, 2011 through December 31, 2011. Fiscal Impact: Annual fee is approximately $4,055• Attachments: AWC Retro Program Contract No. o19-11 "m ASSOCIATION 1076 Franklin St. SE •Olympia, WA 98501-1346 OF WASHINGTON (360)753-4137 • Toll Free:1-800-562-8981 • Fax: (360) 753-0149 CI I i ES www.awcnet.org TO: AWC Retro Primary Contact: Deborah Howard, HR Coordinator FROM: Deanna Krell, Human Resources Programs Manager AWC Workers' Compensation Retrospective Rating Program Confirmation of Participation for 2011 City Contract No. 019-11 The AWC Workers' Compensation Retrospective Rating Program (AWC Retro) will begin its eighth year of operation in January, 2011. Please sign and return this form by December 30, 2010 to confirm your intention to participate in the AWC Retro program for 2011. State law requires program members to notify L & I and AWC Retro in writing if they do not intend to participate in the Retro program for the next plan year. Your continued participation for 2011 will be presumed unless you provide written notification of your intent to discontinue participation in the plan by December 30. We confirm our continued enrollment in the Association of Washington Cities Group Retro Program for the 2011 Retro year. Plan Year: 1/1/2011-12/31/3011 Plan type: Premium based Maximum loss ratio limit: 88.9% Single loss limit: $500,000 Minimum loss ratio limit: 0% Refund distribution and retention: Members whose total incurred losses do not exceed their standard premiums will be eligible for a refund up to the amount of service fees paid for the 2011 policy year; those whose total incurred losses exceed their standard premiums will be eligible for a refund of up to half the amount of their service fee. Those members who receive a full service fee refund are also eligible for performance -based refunds. Please sign and return this form no later than December 30, 2010. You may fax the form or send a .pdf via e-mail. FAX: (360) 753-0149 E-Mail: laural@awcnet.org If you have any questions about the AWC Retro program, please contact Deanna Krell at deannak@awcnet.org or 1-800-562-8981. 1 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4H Meeting Date: December 14, 2010 Subject: Approval of Change Order No. 3 to Prepared by: Mark R. Dorsey, P.E. Contract No. 007-09, Authorizing The Mayor to Extend Expiration Date Atty Routing No: With Pacific Air Control, Inc. for Atty Review Date: HVAC Maintenance Public Works Director NA NA Summary: Staff has been working with Pacific Air Control, Inc. on extending the current Contract expiration date from December 31, 2010 to December 31, 2011. When Pacific Air Control, Inc. was initially awarded the HVAC Maintenance Contract, the City's HVAC system(s) were in poor condition due to neglect and lack of understanding of the system(s). Pacific Air Control, Inc. has worked hard to bring the system(s) into workable condition. Staff recommends that Pacific Air Control, Inc. be allowed to continue providing HVAC maintenance. Pacific Air Control, Inc. has agreed to extend the contract expiration date as noted above. Change Order No. 3 and all terms and conditions set forth in the original contract dated January 1, 2oo9 between the parties, shall remain in full force and effect until the expiration date of December 31, 2011. Recommendation: Staff recommends the Council authorize the Mayor to execute Change Order No. 3 to Contract No. 007-09, with Pacific Air Control, Inc. and extending the contract expiration date from December 31, 2010 to December 31, 2011. Motion for consideration: I move to approve Change Order No. 3 to Contract No. 007-09, thereby authorizing the Mayor to extend the contract expiration date from December 31, 2010 to December 31, 2011 for HVAC Maintenance Program with Pacific Air Control, Inc. Fiscal Impact: Budgeted Item in 2011 (no change in contract price from 20o9 and 2010) Alternatives: Not approve the contract expiration date and provide further direction to staff. Attachments: Change Order No. 3 Contract No. C007-09 CITY OF PORT ORCHARD Authorization for Change Order No. 3 Date: February 23, 2010 HVAC Maintenance Project: Program Contract / Job # C007-09 Contractor: Pacific Air Control, Inc. 11812 Northcreek Pkwy N Ste 104 Bothell, WA 98011 Brief Description of Change Order work (Documentation to be attached): Additional contract time only with contract time extension from December 31, 2010 to December 31, 2011. Original Contract $7,600,00 30-Dec-08 Council Change Order 1 $9,457.80 23-Jun-091 Council Change Order 2 $0.00 23-Feb-10 Council Chanqe Order 3 $0.00 14-Dec-10 Council I Total Contract $17,057.80 1 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor, Approved: Attest: Change Orders over $15,000 (per project) require Council action. Public Works Director/City Engineer Mayor City December 14, 2010 Council Approval Date Change Order 3 - Pacific Air Control, Inc. Page 1 CITY OF PORT ORCHARD CONTRACT C007-09 This contract is made and entered into this 30th day of December 2008, by and between the City of Port Orchard, Washington, a municipal corporation (the "City), and Pacific Air Control. Inc.(the "Contractor"). WHEREAS, the City sent out a Request for Proposals for the following public work: Routine maintenance and service calls for the heating, ventilation, and air conditioning system(s) at City Hall, 216 Prospect Street and the City Library Building at 87 Sidney Ave. 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 10/31/2008) B. Preventive Maintenance Requirements, Maintenance Schedule for City Hall, Schedule A Equipment Inventory, Schedule B Filter Inventory, C. City of Port Orchard's Insurance Requirements and Public Works Project Terms and Conditions 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 $7,600.00 (sales tax included) for a one-year service period with the contract term beginning January 1, 2009. 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 APPROVED AS TO FORM: Gregory A. a oby, qy Attorney CONTRACTOR 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 FETES: 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 darnage 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. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 AEenda Staff Report Agenda Item No. Consent Agenda 4I Meeting Date: December 14, 2010 Subject: Approval of Change Order No. 6, Prepared by: Mark R. Dorsey, P.E. Authorizing the Mayor to Execute an Public Works Director Amendment to the Design Atty Routing No: 017-09 Agreement for Bay Street Schedule Atty Review Date: December 3, 2010 74 Underground Conversion Project With Puget Sound Energy Summarv: On February 13, 2007, the Port Orchard City Council authorized the Mayor to sign the Project Design Agreement with Puget Sound Energy (PSE) for the Bay Street Schedule 74 Conversion Project. This Agreement was based upon the City Council's goal to underground the franchise utilities located along the downtown corridor. The design was subsequently completed and the Phase I construction occurred during the summer of 2008, prior to the SR 166 Repaving Project. On August 18, 2010, Public Works Director Dorsey and Councilman Putaansuu met with PSE & Potelco representatives to review the current status of the Agreement. It was determined that although the overall Bay Street Schedule 74 conversion design and Phase 1 work was beneficial to the City (given the SR 166 Repaving Project) it was premature to commence with the Phase 2 work until the Waterfront Redevelopment Plan is further defined. Since the City will not be moving ahead with the Phase 2 work immediately, reimbursement for the PSE/Potelco design and portions of the Phase 1 work was requested. At the September 23, 2010 Utility Committee Meeting, staff was directed to request a Design Change Order (DCO) from PSE/Potelco for reimbursement. On November 2, Iolo the City received PSE DCO#6 in the amount of $44,943.00. Once executed and returned, an invoice will be prepared. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Design Change Order No. 6 for the Bay Street Schedule 74 Conversion Project with Puget Sound Energy in the invoiced amount not to exceed $44,943.00 made payable in January 2011. Motion for consideration: I move to approve Change Order No. 6, authorizing the Mayor to execute an amendment to the Design Agreement for Bay Street Schedule 74 Underground Conversion Project with Puget Sound Energy in the invoiced amount not to exceed $44,943.00 payable in January 2011. Fiscal Impact: 2011 Budget Item (101-5-595.30.63) Attachments: November 2, 2010, PSE Design Change Order No. 6 February 13, 2007, Schedule 74 Underground Conversion Project Design Agreement ® PUGET SOUND ENERGY DESIGN CHANGE ORDER Number # 6 To: City of Port Orchard Date: 8/1812010 216 Prospect St. Port Orchard, WA 98366 Project Number: 101035154 Attn: Mark Dorsey Project Manager: Kent Sharpe Project: Bay Street Sch 74 Overhead I Underground Conversion Description of work: On Wednesday, August 18, 2010, Mark Dorsey, City of Port Orchard, requested the Bay Street conversion project be closed. DCO #6 is to account for all unpaid activities to date, including inspection labor for the duct and vault system that has been installed, all materials installed, and project manager labor to create I monitor closeout of project. It was agreed that this would be processed as a Design Change Order because a Construction Agreement was never signed. This Change Order is listed a a shared 60/40 cost however, the city will be initially billed for 100% of the design costs including all design change orders per Sch 74 and the Design Agreement. When construction is completed, the 60% PSE portion of the design cost will be credited back to the project. ...... Amount Comments Company Labor Materials $ 19,802 Service Provider Outside Services $ 19,272 includes sales tax Operating Rights $ - Overhead $ 5,861 Company Total $ 44,934 Government Entity Labor $ Operating Rights $ - Government Entity Total $ Change Order Total Allocation of Change Order Total 44,934 Company 60% $ 26,961 Government Entity 40% $ 17,974 Change Order Total $ 44,934 Note: This change order will be effective only when signed by both parties: Puget Signed: Sound Energy .gin(`' �W'- City 1 Signed: d Title: .44 Title: Date: 7�' �z "— Date: (Please sign and return one copy) 3501 7-04 Puget Sound Energy PO Box 90861 Bellevue, WA 98009-0868 PUGET SOUND ENERGY a subsidiary of PUGET ENERGY SCHEDULE 74 UNDERGROUND CONVERSION Project Design Agreement Project Name: City of Port Orchard — Bay Street Project Number: Notification No. #10629084 THIS Agreement, dated as of this) 3> day of (t ---- ---' 200D, is made by and between City of Port Orchard, a Municipal Corporation (the "Governm t Entity"), and PUGET SOUND ENERGY, Inc., a Washington Corporation (the "Company"). RECITALS A. The Company is a public service company engaged in the sale and distribution of electric energy and, pursuant to its franchise or other rights from the Government Entity, currently locates its electric distribution facilities within the jurisdictional boundaries of the Government Entity. B. The Government Entity is considering conversion of the Company's existing overhead electric distribution system to a comparable underground electric distribution, as more specifically described in the Scope of Work (as defined in paragraph 2, below) furnished to the Company by the Government Entity (the "Conversion Project"). C. The Government Entity has requested that the Company perform certain engineering design services and otherwise work cooperatively with the Government Entity to develop a mutually acceptable Project Plan (as defined in paragraph 6, below) for the Conversion Project, in accordance with and subject to the terms and conditions of this Agreement (the "Design Work"). D. The Government Entity and the Company wish to execute this written contract in accordance with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the Design Work for the Conversion Project. AGREEMENT The Government Entity and the Company therefore agree as follows: 1. Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same meanings when used in this Agreement. 2. The Government Entity shall, within ten (10) business days after the date of this Agreement, provide the Company with a written scope of work for the Conversion Project which includes, among other things, (a) a reasonably detailed description of the scope of the work required for the Conversion Project, (b) a list of the key milestone dates for the Conversion Project, (c) reasonably detailed drawings showing any associated planned improvements to the Public Thoroughfare, and (d) a statement as to whether the Government Entity desires to install the ducts and vaults for the Conversion Project (the "Scope of Work"). The Government Entity shall provide the Company two (2) hard copies of the Scope of Work and a copy of the relevant electronic file(s) in a mutually agreed electronic format. 3. Within ten (10) business days of its receipt of the Scope of Work, the Company shall prepare and submit to the Government Entity (a) a reasonably detailed, good faith estimate of the cost to perform the Design Work (the "Design Cost Estimate"), and (b) a proposed schedule for completion of the Design Work which, to the extent reasonably practicable, reflects the applicable key milestone dates specified in the Scope of Work and provides for completion of the Design Work within ninety (90) Design Agreement, Attachment "A" to Schedule 74, Page 1 City of Port Orchard — Bay Street Notification No. #10629084 business days from the date the Company receives the Government Entity's notice to proceed under paragraph 5, below (the "Design Schedule"). The proposed Design Cost Estimate and the proposed Design Schedule shall be based upon the then -current Scope of Work. Unless otherwise specified in the Scope of Work, the Design Work shall not include negotiation or acquisition of third party property rights but shall include preliminary planning between the Company and the Government Entity regarding their respective obligations for negotiating and acquiring third party property rights. 4. Within ten (10) business days after the Government Entity's receipt of the proposed Design Cost Estimate and the proposed Design Schedule from the Company, the Government Entity and the Company shall meet in order to (a) review the proposed Design Cost Estimate, (b) review the proposed Design Schedule; (c) review the Scope of Work, and (d) make any changes necessary to create a final Scope of Work, final Design Cost Estimate, and final Design Schedule that are reasonably acceptable to both parties. If the parties are unable to agree upon a final version of the Scope of Work, Design Cost Estimate, and/or Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The final Scope of Work, Design Cost Estimate and Design Schedule, once determined in accordance with this paragraph 4, may thereafter be changed or amended only in accordance with the change procedures set forth in paragraph 13, below. 5. The Government Entity shall, within ten (10) business days after determination of the final of the Scope of Work, Design Cost Estimate, and Design Schedule, issue (a) a written notice to proceed which shall delineate the final Scope of Work, Design Cost Estimate, and Design Schedule, or (b) a written notice to terminate this Agreement without cost to the Government Entity. If the Government Entity terminates this Agreement, the costs incurred by the Company in preparing and submitting the Design Cost Estimate and the Design Schedule shall not be reimbursable to the Company, and the rights and obligations of the parties under this Agreement shall be terminated in their entirety and without liability to either party. 6. Following the Company's receipt of the notice to proceed, and within the applicable time period specified in the Design Schedule, the Company shall, with the cooperation and assistance of the Government Entity as outlined in this Agreement, prepare a project plan for the Conversion Project (the "Project Plan") which shall include, among other things, the following: (a) a detailed description of the work that is required to be performed by each party and any third party in connection with the Conversion Project (the "Construction Work"), (b) the applicable requirements, drawings, and specifications for the Construction Work, (c) a description of any operating and other property rights that are required to be obtained by each party for the Conversion Project (and the requirements and specifications with respect thereto), (d) a detailed estimate of the costs to be incurred by each party in its performance of the Construction Work, and (e) a detailed schedule for completing the Construction Work (including, without limitation, the dates for delivery of the ducts and vaults and other materials for use at the site of the Construction Work). The Government Entity shall be responsible for coordinating the Design Work with all other design work to be performed in connection with the Conversion Project and any associated planned improvements to the Public Thoroughfare. The parties shall work together in an effort to mitigate the costs of the Conversion Project to each party, including, without limitation, identifying ways to accommodate the facilities of the Company to be installed as part of the Conversion Project within the Public Thoroughfare. 8. Within the applicable time period specified in the Design Schedule, the Company shall prepare and submit to the Government Entity a proposed initial draft of the Project Plan. The parties understand and acknowledge that the proposed Project Plan submitted by the Company shall be preliminary in nature and shall not include, without limitation, information required to be supplied by the Government Entity (e.g„ scope and estimate of the cost of the Construction Work to be performed by the Government Entity). Design Agreement, Attachment "A" to Schedule 74, Page 2 City of Port Orchard — Bay Street Notification No. #10629084 9. Within the applicable time period specified in the Design Schedule, the Government Entity shall (a) review the proposed Project Plan submitted by the Company, (b) complete any information required to be supplied by the Government Entity, (c) make any changes required to conform the proposed Project Plan to the Scope of Work and this Agreement, and (d) return the amended Project Plan to the Company. 10. Within the applicable time period specified in the Design Schedule, the Company shall review the amended Project Plan submitted by the Government Entity and notify the Government Entity in writing of either the Company's acceptance of, or the Company's specific objections to, the amended Project Plan. If the Company makes any objection to the amended Project Plan, and the parties are unable to resolve the objections and mutually agree upon the Project Plan prior to the final design date specified in the Design Schedule, then either party may, by written notice to the other party, submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. The Project Plan, as mutually agreed upon by the parties or established through the dispute resolution process, shall be attached to and incorporated in a Project Construction Agreement substantially in the form attached hereto as Exhibit A (the "Construction Agreement") which is to be signed by the parties prior to commencement of the Construction Work. 11. The parties intend and agree that the Design Work and the Project Plan in its final form shall conform to the following requirements: (a) The Project Plan shall, if requested by the Government Entity in its initial Scope of Work, specify that the Government Entity shall install the ducts and vaults for the Conversion Project; provided that (i) the parties mutually agree upon and set forth in the Project Plan (A) the costs of such installation work to be included in the Cost of Conversion, and (B) the specifications and standards applicable to such installation work, and (it) such installation work is accomplished by the Government Entity in accordance with the applicable design and construction specifications provided by the Company and set forth in the Project Plan. (b) Each estimate of the costs to be incurred by a party shall, at a minimum, be broken down by (i) the design and engineering costs, (ii) property and related costs, including any costs of obtaining operating rights, and (iii) construction costs, including and listing separately inspection, labor, materials, and equipment. (c) All facilities of the Company installed as part of the Conversion Project shall be located, and all related property and operating rights shall be obtained, in the manner set forth in the applicable provisions of Schedule 74. The Project Plan shall describe in detail the location of such facilities, any related property and operating rights required to be obtained, and the relative responsibilities of the parties with respect thereto. (d) The schedule set forth in the Project Plan for completing the Construction Work shall include, at a minimum, milestone time periods for completion of the Trenching, installation of ducts and vaults, the construction and removal of any Temporary Service, and the removal of overhead facilities. (e) The Project Plan may include the specification of work and requirements for Government - Requested Upgrades and Company -Initiated Upgrades; provided, however, that the costs incurred by the Company with respect to the design and engineering of Company -Initiated Upgrades shall not be included in the costs reimbursable to the Company under this Agreement or the Construction Agreement. For purposes of the foregoing, (i) the term "Government - Requested Upgrade" shall mean any feature of the Underground Distribution System which is requested by the Government Entity and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced, and (it) the term "Company -Initiated Upgrade" shall mean any feature of the Underground Distribution System which is required by the Company and is not reasonably required to make the Underground Distribution System comparable to the overhead distribution system being replaced. For Design Agreement, Attachment "A" to Schedule 74, Page 3 City of Port Orchard — Bay Street Notification No. #10629084 purposes of subparagraph (ii), above, a "comparable" system shall include, unless the parties otherwise agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less) of such diameter and number as may be specified and agreed upon in the final Scope of Work necessary to replicate the load -carrying capacity (system amperage class) of the overhead system being replaced. For purposes of subparagraph (i), above, any empty ducts installed at the request of the Government Entity shall be a Government -Requested Upgrade. (f) The Project Plan shall set forth all specifications, design standards and other requirements for the Construction Work and the Conversion Project, including, but not limited to, the following: (i) applicable federal and state safety and electric codes and standards, (ii) applicable construction and other standards of the Company, and (iii) applicable street design and other standards of the Government Entity which are in effect as of the commencement of the Conversion Project. 12. Upon request of the Government Entity, and in any event at the times specified in the Design Schedule, the Company shall provide periodic reports which compare the actual costs of the Design Work incurred to that point in time to the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below. Further, if at any time the Company reasonably expects that the actual cost of the Design Work will exceed the Design Cost Estimate, as changed or amended in accordance with paragraph 13, below, the Company shall notify the Government Entity immediately. Upon receipt of the Company's notice, the Government Entity may, at its option, (a) notify the Company in writing that this Agreement is terminated; or (b) request a reasonably detailed explanation supported by documentation (reasonably satisfactory to the Government Entity) to establish that the actual costs in excess of the Design Cost Estimate are: (i) reasonable, (ii) consistent with the Scope of Work, and (iii) consistent with sound engineering practices. If the Government Entity requests an explanation, the Government Entity shall, within ten (10) business days after receipt of the explanation, (a) change the Scope of Work in accordance with paragraph 13, below, or (b) direct the Company to continue with the Design Work without a change in the Scope of Work, but reserving to the Government Entity the right to dispute the reasonableness of the costs to be paid the Company under paragraph 14, below, in accordance with the dispute resolution procedures in paragraph 16, below, or (c) direct the Company to discontinue performing the Design Work pending resolution, pursuant to paragraph 16, below, of any dispute regarding the reasonableness of the costs, in which event the Design Schedule will be adjusted to reflect the delay, or (d) notify the Company in writing that this Agreement is terminated. In the event the Government Entity terminates this Agreement or discontinues the performance of the Design Work under subparagraph (c), above, for more than ninety (90) days, the Government Entity shall pay the Company for all costs incurred by the Company in its performance of the Design Work prior to the date the Company receives the Government Entity's notice of termination, plus any costs incurred by the Company for materials and other items ordered or procured by the Company with the prior authorization of the Government Entity in order to meet the schedule for the Conversion Project. The foregoing payment obligation shall survive any termination of this Agreement. Design Agreement, Attachment "A" to Schedule 74, Page 4 City of Port Orchard — Bay Street Notification No. #10629084 13. (a) Either party may, at anytime, by written notice thereof to the other party, request changes to the Scope of Work (a "Request for Change"). No Request for Change shall be effective and binding upon the parties unless signed by an authorized representative of each party. If any approved Request for Change would cause an increase in the cost of, or the time required for, the performance of any part of the Design Work, an equitable adjustment in the Design Cost Estimate and the Design Schedule shall be made to reflect such increase. The parties shall negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If the parties are unable to agree upon the terms of the equitable adjustment, either party may submit the matter for resolution pursuant to the dispute resolution procedures in paragraph 16, below. Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable equitable adjustment, each party shall, if requested by the other party, proceed with the Design Work in accordance with the Request for Change. Any such request to proceed must be accompanied by a written statement setting forth the requesting party's reasons for rejecting the proposed equitable adjustment of the other party. (b) The Design Cost Estimate and/or the Design Schedule shall be equitably adjusted from time to time to reflect any change in the costs or time required to perform the Design Work to the extent such change is caused by: (i) any Force Majeure Event under paragraph 17, below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost, schedule or other aspect of the Design Work and was not known by or disclosed to the affected party prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding the scope, cost, schedule or other aspect of the Design Work which are expressly identified by the parties in the final Scope of Work. Upon the request of either party, the parties will negotiate in good faith with the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time thereafter, the parties are unable to agree upon the terms of the equitable adjustment, either party may submit the matter for resolution pursuant to the dispute resolution provisions in paragraph 16, below. 14. Upon completion of the Design Work (i.e., the date on which the Project Plan is final under paragraph 10, above, either by mutual agreement of the parties or as established through the dispute resolution procedures), the Government Entity shall pay the Company all actual, reasonable costs to the Company for the Design Work (which, if disputed in good faith by the Government Entity, may be submitted by either party for resolution pursuant to the dispute resolution provisions in paragraph 16, below), plus any costs incurred by the Company for materials and other items ordered by the Company with the prior authorization of the Government Entity in order to meet the schedule for the Conversion Project. If, thereafter, the Construction Agreement is executed by the parties and the Conversion Project is completed within five (5) years from the date of this Agreement, the full amount of the costs incurred by the Company in its performance of the Design Work shall be included in the "Shared Company Costs" under the Construction Agreement and any payment of such amounts under this Agreement shall be credited to the Government Entity in calculating the "Net Amount" payable under the Construction Agreement. 15. Within sixty (60) business days after completion of the Design Work, the Company shall issue to the Government Entity an itemized invoice for the amounts payable under this Agreement. Such invoice shall be in a form mutually agreed upon by the Company and the Government Entity and shall, at a minimum, itemize the design and engineering costs, including and listing separately inspection, labor, materials and equipment. In the event the Government Entity does not verify such invoice within ten (10) business days of receipt, the Government Entity shall provide a written request to the Company specifying the additional information needed to verify the Invoice. The Company will provide, within a reasonable period after receipt of any request, such documentation and information as the Government Entity may reasonably request to verify such invoice. The Government Entity shall pay the Company all amounts payable under this Agreement within thirty (30) days after receipt of the Company's invoice. Payment as provided in this Agreement shall be full compensation for the Company's performance of the Design Work, including without limitation all services rendered and all materials, supplies, equipment, and incidentals necessary to complete the Design Work. Design Agreement, Attachment "A" to Schedule 74, Page 5 City of Port Orchard — Bay Street Notification No. #10629084 16. Dispute Resolution Procedures: (a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be presented to and considered by the parties. A party who wishes dispute resolution shall notify the other party in writing as to the nature of the dispute. Each party shall appoint a representative who shall be responsible for representing the party's interests. The representatives shall exercise good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business days of the date the disagreement was first raised by written notice shall be referred by the parties' representatives in writing to the senior management of the parties for resolution. In the event the senior management are unable to resolve the dispute within twenty (20) business days (or such other period as the parties may agree upon), each party may pursue resolution of the dispute through other legal means consistent with the terms of this Agreement. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. (b) Any claim or dispute arising hereunder which relates to the Scope of Work, Design Cost Estimate, and Design Schedule under paragraph 4, above; the Project Plan under paragraph 10, above; or any Request for Change (including, without limitation, any associated equitable adjustment) under paragraph 13, above; and is not resolved by senior management within the time permitted under paragraph 16(a), above, shall be resolved by arbitration in Seattle, Washington, under the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other disputes shall be resolved by litigation in any court or governmental agency, as applicable, having jurisdiction over the Parties and the dispute. (c) In connection with any arbitration under this paragraph 10, costs of the arbitrator(s), hearing rooms and other common costs shall be divided equally among the parties. Each party shall bear the cost and expense of preparing and presenting its own case (including, but not limited to, its own attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or her decision, reimbursement of all or a portion of the prevailing party's costs and expenses by the other party. (d) Unless otherwise agreed by the parties in writing, the parties shall continue to perform their respective obligations under this Agreement during the pendency of any dispute. 17. In the event that either party Is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that party's performance shall be excused during the Force Majeure Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or other condition which necessitates the mobilization of the personnel of a party or its contractors to restore utility service to customers; laws, regulations, rules or orders of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a party, its contractors or a third party; or any failure or delay in the performance by the other party, or a third party who is not an employee, agent or contractor of the party claiming a Force Majeure Event, in connection with the Work or this Agreement. Upon removal or termination of the Force Majeure Event, the party claiming a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited manner under this Agreement or procure a substitute for such obligation. The parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event. 18. This Agreement is subject to the General Rules and Provisions set forth in Tariff Schedule 80 of the Company's electric Tariff G and to Schedule 74 of such Tariff as approved by the Washington Utilities and Transportation Commission and in effect as of the date of this Agreement. Design Agreement, Attachment "A" to Schedule 74, Page 6 City of Port Orchard — Bay Street Notification No. #10629084 19. Any notice under this Agreement shall be in writing and shall be faxed (with a copy followed by mail or hand delivery), delivered in person, or mailed, properly addressed and stamped with the required postage, to the intended recipient as follows: If to the Government Enlit Attn: Fax: If to the Company: Puget Sound Energy, Inc. 22884 Ryen Drive N.W.. Poulsbo, WA 98370 Attn: Dana Marie Smith Fax:360-779-4897 Either party may change its address specified in this paragraph by giving the other party notice of such change in accordance with this paragraph. 20. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws of the State of Washington (without reference to rules governing conflict of laws), except to the extent such laws may be preempted by the laws of the United States of America. 21. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and all other agreements and understandings of the Parties, whether written or oral, with respect to the subject matter of this Agreement are hereby superseded in their entireties. 22. This Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, purchasers, and transferees of the parties, including but not limited to, any entity to which the rights or obligations of a party are assigned, delegated, or transferred in any corporate reorganization, change of organization, or purchase or transfer of assets by or to another corporation, partnership, association, or other business organization or division thereof. Government Entity: City of Port Orchard BY 4&e 5,,Ad Kim L, Abel ITS Mayor Date Signed 2/13/n7 A p ved as to firm: Company: PUGET SOUND ENERGY, INC. t J Jy "6c '14 Ins ITS Municipal LiaisonManager Date Signed Design Agreement, Attachment "A" to Schedule 74, Page 7 City of Port Orchard — Bay Street Notification No. 410629084 v �: a -� PUGET SOUND ENERGY The Energy To Do Great Things November 2, 2010 Mr. Mark R. Dorsey, P.E. Public Works Director/City Engineer 216 Prospect St. Port Orchard, WA 98366 360.876.4991 360.876.4980 fax mdorsey(aa)cityofportorchard. us Re: Bay St. Sch 74 Conversion Project Order # 101035154 Dear Mr. Dorsey: RECEIVED Nov 0 5 2010 CITY OF PORT ORCHARt PUBLIC WORKS Please find the enclosed Design Change Order #6 for the Bay St. Schedule 74 conversion project. As we agreed in the meeting on August 18, 2010 this is the revised change order that will cover the costs associated with the work done on the project to date. If at some point in the future the City would like to revive the project we can utilize the infrastructure that has already been placed and the City will be credited in the construction phase of the project. Once the DCO #6 is signed and returned I will prepare the bill for the project costs to date. Please contact me if you have any questions or concerns regarding this information. Sincerely, Thomas M. Brobst Municipal Liaison Manager Puget Sound Energy 360-475-7020 Puget Sound Energy' 6522 Kitsap Way ` Bremerton, WA 98312' 360-475-7020 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4J Subject: Approval of Amendment No. r to Contract No. 025-1o, Authorizing the the Mavor to Extend Contract Date for Janitorial Services with ABM Janitorial Meeting Date: December 14, 2010 Prepared by: Patti Kirkpatrick, MMC Atty Routing No: Atty Review Date: City Clerk NA NA Summary: During the 2o11 budget process, Staff contacted and worked with Susan Perry, Representative for ABM Janitorial, regarding extending the 2010 contract for one year, at the existing current monthly price for all four City facilities. Ms. Perry agreed to the one year extension at the current 2010 monthly pricing. For the past three years, ABM Janitorial Services has been providing cleaning services for City Hall, Library, Active Club building, and Public Works Shop and City staff has been pleased with the services of ABM Janitorial Services. Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 1 to Contract No. 025-10, thereby extending the contract date to January 1, 2011 and ending December 31, 2011, in a monthly amount not to exceed $5,958.85• Motion for consideration: I move to approve Amendment No. 1 to Contract No. 025-10, authorizing the Mayor to extend the contract date expiration date from January 1, 2011 to December 31, 2011, in a monthly amount not to exceed $5,958.85• Fiscal Impact: There is no increase to the 2o11 budget. Alternatives: Not approve the extension and direct staff to rebid for janitorial services. Attachments: Amendment No. 1 to Contract No. 025-10 CITY OF PORT ORCHARD CONTRACT No. 025-10 AMENDMENT NO.1 ABM JANITORIAL SERVICES This Amendment No. 1 extends the janitorial services contract with ABM Janitorial Services for one year, effective January 1, 2011 to December 31, 2011, as follows: 1. All terms and conditions set forth in the original contract dated January 1, 2010, between the City of Port Orchard and ABM Janitorial Services, shall remain in full force and effect. 2. The current contract monthly rate of $5,958.85, will apply for the new contract term, which includes the following facilities: City Hall Library Active Club Building Public Works Shop Building CITY OF PORT ORCHARD Lary Coppola, Mayor DATE: 216 Prospect Street Port Orchard, WA 98366 360.876.4407 360.985.9029 (fax) ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk ABM JANITORIAL SERVICES & Susan Perr , Sags Rep'es ntative DATE: - _ 1201 South 30th Street Tacoma, WA 98409 800.562.6020, ext. 203 susan.perry@abm.com 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. Public Hearing 6A Subject: 2010 Update to Port Orchard Municipal Code Title 16: Land Use Regulatory Code Meeting Date: December 14, 2010 Prepared by: Atty Routing No: Atty Review Date: James R. Weaver Development Director r56-10 December 8. 2010 Summary: In an effort to accommodate the efficient and equitable processing of development applications as well as implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. Planning Commission input and consideration was identified as an essential step for implementation and needed clarifications to our existing code and regulations that support the goals and policies of our Comprehensive Plan. Meetings were noticed and held with the Planning Commission in January, February, March, and April of 201o. Draft code language was prepared as a result of the Planning Commission recommendations, which are set forth in PC Resolution 002-10. The following items are the main proposed changes to Port Orchard Municipal Code Title 16: Land Use Regulatory Code. 1) Review of Permitted and Conditional uses in the created Business/Professional zoning designation. The goals and policies identified in the Comprehensive plan for the new zone were combined with comments from citizens, sub committees and appointed/elected officials and resulted in a list of Land Use Tables and development regulations for the Business Professional zone. City Council in adoption of the Business Professional zone uses in 2009 directed additional review of the tables in 2o1o. The revised use tables are a product of public input and Planning Commission recommendations, initiated from the 2009 Council direction. 2) Minor typographical revision of Building height code. Minor revisions are proposed to remedy identified typographical errors and minor conflicting components of the 2009 update to the Title 16 building heights code. Recommendation: Open the Public Hearing for comments on the proposed amendments to the Title 16 Land Use Regulatory Code Fiscal Impact: None Alternatives: Do not open the public hearing. Attachments: City Council Work Study Minutes from June 15, 2010 City of Port Orchard 9r� Council Meeting Minutes Work Study Session of June ig, 2oto 1. q:oo p.m. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Mayor Pro -Tern Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, and Fred Olin was present. Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Absent: Councilmember Carolyn Powers. 2, Discussion: Gem 1 Developers Agreement City Attorney Jacoby provided the final draft development agreement of the McCormick North Phase II indicating the purpose of this agreement was to hold the developer to the City's standards, with the exception of tree retention, which would follow the County's standards for a period of fifteen years from the date of final plat approval; and the Agreement would include the Campus Parkway area. g. Presentation: Kitsap Regional Coordinating Council Non -Motorized Transportation Mary McClure, Kitsap Regional Coordinating Council, provided a brief presentation on Non -Motorized Transportation: • TransPOL requested information for decisions about non -motorized funds in 2011 federal funding program; • Non -Motorized priorities focused on how to improve child safety and the Mosquito Fleet Trail; • Committee recommendations included funding; the Mosquito Fleet Trail; Regional Bicycle/Pedestrian Spine System; safe routes to school; setting priorities; implementation; promote safety; support community volunteers; every bus rider is a pedestrian; and ferry system users are pedestrians; • Would like to see the funding increase to 20%, double than the current rate, from the road portion of current funding; • Use local money to plan and use federal money to implement the plan; • Create bigger side shoulders for safer routes to school and concentrate on schools that have a higher number of walkers versus bus riders; • Active transportation is vital for our health and well-being; • Non -Motorized can help reduce congestion impact in communities; and • Political will is the driving force to make this program move forward. Ms. McClure explained that this proposal would come before the Kitsap Regional Coordinating Council in the near future in order to dedicate funding towards the program. 4. Discussion: Sewer Rate Continued Public Works Director Dorsey provided a fourth alternative price increase to maintain the McCormick Woods STEP system and sought Council direction regarding which alternative was preferable. June 15, 2010, Work Study Session Minutes Page 2 of 3 Councilmember Putaansuu explained that should the City take over all the grinder pumps within City limits that would be at a cost increase of $2.82, which is in addition to any of the other three options. Further, Councilmember Putaansuu reported that the South Kitsap Water Reclamation Facility has some maintenance issues that the Utility Committee was working with Plant Manager, Larry Curles, as to whether the cost of those repairs should be included in the proposed rate increase. If that is the case than the total proposed increase would need to include that figure, which was estimated to be up to $i more per household. Councilmember Putaansuu recommended Option 1 and to round up to include the potential repairs to the Wastewater Treatment Plant. After a brief discussion, Council directed staff to bring forward Alternative No. r with the total being $49.00, which included the proposed maintenance upgrades at the Wastewater Treatment Plant and to do community -wide outreach regarding the proposed rate increases. 5. Discussion: Designating Parking Permits for Law Firms on Dwight Street Mayor Coppola stated Mr. Eric Fong with the Kitsap County Bar Association requested the City consider issuing a parking permit for attorneys who are in court, noting the law firms would be willing to pay for this privilege and suggested $1,000 per year per law firm. Location choices were along both sides of Dwight Street below the County Administration building or in the gravel area that is owned by the City, but is being used by the County's Public Works department. Mayor Coppola noted that the Public Works Director was working with the County regarding necessary upgrades to the parking area at the corner of Dwight and Austin in exchange for the County to use that space. After a brief discussion, Council directed staff to pursue the option to install prepaid parking meters at the corner of Austin and Dwight Street; determine if Austin is part of the City's right-of-way, and determine what the number of parking stalls would be in that area; and bring back for further discussion at the July 20, 2010, Work Study Session. 6. Discussion: Bay Street Pedestrian Pathway — Direction and Alternatives Public Works Director Dorsey provided a brief overview of the project and sought Council direction regarding their preferred alternatives to pursue on the Bay Street Pedestrian Pathway project. After a brief discussion, Council directed staff to pursue the Blackjack Creek Bridge Alternative No. 3; Rockwell Alternative No. i; and the Waterfront Park Alternative No. t was preferred; however, Council wanted to wait for the presentation to the Port and for the Port of Bremerton to weigh-in on their preferred alternative. Further, Council directed staff to begin enforcing those structures encroaching into the City's rights -of -way for future development of the Bay Street Pedestrian Pathway. June 15, 2010, Work Study Session Minutes Page R of q 7. Discussion: BHC Contract Extension Public Works Director Dorsey reported that he will be requesting a time extension of the contract in order to finish obtaining right-of-ways; and move the project to shovel ready status in 2011. Public Works Director Dorsey left the meeting at 9:28 p.m. 8. Update: Municipal Code Title 16 — Business Professional Revisions Development Director Weaver provided an update regarding Port Orchard Municipal Code Title 16 Business Professional, noting some of the new uses included public agency archives. Council directed staff to bring these changes forward at the end of the year for their final review and adoption. 9. Discussion: POMC 16.65 Sign Regulations Development Director Weaver indicated that the Port Orchard Municipal Code Chapter 16.65 Sign regulations needed an emergency revision regarding billboards; noting that he would bring forward new language for review at the next regular meeting. Council directed staff to bring forward the revision to better define the regulations of billboards within the City limits to the June 22, 2010, Council meeting. 10. Update: County -wide Planning Policies Development Director Weaver provided a copy of the most resent version of Puget Sound Regional Council, Kitsap Regional Coordinating Council, and the Kitsap County Health Departments County -wide planning policies. The document included eight issues of concerns from the above entities, along with the City of Poulsbo's comments, which were similar to Port Orchard's. He voiced his concern that this document may set the precedent for future unfunded mandates and urged the Council to carefully review the document and provide their comments to his department. 1i. Next Work Study Session -Tuesday, July 2o, 2oio At 10, p.m. t eetg was adj J Lv c Patricia J. Kirlc / trick, 0MC, City City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Reuort Agenda Item No. Public Hearing 6B Meeting Date: December 14, 2010 Subject: 2olo Amendments to the Port Prepared by: James R. Weaver, Orchard Comprehensive Plan Development Director Atty Routing No: 155-ro Atty Review Date: December 8, 2010 Summary: This public hearing is being conducted for the 2010 City of Port Orchard Comprehensive Plan Amendments, in accordance with RCW 36.7oA.13o and POMC 16.05.o80. The Growth Management Act (GMA), RCW 36.7oA states, as a general rule, each city that plans under the GMA may amend its comprehensive plan no more frequently than once every year These site -specific and city-wide amendments were developed in consideration of the goals of the GMA for the development of local comprehensive plans, as codified at RCW 36.7oA.02o, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. These amendments were developed from and are consistent with the Kitsap Countywide Planning Policies (CPPs). The following items are the proposed changes for consideration to the Port Orchard Comprehensive Plan: r) Coy Rezone and Site Specific Comprehensive Plan Change: Comprehensive Plan Amendment request for a zoning designation of Business Professional and a Comprehensive Plan Designation of Commercial, for property located at 1710 Pottery Avenue. 2) Update of Zoning and Comprehensive Land Use Maps. The 2010 annexation of Geiger II, South Sidney and additional smaller 2o10 annexations required the update to the City of Port Orchard zoning and comprehensive Land Use Maps to accommodate the changes to the incorporated city limits. 3) Appendix G: Update of Associated Plans Adopted by Reference. The update of partner utility district capital facilities plans, City capital facilities plans, school district capital facilities plans, and parks plans for areas that have been annexed, are documented and referenced in the 2oro annual Comprehensive Plan update. The Port Orchard Planning Commission unanimously passed PC Resolution 007-io and PC Resolution oo8-ro recommending support of the above 2010 updates to the Port Orchard Comprehensive Plan. Recommendation: Open the Public Hearing for the 2010 updates to the Port Orchard Comprehensive Plan. Fiscal Impact: None Alternatives: Do not open the Public Hearing. Attachments: None City of Port Orchard Council Meeting Minutes Regular Meeting of November 30, 2010 i. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, and Carolyn Powers were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Excused: Councilmember Fred Olin. A. Pledge of Allegiance Tom Bonsell led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT James Bresette with Courage to Change spoke in opposition of the Council increasing the Active Club usage fees and asked the Council to consider leaving their monthly usage fee at $4.00 per hour for 2011. 3. APPROVAL OF AGENDA Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. Councilmember Olin was absent. Councilmember Colebank MOVED and Councilmember Powers seconded the motion to excuse Councilmember Olin from November 30, 2010, meeting; Councilmember Clauson from the December 14, 2010, Council meeting; and Councilmembers Childs, Chang, and Clauson from the December 21, 2010, Work Study Session. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 54567 through 54638 in the amount of $226,065.97 B. Approval of the November 9, 2010, Council Meeting Minutes C. Approval of Contract No. 017-10, Authorizing the Mayor to Execute the Revised Interlocal Agreement with Kitsap County Regarding Stormwater within the McCormick Urban Village Minutes of November 30, 2010 Page 2 of 11 Councilmember Childs MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. McCormick Village Park Master Plan and Preferred Alternative Development Director Weaver presented the staff report, noting the Public Hearing is for public comment and testimony related to the selection of a preferred alternative for the McCormick Village Park and for the McCormick Village Park Master Plan Draft document. Jones and Jones Landscape Architects was the successful bidder for the McCormick Village Park Master Plan project. Cory Parker and Mario Campos, with Jones and Jones Landscape Architects, were the primary design consultants; and have done an excellent job of putting the communities' goals and objectives for the new park to paper. It was a collaborative effort with diligent subcommittee members, and with the general public through involvement in the development of goals and a vision for the park while acknowledging the realities of both fiscal and land form constraints, which have been coalesced into the draft Master Plan document, under discussion today. Throughout the park planning process the Planning Department incorporated public involvement through numerous media types and notification processes. Mailers were placed in utilities billings, flyers were distributed, emails and meeting reminders were sent, news articles were placed in the newspaper, online surveys were conducted, and full project and meeting information was provided on the City's website. City planning staff believes that the preferred alternative is an accurate reflection of community input and clearly depicts the consideration and effort reflected in the subcommittee meetings and comments provided throughout the park planning process. It is the belief of the department that the McCormick Village Park Master Plan document is a product that provides the ability to develop an important City park that will be utilized by all components of the City's residents and in which, the citizens of Port Orchard residents can be proud of. Mayor Coppola opened the Public Hearing at 7:09 p.m. Tom Bonsell, Associate Planner, presented an overview of the McCormick Village Park Master Plan, noting the following; • Upon the annexation of McCormick Woods the City received approximately 3o acres of vacant land of which was designated for a park in the McCormick Woods Master Plan; • Approximately 1.5 acres was set aside for construction of a Fire station; Minutes of November 30, 2010 Page 3 of 11 • Gem 1 LLC, through a developers agreement, has agreed to donate an additional 15 acres of land towards the park; • A previous agreement has been made between the South Kitsap Fire District to share some of the facilities and cost associated with the park and entrance to the park; • When the property came to the City, $650,000 for park design and development was paid as a park fee by Gem 1 LLC; • Jones and Jones Landscape Architects was awarded the RFP to help design a Master Park Plan for the site; • Park Sub -committee was assembled and met once a month, for four months; • Jones and Jones Landscape Architects helped the subcommittee set principals and goals for the park design process; • Created three themed alternatives; • Took the best of all three alternatives and made it into one preferred plan; and • Planning Commission conducted a Public Hearing and passed Resolution No. 005- io, in support of the preferred plan. Cory Parker, with Jones and Jones Landscape Architects, thanked the Council and appreciated the opportunity to work the City and its citizens on the design of the park. He worked with the subcommittee to develop the following goals: • A protected wetland and forest ecosystem; • People immersed in the park's illuminated natural history and character; • A community of healthy and fit individuals; • A Place where people can come together; and • Equity among a variety and diversity of public park users. After reviewing the different alternatives the subcommittee voiced consensus of the Art and Community alternative and asked to include components from the Nature and Fitness alternative, which resulted in the preferred alternative that is before Council. Mr. Parker pointed out, that in the Park Master Plan there are phasing suggestions, design guidelines, funding ideas, and funding resources, of which may help with getting thinks into the ground for the citizens to see movement, which will help gain support for the project from the community. Dick Davis spoke in favor of the McCormick Village Park Master Plan and Preferred Alternative, noting this Master Park Plan will give the community a chance to say something about the value of our community and that the City can get big things done. He urged the Council to formulate a team that can represent the City to present this plan to potential donors and/or funding grantors, noting it was crucial to keep in mind where the initial funding for this park came from and if done correctly, the citizens will never have to pay for this park. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:24 p.m. Minutes of November 30, 2010 Page 4 of 11 B. Annexation of McCormick East, File No. A-25-10, with Zoning and Comprehensive Plan Designations Development Director Weaver presented the staff report, noting the petitioners have submitted a Petition for Annexation to annex three parcels totaling approximately 112.49 acres. The parcels are located in the vicinity of Glenwood Road SW and McCormick Woods Drive SW, within Sections 10 and 15, Township 23 North, Range 1 East, W.M., Kitsap County, Washington. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6. Parcels 102301-3-Oo8-2002 and 152301-2-013-2002 are currently designated Urban Low -Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County's zoning map. Parcel 152301-2-012-2003 is currently designated Public Facility in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County's zoning map. This annexation will bring the southern City limit to the full extent of the Urban Growth Area, west of SR 16. The annexation contains critical areas, including a portion of Square Creek and several small wetlands and hydric soils. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2oo8, adoption of the 2oo8 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary, but outside incorporated City limits. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:28 p.m. 7. BUSINESS ITEMS A. Adoption of Ordinance No. 023-10, Approving the Annexation Request for McCormick East, File No. A-25-10 Development Director Weaver presented the staff report, noting a Public Hearing was conducted earlier this evening regarding City Council Ordinance No. 023-10, for the annexation of three parcels which total approximately 112.49 acres and the associated right- of-ways, located in the vicinity of the intersection of Glenwood Road SW and McCormick Woods Drive SW, within Sections to and 15, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel Nos. 102301-3-008-2002, 152301-2-013-2002, 152301-2-012-2003). With approval of this ordinance, these properties will have interim City of Port Orchard Zoning and Comprehensive Plan designations as follows: a Comprehensive Plan designation of Residential: Medium Density and R8 zoning for Tax Parcels 4800lO2301-3-008-2002 and 152301-2-013-2002; and a Comprehensive Plan Minutes of November 30, 2010 Page 5 of 11 designation of Public and Community Spaces and Community Facilities zoning for Tax Parcel 152301-2-012-2003, to become effective upon annexation. In response to Councilmember Chang, Development Director Weaver indicated that the applicant is confident this will pass through the Boundary Review Board process with little to no problems. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Ordinance No. 023-10, approving the McCormick East annexation request of three parcels that total approximately i112.49 acres and the associated public right-of-way, and the assumption of city indebtedness by the area to be annexed upon annexation. Upon vote, the motion passed unanimously. Councilmember Olin was absent. B. Adoption of Ordinance No. 024-10, Amending Port Orchard Municipal Code Chapter 15.38 Flood Damage Prevention Development Director Weaver presented the staff report, noting the City of Port Orchard had approved Ordinance No. 015-10 on July 13, 2010, to update regulations in Port Orchard Municipal Code Chapter 15.38 regarding flood damage prevention in order to minimize public and private losses due to flood conditions in order to remain fully compliant with State and Federal Law, and to ensure the City's residents qualify for the National Flood Insurance Program. Upon review of the Port Orchard Municipal Code (POMC) and Ordinance No. 015-1o, by FEMA staff, a minor textural change was required to bring the Ordinance and POMC Chapter in compliance with Federal regulations. The sole change is to reference the correctly titled edition and date of the Federal Insurance Administration scientific and engineering report entitled "The Flood Insurance Study for Kitsap County, Washington and Incorporated Areas", dated November 4, 2010. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Ordinance No. 024-10, to amend Port Orchard Municipal Code Section 15.38.o6o Basis for establishing the areas of special flood hazard. Upon vote, the motion passed unanimously. Councilmember Olin was absent. C. Approval of the First Reading of Ordinance No. 025-10, Amending the 2010 Budget City Treasurer Martin presented the staff report, noting the City is nearing the end of its fiscal year and has the need to make a number of budget adjustments as a way to put the budget in line with actual expenditures. The City is required to operate within budgeted appropriations at the fund level. When a budget is anticipated to exceed its legal level of authority, an increase in appropriations is sought from Council. To accomplish this, the Minutes of November 30, 2010 Page 6 of 11 Council considers budget amendments by adopting a City Ordinance. As a matter of convenience, the City has a business practice of amending the budget at year end. There is a need to make three adjustments to the 2010 Budget. The first is to adjust the Community Events Fund to reflect the action taken by Council in Resolution No. 039-10, that spends an additional $4,500 on the Festival of Chimes and Lights. The second is to authorize a transfer from the Cumulative Reserve for Municipal Facilities for payment of Blackjack Creek project labor costs as directed in Resolution No. 047-09. The third is approval of transfers from Cumulative Reserve for Water -Sewer to the Water -Sewer Fund for projects completed and those coming due in 201o. Treasurer Martin stated that he knew of no controversy relating to this request to bring spending authority in line with actual expenditures. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to approve the first reading of Ordinance No. 025-10, amending the 2oio Budget for the City of Port Orchard and to direct staff to place Ordinance No. 025-10, on the December 14, 2010, Consent Agenda for final adoption. Upon vote, the motion passed unanimously. Councilmember Olin was absent. D. Adoption of Ordinance No. o26-1o, Amending Port Orchard Municipal Code Chapter 3.o8 Relating to the Advance Travel Expense Revolving Fund City Clerk Kirkpatrick presented the staff report, noting RCW 42.24.12o allows for advancement funds to officers and/or employees for travel expenses. Port Orchard Municipal Code 3.o8 sets forth the criteria for the City's advance travel fund. Over the last year, it has become increasing difficult to offer advance travel funds to officers and/or employees due to the availability of funds in the account. Further, the City Clerk is designated as the custodian of the fund and is the sole signer of checks for this account. There are times when the City Clerk is not available to sign the checks and/or prepare the necessary paperwork and times when the City Clerk has to turn away requests for advance travel funds due to a low account balance. The City Clerk proposed to the Finance Committee that additional signers be added to the account, namely the Deputy Clerk and Mayor; and to increase the fund balance to $2,000. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to adopt Ordinance No. 026-1o, amending Port Orchard Municipal Code Chapter 3.o8 relating to the Advance Travel Expense Revolving Fund. Upon vote, the motion passed unanimously. Councilmember Olin was absent. Minutes of November 30, 2010 Page 7 of 11 E. Adoption of Resolution No. 041-10, Repealing Resolution Nos. 014-05 and 023-10, and Reestablishing Regulations and Fees Related to Parking, Stopping, or Standing in Certain Areas of City Police Chief Townsend presented the staff report, noting as part of the move to incorporate new parking pay kiosks in the waterfront lot no. 4, it was necessary to raise the parking rates to pay for the kiosks and make other minor modifications to the parking resolution to accommodate the new way of collecting parking fees. He noted the following main changes to the Resolution: 1. Lot 1 (located between the marina office and Kitsap Bank drive-thru), which used to host paid parking, permit parking, and 4 hour free parking will no longer host paid parking. Only permit and 4 hour free parking will be located in this lot. 2. A new category of paid parking was added called "hourly public parking", which will be $1 per hour. In the past you had to pay for all day parking to park in lot 4 (located between the port's child play area and the library). Now you have the ability to buy parking based upon 1 hour increments. 3. The daily parking rate was increased from $3 per day to $5 per day. 4. The monthly parking rate was increased from $6o per month to $go per 31 day period. This allows someone to buy a pass on January 15th, for example, and it is good until February 14th. These monthly passes will be purchased directly from the kiosk, where in the past the customer had to go to City Hall. 5. The downtown merchant parking pass remains at the same level since 2005, which is $30 per month. Merchant passes will continue to be purchased at the City Treasurer's office. 6. The registered carpool parking pass remains at the same level since 2005, which is $30 per month. Carpool passes will continue to be purchased at the City Treasurer's office. 7. The contractor's parking pass was increased from $5 per day to $8 per day. Contractor's passes will continue to be purchased at the City Clerk's office. 8. The process of obtaining the parking receipt from the kiosk and proper display of it and the monthly hangtags is detailed to avoid confusion and ensure compliance so they are clearly visible to parking enforcement. 9. Changes will be effective January 1, 2011. In response to Councilmember Putaansuu, Police Chief Townsend stated that if the machine sold more tickets than parking spaces, he would address the issue at that time; however, he did not believe this would be an issue. In response to Councilmember Chang, Police Chief Townsend will be providing public outreach such as advertising notices, signage, and personal assistance when the machines are activated. Minutes of November 30, 2010 Page 8 of 11 Councilmember Childs MOVED and Councilmember Colebank seconded the motion to approve Resolution No. 041-10, repealing Resolution Nos.014-05 and 023-10, and reestablishing regulations and fees related to parking, stopping or standing in certain areas of the City. Upon vote, the motion passed unanimously. Councilmember Olin was absent. F. Adoption of Resolution No. 042-10, Accepting the Donation of Real Property for Park Purposes and Authorizing the Mayor to Execute the Property Donation Agreement with Carol H. Henrikson Development Director Weaver presented the staff report, noting Ms. Henrikson approached City staff with a request to donate one parcel that she owns along Blackjack Creek (parcel number 352401-4-012-2004). The parcel is located northeast of the intersection of Sidney Avenue and SE Lund Avenue, off of Jones Drive. It is 2.76 acres in size and is heavily forested, with the eastern property line bordering Blackjack Creek. This donation was reviewed by the Public Properties Committee at their October 12, 2010, meeting and a recommendation to approve and accept this donation was made to the City Council. A Property Donation Agreement has been signed by Ms. Henrikson for the Council's consideration. With the attached executed agreement, the City Council can authorize the Mayor to sign it on behalf of the City and record it at the County Assessor's office. By doing so, it will provide for future public use of this parcel and preserve it from potential development. In response to Councilmember Clauson, Development Director Weaver stated there is no direct access to the parcel at this time. However, he hopes it will be included into the Blackjack Creek Trail project. Councilmember Powers MOVED and Councilmember Chang seconded the motion to adopt Resolution No. 042-10, accepting conveyance of the subject property on the terms and conditions as stated in the Property Donation Agreement attached hereto as Exhibit A and authorizing the Mayor to execute the Agreement on behalf of the City and to acquire the subject property in accordance with the Agreement. Upon vote, the motion passed unanimously. Councilmember Olin was absent. G. Approval of Contract No. 017-11, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County for Incarceration of Juvenile City Prisoners for Municipal Court Police Chief Townsend presented the staff report, noting this agreement is between the City of Port Orchard and Kitsap County Juvenile Department to allow juvenile offenders, within the jurisdiction of Port Orchard Municipal Court, to be housed at the Kitsap County Youth Services Center. The agreement is limited to detention of juveniles for offenses, which are Minutes of November 30, 2010 Page 9 of 11 within the jurisdiction of the Port Orchard Municipal Court and charged within the City court. All youth held within the juvenile facility on offenses otherwise subject to the jurisdiction of other courts, including but not limited to, Kitsap County Superior Court are not governed by this agreement. The detention of a juvenile for Port Orchard Municipal Court is rare and may average about 1 detainee or less per year. Most juvenile charges are filed in the Kitsap County Superior Court. The only offenses filed for juveniles in Port Orchard Municipal Court are driving violations for juvenile violators between 16 and 18 years of age. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to approve Contract No. 017-11, authorizing the Mayor to execute an Interlocal Agreement with Kitsap County regarding incarceration of Juvenile detainees for Port Orchard Municipal Court offenses. Upon vote, the motion passed unanimously. Councilmember Olin was absent. 8. CITIZENS COMMENTS There were no citizen comments. 9. COMMITTEE REPORTS Councilmember Putaansuu reported on the Utilities Committee recommendations to the toll Budget as follows: • Sewer and Water Fund 403 had $2.2 million in reserves; • Recently passed rate increase to help fund our io-year Capital Facilities Plan; • Recommend spending $1.9 million and leaving $304,000 in reserves; • $1o,000 for the USGS ground water study; • $15,000 change order for the additional depth to Well no. 11; • $265,000 for the conversion of the remaining 61 homes in McCormick Woods from step systems to a conventional sewer system; • $30,000 to continue to moderations to the Scada, which controls and monitors pumps and sewer facilities electronically; • $40,000 to modify the pump station at Harrison Hospital; • $1.4 million for the construction for the force main along Tremont Street; • $130,000 for a portable generator for lift stations; • $8o,000 for well no. 9, to help resolve the water quality issue. Councilmember Colebank gave a report from the Regional Peninsula Policy Board meeting indicating a few issues coming up in the next year are the discussion of the Gorst area interchange and the Belfair bypass. Minutes of November 30, 2010 Page 10 of 11 Councilmember Childs announced that the Festival of Chimes and Lights is being held on Saturday, December 4, 2010, starting at 12:00 P.M. in the downtown area of Bay Street. Mayor Coppola directed Councilmember Childs coordinate the annual "Good Neighbor Award" tour with the other Councilmembers. io. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the Veteran's Day Ceremony; • Meet with a number of citizens regarding various issues related to parking; • Attended the Port Orchard Parry; • Attended the CENCOM Board meeting; • Attended the Kitsap Transit Board meeting; • Attended the Lions Club Celebration honoring Delilah of the "Women of the Year"; • Met with lobbying firm Gordon Thomas Honeywell regarding the City's legislative agenda; • Helped with the Boys and Girls Club Wine Auction fundraiser; • Attended the Bay Street Association meeting; • Attended the Harbor Wellness Center ribbon cutting ceremony; • Attended the Finance Committee for Housing Authority; • Attended a presentation given to two Eagle Scouts; • Attended Mr. William Wren's 100th Birthday Celebration; • Helped serve dinner on Thanksgiving Day at Moon Dogs; • Attended a local business person's Birthday and Food fundraiser; • Gave a tour of City Hall to a Cub Scout Troup; • Attended the pre -grand opening of 7-11; • Met with the City's labor Attorney; and • Attended a meeting with the County Commissioners, faith based organizations, and non- profits regarding the homeless issue. ii. REPORT OF DEPARTMENT DIRECTORS Development Director Weaver reported as of November 24, 2010, the City has officially opted out of the Revenue Sharing Agreement with Kitsap County; and the Citizen Group is interested in reinitiating the annexation of the Bethel Corridor. City Attorney Jacoby reminded the Council that following tonight's meeting they will be convening into a meeting regarding labor negotiations. City Treasurer Martin reported the Public Hearing regarding the 2011 Budget is being held on Monday, December 6, 2010. Minutes of November 30, 2010 Page ii of ii Public Works Director Dorsey thanked his staff for stepping up to deal with the few days of weather related issues. Councilmember Putaansuu MOVED and Councilmember Childs seconded the motion to cancel the December 21, 2010, Work Study Session and to Postpone the December 28, 2010, Council meeting to January 11, 2011. Upon vote, the motion passed unanimously. Councilmember Olin was absent. City Clerk Kirkpatrick announced that Mayor Coppola has achieved the AWC's Certificate of Municipal Leadership. Achievement of this certificate truly demonstrates the essential knowledge and skills to be an effective municipal leader. 12. ADJOURNMENT At 8:21 P.M. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, MMC, City Clerk Lary Coppola, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of December 6, 2010 i. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and Councilmembers Fred Chang, Jerry Childs, and Jim Colebank were present and constituted a quorum. City Clerk Kirkpatrick, Police Chief Townsend, Treasurer Martin and Office Assistant Jenine Dennison, were also present. Absent: Councilmembers Carolyn Powers, Fred Olin, and John Clauson A. Pledge of Allegiance Bryce Baird led the audience and Council in the Pledge of Allegiance. 2. Public Hearing A. The 2011 Preliminary Budget Mayor Lary Coppola opened the Public Hearing at 7:01 p.m. Patty Graf -Hoke, Executive Director of the Kitsap Peninsula Visitor Convention Bureau (VCB), voiced her appreciation to the City and Council for their continued support over the past year. She provided copies of the VCB's most recent E-Newsletter, which reaches 23,000 people; Kitsap Peninsula Salmon Loop map; and a National magazine article, which featured the Port Orchard and Manchester areas at no cost to the City. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:05 p.m. and announced that the record will remain open till the close of business on Friday, December 10, 2010, for written testimony. 3. Adjournment At 7:05 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, MMC, City Clerk Lary Coppola, Mayor 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 7C Meeting Date: December 14, 2010 Subject: Adoption of Ordinance No. 027-10, Prepared by: Allan J. Martin Approving the 2011 Budget Treasurer Atty Routing No: 150-10 Atty Review Date: December 4, 2010 Summarv: The Mayor of Port Orchard completed and placed on file a proposed budget and estimate of the amount of the monies required to meet the public expense, bond retirement and interest, reserve funds, and expense of the government of the City for the fiscal year ending December 31, 2011. As required, the City Council held a public hearing on revenue sources for the coming year's budget, including consideration of possible increases in property tax revenue. The Finance Committee met independently to study the proposed budget, and held budget interviews that required the presence of department heads. Input was sought from the full Council. A final hearing seeking public input on the proposed budget was held December 6, 2010. The 2011 Budget does not exceed the lawful limit of taxation allowed by law to be levied on the property within the City of Port Orchard for the purposes described in the 2o11 Budget, and the estimated expenditures in each fund are all necessary to carry on the government of the City for fiscal year 2011. The 2o11 Budget reflects department head requests, Mayor's priorities, citizen comment, Finance Committee and City Council input and modifications. Recommendation: Approval of Ordinance No. 027-1o, adopting the 2o11 Budget for the City of Port Orchard for the fiscal year 2011. Copies are on file with the Office of the City Treasurer. Motion for consideration: I move to adopt Ordinance No. 027-1o, approving the 2011 budget. Fiscal Impact: Allows expenditures for the fiscal year of 2011. Total Funds $30,655,201. Alternatives: Adoption of the 2011 Budget must take place prior to the beginning of the ensuing fiscal year. Introduced by: City Treasurer Requested by: Finance Committee Drafted by: City Treasurer Reviewed by: City Attorney First Public Hearing: October 26, 2010 Second Public Hearing: December 6, 2010 Adopted: ORDINANCE NO. 027-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON ADOPTING THE FINAL BUDGET FOR THE YEAR 2011 WHEREAS, the City Council held a public hearing on revenue sources on October 26, 2010; and WHEREAS, the preliminary budget for the calendar year 2o11 available October 4, 2010 was submitted to the City Council; and WHEREAS, a Notice of Budget Hearing was published on November 12, 2010 and November 26, 2010 in the Port Orchard Independent newspaper stating the 2011 preliminary budget was on file with the City Clerk and copies could be obtained at the office of the City Treasurer, and inviting the public to attend and/or submit written comments at the public hearing to be held December 6, 2010; and WHEREAS, the Council Finance Committee met three times between October 13, and November 22, 2010 to discuss the preliminary budget and to make final recommendations to the Council; and WHEREAS, the City Council held two work study sessions on the 2011 preliminary budget, on October 19, and November 16, 2olo and considered the Council Finance Committee's recommendations; and WHEREAS, the City Council held a public hearing on December 6, 2010 regarding the preliminary budget for calendar year 2o11; and WHEREAS, a copy of the 2011 preliminary budget has been on file with the City Treasurer for examination by the public during the time it was considered by the City Council; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 027-10 Page 2 of 2 Section i. The budget of the City of Port Orchard for the year 2011, is hereby adopted in its entirety as the final annual budget of the City of Port Orchard for calendar year 2oii as set forth below: (1) Estimated Revenue From All Sources: (2) Estimated Appropriations: Current Expense Fund Street Fund Arterial Street Fund Special Investigative Unit Fund Community Events Fund Water -Sewer Utilities Fund Storm Drainage Utility Fund Total Operating Funds Other Non -Operating Funds Total Funds $9,549,074 2,024,699 1,870,724 6o,170 98,590 6,785,400 1.091.990 $21,48o,647 9.174.554 $so.6�5.zo1 Section 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 14th day of December 2010. ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Rob Putaansuu, Councilmember 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 7D Meeting Date: December 14, 2010 Subject: Adoption of Ordinance No. 28-10, Prepared by: James R. Weaver, Amending Port Orchard Municipal Development Director Code Title 16: Land Use Regulatory Atty Routing No: 156-10 Code Atty Review Date: December 8, 2010 Summary: In an effort to accommodate the efficient and equitable processing of development applications as well as implementing the goals and policies within the Port Orchard Comprehensive Plan, the Port Orchard Planning Department has worked with the Planning Commission under Council direction to develop proposed changes to the Port Orchard Municipal Code Title 16: Land Use Regulatory Code. A Public Hearing was held on December 14, 2010 to receive testimony and public comment on the proposed Land Use Development Code changes for 2010. The following items are the proposed changes to Port Orchard Municipal Code Title 16: Land Use Regulatory Code. 1) Review of Permitted and Conditional uses in the created Business/Professional zoning designation. The goals and policies identified in the Comprehensive plan for the new zone were combined with comments from citizens, sub committees and appointed/elected officials and resulted in a list of Land Use Tables and development regulations for the Business Professional zone. City Council in adoption of the Business Professional zone uses in 2oo9 directed additional review of the tables in 201o. The revised use tables are a product of public input and Planning Commission recommendations, initiated from the 2009 Council direction. 2) Minor typographical revision of Building height code. Minor revisions are proposed to remedy identified typographical errors and minor conflicting components of the 2009 update to the Title 16 building heights code. Recommendation: Staff recommends Adoption of Ordinance No. 028-10 approving the proposed amendments to the Title 16 Land Use Regulatory Code. Motion for consideration: I move to adopt Ordinance No. 028-io approving the proposed amendments to the Title 16 Land Use Regulatory Code. Fiscal Impact: None Alternatives: Do not adopt Ordinance No. 028-1o. Attachments: Ordinance No. 028-10 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: December 14, 2010 Adopted: ORDINANCE NO. 028-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS 16.o8, 16.2o, AND 16.30 WHEREAS, the City Council has undertaken a comprehensive review of the Zoning Code and Development Regulations in order to amend the integrated set of documents that are internally consistent and user friendly; and WHEREAS, on December 9th, 2oo8, by Ordinance No. 042-o8, the Port Orchard City Council approved the 2008 Port Orchard Comprehensive Plan Update which created the Business Professional zone within the Commercial Retail -Office Comprehensive Plan Designation; and WHEREAS, on December 22nd, 2oo9, by Ordinance No. o10-o9, the Port Orchard City Council amended the Port Orchard Municipal Code Title 16 Land Use Regulatory Code to make provision for permitted uses within the Business Professional zone; and WHEREAS, at the direction of the City Council, the Port Orchard Planning Commission has undertaken a comprehensive review of Port Orchard Municipal Code Title 16 Land Use Tables in order to determine which uses should be permitted within the Business Professional zone; and WHEREAS, the Planning Commission and staff have held a series of special meetings over a period of months, which meetings were properly noticed and open to the public, to prepare an integrated set of documents known as the 2olo Land Use Regulatory Code Update, including recommendations for code revisions to the Land Use Tables 16.30.030 — 1oo in Title 16 Land Use Regulatory Code; and WHEREAS, pursuant to RCW 36.7oA.lo6, a draft of the 2010 Land Use Regulatory Code Update was provided to the Washington Department of Commerce for its review and comment, and the Department has granted expedited review; and WHEREAS, at a meeting held May 17, 2010 the Planning Commission reviewed the proposed 2o10 Land Use Regulatory Code Update and provided the Council with its recommendation as set forth in PC Resolution 002-10; and Ordinance No. 028-10 Page 2 of 4 WHEREAS, after proper notice, the City Council held a public hearing, on December 14, 2010 to collect testimony from members of the public regarding the provisions of the proposed 20ro Land Use Regulatory Code Update; and WHEREAS, after considering input from the Planning Commission, City staff, and the public, the City Council finds that the 20io Land Use Regulatory Code Update serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the 2olo Land Use Regulatory Code Update is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.7oA RCW; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Port Orchard Municipal Code Section 16.08.094 is hereby amended as follows: 16.o8.094 Building Height. "Building height" shall mean, except when otherwise noted in the tables or charts under Chapter 16.40 POMC, the vertical height or distance from the uphill elevation of the lower of either the existing or finished grade at the foundation or slab to the roof drip line or fascia of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement. SECTION 2. Port Orchard Municipal Code Section 16.20.701is hereby amended as follows: 16.20- 701 VPOD — Residential building and structure height limitations. (1) Residential Zoning Districts Permitted Heights. The maximum allowable building height in residential zoning districts (Gb, R4.5, R8, R12, and R20) shall be 15 feet. (2) Measurement. Buildings within the VPOD shall comply with the following height restrictions: Building height shall not exceed a measurement of 15 feet from the mid -point of the highest ridge line of the structure to the elevation of the uphill property line. If the uphill property line is not level, the city shall use the average elevation of the uphill property line for a basis of measurement. Variances to this view protection height limit shall be reviewed by the hearing examiner. Ordinance No. 028-10 Page 2 of 4 (3) Residential Zoning Districts Conditional Heights. Allowable building height may be increased up to 33 feet under a conditional use permit if, in addition to the requirements of this title, it is demonstrated that: (a) The view of adjacent land owners would not be significantly obstructed or reduced, and solar access of neighboring lots is not significantly reduced. A view shall be considered significantly obstructed or reduced if 30 percent or more of the view to any view corridor from a primary living area is blocked. (b) The maximum allowable structure height shall be 33 feet, provided the maximum building height is not exceeded. SECTION R. Port Orchard Municipal Code Section 16.20.0702 is hereby amended as follows: 16.20.702 VPOD — Commercial building and structure height limitations. (1) Commercial Zoning Districts Permitted Heights. The maximum allowable building height in commercial zoning districts (Co, Mxd, Eo, and Cf) shall be 27 feet. (2) Measurement. Buildings within the VPOD shall comply with the following height restrictions: Building height shall not exceed a measurement of 27 feet from the mid- point of the highest ridge line of the structure to the elevation of the uphill property line. If the uphill property line is not level, the city shall use the average elevation of the uphill property line for a basis of measurement. (3) Commercial Zoning Districts Conditional Heights. Allowable building height may be increased up to 39 feet, to a maximum height of 48 feet, under a conditional use permit if, in addition to the requirements of this title, it is demonstrated that: (a) The view of adjacent land owners would not be significantly obstructed or reduced (a view shall be considered significantly obstructed or reduced if 30 percent or more of the view to any view corridor from a primary living area is blocked or, in the case of a commercial structure, from an office or public space); (b) Fire flow is adequate; (c) No unstable slopes or soils are on the building site; and (d) Solar access of neighboring lots is not significantly reduced Ordinance No. 028-10 Paee a of a SECTION d. The Port Orchard Municipal Code Title 16 "Land Use Regulatory Code" Chapter 16.30 is hereby amended as shown in Exhibit A attached hereto and incorporated by this reference. SECTION s. The Port Orchard City Council adopts the findings, conclusions, and recommendations of Planning Commission Resolution PC 002-10 as shown in Exhibit B attached hereto and incorporated by this reference. SECTION 6. Savings Clause. The sections of the Port Orchard Municipal Code referenced in Sections 1 through 4, above, of this Ordinance, and which are amended by this Ordinance, shall remain in force and effect until the effective date of this Ordinance. SECTION. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 8. This ordinance shall be in full force and effect five (5) days after posting and publication as required bylaw. A summary of this Ordinance maybe 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 14th day of December 2010. ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Rob Putaansuu, Councilmember Chapter16.30 GENERAL LAND USE REQUIREMENTS - TABLES Sections: 16.30.010 Establishment of uses. 16.30.020 Interpretation of land use tables. 16.30.030 Land Use Table 1— Government/Business Services. 16.30.040 Land Use Table 2 — General Services. 16.30.050 Land Use Table 3 — Manufacturing. 16.30.060 Land Use Table 4— Recreational/Cultural. 16.30.070 Land Use Table 5 — Regional. 16.30.080 Land Use Table 6—Residential. 16.30.090 Land Use Table 7 — Resource. 16.30.100 Land Use Table 8— Retail. 16.30.010 Establishment of uses. The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 16.30.020 Interpretation of land use tables. The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is located on the column and the specific use is located on the row of these tables. (1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. (2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this document. (3) If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures and general requirements specified in this document. (4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (5) If more than 1 letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the table. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. 16.30.030 —Table 1 Government /business services land uses (p=permitted, c=conditional, a=administrative permit required) v v E V V 0 N N N N N C N \ C 'C 'C a_ C O N O N v m U 7 W r-I N N I m C C C C C C 0! j, N N N N N N a o c E E v c v N V y U 9 U V U N D. U K u o m w 0 u Government services GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF * Public agency office c p c p p * Public agency yard p p * Public agency archives P p p 921 Court p 9221 Police facility p 9224 Fire facility p * Subregional utility c c c c c c c c c p * Minor communications facility p2 p2 p2 p2 p2 p2 p2 P2 p2 p p Business services 15-17 Construction and trade p3 p3 p Individual transportation and * taxi p 421 Trucking and courier service 0 c4 p Warehousing and wholesale * trade c p * Self-service storage c5 c5 c p 4221 Farm product warehousing p Farm product refrigeration and 4222 storage p * Log storage Water transportation of 44 passengers p8 p8 p8 P8 47 Transportation service p3 p3 p 48 Communication offices p3 p3 p3 p * General business service p a10 p p * Professional office p a p p 7312 Outdoor advertising service p3 p 735 Miscellaneous equipment rental c p 751 Automotive rental and leasing p p 752 Automotive parking c a9 a9 a9 a9 p P Professional sport 7941 teams/promoters p3 p3 p3 p Research, development and 873 testing pl p1 p p Heavy equipment and truck * repair p Commercial/industrial accessory * uses p6 p6 p * Helipad c c c p7 Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research. 2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone. 3: Limited to office use. 4: Limited to SIC industry number 4215-Courier Services, except by air. 5: Accessory to a multifamily development of at least 12 units provided: a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings. b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property. c: The use of the facility shall be limited to the occupant's household goods. d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment. e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals. f: No residential occupancy of the storage units. g: No business activity other than rental of storage units by occupants. h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility. 8: Subject to conditional approval when additional parking is required. 9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed 10: Permitted Uses within SIC code is subject to provisions identified below: a: SIC codes 7311-7313, 7319,7323,7336,7338, 7371-7376,7379 are Permitted uses, limited to office, desktop design, & desktop graphic work. All other activities must be off -site. No onsite retail sales. b: SIC Codes 7322, 7361, 7363, 7383, require administrative approval and are limited to office activities only. c: SIC Codes 7331, 7334, 7335, 7342, 7349, 7352, 7353, 7359, 7377, 7378, 7381, 7382, 7384, & 7389 are not permitted uses. Other SIC codes under the 73 general category, if not specifically identified in 10a or 10b above, are not permitted uses. 16.30.040 — Table 2 General services land uses (p=permitted, c=conditional, a=administrative permit required) v v w v v u u E m M o m N N L C L v C C N Y C �C O E 1 4? I m o N > is m m is t0 d N v E, J v a a v E E w y 72 m v n l7 K CL K K K K V O m 2 w 0 V Personal services GB RMH R4.5 R8 R12 R20 CO BP Mxd CIF 72 General personal services p p 7216 Dry cleaning plants 7218 Industrial launderers F- 7261 Funeral home/crematory c c c c c p3 Cemetery, columbarium or * mausoleum P * Daycare p p5 p5 p5 p5 p5 p P5 p p * Veterinary clinic p4 p4 p4 753 Automotive repair pl c1 p1 c 754 Automotive service p c p * Marina -boat repair p p p 762/3 Misc repair-electrical/electronic p p p 764/9 Misc repair-furniture/welding c c p 83 Social services p2 a p2 p p2 * Stable c c * Kennel or tottery c c f c 866 Churches, synagogue, temple c c c c P Health services 801-4 Office/patient clinic c p p p p Nursing and personal care 805 facilities c p p p 806 Hospital p 807 Medical/dental lab p p p p p 808-9 Miscellaneous health p c p p Education services Elementary or middle/junior * high c c c c p * Secondary or high school c c c c p * Vocational school c c c c p * Specialized instruction school c c c c p p p * School district support facility c c c c p c 8221-2 College/university c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except SIC industry group number 7534-Tire retreading, see manufacturing table. 2: Except SIC industry group N 835-Daycare and 836-Residential care - see residential land use table. 3: Only as an accessory to a cemetery. 4: No burning of refuse or dead animals is allowed. 5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required. 6: No kennel operations allowed. 16.30.050 — Table 3 Manufacturing land uses (p=permitted, c=conditional, a=administrative permit required) v v v V E V U M 10 N o \ \ H h d N L Y in a+ ✓ C _ � C C J J J C J 0 J o o 'M o a _ 6 E v o0 o N c > N a N N N W C C C C C N N E J w a v -Vo -22 v E m C v o. u E °1 v m v w v w E� '� E `.0 E U Manufacturing land uses GB RMH R4. R8 R12 R20 CO BP Mxd EO CIF 5 20 Food processing and kindred products cl cl p2,4 p2,4 p2 2082/5 Winery/brewery c c c c p 22 Textile mill products c 23 Apparel and other textile products c c p 24 Wood products except furniture c3 c3 p 25 Furniture and fixtures p4 p4 p 26 Paper and allied products c 27 Printing and publishing c c c c p AS I p I p 28 Chemicals and allied products c Petroleum refining and related 29 products c 30 Rubber and misc plastics c 31 Leather and leather goods p4 p4 c Stone, clay, glass and concrete 32 products p4 p4 p 33 Primary metal industries c 34 Fabricated metal products p p 35 Industrial and commercial machinery p 351-56 Heavy machinery and equipment p 357 Computer and office equipment c c p Electronic and other electric 36 equipment c c p 374 Railroad equipment c 376 Guided missile and space vehicle parts p 379 Miscellaneous transportation vehicles P Measuring and controlling 38 instruments p p p 39 Miscellaneous light manufacturing c4 c4 p Motor vehicle and bicycle * manufacturing c4 c4 p * Aircraft, ship and boat building c4 c4 p 7534 Tire retreading tEr—c I c 781-82 Movie production/distribution a6 c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum distance of 75 feet from property lines adjoining residential zones. 2: Except slaughterhouses. 3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills). 4: Permitted if within enclosed buildings and as an accessory use to retail sales. 5: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Codes 2711, 2721, 2741, 2761, 2771, 2796 require administrative approval and are limited to office activities only. b: SIC Codes 2731, 2732, 2752, 2754, 2759, 2782, 2789, & 2791 are not permitted uses. Other SIC codes under the 27 general category, if not specifically identified in 5a above, are not permitted uses. 6: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Code 7819 requires administrative approval and are limited to office activities only. b: SIC Codes 7812, 7822, 7829, 7832, 7833, & 7841 are not permitted uses. Other SIC codes under the 78 general category, if not specifically identified in 6a above, are not permitted uses. 16.30.060 — Table 4 Recreational/cultural land uses (p=permitted, c=conditional, a=administrative permit required) m v v w u u E u u a m _ O N a m C •C _ E 0 J J o o m O a C E E C C C C C y ip T J a v a E c 72 w w E VIV1 N E V •V1 x 2 V `1 (D K O. d' K K K V O M W O V Park and recreation GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF * Park c c c c c c c C c c pl * Trail p p p p p p p p p p p * Campground c * Destination resort c c c * Marina p c p p * Recreational vehicle park c2 c2 Amusement/entertainment 7832 Theater p3 p3 p3 7833 Theater, drive-in c 79 Miscellaneous Amusements c c c 792 Plays/theatrical production c3,6 p3 p3 p3 793 Bowling center p c * Sports club c p p p p * Golf facility p4 7999 Golf driving range p4 Shooting range - guns and * firearms c * Archery range c c c * Adult entertainment facilities c3 * Amusement arcades p p c p Cultural 823 Library p5 p5 p5 p5 p5 p C p c p 841 Museum p5 p5 p5 p5 p C P c p 842 Arboretum c ]p5 p C p c p * Conference center c P P c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Lighting for structures and fields shall be shielded and directed away from residential areas. 2: Recreational vehicle parks are subject to the following conditions and limitations: a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and c: Sewage shall be disposed in a system approved by the Kitsap County Health Department. 3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational classes for minors. 4: Lighting shall be shielded and directed away from residential areas. 5: Only as an accessory to an historic site or building. 6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater. 16.30.070 — Table 5 Regional land uses (p=permitted, c=conditional, a=administrative permit required) v w v v v U V E u u o m _ o t + C N N E N C J U1 J J m O U C Y �N E V W .i a� LL O N C > N N N N N 'V d N N V C C C C C CN N j. V O NJ w 0 V Regional land uses GB RMH R4.5 R8 R12 R20 CO I BP Mxd EO CF * Jail c * Work release facility c Public agency animal control * facility c c * Public agency training facility c c * Hydroelectric generation facility c Non -hydroelectric generation * facility c c c c c c c c c c * Major communication facility c c c c c c c c c c * Earth station major c c c c c c c c c c * Energy resource recovery facility c c * Landfill c * Transfer station c p * Interim recycling facility p2 p2 p3 p2 * Wastewater treatment facility p * Municipal water production P * Airport/heliport c * Landing field c * Transit bus base c4 c4 c c * Transit park -and -ride lot c c c p * School bus base c c 7941 Stadium/arena c 7948 Racetrack c * Fairground c 8422 Zoo/wildlife exhibit cl cl Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except arboretum -see Recreational/cultural land use table. 2: Limited to drop box facilities 3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. 4: Bus storage only. 16.30.080 — Table 6 Residential land uses (p=permitted, c=conditional, a=administrative permit required) U m N v � U E U V @ @ O \ \ N N a v - C E @ @ Y N C C J J C J v J J @ O _ O E c @ T. @ @ @ C C C C C N N D E J N 4 N U W W E v E L o. u (D K O- K K K K U O Cow 0 U Dwelling units GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF * Single family detached p p p p p6 p * Single family attached p p p p * Multifamily p p c7 p * Mobile home park p * Houseboat c c c c Group residences * Senior citizen assisted a p p p c7 c c c Community residential facility- * CRF c c c c c * CRF-prisoner release c c * Dormitory c2 Accessory uses * Residential living quarters a3 a3 a3 p a a3 p * Home (cottage) industry a a a a4,5 a a * Home occupation a a a a AS a p * Home profession p p p p p p p p Temporary Lodging 7011 Hotel/motel p1 cl * Bed and breakfast c c c c c c p a p Organization hotel/lodging 7041 houses c c Note: All applicable requirements of this document, or other applicable state orfederal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except bed and breakfast. 2: Only as an accessory to a school, college/university, church or conference center. 3: Accessory dwelling units: a: Only one accessory dwelling per lot; b: The primary residence or the accessory dwelling unit shall be owner occupied; c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence; d: One additional off-street parking space is provided; and e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units ceases to be owner occupied. 4: No customers are allowed on site. 5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only. 6: Permitted with approval of a Planned Residential Development. 7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density) 16.30.090—Table 7 Resource land uses (p=permitted, c=conditional, a=administrative permit required) v v E O L N N a C o C J C J 'M l0 C N J V1 U ;a O J ✓1 n O o N o � N o �^ a C = •� E d e0 .ti N w I m � m m io ry M o a w w a aJ E c w n E t7 n o o v J m w o u Agriculture GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CF 01 cro6 Growing and harvesting ps p c c c 181 Greenhouses and nurseries c c5 c5 c5 Raising livestock and small 02 animals p7 c c c Forestry Growing & harvesting forest 08 products p * Forest research p p2 p2 p2 Fish and wildlife management 921 Hatchery/fish preserve pl 273 Aquaculture p1 * Wildlife shelters p c3 Mineral 10-13 Mineral extraction 14 Mining and quarrying c 32 Processing of minerals c4 c4 c Asphalt paving mixtures and 2951 blocks c p Resource accessory uses * Resource accessory uses c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: May be further subject to the provisions of the Shoreline Management Program. 2: Only forest research conducted within an enclosed building. 3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements. 4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity. 5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet. 6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals. 7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater corridors. 16.30.100 —Table 8 Retail land uses (p=permitted, c=conditional, a=administrative permit required) v v U U E V U (0 N _ E O to ro N N 9 ro L N H .E ✓ C _ v C N Y N C C ❑ p C j U1 O vt O N O E v oo EW a -a -a s2CL o u kMxd Retail land uses GB RMH R4.5 R8 R12 R20 CO 8P EO CIF 5271 Mobile home sales c P Building, hardware and garden materials p p * Forest products sales c p * Department and variety stores p p 54 Food stores p p p2 * Agricultural crop sales c3 c3 * Motor vehicle dealers p c P 553 Auto supply store p4 p4 p 554 Gasoline service station p c p 555 Boat dealers p c p 56 Apparel and accessory stores p p * Furniture and home furnishing stores p p 58 Eating and drinking places p6 p6 a2,6 * Adult entertainment facilities p5,6 * Drug stores p p c2 592 Liquor stores p P 593 Used goods: antiques/secondhand shops p p 594 Miscellaneous shopping goods p p * Book, stationery, video and art supply p6 p6 * Monuments, tombstones and gravestones p p * Bulk retail p c * Auction houses c c c 598 Fuel dealers p7 p7 p * Pet shop p p P2, 6512 Banks and financial services p 8 P c Petroleum 2911 1 Petroleum refining c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only hardware and garden materials shall be permitted. 2: Limited to 25% of gross floor area up to 4,000 square feet. 3: a: Limited to products grown on -site; and b: Covered sales area shall not exceed 1,000 square feet. 4: Only the sale of new or reconditioned automobile supplies is permitted. 5: Excluding SIC industry number 5813-Drinking places. 6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors. 7: Limited to office use. 8. Drive through not permitted CITY OF PORT ORCHARD PLANNING COMMISSION 1.1 *191 Uj 11610It ►19 IT01 5 [rl A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION REVISING THE CITY OF PORT ORCHARD TITLE 16: LAND USE REGULATORY CODE LAND USE TABLES FOR BUSINESS PROFESSIONAL ZONE AS SHOWN ON "EXHIBIT A". WHEREAS, on December 91h, 2008, by Ordinance No. 042-08, the Port Orchard City Council approved the 2008 Port Orchard Comprehensive Plan Update which created the Business Professional zone within the Commercial Retail -Office Comprehensive Plan Designation; and WHEREAS, on December 22nd, 2009, by Ordinance No. 010-09, the Port Orchard City Council amended the Port Orchard Municipal Code Title 16 Land Use Regulatory Code to make provision for permitted uses within the Business Professional zone; and WHEREAS, at the direction of the City Council, the Port Orchard Planning Commission has undertaken a comprehensive review of Port Orchard Municipal Code Title 16 Land Use Tables in order to permit certain uses within the Business Professional zone; and WHEREAS, the Planning Commission held a public meeting on January 251h, 2010, which meeting was properly noticed and open to the public, with continued discussions on February 22nd 2010, March 15'h, 2010, April 191h, 2010, and May 17`h, 2010, to prepare recommendations for code revisions to the Land Use Tables 16.30.030 — 100 in Title 16 Land Use Regulatory Code as shown in "Exhibit A"; and WHEREAS, after considering input from Planning Commission members and the public, the Planning Commission finds that the Land Use Regulatory Code serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the Planning Commission also finds that the Land Use Regulatory Code is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.70A RCW; now, therefore, WHEREAS, Following timely and effective notice, on May 17`h, 2010, the Planning Commission completed deliberations in regards to the proposed changes for Title 16, Land Use Regulatory Code as shown in attached "Exhibit A". FINDINGS The Port Orchard Planning Commission makes the following findings regarding the amendments to Port Orchard's Land Use Regulatory Code: 1. A public meeting was held on January 25`h, 2010, with continued discussions on February 22nd March 15`h, April 191h, and May 171h, 2010, on the proposed updates to Title 16 Land Use Regulatory Code Land Use Tables 16.30.030 -100. 2. During the public meeting verbal testimony was heard in regard to the revisions of Title 16 Land Use Regulatory Code Land Use Tables 16.30.030 -100. 3. During the comment period, written comments were received and are attached herein. 4. The Planning Commission reviewed and discussed comments received, and recommended to forward to City Council certain revisions to the City Council for review and consideration. �ZOL[4LLIMUSIM 1. The Planning Commission has deliberated the merits of the proposed revisions to Title 16 Land Use Regulatory Code Land Use Tables 16.30.030 — 100 shown in attached "Exhibit A". 2. The Planning Commission forwards to the City Council this resolution with a recommendation for approval for the revisions to Title 16 as shown in attached "Exhibit A". 3. The Planning Commission has determined that the proposed revisions to Title 16 are consistent with the goals and policies of the 2008 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVEDTHAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the attached revisions to the Port Orchard Municipal Code. PASSED by the Planning Commission of the City of Port Orchard this 17`h day of May, 2010. b- " - B kAshby,PlanningCommissi nChairman ATTEST: ?e. �: aver, City Development Director WestSound Engineering, Inc. January 27, 2009 Thomas Bonsell, Assistant Planner City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Parcell Number 032301-1-016-2005, 1914 Pottery Avenue Dear Mr. Bonsell, 217 Wilkins Drive S.W. Port Orchard, Washington 98366-4741 1360) 876-3770 • Fax: 1360) 876-0439 On behalf of Pottery LLC, I want to thank you for the City's excellent work to update the comprehensive plan. It is my understanding, that as a result of this update, the above referenced parcel has the commercial designation of business professional. This letter is our request for the City to consider an additional land use for this designation. The recently completed building located on the adjacent parcel, 1922 Pottery Avenue, has been leased to a drug and alcohol counseling business, newly established in the City of Port Orchard. At this facility they provide a one -month program for clients to overcome their addiction. The clients are housed in single family homes located in the area and are transported daily to this facility for education and training. The owner would like to house some of their clientele on site. A new facility would be built on this parcel to provide individual bedrooms, a cafeteria, gym, and possibly a swimming pool. It is my understanding that this land use would fall under the classification of "residential care" SIC ft8361. Currently this land use is allowed by conditional use permit in residential zones. We propose that this use be allowed in the professional business zone for the following reasons. 1. Retail Use: The business professional zone designation is intended to limit the amount, size and type of retail uses. This particular use would generate little or no retail sales. 2. Traffic: There would be less daytime traffic, even less than typical office use, for the amount of building square footage. Clientele are not allowed to drive. Traffic would be limited to the staff and occasional deliveries. 3. Major Employment Centers: Although this use would not directly support the major employment centers identified in the comprehensive plan, it is compatible with the hospital, urgent care and group health business located in the area. 4. Housing these clients in a controlled environment is better than housing them in detached single family residences scattered throughout the area. As the City deliberates changes to the land use table, we request consideration of the residential care use for the professional business zone classification. Attached is a sketch of the above -mentioned parcels with the current approved site plan. Please contact me for any questions. Sincerely Craig ',Baldwin, P.E. Copy: Jake Barth Enc. - Site Plan n\qm\\\\,\ \{ ( \� .� 0 c /2 July 14, 2009 To the Members of the City Council of Port Orchard: I heard the city is updating the fee structure for Home Occupation permits. I hope I'm not too late to voice my suggestions. I am a cosmetologist and I would like to have a small salon in my home. I meet all the laws established for the State of Washington Cosmetology concerning licensing for a home salon business. These laws are to protect the public and salons are inspected every year. With annual license fees, salon insurance and a CPA to figure the taxes, one must be serious about wanting to do business in their home. I feel it is a privilege and as a tax paying citizen it is important to me to be in good standing. I love living in Port Orchard and I feel it is important not to disturb the integrity of our neighborhoods. I want to be a good neighbor. I do meet all the requirements the city ask, however, when considering fees, I ask you to please have mercy on the single person wanting a small business, no employee's, no sign, just a small private appointment only one -chair salon with a small budget trying to make a living. I did call Gig Harbor City Planner to ask what their fees and rules were for a home business. • They have a $50 fee, plus your city business license. • As with Port Orchard all work such as plumbing, electrical or re -model must be done by a bonded professional and of course any permit fees required by the city needed for installation. • They do not allow any signs or landscaping to resemble a business, basically they said, "if someone is standing in front of your home, it should look like a home, smell like a home and feel like a home." However, I think a small tasteful sign say Ift byl ft would not take away the integrity of a neighborhood. Again I would like to thank -you for your consideration. Could you please contact me if there is a date for public input at the City Council meetings? Sincer y c l� Diana McConaghy 924 Sidney ave. Port Orchard, WA 98366 360-876-0921 BRIDGEPORT DAFFODIL, LLC MARC ISLAM 2601 Cherry Ave., Suite 300 HILARY HARTER Bremerton, WA 98310-4203 Managers Phone & Fax: (360) 373-0453 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 November 23.2009 I represent Bridgeport Daffodil, LLC, which acquired the Cedar Heights g Professional Center at 1950 Pottery Ave, towards the Southern edge of the Hospital Benefit District. I would like to submit the following comments for the public hearing scheduled for November 24, 2009: I reviewed the draft LURC with some dismay as it pertains to our building, specifically the exclusion of Day Care. As you know, re- b. zoning a building from Commercial to "Business Professional" further restricts the types of businesses that can exist in our location. I Our building is very well suited for a day care, and we have been t- pursuing leasing opportunities along those lines. This new designation wss al!4 excludes day cares with more than 6 children. 3 1950 $ E Pottery '''E To make matters worse, Day Cares are not even conditionally permitted AVE a Comment As you move away towards the periphery of the Hospital District, the LURC should consider the needs of both the employers and employees of that district and mark those pertinent services as conditional, at the very least. Ideally, I would like to see our property zoned as "Commercial - retail and offices." Other services that could benefit the Hospital District, but which are prohibited under the `Business Professional" zoning include: Day Care, General Personal Services, Sports Club, Eating and Drinking Places. I'm sure there are others. The LURC should not exclude services that benefit the largest employer in the area as long as they meet with the vision of this new designation. I would also like to bring to the council's attention that it was the recommendation of the planning department to include Day Cares under the "Business Professional" designation. That usage was removed by the planning commission for reasons not known to me. Thank you for the opportunity to comment on the draft LURC. Sincerely, Marc Islam, Manager Bridgeport Daffodil, LLC K. Franklin Tweten Received /t t 8216 Warren Dr. �"1 Gig Harbor WA. 98335 DEC p 8 2009 Mayor Larry Cappola, Port Orchard City Council C®uncil Meeting The business community of Port Orchard. 216 Prospect Street Port Orchard WA. 98366 To the respected Council and the City Officials of Port Orchard, On 11/24/2009 I attended a city council meeting, with many items on the agenda. My concerns have to do with the Chapter 16 Land Use Regulatory Update. The first sentence of the Executive Summary reads to accommodate the efficient and equitable processing of development applications. The second sentence states the inclusions of public officials and the citizens. I was a citizen and property owner in one of the effected rezones. I attended many meetings. My comments are nowhere in the voluminous draft. After many hours of reading, studying the effects of its language I have a few concerns. The majority of the 134 pages are very accurate, however eight pages need adjustments. They have to do with permitted uses. Balance is needed; with out a balance of uses developments don't work as planned. As I understand the new Business Professional zoning, it's at face value promoting business and professional office space. However restrictions of whom and what type of business and professional are entitled to use the spaces are almost discriminatory, we can have a doctor of medicine but no doctor of veterinary. It doesn't allow a sub regional utility to locate a billing facility, an internet office not allowed. Engineers, architects, building designers, contractors, no record storage for the neighboring businesses and general business services not allowed. Professional offices need an administrative permit, what do we need that kind of beaucarcey in the way of entrepreneurial spirit. This document is meant to hold the door open for business and office users. A business of advertising can't use the space, research and development offices not allowed. General personal services not allowed, no physical therapy in area of two hospitals? A specialized school can't rent space. Colleges/ universities can't hold classes in the area. Food processing and kindred products not allowed, a coffee shop with fresh baked goods. Computer and office equipment can't do business in the business/ professional zone. We aren't allowed a connective trail or park setting in the area. No library, museum or conference center allowed. No public agency can rent space for training. No office space for major communications company. We can have single family detached homes, multifamily not allowed, how about letting workers live close to their work. Forest research office not allowed. Eating and drinking places not allowed, we put the cars back on the road for another trip everyday. Pharmacies, banks and financial services can't do business in our Professional/ Business District. We can have a bed and breakfast business. In summary there is a tremendous amount of good work in this proposal, it defines how and where the building are going to be built and how they will look. The new design of Tremont with its boulevard and roundabouts changes the character of Port orchard in its self. controlling traffic. It is the responsibility of our city to promote the entrepreneurial spirit and not tie the hands of professional and business people trying to locate their new business or relocate there existing business in our new business/ professional district. With out a balance of businesses, business services and like minded people, the area won't develop as intended. We need balance. We need to balance eight pages of this wonderful draft. The new road design for Tremont Street will dictate what types of businesses want to rent space in the area. The city council needs to open the restrictions put in place by the planning commission. Some of the discrepancies are of discriminatory nature. Port Orchard is a city on the grow, I'm asking for the tools to do business in the area where I own land and a building but can't do business. Right turns in and out don't attract the types of business that line the sidewalks of Wheaton Way. A retail center lined with strip malls will not accrue in the area. Respectfully submitted, .Fran in ten j� TO: James Weaver/ Port Orchard Planning Commission FROM: James and Paulette Colebank 1519 Roland Avenue Port Orchard, WA 98366 DATE: 03/15/2010 SUBJECT: Continents on Business Professional Zoning BACKGROUND: We requested and were approved to be in the Business Professional Zoning classification. The zoning was approved by the City Council with the caveat that the description would be reviewed for possible changes. DISCUSSION: Let me begin by saying that we believe the Planning Commission has the best interests of the city at heart and we respect the work you do. There aren't many citizens who would volunteer their time and effort without a lot of appreciation. We want the entry to Port Orchard to be a benchmark in beauty and functionality. We do not want a Wheaton Way or a South Tacoma Way in Port Orchard. We understand that fast food places, tire centers, bail bondsman, tattoo parlors or heavy equipment rental centers would not be in keeping with the goal, With that said, our understanding of the wording of the current zoning seems to be too restrictive. We acknowledge that a zoning statement can never cover every possible use, but we firmly believe that the wording should allow for future interpretation and flexibility! One example, as we understand it, is that under the current Business Professional Zoning, Wet Apple Publishing would no longer be allowed in the zone. We believe that Wet Apple Publishing is an excellent example of what might be allowed in the Business Professional zone. The business doesn't have a lot of traffic; it is neat and well kept and doesn't require a lot of city attention. Other examples could be an insurance agent building, architect, a corner deli, a CPA, medical equipment rentals or small pharmacies. The City of Port Orchard relies on funding provided by businesses. If the Business Professional Zoning definition is too restrictive, revenue for the city will be lost. We believe that it would be nice but an unrealistic plan to restrict the zoning to only medical related businesses. RECOMMENDATION: Make the Business Professional Zoning definition flexible, appealable, and revenue supporting for the City of Port Orchard. Thank you for liste 'ng, )IJ m & Paulette Colebank EXHIBIT A Res. No. 002-10 Chapter16.30 GENERAL LAND USE REQUIREMENTS - TABLES Sections: 16.30.010 Establishment of uses. 16.30.020 Interpretation of land use tables. 16.30.030 Land Use Table 1— Government/Business Services, 16.30.040 Land Use Table 2— General Services. 16.30.050 Land Use Table 3 — Manufacturing. 16.30.060 Land Use Table 4— Recreational/Cultural. 16.30.070 Land Use Table 5 — Regional. 16.30.080 Land Use Table 6— Residential. 16.30.090 Land Use Table 7— Resource. 16.30.100 Land Use Table 8— Retail. 16.30.010 Establishment of uses. The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 16.30.020 Interpretation of land use tables. The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is located on the column and the specific use is located on the row of these tables. (1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. (2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this document. (3) If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures and general requirements specified in this document. (4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (5) If more than 1 letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the table. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. EXHIBIT A Res. No. 002-10 16.30.030—Table 1 Government /business services land uses (p=permitted, c=conditional, a=administrative permit required) v w N v v V V E U U O N m ♦+ C t Y .E _ C O N O J O O O O E p u m c C C C C C N j E J a a a E E v -moo y -moo w v o. K a C K K K V O w 0 V NJ (.7 Government services GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF * Public agency office c p c p p * Public agency yard p p * Public agency archives P p p 921 Court p 9221 Police facility p 9224 Fire facility p * Subregional utility c c c c c c c c c p * Minor communications facility p2 p2 p2 p2 p2 p2 p2 p2 p2 p p Business services 15-17 Construction and trade p3 p3 p Individual transportation and * taxi p 421 Trucking and courier service 0 0 p Warehousing and wholesale trade c p * Self-service storage c5 c5 c p 4221 Farm product warehousing p Farm product refrigeration and 4222 storage p * Log storage Water transportation of 44 passengers p8 p8 p8 p8 47 Transportation service p3 p3 p 48 Communication offices p3 p3 p3 p * General business service p alo p p * Professional office p a p p 7312 Outdoor advertising service p3 p 735 Miscellaneous equipment rental c p 751 Automotive rental and leasing p In 752 Automotive parking c a9 a9 a9 a9 p p Professional sport 7941 teams/promoters p3 p3 p3 p Research, development and 873 testing p1 pl p p Heavy equipment and truck * repair p Commercial/industrial accessory * uses p6 p6 p * Helipad c c I c p7 EXHIBIT A Res. No. 002-10 Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research. 2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone. 3: Limited to office use. 4: Limited to SIC industry number 4215-Courier Services, except by air. 5: Accessory to a multifamily development of at least 12 units provided: a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings. b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property. c: The use of the facility shall be limited to the occupant's household goods. d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment. e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals. f: No residential occupancy of the storage units. g: No business activity other than rental of storage units by occupants. h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility. 8: Subject to conditional approval when additional parking is required. 9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed 10: Permitted Uses within SIC code is subject to provisions identified below: a: SIC codes 7311-7313, 7319,7323,7336,7338, 7371-7376,7379 are Permitted uses, limited to office, desktop design, & desktop graphic work. All other activities must be off -site. No onsite retail sales. b: SIC Codes 7322, 7361, 7363, 7383, require administrative approval and are limited to office activities only. c: SIC Codes 7331, 7334, 7335, 7342, 7349, 7352, 7353, 7359, 7377, 7378, 7381, 7382, 7384, & 7389 are not permitted uses. Other SIC codes under the 73 general category, if not specifically identified in 10a or 10b above, are not permitted uses. EXHIBITA Res. No. 002-10 16.30.040 —Table 2 General services land uses (p=permitted, c=conditional, a=administrative permit required) v v E V U N (p _ j N C C (p Y C C p p = C J N a 3 o a m O a O N O N CI E a co ,� r� ,v Z o m m m To m V E C C C C C E N a a E y U Y 72 V V C W O- (D K O. K K K K V o m w 0 V Personal services GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF 72 General personal services p p c 7216 Dry cleaning plants p 7218 Industrial launderers p 7261 Funeral home/crematory c c c c c Fp3Cemetery, columbarium or mausoleumDaycare p p5 p5 p5 p5 p5 p p5 p p * Veterinary clinic p4 p4 p4 753 Automotive repair pl cl pl c 754 Automotive service p c p * Marina -boat repair p p p 762/3 Misc repair-electrical/electronic p p p 764/9 Misc repair-furniture/welding I c I I c p 83 Social services a p2 p p2 Stable c c Kennel or cattery c Jp2 c 866 Churches, synagogue, temple c c c cc p Health services 801-4 Office/patient clinic c p p p p Nursing and personal care 805 facilities c p p p 806 Hospital p 807 Medical/dental lab p p p p p 808-9 Miscellaneous health p c p p Education services Elementary or middle/junior * high c c c c p * Secondary or high school c c c c p * Vocational school c c c c p * Specialized instruction school c c c c p p p * School district support facility c c c c p c 8221-2 College/university c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except SIC industry group number 7534-Tire retreading, see manufacturing table. 2: Except SIC industry group N 835-Daycare and 836-Residential care - see residential land use table. 3: Only as an accessory to a cemetery. 4: No burning of refuse or dead animals is allowed. 5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required. 6: No kennel operations allowed. EXHIBIT A Res. No. 002-10 16.30.050 — Table 3 Manufacturing land uses (p=permitted, c=conditional, a=administrative permit required) v v U v v U V EU U- S H N C p 3 3 O O O O a E V 06 I O ate. V io io m m C E V, j, E y a a a a c v oE - cvi C7 ¢ a ¢ ¢ K o m w o V u Manufacturing land uses GB RMH R4. R8 R12 R20 CO BP Mxd EO CIF 5 20 Food processing and kindred products c1 cl p2,4 p2,4 p2 2082/5 Winery/brewery c c c c p 22 Textile mill products c 23 Apparel and other textile products c c p 24 Wood products except furniture c3 c3 p 25 Furniture and fixtures p4 p4 p 26 Paper and allied products c 27 Printing and publishing c c c c p a p p 28 Chemicals and allied products c Petroleum refining and related 29 products c 30 Rubber and misc plastics c 31 Leather and leather goods p4 p4 c Stone, clay, glass and concrete 32 products p4 p4 p 33 Primary metal industries c 34 Fabricated metal products p p 35 Industrial and commercial machinery I I p 351-56 Heavy machinery and equipment p 357 Computer and office equipment c c p Electronic and other electric 36 equipment c c p 374 Railroad equipment c 376 Guided missile and space vehicle parts p 379 Miscellaneous transportation vehicles p Measuring and controlling 38 instruments p p p 39 Miscellaneous light manufacturing c4 c4 p Motor vehicle and bicycle * manufacturing c4 c4 p * Aircraft, ship and boat building c4 c4 p 7534 Tire retreading c L781-82 Movie production/distribution c a6 c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum distance of 75 feet from property lines adjoining residential zones. 2: Except slaughterhouses. 3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills). 4: Permitted if within enclosed buildings and as an accessory use to retail sales. EXHIBIT A 5: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Codes 2711, 2721, 2741, 2761, 2771, 2796 require administrative approval and are limited to office activities only. b: SIC Codes 2731, 2732, 2752, 2754, 2759, 2782, 2789, & 2791 are not permitted uses. Other SIC codes under the 27 general category, if not specifically identified in 5a above, are not permitted uses. 6: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Code 7819 requires administrative approval and are limited to office activities only. b: SIC Codes 7812, 7822, 7829, 7832, 7833, & 7841 are not permitted uses. Other SIC codes under the 78 general category, if not specifically identified in 6a above, are not permitted uses. EXHIBITA Res. No. 002-10 16.30.060 —Table 4 Recreational/cultural land uses (p=permitted, c=conditional, a=administrative permit required) v w E V V N N - O \ \ h V m L C ,C y C .� M N m O 'O 0 To m To To W U N N U N E E w v y v a v c v n U° o mJ w o U° Park and recreation GB RMH R4.5 R8 R12 R2o CO BP Mxd EO CIF * Park c c c c c c c c c c pl * Trail p p p p p p p p p p p * Campground c * Destination resort c c c * Marina p c p p * Recreational vehicle park c2 c2 Amusement/entertainment 7832 Theater p3 p3 p3 7833 Theater, drive-in c 79 Miscellaneous Amusements c c c 792 Plays/theatrical production c3,6 p3 p3 p3 793 Bowling center p c * Sports club c p p p p Golf facility p4 7999 Golf driving range p4 Shooting range - guns and firearms c * Archery range c c c * Adult entertainment facilities c3 * Amusement arcades I p p c p Cultural 823 Library p5 p5 p5 p5 p5 p c p c p 841 Museum p5 p5 p5 p5 p5 p c p c p 842 Arboretum c p c p c p * Conference center c P P c P Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Lighting for structures and fields shall be shielded and directed away from residential areas. 2: Recreational vehicle parks are subject to the following conditions and limitations: a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and c: Sewage shall be disposed in a system approved by the Kitsap County Health Department. 3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational classes for minors. 4: Lighting shall be shielded and directed away from residential areas. 5: Only as an accessory to an historic site or building, 6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater. EXHIBIT A Res. No. 002-10 16.30.070—Table 5 Regional land uses (p=permitted, c=conditional, a=administrative permit required) w w v v U V E u u m m E C S N N � � _ N G G Y — O .4 E a o6 I O H G T N ro N m m d N a+ E C C C C C N j. 'O Y .2 'O 17 'O E U ,C ry d U N K U O m W O U Regional land uses GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF * Jail c * Work release facility c Public agency animal control * facility c c * Public agency training facility c c * Hydroelectric generation facility c Non -hydroelectric generation * facility c c c c c c c c c c * Major communication facility c c c c c c c c c c * Earth station major c c c c c c c c c c * Energy resource recovery facility c c * Landfill c * Transfer station c p * Interim recycling facility p2 p2 p3 p2 * Wastewater treatment facility p * Municipal water production p * Airport/heliport c * Landing field c * Transit bus base c4 c4 c c * Transit park -and -ride lot c c c p * School bus base c c 7941 Stadium/arena c 7948 Racetrack c * Fairground c 8422 Zoo/wildlife exhibit cl cl Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except arboretum - see Recreational/cultural land use table. 2: Limited to drop box facilities 3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. 4: Bus storage only. EXHIBIT A Res. No. 002-10 16.30.080 —Table 6 Residential land uses (p=permitted, c=conditional, a=administrative permit required) v v w v v u u E O N t ✓ C C C p C U n O N O rvj O E v co .i ry m O N m io m m � a v .� E j. J E E pCj V y, U U -O V u y O- chi % N N U) N UI N O 3 E� O U O M w 0 U Dwelling units GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CF * Single family detached p p p p p6 p * Single family attached P p p p * Multifamily p p c7 p * Mobile home park p * Houseboat c c I c c Group residences * Senior citizen assisted a p p p c7 c c c Community residential facility- * CRF c c c c c * CRF-prisoner release c c * Dormitory c2 Accessory uses * Residential living quarters a3 a3 a3 p a a3 p * Home (cottage) industry a a a a4,5 a a * Home occupation a a a a a4,5 a p * Home profession p p p p p p p p Temporary lodging 7011 Hotel/motel pl * Bed and breakfast c c c c c c p a Organization hotel/lodging nc 7041 houses c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except bed and breakfast. 2: Only as an accessory to a school, college/university, church or conference center. 3: Accessory dwelling units: a: Only one accessory dwelling per lot; b: The primary residence or the accessory dwelling unit shall be owner occupied; c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence; d: One additional off-street parking space is provided; and e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units ceases to be owner occupied. 4: No customers are allowed on site. 5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only. 6: Permitted with approval of a Planned Residential Development. 7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density) EXHIBIT A Res. No. 002-10 16.30.090 — Table 7 Resource land uses (p=permitted, c=conditional, a=administrative permit required) v v E O \ N N @ v N C C N N O vi O ri O v O -O - E v � ,� N !0 (0 (0 (0 w w w v v E c o E v a ` v o a v v V v v Q V K O m 2 w 0 U U Agriculture GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CF 01 Growing and harvesting crops p6 c c c 181 Greenhouses and nurseries c c5 c5 c5 Raising livestock and small 02 animals p7 c c c Forestry Growing & harvesting forest TT 08 products p * Forest research p p2 p2 p2 Fish and wildlife management 921 Hatchery/fish preserve pl 273 Aquaculture pl * Wildlife shelters p c3 Mineral 10-13 Mineral extraction 14 Mining and quarrying c 32 Processing of minerals c4 c4 c Asphalt paving mixtures and 2951 blocks c p Resource accessory uses * Resource accessory uses c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: May be further subject to the provisions of the Shoreline Management Program. 2: Only forest research conducted within an enclosed building. 3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements. 4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity. 5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet. 6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals. 7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater corridors. EXHIBIT A Res. No. 002-10 16.30.100 — Table 8 Retail land uses (p=permitted, c=conditional, a=administrative permit required) v U U) v v V U M v N N N O 17 _ N E C5 v ro ,Ili . I p LL c m m 0 m M a v N Y w C C C C C C W N T J n a a E E w -moo Y -,moo C w n u U ¢ a ¢ z W m w o u Retail land uses GB RMH R4.5 R8 R12 R20 CO BP Mxd EO CIF 5271 Mobile home sales c p * Building, hardware and garden materials p pl p * Forest products sales c p * Department and variety stores p p 54 Food stores p p p2 * Agricultural crop sales c3 c3 * Motor vehicle dealers p c p 553 Auto supply store p4 p4 p 554 Gasoline service station p c p 555 Boat dealers p c p 56 Apparel and accessory stores p p * Furniture and home furnishing stores p p 58 Eating and drinking places p6 p6 a2,6 * Adult entertainment facilities p5,6 * Drugstores p p c2 592 Liquor stores p p 593 Used goods: antiques/secondhand shops p p 594 Miscellaneous shopping goods p p * Book, stationery, video and art supply p6 p6 * Monuments, tombstones and gravestones p p * Bulk retail p c * Auction houses c c c 598 Fuel dealers p7 p7 p * Pet shop p p p2, 6512 Banks and financial services p 8 p c Petroleum 2911 1 Petroleum refining c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1:Only hardware and garden materials shall be permitted. 2: Limited to 25% of gross floor area up to 4,000 square feet. 3: a: Limited to products grown on -site; and b: Covered sales area shall not exceed 1,000 square feet. 4: Only the sale of new or reconditioned automobile supplies is permitted. 5: Excluding SIC industry number 5813-Drinking places. 6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors. 7: Limited to office use. 8. Drive through not permitted 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 7E Meeting Date: December 14, 2010 Subject: Adoption of Resolution No. o45-to, Approving the McCormick Village Park Master Plan and Preferred Alternative Prepared by: James R. Weaver Development Director Atty Routing No: 154-10 Atty Review Date: December 7, 2010 Summary: This Resolution is related to the selection of a preferred alternative for the McCormick Village Park and for the adoption of the McCormick Village Park Master Plan document. Jones and Jones Landscape architects were the primary design consultants and have done an excellent job of putting the communities' goals and objectives for the new park to paper. The Master Plan document is the product of a collaborative effort between subcommittee members and the general public, through diligent involvement in the development of goals and a vision for the park, while acknowledging the realities of both fiscal limitations and land form constraints. This plan was considered in a public hearing conducted by City Council at the November 30, 2010 Council meeting. The Port Orchard Planning Commission also conducted a public hearing for comments on October 18, 2010 and unanimously approved PC Resolution 005-10 recommending approval to the City Council of the McCormick Village Park Preferred Alternative and for the McCormick Village Park Master Plan Document. City planning staff believes that the preferred alternative is an accurate reflection of community input and clearly depicts the consideration and effort reflected in the subcommittee meetings and public comments provided throughout the park planning process. Recommendation: Adopt Resolution No. 045-10, adopting the McCormick Village Park Master Plan and the Preferred Alternative. Motion: I move to adopt Resolution No. 045-1o, approving the McCormick Village Park Master Plan and the Preferred Alternative identified in said Plan. Fiscal Impact: None Alternatives: Do not adopt the McCormick Village Park Master Plan and Preferred Alternative. Attachments: Resolution No. 045-io, Adopting McCormick Village Park Plan McCormick Village Park Master Plan Document Planning Commission Resolution No. 005-10 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 045-10 Development Director Development Director Development Director December 14, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE MCCORMICK VILLAGE PARK MASTER PLAN AND PREFERRED ALTERNATIVE WHEREAS, the City Council has undertaken a comprehensive review of the draft McCormick Village Park Master Plan and preferred alternative in order to guide McCormick Village Park development in the McCormick Woods annexation area; and WHEREAS, the City Council held a public hearing on November 30, 2010 which meeting was properly noticed and open to the public, to review or amend the draft McCormick Village Park Master Plan as shown in "Exhibit A'; and WHEREAS, after considering input from the Planning Commission, Park Sub - Committee, Port Orchard City staff, and members of the public, the City Council finds that the McCormick Village Park Master Plan serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the McCormick Village Park Master Plan is consistent with the goals and policies of the City's Comprehensive Parks Plan; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Port Orchard City Council adopts by reference the findings and conclusions of Planning Commission Resolution PC 005-10; and FURTHER THAT: The Port Orchard City Council adopts the McCormick Village Park Master Plan and the Preferred Alternative described in the Plan, as set forth in the attached Exhibit A. 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 14th day of December 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 005-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION AMENDING THE PORT ORCHARD COMPREHENSIVE PLAN TO INCLUDE THE MCCORMICK VILLAGE PARK MASTER PLAN AS SHOWN ON "EXHIBIT A". WHEREAS, the Planning Commission has undertaken a comprehensive review of the draft McCormick Village Park Master Plan amendment to the Port Orchard Comprehensive Plan in order to guide McCormick Village Park development in the McCormick Woods annexation area; and WHEREAS, the Planning Commission held a public hearing on October 18"', 2010 which meeting was properly noticed and open to the public, to review or amend the draft McCormick Village Park Master Plan Comprehensive Plan Amendment as shown in "Exhibit A'; and WHEREAS, after considering input from Planning Commission members and the public, the Planning Commission finds that the McCormick Village Park Master Plan serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the Planning Commission also finds that the McCormick Village Park Master Plan is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.70A RCW; now, therefore, WHEREAS, Following timely and effective notice, on October 18, 2010 the Planning Commission closed the Public Hearing and deliberated in regards to the proposed changes for City's Comprehensive Plan as shown in attached "Exhibit N'. FINDINGS The Port Orchard Planning Commission makes the following findings regarding the policy and text amendments to the McCormick Village Park Master Plan: 1. On October 18, 2010 a public hearing was held on the proposed draft McCormick Village Park Master Plan amendment to the Comprehensive Plan. 2. During the public hearing verbal testimony was heard in regards to the draft McCormick Village Park Master Plan. 3. During the comment period, written comments were received and are attached herein. 4. The Planning Commission reviewed and discussed comments received, and recommended to forward to the City Council all technical and clerical comments received regarding the draft McCormick Village Park Master Plan for Council review and consideration. CONCLUSIONS 1. The Planning Commission has deliberated the merits of the proposed draft McCormick Village Park Master Plan shown in attached "Exhibit A". 2. The Planning Commission forwards to the City Council this resolution with a recommendation for approval of the draft McCormick Village Park Master Plan shown in attached "Exhibit X. 3. The Planning Commission has determined that the proposed revisions to the Port Orchard Comprehensive are consistent with the goals and policies of the 2008 Comprehensive Plan. 4. The Planning Commission forwards to the City Council this resolution with a recommendation for the Preferred Alternative as recommended by the McCormick Village Subcommittee for implementation and recommendation to the City Council. NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the attached McCormick Village Park Master Plan amendment to the Port Orchard Comprehensive Plan. PASSED by the Planning Commission of the City of Port Orchard this 18th day of October, 2010. Bek Ashby, Planning Com sion C airman ATTEST: Jar Weaver, City Development Director 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: Adoption of Ordinance No. 029-10, Approving the 2o10 Amendments to the Port Orchard Comprehensive Meeting Date: December 14, 2010 Prepared by: James R. Weaver Development Director AttyRouting No: 155-10 Atty Review Date: December 8, 2010 Summary: A public hearing was conducted earlier this evening for the 2010 City of Port Orchard Comprehensive Plan Amendments. The Growth Management Act (GMA), RCW 36.7oA states, as a general rule, each city that plans under the GMA may amend its comprehensive plan no more frequently than once every year These site -specific and city-wide amendments were developed in consideration of the goals of the GMA for the development of local comprehensive plans, as codified at RCW 36.7oA.020, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. These amendments were developed from and are consistent with the Kitsap Countywide Planning Policies (CPPs). The following items are the proposed changes for consideration to the Port Orchard Comprehensive Plan: 1) Coy Rezone and Site Specific Comprehensive Plan Change: Comprehensive Plan Amendment request for a zoning designation of Business Professional and a Comprehensive Plan Designation of Commercial, for property located at 1710 Pottery Avenue. 2) Update of Zoning and Comprehensive Land Use Maps. The 2010 annexation of Geiger II, South Sidney and additional smaller 2010 annexations required the update to the City of Port Orchard zoning and comprehensive Land Use Maps to accommodate the changes to the incorporated city limits. 3) Appendix G: Update of Associated Plans Adopted by Reference. The update of partner utility district capital facilities plans, City capital facilities plans, school district capital facilities plans, and parks plans for areas that have been annexed, are documented and referenced in the 2olo annual Comprehensive Plan update. The Port Orchard Planning Commission unanimously passed PC Resolution 007-10 and PC Resolution oo8-10 recommending support of the above 2010 updates to the Port Orchard Comprehensive Plan. The attached Ordinance 028-10 accommodates both Planning Commission recommendations and adopts the 2010 updates to the Port Orchard Comprehensive Plan. Recommendation: Adopt Ordinance No. 029-1o, amending the Port Orchard Comprehensive Plan. Motion for consideration: I move to adopt Ordinance No. 029-ro, amending the Port Orchard Comprehensive Plan. Fiscal Impact: None Alternatives: Do not approve Ordinance No. 029-10. Attachments: Ordinance No. 029-10, City of Port Orchard 2010 Comp Plan Update Staff Report Business Item 7F Page 2 of 2 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: December 14, 2010 Adopted: ORDINANCE NO. 029-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE 2olo AMENDMENTS TO THE PORT ORCHARD COMPREHENSIVE PLAN PURSUANT TO THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT WHEREAS, with the passage of the Washington State Growth Management Act in 1990 (GMA), Chapter 36.7oA RCW, developing communities are required to adopt a comprehensive plan that outlines strategies to accommodate the needs of a growing population. It is intended for this comprehensive plan to be updated to reflect the changes in growth and boundaries of that growth including changes to zoning; and WHEREAS, in December 20o8, the City Council adopted, via Ordinance 042-o8, a major update to the Comprehensive Plan for the City of Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA; and WHEREAS, State law requires that each city planning under the GMA must periodically review, and, if needed, revise its comprehensive plan and development regulations to ensure compliance with the GMA; and WHEREAS, the City of Port Orchard seeks to be in compliance with the goals, policies, and procedures of the Growth Management Act; and WHEREAS, pursuant to the GMA, non -emergency amendments to a comprehensive plan can be considered no more than once each year; and WHEREAS, both site -specific and city-wide amendments have been submitted to the City for its consideration; and WHEREAS, the City of Port Orchard has actively sought citizen input utilizing several public informational media, including stakeholder and subcommittee group meetings, flyers, press releases and newspaper articles, in addition to the regularly noticed public meetings and public hearings; and WHEREAS, Port Orchard issued an Environmental Checklist, signed on September ro, 2010, pertaining to the 2oto amendments to the Port Orchard Comprehensive Plan; and Ordinance 029-10 Page 2 of 3 WHEREAS, On September 17, 2olo, a Determination of NonSignificance was issued for the adoption of the 2010 amendments to the Port Orchard Comprehensive Plan. The appeal period closed at 4:30 PM on October 1, 2olo, and no appeals were filed; and WHEREAS, On October 12, 2010, Port Orchard issued proposed 2olo amendments to the Port Orchard Comprehensive Plan. The document was posted on the CityofPortOrchard.us web page and made available to the public and agencies; and WHEREAS, On October 12, 201o, notice of all 2olo amendments to the Comprehensive Plan was sent to the Washington State Department of Commerce at least sixty days before the amendments were adopted, in accordance with RCW 36.7oA.1o6; and WHEREAS, after proper notice, the Port Orchard Planning Commission conducted a public hearing on Monday, November 15, 2010, in accordance with RCW 35.63.100, considered public testimony, and after discussion and deliberation recommended approval of the proposed 2010 Comprehensive Plan amendments. WHEREAS, after proper notice, the Port Orchard City Council conducted a public hearing on Tuesday, December 14, 2olo and considered public testimony regarding the proposed 2olo amendments to the Port Orchard Comprehensive Plan; and WHEREAS, the City Council finds the proposed 2010 amendments as set forth in this ordinance are consistent with the Port Orchard Comprehensive Plan the Countywide planning policies, and the goals and policies of the Growth Management Act; and WHEREAS, the City Council finds the cumulative effects of the proposed 2010 amendments is not significant and the 20ro amendments will not adversely affect public health, safety, or welfare in any significant way; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. In support of the actions taken in this ordinance, the City Council hereby adopts as its own the following findings and conclusions: t. The recitals set forth above; 2. The findings, conclusions, and analysis set forth in Planning Commission Resolution No. 007-10 and the findings and conclusions set forth in the Hearing Examiner's Recommendation dated August 18, 201o, attached as Exhibit A, regarding the Coy site - specific land use re -designation and rezone request; and Ordinance 029-10 Page 3 of 3 3. The findings and conclusions set forth in Planning Commission Resolution No. oo8-1o, attached as Exhibit B regarding the city-wide amendments. SECTION 2. The City Council hereby amends the text and map of the Port Orchard Comprehensive Plan by approving and adopting the following: 1. The re -designation of the Coy property located at 1710 Pottery Avenue from the comprehensive land use designation of Low Density Residential to Commercial and from the R4.5 zone to the Business Professional zone, as depicted in Exhibit C. 2. The revisions to the Comprehensive Plan text and Land Use and Zoning Maps as set forth in Planning Commission Resolution No. oo8-1o, attached as Exhibit B and depicted in Exhibit C. SECTION a. The 2010 Comprehensive Plan text and map amendments, zoning designations, and appendices shall be effective January 1, 2011. SECTION a. If any sentence, section, provision, or clause of this ordinance or its application to any person, entity or circumstance is for any reason held invalid or unconstitutional, the remainder of the ordinance, or the application of the provision to other persons, entities, or circumstances is not affected. SECTION r,, . This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of December 2010. ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Councilmember, Rob Putaansuu l r 7 E l t a I U O Ey ++ W = U m 2 g pp d m E a < < v m m E V ►� rem ;�'� Appendix G: Plans Adopted by Reference Appendix G.0 Plans Adopted by Reference Port Orchard Comprehensive Plan Draft Update: October 2010 Appendix G: Plans Adopted by Reference PLAN OR DOCl1NENT City of Port Orchard 2009 Comprehensive Sanitary Sewer Plan Update City of Port Orchard 2009 Sidney / Pottery Corridor Plan South Kitsap School District 2010 - 2015 Capital Facilities Plan West Sound Utility District / Joint Wastewater Treatment Facility 2009 Capital Facilities Plan City of Port Orchard 2008 Water System Plan City of Port Orchard: 2008 Comprehensive Parks Plan 2006 Kitsap County Comprehensive Plan 10-Year Update Kitsap County 2006 Port Orchard/South Kitsap Sub -Area Plan City of Port Orchard 2005 Economic Development Plan Kitsap County 2003South Kitsap UGA/ULID#6 Sub -Area Plan 8: EIS Downtown Port Orchard: 1999 Suggestions for Revitalization City of Port Orchard 1998 Pedestrian Plan City of Port Orchard 1994 Shoreline Master Program City of Port Orchard 1994 Ross Creek Comprehensive Management Plan City of Port Orchard 1994 Capital Facilities Plan City of Port Orchard 1992 Tremont Corridor Specific Plan City of Port Orchard 1987 Blackjack Creek Comprehensive Management Plan City of Port Orchard 2010 McCormick Village Park Plan Port Orchard Comprehensive Plan Draft Update: October 2010 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 007-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING APPROVAL OF THE 2010 AMENDMENT, REQUESTED BY KIM COY, TO THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN. WHEREAS, The Growth Management Act (GMA), RCW 36.70A requires that each city planning under GMA must periodically review, and, if needed, revise their comprehensive plans and development regulations every seven years to ensure compliance with the Growth Management Act; and WHEREAS, with the passage of the Washington State Growth Management Act in 1990, developing communities are required to submit a comprehensive plan that outlines strategies to accommodate the needs of a growing population. It is intended for this comprehensive plan to be updated to reflect the changes in growth and boundaries of that growth including changes to zoning; and WHEREAS, in December 2008, the City of Port Orchard has adopted a Comprehensive Plan update to the June 1995 Comprehensive Plan to satisfy the requirements set forth in the Growth Management Act to implement the goals and objectives of the City's Comprehensive Plan; and WHEREAS, the City of Port Orchard seeks to be in compliance with the goals, policies, and procedures of the Growth Management Act; and WHEREAS, Kim Coy, submitted a timely request for an amendment to the City of Port Orchard Comprehensive Plan for a property at 1710 Pottery Avenue to a Land Use Designation of Commercial and seeks to be in compliance with the goals, policies, and procedures of the Growth Management Act; and WHEREAS, after proper notice, The Port Orchard Planning Commission conducted a public hearing on Monday, November 15th, 2010 and considered public testimony to review, discuss, and deliberate on the proposed draft Comprehensive Plan amendment. Planning Commission Resolution 007-10 Page 1 of 3 THE PLANNING COMMISSION OF THE CITY OF PORT ORCHARD, WASHINGTON, MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE PORT ORCHARD COMPREHENSIVE PLAN. 1. This amendment was developed in consideration of the goals of the GMA for the development of local comprehensive plans, as codified at RCW 36.70A.020, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. 2. This amendment was developed from and is consistent with the Kitsap Countywide Planning Policies (CPPs). 3. The Planning Commission bases its finding and conclusions on all the testimony, oral or written, and exhibits submitted to the Commission. Any finding that should be deemed a conclusion, and any conclusion that should be deemed a finding, is hereby recommended as such. 4. The Planning Commission has considered the following criteria consistent with the Port Orchard Municipal Code and makes the following findings; a. Circumstances in Port Orchard have substantially changed since the adoption of the 2008 Comprehensive Plan; b. The applicant has requested a Comprehensive Plan designation change fof the site located at 1710 Pottery Avenue. c. During the testimony in front of the Hearing Examiner the applicant is requesting a concurrent zoning designation of Business Professional. d. Business Professional zoning is a transitional zoning designation between Residential and Commercial and is appropriate for the site. e. New information is available that was not considered in the adoption of the 2008 Comprehensive Plan; f. The proposed amendment is consistent with or supports other plan elements and/or development regulations. g. The proposed amendment reflects the goals, objectives, and policies of the Comprehensive Plan; h. The proposed amendment is consistent with the Countrywide Planning Policies; and i. The proposed amendment is compliant with the requirements of the Growth Management Act. BASED UPON THE FOREGOING FINDINGS THE PLANNING COMMISSION HEREBY; 1. The Port Orchard Planning Commission approved a motion to recommend approval to the City Council of the 2010 Kim Coy, fn: CA35-10, Port Orchard Comprehensive Plan change request for the parcel at 1710 Pottery Avenue. Update dated November 15, 2010; Planning Commission Resolution 007-10 Page 2 of 3 CONCLUSIONS Conclusions: The Planning Commission finds that the proposed change to the Comprehensive Plan, including revisions approved at the November 15, 2010 Planning Commission meeting, is consistent with the objectives of the City's Comprehensive Plan. A recommendation from the Hearing Examiner supporting either Commercial or Business Professional Zoning was issued on August 18th, 2010. In support and in addition to the recommendation of approval for zoning by the Hearing Examiner, the Planning Commission considered the appropriate zoning for the transition between Commercial and Residential designations and recommended that Business Professional (BP) would be the most appropriate for the site; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the City Council approve and certify the Kim Coy, fn: CA-35- 10, Comprehensive Plan Amendment request for the City of Port Orchard, the Planning Commission recommends to the City Council that a zoning designation of Business Professional be applied to the parcel as well as a Comprehensive Plan Designation of Commercial, concurrent with this Comprehensive Plan Amendment. PASSED by the Planning Commission of the City of Port Orchard this 15th day of November, 2010. ATTEST: Weaver, City Development Director L)"- - LIUL:I- 1 Bek Ashby, Chairman Planning Commission Resolution 007-10 Page 3 of 3 BEFORE THE HEARING EXAMINER FOR THE CITY OF PORT ORCHARD In the Matter of the Application of ) Kim Coy ) For Approval of a Rezone ) AUG 18 2010 No. R-1173 CITY OF PORT ORCHARD PLANNING DEPARTMENT Coy Rezone FINDINGS, CONCLUSIONS, AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends that the City Council APPROVE the request for a rezone from R 4.5 to either Commercial or Business Professional for a 0.68-acre parcel located at 1710 Pottery Avenue, in Port Orchard, Washington. SUMMARY OF RECORD Request: Kim Coy, Conner Hearing Aid Clinic, requests a rezone of a 0.68-acre parcel from R4.5 to Commercial. The property is located at 1710 Pottery Avenue, in Port Orchard, Washington. Hearing Date: The Hearing Examiner held an open record hearing on the request on August 5, 2010. Testimony: The following individuals presented testimony under oath at the open record hearing: Tom Bonsell, City Planner James Weaver, Planning Director Attorney David Horton represented the Applicant at the hearing. Exhibits: The following exhibits were admitted into the record: 1. Pre -Application letter, dated January 4, 2010 2. Application submittal, including the following documents: A. Application, dated June 7, 2010 B. Contact Information, dated June 7, 2010 C. Legal description D. Project narrative, dated June 7, 2010 E. Property owners list verification, map, and mailing list, dated June 7, 2010 F. SEPA Checklist Findings, Conchisions, and Recommendation City of Poi( Orchard Hearing Examiner Coy Rezone, No. R-117.3 Page I of]] G. Statement addressing decision criteria H. Site Plan I. Vicinity Map J. Site photos 3. Kitsap County Property Report and Parcel Map, dated June 9, 2010 4. Application transmittal letter, dated June 10, 2010 5. Notice of complete application, Determination of completeness, dated June 15, 2010 6. Comments from South Kitsap Fire & Rescue — Greg Rogers, dated June 23, 2010 7. Notice of Application — SEPA Threshold Determination, dated June 25, 2010 8. Affidavit of publication: NOA/SEPA threshold determination, dated June 25, 2010 9. Affidavit of mailing & posting: NOA/SEPA threshold determination, dated June 25, 2010 10. Record of distribution to Agencies: NOA/SEPA Threshold Determination and SEPA Checklist, dated June 25, 2010 11, Determination of Nonsignificance, dated July 13, 2010 12. Record of distribution to Agencies and Interested Parties: DNS, dated July 13, 2010 13. Acknowledgement letter from CTED: receipt of DNS, dated July 13, 2010 14. Affidavit of publication: Bearing notice, dated July 23, 2010 15. Affidavit of mailing and posting: Hearing notice, dated July 23, 2010 16. Staff report, prepared for August 5, 2010 hearing The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS Kim Coy (Applicant), owner of Conner Hearing Aid Clinic, requests a zone reclassification (rezone) of a 0.68-acre parcel from R 4.5 to Commercial. The property is located at 1710 Pottery Avenue, in Port Orchard, Washington.' Exhibit 2.A; Exhibit 2.D; Exhibit 2.G; Exhibit 16, Staff Report, page 1. 2. The City of Port Orchard (City) accepted the rezone application on June 9, 2010, and transmitted notice of the application to relevant agencies on June 10, 2010. The City determined that the rezone application was complete on June 15, 2010. On June 25, 2010, the City (nailed notice of the application and threshold environmental determination to owners of property surrounding the subject property; posted notice on the subject property; and published notice of the application in the Port Orchard Independent. On July 23, 2010, the City posted notice of the open record hearing associated with the application; mailed notice to surrounding property holders in accordance with City ordinances; and published notice of the hearing in the Port Orchard The subject property is identified by tax parcel numbers 342401-4-028-2007. Exhibit 2.A; Exhibit 2.C; Exhibit 16, Staff Report, page /. A legal description is included with the rezone application. ExhibitIC. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-l173 Page 2 of i l Independent. Exhibit 4; Exhibit 5; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10; Exhibit 14; Exhibit 15; Exhibit 16, Staff Report, pages 2 and 5. The City acted as lead agency to analyze the environmental impacts of the proposed rezone, as required by the State Environmental Policy Act (SEPA). After review of the Environmental Checklist and other information on file, the City determined that with compliance with federal, state, and local regulations, the rezone would not have a probable significant adverse impact on the environment. The City issued a Determination of Nonsignificance (DNS) on July 13, 2010. City Planner Tom Bonsell testified that City did not receive any comments or appeal of the DNS. Exhibit 11; Exhibit 12; Exhibit 16, Staff Report, pages 2 and 5; Testimony of Mr. Bonsell. 4. The property is currently zoned R 4.5, as are surrounding properties to the north and west. Properties to the east are zoned R 8. Properties to the south are zoned Commercial. The City's Comprehensive Plan designates the subject property and surrounding properties to the north and west as Low Density Residential. Properties to the east are designated Medium Density Residential. Properties to the south are designated Commercial. Properties to the north, east, and west are developed with single-family residences. Properties to the south are developed with commercial uses and health care services. Exhibit 2. A; Exhibit 2/D, Exhibit 2.G; Exhibit 3; Exhibit 16, Staff Report, pages 2 and 5; See also City Comprehensive Plan Tremont Corridor Land Use Map. The current R 4.5 zone allows for development at a density of up to 4.5 dwelling units per net usable acre.2 The primary purposes of the R-4.5 zone are to "(a) Provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area; and (b) Implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy." Port Orchard Municipal Code (POMC) 16.13.120(I). The Applicant submitted a Project Narrative describing the proposed use as a hearing aid clinic. The City Staff Report classifies the proposed use as "office/patient clinic." This use is not permitted within the R 4.5 zone. POMC 16.30.040; Exhibit 2. D; Exhibit 16, Staff Report, pages I and 4. 6. The purpose of the Commercial (Co) zone is to "provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving the Port Orchard and surrounding market areas and offering significant employment opportunities." POW 16.13.150(1). These purposes are accomplished by "Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas." POW 16.13.150(2)(a). The Co zone is appropriate where designed by the comprehensive plan when such areas are '' Net usable site area is defined as "the total site area less sensitive environinental features (equal to gross useable site area) and dedications as these areas are defined elsewhere in this code " POW 16.40.040. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 3 of 11 served by adequate public sewers, water supply, roads, and other needed public facilities and services; and where "Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads." POW 16.13.150(3). The Co zone mandates maximum lot coverage of 85 percent, and minimum landscaping coverage of 15 percent. The Co zone requires a ten -foot wide street right-of-way setback, and a five-foot wide setback from adjacent residential zones and from adjacent nonresidential zones. The City Code does not specify a minimum lot size for the Cc zone. POMC 16.40.025. The proposed hearing aid clinic, classified as "office/patient clinic" is a permitted use in the Co zone, as are other health services, including nursing and personal care facilities, medical/dental lab, and miscellaneous health. Hospitals are not permitted in the Co zone. POW 16.30.040; Exhibit 16, Staff Report, pages 4 and 5. Government/business service land uses pennitted in the Co zone include construction and trade; transportation service; automotive rental and leasing; research, development and testing; and commercial/industrial accessory uses. POW 16.30.030. General services land uses permitted in the Co zone include daycare; veterinary clinic; automotive and boat service and repair; and health services. POMC 16.30.040. Manufacturing land uses permitted in the Co zone include food processing; furniture and fixtures; printing and publishing; and fabricated metal products. POMC 16.30.050. Recreational and cultural land uses are permitted in the Cc zone, including theaters; bowling centers; and amusement arcades. POW 16.30.060, Hotels/motels, bed and breakfasts, and accessory residential living quarters are permitted residential land uses in the Co zone. POMC 16.30.0K A wide range of retail land uses are also permitted in the Co zone. POW 16.30.100. In addition to the permitted land uses, a wide range of land uses are allowed as a conditional use or with an administrative permit. POW 16.30.030 - .100. 8. City Planner Mr. Bonsell testified that the Business Professional zone might be more appropriate to the property. Testimony of Mr. Bonsell. The purpose of the Business Professional (BP) zone "differs from general commercial designations in that business professional limits the amount, size and type of retail uses. This designation is intended to support major employment centers such as Harrison Hospital and surrounding hospital/medical district and the Kitsap County administration campus, while serving as a transition with adjacent residential neighborhoods" POW 16.13.200(/). The purposes of the BP zone are accomplished by "providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas." POW 16.13.200(2)(a). The BP zone is appropriate where designated by the comprehensive plan; where areas are provided safe vehicle, transit, bicycle, and pedestrian access; and where traffic management is required. POMC 16.13.200(3). Attorney David Horton spoke on behalf of the Applicant to agree that the BP zone could be an appropriate zone for the subject property. Statement of Mr. Horton, Findings, Conclusions, and Recommendation Cio, of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 4 of l l 9. Chapter 36.70A Revised Code of Washington (RCW) mandates that zoning classifications should be consistent with Comprehensive Plan designations. Mr. Bonsell testified that the City Council will review the Applicant's request to amend the Comprehensive Plan designation as part of a docket of Comprehensive Plan amendments. He explained that the rezone would not be approved if the City Council does not approve the Comprehensive Plan change by the end of the year 2010. Testimony of Mr. Bonsell. 10. According to the December 2009 Final Comprehensive Plan, the economic centers of the City provide centralized retail, professional office facilities, tourist and related services. The commercial zoning designation provides the most comprehensive list of uses that support the goals and policies of not only economic sections of the Comprehensive plan and also supports a portion of the housing goals by providing the framework for creation of affordable housing units. The Commercial Comprehensive Plan designation includes zoning designations of Mixed -use, Commercial and Business Professional. City Comprehensive Plan, Land Use Element (December 2009). 11. The City Staff Report states that proposed rezone would be consistent with the Comprehensive Plan goals and policies, and with the City's long-term Comprehensive Plan direction. Exhibit 16, Staff Report, pages 2 and 4. Planning Director James Weaver testified that in 2008, the surrounding area was designated Commercial, along with an overlay area for intensive development. The intent was to locate health care services in the same area. However, Sunset Lane residents objected to a change in the Comprehensive Plan designation. Testimony qf Mr. Weaver. Sunset Lane West runs east / west to the north of Clay Lane. The Sunset Lane residential area is now surrounding by commercial and business professional zones to the north and south. Harrison Hospital lies to the north of Tremont Street West, north of Sunset Lane West, and is on property designated Community Facility. See, City Comprehensive Plan, Tremont Corridor District Land Use Map. Thus, the residential area is now an island which will become commercial as ownership changes or in 2012, when the Comprehensive Plan review is scheduled. Mr. Weaver testified that the transition to a commercial zone is consistent with the Comprehensive Plan goals and policies for the Tremont area, where the subject property is located. Mr. Weaver identified Tremont Corridor Overlay District Goal 14 and Policy POLU-61 as particularly relevant to the rezone request. Testimony of Mr. Weaver. 12. City Comprehensive Plan Land Use Element Goal 14 for the Tremont Corridor Overlay District encourages development within the area that supports the major hospital and medical installations (Harrison Hospital and Group Health) and assists the emergency response agencies in the corridor (South Kitsap Fire District). Policy POLU61 encourages professional and office uses that support the medical industry and create pedestrian oriented health care focus. City Comprehensive Plan, Chapter 2: Land Use, page 2-28. Findings, Condasions, and Reconunendolion 00, of Pori Orchard Hearing Erarniner Coy Rezone, No. R-1173 Page 5 of I 13. Clay Street runs east / west along the northern property boundary. Pottery Avenue runs north / south along the eastern property boundary. The property is developed with a single-family residence, a garage, a covered storage area, and a gravel parking area. No changes to the existing structure are proposed. The Applicant would provide five parking spaces, including handicapped access parking, as described in the proposed site plan. Mr. Bonsell testified that adequate parking would be provided on the site. The Applicant anticipates that two people would work in the proposed hearing aid clinic. There are no critical areas on -site. Exhibit 2.D; Exhibit 2.F; Exhibit 2.H; Exhibit 3; Testimony of Mr. Bonsell. 14. City Planner Mr. Bonsell testified that landscaping is necessary to buffer adjacent residential uses from the proposed use. The Applicant would provide a landscaping plan in conformance with POMC Section 16.50.100 prior to approval of a Certificate of Occupancy.3 Exhibit 16, Staff Report, page 5; Testimony of Mr. Bonsell. 15. Greg Rogers, Fire Prevention Manager, wrote a letter to Mr. Bonsell, dated June 23, 2010, in response to the proposed rezone. The letter included comments and stipulations regarding any future construction and requiring final inspection of the property prior to ' POMC 16.50.100 provides that: (1) Perimeter landscaping along interior lot lines and between zones shall be as provided within Table 16.50296, Landscape Design Requirements. Perimeter landscaping may be modified where appropriate by the planning director to account for aboveground subregional utility developments and distribution or transmission corridors or other utilities and infrastructure. (2) Urban buffers shall be landscaped based on the extent to which the activity is to be screened from adjacent uses in accordance with the categories identified below. However, common standards applied to all buffer areas include: (a) Within the landscape buffer areas about the property, particularly along secondary access roads and around parking lots that do not abut the public pedestrian walkway or trail corridors, site plantings should be grouped to simulate natural stands and should not be planted symmetrically or of even spacing- (b) Landscape designs should reflect natural planting materials and settings that are representative of the local and regional landscape. (c) Where practical and feasible, buffer areas should retain existing larger trees and vegetation to maintain continuity with adjacent greenways and natural areas. (d) Within higher density residential developments, buffers or open spaces may be grouped into common open space areas that define building placements, provide visual accents, preserve landscape or landform features, or house common activity areas. (3) Urban Buffers with Filtered Screening. Urban buffers to be filter screened are the perimeter landscape areas provided between nonresidential land uses within the commercial (Co), mixed use (Mxd), employment (Eo), and community facilities (Cf) zones. These buffers shall function as a visual separator between uses within these zones. The plant materials and design may mix evergreen and deciduous trees and shrubs to create a filtered screen effect. (4) Urban Buffers with Full Screening. Urban buffers to be fully screened are the perimeter landscape areas provided between residential and nonresidential zones. These buffers shall function as a visual barrier to obscure views of incompatible activities and improvements. The plant materials and design may include a mix of primarily evergreen trees and shrubs to form an effective full screen effect. Findings. Conclusions, and Recotnntendalion City of Pot Orchard Hearing Eamniner Coy Rezone, No. R-1173 Page 6 of I I issuance of a Certificate of Occupancy. The City Staff Report states that future development on the property would be reviewed for compliance with the City code and development standards, including stormwater, parking, and other requirements. Exhibit 6; Exhibit 16, Staff Report, pager 3 and 4. 16. The Applicant's Environmental Checklist states that the proposed use would not result in an increased need for public services, and that no utility construction is required. Exhibit 2.F. The Applicant addressed the rezone criteria, stating that approving the rezone would allow a business that would contribute to public health and welfare and would provide a necessary service to the community as a whole. Exhibit 2.G. 17. Mr. Bonsell testified that the area where the property is located is in transition from residential to commercial uses. Harrison Hospital is nearby to the north, and the area will eventually become a commercial zone. Properties in the area have been sold for health care purposes. Mr. Bonsell noted that Sunset Lane to the north is a truly active residential area that wishes to remain residential. Property owners to the east and west are not opposed to the Comprehensive Plan amendment to Commercial designation. An office complex with health services lies to the south of the property. The City Staff Report describes Harrison Hospital as an anchor for health care uses. The area contains numerous health clinic and health services. Adjacent property to the south contains two buildings leased to doctors, eye clinics, and dentists. Mr. Bonsell testified that the property feels like a commercial zone, in which single-family residential use is unusual. Exhibit 16, Slaff Report, page 3; Testimony of Mr. Bonsell. 18. Mr. Horton testified for the Applicant that the property was purchased at the time the Commercial designation was proposed. He noted that there has been no opposition to the rezone of the subject property, as it is located adjacent to property zoned Commercial. Testimony of Mr. Horton. Mr. Bonsell testified that the Planning Department considered the proposed rezone to be consistent with City criteria. The Planning Department recommends approval of the proposed rezone. Exhibit 16, Staff Report, page S; Testimony of Mr. Bonsell. CONCLUSIONS Jurisdiction The City of Port Orchard Hearing Examiner has jurisdiction to hold a hearing on rezone applications that are not part of the Comprehensive Plan Amendment process. Based on the evidence in the record, the Hearing Examiner may recommend that the City Council approve, approve with modifications, or deny the application. Port Orchard Municipal Code (POMC) 2.76.080, POMC 2.76.100; POMC 1.76.110; POMC 16 01.02](3). When reviewing a rezone application, the Hearing Examiner does not review development proposals. Rather, the role of the Hearing Examiner is to review the rezone request to ensure compliance with the rezone criteria found in POMC 16.25.060. The City Council then reviews Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 7 of/1 the Hearing Examiner's recommendation in a closed record hearing to ensure that no mistakes have been made by the Hearing Examiner. An `open record hearing" is defined as a "hearing, conducted by the (tearing examiner that creates the City's official record through testimony and submission of evidence and information." POMC 16.08.520. In contrast, the closed record hearing to be held by the City Council does not allow for the submittal of new evidence or testimony. See POMC 16.08.138. If the City Council determines that no mistake has been committed by the Hearing Examiner, the City Council would likely approve the Hearing Examiner's recommendation. If the Council amends or rejects the findings of the Hearing Examiner, it should do so only with specific reference to exhibits or testimony in the record that support the rejection or amendment. If the Council believes a mistake was made in a conclusion, it is suggested the Council also review the underlying support for that conclusion to determine specifically how it fails to provide support. Conclusions should only be modified or rejected if the reference in support of the conclusion fails to provide substantial evidence in support of the conclusion. Criteria for Review Port Orchard Municipal Code (POMC) 16.25.060 sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: (1) The reclassification is substantially related to the public health, safety, or welfare; and (2) The reclassification is warranted because of changed circumstances or because of a need for additional property in the proposed land use zone classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and (3) The subject property is suitable for development in general conformance with zoning standards under the proposed zoning classification; and (4) The reclassification will not be materially detrimental to uses or property in the immediate vicinity of the subject property or incompatible with such uses; and (5) The reclassification has merit and value for the community as a whole; and (6) The reclassification is in accord with the comprehensive plan; and (7) The reclassification complies with all other applicable criteria and standards of the Port Orchard Municipal Code. P0A11C 16.25.060. Either substantially changed conditions or a substantial relationship to public health, safety, or welfare, may alone justify a rezone. Although community opposition maybe considered, it may not be the underlying reason for denial of a rezone. Parkridge v. Seattle , 89 Wn.2d 454, 573 P.2d 359 (1978). Proof of changed circumstances are not required for a rezone if the proposed rezone and associated development implement policies contained in the comprehensive plan. Bjarnson v. Kiisap County, 78 Wn. App. 840 (Div.1, 1995), Henderson v. Kittilas County, 124 Wn. App. 747 (Div. 111, 2004). Property may be rezoned consistent with the comprehensive plan even Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 8 of I I when the ordinance implementing the comprehensive plan amendment allowing the proposed use has not yet been adopted. Homeowners Ass'n v. Cloninger & Associates, 151 Wn.2d 279 (2004). Conclusions 1. The rezone is substantially related to the public health, safety, or welfare. The City provided appropriate notice of the rezone application and associated open record hearing. The proposed rezone would allow for development with a broad range of uses to support the nearby hospital and health care services, in compliance with the City Comprehensive Plan goals and policies for the Tremont Corridor. The City Council will review the potential impacts of an increased range of uses with review of the Commercial land use designation. The proposed rezone will be consistent with the Comprehensive Plan assuming the City Council adopts the requested amendment. Property may be rezoned consistent with the comprehensive plan even when the ordinance implementing the comprehensive plan amendment allowing the proposed use has not yet been adopted. Homeowners Assn v. Cloninger & Associates, 151 Wn.2d 279 (2004). The City analyzed the potential environmental impacts of the proposed rezone, and determined that it would not result in probable significant adverse environmental impacts. Any future development of the property would be reviewed for compliance with City requirements, including transportation, fire safety, public utilities, erosion control, and stormwater drainage standards. Findings 2, 3, 6, 8, 12, and 16. 2. The rezone is warranted because of changed circumstances. The Applicant, City Planner, and City Staff Report all describe the subject property as located in an area of transition from residential to commercial uses. Neighboring properties have been leased to health care clinics and services that support and complement Harrison Hospital to the north. City staff testified, and the Applicant agreed, that the Business Professional zone may be more appropriate to the subject property. The Commercial zone would allow the broadest mix of retail, service, office, and commercial recreation/cultural uses. The Business Professional zone is intended for transitional areas from residential to commercial, and would allow development that supports major employment centers such as Harrison Hospital. With either the Commercial or Business Professional zones, the proposed rezone would allow professional and office uses that support the medical industry and Harrison Hospital, consistent with the City Comprehensive Plan goals and Policies for the Tremont Corridor Overlay District. The area in which the subject property is located has experienced changed circumstances, and a rezone to Commercial or Business Professional would recognize this. Furthermore, proof of changed circumstances is not required for a rezone if the proposed rezone and associated development implement policies are contained in the comprehensive plan. Bjornson v. Kitsop County, 78 Wn. App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). The proposed rezone would implement policies contained in the comprehensive plan. Approval of the rezone is conditioned upon City Council Findings, Conchisions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 9 of I I approval of the Comprehensive Plan amendment before the end of 2010. Findings 4 — 12, 17, and 18. 3. The subject property is suitable for development. The subject property currently contains a single-family residence, which would he retained and converted to office use. Vehicles would access the property through Pottery Avenue. Adequate parking would be provided on -site. There are no critical areas on the property. The City reviewed the environmental impacts of the proposed rezone and determined that approval would not result in probable significant adverse impacts. Future development would be reviewed for consistency with City code and development standards. Findings 3, 13, 15, and 16. 4. The rezone will not be materially detrimental to or incompatible with uses and properties in the immediate vicinity. The area in which the property is located is in transition from residential to commercial uses. Although nearby residential owners have objected to the transition to commercial uses in the past, there has been no opposition to the present rezone request. The area appears to observers as if it already carries a Commercial zoning: uses and properties in the immediate vicinity of the subject property cater to health care related services. Harrison Hospital is located nearby to the north. Adjacent property to the south is developed to provide health care services. The Commercial zone would provide the broadest mix of uses. The Business Professional zone would limit potential uses to allow transition from residential to commercial uses. The Applicant would provide landscaping to buffer the property from adjacent residential uses. Findings 4, 6, 8, 10 —12, 14 —18. 5. The rezone has merit and value for the community as a whole. Rezone to Commercial would allow development with the broadest mix of uses. Rezone to Business Professional would allow development to support Harrison Hospital while providing a transitional area between nearby residential uses and commercial uses. Approval of a rezone to either Commercial or Business Professional would allow professional and office uses that support the existing medical industry and Harrison Hospital. The proposed use would provide a needed hearing aid clinic to the community. Future development would be reviewed to ensure compliance with the City code and development regulations. Findings 1, 5 — 8, 10, 11 —13, 15 — 18. 6. The rezone is in accordance with the Comprehensive Plan and complies with the City code. The Comprehensive Plan goals and policies encourage professional and office uses in the Tremont Corridor to support the medical industry, and Harrison Hospital in particular. Approval of the rezone to either Commercial or Business Professional would allow uses to support health care services. Approval of the rezone is conditioned upon City Council approval of the associated Comprehensive Plan amendment by the end of this year. Future development would be reviewed at the time of application to ensure compliance with City code and development regulations in effect at that time. Findings 5, 6, 8 — 12, 15 — 18. Findings, Conclusions, and Recommendation City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page 10 of I RECOMMENDATION Based on the above findings and conclusions, the Hearing Examiner recommends that the City Council APPROVE the request for a rezone from R4.5 to either Commercial or Business Professional for a 0.68-acre parcel located at 1710 Pottery Avenue, in Port Orchard, Washington. The recommended approval of the rezone request is conditioned upon City Council approval of a Comprehensive Plan amendment Land Use Designation to Commercial by the end of the current 2010 docket year. Recommended this e a 41- day of August 2010. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center Findings, Conclusions, and Recoimnendaiion City of Port Orchard Hearing Examiner Coy Rezone, No. R-1173 Page I I of l l 6 @ g p WP: QY GG 3 $j Qpp Z M71 ui y®$[ d,Nip � ' y�?� L�3�Cyin ww �C4� Ali 0 u 1. W ®I N I QR W a=Z I UIf wit , W a •_, - �gCOI O r Y Ow ___.. n --0-0 1 f ON log �j i � P 7 4l�Y§� \ lyll ml P635 L�p� agSE� o 6 [Sp �pEp� -gg �.i gg �� ipPiW y`Py69 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 008-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION RECOMMENDING APPROVAL OF THE 2010 AMENDMENTS TO THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN. WHEREAS, The Growth Management Act (GMA), RCW 36.70A requires that each city planning under GMA must periodically review, and, if needed, revise their comprehensive plans and development regulations every seven years to ensure compliance with the Growth Management Act; and WHEREAS, with the passage of the Washington State Growth Management Act in 1990, developing communities are required to submit a comprehensive plan that outlines strategies to accommodate the needs of a growing population. It is intended for this comprehensive plan to be updated to reflect the changes in growth and boundaries of that growth including changes to zoning; and WHEREAS, in December 2008, the City of Port Orchard adopted a Comprehensive Plan update to the June 1995 Comprehensive Plan to satisfy the requirements set forth in the Growth Management Act to implement the goals and objectives of the City's Comprehensive Plan; and WHEREAS, the City of Port Orchard seeks to be in compliance with the goals, policies, and procedures of the Growth Management Act; and WHEREAS, after proper notice, The Port Orchard Planning Commission conducted a public hearing on Monday, November 15th, 2010 and considered public testimony to review, discuss, and deliberate on the proposed draft Comprehensive Plan amendments. THE PLANNING COMMISSION OF THE CITY OF PORT ORCHARD, WASHINGTON, MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE PORT ORCHARD COMPREHENSIVE PLAN. 1. These amendments were developed in consideration of the goals of the GMA for the development of local comprehensive plans, as codified at RCW 36.70A.020, and reflect a careful balancing of these goals within the local conditions of the City of Port Orchard. 2. These amendments were developed from and are consistent with the Kitsap Countywide Planning Policies (CPPs). Planning Commission Resolution 008-10 Page 1 of 3 3. The Planning Commission bases its finding and conclusions on all the testimony, oral or written, and exhibits submitted to the Commission. Any finding that should be deemed a conclusion, and any conclusion that should be deemed a finding, is hereby recommended as such. 4. The Planning Commission has considered the following criteria consistent with the Port Orchard Municipal Code and makes the following findings; a. Circumstances in Port Orchard have substantially changed since the adoption of the 2008 Comprehensive Plan; b. New information is available that was not considered in the adoption of the 2008 Comprehensive Plan; c. The proposed amendments are consistent with or support other plan elements and/or development regulations. d. The proposed amendments reflect the goals, objectives, and policies of the Comprehensive Plan; e. The proposed amendments are consistent with the Countrywide Planning Policies; and f. The proposed amendments are compliant with the requirements of the Growth Management Act. BASED UPON THE FOREGOING FINDINGS THE PLANNING COMMISSION HEREBY; 1. The Port Orchard Planning Commission approved a motion to recommend approval to the City Council of the 2010 Amendments of the Port Orchard Comprehensive Plan dated November 15, 2010; The Port Orchard Planning Commission approved a motion to recommend approval to the City Council of the following amendments to the 2008 Port Orchard Comprehensive Plan Update: a. The Port Orchard Planning Commission approved a motion to recommend approval of an amendment to the 2008 Port Orchard Comprehensive Plan Update to update Zoning and Comprehensive Plan maps. b. The Port Orchard Planning Commission approved a motion to recommend approval of an amendment to the 2008 Port Orchard Comprehensive Plan Update, adopting amendments to Appendix G: Plans Adopted by Reference, including the 2010-2015 South Kitsap School District Capital Facilities Plan and the McCormick Village Park Master Plan. Planning Commission Resolution 008-10 Page 2 of 3 CONCLUSIONS Conclusions: The Planning Commission finds that the proposed changes to the Comprehensive Plan, including revisions approved at the November 15, 2010 Planning Commission meeting, are consistent with the objectives of the City's Comprehensive Plan; now, therefore NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Port Orchard hereby recommends that the City Council approve and certify the 2010 Comprehensive Plan Amendments for the City of Port Orchard, as expressed in 2. a — b above. PASSED by the Planning Commission of the City of Port Orchard this 15th day of November, 2010. ATTEST: Weaver, City Development Director Bek Ashby, Chairman Planning Commission Resolution 008-10 Page 3 of 3 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (360) 895-9029 Agenda Item No. Business Item Agenda Staff Report Meeting Date: December 14, 2010 Subject: _Approval of Contract No. 020-11, Prepared by: Patti Kirkpatrick, MMC Authorizing the Mayor to Execute City Clerk Agreement for Lobbying Services with Atty Routing No: 127-10 Gordon Thomas Honeywell Atty Review Date: December 7, 2010 Governmental Affairs Summary: The Council has determined that its citizens would benefit from the expertise and guidance of a lobbying firm that would assist the Mayor and Staff in accomplishing the goals and objectives of the City. Mayor Coppola interviewed several lobbying firms and determined that Gordon Thomas Honeywell Governmental Affairs (GTH) best suited the needs of the City. Representatives from GTH attended the September 21, 2010, work study session to answer any questions regarding their services. During the 2o11 Budget discussions, the Finance Committee recommended that funding be set aside to hire a lobbying firm to assist the City in securing funding for items such as capital projects and the proposed parking garage. Professional lobby services rendered in 2olo are to be paid from the Administration budget fund 511.6o.40.41 Other Service & Charges —Professional Services. Recommendation: Staff recommends approving Contract No. 020-11, authorizing the Mayor to execute an agreement for lobbying services with Gordon Thomas Honeywell Governmental Affairs. Motion for consideration: I move to approve Contract No. 020-11, authorizing the Mayor to execute an agreement for lobbying services with Gordon Thomas Honeywell Governmental Affairs in an amount not to exceed $25,00o, effective November 1, 2010 through June 30, 2011. Fiscal Impact: Funding was provided for in the 2011 Budget. Alternatives: Not approve and provide further direction to staff. Attachments: Contract No. 020-11 CITY OF PORT ORCHARD CONSULTING AGREEMENT No. 020-11 This Agreement is entered into by and between City of Port Orchard and Gordon Thomas Honeywell Governmental Affairs (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Port Orchard in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. The Services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City of Port Orchard. B. Compensation; Expenses. The City of Port Orchard will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Port Orchard invoices at regular intervals, as set forth in Attachment "A." D. Term; Termination. Consultant shall promptly begin the Services hereunder on the date set forth in Attachment "A' and shall terminate same on the date set forth in Attachment "A," unless earlier terminated by mutual agreement. The City of Port Orchard or consultant may terminate consultant services for convenience at any time prior to the termination date set forth in Attachment A, provided that either party provides 3o-days written notice, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Port Orchard or its nominees, and the City of Port Orchard or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. G. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Port Orchard, or to empower consultant to bind or obligate the City of Port Orchard in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Port Orchard its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification. Nothing in this section shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this Agreement. I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Port Orchard's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs and successors. J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. K. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees, in amounts that are standard within Consultant's industry. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. In addition, Consultant shall maintain the following specific policies and amounts. i. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA oo o1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. The minimum combined single limit for bodily injury and property damage shall be $1,000,000 per accident. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. L. Discrimination and Compliance with Laws. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. Consultant shall obtain a City of Port Orchard business license. AL Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.o4A, as amended, and the Mandatory Rules of Arbitration (MAR); venue shall be placed in Port Orchard, Kitsap County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be entitled to its reasonable attorney fees and costs. 2010-2011 Legislative Services Agreement - City of Port Orchard Contract No. 020-11 Page 2 of 4 N. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. Consultant: Gordon Thomas Honeywell Governmental Affairs Tim Schellberg, President Date: City of Port Orchard: Lary Coppola, Mayor Date: ATTEST: Patricia J. Kirkpatrick, MMC City Clerk 2010-201 1 Legislative Services Agreement - City of Port Orchard Contract No. 020-11 Page 3 of 4 ATTACHMENT "A" TO CITY OF PORT ORCHARD CONSULTING AGREEMENT A. Scope of Work: Consultant shall provide the City of Port Orchard with the following governmental affairs services: • Provide the City with a weekly legislative report during the legislative session that includes weekly hearing schedules and a summary of bills important to the City. Identify legislation that would impact the City of Port Orchard specifically. • Provide the City with real-time updated bill tracking that can be accessed via the web. • Attend all relevant legislative hearings. • Work with the city to develop a holistic legislative program that includes: • Multiple proactive legislative requests • Event planning to develop close relationships with the legislative delegation • Developing budget requests that take advantage of the political climate • Working with stakeholder groups, including the Association of Washington Cities and the Washington State Association of Counties • Develop and lobby for Capital Budget funding requests. • Lobby the Legislature on all issues developed under the legislative program. • Lobby defensively on legislation that is introduced that would negatively impact the City. • GTH-GA would register as the City's lobbyist with the Public Disclosure Commission. B. Compensation/Expenses: The City of Port Orchard shall pay Consultant a monthly fee of $2,500 for the services listed above. Consultant shall only bill communication expenses, such as travel to Port Orchard. The expenses shall not exceed $2,500 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Port Orchard with invoices for services performed on a monthly basis, and (b) the City of Port Orchard shall pay each of Consultant's invoices within sixty (6o) days after City's receipt and verification of invoices. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. Term of Agreement: Consultant's services shall commence on November 1, 2oro and shall terminate on June 30, 2011. 2010-2011 Legislative Services Agreement - City of Port Orchard Contract No. 020- l 1 Page 4 of 4 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 7H Subject: Approval of Contract No. 021-11, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County Prosecutor for Legal Services Meeting Date: December 14, 2010 Prepared by: Patti Kirkpatrick, MMC City Clerk Atty Routing No. 114-10 Atty Review Date December 3, 2010 Summary: The City began using Kitsap County as their prosecutor in Municipal Court in 2000. The City's agreement with the Kitsap County Prosecutor's office to provide prosecutor services expires on December 31, 2010. Earlier this year, the Prosecutor's office proposed a decrease for the upcoming contract period. The City will save in 2011 $3,768 for the year and the contract adjustments will be made based upon the CPI-U for Seattle/Tacoma, rather than for "all US cities." The Municipal Court administrator and the Chief of Police continue to find great value in having the prosecutorial services for Municipal Court provided by the County Prosecutor's office, especially with the decreased costs. Recommendation: Staff recommends approval of Contract No. 021-11. Motion for consideration: I move to approve Contract No. 021-11, authorizing the Mayor to execute an Interlocal Agreement with Kitsap County for prosecutor services in the amount of $92,612, effective January 1, 2011 to December 31, 2013. Fiscal Impact: Base contract amount of $92,612 was included in the 2011 preliminary budget, which will be adopted by the Council on December 14, 2010. Attachments: Contract No. 021-11 LEGAL SERVICES AGREEMENT Prosecution Services This agreement (this "Agreement") is entered into between the City of Port Orchard (the "City") and the Kitsap County Prosecuting Attorney (the "Prosecutor") pursuant to the provisions of chapter 39.34 RCW (Interlocal Cooperation Act) as of January 1, 2011. WHEREAS, the Interlocal Cooperation Act permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the City and the Prosecutor wish to mutually cooperate for the proposes described herein; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section I PURPOSE The purpose of this Agreement is for the Prosecutor to provide legal services for the City for prosecution of municipal criminal complaints and civil infractions. Section II SERVICES The Prosecutor will provide the full range of prosecution services (i.e., prosecution/case management, legal advisor and special projects as required) to the Police Department of the City, as more fully described in Exhibit A: Scope of Work, which is incorporated herein. Section III TERM OF AGREEMENT The term of this Agreement is January 1, 2011 through December 31, 2013. Section IV TERMINATION OF AGREEMENT This Agreement may be terminated by either party, with or without cause, upon four months' advance written notice to the other party. Section V COMPENSATION The City and the Prosecutor agree that compensation for services rendered under this Agreement shall be at an annual cost of $92,612.00 beginning on January 1, 2011 and shall be paid in equal monthly installments. The compensation shall be reviewed during the budget process each year by the City Council and, with the agreement of both parties, may be renewed for an additional budget year. Commencing January 1, 2012, and each succeeding year thereafter that this Agreement remains in effect, the monthly payments shall be adjusted for the coming year by the percentage increase in the Consumer Price Index -Urban (CPI-U) for Seattle/Tacoma as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. Upon approval by the City Council and with the agreement of the Prosecutor, a written confirmation of budget shall be attached as an addendum to this Agreement and serve as an amendment to this section. Section VI OFFICE FACILITIES The City will provide office space, furnishings and office equipment for one attorney and one support staff member of the Prosecutor. Section VII INSURANCE AND HOLD HARMLESS A. Insurance Prior to and during the performance of the work covered by this Agreement, the Prosecutor shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least $1,000,000 for professional liability or errors and omissions in connection with the work to be performed by the Prosecutor under this Agreement. The Prosecutor shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided 30 days' written notice of any cancellation of such professional liability insurance. B. Indemnification Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of the negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. This provision shall survive the termination of this Agreement. Section VIII GENERAL PROVISIONS A. Integration. This Agreement constitutes the entire agreement between the parties. No other understandings or representations, oral or written, regarding the subject matter of this Agreement will be deemed to exist or bind the parties. B. Amendments. Except as provided in Section V (relating to changes in compensation), this Agreement may be modified or amended only by a writing duly executed by authorized representatives of both parties. C. Coverage. The City contracts with the Prosecutor for prosecution assistance on an annual basis. The Prosecutor shall be responsible for providing backup and coverage in the event of any absence or conflict at costs within the annual budget. Such backup and coverage shall be provided only by duly appointed deputy prosecuting attorneys. D. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and addressed as follows: If to the City: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 If to the Prosecutor: Kitsap County Prosecuting Attorney 614 Division Street, MS-35 Port Orchard, WA 98366 With a copy to: City Attorney City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 E. Files. All files and other documents maintained by the Prosecutor shall be the files of the City and accessible by the City through its City Attorney or other duly authorized representative during normal business howl. At the request of the City, any and all files maintained by the Prosecutor shall be tendered to the City. F. Independent Contractor. Prosecutor and assistant(s) are professionals acting without direct supervision and are independent contractors. Prosecutor waives any claim in the nature of a tax, charge, cost or employee benefit which would attach if Prosecutor or assistant(s) were held to be employees of the City. G. Non -Discrimination. Prosecutor agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Prosecutor shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. Violation of this section shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work from City. H. Governing Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated only in the Superior Court of Kitsap County, Washington. L Severability. The invalidity or unenforceability of any provision in this Agreement shall not affect the validity or enforceability of any other provisions that can be given effect without the offending provision. J. No Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. K. Administration. This Agreement will be jointly administered by the City and the Prosecutor. This Agreement does not create any separate legal or administrative entity. L. Financine Budget. This Agreement does not contemplate joint financing of the activities within its scope, nor does it contemplate a joint budget. M. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date stated above. CITY OF PORT ORCHARD Lary Coppola, Mayor ATTEST: City Clerk Approved as to Form: City Attorney lIn KITSAP COUNTY PROSECUTING ATTORNEY Russell D. Hauge, Kitsap County Prosecuting Attorney KITSAP COUNTY BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Josh Brown, Chair Steve Bauer, Commissioner Charlotte Garrido, Commissioner ATTEST: Opal Robertson, Clerk of the Board EXHIBIT A: SCOPE OF WORK The Prosecutor will provide the full range of criminal prosecution and civil infraction enforcement (i.e., prosecution/case management, legal advisor and special projects as required) to the City's commissioned officers and other enforcement personnel as applicable. I. MUNICIPAL COURT A. Appearance and Preparation for All Regularly Scheduled Monthly Calendars as Follows: I. Non -jury trials 2. Motion calendars 3. Jury readiness calendars 4. Contested infractions calendars, including administrative hearings and traffic hearings, but only in cases where a Notice of Appearance has been filed by a licensed attorney and/or as otherwise agreed by the parties 5. Jury trial calendars 6. Arraignments 7. Sentencings 8. Revocation hearings 9. Motions 10.Preliminary hearings (probable cause) I Lln-Custody hearings B. Miscellaneous: 1. Review cases, make decisions and file complaints 2. Obtain search and arrest warrants 3. Day-to-day advice, as needed, by telephone or in -person contact with City Police Department officers II. SUPERIOR COURT Appeals (preparation and appearance): 1. Commencing (only after discussion and authorization from City Attorney) 2. Defending III. MEETINGS A. Attend All Meetings with Police Department, City staff or City Council as Requested or Required to Address Current Issues B. Prepare Memoranda Addressing Legal Ramifications of Courses of Action Contemplated as Part of Those Meetings IV. PROVIDE LIAISON BETWEEN CITY POLICE DEPARTMENT AND COURT SYSTEM REGARDING PROCEDURES AND ENFORCEMENT V. PREPARE, REVIEW AND RESPOND TO ISSUES AS REQUESTED BY CITY ATTORNEY, CHIEF OF POLICE OR POLICE CAPTAIN VI. RECOMMEND NEEDED MUNICIPAL CODE AMENDMENTS TO CITY ATTORNEY VII. PROVIDE QUARTERLY REPORTS TO CITY AND CITY ATTORNEY'S OFFICE IDENTIFYING TOTAL CASE FILINGS AND CASE DISPOSITIONS 7 2011 Prosecution Contract - Base Starting Rate DPA I, Step I $54,350.40 12010 Rates Q01 $ $ 4,157.81 2011 COLA Social Security 0.00% 7.65% $ 3,809.96 Retirement 7.01% $ 869.00 Workers Compensation $11,304.00 County Benefit Bucket $74,491.17 Legal Assistant, Step I $36,795.20 12010 Rates A14 $ $361795.20 $ 2,814.83 2011 COLA 0.00% 2011 Base Salary Social Security 7.65% $ 2,579.34 Retirement 7.01% $ 869.00 Workers Compensation $11,304.00 County Benefit Bucket $54,362.38 $18,120.79 One -Third Cost $ 92,612 Base Contract Amount 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 71 Subject: Approval of Contract No. 022-11, Authorizing the Mayor to Execute an Agreement with Kitsap Economic Development Alliance Meeting Date: December 14, 2010 Prepared by: Patti Kirkpatrick, MMC City Clerk Atty Routing No: Atty Review Date: NA Summary: Annually, the City contracts with Kitsap Economic Development Alliance (KEDA) whose primary purpose is to promote the Kitsap County's primary job base and to integrate its economy into the national and world economies. During the 2011 Preliminary Budget discussions, the Mayor requested the City's payment to KEDA be increased from $2,000 to $5,000 and that amount was added to the 2011 budget. This is a one year contract and will expire on December 31, 2011. Recommendation: Staff recommends approving Contract No. 022-11, authorizing the Mayor to execute an agreement with Kitsap Economic Development Alliance for an annual payment amount not to exceed $5,000. Motion for consideration: I move to approve Contract No. 022-11, authorizing the Mayor to execute an agreement with Kitsap Economic Development Alliance for an annual payment amount not to exceed $5,000, effective January 1, 2011 to December 31, 2011. Fiscal Impact: The funds have been included as part of the 2o11 budget. Alternatives: Not renew the contract. Attachments: Contract No. 022-11 CITY OF PORT ORCHARD 216 Prospect Street Port Orchard, WA 98366 (360)876-4407 AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES CITY OF PORT ORCHARD CONTRACT No. 022-11 THIS AGREEMENT is entered into between Kitsap Economic Development Alliance ("Consultant") and City of Port Orchard, Washington ("Local Government"). 1. Services by Consultant Consultant shall perform the services described in the scope of services attached hereto as Attachment A. 2. Payment Local Government shall pay Consultant the amount specifically set forth and in the manner specifically set forth in Attachment B. Consultant agrees to accept said sum as full compensation for all services due under this Agreement. 3. General This Agreement is the entire understanding between the Local Government and the Consultant, and no representations, statements, warranties or conditions, expressed, implied, or otherwise, shall be binding on the Local Government unless expressly set forth herein, as provided for in paragraph 1 above, which shall become an addendum to this contract. 4. Duration This Agreement shall be in force and effect upon approval of same by the City Council of Local Government and by the Consultant, but no earlier than January 1, 2011, and shall terminate on the 31 st day of December 2011. 5. Ownership of Materials All reports, formulations, graphs, charts, maps, programs, design, coding, calculations, notes, receipts, lists, rosters, calculations, and other materials or documents, original or otherwise, developed or used by Consultant and/or any other parties or employees in connection with the performance of this Agreement or the Project shall be the property of the Consultant. It is recognized by Local Government and Consultant that Consultant may receive privileged or confidential information in the conduct of its scope of services from Local Government, from other public entities, or from private parties. All of the cited materials or documents shall be made available to Local Government by Consultant, except for privileged and confidential information made available to Consultant by other parties with which Consultant cooperates to carry out the scope of services. However, for purposes of fiscal auditing, Local Government shall have access to any books, records, documents, papers and records of any kind that are directly related to this Agreement or the Project. Portions of materials or documents that are not privileged or confidential information of Local Government may be made available by Consultant to other parties with which Consultant cooperates to carry out the Scope of Services. 6. Termination for Public Convenience Local Government may terminate this Agreement whenever Local Government determines, in its sole discretion, that such termination is in the best interests of the Local Government. Termination in accordance with this paragraph will be effective twenty (20) days after the deposit of written notice of such termination in the U. S. mail, regular delivery. If the Agreement is terminated in accordance with this paragraph, the Consultant shall be entitled to payment for actual work performed. An equitable adjustment in Consultant's compensation for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by Local Government at any time during the term, whether for default or convenience, shall not constitute a breach of this Agreement. Page 1 of 5 7. Termination for Default If Consultant defaults by failing to perform any of the obligations of this Agreement, or if Consultant becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, Local Government may terminate the Agreement, and obtain performance of the work elsewhere. Termination in accordance with this paragraph will be effective five (5) days after the deposit of written notice of such termination in the U. S. mail, regular delivery. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to Local Government resulting from such default(s), and any extra or increased expense incurred by Local Government in completing the work, shall be deducted from any money due Consultant. If a notice of default has been issued and it is later determined that Consultant was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 8. Withholding Payment In the event Local Government determines that Consultant has failed to perform any obligation under this Agreement within the times set forth, then Local Government may withhold from amounts otherwise due and payable to Consultant the amount determined by Local Government as necessary to cure the default, until Local Government determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Consultant to termination or damages, provided that Local Government promptly gives notice in writing to the Consultant of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination by Local Government of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive. Local Government may act in accordance with any determination which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) pay any amount required to be paid and charge the same to the account of Consultant, (3) set off any amount paid or incurred from amounts due or to become due Consultant. 9. ADA Compliance Consultant agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such act. 10. Modification This Agreement may be amended only upon the written agreement of the parties and executed with the same formalities required for the execution of this Agreement. 11. Limitation of Liability The Consultant is an independent Consultant and is not considered a Local Government employee. The Consultant is responsible for all licenses and fees required to perform his/her duties under this contract. The performance of the services of the Consultant shall conform to the requirements of the work statement. The Consultant agrees to indemnify and hold harmless the Local Government, and its agents and employees from and against all claims, damage, losses, and expenses, including attorney's fees and cost of litigation, caused in whole or in part by Consultant's negligent act or omission or that of a subcontractor, or that of anyone employed by them, or for whose acts Consultant or subcontractor may be liable. 12. Insurance Provisions Prior to commencing work, Consultant shall procure and maintain at Consultant's own cost and expense for the duration of the Agreement the following insurance against claims for injuries to persons or damages to property which may rise from or in connection with the performance of the work or services hereunder by the Consultant, his agents, representatives, employees or subcontractors. Page 2 of 5 AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES Minimum Limits of Insurance: Consultant shall maintain limits no less than: Commercial General Liability. One million dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage, and two million dollars ($2,000,000) aggregate. Coverage shall be on an "occurrence" basis. Such insurance as carried by the Consultant is primary over insurance carried by the Local Government. Workers' Compensation and Employer's Liability. Workers' Compensation coverage as required by the State of Washington. Evidence of Consultant's Contractor's Insurance has been presented to the Local Government, City Clerk, 216 Prospect Street, Port Orchard, WA 98366, in accordance with the schedule set forth in Attachment B. In the event of non -renewal, cancellation, or material change in coverage, thirty (30) days written notice will be furnished to the Local Government prior to the date of cancellation, non -renewal or change. 13. Privileged and Confidential Information During the term of this agreement, the Local Government and the Consultant, to the extent of their right to do so and as required for each to perform its obligations under this agreement, may exchange proprietary and confidential information. A) Except as specifically authorized by this Agreement, or otherwise approved by the Local Government in writing, all records or other information, documents, and materials furnished by the Local Government to the Consultant will be used only in connection with work performed under this Agreement. Upon request, the Consultant will, upon completion or termination of this Agreement, transit to the Local Government all records or other information, documents and materials, and copies thereof, furnished by the Local Government to the Consultant. Similarly, the Local Government will return to the Consultant all of the same type of records and information provided by the Consultant to the Local Government; B) All proprietary or confidential information, whether received visually, orally, in writing, electronically, or in any other medium, is and shall remain the property of the disclosing Local Government or Consultant for a period of five (5) years or until relieved of that responsibility by the information owner; provided, that nothing in this Agreement shall affect any obligation of the Local Government to provide copies of records pursuant to the Public Records Disclosure Act. 14. Venues and Choice of Law Clause Any action at law, suit in equity, or other judicial proceedings for the enforcement of this contract or any provision thereof shall be instituted only in the courts of the State of Washington, County of Kitsap. It is mutually understood and agreed that this contract shall be governed by the laws of the State of Washington, both as to interpretation and performance. IN WITNESS WHEREOF, this agreement is signed by the parties this day of 2010. KITSAP ECONOMIC DEVELOPMENT ALLIANCE Bill Stewart Executive Director CITY OF PORT ORCHARD Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, MMC, City Clerk Page 3 of 5 AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES ATTACHMENT "A" SCOPE OF SERVICES Purposes of the agreement: 1 . The principal purpose of this agreement is to promote diversification of the Kitsap community's primary job base and to integrate its economy into the national and world economies. (Primary jobs produce goods or services sold to purchasers outside the community and thereby bring in new disposable income.) 2. Subsidiary purposes relate to primary jobs provided by existing and new employers, including primary job opportunities for workers displaced within the community, namely: a. Continue to retain existing employment, expand existing employers' operations, and promote selected new employment opportunities, which, in most cases, means commercial, high technology or light industrial investments leading to new primary jobs. b. Continue efforts to create and retain primary jobs for workers displaced and promote employment for low and moderate -income families. 1. Provide leadership and coordination in relation to Kitsap 20/20 Strategic Plan to: a. Educate public officials, the private sector and the general public about economic development issues related to primary jobs. b. Develop marketing to, and case -by -case activities with, entrepreneurs who can decide to keep or expand their businesses within the community, or who can decide to bring their businesses here. This includes extending marketing efforts to attract and recruit new business prospects that will diversify opportunities for employment. It also includes providing confidential assistance to companies with retention issues or expansion plans, to local start-up companies seeking business assistance, and to businesses recruited to the community. C. Research and communicate government and business sales opportunities to local employers. d. Develop an inventory of land available for primary employers. e. Provide support for funding requests that will develop the physical infrastructure (e.g. roads, telecommunications) and social infrastructure (e.g. training and health systems) needed by businesses and their employees. This includes continuing to work with both public and private partners in the continued designation, development, implementation, and delivery of infrastructure to industrial lands. 2. Continue diversification and integration efforts in the preceding work elements through support of volunteer committees of the Board of Directors of the Kitsap Economic Development Alliance. 3. Provide a quarterly written report of progress and brief the Mayor and City Council concerning reported progress. Identify benefits accruing to the City of Port Orchard, its businesses and its residents relative to the above work elements, to the extent feasible. Provide information through electronic newsletters and printed reports regularly regarding economic development issues. Page 4 of 5 AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES EXHIBIT "B" COMPENSATION AMOUNT AND MANNER Upon submittal of products and progress reports by task, setting out allowable expenses meeting the requirements set forth in the State of Washington's "Financial Guidelines for Grants Management," Consultant shall be reimbursed as follows: The contract sum to be paid to the Consultant shall be the total sum of $5,000. Payments shall be made as per the following schedule: March 31, 2011: $5,000. Page 5 of 5