01/26/2010 - Regular - PacketCITY OF PORT ORCHARD
Mayor:
Lary Coppola
Administrative Official
Cat neilmembers:
Fred Chang
Chair: Lodging Tax Advisory
Committee
Tourism Committee
Staff.. Clerk's office
Jerry Childs
Chair: Tourism Committee
Staff: Clerk's office
John Clauson
Chair: Finance Committee
Staff: City Treasurer
Utilities Committee r
Jim Colebank
Tourism Committee
Public Property Committee
Fred Olin
Utilities Committee
Public Property Committee
Carolyn Powers
Chair: Public Property Committee
Staff: Planning Department
Finance
Rob Putaansuu
Chair: Utilities Committee
Staff: Public Works Department
Finance
Department Directors:
Patti Kirkpatrick
Administrative Services
City Clerk
Allan Martin
City Treasurer
Debbie Hunt
Court Administrator
James weaver
Development Director
Al Townsend
Police Chief
Mark Dorsey, PR
Public Works Director
CityEngineer
Contact us:
216 Prospect Street
Port Orchard, WA 98366
(36o) 876-4407
City Council Meeting Agenda
January 26, 2010
7:00 P.M.
EFFECTIVE January 1, 2oio, Meetings will ONLY be available for viewing on the
City's Website
1. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS 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
(please complete the sign -in sheet located in the hallway).
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been
distributed to each Councilmember for reading and study. Consent Agenda items are not
considered separately unless a Councilmember so requests. In the event of such a request,
the item is returned to Business Items.)
A. Approval of Claim Warrants, Payroll & Treasurer's check book
B. Approval of the January 12, 2010, Council Meeting Minutes
C. Setting Meeting for Work Study Session to February 16, 201o, at 7:00
p.m. at City Hall (Kirkpatrick)
D. Adoption of Resolution No. 007-1o, Authorizing the Mayor to Execute
Contract with Springbrook Software (Martin)
E. Adoption of Resolution No. oo6-1o, Approving Interfund Loan
(Martin)
5. PRESENTATION
A. Proclamation: Declaring February 2, 201o, as Arts Day (Mayor)
B. State of the Port Orchard Library (Kathleen Wilson)
C. Kids at Hope (Wally Endicott)
6. PUBLIC HEARING
A. Department of Ecology Stormwater Management Manual for Western
Washington (Archer)
7. BUSINESS ITEMS
A. Adoption of Resolution No. 004-1o, Authorizing the Mayor to
Administrative Adopt the 2005 Department of Ecology Stormwater
Management Manual for Western Washington (Archer)
B. Adoption of Resolution No. 005-10, Authorizing the Mayor to
Administratively Adopt the Kitsap LID Guidance Manual (Archer)
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: w4vw.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.44o7
You may now view City Council Meetings from the City s website: www.cityofnortorchard.us
January 26, 2oio, Meeting Agenda Page 1 of 2
C. Adoption of Resolution No. oo8-1o, Repealing Resolution No. 003-o8, and Reestablishing
Council Committee Assignments and Rules (Kirkpatrick)
D. Authorization to Issue RV Parking Permit Exemption (Kirkpatrick)
E. Discussion: Business Professional Land Use Code (Weaver)
F. REPORTS OF COUNCIL COMMITTEES
G. REPORT OF MAYOR
H. REPORT OF DEPARTMENT HEADS
I. 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.)
J. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
K. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
Finance Committee
January 22, 2010
Myhre's
7:30 a.m.
Tourism Committee
March 10, 2010
City Hall
5:30 p.m.
Utilities Committee
February 12, 2010
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
February 17, 2010
S.K.W.R.F.
6:30 .m.
Public Property Committee
T.B.D.
City Hall
Work Study Session
February 16, 2010
City Hall
7:30-m.
Council Retreat
February 19, 2010
City Hall
9:00 a.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: %vww.citvofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
You may now view City Council Meetings from the City's website: w."vxityofportorchard.us
January 26, 2oio, Meeting Agenda Page a of 2
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 4C Meeting Date:
Subject: Setting Meeting for a Work Study Prepared by:
Session to February 16, 201o, at
7:00 p.m. at City Hall Atty Routing No:
January 26, 2010
Patti Kirkpatrick, CMC
City Clerk
NA
Atty Review Date: NA
Summarv: Work Study Sessions are considered a special meeting of the Council and as such fall
under RCW 42.3o.o8o, which states: A special meeting may be called at any time by the presiding
officer of the governing body of a public agency or by a majority of the members of the governing body
by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the
governing body; and to each local newspaper of general circulation and to each local radio or
television station which has on file with the governing body a written request to be notified of such
special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or
by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the business to be
transacted. Final disposition shall not be taken on any other matter at such meetings by the governing
body.
In order to ensure the City is in compliance with proper noticing requirements, the City Attorney
has recommended that the Council, by consent agenda, set the date and time of a work study
session each month.
Recommendation: Staff recommends the Council set the meeting date and time for a work study
session to February 16, 2olo, at 7:00 p.m. at City Hall.
Motion for consideration: I move to set a work study session meeting date and time to Tuesday,
February 16, 2010, at 7:00 p.m. at City Hall.
Fiscal Impact: None.
Attachments: None.
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 Item 4D
Subject: Adoption of Resolution No. 007-10
Authorizing the Mayor to Execute
an Agreement with Springbrook
Software
Meeting Date: January 26, 2010
Prepared by: Allan J. Martin
Atty Routing No:
Atty Review Date:
Citv Treasurer
NA
NA
Summaiv: The City Treasurer was tasked with providing City customers the convenience of paying
utility bills and charges using credit or debit cards.
This Resolution authorizes the Mayor to sign an agreement to expand the use of Springbrook
financial software to include the acceptance of this method of payment. The credit and debit
payment processing software goes beyond simply accepting payments to seamlessly work with the
City's accounting system. Payments will be integrated directly into existing accounts.
Benefits include reduced receivables time, reduction in mailing costs, reduced utility shut -offs,
secure data storage, and decrease in processing errors. Customers find that paying with a card is
easier and safer, and involves no hassles with cash or delayed payment issues. Customers can
request recurring or one-time payment. Bill presentment options will include Email Statements for
customer billing, and account details online by simply logging onto City of Port Orchard.
This Agreement is in step with the Mayor's initiative and the Council Finance Committee to provide
customer convenience. Card services will be expanded to include payment for other city services
following implementation of utility billing. To date City Treasurer staff has implemented two
customer friendly initiatives. The Master License Service for business licensing and automatic
bank withdrawal for utility billing.
The Resolution authorizes the Mayor to execute an Agreement with Springbrook Software, Inc. to
include card processing software and services
Recommendation: Staff recommends approval of Resolution No 007-10.
Motion for consideration: Move to adopt Resolution No. 007-to, Authorizing the Mayor to enter
into an agreement with Springbrook Software, Inc. to include card processing software and
services.
Fiscal Impact: Cost per account is .05¢ plus a $t.00 per transaction plus applicable credit card
fee. A utility customer usage rate of 15% would result in cost of approximately
$7,287.00 per year. Offsetting cost reductions include paper -less processing,
reduced mailing costs, and cash management efficiencies. The cost is considered
a normal business expense.
Introduced by:
City Treasurer
Requested by:
City Treasurer
Drafted by:
City Treasurer
Introduced:
January 26, 2010
Adopted:
RESOLUTION NO. 007-09
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
SPRINGBROOK SOFTWARE, INC FOR WEB PAYMENT SERVICE
WHEREAS, the effective and efficient management of the City's cash resources
requires expeditious revenue collection and aggregation; and
WHEREAS, the use of credit cards/debit cards has become customary business
practice to improve cash management that the City should consider and use when appropriate;
and
WHEREAS, the policies, procedures,
reviewed and revised as required to ensur
management possible; and
and practices of cash management should be
: the City achieves the most effective cash
WHEREAS, the City recognizes the necessity to best accommodate its citizens by
facilitating their payment of utility bills and other payment of other city services by accepting
credit/debit cards; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council hereby approves the Springbrook Web Payments
Agreement, And Addenda, attached hereto as Exhibit A and by this reference
incorporated herein.
THAT: The City of Port Orchard authorizes the Mayor to execute a 24 month
agreement (Exhibit A incorporated by reference) with Springbrook Software, Inc.
for the use of credit/debit cards for payment of city utilities and other city services.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Cleric in authentication of such passage this 26th day of January 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
�(Spr1ngbrook WEB PAYMENTS AGREEMENT I 2009
SPRINGBROOK SOFTWARE
WEB PAYMENTS AGREEMENT
This Springbrook Software, Web Payments Agreement (the "Agreement") is made and entered into as of December 11, 2009 by and
between Springbrook Software Inc, a Oregon corporation having its principal place of business at 111 SW Fifth Avenue, Suite 1850,
Portland, Oregon 97204 ("Licensor) and Port Orchard, a Washington corporation having its principal place of business at 216 Prospect
Street, Port Orchard WA, 98366 ("Licensee").
This Agreement consists of the General Terms and Conditions a set forth below:
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS.
"Change Order" means a written request to change the terms or
scope of a Statement of Work.
"Citizens" Citizens consumers and others designated by the
Client to access Web Payments services
"Client Data" means any and all data and information of any
kind or nature submitted to Licensor by licensee, or received by
Licensor on behalf of Licensee, in connection with the Service,
other than publicly available information.
"Enhancement" means any modification or addition that, when
made or added to the Software, materially changes its utility,
efficiency, functional capability, or application, but that does not
constitute solely an Error Correction. Licensor reserves the
right to designate any Enhancement released by Licensor after
the Effective Date as a new version of the Software or as a new
software application, and to condition release and right of access
and use of the new application or version upon Licensee's
payment of an adjusted Service Fee.
"Error" means any failure of the Software to conform in any
material respect to its published specification.
"Error Correction" means either a modification or addition
that, when made or added to the Software, brings the Software
into material conformity with its published specifications, or a
procedure or routine that, when observed in the regular
operation of the Software, avoids the practical adverse effect of
such nonconformity.
"Licensed Software" means the machine-readable, object -code
version of the software licensed by Licensor, including all related
Documentation and any modified, updated or enhanced versions
of the program that Licensor may provide to Licensee, as set
forth in the Order Form.
"Professional Services" means implementation, training,
installation, data recovery, migration, restoration services, and
other professional services provided by Licensor to Licensee, but
specifically excluding Support Services and Managed Services.
`Project Coordinator" means that project coordinator,
designated by Licensee, in connection with Professional Services.
"Releases" means new versions of the Software, which may
include Error Corrections and/or Enhancements.
"Source Code" means the human -readable version of a software
program than can be compiled into Executable Code.
"Statement of Work" means a statement of work signed by the
parties pursuant to which Licensor provides Professional
Services to Licensee.
"Temporary Fix' means an initial correction or "fix" to a
problem in the Software prior to the release of an error
correction.
"Thud Part; Vendors" mean vendors chosen by Springbrook to
provide solutions and services provided for in this Agreement.
2. SCOPE OF AGREEMENT.
The Service provided by Software Vendor to Licensee pursuant
to this Agreement shall consist of the Web Payments services, as
set forth on the appropriate order form and shall include:
2.1 Online Payments.
The Service will allow Citizens to make payments and perform
certain other functions via a website or webpage hosted and
maintained by Vendor and/or its agents, accessible by hodink
from Licensee's own website, as set forth in the appropriate
Order Form. Licensee agrees to use only such vendors which are
subject to an agreement between the Licensee and the merchant
services providers, for merchant banking services. For purposes
of the credit card and similar transactions, Licensee shall act as
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WEB PAYMENTS AGREEMENT 1 2009
merchant, and Licensee shall be solely responsible for
maintaining its merchant relationship with such providers, and
for all payments related to that merchant relationship. Such
merchant relationship is subject to the terms of the agreement
signed between Licensee and the vendor and not subject to the
terms and provisions of this Agreement. Licensee agrees to only
use merchant services providers approved by Licensor.
2.2 Software.
Operation of the Service requires installation and maintenance
of Licensed Software on servers maintained by Licensee on
Licensee's premises. As used in this Agreement, the Software is
limited to the most current released version of the licensoi s
payment application, and includes any updates to the Software as
made available by Licensor. The Software does not include new
software applications, substantially new versions of any software
application, or services necessary to implement new applications
or versions of the applications. licensee agrees that licensor
may designate any software application released by Licensor
after the executed Agreement as a new version or a new
application, and those additional fees may be required for any
such new version or application.
2.3 Rights of Access and Use.
licensor grants Licensee a terminable, non-exclusive and non-
transferable right to access and use the Service solely for
Licensee's internal business needs (including access by Citizens
via password protected accounts), subject to the terms and
conditions herein.
2.4 Professional Services.
2.4.1 Statements of Work.
If Licensee desires to engage Licensor to provide Professional
Services, licensee and Licensor shall enter into a Statement of
Work that describes the specific services to be performed by
Licensor. The terms and conditions set forth in this Agreement
apply to all Professional Services rendered by Licensor. If there
is a conflict between the provisions of this Agreement and a
Statement of Work, the relevant provisions of this Agreement
will control unless the Statement of Work expressly provides
otherwise. Following execution of a Statement of Work,
Licensee may request changes to the scope of the Professional
Services described therein by sending to licensor a Change
Order. Licensor will review the Change Order and notify
Licensee in writing of any financial or schedule change required
to implement the Change Order. The Change Order will not be
binding unless agreed upon in writing by both parties.
2.4.2 Performance of Services.
Unless the Professional Services are such that they must be
performed at Licensee's premises, Licensor may perform the
Professional Services at lcensor's or Licensee's place of
business, at lcensor's option. Licensees are responsible for all
travel expenses related to performance of services under this
agreement. licensor will have sole discretion to determine
personnel assigned to perform the Professional Services.
2.4.3 Client Project Coordinator.
Licensee shall designate a Project Coordinator in each Statement
of Work. The Project Coordinator will have the authority to
bind Licensee in all matters with respect to this Agreement and
any Statements of Work, including, without limitation, directing
Licensor to perform work, agreeing to additional work or
changes outside the scope of a Statement of Work, approving all
Licensor delivered services and committing Licensee to pay for
all work the Project Coordinator has directed Licensor to
perform.
2.4.4 Access.
If Professional Services are performed at Licensee's place of
business or via electronic means, Licensee shall provide Licensor
personnel with the necessary access to hardware and other
systems as well as reasonable office space. Licensee warrants that
it owns all right, title and interest in and to, or has full and
sufficient right and authority to use in the manner contemplated
by this Agreement and any Statement of Work, any hardware,
software, programming, materials or data famished or made
available by Licensor to Licensee in connection with Licenser's
performance of this Agreement.
2.4.5 Intellectual Property Rights.
Licensor or its third party providers do and will at all times own
all Intellectual Property Rights related to the Professional
Services, the Deliverables and all documentation related to the
foregoing, provided that upon full payment to Licensor for all
amounts due from Licensee hereunder, licensee will have a
nonexclusive and nontransferable license to use such Deliverables
for its own internal use for the business activities generally carried
out by Licensee. This non exclusive and non transferable license
is only valid while this agreement is in effect. All computer
software and other materials owned by Licensor and used by
Licensor in conjunction with the Professional Services or
incorporated into the Deliverables will belong exclusively to
Licensor or its third party providers, whether or not they were
specifically adapted by licensor for use by Licensee. Any
concepts, ideas, know-how or techniques developed during the
course of this Agreement or any Statement of Work by Licensor,
or jointly by Licensor and licensee, will be the exclusive property
of Licensor.
3. FEES AND PAYMENT
3.1 Fees.
Fees paid by Licensee ate in consideration of the rights of access
and use granted in Section 2, as set forth in the appropriate
Order Form or Statements of Work. The Service Fees do not
include services or goods not expressly described in this
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WEB PAYMENTS AGREEMENT 1 2009
Agreement. Except as otherwise expressly stated herein, all fees
paid hereunder are nonrefundable and will be forfeited on a pro-
rated basis, in the event of cancellation or termination. Licensor
reserves the right to change the Fees as set forth on the
appropriate order form. In addition, Licensee shall reimburse
Licensor for any expenses, including travel expenses incurred in
the performance of Professional Services. Except as specifically
set forth in this Agreement, all fees are non-refundable.
3.2 Payment.
Payments due under this Agreement shall be made in U.S.
currency in the amounts and at the times set forth in the
applicable Order Form or Statement of Work or, if not indicated
therein, within thirty (30) days of the date of invoice. If Licensee
fails to timely pay any amount when due, Licensee shall pay, in
addition, interest at the rate of one and one half percent (11/2%)
per month, but not to exceed the maximum allowed by law, on
such delinquent amount.
3.3 Taxes.
All Fees are exclusive of any sales, value-added, foreign
withholding or other government taxes, dudes, fees, excises, or
tariffs imposed on the production, storage, licensing, sale,
transportation, import, export, or use of the Products or
performance of any services (collectively, "Taxes"). Licensee is
responsible for paying any taxes to the appropriate agency. If the
Licensor is assessed taxes related to services provided under this
agreement, Licensee will be responsible for, and will reimburse
Licensor witlim thirty (30) days of request for, all such Taxes and
any related penalties, except for taxes imposed on Licensoi s net
income.
3.4 Expenses.
Licensee is responsible for all its Internet connection charges,
calling activities and phone bills related to its use of the
Products.
4. CONFIDENTIALITY & OWNERSHIP
4.1 Obligations.
Each party acknowledges that, in the course of the performance
of this Agreement, it may obtain the Confidential Information of
the other party. Confidential Information disclosed pursuant to
this Agreement will be subject to the terms of this Agreement
during the Term of this Agreement and after Expiration or
Termination of this agreement. Recipient shall take all reasonable
steps to prevent the unauthorized disclosure of and maintain the
confidentiality of the Confidential Information of Discloser.
Recipient shall not disclose the Confidential Information of
Discloser to any employees or third parries except to Licensor's
third party providers, employees (including independent
contractors), subsidiaries and consultants of Recipient who have at
least an equivalent confidentiality obligation to Recipient and who
have a need to know such Confidential Information on condition
that Recipient shall be liable for any breach by such individual or
entity. However, the parties acknowledge and agree that,
notwithstanding such measures taken to prevent unauthorized
disclosure, use of or connection to the Internet provides the
opportunity for unauthorized third parties to circumvent such
precautions and illegally gain access to Confidential Information.
Accordingly, Recipient cannot and does not (and nothing in this
Section 4.1 or this Agreement is intended to) guarantee the
privacy, security or authenticity of any information so
transmitted over or stored in any system connected to the
Internet. The Confidential Information disclosed by Discloser
may only be used by Recipient as necessary to perform its
obligations or exercise its rights under this Agreement.
4.2 Client Data.
Licensee shall remain the sole and exclusive owner of all Client
Data All such, Client Data shall be subject to regulation and
examination by the appropriate auditors and regulatory agencies
to the same extent as if such information were on Licensee's
premises.
4.3 Vendor Systems, Service and Confidential Information.
Licensee acknowledges that it has no rights in the Service,
including without limitation any software, systems, artwork,
methods, documentation, guidelines, procedures and similar
related materials or any modifications thereof provided by
Licensor, and including material displayed on any Service
website such as icons, screen displays, and the assembly and
arrangement thereof, except with respect to and as limited by
Licensee's access and use of the same during the term of this
Agreement.
4.4 Exceptions.
The obligations set forth herein will not apply to any information
that is in response to a valid order by a court or other
governmental body, or (ii) otherwise required by law, will not be
considered to be a breach of this Agreement or a waiver of
confidentiality for other purposes; provided, however, that
Recipient will provide prompt written notice thereof to
Discloser to enable Discloser to seek a protective order or
otherwise prevent such disclosure.
5. LICENSEE RESPONSIBILITIES.
Licensee acknowledges that operation of the Service requires
Licensee's effort and cooperation, and that in addition to its
other obligations under this Agreement, Licensee assumes the
following responsibilities.
5.1 Set -Up, Training.
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WEB PAYMENTS AGREEMENT 1 7_009
Licensee shall use its best efforts to facilitate and participate in
Service Set -Up, and afford Licensor reasonable access to
information, equipment and facilities as requested by Licensor.
Licensee shall require all of Licensee's personnel who use the
Service to complete any training prescribed by Licensor at the
time of implementation. Subsequent training of new personnel
after implementation is not included in this agreement.
5.2 Equipment Maintenance.
Licensee shall maintain hardware and software, including non -
Licensor hardware or software, at Licensee's site as
recommended by Licensor for operation and use of the Service.
Licensee, at its expense, shall also maintain its own website,
which shall feature a hotlink icon by which Citizens can access
the Service website or webpage hosted by Licensor. Licensor
may, at its discretion, provide a standard web page that appears
to belong to Licensee but is actually housed on Licensor's
website.
5.3 Account Access, Creation and Termination.
Licensee shall exercise control over account access, creation and
termination, and shall be solely responsible for assigning account
passwords, creating or terminating accounts, allowing Citizens to
open accounts, and for controlling account and password
security. The Service shall restrict access to each Citizen account
to users who enter the assigned account password, but otherwise
Licensor shall not be responsible or liable for controlling access
to or misuse of accounts.
5.4 Monitor and Store Data.
Licensee shall verify account data accuracy on a regular basis,
and assumes sole responsibility for maintaining data backup
systems of systems located at the client site or managed and
maintained but the client. Licensee shall immediately inform
Licensor of any account data inconsistency, errors or cormption.
5.5 Release of Licensee or Citizen Records.
Licensee shall assume responsibility for responding to and
determining the validity of any requests or demands, whether
from a court, a regulatory or other governmental agency, or the
public, for the release of any Licensee or Citizen Records or data
in Licensors control or possession. Licensor shall not release
any such records or data to any party without written
authorization by Licensee, unless compelled to do so by a court
or agency of competent jurisdiction. In the event that Licensor
needs to release client information to defend a claim against
Licensor, Licensor shall inform Licensee of any such required
disclosure prior to disclosure, and seek approval to release
information.
5.6 Citizen Support.
Licensee assumes sole responsibility for providing all support
services to Citizens, and shall be the sole contact for all support
requests from Citizens. Client shall not refer any Citizen to
Licensor directly for support requests, but may communicate
such requests to Licensor together with contact information for
the requesting Citizen. Licensor may, in its discretion, respond
directly to the Citizen or provide a response to Licensee, and
may deem any such response support not covered by regular
Maintenance and Support to be billed as an additional fee to
Licensee at Licensors hourly rates.
5.7 Credit Card Charge -backs.
Licensee assumes liability for, and indemnifies Licensor and its
agents, against any claims or charges by any bank or credit card
company for charge -backs related to any Citizen payment via the
Service, and any claims or charges by any bank or credit card
company for online payment processing fees related to online
payments to Licensee.
6. LICENSOR RESPONSIBLITES
Licensor shall provide support and maintenance related to the
Software on the following terms and conditions:
6.1 Scope of Maintenance.
During the term of this Agreement, Licensot shall provide Basic
Maintenance services in support of the Software. Basic
Maintenance services shall consist of:
6.2 Downtime.
Licensor shall make its best efforts to limit Service downtime
caused by maintenance, upgrades or repairs, to two (2) hours per
incident, and shall make its best efforts to post on the Service
website the expected downtime and the time at which service
will be restored.
6.3 Error Correction.
Licensor will use all reasonable diligence to correct verifiable and
reproducible Errors within a reasonable time period after
reported to Vendor. The Error Correction, when completed,
may be provided in the form of a "temporary fix," consisting of
sufficient programming and operating instructions to implement
the Error Correction.
6.4 Telephone Support.
Licensor shall provide support during normal business hours
(7:00am - S:OOpm PST) that permits Licensee to report Errors in
the Software or Service access and to receive assistance.
Licensor reserves the right to bill hourly (following Licensee's
prior approval) for maintenance in cases of repeated operator
error, or where a single operator error results in substantial effort
by Licensor to resolve the problem.
6.5 Changes in State and Federal Regulations.
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WEB PAYMENTS AGREEMENT 1 2009
Licensor may provide updates needed to conform to state and
federal regulations, including changes to tax tables and routine
forms. Maintenance services under this Agreement do not
include updates to conform to any changes in local
governmental regulations, including without limitation changes
in utility billing rates, reports or methods.
6.6 Routine Releases.
Licensor may, from time to time, issue Routine Releases of the
Software, containing Error Corrections and Enhancements.
Routine Releases will be made available to Licensees who have
subscription agreements in place, as soon as reasonably possible,
at times and on conditions to be established by Licensor.
Licensor reserves the right to designate any Release as routine or
non -routine.
6.7 Exceptions
The following matters are not covered by Basic Maintenance,
and are outside the scope of services provided pursuant to this
Agreement:
6.7.1 Onsite support by employees or agents of Licensor;
6.7.2 Training users in the proper operation of the Software
and the Service;
6.7.3 Any problem resulting from Licensee's misuse, improper
use, alteration, or damage of the Software, unless
approved by Licensor in writing;
INDEMNIFICATION.
7.1 By Licensee.
In addition to indemnification pursuant to Section 5.7., Licensee
shall indemnify and hold Licensor harmless from and against any
clams, demands, causes of action, debt or liability, including
reasonable attorneys' fees (the "Claims"), to the extent that the
Claims are based upon:
7.1.1 the protection or disclosure of, or any request or demand
to view, any account or payment records, data or
information (other than disclosures caused solely by
Licensor acting other than upon Licensee's instructions,
including without limitation instructions regarding
applicable laws or regulations);
7.1.2 compliance with any laws or regulations requiring
disclosures to any Citizen; and
7.1.3 Acts of Licensee using the Services in breach of law or
regulation, or contrary to any term of this Agreement.
7.1.4 Willful misconduct or Gross Negligence of Licensee
7.2 By Licensor.
Licensor shall indemnify and hold Licensee harmless from and
against any clams, demands, causes of action, debt or liability,
including reasonable attorneys' fees (the "Claims"), to the extent
that the Claims are based upon;
7.2.1 A claim that any of the website content provided solely
by Licensor infringes or violates any intellectual property
rights of any Hurd party; or
7.2.2 Willful misconduct or gross negligence of Licensor.
7.2.3 A claim resulting from Third Party Vendors failure to
maintain Payment Card Industry Data Security
Association Requirements (PCI)
7.2.4 A claim resulting from Third Party Vendors failure to
maintain appropriate compliance with 2003 Fair and
Accurate Credit Transactions Act Sections 114 and 315.
8. TERM; DEFAULT; RENEWAL.
8.1 Term.
This Agreement is effective upon execution and shall continue
for a term as set forth in the order form, (the "Initial Term").
This agreement will automatically renew at the end of the Initial
Term or a subsequent term for a period of 12 months. The
Client must notify the vendor within 30days of the end of a
Term that they wish to terminate this agreement.
8.2 Termination
Either party may terminate this Agreement upon delivering
notice of termination for any material breach of this Agreement
by the other, provided such notice;
8.2.1 sets forth the grounds for termination, and;
8.2.2 gives the breaching party thirty (30) days to cure the
breach, and;
8.2.3 Notwithstanding that a party gives notice of termination,
such termination shall not be effective if the breach is
cured prior to expiration of the thirty (30) day notice
period, and the temunating party is notified of the cure
within the notice period.
8.3 Renewal
Effective upon the expiration of the Initial Term, and the
expiration of each Renewal Term (as defined herein) thereafter,
this Agreement shall be automatically renewed for successive
Terms of 12 months each (each such successive term a "Renewal
Term"), unless contrary notice is given by either party at least
sixty (60) days prior to the expiration of the initial term.
9. LIMITED WARRANTY AND EXCLUSIONS.
LICENSOR WARRANTS THAT IT HAS TITLE TO THE
INTELLECTUAL PROPERTY USED IN THE SERVICE
Page 5 1 Web Payments Agreement - Version 5-24-09
(&.springbrook
WEB PAYMENTS AGREEMENT 1 2009
AND THAT IT HAS AUTHORITY TO GRANT THE
RIGHT OF ACCESS AND USE HEREIN TO LICENSEE.
LICENSOR ALSO WARRANTS THAT, DURING THE
TERM OF THIS AGREEMENT, THE SOFTWARE WILL
FUNCTION IN CONFORMITY WITH THE
DESCRIPTION AND SPECIFICATIONS CONTAINED IN
THIS AGREEMENT AND THE ATTACHMENTS
HERETO, AND THAT ALL SERVICES RENDERED
HEREUNDER SHALL BE PERFORMED IN A GOOD
AND WORKMANLIKE MANNER. VENDOR MAKES NO
WARRANTY REGARDING THE USABILITY OR
CONVERTABILITY OF ANY OF LICENSEE'S PRE-
EXISTING DATA. LICENSEE AGREES THAT THE
FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES OF LICENSOR AND LICENSOR
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE, THAT THE
OPERATION OF THE SERVICE WILL BE FREE FROM
ERRORS OR INTERRUPTION, OR THAT THE
LICENSEE DATA WILL, BE FREE FROM CORRUPTION
OR LOSS.
10. LIMITATION OF REMEDIES AND LIABILITY;
EXCLUSION OF CONSEQUENTIAL DAMAGES.
The cumulative liability of Licensor to Licensee for all claims
relating to the Software and any services rendered hereunder, in
contract, tort, or otherwise, shall not exceed the total amount of
the Fees, as set forth in the order form paid to Licensor during
the six (6) months immediately preceding the date Licensee
informs Licensor of the claim. Licensoes liability for breach of
warranty exists only during the warranty period set forth in
Section 9. In no event shall Licensor be liable for any
consequential, indirect, special or incidental damages (including,
without limitation, damages for loss of business profits, business
interruption, loss of business information, or other pecuniary
loss), whether arising out of contract, tort, warranty or
otherwise. The foregoing limitation of liability and exclusion of
certain damages shall apply regardless of the success or
effectiveness of other remedies, and applies to claims pursuant
to the limited warranty created under this Agreement.
11. GENERAL
11.1 Taxes.
In addition to the Service Fees and other fees payable hereunder,
Licensee shall be liable for any federal, state, county, local or
other governmental taxes, duties and excise taxes, now or
hereafter applied on the use of the Service including sales tax,
use tax, value added tax or similar tax.
11.2 Entire Agreement.
This Agreement, including the Product Addenda and any Order
Forms or Statements of Work, constitutes the entire agreement
between the parties and supersedes all previous and
contemporaneous agreements, understandings and arrangements
with respect to the subject matter hereof, whether oral or
written.
11.3 Amendment.
This Agreement may be amended or supplemented only by a
writing that refers explicitly to this Agreement and that is signed
by both parties.
11.4 Waiver.
No term or provision hereof will be considered waived by either
party, and no breach excused by either party, unless such waiver
or consent is in writing signed on behalf of the party against
whom the waiver is asserted. No consent by either party to, or
waiver of, a breach by either party, whether express or implied,
will constitute a consent to, waiver of, or excuse of any other,
different, or subsequent breach by either party.
11.6 Severability.
If any provision of this Agreement is held to be invalid or
unenforceable for any reason, the remaining provisions will
continue in full force without being impaired or invalidated in
any way. The Parties agree that any invalid provision will be
deemed to be restated so as to be enforceable to the maximum
extent permissible under law consistent with the original intent
and economic terms of the invalid provision.
11.6 Relationship of Parties.
The parties to this Agreement are independent contractors.
There is no relationship of agency, partnership, joint venture,
employment or franchise between the parties. Neither party will
have, and will not represent that it has, any power, right or
authority to bind the other party, or to assume or create any
obligation or responsibility, express or implied, on behalf of the
other party or in the other parry's name.
11.7 Non -Exclusive Relationship.
This Agreement is non-exclusive. Each party will be free to enter
into other similar agreements or arrangements with other third
parties.
11.8 Assignment.
Neither party will indirectly or directly transfer or assign any
rights under this Agreement, in whole or part, without the prior
written consent of the other party. Notwithstanding the
foregoing, the Licensor may, without the prior written consent
of the other party, assign this Agreement to a subsidiary or
affiliated entity as part of a divestiture, corporate reorganization
or consolidation or to another party in connection with a
merger, acquisition, or sale of substantially all assets or stock to
which this Agreement relates, provided the successor agrees in
writing to assume all of the assigning party's obligations
Page 6 1 Web Payments Agreement - Version 5-24-09
WEB PAYMENTS AGREEMENT 1 2009
((Springbrook
hereunder. Any assignments contrary to this Section 11.7 will be
void. Subject to the foregoing, this Agreement will bind and
inure to the benefit of the parries and their respective successors
and permitted assigns.
11.9 Compliance With Laws.
Each party shall be responsible for its own compliance with
laws, regulations and other legal requirements applicable to the
conduct of its business and this Agreement, and agrees to
comply with all such laws, regulations and other legal
requirements.
11.10 Force Majeure.
Except for Licensee's payment obligations under this
Agreement, neither party will be liable for any failure or delay m
performance under this Agreement which might be due in whole
or in part, directly or indirectly, to any contingency, delay, failure,
or cause of, any nature beyond the reasonable control of such
party. Such causes include, without in any way limiting the
generality of the foregoing, fire, explosion, earthquake, storm,
flood or other weather, unavailability of necessary utilities or raw
materials, power outage, strike, lockout, unavailability of
components, activities of a combination of workmen or other
labor difficulties, war, act of terrorism, insurrection, riot, act of
God or the public enemy, law, act, order, export control
regulation, proclamation decree, regulation, ordinance, or
instructions of government or other public authorities, or
judgment or decree of a court of competent jurisdiction (not
arising out of breach by such party of this Agreement). If,
however, a party's performance is prevented for ninety (90) days
or more, then the other party will be entitled to terminate this
Agreement on written notice to the party suffering the force
majeure at any time prior to resumption of performance by the
party suffering the force majeure.
11.11 Inspections.
Licensee will permit Licensor or its representatives to review
Licensee's relevant records and inspect Licensee's facilities and
systems to ensure compliance with the Agreement, approrpate
Order Forms or Statements of work. Licensor will give Licensee
at least ten (10) days advance notice of any such inspection and
will conduct the same during normal business hours in a manner
that does not unreasonably interfere with Licensee's normal
operations.
11.12 Governing Law.
This Agreement will be governed by and construed under the
laws of the United States, the State of Oregon, and Multnomah
County. This Agreement will be deemed to have been made and
entered into in Multnomah County, Oregon.
11.13 Dispute Resolution and Jurisdiction.
The parties will attempt to resolve any dispute relating to this
Agreement by good faith negotiation between business
principals. Thereafter, the parties will submit their dispute to a
mutual agreed to Judicial Arbitror and Mediator
11.14 Attorneys Fees.
In the event any attorney is employed by any party to this
Agreement with regard to any legal action, arbitration or other
proceeding brought by any party for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any of the provisions of
this Agreement, then the party or parties prevailing in such
proceeding, whether at trial or upon appeal, will be entitled to
recover reasonable attorneys' fees and other costs and expenses
incurred, in addition to any other relief to which it may be
entitled.
11.15 Notices.
All notices, consents, and approvals under this Agreement must
be delivered in writing by courier, by overnight mail service or
by certified or registered mail, (postage prepaid and return
receipt requested) to the other party at the address set forth
beneath such party's signature and will be effective upon receipt.
Either party may change its address by giving written notice of
the new address to the other party.
11.16 Press Release.
In the event that Licensor wishes to issue a press release
announcing the existence of the relationship between the parties
and the nature of this Agreement, Licensor will provide such
press release to Licensee for Licensee's written approval and
consent. Such approval and consent will be in Licensee's sole
discretion. No other press releases that mention the other party
shall be issued without the other party's prior written approval.
Licensee agrees to allow Licensor to list client as a customer.
11.17 Construction of Agreement.
This Agreement has been negotiated by the respective parties
hereto and their attorneys and the language hereof will not be
construed for or against any party. The tides and headings herein
are for reference purposes only and will not in any manner limit
the construction of this Agreement, which will be considered as
a whole.
11.18 Counterparts and Electronic Signatures,
This Agreement may be executed in one or more counterparts,
each of which will be deemed an original and all of which will be
taken together and deemed to be one instrument. Each party
agrees that electronic or facsimile signatures of authorized
representatives of either party will be binding for the purposes of
executing this Agreement.
Page 7 1 Web Payments Agreement - Version 5-24-09
�(,Springbrook
WEB PAYMENTS AGREEMENT 1 2009
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed in duplicate by its duly authorized officer or
representative.
Licensor
By:
Name
Title:
Date:
Licensee
By:
Signature:
Name (Pr
Title:
2009 Date:
2009
Page 8 Web Payments Agreement - Version 5-24-09
MOT r1ngbrook WebPaymetitsOrderFortn 12009
Springbrook Software, Inc.
Web Payments Order Form
Citizen will charged $1.00 transaction fee to use the web payment service for each transaction performed through the web payment
service. Client may opt to pay this fee in lieu of the citizen paying the fee.
Services not specifically identified by this Order Form, or identified in the Springbrook Software as Service Agreement, And Addenda
are considered out of scope and may incur additional costs.
This order form is issued pursuant to the terms and conditions set forth in the Springbrook Web Payments Agreement and addenda
thereto. Client also agrees that services not defined in this agreement or order form may incur additional costs. By signing below the
client agrees by the terms of this order form and the agreement referenced above.
LICENSOR:
By: By:
Signature: Signature
Name (Print):
Title:
LICENSEE:
Name (Print):
Title:
Page 2 1 Web Payments Order Form - Ver 5-24-09
Registration
To participate in the Visa Utility Interchange Reimbursement Fee
Program, the Merchant must apply through the Merchant's
Acquirer(s) and the Acquirer(s) must register the merchant using
the attached Utility Merchant Registration Form. If a merchant
has multiple Acquirer relationships, each Acquirer must
separately register the merchant using the registration form.
Acquirers should contact their Visa Sales Director for more
information about program requirements and eligibility.
This form is required when adding a new merchant to the
program, deleting a merchant from the program, or changing an
existing registration.
Questions regarding the registration process can be posted to
VisaUtilitvSolulions(c .visa.com or call 800-847-2103.
Change in Acquiring Relationship
Acquirers must submit a properly completed Utility Program
registration form to notify Visa of a change in the acquiring
relationship with a merchant that has been assigned an MVV to
continue to qualify for the program without interruption.
Timing
Registration of new merchants and any changes to existing
registrations can take up to 45 days following receipt of a
properly completed registration form due to possible system
unavailability for scheduled maintenance and enhancements.
Note: Insufficient notice of additions or changes may lead to
returned transactions and missed clearing timelines, which
may result in significant financial loss.
Form Submission
Please fax this form to (650) 554-3961
or mail this form to
Visa U.S.A. Inc.
Attn: InterchangeNUIRF Program
P.O. Box 8999, Mt-7C
San Francisco, CA 94128-8999
Eligible Merchant Category Code
Utility payment transactions submitted by participating merchants
must include a Merchant Category Code (MCC) of 4900 to be
Identification of Consumer Utility Transactions
Utility transactions must meet the processing rules associated
with one of the eligible Custom Payment Service Programs
defined in the U.S. Interchange Reimbursement Fee Rate
Qualification Guide to qualify for the new Utility Interchange
Reimbursement Fee:
In addition, the utility merchant will be assigned a unique
Merchant Verification Value (MVV) once the registration form
has been submitted to Visa. The registered MVV/Acquirer BIN
combination(s) must be included in all consumer Visa Utility
Interchange Reimbursement Fee Program clearing transactions
in order to be eligible for the Utility Interchange Reimbursement
Fee.
Eligibility Requirements
By signing the VUIRF registration form, Acquirers certify that
merchants they are registering meet the following requirements:
• Not charge cardholders fees of any type for Visa transactions
regardless of payment channel (face to face, online, etc),
merchant ID, Acquirer/Processor or Biller. (Similarly, a third -
party processor or bill service provider acting as a vendor to
the utility may not charge cardholders any fees for Visa
transactions.)
• Accept Visa as a means of payment
• Comply with all Visa Operating Regulations (including visual
representation of Visa Flag Symbol or Visa wordmark on
merchant Web site).
• Feature the opportunity to pay with Visa at least as prominently
as all other payment methods.
• If capable of accepting recurring payments, pass the recurring
payments indicator on all recurring transactions.
• Pass the bill payment indicator on all bill payment transactions.
In addition, by signing the VUIRF registration form, Acquirers
certify that they have executed an acceptance contract with the
utility merchant, fully explained all requirements to the merchant,
and that:
Less favorable interchange rates will apply if all eligibility
requirements are not met now and in the future.
The utility may choose to accept Visa debit products, Visa
credit products, or both debit and credit products.
Visa may disclose publicly, including to Visa cardholders,
that the utility accepts Visa as a form of payment.
Visa reserves the right to disqualify merchants from participation
in, or to modify or discontinue the Visa Utility Interchange
Reimbursement Fee Program.
Program Compliance
In the event that a participating merchant does not comply with
all Program requirements, including the eligibility requirements
as set forth above, Visa may provide the respective Acquirer
Member(s) written notice of corrective actions necessary to bring
the participating merchant back into Program compliance. The
merchant will have fifteen (15) business days (the "Remedy
Period") from the date of Visa's notice to demonstrate
compliance with all Program requirements. If the merchant does
not satisfy all Program requirements by the end of the Remedy
Period, Visa may suspend the merchant's participation in the
Program, including the removal of the MVV from such merchant's
Visa transactions. A merchant may request reinstatement in the
Program upon satisfactory compliance with the Program
requirements, as determined by Visa.
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4E Meeting Date: January 26, 2010
Subject: Adoption of Resolution No. oo6-ro, Prepared by: Allan J. Martin
Authorizing an Inter -Fund Loan City Treasurer
Between the Cumulative Reserve Atty Routing No: NA
for Municipal Facilities Fund and the Atty Review Date: NA
Current Expense Fund
Summary: Although the City accomplishes a balanced budget in 2010 significant cash flow challenges
remain. The two largest revenue sources for current expense are sales tax and property tax, with property
tax collection receipts spiking in May and November. This forms the traditional "W" cash flow cycle
experienced by governments in Washington. Under current economic conditions it is possible that current
expense could experience a month end negative balance prior to the lion's share of property tax collection.
Treasurer staff monitors cash flow on a daily basis to make sure adequate liquidity exists for honoring and
paying warrants. However, ending the month in the black can be problematic because sales tax collections
from the state are not remitted until the last day of the month, and property tax is remitted on the lot], of the
following month. The interfund loan will be used to provide adequate liquidity for Payroll and Claims.
For these purposes it may be necessary to facilitate a temporary borrowing in an amount not to exceed
$500,000, for the City to meet its ongoing Current Expense Fund obligations.
The Cumulative Reserve for Municipal Facilities Fund has non -obligated funds in excess of $50o,000, and
may be used for a temporary interfund loan. There must be a reasonable rate of interest paid to the lending
fund, which is currently invested in the State's Investment Pool, and is earning approximately .24%. The
loan will be temporary in nature and not exceed 13 months from the date it is drawn upon.
Recommendation: The Finance Committee requested staff to bring forward and recommends the Council
adopt Resolution No. oo6-lo authorizing an inter -fund loan transfer from the Cumulative Reserve for
Municipal Facilities Fund to the Current Expense Fund.
Motion for consideration: I move to adopt Resolution No. oo6-io, authorizing the City Treasurer to make
an inter -fund loan transfer as necessary from the Cumulative Reserve for Municipal Facilities Fund to the
Current Expense Fund in an amount not to exceed $500,000.
Fiscal Impact: In order to meet Current Expense Fund obligations it is necessary to provide for an
inter -fund loan. It is anticipated that the loan, plus applicable interest, will be temporary in nature and will
not exceed 13 months from the date it is drawn upon.
Attachments: Resolution No. oo6-ro
Introduced by: City Treasurer
Requested by: City Treasurer
Drafted by: City Treasurer
Introduced: January 26, 2010
Adopted:
RESOLUTION NO. oo6-io
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE CITY TREASURER TO
MAKE AN INTER -FUND LOAN TRANSFER BETWEEN THE
CUMULATIVE RESERVE FOR MUNICIPAL FACILITIES FUND
AND THE CURRENT EXPNENSE FUND
WHEREAS, on December 8, 2009, the City Council adopted Ordinance No. 029-09,
adopting the 2010 Budget; and
WHEREAS, the City receives a large share of its property tax revenues in May and
November; and
WHEREAS, the City's cash flow between expenditures and revenue collections is not
consistent; and
WHEREAS, the City needs up to $500,000. from the Cumulative Reserve for
Municipal Facilities Fund for the purpose of temporarily covering expenses in the Current
Expense Fund; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The City Treasurer is hereby authorized to make an inter -fund loan
transfer throughout budget year 2010 up to $500,000, from the Cumulative
Reserve for Municipal Facilities Fund to the Current Expense Fund for the
purpose of providing for expenditures, as necessary, pending receipt of property
taxes, provided the entire loan amount is repaid with interest, be temporary in
nature, and not exceed 13 months from the date it is first drawn upon. Any such
loan transfer and loan repayment shall be reported to the Mayor, Council Finance
Committee, and City Council.
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 26th day of January 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
PROCLAMATION
WHEREAS, the arts enhance life i
attracting tourism, enriching communities,
education of our children; and
n Port Orchard by improving the economy,
uplifting our spirits, and contributing to the
WHEREAS, research shows that the arts education helps students develop
critical 21st century skills and supports learning in other core subjects; and
WHEREAS, arts and creativity are essential to attract and retain the creative
and innovative workforce necessary to ensure Washington's strength in the global
economy; and
WHEREAS, arts organizations and artists are active and creative partners as
communities develop civic amenities to ensure vibrant and livable communities and a
high quality of life for all residents of Port Orchard.
WHEREAS, since 1961, the Washington State Arts Commission has
strengthened the arts for the benefit of all residents today and into the future;
NOW THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, do
hereby proclaim February 2, 2olo, as
Arts Day
I, Lary Coppola, Mayor in Port Orchard and encourage all citizens to celebrate the arts.
Signed this 26th day of January 2010,
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. Public Hearing 6A
Subject: Department of Ecology Stormwater
Management Manual for Western
Washington
Meeting Date: January 26, 2010
Prepared by: Andrea Archer, P.E.
Assistant City Engineer
Atty Routing No: N/A
Atty Review Date: N/A
Summary: In January of 2007, the Washington State Department of Ecology issued a National
Pollutant Discharge Elimination System (NPDES) Phase II municipal storm water permit to the
City of Port Orchard under its delegated authority to implement requirements of the Federal
Clean Water Act. Under this permit the City is required to adopt a stormwater manual for site
planning process and Best Management Practice (BMP) selection and design replacing the
current stormwater manual for Port Orchard. To meet this requirement the City is proposing to
adopt the 2005 Department of Ecology Stormwater Management Manual for Western
Washington.
The site planning process and BMP selection and design criteria will protect water quality and
reduce the discharge of pollutants to the maximum extent practicable through all known,
available and reasonable methods of prevention, control and treatment prior to discharge.
The proposed manual addresses all of the items required by the City's NPDES permit.
Recommendation: Staff recommends that the City Council open a public hearing for public
comment regarding the adoption of the 2005 Department of Ecology Stormwater Manual for
Western Washington.
Fiscal Impact: None.
Alternatives: None.
Attachments: None.
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 Resolution No. 004-10,
Authorizing the Mayor to
Administratively Adopt the 2005
Department of Ecology Stormwater
Management Manual for Western
Washington
Meeting Date: January 26, 2010
Prepared by: Andrea Archer, P.E.
Assistant City Engineer
Atty Routing No: N/A
Atty Review Date: N/A
Summary: In January of 2007, the Washington State Department of Ecology issued a National
Pollutant Discharge Elimination System (NPDES) Phase II municipal storm water permit to the
City of Port Orchard under its delegated authority to implement requirements of the Federal
Clean Water Act. Under this permit the City is required to adopt a stormwater manual for site
planning process and Best Management Practice (BMP) selection and design replacing the
current stormwater manual for Port Orchard. To meet this requirement the City is proposing to
adopt the 2005 Department of Ecology Stormwater Management Manual for Western
Washington.
The site planning process and BMP selection and design criteria will protect water quality and
reduce the discharge of pollutants to the maximum extent practicable through all known,
available and reasonable methods of prevention, control and treatment prior to discharge.
The proposed manual addresses all of the items required by the City's NPDES permit.
Additionally, Staff would like to request that the Manual be administratively adopted, thus
allowing the Public Works Director to change the Manual when necessary.
Recommendation: Staff recommends that the City Council authorize the Mayor to sign
Resolution No. 004-1o, administratively adopting the 2oo5 Department of Ecology Stormwater
Manual for Western Washington to take effect on February 15, 2010.
Motion for consideration: I move to adopt Resolution No. 004-10, authorizing the Mayor to
administratively adopt the 2oo5 Department of Ecology Stormwater Manual for Western
Washington to take effect on February 15, 2010.
Fiscal Impact: Budgeted item for 2010 within the Storm Drainage Utility
Alternatives: Council has the option to adopt another manual that meets the requirements of
the NPDES Permit; however, this is not Staffs recommendation.
Attachments: Resolution No. 004-10
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 004-10
Assistant City Engineer
Assistant City Engineer
Assistant City Engineer
January 26, 2010
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
ADMINISTRATIVELY ADOPT THE 2005 DEPARTMENT OF
ECOLOGY STORMWATER MANAGEMENT MANUAL FOR
WESTERN WASHINGTON.
WHEREAS, to meet the National Pollutant Discharge Elimination System
(NPDES) Permit requirements for stormwater, the City will need to adopt a new
manual;
WHEREAS, the City of Port Orchard is required to adopt a new stormwater
manual that meets or exceeds the 2005 Department of Ecology Stormwater
Management Manual for Western Washington;
WHEREAS, Staff has recommended replacing the existing City of Port Orchard
Stormwater Design Manual with the 2oo5 Department of Ecology Stormwater
Management Manual for Western Washington;
WHEREAS, Staff requests the 2005 Department of Ecology Stormwater
Management Manual for Western Washington be administratively adopted, allowing
the Public Works Director to make changes to the manual; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to administratively adopt
the 2oo5 Department of Ecology Stormwater Management Manual for
Western Washington, thus allowing the Public Works Director to make
future changes to the manual. The manual shall take effect on February
r5, 2010.
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 26th day of January 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, 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. Business Item
Subject: Adoption of Resolution No. 005-10,
Authorizing the Mayor to
Administratively Adopt the Kitsap
LID Guidance Manual
Meeting Date: January 26, 2010
Prepared by: Andrea Archer, P.E.
Assistant City Engineer
Atty Routing No: N/A
Atty Review Date: N/A
Summary: In January of 2007, the Washington State Department of Ecology issued a National
Pollutant Discharge Elimination System (NPDES) Phase II municipal storm water permit to the
City of Port Orchard under its delegated authority to implement requirements of the Federal Clean
Water Act. Under this permit the City needs to make provisions to allow non-structural
preventative actions and source reduction approaches for Low Impact Development (LID)
Techniques. The goals of LID are to maintain or more closely approximate pre -developed surface
flow volumes and durations.
In September the Homebuilder's Association presented the Kitsap LID Guidance Manual to the
Council. The City is required to provide for LID techniques through the National Pollutant
Discharge Elimination System permit. With this in mind, Staff would like to adopt the Kitsap LID
Guidance Manual for uniformity of installation of LID on projects.
Additionally, staff would like to request that the Manual be administratively adopted, thus allowing
the Public Works Director to change the Manual when necessary.
Recommendation: Staff recommends that the City Council authorize the Mayor to sign Resolution
No. 005-10, administratively adopting the Kitsap LID Guidance Manual to take effect on February
15, 2010.
Motion for consideration: I move to adopt Resolution No. 005-1o, authorizing the Mayor to
administratively adopt the Kitsap LID Guidance Manual to take effect on February 15, 2010.
Fiscal Impact: Budgeted item for 2010 within the Storm Drainage Utility
Alternatives: Council has the option to reject the adoption of this manual; however, this is not
staffs recommendation.
Attachments: Resolution No. 005-10
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 005-10
Assistant City Engineer
Assistant City Engineer
Assistant City Engineer
January 26, 2010
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
ADMINISTRATIVELY ADOPT THE KITSAP LID GUIDANCE
MANUAL.
WHEREAS, to meet the National Pollutant Discharge Elimination System
(NPDES) Permit requirements for stormwater, the City will need to allow for the use of
Low Impact Development (LID) Techniques;
WHEREAS, the Kitsap Homebuilders Association presented the manual at the
work study in September;
WHEREAS, Staff recommends adopting the Kitsap LID Guidance Manual to
meet this permit requirement and provide uniform information to designers and
developers;
WHEREAS, Staff requests the Kitsap LID Guidance Manual be
administratively adopted, allowing the Public Works Director to make changes to the
manual; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to administratively adopt
the Kitsap LID Guidance Manual, thus allowing the Public Works
Director to make future changes to the manual. The manual shall take
effect on February 15, 2010.
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 26th day of January 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, 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. Business Item 7C Meeting Date:
Subject: Adoption of Resolution No. oo8-1o, Prepared by:
Repealing Resolution No. 003-08,
And Reestablishing Council Atty Routing No:
Committee Assignments and Rules Atty Review Date:
January 26, 2010
Patti Kirkpatrick, CMC
Citv Clerk
NA
NA
Summary: Council members discussed reorganization of Council Committees during their January 19,
2010, Work Study Session. Council directed staff to prepare a resolution reestablishing the following
committees:
Finance (continue to investigate and recommend policy on the subject and issues that
have been historically assigned to this committee)
Utilities (continue to investigate and recommend policy on the subject and issues that
have been historically assigned to this committee)
Public Property (continue to investigate and recommend policy on the subject and
issues that have been historically assigned to this committee)
Tourism (includes Festival of Chimes and Lights, Lodging Tax matters, and other public
events and tourism related issues)
Further, the Council directed Councilmembers would serve on the Committees as outlined in Resolution
No. oo8-1o.
Recommendation: Staff recommends adoption of Resolution No. oo8-ro, reestablishing following
committees: Finance, Utilities, Public Property, and Tourism; and appointing Committee chairs and
members.
Motion for consideration: I move to adopt Resolution No. oo8-io, repealing Resolution No. 003-o8, and
reestablishing the City Council Committees assignments and rules.
Fiscal Impact: None.
Alternatives: Deny the motion and leave the committees as the currently stand.
Attachments: Resolution No. oo8-10
Introduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Introduced:
January 26, 2010
Adopted:
RESOLUTION NO. oo8-io
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING RESOLUTION NO. 003-o8, AND
REESTABLISHING COUNCIL COMMITTEE ASSIGNMENTS
AND RULES
WHEREAS the City of Port Orchard is governed by an elected Mayor and seven
City Council members; and
WHEREAS, the City Council established certain select committees to
investigate and recommend policy to the full Council; and
WHEREAS, the Council formerly updated committees by Resolution No. 003-
o8; and
WHEREAS, the Council now desires to update committees and amend the rules
governing the assignment of Council members to select committees by Resolution; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
THAT:
THAT:
established:
Committees
Finance
Public Property
Tourism
Hotel/Motel Tax
Utilities
SAC
KRCC
KRCC Transpol
KEDA
PSRC
Resolution No. 003-08, is hereby repealed in its entirety.
The following Council committees are hereby continued or
Chair
Clauson
Olin
Childs
Chang
Putaansuu
Putaansuu
Kitsap Housing Authority
Kitsap County Health
Committee Members
Putaansuu and Childs
Powers and Chang
Colebank and Chang
Clauson and Olin, Colebank as alternate
Clauson and Olin, Colebank as alternate
Powers, Colebank as alternate
Powers, Colebank
Colebank
Colebank
Putaansuu
Clauson
Resolution No. 006-10
Page 2 of 2
AND FURTHER THAT: Implementation of the new committee
structure set forth above shall not become effective until the first business day
following the February 5, 20o8 Council study session and the appointment of
Council Members to the newly created committees.
AND FURTHER THAT: Until such time as the new committees are
implemented, the current committees shall remain in effect and newly elected
Council Members shall serve on the committees to which their Council
predecessors were appointed.
AND FURTHER THAT: At a regular Council meeting in January of each even
numbered year, the City Council shall establish the responsibilities of each
committee, and the committee membership.
PASSED by the City Council of the City of Port Orchard, APPROVED by the
Mayor and attested by the Clerk in authentication of such passage this 26th day of
January 26, 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, 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. Business Item 7D
Subject: Authorization to Issue RV Parking
Permit Exemption
Meeting Date:
Prepared by:
Atty Routing No:
Atty Review Date:
January 26, 2010
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Summary: Mr. Marvin Rowan, 132 Rockwell Avenue, has submitted a request for exemption of his RV
parking permit for a 1985 Chevy Allegro 27 foot Motor Home, License No. 662 XZY, which was previously
exempted for the past five years.
Port Orchard Municipal Code 1o.18.050 sets forth the criteria for allowing an RV exemption. The Public
Property Committee met on January 14, 2o1o, and reviewed the criteria for exemption and recommend the
Council approve the requested RV exemption permit with the following conditions:
1. Issue a one-year RV Exemption Permit to expire December 31, 2010. Mr. Rowan has been issued an
exemption for his motor home for the past 12 years. The Committee was hesitant to continue allowing
RV's to park in the City's rights -of -ways, and determined a one-year permit would allow the Council
time to determine whether or not to continue allowing exemptions for parking of boats, boat trailers,
and RV's; as well as notification of any changes to other current RV permit holders.
2. Direct the Public Property review Port Orchard Municipal Code 1o.18, as it pertains to RV Exemptions
and bring forth a recommendation to the Council; or direct staff to bring forward an ordinance
amending POMC 1o.18 repealing Sections 10.18.04o and 1o.18.050, which deal with issuance of RV
exemption permits.
Recommendation: Based on the Public Property Committee's recommendation, staff requests the Council
authorize issuance of a recreational vehicle parking permit exemption to expire when the vehicle is sold or
no later than December 31, 2010.; and to further direct the Public Property Committee to review and make
recommendations to the Council regarding POMC 1o.18 relating to exemption permits for boats, boat
trailers, and recreational vehicles.
Motion for consideration: I move to authorize the issuance of a recreational parking permit exemption to
Malvin Rowan for a 1985 Chevy Allegro, 27 foot Motor Home, License No. 662 XZY, to expire when the
vehicle is sold or no later than December 31, 2010.
Second Motion for consideration: I move to authorize the City Clerk prepare an Ordinance amending Port
Orchard Municipal Code 1o.18 repealing sections 10.18.04o and 1o.18.05o exemption permits for boats,
boat trailers, and recreational vehicles.
Fiscal Impact: None.
Alternatives: Not approve the exemption and provide direction to staff.
Attachments: Exemption Permit Application
Title to.t8 Parking of Boats, Boat Trailers, and Recreational Vehicles
CITY OF PORT ORCHARD
a 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 9 FAX (360) 895-9029
Exemption Application
This application to be used for exemption from Port Orcha d, r
Municipal Code 10.18 as prescribed by Resolution No 2045. A
0 i ,
The following information must t:'irY be provided: Or P,
/�)yin/ 9, /i 6AI&/ CfIY(ie�KS p !Ic_t,
NAME OF PROPERTY OWNER
i32--/s'oakuig4G i9Ur,
STREET ADDRESS
)J4/P7- y83��
MAILING ADDRESS
Recreational Vehicle or Trailer Information:
1%,5,- 6/fr_y I -44L-f 00 -'Z'2 MyTy/Pho/✓/�
YEAR MAKE MODEL DESCRIPTION
66z Xzv ���
LICENSE NUMBER '
Street / Right of Way Information:
Width of pavement 3 S i=D 6T dNi✓�o.�TuN s
Width of right of way
Describe how long the trailer or recreational vehicle will be parked on the right -of -
Please attach a description showing where the proposed parking
is in regards to mail boxes, driveways, and intersections.
Please see reverse side Revised: Oct 2008
Petition of Neighbors: (the undersigned support the approval of an exemption for the
described, boat, boat trailer or recreational vehicle as indicated on the reverse side)
Printed Name Address Phone Number Signature
Y1ar 115 6accv ioa I/ Mov%r-, 5f' &P-v��-4yaL/ n
v c 62-V K40YI01A YL 3�0-`f -bY
m�.��,__ r:,(asa,.• ID��, Dtio�1�.,— i� 3�� R74� _ �LS�RIJ� �_ ,-,__.
-%/>!' /OFs/ oF_.vis Ai /07.0 /iJD/F% off/ n/c% ffv/J�j�LF/6LL� 7-0S/9N,
V,-- �rr?s.9-r"dioL� 7WA--AIW647-i44
City Date Stamp
For City Use Only
Date to Public Property Committee:
Public Property Committee Recommendation:
City Council Meeting:
Council Decision:
Permit Expiration Date:
CITY OF PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 876-4991 • Fax: (36o) 876-4980
planning@cityofportorchard.us
www.cityofportorchard.us
Chapter 16 Land Use Regulatory Code
Business Professional Uses:
An update to the Title 16 of the City of Port Orchard Land Use Regulatory Code was conducted
in 2009 and approved by the Port Orchard City Council on December 22, 2009 via Ordinance
010-09. Public Input was collected at the Planning Commission meetings on January 26`h,
February 23`d, March 23`d, at a Planning Commission Public Hearing on April 20", 2009.
Additionally, a City Council Public Hearing on the Title 16 LURC 2009 update was held on
November 24'h. 2009.
During the Council approval of Ordinance 010-09 significant discussion was raised regarding
the Port Orchard Planning Commission recommended land uses for the new Business
Professional Zone that was created as part of the 2008 Comprehensive Plan Update. At that
time, staff was directed to work with the Planning Commission to reexamine the Land Use
tables for the Business Professional Zone.
POMC Chapter 16.13.200 "Purpose: 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 "
Port Orchard 2008 Comprehensive Plan — Chapter 02 Land Use (page 2-11) describes Business
Professional zone as: "The Business Professional zoning designation differs from general
commercial designations in that Business Professional limits the amount, size and type of retail
uses. This designation is appropriate where traffic management is required. Generally,
professional offices, as encouraged within this zone, create less daytime traffic and therefore
minimize impacts to traffic counts. This designation is intended to support small neighborhood
business as well as major employment centers such as Harrison Hospital/Urgent Care, Group
Health and the Kitsap County Administration Campus."
The present schedule for re -review of this item is for further discussion with the
Planning Commission, a department evaluation of Business Professional projects within
a six month time period, and public workshop with Business Professional landowners,
prior to presentation to City Council at the July 2010 City Council Workstudy meeting.
Any Council proposed changes to the Business Professional Land Use Tables would be
prepared and brought before City Council and after the required 60-day public comment
period, anticipated for adoption in Fall 2010.
Attachments: Business Professional Uses for Title 16.30 Land Use Tables approved via
Ordnance 010-09 on December 22, 2009.
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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
v v u u
E u u m m
E
C
_
C C
J J 0 0 (0 O
O of O N O
E O 00 ti N
w
I i
I O N C T
Y O N f0 f0 10 2
a c c c c v E
E E
c y o. u
U K O. K C CL OL U O GI W O U
Government services
* Public agency office
c
p
c
p
p
*
Public agency yard
p
p
*
Public agency archives
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
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
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
*I
Helipad
c
I
c
I 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
16.30.040 — Table 2
General services land uses
(p=permitted, c=conditional, a=administrative permit required)
v v
a v v U U
E m m O _
N N R
a+ •+ C
L vY r
O C C > j N C J N
O N O ry O H C
E a m N v
I I i
f0 IO 10 l0 f0 •V d U! Ul Y
C C C C C y N j, J
v 'P v c v E
:2 :2 :2E L
a u
o x
E o
C7 G O. K K K K U O Co w 0 U
Personal services
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
p3
Cemetery, columbarium or
*
mausoleum
P
*
Day care
p
p5
p5
P5
p5
PS
p
p
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
c
c
p
83
Social services
p2
a
p2
p
p2
*
Stable
c
c
*
Kennel or cattery
c
c
c
866
Churches, synagogue, temple
c
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 # 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
E u u m m
O M H ate+ C to
a > > O O 'M o
O Vt O
E V 06 rl N
w I
I LL
I 0
0 m N m m a Gl N Y
E c
c c c c c 0! 7 E �,
ar c y ° ar E
u o u
C7 K O. K K K K U O w 0 U
ca
Manufacturing land uses
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
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
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
pJc4
p
39
Miscellaneous light manufacturing
c4
p
Motor vehicle and bicycle
*
manufacturing
c4
P
*
Aircraft, ship and boat building
c4
p
7534
Tire retreading
c
781-82
Movie production/distribution
c
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.
16.30.060 —Table 4
Recreational/cultural land uses
(p=permitted, c=conditional, a=administrative permit required)
v w
v v v u u
E u u m m _
O
C '= C C m N n
y C p M
O Vl O rj O v H C •u
E a W ei N Ul
pN
U m 10 6 N •v O. N U!
D
� � E
v m m w w E m E
v
v v v v v E � ,� x o. u E
l7 K O. K K ¢ C U O m w 0 U
Park and recreation
* Park
c
c
c c
c
c
c
c
c
pl
*
Trail
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
p
c
p
841
Museum
p5
p5
p5
p5
p5
p
p
c
p
842
Arboretum
c
p
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 v
N v U U
E U U m m
O M M y H V N
M
C C J ❑ — C J N
a J J O o v —
O N O N N .oN C
V 00 e� N W
w
Y 10 A (O (V (0 'T 1 N N Y
,n c C c c c `w >
y v v v v v E a c 0 E
x u
o�
a�i v ' £ `.k O
l7 K O. C CrK W U O m w 0 U
Regional land uses
* 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
*
Energy resource recovery facility
c
*
Landfill
c
*
Transfer station
Vp3
p
*
Interim recycling facility
p2
p2
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
1 Zoo/wildlife exhibit
cl
c1
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)
m v
0 v `u u
E u u m M
_
O M N N O
L Y Y Y }+ C l
O - C C 6 H
.0 O O a0+ V i+
.2
O vt O N N N C =
E V 00 rl N N .0
1
I 1 0
p N C
m m m m
N
E C
C C C C C 0) vl D
E � x n u E
.c E
l7 K a C K K U O m w
0 U
Dwelling
units
*
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
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
a3
p
*
Home (cottage) industry
a
a
a
a4,5
a
*
Home occupation
a
a
a
a
a4,5
rr
p
*
Home profession
p
p
p
p
p
p
p
Temporary Lodging
7011
Hotel/motel
pl
c
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 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)
16.30.090 — Table 7
Resource land uses
(p=permitted, c=conditional, a=administrative
permit
required)
N
E
N
u
u
v
u
A
v
u
m
L
y
Y
Y
Y
C
_
L
O
'p
-
E
E
N
v
O
oo
N
ti
Ci
N
w
Y
is
A
m
io
m
a
a`
Y
w
LL
'
'O
'O
'O
E
vNoi
T�
E
pCj
V m
9
U
C
N
N
U'
K O.
K
K
C
K
U o
m
w 0
U
Agriculture
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
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 accessary uses
* Resource accessory use
c
(vote: All appucable 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
O N N
?" :t C C 10 yYj N
C C p J C p U
_
O O w O
v C
a N `
E aid
w U
c c c c c a > E
v v v v E c E
w Y v v o.
n z uo m' w u
Retail land uses
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
*
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
6512
Banks and financial services
p
p
c
Petroleum
2911 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.