07/13/2010 - Regular - PacketCity Council Meeting Agenda
July 13, 2010
CITY OF PORT ORCHARD 7: 00 p.m.
Mayor:
Lary Coppola
1. CALL TO ORDER
Administrative Official
A. Pledge of Allegiance
Conncilmembers:
Fred Chang
2. CITIZENS COMMENTS
Chair: LTAC
Staff: Clerk's office
Please limit your comments to 3 minutes for items not up for Public Hearing. When
Economic Dev/Tourism Committee
recognized by the Mayor, please state your name and address for the official record
Public Property Committee
(please complete the sign -in sheet located in the hallway).
Jerry Childs
Chair: Economic Dev/Tourism
3. APPROVAL OF AGENDA
Committee
Staff: Clerk's office
Finance Committee
, CONSENT AGENDA
4
(Approval of Consent Agenda passes all routine items listed below, which have been
John n
Chair:: Finance Committee
distributed to each Councilmember for reading and study. Consent Agenda items are not
Staff: City Treasurer
considered separately unless a Councilmember so requests. In the event o such a request,
P y q f q ,
Utilities/SAC Committee
the item is returned to Business Items.)
Kitsap County Health
A. Approval of Claim Warrants, Payroll & Treasurer's check book
Jim Colebank
B. Approval of Public Event Application: Fathoms O'Fun Festival by the
Economic Dev/Tourism Committee
Bay (Kirkpatrick)
KRCC/PSRC/KEDA/PRTPO
C. Adoption of Resolution No. 024-10, Authorizing the Surplus two
Fred Olin
Chair: Public Property Committee
Seized Vehicles (Townsend)
Staff: Planning Department
D. Approval of Contract No. 049-1o, Authorizing the Mayor to Execute
Utilities/SAC Committee
an Agreement with Exceltech for the Tremont Widening
Carolyn Powers
Constructability Review of the Tremont Street Widening 85% PS&E
Public Property Committee
KRCC/TransPol
(Dorsey)
Rob Putaansuu
E. Approval of Change Order No. 3, Authorizing the Mayor to Extend
Chair: Utilities Committee
Expiration Date of Contract No. 042-09, with Charon Drilling Inc.
Staff: Public Works Department
Finance Committee
for Well No. 11 at McCormick Woods (Dorsey)
Kitsap Housing Authority
F. Approval of Amendment No. 1 to Contract No. 043-09, with the City
SAC Committee
of Forks for Jail Services (Townsend)
Department Director:
G. Approval of Amendment No. 1 to Lease Agreement No. 22-002 82
pp g 5
Patti Kirkpatrick, CMC
Administrative Services
with the Department of Natural Resources for Aquatic Lands
City Clerk
(Dorsey)
Allan Martin
City Treasurer
5, PRESENTATION
Debbie Hunt
A. Proclamation: loo Years of Camp Fire Days
Court Administrator
B. Olympic Bird Fanciers (Pamela Cloer)
James Weaver
Development Director
6. PUBLIC HEARING
Al Townsend
A. 2009 International Building and Fire Codes (Weaver)
Police Chief
B. Flood Damage Prevention (Weaver)
Mark Dorsey, P.E.
Public works Director
�], BUSINESS ITEMS
City Engineer
A. Approval of Contract No. 047-1o, Authorizing the Mayor to Execute
Conti
an Agreement for the City's Official Newspaper Publication Services
Prospect Street
Port Orchard, WA 98366
(Kirkpatrick)
(36o) 876-4407
Please turn off
cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
July 13, 2010, Meeting Agenda Page i of 2
B. Approval of the June 15, 2010, Work Study Session Minutes
C. Approval of the June 22, 2010, Council Meeting Minutes
D. Adoption of Ordinance No. 013-1o, Amending Port Orchard Municipal Code Section 15.04.010
2009 International Building Codes (Weaver)
E. Adoption of Ordinance No. 014-1o, Amending Port Orchard Municipal Code Section 15.12
2oo9 Fire Codes (Weaver)
F. Adoption of Ordinance No. 015-1o, Amending Port Orchard Municipal Code Chapter 15.38
Flood Damage Prevention (Weaver)
G. Adoption of Resolution No. 025-1o, Authorizing Turtle Ridge Internal Access Road Variance
Request from City Council Resolution No. 1971(Dorsey)
H. Approval of Contract No. 050-1o, Authorizing the Mayor to Execute an Agreement with Cross,
LaCross, and Murphy, PLLC for Public Defender Services (Kirkpatrick)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
1o. REPORT OF DEPARTMENT DIRECTORS
A. Update: Tremont Corridor (Dorsey)
B. Update: Annexations (Weaver)
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Date & Time
Location
Finance Committee
July 30, 2010
Myhre's
7:30 a.m.
Tourism Committee
July 14, 2010
City Hall
5:30 p.m.
Utilities Committee
July 23, 2010
Myhre's
7:30 a.m.
Sewer Advisory Committee (SAC)
July 21, 2010
S.K.W.R.F.
6:30 p.m.
Public Property Committee
July 13, 2010
Myhre's
7:30 a.m.
Work Study Session July 20, 2010 City Hall
7:00 p.m.
Stakeholder's Meeting on Sewer Rate July 15, 2010 The Clubhouse at
6:00 p.m. McCormick Woods
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
July 13, 2010, Meeting Agenda Page 2 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 4B
Subject: Approval of Public Event Application:
Fathoms O' Fun — Festival by the Bav
Meeting Date:
Prepared by:
Atty Routing No:
Atty Review Date:
July 13, 2010
Patti Kirkpatrick, CMC
Citv Clerk
NA
Summary: Each year Fathoms O'Fun has submitted their application for their Festival by the
Bay event to be held on Sunday, August 8, 2010, in conjunction with the Cruz. Their request is to
use a portion of the City's parking lots and right-of-ways for a vendor/crafter's fair and car show.
City Departments, as well as the Fire Department, have reviewed the application and have
submitted their recommendations and/or comments, which are included for Council's review.
This Public Event Application is not a new event; Fathom's has been granted permission to host
their event on City streets and City parking lots for several years.
Recommendation: Staff recommends approving the Fathoms O'Fun — Festival by the Bay Public
Event application.
Motion for consideration: I move to approve the public event application for the Fathoms O'
Fun ~ Festival by the Bay, allowing them to hold their public event on Sunday, August 8, 2010;
and to use a portion of the City's parking lots and right-of-ways.
Alternatives: Deny the applications or approve with conditions.
Attachments: Application for Public Event
Map
City Departments and Fire Department Comments
City Clerk's Office ,
216 Prospect Street
Port Orchard, WA 98366
360-876-4407 * 360-895-9029 (fax)
.,Ify .i 7Ri U'C
Public Event Application j�''"I rt`"`` "'-
NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application
or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information
may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No
statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City
Council in any manner.
Name of Event: FfAOM IS 0 Rt" 1 e5+t V CI- 6 i4 +k-7 . "
Name of Sponsoring Organization: r-A� k awl s ('.) Put, =KC .
Name of Person Completing This Application: .314 MaJcko cax •,
Point of Contact: 3a5 Telephone: 36o-6�U--33b
Address: ! - Q 4x / J r19 oyl- Orr�a vc{ W 14- 98,3196
Street /�� City State Zip Code
Dates of Event (Inclusive) - ALtIL a g4l`� oZD /c) .-1_
Location of Event: .Doi. o, Qi- l wL4 brckovxo1 -- 3" 4ir-Pc.\
(/fEvent Will Have Multiple Activities and Locations, List On Separate Sheet)
Anticipated Number Of Exhibitors: 6 s- Time Open To Public: q d.t-n
Anticipated Number Of Visitors: %O e 3o Time Open To Vendors: 7 a it r,») 7
Closing Time: 4/.' a „rn,
This application form was designed for use by applicants for various types of events. Please answer all questions; you may
attach additional pages if necessary.
1. Describe type of event and how this eveg�t will benefit the community:
2. What is expected traffic pattern for the event? Attach a site map indicating location of each activity/vendor(s), fire
lanes, garbage, and restroom/sani-can(s):
3. Describe how public safety, traffic and crowd control will be provided. How many police officers do you anticipate
will be needed for (1) traffic control and(2) crowd control?
4. Describe how sanitation control nd restrooms) will be provided and maintained:
5. How many participants and visitor cars are anticipated and where will parking be provided?
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
360-876-4407 * 360-895-9029
6. How have parking impacts been coordinated with the neighbors (residential and/or business)?
7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service
and name of contact at Kitsap Transit. Attach written verification of commitment for service from Kitsap Transit:_
..,ate. �
8. Describe how fire lanes will be identified and kept open:
9. Will this event require the closure of any street? If so, list street name with date and time of requested closure:_
10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location
and how you anticipate meeting their needs:
10.e�
11. How will the event area be cleaned before du ing and after the event?
12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of
Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims
which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of
such charges or damage claims. Do you accept this responsibility?y Yes ❑ No If yes, name of person
responsible for rendering payment of tow/storage charges. If no, explain why:
13. When specifying location of event activity/vendor(s), do you anticipate utilizing any area not owned or managed by
the City of Port Orchard? ❑ yes ❑ no If yes, the owner/manager of subiect property must complete and
sign the following: (Please ask for additional forms if multiple properties are being used and have different owners)
Name of property owner:
Authorizing authority:
Address:
Signature of authorizing authority:
Title:
Telephone:
A. If the City of Port Orchard approves this application for public event, will your organization grant
permission for the sponsoring organization to use your property on the dates specified, for the purpose
and activities described in this application? ❑ Yes ❑ No If yes, please complete the following:
B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please
describe in detail:
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
360-876-4407 * 360-895-9029
C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance
certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate
coverage limits you require for general liability, property damage and or personal injury?
14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and
how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other
purposes, the owner of the subject property(s) must complete and sign the following:
Name of property owner:
Authorizing authority:
Address:
Signature of authorizing authority:
Ttle:
Telephone:
A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No
If yes, please describe in detail:
B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance
certificate to your organization prior to the event date? ❑ Yes ❑ No
If yes, please indicate coverage limits you require for general liability, property damage and or personal
C. How will use of your property by event workers impact neighboring property owners? Describe steps
that will be taken to mitigate any adverse impact(s):
15. Please provide any other
you believe, will assist the city in the review process:
16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the
event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum
coverage to be as follows:
$1,000,000 Liability; $1,000,000 Bodily Injury
A. Can you provide this Insurance Certificate?
SIGNATUREOFAPPLICANT: Date:
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
360-876-4407 * 360-895-9029
REVIEW AND COMMENT BY POLICE DEPARTMENT:
REVIEW AND COMMENT BY FIRE DEPARTMENT:
REVIEW AND COMMENT BY PUBLIC WORKS:
REVIEW AND COMMENT BY FINANCE DEPARTMENT:
REVIEW AND COMMENT BY ADNMSTRATIVE DEPARTMENT:
REVIEW AND COMMENT BY PLANNING DEPARTMENT:
DATE APPLICATION RECEIVED: ;� — 1(0
DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION:
CONDITIONS:
Approved
Patricia J. Kirkpatrick, CMC
City Clerk/Assistant to the Mayor
Revised 03/03/2009
FATHOMS O' FUN FESTIVAL
FESTIVAL BY THE BAY
August 8th, 2010
1. Local street fair which is free to the public. Any proceeds received will be put back
into the community via sponsoring organization's additional events.
2. Request snow route for Sunday August 8th.
3. 2 for traffic control, 2 for crowd control-- Port Orchard Police Dept.
4. Sanitation cans will be provided and large dumpsters will be provided by Brem-Air.
Garbage and clean up will be maintained by sponsoring organization.
5. 35,000 visitors anticipated. Park & Ride by Kitsap Transit to the South Kitsap Mall.
6. Businesses will be provided all parking options and transit schedule by the city.
7. The Cruz organizers will be responsible for coordinating with Kitsap Transit for hours
of operation. P.O.C. at Kitsap Transit is Mr. John Clauson.
8. The vendors will be set up going down the center of the steet so the fire lanes will be
on either side.
9. Bay St. will need to be closed from 6:00 am Sunday August 8th to about 5:00 pm.
From Seattle street to Banks street.
10. 3 or 4 vendors will need some power for use of calculators etc. which was obtained
from the Bay St. walk way and some was given power from businesses that were open.
11. Fathoms and the Cruz will provide cleanup during and after event.
12. Yes, Fathoms O' Fun Inc.
13. No
14. No
15. This event (along with the Cruz ) brings in the most visitors to the Port Orchard area
in a single day. This event is a great opportunity for local business as well as an
outstanding event for the community.
Additional request: If possible we would like to have the electronic crosswalk turned off
on this day.
DATE (MMIDDIYYYY)
_ �L� /� 4612010
qC®RDm CERTIFICATE OF LIABILITYISIrSCER ii:jEME IS ►NICEDASAMATTEROFINFORMATION
'RODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TOR
Alfred Interwest Insurance Inc HOLDER. THIS CERTIFICATE DOES NOAMEND, EXTEND O
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PO Box 707 NAIC #
INSURERS AFFORDING COVERAGE
Port Orchard, WA 98366-0707 INSURER A: Scottsdale Insurance company
INSURED INSURER B.
Fathoms O'Fun Festival, Inc. INSUHenI
INSURER D'
PO Box 312 INSURER E.
Port Orc and W A 98366
OVERAGESTOT SU ANY REQUIREMENITSTUR ERM OR CONDD ELITION OF HAVE BEEN ED HE IN RED NAME A8 VEANY CONTRACT OR OTHER DOCUMENT WI'Di RESPECTOTO WHICTHE OH POLICY
CENG
IRTIF CAITE MAY BEOI SUED OR DI
MAY PERTAIN, THE INSURANCE AFFORDED BMnvF BEOELICIN REDUDESCRIBED CED BY PA D EREI IS CLAIMS. SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICY EFFECTIVE I POLICY E INN LIMITS
POLICIES. AGGREGATE LIMI I TF IMMIOLI! $1 000 O(
MX
RALLIABILITY CPS1180837
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUR
AGGREGATELWIT
)MOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
f
RAGE LIABILRY
ANY AUTOCESSIUMBRELLA LIABILITY
OCCUR n CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY
FICER$.1EMBER EXCLUDED? IbN IVE
It y'es, deecdbe under
IbNVCFx
SPECIPL PROVISIONS below
OTHER
0 14/4/2011
ESOPoPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL I"
Certificate holder is named as additional insured as respects to the named insured's operations.
City of Port Orchard
216 Prospect Street
I Port Orchard, WA 98366
1
OTHER THAN
AUTO ONLY
A'r�
CITY (:)i= FGRi Cli< iir-',kG
.ANCtLLA I I W InPI ON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B10 �TOAYS WPoTIEN
DATE ' THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR
PORT ORCHARD POLICE DEPARTMENT
MEMORANDUM
DATE:
JANUARY 27, 2010
TO:
CITY CLERK'S OFFICE
FROM:
CHIEF AL TOWNSEND
SUBJECT:
rFESTIVALBYTHE `BAY/CRUZREQUIREMENTS,
A) Road Closures -The City will request the road closure from 7 am to 5pm from the
State DOT. This allows time for registration of Cruz participants and Festival By The
Bay Vendor access. The closure allows time for the Festival vendors to take down
after 4pm and vacate their sites no later than 5pm. INSURANCE CERTIFICATES
MUST BE PROVIDED BY JUNE 1 sr TO ENSURE ROAD CLOSURE. Failure to provide by
this date may result in the state declining authorization for Bay Street to be
closed. The certificate must include the City of Port Orchard and the Port of
Bremerton as additional insured.
B) Vehicles Prohibited from Entrance or Exit from the Event Areas- From 8am until
4pm, no vehicles will be allowed to come in or out through the barricades
placed at Rockwell and Bay or at Kitsap and Bay.
i) Merchants needing access during those hours will be encouraged to
use transit by parking in the designated park and ride lots (sites and
hours of operation to be provided to the POBSA by Festival by the Bay
organizers). Festival by the Bay organizers will work with the merchants
to find parking at such sites as the Prosecutor's office on Prospect
Street or Westbay (and provide shuttle service).
ii) Port of Bremerton Marina users with appropriate "hanger" (hanger
design to be provided to the Chief of Police by July 1, 2010) will be
directed to the Boat Launch area for parking. They will need to walk
to the Marina. The Port will make a shuttle vehicle available to
transport heavy items and will advertise the closure in all their
materials.
iii) Festival by the Bay organizers will notify residents of downtown
apartments of these road closures through a letter to landlords and a
door hanger two days prior to the event. They will be provided with
the park and ride info in addition to the access limits.
iv) Any Merchant or Car Club participant who has an appropriate
placard (placard design to be provided to the Chief of Police no later
than July 1, 2010 - design shall be on paper 8 Yz x 11, numbered, and
dated to prevent unauthorized duplicates) on their dashboard may
be allowed through the police staffed barricade at Rockwell or Kitsap
prior to Barn, but will not be able to leave until 4pm. The Saints Car
Club will investigate the opportunity to park those arriving after Barn at
the Cloise and Mike parking lot just east of Harrison or the street stalls
closest to Kitsap and Bay Streets (note: The company providing the
sound system for the Cruz will likely need access after Barn but before
the full closure at 9am. The Cruz will provide the vendor with a Cruz
placard to help alleviate frustration upon entrance at the Rockwell
barricade).
v) Any Port of Bremerton Marina user who has an appropriate "hanger"
may access the Port parking south of the Port office prior to 8om by
showing the "hanger" to the officer at the barricade at Kitsap and
Bay Streets. Those attempting to enter at the Rockwell barricade will
be directed to the detour route.
C) Barricades: These will be placed to limit vehicle traffic throughout the Event site.
Initial placement is at Rockwell and Bay; Kitsap and Bay (for the Cruz registration);
Boat Launch east entrance and Bay; Boat Launch east entrance and Port
Orchard Yacht Sales; Water and Bay (for the vendor check -in); Frederick and
Bay; Sidney and Bay; and Bay and Harrison at the western edge. No vehicles will
be allowed through the inner barricades (Bay at Harrison; Bay at Water; Bay at
Sidney; and Bay at Frederick) except for vendor loading and unloading.
D) Event Openings: The Cruz registration is from 6 a.m. to 8 a.m. Vehicles registering
for the Cruz are to be directed to Kitsap & Bay entrance. Those attempting to
enter the Cruz site at other barricades will be directed to the detour to reach that
entrance. The Cruz opens officially at 8 a.m. The Festival By The Bay vendors also
will enter through the Kitsap and Bay barricade and will be directed to that site if
attempting to enter at other barricades. The Festival By The Bay opens officially
at 9am.
E) Event Conclusion: The Cruz ends as soon as awards are presented. Award
presentation is planned to begin at 3pm. If a car needs to leave prior to the
ending (due to emergency, etc.), the Cruz will work to move the vehicle through
the event site by leading the vehicle with a Saints Member escort, either by
walking or with a golf cart. The egress points will be westward through the
Orchard and Bay Street Entrance or eastward through the Harrison and Bay
Street entrance. This allows the least pedestrian interaction through the Cruz or
Festival By The Bay event sites.
The Festival By The Bay will end at 4pm with the Vendors being expected to be
packed up and off Bay Street by Spm when the road will reopen fully to all traffic.
F) Garbage issues: The Cruz has placed additional garbage receptacles with liners
throughout the Cruz event site. This will continue. The Festival By The Bay will also
place additional garbage receptacles next to the City receptacles along Bay
Street. The City Public Works Department will place liners in existing garbage
cans on Friday morning after garbage pickup to allow those cans to be emptied
periodically through the day. Any key necessary for access will be provided to Al
Mahoney.
G) Phone Contacts During Event: Prior to July 1, 2010 with an update on August 1,
2010, a list of contact phone numbers for the Cruz/Saints Car Club event
coordinator and the Festival By The Bay coordinator will be provided to the Chief
of Police. These phone numbers will be used during the event to solve any issues
that may occur at the barricades or on -site during the event day.
H) Kitsap Transit: Transit has provided service from designated park and ride areas
during the event. The Cruz organizers will be responsible for coordinating with KT
for hours of operation and park and ride lots no later than JULY I St. This
information will be communicated far and wide to alleviate parking issues for
merchants, boaters, residents and attendees.
A meeting shall be held that includes all affected persons no later than 30 days
prior to the event and shall be the responsibility of the Cruz organizers and Festival
by the Bay organizers to schedule. Representatives from the City Public Works,
Police and Mayors Office will be included, as will members of each organizing
group, downtown merchants group, Port of Bremerton, Kitsap Transit, and Fire.
The purpose of the meeting will be to cover all items contained within the permit
and conditions placed by each reviewing government agency. It will also allow
for us to resolve any logistical issues well in advance of the event.
Memo
To: Port Orchard City Clerks Office
From: Greg Rogers, Fire Prevention Manager
CC:
Date: February 19, 2010
Re: Fathom's O' Fun Festival by the Bay
The South F itsap Fire & Rescue's Prevention/ Education Office has completed a review of the
application for public event that was dated received February 18, 2009 for the Fathoms O'
Fun Festival by the Bay, located in Downtown Bay Street, and approves the plans with the
following comments and stipulations:
Tents or areas with cooking or deep -fat fryers shall have a minimum 40-B:C fire
extinguisher or a Class K type extinguisher. An inspection of the cooking
operation will be required before opening, by a member of the Fire District
Prevention/Education office.
Fire department access around the area must consist of the following:
The unobstructed width of a fire apparatus access road shall be not less than
20 feet.
Access roads shall be extended to within 150 feet of all parts of all exterior
walls (of the first story) on all buildings or portions of buildings.
Nothing in this review is intended to authorize or approve of any aspect of the design that
does not comply with all applicable codes and standards. Should additional information
become available, these comments may require modification. Please insure that additional
information regarding this project is forwarded to our office. if you have any questions,
please contact me at 871-2411.
Sin rely,
Greg D. gers
Fire Prevention Manager
Page 1 of 1
City Clerk's Office \_t`
216 Prospect Street �f
Port Orchard, WA 98366
360-876-4407 " 360-895-9029 (fax)
NOTE: This section to be completed by:City staff after application is submitted to the City.
REVIEW AND COMMENT BY POLICE DEPARTMENT:
REVIEW AND COMMENT BY FIRE DEPARTMENT:
REVIEff AND COMMENT BY PUBLIC WORKS: �S
REVIEW AND COMMENT BY FINANCE DEPARTMENT:
REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT:
REVIEW AND COMMENT BY PLANNING DEPARTMENT:
DATE APPLICATION RECEIVED:
DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION:
CONDITIONS:
Approved By
Patricia J. Kirkpatrick CMC
City Clerk/Assistant to the Mayor
Revised 03103/2009
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
360-876-4407 a 360-895-9029
NOTE: This section to be completed by OW staff:after application is submitted to the City.
REVIEW AND COMMENT BY POLICE DEPARTMENT:
REVIEW AND COMMENT BY FIRE DEPARTMENT:
REVIEW AND COMMENT BY PUBLIC
PDrnn 3o C9WORKS:
REVIEWANDCOMMENTBYFINANCEDEPADEPARTMENT, Jm4 �C)(-3) �—
la
ill A ok p -moo VQM4WL4
REVIEW AND COMMENT BY ADMINISTRATIVE DEPARTMENT:
REVIEW AND COMMENT BY PLANNING DEPARTMENT:
DATE APPLICATION RECEIVED:
DECISION OF CITY COUNCIL: ❑ APPROVE ❑ DISAPPROVE DATE OF DECISION:
CONDITIONS:
Approved By
Patricia J. Kirkpatrick, CMC
City Clerk/Assistant to the Mayor
Revised 0310312009
CITY OF PORT ORCHARD
Planning Department
216 Prospect Street, Port Orchard, WA 98366
Phone: (36o) 876-4991 • Fax: (36o) 876-498o
planning@cityofportorchard.us
www.cityofportorchard.us
Date: February 18, 2010
To: Patricia Kirkpatrick, City Clerk
From: James R. Weaver, City Development Director
RE: 2010 Event Application: ,Fathoms ofFFun Festival by"the Bay ; i
The Planning & Building Departments have reviewed the submitted 2010 Public Event
application with the City of Port Orchard for the enterprise located at the address identified in
the following comments.
Public Event Application; Fathoms of Fun Festival by the Bay
Date: Sunday, August 81h, 2010
Location: Downtown Port Orchard, WA
Organization: Fathoms of Fun Inc.
Comments:
Planning Department has no Comments on this application
We
Q
co
LU
H
m
J
Q
H
F-
W
LL
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: July 13, 2010
Subject: Adoption of Resolution No. 024-10, Prepared by: Alan Townsend
Authorizing the Surplus of two Police Chief
Seized Vehicles Atty Routing No: NA
Atty Review Date: NA
Summary: The Police Department is requesting that a 1989 Nissan Maxima VIN#
JN1HJo1P9KT290934 and a 1995 Ford Bronco VIN# iFMEU15H8SLB696o1 be declared surplus.
The vehicles were seized as part of a drug arrest and have since been forfeited by order of the
Court. The vehicles can serve no purpose to the Police department or the City. The vehicles are in
no condition for the City to maintain for other purposes, as explained in the fiscal impact
statement.
Recommendation: Staff recommends Council declare the two vehicles to be declared surplus.
Motion for consideration: I move to adopt Resolution No. 024-10, authorizing the surplus of two
seized vehicles.
Fiscal Impact: The two vehicles will be sold at auction with any proceeds going to the Drug
Seizure Account. Per State law, the money must be deposited into such account
and used for drug investigation and related purposes. For these vehicles to be
retained by other City departments for non -law enforcement use the City must
pay fair market value for the vehicles and those funds transferred into the Drug
Seizure Account.
Alternatives: None.
Attachments: Resolution No. 024-10
Introduced by: Police Chief
Requested by: Police Chief
Drafted by: Police Chief
Introduced: July 13, 2010
Adopted:
RESOLUTION NO. 024-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON DECLARING CERTAIN PERSONAL
PROPERTY AS SURPLUS AND AUTHORIZING THE
DISPOSITION THEREOF TWO SEIZED VEHICLES
WHEREAS, certain personal property owned by the City of Port Orchard has
become surplus to the needs of the City; and
WHEREAS, the City desires to dispose of said property in the best interest of
the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES
HEREBY RESOLVE THE FOLLOWING:
THAT: The property described below is declared as surplus to the needs of the
City. Staff is instructed to dispose of the item that reflects the best interest of the
City.
1989 Nissan Maxima VIN# JN1HJomP9KT290934
1995 Ford Bronco VIN# iFMEU15H8SLLB696o1
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 13th day of July,
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. Consent Agenda 4D Meeting Date: July 13, 2010
Subject Approval of Contract No. 049-10, Prepared by: Mark Dorsey, P.E.
Authorizing the Mayor to Execute an Public Works Director
Agreement with ExcelTech for the Atty Routing No: NA
Tremont Widening Constructability Atty Review Date: NA
Review of the Tremont Street Widening
85% PS&E
SummaU: At the June 8, 2010, Port Orchard City Council meeting, Public Works Director Dorsey
discussed an alternate method for completing the Quality Assurance/Quality Control (QA/QC)
Constructability Review for the Tremont Street Widening project 85% PS&E, as prepared by
Berger/Abam and the Tremont Sanitary Sewer Project 6o% PS&E, as prepared by BHC Consultants.
In order to advance both PS&E packages to t00%, given current staff limitations, Public Works
Director Dorsey recommended hiring Exeltech to complete the review(s). A proposal dated June 28,
2010, was received from Exeltech providing for a lump sum in the amount of $7,000 for the QA/QC
Constructability Review. In addition, Exeltech has offered their services to seek construction funding
"pro bono." Public Works Director Dorsey also checked references with WSDOT Local Programs
Engineering.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute a
contract with Exeltech in an amount not to exceed $7,000 for the Tremont Street Widening
QA/QC Constructability Review and "pro-bono" construction funding research services.
Motion for consideration: I move to approve Contract No. 049-1o, authorizing the Mayor to
execute an agreement with Exeltech in an amount not to exceed $7,000 for the Tremont Street
Widening QA/QC Constructability Review and "pro bond' construction funding research services.
Fiscal Impact: Reallocation within Arterial Street Fund (not eligible for Grant Funding
reimbursement)
Attachments: Contract No. 049-10
Exhibit A — Exeltech Proposal (dated 6/28/2009)
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
CONTRACT NO.049-10
THIS Agreement is made effective as of the 13th day of ,July, 2010, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
and
Exeltech ("CONSULTANT")
8729 Commerce Place Drive NE, Suite A
Lacy, WA 98516
Contact: Santosh J. Kumvilla, P.E., S.E., P.M.P. Phone: 360.357.8289
Fax: 360.357.8225
Tax Id No. 91-1491880
for professional services in connection with the following Project:
Tremont Street Widening (STPUS-6601 004) PS&E QA/QC Constmctability Review
TERMS AND CONDITIONS
1. Services by Consultant
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Attachment "A." The services performed by the Consultant shall not exceed
the Scope of Work without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be
agreed to by the parties and incorporated in written amendments to the Agreement.
2. Schedule of Work
A. Consultant shall perform the services described in the scope of work in accordance with the
Schedule attached to this contract as Attachments "A." If delays beyond Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed.
3. Terms. This Agreement shall continence on July 13, 2010 ("Commencement Date") and shall
terminate August 31, 2010 unless extended or terminated in writing as provided herein.
I of 6
4. Compensation
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed JZ&Ewithout written authorization.
5. Payment
A. Consultant shall maintain time and expense records and provide them to the City monthly,
along with monthly invoices in a format acceptable to the City for work performed to the date
of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
invoice.
C. Consultant shall keep cost records and accounts pertaining to this Agreement available for
inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modify the work to comply with the Agreement. City may withhold payment for
such work until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for employment or
any other person in the performance of this Agreement because of race, creed, color, national
origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to
the work to be done under this Agreement.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by City, in whole or in part, and
may result in ineligibility for further work for City.
7. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the Consultant
or upon public convenience, in which event all finished or unfinished documents, reports, or
other material or work of Consultant pursuant to this Agreement shall be submitted to City,
and Consultant shall be entitled to just and equitable compensation for any satisfactory work
completed prior to the date of termination, not to exceed the total compensation set forth
herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed
because of such termination. Consultant shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. If the
2of6
Agreement is terminated for default, the Consultant shall not be entitled to receive any further
payments under the Agreement until all work called for has been fully performed. Any extra
cost or damage to the City resulting from such default(s) shall be deducted from any money
due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred
by the City in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by the City by reason of such default.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice
to Consultant. Such notice shall indicate the anticipated period of suspension. Any
reimbursement for expenses incurred due to the suspension shall be limited to the
Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall
resume performance of services under this Agreement without delay when the suspension
period ends
8. Standard of Care
Consultant represents and warrants that it has the requisite training, skill and experience
necessary to provide the services under this agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by Consultant
under this agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
9. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request
and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph
6 above, all finished or unfinished documents, reports, or other material or work of Consultant
pursuant to this Agreement shall be submitted to City. City agrees that if it uses products
prepared by Consultant for purposes other than those intended in this Agreement, it does so at its
sole risk and it agrees to hold Consultant harmless therefore.
10. Indemnification/Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents,
employees, or sub consultants in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. This indemnification and hold harmless shall apply
regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW
Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such
indemnification.
11. Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
3of6
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
4of6
12.
13.
14.
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
Assigning or Subcontracting
Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests
accruing from this Agreement without the express prior written consent of the City, which
consent may be withheld in the sole discretion of the City.
Independent Contractor
Consultant is and shall be at all times during the term of this Agreement an independent
contractor.
Notice
Any notices required to be given by the City to Consultant or by Consultant to the City shall be in
writing and delivered to the parties at the following addresses:
Lary Coppola
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
15. Disputes
16.
Santosh J. Kuruvilla, PE, SE, PMP
Exeltech
8729 Commerce Place Drive NE, Suite A
Lacy, WA 98516
Phone: 360.357.8289
Fax: 360.357.8225
Any action for claims arising out of or relating to this Agreement shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court.
Attorneys Fees
In any suit or action instituted to enforce any right granted in this Agreement, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other party.
17. Extent of Agreement/Modification
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only
by written instrument properly signed by both parties.
5of6
CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON
By:
Date:
M
Lary Coppola Name:
Mayor
Title:
Attest:
M
Patricia J. Kirkpatrick, CIVIC
City Clerk
Date:
6of6
e x e I t e c h
June 28, 2010
Mr. Mark Dorsey, P.E.
Port Orchard Public Works Director
216 Prospect St
Port Orchard, WA 98366
RE: TREMONT STREET WIDENING
Dear Mr. Dorsey,
We are pleased to submit the following proposal to provide PS&E plan set review and
constructability review for the project mentioned above.
I. Project Description
The project will provide improvements to approximately 0.7 miles of Tremont
Street by widening the existing roadway from two lanes to four lanes, bicycle lanes,
curbs, gutters and sidewalks, planting strips and a raised median. There are also
improvements to S. Kitsap Blvd. and Canyon Ct. Roundabouts will be installed at
the Intersections of Tremont and Pottery and Tremont and S. Kitsap Blvd. There
are also drainage improvements and utility relocations.
IL Engineering Services
Exeltech Consulting, Inc. proposes, to provide the City a comprehensive
constructability and plan set review in support of PS&E progress to the 100% level,
which will be advertised for construction when construction funding is in place.
Any engineering issues that are not specifically identified in Items A and B below
shall be considered beyond the scope of these services. The following scope of
services is proposed for this project:
A. Design Plan Set Review
1. Provide review of Tremont Street Widening (85% plan set) for
completeness, accuracy, clarity, drafting inconsistencies, redundancy of
detail and overall plan adequacy for a contractor to bid and build the
project.
2. Provide plan set review comments to the City so that they may be
incorporated by others into the 85% plan set to produce an Ad Ready
plan set for the Tremont Street Widening Project.
3. Review project specifications as they relate to all project components and
provide comments to City.
4. Review and comment on the cost estimate.
5. Provide review the companion Tremont Sewer Contract Documents (60%
plan set) for completeness, accuracy, clarity, drafting inconsistencies,
redundancy of detail and overall plan adequacy. Also, review to
ascertain their compatibility with the Tremont Street Widening project.
Sustainable Engineering Solutions for a Changing World
Mr. Mark Dorsey
June 28, 2010
Page 2
6. Provide plan set review comments to the City so that they may be
incorporated by others into the 60% plan set to produce an Ad Ready
plan set for the Tremont Sewer Project.
B. Constructability Review
1. Provide the City comments on the review of the 85% plan set for
constructability issues that may be present.
2. Evaluate whether potential issues may present a hardship to a contractor
in constructing the project as designed.
3. Evaluate and comment on the proposed working days.
4. Traffic control special provisions will be scrutinized to check if potential
staging conflicts exist.
III. Assumptions
• Exeltech will compile review comments and provide to City via email
• If issues identified require further analysis, Exeltech will not provide such
further analysis or design
• Schedule — From the time we are given notice to proceed we propose to
complete the work in three weeks
• Cost estimate review will consist of spot checking major items
• Exeltech's review will identify observed PS&E and constructability issues,
and is not considered to be all inclusive
• Exeltech will not undertake any liability for completeness or adequacy of
plans
IV. Engineering Fees
Having evaluated the scope of work for this project, we propose that Exeltech
Consulting, Inc. will perform the engineering services, as outlined and contained in
this document, for the following lump -sum amount: $7,000.
Additionally, Exeltech offers our service to City staff for seeking funding for City
projects. These services would be "pro bono".
Thank you for considering our firm's professional services for your project. We look
forward to working with you on this and other projects.
Respectfully submitted,
Exeltech Consulting, Inc.
S sh J. Kuruvilla, P.E., S.E., P.M.P
President
Harold Peterfeso, RE
Director of Roadway Services
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
Subject Approval of Change Order No. 3,
Authorizing the Mayor to Extend
Expiration Date of Contract No. 042-
o9, with Charon Drilling, Inc. for
Well No. 11 at McCormick Woods
Meeting Date: July 13, 2010
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
Summary: On July 28, 2009, the Port Orchard City Council authorized the Mayor to execute a
contract with Charon Well Drilling, Inc. for the Well No. 11 Cable -Tool Drilling Project (PW2009-
o1) at McCormick Woods, whereby existing Well Nos. 1, 2, and 3 are to be replaced by Well No. 11
(formerly Well #5), being a deep aquifer well. On August 12, 2009, the Notice to Proceed for the
go -day contract was issued, thereby establishing a completion date of November 10, 2009. On
December 8, 2009, the City Council authorized the Mayor to execute Change Order No. 1, thereby
extending the contract to March 31, 2010. On March 23, 2010, the City Council authorized the
Mayor to execute Change Order No. 2, thereby extending the contract to July 31, 2010.
As reported to Council in June 2010 by Doug Dow, Senior Hydrogeologist for Robinson -Noble,
Inc., the aquifer thickness encountered at the anticipated aquifer depth of approximately 7oo-ft
was not suitable for producing the necessary well yield. Cable -tool drilling continued towards a
deeper aquifer, but was stopped just short of 800-ft. Therefore, due to this unforeseen
circumstance, a change to a Mud Rotary Drilling alternative was authorized by the Public Works
Director. Mud Rotary Drilling via Nicholson Well Drilling has now commenced and will continue to
approximately l000-ft. with geophysical logs taken from the rotary drilled hole and examined to
characterize the aquifer and to determine the completion design. This work is anticipated to be
accomplished within Charon Well Drilling's existing contract budget.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change
Order No. 3, being a contract time extension only from July 31, 2010 to December 31, 2010, with
Charon Drilling, Inc. for the Well No. 11 Cable -Tool Drilling Project (PW2oo9-01) at McCormick
Woods.
Motion for consideration: I move to approve Change Order No. 3, authorizing the Mayor to extend
the expiration date of Contract No. 042-09, with Charon Drilling, Inc. for the Well No. 11 Cable -
Tool Drilling Project (PW20o9-o1) at McCormick Woods.
Fiscal Impact: Budgeted item for 2009 within Water/Sewer with approximately 40% of the work
billed in 20o9 and approximately 6o% to be carried over into 2010.
Alternatives: None.
Attachments: Change Order No. 3 - Charon Drilling, Inc.
7/8/2010 9:31 AM
Authorization for Change Order No. 3
Date: July 13, 2010 Contractor: Charon Well Drilling, Inc.
Project: Well 11 Cable -Tool Drilling
Job # PW2001-01
Contract No. 042-09
Brief Description of Change Order work (Documentation to be attached): Additional
contract time only with contract time extension from July 31, 2010 to December 31, 2010
to accommodate additional subcontract work with Nicholson Well Drilling, Inc.
Change Order 1
$0.00
08-Dec-09
Council
Change Order 2
$0.00
23-Mar-10
Council
Change Order 3
$0.00
13-Jul-10
Council
Total Contract $272,314.50
I have reviewed the Change Order information above and certify that to the best of my
knowledge descriptions and costs are true and accurate.
Submitted by:
Public Works Director/City Engineer
Change Orders over $1,000 up to $15,000 are to be
approved by the Mayor.
Approved:
Mayor
Attest:
City Clerk
Change Orders over $15,000 (per project) require
Council action.
Council Approval Date
t
Common/CITY OF PORT ORCHARD change order
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 1 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4F Meeting Date: July 13, 2010
Subject: _Approval of Amendment No. 1 to Prepared by: Alan Townsend
Contract No. 043-09, with the City of Police Chief
Forks for Jail Services Atty Routing No: o68-10
AttyReview Date: July Z, 2010
Surnmarv:The attached jail services agreement with the City of Forks was updated to reflect the
new daily rate of $45 per day (over 365 days the new rate is $40 per day). This is a reduced rate
in comparison to the previous rate of $6o per day (over 365 days at $55 per day). The only other
change in language is that it spells out good time if serving on a Forks work crew while
incarcerated.
Recommendation: Authorize the Mayor to sign the contract with Forks. We can only send
prisoners that have no other pending matters and no medical issues to this facility, so it's not a
fix for our jail costs, but it can help control costs when its use is appropriate.
Motion for consideration: I move to authorize the Mayor to execute Amendment No. 1 to
Contract No. 043-09, for jail services with the City of Forks.
Fiscal Impact: When using their facility our costs are reduced.
Alternatives: Use the Kitsap County Jail exclusively.
Attachments: Contract No. 043-09
CITY OF FORKS
INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES
AMENDMENT NO. 1
CITY OF PORT ORCHARD CONTRACT NO.043-09
This Agreement is made and entered into this 13th day of July 2010, by and between the
CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF PORT
ORCHARD, a municipal corporation (hereinafter "CITY")
REPRESENTATIONS:
1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and CITY may enter into an
agreement, through their respective legislative bodies, whereby FORKS shall furnish
jail facilities for CITY prisoners upon such terms as may be mutually agreed upon.
2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of
misdemeanor and gross misdemeanor offenses committed by adults in their
respective jurisdictions, and referred from their respective law enforcement agencies,
whether filed under state law or city ordinance, and must carry out this responsibility
through the use of their own courts, staff, and facilities, or by entering into contracts or
interlocal agreements to provide these services. Such contracts or interlocal
agreements are required to take into account the anticipated costs of services as well
as the anticipated and potential revenues to fund the services, including fines and
fees, criminal justice funding, and state authorized sales tax funding levied for criminal
justice purposes.
3. CITY and FORKS agree that the terms and conditions set forth herein are an
acceptable basis for FORKS providing prisoner jail services to CITY for persons
committing misdemeanor or gross misdemeanor offenses within CITY limits.
AGREEMENTS:
Availability and Funding of Adult Correctional Facilities and Services: FORKS agrees
to house, care for, and provide for the welfare and safekeeping of CITY prisoners
within its facilities. In so doing, FORKS agrees to furnish its facilities and personnel
for the confinement, processing, and related services for CITY prisoners in the same
manner and to the same extent as FORKS furnishes said services for confinement,
processing, and related activities of its own prisoners. FORKS jail facilities shall be
made available and furnished for holding of CITY prisoners serving imposed jail terms,
subject to the conditions herein. Said facilities and services shall meet the
requirements of all applicable state and federal laws.
2. Definition of a CITY Prisoner: The term "CITY prisoner" as used in this Agreement
shall mean a person arrested by CITY police and held and confined in the FORKS
Jail, or otherwise held in detention as provided in this agreement, pursuant to a
violation of a CITY ordinance or a violation of a state law which designates the crime
for which the person is held to be a misdemeanor or gross misdemeanor. The term
"CITY prisoner" shall not include a person arrested for a felony offense by CITY
police, a person arrested on a warrant issued by another jurisdiction or for charges
initiated by a non CITY officer, or a person charged by the prosecutor with a felony or
an attempt to commit a felony even if there is a plea to or conviction of a lessor
offense.
3. Prisoner Confinement Daily Fee:
A. Beginning 1 June 2010, CITY agrees to pay FORKS a daily per inmate fee for the
housing of prisoners in the FORKS Jail. The daily confinement fee shall be
charged per prisoner for each calendar day or portion thereof, excluding the release
day when a prisoner has been confined for more than one day. The base daily rate
shall be $45.00 each on a daily basis, FORKS will house any CITY prisoner who
has a court commitment of 365 days at the special daily rate of $40.00 each day.
B. This rate shall be adjusted annually, based on the Seattle CPI U. The first annual
adjustment will be effective March 1, 2010 and each year thereafter.
C.Prisoner fees shall be billed by FORKS each month and CITY shall pay said fees
within 30 days of billing. In the event of an error, the next billing after the error was
discovered, it will be adjusted appropriately.
4. Partial Confinement and Alternative Confinement Programs: CITY prisoners shall be
considered for FORKS alternative and partial confinement programs on an equal basis
with FORKS prisoners, and subject to the same rules and regulations, as well as potential
sanctions, for program rule violations. Prisoner participation in such programs may be
limited to an operational capacity as identified by FORKS. Alternative and partial
confinement programs shall include, but not be limited to, Work Release and Work Crew.
It is understood by the parties that the term alternative confinement programs shall not
include electronic home monitoring.
The City of Forks Jail, in cooperation with Peninsula Community College, offers a GED
program to those inmates wishing to genuinely earn their GED.
Where offenders pay a fee to FORKS for program participation, such fees shall be
deducted from the confinement daily fee.
Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited with
five days "good time" for each 30 days that they are assigned to the Work Crew. If the
prisoner is not on a work crew or special program that prisoner is eligible for five days good time
per thirty days served. "Good time" is earned, and not automatically "given", once housed in
Forks.
-2-
5. Designated Administrators: The FORKS Police Chief in consultation with the CITY
Police Chief shall administer this agreement. Each administrator or designee may
consult with each other quarterly regarding costs, fees and charges and regarding
changes in policies, practices, or procedures, which may affect the responsibilities of
the other, and will try to resolve disputes between themselves or through their
designated representatives.
6. Medical Costs: Medical costs for emergency or necessary health care for CITY
prisoners shall be the responsibility of CITY. CITY retains the option to contract with
medical providers to provide medical services to CITY prisoners. FORKS will not
transport outside of FORKS city limits for medical appointments, this will be borne by
CITY if such a medical transport is necessary.
FORKS shall notify CITY prior to outside medical care being provided for a CITY
prisoner; provided, however, that when emergency medical care is required in life -
threatening circumstances, the notification may occur as soon as practicable.
No Waiver of Right to Seek Reimbursement. The above paragraphs relating to
medical costs are intended solely to define the obligations between the parties to this
agreement. Nothing contained within the provisions of this agreement shall be
construed to waive the rights of either party to seek reimbursement for costs from the
department of social and health services, or from the prisoner, or any other
responsible third -party.
7. Transportation: Transportation of CITY prisoners to the FORKS jail facilities will be
provided by the FORKS Police Department as needed, but not to exceed one time per
calendar week. FORKS Police Department, will travel to a mutually agreed upon
location for the pick-up. The one-way rate for transportation shall be included in the
daily prisoner rate. Upon release of CITY prisoners, FORKS may transport the
prisoner to the Forks Transit Center. A one-way ticket toward the CITY area may be
issued to the released prisoner. If the prisoner is needed for Court during
incarceration in the FORKS jail, it will be the responsibility of CITY to transport the
prisoner from FORKS jail to Court, and return.
8. Transfer of Custody: When the CITY law enforcement officers are placing arrested
persons in custody of FORKS, at a designated meet point between the parties or at
the Forks jail, the City officer shall be required to remain in the immediate presence of
the arrested person and shall be considered to have such person in their sole custody
until the FORKS booking officer audibly states that the prisoner is secured; at such
time and only then, will FORKS come into custody of said prisoner.
When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be
subject to all applicable rules, regulations and standards governing operation of the
FORKS jail, including any emergency security rules imposed by the FORKS Chief of
-3-
Police or designee. Any CITY police officer delivering a prisoner to FORKS jail shall
comply with reasonable rules and regulations of the FORKS jail.
9. Release of CITY Prisoner from FORKS Jail: No CITY prisoner confined in the FORKS
jail subject to this agreement shall be released except: (a) when requested by a
member of CITY Police Department; (b) in compliance with orders of the court in
those matters in which the courts have jurisdiction; (c) for appearance in court; (d) for
interviews by CITY police or attorneys; (e) if the prisoner has served his or her
sentence or the charge pending against said prisoner has been dismissed; or (f) as
determined by the FORKS Chief of Police as part of a plan to reduce prisoner
population as a result of facility overcrowding.
10. Record Keeping:
FORKS agrees to maintain a system of record keeping relative to the booking and
confinement of each CITY prisoner in such style and manner as equivalent to
FORKS's records pertaining to its own prisoners. FORKS shall make available, upon
request, to CITY or its authorized representatives, copies of said records.
11. CITY Access to Prisoners: All CITY police officers, investigators and the prisoner's
legal counsel shall have the right to interview the prisoners at any time inside the
confines of the FORKS jail, subject only to necessary security rules. Interview rooms
will be made available to CITY police officers in equal priority with those of any other
department.
12. Equal Treatment of CITY Prisoners: CITY and FORKS prisoners will be treated
equally for purposes of extradition, transportation, record keeping, and access to
special detention programs. During situations where jail population exceeds
maximum capacity, FORKS retains priority for the housing of FORKS prisoners.
FORKS will notify CITY if prisoner(s) are to be released due to situations where jail
population exceeds maximum capacity and give CITY an opportunity to transport
prisoner to another jail facility. When known, FORKS will notify CITY if the jail
population exceeds maximum capacity prior to the transportation of new prisoners to
the facility pursuant to paragraph 7 above.
13. Hold Harmless Agreement.
A. FORKS assumes full responsibility for the welfare, safety and safekeeping of
all CITY prisoners while in the custody of FORKS. FORKS agrees to hold
harmless, indemnify, and defend CITY its elected officials, officers,
employees and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees) (also including but not limited to claims related to alleged
mistreatment, injury, or death to any prisoner, or loss or damage to prisoner
property while in FORKS' custody) which result from or arise out of the
-4-
negligence of FORKS, its elected officials, officers, employees, and agents
in connection with or incidental to the performance or non-performance of
FORKS' services, duties and obligations under this Agreement.
B. The CITY agrees to hold harmless, indemnify, and defend FORKS its
elected officials, officers, employees and agents from and against any and
all suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorneys' fees) (also including but not limited to a
claim of false arrest, unlawful imprisonment and writs of habeas corpus
proceedings) which result from or arise out of the negligence of CITY, its
elected officials, officers, employees, and agents in connection with or
incidental to the performance or non-performance of CITY's services, duties
and obligations under this Agreement.
C. In the event that the officials, officers, agents, and/or employees of both
FORKS and the CITY are concurrently negligent, each party shall be liable
for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable
attorneys' fees).
D. Nothing contained in this section of this Agreement shall be construed to
create a liability or a right of indemnification by any third party.
E. The provisions of this section shall survive the expiration or termination of
this Agreement with respect to any event occurring prior to such expiration or
termination.
14. Duration of Agreement: Subject to the provisions of RCW 39.34.040, this Agreement
shall be effective on 1 June 2010, and said Agreement shall be in effect for a period of
three years. This Agreement will be renegotiated every three years. The Agreement
may be terminated upon written notice by either party with a minimum 90 days notice.
The notice shall state the grounds for the termination and the specific plans for
accommodating the affected jail population (per RCW 70.48.090 as amended).
Pursuant to RCW 39.34.040, each party shall be responsible for recording a copy of
this agreement with their County auditor and/or posting this agreement on the
agency's web -site.
15. Disputes: Disputes relating to the interpretation or administration of this agreement
that cannot be resolved by the representatives designated herein shall be referred to
the FORKS Mayor and CITY Mayor or their designees for settlement.
16. Joint Undertaking or Separate Entity: Pursuant to the requirements of RCW
39.34.030(3), the parties specify the following: 1) no new or separate legal or
administrative entity is created by the provisions of this agreement; 2) the parties to
this Agreement are each responsible for their own duties under this agreement; 3) no
-5-
I oint financing or budget is required; and 4) and no real or personal property will be
I ointly acquired by the parties under this Agreement. All property owned by each of
the parties shall remain its sole property to hold and dispose of in its sole discretion.
17. Non-Delegation/Non-Assignment: Neither party may delegate the performance of any
contractual obligation, to a third party, unless mutually agreed in writing. Neither party
may assign this agreement without the written consent of the other party.
18. Each Agency's officers, agents, nor employees are employees of the individual
Agency for any purpose including responsibility for any federal or state tax, industrial
insurance or Social Security liability. No provision of services under this Agreement
shall give rise to any claim of career service or civil service right, which may accrue to
an employee of the Agency under any applicable law, rule, or regulation.
19. Severability: If any provision of this contract shall be held invalid, the remainder of this
contract shall not be affected thereby if such remainder would then continue to serve
the purposes and objectives of both parties.
DATED this day of 2010.
City of Forks
Mayor
Chief of Police
APPROVED AS TO FORM:
City Attorney
Q
DATED this day of 2010.
City of Port Orchard
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Al Townsend, Chief of Police
APPROVED AS TO FORM:
regory A. Jacoby, City Attorney
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4G
Subject: Approval of Amendment No. 1 to Lease
Agreement No. 22-002582, with the
Department of Natural Resources for
Aquatic Lands
Meeting Date: July 13, 2010
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No: 148-08
Atty Review Date: July 7, 2010
Summary: The 3o-year Aquatic Lands Lease Agreement between the City of Port Orchard and
the Department of Natural Resources (DNR) for the waterfront area located between Orchard
Street and Sidney Street was entered into on June 3, 1982. The Lease Amendment provisions
attached herewith will become effective July 1, 20io, and will incorporate the terms and
conditions of the prior DNR Aquatic Lands Lease and must be executed and returned to the
DNR by July 29, 2010.
The current Lease Agreement will terminate on June 3, 2012 unless the City of Port Orchard
provides the DNR with a one-year notification for lease renewal. The City of Port Orchard
must notify the Department of Natural Resources of its future aquatic lands lease
intentions prior to June g, 2011.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute the
amendment to Aquatic Lands Lease No. 22-002582.
Motion for consideration: I move to authorize the Mayor to execute Amendment No. 1 to Lease
Agreement No. 22-002582, with the Department of Natural Resources for Aquatic Lands.
Fiscal Impact: None — the City is current on lease payments.
Alternatives: None.
Attachments: Amendment No. 1 to Lease Agreement No. 22-002582
v
WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark-Commissioner of Public Lands
LEASE AMENDMENT
Lease No. 22-002582
THIS LEASE AMENDMENT is made by and between the STATE OF WASHINGTON, acting
through the Department of Natural Resources ("State"), and the CITY OF PORT ORCHARD a
government agency/entity (Lessee).
BACKGROUND
Lease No. 22-002582 was entered into on the 3rd day of June, 1982, by and between the City of
Port Orchard as Lessee and the STATE OF WASHINGTON, acting by and through the
Department of Natural Resources, as landlord ("State"), and recorded with the Kitsap County
Auditor's office under recording number N/A (the "Lease").
The parties now desire to amend this Lease under the following terms and conditions:
THEREFORE, the parties agree as follows:
SECTION 1 AMENDMENTS
Exhibit A of the Lease is amended to read as attached hereto.
SECTION 2 EFFECTIVE DATE
The amended provisions shall become effective as of the 1 st, of July, 2010.
SECTION 3 NO RELEASE
State is not releasing any previous Assignor from fully performing the provisions of the Lease in
effect at the time of such assignment or as otherwise agreed in writing between the State,
previous Assignor, and the Lessee.
Lease Amendment Page 1 of 8 Lease No. 22-002582
SECTION 4 WARRANTIES
Lessee represents and warrants to State that (i) the Lease is in full force and effect; (ii) Lessee is
not in default or breach of the Lease; (iii) Lessee has no knowledge of any claims, offsets, or
defenses of the Lessee under the Lease; and (iv) to the best of Lessee's knowledge, the property is
in full compliance with all applicable federal, state, and local governmental permits, rules,
ordinances, and laws.
SECTION 5 CONFIRMATION OF LEASE
All other terms of the Lease not inconsistent with this Lease Amendment are hereby affirmed and
ratified.
SECTION 6 RECORDATION
Lessee shall record this Lease or a memorandum documenting the existence of this Lease in the
county in which the Property is located, at Lessee's sole expense. The memorandum shall, at a
minimum, contain the Property description, the names of the parties to the Lease, the State's
lease number, and the duration of the Lease. Lessee shall provide State with recording
information, including the date of recordation and file number. Lessee shall have thirty (30) days
from the date of delivery of the final executed agreement to comply with the requirements of this
subsection. If Lessee fails to record this Lease, State may record it and Lessee shall pay the costs
of recording upon State's demand.
Lease Amendment Page 2 of 8 Lease No. 22-002582
THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last
signature below.
Dated: 2p
Dated: 2p
CITY OF PORT ORCHARD
LARY COPPOLA
Title: Mayor
Address: 216 Prospect Street
Port Orchard, WA 98366
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
PETER GOLDMARK
Commissioner of Public Lands
Address: 950 Farman Avenue North
Enumclaw, WA 98022-9282
Approved as to Form this
October, 2003
Mike Grossmann, Assistant Attorney General
Lease Amendment Page 3 of 8 Lease No. 22-002582
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that LARY COPPOLA is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the MAYOR of the
CITY OF PORT ORCHARD to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
(Signature)
(Print Name)
Notary Public in and for the State of Washington,
residing at
My appointment expires
Lease Amendment Page 4 of 8 Lease No. 22-002582
STATE ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss
County of )
I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Commissioner of
Public Lands, and ex officio administrator of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such parry for the uses and purposes mentioned in
the instrument.
Dated:
(Signature)
(Print Name)
Notary Public in and for the State of Washington,
residing at
My appointment expires
Lease Amendment Page 5 of 8 Lease No. 22-002582
EXHIBIT A
Z
Al
-------------
+i}p'
'
3 j p @
a
' -- RW2 0 3a
} •c /JJ+7S .fJ�YeS , wO o e Us T
o e
il_—--_-- ------- t—
o
/
3
i B�2,49pdd1 i�a� �
pp1�
aFt; j YA IN ET
� � N
a
MtT
xe-71
-i1'sra: i 34 Y\11iI�' a alp 3 Q
j9 g �s,g3
14
Ba%;Aia'i �iag;'ai 5g
iFgFg^as8i$���Ei�?'�g��`�� �4 �
:113yy'�€get[��a�y{y,,fit,
yy3 ji;y9�•4}¢I3t sS Erg U a
xA�� ",•"�-----i\y_dl� aC9gE5; g`�,�Wggs o,t n°F'S Nws _ f�fj13 3#tS eeeggqq§,��0"H yp
I$ ePq as ,'/P.s�O �6(634d5}�;Ffy-pate _sfitiE�'pY„. }e a i2_
l / ai•y$ a %s [4539 } E""I_yie5 t i
: s.nn.ix ---x� r%k� (}":-q6a__i €'s :c t=szg INHE
:-ter§§ 5g}=3$ _yet lF4°"isciat ] q�i '
I E
11fli3k E-
.'iq e• - a� i„ 3I
¢ a"
pp pp aapp
'a5i 7g r;"=�d_E
rc�ete " fg4:i�A } aFayR�� .ija$�
','sia*,€ IEi':_'•psi !a%i�s�t4s�a!?
Ya\ie` �\. PsJVyog �sq(fsN - s.�'k'96,55
\`r
Lease Amendment Page 6 of 8 Lease No. 22-002582
EX III Bu A
.. 9 eulf.LV •O I16 .... ... .. <N
ILLYf t pti 0V9! `_� 4 ° C
4t'' ','
Ait®�
1�45�j
\ e h &§
Y
!- P
'n \ w/
....... �\ -' \. _.�.,. _-.:. \>''' �� .`dz too
" 2 N
RT
£3 i B
ml
............. y
{ .s p� 5i 3t I i ¢ 8 4 / A. �� v "M
�151 g 3
i,af
_fVS
! gfia�
CI �I i b
I21 r �
it •° ...�, ��
J
°°
Soo
�l•\ �P M .a it
Lease Amendment Page 7 of 8 Lease No. 22-002582
V
EXHUrA
m
3 n
W '
s ti4 8
S
MY[)
h"l,
4
Oil
s
�
j 2sii
e
., pq
A\
\
q
3
Eire�
9
Y�f;
3{
E;5;p
N
h
T
r
a
Xil
Lease Amendment Page 8 of 8 Lease No. 22-002582
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Presentation
Subject: Proclamation: too Years of Camp
Fire Days
Meeting Date: July 13, 2010
Prepared by: Lary Coppola
Atty Routing No:
Atty Review Date:
Mayor
NA
On May 21, 2010, Abbey Norris indicated that Camp Fire USA is celebrating too years of
building caring, confident youth and future leaders and is interested in having the City of Port
Orchard proclaim July 31, 2010 as `too Years of Camp Fire Day'. See the attached
Proclamation.
In addition, the keystone event of their 2010 Centennial will take place on Saturday, July 31,
2010. This official national event will feature a special lighting of commemorative campfires at
precisely 7:30 p.m. in each time zone. Locally, the Central Puget Sound Council will hold an
event at Magnuson Park in Seattle, WA. They expect to have 400 guests, including youth
participants, alumni, donors, board of directors, volunteers, and their friends and families and
invite you to join them.
PROCLAMATION
WHEREAS, Camp Fire USA was founded by Charlotte and Dr. Luther Gulick in igio as Camp Fire Girls, and
was the first non-sectarian, interracial organization for girls in the United States. Based on a commitment to the
entire family, membership was expanded to include boys in 1975, and today, half of the membership is comprised of
boys under the name of Camp Fire USA; and
WHEREAS, Camp Fire USA is celebrating too years of building caring, confident youth and future leaders
in 2oro; and
WHEREAS, Camp Fire USA's motto since 1910 has been, "Give Service'; and
WHEREAS, Camp Fire USA welcomes all children, youth and adults regardless of race, religion,
socioeconomic status, disability, sexual orientation or other aspect of diversity; and
WHEREAS, Camp Fire USA has as its logo a fluid flame, symbolizing the hearth and the out-of-doors. The
symbolism of Camp Fire USA's commitment to inclusiveness is apparent in the open triangle surrounding the flame;
and
WHEREAS, Camp Fire USA promotes effective youth development that builds assets and empowers
individuals through small groups where children and youth are actively involved in creating their own learning; and
WHEREAS, Camp Fire USA provides safe, fun and nurturing environments for children and youth in
coeducational settings, providing opportunities for boys, girls and families to develop together with programs
delivered in schools, camps, housing developments, neighborhood centers, and transitional housing shelters; and
WHEREAS, Camp Fire USA challenges parents and youth to build character, adopt strong values, develop
positive life skills and exercise responsibility to family and community; and
WHEREAS, the keystone event of the Camp Fire USA Central Puget Sound Council will take place at
Magnuson Park on Saturday, July 31, 2010, when Camp Fire USA will mark its tooth anniversary at Centennial
Campfires held across the country; and
WHEREAS, Camp Fire USA celebrates its centennial to spark a new interest in Camp Fire USA and renew
interest among Camp Fire alumni and create enthusiasm for Camp Fire USA's role -- past, present, and future -- in
delivering quality program opportunities to all children, youth and their families; and
NOW, THEREFORE, I, Lary Coppola, the Mayor of Port Orchard, do hereby proclaim and salute Camp Fire
USA Central Puget Sound Council for both its rich history and bright future. I applaud the mission of the
organization and its continued effort to strive for excellence as it forges into its second century of existence,
dedicated and committed to positively impacting youth, families and communities across the country. I am proud
that Camp Fire USA exists in the Central Puget Sound, and I proclaim July 31, 2010, as
"ioo Years of Camp Fire Day"
in the City of Port Orchard and I call upon all employees and citizens of the City of Port Orchard to observe this
day with appropriate recognition whereof.
Signed this 13th day of July 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. Presentation 5B Meeting Date: July 13, 2010
Subject: Olympic Bird Fanciers Presentation Prepared by: NA
Atty Routing No: NA
Atty Review Date: NA
Pamela Cloer of the Olympic Bird Fanciers will provide a brief presentation regarding their
organization and use of the Active Club Building. See attached letter from the Olympic Bird
Fanciers organization.
June 4, 2010
Mr. Lary Coppola, Mayor
Port Orchard City Council
City of Port Orchard
216 Prospect St
Port Orchard WA 98366
Dear Mr. Coppola & City Council Members;
ha
JUN J i U ,�
Cl'tY f), r'J T C%ilCHARD
CliY C1ERKS OFFICE
The purpose of our letter is to ask for your reconsideration of the ban on animals
at the Active Club as unnecessary and unfairly restrictive to regular user groups.
It's our belief that this restriction was a gross over reaction to a very few
unfounded complaints. I've polled every user group and those who plan to
remain after the rent increase unanimously agree that the restriction is not
necessary and that there has never been an issue in regards to animals that
could not have been worked out between groups. We feel that the city council
chose to go through with the ban on animals without allowing the groups involved
even a chance to argue our case. By taking hasty action you've effectively
crippled the most community spirited, educational, productive group that uses the
Active Club
We provide generous monetary support for many charities including West Sound
Wildlife Shelter. We provide low cost vet clinics for seniors and those who can't
afford to see a regular avian vet. OBF constructs a float and participates in all
three Kitsap County parades each year; we set up and man an interactive
educational booth at the Kitsap County Fair and Stampede each year and the
last two years have won the "Directors Award" for the best educational display;
We can't do any of this without a place to call "Home".
Our meetings are about the husbandry, care, health, feeding and enjoyment of
birds. We can not do that without birds being present. Our education involves
veterinarians coming to speak and demonstrate the proper methods of grooming
wings, nails, administering medications. We have behaviorists and trainers give
hands on workshops on behavior modification, training and rehabilitation. We
offer low cost clinics to local bird owners so they can have their birds groomed
without the expense of a vet.
We have been good tenants of the Active Club. We've always left the facility
cleaner than we found it. After hearing that there had been a complaint about
11poop" and feathers I met with the Quilters to ask if they really saw a problem
following our meetings and was told "Well... not really a problem with us so much
as a problem with the lack of janitorial cleaning" . One of the ladies got fed up,
pulled a bunch of lockers out from the wall, swept all the accumulated dust
bunnies and yes, a few feathers, out into the middle of the room and called
Public Works to pitch a fit. She admitted that it wasn't about OBF at all, but we
were the easiest targets to vent about. As for the issue of fleas, hair etc. most
folks didn't even know a dog group used the facility at all. We certainly didn't
ever see any hair, feces, nor a single flea. What we did witness was spilled food
and occasional mess left over from a group's party. Again... not enough to oust
any particular group but something that a discussion could have resolved.
What I'm saying is that the complaints regarding animals could have been
worked out at a "Round Table" meeting of user groups to the benefit of all. There
are also a number of ideas on ways to save the City money and yet make the
Active Club an even more valuable community resource.
I completely understand that the people in the Public Works Office have better
things to do with their time than field complaint calls from user groups. With that
in mind, several of the more active people in the user groups are meeting to set
up a "User Group Complaint Committee" to field just such calls. Groups will be
encouraged to make any complaints directly to the offending group's contact
rather than to Public Works. Our goal is to make the Active Club a safe, friendly,
trouble free environment for public use as it was intended. We also want it to be
a trouble free resource from the City's point of view.
We've diligently tried to find other accommodations for our meetings to no avail.
There just isn't any other place for our group to safely meet, with that in mind we,
Olympic Bird Fanciers, are respectfully requesting that birds be allowed at our
meetings once again.
Thank you for your consideration of our needs;
Olympic Bird Fanciers
ILM
Nv
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 0 FAX (36o) 895-9029
Amenda Staff Report
Agenda Item No. Public Hearing 6A Meeting Date:
Subject: Adoption of the 2009 Edition of the Prepared by:
International Building and Fire
Codes Atty Routing No:
July 13, 2010
James R. Weaver
Development Director
NA
Atty Review Date: NA
Summary: The Washington State Building Code Council periodically adopts revised building
codes. As such, on July r, 2010, the Washington State Code Council voted to adopt the 2009
Edition of the building codes with an effective date of July 1, 2010. The following Ordinances
adopts the new edition of the codes in order to be in compliance with the State.
Ordinance No. 013-10 International Building Code
Ordinance No. 014-10 Fire Code
Recommendation: Staff recommends Council open the Public Hearing.
Fiscal Impact: None.
Alternatives: Do not open the Public Hearing.
Attachments: Ordinance No. 013-10 International Building Code
Ordinance No. 013-10 International Building Code -Redlines
Ordinance No. 014-10 Fire Code
Ordinance No. 014-10 Fire Code -Redlines
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13, 2010
Adopted:
ORDINANCE NO. 013-010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2e662oo9 EDITIONS OF THE
INTERNATIONAL BUILDING CODE AS ADOPTED BY THE STATE
BUILDING CODE COUNCIL, AND ADOPTING THE WASHINGTON
STATE HISTORIC BUILDING CODE, AND AMENDING PORT
ORCHARD MUNICIPAL CODE SECTION 15.04.010.
WHEREAS, the Washington State Building Code Council (Code Council) periodically
adopts uniform codes of statewide applicability, collectively referred to as the state building
code;and
WHEREAS, on November i7a, ?e962o09, the Code Council voted to adopt the _, Fo rt
2ee62oo9 Edition of the International Building Codes and the effective date of the
2ee620o9 edition of the codes is July 1, 2eey2oio; and
WHEREAS, the Cityof Port Orchard has previously adopted the 2ee3-2oo6 Edition
of the International Building Code as adopted by the Code Council; and
WHEREAS, RCW 35.21.180 grants authority to cities to adopt statutes and codes by
reference; and
WHEREAS, RCW 19.27.031 provides that the state building code as adopted by the
Code Council shall be in effect in all counties and cities; and
WHEREAS, the City Council finds that the public health, safety, and welfare will be
served by keeping current with the most current edition of the state building code. Now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Port Orchard Municipal Code Section 15.04.01o, Building Codes
Adopted, is AMENDED to read as follows:
15.04.010 Building Codes Adopted.
Ordinance No. 013-10
Page 2 of 5
(1) The 2ee62009 Editions of the following codes as adopted by the
Washington State Building Code Council, together with the appendices of
such codes as specified herein, are hereby adopted as the official building
codes of the City of Port Orchard as though fully set forth herein:
(a) International Building Code, excluding Chapter ii
(accessibility), together with Appendices B, E, and F; and
(b) International Mechanical Code, together with Appendices A,
H, and I;
(c) International Fuel Gas Code;
(d) International Residential Code, together with Appendices H
and M, and excluding Chapter 41 (swimming pools), Section
302, and Table 302.1; and specifically retaining Section 302 of
the 2003 Edition of the International Residential Code as
adopted by the State Building Code Council.
(2) The 1997 Edition of the Uniform Code for the Abatement of Dangerous
Buildings together with the appendices, as published by the International
Conference of Building Officials, is hereby re -adopted as the official code
of the City of Port Orchard as though fully set forth herein. A copy of the
code referenced herein is on file with the City Clerk.
(3) The 29e620o9 Edition of the International Building Code, as adopted
herein, is amended to read as follows:
(a) Subsection 105.2:
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits
shall not be required for the following:
(i) One-story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area does
not exceed 120 square feet (ii m2).
(2) Fences not over 6 feet (1,829 mm) high.
(3) Oil derricks.
(4) Retaining walls which are not over 4 feet (1,219 mm) in
Ordinance No. 013-10
Page 3 of
height measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge or impounding Class I, II or III -A
liquids.
(5) Water tanks supported directly on grade if the capacity does
not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter
or width does not exceed 2 to 1.
(6) Sidewalks and driveways not more than 30 inches (762 mm)
above grade and not over any basement or story below and which are
not part of an accessible route.
(7) Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
(8) Temporary motion picture, television and theater stage sets
and scenery.
(9) Prefabricated swimming pools accessory to a Group R-3
occupancy, as applicable in Section 101.2, which are less than 24
inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are
installed entirely above ground.
(1o) Shade cloth structures constructed for nursery or agricultural
purposed and not including service systems.
(ii) Swings and other playground equipment accessory to
detached one- and two-family dwellings.
(12) Window awnings supported by an exterior wall which do not
project more than 54 inches (1372 mm) from the exterior wall and do
not require additional support of Group R-3, as applicable in Section
101.2, and Group U occupancies.
(13) Nonfixed and movable fixtures, cases, racks, counters and
partitions not over 5 feet 9 inches (1753 mm) in height.
(b) A new Subsection io8.7 is added to read as follows:
The Building Official is authorized to waive the Permit Fee and Plan
Review specified in the International Building Code and in the
Uniform Plumbing Code upon satisfaction of the following conditions:
Ordinance No. 013-10
Page 4 of 5
(1) The permit is for a residential unit of an owner/occupier who
is 6o years or older with a maximum annual income, together with all
persons in the household, below the poverty line as established by the
Office of Management & Budget in Washington D.C.
(2) The work is for essential repairs and improvements, such as
insulation, weatherization, roof repairs, structural repairs or essential
plumbing repairs.
(3) The owner/occupant of the home completes a form supplied
by the Building Official requesting exception from the Building Permit
Fees.
(4) International Residential Code (IRC) Table R3o1.2(1) is amended in the
blanks of the table as follows:
Ground Snow Load=30 psf
Wind Speed=85 mph
Seismic Design Category=D2
Weathering=Moderate
Frost Line Depth=12 inches
Termite=Slight to Moderate
Decay=Moderate to Severe
Winter Design Temp=26
Ice Shield Underlayment Required=No
Flood Hazards=(a) 198o, (b) 198o
Air Freezing Index=148
Mean Annual Temp=51.4
(5) The following code, as adopted by the Washington State Building Code
Council, together with the appendices of such codes, as applicable, is hereby adopted
as the official building code of the City of Port Orchard as though fully set forth
herein:
(a) Washington State Historic Building Code.
(Ord. 007-o6 § 1, 20o6; Ord. 1945 § 1, 2004; Ord. 1735 § 2, 1998; Ord. 1729 § 2,
1998).
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance maybe published
in lieu of the entire ordinance, as authorized by State Law.
Ordinance No. 013-10
Page . of 5
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 13th day of J July
2eeg2oro.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Councilmember, Fred Chang
Inriroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13, 2010
Adopted:
ORDINANCE NO. 013-010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2ooq EDITIONS OF THE
INTERNATIONAL BUILDING CODE AS ADOPTED BY THE
STATE BUILDING CODE COUNCIL, AND ADOPTING THE
WASHINGTON STATE HISTORIC BUILDING CODE, AND
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION
15.o4.oio.
WHEREAS, the Washington State Building Code Council (Code Council)
periodically adopts uniform codes of statewide applicability, collectively referred to as the
state building code; and
WHEREAS, on November 12, 2009, the Code Council voted to adopt the 2009
Edition of the International Building Codes and the effective date of the 20o9 edition of the
codes is July 1, 2oio; and
WHEREAS, the City of Port Orchard has previously adopted the 20o6 Edition of
the International Building Code as adopted by the Code Council; and
WHEREAS, RCW 35.21.18o grants authority to cities to adopt statutes and codes
by reference; and
WHEREAS, RCW 19.27.031 provides that the state building code as adopted by the
Code Council shall be in effect in all counties and cities; and
WHEREAS, the City Council finds that the public health, safety, and welfare
will be served by keeping current with the most current edition of the state building code;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 15.04.oio, Building Codes
Adopted, is AMENDED to read as follows:
Ordinance No. 013-10
Page 2 of 5
15.04.010 Building Codes Adopted.
(1)
The 2oo9 Editions of the following codes as adopted by the Washington State
Building Code Council, together with the appendices of such codes as specified
herein, are hereby adopted as the official building codes of the City of Port Orchard
as though fully set forth herein:
(a) International Building Code, excluding Chapter 11
(accessibility), together with Appendices B, E, and F; and
(b) International Mechanical Code, together with Appendices A,
H, and I;
(c) International Fuel Gas Code;
(d) International Residential Code, together with Appendices H
and M, and excluding Chapter 41 (swimming pools), Section
302, and Table 302.1; and specifically retaining Section 302 of
the 2003 Edition of the International Residential Code as
adopted by the State Building Code Council.
(2) The 1997 Edition of the Uniform Code for the Abatement of Dangerous
Buildings together with the appendices, as published by the International
Conference of Building Officials, is hereby re -adopted as the official code
of the City of Port Orchard as though fully set forth herein. A copy of the
code referenced herein is on file with the City Clerk.
(3) The 2009 Edition of the International Building Code, as adopted herein,
is amended to read as follows:
(a) Subsection 105.2:
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits
shall not be required for the following:
(1) One-story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area does
not exceed 120 square feet (11 m2).
(2) Fences not over 6 feet (1,829 mm) high.
Ordinance No. 013-10
Paize q of
(3) Oil derricks
(4) Retaining walls which are not over 4 feet (1,219 mm) in
height measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge or impounding Class I, II or III -A
liquids.
(5) Water tanks supported directly on grade if the capacity does
not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter
or width does not exceed 2 to 1.
(6) Sidewalks and driveways not more than 30 inches (762 mm)
above grade and not over any basement or story below and which are
not part of an accessible route.
(7) Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
(8) Temporary motion picture, television and theater stage sets
and scenery.
(9) Prefabricated swimming pools accessory to a Group R-3
occupancy, as applicable in Section 101.2, which are less than 24
inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are
installed entirely above ground.
(1o) Shade cloth structures constructed for nursery or agricultural
purposed and not including service systems.
(11) Swings and other playground equipment accessory to
detached one- and two-family dwellings.
(12) Window awnings supported by an exterior wall which do not
project more than 54 inches (1372 mm) from the exterior wall and do
not require additional support of Group R-3, as applicable in Section
101.2, and Group U occupancies.
(13) Nonfixed and movable fixtures, cases, racks, counters and
partitions not over 5 feet 9 inches (1753 mm) in height.
(b) A new Subsection 1o8.7 is added to read as follows:
Ordinance No. 013-10
Paee 4 of r,
The Building Official is authorized to waive the Permit Fee and Plan
Review specified in the International Building Code and in the
Uniform Plumbing Code upon satisfaction of the following conditions:
(1) The permit is for a residential unit of an owner/occupier who
is 6o years or older with a maximum annual income, together with all
persons in the household, below the poverty line as established by the
Office of Management & Budget in Washington D.C.
(2) The work is for essential repairs and improvements, such as
insulation, weatherization, roof repairs, structural repairs or essential
plumbing repairs.
(3) The owner/occupant of the home completes a form supplied
by the Building Official requesting exception from the Building Permit
Fees.
(4) International Residential Code (IRC) Table R301.2(1) is amended in the
blanks of the table as follows:
Ground Snow Load=30 psf
Wind Speed=85 mph
Seismic Design Category=D2
Weathering=Moderate
Frost Line Depth=12 inches
Termite=Slight to Moderate
Decay=Moderate to Severe
Winter Design Temp=26
Ice Shield Underlayment Required=No
Flood Hazards=(a) 1980, (b)198o
Air Freezing Index=148
Mean Annual Temp=51.4
(5) The following code, as adopted by the Washington State Building Code
Council, together with the appendices of such codes, as applicable, is hereby adopted
as the official building code of the City of Port Orchard as though fully set forth
herein:
(a) Washington State Historic Building Code.
(Ord. 007-o6 § 1, 20o6; Ord. 1945 § 1, 2004; Ord. 1735 § 2, 1998; Ord. 1729 § 2,
1998).
Ordinance No. 013-10
Paee r, of F
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance maybe published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard. APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 13th day of July 2010.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Councilmember, Fred Chang
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13, 2010
Adopted:
ORDINANCE NO. 014-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON,ADOPTING THE eoo6 2ooq INTERNATIONAL
FIRE CODE (IFC) AS ADOPTED BY THE STATE BUILDING
CODE COUNCIL TOGETHER WITH APPENDICES B AND D,
AND ADOPTING CERTAIN LOCAL AMENDMENTS TO THE
20o6 INTERNATIONAL FIRE CODE AND AMENDING PORT
ORCHARD MUNICIPAL CODE SECHONS 15.12.010, .030,
.040, .050, .070, .o8o AND .too.
WHEREAS, the Washington State Building Code Council (Code Council) periodically
adopts building codes of statewide applicability, collectively referred to as the state building
code; and
WHEREAS, on November 12, 2009 the Code Council voted to adopt the 2e" 2O0o
Edition of the International Fire Code, along with amendments thereto, and the effective date of
the code is July i, 2ee9-2oio; and
WHEREAS, the City of Port Orchard has previously adopted the 2003 2oo6 Edition of
the International Fire Code as adopted by the Code Council; and
WHEREAS, RCW 35.2i.18o grants authority to cities to adopt statutes and codes by
reference; and
WHEREAS, RCW 19.27.031 provides that the state building code as adopted by the
Code Council shall be in effect in all counties and cities; and
WHEREAS, the City Council finds that the public health, safety, and welfare will be
served by keeping current with the most current edition of the state building code; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Port Orchard Municipal Code Section 15.12.010, International Fire Code,
2003 Edition, adopted, is hereby AMENDED to read as follows:
15.12.010 International Fire Code, 2ee6 2ooq Edition, adopted.
The 2ee6 2oog_Edition of the International Fire Code, as adopted by the
Washington State Building Code Council, including amendments, is hereby
adopted, together with Appendices B and D, except as to local amendments as set
Ordinance No. 014-10
Page 2 of 10
forth in Section 15.12.1oo, as the official fire prevention code of the City of Port
Orchard, as though fully set forth herein. One copy is on file in the office of the
city clerk.
SECTION 2. Port Orchard Municipal Code Section 15.12.03o, Definitions, is hereby
AMENDED to read as follows:
15.12.ow Definitions.
(1) Whenever "municipality" is used in the International Fire Code, it means the
city of Port Orchard.
(2) Whenever "jurisdiction" or "department of fire prevention" is used in the
International Fire Code, it means fire authority.
(3) Whenever "counsel" is used in the code, it means the city attorney.
(4) Whenever "police" is used in the code, it means the City of Port Orchard
police department.
(5) Whenever "fire chief' or "fire code official" or "fire department" is used in
the code, it means fire authority.
(6) Whenever "fire area" is used in the code, it means the total floor area of all floor
levels within the exterior walls and under the horizontal projections of the roof of a building.
(7) Whenever "governing body" is used in the international Fire Code, it means
the City Council of Port Orchard.
SECTION R. Port Orchard Municipal Code Section 15.12.04o, District limits for storage
of flammable and combustible liquids, liquefied petroleum gases, and explosives, is hereby
AMEMDED as follows:
15.12.04o District limits for storage of flammable and combustible liquids,
liquefied petroleum gases, and explosives and blasting agents.
The limits referred to in Chapter 34 of the fire prevention code in which storage
of flammable and combustible liquids in outside aboveground
storage tanks is prohibited, the limits referred to in Chapter 38 of the
fire prevention code in which bulk storage of liquefied petroleum gas is
restricted, and the limits referred to in Chapter 33 of the fire prevention
code, in which storage of explosives and blasting agents is prohibited, are
established as follows:
Beginning at the intersection of the outer harbor line and the west boundary of
the city; thence southerly along the west boundary to the southerly margin of Bay
Street thence northeasterly along the southerly margin to the projected centerline
Ordinance No. 014-10
Page i of 10
of alley in Block 2, original plat of Sidney; thence east along the centerline of the
alley to the intersection with the centerline at Cline Street; thence north to the
centerline of the alley in Block 7, original plat of Sidney; thence east to the
centerline of Austin Avenue; thence north to the centerline of Kitsap Street;
thence east to the centerline of Seattle Street; thence north to a point two
hundred feet south of the centerline of Bay Street; thence parallel to the
centerline of Bay Street easterly to the centerline of Blackjack Creek to the west
line of Maple Street Waterway projected southerly; thence northerly along the
west line of Maple Street Waterway to the outer harbor line; thence southwesterly
along the outer harbor line to the point of beginning.
SECTION 4 Port Orchard Municipal Code Section 15.12.05o, Appeals, is hereby
AMENDED as follows:
15.12.05o Appeals.
Whenever the fire authority shall disapprove an application or refuse to grant a
permit applied for, or when it is claimed that the provisions of the codes do not
apply or that the true intent and meaning of the codes have been misconstrued or
wrongly interpreted, the applicant may appeal from the decision of the fire
authority within 30 days from the date of the decision in accordance with Section
1o8 of the 20o6 2oog Edition of the International Fire Code, as adopted herein.
SECTION R. Port Orchard Municipal Code Section 15.12.070, Establishment and duties
of bureau of fire prevention, is hereby AMENDED as follows:
15.12.070 Establishment and duties of bureau of fire prevention.
(1) The adopted code shall be enforced and administered by the fire authority
(2) The fire code official in charge of the bureau of fire prevention shall be
appointed by the fire chief on the basis of examination to determine his/her
qualifications.
(3) The fire authority may detail such members of the fire department as
inspectors as shall from time to time be necessary.
SECTION 6. Port Orchard Municipal Code Section 15.12.o8o, New materials, processes
or occupancies which may require permits, is hereby AMENDED as follows:
15.12.o8o Operational permits.
Upon approval of the governing body the fire authority for the city of Port
Orchard shall be allowed to implement a permit program in order to require the
issuance of operational permits per section 105.1.2(1). In the event that any new
materials, processes or occupancies will require operational permits, in addition
to those now enumerated in said code, the fire authority shall create a list of the
new materials process or occupancies that will require operational permits and
Ordinance No. 014-10
Pace a of 10
post the list in a conspicuous place in the fire authority office and distribute
copies thereof to interested parties.
SECTION 7. Port Orchard Municipal Code Section 15.12.100, State Fire Code
Adoptions and Local Amendment of the 2003 edition of the International Fire Code, is
AMENDED to read as follows:
15.12.1oo Local Amendments to the 20" 2009 Edition of the International Fire
Code, as adopted in Section 15.12.010.
he City of Port Orchard adopts, as local amendments, and further amends the
following sections of the eoe6 20o9 Edition of the International Fire Code as
adopted by the Washington State Building Code Council, including amendments
to appendices B and D as follows:
Section 102.6-7:
102.62 Referenced codes and standards. The codes and standards referenced
in this code shall be those that are listed in Chapter 45 47 and such codes
and standards shall be considered part of the requirements of this code to the
prescribed extent of each such reference as interpreted by the fire code official.
Where differences occur between the provisions of this code and the
referenced standards, the provisions of this code shall apply.
Section 503:
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Section 503 and Appendix D.
503.1.1 Buildings and facilities. Approved fie apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed or
moved into or within the urisdiction. The fire apparatus access road shall comply
with the requirements ofthissection and shall extend to within 15o feet (45 720
min) of all portions of the facility and all portions of the exterior walls of the first
story of the building as measured by an approved route around the exterior of the
building or facility.
Excep 'on: The fire code official is authorized to increase the dimension of 150
feet 45 72o mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3•
2. Fire apparatus access roads cannot be installed because of location on property,
topography, waterways, nonnegotiable grades or other similar conditions,
and an approved alternative means of fire protection is provided.
Ordinance No. 014-10
Paee r of ro
3. There are not more than two Group R-3 or Group U occupancies.
503.1.2 Additional access. The fire code official is authorized to require more
than one fire apparatus access road based on the potential for impairment of a
single road by vehicle congestion, condition of terrain, climatic conditions or other
factors that could limit access.
503.1.3 High -piled storage. Fire department vehicle access to buildings used
for high -piled combustible storage shall comply with the applicable provisions of
Chapter 23.
503.2 Specifications. Fire apparatus access roads shall be installed and
arranged in accordance with Sections 503.2.1 through 503.2.7.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet (6o96 mm), except for approved security gates in
accordance with Section 503.6, and an unobstructed vertical clearance of not less
than 13 feet 6 inches (4115 mm).
503.2.2 Authority. The fire code official shall have the authority to require an
increase in the minimum access widths where they are inadequate for fire or
rescue operations.
503.2.3 Surface. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be surfaced so
as to provide all-weather driving capabilities.
503.2.4 Turning radius. The required turning radius of a fire apparatus
access road shall be 35ft. inside radius and 48ft. outside radius for commercial
and 25ft. inside and 40ft. outside radius for residential.]
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet
(45 720 mm) in length shall be provided with an approved area for turning
around fire apparatus.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is
part of a fire apparatus access road, the bridge shall be constructed and maintained
in accordance with AASHTO Standard Specification of Highway Bridges able to
support loads of 6o,000 pounds. Bridges and elevated surfaces shall be designed
for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load
limits shall be posted at both entrances to bridges when required by the fire code
official. Where elevated surfaces designed for emergency vehicle use are adjacent
to surfaces which are not designed for such use, approved barriers, approved
signs or both shall be installed and maintained when required by the fare code
official.
503.2.7 Grade. The gradient of the fire apparatus access road shall not exceed
12%.
Ordinance No. 014-10
Page 6 of io
Exception: Gradient of the fire apparatus access road may be increased up to 15% if
all buildings are protected by an approved automatic fire sprinkler system.
Gradients of fire apparatus access road in excess of 15% will require the approval of
the Fire Chief.
503.3 Marking. Where required by the fire code official, approved signs or
other approved notices shall be provided for fire apparatus access roads to identify
such roads or prohibit the obstruction thereof. Signs or notices shall be
maintained in a clean and legible condition at all times and be replaced or
repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads
shall not be obstructed in any manner, including the parking of vehicles. The
minimum widths and clearances established in Section 503.2.1 shall be
maintained at all times.
503.5 Required gates or barricades. The fire code official is authorized to
require the installation and maintenance of gates or other approved barricades
across fire apparatus access roads, trails or other access ways, not including public
streets, alleys or highways.
503.5.1 Secured gates and barricades. When required, gates and barricades shall
be secured in an approved manner. Roads, trails and other access ways that have
been closed and obstructed in the manner prescribed by Section 503.5 shall not be
trespassed on or used unless authorized by the owner and the fire code official.
Exception: The restriction on use shall not apply to public officers acting within the
scope of duty.
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire chief. Where security gates are installed,
they shall have an approved means of emergency operation. The security gates
and the emergency operation shall be maintained operational at all times.
503.7 Residential Private Access. Group R-3, R-4, or Group U occupancies
allowed on a private access if a residential sprinkler system is installed in each
new structure.
Exception: There are not more than two Group R-3, R-4, or Group U
occupancies.
Section 903:
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in this
section:
Ordinance No. 014-10
Page 7 of 10
Exception: Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power distribution
equipment, batteries and standby engines, provided those spaces or areas are
equipped throughout with an automatic fire alarm system and are separated
from the remainder of the building by fire barriers consisting of not less than
r-hour fire -resistance -rated walls and and 2-hour fire resistance -rated
floor/ceiling assemblies.
i. Where this code requires the installation of an automatic sprinkler system
to protect an occupancy within an otherwise non-sprinklered building, then
automatic sprinkler protection will be required throughout the entire
building.
2. Portions of buildings which are separated by one or more four-hour area
separation walls constructed in accordance with the International Building
Code, without openings and provided with a 3o-inch (762 mm) parapet, are
allowed to be considered as separate fire areas.
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group
A-1 occupancies where one of the following conditions exists:
1. The fire area exceeds 10,00o square feet (929 m2);
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multitheater complex.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group
A-3 occupancies where one of the following conditions exists:
1. The fire area exceeds ro,000square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: Areas uses exclusively as participant sports areas where the main floor area is
located at the same level as the level of exit discharge of the main entrance and exit
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group
A-4 occupancies where one of the following conditions exists:
1. The fire area exceeds io,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: Areas uses exclusively as participant sports areas where the main floor area is
Ordinance No. 014-10
Pace 8 of ro
located at the same level as the level of exit discharge of the main entrance and exit
903.2.1.6 Group B. An automatic sprinkler system shall be provided for Group
B occupancies where the fire area exceeds 10,00o square feet.
903.2.3 Group F. An automatic sprinkler system shall be provided throughout all
buildings containing a Group F occupancy where one of the following conditions
exist:
1. Where a Group F fire area exceeds io,000 square feet (929 m2);
2. Where a Group F fire area is located more than three stories above grade plane.
903.2.6 Group M. An automatic sprinkler system shall be provided throughout
buildings containing a Group M occupancy where one of the following conditions
exists:
1. Where a Group M fire area exceeds 10,00o square feet (929 m2);
2. Where a Group M fire area is located more than three stories above grade plane.
903.2.7 Group R An automatic sprinkler system in accordance with Section 903
shall be provided throughout buildings containing a Group R occupancy,
including town homes and condos where one of the following exist:
1. The fire area exceeds 5,000 square feet (929 m2);
2. The fire area has 5 or more units; or
3. The fire area is located on a floor other than the level of exit discharge.
903.2.8 Group S. An automatic sprinkler system shall be provided throughout
all buildings containing a Group S occupancy where one of the following
conditions exist:
1. Where a Group S fire area exceeds 10,00o square feet (929 m2);
2. Where a Group S fire area is located more than three stories above grade plane.
Section 907:
907.2 Where required —new buildings and structures. An approved manual
and automatic fire alarm system shall be provided in all Group A, B, F, M and
S occupancies having 4,000 square feet or greater of total floor area. An
approved manual, automatic, or manual and automatic fire alarm system shall be
provided in new buildings and structures in accordance with Sections 907.2.1
through 907.2.23. Where automatic sprinkler protection installed in accordance
with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the building fire
Ordinance No. 014-10
Page o of ro
alarm system, automatic heat detection required by this section shall not be
required
An approved automatic fire detection system shall be installed in accordance with the
provisions of this code and NFPA 72. Devices, combinations of devices, appliances
and equipment shall comply with Section 907.1.2. The automatic fire detectors shall
be smoke detectors. Where ambient conditions prohibit installation of automatic
smoke detection, other automatic fire detection shall be allowed.
EXCEPTION: The fire code official may reduce requirements for the fire
alarm system for buildings protected by an approved automatic sprinkler
system.
Appendix B:
B104.2 Area separation. Portions of buildings which are separated by one or
more four-hour area separation walls, constructed in accordance with the
Building Code, without openings and provided with a 3o-inch (762 mm)
parapet, are allowed to be considered as separate fire areas.
Appendix D:
D103.2 Grade. New fire apparatus access roads shall not exceed 12 percent in
grade.
Exception: Grades steeper than io percent as approved by the fire chief. Gradient of
the fire apparatus access road may be increased up to 15% if all buildings are
protected by an approved automatic fire sprinkler system. Gradients if fire
apparatus access roads in excess of 15% will require approval of the fire chief.
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
r. The minimum gate width shall be 12 feet (3658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation
by one person.
4. Gate components shall be maintained in an operative condition at all
times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
entry tools or when a key box containing the key(s) to the lock is
installed at the gate location.
7. Locking device specifications shall be submitted for approval by the
fire code official.
Ordinance No. 014-10
Page in of io
SECTION 8. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of July.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Robert Putaansuu, Councilmember
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13,2010
Adopted:
ORDINANCE NO. 014-010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2009 INTERNATIONAL FIRE
CODE (IFC) AS ADOPTED BY THE STATE BUILDING CODE
COUNCIL TOGETHER WITH APPENDICES B AND D, AND
ADOPTING CERTAIN LOCAL AMENDMENTS TO THE 2oo6
INTERNATIONAL FIRE CODE AND AMENDING PORT
ORCHARD MUNICIPAL CODE SECTIONS 15.12.010, .030, .040,
.050, .070, .o8o AND .too.
WHEREAS, the Washington State Building Code Council (Code Council) periodically
adopts building codes of statewide applicability, collectively referred to as the state building
code; and
WHEREAS, on November 12, 2009 the Code Council voted to adopt the 2oo9 Edition
of the International Fire Code, along with amendments thereto, and the effective date of the
code is July 1, 2010; and
WHEREAS, the City of Port Orchard has previously adopted the 20o6 Edition of the
International Fire Code as adopted by the Code Council; and
WHEREAS, RCW 35.2i.i8o grants authority to cities to adopt statutes and codes by
reference; and
WHEREAS, RCW 19.27.031 provides that the state building code as adopted by the
Code Council shall be in effect in all counties and cities; and
WHEREAS, the City Council finds that the public health, safety, and welfare will be
served by keeping current with the most current edition of the state building code; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 15.12.010, International Fire Code,
2003 Edition, adopted, is hereby AMENDED to read as follows:
15.12.010 International Fire Code, 20o9 Edition, adopted.
The 2009 Edition of the International Fire Code, as adopted by the Washington
State Building Code Council, including amendments, is hereby adopted, together
with Appendices B and D, except as to local amendments as set forth in Section
15.12.1oo, as the official fire prevention code of the City of Port Orchard, as
though fully set forth herein. One copy is on file in the office of the city clerk.
Ordinance No. 014-10
Page 2 of Q
SECTION 2. Port Orchard Municipal Code Section 15.12.03o, Definitions, is hereby
AMENDED to read as follows:
15.12.03o Definitions
(1) Whenever "municipality" is used in the International Fire Code, it means the
city of Port Orchard.
(2) Whenever "jurisdiction" or "department of fire prevention" is used in the
International Fire Code, it means fire authority.
(3) Whenever "counsel" is used in the code, it means the city attorney.
(4) Whenever "police" is used in the code, it means the City of Port Orchard
police department.
(5) Whenever "fire chief' or "fire code official" or "fire department" is used in
the code, it means fire authority.
(6) Whenever "fire area" is used in the code, it means the total floor area of all floor
levels within the exterior walls and under the horizontal projections of the roof of a building.
(7) Whenever "governing body" is used in the international Fire Code, it means
the City Council of Port Orchard.
SECTION 3. Port Orchard Municipal Code Section 15.12.040, District limits for storage
of flammable and combustible liquids, liquefied petroleum gases, and explosives, is hereby
AMEMDED as follows:
15.12.04o District limits for storage of flammable and combustible
liquids, liquefied petroleum gases, and explosives and blasting agents.
The limits referred to in Chapter 34 of the fire prevention code in which storage
of flammable and combustible liquids in outside aboveground storage tanks is
prohibited, the limits referred to in Chapter 38 of the fire prevention code in
which bulk storage of liquefied petroleum gas is restricted, and the limits referred
to in Chapter 33 of the fire prevention code, in which storage of explosives and
blasting agents is prohibited, are established as follows:
Beginning at the intersection of the outer harbor line and the west boundary of
the city; thence southerly along the west boundary to the southerly margin of Bay
Street thence northeasterly along the southerly margin to the projected centerline
of alley in Block 2, original plat of Sidney; thence east along the centerline of the
alley to the intersection with the centerline at Cline Street; thence north to the
centerline of the alley in Block 7, original plat of Sidney; thence east to the
centerline of Austin Avenue; thence north to the centerline of Kitsap Street;
thence east to the centerline of Seattle Street; thence north to a point two
hundred feet south of the centerline of Bay Street; thence parallel to the
centerline of Bay Street easterly to the centerline of Blackjack Creek to the west
line of Maple Street Waterway projected southerly; thence northerly along the
Ordinance No. 014-10
Pa;;e 3 of 9
west line of Maple Street Waterway to the outer harbor line; thence southwesterly
along the outer harbor line to the point of beginning.
SECTION a. Port Orchard Municipal Code Section 15.12.o5o, Appeals, is hereby
AMENDED as follows:
15.12.o5o Appeals.
Whenever the fire authority shall disapprove an application or refuse to grant a
permit applied for, or when it is claimed that the provisions of the codes do not
apply or that the true intent and meaning of the codes have been misconstrued or
wrongly interpreted, the applicant may appeal from the decision of the fire
authority within 3o days from the date of the decision in accordance with Section
1o8 of the 2oo9 Edition of the International Fire Code, as adopted herein.
SECTION 5. Port Orchard Municipal Code Section 15.12.070, Establishment and duties
of bureau of fire prevention, is hereby AMENDED as follows:
15.12.070 Establishment and duties of bureau of fire prevention.
(1) The adopted code shall be enforced and administered by the fire
authority.
(2) The fire code official in charge of the bureau of fire prevention shall be
appointed by the fire chief on the basis of examination to determine his/her
qualifications.
(3) The fire authority may detail such members of the fire department as
inspectors as shall from time to time be necessary.
SECTION 6. Port Orchard Municipal Code Section 15.12.o8o, New materials, processes
or occupancies which may require permits, is hereby AMENDED as follows:
15.12.080 Operational permits.
Upon approval of the governing body the fire authority for the city of Port
Orchard shall be allowed to implement a permit program in order to require the
issuance of operational permits per section 105.1.2(1). In the event that any new
materials, processes or occupancies will require operational permits, in addition
to those now enumerated in said code, the fire authority shall create a list of the
new materials process or occupancies that will require operational permits and
post the list in a conspicuous place in the fire authority office and distribute
copies thereof to interested parties.
SECTION 7. Port Orchard Municipal Code Section 15.12.100, State Fire Code
Adoptions and Local Amendment of the 2003 edition of the International Fire Code, is
AMENDED to read as follows:
15.12.1oo Local Amendments to the 2009 Edition of the International
Fire Code, as adopted in Section 15.12.010.
The City of Port Orchard adopts, as local amendments, and further amends the
following sections of the 2oo9 Edition of the International Fire Code as adopted
Ordinance No. 014-10
Page 4 of q
by the Washington State Building Code Council, including amendments to
appendices B and D as follows:
Section 102.7:
102.7 Referenced codes and standards. The codes and standards
referenced in this code shall be those that are listed in Chapter 47 and
such codes and standards shall be considered part of the requirements of
this code to the prescribed extent of each such reference as interpreted by
the fire code official. Where differences occur between the provisions of
this code and the referenced standards, the provisions of this code shall
apply.
Section 503:
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Section 503 and Appendix D.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this section and shall
extend to within 150 feet (45 720 mm) of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150
feet (45 720 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3•
2. Fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades or other similar
conditions, and an approved alternative means of fire protection is provided.
3. There are not more than two Group R-3 or Group U occupancies.
503.1.2 Additional access. The fire code official is authorized to require
more than one fire apparatus access road based on the potential for
impairment of a single road by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
503.1.3 High -piled storage. Fire department vehicle access to buildings
used for high -piled combustible storage shall comply with the applicable
provisions of Chapter 23.
503.2 Specifications. Fire apparatus access roads shall be installed and
arranged in accordance with Sections 503.2.1 through 503.2.7.
503.2.1 Dimensions. Fire apparatus access roads shall have an
Ordinance No. 014-10
Paee r of 4
unobstructed width of not less than 20 feet (6096 mm), except for approved
security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115 mm).
503.2.2 Authority. The fire code official shall have the authority to require an
increase in the minimum access widths where they are inadequate for fire or
rescue operations.
503.2.3 Surface. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be
surfaced so as to provide all-weather driving capabilities.
503.2.4 Turning radius. The required turning radius of a fire apparatus
access road shall be 35ft. inside radius and 48ft. outside radius for
commercial and 25ft. inside and 40ft. outside radius for residential.]
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150
feet (45 720 mm) in length shall be provided with an approved area for
turning around fire apparatus.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated
surface is part of a fire apparatus access road, the bridge shall be constructed
and maintained in accordance with AASHTO Standard Specification of
Highway Bridges able to support loads of 60,00o pounds. Bridges and
elevated surfaces shall be designed for a live load sufficient to carry the
imposed loads of fire apparatus. Vehicle load limits shall be posted at both
entrances to bridges when required by the fire code official. Where elevated
surfaces designed for emergency vehicle use are adjacent to surfaces which
are not designed for such use, approved barriers, approved signs or both shall
be installed and maintained when required by the fire code official.
503.2.7 Grade. The gradient of the fire apparatus access road shall not
exceed 12%.
Exception: Gradient of the fire apparatus access road may be increased up to
15% if all buildings are protected by an approved automatic fire sprinkler
system. Gradients of fire apparatus access road in excess of 15% will require
the approval of the Fire Chief.
503.3 Marking. Where required by the fire code official, approved signs
or other approved notices shall be provided for fire apparatus access roads to
identify such roads or prohibit the obstruction thereof. Signs or notices shall
be maintained in a clean and legible condition at all times and be replaced or
repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access
roads shall not be obstructed in any manner, including the parking of
vehicles. The minimum widths and clearances established in Section 503.2.1
shall be maintained at all times.
Ordinance No. 014-10
Page 6 of 9
503.5 Required gates or barricades. The fire code official is authorized to
require the installation and maintenance of gates or other approved
barricades across fire apparatus access roads, trails or other access ways, not
including public streets, alleys or highways.
503.5.1 Secured gates and barricades. When required, gates and barricades
shall be secured in an approved manner. Roads, trails and other access ways
that have been closed and obstructed in the manner prescribed by Section
503.5 shall not be trespassed on or used unless authorized by the owner and
the fire code official.
Exception: The restriction on use shall not apply to public officers acting
within the scope of duty.
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire chief. Where security gates are
installed, they shall have an approved means of emergency operation. The
security gates and the emergency operation shall be maintained operational at
all times.
503.7 Residential Private Access. Group R-3, R-4, or Group U occupancies
allowed on a private access if a residential sprinkler system is installed in each
new structure.
Exception: There are not more than two Group R-3, R-4, or Group U
occupancies.
Section 903:
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in this
section:
Exception: Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power distribution
equipment, batteries and standby engines, provided those spaces or areas are
equipped throughout with an automatic fire alarm system and are separated
from the remainder of the building by fire barriers consisting of not less than
r-hour fire -resistance -rated walls and and 2-hour fire resistance -rated
floor/ceiling assemblies.
1. Where this code requires the installation of an automatic sprinkler system
to protect an occupancy within an otherwise non-sprinklered building, then
automatic sprinkler protection will be required throughout the entire
building.
2. Portions of buildings which are separated by one or more four-hour area
separation walls constructed in accordance with the International Building
Code, without openings and provided with a 3o-inch (762 mm) parapet, are
allowed to be considered as separate fire areas.
Ordinance No. 014-10
Page 7 of 9
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for
Group A-1 occupancies where one of the following conditions exists:
1. The fire area exceeds io,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multitheater complex.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for
Group A-3 occupancies where one of the following conditions exists:
1. The fire area exceeds io,000square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: Areas uses exclusively as participant sports areas where the main
floor area is located at the same level as the level of exit discharge of the main
entrance and exit.
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for
Group A-4 occupancies where one of the following conditions exists:
1. The fire area exceeds io,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: Areas uses exclusively as participant sports areas where the main
floor area is located at the same level as the level of exit discharge of the main
entrance and exit.
903.2.1.6 Group B. An automatic sprinkler system shall be provided for Group
B occupancies where the fire area exceeds io,000 square feet.
903.2.3 Group F. An automatic sprinkler system shall be provided throughout
all buildings containing a Group F occupancy where one of the following
conditions exist:
1. Where a Group F fire area exceeds io,000 square feet (929 m2);
2. Where a Group F fire area is located more than three stories above grade
plane.
903.2.6 Group M. An automatic sprinkler system shall be provided
throughout buildings containing a Group M occupancy where one of the
following conditions exists:
I. Where a Group M fire area exceeds 10,00o square feet (929 m2);
2. Where a Group M fire area is located more than three stories above grade
plane.
903.2.E Group R. An automatic sprinkler system in accordance with Section
903 shall be provided throughout buildings containing a Group R occupancy,
including town homes and condos where one of the following exist:
1. The fire area exceeds 5,000 square feet (929 m2);
2. The fire area has 5 or more units; or
Ordinance No. 014-10
Page 8 of 9
3. The fire area is located on a floor other than the level of exit discharge.
903.2.8 Group S. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S occupancy where one of the
following conditions exist:
I. Where a Group S fire area exceeds io,000 square feet (929 m2);
2. Where a Group S fire area is located more than three stories above grade
plane.
Section 907:
907.2 Where required —new buildings and structures. An approved manual
and automatic fire alarm system shall be provided in all Group A, B, F, M and
S occupancies having 4,000 square feet or greater of total floor area. An
approved manual, automatic, or manual and automatic fire alarm system
shall be provided in new buildings and structures in accordance with Sections
907.2.1 through 907.2.23. Where automatic sprinkler protection installed in
accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to
the building fire alarm system, automatic heat detection required by this
section shall not be required.
An approved automatic fire detection system shall be installed in accordance
with the provisions of this code and NFPA 72. Devices, combinations of
devices, appliances and equipment shall comply with Section 907.1.2. The
automatic fire detectors shall be smoke detectors. Where ambient conditions
prohibit installation of automatic smoke detection, other automatic fire
detection shall be allowed.
EXCEPTION: The fire code official may reduce requirements for the fire
alarm system for buildings protected by an approved automatic sprinkler
system.
Appendix B:
B104.2 Area separation. Portions of buildings which are separated by one or
more four-hour area separation walls, constructed in accordance with the
Building Code, without openings and provided with a 3o-inch (762 mm)
parapet, are allowed to be considered as separate fire areas.
Appendix D:
D103.2 Grade. New fire apparatus access roads shall not exceed 12 percent in
grade.
Exception: Grades steeper than 10 percent as approved by the fire chief.
Gradient of the fire apparatus access road may be increased up to 15% if all
buildings are protected by an approved automatic fire sprinkler system.
Gradients if fire apparatus access roads in excess of 15% will require approval
of the fire chief.
Ordinance No. 014-10
Page 9 of 9
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
1. The minimum gate width shall be 12 feet (3658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation
by one person.
4. Gate components shall be maintained in an operative condition at all
times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
entry tools or when a key box containing the key(s) to the lock is
installed at the gate location.
7. Locking device specifications shall be submitted for approval by the
fire code official.
SECTION 8. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of July 2010.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Robert Putaansuu, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6B Meeting Date: July 13, 2010
Subject: Flood Damage Prevention Prepared by: James R. Weaver
Development Director
Atty Routing No: NA
Atty Review Date: NA
Summary: The City of Port Orchard has adopted regulations in POMC Chapter 15.38 regarding
flood damage prevention in order to minimize public and private losses due to flood conditions.
It is necessary to update and amend Chapter 15.38 in order to remain fully compliant with state
and federal law, and to ensure the City's residents qualify for the National Flood Insurance
Program. Most of the changes required are primarily to establish the city building official as the
Flood Damage Prevention Administrator, as can be seen by reviewing the attached red -lined
revisions.
Recommendation: Open the Public Hearing to amend Port Orchard Municipal Code Chapter
15.38 "Flood Damage Prevention".
Attachments: Chapter 15.38
Chapter 15.38 Redlines
Port Orchard Municipal Code
15.38.030
Sections:
Chapter 15.38
FLOOD DAMAGE PREVENTION
Article I. General Provisions
15.38.010 Statutory authorization.
15.38.020 Findings of fact.
15.38.030 Statement of purpose.
15.38.040 Methods of reducing flood losses.
15.38.050 Lands to which this chapter applies.
15.38.060 Basis for establishing the areas of special flood hazard.
15.38.070 Penalties for noncompliance.
15.38.080 Abrogation and greater restrictions.
15.3 8.090 Interpretation.
15.38.100 Warning and disclaimer of liability.
15.38.110 Definitions.
Article H. Definitions
Article III. Administration
15.38.120
Development permit required.
15.38.130
Application for development permit.
15.38.140
Designation of the city engineer.
15.38.150
Duties and responsibilities of the city engineer.
15.38.160
Permit review.
15.38.170
Use of other base flood data.
15.38.180
Information to be obtained and maintained.
15.38.190
Alteration of watercourses.
15.38.200
Interpretation of FIRM boundaries.
Article IV. Variances
15.38.210 Appeal board.
15.38.220 Conditions for variances.
Article V. Provisions for Flood Hazard Reduction
15.38.230
General standards.
15.38.240
Anchoring.
15.38.250
Construction materials and methods.
15.38.260
Utilities.
15.38.270
Subdivision proposals.
15.38.280
Review of building permits.
15.38.290
Specific standards.
15-1
15.38.010
15.38.300
Residential construction.
15.38.310
Nonresidential construction.
15.38.320
Critical facility.
15.38.330
Manufactured homes.
15.38.335
Recreational vehicles.
15.38.340
Floodways.
15.38.350
Wetlands management.
Article I. General Provisions
15.38.010 Statutory authorization.
The Legislature of the state of Washington has in RCW Title 35 delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety and general welfare
of its citizenry. Therefore, the city council of the city does ordain as follows in this chapter. (Ord. 1446 §
2.1, 1989; Ord. 1435 § 2.1, 1988).
15.38.020 Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in
other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage
also contribute to the flood loss. (Ord. 1446 § 2.2, 1989; Ord. 1435 § 2.2, 1988).
15.38.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions. (Ord. 1446 § 2.3, 1989; Ord. 1435 § 2.3, 1988).
15.38.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
15-2
Port Orchard Municipal Code
15.38.030
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel Floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage;
and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
Floodwaters or may increase flood hazards in other areas. (Ord. 1446 § 2.4, 1989; Ord. 1435 § 2.4, 1988).
15.38.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord.
1446 § 4.1, 1989; Ord. 1435 § 4.1, 1988).
15.38.060 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for the City of Port Orchard," dated May 1979,
and any revisions thereto, with accompanying Flood Insurance Maps, is adopted by reference and
declared to be a part of this chapter. The Flood Insurance Study is on file at the city clerk's office: 216
Prospect Street, Port Orchard, WA 98366. (Ord. 016-05 § 1; Ord. 1446 § 4.2, 1989; Ord. 1435 § 4.2,
1988).
15.38.070 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full
compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of
this chapter by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who
violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined
not more than $500.00 or imprisoned for not more than 180 days, or both, for each violation, and in
addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the
city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1446 §
4.3, 1989; Ord. 1435 § 4.3, 1988).
15.38.080 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or repair any existing easements, covenants or deed
restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1446 § 4.4,
1989; Ord. 1435 § 4.4, 1988).
15.38.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1446 § 4.5,
1989; Ord. 1435 § 4.5, 1988).
15.38.100 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer
15-3
15.38.010
or employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 1446 § 4.6, 1989;
Ord. 1435 § 4.6, 1988).
Article II. Definitions
15.38.110 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to
give them the meanings they have in common usage and to give this chapter its most reasonable
application.
(1) "Appeal" means a request for a review of the city engineer's interpretation of any provision of this
chapter or a request for a variance.
(2) "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
(3) "Area of special flood hazard" means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. Designation on maps always includes the
letters A or V.
(4) "Critical facility' means a facility for which even a slight chance of flooding might be too great.
Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and
emergency response installations, installations which produce, use or store hazardous materials or
hazardous waste.
(5) "Base flood" means the flood having a one percent chance of being equated or exceeded in any
given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A or
V.
(6) "Development" means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood hazard.
(7) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
(8) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
(9) "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface
elevation of the base flood.
(10) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
(I1) "Lowest floor" means the lowest floor of the lowest enclosed areas (including basement). An
unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage,
in an area other than a basement area, is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable nonelevation design
requirements of this chapter found in POMC 15.38.300(2).
15-4
Port Orchard Municipal Code
15.38.030
(12) "Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities. For floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers and other similar vehicles placed on site for greater than 180 consecutive days.
For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and
other similar vehicles.
(13) "Manufactured home park or subdivision' means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
(14) "New construction' means structures for which the start of construction commenced on or after
the effective date of the ordinance codified in this chapter.
(15) "Start of construction" includes substantial improvements, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The "actual start' means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; not does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
(16) "Structure" means a walled and roofed building including a gas or liquid storage tank that is
principally above ground.
(17) "Substantial improvement' means any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
(18) "Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
(19) "Water -dependent" means a structure for commerce or industry which cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
(20) "Recreational vehicle" means a vehicle:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use. (Ord. 016-05 § 2; Ord. 1446 § 3.0, 1989; Ord. 1435 § 3.0,
1988).
15-5
15.38.010
Article III. Administration
15.38.120 Development permit required.
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in POMC 15.38.060. The permit shall be for all structures including
manufactured homes, as set forth in POMC 15.38.110, definitions, and for all development including fill
and other activities, also as set forth in the definitions, POMC 15.38.110. (Ord. 1446 § 5.1-1, 1989; Ord.
1435 § 5.1-1, 1988).
15.38.130 Application for development permit.
Application for a development permit shall be made on forms furnished by the city engineer and may
include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions
and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage
facilities and the location of the foregoing. Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing methods for
any nonresidential structure meet the floodproofing criteria in POMC 15.38.310; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development. (Ord. 1446 § 5.1-2, 1989; Ord. 1435 § 5.1-2, 1988).
15.38.140 Designation of the city engineer.
The city engineer is appointed to administer and implement this chapter by granting or denying
development permit applications in accordance with its provisions. (Ord. 1446 § 5.2, 1989; Ord. 1435 §
5.2, 1988).
15.38.150 Duties and responsibilities of the city engineer.
Duties of the city engineer shall include, but not be limited to those in POMC 15.38.160 through
15.38.200. (Ord. 1446 § 5.3, 1989; Ord. 1435 § 5.3, 1988).
15.38.160 Permit review.
The city engineer shall:
(1) Review all development permits to determine that the permit requirements of this chapter have
been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained from
those federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the
floodway. If located in the floodway, assure that the provisions of POMC 15.38.340 are met. (Ord. 1446 §
5-3.1, 1989; Ord. 1435 § 5-3.1, 1988).
15.38.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 15.38.060, basis for
establishing the areas of special flood hazard, the city engineer shall obtain, review and reasonably utilize
any base flood elevation and floodway data available from a federal, state or other source, in order to
administer POMC 15.38.290 through 15.38.330, specific standards, and 15.38.340, floodways. (Ord.
1446 § 5.3-2, 1989; Ord. 1435 § 5.3-2, 1988).
15-6
Port Orchard Municipal Code
15.38.030
15.38.180 Information to be obtained and maintained.
The city engineer shall:
(1) Where base flood elevation data is provided through the Flood Insurance Study or required as in
POMC 15.38.170, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or not the structure
contains a basement.
(2) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in POMC 15.38.130(3).
(3) Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 1446 §
5.3-3, 1989; Ord. 1435 § 5.3-3, 1988).
15.38.190 Alteration of watercourses.
The city engineer shall:
(1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within that altered or relocated portion of said watercourse so
that the flood -carrying capacity is not diminished. (Ord. 1446 § 5.3-4, 1989; Ord. 1435 § 5.3-4, 1988).
15.38.200 Interpretation of FIRM boundaries.
The city engineer shall make interpretations where needed, as to exact location of the boundaries of the
areas of special flood hazards (for example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in Article IV of this chapter. (Ord. 1446 §
5.3-5, 1989; Ord. 1435 § 5.3-5, 1988).
Article IV. Variances
15.38.210 Appeal board.
(1) The appeal board as established by the city council shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2) The appeal board shall hear and decide appeals when it is alleged there is an error in any
requirement, decision or determination made by the city engineer in the enforcement or administration of
this chapter.
(3) Those aggrieved by the decision of the appeal board, or any taxpayer, may appeal such decision to
the superior court, as provided in RCW Title 35.
(4) In passing upon such applications, the appeal board shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this chapter; and
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to flooding
or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
15-7
15.38.010
(h) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
0) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems,
and streets and bridges.
(5) Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter,
the appeal board may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(6) The city engineer shall maintain the records of all appeal actions and report any variances to the
Federal Insurance Administration upon request. (Ord. 1446 § 5.4-1, 1989; Ord. 1435 § 5.4-1, 1988).
15.38.220
Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be issued is
for new construction and substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood level,
providing the items in POMC 15.38.210(4)(a) through (4)(k) have been fully considered. As the lot size
increases, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State Inventory of Historic Places, without regard to the
procedures set forth in this section.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during
the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the
applicant;
variance would result in exceptional hardship to the
(c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public as identified in POMC 15.38.210(4), or conflict with existing local laws or
ordinances.
(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning
law principle that they pertain to a physical piece of property; they are not personal in nature and do not
pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small
lots in densely populated residential neighborhoods. As such, variances from the flood elevations should
be quite rare.
(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such
action will have low damage potential, complies with all other variance criteria except subsection (I) of
this section, and otherwise complies with POMC 15.38.240 and 15.38.250.
(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Ord. 1446 § 5.4-2, 1989; Ord. 1435 § 5.4-2, 1988).
15-8
Port Orchard Municipal Code 15.38.030
Article V. Provisions for Flood Hazard Reduction
15.38.230 General standards.
In all areas of special flood hazards, the standards in POMC 15.38.240 through 15.38.280 are required.
(Ord. 1446 § 6.1, 1989; Ord. 1435 § 6.1, 1988).
15.38.240 Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques). (Ord. 1446 § 6.1-1, 1989; Ord. 1435 § 6.1-1, 1988).
15.38.250 Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
(3) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding. (Ord. 1446 § 6.1-2, 1989; Ord. 1435
§ 6.1-2, 1988).
15.38.260 Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
(3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding. (Ord. 1446 § 6.1-3, 1989; Ord. 1435 § 6.1-3, 1988).
15.38.270 Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed developments
which contain at least 50 lots or five acres (whichever is less). (Ord. 1446 § 6.1-4, 1989; Ord. 1435 § 6.1-
4, 1988).
15.38.280 Review of building permits.
Where elevation data is not available either through the Flood Insurance Study or from another
authoritative source (POMC 15.38.170), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
15-9
15.38.010
judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where
available. Failure to elevate at least two feet above grade in these zones may result in high insurance rates.
(Ord. 1446 § 6.1-5, 1989; Ord. 1435 § 6.1-5, 1988).
15.38.290 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in
POMC 15.38.060, basis for establishing the areas of special flood hazard, or POMC 15.38.170, use of
other base flood data, the provisions in POMC 15.38.300 through 15.38.330 are required. (Ord. 1446 §
6.2, 1989; Ord. 1435 § 6.2, 1988).
15.38.300 Residential construction.
(1) New construction and substantial improvements of any residential structure shall have the lowest
floor, including basement, elevated one foot or more above base flood elevation.
(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers or other coverings or devices; provided, that
they permit the automatic entry and exit of floodwaters. (Ord. 1446 § 6.2-1, 1989; Ord. 1435 § 6.2-1,
1988).
15.38.310 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement, elevated one foot or more above the level
of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
( I ) Be floodproofed so that below one foot above the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
(3) Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and plans.
Such certifications shall be provided to the official as set forth in POMC 15.38.180(2);
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for
space below the lowest floor as described in POMC 15.38.300(2);
(5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums
will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to one
foot above the base flood level will be rated at the base flood level). (Ord. 1446 § 6.2-2, 1989; Ord. 1435
§ 6.2-2, 1988).
15.38.320 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no
feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the
lowest floor elevated to three feet or more above the level of the base flood elevation at the site.
Floodproofing and sealing measures must be taken to insure that toxic substances will not be displaced by
15-10
Port Orchard Municipal Code
15.38.030
or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible. (Ord. 1446 § 6.2-3, 1989; Ord. 1435 § 6.2-3, 1988).
15.38.330 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones AI-30, AH and AE shall
be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or
more above the base flood elevation and be securely anchored to an adequately anchored foundation
system in accordance with the provisions of POMC 15.38.240(2). (Ord. 1446 § 6.2-4, 1989; Ord. 1435 §
6.2-4, 1988).
15.38.335 Recreational vehicles.
Recreational vehicles placed on sites are required to either:
( l) Be on the site for fewer than 100 consecutive days;
(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only
by quick -disconnect utilities and security devices, and have no permanently attached additions; or
(3) Meet the requirements of POMC 15.38.330 and the elevation and anchoring requirements for
manufactured homes. (Ord. 016-05 § 3).
15.38.340 Floodways.
Located within areas of special flood hazard established in POMC 15.38.060 are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles and erosion potential, the provisions in this section apply.
(1) Prohibit encroachments, including fill, new construction, substantial improvements and other
development, unless certification by a registered professional engineer or architect is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated floodways,
except for:
(a) Repairs, reconstruction or improvements to a structure which do not increase the ground floor
areas; and
(b) Repairs, reconstruction or improvements to a structure the cost of which does not exceed 50
percent of the market value of the structure either:
(i) Before the repair, reconstruction or improvement is started; or
(ii) If the structure has been damaged and is being restored, before the damage occurred.
Work done on structures to comply with existing health, sanitary or safety codes or to structures
identified as historic places shall not be included in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Article V of this chapter, Provisions
for Flood Hazard Reduction. (Ord. 016-05 § 4; Ord. 1446 § 6.3, 1989; Ord. 1435 § 6.3, 1988).
15.38.350 Wetlands management.
To the maximum extent possible avoid the short and long term adverse impacts associated with the
destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the
wetlands to alleviate flooding impacts. The following process should be implemented:
(1) Review proposals for development within base floodplains for their possible impacts on wetlands
located within the floodplain.
(2) Ensure that development activities in or around wetlands do not negatively affect public safety,
health and welfare by disrupting the wetlands' ability to reduce flood and storm drainage.
15-11
15.38.010
(3) Request technical assistance from the Department of Ecology in identifying wetland areas.
Existing wetland map information from the National Wetlands Inventory (NWI) can be used in
conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland areas
deserving special attention. (Ord. 1446 § 6.4, 1989; Ord. 1435 § 6.4, 1988).
15-12
Port Orchard Municipal Code
Sections:
15.38.010
15.38.020
15.38.030
15.38.040
15.38.050
15.38.060
15.38.070
15.38.080
15.38.090
15.38.100
Chapter 15.38
FLOOD DAMAGE PREVENTION
Article I. General Previsions
Statutory authorization.
Findings of fact.
Statement of purpose.
Methods of reducing flood losses.
Lands to which this chapter applies.
Basis for establishing the areas of special flood hazard.
Penalties for noncompliance.
Abrogation and greater restrictions.
Interpretation.
Warning and disclaimer of liability.
15.38.110 Definitions.
Article II. Definitions
Article III. Administration
15.38.120 Development permit required.
15.38.130 Application for development permit.
15.38.140 Designation of the city engin building official.
15.38.150 Duties and responsibilities of the city engineerbuildine official.
15.38.160 Permit review.
15.38.170 Use of other base flood data.
15.38.180 Information to be obtained and maintained.
15.38.190 Alteration of watercourses.
15.38.200 Interpretation of FIRM boundaries.
Article IV. Variances
15.38.210 Appeal board.
15.38.220 Conditions for variances.
Article V. Provisions for Flood Hazard Reduction
15.38.230 General standards.
15.38.240 Anchoring.
15.38.250 Construction materials and methods.
15.38.260 Utilities.
15.38.270 Subdivision proposals.
15.38.280 Review of building permits.
15.38.290 Specific standards.
15-1
15.38.030
15.38.010
15.38.300 Residential construction.
15.38.310 Nonresidential construction.
15.38,320 Critical facility.
15.38.330 Manufactured homes.
15.38.335 Recreational vehicles.
15.38.340 Floodways.
15.38.350 Wetlands management.
Article I. General Provisions
15.38.010 Statutory authorization.
The Legislature of the state of Washington has in RCW Title 35 delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety and general welfare
of its citizenry. Therefore, the city council of the city does ordain as follows in this chapter. (84 1446-g
2.1 1989 OFF 1435 § 2 1 1989)
15.38.020 Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in
other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage
also contribute to the flood loss. < C 9 0 loon Ord 1 435 § 2 2 1988)
15.38.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions. "1. 1446 S O Q 1999. n-a 1435 s 0 9 1999)
15.38.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
15-2
Port Orchard Municipal Code 15.38.030
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood damage;
and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas. (Ord. ' ""G ° ° " 1989; _a , n n" s o nn , 988)
15.38.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ora
1446 c n, roan. Ord 1435 c n i 1988)
15.38.060 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study for the City of Port Orchard," dated May 1979,
and any revisions thereto, with accompanying Flood Insurance Maps, is adopted by reference and
declared to be a part of this chapter. The Flood Insurance Study is on file at the city clerk's office: 216
Prospect Street, Port Orchard, WA 98366. (04 016 05 r '; n_n ,nn< r n, 1989; GA ,na< 4 n 2
19W
15.38.070 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full
compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of
this chapter by failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who
violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined
not more than $500.00 or imprisoned for not more than 180 days, or both, for each violation, and in
addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the
city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1416- g
n v ,non. OFEI. 1435 § 4 z 1988)
15.38.080 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or repair any existing easements, covenants or deed
restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction
conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (OFd. '�.a--1446 § 4.4,,
1989; n-n 1435 c n "
15.38.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. (04 '�.a--1146 § 4.5,
1989; n-a 1435 c n c ,noes
15.38.100 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be free
from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer
15-3
15.38.010
or employee thereof, or the Federal Insurance Administration, for any flood damages that result from
reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. '""�.a--�++6".`, 1-989;
Article H. Definitions
15.38.110 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to
give them the meanings they have in common usage and to give this chapter its most reasonable
application.
(1) "Appeal" means a request for a review of the city engineerbuilding official's interpretation of any
provision of this chapter or a request for a variance.
(2) "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
(3) "Area of special flood hazard" means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. Designation on maps always includes the
letters A or V.
(4) "Critical facility' means a facility for which even a slight chance of flooding might be too great.
Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and
emergency response installations, installations which produce, use or store hazardous materials or
hazardous waste.
(5) "Base flood" means the flood having a one percent chance of being equated or exceeded in any
given year. Also referred to w the ` 100-year flood." Designation on maps always includes the letters A or
V.
(6) "Development" means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations located within the area of special flood hazard.
(7) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
(8) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
(9) "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface
elevation of the base flood.
(10) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
(11) "Lowest floor" means the lowest floor of the lowest enclosed areas (including basement). An
unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage,
in an area other than a basement area, is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation of the applicable nonelevation design
requirements of this chapter found in POMC 15.38.300(2).
15-4
Port Orchard Municipal Code
15.38.030
(12) "Manufactured home" means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when connected to
the required utilities. For floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers and other similar vehicles placed on site for greater than 180 consecutive days.
For insurance purposes the term "manufactured home" does not include park trailers, travel trailers and
other similar vehicles.
(13) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
(14) "New construction" means structures for which the start of construction commenced on or after
the effective date of the ordinance codified in this chapter.
(15) `Start of construction" includes substantial improvements, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The "actual start" means either the first placement
of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation, such as
clearing, grading and filling; not does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers or foundation or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure.
(16) "Structure" means a walled and roofed building including a gas or liquid storage tank that is
principally above ground.
(17) "Substantial improvement" means any repair, reconstruction or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration
affects the external dimensions of the structure.
The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a State
Inventory of Historic Places.
(18) "Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
(19) "Water -dependent" means a structure for commerce or industry which cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
(20) "Recreational vehicle" means a vehicle:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use. (Ord n, < 05 a 2; Ord. , 446 can roan Ord 1435 § 3 "
4-9W.
15-5
15.38.010
Article III. Administration
15.38.120 Development permit required.
A development permit shall be obtained before construction or development begins within any area of
special flood hazard established in POMC 15.38.060. The permit shall be for all structures including
manufactured homes, as set forth in POMC 15.38.110, definitions, and for all development including fill
and other activities, also as set forth in the definitions, POMC 15.38.110. '^-a 14 46 ° 5.1 ' 1999; Ofd
1435 C 5.1 l 1988)
15.38.130 Application for development permit.
Application for a development permit shall be made on forms furnished by the city engineerbuildin
official and may include but not be limited to plans in duplicate drawn to scale showing the nature,
location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities and the location of the foregoing. Specifically, the following information is
required:
(1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofmg methods for
any nonresidential structure meet the floodproofmg criteria in POMC 15.38.310; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development. (O:d. :44 6 y 5.1 O 1989; Ord 1435 R 5.1 O 1988)
15.38.140 Designation of the city engineerbuilding official.
The city eagineerbuildinP official is appointed to administer and implement this chapter by granting or
denying development permit applications in accordance with its provisions. '^-a 1446 r < , ' non. ^-a
1435 e e 2 1988).
15.38.150 Duties and responsibilities of the city engineerbuildine official.
Duties of the city engineerbuiiding official shall include, but not be limited to those in POMC
15.38.160 through 15.38.200. (Ord 1446 § 5 o iron. n-a 1435 e c o ,neo)
15.38.160 Permit review.
The city eagimeerbuildmg official shall:
(1) Review all development permits to deterune that the permit requirements of this chapter have
been satisfied.
(2) Review all development permits to determine that all necessary permits have been obtained from
those federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the proposed development is located in the
floodway. If located in the floodway, assure that the provisions of POMC 15.38.340 are met. (04 1446-§
c o i 1989; n-a 143.5 c< a i ,noo)
15.38.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 15.38.060, basis for
establishing the areas of special flood hazard, the city eagineerbuildine official shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a federal, state or other
source, in order to administer POMC 15.38.290 through 15.38.330, specific standards, and 15.38.340,
floodways. (OFd 1 en< e 5.3 o ,non. n-a 1435 § 5.3 2 ,neo)
15-6
Port Orchard Municipal Code
15.38.030
15.38.180 Information to be obtained and maintained.
The city eaginembuildin official ffcial shall:
(1) Where base flood elevation data is provided through the Flood Insurance Study or required as in
POMC 15.38.170, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures, and whether or not the structure
contains a basement.
(2) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in POMC 15.38.130(3).
(3) Maintain for public inspection all records pertaining to the provisions of this chapter. (Ord. 1146-Q
5.3 3 1989; Ord 1435 c 5.3 a 1998)
15.38.190 Alteration of watercourses.
The city eagiuembuilding official shall:
(1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of
a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within that altered or relocated portion of said watercourse so
that the flood -carrying capacity is not diminished. , 1988).
- - Formatted: PS
15.38.200 Interpretation of FIRM boundaries.
The city eagiaeerbuildina official shall make interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article IV of
this chapter. (lid inn< e 5.3 < 19891 Ord 1435 § 5.3 < 1998)
Article IV. Variances
15.38.210 Appeal board.
(1) The appeal bond as established by the city council shall hear and decide appeals and requests for
variances from the requirements of this chapter.
(2) The appeal board shall hear and decide appeals when it is alleged there is an error in any
requirement, decision or determination made by the city eagineerbuilding official in the enforcement or
administration of this chapter.
(3) Those aggrieved by the decision of the appeal board, or any taxpayer, may appeal such decision to
the superior court, as provided in RC W Title 35.
(4) In passing upon such applications, the appeal board shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this chapter; and
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(t) The availability of alternative locations for the proposed use which are not subject to flooding
or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
15-7
15.38.010
(h) The relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
0) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems,
and streets and bridges.
(5) Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter,
the appeal board may attach such conditions to the granting of variances as it deems necessary to further
the purposes of this chapter.
(6) The city eagiaeerbuildine official shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
5.4 i 1988).
15.38.220
Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be issued is
for new construction and substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood level,
providing the items in POMC 15.38.210(4)(a) through (4)(k) have been fully considered. As the lot size
increases, the technical justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on
the National Register of historic Places or the State Inventory of Historic Places, without regard to the
procedures set forth in this section.
(3) Variances shall not be issued within a designated floodway if any increase in flood levels during
the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
(c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public as identified in POMC 15.38.210(4), or conflict with existing local laws or
ordinances.
(6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning
law principle that they pertain to a physical piece of property; they are not personal in nature and do not
pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small
lots in densely populated residential neighborhoods. As such, variances from the flood elevations should
be quite raze.
(7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofmg than watertight or dry-floodproofmg, where it can be determined that such
action will have low damage potential, complies with all other variance criteria except subsection (1) of
this section, and otherwise complies with POMC 15.38.240 and 15.38.250.
(8) Any applicant to whom a variance is granted shall be given written notice that the structure will be
permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood
15-8
Port Orchard Municipal Code 15.38.030
insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
Article V. Provisions for Flood Hazard Reduction
15.38.230 General standards.
In all areas of special flood hazards, the standards in POMC 15.38.240 through 15.38.280 are required.
(QFd. 1446 c< 1 1989; n-a 1135 e< 1 1988)
15.38.240 Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral
movement, and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors
(Reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional
techniques) (n-" 1446 6.1 i 1989; OFF 1435 § 6.1 i 1988)
15.38.250 Construction materials and methods.
(1) All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
(3) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or
accumulating within the components during conditions of flooding. (^-" 1446 ° 6.1 ° 1989; QFd 1435
s 6.'�1988).
15.38.260 Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and
(3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from
them during flooding. (04 1446 C 6.1 319890 OF& 1 435 § 6.1 3 1988)
15.38.270 Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and
water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
(4) where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed developments
which contain at least 50 lots or five acres (whichever is less). (Ord. 1446 ° 6.1 " 1989; Ord 1435 § 6.1
4 1988).
15-9
15.38.010
15.38.280 Review of building permits.
Where elevation data is not available either through the Flood Insurance Study or from another
authoritative source (POMC 15.38.170), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where
available. Failure to elevate at least two feet above grade in these zones may result in high insurance rates.
(O-,1 1446 c6.1 c 1989; n.a 1435 cal c 1988)
15.38.290 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set forth in
POMC 15.38.060, basis for establishing the areas of special flood hazard, or POMC 15.38.170, use of
other base flood data, the provisions in POMC 15.38.300 through 15.38.330 are required. (Aid. 1446•§
a 2 1989; Ord, 1435 § L�8).
15.38.300 Residential construction.
(1) New construction and substantial improvements of any residential structure shall have the lowest
floor, including basement, elevated one foot or more above base flood elevation.
(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch for every
square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers or other coverings or devices; provided, that
they permit the automatic entry and exit of floodwaters. (Ord. Illy § 6.2 ' 1989; O_a 1435 ,; 6.2 '
^
w.
15.38.310 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including basement, elevated one foot or more above the level
of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that below one foot above the base flood level the structure is watertight with
walls substantially impermeable to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
(3) Be certified by a registered professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the structural design, specifications and plans.
Such certifications shall be provided to the official as set forth in POMC 15.38.180(2);
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for
space below the lowest floor as described in POMC 15.38.300(2);
(5) Applicants floodproofmg nonresidential buildings shall be notified that flood insurance premiums
will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to one
foot above the base flood level will be rated at the base flood level). (Ord. 14 ^ L § 6.2 ^ 1999; Ord. 14 35
PP L�8).
15-10
Port Orchard Municipal Code
15.38.030
15.38.320 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no
feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the
lowest floor elevated to three feet or more above the level of the base flood elevation at the site.
Floodproofmg and sealing measures must be taken to insure that toxic substances will not be displaced by
or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible. (OFd 1 446 ° 6.2 ° 1989; Ord 1 435 ° 6.2 ' 1988)
15.38.330 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones Al-30, AH and AE shall
be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or
more above the base flood elevation and be securely anchored to an adequately anchored foundation
system in accordance with the provisions of POMC 15.38.240(2). r^-a. 1 A"` ° " ", 1 "Q°; Ord. 1435
�1 nogT
15.38.335 Recreational vehicles.
Recreational vehicles placed on sites are required to either:
(1) Be on the site for fewer than 100 consecutive days;
(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only
by quick -disconnect utilities and security devices, and have no permanently attached additions; or
(3) Meet the requirements of POMC 15.38.330 and the elevation and anchoring requirements for
manufactured homes. (0 "i�.a-- `�..).
15.38.340 Floodways.
Located within areas of special flood hazard established in POMC 15.38.060 are areas designated as
floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles and erosion potential, the provisions in this section apply.
(1) Prohibit encroachments, including fill, new construction, substantial improvements and other
development, unless certification by a registered professional engineer or architect is provided
demonstrating through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated floodways,
except for:
(a) Repairs, reconstruction or improvements to a structure which do not increase the ground floor
areas; and
(b) Repairs, reconstruction or improvements to a structure the cost of which does not exceed 50
percent of the market value of the structure either:
(i) Before the repair, reconstruction or improvement is started; or
(ii) If the structure has been damaged and is being restored, before the damage occurred.
Work done on structures to comply with existing health, sanitary or safety codes or to structures
identified as historic places shall not be included in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of Article V of this chapter, Provisions
for Flood Hazard Reduction. (OFd. 016 05 § n. Ord 1446 § 6 x i non. 04 1435 § 6 a 1998)
15.11
15.38.010
15.38.350 Wetlands management.
To the maximum extent possible avoid the short and long term adverse impacts associated with the
destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the
wetlands to alleviate flooding impacts. The following process should be implemented:
(1) Review proposals for development within base floodplains for their possible impacts on wetlands
located within the floodplain.
(2) Ensure that development activities in or around wetlands do not negatively affect public safety,
health and welfare by disrupting the wetlands' ability to reduce flood and storm drainage.
(3) Request technical assistance from the Department of Ecology in identifying wetland areas.
Existing wetland map information from the National Wetlands Inventory (NWI) can be used in
conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland areas
deserving special attention. (9Fd. 1 A^< C < . , non n_,1 1435 C < A 1988)
15-12
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 7A Meeting Date:
Subject: Approval of Contract No. C047-10, Prepared by:
Authorizing the Mayor to Execute a
Contract for the City's Official Atty Routing No:
Newspaper Publication Services Atty Review Date:
July 13, 2010
Patti Kirkpatrick, CMC
City Clerk
NA
NA
Councilmember Childs MOVED and Councilmember Colebank seconded the
motion to approve Contract No. C047-10, designating the Port Orchard
Independent as the City's Official Newspaper in accordance with Port Orchard
Municipal Code Chapter 1.16.
Summary: Annually, RCW 35.21.875 requires each City or town to designate an Official City Newspaper.
The newspaper shall be of general circulation within that City or town and shall have been published
regularly, at least once a week. Request for Newspaper Publication Services was published June 4, 2010,
which requested the price per column inch, the cost per additional line, and the cost to post to their website.
It is staffs policy to post legal notices onto the newspapers website for transparency to our citizens. Two bids
were received from the Port Orchard Independent and the Kitsap Sun as follows:
Port Orchard Independent:
2009
2010
Price per column inch
$2.95
$2.97
Cost per additional line
$0.33
$0.33
Legal notices on website
$0.00
No Charge
Circulation Numbers as Audited by Circulation Verification Council:
Printed City of Port Orchard
2,495
3,416
Website City of Port Orchard Pageveiws*
316,790
Website City of Port Orchard Unique Visitors**
66,o6i
Website City of Port Orchard Total Visits***
115,721
Printed Urban Growth Area
5,155
5,080
Website Kitsap News Group Pageviews
1,436,075
Website Kitsap News Group Unique Visitors
303,536
Website Kitsap News Group Total Visits
544,848
Kitsap Sun:
2009
2010
Price per column inch
$3.19
$2.85
Cost per additional line
NA
$0.29
Legal notices on website
$7.00
$7.00 per ad
Page 2 of 2
Official Newspaper Publication Services
Circulation Numbers as Audited by Audit Bureau of Circulations:
Printed City of Port Orchard 2,271
2,492
Website City of Port Orchard Pageveiws
Not provided
Website City of Port Orchard Unique Visitors
Not provided
Website City of Port Orchard Total Visits
Not provided
Printed Urban Growth Area 3,117
5,100
Website Kitsap Sun Pageviews
14,186,426
Website Kitsap Sun Unique Visitors
380,421
Website Kitsap Sun Total Visits
304,222
*These numbers are based on anyone who visits the website and clicking on any advertisement and/or
article.
**These numbers are based on any one person who visits the website per IP address in a period of one
month.
*** These numbers are based on anyone who visits the website, no matter how many times throughout a
period of one month.
The total cost of legal notices in 2009 was $2,688.94. Should the City have the same amount of publication
for the upcoming year, the POI charge at the proposed rate would be $2707.17 and the Kitsap Sun's
proposed rate would be $2597.79• However, with the current policy to also publish on the newspapers
website the cost would be an additional $791, should the Council determine Kitsap Sun as the preferred
provider. The POI provides posting of Legals to their website at no charge.
Looking at the total cost of legal notices through May 2010 is $957.28. Should the City continue with the
same velocity of ads for the remainder of the year with POI's proposed rate the total would be $963.77 and
the Kitsap Sun rate would be $924.83. With the additional $280, for website posting.
Both papers allow postings to website at anytime in order to meet certain publication deadlines. However,
the State does not recognize web posting as the "official" affidavit of publication, and staff would still defer
to print as the main source of public noticing. Web postings are just another means to reach a wider
audience and to be transparent.
Recommendation: Staff recommends the Council to approve Contract No. C047-io, designating Port
Orchard Independent as the City's Official Newspaper in accordance with Port Orchard Municipal Code
Chapter 1.16, as they are the lowest responsive bidder.
Motion for consideration: I move to approve Contract No. C047-10, designating Port Orchard Independent
as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16.
Fiscal Impact: Funds have been designated for publications as part of the 2oio Budget.
Alternatives: Not approve either Newspaper as the City's Official Newspaper and provide direction to
staff.
Attachments: Contract No. C047-10
Bid Documents as submitted by the Port Orchard Independent and the Kitsap Sun
Port Orchard Independents
Advertising for Legal Notices
Number of Legal Notices
Total Cost for Publication
Website Cost
2009 Total Ads
Number of Legal Notices
Total Cost for Publication
Website Cost
2010 YTD Total Ads
2009 @ $2.95
113
$ 2,688.94
$ 150.00
$ 2,838.94
2010 YTD @
$2.95
40
$ 957.28
$ 957.28
Kitsap Sun
POI Proposed Proposed Rate @
Rate @ $2.97 $2.85 Difference
113 113 N/A
$ 2,707.17 $ 2,597.79 $ 109.38
$ - $ 791.00 $ (791.00
2,707.17 $ 3,388.79 1 $ (681.62) *
Kitsap Sun
POI Proposed
Proposed Rate @
Rate @ $2.97
$2.85
40
40
$ 963.77
$ 924.83
$ -
$ 280.00
$ 963.77
$ 1,204.83
Difference
N/A
$ 38.94
(241.06) **
*The Port Orchard Independent is $109.38 more for the proposed per column inch rate. If you include the
website advertising, Kitsap Sun would be $681.62 more than the Independent.
**The Port Orchard Independent is $38.94 more for the proposed per column inch rate. If you include the
website advertising, Kitsap Sun would be $241.06 more than the Independent.
Ki
r_ n
June 10, 2010
Michelle. Merlino, City Clerk
City of Port Orchard
City Hall
216 Prospect Street
Port Orchard, WA 98366
Re: Request for Newspaper Publication Services
545 Fdth Street
P.O. Box 259
Bremerton, WA 98337
Tel. 360.377.3711
Fax. 360.377.9237
Thank you for the opportunity to respond to your bid request. The Kitsap Sun is a daily
newspaper which has considered Port Orchard and other county communities its home
since 1935. Its presence in the marketplace has represented a daily means of
communicating timely news, information, vital statistics and advertising —including legal
advertising —for 75 years.
REQUIREMENTS:
*The Kitsap Sun meets all qualifications as a legal newspaper.
*Ads are published on your schedule, any day of the week based on your needs. Choose
any day of the week, the month or the year, up to 365 days of the year, for any ad.
*The Kitsap Sun provides daily, paid circulation of 24,262 on Sundays, and 24,497 other
days, primarily within Kitsap County, as audited by a third party.
*Not only is it the most -read publication in Kitsap County, it is the advertising medium
of choice in Kitsap County.
*Among entities who have relied in full or in part on Kitsap Sun legal advertising are
Kitsap Transit, Port of Bremerton, South Kitsap School District, Olympic College, State
of Washington, City of Bremerton, Puget Sound Clean Air Agency, Kitsap County, City
of Poulsbo, City of Bainbridge Island and many, many more. Numerous county and
regional law offices have chosen use of the Kitsap Sun. The City of Port Orchard, too,
has employed the services of the Kitsap Sun.
*Effectiveness. In addition to meeting public notice legal obligations, legal advertising in
the Kitsap Sun offers the likelihood of being read and seen by interested citizens,
construction contractors, building trade professionals and others whose awareness of
respective public notices is deemed essential and of value.
*Circulation within Port Orchard/SK Urban Growth Area is approximately 2,492.
*Circulation within Port Orchard 98366 & 98367 is approximately 5,100.
*Circulation of the Kitsap Sun is audited by the Audit Bureau of Circulations, the gold -
standard of paid newspaper and magazine distribution.
Continued on Page Two
Serving the Peninsula; Allyn I Bainbridge Island I Bangor I Belfair I Bremerton I Hansville I Indianola I Keyport
Kingston I Manchester I Olalla I Port Gamble I Poulsbo I Seabeek I Silverdale I Southworth I Sucluamish
Page Two
The ABC is a not -for -profit organization of over 1,000 major advertisers and 900
newspaper publishers. Not all audit services are alike. Leading companies and
advertising agencies rely on ABC figures for making media buying decisions. Standing
apart from most other audit resources, the ABC conducts an intense, annual on -site audit
of a publisher's circulation records and procedures. This manner of auditing assures
advertising buyers that circulation claims are substantiated, accurate and verifiable.
FEE PROPOSAL/RATE:
The Kitsap Sun offers the City of Port Orchard a per -inch rate of $2.85 per classified
column inch, on a ten column page format.
Optional placement:
Placement of the ad on kitsapsun.com, a web site offering over 3 million pages
documented views per month, and over 300,000 unique visitors per month, would be
optionally available for $7 per ad. The price delivers an actual, measurable audience,
actual traffic to your ad and actual results —in other words, an actual value. To not
charge for this service would signify lack of value.
Service:
Ads may be submitted electronically, and any needed courier services to and from City
Hall would be provided at no cost to the City.
Any reasonable number of tear -sheets and notarized affidavits, as proof of publication,
will be provided to the City of Port Orchard for each legal ad with invoice, or in a more
immediate manner deemed necessary by the City.
Billing:
Ads will be billed on a cost per column inch.
Attachments:
Attachments include examples of a legal ad and ad specifications, readership information
and audited circulation information. Thank you for considering the Kitsap Sun.
THE MERITS OF THIS PROPOSAL:
*Fulfills the City's legal obligations for legal advertising.
*Provides a known audience of the general public within and beyond Port Orchard.
*Provides an audience of those directly interested in municipality legal notices, those
whose knowledge of advertised details lead to qualified, competitive bid responses.
*Offers proven services.
Continued on Page Three
Page Three
*Continues a business relationship/partnership with a company as local and as supportive
to the community as any other potential provider.
*Last, it would be our firm position that the City make its determination solely out of its
deep sense of obligation to its citizens, and careful consideration to how they may be best
served by the decision.
Submitted by:
Bidder: Thomas J. Erickson,
Bidder's Signature:
Business Name: Kitsap Sun
Address: 545 Fifth St.
Bremerton, WA 98337
Phone: 360-792-3349
Fax: 360-792-8557
EACH BIDDER SHALL SUBMIT ONE COMPLETED
SIGNED ORIGINAL BID PACKET:
The City of Port Orchard, upon award, will sign the document and return on% copy to the
successful bidder.
Upon signature by the City of Port Orchard, the bid document becomes the contract between the
City and Newspaper. All documents referenced therein become part of the contract by their
reference.
The term of the contract shall be for a period of one (i) year, to commence on July t, 2010 and
ending June 30, 2011.
COMPLETE THE FOLLOWING SECTION AS YOUR BID:
$_2 s 5 per single column inch for each insertion (including applicable sales tax).
If applicable: Cost per additional line: $ .2.9 c� (including applicable sales tax).
In addition, please provide the City with circulation numbers within City limits, as well as inside
the South Kitsap Urban Growth Area and answer the following questions:
Audited circulation: �< Yes No
Circulation Number within City Limits: 3 q '1 .2
Circulation Number within the South Kitsap Urban Growth Area: 2 Lf `2
The undersigned states that he or she is authorized to submit a bid on behalf of the corporation,
partnership, or sole proprietorship listed below and further states that the corporation,
partnership, or sole proprietorship is bound by the above offer.
Legal Newspaper:,
Business
3Ll
No.
V45'*p Sur,
Print Type Name of Newspaper
Z7�side 54es /�/E 4cr
Title
7R2-9237 4—C,rIe- s,,i v
lax No. Email
6-9-10
Date
,"P3 WA 98337
City , State Zip
The following is to be completed if the bid has been awarded by the Port Orchard City Council:
Contract Term: July r, 2010 through June 30, 2011
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Approved as to form:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
DATED:
itsa�un
kitsapsun.com
Client: 1147 KIT. CO. PURCHASING OFFICE
Class.: 614 DIVISION ST., MS 21
"ATTENTION - PLEASE READ CAREFULLY"
-Mistakes not corrected on this proof become your liability.
-We cannot be responsible for any charges NOT indicated,
byy phone, fax, Ott email, to this proof.
-If we do not hear from you, by phone or b email, by the
deadline indicated, we will publish your ad AS SCHEDULED!
Phone: (360) 337-7036 Ext: 0000
PORTORCHARD,WA 98366
Ad N 20102710 Requested By: SAMPLE Fax: (360) 337-4638
Sales Rep.:
Priscilla Wakefield
Phone: (360) 792-3333 Ext: 5382
pwakefield@kitsapsun.com Fax: (360)377-9237
Class.: 3310 Legals
Start Date: 07/06/2010 End Date: 07/06/2010
Publications: Kltsap Sun
Paid Amount: $0.00 Balance: $12.78
Total Price:
4KITSAP COUNTY AUDF�_
TOR'S OFFICE
LICENSING DIVISION
KITSAP SUB -AGENCY
Request for Proposal
2007-118
Due: Monday, Febru-
ary 26, 2007 at 3:00
PM The Kitsap County
Auditor's Office, acting
as an agent for the
Washington State De-
partment of Licensing,
is accepting business
proposals for a Vehicle
Sub Agency in Bremer-
ton, Washington. In-
terested parties may
obtain an application
packet, including a
business proposal out-
line by contacting
R'Lene Orr at
360-337-4410 or
rorr@co.kitsap.wa.us.
Submittal
Please submit six (6)
copies of the applica-
tion and written busi-
ness proposal no later
than Monday, Febru-
ary 26, 2007 at
3:OOPM. Successful
applicants in the appli-
cation and written
business proposal pro-
cess will be scheduled
for a personal inter-
view. Interested par-
ties shall submit the
application and written
proposals to R'Lene
Orr, Purchasing and
Records Manager. f
�Ovt�
Page 1 of 1
KITSAP SUN:
Kitsap County average per day paid circulation: 23,951
Kitsapsun.com
Jan -May 2010 Total number of visitors 3,184,222
Jan -May 2010 Total number of unique visitors 380,421
Jan -May 2010 Total number of impressions 14,186,426
Ab
Audit Bureau
of Circulations
Newspaper
u Publisher's.
Statement
Subject to Audit
For six months ended March 31, 2010
AUDITED EVERY OTHER YEAR
The Kitsap Sun
Bremerton (Kitsap County), Washington
wwwAitsapsun.com
1. TOTAL AVERAGE PAID CIRCULATION
Core Newspaper with replica electronic
Core Newspaper
Electronic Editions (See Par. 6B)
Other Unique Editions
1A. AVERAGE PAID CIRCULATION - Core Newspaper
Paid for by Individual Recipients
Home Delivery and Mail
Total Average Paid by Individual
Sun
NIIuu NY
(Mon: Fri.
Mon
Tue
Wed
Thu
Fri
Sat
24,262
24,497
24,242
24,312
24,376
24,598
24,961
23,094
24,262
24,497
24,242
24,312
24,376
24,598
24,961
23,094
24,124
19,744
18,873
18,948
18,998
19,385
22,516
22,192
138
4,753
5,369
5,364
5,378
5,213
2,445
902
0
0
0
0
0,
0
0
0
20,984 17,472 16,731 16,738 16,737 16,962 20,190 20,108
2,700 1,780 1,652 1,716 1,770 1,929 1,835 1.625
i
1
Other Paid Circulation: (See Par. 6A)
Single Copy Sales
0
0
0
0
0
0
0
0
Educational Programs
3
4
3
6
3
6
3
3
Employee/Independent Contractor
318
31B
318
318
318
318
318
31B
Third Party Sales
119
170
169
170
170
170
170
13B
Third Party Sales - Payment made with barter
0
0
0
0
0
0
0
0
Subtotal
440
492
490
494
491
494
491
459
Total Average Paid Circulation - Core Newspaper
24,124
19,744
18,873
18,948
18,998
19,385
22,516
22,192
Total Paid Circulation - Electronic Editions
138
4,763
5,369
5,364
5,378
5,213
2,445
902
Total Paid Circulation - Other Unique Editions
0
0
0
0
0
0
0
0
IV IAL AVCKALzr FAIL) UIXUULAUIUN
24,262
24,497 24,242
24,312
24,376
24,598
24,961
23,094
Other Audited Circulation (Optional)
0
0 0
0
0
0
0
0
Total Circulation (Optional)
0
0 0
0
0
0
0
0
Days Omitted from Averages
None
None
None
None
None
None
None
Audience -FAX
WEB SITE USAGE: Total Activity
March zo
Total Unique Cookies 417,625
Page ImpressionsNiews 3,256,491
Source: Omniture SileCatalyst, See Explanatory
01.4865-0
48 W. Seegers Road • Arlington Heights, IL 60005-3913 • T: 224.366.6939 • F: 224.366.6949 • www.accessabc.com
PORT ORfHARO
1J
June 11, 2010
City Of Port Orchard
City Clerk
City Hall — 216 Prospect Street
Port Orchard, WA, 98366
The Port Orchard Independent is pleased to submit the enclosed bid for public printing of
the City of Port Orchard's official notices in compliance and acceptance of terms and
conditions set forth in the Newspaper Publication Services request.
The Independent, the oldest newspaper in Kitsap County, has a long history of providing
legal notice services to the city and county entities as well as private parties throughout
the community and county. Because the Independent is located in the same city as the
county seat, the Independent has naturally become the newspaper to which most clients in
need of a legal notice publication turn to. The Independent publishes on Fridays of each
week and is annually audited by the Circulation Verification Council. The circulation of
18,231 continues to be maintained and is audited by CVC an independent audit source,
documentation enclosed. Also please find enclosed documentation with map of the
Independent's circulation numbers within the City Limits of Port Orchard as well as for
the South Kitsap Urban Growth Area.
Rates: The Port Orchard Independent extends to the City of Port Orchard the rate of
$2.97 per classified column inch, on a ten column classified page format to
publish legal notices that will appear in the A -section of the Independent.
The Port Orchard Independent will also provide the City of Port Orchard
placement and the publishing of all city legal notices on its' website
ww_w.portorchardindependent.com at NO CHARGE.
In closing, it is important to note that the Independent is qualified to submit this bid and
holds the contract under the provision's of both the city's Notice to Bidders and
Washington State law (RCW65.16). The Kitsap News Group/Port Orchard Independent
have been approved by Kitsap County Superior Court as a qualified legal newspaper to
publish legal notices for Port Orchard and in all of Kitsap County. Documentation
enclosed.
We thank you for the
consideration. We to(
Rich Peterson
Publisher,
Port Orchard i
P.O. BOX 27
PORT ORCHARD, WA 98366
(360)876-4414
(360) 876,4458 FAX
to serve the City of Port Orchard and for your
i continuing our strong relationship with the city.
'YOUR SOURCE FOR LOCAL NEWS
& INFORMATION SINCE 18W
EACH BIDDER SHALL SUBMIT ONE COMPLETED
SIGNED ORIGINAL BID PACKET:
The City of Port Orchard, upon award, will sign the document and return one copy to the
successful bidder.
Upon signature by the City of Port Orchard, the bid document becomes the contract between the
City and Newspaper. All documents referenced therein become part of the contract by their
reference.
The term of the contract shall be for a period of one (1) year, to commence on July 1, 2010 and
ending June 30, 2011.
COMPLETE THE FOLLOWING SECTION AS YOUR BID:
$cl per single column inch for each insertion (including applicable sales tax).
If applicable: Cost per additional line: $ ' 33 (including applicable sales tax).
In addition, please provide the City with circulation numbers within City limits, as well as inside
the South Kitsap Urban (Growth Area and answer the following questions:
Audited circulation: K- Yes No j
Circulation Number within City Limits:
Circulation Number within the South Kitsap Urban Growth Area:
The undersigned states that he or she is authorized to submit a bid on behalf of the corporation,
partnership, or sole proprietorship listed below and further states that the corporation,
partnership, or sole proprietors ip/is�bound by the above offer. (� j
Le¢ Newal sdaoer:l CeJ� I C�Lfl�L1 tM'�Q V�fXe1�7-
Title Date
VV
J'iG,4�14 340 �IG� rs`�el��rf6rcatTlvci2�tc�et, Psut
Phone No. Fax No. Email
The following is to be completed if the bid has been awarded by the Port Orchard City Council:
Contract Term: July 1, 2010 through June 30, 2011
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Approved as to form:
Gregory A. Jacoby, City Attorney
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
`l9
20
21
22
23
24
25
26
27
28
J c11Y 16 q 1] Cryry" v an
JN THE SUPERIOR COURT OF THE STATE OF W5HINGTON
FOR KITSf1P ` TyUDErt'srE :r
. �:EP�i)•
In Re the Matter of,
KITSAP NEWSPAPER GROUP
Petitioner,
No. ib Ij(J l�r�
ORDER OF APPROVAL AS A
LEGAL NEWSPAPER
On motion of attorneys for petitioner for approval of the Kitsap Newspaper Group as a legal
publication per the provisions of RCW 65.16.020, and the court having read the sworn declaration of
Michael Shepard, and having heard argument of counsel, and being otherwise advised in the premises;
and having found that the Court has jurisdiction over this matter under RCW 65.16.040, it is hereby
ORDERED: that the Kitsap Newspaper Group, its five publications presently being distributed
throughout the County, namely The Port Orchard Independent, the Central Kitsap Reporter, the Navy
News, the North Kitsap Hearld, and the Bainbridge Island Review, and any future publications bearing
the same characteristics as these publications and published by said Kitsap Newspaper Group, are
hereby approved as "legal publications" as qualified under RCW 65.16.020, for the purposes of
publishing legal notices to residents of Kitsap County, and for any other purposes relevant to
qualification as a legal publication in this County.
DATED THIS 4C day of January, 1998.
ORDER APPROVFNG A LEGAL NEWSPAPER..,
Page 1
°RDAPPKNIG O R I G l N A L
J
(COMMISSIONER
blAcDERMID LIEBERT DUNAWAY & MORGAN, P.S.
ATTORNEYS AT LAW
SUITE 103, 9226 BAYSHORE DRIVE N.W.
SILVERDALE, WA 98383
(360) 692-4000
6
x 11 Presented By
2 MacDERMID LIEBERT DUNAWAY & MORGAN, PS
3
4 By e
5 JO 'D MORGAN, WSBA 4 15 843
6 Atto e s for Petitioner
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ORDER APPROVING A LEGAL NEWSPAPER
Page 2
ORDAPP.KNG
STATE OF WASHiNGTON l COUNTY OF KITSAP SS
I, DAVID W. PETERSON. Cler: of the above-
eelitle0 County co hereby codify that the forsv:na insW-
ment is a true and exact copy of the onolnal now on file
in my office.
"�heraofe!xxCCyy hand and of 20�D.dUN YCLERBY
Deputy
MACDERMID LIEBERT DUNAWAY & MORGAN, P.S.
ATTORNEYSAT LAW
SUITE 103, 9226 BAYSHORE DRIVE N.W.
SR.VERDALE, WA 98383
(360) 6924000
Rates:
$2.97 Per single (1) vertical column inch for each insertion.
Cost per additional line
Lines per column
Rate
per line
Using the above rate, I certify that the cost to the City of Port Orchard for printing the
attached example legal notice on the following page, would be 112,E for each single
column insertion. $2.97 per classified column inch, on a ten column classified page
format to publish legal notices that will appear in the A -section of the Port Orchard
Independent.
Internet•
The Port Orchard Independent will also provide the City of Port Orchard the placement
and publishing of all city legal notices on its' website www.portorchardindependent.com
at NO CHARGE.
Circulation:
See attached A-1 & A-2 for circulation numbers in the City of Port Orchard and Urban
Growth Area
Present Friday Only Circulation 18,231
Billing:
Ads will be billed on a cost per vertical column inch.
Three (3) original notarized affidavits will be provided to the City of Port Orchard with
each legal notice invoice.
Bidder's signature
Business name Po Orchard Independent
Address P.O. Box 27
City/State/Zip Code Port Orchard, WA 98366
Phone 360-876-4414 Fax 360-876-4458
Mechanical Specs:
Font: Helvetica Condensed
Type Size: 8 Point
Leading: 8.5 Point'
Kerning: 0
Column Width: 1 inch
The Port Orchard Independent uses an 8 point type size. Which translates to 9 lines of
copy per column inch for better readability.
Example: (1 Column x 4.5 inches)
CITY OF PORT
ORCHARD
NOTICE OF PUBLIC
HEARING
The Port Orchard City
Council will hold a pub-
lic hearing to update
and amend Port Orchard
Municipal Code Chapter
15.38, Flood Damage
Prevention. The hearing
will take place on Tues-
day, June 22, 2010 at
7:00 PM in the Robert
Geiger Council Cham-
bers, 216 Prospect
Street, Port Orchard,
WA.
Any person or public
agency expressing an
interest is invited to at-
tend the public hearing
and/or submit written
comments to the Plan-
ning Department on or
before 4:30 PM, June
22, 2010. Further infor-
mation regarding this
subject is available from
the Planning Depart-
ment, City of Port Or-
chard, 216 Prospect
Street, Port Orchard,
WA 98366.
Date of Publication:
06/04/10
(PO370715)
Bid for Public Printing Services
for the City of Port Orchard, Washington
Presented by the Port Orchard Independent,
A Kitsap News Group Newspaper.
Submitted Junel1, 2010
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 a FAX (360) 895-9029
REQUEST FOR NEWSPAPER PUBLICATION SERVICES
Scope of the Request
The City of Port Orchard is requesting bids to provide the service as the Official Newspaper of the City of
Port Orchard. The term of the agreement will be for one-year and the contract period shall begin July 1,
20io. This bid includes all legal notices, ordinances, or summaries thereof, and other matters for the City
of Port Orchard and as required by law during the term of this agreement.
Requirements
The City of Port Orchard is required to publish its legal notices, or summaries thereof, and other matters
in a legal newspaper that has the qualifications set forth in RCW Chapter 65.16. The newspaper must be
an approved legal newspaper for Kitsap County, publish at least once a week, and have a general
circulation in and around the City of Port Orchard. After publication of any legal notice, ordinance or
document from the City of Port Orchard, the newspaper shall provide an Affidavit of Publication to the
City of Port Orchard setting forth the text and the date of publication.
The City will not pay for any ad which is improperly run. The successful bidder will re -run an improperly
run ad at its expense.
The successful bidder shall furnish an itemized statement of the Cit/s account monthly, listing the invoice
number, item(s) published, and the total amount of each invoice.
Fee Proposal
Bids must be submitted on the form provided and must show the amount bid per column inch to publish
all legal advertisements, legal notices, and/or ads on their website. The rate charged shall not exceed the
national advertising rate extended by the newspaper to all general advertisers and advertising agencies in
its published rate card.
Submission of Proposal
Each newspaper shall submit to the above address to the attention of the City Clerk, a cover letter setting
forth its qualifications as a legal newspaper in the State of Washington, the area of general circulation, the
ability to provide the services requested herein and the fees associated with publication.
Time for Submission
Bids may be sent in by mail, email, fax, or in person. However, if the bid is sent by mail, it is the
responsibility of the bidder to ensure timely delivery. All responses to this request shall be delivered to the
City Clerk by 10:oo a.m. on June 11, 2010, to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
pkirkpatrick( cityofportorchard us
Evaluation
The City of Port Orchard shall evaluate qualified proposals based upon the criteria set forth herein and in
state law including consideration of such other matters as are deemed appropriate. The City of Port
Orchard reserves the right to reject any or all proposals in its sole discretion.
DATED this 26th day of May 2010, by the City of Port Orchard
Patricia J. Kirkpatrick, City Clerk
Q
W 0
W ~
� O
C 4
Z � W
�C
bft Q
v
�~Cc v WCC 3
C,%
O � atL co0
ka C
y
O
O � Q
WZ
LA
O �
cc
v
(A-2)
Port Orchard Independent Circulation Numbers for
Total
City of Port Orchard 3,416
Urban Growth Area 55,080
Total 8,496
Port Orchard Independent Total Circulation by Zip Code
Zip
City
Total
98312
Bremerton
282
98359
Olalla
1,214
98366
Port Orchard
9,679
98367
Port Orchard
7,022
Mailed
43
Total 18,240
100. Distribution b County (6/26/2009 Edition) Friday- Port Orchard Independent
COUNTY
CITY/AREA
HOME DELIVERY
CONTROLLED
BULK
MAIL
OFFICE/
RESFOCK
TOTAL
Kitsap
Bremerton
Olalla
Port Orchard
17,522
431
0
228
18,181
Mason
Belfair
0
5
0
0
5
Pacific
Nahcotta
0
5
0
0
5
Misc.
Assorted
0
0
40
0
40
TOTAL
17,522
441
40
228
1 18,231
90. Distribution by Zip Code (6/26/2009 Edition) Friday- Port Orchard Independent
ZIP
CODE
CITY/AREA
COUNTY
HOME
DELIVERY
CONTROLLED
BULK
MAIL
OFFICE
RESTOCK
TOTAL
98312
Bremerton
Kltsap
270
12
0
0
282
98359
olalla
Kitsap
1,150
15
0
0
1,165
98366
Port Orchard
Kltsap
9,127
312
0
228
9,667
98367
Port Orchard
Kltsap
6,975
92
0
0
7,067
98528
Belfair
Mason
0
5
0
0
5
98637
Nahcotta
Pacific
0
5
0
0
5
Mist.
Assorted
Assorted
0
0
40
0
40
TOTAL
17,522
1 441
40
228
18,231
www.cvcaudit.com
0
oa o
�e� r
m
a
�
N
0
e
0 e
o
o
0
o
o
e
o
e o o
0
e
N
wOO
r
I,:n
w
C
(p
m
I,:
N
a (C
m
N
14
Q
h N W
N N
0 o a o o a v o o a o o a o 0
_ Q00 Q n rn� l0 N O� f0 oNn (W(yy N 1ONO
coN...._ OP N. CS. V1 �. N..{ W N..w_.M.. W n
O w r N M M (O
n 0 m N m N O h w co 0m w
N N N n rO v h
M a 3 aw0 N M N Cl m N N
red ryzry �pz ryzp a o o 1Z1pp a peppp epp�� ta0 letpp° 0m do�ryry 1e110� a 101�� t o
C
a mcomi imPo'ag ��nn`�`u3�unii f"c�
h
w M 0 0 0
h ^ N V w m r0 O V w w M N
� N
N M N N N p N N m�� N O) N w 0 w N N M (0 V
m
W M
m
w
N
w
co
in m
m
N m
M O
O
tw0
M
h 0
M r tM0
dN'
N
O
V
O
Z M
O
m
w
w
r i i
i
0M
r
r r
i
i r
i r
r i M
m N i i
i1C6
M M O
O N N
N N Ul
m V
e I r I I Ir rI I r r I I Iv
W.. 1 _ n w_ P... r '.. N...•- t0 'Md Cl _� P ofo
0 N O O O O d o 0 N c Z L dl N
m •? d m v d 10 m- o 0 o E t a 0 9 E
e •O E E E m E �1 Fa �rn 10 r C a `m
> o E® m> 2 O :o 0 c m o 0 0 a m m
m x w W m m m m y m 2 C rY� SeO d d c0. w V1 V) to F
m o°4 0
A.
U
City of Port Orchard
Web Site Numbers for the Port Orchard Independent and Kitsap News Group Combined
for
2010 January through June
Port Orchard Independent Web Site Numbers:
2010 January thru June -
Pageviews Unique Visitors Visits
316,790 66,061 115,721
Kitsap News Group Combined Web Site Numbers (Bainbridge Island Review, North Kitsap Herald,
Central Kitsap Reporter, Bremerton Patriot and Port Orchard Independent).
2010 January thru June -
Pageviews
1,436,075
Source: Google Analytics
Unique Visitors Visits
303,536 544,848
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item No. 7D Meeting Date:
Subject: Adoption of Ordinance No. 013-10, Prepared by:
Amending Port Orchard Municipal
Code Section 15.01.040 2009
International Building Codes
Atty Routing No:
July 13, 2010
James R. Weaver
Development Director
NA
Atty Review Date: NA
Summary: The Washington State Building Code Council periodically adopts revised building
codes. As such, on July 1, 2010, the Washington State Code Council voted to adopt the 2009
Edition of the building codes with an effective date of July 1, 2010. Ordinance No. 013-10 adopts
the new edition of the code in order to be in compliance with the state.
Recommendation: Approve Ordinance No. 013-10, 2009 International Building Codes effective
July 1, 2010.
Motion for consideration: I move to adopt Ordinance No. 013-1o, amending Port Orchard
Municipal Code Section 15.01.040 2009 International Building codes effective July 1, 2010.
Fiscal Impact: NA.
Alternatives: Do not adopt Ordinance No. 013-10 International Building Code
Attachments: Ordinance No. 013-10
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13, 2010
Adopted:
ORDINANCE NO. 013-010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2009 EDITIONS OF THE
INTERNATIONAL BUILDING CODE AS ADOPTED BY THE
STATE BUILDING CODE COUNCIL, AND ADOPTING THE
WASHINGTON STATE HISTORIC BUILDING CODE, AND
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION
15.04.010.
WHEREAS, the Washington State Building Code Council (Code Council)
periodically adopts uniform codes of statewide applicability, collectively referred to as the
state building code; and
WHEREAS, on November 12, 2009, the Code Council voted to adopt the 2009
Edition of the International Building Codes and the effective date of the 2009 edition of the
codes is July 1, 2010; and
WHEREAS, the City of Port Orchard has previously adopted the 2oo6 Edition of
the International Building Code as adopted by the Code Council; and
WHEREAS, RCW 35.21.180 grants authority to cities to adopt statutes and codes
by reference; and
WHEREAS, RCW 19.27.031 provides that the state building code as adopted by the
Code Council shall be in effect in all counties and cities; and
WHEREAS, the City Council finds that the public health, safety, and welfare
will be served by keeping current with the most current edition of the state building code;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. Port Orchard Municipal Code Section 15.04.oro, Building Codes
Adopted, is AMENDED to read as follows:
Ordinance No. 013-10
Page 2 of S
15.04.010 Building Codes Adopted.
(1)
The 2009 Editions of the following codes as adopted by the Washington State
Building Code Council, together with the appendices of such codes as specified
herein, are hereby adopted as the official building codes of the City of Port Orchard
as though fully set forth herein:
(a) International Building Code, excluding Chapter u
(accessibility), together with Appendices B, E, and F; and
(b) International Mechanical Code, together with Appendices A,
H, and I;
(c) International Fuel Gas Code;
(d) International Residential Code, together with Appendices H
and M, and excluding Chapter 41 (swimming pools), Section
302, and Table 302.1; and specifically retaining Section 302 of
the 2003 Edition of the International Residential Code as
adopted by the State Building Code Council.
(2) The 1997 Edition of the Uniform Code for the Abatement of Dangerous
Buildings together with the appendices, as published by the International
Conference of Building Officials, is hereby re -adopted as the official code
of the City of Port Orchard as though fully set forth herein. A copy of the
code referenced herein is on file with the City Clerk.
(3) The 2009 Edition of the International Building Code, as adopted herein,
is amended to read as follows:
(a) Subsection 105.2
105.2 Work exempt from permit. Exemptions from permit
requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits
shall not be required for the following:
(1) One-story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area does
not exceed 120 square feet (11 m2).
(2) Fences not over 6 feet (1,829 mm) high
(3) Oil derricks.
Ordinance No. 013-10
Page ,I of
(4) Retaining walls which are not over 4 feet (1,219 mm) in
height measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge or impounding Class I, II or III -A
liquids.
(5) Water tanks supported directly on grade if the capacity does
not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter
or width does not exceed 2 to 1.
(6) Sidewalks and driveways not more than 30 inches (762 mm)
above grade and not over any basement or story below and which are
not part of an accessible route.
(7) Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
(8) Temporary motion picture, television and theater stage sets
and scenery.
(9) Prefabricated swimming pools accessory to a Group R-3
occupancy, as applicable in Section 101.2, which are less than 24
inches (610 mm) deep, do not exceed 5,00o gallons (18 925 L) and are
installed entirely above ground.
(io) Shade cloth structures constructed for nursery or agricultural
purposed and not including service systems.
(ii) Swings and other playground equipment accessory to
detached one- and two-family dwellings.
(12) Window awnings supported by an exterior wall which do not
project more than 54 inches (1372 mm) from the exterior wall and do
not require additional support of Group R-3, as applicable in Section
101.2, and Group U occupancies.
(13) Nonfixed and movable fixtures, cases, racks, counters and
partitions not over 5 feet 9 inches (1753 mm) in height.
(b) A new Subsection 108.7 is added to read as follows:
Ordinance No. 013-10
Pate a of F
The Building Official is authorized to waive the Permit Fee and Plan
Review specified in the International Building Code and in the
Uniform Plumbing Code upon satisfaction of the following conditions:
(1) The permit is for a residential unit of an owner/occupier who
is 6o years or older with a maximum annual income, together with all
persons in the household, below the poverty line as established by the
Office of Management & Budget in Washington D.C.
(2) The work is for essential repairs and improvements, such as
insulation, weatherization, roof repairs, structural repairs or essential
plumbing repairs.
(3) The owner/occupant of the home completes a form supplied
by the Building Official requesting exception from the Building Permit
Fees.
(4) International Residential Code (IRC) Table R301.2(1) is amended in the
blanks of the table as follows:
Ground Snow Load=30 psf
Wind Speed=85 mph
Seismic Design Category=D2
Weathering=Moderate
Frost Line Depth=12 inches
Termite=Slight to Moderate
Decay=Moderate to Severe
Winter Design Temp=26
Ice Shield Underlayment Required=No
Flood Hazards=(a)198o, (b) i98o
Air Freezing Index=148
Mean Annual Temp=51.4
(5) The following code, as adopted by the Washington State Building Code
Council, together with the appendices of such codes, as applicable, is hereby adopted
as the official building code of the City of Port Orchard as though fully set forth
herein:
(a) Washington State Historic Building Code.
(Ord. 007-06 § 1, 20o6; Ord. 1945 § 1, 2004; Ord. 1735 § 2, 1998; Ord. 1729 § 2,
1998).
Ordinance No. 013-10
Page - of
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance maybe published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard. APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 13th day of July 2010.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Councilmember, Fred Chang
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (36o) 895-9029
Business Item No.
Agenda Staff Report
Subject: Adoption of Ordinance No. 014-10,
Amending Port Orchard Municipal
Code Section 15.12 20o9 Fire Codes
Meeting Date: July 13, 2010
Prepared by: James R. Weaver
Atty Routing No:
Atty Review Date:
Development Director
NA
NA
Summary: The Washington State Building Code Council periodically adopts revised building
codes. As such, on July 1, 2010, the Washington State Code Council voted to adopt the 2009
Edition of the fire codes with an effective date of July 1, 2010. Ordinance No. 014-10 adopts the
new edition of the code in order to be in compliance with the state.
Recommendation: Approve Ordinance No. 014-10, 2oo9 Fire Codes effective July 1, 2010.
Motion for consideration: I move to adopt Ordinance No. 014-1o, amending Port Orchard
Municipal Code Section 15.12 2oo9 Fire codes effective July 1, 2010.
Fiscal Impact: NA.
Alternatives: Do not adopt Ordinance No. 014-10 Fire Code
Attachments: Ordinance No. 014-10
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13, 2010
Adopted:
ORDINANCE NO. 014-010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING THE 2oo9 INTERNATIONAL FIRE
CODE (IFC) AS ADOPTED BY THE STATE BUILDING CODE
COUNCIL TOGETHER WITH APPENDICES B AND D, AND
ADOPTING CERTAIN LOCAL AMENDMENTS TO THE 20o6
INTERNATIONAL FIRE CODE AND AMENDING PORT
ORCHARD MUNICIPAL CODE SECTIONS 15.12.010, .030, .040,
.050, .070, .o8o AND .too.
WHEREAS, the Washington State Building Code Council (Code Council) periodically
adopts building codes of statewide applicability, collectively referred to as the state building
code;and
WHEREAS, on November 12, 2009 the Code Council voted to adopt the 20o9 Edition
of the International Fire Code, along with amendments thereto, and the effective date of the
code is July 1, 201o; and
WHEREAS, the City of Port Orchard has previously adopted the 2oo6 Edition of the
International Fire Code as adopted by the Code Council; and
WHEREAS, RCW 35.21.180 grants authority to cities to adopt statutes and codes by
reference; and
WHEREAS, RCW 19.27.031 provides that the state building code as adopted by the
Code Council shall be in effect in all counties and cities; and
WHEREAS, the City Council finds that the public health, safety, and welfare will be
served by keeping current with the most current edition of the state building code; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 15.12.010, International Fire Code,
2003 Edition, adopted, is hereby AMENDED to read as follows:
15.12.010 International Fire Code, 2oo9 Edition, adopted.
The 2oo9 Edition of the International Fire Code, as adopted by the Washington
State Building Code Council, including amendments, is hereby adopted, together
with Appendices B and D, except as to local amendments as set forth in Section
Ordinance No. 014-10
Page 2 of 9
15.12.1oo, as the official fire prevention code of the City of Port Orchard, as
though fully set forth herein. One copy is on file in the office of the city clerk.
SECTION 2. Port Orchard Municipal Code Section 15.12.03o, Definitions, is hereby
AMENDED to read as follows:
15.12.03o Definitions
(1) Whenever "municipality" is used in the International Fire Code, it means the
city of Port Orchard.
(2) Whenever "jurisdiction" or "department of fire prevention" is used in the
International Fire Code, it means fire authority.
(3) Whenever "counsel" is used in the code, it means the city attorney.
(4) Whenever "police" is used in the code, it means the City of Port Orchard
police department.
(5) Whenever "fire chief' or "fire code official" or "fire department" is used in
the code, it means fire authority.
(6) Whenever "fire area" is used in the code, it means the total floor area of all floor
levels within the exterior walls and under the horizontal projections of the roof of a building.
(7) Whenever "governing body" is used in the international Fire Code, it means
the City Council of Port Orchard.
SECTION.,I. Port Orchard Municipal Code Section 15.12.04o, District limits for storage
of flammable and combustible liquids, liquefied petroleum gases, and explosives, is hereby
AMEMDED as follows:
15.12.04o District limits for storage of flammable and combustible
liquids, liquefied petroleum gases, and explosives and blasting agents.
The limits referred to in Chapter 34 of the fire prevention code in which storage
of flammable and combustible liquids in outside aboveground storage tanks is
prohibited, the limits referred to in Chapter 38 of the fire prevention code in
which bulk storage of liquefied petroleum gas is restricted, and the limits referred
to in Chapter 33 of the fire prevention code, in which storage of explosives and
blasting agents is prohibited, are established as follows:
Beginning at the intersection of the outer harbor line and the west boundary of
the city; thence southerly along the west boundary to the southerly margin of Bay
Street thence northeasterly along the southerly margin to the projected centerline
of alley in Block 2, original plat of Sidney; thence east along the centerline of the
alley to the intersection with the centerline at Cline Street; thence north to the
centerline of the alley in Block 7, original plat of Sidney; thence east to the
centerline of Austin Avenue; thence north to the centerline of Kitsap Street;
thence east to the centerline of Seattle Street; thence north to a point two
hundred feet south of the centerline of Bay Street; thence parallel to the
Ordinance No. 014-10
Page 3 of 9
centerline of Bay Street easterly to the centerline of Blackjack Creek to the west
line of Maple Street Waterway projected southerly; thence northerly along the
west line of Maple Street Waterway to the outer harbor line; thence southwesterly
along the outer harbor line to the point of beginning.
SECTION 4. Port Orchard Municipal Code Section 15.12.050, Appeals, is hereby
AMENDED as follows:
15.12.o5o Appeals.
Whenever the fire authority shall disapprove an application or refuse to grant a
permit applied for, or when it is claimed that the provisions of the codes do not
apply or that the true intent and meaning of the codes have been misconstrued or
wrongly interpreted, the applicant may appeal from the decision of the fire
authority within 3o days from the date of the decision in accordance with Section
to8 of the 20og Edition of the International Fire Code, as adopted herein.
SECTION 5. Port Orchard Municipal Code Section 15.12.070, Establishment and duties
of bureau of fire prevention, is hereby AMENDED as follows:
15.12.0 70 Establishment and duties of bureau of fire prevention.
(1) The adopted code shall be enforced and administered by the fire
authority.
(2) The fire code official in charge of the bureau of fire prevention shall be
appointed by the fire chief on the basis of examination to determine his/her
qualifications.
(3) The fire authority may detail such members of the fire department as
inspectors as shall from time to time be necessary.
SECTION 6. Port Orchard Municipal Code Section 15.12.o8o, New materials, processes
or occupancies which may require permits, is hereby AMENDED as follows:
15.12.o8o Operational permits.
Upon approval of the governing body the fire authority for the city of Port
Orchard shall be allowed to implement a permit program in order to require the
issuance of operational permits per section 105.1.2(1). In the event that any new
materials, processes or occupancies will require operational permits, in addition
to those now enumerated in said code, the fire authority shall create a list of the
new materials process or occupancies that will require operational permits and
post the list in a conspicuous place in the fire authority office and distribute
copies thereof to interested parties.
SECTION 7. Port Orchard Municipal Code Section 15.12.100, State Fire Code
Adoptions and Local Amendment of the 2003 edition of the International Fire Code, is
AMENDED to read as follows:
15.12.ioo Local Amendments to the 2009 Edition of the International
Fire Code, as adopted in Section 15.12.010.
Ordinance No. 014-10
Page 4 of g
The City of Port Orchard adopts, as local amendments, and further amends the
following sections of the 2009 Edition of the International Fire Code as adopted
by the Washington State Building Code Council, including amendments to
appendices B and D as follows:
Section 102.7:
102.E Referenced codes and standards. The codes and standards
referenced in this code shall be those that are listed in Chapter 47 and
such codes and standards shall be considered part of the requirements of
this code to the prescribed extent of each such reference as interpreted by
the fire code official. Where differences occur between the provisions of
this code and the referenced standards, the provisions of this code shall
apply.
Section 503:
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Section 503 and Appendix D.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this section and shall
extend to within 150 feet (45 720 mm) of all portions of the facility and all
portions of the exterior walls of the first story of the building as measured by
an approved route around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150
feet (45720 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3•
2. Fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades or other similar
conditions, and an approved alternative means of fire protection is provided.
3. There are not more than two Group R-3 or Group U occupancies.
503.1.2 Additional access. The fire code official is authorized to require
more than one fire apparatus access road based on the potential for
impairment of a single road by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
503.1.3 High -piled storage. Fire department vehicle access to buildings
used for high -piled combustible storage shall comply with the applicable
provisions of Chapter 23.
503.2 Specifications. Fire apparatus access roads shall be installed and
arranged in accordance with Sections 503.2.1 through 503.2.7.
Ordinance No. 014-10
Page , of 9
503.2.1 Dimensions. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet (6096 mm), except for approved
security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115 mm).
503.2.2 Authority. The fire code official shall have the authority to require an
increase in the minimum access widths where they are inadequate for fire or
rescue operations.
503.2.3 Surface. Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus and shall be
surfaced so as to provide all-weather driving capabilities.
503.2.4 Turning radius. The required turning radius of a fire apparatus
access road shall be 35ft. inside radius and 48ft. outside radius for
commercial and 25ft. inside and 40ft. outside radius for residential.]
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150
feet (45 720 mm) in length shall be provided with an approved area for
turning around fire apparatus.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated
surface is part of a fire apparatus access road, the bridge shall be constructed
and maintained in accordance with AASHTO Standard Specification of
Highway Bridges able to support loads of 60,00o pounds. Bridges and
elevated surfaces shall be designed for a live load sufficient to carry the
imposed loads of fire apparatus. Vehicle load limits shall be posted at both
entrances to bridges when required by the fire code official. Where elevated
surfaces designed for emergency vehicle use are adjacent to surfaces which
are not designed for such use, approved barriers, approved signs or both shall
be installed and maintained when required by the fire code official.
503.2.7 Grade. The gradient of the fire apparatus access road shall not
exceed 12%.
Exception: Gradient of the fire apparatus access road may be increased up to
15% if all buildings are protected by an approved automatic fire sprinkler
system. Gradients of fire apparatus access road in excess of 15% will require
the approval of the Fire Chief.
503.3 Marking. Where required by the fire code official, approved signs
or other approved notices shall be provided for fire apparatus access roads to
identify such roads or prohibit the obstruction thereof. Signs or notices shall
be maintained in a clean and legible condition at all times and be replaced or
repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access
roads shall not be obstructed in any manner, including the parking of
vehicles. The minimum widths and clearances established in Section 503.2.1
Ordinance No. 014-10
Page 6 of 9
shall be maintained at all times.
503.5 Required gates or barricades. The fire code official is authorized to
require the installation and maintenance of gates or other approved
barricades across fire apparatus access roads, trails or other access ways, not
including public streets, alleys or highways.
503.5.1 Secured gates and barricades. When required, gates and barricades
shall be secured in an approved manner. Roads, trails and other access ways
that have been closed and obstructed in the manner prescribed by Section
503.5 shall not be trespassed on or used unless authorized by the owner and
the fire code official.
Exception: The restriction on use shall not apply to public officers acting
within the scope of duty.
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire chief. Where security gates are
installed, they shall have an approved means of emergency operation. The
security gates and the emergency operation shall be maintained operational at
all times.
503.E Residential Private Access. Group R-3, R-4, or Group U occupancies
allowed on a private access if a residential sprinkler system is installed in each
new structure.
Exception: There are not more than two Group R-3, R-4, or Group U
occupancies.
Section 903:
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in this
section:
Exception: Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power distribution
equipment, batteries and standby engines, provided those spaces or areas are
equipped throughout with an automatic fire alarm system and are separated
from the remainder of the building by fire barriers consisting of not less than
t-hour fire -resistance -rated walls and 2-hour fire resistance -rated
floor/ceiling assemblies.
1. Where this code requires the installation of an automatic sprinkler system
to protect an occupancy within an otherwise non-sprinklered building, then
automatic sprinkler protection will be required throughout the entire
building.
2. Portions of buildings which are separated by one or more four-hour area
separation walls constructed in accordance with the International Building
Ordinance No. 014-10
Page 7 of 9
Code, without openings and provided with a 3o-inch (762 mm) parapet, are
allowed to be considered as separate fire areas.
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for
Group A-1 occupancies where one of the following conditions exists:
1. The fire area exceeds 10,00o square feet (929 m2);
2. The fire area has an occupant load of 300 or more;
3. The fire area is located on a floor other than the level of exit discharge; or
4. The fire area contains a multitheater complex.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for
Group A-3 occupancies where one of the following conditions exists:
1. The fire area exceeds 1o,000square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: Areas uses exclusively as participant sports areas where the main
floor area is located at the same level as the level of exit discharge of the main
entrance and exit.
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for
Group A-4 occupancies where one of the following conditions exists:
1. The fire area exceeds io,000 square feet (929 m2);
2. The fire area has an occupant load of 300 or more; or
3. The fire area is located on a floor other than the level of exit discharge.
Exception: Areas uses exclusively as participant sports areas where the main
floor area is located at the same level as the level of exit discharge of the main
entrance and exit.
903.2.1.6 Group B. An automatic sprinkler system shall be provided for Group
B occupancies where the fire area exceeds ro,000 square feet.
903.2.3 Group F. An automatic sprinkler system shall be provided throughout
all buildings containing a Group F occupancy where one of the following
conditions exist:
1. Where a Group F fire area exceeds 10,000 square feet (929 m2);
2. Where a Group F fire area is located more than three stories above grade
plane.
903.2.6 Group M. An automatic sprinkler system shall be provided
throughout buildings containing a Group M occupancy where one of the
following conditions exists:
1. Where a Group M fire area exceeds 10,00o square feet (929 m2);
2. Where a Group M fire area is located more than three stories above grade
plane.
903.2.E Group R. An automatic sprinkler system in accordance with Section
903 shall be provided throughout buildings containing a Group R occupancy,
including town homes and condos where one of the following exist:
Ordinance No. 014-10
Page 8 of 9
1. The fire area exceeds 5,000 square feet (929 m2);
2. The fire area has 5 or more units; or
3. The fire area is located on a floor other than the level of exit discharge.
903.2.8 Group S. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S occupancy where one of the
following conditions exist:
1. Where a Group S fire area exceeds 10,00o square feet (929 m2);
2. Where a Group S fire area is located more than three stories above grade
plane.
Section 907:
907.2 Where required —new buildings and structures. An approved manual
and automatic fire alarm system shall be provided in all Group A, B, F, M and
S occupancies having 4,000 square feet or greater of total floor area. An
approved manual, automatic, or manual and automatic fire alarm system
shall be provided in new buildings and structures in accordance with Sections
907.2.1 through 907.2.23. Where automatic sprinkler protection installed in
accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to
the building fire alarm system, automatic heat detection required by this
section shall not be required.
An approved automatic fire detection system shall be installed in accordance
with the provisions of this code and NFPA 72. Devices, combinations of
devices, appliances and equipment shall comply with Section 907.1.2. The
automatic fire detectors shall be smoke detectors. Where ambient conditions
prohibit installation of automatic smoke detection, other automatic fire
detection shall be allowed.
EXCEPTION: The fire code official may reduce requirements for the fire
alarm system for buildings protected by an approved automatic sprinkler
system.
Appendix B:
B104.2 Area separation. Portions of buildings which are separated by one or
more four-hour area separation walls, constructed in accordance with the
Building Code, without openings and provided with a 3o-inch (762 mm)
parapet, are allowed to be considered as separate fire areas.
Appendix D:
D103.2 Grade. New fire apparatus access roads shall not exceed 12 percent in
grade.
Exception: Grades steeper than 10 percent as approved by the fire chief.
Gradient of the fire apparatus access road may be increased up to 15% if all
buildings are protected by an approved automatic fire sprinkler system.
Gradients if fire apparatus access roads in excess of 15% will require approval
Ordinance No. 014-10
Page 9 of 9
of the fire chief.
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
1. The minimum gate width shall be 12 feet (3658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation
by one person.
4. Gate components shall be maintained in an operative condition at all
times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices shall be approved by the fire code official.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible
entry tools or when a key box containing the key(s) to the lock is
installed at the gate location.
7. Locking device specifications shall be submitted for approval by the
fire code official.
SECTION 8. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of July 2010.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Robert Putaansuu, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item No.
Subject: Adoption of Ordinance No. 015-10,
Amending Port Orchard Municipal
Code Chapter 15.38 Flood Damage
Prevention
Meeting Date:
Prepared by:
Atty Routing No:
Atty Review Date:
July 13, 2010
James R. Weaver
Development Director
NA
Summary: The City of Port Orchard has adopted regulations in POMC Chapter 15.38 regarding
flood damage prevention in order to minimize public and private losses due to flood conditions.
It is necessary to update and amend Chapter 15.38 in order to remain fully compliant with state
and federal law, and to ensure the City's residents qualify for the National Flood Insurance
Program. Most of the changes required are primarily to establish the city building official as the
Flood Damage Prevention Administrator, as can be seen by reviewing the attached red -lined
revisions.
Recommendation: Adoption of Ordinance No. 015-10, to amend Port Orchard Municipal Code
Chapter 15.38 "Flood Damage Prevention".
Motion for consideration: I move to adopt Ordinance No. 015-10 amending Port Orchard
Municipal Code Chapter 15.38 "Flood Damage Prevention".
Fiscal Impact: None.
Attachments: Ordinance No. 015-10
Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: July 13, 2010
Adopted:
ORDINANCE NO. 015-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 15.38 REGARDING
"FLOOD DAMAGE PREVENTION".
WHEREAS, the City of Port Orchard has adopted regulations regarding flood
damage prevention in order to minimize public and private losses due to flood conditions,
as set forth in Port Orchard Municipal Code Chapter 15.38; and
WHEREAS, from time to time, it is necessary to update and amend Chapter 15.38
in order to remain fully compliant with state and federal law and to ensure the City's
residents qualify for the National Flood Insurance Program; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. Port Orchard Municipal Code Chapter 15.38 is RE-ESTABLISHED as
follows:
Chapter 15.38
FLOOD DAMAGE PREVENTION
Sections:
Article I. General Provisions
15.38.olo Statutory authorization.
15.38.02o Findings of fact.
15.38.030 Statement of purpose.
15.38.040 Methods of reducing flood losses.
15.38.o5o Lands to which this chapter applies.
15.38.o6o Basis for establishing the areas of special flood hazard.
15.38.070 Penalties for noncompliance.
15.38.o8o Abrogation and greater restrictions.
15.38.ogo Interpretation.
15.38.100 Warning and disclaimer of liability.
Article IL Definitions
15.38.110 Definitions.
Ordinance No.015-10
Page 2 of 16
Article III. Administration
15.38.120
Development permit required.
15.38.130
Application for development permit.
15.38.140
Designation of the city building official.
15.38.150
Duties and responsibilities of the city building official.
15.38.16o
Permit review.
15.38.170 Use of other base flood data.
15.38.i8o Information to be obtained and maintained.
15.38.190 Alteration of watercourses.
15.38.200 Interpretation of FIRM boundaries.
Article IV. Variances
15.38.210
Appeal board.
15.38.220
Conditions for variances.
Article V. Provisions for Flood Hazard Reduction
15•38.23o
General standards.
15.38.24o
Anchoring.
15.38.250
Construction materials and methods.
15.38.26o
Utilities.
15.38.270
Subdivision proposals.
15.38.28o
Review of building permits.
15.38.290
Specific standards.
15.38.30o
Residential construction.
15.38.310
Nonresidential construction.
15•38.320
Critical facility.
15.38.330
Manufactured homes.
15.38.335
Recreational vehicles.
15.38.34o
Floodways.
15.38.350
Wetlands management.
Article I. General Provisions
15.38.010 Statutory authorization.
The Legislature of the State of Washington has in RCW Title 35 delegated the responsibility
to local governmental units to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry. Therefore, the city council of the city does ordain
as follows in this chapter.
15.38.02o Findings of fact.
(1) The flood hazard areas of the city are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and
Ordinance No.015-10
Page � of 16
governmental services, extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety and
general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise
protected from flood damage also contribute to the flood loss.
15.38.030 Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in areas of special flood
hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard; and
(8) To ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
15.38.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety and property due
to water or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
Ordinance No.015-10
Page 4 of 16
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural
protective barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging and other development which may increase flood
damage; and
(5) Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or may increase flood hazards in other areas.
15.38.05o Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the
city.
15.38.06o Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for the City of Port
Orchard," dated May 1979, and any revisions thereto, with accompanying Flood Insurance
Maps, is adopted by reference and declared to be a part of this chapter. The Flood Insurance
Study is on file at the city clerk's office: 216 Prospect Street, Port Orchard, WA 98366.
15.38.0 70 Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted or altered
without full compliance with the terms of this chapter and other applicable regulations.
Violation of the provisions of this chapter by failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with
conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof be fined not more than
$500.00 or imprisoned for not more than 18o days, or both, for each violation, and in
addition shall pay all costs and expenses involved in the case. Nothing herein contained
shall prevent the city from taking such other lawful action as is necessary to prevent or
remedy any violation.
15.38.08o Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or repair any existing easements, covenants
or deed restrictions. However, where this chapter and another ordinance, easement,
covenant or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
15.38.ogo Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
Ordinance No.015-10
Pace -q of 16
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
15.38.ioo Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by manmade or
natural causes. This chapter does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of the city, any officer or employee thereof,
or the Federal Insurance Administration, for any flood damages that result from reliance on
this chapter or any administrative decision lawfully made hereunder.
Article II. Definitions
15.38.iio Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted
so as to give them the meanings they have in common usage and to give this chapter its
most reasonable application.
(t) "Appeal" means a request for a review of the city building official's interpretation of any
provision of this chapter or a request for a variance.
(2) "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity
flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
(3) "Area of special flood hazard" means the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. Designation on
maps always includes the letters A or V.
(4) "Critical facility' means a facility for which even a slight chance of flooding might be too
great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals,
police, fire and emergency response installations, installations which produce, use or store
hazardous materials or hazardous waste.
(5) "Base flood" means the flood having a one percent chance of being equated or exceeded
in any given year. Also referred to as the " wo-year flood." Designation on maps always
includes the letters A or V.
Ordinance No.015-10
Page 6 of 16
(6) "Development" means any manmade change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations located within the area of special flood hazard.
(7) "Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
(8) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
(9) "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the
water surface elevation of the base flood.
(io) "Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
(tl) "Lowest floor" means the lowest floor of the lowest enclosed areas (including
basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles,
building access or storage, in an area other than a basement area, is not considered a
building's lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design requirements of this chapter
found in POMC 15.38.300(2).
(12) "Manufactured home" means a structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain management purposes
the term "manufactured home" also includes park trailers, travel trailers and other similar
vehicles placed on site for greater than 18o consecutive days. For insurance purposes the
term "manufactured home" does not include park trailers, travel trailers and other similar
vehicles.
(13) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for rent or sale.
(14) "New construction" means structures for which the start of construction commenced
on or after the effective date of the ordinance codified in this chapter.
Ordinance No.015-10
Page 7 of 16
(15) "Start of construction" includes substantial improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within 18o days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; not does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure.
(16) "Structure" means a walled and roofed building including a gas or liquid storage tank
that is principally above ground.
(17) "Substantial improvement' means any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the
structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement' is considered to
occur when the first alteration of any wall, ceiling, floor or other structural part of the
building commences, whether or not that alteration affects the external dimensions of
the structure.
The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local
health, sanitary or safety code specifications which are solely necessary to assure safe
living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places.
(18) "Variance" means a grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this chapter.
(19) "Water -dependent" means a structure for commerce or industry which cannot exist in
any other location and is dependent on the water by reason of the intrinsic nature of its
operations.
(20) "Recreational vehicle" means a vehicle:
Ordinance No.015-10
Page 8 of 16
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal
projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use
Article I11. Administration
15.38.12o Development permit required.
A development permit shall be obtained before construction or development begins within
any area of special flood hazard established in POMC 15.38.o6o. The permit shall be for all
structures including manufactured homes, as set forth in POMC 15.38.11o, definitions, and
for all development including fill and other activities, also as set forth in the definitions,
POMC 15.38.11o.
15.38.13o Application for development permit.
Application for a development permit shall be made on forms furnished by the citybuilding
official and may include but not be limited to plans in duplicate drawn to scale showing the
nature, location, dimensions and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities and the location of the foregoing.
Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures;
(2) Elevation in relation to mean sea level to which any structure has been floodproofed;
(3) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet the floodproofing criteria in POW
15.38.310; and
(4) Description of the extent to which a watercourse will be altered or relocated as a result
of proposed development.
15.38.14o Designation of the city building official.
The city building official is appointed to administer and implement this chapter by granting
or denying development permit applications in accordance with its provisions.
15.38.15o Duties and responsibilities of the city building official.
Duties of the city building official shall include, but not be limited to those in POMC
15.38.16o through 15.38.200.
15.38.i6o Permit review.
Ordinance No.015-10
Page o of 16
The city building official shall
(1) Review all development permits to determine that the permit requirements of this
chapter have been satisfied.
(2) Review all development permits to determine that all necessary permits have been
obtained from those federal, state or local governmental agencies from which prior approval
is required.
(3) Review all development permits to determine if the proposed development is located in
the floodway. If located in the floodway, assure that the provisions of POMC 15.38.34o are
met.
15.38.170 Use of other base flood data.
When base flood elevation data has not been provided in accordance with POMC 15.38.060,
basis for establishing the areas of special flood hazard, the citybuilding official shall obtain,
review and reasonably utilize any base flood elevation and floodway data available from a
federal, state or other source, in order to administer POMC 15.38.290 through 15.38.330,
specific standards, and 15.38.340, floodways.
15.38.i8o Information to be obtained and maintained.
The city building official shall:
(i) Where base flood elevation data is provided through the Flood Insurance Study or
required as in POMC 15.38.170, obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
(2) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual elevation (in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in POMC 15.38•130(3)•
(3) Maintain for public inspection all records pertaining to the provisions of this chapter.
15.38.igo Alteration of watercourses.
The city building official shall:
(i) Notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administration.
(2) Require that maintenance is provided within that altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
Ordinance No.015-10
Page 10 of 16
15.38.200 Interpretation of FIRM boundaries.
The city building official shall make interpretations where needed, as to exact location of the
boundaries of the areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions). The person contesting the
location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in Article IV of this chapter.
Article IV. Variances
15.38.2io Appeal board.
(1) The appeal board as established by the city council shall hear and decide appeals and
requests for variances from the requirements of this chapter.
(2) The appeal board shall hear and decide appeals when it is alleged there is an error in
any requirement, decision or determination made by the city building official in the
enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the appeal board, or any taxpayer, may appeal such
decision to the superior court, as provided in RCW Title 35•
(4) In passing upon such applications, the appeal board shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this chapter; and
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
0) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
Ordinance No.o15-io
Page ii of 16
(5) Upon consideration of the factors of subsection (4) of this section and the purposes of
this chapter, the appeal board may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this chapter.
(6) The city building official shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request.
15.38.220 Conditions for variances.
(i) Generally, the only condition under which a variance from the elevation standard may
be issued is for new construction and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing the items in POMC 15.38.210(4)(a)
through (4)(k) have been fully considered. As the lot size increases, the technical
justification required for issuing the variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth in this section.
(3) Variances shall not be issued within a designated floodway if any increase in flood
levels during the base flood discharge would result.
(4) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship
to the applicant;
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as identified in POMC 15.38.210(4), or conflict
with existing local laws or ordinances.
(6) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are not
personal in nature and do not pertain to the structure, its inhabitants, economic or financial
circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be quite rare.
(7) Variances maybe issued for nonresidential buildings in very limited circumstances to
allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be
determined that such action will have low damage potential, complies with all other
variance criteria except subsection (1) of this section, and otherwise complies with POW
15.38.24o and 15.38.250.
(8) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base flood
elevation and that the cost of flood insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
Ordinance No.015-10
Paize 12 of 16
Article V. Provisions for Flood Hazard Reduction
15.38.23o General standards.
In all areas of special flood hazards, the standards in POMC 15.38.240 through 15.38.280
are required.
15.38.24o Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure.
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse or
lateral movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited to, use of over -the -top or
frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in
Flood Hazard Areas" guidebook for additional techniques).
15.38.250 Construction materials and methods.
(i) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
(3) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
15.38.26o Utilities.
(1) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(2) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharge from the systems into
floodwaters; and
(3) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
15.38.270 Subdivision proposals.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage;
Ordinance No.015-10
Pace iq of 16
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood damage; and
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or five acres (whichever is less).
15.38.28o Review of building permits.
Where elevation data is not available either through the Flood Insurance Study or from
another authoritative source (POMC 15.38.170), applications for building permits shall be
reviewed to assure that proposed construction will be reasonably safe from flooding. The
test of reasonableness is a local judgment and includes use of historical data, high water
marks, photographs of past flooding, etc., where available. Failure to elevate at least two
feet above grade in these zones may result in high insurance rates.
15.38.290 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided as set
forth in POMC 15.38.o6o, basis for establishing the areas of special flood hazard, or POMC
15.38.170, use of other base flood data, the provisions in POMC 15.38.300 through
15.38.33o are required.
15.38.30o Residential construction.
(1) New construction and substantial improvements of any residential structure shall have
the lowest floor, including basement, elevated one foot or more above base flood elevation.
(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or architect or must meet or exceed
the following minimum criteria:
(a) A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than one foot above grade.
(c) Openings may be equipped with screens, louvers or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
15.38.310 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including basement, elevated one
foot or more above the level of the base flood elevation; or, together with attendant utility
and sanitary facilities, shall:
Ordinance No.015-10
Page 14 of 16
wateBe rtight might with all substantiallyroofed so that below one foot above the base flood level the structure is
impermeable e to the passage of water;
(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
(3) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or review of the structural
design, specifications and plans. Such certifications shall be provided to the official as set
forth in POMC 15.38.180(2);
(4) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in POMC 15.38.300(2);
(5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance
Premiums will be based on rates that are one foot below the floodproofed level (e.g., a
building constructed to one foot above the base flood level will be rated at the base flood
level).
15.38.320 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the base floodplain. Construction of new critical facilities shall be permissible
within the base floodplain if no feasible alternative site is available. Critical facilities
constructed within the base floodplain shall have the lowest floor elevated to three feet or
more above the level of the base flood elevation at the site. Floodproofing and sealing
measures must be taken to insure that toxic substances will not be displaced by or released
into floodwaters. Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
15.38.330 Manufactured homes.
All manufactured homes to be placed or substantially improved within zones Ai-30, AH and
AE shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
POMC 15.38.240(2).
15.38.335 Recreational vehicles.
Recreational vehicles placed on sites are required to either:
(i) Be on the site for fewer than too consecutive days;
Ordinance No.015-10
pa¢P 1r, of 16
(2) Be fully licensed and ready for highway use, on wheels or jacking system, attached to
the site only by quick -disconnect utilities and security devices, and have no permanently
attached additions; or
(3) Meet the requirements of POMC 15.38.33o and the elevation and anchoring
requirements for manufactured homes.
15.38.34o Floodways.
Located within areas of special flood hazard established in POMC 15.38.o6o are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters which carry debris, potential projectiles and erosion potential, the
provisions in this section apply.
(1) Prohibit encroachments, including fill, new construction, substantial improvements
and other development, unless certification by a registered professional engineer or
architect is provided demonstrating through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for:
(a) Repairs, reconstruction or improvements to a structure which do not increase the
ground floor areas; and
(b) Repairs, reconstruction or exceed 5o percent of the market ryprovements to a structure he cost of which does not
value of the structure either:
(i) Before the repair, reconstruction or improvement is started; or
(ii) If the structure has been damaged and is being restored, before the damage
occurred.
Work done on structures to comply with existing health, sanitary or safety codes or
to structures identified as historic places shall not be included in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of Article
v of this chapter, Provisions for Flood Hazard Reduction.
15.38.350 Wetlands management.
To the maximum extent possible avoid the short and long term adverse impacts associated
with the destruction or modification of wetlands, especially those activities which limit or
disrupt the ability of the wetlands to alleviate flooding impacts. The following process
should be implemented:
Ordinance No.015-10
Page 16 of 16
(i) Review proposals for development within base floodplains for their possible impacts on
wetlands located within the floodplain.
(2) Ensure that development activities in or around wetlands do not negatively affect
public safety, health and welfare by disrupting the wetlands' ability to reduce flood and
storm drainage.
(3) Request technical assistance from the Department of Ecology in identifying wetland
areas. Existing wetland map information from the National Wetlands Inventory (NWI) can
be used in conjunction with the community's FIRM to prepare an overlay zone indicating
critical wetland areas deserving special attention.
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 13th day of July 2010.
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Robert Putaansuu, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7G Meeting Date: July 13, 2010
Subject: Adoption of Resolution No. 025-10, Prepared by: Mark Dorsey, P.E.
Authorizing Turtle Ridge Internal Public Works Director
Access Road Variance Request from Atty Routing No: 079-09
City Council Resolution No. 1971 Atty Review Date: July 7, 2010
Summary: On February 27, 2009, the City of Port Orchard received a request to subdivide 8.8
acres into nine (9) lots from Mr. Steve Dutton on behalf of Ms. Maureen Barta. The City
reviewed the proposal for environmental impacts and a Mitigated Determination of Non -
Significance (MDNS) was issued on September 24, 2009. The Hearing Examiner held an open
record hearing on the preliminary plat request and on October 5, 2009, the Hearing Examiner
approved the preliminary plat with conditions. On November 24, 2009, the Port Orchard City
Council reviewed and approved Resolution No. 115-o9, thereby allowing a waiver from the street
standards that limits the number of single family residences served from a private road to five
(5) lots, being Resolution No. 1971.
The applicant and her representative, Mr. Steve Dutton, are again requesting a waiver from the
City's road standard as defined by City Council Resolution No. 1971. This new waiver request
proposes to eliminate the curb and gutter along the internal access road/cul-de-sac in order to
provide beneficial storm water runoff pre-treatment. The City Council alone has the authority to
waive the road standards and no other aspect of the currently approved nine (9) lot residential
plat would be reviewed and/or modified by City Council action this evening.
Recommendation: City staff recommends approval of Resolution No. 025-10, thereby allowing
for the requested waiver from the requirements of City Council Resolution No. 1971.
Motion for consideration: I move to adopt Resolution No. 025-1o, authorizing Turtle Ridge
internal access road variance request from City Council Resolution No. 1971.
Fiscal Impact: None.
Alternatives: Deny the waiver request.
Attachments: Resolution No. 025-10
Kegel Engineering Letter dated February 23, 2010 (received June 14, 2010)
Sketch
City Council Resolution No. 115-09
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: July 13, 2010
Adopted:
RESOLUTION NO. 025-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON ALLOWING FOR A WAIVER FROM
RESOLUTION 1971 AND THE STREET STANDARDS
PROPOSED FOR THE TURTLE RIDGE INTERNAL ACCESS
ROAD
WHEREAS, on October 5, 2009, the Hearing Examiner issued findings, conclusions
and decision in the Turtle Ridge Preliminary Plat and on November 24, 2009, the Port Orchard
City Council adopted Resolution No. 115-09, thereby allowing a waiver from Resolution No. 1971
for the number of lots allowed (5) to the Hearing Examiner approved (9) for the Turtle Ridge
Preliminary Plat with conditions; and
WHEREAS, On June 14, 2010, the City of Port Orchard received a waiver request from
the City's road standards from Fred Kegel Engineering, requesting the elimination of curbs and
gutters along the internal access/cul-de-sac road in order to provide beneficial storm water
quality pre-treatment; and
WHEREAS, in considering request for waiver regarding road standards for the
proposed plat, the City Council will only review those proposed waivers, no other aspect of the
proposed plat would be reviewed or modified by the City Council; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Port Orchard City Council waives the curb and gutter
requirements of Resolution 1971 for the internal access/cul-de-sac
road within the Turtle Ridge Subdivision in order to provide
beneficial storm water runoff pre-treatment.
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 13th day of July 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, CMC, City Clerk
Kegel Engineering CIVIL ENGINEERING • LAND SURVEYING • CONSULTING
(360)876-0500
835 KEGEL LANE S.E. • PORT ORCHARD, WA 98367
February 23, 2010 ° e,EF C 1 0 Mark Dorsey P.E. 1!
City Engineer JLIN
City of Port Orchard Qf7y' 4 10/0
216 Prospect
Port Orchard, S WA 98366 PtiCtreet Or 7-0j s ARp
Re: Plat of Turtle Ridge - Variance request to delete portion of Curb & Gutter
Dear Mr. Dorsey,
Per our discussion, submitted herewith is a sketch of the revised proposed
roadway section for the Turtle Ridge access road. As shown, the cul-de-sac will still
have an integral curb & sidewalk section, as the cul-de-sac slopes to the center so that
gutter is not needed.
However, in order to provide water quality pre-treatment in the proposed storm
water control design, it is desirable to eliminate the curb & gutter so that "sheet flow" can
be maintained from the pavement to the grass. Therefore, we hereby request that a
variance from the City Standards be obtained for the Turtle Ridge road between Stations
0+00 & 1+30 vicinity, and eliminate the curb & gutter section per the attached sketch.
Further water quality treatment will be by sand filtration.
Please give me a call if we need to discuss this item further before the City
Council is formally advised.
Sin rely,
Frederick A. Kegel, P.E., P.L.S.
FAK:tra
File: 09-1202
cc: Barta, Dutton
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. i15-og
Planning Director
Planning Director
Planning Director
November 24, 2009
November 24, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ALLOWING A WAIVER FROM THE STREET STANDARDS LIMITING
THE NUMBER RESIDENCES SERVED FROM A PRIVATE ROAD TO
FIVE LOTS AS REQUIRED IN CfPY COUNCIL RESOLUTION NO. 1971
FOR THE NINE -LOT TURTLE RIDGE SUBDIVISION, FILE NO. SUBD
09-01
WHEREAS, the City Council has adopted private road standards in Resolution
No. 1971 in which private roads are limited to serving 5-dwelling units and can only be
uses in short plats unless an exemption is specifically granted by the City Council; and
WHEREAS, Caseco Lane is a private road constructed by Mr. Dan Case and it
serves short plats S-1054, S-1o69, S-io69, S-1o99
WHEREAS, Steve Dutton on behalf of property owner Maureen Barta,
submitted an application for a nine lot Subdivision on 8.8 acres entitle Turtle Ridge
Preliminary Plat; and
WHEREAS, on September 24, 20o9, a public hearing was held N+ith the
Hearing Examiner with proper notification according to city of Port Orchard
requirements, and
WHEREAS, on October 5, 2009, the Hearing Examiner issued findings,
conclusions and decision in the Turtle Ridge Preliminary Plat, and
WHEREAS, the Hearing Examiner approved the Turtle Ridge Preliminary Plat
Mth conditions, and
WHEREAS, approval condition no. 43 states "This plat is approved upon a
waiver of the road standards otherwise applicable to plats as defined in Ordinance 1971.
The City Council alone has the authority to waive the road standards and must waive
those road standards identified in Conditions NOS 31, 34, 35 and 36 pursuant to
Resolution No. 1971 in order for this plat to proceed. In considering request for waiver
regarding road standards for the proposed plat, the City Council will only review those
proposed waivers. No other aspect of the proposed plat would be reviewed or modified
by the City Council unless there is an appeal of the decision of the Hearing Examiner as
provided in POMC 2.76.140."
Resolution No. 115-09
PZ19C 2 of 2
WHERI3AS, the property owners representative, Mr. Steve Dutton has met
with, and gained Caseco Lane neighborhood support for proposed improvements to
Caseco lane as evidenced by a petition in favor of the subdivision and improvements;
now, therefore;
THE CITY COUNCIL, OF THE CITY OF PORT ORCLIARI),
4hASIIING'rON, IIEREBY RESOLVES AS FOLLOWS:
THAT:
t. The five -dwelling unit limit for private roads was adopted during
successive short plat process and is applicable to Caseco Lane.
2. The applicant will make adequate improvement to Caseco Lane as
shown on the attached neighborhood petition and draft road
improvement plan.
g. Improvements will be made prior to final Plat approval through City
Council Ordinance.
4. The City Council waives the requirements of Resolution 1971 for
Caseco Lane.
5. This waiver only applies to the nine -lot Turtle Ridge Subdivision.
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 24th day of November 2009.
A rr sSt
Kik:parii lc, CMC, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (360) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Approval of Contract No. o50-10
Authorizing the Mayor to Execute an
_Agreement with Gross, LaCross, and
Murphy, PLLC for Public Defender
Services
Meeting Date: July 13, 2010
Prepared by: Patti Kirkpatrick, CMC
Citv Clerk
Atty Routing No: o65-10
Atty Review Date: July 14, 2010
Summary: The current Public Defender, Todd Buskirk has terminated his contract with the City of
Port Orchard for Public Defender services effective July 24, 2010. Staff prepared a Request for
Proposal for public defender services and received three responses:
Ronald D. Ness and Associates
Cross, LaCross & Murphy, PLLC
Jeff Whalley, Attorney at Law (Did not meet minimum bid requirements)
An interview committee comprised of the Assistant City Attorney Jennifer Forbes, City Clerk
Kirkpatrick, and Tim Kelly, Attorney at Law, conducted interviews with two of the three applicants
on Tuesday, July 6, 2oio. The interview committee did not interview Mr. Whalley as he did not
meet the minimum bid requirements. The interview committee determined that Cross, LaCross,
and Murphy, PLLC is the best candidate for the City and has negotiated a proposed monthly
amount not to exceed $7,000 for all services related to City Public Defender Services.
Recommendation: Approve the Public Defender Contract No. 050-10, Cross, LaCross, and Murphy,
PLLC for a 24-month period effective July 25, 2o10 and expiring July 24, 2012, with compensation
in an amount not to exceed $7,000 per month.
Motion for consideration: I move to approve Contract No. 050-1o, authorizing the Mayor to
execute an agreement with Cross, LaCross, and Murphy, PLLC for a 24-month period, effective
July 25, 2010 and expiring July 24, 2012, in an amount not to exceed $7,000 per month.
Fiscal Impact: $84,000 was allocated for this service for 2010 budget. With the new contract,
there is an increase to the 2o10 budget of $6,400.
Alternatives: Reject all bids and resubmit bid proposal for a new public defender contract.
Attachments: Contract No. 050-10
Professional Services Agreement
Submitted Bid Documents
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
City of Port Orchard Contract No. 050-10
THIS Agreement is made effective as of the 13th day of July 2010, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
and
Cross, LaCross & Murphy, PLLC ("PUBLIC DEFENDER")
559 Bay Street
Port Orchard, WA98366
Contact: John Cross Phone: 360-895-1555 Fax: 360-895-1554
Tax Id No.:
for professional services in connection with the following Project:
Provision of professional legal services to serve as designated Public Defender for the
City of Port Orchard, serving the Port Orchard Municipal Court.
TERMS AND CONDITIONS
1. Services by Public Defender
A. The Public Defender shall perform the services described in the Scope of Work
attached to this Agreement as Exhibit "A." The services performed by the Public
Defender shall not exceed the Scope of Walk without prior written authorization from
the City.
B. The City may from time to time require changes or modifications in the Scope of
Work. Such changes, including any decrease or increase in the amount of
compensation, shall be agreed to by the parties and incorporated in written
amendments to the Agreement.
C. Public Defender shall, at such times and in such form as the City may require, furnish
to City such reasonable periodic reports and documents as City may request related to
any matter covered by the Agreement between the City and Attorney.
D. Within thirty (30) days of receiving notice of award and on an annual basis thereafter,
Public Defender shall submit an affidavit to the City Clerk attesting that the Public
IofII
PSA — Public Defender Services
Defender and any other attorneys who perform services for the City meet the
minimum qualifications as stated in Exhibit A.
2. Schedule of Work/Term
A. Public Defender services shall commence on July 12, 2010.
B. The term of this Agreement shall be for 2 years; PROVIDED HOWEVER, that
absent an agreement being entered by the City with another lawyer or law firm, the
Public Defendant shall remain as the attorney of record on all cases to which the
Public Defendant has been appointed until the court's jurisdiction is terminated by the
Court, unless withdrawal is permitted by the Court as may be required by the Rules of
Professional Conduct. Such representation shall continue beyond the term of this
agreement and all provisions of this agreement shall continue to apply to services
performed.
C. The Agreement will be automatically renewed for two-year periods without action
being taken by either party.
3. Compensation
Compensation for these services shall be at a flat rate of $7,000 per month and shall not exceed
this sum without written authorization as further detailed in the attached Exhibit `B." Although
payment is made at a flat monthly rate, it is understood by all parties that compensation shall be
for all services rendered and all appointments made by the court in each calendar month. Upon
acceptance of payment, the Public Defendant will be deemed fully compensated for
representation on cases appointed during the calendar month, and shall be obligated to complete
their duties to each client under the Scope of Work (Exhibit "A") so long as Public Defender is
attorney of record without additional compensation.
4. Payment
A. Public Defender shall maintain time and expense records and provide them to the
City monthly, along with monthly invoices in a format acceptable to the City for
work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a
proper invoice.
C. Public Defender shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment
unless a longer period is required by a third -party agreement. Copies shall be made
available on request.
D. If the services rendered do not meet the requirements of the Agreement, Public
Defender will correct or modify the work to comply with the Agreement. City may
2 of 11
PSA — Public Defender Services
withhold payment for such work until the work meets the requirements of the
Agreement.
5. Discrimination and Compliance with Laws
A. Public Defender agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of
race, creed, color, national origin, marital status, sex, age, disability, or other
circumstance prohibited by federal, state, or local law or ordinance, except for a bona
fide occupational qualification.
B. Public Defender shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this Agreement.
C. Public Defender shall obtain a City of Port Orchard business license prior to
commencing services under this agreement, or within 30 days of notice of award,
whichever occurs first.
D. Under no circumstances will Public Defender transport by vehicle, or any other mode
of transportation, any persons they represent as Public Defender under the terms of
this agreement. Should Public Defender transport any person in violation of this
provision, Public Defender assumes all risk and liability and shall defend, indemnify
and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees and costs,
arising out of or resulting from the transport of said persons. This section shall
survive the expiration of this Agreement.
E. Violation of this Paragraph 5 shall be a material breach of this Agreement and
grounds for cancellation, termination, or suspension of the Agreement by City, in
whole or in part, and may result in ineligibility for further work for City.
6. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the
Public Defender or upon public convenience, in which event all finished or
unfinished documents, reports, or other material or work of Public Defender pursuant
to this Agreement shall be submitted to City, and Public Defender shall be entitled to
just and equitable compensation for any satisfactory work completed prior to the date
of termination, not to exceed the total compensation set forth herein. Public Defender
shall not be entitled to any reallocation of cost, profit or overhead. Public Defender
shall not in any event be entitled to anticipated profit on work not performed because
of such termination. Public Defender shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. If the
Agreement is terminated for default, the Public Defender shall not be entitled to
receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s)
3ofII
PSA — Public Defender Services
shall be deducted from any money due or coming due to the Public Defender. The
Public Defender shall bear any extra expenses incurred by the City in completing the
work, including all increased costs for completing the work, and all damage
sustained, or which may be sustained by the City by reason of such default.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance
notice to Public Defender. Such notice shall indicate the anticipated period of
suspension. Any reimbursement for expenses incurred due to the suspension shall be
limited to the Public Defender's reasonable expenses, and shall be subject to
verification. The Public Defender shall resume performance of services under this
Agreement without delay when the suspension period ends.
C. Either party may terminate this Agreement with or without cause by providing one -
hundred twenty (120) days written notice to the other party.
D. If within 60 days of commencing the services contemplated in this agreement, the
City is not satisfied with the work performance of the person assigned by the Public
Defender to perform services under this agreement the City may terminate this
agreement by thirty (30) days written notice to the other party.
7. Standard of Care
Public Defender represents and warrants that it has the requisite training, skill and
experience necessary to provide the services under this agreement and is appropriately
accredited and licensed by all applicable agencies and governmental entities. Services
provided by Public Defender under this agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing in similar circumstances.
8. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of City, shall be forwarded
to City at its request and may be used by City as it sees fit. Upon termination of this
agreement pursuant to paragraph 6 above, all finished or unfinished documents, reports,
or other material or work of Public Defender pursuant to this Agreement shall be
submitted to City. City agrees that if it uses products prepared by Public Defender for
purposes other than those intended in this Agreement, it does so at its sole risk and it
agrees to hold Public Defender harmless therefore.
9. Indenrnification/Hold Harmless/Third Party Rights
Public Defender shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or resulting from the acts, errors or omissions
of the Public Defender, its agents, employees, or sub contractors in performance of this
4 of I I
PSA — Public Defender Services
Agreement, except for injuries and damages caused by the sole negligence of the City.
This indemnification and hold harmless shall apply regardless of whether the claim is
brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and
the Public Defender waives any immunity whatsoever with respect to such
indemnification.
The terms of this Agreement are made and entered into for the sole protection and benefit
of the Parties hereto. Nothing contained in this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
This section shall survive the expiration of this Agreement.
10. Insurance
The Public Defender shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Public
Defender, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Public Defender shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 or a substitute form providing equivalent liability coverage
and shall cover liability arising from premises, operations, independent
contractors and personal injury and advertising injury. The City shall be
named as an insured under the Public Defender's Commercial General
Liability insurance policy with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws
ofthe State of Washington.
4. Professional Liability insurance appropriate to the Public Defender's
profession.
B. Minimum Amounts of Insurance
Public Defender shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
5 of 11
PSA — Public Defender Services
2. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial General
Liability insurance:
1. The Public Defender's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Public Defender's insurance and
shall not contribute with it.
2. The Public Defender's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A: V II.
E. Verification of Coverage
Public Defender shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Public Defender before
commencement of the work.
11. Assigning or Subcontracting
Public Defender shall not assign, transfer, subcontract or encumber any rights, duties, or
interests accruing from this Agreement without the express prior written consent of the
City, which consent may be withheld in the sole discretion of the City.
12. Independent Contractor
Public Defender is and shall be at all times during the term of this Agreement an
independent contractor.
13. Notice
Any notices required to be given by the City to Public Defender or by Public Defender to
the City shall be in writing and delivered to the parties at the following addresses:
Lary Coppola Cross, LaCross & Murphy PLLC
Mayor Attn: John Cross
6 of 11
PSA — Public Defender Services
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
14. Disputes
559 Bay Street
Port Orchard, WA 98366
Phone:360-895-1555
Fax:360-895-1554
Attempts to resolve disputes between the City and the Public Defender will first be
through mediation. Any action for claims arising out of or relating to this Agreement
shall be governed by the laws of the State of Washington. Venue shall be in Kitsap
County Superior Court.
15. Attorneys Fees
In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and
reasonable attorney's fees from the other party.
16. Extent of Agreement/Modification
This Agreement, together with attachments or addenda, represents the entire and
integrated Agreement between the parties hereto and supersedes all prior negotiations,
representations, or agreements, either written or oral. This Agreement may be amended,
modified or added to only by written instrument properly signed by both parties.
CITY OF PORT ORCHARD, PUBLIC DEFENDER
WASHINGTON
By: By:
Lary Coppola
Mayor
Date:
Attest
By:
Patricia J. Kirkpatrick, CMC
City Clerk
Date:
7 of I 1
PSA — Public Defender Services
John L. Cross
Managing Partner
EXHIBIT — A
SCOPE OF WORK AND MINIMUM QUALIFICATIONS
Minimum Experience/Qualifications
1. Each attorney who is proposed to perform services pursuant to this RFP must be a
member in good standing with the Washington State Bar Association. No Rule 9
attorneys will be allowed to perform any services under this agreement.
2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of
criminal law experience. The Public Defender may retain the assistance of other qualified
attorneys in his or her firm. At all times, the designated Public Defender will properly
supervise attorneys having less than 3 years of experience to ensure that defendants
charged in the Port Orchard Municipal Court receive competent legal representation.
3. The Public Defender and any attorneys working under the supervision of the Public
Defender shall:
A. Be familiar with the statutes, court rules, constitutional provisions, and case law
relevant to criminal law;
B. Be familiar with the collateral consequences of a conviction, including possible
immigration consequences and the possibility of civil commitment proceedings
based on a criminal conviction;
C. Be familiar with mental health issues and be able to identify the need to obtain
expert services; and
D. Complete a minimum of seven (7) hours of continuing legal education within
each calendar year in courses relating to their public defense practice.
Scope of Service
The attorney or firm awarded the contract shall be designated Public Defender for the City's
Municipal Court, and shall be duly appointed to represent all defendants who are appointed legal
counsel by the Port Orchard Municipal Court.
The Public Defender shall be Mr. John L. Cross. Mr. Cross will designate Ms. Kylie Purees
(WSBA #34997) to be the primary attorney assigned to perform these services. Should Ms.
Purves be unavailable, the firm shall cover the calendar in the following order: should Ms.
Purves be unavailable, Mr. Cross shall appear. Should Mr. Cross be unavailable, Mr. Murphy
shall appear. Should Mr. Murphy be unavailable, Mr. LaCross shall appear. Should the firm
hire additional legal counsel, said counsel shall not be authorized to appear on behalf of the
Public Defender absent prior written consent of the City.
Representation as the City's Public Defender shall include but not be limited to:
1. Attending all scheduled court appearances. In the event of vacation or illness Public
Defender is responsible for arranging coverage by another qualified attorney.
8ofII
PSA — Public Defender Services
2. Acting as stand-by counsel available to all defendants at arraignments and in -custody
bail hearings;
3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post -
disposition proceedings; and
4. Representation of criminal defendants on appeals to Superior Court when appropriate.
5. The Public Defender shall consult with defendants prior to pretrial hearings.
Appointment as the City's Public Defender will require meetings with defendants at the
Public Defender's office or at the Kitsap County Jail. Failure to consult with
defendants prior to pretrial shall only be excused for good cause. Examples of "good
cause" include: scheduled vacation, illness, extended trials, or when the defendant fails
to cooperate with the Public Defender in scheduling a time to consult.
6. Pursuant to CrRLJ 3.1(c)(1)-(2), Public Defender services shall also include providing
legal representation to persons wishing to consult with an attorney while in the custody
of the Port Orchard Police Department. The City's Public Defender shall ensure that
an attorney is available at all times (24 hours a day) to provide legal representation,
including evenings, holidays, and weekends. The City's Public Defender shall provide
the Port Orchard Police Department with a monthly schedule of attorneys available to
receive calls during non -business hours. This schedule shall include the name of the
attorney and a designated telephone or cellular phone number. Only attorneys who
meet the experience requirements set forth above, and are either a member of the
Public Defender's firm or have received prior written approval by the City may be
included in the above -described schedule.
7. When a defendant exercises his or her right to trial, the City's Public Defender shall
diligently prepare for trial and ensure that the defendant receives adequate
representation. Preparation for trial shall include but not be limited to: interviewing
witnesses identified by the City Prosecutor, interviewing witnesses identified by the
defendant, review of police reports and evidence, research legal issues, preparing a
witness list on behalf of the defendant, and consultation with the defendant.
S. Absent an agreement being entered by the City with another lawyer or law firm, the
Public Defendant shall remain as the attorney of record on all cases to which the Public
Defendant has been appointed until the court's jurisdiction is terminated by the Court,
unless withdrawal is permitted by the Court as may be required by the Rules of
Professional Conduct.
9. If a defendant represented by the City's Public Defender elects to appeal a conviction
to Superior Court, the Public Defender is responsible for timely filing a Notice of
Appeal to Superior Court.
10. Services do not extend to forfeiture hearings or hearings with the Department of
Licensing.
9 of 1 I
PSA — Public Defender Services
11. The City and/or Port Orchard Municipal Court will provide a space for the Public
Defender's assigned attorney to consult with clients
12. The Public Defender will cooperate with the City in any efforts to seek grant funding;
and will agree that the scope of services may be renegotiated if necessary to fulfill
conditions of grant funding.
10ofII
PSA — Public Defender Services
Exhibit B — Compensation
1. Compensation shall be paid to Public Defender at a flat rate of $7,000 per month for
all services performed by Public Defender as set forth in Exhibit B. This rate will be
prorated for the month of July 2010 for a total payment of $4,516.20.
2. The Public Defender agrees to take over the case -load of the prior public defender,
Buskirk Law, PLLC, who will be seeking to withdraw from all pending cases, for a
lump sum payment of $5,000. This payment will be in addition to the flat rate for
cases appointed on or after July 9, 2010, as discussed in paragraph 1 above. Public
Defender understands and agrees that the firm will receive payment of $9,516.20;
which shall be deemed full and complete compensation for all cases appointed during
the month of July and all cases transferred from Buskirk Law, PLLC.
3. If the Court denies Buskirk Law, PLLC's request to withdraw on pending cases, the
City has agreed to compensate Buskirk Law PLLC at as rate of $200 per case up to an
amount not to exceed $2,000; Public Defender agrees to corresponding reduction in
their compensation under paragraph 2 above.
4. The City will reimburse the Public Defender for the following costs when prior written
approval has been given by the Port Orchard Municipal Court Judge for the
expenditure of public funds: costs for hiring an investigator, filing fees for Appeals,
and costs for verbatim transcripts. All administrative costs, including but not limited
to: copies, travel time, mileage, facsimiles, legal research, equipment, etc. shall be
born by the Public Defender. Any costs not otherwise detailed in this agreement shall
be considered administrative costs unless the parties otherwise agree in writing.
5. In the event that the Port Orchard Municipal Court adds additional calendars (i.e.
pretrial hearings, in -custody arraignments, probation violations, video arraignments,
compliance hearings, status hearings) such that it results in an overall 25% increase
above the current average of 20 hours per week that the Public Defender spends in
court for aforementioned calendars then either party can, in good faith, request that
this contract be renegotiated.
6. Annual compensation shall automatically be adjusted based upon the Consumer Price
Index -All Urban Consumers Seattle -Tacoma -Bremerton Area as published by the
United States Department of Labor's Bureau of Labor Statistics (or the successor to
such index or if no successor then in any generally accepted index showing the
inflation rate, if any, for the United States as a whole)(1982-84 equals 100) for the last
month that statistics are published prior to the effective date of the contract. However
the annual adjustment shall not exceed 5% or be less than 2% unless otherwise
specifically negotiated between the parties.
II of II
PSA — Public Defender Services
Cross, LaCross & Murphy, PLLC
Attorneys at Law
559 Bay Street
Port Orchard, Washington 98366
(360) 895-1555 telephone
(360) 895-1554 fax
PROPOSAL FOR PUBLIC DEFENDER SERVICES
FOR THE CITY OF PORT ORCHARD
Port Orchard City Clerk
216 Prospect Street
Port Orchard, WA 98366
The Law Offices of Cross, LaCross & Murphy, PLLC hereby proposes to provide public defense
services for cases in the Port Orchard Municipal Court,
1. THE FIRM
Cross, LaCross & Murphy, PLLC, (herein after "the firm") is a three partner law firm located at
559 Bay Street, Port Orchard, WA. We are approximately one block away from Port Orchard
City Hall. Nearly all of our work is in criminal defense and defense of mental health
commitment cases. Most of the criminal work, and all of the civil commitment work, is
representation of indigent persons. We presently have public defense contracts with both the
Kitsap County District Court and the Kitsap County Superior Court. Our attorneys have been
sought out for appointment to civil commitment cases in Kitsap, Pierce, Jefferson, Clallam and
Mason counties. Our attorneys have appeared on cases at all levels of the court system from
limited jurisdiction courts to the Washington Supreme Court as well as appearances in the federal
courts.
The firm has never had a judgment rendered against it in any matter relating to professional
activities. There is no litigation pending against the firm or any of the attorneys. There are no
pending or founded complaints to the Washington State Bar Association.
The firm maintains professional liability insurance with limits as required by the City's
Professional Service Agreement.
The firm maintains a conflict check system as required by our insurance carrier. Staff does
conflict checks by hard copy calendars and by computer. Individual attorneys give attention to
conflicts with witnesses. Found conflicts will be brought to the attention of the prosecution and
the Court as soon as practicable after they are discovered.
The firm will likely hire an experienced associate, who would work under the supervision of the
public defender, to handle the court calendar work should this proposal be accepted. The
Partners, therefore, would not be interested in accepting conflict cases.
2. THE ATTORNEYS
The attorneys in our firm are: John Cross, WSBA#20142, Jacob Murphy, WSBA#29818, and
David LaCross, WSBA#31417. As the managing partner, Mr. Cross would be the designated
public defender. Combined, these attorneys have nearly forty (40) years of criminal defense
experience. Each attorney has been counsel on thousands of appointed misdemeanor and felony
cases. Each attorney has represented appointed clients on serious Class A felonies, including
homicides. The designated public defender, Mr. Cross, has been counsel of record in capital
murder cases. Mr. Cross also has extensive appellate experience having argued appeals in the
Superior Court, the Washington Court of Appeals, the Washington Supreme Court and the
United States Court of Appeals.
In the course of the many years of experience in this field, the attorneys have became familiar
with all aspects of criminal litigation. The attorneys effectively litigate their cases with reference
to the constitutions of the United States and the State of Washington, current statutory law and
case law analyzing and applying the same. We seek out continuing legal education credits on
criminal defense issues. The attorneys are well aware of and experienced in advising clients as to
the collateral consequences of conviction. The attorneys are well aware of mental health issues
that arise in criminal cases and have experience in the criminal procedure rules for dealing with
issues of mental illness. In particular, Mr. Cross and Mr. LaCross are regularly engaged in civil
commitment litigation wherein the psychiatric issues are the paramount concern of the litigation.
In both settings, criminal or civil commitment, we spend a great deal of time dealing with mental
health experts of all types. Moreover, each of the attorneys has worked closely with a variety of
forensic experts in areas like fingerprint analysis, blood evidence, false confession, accident
reconstruction to name but a few. Mr. Murphy is also the primary defense attorney in the Kitsap
County Drug Court and has much experience in representing indigent clients with drug and
alcohol addictions.
As indicated above, the firm may well hire an associate attorney to be primarily responsible for
the calendar work in the Municipal Court. It is likely that the person hired will have more than
the three years minimum experience in criminal defense. In any case, the partners in this firm
work together and the associate will have input and supervision from all three.
3.REFERENCES
The following people can speak to the reputation and qualifications of the firm:
Honorable Jeanette Dalton, Judge
Kitsap County Superior Court
Honorable Jeffery J. Jahns, Judge
Kitsap County District Court
Steve Dixon, Esq.
Law Offices of Steve Dixon, PLLC
360-876-6800
Kevin "Andy" Anderson, Esq.
Senior Deputy Prosecutor
Kitsap County Prosecutor's Office
360-337-4677
Ronald D. Ness, Esq.
Law Offices of Ronald D. Ness and Associates
360-895-2042
4. FEES AND COSTS
The firm seeks a monthly flat -fee retainer of $8000 for all services in the Municipal Court.
Representation in Superior Court on appeal will require an additional $1000 per case (50% of the
current Washington Office of Public Defense appellate fee).
The firm would expect the court to incur reasonable fees for investigative services (negotiable).
The firm would expect the court to incur reasonable fees for expert witnesses necessary for
effective defense.
CONCLUSION
Our firm is committed to providing quality representation to indigent person accused of crimes.
We bring vast litigation experience and efficient practice to this proposal. We also believe that
we bring good natured professionalism with us. We believe that due respect should be given to
clients, attorneys, court staff and all other persons involved in the court system on an equal basis.
I have reviewed all documents presented as part of the City's REP for Public Defense Services,
which include the advertisement for the RFP, the RFP, and the Draft Sample Professional
ervice Agreement. The undersigned proposes to perform all work in compliance with these
ocum ts, as well a compliance with all submitted proposal information.
7 L. Cross
Managing Partner
Cross, LaCross & Murphy, PLLC
PROPOSAL -PUBLIC DEFENDER SERVICES
Law Offices of Ronald D. Ness and Associates makes the
following proposal for public defense services for the City
of Port Orchard.
1.The Office of Ronald D. Ness and Associates consists
of four attorneys, two secretaries, part-time office
assistant and book keeper.
A. Ronald D. Ness, Bar #5299, graduated from law school
in 1973, became a member of the Washington State Bar
Association in 1973. Area of practice has been
almost exclusively criminal defense. Currently
focused on major crime defense and criminal defense
in Federal Court.
B. Robert L. Naon, Bar # 10262, became a member of the
Washington State Bar Association in 1974. He is a
retired prosecutor, came to work in the Ness firm in
March of 2007.
C.Tricia D. Hahn, Bar # 36668, became a member of the
Washington State Bar Association in November 2005.
She came to work in the Ness firm in October 2006.
D. Jennifer Y. Koo, Bar #42016, became a member of the
Washington State Bar Association in October of 2009.
She came to work in the Ness firm in January 2009.
All of the Associates in Ness Firm focus primarily in
criminal defense. The Ness firm has provided appointed
attorney services to Kitsap County for over twenty
years. Ronald D. Ness was a public defender for the
City of Bremerton back in the early 80's.
2.The attorneys who will act as designated public
defenders are Robert L. Naon and Jennifer Y. Koo. If
the Ness firm is awarded the contract, an additional
attorney would be hired and supervised by Ronald D.
Ness and Robert L. Naon in relation to providing
public defender services to the City of Port Orchard.
3. References:
a. Maurice Baker, Kitsap County District Court
Administrator.
b. Honorable Jeffery Jahns, District Court Judge.
c. Honorable James Riehl, District Court Judge.
4.The proposal is that a flat fee of $10,000 per month
would be charged to the City.
5.There are no litigation or judgments that have been
rendered against the Ness Law Firm, nor are any
pending. There are no complaints to the Washington
State Bar Association pending.
6.The Ness firm handles conflicts checks in two manners.
Each by individual attorney checks, in addition to
reviewing lists of all current and previous clients of
the Ness firm. Once an individual is appointed to the
Ness office, the secretarial staff reviews all of the
index cards for current and former clients to
determine whether or not a potential conflict may be
present.
7. If the City contracts with another law firm, the Ness
firm may be willing to handle cases on a conflict
basis. However, it would depend on what remuneration
is determined on a case by case basis.
I have reviewed all documents presented as part of the
City's RFP for Public Defense Services, which include the
advertisement for the RFP, the RFP, and the Draft Sample
Professional Services Agreement. The undersigned proposes
to perform all work in compliance with these documents,
as well as in compliance with all submitted proposal
information.
R1nald D. Ness
Attorney at Law