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03/23/2010 - Regular - PacketCr1 Y OF PORT ORCHARD Mayor: Lary Coppola Administrative Official Councilmembers: Fred Chang Chair: LTAC Staff: Clerk's Office Tourism Committee Public Property Committee Jerry Childs Chair: Tourism Committee Staff: Clerk's Office Finance Committee John Clauson Chair: Finance Committee Staff: City Treasurer Utilities/SAC Committee Kitsap County Health Jim Colebank Tourism Committee KRCC/PSRC/KEDA Fred Olin Chair: Public Property Committee Staff. Planning Department Utilities/SAC Committee Carolyn Powers Public Property Committee KRCC/TransPol Rob Putaansuu Chair: Utilities Committee Staff. Public Works Department Finance Committee Kitsap Housing Authority SAC Committee Department Director: Patti Kirkpatrick, CMC Administrative Services City Clerk Allan Martin City Treasurer Debbie Hunt Court Administrator James Weaver Development Director Al Townsend Police Chief Mark Dorsey, P.E. Public Works Director City Engineer Contact us: 216 Prospect Street Port Orchard, WA 98366 (36o) 876-4407 City Council Meeting Agenda March 23, 2010 7:00 p.m. Meetings are available for viewing on the City's Website i. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmemberfor reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the March 9, 2010, Council Meeting Minutes C. Setting Meeting for Work Study Session to April 20, 201o, at 7:00 p.m. at City Hall (Kirkpatrick) 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of Ordinance No. 003-1o, Repealing Resolution No. 178o; Establishing a Lodging Tax Advisory Committee Pursuant to RCW 67.28.1817; and Adding a New Chapter 2.22 "Lodging Tax Advisory Committee" to the Port Orchard Municipal Code (Kirkpatrick) B. Adoption of Ordinance No. 004-1o, Repealing Resolution No. 025- o8; and Establishing Fees and Rules for Active Club Building; and adding a new chapter 2.75 "Active Club Building" to the Port Orchard Municipal Code (Dorsey) C. Adoption of Resolution No. oi9-io, Authorizing the Purchase of a 2010 Ford Escape from Storm Drain Utility Fund (Dorsey) D. Approval of Contract No. C017-1o, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County Regarding Stormwater within McCormick Urban Village (Jacoby) 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 You may now view City Council Meetings from the City's website: www.cityofportorchard.us March 23, 2010, Meeting Agenda Page 1 of 2 E. Amending Contract No. CO27-og, Authorizing the Mayor to Execute Change Order No. 1 with Progressive Landscapes, LLC for Landscape Services (Dorsey) F. Amending Contract No. C042-og, Authorizing the Mayor to Execute Change Order No. 2 with Charon Drilling, Inc. for Well No. 11 at McCormick Woods (Dorsey) G. Meeting with Initiating Parties Regarding Notice of Intent Petition for South Sedgwick Annexation (Weaver) H. Discussion: McCormick Woods STEP System Alternatives — Analysis of Existing Sewer Force Main Capacity by BHC Consultants (Dorsey) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR lo. REPORT OF DEPARTMENT DIRECTORS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee T.B.D. Myhre's 7:30 a.m. Tourism Committee April 14, 2010 City Hall 5:30 p.m. Utilities Committee April 14, 2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) April 14, 2010 S.K.W.R.F 6:30 p.m. Public Property Committee April 13, 2010 Myhre's 7:30 a.m. Work Study Session April 20, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 You may now view City Council Meetings from the City's website: www.cityofportorchard.us March 23, 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 4C Meeting Date: March 23, 2010 Subject: Setting Meeting for a Work Study Prepared by: Patti Kirkpatrick, CMC Session to April 20, 2olo, at City Clerk 7:00 p.m. at City Hall Atty Routing No: NA Atty Review Date: NA Summary: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.o8o, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for a work study session to April 20, 2010, at 7:00 p.m. at City Hall. Motion for consideration: I move to set a work study session meeting date and time to Tuesday, April 20, 2olo, at 7:00 p.m. at City Hall. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 . FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Subject: Adoption of Ordinance No. 003-10 Repealing Resolution No. 1780; Establishing a Lodging Tax Advisory Committee Pursuant to RCW67.27. 1817; And Adding A New Chapter 2.22 "Lodging Tax Advisory Committee" to the Port Orchard Municipal Code. Meeting Date: March 23, 2010 Prepared by: Patti Kirkpatrick, CMC City Clerk Atty Routing No: Atty Review Date: Summary: The City Clerk has been working with Councilmember Chang, who is the Chair of the Lodging Tax Advisory Committee, who developed rules and procedures for the Committee. The Lodging Tax Advisory Committee was originally formed under Resolution No. 178o; and in an effort to be transparent, staff and Councilmember Chang believed that codification of the Lodging Tax Advisory Committee make them. At the March 16, 2010, Work Study Session, the Council directed that an Ordinance be brought forth to be established the Lodging Tax Advisory Committee, and the Port Orchard Municipal Code. This Ordinance does not change the original intent of the Committee, merely formalizing it and makes it acceptable to the general public. Staff and Councilmember Chang will continue to work on developing policy and procedures with the Committee with the next meeting in April. Recommendation: Staff recommends adopting Ordinance No. 003-io, repealing Resolution No. 178o; establishing a Lodging Tax Advisory Committee pursuant to RCW 67.27.1817; and adding a new chapter 2.22 "Lodging Tax Advisory Committee" to the Port Orchard Municipal Code. Motion for consideration: I move to adopt Ordinance No. 003-1o, repealing Resolution No. 178o; establishing a Lodging Tax Advisory Committee pursuant to RCW 67.27.1817; and adding a new chapter 2.22 "Lodging Tax Advisory Committee" to the Port Orchard Municipal Code. Fiscal Impact: Codifications costs are part of the City Cleric 2010 budget. Alternatives: Not codify and leave as a Resolution; however this is not a staff recommendation. Attachments: Ordinance No. 003-10 Resolution 1780 Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. 003-10 City Clerk City Clerk City Attorney AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 1780; ESTABLISHING A LODGING TAX ADVISORY COMMITTEE PURSUANT TO RCW 67.28.1817 AND ADDING A NEW CHAPTER 2.22 "LODGING TAX ADVISORY COMMITTEE" TO THE PORT ORCHARD MUNICIPAL CODE WHEREAS, RCW 67.28.1817 requires cities with a population of 5,000 or more to establish a Lodging Tax Advisory Committee (LTAC) to advise in allocating the Lodging Tax revenue; and WHEREAS, the City of Port Orchard has utilized a LTAC for many years; and WHEREAS, the City Council has determined it appropriate to formalize the duties and responsibilities of the LTAC; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Resolution No. 178o is repealed in its entirety. SECTION 2. The Port Orchard Municipal Code shall be and is hereby amended by the creation and enactment of a new Chapter 2.22 entitled, "Lodging Tax Advisory Committee," to read as follows: CHAPTER 2.22 Lodging Tax Advisory Committee Sections: 2.22.010 Lodging Tax Advisory Committee Created. 2.22.020 Membership of Lodging Tax Advisory committee. 2.22.030 Annual Review and Removal of Members. 2.22.040 Proposals to be Reviewed. 2.22.050 Duties of Lodging Tax Advisory Committee. 2.22.o6o Quorum. 2.22.070 Compensation. Ordinance No. 003-10 Page 2 of 4 SECTION % A new section 2.22.010 Lodging tax advisory committee created is added as follows: 2.22.010 Lodging tax advisory committee created. A lodging tax advisory committee is hereby established and created by the city council. The purpose of the lodging tax advisory committee (LTAC) is to perform the functions and duties as required under RCW 67.28.1817. SECTION 4. A new section 2.22.020 Membership of lodging tax advisory committee is added as follows: 2.22.020 Membership of lodging tax advisory committee. a. The lodging tax advisory committee shall consist of seven members appointed by the city council as follows: r. At least two members who are representatives of businesses required to collect tax under Chapter 67.28 RCW; 2. At least two members who are persons involved in activities authorized to be funded under Chapter 67.28 RCW; 3. At least one member of the city council who shall serve as chair of the LTAC. b. Persons who are eligible for appointment under subsection (a)(i) of this section are not eligible for appointment under subsection (a)(2) of this section and vice versa. c. The number of persons appointed as representatives of businesses required to collect tax under Chapter 67.28 RCW of this section shall be equal to the number of members appointed as person involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW and vice versa. d. The city council may consider recommendations for appointment to the LTAC from organizations representing businesses required to collect tax under Chapter 67.28 RCW, organizations involved in activities authorized to be funded by revenue received under Chapter 67.28 RCW, and local agencies involved in tourism promotion. SECTION 5. A new section 2.22.030 lodging tax advisory committee created is added as follows: 2.22.030 Annual Review and Removal of Members. As required by state law, the city council shall review the membership of the LTAC annually and make changes as appropriate both in regard to the number of appointments and the members appointed. This review shall occur by the last day of the month of August each year. The mayor shall recommend and the city council will confirm the mayor's recommendation of persons to serve on the LTAC. Members of the LTAC shall serve at the Ordinance No. 003-10 Page 3 of 4 pleasure of the city council and may be removed at any time, without cause, at their discretion. SECTION 6. A new section 2.22.040 Proposals to be reviewed is added as follows: 2.22.040 Proposals to be reviewed. At least 45 days before final action or passage, the city shall submit the following proposals to the LTAC for review and comment: a. The imposition of a tax under Chapter 67.28 RCW; b. An increase in the rate of a tax imposed under Chapter 67.28 RCW; C. A repeal of an exemption from a tax imposed under Chapter 67.28 RCW; or d. A change in the use of revenue received under Chapter 67.28 RCW. SECTION 7. A new section 2.22.05o Duties of lodging tax advisory committee is added as follows: 2.22.05o Duties of Lodging tax advisory committee. a. The LTAC shall promptly review all proposals as described in POMC 2.22.040, submitted for review and comment through generally applicable public comment procedures. These comments shall include the following analysis: (r) The extent to which the proposal will accommodate activities for tourists or increase tourism; (2) The extent to which the proposal will affect the long-term stability of the city's fund created under RCW 67.27.1815. Final legislative authority over these proposals shall remain with the elected city council. Review, comments, or any recommendations presented by the LTAC are advisory only and shall not bind the city council. b. Failure of the LTAC to submit comments before final action on or passage of the proposal by city council shall not prevent the city from acting on the proposal. C. The city may, but is not required to, submit an amended proposal to the LTAC for review. d. The city clerk shall provide staff support for this committee, which will include minutes, forwarding private requests for funding to the committee, and preparing the committee report to the council. e. The city cleric shall prepare the required reports to the state of Washington department of community, trade, and economic development. SECTION 8. A new section 2.22.o6o Quorum is added as follows: 2.22.o6o Quorum. A quorum of the LTAC shall be a majority of person currently serving as voting members of the LTAC. A quorum must be present in order for a vote to be taken on a Ordinance No. 003-10 Page 4 of 4 recommendation to go to the city council. Each voting member is entitled to one vote. All matters establishing policies, recommendations, or decisions shall be decidedby a majority vote of voting members present. SECTIONg. A new section 2.22.070 Compensation is added as follows: 2.22.070 Compensation. The members of the LTAC shall receive no compensation and are not eligible for reimbursement of expenses incidental to service on the LTAC. The LTAC may request specific support necessary to carry out its responsibilities by a request made, in advance, to the city mayor. SECTION io. 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 23rd day of March 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Cleric Z�1�IA I IJ:I.YlY�7� C�] .71� Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored By: Fred Chang, Councilmember RESOLUTION NO. 1780 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING THE LODGING TAX ADVISORY COMMITTEE. WHEREAS, The City of Port Orchard has implemented the Hotel/Motel tax to fund tourism activities; and WHEREAS, the RCW 67.28 requires the City to utilize the Lodging Tax Advisory Committee to advise in allocating the Hotel/Motel tax revenue; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE: The City of Port Orchard does create the Lodging Tax Advisory Committee and requires it to comply with the provisions of RCW 67.28 2. Prior to the last day of August of each calendar year, the Mayor of the City of Port Orchard shall recommend to the City Council the names of the eligible people to be assigned to this Committee. The City Council is the appointing authority for the members of the Committee. 3. Prior to the last day of September of each calendar year, the Committee shall meet to review the revenue projections which would be provided by the City Treasurer and develop a Preferred Allocation List for this tax revenue for the next budget year. The Preferred Allocation List shall comply with RCW 67.28 and will be submitted by the Committee to the City Council no later than 1 October of each year. 4. The City Clerk shall provide staff support for this committee, which would include taking minutes, forwarding private requests for funding to the Committee, and preparing the Committee report. The City Finance Department shall prepare the required reports to the State of Washington Department of Community, Trade, and Economic Development. 5. The City Council shall take the Preferred Allocation List under advisement when preparing the budget for the next calendar year, but is not obligated to adopt the recommendations. Resolution No. 1780 Page Two of Two 6. If the Committee does not submit the Preferred Allocation List on or before to 1 October 1997, it shall be considered that the Committee has no comments on the matter and the City Council shall act accordingly. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of July, 1997. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Parks, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Meeting Date: March 23, 2010 Subject: Adoption of Ordinance No. 004-10, Prepared by: Mark R. Dorsey, P.E. Repealing Resolution No. 025-o8, Public Works Director and Establishing Fees and Rules For Active Club Building; and adding Atty Routing No: NA a New Chapter 2.75 "Active Club Atty Review Date: NA Building" to the Port Orchard Municipal Code. Summary: The Active Club Building was donated to the City of Port Orchard in 1959 by the Port Orchard Active Club. The building was donated with the understanding that it would be used for youth activities free of charge. Currently, the building is being used by a wide variety of groups, including but not limited to youth groups, senior groups, AA, NA and others. After an extensive review of the needs of the facility, including day-to-day upkeep and the inevitable need for upgrades, repairs and daily maintenance, it was determined that user fees for the facility needed to be addressed, along with other operational issues. The Public Property Committee concurred that the fees should be increased to help offset the operations and maintenance costs to run the facility and changes to the Rules and Regulations needed to be addressed. Additional recommendations are as follows: Food Preparation: The Committee discussed complaints about the kitchen area and evaluated various alternatives from updating the kitchen to the possibility of removing the kitchen. The Committee also discussed the health issues involving food preparation, food reheating and the staff time involved to police/supervise the kitchen activity. The Committee decided that enforcement of health issue involving food preparation was a Health District issue. The Committee decided that cooking and/or food preparation should not be allowed in the Active Club, but that the re -heating of previously prepared items should be allowed. Staff was directed to update the Rules and Regulations and post appropriate signage in the Kitchen area. Animal Policy: Upon review of numerous complaints received by the Public Works Department (dog poop, bird droppings, bird feathers, odors from animals, fleas, etc.) the Committee discussed possible options to resolve the matter and decided that pets should no longer be allowed within the building and directed Staff to update the Rules and Regulations and post appropriate signage. Recommendation: Staff recommends concurrence with the Public Properties Committee recommendations. Motion for consideration: I move to adopt Ordinance No. 004-10, Repealing Resolution No. 025-o8 in its entirety and to establish a user fee increase of $4.00 per hour in 2oro and another user fee increase of $8.00 per hour in 2o11, as well as establishing closing time as follows: Monday through Thursday meetings are to end by ro:oo p.m.; Friday through Sundays meetings are to end by u:oo p.m., establishing an animal policy that states no pets are allowed, except for certified service dogs used for assistance, and establishing a food preparation policy that cooking or food preparation is not allowed in the Active Club, but re -heating of previously prepared items is allowed. Fiscal Impact: The fee increase would help offset the operations and maintenance costs to run the building. Alternatives: Not approve Ordinance No. 004-10. Attachments: Ordinance. 004-10 Resolution No. 025-08 Introduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: ORDINANCE NO. 004-10 Public Works Director Public Works Director Public Works Director City Attorney March 23, 2010 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 025-o8, AND ESTABLISHING RULES AND REGULATIONS AND RENTAL FEES FOR THE ACTIVE CLUB BUILDING; AND ADDING A NEW CHAPTER 2.75 "ACTIVE CLUB BUILDING" TO THE PORT ORCHARD MUNICIPAL CODE WHEREAS, the Port Orchard Active Club did, in approximately 1959, donate to the City of Port Orchard, the building located at 1027 Tacoma Avenue, known as, the Youth Activity Club Building, with the stipulation that the facilities be available to youth groups of the community at no charge; and WHEREAS, the City of Port Orchard owns and maintains the Port Orchard Active Club Building for use by youth, non-profit groups and private citizens; and WHEREAS, there are operating costs associated with being able to provide a community building for the public; and WHEREAS, there is a community need to provide services and meeting places for senior groups at a reduced rate; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such policies; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1. Resolution No. 025-o8, is repealed in its entirety. SECTION 2. The Port Orchard Municipal Code shall be and is hereby Ordinance No.004-10 Page 2 of 4 amended by the creation and enactment of a new Chapter 2.75 entitled, "Active Club Building" to read as follows: CHAPTER 2.75 Active Club Building Sections: 2.75.010 Active Club Building facilities use policy. SECTION 3. Anew section 2.75.010 is added to the Port Orchard Municipal Code to read as follows: 2.75.010 Active Club Building facilities use policy. (1) Rooms available for use are: (a) Room 1, which accommodates up to r0o people; (b) Room 2, which accommodates up to 50 people; and (c) Room 3, which accommodates up to 20 people. (2) The following groups shall be charged the room rental fee set forth in subsection (3) below. (a) Youth groups, including but not limited to, Boys and Girls Scouts, Campfire Girls, Cub Scouts, youth sports leagues, and 4-H; (b) Senior groups, which must consist of 51% or more of the group being 55 years of age or older; and (c) All other groups. (3) Rental fee(s) shall set as follows: (a) Youth groups — Free of charge; (b) Senior groups — 50% discount of regularly charged fees; (c) All other regularly scheduled groups - $4 per hour in 20ro and then $8 per hour in 2011 and thereafter; (d) All other one-time users - $25 for up to 4 hours; and $5o for more than 4 hours and up to 8 hours; and (e) A cleaning deposit of $75, which shall be refunded to all one-time users upon staff verification that the facility has been cleaned. If the facility is not cleaned after a one-time use, the user forfeits their deposit in its entirety. (4) A completed application must accompany all building use requests and must be submitted to the Port Orchard Public Works Office prior to the event date. Applicable fees and/or deposits must be made at time of application. (5) Cancellation of reservations must be made five (5) working days prior to scheduled date of use. Failure to do so forfeits the rental fee and/or deposit. Ordinance No.004-10 Page 3 of 4 (6) User groups who use the facility on a regular basis (i.e. daily, weekly, monthly) must reapply annually. Facility reservations will be valid from January to December. (7) The organization and/or the person in charge of the organization shall notify City staff of any changes pertaining to the current contract(s) or scheduling. A new application may be required at the time of such changes. (8) Active Club Building keys must be picked up at the Public Works Office prior to use and returned immediately after usage. Users scheduled for weekday evenings must pick up key(s) prior to 4:30 PM on the day of use. Weekend users must pick up key(s) prior to Friday at 4:30 p.m. (9) If a regular user group fails to pick up key(s) to the facility for three consecutively scheduled dates, without notifying the Public Works Office, the reservation will be canceled and the deposit will be forfeited. (io) No group or user is authorized to retain keys for the building or any individual room. Keys shall not be duplicated. There is a drop box located at the Prospect Street entrance where keys may be returned after hours. (ii) Adequate supervision and/or chaperons must be provided by the applicant. (12) No alcoholic beverages are allowed on City property (POMC 9.26.ioo). (13) No animals are allowed except for certified service dogs being used for assistance. (14) Cooking or food preparation is not allowed in the Active Club Building. Re -heating of previously prepared items is allowed. Users are required to clean all dishes, the sink, countertops, stove, and microwave areas. Failure to keep kitchen area clean may cause group privileges to be revolted and the deposit forfeited. (15) There is no smoking within 25 feet of Active Club Building entrances (POMC 9.44.070). (16) Meetings are to end, no exceptions, as follows: a. Monday through Thursday: 1o:oo p.m. b. Friday through Sunday: moo p.m. SECTION a. 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 Cleric in authentication of such passage this 23rd day of March 2010. Lary Coppola, MAYOR ATTEST: Patricia J. Kirkpatrick, CMC, City Cleric APPROVED AS TO FORM: Sponsored by: City Attorney Ordinance No.004-10 Page 4 of 4 Fred Olin, Councilman RESOLUTION NO.025-08 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING RESOLUTION NO. 038-06, DESIGNATING THE PUBLIC WORKS DEPARTMENT AND/OR DESIGNEE RESPONSIBLE FOR ESTABLISHING RULES AND REGULATIONS FOR THE USE OF THE ACTIVE CLUB BUILDING. WHEREAS, the Port Orchard Active Club did, in approximately 1959, donate to the City of Port Orchard, the building located at 1027 Tacoma Avenue, known as, the Active Club Building, with the stipulation that the facilities be available to youth groups of the community at no charge; and WHEREAS, the City of Port Orchard owns and maintains the Port Orchard Active Club Building for use by youth, non-profit groups, and private citizens; and WHEREAS, there are operating costs associated with being able to provide a community building for the public; and WHEREAS, there is a community need to provide services and meeting places for senior groups at a reduced rate; and WHEREAS, in 1981, the City of Port Orchard adopted Resolution No. 1233 allowing the use of the Active Club Building at no charge; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such resolutions; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES AS FOLLOWS: 1. Resolution No. 038-06 is hereby repealed in its entirety. 2. The fees that will be charged by the Public Works Department and/or designee for use of the Active Club Building are listed in Exhibit "A," attached hereto and incorporated by reference. 3. Rules and Regulations for use of the Active Club Building are listed in Exhibit"B," attached hereto and incorporated by reference. 4. An Application and Agreement for use of the Active Club building will be required of all user groups desiring to utilize the facility. Resolution No 025-08 Page 2 of 4 In -kind services, in lieu of the fees charged as set forth in Exhibit "A", may be performed for projects approved by budget and authorized by the City Engineer. 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 28th day of May 2008. ATTEST: �.e Y A Michelle Merlino, City Clerk Resolution No 025-08 Page 3 of 4 EXHIBIT A Active Club Building Fees Continual Use Group Room Rates Youth Groups Including but not limited to Girl & Boy Scouts, Campfire Girls, Free of Charge Cub Scouts, youth sports leagues and 4-H. Senior Groups 500/c Discount Senior Groups must consist of 51% of the group being 55 years of age or older. All other regularly scheduled groups $2.00/hour Other groups, organizations or social events scheduled on an on -going basis such as daily, weekly and monthly. Cleaning Fee N all categories One-time Use Rates Youth Groups Senior Groups All other one-time users $75.00 (non-refundable/one-tiine) Free of Charge 50% Discount $25.00/up to 4 hours $50.00/up to 8 hours Cleaning Deposit - all categories $75.00 (refundable) Resolution No 025-08 Page 4 of 4 EXHIBIT B Active Club Building Rules and Regulations A completed application must accompany all building use requests and must be submitted to the Port Orchard Public Works Department and/or designee, prior to the event date. Applicable fees and/or deposit must be made at the time of application. Cancellation of reservations must be made five working days prior to scheduled date of use. Failure to do so forfeits rental fee and/or deposit. User groups who use the facility on a regular basis (i.e. daily, weekly, monthly) must re -apply annually. Facility reservations will be valid from January through December. It shall be the responsibility of the organization and/or the person in charge of the organization to notify the City of any changes pertaining to current contact(s) or scheduling. A new application may be required at the time of such changes. If a regular user group fails to pick up keys to use the facility for three consecutively scheduled dates, without notifying the Public Works Department and/or designee, the reservation will be canceled and the deposit will be forfeited. Active Club Building keys must be picked up at the Public Works Department, 216 Prospect Street prior to use and returned immediately after usage. After hours the key may be placed into the "Drop Box" located at the Prospect Street entrance. Users scheduled for weekday evenings must pick up keys prior to 4:30 PM the day of use. Weekend users must pick up keys prior to Friday at 4:30 PM. No group or user is authorized to retain keys for the building or any individual room. Keys shall not be duplicated. Adequate supervision and/or chaperons must be provided by the applicant. No alcoholic beverages are allowed on city property. The misuse of facilities or non-conformance to rules and regulations may result in denial of future use. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Adoption of Resolution No. or9-io, Authorizing the Purchase of a 2010 Ford Escape from Storm Drain Utilitv Fund Meeting Date: March 23, 2010 Prepared by: Mark R. Dorsey, P.E. Public Works Director Atty Routing No: N/A Atty Review Date: N/A Summary: As part of the 2010 operating budget a vehicle was budgeted in the Storm Drainage Utility. After a review of the Utility's needs, it was determined that a small utility vehicle would be the best fit. Review of the State Bid List revealed that the only small utility vehicles available through this avenue were a 2010 Ford Escape XLS or a 2010 Ford Escape HEV hybrid. To allow employees access into ponds and areas where storm facilities are located, the four wheel drive (4WD) option is highly recommended. Staff looked at bids for both the hybrid 2010 Ford Escape and the Ford Escape XLS. The Ford Escape XLS with 4WD would cost the City $17,602 and the Hybrid would cost about $29,555• This does not include tax, licensing and recording fees for either vehicle. The City budgeted $26,000 in the 2010 budget for this vehicle. Staff has presented two options in the motion for consideration so Council may discuss and choose whether to purchase the hybrid (the second motion) or the XLS. Recommendation: Staff recommends adopting Resolution No. oi9-lo, authorizing the purchase of a 20ro Ford Escape XLS with the Four Wheel Drive Option including sales tax, licensing, and recording fees in an amount not to exceed $26,000 from the 2010 Storm Drain Utility Fund. Motions for consideration: I move to adopt Resolution No. or9-ro, authorizing the purchase of a 2010 Ford Escape XLS with the Four Wheel Drive Option including sales tax, licensing and recording fees in an amount not to exceed $26,000 from the 2010 Storm Drain Utility Fund. M' I move to adopt Resolution No. or9-ro, authorizing the purchase of a 2010 Ford Escape HEV with the Four Wheel Drive Option including sales tax, licensing and recording fees in an amount not to exceed $35,000 from the 2010 Storm Drain Utility Fund and a budget amendment of $9,000 from a location within the Storm Drainage Utility of the Treasurer's choosing. Fiscal Impact: Budgeted item. Alternatives: Council has the option to reject this proposal and direct Staff to collect formal bids for the hybrid or delay the purchase of the vehicle until 2011, thus allowing appropriate budget to be set aside. This is not Staff s recommendation however. Attachments: Resolution No. or9-lo Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. oi9-io OPTION A Mark R. Dorsey, P.E. Mark R. Dorsey, P.E. Andrea Archer, P.E. March 23, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FOR THE PURCHASE OF A VEHICLE FROM THE STORM DRAINAGE UTILITY WHEREAS, in 2010 Staff budgeted for a vehicle to be purchased using Storm Drainage Utility funding; and WHEREAS, the Public Works Department reviewed the Utility's needs, and determined that a small utility vehicle would be the best fit; and WHEREAS, the Public Works Department reviewed the State Bid List which revealed that the only small utility vehicles available through this avenue were a 2010 Ford Escape XLS or a 2010 Ford Escape HEV hybrid; and WHEREAS, the Public Works Department finds the bid amount to be within the funding allocated in the 2010 City of Port Orchard Storm Drainage Utility operating budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Council adopt Resolution No. oig-lo, authorizing the purchase of a 2olo Ford Escape XLS with the Four Wheel Drive Option from the State Bid List including sales tax, licensing and recording fees in an amount not to exceed $26,000 from the 2010 Storm Drainage Utility Fund. 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 23rd day of March 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Introduced by: Mark R. Dorsey, P.E. Requested by: Mark R. Dorsey, P.E. Drafted by: Andrea Archer, P.E. Introduced: March 23, 2010 Adopted: RESOLUTION NO. oi9-10 71191row. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FOR THE PURCHASE OF A VEHICLE FROM THE STORM DRAINAGE UTILITY WHEREAS, in 2010 Staff budgeted for a vehicle to be purchased using Storm Drainage Utility funding; and WHEREAS, the Public Works Department reviewed the Utility's needs, and determined that a small utility vehicle would be the best fit; and WHEREAS, the Public Works Department reviewed the State Bid List which revealed that the only small utility vehicles available through this avenue were a 2010 Ford Escape XLS or a 20io Ford Escape HEV hybrid; and WHEREAS, the Public Works Department finds the bid amount to be within the funding allocated in the 2010 City of Port Orchard Storm Drainage Utility operating budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Council authorize the purchase of a 20io Ford Escape HEV with the Four Wheel Drive Option including sales tax, licensing and recording fees in an amount not to exceed $35,000 from the 2010 Storm Drain Utility Fund and a budget amendment of $9,000 from a location within the Storm Drainage Utility of the Treasurer's choosing. 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 23rd day of March 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Current Contract Information Contract No. 04708 Price Sheets Page 1 TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A-15A PURCHASE REQUISITION TO OFFICE OF STATE PROCUREMENT BEFORE MARCH 31, 2010. ONLINE ORDERS MAY BE PLACED AT https.11fortress.wa.kov/pali*netivehreolvehmenu.htnL TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLYAS POSSIBLE. SMALL LIGHT UTILITY/CROSSOVER VEHICLE VEHICLE TYPE: SMALL LIGHT UTILITY/CROSSOVER VEHICLE TWO WHEEL DRIVE MAKE/MODEL: FORD ESCAPE XLS EQUIPMENT INCLUDED IN NET PRICE - 2.5 liter 4 cylinder gas engine (171 HP) - 4 door, 5 passenger seating (cloth reclining buckets, front; folding Split rear bench) - Full length hardtop, full headliner, carpeted Floor Covering - Automatic overdrive transmission - Air conditioning - Light Tinted glass, all around - P235/70R16 all season steel belted radial tires (1) - Compact spare tire & wheel, underbody mounted - Power Brakes, 4 Wheel Antilock System - Power Steering - AM/FM Stereo w/CD & MP3 - Four Sets of Coded Keys - Remote Keyless Entry w/Two Key Fobs w/Integrated Keys Plus Two Separate Keys CA Emission Certification LEV2/i1LEV2 Gas Mileage City 22 MPG Hwy 28 MPG Mercury Free Vehicle Lead Free Wheel Weights NHTSA CRASH TEST RATING (2009) FRONTAL (D/P) 5/5 SIDE (FIR) 5/5 ROLLOVER 3 DEALER: Columbia Ford (W403) 700 7th Ave Longview WA 98632 DELIVERY: 60-120 Days - Air Bags, driver & front passenger, side air cushions w/ rollover sensor & side airbags - Dome, Map and Cargo Lights - Electric rear window defroster - Auxiliary Power Points - Dual power side view mirrors, black - Intermittent Wipers F&R - All factory standard equipment including: Cruise Control Electronic Stability Control System Tire Pressure Monitoring System Power Door Locks, Windows & Mirrors Trip, Temp, Tachometer Gauges Tilt Steering Wheel Height Adjustable Front Seat Belts F&R Stabilizer Bar Child Safety Rear Door Locks Washer/wiper rear window 2.93:1 Final drive axle ratio as equipped 3 yr/36,000 mile warranty, Bumper to Bumper, 5yr/60,000 Mile Drivetrain DEALER CONTACT: Marie Tellinghiusen or Steve Sari PHONE: 360-4234321 EMAIL ADDRESS: mariet@.colford.com FEDERAL TAX ID NO.: 91-0650166 PAYMENT TERMS: *$200 Per Vehicle Discount for Payment within 20 days of Delivery, Net 30 NET PRICE: (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise and before 8.2 % Sales Tax Including .3% Vehicle Tax) COMMODITY CODE VEHICLE DESCRIPTION ORDER PRICE EACH PRICE EXTENSIOT OTY 2310-062-001 Small Light Utility/Crossover Vehicle (Two $16,492.00 Wheel Drive), 2010 Ford Escape XLS $ (UO2/120A) NO COST EXTERIOR COLORS: INDICATE QUANTITY OFCOLOR(S) SELECTED White Suede(WS) _, Oxford White (Y2) , Black (UA) . Sterling Grey(UJ) , Sport Blue(U1) Sangria Red. Steel Blue(UN)_, Gold Leaf(UP)_, Ingot Silver(UX)_. Complimentary standard interior color will be selected by Dealer) (1) Tire Chain compatible. COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE QTY 2310-062-010 Credit for pickup from Selling Dealer (Orders S(135.00) $ for Eastern WA, Area Code 509) (Deduct)* (DLR)* 2310-062-011 Credit for pickup from Selling Dealer (Orders $(30.00) for Western WA, Area Codes 206, 253, 360, 425) Deduct)* DLR)* 2310-062-012 Alternative Engine V6 Gas 3.OL V6 FFV $2,349.00 Flex Fuel & Keyless Entry Keypad (240 HP, 19 MPG City, 25 MPG Hwy)(Includes XLT Trim, Satelite Radio, F & R Carpeted Floor Mats, Fog Lamps, Roof Rack Side Rails, Privacy Glass, Power Driver's Seat) (U031U93) 2310-062-013 Cargo Convenience Group (Cover, Roof Rack $336.00 w/Crossbars, hidden Storage)(21R) 2310-062-014 Daytime RunninLights 942) $38.00 2310-062-015 Floor Mats F & R, Rubber Set 4) (DLR)* $62.00 2310-062-016 Heater, Engine Block (4IH) $30.00 2310-062-017 Keys, Set of 2 Instead of 4 (DLR)* (Deduct) $ 20.00 2310-062-018 Mud Flaps, Plastic (Set 4) (DLR)* $80.00 2310-062-019 Privacy Glass (Included wN6)(924) $234.00 2310-062-020 Remote Keyless Entry, Additional $56.00 Transmitter coded to Vehicle(No key) (DLR)* 2310-062-021 Sparetire, Fullsize (Uniroyal AWP) $234.00 (Mounted) (DLR)* 2310-062-022 Spotlight, 6 In, Clear Lens, Pillar Mounted $342.00 LeR(DLR)* 2310-062-023 Stock Vehicle UpCharge, Dealer Stock $250.00 Vehicle with All Contract Required Equipment, Color White, Delivery Within 7 Days When Available (DLR)* 2310-062-024 Trailer Towing Package (Includes Class H $293.00 Trailer Hitch Receiver, 4-Pin Connector) (Available Only with V6) (536) 2310-062-025 Tires, LT225/75X16D All Terrain, 10 ply $741.00 ratio (Set 5) (DLR)* 2310-062-026 Transmission, 5 Speed Manual (Not avail w/ $(1077.00) V6 or 4 Wheel Drive O2/100A)(Deduct) 2310-062-027 Undercoating (DLR)* $145.00 2310-062-028 Warranty, delayed start Apply online at $0.00 www.Ford.wsd.com (DLR)* 2310-062-029 Manufacturer To Dealer Order $0.00 Acknowledgment Document Faxed to Customer (DLR)* COMMODITY OPTIONDESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE QTY 2310-062-030 4 Wheel Drive Model, Intelligent Four Wheel $1,110.00 Drive System, (20 mpg City, 26 Hwy w/4cy1'' 18/25 wN6) (State Agencies to Review Governor's Executive Order 05-01 Prior to Ordering) 92/U93 2310-062-031 Pushbumper, Steel w/horizontal Rubber Push $278.00 Pads (Setina PB400)qnstaIIed (DLR)* 2310-062-032 Remote Keyless Entry, Additional Key $113.00 w/Integrated Key FOB (DLR)* 2310-062-033 Fire Extinguisher. 2.5# Dry chemical ABC $33.00 rated 1/mounting bracket, delivered w/vehicle, uninstalled. 2310-062-034 Flare Kit, 3 Piece Triangle w/storage box for $33.00 roadside emergency use, delivered w/vehicle, uninstalled. 2310-062-035 Service Manual, Paper $204.00 2310-062-036 Service Manual, CD $221.00 SUBTOTAL +8.2% SST TOTAL City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item'7D Meeting Date: March 23, 2010 Subject: Approval of Contract No. C017-10, Prepared by: Greg Jacoby Authorizing the Mayor to Execute an City Attorney Interlocal Agreement with Kitsap Atty Routing No: r64-09 County Regarding Stormwater Atty Review Date: March 16, 2010 Within the McCormick Urban Village Summary: In July of 2009, the City of Port Orchard annexed an area known as McCormick Woods. Since that annexation, Staffs from the County and City have been working together to resolve the issue of conveying stormwater facilities within the annexed area. The stormwater facilities in McCormick Woods consist of 465 catch basins, 10.3 miles of piping, 24 ponds and two ponds yet to be acquired until the urban growth boundaries are adjusted. This Interlocal Agreement (ILA) would provide, under RCW 36.7oB.19o, that development agreements are binding upon the parties and their successors, including a city that assumes jurisdiction through annexation of the area covered by the development agreement. The Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes the parties to enter into an agreement for cooperative action; hence the purpose of this Agreement is to facilitate an orderly transition from the County to the City of stormwater-related services and capital projects within the annexed area. Recommendation: Staff recommends the Council authorize the Mayor to sign the Interlocal Agreement between Kitsap County and the City of Port Orchard relating to stormwater N\ thin the McCormick Urban Village and McCormick/ULID No. 6 Urban Growth Area to expire on December 31, 2011. Motion for consideration: I move to authorize the Mayor to sign the Interlocal Agreement between Kitsap County and the City of Port Orchard relating to stormwater within the McCormick Urban Village and McCormick/ULID No. 6 Urban Growth Area to expire on December 31, 2011. Fiscal Impact: None. Alternatives: None. Attachments: Interlocal Agreement between Kitsap County and the City of Port Orchard INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD RELATING TO STORMWATER WITHIN THE McCORMICK URBAN VILLAGE AND McCORMICK/ULID NO. 6 URBAN GROWTH AREA Contract No. 017-10 THIS AGREEMENT is entered into by and between Kitsap County, a Washington municipal corporation ("County"), and the City of Port Orchard, a Washington municipal corporation ("City"). 1:7xy111F_1%. WHEREAS, the Washington State Growth Management Act (Chapter 36.70A RCW) and Kitsap Countywide Planning Policies encourage cities to provide urban services to designated urban growth areas through annexation; and WHEREAS, in 1998 the County designated the McCormick Woods/ULID No. 6 area as an urban growth area (UGA); and WHEREAS, in 2005 the County entered into a development agreement with the South Kitsap School District ('School District") and GEM 1, LLC as assignee of McCormick Land Company, Inc. ("GEM 1") relating to stormwater issues and the development of real property located within the McCormick Woods/ULID No. 6 UGA ("2005 Stormwater Agreement"), a copy of which is attached as Exhibit A and incorporated by this reference; and WHEREAS, pursuant to the terms of the 2005 Stormwater Agreement, GEM 1 agreed to design and construct a Regional Stormwater Facility to provide stormwater management for properties owned by GEM 1 and the School District and to subsequently convey the Regional Stormwater Facility to the County; and WHEREAS, after constructing the Regional Stormwater Facility, GEM 1 sold the land and facilities to Feigley Road Partners LLC, which continues to own the land and Regional Stormwater Facility, as depicted in Exhibit C; and WHEREAS, the majority of the Regional Stormwater Facility has been constructed within the UGA but two parcels of land with portions of the stormwater facilities are located outside of the UGA; and WHEREAS, in 2006 the County expanded the Port Orchard/South Kitsap UGA to accommodate the City's projected 20-year growth and such expansion created connectivity between this UGA and the McCormick Woods/ULID No. 6 UGA and allowed future annexations to the City; and Stormwater ILA Page 1 of 7 WHEREAS, in 2009, the property owners of a portion of the McCormick Woods/ULID No. 6 UGA commonly referred to as McCormick Woods Urban Village and McCormick North, as depicted in the illustration attached as Exhibit B and incorporated by this reference, successfully petitioned to be annexed into the City; and WHEREAS, the McCormick Woods annexation was effective on or about July 31, 2009; and WHEREAS, the annexation area depicted in Exhibit B includes that portion of the Regional Stormwater Facility that lies within the UGA and other stormwater facilities (collectively the "McCormick Urban Village Stormwater Facilities"); and WHEREAS, RCW 36.70B.190 provides that development agreements are binding upon the parties and their successors, including a city that assumes jurisdiction through annexation of the area covered by the development agreement; and WHEREAS, the City intends to enter into similar agreements with GEM 1, Feigley Road Partners LLC, and the South Kitsap School District regarding the Regional Stormwater Facility; and WHEREAS, the County has received one-half (1/2) of the annual Surface and Storm Water Management Fees from property owners in the annexation area for the period ending June 30, 2009; and WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, authorizes the parties to enter into an agreement for cooperative action; and WHEREAS, the purpose of this Agreement is to facilitate an orderly transition from the County to the City of stormwater-related services and capital projects within the annexation area depicted in Exhibit B. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations, covenants, and promises set forth below, the County and the City agree as follows: 1. Purpose. The purpose of this Agreement is to define the roles and responsibilities of the County and the City as they relate to the transfer of certain stormwater facilities and related operation and maintenance responsibilities within the annexation area depicted in Exhibit B. 2. Transfer of Stormwater Facilities. 2.1. "McCormick Urban Village Stormwater Facilities" shall mean the stormwater runoff quantity control and stormwater runoff quality treatment facilities, stormwater collection/conveyance facilities, and easements, tracts, and rights -of - way pertaining to stormwater that serve the annexed area and are owned or Stormwater ILA Page 2 of 7 maintained by the County or in which the County has a property interest, including the rural stormwater ponds, as described in the attached Exhibit D. 2.2. "Rural stormwater ponds" shall mean those portions of the McCormick Urban Village Stormwater Facilities that lie outside of the McCormick Woods/ULID No. 6 UGA, as depicted in the attached Exhibit C. 2.3.As part of the next annual amendments to its Comprehensive Plan, the County shall expand the boundary of the McCormick Woods/ULID No. 6 UGA to include the rural stormwater parcels/ponds. 2.4. As soon as practical after the rural stormwater parcels/ponds are brought within the UGA, the City shall annex said parcels. The County will not oppose the City's annexation of these stormwater parcels/ponds and will not invoke the Boundary Review Board's jurisdiction of such annexation regarding these specific parcels/ponds. 2.5.The County will take such actions as are reasonably necessary to facilitate the conveyance of the McCormick Urban Village Stormwater Facilities from the County or Feigley Road Partners LLC, or its successors, to the City. Pending said conveyance, The County and the City shall jointly review any outstanding maintenance or performance bonds posted by Feigley Road Partners LLC or other private developer. Such bonds shall be released only after a joint inspection by the City and County and after the County receives written approval from the City for such release. 2.6. Within fourteen (14) business days after both parties have executed this Agreement, the County shall convey its interest to the City in all of the McCormick Urban Village Stormwater Facilities by quit claim deed or other appropriate instrument. 2.7. County and City staff have inspected the McCormick Urban Village Stormwater Facilities and identified any immediate maintenance requirements, e.g., sediment depths or debris buildup, and agreed upon a plan for addressing those maintenance issues, if any. 3. Stormwater Files, Plans, and Drawings. The County has provided the City with copies of all Stormwater files, manuals, easements, plans, drawings and other stormwater-related materials in its possession that relate to the McCormick Urban Village Stormwater Facilities and to the surface and stormwater management fee accounts within the annexation area. 4. Assumption of Obligations set forth in the 2005 Stormwater Agreement. 4.1.As provided by RCW 36.70B.190, and except as may otherwise be agreed in a separate writing between the City and other interested parties, the City Stormwater ILA Page 3 of 7 acknowledges that by annexing the area depicted in Exhibit B, the City assumes all of the obligations of the County as set forth in the 2005 Stormwater Agreement between the County, South Kitsap School District and GEM 1 as assignee of McCormick Land Company, Inc., a copy of which is attached as Exhibit A. 4.2. It is the intent of the City to clarify and affirm those obligations, as necessary, in separate agreements Feigley Road Partners LLC, as the successor of GEM 1, the School District, and GEM 1. 5. Indemnity. 5.1.The County and its elected and appointed officials, officers, employees and agents shall indemnify, defend and hold harmless the City and its elected and appointed officials, officers, employees and agents, from and against all claims arising out of or resulting from (1) the design or construction of the McCormick Urban Village Stormwater Facilities to the extent of any claim that the Facilities were not designed or constructed in compliance with the requirements of the Kitsap County Surface Water Manual and other applicable rules and regulations; or (2) any negligent maintenance or repairs that were performed by the County to the McCormick Urban Village Stormwater Facilities prior to the date of annexation. This indemnification obligation shall not extend to claims arising as the result of alleged inadequacies in the Kitsap County Surface Water Manual or to claims based upon alleged action or inaction by the City, its elected and appointed officials, officers, employees and agents after or upon the date of annexation or to claims involving any alterations or changes to the McCormick Urban Village Stormwater Facilities that allegedly occurred after or upon the date of annexation. The City, its elected and appointed officials, officers, employees and agents shall indemnify, defend and hold harmless the County and its elected and appointed officials, officers, employees and agents from and against all claims arising out of or resulting from any City action concerning the alteration, construction, maintenance or repairs that were performed by the City to the McCormick Urban Village Stormwater Facilities after or upon the date of annexation. Nothing herein shall be construed as either shortening or extending any applicable statute of repose or limiting in any way any other defense that may apply to the design, construction, or maintenance of the McCormick Urban Village Stormwater Facilities. 5.2.The City shall defend, indemnify and hold harmless at City's sole expense, the County, its elected and appointed officials, officers, employees and agents, from and against any and all claims arising out of the City's performance of this Stormwater ILA Page 4 of 7 Agreement, whether the demand, loss or claim is due to the negligence of the City, its subcontractors, successors or assigns, employees, third parties. 5.3.The County shall defend, indemnify and hold harmless at County's sole expense, City of Port Orchard, its elected and appointed officials, officers, employees and agents, from and against any and all claims arising out of County's performance of this Agreement, whether the demand, loss or claim is due to the negligence of the County, its subcontractors, successors or assigns, employees, third parties 5.4."Claim" means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable to injury, sickness, disease, or death, or damage to property. 5.5.The indemnity provisions set forth in this Section 5 shall survive termination of the Agreement but such survival shall be limited to ten years from the effective date. 6. Governance property acquisition. This Agreement does not create any separate legal or administrative agency. This Agreement does not contemplate joint financing of activities within its scope, nor does it contemplate a joint budget. This Agreement does not contemplate the joint acquisition of property by the parties. 7. Duration. The duration of this Agreement shall be from the effective date until December 31, 2011. The indemnity provisions in Section 5 shall survive termination of the Agreement provided, however, such survival shall be limited to ten years from the effective date. 8. Amendments. Except as otherwise provided in this Section, no change or modification of this Agreement shall be valid unless the same is in writing and is signed by authorized representatives of the County or the City. No purported or alleged waiver of any of the provisions of this Agreement shall be binding or effective unless in writing and signed by the party against whom it is sought to be enforced. 9. Effective Date; Binding Effect. This Agreement shall be recorded with the Kitsap County Auditor in accordance with RCW 39.34.040. The recording date shall be the effective date of this Agreement. The Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 10. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. 11. Construction. The captions throughout this Agreement are for convenience and reference only and the words contained in them shall not be held to expand, modify, amplify, or aid in the interpretation, construction, or meaning of this Agreement. Stormwater ILA Page 5 of 7 Each party has been represented by legal counsel and accordingly waives the general rule of construction that an agreement shall be construed against its drafter. 12.Attorney's Fees. In the event that either party to this Agreement brings a lawsuit against the other party in order to enforce any provision of this Agreement or to redress any breach thereof, the prevailing party in any such lawsuit shall be entitled to recover its costs and reasonable attorney's fees in addition to any other available remedy. 13. Successors and assigns. The City and the County each bind themselves, their partners, successors, executors, administrators, and assigns to the other party to this Agreement and to the partners, successors, administrators, and assigns of such other party in respect to all covenants to the Agreement. 14. Governing law; jurisdiction; venue. This Agreement will be governed by the laws of the State of Washington and any legal proceeding arising under it may be brought only in the courts of Kitsap County, Washington. 15. Severability. If a court of competent jurisdiction holds any provision of the Agreement to be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of the Agreement conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 16.Authority to contract. The Port Orchard City Council has authorized the execution of this Agreement by official action taken at a regularly scheduled public meeting. The Kitsap County Commission has authorized the execution of this Agreement by official action taken at a regularly scheduled public meeting. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement on the date set forth below. DATED this _ day of , 2010 CITY OF PORT ORCHARD Lary Coppola, Mayor DATED this _ day of , 2010. KITSAP COUNTY BOARD OF COMMISSIONERS Josh Brown, Chair Stormwater ILA Page 6 of 7 ATTEST: Patricia Kirkpatrick, City Clerk APPROVED AS TO FORM Gregory A. Jacoby, City Attorney Steve Bauer, Commissioner Charlotte Garrido, Commissioner ATTEST: Opal Robertson, Clerk of the Board APPROVED AS TO FORM: Shelley Kneip, Deputy Prosecutor Stormwater ILA Page 7 of 7 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 No. 7E Meeting Date: March 23, 2010 Subject Amending Contract No. CO27-09, Authorizing the Mayor to Execute Change Order No. 1 with Progressive Landscapes, LLC for Landscape Services Prepared by: Mark Dorsey, Y.E. Public Works Director Atty Routing No: N/A Atty Review Date: N/A Summary: The City of Port Orchard Public Works Department was directed to contact Mr. Fred Music, owner of Progressive Landscape Services, LLC, in regards to extending the current 2009 Park Maintenance contract expiration date of April 30, 2010 to December 31, 2011. It is understood by both parties that the contract extension will be provided at the current contract price of $15,117.12 as well as the provisions agreed upon in the City's letter to Mr. Music dated October 26, 2009. Recommendation: Staff recommends that the City Council authorize the Mayor to execute the extension of City Contract CO27-09 Avith Progressive Landscapes LLC in the amount not to exceed $15,117.12 for the 2010-2011 Parks Maintenance Services. Motion for consideration: I move to authorize the Mayor to execute the execution of City Contract CO27-09 Progressive Landscapes LLC in the amount not to exceed $15,117.12 (fund code oo1-5- 576.80.40.48) for the 2010-2011 Parks Maintenance Services. Fiscal Impact: $17,000.00 budgeted for 2010 within Parks - Fund Code: 001-5-576.80.40.48 Alternatives: Don't approve and provide alternate direction to Staff Attachments: Change Order No. 1 Exhibit A - Letter to Mr. Music dated 10/26/2009 Contract CO27-09 Date: Project: Contract / Job # CITY OF PORT ORCHARD Authorization for Change Order #1 March 23. 2010 Parks Maintenance CO27-09 Contractor: Progressive Landscape Services P O Box 1584 Port Orchard, WA 98366 Brief Description of Change Order work (Documentation to be attached): Extend Contract to December 31, 2011 Contract History $ Date Appvcl b Original Contract 1 $15,1 17.12 $0,00 14-Jul-09 23-Mar-10 Council Chan a Order 1 Council Total Contract $15,117.12 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Public orks Director/City Engin r Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Attest: Change Orders over $15,000 (per project) require Council action. Mayor City Clerk Council Approval Date Page 1 of 1 U:\ENGINEERING\PARKS\2009 Parks Maintenance\2009-2011 Progressive LS\Progressive landscape Change Order # 1 CITY OV PORT ORCHARD City Clerk. U? Prospect 84rset, POrt Orden], WA98366 Voice: (360) 876.4407 + VAX: (36o) 895-9029 plar%patrick@cityofpnrM�hard.nv �*�Q�axtozrhardas October 26, 2009 Mr. Fred Music Progressive Landscapes, LLC P o Box 1584 Part Orchard, WA 98366 Re: Amendment to Contract Dear Mr_ Music, This will confirm our telephone conversation on priday, October 23, 2009, regarding amendments to your landscaping contract with the City, to which you agreed to the following: F..xtend the contract date from April 30, 201 Q to December 31, 2 r1„0lt . Automatically renew the contract for one-year, not to exceed s -years; and . Reducing the current contract amount should the port take over a portion of the landscaping services in the Marina that is wined b City of P9rt Orchard and currently maintained by your company. Gls r"j u- - rvq-tL% A„ � on With your permission, I would suggest we waft e u2tng a ck em t mend until the City has agreed to the parking lot swap with the Port. Once that is finalized and approved by the Council, I will send you written notification and a sample amendment to the contract Outlining the above terms, In the meantime, please feel free to contact my office should you have any questions. Sincerely, CI OF PO T ORCHARD Patti Kirkpatrick, CMC City CleWAsst to the Mayor Administrative Services Director c: City Attorney Fred if you agree with the above chatqgg plcanc aign below and date. CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT COPO Contract No. CO27-09 THIS Agreement is made effective as of the 14th day of April 2009, 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 Progressive Landscapes LLC ("CONSULTANT") PO Box 1584 Pert Orchard, WA 98366 Contact: Fred Music Phone: 360.674.2505 Fax:MC Tax Id No. 60-19381501 for professional services in connection with the following Project: 2009 Parks Maintenance (Roundabout, PO Marina Lot #1 & #2, Waterfront Lot #3 & #4, Etta Turner and 213 Prospect Rentals TERMS AND CONDITIONS 1. Services by Consultant A. Consultant shall perform the services described in the Scope of 1 Work attached to this Agreement as Attachments "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't 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 commence on May 1. 2009 ("Commencement Date") and shall terminate April 30, 2010 unless extended or terminated in writing as provided herein. 1 of 6 N j 4. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $13,920 plus tax ($15,117.12) without 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. 3 of 6 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 O1 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: 1. 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 4 of 6 1 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. Fred Music Progressive Landscapes LLC PO Box 1584 Port Orchard, WA 98366 Phone: 360.674.2505 Fax: 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. 5 of 6 1 CITY OF PORT ORCHARD, CONSULTANT WAN, LIM Date: Attest: By: Patricia J. qKiratric , CMC City Clerk Name: /2o'd Title: © 4/4e t. Date: C�- -- 2Z--0 r r.2ar City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7F Subject Amending Contract No. 042-09, Authorizing the Mayor to Execute Change Order No. 2 with Charon Drilling, Inc for Well No. 11 at McCormick Woods Meeting Date: March 23, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: NA 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. ii Cable -Tool Drilling Project (PW2009- or) 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. i, extending the contract to March 31, 2010. Due to unforeseen circumstances, primarily hydro -geological delays, work will not be accomplished by the March 31, 2olo completion date as previously anticipated. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 2, being a contract time extension only from March 31, 2010 to July 31, 2010, with Charon Drilling, Inc. for the Well No. 11 Cable -Tool Drilling Project (PW20o9-or) at McCormick Woods. Motion for consideration: I move to amend Contract No. C042-09, authorizing the Mayor to execute Change Order No. 2, being a contract time extension only from March 31, 2010 to July 31, 2010, with Charon Drilling, Inc. for the Well No. it Cable -Tool Drilling Project (PW20o9-ol) 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. 2 Change Order No. r Contract No. C042-09 3/15/2010 3:49PM CITY OF PORT ORCHARD Authorization for Change Order #2 Date: March 23, 2010 Project: Well 11 Cable -Tool Drilling Contract / Job # PW2001-01 Contractor: Charon Well Drilling, Inc. Brief Description of Change Order work (Documentation to be attached): Additional contract time only with contract time extension from March 31, 2010 to July 31, 2010. Contract History $ Date Appvd b Original Contract $272,314.50 28-Jul-09 Council Change Order 1 $0.00 08-Dec-09 Council Change Order 2 $0.00 23-Mar-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: Title: Public orks Director ity Engineer Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Attest: Change Orders over $15,000 (per project) require Council action. Mayor City Clerk Council Approval Date Common/CITY OF PORT ORCHARD change order Page 1 of 1 12/8/2009 2:41 PM d .. Authorization for Change Order #1 Date: December 8, 2009 Project: Well 11 Cable -Tool Drilling Contract / Job # PW2001-01 Contractor: Charon Well Dr Brief Description of Change Order work (Documentation to be attached): Additic contract time only with contract time extension to March 31, 2010. w Vo# Original Contract $272,314.50 28-Jul-09,Co Change Order 1 $0.00 08-Dec-091Co 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: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Attest: Change Orders over $15,000 (per project) require Council action. Council Approval Date WELL 11 Conti t THIS A REEMENT, made and entered into this day of by and twe he ity of Port Orchard, hereinafter called the PUR ASER, and the heirs, executors, administrators, successors, and hereinafter called the ONT (fTOR. WITNESSETH THAT IN CONSIDERATION OF THE PAYMENTS, COVENANTS, AND AGREEMENTS hereinafter mentioned to be made and performed by the parties hereto, the parties hereto covenant and agree as follows: DESCRIPTION OF WORK: Provide for the construction of Well 11, cable -tool drilling. The work consists of drilling, casing, completing, developing, and testing of Well 11. The contract price is $ 2r i122�4.lj o plus State sales tax, for applicable items only. EMPLOYMENT AND PAYMENT: The Purchaser hereby promises and agrees with the Contractor to employ, and does so employ the Contractor to provide the labor, materials, and other things set forth in the preceding paragraph and to do and cause to be done the above described work and to complete and furnish the same according to the attached specifications and proposal at the time and manner and upon the conditions of this contract and every part thereof. COMPLETION OF WORK: Time is of the essence for this contract. The Contractor agrees to commence work within FIFTEEN It 5) days of signing the contract. The contract completion time is NINETY (90) calendar days from the Notice to Proceed issued by the Purchaser. The Contractor shall be allowed extensions to the contact, due to weather conditions. Such extensions must be mutually agreed to by both parties. If failure of the Contractor to complete the contract in the amount of time which is reasonably ascertainable, the Contractor shall be liable for any additional cost or damages, of One Hundred Dollars ($100) per calendar day. LIABILITY OF NEGLIGENCE: The Contractor shall be liable for any additional expenses incurred by the Purchaser as a result of carelessness or negligence on the part of the Contractor. The Contractor agrees that the Purchaser may deduct such additional cost on its own behalf from the monies due or to become due to the Contractor. CANCELLATION OF CONTRACT FOR VIOLATION OF STATE POLICY: This contract may be canceled by the officials or agents of the Purchaser authorized to contract for or supervise the execution of such work in case such work is not performed in accordance with the policy of the State of Washington relating to such work. It is further provided the Contractor shall hold harmless the Purchaser and that no liability shall attach to the Purchaser by reason of entering into this contract, as expressly provided herein. AGREEMENT: The Contractor himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. Ij IN WITNESS WHEREOF, this agreement has been duly executed by the parties wherein before named, on the day and year, first above written. CITY OF YORT�/ • • ir r AA T: ��q Patti Kirkp t ck City Clerk 0 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7G Meeting Date: March 23, 2010 Subject: Meeting with Initiating Parties Prepared by: Jaines R. Weaver Regarding Notice of Intent to Development Director Petition for South Sedgwick Atty Routing No: N/A Annexation Atty Review Date: N/A Summary: A Notice of Intent to Petition for Annexation was received on February 18, 2010, to annex 23 parcels totaling approximately 97.56 acres. The parcels are located in the vicinity south and east of SW Sedgwick Road, east and west of State Route 16, and west of Ferate Ave. SE; that Portion of Sections 10 & 11, Township 23 North, Range 1 East, Willamette Meridian, In Kitsap County, Washington. The parcels arc in the City's currently recognized Urban Growth Area. Five parcels have a County Comprehensive Plan designation of Urban Low -Density Residential with zoning of Urban Low Residential, one parcel has a Urban High -Intensity Commercial/Mixed Use & Urban Low -Density Residential with zoning of Highway Tourist Commercial/Urban Low Residential, and the remaining seventeen parcels are designated Urban High -Intensity Commercial/Mixed Use in the County's Comprehensive Plan with a zoning designation of Highway/Tourist Commercial. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. Recommendation: Staff recommends that the Council allow a petition to be circulated for annexation of the property described in the Notice of Intent and require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Motion for consideration: I move to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Alternatives: Allow circulation of the annexation petition as proposed, geographically modify the proposed annexation, or reject the annexation. Attachments: Notices of Intent to Petition for Annexation Exhibit A: Legal Descriptions and Map Valuation certification NOTICE OF INTENT TO PETITION FOR ANNEXATION TO THE, CITY OF PORT ORCHARD FFB 1 Proposed Annexation Name South Sedgwick ACq yof 81p�0 on $6,845,780.00 Total Assessed Valuation RepreseTotal Assessed Valuation of nted byed tSignatt re(.) $245,7780.00 �N,��Fp O/r,Cy Percent of Assessed Valuation Represented by Signature(s) ( 3;59 %) T The Honorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to commence annexation proceedings under the provisions of RCW 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made a part of the City of Port Orchard. It is requested that the City Council of the City of Port Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty ora misdemeanor. Printed Name: SMALLEY BRIAN D & AMY M A Property Address/Location: x fax Parcel Nunrber(s): _ 112301-3-009-2000 Planning Pone 004,Nolice or hnenl to PeGGon (or Anocsotton Application (Km 08/09) NOTICE OF INTENT TO PETITION FOR ANNEXATION To THE CITY OF PORT ORCHARD F�a CITyO18 2010 pLAN1V I1VG RCN Proposed Annexation Name South Sedgwick �OFRAIj Total Assessed Valuation of Proposed Annexation $6,845 780.00 Total Assessed Valuation Represented by Signature(s) $415 210.00 Percent of Assessed Valuation Represented by Signature(s) ( _ -.07 %) The tlonorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to commence annexation proceedings under the provisions of RC W 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made a part of the City of Port Orchard. It is requested that the City Council of the City of Port Orchard set a date, not later than sixty days after the tiling of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name: KELLY JOHN & TAMERA Signature: Property Address/Location: 511 SE MELINE RD Date: -2 Tax Parcel Number(s): 112301-3-010-2007 _ Planning f onn 0041N.We of htlenl to Petition for Anne,a l ion Application (Rer. 09/09) NOTICE Of INTENT TO PETITION FOR ANNEXATION TO THE CITY or PORT ORCHARD PC Total �� I8 ?0/0 Proposed Annexation Name South Sedgwick _ CNN/N�oRTO Total Assessed Valuation of Proposed Annexation $6.845 780.00 Total Assessed Valuation Represented by Signaturc(s) $38,790.00_____. ARTj(/gR0 Percent of Assessed Valuation Represented by Signaturc(s) (_ 5.64 "/o) ENT The Honorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the properly described in Exhibit A attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to coumnence annexation proceedings under the provisions of RC W 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made a part of the City of Port Orchard. It is requested that the City Council of the City of Port Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name:_ MILLIARD DOROTHY J Signature:._ Property Address/Location: 652 SE MELINE RD_____.________ Tax Parcel Nmuber(s): _112301-3-008-2001 ___ Phn q Porn OOVN.6,ce ui 40v111 W Pciiiion Wr Am,mm,n ArpliW'111n (Rc' O8,'09) R�c��VR NOTICE OF INTENT TO PETITION FOR TO THE CITY OF PORT ORCHARD EXATION � /Ty OF FB l.8 ZQ/0 PO Proposed Annexation Name .�0 t(+ e JA % I Gk File No�IV'lka 'y7- Total Assessed Valuation of Proposed Annexation $ la, 845,7Sf).O6 "FAgRTChgR� Total Assessed Valuation Represented by Signatures $ 2350r140.00 MFNT Percent of Assessed Valuation Represented by Signatures ( _�3M %) The Honorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached liereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to commence annexation proceedings under the provisions of RCW 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made apart of the City of Port Orchard. It is requested that the City Council of the City of Pot Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name: GA 7 Property Address/Local Tax Parcel Number(s): Planning Form 004tNotico or Intent to PON" lot Atmoution Application (Rev. 0&109) NOTICE OF INTENT TO PETITION FOR ANNEXATION FFg �® TO THE CITY OF PORT ORCHARD p��%' Op r81p1 LL1 Y o Proposed Annexation Name .SO 4 {� G ED gdiLk File No. Total Assessed Valuation of Proposed Armexation $ $i 7 A 0.0[) "�A9RhT yqR Total Assessed Valuation Represented by Signatures $ 496r 350.00 tijF� O Percent of Assessed Valuation Represented by Signatures ( JA %) T The Honorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of die City of Port Orchard that it is our intention to commence annexation proceedings under the provisions, of RCW 35.13.130 through 35.13.160, so that the territory described in Exhibit A, can be annexed,to and made a part of the City of Port Orchard. It is requested that the City Council of the City of Port Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to, be annexed. WARNING- :' • r Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name: DolZO Property Address/Location: v I G( 4 E Izoets _Ckbatr Tax Parcel Nwnber(s): _ I I °�:� 0 I > .3 ` O hf DU;� i Planning Form 004R2oliw of [Mt lu Pe66. fc m.m ion Appliulim (Ru OU9) EXHIBIT A South Sedgwick Annexation Parcels and Legal Descriptions 112301-3-010-2007 THE W 6 AC OF N 293FT OF E 60 AC OF N1/2 SW1/4 EX TF ANY PT LYING WITHIN THE TR CONVEYED TO MELIN AUD. FILE NO. 471828 SUBJECT TO EASEMENT EX S 30FT FOR ROAD 112301-3-009-2000 THE WEST 2 ACRES OF THE EAST 7 ACRES OF THE NORTH 278 FEET OF THAT PORTION OF THE EAST 60 ACRES OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST W.M., LYING WEST OF COUNTY ROAD; EXCEPTTHE SOUTH 15 FEET THEREOF CONVEYED TO KITSAP COUNTY FOR ROAD PURPOSES RECORDED UNDER RECORDING NO. 658018; SITUATE IN THE [110111111vLa1fAll I7_1��/_\7arm] ATiVITIMall[Hto] 0II 112301-3-003-2006 THE EAST 5 ACRES OF THE NORTH 293 FEET OF THAT PORTION OF THE EAST 60 ACRES OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, WM. IN KITSAP COUNTY, WASHINGTON; LYING WEST OF COUNTY ROAD; EXCEPT THE SOUTH 15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE OF WASHINGTON BY AUDITORS FILE NO 632739. 112301-3-048-2003 PARCEL I: THE SOUTH 150 FEET OF THE EAST 190 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID SUBDIVISION; THENCE WEST 386 FEET; THENCE NORTH 367 FEET; THENCE EAST 386 FEET; THENCE SOUTH 367 FEET TO THE POINT OF BEGINNING; PARCEL II: THAT PORTION OF THE SOUTHWEST QUARTER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE WEST 386 FEET; THENCE NORTH 367 FEET; THENCE EAST 386 FEET; THENCE SOUTH 367 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS AND EXCEPT THE SOUTH 150 FEET OF THE EAST 190 FEET OF THE ABOVE DESCRIBED PROPERTY; >>> EXCEPT THAT PORTION PER SUPERIOR COURT CAUSE NO.06-2-02423-2 DESCRIBED AS FOLLOWS: THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF DOGWOOD ROAD: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE WEST 386 FEET; THENCE NORTH 367 FEET; THENCE EAST 386 FEET; THENCE SOUTH 367 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS; SITUATE IN KITSAP COUNTY, WASHINGTON. >> EXCEPT THAT TAXABLE PORTION TO 112301-3- 048-2102 AS A RESULT OF A SENIOR CITIZEN/DISABLED PERSONS EXEMPTION SEGREGATION. 112301-3-005-2004 PT OF NE1/4 SW1/4 BEG 386FT W OF THE SE COR OF THE N1/2 NE1/4 SW1/4 TH N 367FT TH W 250FT TH S 367FT TH E 50OFT TO POB EX TH N 15FT FOR RD SHORT PLAT NO.1108 BEING DESC FOR TAX PURP ONLY Page 1 of 4 112301-3-047-2004 THE WEST HALF OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 386 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 367 FEET; THENCE WEST 500 FEET; THENCE SOUTH 367 FEET; THENCE EAST 500 FEET TO THE POINT OF BEGINNING; EXCEPTTHE NORTH 30 FEET FOR ROAD. 112301-3-008-2001 THE E 475FT OF E 606FT OF W 1094FT OF THE FOLG THAT PT OF THE N1/2 SW1/4 DES AS FOLS BEG AT SE CDR OF THE N1/2 NE1/4 SW1/4 TH N 367FT TH W 198OFT TH S 367FT TH E 1980FT TO POB EXC 15FT N FOR RDS 112301-3-011-2006 THE WEST 131 FEET OF THE EAST 606 FEET OF THE WEST 1094 FEET OF THE FOLLOWING: THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 367 FEET; THENCE WEST 1980 FEET; THENCE SOUTH 367 FEET; THENCE EAST 1980 FEET TO POINT OF BEGINNING; EXCEPT THE NORTH 15 FEET FOR ROADS. 112301-3-012-2005 PT OF NW1/4 SW1/4 BEG AT SW COR OF NE1/4 NW1/4 SW1/4 RUNNING THENCE N 367FT E 488FT S 367FT W 488FT TO POB 112301-3-014-2003 LOT B OF SHORT PLAT NO 382 RECD ON 12-16-75 UNDER AUD FILE NO 1118531; BEING THAT PT N 360FT OF S1/2 NW1/4 SW1/4 CNVYD BY AUD NO.1077229 DAF, BAT NW COR SD SUB TH S 116FT TH ELY 30OFT M/L TO CONC MON TH N 30FT M/L TO MON TH E 45FT M/L TO MON TH N 10OFT TO N LN SD SUB TH E 520FT TH S 360FT TH W TO SW COR TH N TO POB EXC RD 112301-3-040-2001 (LOT C OF SHORT PLAT NO 382 RECD DEC 16, 1975 UNDER AUD NO 1118531) TH PTN OF S1/2 NW1/4 SW1/4 SEC 11 DAF BAT NW COR OF SD SUB TH S 116FT TH E 30OFT M/L TH N 30FT M/L TH E 45FT M/L TH N 10OFT M/L TO N LN OF SD SUB TH W TO POB EXC SIDNEY RD ON THE W 102301-4-017-2009 BEG 30FT W OF THE SE COR OF SD SUBDV W 444.5FT N 40OFT E 444.5FT S 40OFT TO THE TPOB 102301-4-023-2001 PTN NE1/4 SE1/4 CNVYD BY AUD NO 1109908 DAF, BAAP ON S LN OF SUB WH IS 474.5FT W OF SE COR THOF TH CONT W ALG SD S LN TO SW COR THOF TH N ALG W LN 40OFT TH E 845.5FT TH S 40OFT TO POB TGW 20FT ESMT SUBJ TO ESMT TO EXST SPRING & WTR PIPES LOC ON E 100FT 102301-4-051-2006 THAT PORTION LYING SOUTH OF COUNTY ROAD OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHEAST QUARTER CONVEYED BY AUDITOR FILE NO. 1134263 DESCRIBED AS FOLLOWS: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, EXCEPT THE NORTH 375 FEET AND Page 2 of 4 EXCEPT THE SOUTH 400 FEET THEREOF AND ALSO EXCEPT THE EAST 660 FEET THEREOF TOGETHER WITH AN EASEMENT OVER THE NORTH 20 FEET OF THE SOUTH 750 FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER EXCEPT SIDNEY RAOD SUBJECT TO EASEMENT RECORDED UNDER AUDITOR FILE NO.703904. ALSO EXCEPT THAT PORTION TO KITSAP COUNTY FOR SEDGWICK ROAD PER AUDITOR FILE NO. 9105150172. 102301-4-052-2005 LOT A SHORT PLAT NO. 667811-1 RECORDED UNDER AUDITOR'S FILE NOS. 3224933/934, IN VOLUME 15 PAGE 228 OF SHORT PLATS, BEING AN AMENDMENT OF 9411090209/0210. BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING EASTERLY OF GLENWOOD ROAD AND LYING SOUTHEASTERLY OF SEDGWICK ROAD AS DEED UNDER AUDITOR'S FILE NO. 9103050137. 102301-4-053-2004 LOT B SHORT PLAT NO. 6678R-1 RECORDED UNDER AUDITOR'S FILE NOS. 3224933/934, IN VOLUME 15 PAGE 228 OF SHORT PLATS, BEING AN AMENDMENT OF 9411090209/0210. BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, LYING EASTERLY OF GLENWOOD ROAD AND LYING SOUTHEASTERLY OF SEDGWICK ROAD AS DEED UNDER AUDITOR'S FILE NO. 9103050137. 4800-000-023-0007 LOT 23, BLOCK 000, RICHLAND ACRE TRACTS, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPTTHAT PORTION TO STATE HIGHWAY NO. 14 AS RECORDED PER VOLUME 628/144; AND EXCEPT THAT PORTION TO STATE ROUTE 16 PER AUDITOR'S FILE NO. 1080227; >>> TOGETHER WITH THAT PORTION PER SUPERIOR COURT CAUSE NO. 06-2-02423-2 DESCRIBED AS FOLLOWS: THAT PORTION OF THE FOLLOWING DESCRIBED REAL PROPERTY LYING EAST OF DOGWOOD ROAD: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THENCE WEST 386 FEET; THENCE NORTH 367 FEET; THENCE EAST 386 FEET; THENCE SOUTH 367 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS; SITUATE IN KITSAP COUNTY, WASHINGTON. 112301-3-002-2007 TH PTN TR 24 PLAT OF RICHLAND ACRE TRS & TH PTN N 293FT OF NE1/4 SW1/4 SD SEC ELY OF CO RD ALL LY SWLY OF R/W LN DRAWN PILL & 100FT SWLY OF SRVY LN SR NO 16 4800-000-024-0006 RICHLAND ACRE TRACTS TH PTN TR 24 LY SLY OF S LN N SOFT SO TR & NELY OF R/W LN SR 16 4800-000-013-0009 RICHLAND ACRE TRACTS LOT 13, RICHLAND ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. EXCEPT THAT PORTION CONVEYED TO THE STATE AND COUNTY FOR ROADS. AND EXCEPTTHAT PORTION LYING WEST OF HIGHWAY NO. 16. SITUATE IN KITSAP COUNTY, WASHINGTON. :f:iQ�IDIQ�IDFF�Q4Q0 RICHLAND ACRE TRACTS BLK 000 LOT 12 BLK 000 LOT 12 1/2 CNVYD BY VOL 624/240 EXC PTN TO S/HWY NO.14 PER AUD NO.633137 ALSO EXC PTN DEEDED TO STATE OF WASHINGTON BEING OLYMPIC Page 3 of 4 4800-000-009-0005 RICHLAND ACRE TRACTS TRACTS 9, 10 AND 11; EXCEPT THAT PORTION OF TRACTS 10 AND 11, CONVEYED TO THE STATE OF WASHINGTON FOR PSH NO. 14 BY DEED RECORDED JANUARY 11, 1956 UNDER AUDITOR'S FILE NO. 631987 AND EXCEPTTHAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR STATE ROUTE NO. 16 BY DEED RECORDED JUNE 17, 1974 UNDER AUDITOR'S FILE NO. 1074900. PARCEL 2: THAT PARTION OF TRACT 22, RICHLAND ACRE TRACTS, PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 18, RECORDS OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED RIGHT OF WAY LINE: BEGINNING AT POINT OPPOSITE HIGHWAY ENGINEER'S STATION NB 378+00, ON THE NB SURVEY LINE OF STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET, AND 120 FEET NORTHEASTERLY THEREFROM; THENCE NORTHWESTERLY TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION NB 379+000N SAID SURVEY LINE AND 96 FEET NORTHEASTERLY THEREFROM; THENCE NORTHWESTERLY, PARALLEL WITH SAID SURVEY LINE, TO POINT OPPOSITE HIGHWAY ENGINEER'S STATION NB 380+00 THEREON AND THE END OF THIS RIGHT OF WAY LINE DESCRIPTION. 4800-000-025-0005 RICHLAND ACRE TRACTS BLK 000 LOT 25 *1* EX ST HWY NO 14 BLK 000 LOT 26 EX W 1/2 TF Page 4 of 4 —o --I— p91, ii; i$" w 1 3l Ili Pf 2v, o p sill fill, y101, ° A+ qqqq gg �pgq3y tl Eg8 ! {r{f 4 'L'C i. �t•f ii�k�.��1$ IItEEs�! 3 I4•y.l I Certification of Letter of Intent City of Port Orchard I, James R. Weaver, Development Director of the City of Port Orchard, do hereby certify that I received on February 18, 2010, a Notice of Intent to Commence Annexation Proceedings for an area located in the vicinity of south and east of SW Sedgwick Road, east and west of State Route 16, and west of Ferate Ave. SE; that Portion Of Sections 10 & 11, Township 23 North, Range 1 East, Willamette Meridian, In Kitsap County, Washington, The petition contained signatures of property owners, which were verified by comparing them with the Kitsap County Assessors records. The assessed valuation of the area proposed to be annexed is $6,845,780. The assessed valuation of signatures represents $1,767,570. The signatures therefore constitute more than the required 10 percent, which figure would be $684,578. SIGNED this 19'h day of February, 2010. �r Jame . Weaver Port rchard Development Director City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Item No. Business Item 7H Subject: Agenda Staff Report Discussion: McCormick Woods Meeting Date: March 23, 2010 Prepared by: Mark R. Dorsey, P.E. STEP System Alternatives — Analysis of Existing Sewer Force Atty Routing No: Main Capacity by BHC Consultants Atty Review Date: Public Works Director NA NA Summary: At the March 11, 2010 Utilities Committee Meeting, it was concluded that the continued discussions on how best to resolve the many issues surrounding the McCormick Woods STEP (Septic Tank Effluent Pumping) System Pumping and Maintenance Program has now begun to take shape. One viable option proposed is for the City to establish a program in which the conversion (over a specified period of time) of the 605 existing STEP systems to individual grinder systems would occur. This program would utilize the current McCormick Woods STEP System Pumping annual budget, as well as the 2ou McCormick Woods Odor Control budget. Before embarking on a program of this nature, the Utility Committee agreed that an analysis of the existing STEP force main capacity to transport grinder pump effluent in lieu of STEP effluent be prepared. BHC Consultants has provided a professional services fee proposal of $5,000.00 to provide an analysis of the existing piping system for capacity. Staff is looking for Council support to proceed with the analysis. Fiscal Impact: Funded by the 2010 Water and Sewer Utilities