11/23/2010 - Regular - PacketMayor:
Lary Coppola
Administrative Official
Councilmembers:
Fred Chang
Chair: LTAC
Staff: Clerk's Office
Economic Dev/Tourism Committee
Public Property Committee
Jerry Childs
Chair: Economic Dev/Tourism
Committee
Staff: Clerk's Office
Finance Committee
John Clauson
Chair: Finance Committee
Staff: City Treasurer
Utilities/SAC Committee
Kitsap County Health
Jim Colebank
Economic Dev/Tourism Committee
KRCC/PSRC/KEDA/PRTPO
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
November 23, 2010
7:00 p.m.
�. CALL TO ORDER
A. Pledge of Allegiance
2. CITIZENS COMMENTS
Please limit your comments to 3 minutes for items not up for Public Hearing. When
recognized by the Mayor, please state your name and address for the official record
(please complete the sign -in sheet located in the hallway).
3. APPROVAL OF AGENDA
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been
distributed to each Councilmember for reading and study. Consent Agenda items are not
considered separately unless a Councilmember so requests. In the event of such a request,
the item is returned to Business Items.)
A. Approval of Claim Warrants and Payroll
B. Approval of the November 9, 2010, Council Meeting Minutes
C. Approval of Contract No. 017-1o, Authorizing the Mayor to Execute
the Revised Interlocal Agreement with Kitsap County Regarding
Stormwater Within the McCormick Urban Village (Dorsey)
5. PRESENTATION
6. PUBLIC HEARING
A. McCormick Village Park Master Plan and Preferred Alternative
(Weaver)
B. Annexation of McCormick East, File No. A-25-10, with Zoning and
Comprehensive Plan Designations (Weaver)
7. BUSINESS ITEMS
A. Adoption of Ordinance No. 023-1o, Approving the Annexation
Request for McCormick East, File No. A-25-10 (Weaver)
B. Adoption of Ordinance No. 024-1o, Amending Port Orchard
Municipal Code Chapter 15.38 Flood Damage Prevention (Weaver)
C. Approval of the First Reading of Ordinance No. 025-1o, Amending
the 2010 Budget (Martin)
D. Adoption of Ordinance No. 026-1o, Amending Port Orchard
Municipal Code Chapter 3.08 Relating to the Advance Travel
Expense Revolving Fund (Kirkpatrick)
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.citrofportorchard.us or by contacting the City Clerk's office, 36o.876.4407
November 23, 2010, Meeting Agenda Page 1 of 2
E. Adoption of Resolution No. 041-1o, Repealing Resolution Nos. 014-05 and 023-1o, and
Reestablishing Regulations and Fees Related to Parking, Stopping, or Standing in Certain
Areas of City (Townsend)
F. Adoption of Resolution No. 042-1o, Accepting the Donation of Real Property for Park Purposes
and Authorizing the Mayor to Execute the Property Donation Agreement with Carol H.
Henrikson (Weaver)
G. Approval of Contract No. 017-11, Authorizing the Mayor to Execute an Interlocal Agreement
with Kitsap County for Incarceration of Juvenile City Prisoners for Municipal Court
(Townsend)
8. REPORTS OF COUNCIL COMMITTEES
9. REPORT OF MAYOR
1o. REPORT OF DEPARTMENT DIRECTORS
11. CITIZEN COMMENTS
(Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor,
please state your name and address for the official record. It is asked that you do not speak on the same matter
twice.)
12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The
topic(s) and the session duration will be announced prior to the executive session.
13. ADJOURNMENT
COMMITTEE MEETINGS
Finance Committee
Tourism Committee
Utilities Committee
Sewer Advisory Committee (SAC)
Public Property Committee
Work Study Session
Date & Time Location
TBD Myhre's
December 15, 2010
City Hall
5:30 p.m.
November 24, 2010
Myhre's
7:30 a.m.
January 19, 2011
City Hall
6:30 p.m.
December 14, 2010
City Hall
7:30 a.m.
December 21, 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
November 23, 2010, Meeting Agenda Page 2 of 2
City of Port Orchard
Council Meeting Minutes
Regular Meeting of November 9, 2010
i. CALL TO ORDER AND ROLL CALL
Mayor Lary Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem Rob Putaansuu and
Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Carolyn
Powers were present and constituted a quorum. City Clerk Kirkpatrick, Public Works Director
Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City
Attorney Jacoby were also present.
A. Pledge of Allegiance
Larry Curles led the audience and Council in the Pledge of Allegiance.
2. CITIZENS COMMENT
Patrick Lucus questioned the need for Council to hold meetings outside of City Hall, noting this is
the reason why the citizen's of Port Orchard provided a new City Hall.
3. APPROVAL OF AGENDA
The following items were removed from the Consent Agenda and placed under Business Items:
• Adoption of Resolution No. 038-1o, Revising the Job Descriptions for the Positions of
Human Resource Coordinator and Treasurer
Councilmember Olin MOVED and Councilmember Childs seconded the motion to
approve the Agenda as amended. Upon vote, the motion passed unanimously.
4. APPROVAL OF CONSENT AGENDA
A. Approval of Claim Warrants Nos. 54465 through 54566 in the amount of $372,134.94;
October's Payroll Warrant Nos. 143401 through 143478 in the amount of $674,534•o1; and
Treasurer's check book in the amount of $1,954,$24.35•
B. Approval of the October 26, 2010, Council Meeting Minutes
C. Setting Meeting for Work Study Session to November 16, 201o, at 7:00 p.m. at City Hall
E. Approval of Contract No. o65-1o, Authorizing the Mayor to Execute an Agreement with Gordon
Sound Production for Sound System during the Festival of Chimes and Lights
Councilmember Colebank MOVED and Councilmember Clauson seconded the motion
to approve the Consent Agenda as amended. Upon vote, the motion passed
unanimously.
Minutes of November 9, 2010
Page 2 of 10
5. PRESENTATION
A. Proclamation: National Pancreatic Cancer Awareness Month
Mayor Coppola read the National Pancreatic Cancer Awareness Month Proclamation into the
record.
B. South Kitsap Water Reclamation Facility eon Budget
Larry Curles, General Manager of the West Sound Utility District, provided an update on the South
Kitsap Water Reclamation Facility (SKWRF), noting the following:
• Name changed from the Joint Waste Water Facility to the South Kitsap Water Reclamation
Facility;
• Budget is based on a 52% share from the District and 48% share from the City;
• Currently serve approximately 25,000 people;
• Funding for 2011 will allow completion of some critical repairs;
• 2011 Cost per ERU is $21.50 for equipment replacement;
• City's share of the funding is $59,772 and the Districts share of the funding is $66,000;
• Septage will be discontinued until the system can handle it;
• Leachate funded projects are to rebuild one secondary clarifier and to seal the original
concrete decks;
• Grant revenues are not included in the budget totals;
• The reclaimed water distributions system will be partially funded from the Department of
Ecology and EPA grants;
• Puget Sound Energy will help fund the replacement of the air blower and other
modifications;
• The facility has crossed trained all staff;
• Working with various schools to inspire future facility workers;
• Major programs for 2011 include primary clarifiers, computer improvements, repair the
upper driveway, design the administrative wall, replace heads in the aeration basin, replace
the 1996 pickup truck, improve energy efficiency and alternative energy, and Biosolids
management;
• Future projects that need to be done include glass wall replacement and rebuilding the
secondary clarifiers;
• To help generate revenue the facility will contract with other entities to assist in getting their
operations up and running; and
• Future challenges include funding depreciations, major repairs and replacement of original
equipment, staff training, payment of annual debt, and expanded capacity to process bio-
solids.
6. PUBLIC HEARING
A. McCormick Division Three Development Agreement with GEM i, LLC
Minutes of November 9, 2010
Page 3 of 10
Development Director Weaver presented the staff report, noting the public hearing is for a
Development Agreement between GEM 1 and the City of Port Orchard, related to the Preliminary
Plat of McCormick North, Division III. The City and GEM 1 desire to enter into a Development
Agreement, as authorized by RCW 36.7oB.170, which will establish procedures and standards for
the review and approval of McCormick North Phase III. This Agreement is intended to set forth the
uses that will be permitted on the Property, the development standards that will apply, the period
of time within which the development standards will apply, and the method and manner in which it
may be developed. The Planning and Public Works departments as well as the Hearing Examiner
have reviewed the preliminary plat and city attorney reviewed developer's agreement and the
combined documents are in compliance the city Comprehensive Plan and applicable Port Orchard
Municipal Code and all other state and local regulations.
Mayor Coppola opened the Public Hearing at 7:41 p.m.
Bob Johns, attorney for GEM 1, voiced his support of the Agreement, was available to answer any
questions, and looked forward to working with the City.
There being no further testimony, Mayor Coppola closed the Public Hearing at 1:42 P.M.
B. Regarding Street Vacation of a Portion of the Alley Located in the Plat of Pottery
Hill Addition to Sidney
City Clerk Kirkpatrick presented the staff report, noting Mr. and Mrs. Jason Hill and Ms. Mary
Joan Buonanno have submitted a Street Vacation application to vacate a portion of City right-of-
way located in the Plat of Pottery Hill Addition to Sidney. A certified check in the amount of
$3,450, for the full appraised value was received. The application was forwarded to the Public
Property Committee for review. The Committee recommended that a Public Hearing be set for this
matter. The attached color map shows the proposed area to be vacated, which does not impede
access to the adjacent property.
Mayor Coppola opened the Public Hearing at 7:43 p.m.
Bob Jay, neighbor, voiced his support in the City allowing Mr. and Mrs. Hill to take ownership of
the proposed property, as he believes it's a good idea.
There being no further testimony, Mayor Coppola closed the Public Hearing at 7:44 p.m.
7. BUSINESS ITEMS
A. Adoption of Resolution No. 038-io, Revising the Job Descriptions for the Positions
of Human Resource Coordinator and Treasurer
City Treasurer Martin presented the staff report, noting while Human Resources (HR) have always
been critical to the success of any organization, they have assumed an increasingly greater
importance that is being recognized inside and outside of any organization. HR provides a wide
variety and range of knowledge, skills, and abilities whose successful performance contributes to
Minutes of November 9, 2010
Page 4 of 10
the attainment of the City's overall goals. The role of HR has evolved since its historical reference as
personnel management. HR represents an extension of the basic functions of selection, training,
and compensation to the dynamic interaction of how personnel functions with each other and with
the strategic and planning objectives of the City. In recognition of HR's duties, tasks, and activities,
the Mayor is requesting Council approval to align the Human Resources Coordinator position
within the office of the City Treasurer. The position currently reports directly to the Mayor with
support from the Deputy Clerk and Office Assistant II. The change results in the HR coordinator
reporting to the Treasurer, who will provide supervisory support, and coordination with the Mayor,
Council, and Finance Committee.
Councilmember Powers MOVED and Councilmember Colebank seconded the motion
to approve Resolution No. 038-io, revising the job descriptions for the positions of
HR Coordinator, Treasurer, Deputy Clerk, and Office Assistant II as described in
Exhibits A,B,C, and D respectfully. Upon vote, the motion passed unanimously.
B. Approval of the October i9, 2olo, Work Study Session Minutes
Councilmember Putaansuu MOVED and Councilmember Colebank seconded the
motion to approve the October 19, 2oio, Work Study Session Minutes. Upon vote, the
motion passed with six affirmative votes and one abstaining vote. Councilmember
Clauson cast the abstaining vote.
C. Adoption of Ordinance No. 021-io, Approving Street Vacation of a Portion of the
Alley Located in the Plat of Pottery Hill Addition to Sidney
City Clerk Kirkpatrick presented the staff report, noting earlier in the meeting the Council held a
public hearing to consider a request by Mr. and Mrs. Jason Hill, to vacate a portion of City right-of-
way located in the Plat of Pottery Hill Addition to Sidney.
Councilmember Colebank MOVED and Councilmember Clauson seconded the motion
to adopt Ordinance No. o21-1o, approving the Petition to Vacate a portion of City
right-of-way located in the Plat of Pottery Hill Addition to Sidney, with the
compensation of $3,45o received for the Street Vacation to be distributed 5o/5o
between the Street Fund and the Designated Unreserved Fund Balance for Parks.
Upon vote, the motion passed with five affirmative votes and two dissenting votes.
Councilmember Chang and Putaansuu cast the two dissenting votes.
D. Adoption of Ordinance No. o22-1o, Setting the amount of Property Tax to be
Levied for Year 2oii, Including Administrative Refunds
City Treasurer Martin presented the staff report, noting on October 26, 201o, a public hearing on
revenue sources for the current expense (general fund) budget was held. The hearing included a
discussion on any increases in the property tax being considered. The ordinance reflects a 1%
increase in property taxes from 2010, showing a comparison of 2011 levy amounts to 2010 levy
amounts.
2010 levy $1633,331 2011 levy $2,5o8,587
Minutes of November 9, 2010
Page 5 of 10
1% increase
-o-
1% increase
23,044
New constructions
45,841
New constructions
64,668
Annexation
827,412
Annexation
27,794
Total Taxes
$2,5o6,585
Total Taxes
$2,623,093
Refunds
1,991
Refunds & Abatements
2,114
Total 2010
$2,508,587
Total 2010
$2,626,207
Further, Treasurer Martin clarified that the 2o11 levy annexation amount is an estimate until final
the levy calculation is completed by the Kitsap County Assessor's Office.
Projected 2011 levy rate 2.111387 calculates a tax Of $211.14 on a house assessed value of $ioo,000.
In response to Councilmember Chang, City Treasurer indicated the two largest revenue sources of
the City is the property and sales tax which share all the lined expenses including the largest
expenses of the 2% cost of living COLA increase, increased in medical cost, and three additional
police vehicles to help with public safety; and the 1% increase is not going to anything particular it
will help the City not fall behind in not keeping up with the rising inflation costs.
Councilmember Chang voiced his opposition as he remained uncertain as to where the increased
property tax is applied to and whether or not the need exists.
Councilmember Colebank voiced his opposition of increasing taxes to the citizens of Port Orchard.
Councilmember Putaansuu MOVED and Councilmember Clauson seconded the
motion to adopt Ordinance No. 022-10, to set the 2011 property tax levy and the
amount of property taxes to be raised for the budget year of 2011. Upon vote, the
motion passed with five affirmative votes and two dissenting votes.
Councilmembers Colebank and Chang cast the two dissenting votes.
E. Adoption of Resolution No. 039-10, Approving a Special Funding Allocation From
the Community Events Fund 107 and Authorizing any 20io Ending Cash Balance to be
Carried over as Reserves for 2011
City Clerk Kirkpatrick presented the staff report, noting the Community Events Fund 107, which is
the Hotel/Motel Tax fund, would have an estimated ending 2010 cash balance of $32,000. In
discussing this matter with the Committee Chair Fred Chang, staff was directed to call a meeting of
the Lodging Tax Advisory Committee to review a special request received from Councilmember
Childs for the Festival of Chimes and Lights. A copy of the Committee's minutes has been provided
to the Council. The applicant has requested an additional $4,500 to help offset additional costs for
advertising, printing, promotion, and operational costs necessary to put on the festival, including
new decorations and the use of a boom truck to put up/take down decorations at City Hall. Based
upon the City Treasurer's projections, this will leave a carryover balance of approximately $27,500,
which the Committee recommends be put into reserves for 2011, to allow the Lodging Tax Advisory
Committee to meet in late February 2011 to discuss whether the funds should be allocated or
remain as reserves.
Minutes of November 9, 2010
Page 6 of to
In response to Councilmember Olin, Councilmember Chang indicated the Committee decided to
reserve the balance of the overage; and in February when the actual revenues come in; the
Committee will notify the applicants of the additional funding and meet to determine how funds
will be spent.
Councilmember Chang MOVED and Councilmember Childs seconded the motion to
adopt Resolution No. 039-10, approving the special funding allocation requests from
the Festival of Chimes and Lights in an amount not to exceed $4,500; and for any
ending 2oio cash balance to be put into reserves for 2oii, and to allow the Lodging
Tax Advisory Committee the opportunity to determine whether the funds should be
allocated or remain as reserves. Upon vote, the motion passed unanimously.
F. Adoption of Resolution No. 040-10, Authorizing the Mayor to Execute a
Development Agreement with GEM 1, LLC for the Development Standards and
Processing of the McCormick North Platt, Division III
Development Director Weaver presented the staff reporting, noting the City and GEM 1 desire to
enter into a Development Agreement, as authorized by RCW 36.7oB.170, which will establish
procedures and standards for the review and approval of McCormick North Phase III. This
Agreement is intended to set forth the uses that will be permitted on the Property, the development
standards that will apply, the period of time within which the development standards will apply,
and the method and manner in which it may be developed. The McCormick North Division III is a
Preliminary Plat consisting of 129 acres. Within the boundaries of this project are four zoning
designations, Greenbelt, Residential 20 units per acre (R-20), Employment (Eo) and Mixed Use
Development Mxd). Proposed development within the R-20 zone includes 159 single-family units
and two future development tracts for a total density range of 255- 459 dwelling units. In addition
to the residential lots eighteen non-residential lots for commercial development will be created in
the Employment Industrial zoning designation.
Councilmember Olin MOVED and Councilmember Colebank seconded the motion to
adopt Resolution No. 040-10, authorizing the Mayor to enter into a Development
Agreement between the City and GEM 1. Upon vote, the motion passed unanimously.
G. Approval of Contract No. o66-1o, Relating to Development Agreement for Transfer
Development Rights (TDR) Grant Program with the Department of Commerce
Development Director Weaver presented the staff report, noting the Port Orchard Planning
Department was awarded by the Washington State Department of Commerce a $97,000 planning
grant to study a potential Transfer of Development Rights (TDR) Program. A prerequisite for the
completion of the grant agreement is a development agreement, directing the Port Orchard
Planning Department to pursue and analyze a potential TDR program as part of the 2011
Department work program. The contract has been reviewed by the City Attorney for a development
agreement with the Department of Commerce in establishing the scope of work and deliverables for
a TDR grant submitted in combination with a subsequent signed grant agreement.
Councilmember Childs MOVED and Councilmember Colebank seconded the motion
to approve Contract No. o66-io, for a development agreement regarding Planning
Department preparation of a potential Transfer Development Rights (TDR) Grant
Minutes of November 9, 2010
Page 7 of 10
Program with the Department of Commerce. Upon vote, the motion passed
unanimously.
H. Approval of Local Agency Agreement No. 5 to Contract No. 011-05, Authorizing the
Mayor Pro-Tem to Execute Agreement No. 5, regarding the Tremont Street Widening
Project for Additional Right -of -Way Acquisitions Funds with the Washington
Department of Transportation
Public Works Director Dorsey presented the staff report, noting on September 7, 2010, the Kitsap
Regional Coordinating Council (KRCC) Executive Board approved the City of Port Orchard's
request for $250,000 in additional Tremont Street Widening right-of-way acquisition funding. On
October 1, 2010, formal notification of authorization for the City's $250,000 request was received
by Puget Sound Regional Council (PSRC) Executive Director Bob Drewel. Local Agency Supplement
No. 5, attached herewith, will be executed by WSDOT Local programs upon Council action and then
forwarded on to the Federal Highway Administration (FHWA) for obligation.
Councilmember Powers MOVED and Councilmember Olin seconded the motion to
authorize the Mayor Pro-Tempore to execute Local Agency Agreement Supplement
No. 5 to Contract No. 011-05, as required to obligate the additional $250,000 in right-
of-way acquisition funding for the Tremont Street Widening Project. Upon vote, the
motion passed with six affirmative votes and one abstaining vote. Councilmember
Colebank cast the abstaining vote.
I. Approval of Contract No. o67-io, Authorizing the Mayor to Execute an Agreement
with CodePros for Building Code Inspection Services
Development Director Weaver presented the staff report, noting the City of Port Orchard was
approached by CodePros regarding provision of supplemental building inspection and plan check
services. These services would be available to the development community upon request via the
Expedited Permit Process under Port Orchard Municipal Code or to supplement vacancies due to
sickness or vacation based upon the Departments' reliance upon a single building inspector. The
contract would allow an additional option for needed building inspections during periods where the
City Building Inspector is unavailable. The resulting contract would ensure that the supplemental
inspection or plan check services provided by CodePros would be compliant with City code and
similar for equitable services provided by other contractors. The contract was reviewed by the City
Attorney on November 1, 2010.
Councilmember Putaansuu MOVED and Councilmember Colebank seconded the
motion to approve of Contract o67-io, authorizing the Mayor to sign an agreement
with CodePros for on -call building inspection and plan check services effective
November 1, 2010. Upon vote, the motion passed unanimously.
J. Approval of the South Kitsap Water Reclamation Facility's 2011 Budget
City Treasurer Martin presented the staff report, noting the purposed 2011 South Kitsap Water
Reclamation Facility Budget is presented for Council approval. The proposed budget reflects
$2,704,700 in revenues (not including grants), inclusive of the City's contribution of $1oo,000 and
Minutes of November 9, 2010
Page 8 of 10
$1,285,100, totaling $1,385,1oo. The expenditure budget is $1,896,9oo. The capital Improvement
portion of the budget is $95,000.
Councilmember Colebank MOVED and Councilmember Clauson seconded the motion
to approve the 2oii South Kitsap Water Reclamation Facility Budget. Upon vote, the
motion passed unanimously.
Councilmember Olin MOVED and Councilmember Colebank seconded the motion to
excuse Councilmember Powers from the November 23, 2010, Council meeting. Upon
vote, the motion passed unanimously.
8. CITIZENS COMMENTS
Jerry Harmon requested that the Council take into consideration the services provided to the
citizens and what is in the best interest of our community when deciding on whether or not to
increase taxes.
9. COMMITTEE REPORTS
Councilmember Olin reported the Public Properties Committee received a proposal from the Port of
Bremerton regarding taking over ownership of the Water Street boat ramp, which the Committee
was not recommending. Further, Councilmember Olin requested the Council make a determination
on which option to pursue for the Bay Street Pedestrian Pathway to assist staff in moving forward
with obtaining grant funding for the project.
Councilmember Olin MOVED and Councilmember Powers seconded the motion that
the City move to direct staff to complete the Bay Street Pedestrian Pathway to include
Alternate No. i for that portion of the pathway leading from Peninsula Feed along Bay
Street towards Comfort Inn. Upon vote, the motion passed with six affirmative votes
and one abstaining vote. Councilmember Childs cast the abstaining vote.
Mayor Coppola read an email he received from a citizen who voiced their opposition of the Port of
Bremerton taking ownership of the Water Street boat ramp.
Councilmember Putaansuu reported the Utilities Committee will be looking into ways to help fund
infrastructures to bring the new wells online in 2011.
Councilmember Childs announced the Economic Development Tourism Committee will be held on
November 10, 201o, at 5:30 p.m. at City Hall.
io. MAYOR'S REPORT
The Mayor Coppola reported on the following:
• Attend the Good Roads Committee in Olalla regarding the City's priorities for the roads in
2011;
Attended Association of Washington Cities Regional meeting;
Minutes of November 9, 2010
Page 9 of 10
• Attend the Kitsap Regional Coordinating Council retreat to discuss the 2011 goals and
priorities;
• Met Kitsap Transit regarding their 2011 budget;
• Attended the Kitsap Regional Coordinating Council Board meeting;
• Attended the Board of Health Board meeting;
• Attended the Kitsap County Housing Authority Board meeting;
• Meet with Delilah and Patty Gregory from Bellville, IL regarding bringing a festival to the
City;
• Met with the Finance Committee and Department Directors regarding the City's 2011
budget;
• Met with Kitsap County Housing Authority Executive Director and Treasurer regarding the
renewing a line of credit;
• Met with a constituent regarding an Economic Development idea;
• Met with the executive committee of the Kitsap Regional Coordinating Council regarding
the 2011 schedule and work plan; and
• Met with a group of downtown business owners regarding sign regulations.
n. REPORT OF DEPARTMENT DIRECTORS
Public Works Director Dorsey provided an update on the Tremont Corridor indicating that the
approximately 6o% of the right -of way acquisitions are acquired and working to provide the PS&E
specifications and plans to Olympia for review; the Bay Street Seawall project passed the file review
from Washington Department of Transportation; and the Tremont/Pottery water issue is still in
review.
Development Director Weaver provided an update on the Kitsap County Planning Commission
meeting regarding the McCormick reservoir and the two McCormick Stormwater ponds. He noted
the County Planning Commission supported the parcels to be included in the Urban Growth Area,
which allows us to bring the parcel we own into the City.
City Treasurer Martin met with Kitsap Transit and a Credit Card specialist regarding the security of
credit cards and movement of money and found the meeting to be productive; and thanked the
Council for their comments on taxation and budgets, which he found to be thoughtful.
At 9:14 p.m. Mayor Coppola reconvened the meeting after a 5-minute recess.
12. EXECUTIVE SESSION
At 9:19 p.m. Mayor Coppola recessed the meeting for a 15-minute executive session regarding
potential litigation in accordance with RCW 42.30.11o(B). City Attorney Jacoby and City Clerk
Kirkpatrick were invited to attend and the Mayor announced that no action would be taken as a
result of the executive session.
At 9:34 p.m. Mayor reconvened Council back into regular session.
13. ADJOURNMENT
At 9:34 p.m. Mayor Coppola adjourned the meeting.
Minutes of November 9, 2010
Page io of io
Patricia J. Kirkpatrick, MMC, City Clerk Lary Coppola, Mayor
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Consent Agenda 4C
Subject: Approval of Contract No. o17-io,
Authorizing the Mayor to Execute
the Revised Interlocal Agreement
With Kitsap County Regarding
Stormwater within the McCormick
Urban Village
Meeting Date: November 23, 2010
Prepared by: Mark R. Dorsey, P.E.
Public Works Director
Atty Routing No: 144-10
Atty Review Date: November 19, 2010
Summary: On March 23, 2010 the Port Orchard City Council authorized the Mayor to sign the
Interlocal Agreement (ILA) 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. C017-10.) In August, City staff was told that the County's risk management
department would not approve the ILA for the Commissioners' signature unless the joint
indemnity provision was reduced from 10 years to 3 years from the effective date. On October 11,
2010 the Kitsap County Board of Commissioners executed the "revised" ILA. No other changes
were made to the ILA.
Background: 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. Since the
annexation of McCormick Woods, 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.
Recommendation: Staff recommends the City Council authorize the Mayor to sign the revised
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.
Motion for consideration: I move to authorize the Mayor to sign the revised 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
Attachments: Interlocal Agreement No. 017-10
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
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").
RECITALS
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 three 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 three 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.SeverabilitV. 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. Ok
LL ,,,, ,,
DATED this _ day of , 2010. DATED this [rday of0014— 010.
CITY OF PORT ORCHARD
Lary Coppola, Mayor
KITSAP COUNTY BOARD OF
COMMISSIONERS
Jos r
rown, Chair
Stormwater ILA
Page 6 of 7
ATTEST:
Patricia Kirkpatrick, City Clerk
APPROVED AS TO FORM
Gregory A. Jacoby, City Attorney
NOT PRESENT
Steve Bauer, Commissioner
__-�
LA , 16---
Charlotte Garrido, Commissioner
ATTEST:
O al Robertson, Clerk o he Board
APPROVED AS TO FORM:
0
Shelley K ip, Deputy Pro6ecutor
Stormwater ILA
Page 7 of 7
Return Address:
IIIII 111 1��111 1111 P111 III 1�1111111I @00 2095? l0 5 8P9
MCCORMICK LAND CO RGMT $47.00 Kitsrp Cc, WA
McCormick Land Company
4978 SW Lake Flora Rd
Port Orchard, WA 98367
AUDITORIRECORDER SINDEXING F0
O
Document L Development Agreement
Title s :
�-6r^'M 1vw1
Reference Number(s) of Documents assigned or
released:
NA
Grantor(s) I. Kitsap County
Additional names on a e o
current.
Grantee(s) I. GEM LLC
Additional names on age
f oc
Legal Portions the NE and S . n SW' i
Description: the SW quarter and io o thl e .
abbreviated) I East, Willamet ian, ' sa
s the NW quarter and portions of the NE and SE quarters of
uarter of the SE quarter of Section 5. Township 23 North. Range
'ounty, Washington
Addittonallegal is on es of document.
Assessor's Prope x e cc unt-N mber:
052301-2-012-2005,052301-2-025-2000,052301-3-037-
2004,052301-4-017-2006,052301-4.018-2005
RESOLUTION / 3 5' - 2005
A RESOLUTION RECOGNIZING THE ADOPTION OF DEVE
ACREEMENTS ASSOCIATEDWt TH THE i'JMCCORMICktNORTH
AND THE MCCORMICK URBAN VILLAGE
WHEREAS Kitsap County Code Section 21.04.110(D) autha
Board of Commissioners to approve development agreements under Ri
and
WHEREAS RCW 36.70B.170, et, seq., authorizes coon it s to
agreements with owners of real property'; and
WHEREAS RCW 36.70B.200 requires that
by ordinance or resolution after a public hearing an
public hearing; and
WHEREAS GEM 1, LLC, by
requested approval of, inter alia, the N
Village Open Space, Parks and Rey
Transportation Plan, along with three assi
(1) Development Agreement for
tI
2) to be executed beleen E
District, and lc�
the
et. seq.;
a rieveiopment agreement
examiner to conduct that
;h its ageiif� McCormick Land Company
North Master Plan, the McCormick Urban
;land the McCormick Urban Village
ent agreements described as follows;
`(or McCormick North Master PlanPhase
ity, GEM 1, and the South Kitsap School
(2) Development Agree nt or Space, Parks and Recreation (for McCormick
Urban Village) to b ecut a ben Kitsap County and GEM 1, and
(3) DevelopA e t for ansportatlon (for McCormick Urban Village) to be
executed twAs , ty and GEM 1; and
wHE A7hean
Counity Hearing Examiner held open record public hearings on
November 18, 2 dber 9, 2004, and the Kitsap County Board of Commissioners
hold closed recor Igs on March 14, 2005 and on April 25, 2005 regarding, inter
olio, the appr7�1 'tl�e nd the development agreements; and
wlt r� AS th itsap County Board of Commissioners issued a final written decision
on May 2 ed hereto as Exhibit A) formally approving all three development
agreesx z< 'YB� as well as the plans and associated applications.
I�IIIIIIIII�lllll�ltll'I�il�llll�'IIIIIIII'�II� 00510210279p 1
MCCORHICK LRNO CO p
1111111110/21/�005 02
RGMi J4?.d0 :58P
Kitsap Co. 4lll
NOW THEREFORE, BE IT RESOLVED:
The Kitsap County Board of Commissioners recognizes the May 9, 2005 approvals of the
Development Agreement for Stormwater, the Development Agreement for Open Space, Parks,
and Recreation, and the Development Agreement for Transportation. n
ATTEST:
BOARD OF COUNTY"
'`•............. 1.
im
9°�!LsaI1N„G;�O�* Tan
O
Op Robertson Patty Lent,
Clerk of the Board
0
a
ova
Chair
COPY
9
11111111111111111111111111111111111GMT1111111111111111 Page: 3 of 16
0//211/2005 u002 58P
DEVELOPMENT AGREEMENT FOR STORMWATER
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into between Kitsap
County, a Washington municipal corporation ("the County"), the South Kitsap School District
("the School District"), a Washington municipal corporation, and GEM 1, a Washi ton limited
liability company, as Assignee of McCormick Land Company, Inc. (hereinafter forpdtposes of
this Agreement "GEM 1" ). \
RECITALS
WHEREAS, GEM I is the owner and developer of a parcel of o ertkei�
th IC7tsa
County known as the Bailey Creek subbasin, which is a portion of a la the Soth
Kitsap Urban Growth Area known as McCormick North. The Ba' a reislocated
in the general vicinity of Old Clifton Road and Feigley Road, d is s o site plan
attached as Appendix A; and
WHEREAS, the School District is in the proc s of acgiriri ce ain property from GEM
1 and such other lands within the Bailey Creek s9b*in (the "IC ool Site") as illustratively
shown on Appendix A and described in Appendix B;
WHEREAS, GEM 1 is in the proc s of preparin� plar�for the development of those
portions of the Bailey Creek subbasin while wns (the School Site, described in Appendix B,
and the GEM 1 Development, described in Ap dix C), and has submitted an application for
Master Plan approval under Application 0 ?�j ("Master Plan Application") for the
development of McCormick North Phas c o North Phase II"), pursuant to Kitsap
County Code Chapter 17.428, which met es a' Creek subbasin; and
WHEREAS, GEM 1 inten t co tru a regional stormwater control facility (the
"Regional Stormwater Facility" t rovide stormwater runoff quantity control and
stormwater runoff quality trea nt or e anticipated development in the portions of the
Bailey Creek subbasin at be to G 1 and its successors, including the School Site and
land to be dedicate 1 ap County for Right -of -Way commonly known as
relocated Feigley R It s to ppendix A; and
WHERE has applied for a Site Development Activity Permit under
Application No. 0, 5 (" Application" or "SDAP Permit") for the construction of the
Regional Stormwater cc t as well as construction of the relocation of Feigley Road together
with its Mast r� piic�iion for McCormick North Phase II. The construction plans and
analysis ("C tructio ' lans") for the SDAP Application are required to be prepared and have
been prepare rsuan t with Title 12 of the Kitsap County Code by Norman L. Olson II, P.E.,
a civil a 'n a 'c a in the State of Washington ("Olson"); and
HE , in accordance with Title 12 of the Kitsap County Code, a technical study of
the 9' n l Stormwater Facility ("Technical Study") has also been prepared by Olson and was
�u tted GEM 1's SDAP Application. When the Technical Study and the Construction
1200510210279
f 16
MCCORNICK ITIIIIIIllllLAND CO 110/21/2005R 58P
FEN 0 Kitsap Co, WR
Plans have received final approval by Kitsap County, it will serve as the basis for the design and
construction of the Regional Stormwater Facility; and
WHEREAS, Kitsap County is reviewing GEM 1's SD" Application for compliance
with Title 12 of the Kitsap County Code and all other relevant requirements cunenUt�in effect as.
of the date of application for the SDAP; and \� �
WHEREAS, construction by GEM 1 of a Regional Stormwater Facllr f r ailey
Creek subbasin and construction by GEM I of the intersection of Old Cli and_releboated
Feigley Road provides a public benefit to the Comity in that (i) GEM 1 ' 1 be t expetis of
relocating Feigley Road, which will provide an improved public trap tion s s em, and (ii)
GEM I will bear the expense of constructing a Regional Stormwat a r t will provide
stormwater management through, a combined Stormwater facility �1 0 ies and the
public road system in lieu of individual stormwater systems; and
WHEREAS, allowing the School District to tirLe t{e Re�i nal�tormwater Facility as
provided herein will make it more economically f a rble, and t efore more likely, that the
School District will be able to construct needed scho 1 to serve So Kitsap County; and
WHEREAS, the School District and GEM 1 b k� Ip to that development of their
respective properties in the Bailey Creek su�sin will occur over a period of years, and
WHEREAS, the parties wish to have
Facility is constructed, it will be usable fo> t
the Bailey Creek subbasin, including the
WHEREAS, RCW 36.70)
agreements with owners of real r013 1
standards and other provisions t-s all
as a "build -out or vesting perio or appl
that if the Regional Stormwater
ment of the GEM I properties in
I.,1thorizes counties to enter into development
establish, among other things, the "development
to and govern and vest the development" as well
standards."
OAGREEMENT
NOW, THE4�E, t puUnty, the School District, and GEM I agree as follows:
GEM sin dM Construction of Regional Stormwater Facility: GEM 1 has
desi an colistruct a Regional Stormwater Facility for the portions of the Bailey
Cree ubbasin t at it owns, including the School Site and land to be dedicated to the
Coon rZ -of-Way. Such design and construction shall comply with the standards
n ai e ' ltle 12 of the Kitsap County Code and such other applicable Kitsap County
develaii, �t regulations in effect at the time that GEM 1 applied for a SDAP Permit for
e cons ction of the Regional Stormwater Facility. The capacity of the Regional
ftQfmwater Facility shall be determined based on the Technical Study prepared by Olson
o Appproval by the County.
IIIIIIIlIf�IIIIIIiIIIllillllllllllllllllllllllfllillll 0a0 100 f 116p 9
RGMT $47.00 Kitsap Co, WR
For purposes of this Agreement, "Regional Stormwater Facility" shall mean the
stormwater runoff quantity control and stormwater runoff quality treatment facilities and
associated conveyance facilities to be constructed pursuant to Site Development Activity
Permit Application No. 0418785 located within easements or tracts dedicated to Kitsap
County.
2. Con"Ity Review nurl Approval o:' Regional Stop• >>vaater Facliity: The C°a ity will
review and approve, with conditions as appropriate, the Regional Stoll w 3'ty if it
complies with the standards contained in Title 12 of the Kitsap on de ther
applicable Kitsap County development regulations in effect at the ' e I sub i ted
its SDAP Application. Approval is further contingent on GE btainin ast Ian
approval for McCormick North Phase II.
3. Determination of Capacity of Regional Stormwater Fa 1 Ity of d As part of
nc
the design of the Regional Stormwater Facility, the Sch o Distas determined that
the following development represents the max' evel the School Site for
stormwater control purposes:
3.1 25 acres of impervious surface;
3.2 13 acres of underdrained or all weather a an
3.3 21 acres of pervious surface.
0
5.
These surface areas are assumed
determining total capacity of the Re
be entitled to use the Regional S
Site; provided, however, to the e t n
the School District shall 15 tc ui
the time of application for veb
Section 6.3 below. The rieve n
Master Plan for
effect at the tim
for stormwat r;
in Title 12 ot�tli
n%owateraFacility.
hnicl Sudy prepared by Olson in
��a] Tho School District shall
aity for any development on the School
de7
lopment exceeds the above surface areas,
10 y with all stormwater regulations in effect at
nr pemrit except as otherwise set forth under
on the School Site must also comply with the
3e 11 and all applicable development regulations in
-lopment is submitted, excluding the requirements
and stormwater runoff quality treatment set forth
Vetermipd ip <lf\t pacitf of Regional Stormwater Facility — Roads: The total
capacity o tii Regl Stormwater Facility shall include the amount of stormwater
runoff fromrolgs rd land to be dedicated to the County for Right -of -Way.
itfo Capacity of Regional Stormwater Facility — GEM 1 Development:
all b ntitled to develop its property in the Bailey Creek subbasin using the
"water Facility to the extent that the demand on the Regional Stormwater
es not exceed the total capacity of the Facility after deduction of the capacity
s the School District pursuant to Section 3 and to roads and dedicated land
Section 4, above, so long as such development complies with the Master Plan
nick North Phase II and all applicable development regulations in effect at the
pplication for development is submitted, excluding the requirements for
runoff quantity control and stormwater runoff quality treatment set forth in
110111111111111111111 �g° 200 216 of is P9
1T U .00 Kitsap Co, pR
Title 12 of the Kitsap County Code. Total capacity includes the development of the
School Site identified in Section 3 of this Agreement and the runoff from roads identified
in Section 4 of this Agreement.
Development Limits: GEM 1 and the School District shall be permitted to clop their
properties in the Bailey Creek subbasin without the constrt�.ction of additional t watc
i.
runoff reiention/detention or water quality control facilities, except as oflte ise vided
herein, so long as:
6.1 The total square footage of development allowed on tji@ chool \ to shai) not
exceed the square footages set forth in Section 3, above.
6.2 The total development allowed on the GEM 1(ckoedt�lhc
p y iley Creek
subbasin, not including the School Site, shall not ec acit determined
pursuant to Section 5, above. / 7
6.3 Both GEM 1 and the School Dislri t ay utilize�t\ hniques for reducing total
stormwater runoff as may be alto wed by Kits ounty Cosuch as the use of pervious
surfaces, infiltration systems, or other such m o of r mg total stormwater runoff.
In the event such techniques are used, the total de lopme t permitted on their respective
properties may be increased, provi a demand on the Regional Stormwater Facility
shall not exceed the capacity determin6dptirsuant to Sections 3, 4 and 5, above.
7. Vesting Rules: This Agreemen ha 1 mr�n effect and the GEM i and School
District developments shall be c n id o vested against changes in Title 12 of the
Kitsap County Code, as f 1�Tows:
7.1 This Agreements all effect and GEM 1 shall be considered to be
vested against changes (le �jthe Kitsap County Code for a period of ten (Io)
Years after the d to of ster Plt approval for McCormick North Phase I1. This period
may be exte f r o e 1) year period in accordance with the procedures and
requirement f a \ unty- ode 17.428.110 in effect at the time the extension is
7.2 Thl' A eeme t shall remain in effect and the School District shall be considered
to be veste�ggichanges to Title 12 of the Kitsap County Code for a period of ten
(10) y s a tpte�te of Master Plan approval for McCormick North Phase II. This
perio ay� tended for two (2) separate five-year periods in accordance with the
proc d es anddr quirements of Kitsap County Code 17.428.110 in effect at the time the
e ns �a- gMquested, except that the Hearing Examiner's decision shall be a
yeo on on to the Board of County Commissioners based on KCC 17.428.110 and
the B of County Commissioners shall make the final decision. In reviewing the
ool District's application for an extension and the criteria for an extension under KCC
"442§.110: (i) the Hearing Examiner shall liberally construe the factual circumstances
F
c constitute tangible progress; for example, any planning, land use application, or
elopment activity by the School District, including but not limited to internal planning
111111111111111111111111111111111111111111111111111111III 00028 16
025P9
Kitsap Co, w
111
processes, shall constitute evidence of tangible progress and the failure to pass a bond
election shall not conclusively mean tangible progress has not been shown; and (ii) the
expiration of the Master Plan approval for McCormick North Phase 1I at the time of any
application for a second five (5) year extension, shall have no relevancy in determining
whether to recommend approval of the second five (5) year extension request,
7.3 To the extent that either GEM 1. or -the School District does y fo
development or building permits for all or a portion of their respectiv r e t> within
the time periods, including any extension, set forth in Sections 6.1 6. , h unty
shall have the authority to require additional stormwater control i rov is as r be
required by Title 12 of the Kitsap County Code or other applicalyl egulatr n in e t at
the time of such application. \
Ownership, Maintenance and Repair:
8.1 GEM 1 shall initially own, operate, mai n d r essary the Regional
Stormwater Facility. Prior to the issuance o e SDAP P EM 1 shall post and
maintain a construction bond pursuant teo 1t e 12 of th tsap County Code. After
construction of the Regional Stormwater Fa has bee ompleted and approved by
Kitsap County, GEM 1 shall post a two (2) y n inte e bond pursuant to Title 12,
the amount of which shall be ten percent (lo% ctual construction cost of the
Regional Stormwater Facility. construction cost of the facilities requiring
maintenance shall be determined by t ect engineer, subject to the approval of the
Public Works Director. At the end o e year period, the County will assume the
ownership; operation, mainten rep of the Regional Stormwater Facility
provided all of the conditions set rth�b){low�ar� satisfied.
8.1.1 The Regional St6 acf t
mate Fy has been inspected and approved by the
County and has been i i c�t operation for at least two years;
8.1.2 Anyart the Re i nal Stormwater Facility that has been repaired or
reconstruct d i�beep ro t by the County;
8.1.3 hit :on�armwater Facility, as designed and constructed, conforms to
Title 1 t ap my Code in effect when the SDAP Permit was submitted;
81.4 uir easements and tracts have been conveyed to the County and
had ee ePal
c�d with the County Auditor;
2An oration and maintenance manual, including a maintenance schedule, has
u 1 ed to and accepted by the County;
8A complete and accurate set of reproducible mylar as -built drawings has been
provr ed to the County; and
Illilll lllllllllllllllllllll lllll� IIO�IIIIIIIIIIIIIIIII 000 20052 0fi2 58PMCCORMICK LAND CO RGNT g
0 Kitsap Co, WA
VJ
8.1.7 In lieu of the requirement set forth in Kitsap County Code 12.24,030(1) that
80% of the entire parcel served by the Regional Stormwater Facility be constructed
prior to the County's acceptance of ownership and maintenance responsibility of the
Regional Stormwater Facility, the following shall be conditions imposed on
development of the. GEM 1 property, including the School Site: ( 7
8.1.7(i) Fox each preliminary plat application submitted -Gy Vi ll or its
successors within McCormick North Phase 11, a maintenance b nd s I e sted
and maintained in the same amount as the ten percent (1 / cons c 'on
cost of the Regional Stormwater Facility as previously( teimin urs to
Section 8.1, for the purpose of providing security agairi t rrA o damage to
that Facility during construction of plat improvemen s bQn all remain in
effect until 80% of the lots within the prelimin plat a e 6a� onstnicted.
This bond shall be in addition to the mainte ce bo requ ed for any
stormwater and road improvements to con tru to .p of the preliminary
plat which are not components of the R6,jdonal Storm er- acility_
8.1.7(ii) For each building permit �sued to
District shall provide a two (2) year
ten (10%) percent of the constructic
previously determined puts to
security against the risk of dI
District's improvements. T bo
for stormwater and road i
development which are n70io�l
8.2 The School District 1 pL)�-�tffnn and Surface Water Maintenance Pees
("SSWM Fee"), includHaffittiame
u ts, if any, in accordance with the provisions of
Chapter 12.40 of the Ki �e in effect at the time the SSWM Fee is required
to be paid for colilinued of the Regional Stormwater Facility by the County.
District, the School
in elat�nat a in the same amount as the
i cost a gional Stormwater Facility as
Section 8.1, for the purpose of providing
re to that Facility during construction of
s Il be in addition to any security required
i to be constructed as part of the District's
Regional Stormwater Facility.
Indemnity. �� l st�xterripermitted by law, GEM 1 shall indemnify, defend and
hold h e s e oun tits elected and appointed officials, officers, employees and
agents, o: At! i st 6111 1 ims arising out of or resulting froth (1) the design or
constructio f tthNSgii nal Stormwater Facility to the extent of any claim that the
Facility w n Ti signed or constructed in compliance with the requirements of the
Kitsap uc, Water Manual and other applicable rules and regulations, or (2)
any igent 'ntenance or repairs that were performed by GEM 1 prior to assumption
of o hip maintenance of the Regional Stormwater Facility by Kitsap County.
in r�i n' tion obligation shall not extend to claims arising as the result of alleged
a q ties in the Kitsap County Surface Water Manual. Nothing herein shall be
onstru either shortening or extending any applicable statute of repose or limitations
�h t may apply to the design, construction or maintenance of the Regional Stormwater
Fa�yli�y. "Claim" means any financial loss, claim, suit, action, damage or expense,
1 clu ing but not limited to attorneys' fees, attributable to injury, sickness, disease or
ath, or damage to property
1111111111111111111111111111111111111111111111111111111 200510210279
MCCORMICK LRNO CO 021/2805 OP-58P
AGMs $42.08 Kiisap Co, NR
10. 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, the School District and GEM 1 (provided the signature of
the, School District will not be required if the change does not affect in any manner the
School Site, development of the School Site, or the rights or obligations e School
District under this Agreement). No purported or alleged waiver of a-,iy of th ovis o is
of this Agreement sliall be binding or effective unless in writing and s' party
against whom it is sought to be enforced.
11. Serious Threat to Public Health and Safety. Pursuant to 36. 170( the
County reserves the authority to impose new or different r ions the extent
required by a serious threat to public health and safety.
12. Binding Effect. This Agreement shall be recorded with Kitsap unty uditor. The
recording date shall be the effective date of this ee on e A ement shall inure to
the benefit of and be binding upon the heir , ersonal re r to Ives, successors and
assigns of the parties hereto and shall he
(t e propertie scribed under Appendix B
(School Site) and Appendix C (GEM 1 Deve o ment), pro i ed that the indemnification
obligation of GEM 1 established pursuant to S tr 9 of Agreement shall be binding
solely on the corporate successors and assigns o 1 t shall not be binding on the
School District, any homeowner's ss ciation created by GEM I or on purchasers of
individual lots in the GEM 1 Devi tleniti
13,
Relationship of the Parties.
any other agreements, cone)
herein shall be construed
joint venturers, or to render
the other parties, it being tilt
set forth herein with re
subbasin. //
14. Applicable
accordano
Develop
Orchard,
15. Multiple-0
shall bc,&e
16.
k-40 other provision of this Agreement, or
7 11s which may derive herefrom, nothing
/the School District or GEM 1 partners or
liable for any of the debts or obligations of
Agreement merely to create the agreements
Stormwater Facility for the Bailey Creek
_--Ms Agreement shall be governed by and construed in
the State of Washington. Any action with respect to this
hli be brought in Kitsap County Superior Court, Port
Agreement may be executed in multiple copies, each of which
ett the captions throughout this Agreement are for convenience and
e and the words contained in them shall not be held to expand, modify,
aid in the interpretation, construction or meaning of this Agreement. All
ieo have been represented by legal counsel and accordingly hereby waive the
rule of construction that an agreement shall be construed against its drafter.
11101111111111111111111111 2e0 uA�58P9
p
17. Attorney's Fees. In the event that any party to this Agreement brings a lawsuit against
any 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.
IN WITNESS WHEREOF, this Agreement was executed by the parties oil the dates
here:';zatier indicated. \ \\
DATED this A � /A day of _ !t ,Dp C L ___ , 2005
"4
ATTEST:
0 P g.-, tAMt;1z---
Opal Robertson
Clerk of the Board
APPROVED AS TO FORM:
KITSAP COUNTY
a
COPY
111111111101111111111 KOopFC056Uflo 58P
MCCORMICK LWO CO
SOUTH KITSAP SCHOOL DISTRICT
�r
Dr. BeverlY Cheney
Superintendent
Date: zZ 20t�S
STATE OF WASHINGTON
COUNTY OF KITSAP
I certify that I have satisfactory evidence
appeared before me, and said person acknowledge
stated that she was authorized to execute the ins
School District for the purposes mentioned in
Superintendent of the South Kitsap School District
SUBSCRIBED AND SWORN to
heney is the person who
s instrument, and on oath
and voluntary act of the
acknowledged it as the
.NOTARY PUBLIC in an
Washington, residing at I
My appointment expires:
COPY
IIIIIIIIIIIIIIII�tIIIIItI�tI�II�Illllllll�ll��IIIIIII! Q510 f10279
MCCGRMICK LAND Co RCMP f47,00 Kitsap2Co5 Nfl 2 58F
GEM 1, LLC
By: "rzn I� c ,
Its: Mant y g Memk>n:
Date:
STATE OF W133�-FW6TON
COUNTY OF 3H��
I certify that I know of have satisfactory ev c
who appeared before me, and said person acknowld
oath stated that he/she was authorized to execute
tv, Memirer of GEM 1, LLC to be the fee
purposes mentioned in the instrument.
SU13SQRMED AND SWORN to
APPROVED AS TO
VD,VJQ1(01T is the person
signed this instrument, on
nd acknowledge it as the
act of such party for the
day of*LL__2005.
NOTARY PUBLIC in and for the State of
Washington,residing at RkyN¢ o
My appointment expires: of /ol /pq
11111111111111111111111111111111 1I1 11111111111 10 OPCR B0o5�0258P
ADDENDUM "A"
NOT TO SCALE
IIIIIIIIIIIIIIIIIIIIIIII►11IIIIIIIIIII���IIIIIIIIIIn 10 21('2605°fG^s
MCCORMICK LAND CO RGMT W.60 Kitsap Co, pR
APPENDIX B
SCHOOL SITE LEGAL DESCRIPTION
That portion of the East half of the Southwest quarter of Section 5, Township 23
1 East, W.M., in Kitsap County, Washington, described as follows:
Beginning at the Southeast comer of the Southwest quarter of said Section hen Tn
88°34'43" West along the South line thereof a distance of 100.04 feet to e e line o
East 100 feet of said Southwest quarter; thence North 2°58'S2" East a g sai st lin a
distance of 30.01 feet to the North right-of-way margin of SW Old "ft Roa eing the
True Point of Beginning; thence continuing North 2°58'52" as I ng a' st line a
distance of 1910.05 feet; thence North 45°00'00" West 14.27 a o a curve,
concave to the North, having a radius of 280.00 feet from which a radius tnt 0Pd curve
bears North 15'49'18" West; thence westerly along said-curye c dis e of 382.81 feet
through a central angle of 78°19'59"; thence No 9'I8" est 6.70 feet to the
beginning of a curve to the left having a radius of 7 .00 feet; t n e along said curve an are
distance of 157.60 feet through a central angle o °50'32"; th n e South 49°53'06" West
284.40 feet; thence North 40°06'54" West 347.83 t, hence 63°29'45" West 187.92
feet; thence South 64°25'53" West 51.62 feet to the We to t East half of the Southwest
quarter of said Section 5; thence South 9'06" West along said West line a distance of
1554.46 feet; thence North 46°11't7" East feet to the beginning of a curve to the right
having a radius of 50.00 feet; thence along sai an are distance of 212.84 feet through a
central angle of 243°5345" to the begi i o c e the left having a radius of 20.00 feet;
thence along said curve an arc distan� f 1 et ough a central angle of 65°21'17" to
the beginning of a curve to the<!�t ha "n r di of 2488.82 feet; thence along said curve an
arc distance of 28.79 feet through4�centra f 0°39'46" to the West line of the East half
of the Southwest quarter of said Secti e South 2°49' 16" West along said West line a
distance of 725.50 feet to h n t- -way margin of SW Old Clifton Road being a
point on a curve, concave t t e Sou avmg a radius of 1462.39 feet from which the radius
point of said cure I So 0°16'3 " East; thence easterly along said right-of-way margin
and along said e tazt e .31 feet through a central angle of 1°41'48"; thence
South 88°34'43" on s ' right-of-way margin a distance of 1147.82 feet to the true
point of begi n /,,
The above-descfib�
Final Orde F zc
019-200 .�
includes that portion of Feigley County Road vacated under
wed January 26, 2004, under Kitsap County Resolution No.
IIIIII IIIII IIIH 111111111111111111111111111�111111 20ta of 58
MCCORMICK LAND CO RGMT $42.00 Kitsap Co, RR
APPENDIX C
GEM 1 DEVELOPMENT LEGAL DESCRIPTION
The Southeast quarter of northwest quarter of Section 5, Township 23 North,
Eas, W.M., Kisap County, Washington.
TOGETHER WITH:
LOT 8 OF LARGE LOT SUBDIVISION ACCORDING TO SUR'
UNDER AUDITOR NUMBER 8302040103 (BEING A PORTIO
HALF OF THE NORTHWEST QUARTER OF SECTION 5,
RANGE I EAST, W.M., KITSAP COUNTY. ��( (((
Section 5, Township
ction 5, Township 23
5, Township 23 North,
11IN111111111
riu,umi�N gym, ftGlii' l47.00
200510210279
Page 16 of 16
10/21/2005 02 58P
Kitsap Co, IA
EXHIBIT B: ANNEXATION A-19-09 MCCORMICK WOODS MAP
MCCORMICK STO MVd TERf ANNEXATION ADDENDUM "All
r_ r
It
NOT TO SCALE
��'���'lll� IIIIII IIII' IIIII IIIIII III'I III IIIIII III II[I 02]/2805 f Bcs50F9
MCCORMICK LAND CO ROMT sp,00 10/21/Kitsap 60 11R
APPENDIX B
SCHOOL SITE LEGAL DESCRIPTION
That portion of the East half of the Southwest quarter of Section 5, Township 23
1 East, W.M., in Kitsap County, Washington, described as follows:
Beginning at the Southeast corner of the Southwest quarter of said Section 5`, The'N
88°34'43" West along the South line thereof a distance of 100.04 feet to eja
e o
East 100 feet of said Southwest quarter; thence North 2°58'S2" East a g t lin adistance of 30.01 feet to the North right-of-way margin of SW Old ft pmg the
True Point of Beginning; thence continuing North 2°58'S2"Eas ng t line a
distance of 1810.05 feet; thence North 45°00'00" West 14.27 a curve,
concave to the North, having a radius of 280.00 feet from which a radius d curve
bears North 15°49' 18" West; thence westerly along sTd-c a dis e of 382.81 feet
through a central angle of 78°19'S9"; thence No 9'I8" est 6.70 feet to the
beginning of a curve to the left having a radius of 7 .0jhence
e along said curve an are
distance of 157.60 feet through a central angle o °5n e South 49°53'06" West
284.40 feet; thence North 40°06'54" West 347.83 t, 63°29'45" West 187.92
feet; thence South 64°25'53" West 51.62 feet to the We East half of the Southwest
quarter of said Section 5; thence South 906" West along said West line a distance of
1554.46 feet; thence North 46°11'17" East feet to the beginning of a curve to the right
having a radius of 50.00 feet; thence along sai an arc distance of 212.84 feet through a
central angle of 243°53'45" to the beginn)i e the left having a radius of 20.00 feet;
thence along said curve an arc distanck faDesSouth
et ough a central angle of 65°21'17" to
the beginning of a curve to theT ha�'n 2488.82 feet; thence along said curve an
arc distance of 28.79 feet throu h<"nt 0°39'46" to the West line of the East half
of the Southwestq2°49' 16" West along said West line a
distance of 725.50 feet to t n t- -way margin of SW Old Clifton Road being a
point on a curve, concave t t e Sou avmg a radius of 1462.39 feet from which the radius
point of said curve So 0163 " East; thence easterly along said right-of-way margin
and along said e e 3.31 feet through a central angle of 1°41'48"; thence
South 88°34'43 on s id fight -of -way margin a distance of 1147.82 feet to the true
point of begi ng
The above -des roper includes that portion of Feigley County Road vacated under
Final Orde cal' n, pproved January 26, 2004, under Kitsap County Resolution No.
O19-200 .
11111111111111111111111111111111111 llll�� IIIIII111111I 0oo50150of 258
MCCORMICK LAND CO AGMT $47.00 Kitsap Co, WR
APPENDIX C
GEM I DEVELOPMENT LEGAL DESCRIPTION
The Southeast quarter of northwest quarter of Section 5,
East, W.M., Kitsap County, Washington.
Township 23 North, Ran
\"
0210279
16 of 16
905 02 58P
AMCCORMICK LMMU LU num re�.w ...—, �o,
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6A Meeting Date:
Subject: McCormick Village Park Master Prepared by:
Plan and Preferred Alternative
Atty Routing No:
Atty Review Date:
November 23, 2010
James R. Weaver
Development Director
NA
NA
Summary: This Public hearing is for public comment and testimony related the selection of a preferred
alternative for the McCormick Village Park and for the McCormick Village Park Master Plan Draft
document.
Jones and Jones Landscape architects were the successful bidder for the McCormick Village Park Master
Plan project. Cory Parker and Mario Campos with Jones and Jones were the primary design consultants
and have done an excellent job of putting the communities' goals and objectives for the new park to
paper. It was a collaborative effort with diligent subcommittee members, and with the general public
through involvement in the development of goals and a vision for the park while acknowledging the
realities of both fiscal and land form constraints which have been coalesced into the draft Master Plan
document under discussion today.
Throughout the park planning process the Planning Department incorporated public involvement
through numerous media types and notification processes. Mailers were placed in utilities billings, flyers
were distributed, emails and meeting reminders were sent, news articles were placed in the newspaper,
online surveys were conducted, and full project and meeting information was provided on the City
Website.
This plan was considered by the Port Orchard Planning Commission. On October 18, 2o10 a public
hearing was held on the proposed draft McCormick Village Park Master Plan amendment to the
Comprehensive Plan. On October 18, 2010 the Port Orchard Planning Commission approved
unanimously, PC Resolution 005-10 recommending approval of the McCormick Village Park Preferred
Alternative and for the McCormick Village Park Master Plan Document.
City planning staff believes that the preferred alternative is a accurate reflection of community input and
clearly depicts the consideration and effort reflected in the Subcommittee meetings and comments
provided throughout the park planning process. It is the belief of the Department that the McCormick
Village Park Master Plan document before you is a product that provides the ability develop an important
City park that be utilized by all components of the city's residents and in which, the citizens of Port
Orchard residents can be proud.
Recommendation: Open the Public Hearing for the McCormick Village Park Preferred Alternative and
McCormick Village Park Master Plan document.
Fiscal Impact: None
Alternatives: Do not open the public hearing.
Attachments: Draft McCormick Village Park Master Plan Document
Planning Commission Resolution No. 005-10
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 005-10
A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING
COMMISSION AMENDING THE PORT ORCHARD COMPREHENSIVE
PLAN TO INCLUDE THE MCCORMICK VILLAGE PARK MASTER PLAN
AS SHOWN ON "EXHIBIT A".
WHEREAS, the Planning Commission has undertaken a comprehensive review of the
draft McCormick Village Park Master Plan amendment to the Port Orchard Comprehensive Plan in
order to guide McCormick Village Park development in the McCormick Woods annexation area;
and
WHEREAS, the Planning Commission held a public hearing on October 18'", 2010 which
meeting was properly noticed and open to the public, to review or amend the draft McCormick
Village Park Master Plan Comprehensive Plan Amendment as shown in "Exhibit A"; and
WHEREAS, after considering input from Planning Commission members and the public,
the Planning Commission finds that the McCormick Village Park Master Plan serves the public
health, safety, and general welfare of the citizens of Port Orchard; and
WHEREAS, the Planning Commission also finds that the McCormick Village Park Master
Plan is consistent with the goals and policies of the City's Comprehensive Plan and with the
Growth Management Act, Chapter 36.70A RCW; now, therefore,
WHEREAS, Following timely and effective notice, on October 18, 2010 the Planning
Commission closed the Public Hearing and deliberated in regards to the proposed changes for
City's Comprehensive Plan as shown in attached "Exhibit N'.
FINDINGS
The Port Orchard Planning Commission makes the following findings regarding the policy and text
amendments to the McCormick Village Park Master Plan:
1. On October 18, 2010 a public hearing was held on the proposed draft McCormick Village
Park Master Plan amendment to the Comprehensive Plan.
2. During the public hearing verbal testimony was heard in regards to the draft McCormick
Village Park Master Plan.
3. During the comment period, written comments were received and are attached herein.
4. The Planning Commission reviewed and discussed comments received, and
recommended to forward to the City Council all technical and clerical comments received
regarding the draft McCormick Village Park Master Plan for Council review and
consideration.
CONCLUSIONS
1. The Planning Commission has deliberated the merits of the proposed draft McCormick
Village Park Master Plan shown in attached "Exhibit A".
2, The Planning Commission forwards to the City Council this resolution with a
recommendation for approval of the draft McCormick Village Park Master Plan shown in
attached "Exhibit X.
3. The Planning Commission has determined that the proposed revisions to the Port Orchard
Comprehensive are consistent with the goals and policies of the 2008 Comprehensive
Plan.
4. The Planning Commission forwards to the City Council this resolution with a
recommendation for the Preferred Alternative as recommended by the McCormick Village
Subcommittee for implementation and recommendation to the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port
Orchard hereby recommends that the City Council approve the attached McCormick Village Park
Master Plan amendment to the Port Orchard Comprehensive Plan.
PASSED by the Planning Commission of the City of Port Orchard this 18th day of October, 2010.
'Eck Ashby, Planning CommJssion C airman
ATTEST:
Jar
Weaver, City Development Director
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Public Hearing 6B
Subject: Annexation of McCormick
File No. A-25-10, with Zoning and
Comprehensive Plan Designations
Meeting Date: November 23, 2010
Prepared by:
Atty Routing No:
Atty Review Date:
James R. Weaver
Development Director
NA
NA
Summary: The petitioners have submitted a Petition for Annexation, to annex three parcels
totaling approximately 112.49 acres. The parcels are located in the vicinity of Glenwood Road SW
and McCormick Woods Drive SW, within Sections io and 15, Township 23 North, Range 1 East,
W.M., Kitsap County, Washington.
This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the
io-year update of their Comprehensive Plan in December 20o6. Parcels 102301-3-0o8-2002 and
152301-2-013-2002 are currently designated Urban Low -Density Residential in the County
Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County zoning map. Parcel
152301-2-012-2003 is currently designated Public Facility in the County Comprehensive Plan and
Urban Low Residential (4-9 DU/Ac) on the County zoning map.
This annexation will bring the southern City limit to the full extent of the Urban Growth Area,
west of SR 16. The annexation contains critical areas, including a portion of Square Creek and
several small wetlands and hydric soils.
The Notice of Intent to Petition for Annexation was submitted on August 5, 2olo and reviewed by
the Port Orchard City Council at regularly scheduled meetings held on August 24, 2olo and
September 14, 2olo. The Council voted to accept the Notice of Intent and directed the applicant to
proceed with the Petition request. The complete Petition for Annexation was submitted by South
Mtsap Fire and Rescue on October 21, 2olo and by GEMi, LLC October 25, 2010.
The Port Orchard Planning Commission reviewed the Annexation request at their November 15,
2010 meeting, and approved a PC Resolution oo6-1o, recommending approval of the petition for
annexation, with Comprehensive Plan designations and zoning designations, to become effective
upon annexation.
RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become
effective upon annexation of any area which might reasonably be expected to be annexed by the
City at any future time. The December 9, 20o8 adoption of the 2oo8 Port Orchard
Comprehensive Update, Appendix A, designated future zoning and comprehensive land use
designations for areas inside the urban growth boundary but outside incorporated City limits.
Recommendation: Open the Public Hearing for the Annexation of McCormick East, File NO. A-
25-10, with Zoning and Comprehensive Plan Designations.
Fiscal Impact: None
Alternatives: Do not open the public hearing.
Attachments: Petition for Annexation, Including Map and Legal Description
Planning Commission Resolution No. oo6-10
Page 2 of 2
Public Hearing 6B Staff Report
PETITION FOR ANNEXATION
TO CITY OF PORT ORCHARD, WASHINGTON
'IT 212010
PLANNING OPOR
F ORCHARD
DEPARTMENT
Proposed Annexation Name McCormick East File No. A-25-10
The 1-lonorable Mayor and City Council:
WE, the undersigned, who are the owners of not less than sixty percent (60%) in value, according to the
assessed valuation for general taxation, of the real property legally described and geographically depicted in Exhibit
"A" attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby petition that such territory
be annexed to and made a part of the City of Port Orchard under the provisions of RCW 35.13.130 et. seq., and any
amendments thereto, of the State of Washington.
Prior to the circulation of this petition, a meeting was held on the 141h day of September, 2010, between the
initiating parties of this annexation and the Council of the City of Port Orchard, at which time the Council accepted
the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition
for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At
the meeting the Council also determined that it would require the adoption of comprehensive plan and zoning
designations, and that the City would require the assumption of indebtedness of the City by the area to be annexed
upon annexation. This is reflected by lire following quotation from the minutes of the September 14, 2010 Port
Orchard City Council Meeting:
Councilmember Clausen MOVED and Councilmenrber Putannusuu seconded the motion to
allow the applicant to modify the Notice of Intent to Petition for Annexation by expanding
the geographic area to be annexed from the two parcels initially proposed to include Fire
Station parcel as listed in the staff report and identified on the McCormick Fast Annexation
Alternative Map; to require the simultaneous adoption of a comprehensive plan for the area
to be annexed; and to require the assumption of existing city indebtedness by the area to be
annexed. Upon vote, the motion posses with six aff rinarive votes and one dissenting vole.
Comtcifntetnber Chang cast tfte dissenting vote.
WHEREFORE, petitioners pray that the City Council of the City of Port Orchard entertain this petition,
fix a date for a public hearing hereon, and cause notice of the hearing to be published in one or more issues of a
newspaper of general circulation in the City, and to post the notice in three public places specifying the time and
place of the hearing and inviting all interested persons to appear and voice approval or disapproval of the
annexation.
We, the undersigned, being owners of the real properly lying contiguous to the City of Port Orchard, Washington,
described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port
Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port
Orchard be assumed upon annexation.
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, steal I be guiltAnusdi aner.
I . Signature: /� Date:
Printed Name:
Property Address: 7990 MCCORMICK WOODS DR SW
Tax Parcel No: 152301-2.012-2003
PETITION FOR ANNEXATION OCT Z u ?9/0 (p/
TO CITY OF PORT ORCHARD, WASHINGTON CJrYOF
"CANNING &r R�yAR�
Proposed Annexation Name McCormick East File No. A-25-10
'File Honorable Mayor and City Council:
WE, the undersigned, who are the owners of not less than sixty percent (60°/u) in value, according to the
assessed valuation for general taxation, of the real properly legally described and geographically depicted in Bxhibit
"A" attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby petition that such territory
be annexed to and made a part of the City of Port Orchard under the provisions of RCW 35.13.130 el. seq., and any
amendments thereto, of the State of Washington.
Prior to the circulation of this petition, a meeting was held on the 14th day of September, 2010, between the
initiating parties of this annexation and the Council of the City of port Orchard, at which time the Council accepted
the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition
for annexation of the real properly legally described and geographically depicted in Bxhibit "A" attached hereto. At
the meeting the Council also determined that it would require the adoption of comprehensive plan and zoning
designations, and that the City world require the assumption of indebtedness of the City by the area to be annexed
upon annexation. '['his is reflected by the following quotation from the minutes of the September 14, 2010 Port
Orchard City Council Meeting:
Councilmember Clauson MOVED and Councilmeinber Putaanusun seconded the motion to
allow the applicant to modify the Notice of Intent to Petition for Annexation by expanding
file geographic area to be annexed from the two parcels initially proposed to include Fire
Statiou parcel as listed in the staff report and identified our the McCormick East Annexation
Alternative Map; to require the simultaneous adoption of a comprehensive plan for the area
to be mmexed; and to require the assumption of existing city indebtedness by fire area to be
annexed. Upon vote, the motion passes ivith six afirtnative votes and one dissenting vote.
Coancilmember Chang cast the dissenting vote.
WHEREFORE, petitioners pray that the City Council of the City of Pod Orchard entertain this petition,
fix a date for a public hearing hereon, and cause notice of the hearing to be published in one or more issues of a
newspaper of general circulation in the City, and to post the notice in three public places specifying the time and
place of file hearing and inviting all interested persons to appear and voice approval or disapproval of the
annexation.
We, the undersigned, being owners of the real properly lying contiguous to the City of Port Orchard, Washington,
described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port
Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port
Orchard be assumed upon annexation.
WARNING
livery person who signs this petition with any other than his or her true nanic, 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.
Z-. Signature:
Printed Name:
Property Address: No address on file
'Fix Parcel No: 102301-3-008-2002 & 152301-2-013-2002
Date: 1 o / 1 S /l t7
EXHIBIT A
Legal Description and Map of Properly
McCormick Past Annexation
A portion of the Southwest quarter of Section 10, Township 23 North, Range 1 East, W.M. and a portion of the
Northwest quarter of Section 15, Township 23 North, Range I East, W.M., Kitsap County, Washington; more
particularly described as follows:
BEGINNINING at the corner to Sections 9, 10, 15 and 16, Township 23 North, Range I East, W.M.;
Thence North along the West line of the Southwest quarter of the Southwest quarter of said Section 10, to the
Northwest corner thereof;
Thence Fast and leaving said West line, along the North line of said subdivision to the Northeast corner thereof;
Thence South along the East line of said subdivision to the Southeast corner thereof, said point also being the
Northwest corner of the East half of the Northwest quarter of said Section 15;
Thence East along the North line of said East half of the Northwest quarter to the Northeast corner thereof (North
quarter corner of said Section 15);
'thence South along the East line of said subdivision to the northwesterly right of way margin of Glenwood Road
SW;
Thence Southwesterly along said right of way margin to its intersection with the South line of the said East half of
the Northwest quarter;
Thence West and leaving said right of way margin, along said South line to the Southwest corner of said East half of
the Northwest quarter;
Thence North along the West line of said subdivision to the Southeast corner of the North half of the Northwest
quarter of the Northwest quarter of said Section 15;
Thence West along the South line of said subdivision to the Southwest comer thereof;
'thence Norlh along the West line of said subdivision to lire POINT OF BEGINNING.
Ordinance No. 023-10, Exhibit A
McCormick East
Annexation Area
A portion of the Southwest quarter of Section 10, Township 23 North, Range 1 East,
W.M. and a portion of the Northwest quarter of Section 15, Township 23 North, Range
East, W.M., Kitsap County, Washington; more particularly described as follows:
BEGINNINING at the corner to Sections 9, 10, 15 and 16, Township 23 North, Range 1
East, W.M.;
Thence North along the West line of the Southwest quarter of the Southwest quarter of
said Section 10, to the Northwest corner thereof;
Thence East and leaving said West line, along the North line of said subdivision to the
Northeast corner thereof;
Thence South along the East line of said subdivision to the Southeast corner thereof, said
point also being the Northwest corner of the East half of the Northwest quarter of said
Section 15;
Thence East along the North line of said East half of the Northwest quarter to the
Northeast corner thereof (North quarter corner of said Section 15);
Thence South along the East line of said subdivision to the northwesterly right of way
margin of Glenwood Road SW;
Thence Southwesterly along said right of way margin to its intersection with the South
line of the said East half of the Northwest quarter;
Thence West and leaving said right of way margin, along said South line to the
Southwest corner of said East half of the Northwest quarter;
Thence North along the West line of said subdivision to the Southeast corner of the North
half of the Northwest quarter of the Northwest quarter of said Section 15;
Thence West along the South line of said subdivision to the Southwest corner thereof;
Thence North along the West line of said subdivision to the POINT OF BEGINNING.
i
att'J
U
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO, 006-10
A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION
DESIGNATING PROPERTY RESIDENTIAL: MEDIUM DENSITY AND PUBLIC AND
COMMUNITY SPACES ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN
MAP; AND RESIDENTIAL: 8 UNITS/ACRE AND PUBLIC FACILITIES ON THE CITY OF
PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE
PROPERTY IS KNOWN AS McCORMICK EAST, LOCATED WITHIN
UNINCORPORATED KITSAP COUNTY, IN THE VICINITY OF GLENWOOD ROAD SW
AND McCORMICK WOODS DRIVE SW, WITHIN SECTIONS 10 AND 15, TOWNSHIP
23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
TAX PARCEL NOS.: 102301-3-008-2002, 152301-2-013-2002, 152301-2-012-2003
WHEREAS, the applicant initially submitted a petition for annexation of two parcels, totaling
approximately 109.88 acres, and upon City Council review a third parcel totaling 2.61 acres was
included, with the associated rights -of -way, located in the vicinity West of Glenwood Road SW,
and north and south of McCormick Woods Drive SW; and
WHEREAS, in December 2006 Kitsap County included the property legally described and
geographically depicted in Exhibit "A" ("the Property") to the Port Orchard Urban Growth Area
(UGA) and designated the Property in the County Comprehensive Plan as Urban Low -Density
Residential; and
WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations
to become effective upon the annexation of any area which might reasonably be expected to be
annexed by the City at any future time; and
WHEREAS, the Planning Commission held a Public Meeting for the zoning/comp plan designation
on November 15, 2010; and
WHEREAS, the Planning Commission heard testimony regarding the proposal from the
applicant, staff and the public; and
WHEREAS, being fully advised, the Planning Commission finds and concludes as follows:
FINDINGS
1. A complete Petition for Annexation of the Property into the City was received on October
21, 2010.
2. The Property is located with the City's Urban Growth Area and is contiguous to the City
limits.
3. Parcels 102301-3-008-2002 and 152301-2-013-2002 are currently designated Urban Low -
Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9
DU/Ac) on the County zoning map; and Parcel 152301-2-012-2003 is currently designated
Public Facilities in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac)
on the County zoning map.
4. The Property will be served by adequate public sewer, water supply, roads, and other
needed public facilities and services.
5. The Property will have access from Glenwood Rd SW and McCormick Woods Drive SW.
6. The Property is adjacent to areas of Residential: Medium Density and Mixed Use
comprehensive plan designations in the City of Port Orchard.
7. The Growth Management Act requires that upon approval of an annexation request, the
City give a Comprehensive Plan and Zoning designation to the subject properties.
8. The purpose of the Medium Density Residential Comprehensive Plan Designation and
single family detached/attached zone (118 up to 8 units/net useable acre) is to (a) Define
areas that allow a greater dwelling unit density — particularly in locations that are well
served by the arterial circulation system and community facilities in general; (b)
Implement comprehensive plan goals and policies for housing quality, diversity, and
affordability; and (c) Efficiently use residential land, public services, and energy.
9. The purpose of the Public and Community Spaces Comprehensive Plan Designation and
Community Facilities zoning is to (a) Specifically separate and control those public, semi-
public, institutional, and private properties, facilities, and services that prime and make
feasible centers of urban use. It is also the purpose of this zone to coordinate these uses
to the extent that they are serving to prime the same direction, magnitude, orientation,
and form of urban growth and avoid waste, inefficiency, or contradiction; (b) Maximize
the known efficiencies of investment, land, site or facility sharing which are possible and
desirable when infrastructure is specifically allocated space within the community; (c)
Resolve contradictions or disagreements that could arise between the various agencies
or parties responsible for each infrastructure element and the specific public objectives
for which they are accountable; (d) Identify, protect, provide for, and ensure the
harmonious relationship, scale, extent, provisions, character, location, and surrounding
environs of public, semipublic or commercial use of lands and structures for open space,
park, and recreational activities; and (e) Provide for and protect the buffer zones,
access, and land use relationships which are often unique between infrastructure and
other urban uses such that neither use intrudes upon the other.
CONCLUSIONS
1. The most appropriate comprehensive plan designation is Residential: Medium Density with
Residential: 8 units/acre zoning for parcels 102301-3-008-2002 and 152301-2-013-2002.
2. The most appropriate comprehensive plan designation is Public and Community Spaces
with Community Facilities zoning for parcel 152301-2-012-2003.
3. Designating the Properties Residential: Medium Density and Public and Community Spaces
is in conformance with the goals and policies of the Comprehensive Plan and the Growth
Management Act.
4. Designating the Property Residential: Medium Density and Public and Community Spaces is
in furtherance of the health, safety, and general welfare of the community.
5. Zoning for the McCormick East annexation as R8 and Community Facilities is consistent
with the City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive
Plan, and is in furtherance of the health, safety, and general welfare of the community.
NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the McCormick East Petition for Annexation,
with a Comprehensive Plan designation of Residential: Medium Density and Residential: 8
units/acre zoning for Tax Parcels 102301-3-008-2002 and 152301-2-013-2002; and a
Comprehensive Plan designation of Public and Community Spaces and Public Facilities zoning
for Tax Parcel 152301-2-012-2003, to be effective upon annexation.
PASSED by the Planning Commission of the City of Port Orchard this 15th day of November, 2010.
Bek Ashby, Chairman
ATTEST:
.James R. Weaver, City Development Director
1,
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7A Meeting Date:
Subject: Adoption of Ordinance No. 023-10, Prepared by:
_Approving the Annexation Request
for McCormick East, File No. Atty Routing No:
A-25-10 Atty Review Date:
November 23, 2010
James R. Weaver
Development Director
NA
NA
Summary: A public hearing was conducted earlier this evening regarding City Council Ordinance
No. 023-10, for the annexation of three parcels which total approximately 112.49 acres, and the
associated rights -of -way, located in the vicinity of the intersection of Glenwood Road SW and
McCormick Woods Drive SW, within Sections 10 and 15, Township 23 North, Range 1 East,
W.M., Kitsap County, Washington, (Tax Parcel Nos. 102301-3-oo8-2002, 152301-2-013-2002,
152301-2-012-2003). With approval of this ordinance, these properties will have interim City of
Port Orchard Zoning and Comprehensive Plan designations as follows: a Comprehensive Plan
designation of Residential: Medium Density and R8 zoning for Tax Parcels 4800102301-3-008-
2002 and 152301-2-013-2002; and a Comprehensive Plan designation of Public and Community
Spaces and Community Facilities zoning for Tax Parcel 152301-2-012-2003, to become effective
upon annexation.
Recommendation: Adopt Ordinance No. 023-10.
Motion for consideration: I move to adopt Ordinance No. 023-1o, approving the McCormick
East annexation request of three parcels that total approximately 112.49 acres and the associated
public right-of-way, and the assumption of city indebtedness by the area to be annexed upon
annexation.
Fiscal Impact: None.
Alternatives: Take no action.
Attachments: Ordinance No. 023-10
City of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
Introduced by:
Development Director
Requested by:
Development Director
Drafted by:
Development Director
Introduced:
November 23, 2010
Adopted:
ORDINANCE NO. 023-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 112.49
ACRES IN THE VICINITY OF GLENWOOD RD SW AND
McCORMICK WOODS DRIVE SW, REQUIRING THE
ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT
THE SAME RATE AND BASIS AS OTHER PROPERTY
WITHIN THE CITY, ESTABLISHING COMPREHENSIVE
PLAN AND ZONING DESIGNATIONS FOR THE
PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE
OF THE ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN SECTION
io AND SECTION 15, TOWNSHIP 23 NORTH, RANGE
1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS: 10230I-3-0o8-2002, t52301-2-
013-2002, 152301-2-012-2003
Ordinance No. 023-10
Page 2 of
WHEREAS, on August 5, 2010, the City received a notice of intent to petition for
annexation for two parcels consisting of approximately 109.88 acres located in the vicinity
of Glenwood Road SW and McCormick Woods Drive SW, as legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated by this reference;
and
WHEREAS, on September 13, 2010, the City received a notice of intent to petition
for annexation for one parcel consisting of approximately 2.61 acres located in the vicinity
of Glenwood Road SW and McCormick Woods Drive SW, as legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated by this reference;
and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (io%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on August 24, 2010, between the initiating parties
of this annexation and the Council of the City of Port Orchard, at which time the Council
accepted the notice of intention to commence annexation proceedings and authorized the
circulation of an annexation petition for annexation of the real property legally described
and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also
determined that it would require the simultaneous adoption of zoning and Comprehensive
Plan designations, and the assumption of city indebtedness by the area to be annexed upon
annexation; and
WHEREAS, a petition to annex to the City of Port Orchard was circulated and on
October 21, 2010 and October 25, 2010 was filed with the City, and was certified by the
Kitsap County Assessor as containing the signatures from owners of not less than sixty
percent (6o%) in value, according to the assessed valuation, of the property for which
annexation is petitioned; and
WHEREAS, in December 2006 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
Parcels 102301-3-008-2002 and 152301-2-013-2002 Urban Low -Density Residential on
the Comprehensive Plan map and Urban Low Residential (4-9 DU/Ac) on the zoning map;
and designated Parcel 152301-2-012-2003 Public Facilities on the County Comprehensive
Plan map and Urban Low Residential (4-9 DU/Ac) on the County zoning map; and
WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and
zoning designations to become effective upon the annexation of any area which might
reasonably be expected to be annexed by the City at any future time; and
Ordinance No. 023-10
Page 3 of 5
WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted
Ordinance No. 042-o8 designating the proposed annexation of parcels 102301-3-oo8-2002
and 152301-2-013-2002 Residential: Medium Density on the City's Comprehensive Plan
and Residential: 8 units/acre zoning on the City's zoning map; and designating Public and
Community Spaces on the City's Comprehensive Plan and Community Facilities on the
City's zoning map for Tax Parcel 152301-2-012-2003, to become effective upon annexation;
and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
November 15, 2olo and adopted Resolution oo6-10 recommending approval of the petition
for annexation, with a Comprehensive Plan designation of Residential: Medium Density
and Residential: 8 units/acre zoning for Tax Parcels 102301-3-oo8-2002 and 152301-2-
013-2002; a Comprehensive Plan designation of Public and Community Spaces and
Community Facilities zoning for Tax Parcel 152301-2-012-2003, to become effective upon
annexation; and
WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to
adopt interim zoning controls for parcels 102301-3-oo8-2002, 152301-2-013-2002, and
152301-2-012-2003 until such time as the Comprehensive Plan amendment process for
2010 is completed and that such interim zoning for these parcels is justified because: the
parcels will be served by adequate public sewer, water supply, roads, and other needed
public facilities; the parcels are adjacent to areas of Medium -Density Residential and
Commercial -Mixed Use designations within the City; and the interim zoning designation of
"R8" single-family detached/attached for parcels 102301-3-oo8-2002 and 152301-2-013-
2002, and "Community Facilities" for parcel 152301-2-012-2003 is consistent with the uses
in the surrounding area.
WHEREAS, pursuant to RCW 35.13.14o, a public hearing was held on November
23, 2o1o, and was duly noticed through publication in a newspaper of general circulation in
the City and the proposed annexation area, and through posting of a hearing notice in three
public places within the territory proposed for annexation, specifying the time and place of
the hearing and inviting interested persons to appear and voice approval or disapproval of
the annexation and the property's future comprehensive plan land use designation; and
WHEREAS, the City Council has been fully advised and finds that all statutory
requirements have been satisfied in order to accomplish the proposed annexation and that
it is in the best interest of the City to approve the proposed annexation as presented and
require the assumption of all or any portion of City indebtedness by the area to be annexed;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Ordinance No. 023-10
Page 4 of .
SECTION 1. The unincorporated real property located in Kitsap County,
Washington, contiguous to the City of Port Orchard and legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated herein by this
reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County,
Washington.
SECTION 2. As provided in the annexation petition, all property within the
territory annexed shall be assessed and taxed at the same rate and on the same basis as
other property within the City of Port Orchard, including assessments or taxes in payment
of all or any portion of the outstanding indebtedness of the City contracted for, incurred
prior to, or existing on, the effective date of this annexation.
SECTION �. Based on the findings of fact set forth in the above recitals, the City
Council hereby determines that an emergency exists justifying the adoption of interim
zoning controls for parcels 102301-3-oo8-2002, 152301-2-013-2002, and 152301-2-012-
2003, as depicted on Exhibit "B" attached hereto and incorporated by this reference.
Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan
designation of Residential: Medium Density and an interim Zoning designation of "R8" for
parcels 102301-3-oo8-2002 and 152301-2-013-2002; and an interim Comprehensive Plan
designation of Public and Community Spaces and an interim Zoning designation of
Community Facilities for parcel 152301-2-012-2003. As long as the interim zoning controls
are in effect, all land use and development within the Property shall be subject to the City's
land use and development regulations in effect for "R8" single-family detached/attached
zoning and "Community Facilities" zoning.
SECTION a. The interim Comprehensive Plan designation of Residential: Medium
Density and Zoning designation of "R8" single- family detached/attached for parcels
102301-3-oo8-2002 and 152301-2-013-2002; and Comprehensive Plan Designation of
Public and Community Spaces and Zoning designation of Community Facilities for parcel
152301-2-012-2003 shall be included in the City's annual Comprehensive Plan amendment
process for 2011 for review and designation as appropriate. The interim zoning controls
shall take effect upon annexation to the City.
SECTION ,. This annexation will become effective thirty (3o) days after the
expiration of the 45-day review by Kitsap County Boundary Review Board, if the Kitsap
County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board
jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become
effective thirty (3o) days after the Boundary Review Board's approval of the proposed
annexation.
Ordinance No. 023-10
Page 5 of si
SECTION 6. Pursuant to RCW 35.13.270, following adoption of this ordinance, the
Planning Department shall provide notification, by certified mail, that includes a list of
annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at
least thirty (3o) days before the effective date of the annexation. The Planning Department
shall also give such notice to the Fire District and Library District, as appropriate,
simultaneously when notice of the proposed annexation is provided to the Kitsap County
Boundary Review Board.
SECTION 7. Following adoption of this ordinance, the City Clerk is hereby directed
to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners.
The Clerk is further directed to file a certificate of annexation with the State Office of
Financial Management as directed by RCW 35.13.26o.
SECTION 8. Following adoption of this annexation ordinance, the City shall file a
Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW
36.93.090.
SECTION o. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 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 November 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
Gregory A. Jacoby, City Attorney
John Clauson, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Adoption of Ordinance No. 024-10,
Amending Port Orchard Municipal
Code Chapter 15.38 Flood Damage
Prevention
Meeting Date: November 23, 2010
Prepared by: James R. Weaver,
Development Director
Atty Routing No:
NA
Atty Review Date: NA
Summary: The City of Port Orchard had approved Ordinance No. o15-io on July 13, 2010 to
update regulations in Port Orchard Municipal Code Chapter 15.38 regarding flood damage
prevention in order to minimize public and private losses due to flood conditions in order to
remain fully compliant with state and federal law, and to ensure the City's residents qualify for the
National Flood Insurance Program.
Upon review of the Port Orchard Municipal Code and Ordinance No. 015-ro, by FEMA staff, a
minor textural change was required to bring the Ordinance and POMC Chapter in compliance with
Federal regulations. The sole change is to reference the correctly titled edition and date of the
Federal Insurance Administration scientific and engineering report entitled "The Flood Insurance
Study for Kitsap County, Washington and Incorporated Areas", dated November 4, 2010.
Recommendation: Adoption of Ordinance No. 024-10, to amend Port Orchard Municipal Code
Section 15.38.o6o Basis for establishing the areas of special flood hazard.
Motion for consideration: I move to adopt Ordinance No. 024-io, amending Port Orchard
Municipal Code Section 15.38.o6o Basis for establishing the areas of special flood hazard.
Fiscal Impact: None.
Attachments: Ordinance No. 024-10
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
ORDINANCE NO. 024-10
Development Director
Development Director
Development Director
November 23, 2010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL
CODE CHAPTER 15.38 "FLOOD DAMAGE PREVENTION"
WHEREAS, the City of Port Orchard has adopted regulations regarding flood
damage prevention in order to minimize public and private losses due to flood conditions,
as set forth in Port Orchard Municipal Code Chapter 15.38; and
WHEREAS, on July 13, 2010 the Port, Orchard City Council Adopted Ordinance
015-10, updating and amending Chapter 15.38 in order to remain fully compliant with state
and federal law and to ensure the City's residents qualify for the National Flood Insurance
Program; and
WHEREAS, upon review of approved Ordinance 015-10 by FEMA and receipt of
comments by FEMA staff, the following revision is proposed in order to remain fully
compliant with state and federal law and to ensure the City's residents qualify for the
National Flood Insurance Program; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTIONI. Port Orchard Municipal Code Section 15.38.o6oBasisforestablishing
the areas of special flood hazard is hereby amended as follows:
15.38.o6o Basis for establishing the areas of special flood hazard
The areas of special flood hazard identified by the Federal Insurance Administration
in a scientific and engineering report entitled "The Flood Insurance Study for the
Kitsap County, Washington and Incorporated Areas,", dated November 4, 2o1o, and
any revisions thereto, with accompanying Flood Insurance Maps, is adopted by
reference and declared to be a part of this chapter. The Flood Insurance Study is on
file at the city clerk's office: 216 Prospect Street, Port Orchard, WA 98366.
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
Ordinance No.024-10
Page 2 of 2
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 November 2010.
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
Robert Putaansuu, Councilmember
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item
Subject: Approval of the First Reading of
Ordinance No. 025-ro, Amending the
2olo Budget
Meeting Date: November 23, 2010
Prepared by: Allan J. Martin
Treasurer
Atty Routing No: 143-10
Atty Review Date: November 16, 2010
Summary: The City is nearing the end of its fiscal year and has the need to make a number of budget
adjustments as a way to put the budget in line with actual expenditures. The City is required to
operate within budgeted appropriations at the fund level. When a budget is anticipated to exceed its
legal level of authority, an increase in appropriations is sought from Council. To accomplish this,
the Council considers budget amendments by adopting a City Ordinance. As a matter of
convenience, the City has a business practice of amending the budget at year end.
This year there is a need to make three adjustments to the 2olo Budget. The first is to adjust the
Community Events Fund to reflect the action taken by Council in Resolution No. 039-10 that spends
an additional $4,500 on the Festival of Chimes and Lights. The second is to authorize a transfer
from the Cumulative Reserve for Municipal Facilities for payment of Blackjack Creek project labor
costs as directed in Resolution No. 047-09. The third is approval of transfers from Cumulative
Reserve for Water -Sewer to the Water -Sewer Fund for projects completed and those coming due in
2010.
I know of no controversy relating to this request to bring spending authority in line with actual
expenditures.
Recommendation: Staff recommends passage of Ordinance No. 025-10.
Motion for consideration: I move to approve the first reading of Ordinance No. 025-1o, amending
the 2010 Budget for the City of Port Orchard and to direct staff to place Ordinance No. 025-10, on
the December 14, 2010, Consent Agenda for final adoption.
Fiscal Impact: An increase to the total 2010 Budget of $384,500.00.
Alternatives: Stop spending for Water -Sewer projects, not fund the addition to Festival of
Chimes and Lights, pay Blackjack Creek project wage costs as a current expense.
Attachments: Ordinance No. 025-10
Listing of 2010 Amendments
Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
ORDINANCE NO. 025-10
City Treasurer
Council Finance Committee
CityTreasurer
November 23, 2010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE BUDGET FOR THE YEAR 2010
AS ADOPTED IN ORDINANCE NO. 029-o9 TO RECOGNIZE
REVENUE AND EXPENDITURES NOT ANTICIPATED AT THE TIME
OF THE ADOPTION OF THE 20io BUDGET
WHEREAS, the City of Port Orchard adopted its 2oro Budget in Ordinance No.
029-09;and
WHEREAS, the City desires to keep current on budget amendments; and
WHEREAS, it is necessary to make adjustments to accounts and/or funds by
means of appropriation adjustments that could not have been anticipated at the time of
passage of the 2oio Budget, as provided in RCW 35.33•ogi; and
WHEREAS, on November 9, 2010 the City Council authorized an additional
funding allocation of a maximum additional amount of $4,5oo, based on cash and
additional revenue, to Festival of Chimes and Lights in 2oio; and
WHEREAS, on May 12, 2009 the City Council certified its share of the Blackjack
Creek project funding would be committed and derived from Cumulative Reserve For
Municipal Facilities Fund 302 and the project has incurred a maximum additional amount
Of $5,000; and
WHEREAS, various public works projects span annual budget periods and projects
begun in 2oo9 have moved to completion, and projects contemplated in the 2olo budget
have moved forward incurring expenditures; and
WHEREAS, the City utilizes Cumulative Reserve for Water -Sewer Fund 403 in
which connection fees, capital facilities charges and fees in lieu of assessment are placed,
the purpose which is to be expended for betterments and improvement to the utilities, with
debt service and maintenance and operation to be funded as necessary; and
WHEREAS, an additional appropriation is required to transfer up to $375,000
from the Cumulate Reserve for Water -Sewer Fund 403 to the Water -Sewer Utility Fund 401
for 2010 projects; now, therefore,
Ordinance No.025-10
Page 2 of A
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i. The 2010 Budget is amended to reflect the following additional
revenues:
(a) Hotel Motel Transient Tax from Community Events Fund totaling $4,500.
SECTION 2. The 2oro Budget is amended to reflect the following:
(a) Appropriation of $4,500 from the Community Events Fund.
SECTION .g. The 2oio Budget is amended to reflect the following transfer of funds
from the Cumulative Reserve for Municipal Facilities Fund 302 to the Current Expense
Fund ow:
(a) Operating Transfer Out of the Cumulative Reserve for Municipal Facilities
Fund 302 $5,000
(b) Operating Transfer In to Current Expense Fund ooi $5,000
SECTION a. The 2oro Budget is amended to reflect the following transfer of funds
from the Cumulative Reserve for Water Sewer Fund 403 to the Water -Sewer Operating
Fund 401:
(a) Operating Transfer Out of the Cumulative Reserve for Water Sewer Fund 403
up to $375,000
(b) Operating Transfer In to the Water -Sewer Operating Fund 401 up to
$375,000
SECTION s. 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.
Ordinance No.025-10
Page ,i of
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 14th day of December 2010.
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM:
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by:
John Clauson, Councilmember
Ordinance No. 025-10
Exhibit A
Cumulative Reserve for Municipal Facilities Fund 302 302.0.597.00.00 $
Current Expense Fund 001 001.0.397.00.00 $
For Blackjack Creek Trail grant per Resolution #047-09
Cumulative Reserve for Water Sewer Fund 403 403.0.597.00.00 $
Water Sewer Operating Fund 401 401.0.397.00.00 $
For additional costs to complete projects budgeted in 2010
Professional Services 107.6.573.10.41
Hotel Motel Transient Tax 107.0.313.30.00
To fund an additional $4500 for Festival of Chimes & Lights
5,000.00
5,000.00
375,000.00
375,000.00
4,500.00
4,500.00
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 • FAX (36o) 895-9029
Agenda Item No. Business Item
Agenda Staff Report
Meeting Date: November 23, 2010
Subject: Adoption of Ordinance No. 026-1o, Prepared by: Patti Kirkpatrick, MMC
Amending Port Orchard Municipal City Clerk
Code Chapter 3.o8 Relating to the Atty Routing No: 139-10
Advance Travel Expense Revolving Atty Review Date: November 1g, 2010
Fund
Summary: RCW 42.24.12o allows for advancement funds to officers and/or employees for travel
expenses. Port Orchard Municipal Code 3.08 sets forth the criteria for the City's advance travel
fund. Over the last year, it has become increasing difficult to offer advance travel funds to
officers and/or employees due to the availability of funds in the account. Further, the City Clerk
is designated as the custodian of the fund and is the sole signer of checks for this account. There
are times when the City Clerk is not available to sign the checks and/or prepare the necessary
paperwork and times when the City Clerk has to turn away requests for advance travel funds
due to a low account balance. The City Clerk proposed to the Finance Committee that additional
signers be added to the account, namely the Deputy Clerk and Mayor; and to increase the fund
balance to $2,000.
Recommendation: Staff recommends adoption of Ordinance No. 026-1o, amending Port
Orchard Municipal Code Chapter 3.o8 relating to the Advance Travel Expense Revolving Fund.
Motion for consideration: I move to adopt Ordinance No. 026-1o, amending Port Orchard
Municipal Code Chapter 3.o8 relating to the Advance Travel Expense Revolving Fund.
Fiscal Impact: None. Funds are contained within each department's travel and training
budgets.
Alternatives: Not approve the request and leave the account underfunded.
Attachments: Ordinance No. 026-io
Introduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. o26-io
City Clerk
City Clerk
City Clerk
City Attorney
November 23, 2010
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTER 3.o8 RELATING TO THE ADVANCE TRAVEL EXPENSE
REVOLVING FUND
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTIONi. A port Orchard Municipal Code Section 3.o8.oio Generalprovision is hereby
amended to read as follows:
3.08.010 General provisions.
There is established the advance travel expense fund in the amount of $2,000, which shall be
a revolving fund maintained as a checking account in the bank that is designated by the city as its
official depository bank and advances to officers or employees will be by check. All checks shall
require the signature of the City Clerk, or the deputy clerk if the clerk is not available, or the Mayor.
The revolving fund is to be replenished by warrant. The maximum amount that may be used to pay
for travel expenses incurred by any one officer or employee of the city is $500.
Section 2. Port Orchard Municipal Code Section 3.o8.02o Travel expense voucher is
amended to read as follows:
3.08.020 Travel expense voucher.
On or before the fifteenth day following the close of the authorized travel period for which
expenses have been advanced to any officer or employee, he shall submit to the city clerk a fully
itemized travel expense voucher, for all reimbursable items legally expended, accompanied by the
unexpended portion of such advance, if any. Any advance made for this purpose, or any portion
thereof, not repaid or accounted for in the time and manner specified herein, shall bear interest at
the rate of ten percent per year from the date of default until paid.
Section i. Port Orchard Municipal Code Section 3.08.030 Use restrictions is hereby
amended to read as follows:
3.08.030 Use restrictions.
An advance made under the provisions of POMC 3.o8.oro and 3.08.020 shallbe considered
as having been made to such officer or employee to be expended by him as an agent of the city for the
city's purposes only, and specifically to defray necessary costs while performing his official duties.
Ordinance No. o26-10
Page 2 of 2
Section a. Port Orchard Municipal Code is hereby amended to add a new section
3.o8.040 Not a personal loan to read as follows:
3.o8.040 Not a personal loan
No such advance shall be considered as a personal loan to such officer and/or employee and
any expenditure thereof, other than for official city business purposes, shall be considered a
misappropriation of public funds.
Section,. Port Orchard Municipal Code is hereby amended to add a new section
3.o8.05o Regulations to read as follows:
3.o8.050 Regulations.
The advance travel expense fund shall be administered by the city clerk in accordance with
the procedures adopted by the State Auditor's office for advance travel expense accounts established
pursuant to RCW 42.24.120.
SECTION 6. 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 November 2010.
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
APPROVED AS TO FORM
Gregory A. Jacoby, City Attorney
Lary Coppola, Mayor
Sponsored by
John Clauson, Councilmember
Aty of Port Orchard
16 Prospect Street, Port Orchard, WA 98366
36o) 876-4407 • FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7E Meeting Date: November 23, 2010
Subject Adoption of Resolution No. o41-1o, Prepared by: Alan L. Townsend
Repealing Resolution Nos. 014-05, Chief of Police
and 023-10 and Reestablishing Atty Routing No: NA
Regulations and Fees Related to Atty Review Date: NA
Parking, Stopping, or Standing in
Certain Areas of the City
Summary: As part of the move to incorporate new parking pay kiosks in the waterfront lot #4, it
was necessary to raise the parking rates to pay for the kiosks and make other minor modifications
to the parking resolution to accommodate the new way of collecting parking fees.
I have highlighted the areas of the parking resolution that have been modified. 1 have also
attached a copy of the previous resolution 014-o5 and 023-10 that were incorporated into this
resolution and will be repealed as part thereof.
The main changes of this resolution are:
1. Lot 1 (located between the marina office and Kitsap Bank drive-thru), which used to
host paid parking, permit parking, and 4 hour free parking will no longer host paid
parking. Only permit and 4 hour free parking will be located in this lot.
2. A new category of paid parking was added called "hourly public parking", which will be
$1 per hour. In the past you had to pay for all day parking to park in lot 4 (located
between the port's child play area and the library). Now you have the ability to buy
parking based upon 1 hour increments.
3. The daily parking rate was increased from $3 per day to $5 per day.
4. The monthly parking rate was increased from $6o per month to $go per 31 day period.
This allows someone to buy a pass on January 15t", for example, and it is good until
February 101. These monthly passes will be purchased directly from the kiosk, where in
the past the customer had to go to city hall.
5. The downtown merchant parking pass remains at the same level since 2005, which is
$30 per month. Merchant passes will continue to be purchased at the City Treasurer's
office.
6. The registered carpool parking pass remains at the same level since 2005, which is $30
per month. Carpool passes will continue to be purchased at the City Treasurer's office.
7. The contractor's parking pass was increased from $5 per day to $8 per day. Contractor's
passes will continue to be purchased at the City Treasurer's office.
8. The process of obtaining the parking receipt from the kiosk and proper display of it and
the monthly hangtags is detailed to avoid confusion and ensure compliance so they are
clearly visible to parking enforcement.
9. Changes will be effective January 1, 2011.
The new rates are still very competitive and in most cases well below our region in rates for
commuter parking, which is what makes up the majority of the lot 4 parking.
Recommendation: Approve the resolution.
Motion for consideration: I move to approve Resolution No. 041-10, repealing Resolution
Nos.014-05 and 023-1o, and reestablishing regulations and fees related to parking, stopping or
standing in certain areas of the city.
Fiscal Impact: The increased revenue will pay for the newly installed kiosks.
Alternatives: None.
Attachments: Resolution No. 041-10
Resolution Nos. 014-05 and 023-10
Page 2 of 2
n___•_____ ri____ -n ni_tCn__ _...
Introduced by:
Police Chief
Requested by:
Police Chief
Drafted by:
Police Chief
Introduced:
November 23, 2010
Adopted:
RESOLUTION NO. 041-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING RESOLUTION NOS. 014-05
AND 023-10, AND REESTABLISHING REGULATIONS AND
FEES RELATED TO PARKING, STOPPING OR STANDING IN
CERTAIN AREAS OF THE CITY
WHEREAS, WAC 3o8.330.27o authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in the City by resolution, after an
engineering and traffic investigation by the traffic engineer; and
WHEREAS, Port Orchard Municipal Code Section 10.12.o8o(1) authorizes the City
Council to from time to time establish parking prohibitions and restrictions on portions of
certain specified streets; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such resolutions; and
WHEREAS, the City Council is modifying the fees charged and the collection of said
fees for parking in city parking lots; now therefore,
THE COUNCIL OF THE CITY OF PORT ORCHARD DOES RESOLVE AS
FOLLOWS:
SECTION 1. Repealer. Resolution Nos. 014-05 and 023-10 of the City of
Port Orchard is hereby repealed.
SECTION 2. Parking Prohibited at All Times. When signs are erected by
the City Engineer giving notice thereof, no person shall park a vehicle at any time upon any of
the streets or parts of streets described as follows:
1. Ada Street on the north side of Ada Street, in front of 825 Ada
Street.
2. Advantage Avenue: on the west side of the north 350 feet of roadway
and on the left hand side, as the traffic flows, of the
remainder of the street.
Austin Avenue: on the west side, from the intersection with Dwight
Street to the intersection with Division Street.
Resolution No. 041-10
Page 2 of 14
4. Bay Street: on both sides, from the traffic signal on SR166
(Bay/Maple Street) for a distance of two hundred
feet northeast of Guy Wetzel Street.
5. Bay Street: at the intersection with Wharf Street, (Mitchell
Point) along the outside radius of the existing road
as delineated by the established guardrail.
6. Bay Street: on the north side, from the DeKalb Street
Pedestrian Pier westerly for seventy feet and in
front of 5o1 Bay Street.
7. Becky Avenue: on both sides of street.
8. Bethel Avenue: on both sides, from DeKalb Street to south city
limits.
9. Cedar Canyon: on both sides of the street within too feet of the
Tremont Street right of way.
ro. Cline Avenue: from the northeast corner of Kitsap Street and
Cline Avenue, northerly along the east line of Cline
Avenue to its intersection with Bay Street then
continue along the east line of Bay Street to the
south side of Robert Geiger Street.
11. Dallas Street: on the left-hand side, as the traffic flows, on the
remainder of the street.
12. DeKalb Street: on the south side, from Sidney Avenue westerly for
a distance of one hundred feet.
13. DeKalb Street: on the north side, from Tracy Avenue easterly to the
end of DeKalb.
14. DeKalb Street: on the south side, from Mitchell Avenue to the east
side of Tracy Avenue.
15. Division Street: on the north side, from Cline Avenue easterly to
Sidney Avenue.
16. Donna Street: on both sides of street.
17. Farragut Avenue: on both sides, from DeKalb Street to Morton Street:
except, on the east side, one hundred sixty feet
north of DeKalb Street.
Resolution No. 041-10
Page 3 of 14
18. Lippert Drive: on both sides, from Pottery Avenue to Advantage
Street.
19. Lowren Street on the right-hand side, as the traffic flows on the
one-way portion of the street
2o. Lumsden Road That portion of both sides of the street which starts
at the intersection with Vivian Court and extends
300 feet to the east.
21. Longview Avenue: on both sides of street.
22. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street.
23• 98o Mitchell Ave: on city owned property: except, for city equipment.
24. Plisko Avenue on the south side of the street, from Mitchell
Avenue eastward for 400 feet.
25. Prospect Street: on the inside radius of the curve between Robert
Geiger Street and Frederick Avenue.
26. Pottery Avenue: on both sides of the street, within r0o feet of the
Tremont Street right of way.
27. Retsil Road: on the west side, from the north corporate limits to
the south property line of 982 Retsil Road.
28. Rockwell Avenue: on both sides, from Bay Street to Morton Street.
29. Rockwell Avenue: on the west side, from Morton Street to Kitsap
Street.
3o. Ross Street: on both sides of the Soo block and on the south side
of the 40o block.
31. Sage Court: on both sides of street.
32. Sage Street: on both sides from Pottery Avenue east for a
distance of 70 feet and on the left hand side, as the
traffic flows, on the street of the remainder of the
street.
33• Sidney Avenue: on the west side from Bay Street to Prospect Street,
34. Snowridge Avenue: on the left-hand side, as the traffic flows on the
street.
Resolution No. 041-10
Page 4 of 14
35• Sroufe Street on the south side, from Sidney Avenue to Portland
Avenue.
36. Sprague Street on the right-hand side, as the traffic flows on the
one-way portion of the street.
37. Sweany Street: on the north side, from Cline Avenue westerly for a
distance of three hundred forty feet.
38. Sweany Street: on the south side, from Sidney Avenue westerly for
a distance of two hundred feet.
39• Tremont Street: on both sides of the street, within loo feet of
Pottery Avenue right of way.
40. Wilkins Drive: on both sides, from the west terminus, eastward
350 feet.
41. Lot 4: all of Lot 4, as defined in Section 7, Saturdays from
five a.m. to five p.m., from April 1st through
October 31st.
SECTION n. Parking Prohibited Except Vehicles with Boat Trailers.
When signs are erected by the City Engineer giving notice thereof, no person shall park a vehicle
at any time as described below:
1. Water Street: from Bay Street to waterfront (boat ramp area)
parking restricted to all vehicles: EXCEPT, vehicles
with boat trailers attached, may park for a time
limit up to but not to exceed 48 hours. This is a
designated tow away zone.
SECTION 4. Parking Prohibited During Certain Hours. When signs are
erected by the City Engineer in each block giving notice thereof, no person shall park a vehicle
between the hours of three a.m. and five a.m. upon any of the streets or parts of streets as
described below on the days specified below:
Tuesdays:
1. Bay Street: from Robert Geiger Street to Harrison Street on
both sides.
Thursdays:
2. Frederick Avenue: from Prospect Street north to Sidney Parkway on
both sides.
Resolution No. 041-10
Page 5 of 14
3. Sidney Avenue: from Prospect Street north to Sidney Parkway on
both sides.
SECTION S. Standing or Parking Prohibited During Certain Hours.
When signs are erected by the City Engineer in each block giving notice thereof, no person shall
stop, stand or park a vehicle between the hours specified in this section of any day, or upon any
of the streets or parts of streets described as follows:
1. All access ways in public parking lots at any time;
2. At all times during hazardous snow and ice conditions; Kitsap Street from
Cline Avenue to Seattle Avenue on both sides of street; Seattle Avenue from
Kitsap Street to Dwight Street; and Dwight Street from Seattle to Harrison
Avenue on both sides of street; Harrison Avenue from Dwight Street to
Division Street on both sides of street; Division Street from Harrison
Avenue to Sidney Avenue on both sides of street; and on Sidney Avenue
from Division Street to Kendall Street on both sides of street.
SECTION 6. Parking Time Limited on Certain Streets. When signs are
erected by the City Engineer in each block giving notice thereof, no person shall park a vehicle
for longer than the time specified in this section, on the days specified in this section, upon any
of the streets described as follows EXCEPT vehicles complying with Residential Parking Permit
Program:
1. Ada Street On both sides of Ada Street, from Sidney Avenue to
Harrison Avenue. There will be two-hour parking
from eight a.m. to six p.m. on any day except
Saturday, Sunday, and federal holidays.
2. Austin Avenue: on the east side, from Division Street to Dwight
street. There will be two-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
3. Robert Geiger Street: on both sides, from Prospect Street to Bay Street.
There will be four-hour parking from eight a.m. to
eight p.m., on any day: except, Saturday, Sunday,
and federal holidays.
4. Bay Street: on both sides, from Orchard Avenue to Harrison
Avenue. There will be two-hour parking from eight
a.m. to eight p.m., on any day: except, Sunday, and
federal holidays. Vehicles with Residential Parking
Permits are not exempt from the parking
restrictions specified within this paragraph (4).
Resolution No. 041-10
Page 6 of 14
5. Bay Street: on the north side from the DeKalb Street
Pedestrian Pier easterly for one hundred ten feet.
There will be two-hour parking from eight a.m. to
eight p.m., on any day: except, Sunday, and federal
holidays.
6. Bay Street: on west side of the 15oo and 1600 block. There will
be four-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
7. Cline Avenue: on both sides, from Kitsap Street to Dwight Street.
There will be four-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
8. Cline Avenue: on both sides, from Taylor Street to Division street.
There will be two-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
9. DeKalb Street: on the north side, from Cline Avenue easterly for a
distance of two hundred feet. There will be four-
hour parking from eight a.m. to six p.m., on any
day: except, Saturday, Sunday, and federal
holidays.
1o. DeKalb Street: on both sides, from Seattle Avenue to Sidney
Avenue. There will be four-hour parking from eight
a.m. to six p.m., on any day; except, Saturday,
Sunday, and federal holidays: except, for a space on
the south side of DeKalb Street beginning one
hundred five feet east of Harrison Avenue and
continuing easterly for one hundred seventy five
feet. The one hundred seventy five feet as
described shall be designated all day parking.
11. DeKalb Street: on the north side, from Sidney Avenue westerly for
a distance of one hundred twenty feet. There will
be four-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
12. DeKalb Street: on the south side, from Tracy Avenue easterly to the
end of DeKalb Street. There will be two-hour
parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
Resolution No. 041-10
Page 7 of 14
13. DeKalb Street: on both sides, from Mitchell Avenue westerly for a
distance of three hundred and forty feet. There will
be two-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
14. DeKalb Street: on the north side, from Mitchell Avenue to Tracy
Avenue. There will be two-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
15. Division Sheet: on both sides, from Sidney Avenue to Seattle
Avenue. There will be two hour parking from eight
a.m, to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
16. Division Street: on the south side, from Cline Avenue to Sidney
Avenue. There will be two-hour parking from eight
a.m, to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
17. Dwight Street: on both sides, from Sidney Avenue to Seattle
Avenue. There will be four-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
18. Dwight Street: on both sides, from Mitchell Avenue westerly for a
distance of two hundred and fifty feet. There will
be two-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
r9. Dwight Street: on both sides, from Austin Avenue to Cline Avenue.
There will be two-hour parking from eight a.m. to
six p.m, on any day: except, Saturday, Sunday, and
federal holidays.
2o. Farragut Avenue: on the east side, one hundred sixty feet north of
DeKalb Street. There will be two-hour parking
from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
21. Frederick Avenue: on both sides, from waterfront parking lot to
Prospect Sheet. There will be two-hour parking
from eight a.m. to eight p.m., on any day: except,
Saturday, Sunday, and federal holidays.
Resolution No. 041-10
Page 8 of 14
22. Harrison Avenue: on both sides, from DeKalb Street to Dwight Street.
There will be four-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
23. Harrison Avenue:
on both sides, from Dwight Street to Division
Street. There will be two-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
24. Harrison Avenue:
adjacent to 833 1/2 Bay Street, there will be two
hour parking from eight a.m. to eight p.m., on any
day: except, Saturday, Sunday, and federal
holidays.
25. Kitsap Street:
on both sides, from Cline Avenue to Rockwell
Avenue. There will be four-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
26. Kitsap Street:
on both sides, from Mitchell Avenue, westerly for a
distance of one hundred fifty feet. There will be
two-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
27. Mitchell Avenue: on the east side, from DeKalb Street northerly for a
distance of seventy feet. There will be two-hour
parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
28. Mitchell Avenue: on the west side, from Kitsap Street to Taylor
Street. There will be two-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays: and, that portion of
76o Mitchell Avenue marked as "No Parking
Anytime".
29. Mitchell Avenue: on the east side, from DeKalb Street southerly, to
the bus loading access road, shall be designated all
day parking: except, for the revetment area which is
two hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
Resolution No. 041-10
Page 9 of 14
30. Morton Street: on both sides, from Rockwell Avenue westerly for a
distance of two hundred thirty feet on both sides.
There will be four-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
31. Morton Street: on both sides, from Rockwell Avenue easterly for a
distance of two hundred thirty feet on both sides.
There will be four-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
32. Plisko Avenue on the north side of the street, from Mitchell
Avenue eastward for 300 feet.
33• Prospect Street: on both sides, from Sidney Avenue to Robert Geiger
Street. There will be four-hour parking from eight
a.m. to eight p.m., on any day; except, Saturday,
Sunday, and federal holidays and the inside radius
of the curve between Robert Geiger Street and
Frederick Avenue.
34• Prospect Street: on the east side, from Kitsap Street to Robert
Geiger Street. There will be four-hour parking from
eight a.m. to eight p.m., on any day: except,
Saturday, Sunday, and federal holidays
35. Prospect Street: on the south side, roo feet west of Sidney Avenue to
Sidney Avenue. There will be two-hour parking
from eight a.m, to eight p.m., on any day: except,
Saturday, Sunday, and federal holidays.
36. Prospect Street: on the west side, from Kitsap Street to Robert
Geiger Street. There will be two hour parking from
eight a.m. to eight p.m., on any day: except,
Saturday, Sunday, and federal holidays.
37. Prospect Street: along the green curb, in front of City Hall at 216
Prospect Street. There is 3o-minute parking from
eight a.m. to 8 p.m. on any day: except, Saturday,
Sunday, and federal holidays.
38. Seattle Avenue: on both sides, from Kitsap Street to Dwight Street.
There will be four-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
Resolution No. 041-10
Page 10 of 14
39• Seattle Avenue: on the east side, from Bay Street southerly for a
distance of fifty feet. There will be two-hour
parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
40. Seattle Avenue on both sides from Dwight Street to Division Street.
There will be two-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
41. Sidney Avenue: on both sides of Bay Street to the waterfront. There
will be two-hour parking from eight a.m. to eight
p.m., on any day: except, Saturday, Sunday, and
federal holidays.
42. Sidney Avenue: on the east side from Bay Street to Prospect Street.
There will be two-hour parking from eight a.m. to
eight p.m., on any day: except, Saturday, Sunday,
and federal holidays.
43• Sidney Avenue: on both sides, from Prospect to Kitsap Street.
There will be four-hour parking from eight a.m. to
eight p.m., on any day: except, Saturday, Sunday,
and federal holidays.
44• Sidney Avenue: on both sides, from Kitsap Street to DeKalb Street.
There will be four-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
45• Sidney Avenue: on both sides, from DeKalb Street to Taylor Street.
There will be two-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays and for the east side of Sidney
Avenue between Taylor Street and Ada Street,
which is a school loading zone.
46. Sweany Street: on the south side, from Cline Avenue westerly for a
distance of three hundred feet. There will be two-
hour parking from eight a.m. to six p.m., on any
day: except, Saturday, Sunday, and federal
holidays.
47. Sweany Street: on the north side, from Sidney Avenue westerly for
a distance of two hundred feet. There will be two-
hour parking from eight a.m. to six p.m., on any
Resolution No. 041-10
Page 11 of 14
day: except, Saturday, Sunday, and federal
holidays.
48. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel
Street. There will be two-hour parking from eight
a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
49• Tracy Avenue: abutting 219 Tracy Avenue. There will be four-hour
parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
5o. Library: North side of driveway adjacent to south side
driveway of library shall be two hour parking from
eight a.m. to eight p.m. on any day: except,
Saturday, Sunday, and federal holidays.
SECTION 7. Parking Time Limited on Certain City Parking Lots.
1. The City parking lots are identified as follows:
(a) Lot 1: which lies between Orchard Street and Frederick Streets.
Parking in Lot 1 is a combination of 4-hour parking, MONTHLY and
MERCHANT pass parking, and Port Orchard Marina parking. Port
Orchard Marina parking is the northern most row and shall be managed
and enforced by the Port of Bremerton. Designated MONTHLY and
MERCHANT pass parking shall require the purchase of a Parking Pass as
established in Section 8 of this Resolution.
(b) Lot 2: which lies between Frederick Street and Sidney Avenue.
Parking in Lot 2 shall be allowed for a maximum period of four hours. No
monetary charge.
(c) Lot.,I: which is all parking spaces on library property. Parking in
Lot 3 shall be limited to two hours: except, for library staff parked in
designated parking spaces. Only library staff may use the designated
parking spaces. No monetary charge.
(d) Lot a: which is all parking areas under City jurisdiction, which
lies east of Parking Lot 7. Parking in Lot 4 shall require a paid parking
pass as established in Section 8 of this Resolution.
(e) Lot a: which is all parking spaces on City Hall property. Parking
in Lot 5 shall be for City Hall patrons and official vehicles only. The Police
Chief or his/her designate may authorize deviations to this policy for Lot
5, if necessary. No monetary charge.
Resolution No. 041-10
Page 12 of 14
(f) Lot 6: which is all parking spaces abutting the landscaped area at
the southwest corner of the intersection of Bay Street and DeKalb Street.
Parking in Lot 6 shall be allowed for a maximum period of two hours. No
monetary charge.
(g) Lot 7: which are the western most four rows of parking areas
under City jurisdiction and east of and parallel to the Library's eastern
most wall. Parking in Lot 7 shall be allowed for a maximum period of two
hours. No monetary charge.
2. Parking restrictions in Lots 1, 2, 3, 4, 5, 6, and 7 shall be enforced on a
twenty-four hour basis: except, Saturday, Sunday, and federal holidays within the
City.
3. Parking restrictions in Lot 4 shall also be enforced on a twenty-four hour
basis on each Saturday in the period of April rst to October 31st.
SECTION 8. Parking passes are established for city parking lots
defined in Section 7 of this Resolution as follows:
1. HOURLY PUBLIC PARKING PASS: An Hourly Public Parking Pass is
available to the general public and will require the payment as designated in
subsection 1(a) in United States Currency through electronic payment in an
electronic parking pay station or similar instrument provided near the parking
space for each one hour interval.
(a) Hourly Public Parking Pass rates are as follows:
Effective January 1, 2011: $1.00
2. DAILY PUBLIC PARKING PASS: A Daily Public Parking Pass is
available to the general public and will require the payment as designated in
subsection 2(a) in United States Currency through electronic payment in an
electronic parking pay station or similar instrument provided near the parking
space for each twelve hour interval or part thereof.
(a) Daily Public Parking Pass rates are as follows:
Effective January 1, 2011: $5.00
3. MONTHLY PUBLIC PARKING PASS: A Monthly Public Parking Pass
is available to the general public and will require the payment as designated in
subsection 3(a) in United States Currency through electronic payment in an
electronic parking pay station or similar instrument provided near the parking
space. The monthly pass will be good for 31 consecutive calendar days from the
date of purchase. Monthly parking passes are non-refundable; guarantee
Resolution No. 041-10
Page 13 of 14
designated parking spaces from the hours of 4 a.m. to 10 a.m. except Saturday,
Sunday, and federal holidays; and will not be prorated.
(a) Monthly Public Parking Pass rates are as follows:
Effective January 1, 2011: $90.00
4. DOWNTOWN MERCHANT PARKING PASS: A Downtown Merchant
Parking Pass is available to documented business owners, and their documented
employees, whose businesses and place of employment is located in the
downtown Port Orchard area between and including the Soo and 13oo blocks of
Bay Street and the north and west side of Prospect Street. Downtown Merchant
Parking Passes will require the payment as designated in subsection 4(a) in
United States Currency and may be purchased from the City Treasurer's Office.
Downtown Merchant Parking Passes are non-refundable; guarantee designated
parking spaces between the hours of 4 a.m. and 10 a.m. except Saturday, Sunday
and federal holidays; and will not be pro -rated.
(a) Downtown Merchant Parking Pass rates are as follows:
Effective January 1, 2011: $30.00
5. COMMUTER VANPOOL OR CARPOOL PARKING PASS (3 or more
persons per vehicle -registered with Kitsap Transit): A Commuter Vanpool or
Carpool Parking Pass is available to registered vanpools and carpools and will
require the payment as designated in subsection 5(a) in United States Currency.
Commuter Vanpool or Carpool Parking Passes may be purchased from the City
Treasurer's Office. Commuter Vanpool or Carpool Parking Passes are non-
refundable; guarantee designated parking spaces between the hours of 4 a.m and
10 a.m except Saturday, Sunday and federal holidays; and will not be pro -rated.
(a) Commuter Vanpool or Carpool Parking Pass rates are as follows:
Effective January 1, 2011: $30.00
6. CONTRACTOR'S PARKING PASS: Effective January 1, 2011
Contractor's Parking Pass be $8.00 per day per parking space per 24 hour period.
The purpose of this pass is to accommodate a temporary need of parking, as
determined by the City Engineer.
SECTION 9. The following rules apply to the use of City parking
passes as defined in Section 8 of the Resolution as follows:
1. APPLICABLE PARKING LOTS: The City -issued parking passes, except
for the Contractor's Parking Pass, are applicable only to Lot 1 and Lot 4. The City -
issued parking passes, to include the Contractor's Parking pass, do not provide
parking privileges in City -owned lots 2, 3, 5, 6, or 7. Available parking areas for
Resolution No. 041-10
Page 14 of 14
Contractor Parking Passes will be specified when the parking pass is issued.
2. STALLS RESERVED 4 A.M. TO to A.M.: Designated parking stalls in Lot
i and Lot 4 will be marked to allow parking only by Monthly Public Parking Pass,
Downtown Merchant Parking Pass, and Commuter Vanpool or Carpool Parking Pass
holders between the hours of 4 a.m. and ro a.m. except Saturday, Sunday and federal
holidays.
3. POSTING OF PASSES: The City -issued parking passes for HOURLY and
DAILY parking must be affixed on the inside of the vehicles driver's door window (not
the front windshield). Passes for MONTHLY, MERCHANT, CARPOOL, and
CONTRACTOR passes must be affixed to the bottom portion of the hangtag provided
and then hung from the rearview mirror located on the vehicles front windshield. If
no rearview mirror exists, the hangtag shall be placed face up on the middle of the
dash and made clearly visible from outside of the front of the vehicle. It is the
responsibility of the pass holder to place the parking pass as described above.
4. ENFORCEMENT: The City -issued parking pass allows the specified
vehicle to park in a City -designated paid parking lot without making daily parking fee
deposits. The parking pass does not allow the vehicle to park in excess of the posted
hours or be exempt from any posted parking rules in any other location. Such vehicles
are subject to enforcement and parking infractions.
SECTION io. Effective Date. The effective date of this resolution
shall he January 1, 2011.
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 November 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
RESOLUTION NO. 014-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING REGULATIONS AND FEES RELATED TO PARKING,
STOPPING OR STANDING IN CERTAIN AREAS OF THE CITY AND
REPEALING RESOLUTION NO. 2069
WHEREAS, WAC 308.330.270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in the City by resolution, after an engineering
and traffic investigation by the traffic engineer; and
WHEREAS, Port Orchard Municipal Code Section 10.12.080(1) authorizes the City
Council to from time to time establish parking prohibitions and restrictions on portions of certain specified
streets; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such resolutions; and
WHEREAS, upon review of Resolution No. 2069 it was determined that an update was
necessary to establish new parking regulations and increase parking pass rates; now therefore,
THE COUNCIL OF THE CITY OF PORT ORCHARD DOES RESOLVE AS FOLLOWS:
SECTION 1. Repealer. Resolution No. 2069 of the City of Port Orchard is hereby
repealed.
SECTION 2. Parking Prohibited at All Times. When signs are erected by the City
Engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts
of streets described as follows:
1. Ada Street On the north side of Ada Street, in front of 825 Ada
Street.
2. Advantage Avenue: on both sides of the north 350 feet of roadway and on
the left hand side, as the traffic flows, of the remainder of
the street.
3. Austin Avenue: on the west side, from the intersection with Dwight Street
to the intersection with Division Street.
4. Bay Street: on both sides, from the traffic signal on SR166
(Bay/Maple Street) for a distance of two hundred feet
northeast of Guy Wetzel Street.
5. Bay Street: at the intersection with Wharf Street, (Mitchell Point)
along the outside radius of the existing road as
delineated by the established guardrail.
6. Bay Street: on the north side, from the DeKalb Street Pedestrian
Pier westerly for seventy feet and in front of 501 Bay
Street.
7. Becky Avenue: on both sides of street.
Resolution No.
Page 2 of 12
S. Bethel Avenue:
on both sides, from DeKalb Street to south city limits.
9. Cedar Canyon:
on both sides of the street within 100 feet of the Tremont
Street right of way.
10. Cline Avenue:
from the northeast corner of Kitsap Street and Cline
Avenue, northerly along the east line of Cline Avenue to
its intersection with Bay Street then continue along the
east line of Bay Street to the south side of Bank Street.
11. Dallas Street:
on the left-hand side, as the traffic flows, on the
remainder of the street.
12. DeKalb Street:
on the south side, from Sidney Avenue westerly for a
distance of one hundred feet.
13. DeKalb Street:
on the north side, from Tracy Avenue easterly to the end
of DeKalb.
14. DeKalb Street:
on the south side, from Mitchell Avenue to the east side
of Tracy Avenue.
15. Division Street:
on the north side, from Cline Avenue easterly to Sidney
Avenue.
16. Donna Street:
on both sides of street.
17. Farragut Avenue:
on both sides, from DeKalb Street to Morton Street:
except, on the east side, one hundred sixty feet north of
DeKalb Street.
18. Lippert Drive:
on both sides, from Pottery Avenue to Advantage Street.
19. Lowren Street
on the right-hand side, as the traffic flows on the one-
way portion of the street
20. Lumsden Road
That portion of both sides of the street which starts at the
intersection with Vivian Court and extends 300 feet to
the east.
21. Longview Avenue:
on both sides of street.
22. Mitchell Avenue:
on both sides, from Bay Street to Kitsap Street.
23. 980 Mitchell Ave:
on city owned property: except, for city equipment.
24. Plisko Avenue
on the south side of the street, from Mitchell Avenue
eastward for 400 feet.
25. Prospect Street:
on the inside radius of the curve between Bank Street
and Frederick Avenue.
Resolution No.
Page 3 of 12
26. Pottery Avenue: on both sides of the street, within 100 feet of the
Tremont Street right of way.
27. Retsil Road: on the west side, from the north corporate limits to the
south property line of 982 Retsil Road.
28. Rockwell Avenue: on both sides, from Bay Street to Morton Street.
29. Rockwell Avenue: on the west side, from Morton Street to Kitsap Street.
30. Ross Street: on both sides of the 500 block and on the south side of
the 400 block.
31. Sage Court: on both sides of street.
32. Sage Street: on both sides from Pottery Avenue east for a distance of
70 feet and on the left hand side, as the traffic flows, on
the street of the remainder of the street.
33. Sidney Avenue: on the west side from Bay Street to Prospect Street.
34. Snowridge Avenue: on the left-hand side, as the traffic flows on the street.
35. Sroufe Street on the south side, from Sidney Avenue to Portland
Avenue.
36. Sprague Street on the right-hand side, as the traffic flows on the one-
way portion of the street.
37. Sweany Street: on the north side, from Cline Avenue westerly for a
distance of three hundred forty feet.
38. Sweany Street: on the south side, from Sidney Avenue westerly for a
distance of two hundred feet.
39. Tremont Street: on both sides of the street, within 100 feet of Pottery
Avenue right of way.
40. Wilkins Drive: on both sides, from the west terminus, eastward 350
feet.
41. Lot 4: all of Lot 4, as defined in Section 7, Saturdays from five
a.m. to five p.m., from April 1 st through October 31 st.
SECTION 3. Parking Prohibited Except Vehicles with Boat Trailers. When signs are
erected by the City Engineer giving notice thereof, no person shall park a vehicle at any time as described
below:
1. Water Street: from Bay Street to waterfront (boat ramp area) parking
restricted to all vehicles: EXCEPT, vehicles with boat
trailers attached, may park for a time limit up to but not
to exceed 48 hours. This is a designated tow away
zone.
Resolution No.
Page 4 of 12
SECTION 4. Parking Prohibited During Certain Hours. When signs are erected by
the City Engineer in each block giving notice thereof, no person shall park a vehicle between the hours of
three a.m. and five a.m. upon any of the streets or parts of streets as described below on the days
specified below:
Tuesdays:
Bay Street: from Bank Street to Harrison Street on both sides.
Thursdays:
Frederick Avenue: from Prospect Street north to Sidney Parkway on both
sides.
3. Sidney Avenue: from Prospect Street north to Sidney Parkway on both
sides.
SECTION 5. Standing or Parking Prohibited During Certain Hours. When signs are
erected by the City Engineer in each block giving notice thereof, no person shall stop, stand or park a
vehicle between the hours specified in this section of any day, or upon any of the streets or parts of
streets described as follows:
1. All access ways in public parking lots at anytime;
2. At all times during hazardous snow and ice conditions; Kitsap Street from Cline
Avenue to Seattle Avenue on both sides of street; Seattle Avenue from Kitsap
Street to Dwight Street; and Dwight Street from Seattle to Harrison Avenue on both
sides of street; Harrison Avenue from Dwight Street to Division Street on both sides
of street; Division Street from Harrison Avenue to Sidney Avenue on both sides of
street; and on Sidney Avenue from Division Street to Kendall Street on both sides
of street.
SECTION 6. Parking Time Limited on Certain Streets. When signs are erected by the
City Engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time
specified in this section, on the days specified in this section, upon any of the streets described as follows
EXCEPT vehicles complying with Residential Parking Permit Program:
1. Ada Street On both sides of Ada Street, from Sidney Avenue to
Harrison Avenue. There will be two-hour parking from
eight a.m. to six p.m. on any day except Saturday,
Sunday, and federal holidays.
2. Austin Avenue: on the east side, from Division Street to Dwight street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
3. Bank Street: on both sides, from Prospect Street to Bay Street. There
will be four-hour parking from eight a.m. to eight p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
Resolution No.
Page 5 of 12
4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue.
There will be two-hour parking from eight a.m. to eight
p.m., on any day: except, Sunday, and federal holidays.
Vehicles with Residential Parking Permits are not
exempt from the parking restrictions specified within this
paragraph (4).
5. Bay Street: on the north side from the DeKalb Street Pedestrian Pier
easterly for one hundred ten feet. There will be two-hour
parking from eight a.m. to eight p.m., on any day:
except, Sunday, and federal holidays.
6. Bay Street: on west side of the 1500 and 1600 block. There will be
four-hour parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
7. Cline Avenue:
on both sides, from Kitsap Street to Dwight Street.
There will be four-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
8. Cline Avenue:
on both sides, from Taylor Street to Division street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
9. DeKalb Street:
on the north side, from Cline Avenue easterly for a
distance of two hundred feet. There will be four-hour
parking from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
10. DeKalb Street:
on both sides, from Seattle Avenue to Sidney Avenue.
There will be four-hour parking from eight a.m. to six
p.m., on any day; except, Saturday, Sunday, and federal
holidays: except, for a space on the south side of
DeKalb Street beginning one hundred five feet east of
Harrison Avenue and continuing easterly for one
hundred seventy five feet. The one hundred seventy five
feet as described shall be designated all day parking.
11. DeKalb Street:
on the north side, from Sidney Avenue westerly for a
distance of one hundred twenty feet. There will be four-
hour parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
12. DeKalb Street: on the south side, from Tracy Avenue easterly to the end
of DeKalb Street. There will be two-hour parking from
eight a.m. to six p.m., on any day: except, Saturday,
Sunday, and federal holidays.
13. DeKalb Street: on both sides, from Mitchell Avenue westerly for a
distance of three hundred and forty feet. There will be
Resolution No.
Page 6 of 12
two-hour parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
14. DeKalb Street: on the north side, from Mitchell Avenue to Tracy Avenue.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
15. Division Street: on both sides, from Sidney Avenue to Seattle Avenue.
There will be two hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
16. Division Street: on the south side, from Cline Avenue to Sidney Avenue.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
17. Dwight Street: on both sides, from Sidney Avenue to Seattle Avenue.
There will be four-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
18. Dwight Street:
on both sides, from Mitchell Avenue westerly for a
distance of two hundred and fifty feet. There will be two-
hour parking from eight a.m. to six p.m., on any day:
except, Saturday, Sunday, and federal holidays.
19. Dwight Street:
on both sides, from Austin Avenue to Cline Avenue.
There will be two-hour parking from eight a.m. to six p.m.
on any day: except, Saturday, Sunday, and federal
holidays.
20. Farragut Avenue:
on the east side, one hundred sixty feet north of DeKalb
Street. There will be two-hour parking from eight a.m. to
six p.m., on any day: except, Saturday, Sunday, and
federal holidays.
21. Frederick Avenue:
on both sides, from waterfront parking lot to Prospect
Street. There will be two-hour parking from eight a.m. to
eight p.m., on any day: except, Saturday, Sunday, and
federal holidays.
22. Harrison Avenue:
on both sides, from DeKalb Street to Dwight Street.
There will be four-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
23. Harrison Avenue:
on both sides, from Dwight Street to Division Street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
Resolution No.
Page 7 of 12
24. Harrison Avenue:
adjacent to 833 1/2 Bay Street, there will be two hour
parking from eight a.m. to eight p.m., on any day:
except, Saturday, Sunday, and federal holidays.
25. Kitsap Street:
on both sides, from Cline Avenue to Rockwell Avenue.
There will be four-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
26. Kitsap Street:
on both sides, from Mitchell Avenue, westerly for a
distance of one hundred fifty feet. There will be two-hour
parking from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
27. Mitchell Avenue:
on the east side, from DeKalb Street northerly for a
distance of seventy feet. There will be two-hour parking
from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
28. Mitchell Avenue: on the west side, from Kitsap Street to Taylor Street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays: and, that portion of 760 Mitchell Avenue
marked as "No Parking Anytime".
29. Mitchell Avenue:
on the east side, from DeKalb Street southerly, to the
bus loading access road, shall be designated all day
parking: except, for the revetment area which is two hour
parking from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
30. Morton Street:
on both sides, from Rockwell Avenue westerly for a
distance of two hundred thirty feet on both sides. There
will be four-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
31. Morton Street:
on both sides, from Rockwell Avenue easterly for a
distance of two hundred thirty feet on both sides. There
will be four-hour parking from eight a.m. to six p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
32. Plisko Avenue
on the north side of the street, from Mitchell Avenue
eastward for 300 feet.
33. Prospect Street: on both sides, from Sidney Avenue to Bank Street.
There will be four-hour parking from eight a.m. to eight
p.m., on any day; except, Saturday, Sunday, and federal
holidays and the inside radius of the curve between
Bank Street and Frederick Avenue.
Resolution No.
Page 8 of 12
34. Prospect Street: on the east side, from Kitsap Street to Bank Street.
There will be four-hour parking from eight a.m. to eight
p.m., on any day: except, Saturday, Sunday, and federal
holidays
35. Prospect Street: on the south side, 100 feet west of Sidney Avenue to
Sidney Avenue. There will be two-hour parking from
eight a.m. to eight p.m., on any day: except, Saturday,
Sunday, and federal holidays.
36. Prospect Street: on the west side, from Kitsap Street to Bank Street.
There will be two hour parking from eight a.m. to eight
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
37. Prospect Street: along the green curb, in front of City Hall at 216 Prospect
Street. There is 30-minute parking from eight a.m. to 8
p.m. on any day: except, Saturday, Sunday, and federal
holidays.
38. Seattle Avenue:
on both sides, from Kitsap Street to Dwight Street.
There will be four-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
39. Seattle Avenue:
on the east side, from Bay Street southerly for a distance
of fifty feet. There will be two-hour parking from eight
a.m. to six p.m., on any day: except, Saturday, Sunday,
and federal holidays.
40. Seattle Avenue:
on both sides from Dwight Street to Division Street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
41. Sidney Avenue:
on both sides of Bay Street to the waterfront. There will
be two-hour parking from eight a.m. to eight p.m., on any
day: except, Saturday, Sunday, and federal holidays.
42. Sidney Avenue:
on the east side from Bay Street to Prospect Street.
There will be two-hour parking from eight a.m. to eight
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
43. Sidney Avenue:
on both sides, from Prospect to Kitsap Street. There will
be four-hour parking from eight a.m. to eight p.m., on
any day: except, Saturday, Sunday, and federal
holidays.
44. Sidney Avenue:
on both sides, from Kitsap Street to DeKalb Street.
There will be four-hour parking from eight a.m. to six
Resolution No.
Page 9 of 12
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
45. Sidney Avenue: on both sides, from DeKalb Street to Taylor Street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays and for the east side of Sidney Avenue between
Taylor Street and Ada Street, which is a school loading
zone.
46. Sweany Street: on the south side, from Cline Avenue westerly for a
distance of three hundred feet. There will be two-hour
parking from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
47. Sweany Street: on the north side, from Sidney Avenue westerly for a
distance of two hundred feet. There will be two-hour
parking from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
48. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel Street.
There will be two-hour parking from eight a.m. to six
p.m., on any day: except, Saturday, Sunday, and federal
holidays.
49. Tracy Avenue: abutting 219 Tracy Avenue. There will be four-hour
parking from eight a.m. to six p.m., on any day: except,
Saturday, Sunday, and federal holidays.
50. Library: North side of driveway adjacent to south side driveway
of library shall be two hour parking from eight a.m. to
eight p.m. on any day: except, Saturday, Sunday, and
federal holidays.
SECTION 7. Parking Time Limited on Certain City Parking Lots.
The City parking lots are identified as follows
(a) Lot 1: which lies between Orchard Street and Frederick Streets.
Parking in Lot 1 is a combination of 4-hour parking, paid parking, and Port
Orchard Marina parking. Port Orchard Marina parking is the northern most row
and shall be managed and enforced by the Port of Bremerton. Designated paid
parking shall require the purchase of a Parking Pass as established in Section 8
of this Resolution.
(b) Lot 2: which lies between Frederick Street and Sidney Avenue.
Parking in Lot 2 shall be allowed for a maximum period of four hours. No
monetary charge.
(c) Lot 3: which is all parking spaces on library property. Parking in Lot 3
shall be limited to two hours: except, for library staff parked in designated parking
spaces. Only library staff may use the designated parking spaces. No monetary
charge.
Resolution No.
Page 10 of 12
(d) Lot 4: which is all parking areas under City jurisdiction, which lies east
of Parking Lot 7. Parking in Lot 4 shall require a paid parking pass as
established in Section 8 of this Resolution.
(e) Lot 5: which is all parking spaces on City Hall property. Parking in Lot
5 shall be for City Hall patrons and official vehicles only. The Police Chief or
his/her designate may authorize deviations to this policy for Lot 5, if necessary.
No monetary charge.
(f) Lot 6: which is all parking spaces abutting the landscaped area at the
southwest corner of the intersection of Bay Street and DeKalb Street. Parking in
Lot 6 shall be allowed for a maximum period of two hours. No monetary charge.
(g) Lot 7: which are the western most four rows of parking areas under City
jurisdiction and east of and parallel to the Library's eastern most wall. Parking in
Lot 7 shall be allowed for a maximum period of two hours. No monetary charge.
2. Parking restrictions in Lots 1, 2, 3, 4, 5, 6, and 7 shall be enforced on
twenty-four hour basis: except, Saturday, Sunday, and federal holidays within the City.
3. Parking restrictions in Lot 4 shall also be enforced on a twenty-four hour basis on
each Saturday in the period of April 1st to October 31 st.
SECTION 8. Parking passes are established for city parking lots defined in
Section 7 of this Resolution as follows:
1. DAILY PUBLIC PARKING PASS: A Daily Public Parking Pass is available
to the general public and will require the payment as designated in subsection 1(a) in
United States Currency for each twelve hour interval or part thereof and where such
currency shall be deposited in a collection box or similar instrument near the parking
space.
(a) Daily Public Parking Pass rates are as follows:
Effective August 1, 2005: $3.00
2. MONTHLY PUBLIC PARKING PASS: A Monthly Public Parking Pass is
available to the general public and will require the payment as designated in subsection
2(a) in United States Currency. Monthly public parking passes may be purchased from
the City Treasurer's Office. Monthly parking passes are non-refundable; guarantee
designated parking spaces from the hours of 4 a.m. to 10 a.m. except Saturday, Sunday,
and federal holidays; and will not be prorated: except in cases such as Fathoms O' Fun,
or another community event specifically approved by the City Council, the City shall
prorate the fee for the monthly parking pass.
(a) Monthly Public Parking Pass rates are as follows:
Effective August 1, 2005: $60.00
Resolution No.
Page 11 of 12
3. DOWNTOWN MERCHANT PARKING PASS: A Downtown Merchant Parking
Pass is available to documented business owners, and their documented employees,
whose businesses and place of employment is located in the downtown Port Orchard
area between and including the 500 and 1300 blocks of Bay Street and the north and
west side of Prospect Street. Downtown Merchant Parking Passes will require the
payment as designated in subsection 3(a) in United States Currency and may be
purchased from the City Treasurer's Office. Downtown Merchant Parking Passes are
non-refundable; guarantee designated parking spaces between the hours of 4 a.m. and
10 a.m. except Saturday, Sunday and federal holidays; and will not be pro -rated: except,
in cases such as Fathoms O' Fun, or another community event specifically approved by
the City Council, the City shall pro -rate the fee for the monthly parking pass.
(a) Downtown Merchant Parking Pass rates are as follows:
Effective August 1, 2005: $30.00
4. COMMUTER VANPOOL OR CARPOOL PARKING PASS (3 or more persons
per vehicle -registered with Kitsap Transit): A Commuter Vanpool or Carpool
Parking Pass is available to registered vanpools and carpools and will require the
payment as designated in subsection 4(a) in United States Currency. Commuter
Vanpool or Carpool Parking Passes may be purchased from the City Treasurer's Office.
Commuter Vanpool or Carpool Parking Passes are non-refundable; guarantee
designated parking spaces between the hours of 4 a.m and 10 a.m except Saturday,
Sunday and federal holidays; and will not be pro -rated: except, in cases such as Fathoms
O' Fun, or another community event specifically approved by the City Council, the City
shall prorate the fee for the monthly parking pass.
(a) Commuter Vanpool or Carpool Parking Pass rates are as follows:
Effective August 1, 2005: $30.00
5. CONTRACTOR'S PARKING PASS: Effective September 1, 2003
Contractor's Parking Pass be $5.00 per day per parking space per 24 hour period. The
purpose of this pass is to accommodate a temporary need of parking, as determined by
the City Engineer.
SECTION 9. The following rules apply to the use of City parking passes as
defined in Section 8 of the Resolution as follows:
1. APPLICABLE PARKING LOTS: The City -issued parking passes, except for the
Contractor's Parking Pass, are applicable only to Lot 1 and Lot 4. The City -issued parking
passes, to include the Contractor's Parking pass, do not provide parking privileges in City -
owned lots 2, 3, 5, 6, or 7. Available parking areas for Contractor Parking Passes will be
specified when the parking pass is issued.
2. STALLS RESERVED 4 A.M. TO 10 A.M.: Designated parking stalls in Lot 1 and
Lot 4 will be marked to allow parking only by Monthly Public Parking Pass, Downtown
Merchant Parking Pass, and Commuter Vanpool or Carpool Parking Pass holders between
the hours of 4 a.m. and 10 a.m. except Saturday, Sunday and federal holidays.
Resolution No.
Page 12 of 12
3. POSTING OF PASSES: The City -issued parking passes must be placed on the
vehicle's front dashboard or other location easily seen by the Parking Enforcement Officer as
that officer stands in front of the car, looking through the front windshield. It is the
responsibility of the pass holder to place the parking pass in an easily visible location, as
described above.
4. ENFORCEMENT: The City -issued parking pass allows the specified vehicle to
park in a City -designated paid parking lot without making daily parking fee deposits. The
parking pass does not allow the vehicle to park in excess of the posted hours or be exempt
from any posted parking rules in any other location. Such vehicles are subject to enforcement
and parking infractions.
SECTION 10. Effective Date. The effective date of this resolution shall be August
1,2005.
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 27'" day of June, 2005.
KIM E. ABEL, MAYOR
ATTEST:
Carol Etgen, City Clerk
Introduced by: Public Works Director
Requested by: Public Works Director
Drafted by: Public Works Director
Introduced: June 22, 2010
Adopted: June 22, 2010
RESOLUTION NO. 023-10
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, MODIFYING PARKING RESTRICTIONS ALONG
ADVANTAGE AVENUE AND REPEALING A PORTION OF
RESOLUTION NO. 014-05
WHEREAS, WAC 308.330.27o authorizes the City to adopt regulations to
prohibit, regulate or limit stopping, standing or parking of vehicles within the City by
resolution and POMC 10.12.080(1) authorizes the City Council to establish parking
prohibitions and restrictions on portions of certain streets; and
WHEREAS, on June 27, 2005 the Port Orchard City Council adopted
Resolution No. 014-05, thereby authorizing the City Council to establish regulations and
fees related to parking, stopping or standing in certain parts of the City; and
WHEREAS, at the request of the City, a petition dated May 5, 2010 containing
signatures from 7 of the 8 residents living along the north 350-ft of Advantage Avenue
was submitted to the Public Properties Committee on June 8, 2010 requesting parking
to be allowed along the east side of Advantage Avenue, but that current parking
restrictions remain in affect along the west side of the street; and
WHEREAS, it has been determined that the requested parking modification
along Advantage Avenue could be supported given the following conditions: 1) Parking
restrictions to remain in effect along the west side of Advantage Avenue, 2) On -street
parking to be allowed through the issuance of a Permit, 3) Permits limited to (2) per
household and 4) If the proposed parking modifications prove to problematic,
Resolution No. 023-10 will be repealed; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Repealer. Section 2 (2) of Resolution No. 014-05 is
hereby repealed.
SECTION 2. Parking Prohibited at All Times. When signs are
erected by the City Engineer giving notice thereof, no person shall park a vehicle
at any time upon any of the streets or parts of streets described as follows:
Resolution No. 023-10
Page 2 of 2
2. Advantage Avenue on the west side of the north 350-ft of roadway
and on the left hand side of, as the traffic flows, of the remainder of
the street.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such
ATT S
Patricia J. I r patrick, CMC, City Clerk
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(36o) 876-4407 0 FAX (36o) 895-9029
Agenda Staff Report
Agenda Item No. Business Item 7F
Subject: Adoption of Resolution No. 042-10,
Accepting the Donation of Real
_Property for Park Purposes and
Authorizing the Mayor to Execute
the Property Donation Agreement
with Carol H. Henricksen
Meeting Date: November 23, 2010
Prepared by: James R. Weaver
Development Director
AttyRouting No: 135-10
Atty Review Date: November 2, 2010
Summary: Ms. Henrikson approached the City staff with a request to donate one parcel that she owns along
Blackjack Creek (parcel number 352401-4-012-2004). The parcel is located northeast of the intersection of
Sidney Avenue and SE Lund Avenue, off of Jones Drive. It is 2.76 acres in size and is heavily forested, with
the eastern property line bordering Blackjack Creek.
Owner/Applicant: Carol H. Henrikson
PO Box 31604
Laughlin, NV 89028
This donation was reviewed by the Public Properties Committee at their October 12, 2010 meeting, and a
recommendation to approve and accept this donation was made to the City Council. A Property Donation
Agreement has been signed by Ms. Henrikson for the Council's consideration. With the attached executed
agreement, the City Council can authorize the Mayor to sign it on behalf of the City and record it at the
County Assessor's office. By doing so, it will provide for future public use of this parcel and preserve it
from potential development.
Property Address/Location: Parcel number 352401-4-012-2004, owned by Carol H. Henrikson, is located
northeast of the intersection of Sidney Avenue and SE Lund Avenue, off of Jones Drive. It is 2.76 acres in
size and is heavily forested, with the eastern property line bordering Blackjack Creek.
Recommendation: To authorize the Mayor to sign the Property Donation Agreement and to record it at
the County's Assessor office.
Motion for Consideration: I move to adopt Resolution No. 042-1o, accepting conveyance of the
subject property on the terms and conditions as stated in the Property Donation Agreement attached
hereto as Exhibit A and authorizing the Mayor to execute the Agreement on behalf of the City and to
acquire the subject property in accordance with the Agreement.
Fiscal Impact: $104.08 in annual taxes collections.
Alternatives: None.
Attachments: Information/Map of Subject Property
Resolution No. 042-10
Property Donation Agreement
Sto. 29. 2010 2;31P.M
uo.1062 P. 2/2
September 29, 2010
City Council of Port Orchard and Honorable Mayor
216 Prospect Street
Port Orchard, WA 98366
Dear Honorable Mayor and Council Persons
RECEIVED
SL P 2 9 2010
CITY OF PORT ORCHARD
PLANNING DEPARTMENT
I own parcel number 352401.4.012-2004 iu the City of Port Orchard, which I would like
to donate to the city. This is a wooded area that borders Black lack Creek. I would like
your favorable consideration of this request. I will provide documentation under separate
cover.
Very truly yours
l Carol I(eiuikson
PO Box 31604
Laughlin, NV 89028
cc James Weaver
Encl
on....ae„„ Meredith R. Green, CPA
MAKE REMITTANCES PAYABLE TO:
mom Kitsap County Treasurer
614 Division Street, MS-32
w+a„,„e.ea Port Orchard, WA 98366
Account Number - For Informational Purposes Only
Process Number 1174499
352401-4.012.2004 axpayerName:
HENRIKSON CAROL HOLLY
Tax Property Description
35241E
THAT PT OF NW114 SE1/4 DES AS FOLS THAT PT OF FOLG TR WH LIES E
OF BLACK JACK CREEK BEG AT NE COR OF NW1/4 SE114 TH SLY ALG E
LN OF SO NW114 SE114 TO NLY LN OF A TR OF LAND CVYD TO
MARCELO N PEREZ BY DEED DATED DEC 20 1950 REC UND AUD FILE
NO 550903 TH WILY ALG NLY LN OF PEREZ TR TO ELY LN OF PLAT OF
ETTA B JONES ADD TO PORT ORCHARD REC IN VOL 9/ OF PLATS PG 26
& 27 TH NLY ALG ELY LN OF SD PLAT TO SELY COR OF A TR OF LAND
CVYD TO R.E.WILLIAMS & WIFE BY DEED DATED NOV 19,1958 REC UND
AUD FILE NO.694160 TH NLY ALG ELY LN OF WILLIAMS TR TO N LN OF
NW1/4 SE1/4 TH ELY ALG SO N LN OF NW7/4 SE1/4 TO POB
VALUE INFORMATION FOR TAX
2009 2010
Land: $11,060 $10,020
Improvements: $0 $0
TOTAL VALUE: $11,060 $10,020
TOTAL TAXABLE VALUE:(Land + Improvements minus Qualifying Exemptions)
$11,060 $10,020
Levy Code 0805 General Levy Rate per $1000 10.2723
Voted Rate -- 24.3 % Voter Approved
2010 WEB TAX STATEMENT
Printed:09/29/2010
HENRIKSON CAROL HOLLY
PO BOX 31604
LAUGHUN, NV 89028
GENERAL TAX DISTRIBUTION
zoos zolo
STATE GENERAL $22.401 STATE GENERAL
$21.36
LOCAL -SCHOOL. $22.201 LOCAL SCHOOL
$25.05
COUNTY $9.96I000NTY
$9.92
CITY $21.55ICITY
$21.47
PORT $7.91IPORT
$7.76
FIRE $14.92I FIRE
$16.67
PUD $.70 PUD
$,69
2009 Total: $99.6412010 Total:
$102.94
Current Taxes
SSESSMENT 2009 2010
Noxious Weed $1.14 $1.14
smt Total $1.14 $1.14
010 General Property Tax +
ssessments = $104.08
TOTAL AMOUNT DUE: No Taxes
Owing
First half taxes paid after April 3011t will incur interest plus penalty
computed on to FULL year amount (ROW 84.56.020).
Tax Description
Tax Account No. Process No. Situs Address
52401-4-012-2004 1 lFl-74-49-9
35241E
THAT PT OF NW1/4 SE1/4 DES AS FOLS THAT PT OF FOLG TR WH LIES E OF BLACK
JACK CREEK BEG AT NE COR OF NWI/4 SE1/4 TH SLY ALG E LN OF SD NWI/4 SEIA
TO NLY LN OF A TR OF LAND CVYD TO MARCELO N PEREZ BY DEED DATED DEC 20
1950 REC UND AUD FILE NO 550903 TH WLY ALG NLY LN OF PEREZ TR TO ELY LN OF
PLAT OF ETTA B JONES ADD TO PORT ORCHARD REC IN VOL 9/ OF PLATS PG 26 & 27
TH NLY ALG ELY LN OF SD PLAT TO SELY COR OF A TR OF LAND CVYD TO
R.E.WILLIAMS & WIFE BY DEED DATED NOV 19,1958 REC UND AUD FILE NO.694160
TH NLY ALG ELY LN OF WILLIAMS TR TO N LN OF NWIA SE1/4 TH ELY ALG SD N LN
OF NWIA SETA TO POB
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,8� 7 KITSAP
`--� Community
COUNTY
Development
home dgpartmentl elected officials data services directions contacts
Application # Applicant Name Type Status Submit Date
Glossary of Terms
M
Community Development
619 Division Street, Port Orchard, WA,;
Phone:(360)337-7181 * Fax:(360)337.492
Search Results
Site Address City Project Name
Kitsap County Assessor's Property Report
Page 1 of 1
Property Report
Tax Account No. Process No. Situs Address
52401-4-012-2004 1174499 O ADDRESS FOUND
Property Class: 910- Undeveloped land
Parcel Information
Tax Code Area:
10805 # of Buildings:
0 Acres: 2.76
Jurisdiction:
IPORT ORCHARD View Rating:
No view
Sec-Twp-Rng:
135 24N 1E Zoning:
City Status: A -Active
Neighborhood:
17402690 Last Inspected:
02/17/10
Taxpayer Information
Name:
1HENRIKSON CAROL HOLLY
Mailing
Address:
1PO BOX 31604
http://kcwppub2.co.ktsap.wa.us/pls/ilisw/lis.online_lis_info_pkg.acct_info?p_in_rp_acct_... 9/29/2010
Value History
Tax Account No. Process No. Situs Address
52401-4-012-2004 1174499
Taxable Annual Annual Annual
Tax Land Improvement Total Annual Noxious Annual
Value Assess
Year Value Value Value Assessed Taxes Assessment AssessmSSWM Weed Total
ent Assessment
2011
2010
2009
200E
2001
200E
200°
2004
200:
200,
2001
6,320
10,020
11,060
11,520
0
D 111,060
0
6,320
10,020
11,5201
6,320
10,020
11,060
11,520
TBD
102.941
99.641
100.64
TBD
0.00
0.00
0.00
TBD
0.001
0.001
0.001
TBD
1.14
1.14
1.14
TBD
jqj±8j
jqqjy8j
101.78
116,0101
13,250
11,520
ailil
111,5201
0
0
0
0
0
16,010
13,250
11,520
11,520
11,520
16,010
13,250
11,520
112520
11,520
156.52
136.88
128.00
141.86
146.54
0.00
0.00
0.00
0.001
0.00
0.00
0.00
0.00
0.00
0.00
1.14
1.14
1.14
0.00
0.00
157.66
138.02
129.14
141.86
146.54
11,520
11,520
OI11,520
_ 0
11,520
11,5201
11,520
150.79
111.79
0.001
0.00
0.00
0.00
0.00
0.00
150.79
111.79
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Kitsap County Parcel Search
Legend
t Parcels
Road Names
v
1`
HENRIKSONROL' HOLLY
35_CA2401 !4-012-2004
Co 'n'. a k @2010Kitsa Count
DISCLAIMER: This map is intended for display purposes only and is not intended for
any legal representations.
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Introduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 042-10
Development Director
Development Director
Development Director
November 23, 2010
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, ACCEPTING THE DONATION OF REAL
PROPERTY FOR PARK PURPOSES AND AUTHORITZING
THE MAYOR TO EXECUTE THE PROPERTY DONATION
AGREEMENT WITH CAROL H. HENRICKSON
WHEREAS, Carol H. Henrickson, a single woman, is the owner in fee title of
Kitsap County Assessor's parcel #352401-4-012-2004, a parcel of wooded land that borders
Black Jack Creek (the "subject property"); and
WHEREAS, on November 09, 2010, Carol H. Henrikson executed a Property
Donation Agreement expressing her desire to donate the subject property to the City of Port
Orchard; and
WHEREAS, a copy of the Property Donation Agreement is attached hereto as
Exhibit A and incorporated by this reference; and
WHEREAS, the City Council has reviewed the Agreement and finds that it is in the
best interests of the City and its citizens to ratify the Agreement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council hereby agrees to accept conveyance of the subject property
on the terms and conditions as stated in the Property Donation Agreement attached
hereto as Exhibit A and authorizes the Mayor to execute the Agreement on behalf of
the City and to acquire the subject property in accordance with the Agreement.
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 November 2010.
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC, City Clerk
RECEIVED
NOV 15 2010
CITY OF CHARD
PLANNING ErPARTM NT
PROPERTY DONATION AGREEMENT
Date and Parties. This Agreement, for reference purposes only, is dated the 9'" day of
November 2010. and is entered into by and between the CITY OF PORT ORCHARD, a
municipal corporation, hereinafter referred to as "City" and CAROL H. HENRIKSON, an
unmarried woman, as her separate property, hereinafter referred to as "Property
Owner."
2. Subject Property. The real property hereinafter referred to as the "Property" which is the
subject of this Agreement is a tract of land located in the City of Port Orchard, Kitsap
County, Washington, identified as Kitsap County Assessor's Parcel No. 352401-4-012-
2004 and legally described in Exhibit A and hereby made a part hereof.
3. Agreement to Donate Property. Property Owner desires to donate the Property to the
City for use as a public park. Property Owner agrees to convey and the City agrees to
accept conveyance of the Property upon the following conditions:
(a) The City accepts the donation of the Property in its present condition on
the terms noted;
(b) The City will pay all customary and ordinary expenses in connection with
the donation of the Property to the City;
(e) The City will provide to Property Owner a letter acknowledging donation
of the Property for Property Owner's federal income tax purposes. The
City makes no representations as to federal or state tax consequences of
the donation.
4. Title. Title of Property Owner shall be free of all encumbrances or defects, except those
noted in the Preliminary Commitment. Property rights reserved in federal patents or state
deeds, building or use restrictions general to the district, and building or zoning
regulations or provisions shall not be deemed encumbrances or defects.
Title Insurance, The City has obtained, at the City's expense, the Preliminary
Commitment for standard coverage owner's title insurance policy. The title policy to be
issued shall contain no exceptions other than those provided for in the specified title
policy form, plus encumbrances or defects noted in Paragraph 4 above. If title is not so
insurable by the closing date set forth in Paragraph 9 hereof, all rights of the City shall
be terminated, except that the City may waive defects and elect to close.
6. Conveyance. Title shall be conveyed by Warranty Deed, free of encumbrances or
defects except those noted in Paragraph 4.
-1-
Included Items. This transaction includes any improvements on the Property.
8. Possession. The City shall be entitled to possession upon recording of the conveyance
document.
9. Closing Date and Closing Costs. The closing shall occur on or before the 315t day of
December 2010. The transaction shall be closed at the office of McGavick Graves, P.S.,
1102 Broadway, Suite 500, Tacoma, Washington 98402. The City will pay all costs in
connection with the closing.
10. Environmental Contamination. Property Owner warrants that she has not caused or
permitted the Property to be used as a site for generation, manufacture, refining,
transportation, transfer, treatment, storage, handling, disposing or processing of
hazardous substances, or other dangerous or toxic materials or solid waste except in
compliance with applicable federal, state and local laws or regulations. Property Owner
has not caused or permitted and has no knowledge of the release of any hazardous
substance on any of the Property at any time.
11. Representation. Property Owner acknowledges that McGavick Graves, P.S. has not
represented the Property Owner in the preparation of this Agreement and cannot give
the Property Owner legal advice. Notwithstanding, Property Owner agrees to have
McGavick Graves, P.S. close this transaction.
12. Facsimile Transmission. Facsimile transmission of any signed original document, and
retransmission of any signed facsimile transmission, shall be the same as delivery of an
original. At the request of either party, or the Closing Agent, the parties will confirm
facsimile transmitted signatures by signing an original document.
13. Notice. All notices required by this Agreement shall be deemed delivered to the
respective party on the date that it is personally delivered to the address set forth below,
or two days after the document is mailed, certified mail, return receipt requested by U.S.
Mail to the address set forth below.
City: James Weaver, AICP, LEED AP
City Development Director
City of Port Orchard
216 Prospect St
Port Orchard, WA 98366
With a copy to: Gregory A. Jacoby, Esq.
McGavick Graves, P.S.
1102 Broadway, Ste 500
Tacoma, WA 98402
Property Owner: Carol H. Henrikson
PO Box 31604
Laughlin, NV 89028
14. Obligations to Survive Closing, It is mutually agreed by the parties hereto that any
provision contained in this Agreement which shall by its nature or terms impose any
-2-
obligations or duty upon any party hereto, or give any right or benefit to any party hereto,
continuing beyond the date of conveyance of the Property, will not be canceled, but will
instead survive such conveyance and will continue in full force and effect until all such
obligations and duties are fully performed and all such rights and benefits are fully
realized.
15. Council Approval. This Agreement is subject to ratification by the City Council. This
matter shall be submitted to the City Council for ratification within thirty (30) days after
signature by all parties.
16. Time is of the Essence. Time is of the essence as to each provision of this Agreement.
This provision has been negotiated by the parties and is material and substantial
consideration.
17, Entire Agreement. The parties have negotiated in good faith with regards to each and
every term of this Agreement. This Agreement embodies all agreements,
representations and warranties to which the parties have agreed to be bound. This
Agreement shall be construed to accomplish the intent and purpose set forth herein, and
shall be presumed to have been drafted by both parties hereto. There are no verbal or
other agreements that modify or affect this Agreement unless specifically referenced
herein.
CITY:
CITY OF PORT ORCHARD,
a municipal corporation
a
Lary Coppola, Mayor
Attest:
Patti Kirkpatrick, Clerk
Approved as to form:
Gregory A. Jacoby, City Attorney
PROPERTY OWNER:
4eHn Carri son
-3-
EXHIBIT A
Tax Description
Tax Account No. Process No. Situs Address
�52401-4-012-200
35241E
THAT PT OF NWI/4 SEI/4 DES AS FOLS THAT PT OF FOLG TR WH LIES E OF BLACK
JACK CREEK BEG AT NE COR OF NWI/4 SE1/4 TH SLY ALG E LN OF SD NW1/4 SEI/4
TO NLY LN OF A TR OF LAND CVYD TO MARCELO N PEREZ BY DEED DATED DEC 20
1950 REC UND AUD FILE NO 550903 TH WLY ALG NLY LN OF PEREZ TR TO ELY LN OF
PLAT OF ETTA B JONES ADD TO PORT ORCHARD REC IN VOL 9/ OF PLATS PG 26 & 27
TH NLY ALG ELY LN OF SD PLAT TO SELY COR OF A TR OF LAND CVYD TO
R.E.WILLIAMS & WIFE BY DEED DATED NOV 19,1958 REC UND AUD FILE NO.694160
TH NLY ALG ELY LN OF WILLIAMS TR TO N LN OF NWI/4 SEI/4 TH ELY ALG So N LN
OF NWI/4 SE1/4 TO POB
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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 7G
Subject: Approval of Contract No. 017-11,
Authorizing the Mayor to Execute an
Interlocal Agreement with Kitsap
County for Incarceration of Juvenile
City Prisoners for Municipal Court
Meeting Date: November 23, 2010
Prepared by: Alan Townsend
Police Chief
Atty Routing No: o45-ro
Atty Review Date: November 17, 2010
Summary: This Agreement is between the City of Port Orchard and Kitsap County Juvenile
Department to allow juvenile offenders within the jurisdiction of Port Orchard Municipal Court
to be housed at the Kitsap County Youth Services Center. The Agreement is limited to detention
of juveniles for offenses which are within the jurisdiction of the Port Orchard Municipal Court
and charged within the City court. All youth held within the juvenile facility on offenses
otherwise subject to the jurisdiction of other courts, including but not limited to Kitsap County
Superior Court, are not governed by this Agreement.
The detention of a juvenile for Port Orchard Municipal Court is rare and may average about 1
detainee or less per year. Most juvenile charges are filed in the Kitsap County Superior Court.
The only offenses filed for juveniles in Port Orchard Municipal Court are driving violations for
juvenile violators between 16 and 18 years of age.
The Agreement has been reviewed by the City Attorney's Office.
Recommendation: Authorize Mayor to sign Agreement.
Motion for consideration: I move to approve Contract No. o17-11, authorizing the Mayor to
execute an Interlocal Agreement with Kitsap County regarding incarceration of Juvenile
detainees for Port Orchard Municipal Court offenses.
Fiscal Impact: The basic fee for detention/custody on behalf of the City for cases charged within
the Port Orchard Municipal Court will be $8o per day per detained youth.
Alternatives: None
Attachments: Interlocal Agreement No. 017-11
INTERLOCAL AGREEMENT
BETWEEN
KITSAP COUNTY AND CITY OF PORT ORCHARD
PROVISION OF JUVENILE DETENTION FACILITIES
City of Port Orchard Contract No. 017-11
Whereas, Kitsap County has and maintains a juvenile detention facility
("Facility") at the Kitsap County Youth Services Center pursuant to RCW chapter 13, et.
seq;
Whereas, City of Port Orchard does not possess sufficient facilities to lodge youth
under the age of eighteen 18 who are alleged or adjudicated juvenile offenders pursuant
to the laws of the State of Washington;
Whereas, it will benefit both Kitsap County and City of Port Orchard by limiting
costs associated with the detention of City of Port Orchard youth and helping Kitsap
County to obtain revenue from beds that might otherwise sit empty;
Whereas, Kitsap County is a political subdivision of the State of Washington and
City of Port Orchard is a municipal corporation in the State of Washington;
Now, therefore, in accordance with the Interlocal Cooperation Act (RCW chapter
39.34) and pursuant to RCW 13.04.030(1)(e)(iii), the County of Kitsap and City of Port
Orchard enter into this agreement. The parties agree as follows:
I. GENERAL CONDITIONS
A. Effective Date of Agreement. The effective date of this agreement shall
be upon execution of this agreement by the parties.
B. Length of Term. The first term of the Agreement shall be the period of
from the effective date through December 31, 2011.
C. Unless otherwise agreed, this agreement shall be automatically extended
for two (2) year periods, beginning on January 1, 2012. The terms and
conditions of this Agreement may be modified by mutual consent to
reflect changed conditions and/or experiences. The first extended term of
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the agreement (1/01/2012 — 12/31/2013) shall maintain detainee charges at
the rates described herein, and the parties shall renegotiate the rate for
each subsequent two-year term. In the event that the parties cannot agree
upon appropriate charges, the per -day rate shall be adjusted to the local
rate of inflation (Seattle -Tacoma CPI) over the course of the current term
of the agreement and all other terms shall remain the same. All
amendments to and adjustments of the Agreement shall be in writing
executed by both parties.
D. If either party is in breach of this Agreement, the other party may
terminate this Agreement immediately by providing written notice to the
offending party. The parties accept the risk that termination of this
agreement may result in the turning away of potential detainees who
would otherwise be accepted at the Facility.
E. Contractor Administrator. This agreement shall be administered for
Kitsap County by Ned Delmore, Director of the Kitsap County Juvenile
Department, Kitsap County Youth Service Center, 1338 SW Old Clifton
Road, Port Orchard, Washington, 98366 and by Chief Alan Townsend,
546 Bay Street, Port Orchard, Washington, 98366, for City of Port
Orchard.
II. SPECIFIC TERMS AND CONDITIONS:
A. Detention. Kitsap County will provide secure custody/detention for
juveniles detained pursuant to Washington State law, including but not
limited to RCW 13.04.030, in accordance with the rules, policies, and
procedures governing the detention of juveniles.
B. This Agreement is limited to detention of juveniles for offenses which are
within the jurisdiction of the Port Orchard Municipal Court under RCW
13.040.030(1)(e)(iii), and are charged within said court. All youth held
within the juvenile facility on offenses otherwise subject to the jurisdiction
of other courts, including but not limited to Kitsap County Superior Court,
are not governed by this Agreement.
C. Admission
(1) When the City of Port Orchard is the arresting agency, the City
shall certify, by the act of presenting a youth for detention, that the
youth is legally detainable. As soon as reasonably practicable, the
City shall present all applicable court orders for the detainee,
including but not limited to warrants of arrest, bench warrants,
charging documents and statements of probable cause. Kitsap
County shall bear no responsibility to screen referrals against
Kitsap County's specific detention criteria, of which a true copy of
the current version is attached hereto and incorporated herein as
Exhibit A, and legal standards for detention. City of Port Orchard
shall defend and hold Kitsap County harmless for any legal action
resulting from the detention of a youth wrongfully presented by
City of Port Orchard for detention and shall pay any judgment
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assessed against Kitsap County for wrongly detaining a City of
Port Orchard youth.
(2) Prior to presenting a youth for detention, City of Port Orchard shall
contact the detention center and obtain verification that Kitsap
County will accept the youth for detention. Upon presenting , or if
on a weekend/holiday on the next business day, an unconvicted
youth for detention based upon the terms of the Court's conditions
for release, the City of Port Orchard shall provide to the detention
staff the pertinent court orders setting forth the Court's conditions
for release for that youth to the extent any such orders or
conditions exist. Upon presenting a youth for detention after
sentencing, the City of Port Orchard shall provide to the detention
staff the judgment and sentence and order of commitment
pertaining to that youth. All psycho -social history known to the
Court or its staff shall be conveyed in writing to Detention Facility
personnel.
(3) Any youth who is unconscious, under the influence of alcohol
and/or drugs, or gravely disabled as defined in RCW 71.34.020
may not be accepted into detention. At the time of presenting a
youth for detention, the City of Port Orchard shall provide to the
Detention Facility all information known about a youth's alcohol
and/or drug usage and all information known about a youth's
mental health status.
(4) Any youth with significant injuries, or who reports that he or she is
currently experiencing significant medical problems, may be
accepted in detention only when approved fit for detention by a
medical doctor or emergency room medical staff.
(5) For youths who are detained pre -conviction and adjudged to be
suffering from a non -emergent medical condition, the Detention
Facility shall make reasonable efforts to notify the City of Port
Orchard of the condition, so that the City may exercise the option
of adjusting conditions of release or making other arrangements to
provide the opportunity for the youth to receive medical care
without charges accruing to the City.
(6) Kitsap County reserves the right to release a detained City of Port
Orchard youth should overcrowding or conditions outside the
Facility's control at the detention facility necessitate such a release.
City of Port Orchard will make arrangements for pick-up of such
youth, upon provision of reasonable notice by the Facility. All
reasonable efforts will be made to provide detention for City of
Port Orchard detainees. Notice during business hours of 8 a.m. —
4:30 p.m. on Monday -Friday (except holidays) shall consist of
notifying the City's contract administrator or designee, designee,
Deborah Hunt, Port Orchard Municipal Court Administrator at
360-876-1701. If she is not available, please call the Port Orchard
Police Department at 360-876-1700. Notice during all other times
Page 3 of 11
shall consist of contacting Cencom (the County's 911 Center)
and/or on -duty supervisory staff of the Port Orchard Police
Department.
(7) Should a youth be rejected for admission or released from
detention, City of Port Orchard shall arrange within three (3) hours
of the time when the youth was rejected or released, to pick up the
youth. The parties will take all reasonable steps to ensure that the
pick-up is completed within three (3) hours but it shall not be a
breach of this agreement if the pick-up is not completed within that
three (3) hour time frame.
(8) City of Port Orchard shall, to the fullest extent practicable, provide
all information regarding its detainees as is routinely required by
the detention facility. Such information shall include any known
accommodation requirements for detainees pursuant to the
Americans with Disabilities Act and the information identified on
the detention facilities' Intake Assessment Record, of which a true
copy of the current version is attached hereto as Exhibit B and
incorporated herein by the reference.
(9) If a youth is incarcerated by another law enforcement agency on a
warrant issued by the City of Port Orchard, Kitsap County shall
provide notice to the Court upon booking via facsimile. No
charges shall accrue against the City until the City has been
provided with notice as set forth in this paragraph.
(10) Kitsap County shall incarcerate detainees received from the City of
Port Orchard until the following occur:
(a) expiration of the term of confinement as indicated in a
Warrant or Order of Commitment; or
(b) upon posting of bail; or
(c) receipt of a directive from a law enforcement officer or
prosecuting attorney of the City of Port Orchard to release
such person held under probable cause without judicial
process; or
(d) for those held upon probable cause without judicial process
upon the passage of two (2) business days; provided, prior
to releasing any person pursuant to this subsection, Kitsap
County shall attempt to contact the City of Port Orchard to
ascertain the City of Port Orchard's desire with regard to
said person; provided that the City of Port Orchard shall
agree to defend and hold Kitsap County harmless as set
forth below for any claim or action resulting from the
detention of an individual wrongly detained at the direction
of the City of Port Orchard.
(11) Upon transfer of custody to Kitsap County, it shall be Kitsap
County's responsibility to confine the detainee; to supervise,
discipline and control said detainee; take such steps as to necessary
to safeguard the detainee's health and safety; and to administer the
Page 4 of 11
detainee's sentence pursuant to the order of the committing court
in the State of Washington.
(12) Kitsap County will provide education and any other services to
detainees in the same manner as it provides services to youth
detained by Kitsap County Juvenile Court.
III. TRANSPORTATION:
A. For youth held by Kitsap County on behalf of the City of Port Orchard,
City of Port Orchard shall assume a proportionate share of the financial
responsibility for costs of transportation and security necessarily incurred
to secure emergent medical evaluations and/or emergency treatment.
Emergent medical evaluations and/or treatment are such necessary
medical services that are not available from the health care program within
the Youth Services Center. A proportionate share shall be calculated
based on the City's apportioned share of the fees for detention as defined
in Section V. Nothing herein shall preclude the City of Port Orchard from
retaking custody of an ill or injured detainee by picking the detainee up for
transfer from detention; provided, in situations Kitsap County deems that a
detainee requires emergency medical care, Kitsap County shall have the
right to arrange for emergency medical services notwithstanding a request
from the City of Port Orchard to retake custody of the detainee.
B. Cost for transportation and stand-by time performed by Kitsap County
staff shall be the Internal Revenue Service mileage rate in effect at the
time of the service performed and the current cost to provide a detention
officer (currently $28.00 per officer per hour).
C. City of Port Orchard shall guarantee transportation for detainees upon
release from custody for any reason. City of Port Orchard will provide, or
arrange, for all transportation of detainees to and from detention.
D. City of Port Orchard shall arrange to pick up the detainee within six (6)
hours of notification by the Detention Facility of the release date and time
from the detention center. The parties will take all reasonable steps to
insure that the pick-up is completed within three (3) hours of the release
date and time but it shall not be a breach of this agreement if the pick-up is
not completed within that three (3) hour time frame.
E. City of Port Orchard will arrange any release and transfer of a detainee
into electronic home monitoring or any other detention alternative
authorized by the Port Orchard Municipal Court. The Juvenile
Department will not make arrangements of this nature, and the Juvenile
Department's Alternatives To Detention Program will not be consulted
with regard to City of Port Orchard detainees.
F. A detainee serving a sentence or commitment will not be held beyond
his/her sentence or commitment expiration date and time.
Page 5 of 11
IV. MEDICAL TREATMENT
A. KITSAP COUNTY shall provide to City of Port Orchard detainees at no
additional charge those routine medical services that are provided to other
detainees for which the health care provider does not render a separate
billing for providing care to a specific individual.
B. City of Port Orchard shall reimburse Kitsap County for its proportionate
share of non -cosmetic dental services, prescription drugs, and for medical
services for which a health care provider renders a separate billing for
providing care to a specific City of Port Orchard detainee. In the event
that a City of Port Orchard detainee is hospitalized, Kitsap County will
immediately contact City of Port Orchard Police Department. City of Port
Orchard will determine and notify Kitsap County whether it requires
custodial security during the period of hospitalization. If custodial
security is required, City of Port Orchard will be responsible for the cost
of the custodial security provided.
C. Kitsap County agrees that the City of Port Orchard shall only be
responsible for its proportionate share of the cost of prescriptions
necessary for the duration of the youth's incarceration. By way of
example, if an youth is sentenced to 5 days of custody, Kitsap County
shall not charge the City for more than 5-days worth of prescription
medicine.
D. The City's proportionate share shall be calculated based on the City's
apportioned share of the fees for detention as defined in Section V.
E. No Waiver of Rieht to Seek Reimbursement. The above paragraphs
relating to medical costs are intended solely to define the obligations
between the parties to this agreement. Nothing contained within the
provisions of this agreement shall be construed to waive the rights of
either party to seek reimbursement for costs from the department of social
and health services, or from the detainee, his or her parent/guardian, or
any other responsible third -party.
V. FEES:
A. The basic fee for detention/custody on behalf of the City for cases charged
within the Port Orchard Municipal Court shall be eighty ($80.00) per day,
per detained youth.
B. If the detainee is also being held by other court(s), the detention/custody
fee shall be apportioned on an equal basis between the respective
jurisdictions having custody of the detainee.
C. A billable custody day shall be defined as all or any part of any calendar
day. For youths detained pre -conviction, billable custody days will begin
accruing on the date of the youth's first hearing in Port Orchard Municipal
Court. For youths detained post -conviction, billable custody days will
begin accruing on the date of the youth's intake.
Page 6 of 11
D. When a detainee is held for 12 hours or less, the charge shall be reduced to
fifty ($50,00) dollars.
VI. BILLINGS:
A. Kitsap County shall bill City of Port Orchard for detention costs on a
monthly basis, or at a time convenient to the financial management of
Kitsap County.
B. City of Port Orchard shall pay all billings in a timely manner, not to
exceed thirty (30) days from the date of billing.
VII. INSURANCE/HOLD HARMLESS:
Kitsap County and the City of Port Orchard shall maintain, throughout the term of
this agreement, insurance adequate to protect both parties against claims that may
arise as a result of the performance of this agreement. Such insurance shall be
placed with responsible insurers, self -insured, or carried through participation in
an insurance pool at levels of coverage adequate to protect Kitsap County and the
City of Port Orchard against loss, and as are ordinarily carried by municipalities
engaged in similar operations. Upon request of the other party, Kitsap County and
the City of Port Orchard shall maintain and provide evidence of liability coverage.
The City of Port Orchard shall hold harmless, indemnify and defend Kitsap
County, its officers, officials, employees and agents, from and against any and all
claims, actions, suits, liability, loss, expenses, damages, and judgments of any
nature whatsoever, including, but not limited to, reasonable costs and attorneys'
fees in defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of the City of Port
Orchard's performance of its obligations under this agreement, or the
performance of its employees, agents, or subcontractors or anyone for whose acts
any of them may be liable. PROVIDED, HOWEVER, that the City of Port
Orchard's obligation hereunder shall not extend to injury, sickness, death or
damage caused by or arising out of the sole negligence of Kitsap County, its
officers, officials, employees or agents. PROVIDED FURTHER that in the event
of the concurrent negligence of the parties, the City of Port Orchard's obligations
hereunder shall apply only to the percentage of fault attributable to the City of
Port Orchard, its employees, agents, or subcontractors.
Kitsap County shall hold harmless, indemnify and defend the City of Port
Orchard, its officers, officials, employees and agents, from and against any and all
claims, actions, suits, liability, loss, expenses, damages, and judgments of any
nature whatsoever, including, but not limited to, reasonable costs and attorneys'
fees in defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of Kitsap County's
performance of its obligations under this agreement, or the performance of its
employees, agents, or subcontractors or anyone for whose acts any of them may
Page 7 of 11
be liable. PROVIDED, HOWEVER, that Kitsap County's obligation hereunder
shall not extend to injury, sickness, death or damage caused by or arising out of
the sole negligence of the City of Port Orchard, its officers, officials, employees
or agents. PROVIDED FURTHER that in the event of the concurrent negligence
of the parties, Kitsap County's obligations hereunder shall apply only to the
percentage of fault attributable to Kitsap County, its employees, agents, or
subcontractors.
The terms of Section VII, INSURANCE/HOLD HARMLESS shall survive the
termination or expiration of this Agreement
VIII. LEGAL REPRESENTATION OF DETAINEE:
City of Port Orchard shall be responsible for responding to detainees' request for
legal assistance or legal representation. If a City of Port Orchard detainee makes
a request for legal assistance or representation to a Kitsap County detention
officer, or elected or appointed official while detained in the detention facility,
Kitsap County shall make a reasonable opportunity available for the detainee to
contact the detainee's legal counsel (if already represented) or shall notify the
City of Port Orchard of the detainee's request for counsel at the earliest
opportunity.
IX. APPLICATION OF DETENTION RULES:
Kitsap County Detention Rules and Practices shall be applicable, except in cases
of conflict with this agreement. In the event of such conflict, this agreement will
control.
X. RELEASE FROM DETENTION:
A. Any City of Port Orchard detainee shall be released, upon demand, to any
City of Port Orchard law enforcement officer.
B. Any City of Port Orchard detainee shall be released upon written direction
or verified verbal direction of the City of Port Orchard Municipal Court or
officer thereof.
XI. NON -DETENTION CUSTODY SERVICES:
Non -detention custody services shall not be affected by this agreement. Court
services, probation services, or the like, shall continue to be the responsibility of
City of Port Orchard and are not subject to this agreement.
XII. FILING:
The parties will file this agreement with the Kitsap County Auditor's Office and
with the Secretary of the State of Washington pursuant to RCW 39.34.040.
Page 8 of 11
XIII. WAIVER OF RIGHTS:
No waiver of any right under this Agreement shall be effective unless made in
writing by an authorized representative of the party to be bound thereby. Failure
to insist upon full performance on any occasion shall not constitute consent to or
waiver of any continuation of nonperformance or any later nonperformance; nor
does payment of a billing or continued performance, after notice of a deficiency in
performance, constitutes acquiescence thereto.
XIV. ADMINISTRATION/DISPOSAL OF PROPERTY:
This Agreement is executed in accordance with the authority of Chapter 39.34
RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW
39.34.030, Kitsap County shall be responsible for administering the confinement
of detainees hereunder. No real or personal property will be jointly acquired by
the parties under this Agreement. All property owned by each of the parties shall
remain its sole property to hold and dispose of in its sole discretion.
XV. TERMINATION:
This Agreement may be terminated prior to expiration by written notice from
either party delivered by regular mail to the contact person at address set forth
herein. Termination by said notice shall become effective one hundred twenty
(120) days after receipt of such notice. The notice shall set forth the reason the
party wishes to terminate the Agreement and the specific plan for accommodating
the affected detainees, if any. Should a youth be detained within the Youth
Center beyond the termination date, Kitsap County will continue to hold the youth
Pursuant to the terms of any Court Order, and the provisions of this agreement
shall continue to apply for the purposes of that detention alone.
XVI. WAIVER OF ARBITRATION RIGHTS:
Both parties acknowledge and agree that they are familiar with the provisions of
RCW 39.34.180(3), as now in effect, and that of their own free will they hereby
expressly waive any and all rights under RCW 39.34.180(3), as now in effect or
as hereinafter amended, to arbitrate the level of compensation for incarceration
services charged under this Agreement, or any renewal thereof, that either party
may posses. The parties further agree that such level of compensation and all
other issues related to the purpose of this Agreement will only be as agreed to
herein or as otherwise agreed to in a writing executed by the parties.
XVII. GOVERNING LAWNENUE:
The parties hereto agree that, except where expressly otherwise provided, the laws
and administrative rules and regulations of the State of Washington shall govern
in any matter relating to this Agreement and to a detainee's confinement under
Page 9 of 11
this Agreement. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington and in the event of dispute; the venue for
any action brought hereunder shall be in Kitsap County Superior Court.
XVIII. MISCELLANEOUS:
In providing these services to the City of Port Orchard, Kitsap County is an
independent contractor and neither its officers, agents, nor employees are
employees of the City of Port Orchard for any purpose including responsibility for
any federal or state tax, industrial insurance or Social Security liability. No
provision of services under this Agreement shall give rise to any claim of career
service or civil service right, which may accrue to an employee of the City of Port
Orchard under any applicable law, rule, or regulation.
XIX. NO THIRD PARTY BENEFICIARY:
Nothing contained in this Agreement shall be construed to create a liability or a
right of indemnification by any third party.
XX. NON-DELEGATION/NON-ASSIGNMENT:
Neither party may delegate the performance of any contractual obligation, to a
third party, unless mutually agreed in writing. Neither party may assign this
agreement without the written consent of the other party.
XXI. SEVERABILITY:
If any provision of this contract shall be held invalid, the remainder of this
contract shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of both parties.
In witness thereof, the parties hereto have approved and executed this agreement, this
day of 2010.
CITY OF PORT ORCHARD
Lary Coppola, Mayor
ATTEST:
Patricia J. Kirkpatrick, MMC
City Clerk
Page 10 of 11
In witness thereof, the parties hereto have approved and executed this agreement, this
day of 2010.
Dated:
KITSAP COUNTY BOARD OF COMMISSIONERS
JOSH BROWN, Chair
STEVE BAUER, Commissioner
CHARLOTTE GARRIDO, Commissioner
Attest:
OPAL ROBERTSON. Clerk of the Board
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