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09/28/2010 - Regular - PacketCa)MMCI) W012013o1:/:1R11 Mayor: 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 September 28, 2oio 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 September 14, 2010, Council Meeting Minutes C. Approval of Contract No. 059-1o, Authorizing the Mayor to Execute Interagency Agreement ICA11o85 for Interpreter Funding (Hunt) 5. PRESENTATION A. Proclamation: Domestic Violence Awareness 6. PUBLIC HEARING A. Annexation of Sidney Glen, File No. A-24-10, with Zoning and Comprehensive Plan Designations (Weaver) 7. BUSINESS ITEMS A. Adoption of Ordinance No. o19-lo, Approving the Annexation Request for Sidney Glen, File No. A-24-10 (Weaver) B. Adoption of Resolution No. 033-1o, Fixing the Date of Public Hearing on a Petition to Vacate a Portion of City Right -of -Way of the Alley Commonly Known as Plat of Pottery Hill Addition to Sidney (Kirkpatrick) C. Approval of Contract No. oho-lo, Authorizing the Mayor to Execute Interlocal Agreement with Kitsap Public Utility District No. 1 for USGS — Kitsap Peninsula Groundwater Model (Dorsey) 8. REPORTS OF COUNCIL COMMITTEES Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 September 28, 2010, Meeting Agenda Page 1 of 2 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 September 27, 2010 Myhre's 7:30 a.m. October 13, 2010 City Hall 5:30 p.m. October 15, 2010 Myhre's 7:30 a.m. October 20, 2010 S.K.W.R.F. 6:30 p.m. October 12, 2010 Myhre's 7:30 a.m. October 19, 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 September 28, 2010, Meeting Agenda Page 2 of 2 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. Consent Agenda 4C Meeting Date: September 28, 2010 Subject Approval of Contract No. 059-10, Prepared by: Deborah M. Hunt Authorizing the Mayor to Execute Court Administrator Interagency Agreement ICA11085 AttyRouting No: NA for Interpreter Funding Atty Review Date: NA Summary: The Municipal Court is requesting the City Council approve Contract No. 059-1o, authorizing the Mayor to execute the attached Interagency Agreement between the Administrative Office of the Courts (AOC) and Port Orchard Municipal Court. The Agreement allows AOC to reimburse the City of Port Orchard for interpreter services for the period of July 1, 2oio, through June 30, 2011, for a maximum of $390 for costs incurred. Background: In 2007, in response to new legislation authorizing assistance to trial courts in paying for interpreter services, Port Orchard Municipal Court in collaboration with all Kitsap County Courts through the Trial Court Coordination Council (TCCC) submitted an Application for Court Interpreter Services Funding. The application was approved. This Agreement authorizes AOC to reimburse the City of Port Orchard for interpreter services. In the Agreement, as a condition of receiving funding, the Courts agree to create and maintain an AOC- approved Language Assistance Plan (LAP). The LAP was created and approved by AOC in 2007 (available upon request). This agreement is the fourth agreement between AOC and the City of Port Orchard for interpreter funds. The State has increased the amount of the reimbursement for this fiscal year for Port Orchard from $2o6 to $390. Recommendation: Staff recommends approving Contract No. 059-1o, authorizing the Mayor to execute the Interagency Agreement ICA11o85 between the State of Washington Administrative Office of the Courts and Port Orchard Municipal Court. Motion for consideration: I move to approve Contract No. 059-1o, authorizing the Mayor to execute Interagency Agreement ICA11o85 between the State of Washington Administrative Office of the Courts and Port Orchard Municipal Court. Fiscal Impact: AOC will reimburse the City for court interpreter services up to $390 for the period of July 1, 2010, through June 30, 2011. At the end of the fiscal year, the City may receive an additional reimbursement to be determined pursuant to Section 5.h. Alternatives: If the Agreement is not executed, the City will not be reimbursed by the State for mandatory court interpreter services. Attachments: Contract No. 059-1o/Interagency Agreement ICA11o85 INTERLOCAL COOPERATIVE AGREEMENT ICA11085 BETWEEN STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS AND PORT ORCHARD MUNICIPAL COURT THIS AGREEMENT is entered into by and between the Administrative Office of the Courts ("AOC") and PORT ORCHARD MUNICIPAL COURT ("Contractor"/"Court"). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a. "Certified Interpreter" means an interpreter who is certified by the administrative office of the courts, as defined in RCW 2.43.020 (4). The names and contact information of certified interpreters are found, and incorporated herein by reference, at www.courts.wa.gov/programs orgs/oos interpret/ . b. "Registered Interpreter" means an interpreter who is registered by the administrative office of the courts, as defined in RCW 2.43.020 (6). The names and contact information of registered interpreters are found, and incorporated herein by reference, at: www.courts.wagov/programs orgs oos interpret/ . c. "Qualified Interpreter" means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). d. "Qualifying event" means a court interpreted event meeting any of the following criteria and the Funding Conditions found, and incorporated herein by reference, at: http: / /inside.courts.Nva.gov/index.cfm?fa=controller.showPage&folder=courtlnterl2ret er&file=interpreterStateFunding : C If the language interpreted is a language for which there are certified spoken language interpreters, the event was interpreted by a certified interpreter who was paid fifty dollars per hour. C If the language interpreted is a language for which there are registered spoken language interpreters, the event was interpreted by a registered interpreter who was paid fifty dollars per hour. C If the language interpreted is a language for which there are registered spoken language interpreters, and the court made diligent efforts to secure a registered interpreter yet none was reasonably available, and the event was interpreted by a qualified interpreter. G If the language interpreted is a language for which there are no certified or registered spoken language interpreters, the event was interpreted by a qualified interpreter. G If the event was interpreted by a qualified sign language interpreter. 2. PURPOSE ICA11085 Page 1 of 7 The purpose of this Agreement is to engage the services of the Count Ci , via the Court, to improve the quality and availability of court interpreter services for Limited English Proficient ("LEP"), deaf, and hard of hearing persons in accordance with chapters 2.42 and 2.43 RCW. a. These funds are intended to address the Court's following needs: C Financial need — i.e., the gap between the Court's available financial resources and the costs to meet its need for certified, registered and qualified interpreters; and C Interpreter need — i.e., the gap between the level of the LEP, deaf, and hard of hearing public's need for language access to the Court's court(s) (i.e., the level of interpreter need) and the available interpreter pool (in particular, certified, registered and qualified interpreters in the applicant's most frequently needed languages). DESCRIPTION OF SERVICES TO BE PROVIDED a. The Court agrees to actively participate in the new vision and structure for state funding of interpreter services, and to track and provide interpreter cost and usage data needed to demonstrate the impact of the funding. In particular, the Court agrees to submit electronically with each request for reimbursement, completed Interpreter Services Funding Data ("ISF Data") reflecting interpreter services and costs. The Court will submit ISF Data representing both qualifying and non -qualifying events. b. Electronic data shall be submitted using the online application and instructions found, and incorporated herein by reference, at: litto: / /inside.coLirts.wa.gov /index.cfm? fa=controller.sliowPagc&folder=courtlnterpretel &file=interpreterStateFunding . c. The Contractor will ensure that the interpreter funding is used for reimbursement of costs paid to certified, registered and qualified interpreters for qualifying events, and pursuant to the Funding Conditions set forth, and incorporated herein by reference, at: http://inside.courts.wa gov/index.cfm?fa=controller.showPage&folder=courtlnteri2r eter&File=interpreterStateFundin� . d. The Court agrees to partner closely with the ACC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement innovations and best practices for providing interpreter services (e.g., innovations in scheduling of interpreters, sharing of translated resources, training of staff and judges), with a view to improving interpreter services and the service infrastructure statewide. e. The Court agrees to provide the Administrative Office of the Courts with a report detailing an assessment of the need for interpreter services for non-English speakers ICA11085 Page 2 of 7 in court -mandated classes or programs, the extent to which interpreter services are currently available for court -mandated classes or programs, and the resources that would be required to ensure that interpreters are provided to non-English speakers in court -mandated classes or programs. This report shall reflect at least three months of the time period of this contract, to be determined by the Court, but will be used by the administrative office of the courts to project year -long estimates. 4. PERIOD OF PERFORMANCE The period of performance under this Agreement shall be from July 1, 2010 through August 31, 2011. S. COMPENSATION a. The Court shall be reimbursed a maximum of $0,390.00 for costs incurred during the period of July 1, 2010—June 30, 2011. No reimbursement shall be made under this Agreement for interpreting occurring subsequent to June 30, 2011. b. The Court shall receive payment for its costs for interpreter services as set forth in Section 3c. c. The Court shall not be reimbursed until paper A-19 invoices and corresponding electronic ISF Data are received and approved by ACC, pursuant to the following schedule: 1) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between]uly 1, 2010 and September 30, 2010, must be received by the AOC no later than October 29, 2010. 2) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between October 1, 2010 and December 31, 2010, must be received by the AOC no later than January 31, 2011. 3) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between January 1, 2011 and March 30, 2011, must be received by the ACC no later than April 29, 2011. 4) Paper A-19 invoices and ISF Data reflecting interpreted assignments occurring between April 1, 2011 and June 30, 2011, must be received by the AOC no later than July 29, 2011. d. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. e. The Court shall, no more frequently than monthly, submit its paper A-19 invoices to: AOC Financial Services PO Box 41170 Olympia, Washington 98504-1170 ICA11085 Page 3 of 7 The ISF Data shall be submitted electronically to AOC Court Services as described in paragraph 3b. I. Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly -completed paper invoice and the completed ISF Data. g. The Court shall maintain sufficient backup documentation of expenses under this agreement. h. AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, AOC may reduce the maximum Agreement amount. AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 6. LANGUAGE ASSISTANCE PLAN(S) As a condition of receiving funding under this Agreement, the Court agrees to implement and maintain an AOC-approved Language Assistance Plan. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 8. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the ACC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of "works for hire," the Court hereby assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty -free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided, that such license shall be limited to the extent which the Court has a right to grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under ICA11085 Page 4 of 7 this Agreement. The ACC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 9. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 10. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 11. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the ACC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 12. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the ACC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 13. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. 14. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. ICA11085 Page 5 of 7 15. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable state and federal statutes and rules; 2. This Agreement; and 3. Any other provisions of the agreement, including materials incorporated by reference. 16. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 17. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 18. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. 19. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or othetwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: ICA11085 Page 6 of 7 AOC Program Ma Katrin Johnson PO Box 41170 Olympia, WA 98504-1170 (360) 704-4062 AGREED: THE ADMINISTRATIVE OFFICE OF THE COURTS Signature Printed Name/Tide Date Court Program Manager: Deborah Hunt Administrator 216 Prospect St Port Orchard, WA 98366-5326 360-876-1701 CONTRACTOR Signature Printed Name/Title Date ICA11085 Page 7 of 7 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Subject: Annexation of Sidney Glen File No. A-24-10, with Zoning and Comprehensive Plan Designations Meeting Date: September 28, 2010 Prepared by: Atty Routing No: Atty Review Date: James R. Weaver Development Director NA NA Summary: The South Kitsap School District submitted a Petition for Annexation to annex one parcel of approximately 9.85 acres in size. The parcel is located at 500 SW Birch Road, which is situated at the southwest corner of the SW Birch Road and Sidney Road SW intersection. The assessor's parcel number is 032301-4-026-2007, within Section 3, Township 23N, Range 1. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 20o6. The parcel is currently designated Highway Tourist Commercial (10-3o DU/Ac) on the Kitsap County Land Use Map, and Public Facilities on the County Zoning Map. This annexation will extend the western City limit to adjoin this parcel with a Community Facilities -zoned parcel to the east, a Commercially -zoned property to the south, and UGA properties to the west and north that are zoned Highway Tourist/Commercial. Most of the parcels to the north, west, and south contain single-family residences on large lots. Ball fields and churches are the primary uses to the east. The parcel proposed for annexation contains the Sidney Glen Elementary School and is fully developed. The Notice of Intent to Petition for Annexation was submitted on May 19, 2010 and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on June 08, 201o. 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 August o6, 2010. The Port Orchard Planning Commission was scheduled to review the Annexation request at their regular meeting; however, the meetings did not have a quorum to take action on the resolution. A poll taken of the Commissioners found that 4 (all respondents) recommend approval of the petition for annexation, with a Comprehensive Plan designation of Public and Community Spaces and Community Facilities zoning for tax parcel 032301-4-026-2007, 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 are determined by Kitsap County to be effective upon adoption. Recommendation: Open the Public Hearing. Fiscal Impact: None. Alternatives: Do not open the public hearing. Attachments: Petition Map Legal Description Page 2 of 2 PETITION FOR ANNEXATION TO CITY OF PORT ORCHARD, WASHINGTON A�CEIVtD AUG 0 g 2010 c1rvor pL4N1VING e ART1l,ENr Proposed Annexation Name SIDNEY GLEN File No. A-24-10 The Honorable 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 RC W 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 22"d day of June, 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 continence 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 the following quotation from the minutes of the June 22, 2010 Port Orchard City Council Meeting: Councilmember Cotebank moved and Councilmember Olin seconded the motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, the )notion passed unanimously. Councibnember Powers was absent. 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. The following page may bested with other pages containing identical text, intended by the signers of this petition to be presented and considered as a single petition. Planning Form 006/Pailion fo, Aimexation APPIwafion (R<,. 08'09) ANNEXATION PETITION FORM AUG O 2010 OWNERS SIGNATURES CAN PORT We, the undersigned, being owners of the real property lying contiguous to y of P pqnTMFN 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, shall be guilty of a misdemeanor. 1. Signature: _ Date: Printed Name: Kathryn Simpson President South Kitsao School District Board Property Address: _ 500 SW Birch Ave Port Orchard Washington Tax Parcel N 2. Signature: Printed Nan( Property Add Tax Parcel No: 032301.4-026-2007 3. Signature: _ Printed Name: Property Address: 500 SW Birch Ave Port Orchard Washington Tax Parcel No: 032301-4-026-2007 4. Signature: Printed Nanu Property Address: 500 SW Birch Ave Port Orchard Washington Tax Parcel No: 032301-4-026-2007 Date: � / a 5. Signature:2V12 � Date: t� Printed Name: Christopher Lemke, th Kitsao School District Board Property Address: 500 SW Birch Ave. Port Orchard Washington Tax Parcel No: 032301-4-026-2007 Planning Fomr 006Petilion for .bme&alion APPlicmion (Rcv. 08,09) f6 x f6 4'•) c 4= c 3 M ni g3� 1 e a� vi T•: :•: :; �i 1 � � w 2 �Q __ + 8 a z �:•Y � a xd+ C 9= z fi # a • z { = a ? ? • a `'a� y '� e3 r � o aYOd MOlfib ai e� 'e� el eI - N 3 OI a Sidney Glen Petition for Annexation to the City of Port Orchard, Washington File No. A-24-10 Legal Description The West 20 feet of the Southwest quarter of the Southwest quarter of Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying south of the south line of the north 630 feet thereof; AND the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 1 East, W.M., Kitsap County, Washington; AND the North 30 feet of the West 333 feet of the East 363 feet of the Northeast quarter of the Northeast quarter of the Northeast quarter of Section 10, Township 23 North, Range I East, W.M., Kitsap County, Washington. AS PROVIDED BY KITSAP COUNTY PUBLIC WORKS DEPT. JUNE 17, 2010 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Meeting Date: Subject: Adoption of Ordinance No. or9-io, Prepared by: Approving the Annexation Request For Sidney Glen, File No. A-24-10 Atty Routing No: Atty Review Date: September 28, 2010 James R. Weaver Development Director RV Summarv: A public hearing was conducted earlier this evening regarding City Council Ordinance No. or9-1o, for the annexation of one parcel totaling approximately 9.85 acres, and the associated right-of-way, located at 500 SW Birch Road, in the vicinity of the intersection of Sidney Road SW and SW Birch Road, within Section 3, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel No. 032301-4-026-2007). With approval of this ordinance, the parcel will have interim City of Port Orchard Comprehensive Plan designation of Public and Community Spaces, and Community Facilities zoning, to become effective upon annexation. Recommendation: Adopt Ordinance No. oi9-io. Motion for consideration: I move to adopt Ordinance No. oi9-1o, approving the Sidney Glen annexation request of Tax Parcel No. 032301-4-026-2007, totaling approximately 9.85 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. os9-lo 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: September 28, 2010 Adopted: ORDINANCE NO. oi9-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY 9.85 ACRES IN THE VICINITY OF THE INTERSECTION OF SW BIRCH ROAD AND SIDNEY ROAD 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 3, TOWNSHIP 23N, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. ASSESSOR'S ACCOUNT NUMBER: 032301-4-026-2007 WHEREAS, on May 19, 2010, the City Council received a notice of intent to petition for annexation for one parcel consisting of approximately 9.85 acres located in the vicinity of the intersection of SW Birch Road and Sidney Road SW, as legally described and geographically depicted in Exhibit "A" attached hereto and incorporated by this reference; and WHEREAS, the initiating party is the owner of real property with a value in excess of ten percent (1o%) of the value of the property for which annexation is petitioned; and Ordinance No. 019-10 Page 2 of 4 WHEREAS, a meeting was held on June 21, 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 August 06, 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 20o6 Kitsap County added the property legally described and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated it as Highway Tourist Commercial on the Comprehensive Plan map and Public Facility on the 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 WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted Ordinance No. 042-08 designating the proposed annexation Commercial on the City's Comprehensive Plan and Commercial — Retail/Office zoning on the City's zoning map for Tax Parcel 032301-4-026-2007, 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 parcel 032301-4-026-2007 and 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 parcel will be served by adequate public sewer, water supply, roads, and other needed public facilities; the parcel is adjacent to areas of Commercial, Residential:4.5 units/acre, and Community Facilities designations within the City and the interim zoning designation of "Community Facilities" is consistent with the uses in the surrounding area; and WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on September 28, 2010, 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, Ordinance No. o19-10 Page � of a THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: 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 g. 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 parcel, 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 Public and Community Spaces and an interim Zoning designation of Community Facilities for parcel 032301-4- 026-2007. 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 "Public Facilities" zoning. SECTION d. The interim designation of Public and Community Spaces and zoning designation of "Community Facilities" for parcel 032301-4-026-2007 shall be included in the City's annual Comprehensive Plan amendment process for 2olo for review and designation as appropriate. The interim zoning controls shall take effect upon annexation to the City. SECTION .q. This annexation will become effective thirty (3o) days after the expiration of the 45-day review by Kitsap County Boundary Review Board, if the Mtsap 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. 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 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. Ordinance No. o19-10 Page 4 of 4 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 4. 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 28th day of September 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Robert Putaansuu, Councilmember l� t j m fc- o GHOl t tE N ¢i o ! � a I o Ala e a - a o� w ei 3 i si :3 W m r m ay = r c W ti M Q M J o 0 Z3 i j E E 77 j IxL_ l I1111 IIIImg a it if 4 = T = If 3i N arax xouna ma a a a3 `{ el �_ ''e3 3` ! e! OD Y 03 ":. _�� c,,- _ ,,. 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 7B Meeting Date: September 28, 2010 Subject: Adoption of Resolution No. 033-10, Prepared by: Patti Kirkpatrick, CMC Fixing the Date of Public Hearing on City Clerk a Petition to Vacate a Portion of City Atty Routing No: 108-10 Right -of -Way of the Alley Commonly Atty Review Date: September 22, 2010 Known as Plat of Pottery Hill Addition to Sidnev Summarv: The applicants, Jason and Alicia Hill, submitted a request to vacate a portion of City right-of-way in the Alley commonly known as Plat of Pottery Hill Addition to Sidney. RCW 25.79 states that the City needs to adopt a resolution setting the date and time of a Public Hearing to vacate the City's right-of-way. The City Engineer and Public Property Committee have reviewed the request submitted by Mr. and Mrs. Hill and recommend review by the Council. Upon adoption of the resolution, staff will post proper notice of the date and time of the hearing and provide notice to adjacent property owners. Recommendation: Staff recommends the Council adopt Resolution No. 033-10, setting the date and time of hearing for the street vacation in City's right-of-way in the Alley commonly known as Plat of Pottery Hill Addition to Sidney, to be held at the November 9, 2olo, regular meeting and to post proper notice of the hearing. Motion for consideration: I move to adopt Resolution No. 033-10, setting the Public Hearing for November 9, 2010, to occur during the regular Council meeting, on a petition to vacate a portion of City's right-of-way in the Alley commonly known as Plat of Pottery Hill Addition to Sidney as submitted by Mr. and Mrs. Jason Hill. Fiscal Impact: City Clerk's office has received the $too vacation processing fee and a certified check for the full appraisal amount of $3,400. Alternatives: Deny the setting of the Public Hearing and return the appraisal fees. Attachments: Resolution No. 033-10 Public Property Committee Minutes Street Vacation Application Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: September 28, 2010 Adopted: RESOLUTION NO. 033-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF CITY RIGHT-OF- WAY OF THE ALLEY COMMONLY KNOWN AS PLAT OF POTTERY HILL ADDITION TO SIDNEY LEGAL DESCRIPTION: a portion of the Plat of Pottery Addition to Sidney per the Plat recorded in Volume 1 of Plats at Page 68, Records of Kitsap County, Washington more thoroughly described as follows: Beginning at the Northwest corner of Lot 6, Block 2 of said Plat; Thence West, io.o feet to the Center line of alley between Blocks One and Two of said Plat; Thence South along centerline of said Alley a distance of 23 feet, more or less, to the center of unpaved portion of said plat; Thence West, at right angles to Block 1, of said Plat, a distance of io.00 feet, to a point on the Easterly Margin of Lot 7 of Block 1 of said Plat; Thence South along East Margin of lot 7 of Block I a distance of 23 feet, more or less, to the northerly edge of paved surfaced driveway/access road; Thence East, at right angles to Block 2, of said Plat, a distance of 20.00 feet, to a point on the Westerly Margin of Lot 7 of Block 2 of said Plat; Thence North 46 Feet along the West Margins of lots 7 and 6 of Block 2 of said Plat to the Point of Beginning: Containing approximately 690 Square Feet ADJACENT PARCEL NOS: 4046-o02-oo6-o107 and 4046-ooi- 007-oto8 WHEREAS, the petitioners, Jason and Alicia Hill, have submitted a petition to vacate a portion of City right-of-way located in the Alley commonly known as Plat of Pottery Hill Addition to Sidney; and WHEREAS, the petitioners constitute more than two-thirds (2/3) of the owners of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the property sought to be vacated is approximately 690 square feet; and WHEREAS, pursuant to Resolution No. 199o, the City Council Public Property Committee and the City Engineer have reviewed the petition and recommend adoption; and Resolution No. 033-10 Page 2 of 2 WHEREAS, petitioners have requested that proceedings be had hereon for the vacation of said right-of-way in the manner prescribed by Chapter 35.79 RCW; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: A Public Hearing on a Petition to vacate a portion of City right-of-way located in the alley commonly known as Plat of Pottery Hill Addition to Sidney, as submitted by Jason and Alicia Hill, is hereby set for Tuesday, November 9, 2010 at 7:00 p.m. in the Robert G. Geiger Council Chambers, City Hall, 216 Prospect Street, Port Orchard, Washington. THAT: Public Notice shall be posted pursuant to RCW 35.79.020, and that individual notice shall be mailed to the owners of Parcel No. 4046-oo1-007-01o8, pursuant to the records of the County. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 28th day of September 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Public Property Minutes Meeting of September 9, 2010 Page 2 of 4 plan as part of the 2011 work plan and that no City owned street lights on Bay Street were to be removed until a plan was in place to identify replacement options. Given that the portion of Bay Street under discussion was also State Route 166, Director Dorsey indicated he would contact WSDOT and clarify the State requirements for the street lighting on Bay Street. Direction to staff was to defer any right-of-way permit approvals for altering Bay Street Lighting until a specific street light plan was in place and approved by City Council and to place the Bay Street Downtown Lighting Study on the 2011 work plan. Street Vacation — Jason & Anita Hill: City Clerk Patti Kirkpatrick spoke to the committee regarding and application for a street vacation of a 20 foot by 46 foot (690 square foot) portion of an unimproved unnamed alley in the Plat of Pottery Addition to Sidney, between West Street and Tacoma Avenue, south of Kendall Street, and north of Sroufe Avenue. The vacation application had been previously discussed by the Public Property committee on October 21, 2009. The alley right-of-way has been tended as a vegetable garden and is adjacent to the applicant's property. It was described that the estimated land value without a specific appraisal per Port Orchard Municipal Code has been set at $3,400, and that the applicant has submitted a certified check in that amount. The City Engineer reviewed the application previously during 2009 and had indicated that the City has not identified need for improvement of the alley for public access or for installation of City utilities or transmission lines. The City engineers comments were reflected in a memo to the Public Property committee dated October 12, 2009. The Committee supported forwarding the item to the next City Council meeting and for setting the date for the Public Hearing to continue the vacation process. Discussion: Review of Contract No 033-09 Kitsap Regional Library City Clerk Patti Kirkpatrick spoke to the committee regarding the Kitsap Regional Library (KLR) Contract No. 033-09. The committee discussed aspects of the existing contract in light of the Ballot measure that had passed on August 17, 2010, officially including Port Orchard within the KLR Library district. It was acknowledged that with the timing of the annexation, that the existing arrangement for KRL services was in place until January 1, 2012. Representatives from KLR described the existing arrangements with other cities and areas and describing the facilities that existed (Poulsbo, Silverdale, Kingston, Manchester, etc.). The upcoming KLR levy was discussed and it was indicated that a $3 million dollar commitment was identified as part of the capital facilities funding associated with that levy. Various aspects of the existing building maintenance were explained by Public Works Director Mark Dorsey. Both Director Dorsey and Branch Manager Kathleen Wilson acknowledged the good relationship between the City and KLR on the building maintenance and elaborated on the ongoing discussions and partnership for maintenance of the existing City owned library building were evolving as funding and needs arose. Director Dorsey identified a list of 50K to 100K in improvements to the building that had been requested in previous budget cycles, but not funded. It was identified that the 2011 City Budget is anticipated for adoption during the first Council meeting in December 2010. Identifying which maintenance projects were the highest priority for Kitsap Regional Library was very important for the next budget cycle. KRL staff stated they would be providing a list of priorities of maintenance improvements as City of Port Orchard E C E 0 \U/ 216 Prospect Street, Port Orchard, WA 9836 (36o) 876-4407 0 FAX (36o) 895-9029 AUG 2 3 2010 STREET VACATION PETITION TO THE CITY COUNCIL OF THE CITY OF PORT ORCHARD: CITY OF PORT ORCHARD CITY CLERKS OFFICE The undersigned, owners of two-thirds of the real property abutting upon that public street described below, do hereby petition the City of Port Orchard to vacate said street/alley, described as follows: Legal description. - (Legal description of portion of right-of-way, which is subject of petition) all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that said City Council by Resolution fix a time and place when this Petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution. 2. The undersigned proposes the following: a. Proposed use of the vacated Right -of -Way: C r f-,c y\c,\ �5 ope sue} J b. The proposed vacation is located in district. c. The property is approximately 'zy feet wide by approximately 614 feet long, containing approximately G5 O total square feet. d. Provide a map with Right -of -Way proposed to be vacated outlined or highlighted. e. The undersigned hereby agree to pay the full appraised value of the vacated right-of-way to the City of Port Orchard, and comply with all conditions required by the City, upon approval of the petition. The petitioner hereby requests that: uit Obtain an appraisal of right-of-way proposed to be vacated. In lieu of an appraisal value of the land may be based on the following square foot valuations: residential $5; Commercial $10; and Industrial $10. QH Certified check is an amount equal to the full appraised or estimated value of land. (Certified check to be held until vacation is approved or denied by Council) Verification by the City of Port Orchard of the undersigned who are the legal property owners represAatricoia e hundred ( 00) percent of the abutting property. J. Kirk trick, C, City Clerk 4. The undersigned has paid to the City Clerk the $100 application fee. it is understood that this fee is not refundable, that it is for the purpose of partially defraying the normal administrative, engineering and legal expenses in processing the petition for vacation, and that it does not constitute a payment for the street vacation requested in the petition. Receipt No: Date These pages are a group of pages containing an identical text and prayer intended by the signers of this Petition to be presented and considered as one Petition and may be filed with other pages containing additional signatures, which cumulatively may be considered as a single Petition. WARNING: Every person who signs this Petition with any other than his true name, or who knowingly signs more than one of these Petitions, or signs a Petition when he is otherwise not qualified to sign, or who make any false statement shall be guilty of a misdemeanor. PRAYER OF PETITION: For the vacation of a portion of that street/alley commonly known as City right-of-way and called Signatures of petitioners (Note: all persons who have an ownership interest must sinn the petition. This includes co-owner(s) and/or spouse. IC\o. !\t\\ _ \L)\Y �ccov , Aup ,>(.i.i- Li1\-\-Vt7 1'1044 (Signature) (Si afore) 002 o06-Giur _101� \C.Cuv,ck / 3G0 oe, 046-002'OOC,-O[O} e1 es one �oy} Grc\narc\ `1S3CG ame ress one ax Pame um er (Signature) Update: May zoto VACATION of ROAD Plat of Pottery Hill Addition to Sidney ABBREVIATED DESCRIPTION: A portion of the Northwest Quarter of the Northeast Quarter of Section 35, Township 24 North, Range 1 East, Willamette Meridian in The city of Port Orchard, Kitsap County, Washington. LEGAL DESCRIPTION — Vacated portion of Alley A portion of the Plat of Pottery Addition to Sidney per the Plat recorded in Volume 1 of Plats at Page 68, Records of Kitsap County, Washington more thoroughly described as follows: BEGINNING at the Northwest corner of Lot 6, Block 2 of said Plat; Thence West,10.0 feet to the Center line of alley between Blocks One and Two of said Plat; Thence South along centerline of said Alley a distance of 23 feet, more or less, to the center of unpaved portion of said Plat; Thence West, at right angles to Block 1, of said Plat, a distance of 10.00 feet, to a point on the Easterly Margin of Lot 7 of Block 1 of said Plat; Thence South along East Margin of lot 7 of Block 1 a distance of 23 feet, more or less, to the northerly edge of paved surfaced driveway/access road; Thence East, at right angles to Block 2, of said Plat, a distance of 20.00 feet, to a point on the Westerly Margin of Lot 7 of Block 2 of said Plat; Thence North 46 Feet along the West Margins of lots 7 and 6 of Block 2 of said Plat to the Point of Beginning; Containing approximately 690 Square Feet V7 LA H 1151TA MAP Lit oif'ottetrtj AnTcl,rl 1.20, su, v" Y,(;. _d4 ZQ1 \};) . §\i m 2 E ! MW-Y J. BUlmlallno (wve no) momst in We rQd-,t of way CO %v 1vat q, Pottery hill Adolitioll n', Sklic,. This propc.oy is ik)caqt,.ol in OIC NOUJIWs( Quarter 01 the Nor(KINI QMM'tcl- ()CScclinn 35, Townslip 21 Wph. Onig.,c, I Liasi, Willanjetjc !vjoj.j;.jiujj in The city of Port Orchard, Kilsap. Cmnny, Wjj:-,Ijjt,,gnjj. -14 NC Kitsap; Credit Union State of Washington County of K�TW I certify that I know or have satisfactory evidence that_ "°'I _tom Y-V10 NpoND is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. This Acknowledgement is attached to a NO P1w0P—ITI 1 Pe;,'f- Consisting of --I---Pages. (Name of Document) Dated: Dg 1 � E? `20ID (Seal/Stamp of Notary) �''rF of wpS'�.,•' ''�I/Il11111111 Notary State of Washing[on M ut �GYV 0_ UCKA7 v0(I Notary's Name Printed My Appointment Expires: Cj 1 pT1 2p� 3 This Acknowledgement is attached to a 1W FF—cp { " (tv} p I Name of Document Dated C(C>1 I ® 12© Ip Consisting of Pages. Notary Comments: P.O. Box 990, Bremerton, WA 98337 • (360) 662-2000 • (800) 422-5852 • kitsapcu. org 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 Subject: Approval of Contract No. o6o-1o, Authorizing the Mayor to Execute Inter -Local Agreement with Kitsap Public Utilitv District No. i for USGS - Kitsap Peninsula Groundwater Model Meeting Date: September 28, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: 103-10 Atty Review Date: September 3, 2010 Summary: In order to properly manage municipal water systems, and in particular manage the approval process associated with water right applications for said water systems, the need for comprehensive groundwater modeling is now considered necessary. The City of Bainbridge Island has just completed their USGS Groundwater Model and the Pierce County USGS Groundwater Model is currently underway. The City of Port Orchard, as a member of WaterPak (Water Purveyors Association of Kitsap), has been invited to participate in the USGS Groundwater Model for the Kitsap Peninsula. This program, partially funded by USGS, will provide a comprehensive analysis of the ground water systems of the Kitsap Peninsula. Kitsap PUD No. 1 shall be responsible for coordinating with the USGS and Participants in the preparation of the ground water model and administration of the agreement with USGS. As a participant, the City of Port Orchard will be required to agree to fund a share of the project, with payments made to Kitsap PUD No. 1. While the exact amount of the Participants contribution will not be known until all Participants have been identified, in no event shall the City of Port Orchard's share exceed $io,000.00 per year for a term of 5-years. Recommendation: Staff recommends the Council authorize the Mayor to sign the Interlocal Agreement (ILA) between Public Utility District No. 1 of Mtsap County and the City of Port Orchard relating to the USGS Kitsap Peninsula Groundwater Model with the City of Port Orchard's share as a Participant not to exceed $1o,000.00 per year for a 5-year term. Motion for consideration: I move to approve Contract No. o6o-1o, authorizing the Mayor to execute an Interlocal Agreement between Public Utility District No. 1 of Kitsap County and the City of Port Orchard relating to the USGS Kitsap Peninsula Groundwater Model with the City of Port Orchard's share as a Participant in an amount not to exceed $1o,000 per year for a 5-year term, as approved by the City Attorney, commencing in January 2011. Fiscal Impact: Proposed 2o11 Budget item within Water/Sewer Fund 401. Alternatives: Disapprove ILA. Attachments: Interlocal Agreement (ILA) No. o6o-10 DRAFT' FOR DISCUSSION PURPOSES - 09/03/2010 INTERLOCAL AGREEMENT City of Port Orchard Contract No. o6o-io FOR FUNDING OF USGS KITSAP PENINSULA GROUND WATER MODEL 1. Parties. THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on the date referenced on the signature page by and between the City of Port Orchard (herein referred to as "Participant") and Public Utility District #1 of Kitsap County, a municipal corporation ("Lead Agency" or "Kitsap PUD"). The term "Participants" as used herein shall include the Participant as identified in this paragraph, and all other public entities who enter into substantially similar agreements with the Lead Agency. 2. Purpose of Agreement. Lead Agency is entering unto an agreement with the USGS for the purpose of having the USGS prepare a comprehensive analysis of the Kitsap Peninsula Ground Water Systems and prepare a Kitsap Peninsula Ground Water Model. 3. Role of Lead Agency. Kitsap PUD shall be responsible for coordinating with the USGS and Participants in the preparation of the ground water model and administration of the agreement with USGS. Kitsap PUD shall receive no compensation for its administrative duties. 4. Contribution of Participant. Participant agrees to reimburse PUD for Participant's share of payments made by Kitsap PUD to the USGS. Such payments shall be made on an annual basis. While the exact amount of Participant's contribution will not be known until all Participants have been identified and have agreed to participate, in no event shall Participant's share exceed $1o,000 per year for five years. 5. By entering into this agreement, no separate legal or administrative entity is created. The Participant and the Lead Agency shall act as an independent contractor and not as an employee of the other party to this agreement. As such, neither party shall have the authority to bind other parties nor control employees of other parties, contractors or other entities. 6. Ownership and Use of Data. Kitsap PUD shall be the custodian and owner of the USGS data. However, as Lead Agency, Kitsap PUD agrees to make available and share with all Participants all of the data and information developed by the USGS including the final ground water model. No other real or personal property will be acquired in furtherance of this agreement. City of Port Orchard Contract No. o6o-io Page 1 of 3 DRAFT FOR DISCUSSION PURPOSES — 09/03/2010 7. Technical Advisory Committee. As Lead Agency, KPUD shall represent all parties in communication with the USGS. In addition, Lead Agency shall support and coordinate the technical advisory committee. All Participants shall be members of this committee. Other entities may be added to the committee upon a majority vote of the Participants. 8. Term. This Agreement shall be in effect for five years. Billings shall be provided to Participant by Lead Agency on an annual basis. 9. Termination. Any Participant may terminate its participation of this Interlocal Agreement at any time for any reason by providing at least 6o days advanced notice of termination in writing to the other parties. In such event, the terminating party shall no longer be obligated to pay any reimbursement costs for the remaining term of this Agreement. In the event of termination, Participant shall forfeit any rights otherwise accruing to it by this agreement. io. Hold Harmless. Each party to this Agreement shall defend, indemnify and hold the other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault of negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. ii. Applicable Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. 12.Non-Discrimination. Parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status or disability in employment of the provision of services. 13. Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of all Parties. 14.Entire Agreement. This Agreement constitutes the entire agreement between Parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. City of Port Orchard Contract No. o6o-io Page 2 of 3 DRAFT FOR DISCUSSION PURPOSES - 09/03/2010 15.Compliance with RCW gn.g4.o4o. Pursuant to RCW 39.34.040, prior to entry into force this Agreement shall be recorded with the Kitsap County Auditor or alternatively, listed by subject on the public web site of the Parties hereto or on other electronically retrievable public source. DATED this day of CITY OF PORT ORCHARD Lary Coppola Mayor ATTEST: Patricia J. Kirkpatrick, CMC City Clerk APPROVED AS TO FORM: 2010 PUBLIC UTILITY DISTRICT #1 OF KITSAP COUNTY John Armstrong, President Board of Commissioners Clerk for Board of Commissioners APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney William Broughton, Kitsap PUD Attorney City of Port Orchard Contract No. o6o-10 Page 3 of 3 City of Port Orchard Council Meeting Minutes Regular Meeting of September 14, 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, Police Chief Townsend, Public Works Director Dorsey, Treasurer Martin, Development Director Weaver, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. A. Pledge of Allegiance Elayne Stadola led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT There were no citizen comments. 3. APPROVAL OF AGENDA Councilmember Olin MOVED and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants Nos. 54149 through 54258 in the amount of $337,354•06; Augusts' Payroll Warrant Nos. 143280 through 143336 in the amount Of $468,771.51; and Treasurer's check book in the amount of $3,518,850.32. B. Approval of the August 17, 2010 Work Study Session Minutes C. Approval of the August 24, 2010 Council Meeting Minutes D. Adoption of Resolution No. 029-10, Repealing Resolution No. 1576, and Dissolving the Change Fund in the Port Orchard Building Department Councilmember Powers MOVED and Councilmember Childs seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Proclamation: Constitution Week Minutes of September 14, 2010 Paae 2 of 11 Mayor Coppola read the Constitution Week proclamation into the record and presented the proclamation to Elayne Stadola who thanked the Council for their continued support. 6. PUBLIC HEARING No Public Hearings were held. 7. BUSINESS ITEMS A. Meeting with Initiating Parties Regarding Notice of Intent to Petition for McCormick East Annexation The following motion was brought forward from the August 24, 2010, Council meeting: Councilmember Powers MOVED and Councilmember Chang seconded the motion to allow the applicant to submit a revised Notice of Intent which geographically modifies the proposed McCormick East annexation to include the twelve parcels as listed in the staff report and identified on the McCormick East Annexation Alternative Map. Development Director Weaver presented the staff report, noting this matter had been postponed to this meeting. A Notice of Intent to Petition for Annexation was received on August 05, 2010, to annex two parcels totaling approximately 109.88 acres. The parcels are located west of Glenwood Road SW, and north and south of McCormick Woods Drive SW, in portions of Section 10 and Section 15, Township 23 North, Range 1 East, W.M., In Kitsap County, Washington. The parcels are in the City's currently recognized Urban Growth Area. The parcels have a County Comprehensive Plan designation of Urban Low -Density Residential with zoning of Urban Low Residential. The notice of intent was considered by City Council on August 24, 2010 at the Council regular meeting and was postponed to the September 14, 2010 meeting. These two parcels comprise a portion of the unincorporated Urban Growth Area located to the east of the McCormick Woods annexation area, south of the Walden-Tanner-Lingerfeldt Annexation area (annexed August 13, 2007) and the Washburn-Grant-Crother Annexation area (annexed May 09, 2009). There are ten additional unincorporated parcels in this general UGA area. One parcel houses the South Kitsap Fire & Rescue District 7 Substation at McCormick Woods Drive SW and Glenwood Road SW. One is a small wedge-shaped undeveloped parcel fronting on Glenwood Road SW. One parcel straddles Glenwood Road SW, with the undeveloped portion to the west in the UGA. The remaining seven parcels are developed for single family residential use. The additional ten parcels were included in McCormick East annexation area as proposed by the 2009 Planning Department map delineating future areas of annexation. The area of all twelve parcels effectively includes annexation of the entire UGA in this area. The Notice of Intent provided by the applicant leaves the Fire District parcel as an island, disconnected from the other nine remaining parcels in the area, necessitating two separate annexation processes if the City were to incorporate the remainder of the UGA into the City. Minutes of September 14, 2010 Paae q of ii Additionally, the boundary as proposed may not meet the logical boundary objective of the Boundary Review Board (RCW.36.93.18o) or by Kitsap County. RCW 35-13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. The notice of intent was conducted on August 24, 2oio at the City Council regular meeting and was postponed to the September 14, 2010 meeting. City Council directed Department staff to conduct a survey of the property owners who may be included in the McCormick East annexation area. A survey was conducted and a positive response from more than the majority of property owners was expressed. Councilmember Powers MOVED and Councilmember Chang seconded the motion to amend by inserting the language, 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 passed unanimously. Upon vote, the main motion as amended passed with four affirmative votes and three dissenting votes. Councilmembers Clauson, Putaansuu, and Childs cast the dissenting votes. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to reconsider the vote of the main motion as amended. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Chang and Olin cast the dissenting votes. The main motion as previously amended, moved, and seconded remained before the Council for consideration: Councilmember Powers MOVED and Councilmember Chang seconded the motion to allow the applicant to submit a revised Notice of Intent which geographically modifies the proposed McCormick East annexation to include the twelve parcels as listed in the staff report and identified on the McCormick East Annexation Alternative Map and 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 Failed with three affirmative votes and four dissenting votes. Councilmembers Childs, Clauson, Colebank, and Putaansuu cast the dissenting votes. Minutes of September 14, 2010 Paae a of ii Councilmember Clauson MOVED and Councilmember Putaansuu 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 East 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 passes with six affirmative votes and one dissenting vote. Councilmember Chang cast the dissenting vote. B. Adoption of Resolution No. 030-10, Amending Resolution No. 123-09, by Establishing a COLA Increase for Non -Union FLSA Not Exempt Employees Human Resource Coordinator Howard presented the staff report, noting at the August 27, 2oio, Finance Committee meeting Staff was directed to proceed with a two percent (2%) COLA to match the union contracts for 2010 as recommended by the Finance Committee for FLSA Not Exempt employees. Councilmember Childs MOVED and Councilmember Clauson seconded the motion to adopt Resolution No. 030-10, amending Resolution No. 123-09, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Not Exempt. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 031-10, Amending Resolution No. 122-09, By Establishing a COLA Increase for Non -Union FLSA Executive Exempt Human Resource Coordinator Howard presented the staff report, noting at the August 27, 2oio, Finance Committee meeting Staff was directed to proceed with a two percent (2%) COLA to match the union contracts for 2oio as recommended by the Finance Committee for FLSA Executive Exempt employees. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 031-10, amending Resolution No. 122-09, by establishing a COLA increase effective October 1, 2010, for non -union represented employees classified as FLSA Executive Exempt. Upon vote, the motion passed unanimously. D. Approval of Resolution No. 032-10, Approving the Planning Department's Administrative Assistant Position to Full Time through 2010 Minutes of September 14, 2010 Paae ti of 11 Human Resource Coordinator Howard presented the staff report, noting on August 27, 2010, the Finance Committee met and recommended support of the Planning Department's proposal to change the Planning Department's Administrative Assistant to full time. The proposal from the Planning Department, identifying the existing shoreline tasks performed by the position, utilized Department of Ecology 2010 Shoreline Grant Funding and resulted in no change to the 2010 Planning Budget for making the Administrative Assistant position full time for the remainder of 201o. The Planning and Engineering Department's existing resources were historically provided through a job share for this position, first reviewed by the Finance Committee on February 20, 2oo8 and approved by City Council in March 11, 2oo8. The HR Coordinator met with the Planning Department Administrative Assistant to ensure full understanding that this position would be supported by a portion of the Shoreline Master Grant to ensure full time status through the end of 2010; and further that there was no guarantee that this full time funding and/or status would remain in the 2011 budget until it was approved. In discussing this matter with Assistant City Attorney, Dave Luxenberg, the Planning Department Administrative Assistant has agreed to sign a memorandum of understanding that she will have full time status through the end of 2010 and that there was no guarantee that full time funding would be allocated in the 2011 budget. Councilmember Colebank MOVED and Councilmember Childs seconded the motion adopt Resolution No. 032-10, approving the Planning Department's Administrative Assistant position to full time with salary and benefits through the end of 2010, utilizing a portion of the DOE Shoreline Grant funds in the amount of $11,429.64; and further authorize the Mayor to execute a memorandum of understanding with the Administrative Assistant that full time funding may not be allocated as part of the 2o11 budget. Upon vote, the motion passed unanimously. E. Approval of Contract No. 071-09, Extending Completion Date for the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project with N. L. Olson and Associates, Inc. Public Works Director Dorsey presented the status report, noting on October 27, 2009, the City of Port Orchard Public Works Department executed a contract with N.L. Olson and Associates, Inc. for the design of the Bay Street Pedestrian Enhancement Project. On March 9, 2010, the City of Port Orchard executed Supplement 1 to the contract extending the expiration date to September 30, 201o. The contract is for plans, specifications, cost estimate, and environmental permitting of a one -mile segment of pedestrian path adjacent to Sinclair Inlet. The design is currently 85% complete and a time extension is needed to the contract. The extension is necessary due to the time it is taking the Port of Bremerton and City Council to decide which alternative will be used for design around the Port of Bremerton property. At present the contract is due to expire on September 30, 2010, Staff Minutes of September 14, 2010 Paae 6 of 11 is requesting a time extension to March 31, 2011, as this will allow Olson and Associates to finish design and permitting. Councilmember Powers MOVED and Councilmember Olin seconded the motion to approve Supplemental Agreement No. 2 for Contract No. 071-09, thereby authorizing the Mayor to extend the contract with N.L. Olson and Associates, Inc. for design of the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project to March 31, 2011. Upon vote, the motion passed unanimously. F. Ratification of Mayor's Signature on Contract No. 056-1o, for 2011 Stormwater Retrofit and LID Grant Application with the Department of Ecology Assistant City Engineer Archer presented the staff report, noting in August of this year, the City had an opportunity from the Washington State Department of Ecology (Ecology) to submit funding applications for Stormwater Retrofit and Low Impact Development (LID) projects. Staff reviewed potential projects and decided to try to secure funding for the stormwater portion of the Cedar Heights Junior High Sidewalk Project. The grant application required a 25% match for this application. Staff revised the Engineer's Estimate, and separated stormwater into a separate funding schedule. The stormwater portion to is determined to be $18o,000, of which $135,000 was requested in grant funding on the application. To meet the application deadline, Staff did not have sufficient time to seek approval of the Mayor's signature prior to submittal and are thus seeking to ratify the Mayor's signature on the application. The City's application was submitted to Ecology on August 30, 2010, for review and the City will know if it was successful on this attempt to secure funding by the end of the year. Councilmember Olin MOVED and Councilmember Putaansuu seconded the motion authorize the Mayor's signature on the Cedar Heights Junior High Sidewalk Stormwater Retrofit Grant Application, Contract No. 056-1o, for the Washington State Department of Ecology in the amount of $135,000. Upon vote, the motion passed unanimously. G. Approval of Contract No. 048-1o, Authorizing the Mayor to Execute and Accept the Municipal Stormwater Capacity Grant with the Department of Ecology Assistant City Engineer Archer presented the staff report, noting in June of this year, the City received a letter from the Washington State Department of Ecology (Ecology) offering funding for the City's municipal stormwater system. Council approved the Grant Acceptance Intent Notice on June 22 and Staff returned the notice to Ecology. The funding is a grant, with no match required, which the City may use to meet compliance with the Minutes of September 14, 2010 Paae 7 of 11 City's Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. Staff is requesting to use the funding primarily for equipment so Public Works Staff may perform tasks to meet permit compliance. Councilmember Olin MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute Municipal Stormwater Capacity Grant Agreement No. G1100084, (City of Port Orchard Contract No. 048-10), between the Washington State Department of Ecology and the City of Port Orchard in the amount of $98,839. Upon vote, the motion passed unanimously. H. Approval of Contract No. 057-10, Authorizing the Mayor to Execute Contract with Apply -A -Line for the 2oio Street Paint Striping Public Works Director Dorsey presented the staff report, noting on May 6, 2010, the City of Port Orchard Public Works Department issued Purchase Order No. 043-10 to the Kitsap County Department of Public Works for the City's annual street paint striping program. Kitsap County was unable to obtain the necessary paint supplies due to a national paint shortage. Therefore, as an alternative measure, the City has requested bids from companies listed on the 2010 Public Works Small Works Roster. By August 26, 2010 the City received two (2) bids as follows: Apply -A -Line, Inc. $28,512.93 (incl. tax) Stripe Rite, Inc. $57,232.20 (incl. tax) Staff has determined that Apply -A -Line is the lowest qualified bidder. Given the late date in the paint striping season, the City will attempt to have this work completed in 2010. If unable to do so due to weather conditions, this activity will be cancelled for 2010. Councilmember Chang MOVED and Councilmember Colebank seconded the motion authorize the Mayor to execute Contract No. 057-10, with Apply -A - Line, Inc. for the 2010 Street Paint Striping in an amount not to exceed $29,000 (including sales tax) with the contract term beginning September 15, 2oio and ending October 15, 2010. Upon vote, the motion passed unanimously. I. Approval of Contract No. 058-1o, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County Regarding Traffic Signal and Street Light Maintenance Public Works Director Dorsey presented the staff report, noting on September 15, 1998, the City of Port Orchard entered into an Interlocal Agreement (ILA) with the City of Bremerton for Traffic Signal and Street Light Maintenance at Intersections, with the effective date Minutes of September 14, 2010 Paae 8 of 11 being January 1999• The City of Bremerton's Signal Shop has recently seen a drastic reduction in staff over the last 2 years and the City of Port Orchard Public Works Department has now solicited Kitsap County to perform these services. The current ILA with the City of Bremerton specifies that "This Agreement shall automatically be renewed on a calendar year basis unless written notice of termination is given by either party by the preceding October 1 of any such year." In general, the City of Bremerton has recently charged $398.95 per signal/month and Kitsap County will be charging $280.76 per signal/month (billed quarterly.) Councilmember Childs MOVED and Councilmember Colebank seconded the motion to authorize the Mayor to execute an Interlocal Agreement No. o58-1o, between Kitsap County and the City of Port Orchard relating to an annual Traffic Signal and Street Light Maintenance at Intersections, commencing January 1, 2011, with an automatic renewal; unless written notice of termination is received prior to October 1, of any such year. Upon vote, the motion passed unanimously. J. Approval of Public Event Application: Waterfront Art Walk City Clerk Kirkpatrick presented the staff report, noting each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Mallory Jackson with Port Orchard Bay Street Association submitted an application for the Annual Art Walk event that will held at the downtown businesses along Bay Street and Harrison Avenue on Friday, September 17, 2010 and Friday, October 15, 2010. The event will include use of City right-of-way's. City Departments, as well as the Fire Department, will be reviewing the application and will submit their recommendations and/or comments. Councilmember Colebank MOVED and Councilmember Childs seconded the motion to approve the public event application for an Art Walk event that will be held at the downtown business along Bay Street and Harrison Avenue on Friday, September 17, 20io and Friday, October 15, 20io, based upon City Department and Fire Department approvals. Upon vote, the motion passed unanimously. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to excuse Councilmember Olin from the September 28, 201o, Council meeting. Upon vote, the motion passed unanimously. 8. CITIZENS COMMENTS There were no citizen comments. Minutes of September 14, 2010 Paae A of 11 9. COMMITTEE REPORTS Councilmember Colebank stated he and the Mayor attended the recent Kitsap Economic Development Alliance meeting. Councilmember Childs announced the Economic Development Tourism Committee meeting will be held Wednesday, September 15, 2010 at 5:30 p.m. at City Hall regarding the Festival of Chimes and Lights preparation; Guest Speakers included Kathy Cocus with Kitsap Economic Development Alliance and Sheila Cline who would be speaking regarding a fundraising opportunity for Chimes and Lights. Councilmember Olin reported on the following Public Property Committee Meeting items: • Pictures of the new benches and picnic tables that were donated by the Rotary for the Clayton Park were provided and to look for an announcement regarding a ribbon cutting ceremony to honor and thank the South Kitsap Rotary; • Paul Powers Park has been cleaned up and the new fencing is in place; • A street vacation will be coming forward at the September 28, 2010, Council meeting; • Met with the Kitsap Regional Library to review their contract. The KRL will provide a proposal of what they can assist the City in for maintenance of the existing building at the October meeting; and • Reviewed a request from the Veterans of Foreign Wars (VFW) regarding placement of a monument at the waterfront. This matter will be brought forward to the September 21, 2010, work study session. w. MAYOR'S REPORT The Mayor Coppola reported on the following: • Attended the Port of Bremerton's Commissioner Work Study meeting regarding the proposed parking garage, of which they passed a resolution showing their support; • Met with Hans Dunshee Thomas, Chair of the House Capitol Budget Committee, at the offices of Gordon Thomas Honeywell regarding how to better present the Parking Garage proposal to the legislatures; • Attended Kitsap Regional Coordinating Council Executive Committee regarding the County -wide Planning Policy moving forward and the upcoming Board Retreat; • Attended the 911 Ceremony put on by the VFW with local first responders; • Began work on the 2011 Budget and met with the City Clerk regarding the Council, Mayor, HR, and Administrative Services budget; • Will meet with other Department Directors regarding the 2011 Budget next week; Minutes of September 14, 2010 Paae 10 of 11 • Met with the Kitsap County Bar Association regarding their proposed parking passes; • Attended the Port Orchard Chamber Luncheon where Bill Stewart with Kitsap Economic Development Alliance was the speaker; • Attended the Board Kitsap Economic Development Alliance meeting; • Addressed the joint meeting of the Port Orchard and Bremerton Chamber meeting along with Mayor Lent of Bremerton and gave the State of the City speech; • Attended a conference call with the City Clerk and Qwest regarding City phones; • Met with former Port Angeles Mayor and Karen Rodger, Former AWC President regarding establishing relationships with legislatures and help find funding for the proposed parking garage; • Attended the Kitsap County Association of Realtors Luncheon where Congressman Dicks was a speaker; • Attended the Kitsap County Housing Authority Finance Committee meeting; • Met with consultant who is working with the Kitsap Regional Coordinating Council on the feasibility of establishing a self -insured group among cities, counties, and other taxing authorities to look at health care benefits; and • Attended the First Lutheran Church Celebration, along with Councilmembers Olin and Colebank. 11. REPORT OF DEPARTMENT DIRECTORS Public Works Director Dorsey provided an update on the Tremont Widening indicating the constructability review and utility design have been submitted to Berger Abam and pushing to get the PSE&E 100% before the end of the year and noted 11 of the right-of-way acquisitions have been settled and 19 are in negotiation; Bay Street Seawall change order regarding change of conditional will be brought forward to the September 28, 2010 Council meeting; and the Kitsap County -wide Earthquake Drill will be held on September 22, 2010. Development Director Weaver reported on the annexation of the Sydney -Glen Elementary School, which will help to ensure school zone lights and speeds are consistent in the area; and noted the Planning Department received a grant from the Department of Commerce in the amount of $97,000 to conduct a transfer and development right planning study. City Clerk Kirkpatrick reported that the annual Association of Washington Cities' District meeting will be held on October 28, 2010, in Bremerton and she will provide additional information as it becomes available; and that a street vacation will be coming forward at the September 28, 2010, Council meeting to set the date and time of the Public Hearing. At 8:51 p.m. Mayor Coppola reconvened the meeting after a five-minute recess. Minutes of September 14, 2010 Paae 11 of 11 12. EXECUTIVE SESSION At 8:51 p.m. Mayor Coppola recessed the meeting for a 3o-minute executive session regarding potential litigation in accordance with RCW 42.30.11o(B). City Attorney Jacoby, City Clerk Kirkpatrick, Chief Alan Townsend, and Public Works Director Dorsey were invited to attend and the Mayor announced that no action would be taken as a result of the executive session. At 9:21 P.M. Mayor reconvened Council back into regular session. 13. ADJOURNMENT At 9:21 P.M. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor