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04/28/2009 - Regular - Packet 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, 360.876.4407 Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times April 28, 2009, Meeting Agenda Page 1 of 2 CITY OF PORT ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 FAX (360) 895-9029 City Council Meeting Agenda April 28, 2009 7:00 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants B. Approval of the April 14, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to May 19, 2009, at 7:00 p.m. at City Hall (Kirkpatrick) D. Approval of Public Event: Kitsap Mustang Club (Kirkpatrick) E. Approval of Public Event: Fathoms O’ Fun Grand Parade (Kirkpatrick) F. Approval of Carnival: Paradise Amusements (Kirkpatrick) G. Adoption of Resolution No. 031-09, Authorizing the Mayor to Execute Contract Extension with Sound Law Center, LLC for Hearing Examiner (Kirkpatrick) H. Adoption of Resolution No. 040-09, Supporting Federal Grant Funding for Tremont Widening/Gateway Project (Dorsey) I. Adoption of Resolution No. 041-09, Supporting the Grant Applications for the Blackjack Creek Wilderness Trail and Authorizing the Mayor to Execute the Grant Applications (Weaver) J. Adoption of Resolution No. 042-09, Supporting the Grant Application for the Boating Facilities Program for the City Boat Launch and DeKalb Pier and Authorizing the Mayor to Execute the Grant Application (Weaver) K. Authorizing the Mayor to Execute Letter Granting Waiver to Display Banner for Cedar Cove Days the Week of June 9, 2009 (Kirkpatrick) 5. PRESENTATION Proclamation: Silver Star Banner Day 6. PUBLIC HEARING A. Canceled: Public Hearing on Ordinance No. 010-09, Amending Port Orchard Municipal Code Title 16, Land Use Regulations (Weaver) 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, 360.876.4407 Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times April 28, 2009, Meeting Agenda Page 2 of 2 B. Public Hearing: Ordinance No. o11-09, Regarding Annexation of McCormick Woods (Weaver) 7. BUSINESS ITEMS A. First Reading of Ordinance No. 012-09, Amending the 2009 Budget (Tompkins) B. Adoption of Resolution No. 043-09, Authorizing the Mayor to Execute for Identity Theft Prevention Program - Red Flag Rule (Tompkins) C. Adoption of Resolution No. 044-09, Authorizing an Inter-Fund Loan Between the Cumulative Reserve for Municipal Fact and the Current Expense Fund (Tompkins) D. Adoption of Resolution No. 045-09, Authorizing the Mayor to Execute Contract with N.L. Olson & Associates for Bay Street Seawall Final Design (Dorsey) E. Adoption of Resolution No. 046-09, Authorizing the Mayor to Execute Contract with Road Runner Striping, Inc. for the Tremont Medical Rechannelization (Dorsey) F. Approval of Public Event: Fathoms O’ Fun Summer Festival Craft/Vendor Show (Kirkpatrick) G. Grant Application: Byrne Justice Assistance (Townsend) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 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 aske d that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee May 22, 2009 7:30 a.m. Mhyre’s Tourism Committee May 13, 2009 2:00 p.m. City Hall Utilities Committee Sewer Advisory Committee (SAC) May 15, 2009 7:30 a.m. May 20, 2009 6:30 p.m. Mhyre’s S.K.W.R.F. Public Property Committee T.B.D. Work Study Session May 19, 2009 7:00 p.m. City Hall City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Meeting Date: April 28, 2009 Subject: Setting Meeting for Work Study Prepared by: Patti Kirkpatrick, CMC Session to May 19, 2009, at 7:00 City Clerk p.m. at City Hall Atty Routing No: NA Atty Review Date: NA Summary: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.080, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for the next work study session to May 19, 2009, at 7:00 p.m. at City Hall in the Robert G. Geiger Council Chambers. Motion for consideration: I move to set the next work study session meeting date and time to Tuesday, May 19, 2009, at 7:00 p.m. to be held at City Hall in the Robert G. Geiger Council Chambers. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: April 28, 2009 Subject: Approval of Public Event: Kitsap Prepared by: Patti Kirkpatrick, CMC Mustang Club City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. The Kitsap Mustang Club has submitted their application for the annual Mustangs on the Waterfront, which will be held on Sunday, July 26, 2009, at the Port Orchard Waterfront Marina Park and Gazebo. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. This Public Event Application is not a new event; they have been hosting their event for many years on the waterfront. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the public event application for the Mustangs on the Waterfront, which will be held on Sunday, July 26, 2009, for use of a portion of the City’s waterfront. Alternatives: Deny the application or approve with conditions. Attachments: Application Fire Department Comments Port Orchard Police Department Comments Finance Department Comments Public Works Department Comments Planning Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: April 28, 2009 Subject: Approval of Public Event: Fathoms Prepared by: Patti Kirkpatrick, CMC O’Fun Grand Parade City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. The Fathoms O’ Fun Festival Inc. has submitted their application for the annual Fathoms O’ Fun Grand Parade public event to be held on Saturday, June 27, 2009, using the City’s Port Orchard Boulevard and Bay Street. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. This public event application is not a new event; they have been hosting their event for many years on Port Orchard Boulevard and Bay Street. Recommendation: Staff recommends approving the public event application. Motion for consideration: I move to approve the public event application for the Fathoms O’ Fun Grand Parade to be held on Saturday, June 27, 2009, for use of a portion of the City’s right- of-way. Alternatives: Deny the application or approve with conditions. Attachments: Application Fire Department Comments Port Orchard Police Department Comments Finance Department Comments Public Works Department Comments Planning Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4F Meeting Date: April 28, 2009 Subject: Approval of Carnival: Paradise Prepared by: Patti Kirkpatrick, CMC Amusements City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. Paradise Amusements has submitted their application for an annual Carnival to be held in the South Kitsap Mall parking lot beginning on Thursday, May 7, 2009 and ending Sunday, May 10, 2009. Although the carnival is on private property, Port Orchard Municipal Code (POMC) 5.32.060 requires Council approval of the event. Paradise Amusements has paid all required fees and has complied with the City’s insurance requirements. This Carnival is not a new event; they have been hosting their event for many years in the South Kitsap Mall parking lot. Recommendation: Staff recommends approving the Carnival application. Motion for consideration: I move to approve the Carnival application for Paradise Amusements to be held in the South Kitsap Mall parking lot beginning Thursday, May 7, 2009 and ending Sunday, May 10, 2009. Alternatives: Deny the application or approve with conditions. Attachments: Carnival Application Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: April 28, 2009 Adopted: RESOLUTION NO. 031-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT EXTENSION WITH SOUND LAW CENTER, LLC FOR HEARING EXAMINER WHEREAS, on March 12, 2008 the City entered into a professional services agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearing Examiner services for the period April 1, 2008 through March 31, 2009; and WHEREAS, Mr. Hunter and the City have agreed to extend the contract for another year and to provide for automatic annual renewal for the next five years; and WHEREAS, Section 6 of the contract provides that the hearing examiner serves at the will of the Mayor and may be removed from the position upon written notice with or without cause; and further that either party may terminate the agreement with 30-days written notice to the other party; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute a contract amendment in the form attached hereto as Exhibit A and incorporated by this reference. 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 April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: April 28, 2009 Adopted: RESOLUTION NO. 031-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT EXTENSION WITH SOUND LAW CENTER, LLC FOR HEARING EXAMINER WHEREAS, on March 12, 2008 the City entered into a professional services agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearing Examiner services for the period April 1, 2008 through March 31, 2009; and WHEREAS, Mr. Hunter and the City have agreed to extend the contract for another year and to provide for automatic annual renewal for the next five years; and WHEREAS, Section 6 of the contract provides that the hearing examiner serves at the will of the Mayor and may be removed from the position upon written notice with or without cause; and further that either party may terminate the agreement with 30-days written notice to the other party; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute a contract amendment in the form attached hereto as Exhibit A and incorporated by this reference. 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 April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Amendment of Contract –Hearing Examiner Page 1 Sound Law Center, LLC AMENDMENT OF CONTRACT COPO Contract No. C030-09 This Amendment of Contract is made by and between the City of Port Orchard, (the “City”) and Sound Law Center, LLC (the “Contractor”). Whereas, On March 12, 2008, the City entered into a professional services agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearings Examiner services for the period April 1, 2008 through March 31, 2009; and Whereas, The parties have agreed that Mr. Hunter will continue as the City’s Hearings Examiner through March 31, 2010 and that unless otherwise terminated, the contract shall automatically renew through March 31 2014; now, therefore, It is agreed: 1. Contractor hereby agrees to perform the services and fulfill the duties of the office of the Hearing Examiner for the City of Port Orchard. 2. The Contractor hereby agrees to the hourly rate of the Hearing Examiner of $175. 3. The parties hereby agree the contract will expire on March 31, 2010; provided unless otherwise terminated, the contract shall automatically renew for four additional annual terms through March 31, 2014. 4. Except as otherwise provided herein all of the terms and conditions of the professional services agreement dated March 12, 2008 shall remain in full force and effect. Dated this 28th day of April 2009. City of Port Orchard: ATTEST: _____________________________ Lary Coppola, Mayor Patricia J. Kirkpatrick, CMC, City Clerk Sound Law Center, LLC Print Name: Title: Amendment of Contract –Hearing Examiner Page 1 Sound Law Center, LLC AMENDMENT OF CONTRACT COPO Contract No. C030-09 This Amendment of Contract is made by and between the City of Port Orchard, (the “City”) and Sound Law Center, LLC (the “Contractor”). Whereas, On March 12, 2008, the City entered into a professional services agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearings Examiner services.; and Whereas, The contract was for one-year and Mr. Hunter has agreed to continue as the City’s Hearings Examiner for another year, with five one-year annual renewals, now, therefore, It is agreed: 1. Contractor hereby agrees to perform the services and fulfill those duties of the office of the Hearing Examiner for the City of Port Orchard. 2. The Contractor hereby agrees to the hourly rate of the Hearings Examiner of $175. 3. The parties hereby agree the contract will expire on March 31, 2010 with an annual renewal for the next five years. Dated this 28th day of April 2009. City of Port Orchard: ATTEST: _____________________________ Lary Coppola, Mayor Patricia J. Kirkpatrick, CMC, City Clerk Sound Law Center, LLC Print Name: Ted Hunter Title: Managing Partner City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4G Meeting Date: April 28, 2009 Subject: Adoption of Resolution No. 031-09, Prepared by: Patti Kirkpatrick, CMC Authorizing the Mayor to Execute City Clerk Contract Extension with Sound Law Atty Routing No: NA Center, LLC For Hearing Examiner Atty Review Date: NA Summary: On March 12, 2008, the City entered into a professional services agreement with Mr. Ted Hunter of Sound Law Center, LLC for Hearings Examiner services. The contract was for one-year and Mr. Hunter has agreed to continue as the City’s Hearings Examiner for another year and asked for annual renewal for the next five years. Section 6. Termination of Agreement, states; a Contractor shall serve at the will of the Mayor and may be removed from the position upon written notice with or without cause; b. either party may terminate this Agreement with 30-days written notice to the other party. Recommendation: Staff recommends the Council authorize the Mayor to execute the contract extension with Sound Law Center, LLC for Hearing Examiner services. Motion for consideration: I move to authorize the Mayor to execute a one-year contract extension with Sound Law Center, LLC for hearings examiner services to expire March 31, 2010. Fiscal Impact: None Attachments: Resolution No. 031-09 Contract Extension Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: April 28, 2009 Adopted: RESOLUTION NO. 040-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE TREMONT STREET WIDENING/GATEWAY PROJECT WHEREAS, on April 2, 2009, the Kitsap Regional Coordinating Council (KRCC) requested a letter of project support for the Tremont Street Widening/Gateway Project as part of the 2011-2013 Federal Funding Cycle application process; and WHEREAS, at its April 21, 2009, Work Study Session, the Council voiced their support for the Tremont Street Widening/Gateway Project; and WHEREAS, the City Council directed staff to prepare a resolution to seek project funding as part of the 2011-2013 Federal Funding Cycle Application Process, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: the City Council fully supports the Tremont Street Widening/Gateway Project and seeks funding through the Kitsap Regional Coordinating Council as part of the 2011-2013 Federal funding cycle application process. 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 April 2009. LARY COPPOLA, MAYOR ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4H Meeting Date: April 28, 2009 Subject Adoption of Resolution No. 040-09, Prepared by: Mark Dorsey, P.E. Supporting Tremont Street Widening Public Works Director Gateway Project Atty Routing No: NA Atty Review Date: NA Summary: As discussed at the April 21, 2009, work study session, the Kitsap Regional Coordinating Council (KRCC) is requesting a letter of project support for the Tremont Street Widening/Gateway Project from the Port Orchard City Council, as a required part of the 2001- 2013 Federal Funding Cycle Application for the PSRC Countywide Project selection process. The City of Port Orchard has established 100% completion of the Tremont Street Widening/Gateway Plans, Specifications and Estimate (PS&E), Right-of-Way Plan approval and acquisition of needed Right-of-Way as the Achievable Milestones for 2009/2010. This plan of action will establish the project as “shovel ready” for future Economic Stimulus and/or other Federal Funding Grant opportunities. Recommendation: Staff recommends that the City Council adopt Resolution No. 040-09, which supports the Tremont Street Widening/Gateway Project in order to stand ready to obtain federal grant funding through the Kitsap Regional Coordinating Council. Motion for consideration: I move to adopt Resolution No. 040-09, supporting the Tremont Street Widening/Gateway Project and seeks funding through the Kitsap Regional Coordinating Council as part of the 2011-2013 federal funding cycle application process. Fiscal Impact: None Alternatives: None Attachments: Resolution No. 040-09 KRCC Countywide Project Application Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: April 28, 2009 Adopted: RESOLUTION NO. 041-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE GRANT APPLICATIONS FOR THE BLACKJACK CREEK WILDERNESS TRAIL AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT APPLICATIONS WHEREAS, under the provisions of RTP, state funding assistance is requested to aid in financing the cost of a facility development, maintenance, or educational project; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Mayor be authorized to make formal application to the Recreation and Conservation Office for funding assistance; and 2. Any fund assistance received be used for implementation of the project referenced above; and 3. Our organization hereby certifies that its share of project funding is committed and will be derived from the Cumulative Reserve for Municipal Facilities; and 4. We acknowledge that we are responsible for supporting all non-cash commitments to this project should they not materialize; and 5. We are aware that the grant, if approved, will be paid on a reimbursement basis, which means the City may only request payment after eligible and allowable costs have already been paid and remitted to our vendors; and 6. We acknowledge that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and RCFB; and 7. This resolution becomes part of the formal application to the Recreation and Conservation Office; and 8. We provided appropriate opportunity for public comment on this application; Resolution No. 041-09 Page 2 of 2 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 April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4I Meeting Date: April 28, 2009 Subject: Adoption of Resolution No. 041-09, Prepared by: James Weaver Supporting the Grant Applications Development Director For The Blackjack Creek Wilderness Atty Routing No: NA Trail and Authorizing the Mayor to Atty Review Date: NA Execute the Grant Applications Summary: At the April 21, 2009, work study session, staff briefly discussed granting opportunities for the Blackjack Creek Wilderness Trail. In requesting Federal and State funding for trails through the Land and Water Conservation Fund and National Recreational Trails Program, the City Council is required to adopt a resolution supporting its grant funding request, which will be submitted as part of the application to the Recreation and Conservation Office. Recommendation: Staff recommends the Council adopt Resolution No. 041-09, supporting the grant application(s) for the Blackjack Creek Wilderness Trail. Motion for consideration: I move to adopt Resolution No. 041-09, supporting the grant applications for the Blackjack Creek Wilderness Trail through the Land and Water Conservation Fund and the National Recreation Trails Program and authorizing the Mayor to execute the grant applications. Alternatives: Not secure grant funding and provide direction to staff. Attachments: Resolution No. 041-09 April 21, 2009 Memo RE: Grant Opportunities Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: April 28, 2009 Adopted: RESOLUTION NO. 042-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE GRANT APPLICATION FOR THE BOATING FACILITIES PROGRAM FOR THE CITY BOAT LAUNCH AND DEKALB PIER AND AUTHORIZING THE MAYOR TO EXECUTE THE GRANT APPLICATION WHEREAS, our organization has approved a comprehensive plan that included this project area; and WHEREAS, under the provisions of BFP, state funding assistance is requested to aid in funding the cost of planning, land acquisition, and/or facility development; and WHEREAS, our organization considers it in the best public interest to complete the planning, land acquisition, and/or facility development project described in the application; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Mayor be authorized to make formal application to the Recreation and Conservation Office for funding assistance; and 2. Any fund assistance received be used for implementation of the project referenced above; and 3. Our organization hereby certifies that its share of project funding is committed and will be derived from Cumulative Reserve for Municipal Facilities; and 4. We acknowledge that we are responsible for supporting all non-cash commitments to this project should they not materialize; and 5. We are aware that the grant, if approved, will be paid on a reimbursement basis, which means the City may only request payment after eligible and allowable costs have already been paid and remitted to our vendors; and 6. We acknowledge that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and RCFB; and 7. This resolution becomes part of a formal application to the Recreation and Conservation Office; 8. We provided appropriate opportunity for public comment on this application. Resolution No. 042-09 Page 2 of 2 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 April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4J Meeting Date: April 28, 2009 Subject: Adoption of Resolution No. 042-09, Prepared by: James Weaver Supporting the Grant Application for Development Director The Boating Facilities Program for Atty Routing No: NA The City Boat Launch and DeKalb Atty Review Date: NA Pier and Authorizing the Mayor to Execute the Grant Application Summary: At the April 21, 2009, work study session, staff briefly discussed granting opportunities to repair and upgrade the City’s boat launch and DeKalb Pier. In requesting Federal and State funding for trails through the Boating Facilities Program, the Recreation and Conservation Office requires the City Council to adopt a resolution supporting its grant application, which will be submitted as part of application process to the Recreation and Conservation Office. Recommendation: Staff recommends adoption of Resolution No. 042-09, supporting the grant applications through the Boating Facilities Program for the City boat launch and DeKalb Pier projects and authorizing the Mayor to execute the grant application. Motion for consideration: I move to adopt Resolution No. 042-09, supporting the grant applications through the Boating Facilities Program for the City boat launch and DeKalb Pier projects and authorize the Mayor to execute the grant application. Alternatives: Not secure grant funding and provide direction to staff. Attachments: Resolution No. 042-09 April 21, 2009 Memo RE: Grant Opportunities CITY OF PORT ORCHARD Office of the Mayor CITY HALL • 216 Prospect Street, Port Orchard, WA 98366 Voice: (360) 876-4409 • Fax: (360) 895-9029 lcoppola@cityofportorchard.us www.cityofportorchard.us September 4, 2020 Ms. Nancy Honsey South Kitsap Fire & Rescue 1974 Fircrest Drive SE Port Orchard, WA 98366 RE: Waiver for Banner Display Dear Ms. Honsey, At its April 28, 2009, meeting, the City Council approved a request from the Cedar Cove Association seeking permission to display their event banner during the week of June 9, 2009. Based on Resolution No. 1797, the City hereby requests the South Kitsap Fire & Rescue to allow the Cedar Cove Association to display their Cedar Cove Days event banner during the week of June 9, 2009. Should you have any questions or require anything further, please feel free to contact my office. Sincerely, CITY OF PORT ORCHARD Lary Coppola Mayor LFC:pjk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4K Meeting Date: April 28, 2009 Subject Authorizing the Mayor to Execute Prepared by: Patti Kirkpatrick, CMC Letter Granting Waiver to Display City Clerk Banner for Cedar Cove Days the Atty Routing No: NA Week of June 9, 2009 Atty Review Date: NA Summary: Resolution No. 1797 sets the guidelines for banner display on Bay Street, and states that a nonprofit organization shall be limited to installation of two (2) banners in a calendar year. Exceptions are granted by the City Council. At its April 21, 2009, work study session, the Council directed the Mayor to draft a letter granting a waiver for display of a banner for the Cedar Cove Days event during the week of June 9, 2009. Recommendation: Staff recommends that the City Council authorize the Mayor to write a letter granting a waiver to allow Cedar Cove Days to display a banner promoting that event during the week of June 9, 2009. Motion for consideration: I move to authorize the Mayor to write a letter granting a waiver to allow Cedar Cove Days banner to be displayed during the week of June 9, 2009. Fiscal Impact: None Alternatives: None Attachments: Draft Letter PROCLAMATION WHEREAS, the City of Port Orchard has always honored the sacrifice of the men and women in the Armed Forces; and WHEREAS, the Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star Banner and Flag; and WHEREAS, to date the Silver Star Families of America has freely given thousands of Silver Star Banners to the wounded and their families; and WHEREAS, the members of the Silver Star Families of America have worked tirelessly to provide the wounded of this City and Country with Silver Star Banners, Flags and care packages; and WHEREAS, the Silver Star Families of America's sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember the sacrificed for this City, State and Nation; and NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, hereby proclaim my appreciation of the Silver Star Families of America and designate May 1, 2009 as SILVER STAR BANNER DAY in the City of Port Orchard and I call upon all employees and citizens of the City of Port Orchard to observe this day with appropriate recognition whereof. Signed the 28th day of April 2009 _________________________ Lary Coppola, Mayor City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Meeting Date: April 28, 2009 Subject: Canceled: Public Hearing on Prepared by: James Weaver Ordinance No. 010-09, Amending Development Director Port Orchard Municipal Code Title Atty Routing No: NA 16, Land Use Regulations Atty Review Date: NA Summary: The City Planning Department made an error in noticing the Public Hearing date regarding the update to Port Orchard Municipal Code Title 16, Land Use Regulations. The Public Hearing, as noticed, is canceled and will be re-noticed for a future meeting, as determined by City Council. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6B Meeting Date: April 28, 2009 Subject: Public Hearing: Ordinance No. 011-09, Prepared by: James Weaver Regarding Annexation of McCormick Development Director Woods Atty Routing No: NA Atty Review Date: NA Summary: Property owners within McCormick Woods and The Ridge, Et. Al., submitted a Petition for Annexation on March 18, 2009, to annex 871 parcels totaling approximately 1,297 acres contiguous to the City limits. The parcels are located in the vicinity of Sections 9, 17, and 8 of Township 23 North, Range 1 East. The parcels lie to the North and South of Old Clifton Road, to the west of Highway 16/Sedgwick Road interchange. Most of the parcels have a County Comprehensive Plan designation of Urban Low- Density Residential, with minor areas designated Urban Medium/High-density residential, Urban Low- intensity Commercial/Mixed Use, and Urban Industrial. The County zoning designation is primarily Urban Low Residential (McCormick Woods), and Urban Cluster Residential (The Ridge). Both designations permit 4 – 9 Dwelling Units per acre. The proposed annexation land is contiguous to property within the City of Port Orchard which is zoned Residential 8 and has a Port Orchard Comprehensive Plan designation of Residential Medium Density. The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a regularly scheduled meeting held on May 13, 2008. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The applicants submitted the formal Petition for Annexation on March 18, 2009. RCW 35.13.178 requires the Council to hold two public hearings before adopting pre-annexation comprehensive plan and zoning designations. This is the second hearing for the City Council to approve the annexation request. 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 Planning Commission held a Public Meeting on April 20, 2009, and voted to recommend for the Annexation of McCormick Woods, The Ridge, Et. Al. The Planning Department made an error in noticing the Public Hearing date, which should have been set for the May 12, 2009, Council meeting. Staff requests the Mayor open the public hearing and announce that the public hearing will be continued to the May 12, 2009, regular meeting. 2009 Adopted Budget Adjustments Incr/(Decr) Amended Budget Comments 401.5.501.38.40 Other Services & Charges 916,500.00 3,500.00 920,000.00 Pump addl 16 Septic Tanks at MW 401.8.291.74.00 Est Beginning Fund Bal 492,500.00 3,500.00 496,000.00 Pump addl 16 Septic Tanks at MW - 401.5.594.38.64 Capital Outlays-Equipment 176,500.00 125,500.00 302,000.00 Replace Dump Truck 401.8.291.74.00 Est Beginning Fund Bal 496,000.00 125,500.00 621,500.00 Replace Dump Truck - 401.0.397.00.00 Operating Transfers-in 1,060,000.00 20,500.00 1,080,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan) 401.5.501.38.40 Other Services & Charges 920,000.00 20,500.00 940,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan) 403.8.291.74.00 Beg Unres Fund Balance 2,350,000.00 20,500.00 2,370,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan) 403.6.597.00.00 Operating Transfers-out 1,060,000.00 20,500.00 1,080,500.00 BCH Sewer Study for Sedgwick/Sidney Basin(SW Comp Plan) 101.0.397.00.00 Operating Transfers -In 50,000.00 14,000.00 64,000.00 Replace snow plow 101.5.594.66.64 Capital Outlays-Equipment - 14,000.00 14,000.00 Replace snow plow 303.9.287.02.00 Designated Unreserved Fund Balance-Street 118,470.00 (14,000.00) 104,470.00 Replace snow plow 303.6.597.00.00 Operating Transfers -Out 33,500.00 14,000.00 47,500.00 Replace snow plow - 101.0.397.00.00 Operating Transfers -In 64,000.00 5,000.00 69,000.00 Reimb St for Storm Drainage phone Survey 101.9.291.84.00 Street-Estimated ending unreserved fund balance - 5,000.00 5,000.00 Reimb St for Storm Drainage phone Survey 421.5.542.40.40 Storm Water-Other Services & Charges 124,500.00 (5,000.00) 119,500.00 Reimb St for Storm Drainage phone Survey 421.5.597.00.00 Operating Transfers -Out - 5,000.00 5,000.00 Reimb St for Storm Drainage phone Survey 101.0.395.10.00 Sale of Fixed Assets - 92,000.00 92,000.00 Sidney Rd-Mist Ventures St Vacation 101.9.291.84.00 Street-Estimated ending unreserved fund balance 5,000.00 46,000.00 51,000.00 50% of Sidney Rd-Mist Ventures St Vacation 101.5.597.00.00 Operating Transfers -out - 46,000.00 46,000.00 50% of Sidney Rd-Mist Ventures St Vacation 001.0.397.00.00 Operating Transfers -In 226,500.00 46,000.00 272,500.00 50% of Sidney Rd-Mist Ventures St Vacation 001.8.287.01.00 Designated Unreserved -Parks 67,288.00 46,000.00 113,288.00 50% of Sidney Rd-Mist Ventures St Vacation - 101.5.542.64.40 Traffic Control-Other Services & Charges 63,000.00 15,000.00 78,000.00 Tremont Turn Lane 101.9.291.84.00 Street-Estimated ending unreserved fund balance 51,000.00 (15,000.00) 36,000.00 Tremont Turn Lane - 001.0.397.00.00 Operating Transfers -In 272,500.00 10,000.00 282,500.00 Address HVAC Issues 001.5.518.30.48 Custodial/Janitorial/Security Svs-Repairs & Maintenance 28,970.00 10,000.00 38,970.00 Address HVAC Issues 302.9.291.84.00 Estimated Ending Unreserved Fund Balance 1,613,287.00 (10,000.00) 1,603,287.00 Address HVAC Issues 302.6.597.00.00 Operating Transfers -out 306,713.00 10,000.00 316,713.00 Address HVAC Issues - 403.5.581.10.00 Water-Sewer Cumulative Reserve-Loans Issued - 100,000.00 100,000.00 Interfund Loan from 403 to 421 403.0.381.20.00 Water-Sewer Cumulative Reserve-Loan Repayment - 100,000.00 100,000.00 Repay Interfund Loan 001.0.381.10.00 Current Expense Fund-Loan Received - 200,000.00 200,000.00 Interfund Loan from 302 to 001 001.6.581.20.00 Current Expense Fund-Loan Repaid - 200,000.00 200,000.00 Repay Interfund Loan 302.6.581.10.00 Cumulative Reserve for Municipal Facilities-Loans Issued - 200,000.00 200,000.00 Interfund Loan from 302 to 001 302.0.381.20.00 Cumulative Reserve for Municipal Facilities-Loan Repayment - 200,000.00 200,000.00 Repay Interfund Loan - 107.6.573.10.41 Community Events Fund-Professional Services 93,000.00 13,500.00 106,500.00 Addl funding (Chamber=$5000, Concerts on the Bay=$5000, City=$3000 & Pt of Brem $500) Budget Adjustments and Appropriations Ordinance No. 012-09 Exhibit A 107.8.291.74.00 Estimated Beginning Unreserved Fund Balance - 13,500.00 13,500.00 Addl funding (Chamber=$5000, Concerts on the Bay=$5000, City=$3000 & Pt of Brem $500) Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: April 28, 2009 Adopted: ORDINANCE NO. 012-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING THE BUDGET FOR THE YEAR 2009, ORDERING APPROPRIATION OF FUNDS FOR CERTAIN REVENUES AND EXPENDITURES NOT ANTICIPATED AT THE TIME OF PASSAGE OF THE 2009 BUDGET WHEREAS, the City of Port Orchard adopted its 2009 Budget in Ordinance No. 043-08; and WHEREAS, the City desires to keep current on budget amendments and it is necessary from time to time 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 2009 Budget, as provided for in RCW 35.33.091; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the 2009 Budget be amended to reflect the revenue and appropriation adjustments set forth in Exhibit A attached. Section 2. That the total adjustments to each fund are as follows: (a) Current Expense Fund (001): $256,000. (b) Street Fund (101): $111,000. (c) Community Events Fund (107): $13,500. (d) Cumulative Reserve for Municipal Facilities Fund (302): $200,000 (e) Cumulative Reserve for Equipment Fund (303): $.00 (f) Water-Sewer Fund (401): $149,500 Ordinance No. 012-09 Page 2 of 2 (g) Water-Sewer Cumulative Reserve Fund (403): $120,500 (h) Storm Drainage Utility Fund (421): $.00 Total Funds $850,500 Section 3. 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 and signed by the Mayor and attested by the Clerk in authentication of such passage this 12th day of May, 2009. ATTEST: Lary Coppola, Mayor Patricia J. Kirkpatrick, 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 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Meeting Date: April 28, 2009 Subject: First Reading of Ordinance No. 012-09, Prepared by: Kris Tompkins Amending the 2009 Budget City Treasurer Atty Routing No: 085-09 Atty Review Date: April 23, 2009 Summary: Since the City needs to keep current on budget amendments and the City Council has taken action to authorize certain expenditures, it is necessary to amend the 2009 Budget. This is the first reading of Ordinance No. 012-09. Here is a review of the Council’s prior action: The City Council approved a Storm Drainage phone survey in 2008, which was paid out of the Street budget and it is the Council’s desire for the Storm Drainage Utility to reimburse the Street Fund. ($5,000) The City Council authorized on December 23, 2008 an inter-fund loan for the Storm Drainage Utility Fund from the Water-Sewer Cumulative Reserve Fund. ($100,000) The City experienced severe winter weather in December 2008, a dump truck ($125,500) and snow plow ($14,000) failed and on January 13th and February 10th the City Council approved purchasing new equipment. The City received proposals higher than budgeted to pump 133 septic tanks in McCormick Woods to keep up with annual maintenance and on February 10th the Council authorized 117 tanks to be pumped and stated it was their desire to have an additional 16 tanks pumped. ($3,500) The City Council on February 24th approved the street vacation of Sidney Road-Mist Ventures ($92,000) and authorized 50% of the fee ($46,000) to go into the Designated Unreserved Fund Balance for Parks. The City Lodging Tax Advisory Committee recommended on March 11th and the City Council authorized on March 24th additional funding allocations be distributed as follows: $5,000 to Chamber of Commerce, $5,000 to Concerts by the Bay, $3,000 to City of Port Orchard and $500 to Port of Bremerton. ($13,500) The City Council on March 24th authorized a change order for additional work on the sewer comprehensive plan amendment to include the Sedgwick and Sidney Basin. ($20,500) Amending 2009 Budget Page 2 of 2 2 The City Council on March 24th authorized Public Works to have a turn lane designed and installed on Tremont Avenue for turns into the Tremont Medical Complex. ($15,000) The City needs to address the defects in the HVAC system and the Finance Committee directed on March 30th to move forward with providing a budget amendment, for Council consideration, for the repairs to be completed. ($10,000) The City finds it necessary to authorize on April 28th an inter-fund loan for the Current Expense Fund from the Cumulative Reserve for Municipal Facilities Fund to temporarily cover expenses until revenues are received. ($200,000) Recommendation: It is recommended that the 2009 Budget be amended. Motion for consideration: I move to direct staff to place Ordinance No. 012-09 amending the 2009 Budget on the May 12, 2009 Council consent agenda for action. Fiscal Impact: The total 2009 Budget was approved for $24,806,313. This is an increase of $850,500 for a new total 2009 Budget of $25,656,813 Attachments: Draft Ordinance No. 012-09 Exhibit A ____________________________________________________________________ City of Port Orchard Page 1 of 6 Identity Theft Prevention Program IDENTITY THEFT PREVENTION PROGRAM I. PROGRAM ADOPTION The City of Port Orchard developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flags Rule (“Rule”), which implements Sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003. This Program was developed with the oversight and approval of the City Council and the City Treasurer. After consideration of the size and complexity of the City’s operations and account systems, and the nature and scope of the City's activities, the City Council determined that this Program was appropriate for the City, and therefore approved this Program by the adoption of Resolution No. 000-09 on the 28th day of April, 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule Under the Red Flags Rule, every financial institution and creditor is required to establish an Identity Theft Prevention Program tailored to its size, complexity and the nature of its operation. The Program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags as defined in the Rule and this Program for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate identity theft; and 4. Update the Program periodically to reflect changes in risks to customers or to the safety and soundness of the City from identity theft. B. Red Flags Rule definitions used in this Program For the purposes of this Program, the following definitions apply: 1. Account. "Account" means a continuing relationship established by a person with a creditor to obtain a product or service for personal, family, household or business purposes. 2. Covered Account. A “covered account” means: a. Any account the City of Port Orchard offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and b. Any other account the City of Port Orchard offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City of Port Orchard from identity theft. ____________________________________________________________________ City of Port Orchard Page 2 of 6 Identity Theft Prevention Program 3. Creditor. "Creditor" has the same meaning as defined in Section 702 of the Equal Credit Opportunity Act, 15 U.S.C. 1691a, and includes a person or entity that arranges for the extension, renewal or continuation of credit, including the City of Port Orchard. 4. Customer. A "customer" means a person or business entity that has a covered account with the City of Port Orchard. 5. Financial Institution. “Financial Institution” means a state or national bank, a state or federal savings and loan association, a mutual savings bank, a state or federal credit union, or any other entity that holds a “transaction account” belonging to a customer. 6. Identifying Information. “Identifying information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including name, address, telephone number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number or unique electronic identification number. 7. Identity Theft. "Identity Theft" means fraud committed using the identifying information of another person. 8. Program Administrator. The Program Administrator will be the City Treasurer. 9. Red Flag. A “Red Flag” means a pattern, practice, or specific activity that indicates the possible existence of identity theft. 10. Service Provider. "Service Provider" means a person or business entity that provides a service directly to the City of Port Orchard relating to or connection with a covered account. III. IDENTIFICATION OF RED FLAGS. In order to identify relevant Red Flags, the City of Port Orchard shall review and consider the types of covered accounts that it offers and maintains, the methods it provides to open covered accounts, the methods it provides to access its covered accounts, and its previous experiences with identity theft. The City of Port Orchard identifies the following Red Flags, in each of the listed categories: Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person’s photograph or physical description is not consistent with the person presenting the document; ____________________________________________________________________ City of Port Orchard Page 3 of 6 Identity Theft Prevention Program 3. Other documents with information that is not consistent with existing customer information (such as a person’s signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. B. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides (such as inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a driver's license); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. An address or phone number presented that is the same as that of another person; 6. Failing to provide complete personal identifying information on an application when reminded to do so; and 7. Identifying information which is not consistent with the information that is on file for the customer. C. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (such as very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the City of Port Orchard that a customer is not receiving mail sent by the City of Port Orchard; 6. Notice to the City of Port Orchard that an account has unauthorized activity; 7. Breach in the City of Port Orchard's computer system security; and 8. Unauthorized access to or use of customer account information. D. Alerts from Others Red Flag 1. Notice to the City of Port Orchard from a customer, a victim of identity theft, a law enforcement authority or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft. ____________________________________________________________________ City of Port Orchard Page 4 of 6 Identity Theft Prevention Program A. DETECTING RED FLAGS. A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, City of Port Orchard personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect Red Flags 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, City of Port Orchard personnel will take the following steps to monitor transactions with an account: Detect Red Flags 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); and 2. Verify the validity of requests to change billing addresses. B. PREVENTING AND MITIGATING IDENTITY THEFT In the event City of Port Orchard personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate Identity Theft 1. Monitor a covered account for evidence of identity theft; 2. Contact the customer with the covered account; 3. Change any passwords or other security codes and devices that permit access to a covered account; 4. Not open a new covered account; 5. Close an existing covered account; 6. Reopen a covered account with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s) to take; 8. Notify law enforcement; or ____________________________________________________________________ City of Port Orchard Page 5 of 6 Identity Theft Prevention Program 9. Determine that no response is warranted under the particular circumstances. Protect Customer Identifying Information In order to further prevent the likelihood of identity theft occurring with respect to City of Port Orchard accounts, the City of Port Orchard shall take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Secure the City of Port Orchard website but provide clear notice that the website is not secure; 2. Undertake complete and secure destruction of paper documents and computer files containing customer information; 3. Make office computers password protected and provide that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer identifying information; 5. Maintain computer virus protection up to date; and 6. Require and keep only the kinds of customer information that are necessary for City of Port Orchard purposes. C. PROGRAM UPDATES The Program will be periodically reviewed and updated to reflect changes in risks to customers and to the safety and soundness of the City of Port Orchard from identity theft. The Program Administrator shall at least annually consider the City of Port Orchard's experiences with identity theft, changes in identity theft methods, changes in identity theft detection and prevention methods, changes in types of accounts the City of Port Orchard maintains and changes in the City of Port Orchard's business arrangements with other entities and service providers. After considering these factors, the Program Administrator shall determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator shall present recommended changes to the City Council for review and consideration. VII. PROGRAM ADMINISTRATION. A. Oversight The City Treasurer shall be responsible for developing, implementing and updating the Program. The City Treasurer shall be responsible for the Program administration, for appropriate training of City of Port Orchard staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. B. Staff Training and Reports City of Port Orchard staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. ____________________________________________________________________ City of Port Orchard Page 6 of 6 Identity Theft Prevention Program C. Service Provider Arrangements In the event the City of Port Orchard engages a service provider to perform an activity in connection with one or more covered accounts, the City of Port Orchard shall take the following steps to require that the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. 1. Require, by contract, that service providers acknowledge receipt and review of the Program and agree to perform its activities with respect to City of Port Orchard covered accounts in compliance with the terms and conditions of the Program and with all instructions and directives issued by the Program Administrator relative to the Program; or 2. Require, by contract, that service providers acknowledge receipt and review of the Program and agree to perform its activities with respect to City of Port Orchard covered accounts in compliance with the terms and conditions of the service provider's identity theft prevention program and will take appropriate action to prevent and mitigate identity theft; and that the service providers agree to report promptly to the City of Port Orchard in writing if the service provider in connection with a City of Port Orchard covered account detects an incident of actual or attempted identity theft or is unable to resolve one or more Red Flags that the service provider detects in connection with a covered account. D. Customer Identifying Information and Public Disclosure The identifying information of City of Port Orchard customers with covered accounts shall be kept confidential and shall be exempt from public disclosure to the maximum extent authorized by law, including RCW 42.56.230(4). The City Council also finds and determines that public disclosure of the City of Port Orchard's specific practices to identity, detect, prevent and mitigate identify theft may compromise the effectiveness of such practices and hereby directs that, under the Program, knowledge of such specific practices shall be limited to the Program Administrator, and those City of Port Orchard employees and service providers who need to be aware of such practices for the purpose of preventing identity theft. Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: April 28, 2009 Adopted: RESOLUTION NO. 043-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE FOR IDENTITY THEFT PREVENTION PROGRAM - RED FLAG RULE WHEREAS, the Fair and Accurate Credit Transactions Act of 2003, Pub. L. 108-159 (“Red Flags Rule”) requires certain financial institutions and creditors with “covered accounts’ to prepare, adopt and implement an identity theft prevention program to identify, detect, respond to and mitigate patterns, practices or specific activities which could indicate identity theft; and WHEREAS, the City of Port Orchard operates water, sewer and storm drainage utilities and maintains certain continuing accounts with utility service customers and such accounts are “covered accounts’ within the meaning of the Red Flags Rule; and WHEREAS, the Port Orchard Municipal Court maintains continuing accounts which involve multiple payments or transactions and such accounts are “covered accounts” within the meaning of the Red Flags Rule; and WHEREAS, in order to comply with the Red Flags Rule, City staff have prepared an Identity Theft Prevention Program to aid in the detection, prevention and mitigation of identity theft in connection with the opening of a covered account or an existing covered account; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THE FOLLOWING: THAT: The Identity Theft Prevention Program attached as Exhibit A is hereby approved and adopted by the City Council of the City of Port Orchard and City staff are directed to implement the Program in accordance with its terms. 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 April 2009. Lary Coppola, Mayor ATTEST: ____________________________ Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7B Meeting Date: April 28, 2009 Subject: Adoption of Resolution No. 043-09, Prepared by: Kris Tompkins Authorizing the Mayor to Execute for City Treasurer Identity Theft Prevention Program – Atty Routing No: 083-09 Red Flag Rule Atty Review Date: April 23, 2009 Summary: The Federal Trade Commission issued regulations requiring financial institutions and creditors to develop and implement written identity theft prevention programs by May 1, 2009, under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). Municipal utilities are subject to these requirements and cities that operate utilities must adopt programs that meet the requirement of FACTA. This is also referred to as the “Red Flag Rule”. A “Red Flag’’ is a pattern, practice or specific activity that indicates the possible existence of identity theft. At this time the City does not require or keep customers’ social security numbers or any banking information. At any time in the future if this information is required, our Identity Theft Prevention Program will need to be updated. Recommendation: It is staff’s recommendation that the Council adopt Resolution No. 043-09 approving an Identity Theft Prevention Program shown in Exhibit A for the City of Port Orchard in order to be compliant with federal law by May 1, 2009. Motion for consideration: I move to adopt Resolution No. 043-09 approving and adopting an Identity Theft Prevention Program. Fiscal Impact: None Alternatives: Make changes to the program or not adopt an Identity Theft Prevention Program and be out of compliance with federal law. Attachments: Resolution No. 043-09 Exhibit A - Identity Theft Prevention Program. Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: April 28, 2009 Adopted: RESOLUTION NO. 044-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE CITY TREASURER TO MAKE AN INTER-FUND LOAN TRANSFER BETWEEN THE CUMULATIVE RESERVE FOR MUNICIPAL FACILITIES FUND AND THE CURRENT EXPENSE FUND WHEREAS, on December 9, 2008, the City Council adopted Ordinance No. 043-08 adopting the 2009 Budget; and WHEREAS, on April 20, 2009 the Department of Revenue contacted the City regarding sales tax revenue adjustments that will reduce the City’s sales tax distribution at the end of April; and WHEREAS, the City receives a large share of its property tax revenues in May and November; and WHEREAS, the City’s cash flow between expenditures and revenue collections is not consistent; and WHEREAS, the City needs up to $200,000 from the Cumulative Reserve for Municipal Facilities Fund for the purpose of temporarily covering expenses in the Current Expense Fund; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE AS FOLLOWS: THAT: The City Treasurer is hereby authorized to make an inter-fund loan transfer up to $200,000.00 from the Cumulative Reserve for Municipal Facilities Fund to the Current Expense Fund for the purpose of providing for the April expenditures pending receipt of property tax revenue in May, provided the entire loan amount is repaid with interest at the rate of .85 percent per annum. 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 April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: April 23, 2009 Subject: Adoption of Resolution No. 044-09 Prepared by: Kris Tompkins Authorizing an Inter-fund Loan City Treasurer Between the Cumulative Reserve Atty Routing No: 084-09 for Municipal Facilities and the Atty Review Date: April 23, 2009 Current Expense Fund Summary: In 2009 because of the current economic environment the City of Port Orchard has been experiencing declining revenues. Our Current Expense Fund’s two largest revenue sources are sales tax and property tax. On April 20 the Department of Revenue (DOR) contacted the City regarding some sales tax adjustments that will reduce the City’s share of sales tax distribution at the end of April. Property tax payments are primarily made twice a year, with the City receiving its largest share in May and November. With the adjustment being taken by DOR from our April sales tax we have a gap in our cash flow. There is a need to execute a temporary inter-fund loan of up to $200,000 to the Current Expense Fund until property tax revenues are received in May. There is money not obligated in the Cumulative Reserve for Municipal Facilities Fund that may be used for a temporary loan. There must be a reasonable rate of interest paid to the lending fund and the amount of .85% is set off the current earnings of the Washington State Investment Pool where the lending fund is currently invested. Recommendation: Adoption of Resolution No. 044-09 authorizing an inter-fund loan transfer from the Cumulative Reserve for Municipal Facilities Fund to the Current Expense Fund. Motion for consideration: I move to adopt Resolution No. 044-09 authorizing the City Treasurer to make an inter-fund loan transfer from the Cumulative Reserve for Municipal Facilities Fund to the Current Expense Fund in an amount not to exceed $200,000, without additional Council authorization. Fiscal Impact: In order to have the Current Expense Fund in the black at the end of April, this inter-fund loan is necessary. Repayment of the loan will occur when property tax revenues are received in May, with .85% interest per annum. Attachments: Resolution No. 044-09 Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: April 28, 2009 Adopted: RESOLUTION NO. 045-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT N.L. OLSON & ASSOCIATES, INC. FOR BAY STREET SEAWALL FINAL DESIGN WHEREAS, on March 12, 2009, the Public Works Department interviewed by phone, three (3) firms selected from the 2009 Public Works Professional Services Roster and unanimously selected N.L. Olson & Associates, Inc. for the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E)and Permitting; and WHEREAS, on March 20, 2009, the Washington State Department of Transportation Local Agency approved the City’s selection; and WHEREAS, on March 27, 2009, the City of Port Orchard Public Works Department met with N.L. Olson & Associates, Inc. to define the scope of services; and WHEREAS, N.L. Olson & associates, Inc. submitted a Proposal in an amount not to exceed $50,700; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract (Exhibit A incorporated herein by reference) with N.L. Olson & Associates, Inc. for the 2009 Bay Street Wall PS&E and Permitting in an amount not to exceed $50,700. 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 April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7D Meeting Date: April 28, 2009 Subject Adoption of Resolution No. 045-09, Prepared by: Mark Dorsey, P.E. Authorizing the Mayor to Execute Public Works Director Contract with N.L. Olson & Associates Atty Routing No: NA for Bay Street Seawall Final Design Atty Review Date: NA Summary: On March 12, 2009, the Public Works Department interviewed by phone three (3) selected consultants from the 2009 Consultant Roster for the preparation of the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting. The firms interviewed were Parametrix, HDR, Inc. and N.L. Olson & Associates, Inc. The Committee unanimously selected N.L. Olson & Associates, Inc. On March 20, 2009, WSDOT Local Agencies approved the City’s selection. On March 27, 2007, Public Works staff met with N.L. Olson & Associates, Inc. staff to define the project scope. Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with N.L. Olson & Associates, Inc. in an amount of $49,700 plus $1,000 Reimbursable Expenses for an amount not to exceed $50,700 for the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting. Motion for consideration: I move to authorize the Mayor to execute a contract with N.L. Olson & Associates, Inc. in an amount not to exceed $50,700, from Arterial Street Fund, for the 2009 Bay Street Seawall Plans, Specifications and Estimate (PS&E) and Permitting. Fiscal Impact: Budgeted item for 2009; Arterial Street Fund. Alternatives: None Attachments: Resolution No. 045-09 Contract Exhibit A – N.L. Olson & Associates, Inc. Proposal (dated 4/16/2009) 1 of 6 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT COPO CONTRACT NO. C032-09 THIS Agreement is made effective as of the 28th day of April 2009, by and between CITY OF PORT ORCHARD, WASHINGTON (“CITY”) 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 and Road Runner, Inc. (“CONSULTANT”) 10611 Canyon Road East, Suite #122 Puyallup, WA 98373 Contact: Eben Erickson Phone: 253.535.5153 Fax: 253.535.6608 Tax Id No. 91-1950514 for professional services in connection with the following Project: Tremont Medical Re-channelization TERMS AND CONDITIONS 1. Services by Consultant A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Attachments "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Consultant shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Attachments “A.” If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on May 1, 2009 (“Commencement Date”) and shall terminate June 14, 2009 unless extended or terminated in writing as provided herein. 2 of 6 4. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $7,602.00 without written authorization. 5. Payment A. Consultant shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper invoice. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third-party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further 3 of 6 payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends 8. Standard of Care Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 9. Ownership of Work Product All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 6 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold Consultant harmless therefore. 10. Indemnification/Hold Harmless Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker’s Compensation Act, RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification. 11. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. 4 of 6 A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage 5 of 6 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 12. Assigning or Subcontracting Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. 14. Notice Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Lary Coppola Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Eben Erickson Road Runner, Inc. 10611 Canyon Road East, Suite #122 Puyallup, WA 98373 Phone: 253.535.5153 Fax: 253.535.6608 15. Disputes Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. 16. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney’s fees from the other party. 17. Extent of Agreement/Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 6 of 6 CITY OF PORT ORCHARD, WASHINGTON By: _______________________________ Lary Coppola Mayor Date: ___________________ Attest: By: _______________________________ Patricia J. Kirkpatrick, CMC City Clerk CONSULTANT By: _______________________________ Name: _______________________________ Title: _______________________________ Date: ___________________ Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: April 28, 2009 Adopted: RESOLUTION NO. 046-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH ROAD RUNNER STRIPING, INC FOR THE TREMONT MEDICAL RECHANNELIZATION WHEREAS, on March 25, 2009, the City of Port Orchard selected three (3) contractors from the City’s 2009 Small Works Roster and requested cost proposals for the Tremont Medical Rechannelization; and WHEREAS, on April 7, 2009, the City of Port Orchard Public Works Department received cost proposal(s) from Stripe Rite, Inc., Apply-A-Line and Road Runner Striping; and WHEREAS, Road Runner, Inc. was determined to be the lowest qualified bidder, submitting a proposal of $7,602, including tax; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract (Exhibit A incorporated herein by reference) with Road Runner, Inc. for the Tremont Medical Rechannelization in an amount not to exceed $7,602 from Arterial Street Fund. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 28th day of April 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7E Meeting Date: April 28, 2009 Subject Adoption of Resolution No. 046-09, Prepared by: Mark Dorsey, P.E. Authorizing the Mayor to Execute Public Works Director Contract with Road Runner Striping, Atty Routing No: NA Inc. for the Tremont Medical Atty Review Date: NA Rechannelization Summary: On December 23, 2008, the City Council authorized the Mayor to execute a contract with N.L. Olson & Associates, Inc. for the Tremont Medical Complex Left Turn Lane design. On March 25, 2009, the City of Port Orchard Public Works Department selected three (3) contractors from the 2009 Small Works Roster and requested cost proposals from each company for the Tremont Medical Rechannelization. On April 7, 2009, Stripe Rite, Apply-A- Line, and Road Runner Striping submitted bids as follows: Stripe Rite, Inc. $12,839.24 incl. tax Apply-A-Line $ 8,215.59 incl. tax Runner Striping $ 7,602.00 incl. tax Upon review by staff, it was determined that Road Runner, Inc. was the lowest qualified bidder with a bid of $7,602, including tax. Recommendation: Staff recommends that the City Council authorize the Mayor to execute a contract with Road Runner, Inc. in an amount not to exceed $7,602, including tax for the Tremont Medical Rechannelization. Motion for consideration: I move to authorize the Mayor to execute a contract with Road Runner, Inc. in an amount not to exceed $7,602, including tax, from Arterial Street Fund, for the Tremont Medical Rechannelization. Fiscal Impact: 2009 Budget; Arterial Street Fund (SEPA Condition) Alternatives: None Attachments: Resolution No. 046-09 Contract Exhibit A – Road Runner, Inc. Proposal (dated 4/7/2009) City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7F Meeting Date: April 28, 2009 Subject: Approval of Public Event: Fathoms Prepared by: Patti Kirkpatrick, CMC O’ Fun Summer Festival Craft/ City Clerk Vendor Show Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to close certain City streets; request the use of City parking lots; or use City Parks. The Fathoms O’ Fun Festival Inc. has submitted their application for the annual Fathoms O’ Fun Summer Festival/Craft Show public event to be held on Thursday, June 25, 2009 and ending Sunday June 28, 2009, using the City’s Port Orchard Waterfront. City Departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. This Public Event Application is a new event; they have not been granted permission to host their event on the City waterfront previously. Recommendation: Staff recommends approving the public event application. Motion for consideration: I move to approve the public event application for the Fathoms O’ Fun Summer Festival/Craft Show to be held on Thursday, June 25, 2009 and ending Sunday, June 28, 2009, for use of a portion of the City’s waterfront. Alternatives: Deny the application or approve with conditions. Attachments: Application Fire Department Comments Port Orchard Police Department Comments Finance Department Comments Public Works Department Comments Planning Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7G Meeting Date: April 28, 2009 Subject: Grant Application: Prepared by: Al Townsend Byrne Justice Assistance Police Chief Atty Routing No: NA Atty Review Date: NA Summary: The Port Orchard Police Department is applying for a federal Byrne Justice Assistance grant for $47,554 that will be allocated for the purchase of a hybrid police vehicle, backfill of 5 hours per week for the court security officer, police bicycles, and computers and equipment for a southwest substation. This federal grant requires that the grant be presented at a public meeting of the city council to allow public notice and input. Recommendation: No action is required by the council except to allow the presentation so the grant can be submitted in accordance with federal regulations. Fiscal Impact: If we are awarded the grant, it will be for $47,554 and will be used as indicated above. Alternatives: Not approve the grant Attachments: None 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, 360.876.4407 Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times April 28, 2009, Meeting Agenda Page 1 of 2 CITY OF PORT ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 City Council Meeting Agenda April 28, 2009 7:00 p.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign-in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants B. Approval of the April 14, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to May 19, 2009, at 7:00 p.m. at City Hall (Kirkpatrick) D. Approval of Public Event: Kitsap Mustang Club (Kirkpatrick) E. Approval of Public Event: Fathoms O’ Fun Grand Parade (Kirkpatrick) F. Approval of Carnival: Paradise Amusements (Kirkpatrick) G. Adoption of Resolution No. 031-09, Authorizing the Mayor to Execute Contract Extension with Sound Law Center, LLC for Hearing Examiner (Kirkpatrick) H. Adoption of Resolution No. 040-09, Supporting Federal Grant Funding for Tremont Widening/Gateway Project (Dorsey) I. Adoption of Resolution No. 041-09, Supporting the Grant Applications for the Blackjack Creek Wilderness Trail and Authorizing the Mayor to Execute the Grant Applications (Weaver) J. Adoption of Resolution No. 042-09, Supporting the Grant Application for the Boating Facilities Program for the City Boat Launch and DeKalb Pier and Authorizing the Mayor to Execute the Grant Application (Weaver) K. Authorizing the Mayor to Execute Letter Granting Waiver to Display Banner for Cedar Cove Days the Week of June 9, 2009 (Kirkpatrick) 5. PRESENTATION Proclamation: Silver Star Banner Day 6. PUBLIC HEARING A. Canceled: Public Hearing on Ordinance No. 010-09, Amending Port Orchard Municipal Code Title 16, Land Use Regulations (Weaver) 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, 360.876.4407 Meetings are broadcast on BKAT ~ visit www.bkat.org for broadcast dates and times April 28, 2009, Meeting Agenda Page 2 of 2 B. Public Hearing: Ordinance No. o11-09, Regarding Annexation of McCormick Woods (Weaver) 7. BUSINESS ITEMS A. First Reading of Ordinance No. 012-09, Amending the 2009 Budget (Tompkins) B. Adoption of Resolution No. 043-09, Authorizing the Mayor to Execute for Identity Theft Prevention Program - Red Flag Rule (Tompkins) C. Adoption of Resolution No. 044-09, Authorizing an Inter-Fund Loan Between the Cumulative Reserve for Municipal Fact and the Current Expense Fund (Tompkins) D. Adoption of Resolution No. 045-09, Authorizing the Mayor to Execute Contract with N.L. Olson & Associates for Bay Street Seawall Final Design (Dorsey) E. Adoption of Resolution No. 046-09, Authorizing the Mayor to Execute Contract with Road Runner Striping, Inc. for the Tremont Medical Rechannelization (Dorsey) F. Approval of Public Event: Fathoms O’ Fun Summer Festival Craft/Vendor Show (Kirkpatrick) G. Grant Application: Byrne Justice Assistance (Townsend) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 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 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee May 22, 2009 7:30 a.m. Mhyre’s Tourism Committee May 13, 2009 2:00 p.m. City Hall Utilities Committee Sewer Advisory Committee (SAC) May 15, 2009 7:30 a.m. May 20, 2009 6:30 p.m. Mhyre’s S.K.W.R.F. Public Property Committee T.B.D. Work Study Session May 19, 2009 7:00 p.m. City Hall City of Port Orchard Council Meeting Minutes Regular Meeting of April 14, 2009 7:00 P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Powers, Clauson, Chang, Childs, Colebank, Olin, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Dorsey, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Amy Schroder, Mrs. Port Orchard, led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Jim Durham, representative for Knights of Pythias Cemetery, requested to be exempted from paying the storm drainage utility rates, explaining they are a nonprofit organization with no funding available to pay the fees. Public Works Director Dorsey directed Mr. Durham to fill out the rate variance form requesting a rate reduction; and the Council directed the matter be remanded to the Utility Committee for further discussion. Amy Schroder, Mrs. Port Orchard, invited the Mayor and Council to participate in the Mrs. Washington Pageant by signing a petition in support of Music for Education and donating $1, which is part of the Pageants’ efforts to raise 1,000 signatures for $1,000. APPROVAL OF AGENDA Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to amend the agenda by moving Consent Items 4B and 4H to Business Items. Upon vote, the motion to amend passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Clauson moved and Councilmember Olin seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants# 51439 through #51552 in the amount of $295,013.86; March Payroll Warrants #142204 through #142263 in the amount of $444,643.97; and Treasurer’s check book in the amount of $1,100,925.03. B. Approval of the March 17, 2009, Work Study Session Minutes C. Approval of the March 24, 2009, Council Meeting Minutes D. Approval of Public Event Application: Port Orchard Farmers Market E. Approval of Public Event Application: Seagull Calling Festival and Wings Cook-off F. Adoption of Resolution No. 028-09, Authorizing the Mayor to Execute Contract Extension with the Doctors Clinic for CDL/DOT Exam and Certificates Minutes of April 14, 2009 Page 2 of 7 G. Adoption of Resolution No. 029-09, Ratification of Mayor’s Signature on the 2008 Annual Report and Delegating the Authorized Representative to the Assistant City Engineer H. Adoption of Resolution No. 030-09, Authorizing the Mayor to Execute Change Order No. 2 with Perteet for the Transportation Element Update I. Adoption of Resolution No. 032-09, Authorizing the Mayor to Execute Grant Agreement with Washington Auto Theft Prevention Authority for Automatic License Plate Recognition Funding J. Adoption of Resolution No. 033-09, Authorizing the Mayor to Execute Modification No. 1 to Agreement with Battelle Memorial Institute Pacific NW Division for Homeland Security Nuclear Training PUBLIC HEARINGS No Public Hearings were held. PRESENTATION Proclamation: Autism Awareness Mayor Coppola presented the proclamation to Sherry Charlot, who thanked the Council for their continued support. Proclamation: Mayor for Moses Lake City Clerk Kirkpatrick announced the proclamation would be presented at the May 12, 2009, Council meeting. NEW BUSINESS Approval of Public Event Application: Kitsap Harbor Festival City Clerk Kirkpatrick presented the staff report, noting each year several organizations request permission to close certain City streets, to use City parking lots, and/or use City Parks. The Bremerton Main Stream Association has submitted their application for the Kitsap Harbor Festival public event to be held May 22, 2009 and May 25, 2009, of which a portion is on the City’s waterfront. City departments, as well as the Fire Department, have reviewed the application and have submitted their recommendations and/or comments. Staff recommends approving the public event application. In response to Councilmember Chang; Brian Sauer explained Lot No. 4 is adjacent to the Peninsula Feed store and is the same location the Rock-Around-the-Block event has previously been held. Councilmember Powers moved and Councilmember Colebank seconded the motion to approve the Public Event application for the Kitsap Harbor Festival public event between May 22, 2009 and May 25, 2009, which a portion is on the City’s waterfront. Upon vote, the motion passed unanimously. Minutes of April 14, 2009 Page 3 of 7 Adoption of Resolution No. 034-09, Authorizing the Mayor to Execute Contract with Shea, Carr, and Jewel Inc. for Bethel Roundabout Pre-Design Study Public Works Director Dorsey presented the staff report, noting on March 4, 2009, three (3) consultants were selected from the 2009 Consultant Roster and were interviewed by phone for the preparation of a Pre-Design Study for the Bethel Roundabout. This was requested by the Council in conjunction with the Hi-Joy Bowl parking lot lease discussions. The firms interviewed were Perteet; David Evans & Associates, Inc; and Shea, Carr & Jewell, Inc. The interview committee unanimously selected Shea, Carr & Jewell, Inc. and on March 27, 2009, Public Works staff met with Shea, Carr & Jewell, Inc. to define the project scope. Staff recommends that the Council authorize the Mayor to execute a contract with Shea, Carr & Jewell, Inc. in an amount not to exceed $5,782 for the Bethel Roundabout Pre-Design Study. In response to Councilmember Chang, City Attorney Jacoby stated this is a good faith agreement and, if the study determines that the City will not need the extra right-of-way, then the City will sell the unneeded piece to Hi-Joy Bowl who will then reimburse the City the cost to perform the study. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to authorize the Mayor to execute a contract with Shea, Carr, and Jewell, Inc. in an amount not to exceed $5,782 for the Bethel Roundabout Pre- Design Study. Upon vote, the motion passed unanimously. Adoption of Resolution No. 035-09, Authorizing the Mayor to Execute Contract with Robinson Noble Saltbush, Inc. for Well No. 11 Hydrogeologic Services Public Works Director Dorsey presented the staff report, noting as a requirement of the Well No. 11 Water Right (located at Mitchell Point), the Department of Ecology required reconstruction of existing Well Nos. 1, 2, 3 and 4B located within the McCormick Well Field into the deeper, below sea level aquifer (Well No. 4B has already been completed). On March 5, 2009, the Utility Committee interviewed (3) selected consultants from the 2009 Consultants Roster for the reconstruction of Well No. 11 (formerly Well No. 5) to replace Well Nos. 1 thru 3. The firms interviewed were GeoEngineer, Robinson Noble Saltbush, Inc., and HDR. The Committee unanimously selected Robinson Noble Saltbush, Inc. and on March 19, 2009, Public Works staff met with Doug Dow of Robinson Noble Saltbush, Inc. to define the project scope. Staff recommends the City Council authorize the Mayor to execute a contract with Robinson Noble Saltbush, Inc. in an amount not to exceed $53,000 for the Well No. 11 Hydrogeologic Services. Councilmember Olin moved and Councilmember Clauson seconded the motion to authorize the Mayor to execute a contract with Robinson Noble Minutes of April 14, 2009 Page 4 of 7 Saltbush, Inc. in an amount not to exceed $53,000 for the Well No. 11 Hydrogeologic Services. Upon vote, the motion passed unanimously. Adoption of Resolution No. 036-09, Authorizing the Mayor to Execute Contract with Pace Engineers Inc. for Well No. 10 Pre-Design Report Public Works Director Dorsey presented the staff report, noting on March 11, 2009, the Utility Committee interviewed (3) selected consultants from the 2009 Consultant Roster for the preparation of a Pre-Design Report as needed for the continuation of the Well No. 10 project site located at Mitchell Point. The firms interviewed were Parametrix; AHBL; and Pace Engineers, Inc. The Utility Committee unanimously selected Pace Engineers, Inc. and on March 20, 2009, Public Works staff met with Pace Engineers, Inc. to define the project scope. Staff recommends that the City Council authorize the Mayor to execute a contract with Pace Engineers, Inc. in an amount not to exceed $135,000 for the Well No. 10 Pre- Design Report, which is a budgeted item. In response to Councilmember Chang, Public Works Director Dorsey explained this is a pre-design report for one of the City’s largest capital facilities projects. Councilmember Olin moved and Councilmember Chang seconded the motion to authorize the Mayor to execute a contract with Pace Engineers, Inc. in an amount not to exceed $135,000 for Well No. 10 Pre-Design Report. Upon vote, the motion passed unanimously. Adoption of Resolution No. 037-09, Authorizing the Mayor to Execute Contract with AES Consultants, Inc. for Survey Services on Cara Creek Storm Maintenance Easement Public Works Director Dorsey presented the staff report, noting the existing Cara Creek storm drainage culvert, located under SW Old Clifton Road, is inaccessible for routine maintenance unless an access & utility maintenance easement is provided for over the property owned by Swan Investments LLC. AES Consultants, Inc. was selected from the City’s 2009 Professional Services Roster to provide the professional survey services including but not limited to preparation of legal description, exhibit and conveyance document as needed to prepare and record the storm drainage access & utility maintenance easement. Staff recommends that the City Council authorize the Mayor to execute a contract with AES Consultants, Inc. in an amount not to exceed $1,000.00 for the preparation of a storm drainage access & utility maintenance easement for the Cara Creek Culvert. Councilmember Childs moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute a contract with AES Consultants, Minutes of April 14, 2009 Page 5 of 7 Inc. in an amount not to exceed $1,000 for the preparation of a storm drainage access and utility maintenance easement for the Cara Creek Culvert. Upon vote, the motion passed unanimously. Adoption of Resolution No. 038-09, Authorizing the Mayor to Execute Contract with Progressive Landscapes LLC for 2009 Parks Maintenance Service Public Works Director Dorsey presented the staff report, noting the City of Port Orchard Public Works Department requested and received cost proposals from four (4) local companies for the 2009 Parks Maintenance Services, with the scope of work including the Roundabout, the Port Orchard Marina Lot Nos. 1 and 2, the Waterfront Lot Nos. 3 and 4, Etta Turner Park, and the 213/215 Prospect Rentals. The Small Works Roster was not utilized since landscaping and building/grounds maintenance contracts are “services” that do not need to follow “public work” bid rules. Bids submitted were as follows: Progressive Landscapes LLC $15,117.12 incl. tax Team Innovative Services, Inc. $15,204.00 incl. tax Full Throttle Landscaping $16,561.50 incl. tax Kitsap Outdoor, Inc. $16,651.80 incl. tax Upon review by staff, it was determined that Progressive Landscapes LLC was the lowest qualified bidder with a bid of $15,117.12 (including tax). Staff recommends that the City Council authorize the Mayor to execute a contract with Progressive Landscapes LLC in an amount not to exceed $15,117.12 for the 2009 Parks Maintenance Services. Councilmember Powers moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute a contract with Progressive Landscapes LLC in an amount not to exceed $15,117.12 for the 2009 Parks Maintenance Services. Upon vote, the motion passed unanimously. Adoption of Resolution No. 039-09, Authorizing the Mayor to Execute Contract with Stripe Rite, Inc. for 2009 Thermoplastic Application Public Works Director Dorsey presented the staff report, noting on March 16, 2009, the City of Port Orchard Public Works Department selected three (3) contractors from the 2009 Small Works Roster and requested proposals from each company for 2009 Thermoplastic Applications. On March 25, 2009, Stripe Rite; Apply-A-Line; and Road Runner Striping submitted bids as follows: Stripe Rite, Inc. $12,960.06 incl. tax Apply-A-Line $14,633.85 incl. tax Road Runner Striping $15,476.86 incl. tax Upon review by staff, it was determined that Stripe Rite, Inc. was the lowest qualified bidder in the amount of $12,960.06 (including tax). Staff recommends that the City Council Minutes of April 14, 2009 Page 6 of 7 authorize the Mayor to execute a contract with Stripe Rite, Inc. in an amount not to exceed $13,000 for the 2009 Thermoplastic Applications. Councilmember Chang moved and Councilmember Childs seconded the motion to authorize the Mayor to execute a contract with Stripe Rite, Inc. in an amount not to exceed $13,000 for the 2009 Thermoplastic Applications. Upon vote, the motion passed unanimously. Minutes of the March 17, 2009, Work Study Session Meeting Councilmember Putaansuu moved and Councilmember Colebank seconded the motion to approve the March 17, 2009, Work Study Session meeting minutes. Upon vote, the motion passed unanimously with one abstention. Councilmember Powers cast the abstaining vote. Adoption of Resolution No. 030-09, Authorizing the Mayor to Execute Change Order No. 2 with Perteet for the Transportation Element Update Public Works Director Dorsey presented the staff report, noting on April 9, 2008, the City Council authorized the Mayor to sign a contract with Perteet in an amount not to exceed $50,000. On October 28, 2008, the term of the contract was extended to June 30, 2009, pursuant to Supplemental Agreement No. 1. Proposed Change Order No. 2 is a no-cost change to update the Consultant Project Manager and to redistribute the project budget balance to accomplish additional work requested by the City according to a modified schedule. This change order also extends the June 30, 2009, completion date to September 30, 2009. Staff recommends authorization for the Mayor to sign Change Order No. 2 with Perteet for a no-cost change to update the consultant project manager and to redistribute the project budget. Councilmember Clauson moved and Councilmember Colebank seconded the motion to authorize the Mayor to sign Change Order No. 2 with Perteet for a no-cost change to update the consultant project manager and to redistribute the project budget. Upon vote, the motion passed unanimously. Discussion Item: Filling Vacant Budgeted Positions Councilmember Clauson, Finance Committee Chair explained there are four budgeted vacant positions at the City. The positions are: HR Coordinator; Police Sergeant; part-time in Finance, and a Meter Reader position in Public Works. After a brief discussion the Council agreed all the vacant position are equally important and must be filled and directed staff to fill the budgeted positions as needed. Councilmember Clauson moved and Councilmember Powers seconded the motion to authorize staff to fill the vacant budgeted positions Sergeant, Meter Minutes of April 14, 2009 Page 7 of 7 Reader, HR Coordinator, and part-time position in the Finance Department as needed. Upon vote, the motion passed unanimously. CITIZENS COMMENTS There were no citizen comments. COMMITTEE REPORTS Councilmember Childs announced the City’s Tourism Committee will meet on Wednesday, April 15, 2009, at 2:00 p.m. at City Hall; and invited the community to come down to Bay Street for the Annual Clean-up day to be held on Sunday, April 18, 2009, at 11:00 a.m. Councilmember Putaansuu announced the Utility Committee will meet on Friday, April 17, 2009, at 7:30 a.m. at Myhre’s. Councilmember Powers congratulated Councilmember Colebank on his appointment to the Puget Sound Regional Council. MAYOR’S REPORT Mayor Coppola provided an update on his visit with Congressman Norm Dicks, noting he provided Mr. Dicks with a presentation on what projects the City needed funding for. Congressman Dicks will meet with the City to tour the project sites later this week. REPORT OF DEPARTMENT DIRECTORS There were no reports from the Department Directors. ADJOURNMENT At 8:25 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor