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05/26/2009 - 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 May 26, 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 May 26, 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 May 12, 2009, Council Meeting Minutes C. Setting Meeting for Work Study Session to June 16, 2009, at 7:00 p.m. at City Hall (Kirkpatrick) D. Adoption of Resolution No. 054-09, Authorizing the Mayor to Execute an Interlocal Agreement with Kitsap County for Drug Task Force (Townsend) E. Approval of Public Event: Cedar Cove Days (Kirkpatrick) F. Approval of Public Event: Saints Car Club (Kirkpatrick) G. Approval of Public Event: Fathoms O’ Fun Festival by the Bay (Kirkpatrick) 5. PRESENTATION A. Presentation: Cedar Cove Days 6. PUBLIC HEARING A. Public Hearing: Walton Open Space Request (Weaver) 7. BUSINESS ITEMS A. Authorization for Finance Department to Include Cedar Cove Days Flyers with Utility Billing Cycle for June and July (Kirkpatrick) B. Adoption of Ordinance No. 013-09, Authorizing the Issuance of Firework Permit to Arrow Fireworks, Inc. (Kirkpatrick) C. Adoption of Resolution No. 055-09, Authorizing the Mayor to Execute Change Order No. 1 with Caseco Associates Inc. Regarding Cline Street Repairs (Dorsey) 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 May 26, 2009, Meeting Agenda Page 2 of 2 D. Adoption of Resolution No. 056-09, Authorizing the Mayor to Execute Supplemental Agreement No. 8 with Berger Abam Regarding Tremont Widening Project (Dorsey) E. Adoption of Resolution No. 057-09, Establishing Exemptions to the Reimbursement Rates for City Personnel Expenses on Community Events and Activities (Kirkpatrick) 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. Myhre’s Tourism Committee June 10, 2009 5:00 p.m. City Hall Utilities Committee Sewer Advisory Committee (SAC) June 12, 2009 7:30 a.m. June 17, 2009 6:30 p.m. Myhre’s S.K.W.R.F Public Property Committee T.B.D. Festival of Chimes and Lights June 10, 2009 6:00 p.m. City Hall Work Study Session June 16, 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: May 26, 2009 Subject: Setting Meeting for Work Study Prepared by: Patti Kirkpatrick, CMC Session to June 16, 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 June 16, 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, June 16, 2009, at 7:00 p.m. to be held at City Hall in the Robert G. Geiger Council Chambers. Fiscal Impact: None. Attachments: None. INTERLOCAL DRUG TASK FORCE AGREEMENT ---1 of 21 Kitsap County Sheriff’s Office 614 Division Street Port Orchard, WA 98366 INTERLOCAL DRUG TASK FORCE AGREEMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW, this 30th day of June, 2009, by and between the Counties of Kitsap, Pierce and Mason and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton, and the Washington State Patrol and Naval Criminal Investigative Service. RECITALS: 1. The high level of illegal sale and use of controlled substances in the Counties of Kitsap, Pierce and Mason and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton has had increasingly serious and adverse effects on the quality of life in these counties and cities. 2. These counties and cities have, in recent years, found it necessary to spend even greater resources in fighting the problems caused by the illegal sale and use of controlled substances. 3. The parties desire to enter into an agreement that provides a formal organization in order to centralize supervision and enhance the efforts of the law enforcement agencies to combat controlled substance trafficking. INTERLOCAL DRUG FORCE AGREEMENT – 2 4. Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual advantage. Now, therefore, the parties hereto, through their respective legislative bodies, do hereby agree as follows: SECTION 1. DEFINITIONS. For purposes of this agreement: a. "Agency" and "agencies" means the member agencies of the Drug Task Force, those being the Sheriff Departments of Kitsap, Pierce and Mason Counties and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton and the Washington State Patrol and Naval Criminal Investigative Service. b. "Advisory Board" means the representative body for the Drug Task Force and shall consist of the Chiefs of Police of the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton, the Sheriffs and Prosecutors of the Counties of Kitsap, Pierce and Mason, and the Chief of the Washington State Patrol and Supervisor in charge of the Naval Criminal Investigative Service. c. "Jurisdictions" means the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton, the Counties of Kitsap, Pierce and Mason, and the State of Washington. d. "Drug Task Force" means a drug enforcement agency created by this agreement. e. The "WestNET Fund" means the account within the Kitsap County Treasurer's Office, which is administered by the Kitsap County Sheriff for the purpose of receipt and disbursement of drug forfeiture funds and court ordered contributions in accordance with section 7 of this agreement. f. "Drug Task Force Operations Fund" or "Operations Fund" means the fund administered by one of the member agencies for the purpose of receipt and disbursement INTERLOCAL DRUG FORCE AGREEMENT – 3 of monies from the "WESTNET Fund" for day-to-day operational purposes of the Task Force. g. "Task Force Operation" means any drug law enforcement activity in which an officer assigned to the Task Force takes an active part. Task Force operations may also include controlled substance law enforcement activity in which the Task Force member’s sole participation was to supply intelligence information to the arresting agency, or in which the Task Force provided follow-up support such as evidence processing, case preparation, warrant request, or follow-up investigation, if such intelligence or ancillary support is deemed substantial by the Advisory Board. In its reviewing capacity as described in Section 6.a, the Board shall determine whether such intelligence or ancillary support in any given case has been substantial so as to make the activity a Task Force operation. h. "Task Force Coordinator" means a Kitsap County Sheriff’s Office Lieutenant or above elected by the Board. SECTION 2. PURPOSE. The purpose of this agreement is to provide for and regulate the joint efforts of the City, County, State and Federal law enforcement to combat violations of controlled substance laws within the contracting jurisdictions for their mutual advantage. In order to accomplish this purpose the task force and advisory board does and must operate confidentially and without public input. The parties do not intend to create through, this Agreement, a separate legal entity subject to suit. SECTION 3. GENERAL DUTIES OF THE PARTIES. a. The County of Kitsap, through its Sheriffs Office, the County of Pierce, through its Sheriffs Office, the County of Mason, through its Sheriffs Office, the City of INTERLOCAL DRUG FORCE AGREEMENT – 4 Bainbridge Island, through its Police Department, the City of Bremerton, through its Police Department, the City of Port Orchard, through its Police Department, the City of Poulsbo, through its Police Department, the City of Shelton, through its Police Department and the Washington State Patrol and Naval Criminal Investigative Service shall assign such full time investigators to work in the task force as the drug enforcement needs require and the respective departmental staff levels permit. b. Each jurisdiction shall pay all costs associated with its officers and equipment when assigned to the Task Force. The Washington State Patrol will contribute a supervisor and pay all related costs associated with its officer and equipment. c. Each contributing agency shall act as an independent contractor and not as employee of the Task Force or of another party to this agreement. As such, each party shall not have the authority to bind other parties nor control employees of other parties, contractors or other entities. d. Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered employees of the contributing agency, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributing agencies shall continue under the employment of that agency for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Task Force or the activities of the Task Force. Each agency agrees to hold harmless, defend, and indemnify the other parties in the Task Force in any action arising from the negligence of the employees of that agency including all costs of defense including attorney's fees. INTERLOCAL DRUG FORCE AGREEMENT – 5 e. The Office of the Kitsap County Prosecutor shall, in addition to its normal duties in the prosecution of Kitsap County felony drug violations, represent the Cities, Kitsap County, and the State in real and personal property forfeitures and drug nuisance abatement proceedings initiated by Task Force assigned personnel. The parties agree that the Office of the Kitsap County Prosecutor shall receive as reimbursement for such representation a sum equal to ten percent (10%) of the drug forfeiture cash and cash proceeds from sales of property forfeited as a result of such representation, provided, however, that such reimbursement shall not exceed the annual salary and benefits of a Grade Q02, Step 3 Deputy Prosecuting Attorney. Such reimbursement shall be disbursed to the Office of the Kitsap County Prosecuting Attorney upon the final conclusion, including any appeal, of each forfeiture proceeding referenced above. We understand that the Deputy Prosecuting Attorney assigned to represent the parties in the Task Force may also, upon agreement by the respective elected Prosecuting Attorney in Mason County, represent the parties in the Task Force in forfeiture proceedings in that county as a special Deputy Prosecuting Attorney. f. Pursuant to RCW 10.93.070, law enforcement personnel assigned on a full or part-time basis to the task force shall have full police powers within the geographical area of Kitsap, Pierce and Mason Counties. Personnel assigned to the Task Force shall conform to their agency's rules and regulations, as well as Task Force policy. All disciplinary matters will be the responsibility of the individual agencies. SECTION 4. DURATION. INTERLOCAL DRUG FORCE AGREEMENT – 6 This agreement shall take effect on June 30th, 2009 and terminate on June 30th, 2012 provided; however, this agreement may be renewed annually by mutual agreement of the parties. SECTION 5. GENERAL ADMINISTRATION. a. The Kitsap County Sheriff shall administer the WestNET Fund in accordance with applicable laws, this Agreement and any other mutually agreed policies and procedures. The Task Force Operations Fund shall be administered by the Task Force Coordinator or designee in accordance with the State Auditor's accounting standards for imprest investigative funds and such other standards as the Advisory Board may prescribe. b. The Advisory Board shall meet at least quarterly, provide policy and procedural guidance to the Task Force coordinator and supervisors, and supervise the use of the WestNET Fund and Operations Fund. Each member of the Advisory Board shall have an equal voice, as long as the agency has at least one full time investigator assigned to WestNET, in all Board matters. c. The Advisory Board shall appoint a Task Force Coordinator to supervise the daily operations of the Task Force according to this Agreement and the Operating Rules of the Task Force. d. The Advisory Board or designee shall have the authority to apply on behalf of the Task Force for such grant funds as may be available from federal, state, or private sources, for the furtherance of Task Force objectives. SECTION 6. PROPERTY AND EQUIPMENT. INTERLOCAL DRUG FORCE AGREEMENT – 7 a. The Advisory Board or designee shall determine whether property seized and forfeited in a Task Force operation is to be retained for use by the Task Force or sold to generate cash for Task Force purposes. All cash proceeds from such sales of forfeited property shall be promptly deposited in the WestNET Fund, as shall all cash seized and forfeited in a Task Force operation. b. All cash, property and proceeds from property forfeited pursuant to RCW 69.50.505 by Task Force Operations shall be managed and disbursed only as provided in said RCW 69.50.505. In the event that the Task Force otherwise acquires any equipment; the parties agree to use the equipment only for such law enforcement purposes as are established by the Advisory Board. c. Upon dissolution of the Task Force, all property, provided to the Task Force by the participating agencies and all forfeited property, other than money, remaining in the Task Force’s possession shall be returned to the respective contributing agencies. Any Task Force-owned property and other cash or cash proceeds remaining in the possession of the Task Force (including monies in the WestNET Fund) shall be divided as follows: ten percent shall go to the Kitsap County Prosecutor as attorney for the Task Force; ten percent to the Washington State Patrol; eighty percent shall be allocated pro-rata between the Cities and the Counties according to the number of officer months spent in Task Force service by support, operational and command personnel of their respective police agencies, during the term of this agreement. d. Notwithstanding the termination of this Agreement and distribution of Task Force properties as herein described, such property and monies shall remain subject INTERLOCAL DRUG FORCE AGREEMENT – 8 to the use restrictions of RCW 69.50.505 in the hands of each party until fully expended for the law enforcement purposes permitted in said RCW 69.50.505. SECTION 7. HANDLING OF FUNDS. a. The WestNET Fund shall be held by the Kitsap County Treasurer, who will disburse the fund according to such standards and direction as the Advisory Board shall provide. All interest earned on monies in the fund shall be credited to the fund and remain therein until disbursed according to this agreement. b. The Task Force Coordinator or designee shall maintain a fund of ready cash so that day-to-day needs of the Task Force can be met. This shall be called the Task Force Operations Fund and shall be limited in amount to $25,000.00, or such other limit as the Advisory Board shall permit. The Operations Fund may be kept and maintained at such location and in such manner as the Task Force Coordinator or designee shall determine, subject to the Washington State Auditor's standards on imprest investigation funds and such other requirements as the Advisory Board may establish. c. In accordance with RCW 69.50.505, cash proceeds from the sale of drug forfeiture property seized by WestNET shall be delivered to the Kitsap County Treasurer together with transmittal instructions indicating the respective state and local shares thereof according to RCW 69.50.505. The local share shall then be deposited in the WestNET Fund of the Kitsap County Treasurer and accounted for separately in the WestNET Fund. The State's share shall be remitted by the Treasurer to the State Public Safety and Education (PSE) account, as required by the statute, according to the figures supplied by the Task Force on the Treasurer's general transmittal form. A copy of the Kitsap County Treasurer’s receipt and transmittal form for each such deposit, identifying INTERLOCAL DRUG FORCE AGREEMENT – 9 the forfeiture case by name and/or number, shall be promptly provided to the Task Force Coordinator or designee. d. In order to ensure compliance with this agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 by each party shall be made available upon a reasonable request for disclosure by the Advisory Board. e. Kitsap County, Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the City of Shelton, and the Washington State Patrol currently may assign a detective and/or supervisor to the task force. The Advisory Board agrees to reimburse Kitsap County, Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the City of Shelton and the Washington State Patrol for overtime wages up to $15,000.00 dollars per year for each full-time detective(s) and/or supervisor. The Advisory Board, Kitsap County Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the City of Shelton and the Washington State Patrol agree that this interlocal agreement is subject to the terms and conditions of the agreement to reimburse overtime wages; that this interlocal agreement is contingent upon continued operation of the task force; that any party may withdraw from the interlocal agreement upon thirty days written notice to each of the other parties; and that funding is subject to fund availability in the WestNET Fund. f. The Naval Criminal Investigative Service Northwest Field Office as a Federal Law Enforcement Agency is prohibited from providing any form of funding to the INTERLOCAL DRUG FORCE AGREEMENT – 10 WESTNET Fund or the Drug Task Force Operations Fund for the purpose of financially supporting the drug task force, nor can be obligated in the future for any claims against these two funds. In addition, the Naval Criminal Investigative Service and its employees will not receive any form of financial reimbursement from the two funds for any purpose. The disbursement of seized property or assets to the Naval Criminal Investigative Service will only be considered after a legal review by the Inspector General, Naval Criminal Investigative Service Headquarters. SECTION 8. AMENDMENT. This agreement may be amended from time to time as deemed appropriate by the parties, PROVIDED, any such amendment shall become effective only after it has been adopted in writing by each of the parties. SECTION 9. INTEGRATION. This agreement contains all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions in furtherance hereof. No other understanding, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind either of the parties. SECTION 10. TERMINATION. Any party may withdraw from this agreement upon thirty (30) days notices in writing, given to each of the other parties. SECTION 11. RECORDING WITH AUDITOR. This agreement shall be recorded with the Kitsap County Auditor upon written final approval of the parties. INTERLOCAL DRUG FORCE AGREEMENT – 11 COUNTY OF KITSAP APPROVED: APPROVED AS TO FORM: INTERLOCAL DRUG FORCE AGREEMENT – 12 _________________________ ________________________ STEPHEN A. BOYER, Deborah Boe Kitsap County Sheriff Deputy Prosecuting Attorney APPROVED: Kitsap County Board of Commissioners Port Orchard, Washington __________________________ Dated: __________________ CHARLOTTE GARRIDO, Chairman of the Board __________________________ Dated: __________________ JOSH BROWN, Commissioner __________________________ Dated: __________________ STEVE BAUER, Commissioner ATTEST _______________________________ Clerk of the Board COUNTY OF MASON APPROVED: APPROVED AS TO FORM: INTERLOCAL DRUG FORCE AGREEMENT – 13 _________________________ ________________________ CASEY SALISBURY Gary Burleson Mason County Sheriff Mason County Prosecuting Attorney APPROVED: Mason County Board of Commissioners Shelton, Washington __________________________ Dated: __________________ LINDA RING ERICKSON, COMMISSIONER __________________________ Dated: __________________ TIM SHELDON, COMMISSIONER __________________________ Dated: __________________ ROSS GALLAGHER, COMMISSIONER ATTEST _______________________________ Clerk of the Board CITY OF PORT ORCHARD APPROVED: APPROVED: INTERLOCAL DRUG FORCE AGREEMENT – 14 __________________________ __________________________ ALAN TOWNSEND, Chief of Police Lary Coppola, Mayor Dated: ______________________ Dated: ____________________ APPROVED AS TO FORM: ATTEST: _________________________ ___________________________ Greg Jacoby, City Attorney Patty Kirkpatrick, City Clerk CITY OF SHELTON APPROVED: APPROVED: __________________________ __________________________ INTERLOCAL DRUG FORCE AGREEMENT – 15 TERRY DAVENPORT, JOHN TARRANT, Mayor Chief of Police Dated: ______________________ Dated: ____________________ APPROVED AS TO FORM: ATTEST: _________________________ ___________________________ Kathleen Haggard, City Attorney Vicki Look, City Clerk CITY OF BREMERTON APPROVED: APPROVED: __________________________ __________________________ CRAIG E. ROGERS, Chief of Police CARY BOZEMAN, Mayor INTERLOCAL DRUG FORCE AGREEMENT – 16 Dated: ______________________ Dated: ____________________ APPROVED AS TO FORM: ATTEST: _________________________ ___________________________ Roger Lubovich, City Attorney Carol Etgen, City Clerk WASHINGTON STATE PATROL APPROVED: __________________________ JOHN R. BATISTE, Chief INTERLOCAL DRUG FORCE AGREEMENT – 17 Dated: ______________________ APPROVED AS TO FORM: _________________________ Assistant Attorney General BUDGET and FISCAL SERVICES By: ____________________________ CITY OF BAINBRIDGE ISLAND APPROVED: APPROVED: __________________________ __________________________ JON FEHLMAN, Acting Chief of Police DARLENE KORDONOWY, Mayor Dated: ______________________ Dated: ____________________ INTERLOCAL DRUG FORCE AGREEMENT – 18 APPROVED AS TO FORM: ATTEST: _________________________ ___________________________ Paul McMurray, City Attorney Rosalind Lassoff, City Clerk COUNTY OF PIERCE APPROVED: APPROVED: __________________________ __________________________ PAUL A. PASTOR Pierce County Sheriff Deputy Prosecuting Attorney Dated: ______________________ Dated: ____________________ INTERLOCAL DRUG FORCE AGREEMENT – 19 APPROVED AS TO FORM: _________________________ ATTEST Clerk of the Council CITY OF POULSBO APPROVED: APPROVED: __________________________ __________________________ DENNIS SWINEY, Chief of Police KATHERYN H. QUADE, Mayor Dated: ______________________ Dated: ____________________ INTERLOCAL DRUG FORCE AGREEMENT – 20 APPROVED AS TO FORM: ATTEST: _________________________ ___________________________ JIM HANEY, City Attorney Jill, Boltz, City Clerk OGDEN MURPHY WALLACE, P.L.L.C. NAVAL CRIMINAL INVESTIGATIVE SERVICE APPROVED: __________________________ LEE FRITCHMAN Special Agent in Charge Dated: ______________________ INTERLOCAL DRUG FORCE AGREEMENT – 21 APPROVED AS TO FORM: _________________________ Assistant Attorney General Introduced by: Police Chief Requested by: Police Chief Drafted by: Police Chief Introduced: May 26, 2009 Adopted: RESOLUTION NO. 054-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR DRUG TASK FORCE WHEREAS, on May 26, 2006, the City of Port Orchard entered into an Interlocal agreement with the Sheriff’s Departments of Kitsap, Pierce, and Mason Counties; the Cities of Bainbridge, Bremerton, Port Orchard, Poulsbo, and Shelton; and Washington State to regulate and manage the operations of the Drug Task Force; and WHEREAS, the parties have agreed to formalize an Interlocal Agreement that provides an organization to enhance the efforts of law enforcement agencies combating controlled substance trafficking; and WHEREAS, Kitsap County Treasurer’s Office administers on behalf of the Kitsap County Sheriff, the WestNET Fund, which is an account created for the purpose of receipt and disbursement of drug forfeiture funds and court ordered contributions to the Drug Task Force Advisory Board; and WHEREAS, the City of Port Orchard deems the Drug Task Force to be a valuable asset to its residents and would like to continue its partnership; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute the Interlocal Agreement with the Counties of Kitsap, Pierce, and Mason; the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, and Shelton; and Washington State for the Drug Task Force – WestNET for a contract period ending June 30, 2012. Resolution No. 054-09 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 26th day of May 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, 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 4D Meeting Date: May 26, 2009 Subject: Adoption of Resolution No. 054-09, Prepared by: Alan Townsend Authorizing the Mayor to Execute an Chief of Police Interlocal Agreement with Kitsap Atty Routing No: 004-09 County for Drug Task Force Atty Review Date: May 18, 2009 Summary: This is the renewal of the WestNet Interlocal Agreement. This document spells out the duties and responsibilities of each participating agency and regulates the management and operations of the task force. Participating agencies include: Sheriff Departments of Kitsap, Pierce, and Mason Counties, and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton, and the Washington State Patrol and Naval Criminal Investigative Service. Changes to this document are minor and have been reviewed by the City Attorney’s office. Recommendation: Approve the Interlocal Agreement as written. Motion for consideration: I move to adopt Resolution No. 054-09, authorizing the Mayor to execute an Interlocal agreement with the Sheriff Departments of Kitsap, Pierce, and Mason Counties and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton, and the Washington State Patrol and Naval Criminal Investigative Service for regulation and management of the Drug Task Force. Fiscal Impact: No change. Alternatives: Not approve the Interlocal agreement and provide direction to staff. Attachments: Resolution No. 054-09 Interlocal Agreement 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: May 26, 2009 Subject: Approval of Public Event: Cedar Prepared by: Patti Kirkpatrick, CMC Cove Days City Clerk Atty Routing No: NA Atty Review Date: NA Summary: This is a new event; however, it has been in the planning stages for the past eighteen months. The Cedar Cove Days organization is requesting permission to close certain City streets; use of City parking lots; and/or use City Parks. The Cedar Cove Association has requested use of the City’s Waterfront Marina, Park and Gazebo for an event surrounding local author Debbie Macomber, to be held August 26-30, 2009. 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 and is expected to bring in a large number of out of town guests. They have received permission from the Port of Bremerton to utilize their portion of the waterfront Marina. Recommendation: Staff recommends approving the Public Event application. Motion for consideration: I move to approve the public event application for the Cedar Cove Days, which will be held August 26-30, 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 4F Meeting Date: May 26, 2009 Subject: Approval of Public Event: Saints Car Prepared by: Patti Kirkpatrick, CMC Club City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to either close certain City streets or request the use of City parking lots. The Saints Car Club has submitted their application for public event. City departments, as well as the Fire Department, have reviewed the application and submitted their recommendations and/or comments. This Public Event Application is not a new event; they have been granted permission to host their event in City parking lots for many years. Motion for consideration: I move to approve the Saints Car Club’s application for public event The Cruz to be held on Sunday, August 9, 2009. 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 4G Meeting Date: May 26, 2009 Subject: Approval of Public Event: Fathoms Prepared by: Patti Kirkpatrick, CMC O’ Fun Festival by the Bay City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Each year several organizations request permission to either close certain City streets or request the use of City parking lots. Fathoms O’ Fun Festival by the Bay have submitted their application for public event. City departments, as well as the Fire Department, have reviewed each of these applications and submitted their recommendations and/or comments. These Public Event Applications are not new events; they have been granted permission to host their event on City streets and parking lots for many years. Motion for consideration: I move to approve the public event applications for Fathoms O’ Fun Festival by the Bay to be held on Sunday, August 9, 2009. Alternatives: Deny the applications 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. Public Hearing 6A Meeting Date: May 26, 2009 Subject: Public Hearing: Walton Open Prepared by: James Weaver Space Request Development Director Atty Routing No: 105-09 Atty Review Date: NA Summary: On March 6, 2009 the Port Orchard Planning Department received an email and a staff report from the Kitsap County Assessor regarding an application for a total of 9 acres requested to be designated as Current Use Open Space Tax Classification. Ms. Walton has made an application in November 2007 to the Kitsap County Assessor for the classification of APN# 352401-2-036-2000, five acres of undeveloped land and APN# 352401-2-037-2009 which is also five acres but contains a single family residence, with only 4 acres qualifying under the Kitsap County criteria. Both parcels are zoned R8 (8 units per acre) residential medium density. The City Council was briefed on the Open Space request at their regular Work Study Meeting on April 21, 2009, and supported the staff processing of the request through the council committees and Planning Commission prior to bringing it to a regularly scheduled City Council meeting for decision. The Port Orchard Finance Committee considered the Proposal at their April 22, 2009, meeting and approved for the Open Space request to be further processed and forwarded to the City Council. The Public Property Committee considered the Open Space request at their May 6th meeting and approved for the Open Space request to be further processed and forwarded to the City Council. The Port Orchard Planning Commission considered the Proposal and public testimony at their May 18th, 2009 meeting and moved to support the recommendation to City Council for the Open Space request. The Open Space Public Hearing and request was and incorrectly noticed by the Planning Department for May 26, 2009. The Open Space Public Hearing is requested to be continued for the City Council consideration at their regular meeting on June 9, 2009. Recommendation: Open and continue the Public Hearing for June 9, 2009 Motion for consideration: I move to open the Public Hearing and continue it to June 9, 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 7A Meeting Date: May 26, 2009 Subject: Authorization for Finance Prepared by: Patti Kirkpatrick, CMC Department to Include Cedar Cove City Clerk Days Flyers with Utility Billing Cycle Atty Routing No: 102-09 For June and July Atty Review Date: April 18, 2009 At the May 12, 2009, Council meeting, Councilmember Childs made a motion, seconded by Councilmember Colebank, to allow a flyer regarding Cedar Cove Days to be inserted into the utility billings for June and July. Council directed the City Attorney to determine if this was an allowable action and postponed a decision to this meeting. THE FOLLOWING MOTION IS BEFORE THE COUNCIL FOR ACTION: Councilmember Childs moved and Councilmember Colebank seconded the motion to authorize the Finance Department to include flyers of Cedar Cove Days in the utility billing cycles for June and July. Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: May 26, 2009 Adopted: ORDINANCE NO. 013**-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE ISSUANCE OF FIREWORK PERMIT TO ARROW FIREWORKS, INC. WHEREAS, Port Orchard Municipal Code 5.60.040 provides that only seven licenses shall be issued annually in the City; and WHEREAS, With the recent Annexation of Bethel and Sedgwick Road, which include Fred Meyer property located at the intersection of Bethel and Sedgwick, an eighth fireworks stand has been added to the City; and WHEREAS, Arrow Fireworks is a long standing fireworks provider within the City and has previously been able to acquire permits with the City; and WHEREAS, subsequent to the finalization of the Bethel and Sedgwick Road annexations, the City issued seven fireworks licenses for 2009; and WHEREAS, Arrow Fireworks would be the eighth fireworks stand in the City; and WHEREAS, the City Council finds that under these circumstances it is in the interest of fairness to allow Arrow Fireworks to obtain a fireworks permit pursuant to POMC 5.60.040; and WHEREAS, At the May 19, 2009, work study session Council directed staff to allow the eighth firework stand as it will benefit our patrons in the City; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The provision of 5.60.040 are temporarily suspended as follows: City Clerk is authorized to issue one fireworks stand permit to Arrow Fireworks Inc, located at 1353 Olney Avenue, upon the approval of South Kitsap Fire & Rescue. Formatted: Font: Bold Ordinance No. 013-09______ Page 2 of 2 Formatted: Right, Border: Bottom: (Single solid line, Auto, 0.5 pt Line width) Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia, 12 pt Formatted: Font: Georgia SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 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, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 26th day of May 2009. ___________ _______________ Lary Coppola, Mayor ATTEST: ________________________ Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: ________________ ___________ _______________ City Gregory A. Jacoby, City Attorney Jim Colebank, Councilmemberan Formatted: Font: Georgia, 12 pt Formatted: Tab stops: 3", Left Formatted: Font: Georgia, 12 pt 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 7BD Meeting Date: May 26, 2009 Subject: Adoption of Ordinance No. 0*13-*- 09, Prepared by: Patti Kirkpatrick, CMC Authorizing the Issuance of Firework City Clerk Permit to Arrow Fireworks, Inc. Atty Routing No: NA Atty Review Date: NA Summary: Port Orchard Municipal Code 5.60.040 provides that only seven license shall be issued annually in the City. With the annexation of Sedgwick and Bethel Road, which includes Fred Meyers, it was unforeseen that the fireworks stand at Fred Meyers would be seeking a license pursuant to POMC 5.60.040. Arrow Fireworks, a long standing fireworks provider, has previously been able to acquire a permit from the City. With the addition of the fireworks stand located in the recently annexed area, the City has already issued seven permits and would be required to deny Arrow Firework’s application. At the May 19, 2009, Work Study Session Council directed staff to allow the eighth fireworks stand as it will benefit our patrons in the City. Recommendation: Staff recommends approving the Firework Permit to Arrow Fireworks, Inc. Motion for consideration: I move to approve Ordinance No. 013**-09, authorizing the issuance of Firework Permit to Arrow Fireworks, Inc., located at 1353 Olney Avenue, upon the approval of the South Kitsap Fire & Rescue. Alternatives: Deny the application Attachments: Ordinance No. 013**-09 Arrow Fireworks, Inc. Application Common/CITYOFPORTORCHARD change order Page 1 of 1 CITY OF PORT ORCHARD Authorization for Change Order #1 Date: May 26, 2009 Contractor: Caseco Associates, Inc. Project: Cline Street Repairs Contract / Job # POC 010-09 $Date Appvd by Original Contract $75,214.00 30-Dec-08 Council Change Order 1 $4,615.00 26-May-09 Council Change Order 2 Change Order 3 Change Order 4 Change Order 5 Change Order 6 Change Order 7 Total Contract $79,829.00 Contract History I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Public Works Director/City Engineer Change Orders over $1,000 up to $15,000 shall be approved by the Mayor. Approved: Mayor Attest: City Clerk Change Orders over $15,000 (per project) requires City Council action. Council Approval Date Brief Description of Change Order work (Documentation to be attached): Additional construction cost associated with change in conditions. Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: May 26, 2009 Adopted: RESOLUTION NO. 055-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH CASECO ASSOCIATES INC. REGARDING CLINE STREET REPAIRS WHEREAS, on December 23, 2008, the City of Port Orchard adopted Resolution No. 067-08, thereby authorizing the Mayor to sign a contract with Caseco Associates, Inc. for the Cline Street Repairs in the amount not to exceed $75,214; and WHEREAS, on December 30, 2008, the City of Port Orchard issued a contract to Caseco Associates, Inc. in an amount not to exceed $75,214, for the Cline Street Repairs; and WHEREAS, during the course of construction, Caseco Associates, Inc. encountered changes in conditions that increased their cost of construction in an amount of $4,615; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute Change Order No. 1 (attached and incorporated herein by reference Exhibit A) with Caseco Associates, Inc. for the Cline Street Repairs in an amount not to exceed $4,615. 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 26th day of May 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, 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: May 26, 2009 Subject Adoption of Resolution No. 055-09, Prepared by: Mark Dorsey, P.E. Authorizing the Mayor to Execute Public Works Director Change Order No. 1 with Caseco Atty Routing No: NA Associates, Inc. regarding Cline Atty Review Date: NA Street Repairs Summary: On December 23, 2008, the City Council adopted Resolution No. 067-08, thereby authorizing the Mayor to sign a contract with Caseco Associates, Inc. for the Cline Street Repairs, which consisted of paving, grading, curb/gutter and sidewalk improvements located along the east side of Cline Street between Dwight Street and Kitsap Street. The total bid for the project was $75, 214. Upon completion of the work, a change order in an amount of $4,615 was submitted by Caseco Associates, Inc. for “changes in conditions.” Recommendation: Staff recommends that the City Council adopt Resolution No. 055-09, authorizing the Mayor to execute Change Order No. 1 with Caseco Associates, Inc. in an amount not to exceed $4,615. Motion for consideration: I move to adopt Resolution No. 055-09, authorizing the Mayor to execute Change Order No. 1 with Caseco Associates, Inc. in an amount not to exceed $4,615, with funds from Road and Street Construction. Fiscal Impact: Funds allocated as part of the 2009 Budget Alternatives: None Attachments: Resolution No. 055-09 Change Order No. 1 Caseco Schedule of Values (dated April 24, 2009) 9/4/2020 11:27 AM Page 1 of 1 Common/CITY OF PORT ORCHARD change order CITY OF PORT ORCHARD Authorization for Change Order #8 Date: May 26, 2009 Contractor: Berger/Abam Engineers, Inc. Project: Tremont Street Widening Contract / Job # STPUS-6610 (004) $Date Appvd by Original Contract $455,000.00 10-Aug-05 Council Change Order 1 $47,800.00 23-May-06 Council Change Order 2 $58,900.00 16-Jan-07 Council Change Order 3 $40,833.00 26-Mar-07 Council Change Order 4 $10,000.00 07-Jan-08 Council Change Order 5 $55,013.00 14-May-08 Council Change Order 6 $15,000.00 07-Jul-08 Council Change Order 7 $55,579.00 07-Jul-08 Council Change Order 8 $0.00 26-May-09 Council Total Contract $738,125.00 Contract History I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Public Works Director/City Engineer Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Mayor Attest: City Clerk Change Orders over $15,000 (per project) require Council action. Council Approval Date Brief Description of Change Order work (Documentation to be attached): Additional contract time only – to provide for formalizing the funding process for PS&E completion and commencement of R/W acquisition. Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: May 26, 2009 Adopted: RESOLUTION NO. 056-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 8 WITH BERGER ABAM REGARDING TREMONT WIDENING PROJECT WHEREAS, on August 20, 2005, the City of Port Orchard entered into a Contract with Berger/Abam Engineering, Inc. regarding the Tremont Street Widening Project; and WHEREAS, since August 20, 2005, there have been seven (7) contract supplemental agreements to date, with the current Berger/Abam Engineering, Inc. contract amount being $738,125.00 with an associated contract Completion Date of May 30, 2009; and WHEREAS, the contract Completion Date needs to be extended 12-months to allow for adequate time to formalize the funding acquisition process; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council agrees to amend the contract between the City of Port Orchard and Berger/Abam Engineering, Inc. by extending the contract completion date from May 30, 2009 to May 30, 2010; and THAT: The Mayor is authorized to execute Supplemental Agreement No. 8 (Exhibit A attached to and incorporated herein) with Berger/Abam Engineering, Inc. for the Tremont Street Widening Project. 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 26th day of May 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, 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: May 26, 2009 Subject Adoption of Resolution No. 056-09, Prepared by: Mark Dorsey, P.E. Authorizing the Mayor to Execute Public Works Director Supplemental Agreement No. 8 with Atty Routing No: NA Berger/Abam regarding Tremont Atty Review Date: NA Widening Project Summary: On August 20, 2005, the City of Port Orchard entered into a contract with Berger/Abam Engineers, Inc. for the engineering design of the Tremont Street Widening Project in the amount of $455,000. Since that time, the project scope has been modified several times resulting in seven (7) supplemental agreements and resulting in a current contract amount of $738,125. On June 24, 2008, the City Council directed the Public Works staff to pursue Option No. 3 of the Alternatives Analysis, dated June 17, 2008, that being a roundabout at South Kitsap Boulevard and a roundabout at Pottery Avenue with design reconsiderations. On April 28, 2009, the Port Orchard City Council passed Resolution No. 040-09, thereby supporting the Tremont Street Widening/Gateway Project. Since the current contract completion date is set to expire on June 30, 2009, and the KRCC Board does not meet again until June 2, 2009, a contract amendment is needed to allow for adequate time to formalize the project’s funding acquisition process for 100% PS&E and ROW Plan Approval/Acquisition. A revised contract completion date of May 30, 2010, is requested. Recommendation: Staff recommends that the City Council adopt Resolution No. 056-09, authorizing the Mayor to execute Supplemental Agreement No. 8 with Berger/Abam, Inc. for the Tremont Street Widening Project extending the contract Completion Date to May 30, 2010. Motion for consideration: I move to adopt Resolution No. 056-09, authorizing the Mayor to execute Supplemental Agreement No. 8 with Berger/Abam Engineers, Inc., for the Tremont Street Widening Project extending the contract completion date to May 30, 2010. Fiscal Impact: None Alternatives: None Attachments: Resolution No. 056-09 Supplemental Agreement No. 8 COPO Change Order No. 8 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: May 26, 2009 Adopted: RESOLUTION NO. 057-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING EXEMPTIONS TO THE REIMBURSEMENT RATES FOR CITY PERSONNEL EXPENSES ON COMMUNITY EVENTS AND ACTIVITIES OR PROJECTS ON PRIVATE PROPERTY OR PUBLIC PROPERTY OWNED BY OTHER GOVERNMENTAL ENTITIES. WHEREAS, the City of Port Orchard has a municipal work force with specific skills and responsibilities; and WHERAS, the City is prohibited from donating time, materials, and money for private purposes; and WHEREAS, there are community events which are deemed to have benefit to the City at large and support tourism into the City, and thus may be supported by City personnel; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the following community events are deemed to have benefit to the City at large and support tourism into the City, and thus may be supported by City personnel, under the direction and control of the Mayor or his/her designated department director, without requiring reimbursement of expenses: (1) Fathoms O’Fun Parade (2) Fathoms O’Fun Summer Festival and Fireworks (3) Saints Car Club - The Cruz (4) Festival by the Bay (5) Concerts by the Bay (6) Festival of Chimes and Lights (7) Cedar Cove Days (8) Chamber of Commerce – Murder Mystery Weekend (9) Chamber of Commerce – Seagull Calling Festival and Wings Cook-off Resolution No. 057-09 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 26th day of May 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, 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 7EConsent Agenda 4* Meeting Date: May 26, 2009 Subject: Adoption of Resolution No. 057**- 09, Prepared by: Patti Kirkpatrick, CMC Establishing Exemptions to the City Clerk Reimbursement Rates for City Atty Routing No: 097-09 Personnel Expenses on Community Atty Review Date: May 2018, 2009 Events and Activities Summary: There are many community events and activities during the year in Port Orchard. Many of these events and activities have been deemed to have benefit to the City at large and support tourism into the City and are from time to time supported by City personnel. The City has supported these events and activities by exempting them from the requirement that they reimburse the City for use of City personnel. The City Clerk’s office received a request to add another community event, Cedar Cove Days, to the exemption list set forth previously in Resolution No. 2084. In reviewing the exemption list, it has been noted that the Chamber no longer does the Freedom Fighters Challenge and they have also requested that their list be updated to include Murder Mystery Weekend and Seagull Calling Festival. Recommendation: Staff recommends the Council adopt Resolution No. 057**-09, establishing exemptions to the reimbursement rates for City personnel expenses on community events and activities or projects on private or public property owned by other governmental entities. Motion for consideration: I move to adopt Resolution No. 057**-09, establishing exemptions to the reimbursement rates for City personnel expenses on community events and activities or projects on private or public property owned by other governmental entities. Fiscal Impact: None Alternatives: Not approve the exemptions and require all events, festivals, and activities to reimburse the City for use of its workforce during the events. Attachments: Resolution No. 057**-0-9 Resolution Nos. 2084 and 028-07 City of Port Orchard Council Meeting Minutes Regular Meeting of May 12, 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: Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Senator Derek Kilmer led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Ron Bates, 204 Rockwell Avenue, voiced his opposition of the storm drainage fees. Mayor Coppola and Public Works Director Dorsey explained to Mr. Bates that the storm drainage program is federally mandated. Kathleen Wilson, 389 Golden Pond, invited the community to Port Orchard’s First Annual Art Walk, which will be held on Friday, May 15, 2009, from 4:00 p.m. to 7:00 p.m. APPROVAL OF AGENDA Councilmember Childs moved and Councilmember Clauson seconded the motion approving the Agenda. Upon vote, the motion passed unanimously. APPROVAL OF CONSENT AGENDA Councilmember Putaansuu moved and Councilmember Colebank seconded the motion approving the Consent Agenda. Upon vote, the motion passed unanimously. A. Approval of Claim Warrants# 51612 through #51694 in the amount of $280,733.44; April Payroll Warrants #142264 through #142323 in the amount of $439,366.62; and Treasurer’s check book in the amount of $1,392,153.31. B. Approval of the April 21, 2009, Work Study Session Minutes C. Approval of the April 28, 2009, Council Meeting Minutes D. Second Reading and Adoption of Ordinance No. 012-09, Amending the 2009 Budget E. Adoption of Resolution No. 047-09, Relating to Federal Grant Funding Request for the Blackjack Creek Wilderness Trail PRESENTATION Presentation: Post Legislative Wrap-up Senator Derek Kilmer voiced his appreciation of the Council’s participation during the legislative session, stating he valued the partnership. He provided a brief report on the following: Minutes of May 12, 2009 Page 2 of 8 • Managing the economic downturn • Balanced budget despite declining State revenues • Positioning the State for economic recovery • Investing in infrastructure without increasing taxes • Investing in higher education, especially high tech jobs • Sustainable ferry systems • Assisting military members and family members Senator Kilmer encouraged the Council to remain involved in legislative issues and looked forward to working closely with the City during the next session. Proclamation: Mrs. Port Orchard Mayor Coppola presented the proclamation to Amy Schroder, Mrs. Port Orchard, who thanked the Council for their continued support. Certificates of Appreciation to McCormick Woods Homeowners Association City Development Director Weaver presented the Certificates of Appreciation to Dick Davis of the McCormick Woods Homeowners Association for all the volunteers in appreciation of the hard work and dedication in making the annexation possible. Dick Davis, McCormick Woods Homeowners Association, thanked the Council and staff for their continued support. Presentation: Kitsap Concierge Program 2009 Grant Griffin provided a brief report on their new program supporting tourism, The Kitsap Concierge Program, which they hope will increase the number of visitors to the local Kitsap communities. They will be working with the State ferry systems, the Suquamish Tribe, and West Sound Tech Center in promoting County tourism. PUBLIC HEARINGS Public Hearing: Ordinance No. 011-09, Regarding Annexation of McCormick Woods, The Ridge, et al; A-19-09 Development Director Weaver presented the staff report, noting property owners within McCormick Woods and The Ridge, et al, submitted a Petition for Annexation on March 18, 2009, to annex 1,283 parcels totaling approximately 1,675.98 acres contiguous to the City limits. The parcels lie to the north and south of Old Clifton Road, and to the west of Highway 16/Sedgwick Road interchange. At 7:53 p.m. Mayor Coppola opened the Public Hearing. Ron Bates, 204 Rockwell Avenue, questioned whether or not the intent was to use the annexation as a way to increase the City’s bonding power in order to build a parking garage. Minutes of May 12, 2009 Page 3 of 8 There being no further testimony, Mayor Coppola closed the Public Hearing at 7:54 p.m. Public Hearing: Regarding Lowe’s HIW, Inc. Sanitary Sewer Pump Station (Latecomer) Developer’s Agreement Public Works Director Dorsey presented the staff report, noting RCW 35.91 and City of Port Orchard Ordinance No. 1852, allows a person or persons (developer) contemplating the construction of a road extension, storm water system, sewer line or water main to enter into a Developer’s Agreement, whereby the Developer is entitled to reimbursement for a fifteen (15) year period for a pro rata share of the construction costs of the improvements constructed. Reimbursement charges are to be assessed against Benefitted Non- Contributing Properties, paid to the City upon connection to the System and remitted to the Developer. Staff recommends opening the Public Hearing. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:56 p.m. NEW BUSINESS Adoption of Ordinance No. 011-09, Approving the Annexation of McCormick Woods, The Ridge, et. al. with Comp Plan/Zoning Designations Development Director Weaver presented the staff report, noting the Public Hearing for approval of City Council Ordinance No. 011-09, for the annexation of 1,283 parcels which total approximately 1,675.98 acres, and the associated right-of-ways at the request of the McCormick Woods, The Ridge, et al, was heard earlier in the meeting. The parcels are located in the vicinity of Sections 4, 5, 8, 9, 16, and 17 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. Staff recommends adoption of Ordinance No. 011-09. Councilmember Clauson moved and Councilmember Powers, Putaansuu, Childs, Colebank, Olin, and Chang seconded the motion to adopt Ordinance No. 011-09, approving the McCormick Woods, the Ridge, et al, petition for annexation of 1,283 parcels, which total approximately 1,675.98 acres, and the associated right-of-ways. Upon vote, the motion passed unanimously. Adoption of Resolution No. 048-09, Authorizing the Mayor to Execute Latecomer Agreement for Lift Station and Sewer Main Extension under Sedgwick Road Development Director Weaver presented the staff report, noting on June 23, 2008, the City of Port Orchard Public Works Department accepted a Bill of Sale for the recently completed regional sanitary sewer pump station and appurtenances located at the Lowe’s HIW, Inc. (Lowe’s) Sedgwick store. On August 19, 2008, Lowe’s requested the necessary documentation to prepare a Developer’s (Latecomer’s) Agreement pursuant to RCW 35.91 and City of Port Orchard Ordinance No. 1852. On May 12, 2009, the City of Port Orchard Minutes of May 12, 2009 Page 4 of 8 held a Public Hearing pursuant to the requirements of RCW 35.91 and City Ordinance No. 1852. Staff recommends that the City Council authorize the Mayor to execute the Resolution for the Lowe’s Developer’s Agreement for Reimbursement for a Regional Sanitary Sewer Pump Station with Lowe’s HIW, Inc. Councilmember Childs moved and Councilmember Colebank seconded the motion to adopt Resolution No. 048-09, authorizing the Mayor to execute the Developer’s (Latecomers) Agreement for Reimbursement for a Regional Sanitary Sewer Pump Station with Lowe’s HIW, Inc. Upon vote, the motion passed unanimously. Adoption of Resolution No. 049-09, Revising the Job Descriptions for the Positions of City Clerk/Assistant to the Mayor and Human Resources Coordinator City Clerk Kirkpatrick presented the staff report, noting that from time to time staffing needs and responsibilities change and requires job description updates. Currently, the Human Resource (HR) Coordinator reports and is supervised by the City Clerk/Assistant to the Mayor and it is the desire and intent for this position to report directly to and be supervised by the Mayor. In addition, the City Clerk has taken on the added responsibilities of overseeing and administering tourism, marketing, advertising, and public relations work on behalf of the City. Revised job descriptions for the positions of City Clerk/Assistant to the Mayor and HR Coordinator have been provided for Council’s review and consideration. Staff recommends the Council adopt Resolution No. 049-09, revising the job descriptions for the positions of City Clerk/Assistant to the Mayor and HR Coordinator. Councilmember Colebank moved and Councilmember Powers seconded the motion to adopt Resolution No. 049-09, revising the job descriptions for the positions of City Clerk/Assistant to the Mayor and HR Coordinator as described in the attached Exhibits A and B respectively. Upon vote, the motion passed unanimously. Adoption of Resolution No. 050-09, Authorizing the Mayor to Execute an Agreement with the Kitsap Regional Library District City Clerk Kirkpatrick presented the staff report, noting the City Clerk’s office has been working with the Kitsap Regional Library (KRL) District to update the existing, outdated agreement between the City and KRL for use of the building located at 87 Sidney Avenue, which currently houses the Port Orchard Library. A copy of the original agreement, dated January 1964, was included in the packet for Council’s review. The Finance Committee, City Attorney, and Kitsap Regional Library District have reviewed the proposed agreement and the parties are amenable to the terms as written. The proposed agreement shall be in effect for five-years with an option to renew for one additional five-year period upon written agreement of the parties. Staff recommends Minutes of May 12, 2009 Page 5 of 8 authorizing the Mayor to execute the agreement with the Kitsap Regional Library for use of the building located at 87 Sidney Avenue, which currently houses the Port Orchard Library. Councilmember Powers moved and Councilmember Childs seconded the motion to adopt Resolution No. 050-09, authorizing the Mayor to execute an Agreement with the Kitsap Regional Library District for use of the building located at 87 Sidney Avenue, which currently houses the Port Orchard Library for a five-year term ending on May 31, 2014. Councilmember Clauson moved and Councilmember Powers seconded the motion to add the language that both parties will name the other as an additional insured on their insurance policy. Upon vote, the motion to amend passed unanimously. Upon vote, the motion as amended passed unanimously. Adoption of Resolution No. 051-09, Authorizing the Mayor to Execute A Contract with the City Clerk Regarding Partial Salary Reimbursement from the Hotel/Motel Tax Fund City Clerk Kirkpatrick presented the staff report, noting during the 2009 budget process, the Finance Committee discussed and recommended to the Council to increase the Mayor from part-time to full-time employment, utilizing Hotel/Motel Tax funding to support the salary and benefits for the first six months in 2009. After several meetings with the State Auditor’s office, it became apparent that tourism promotion is a part of every Mayor’s job and it would be difficult to identify time the Mayor spent on tourism promotion that was over and above his current duties. However, the Auditor’s office determined that Hotel/Motel Tax funding could be used to offset a staff member’s salary so long as the tourism-related work was currently not a part of their regular duties. Staff recommends the Council authorize the Mayor to execute a Funding Agreement with the City Clerk regarding the use of Hotel/Motel Tax money to partially offset the City Clerk’s salary and benefits. Councilmember Clauson moved and Councilmember Colebank seconded the motion to adoption Resolution No. 051-09 authorizing the Mayor to execute a Funding Agreement with the City Clerk regarding the use of Hotel/Motel Tax money to partially offset the City Clerk’s salary and benefits in an amount not to exceed $20,000. Upon vote, the motion passed unanimously. Adoption of Resolution No. 052-09, Authorizing the Mayor to Execute A Contract with the Port Orchard Independent as the City’s Official Newspaper City Clerk Kirkpatrick presented the staff report, noting annually, RCW 35.21.875 requires each city or town to designate an Official City Newspaper. The newspaper shall be of general circulation within that city or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services was published April 10, 2009, Minutes of May 12, 2009 Page 6 of 8 and two bids were received from the Port Orchard Independent and the Kitsap Sun as follows: Port Orchard Independent: 2008 2009 Price per column inch $2.95 $2.95 Cost per additional line $0.33 Legal notices on website $0.00 $o.00 Circulation Numbers as Audited by Circulation Verification Council: Total Circulation Number 18,333 18,291 City of Port Orchard 2,245 2,495 Urban Growth Area 4,770 5,155 Kitsap Sun: 2008 2009 Price per column inch $3.17 $3.19 Cost per additional line NA NA Legal notices on website $7.00 $7.00 Circulation Numbers as Audited by Audit Bureau of Circulations: Total Circulation Number 18,333 18,291 City of Port Orchard 2,417 2,271 Urban Growth Area 3,316 3,117 Staff recommends that the City designate the Port Orchard Independent as its Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16. In response to Councilmember Chang, City Clerk Kirkpatrick noted Mayor Coppola and AWC are currently working with the State legislature to allow legal notices to be published online as well as printed. Councilmember Colebank moved and Councilmember Childs seconded the motion to adopt Resolution No. 052-09, designating the Port Orchard Independent as the City’s Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16. Upon vote, the motion passed unanimously. Adoption of Resolution No. 053-09, Authorizing the Mayor to Execute A Contract with the Port of Bremerton Regarding use of Hotel/Motel Tax Funds for Foot Ferry Service During the Kitsap Harbor Festival City Clerk Kirkpatrick presented the staff report, noting on December 9, 2008, the Council adopted its 2009 Budget, which included Hotel/Motel Tax Fund distributions for the 2009 tourism season. On March 11, 2009, the Lodging Tax Advisory (LTA) Committee reviewed four supplemental requests for Hotel/Motel Tax Funds, if any were to become available in 2009. In fact, the Hotel/Motel Tax revenue in the amount of $21,775.86 was carried over from 2008 in unallocated funds. During its meeting on March 11th, the LTA Committee Minutes of May 12, 2009 Page 7 of 8 discussed the reduction of foot ferry services on Sundays between Port Orchard and Bremerton due to the declining economy. The LTA Committee indicated its support to use the remaining 2008 carry over funds for foot ferry services, especially on special event weekends. Staff recommends the Council authorize the Mayor to execute the Civic Festival Funding Agreement with the Port of Bremerton regarding use of Hotel/Motel Tax for operation of the foot ferry between Port Orchard and Bremerton during the Kitsap Harbor Festival, which is expected to bring in many tourists. Councilmember Chang moved and Councilmember Colebank seconded the motion to authorize the Mayor to execute the Civic Festival Funding Agreement with the Port of Bremerton regarding use of Hotel/Motel Tax for foot ferry services to transport tourists to/from the festival events to be held over the Memorial weekend in an amount not to exceed $1,300. Upon vote, the motion passed unanimously. CITIZENS COMMENTS Ron Bates, 204 Rockwell Avenue, voiced his opposition to paying storm drainage fees. COMMITTEE REPORTS Councilmember Chang reported the Downtown Revitalization and Main Street Approach seminar was very informative and is willing to share information with other Councilmembers. Councilmember Childs announced the City’s Tourism Committee will meet on Wednesday, May 13, 2009, at 2:00 p.m. at City Hall; and Delilah has donated $2,000 towards downtown beautification. Councilmember Childs moved and Councilmember Colebank seconded the motion to authorize the Finance Department to include flyers of Cedar Cove Days in the utility billing cycles for June and July. Councilmember Putaansuu moved and Councilmember Olin seconded the motion to postpone authorization of the Finance Department to include Cedar Cove Days flyers in the utility billing cycles for June and July to the May 26, 2009, Council meeting. Upon vote, the motion passed unanimously. MAYOR’S REPORT Mayor Coppola reported that the Kitsap County Consolidated Housing Authority is close to a possible financial solution; that he attended the Shop SK First pancake breakfast and participated as a Judge for the Seagull Calling Festival; attended the Boys and Girls Auction; met with a Kitsap Regional Library Board Director and had lunch with Senator Patty Murray’s staff. Minutes of May 12, 2009 Page 8 of 8 Mayor Coppola announced Delilah was willing to donate the paint need to help paint the town if volunteers could be coordinated. REPORT OF DEPARTMENT HEADS Development Director Weaver reported he has applied for a Home Depot grant for materials that could go towards the downtown revitalization projects and announced the South Kitsap School District has released their capital facilities plan and staff would begin the process in developing an ordinance to collect school impact fees. Public Works Director Dorsey announced that the snow plow is here and will be used during spring cleanup week starting June 8, 2009. ADJOURNMENT At 9:14 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, CMC, City Clerk 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. Meeting Date: May 12, 2009 Subject: Prepared by: Atty Routing No: Atty Review Date: Summary: Recommendation: Motion for consideration: Fiscal Impact: Alternatives: Attachments: