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11/10/2009 - 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: 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 November 10, 2009, Meeting Agenda Page 1 of 2 City Council Meeting Agenda November 10, 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, Payroll & Treasurer’s check book B. Approval of the October 20, 2009, Work Study Session Minutes C. Approval of the October 27, 2009, Council Meeting Minutes D. Adoption of Resolution No. 109-09, Authorizing a One-Time Credit for 2009 Storm Drainage Utility Assessed Penalties (Dorsey) 5. PRESENTATION A. Proclamation: Pancreatic Cancer Awareness Month B. Proclamation: Appreciating the Efforts of Delilah Rene for the “Paint the Town” Event C. Presentation by Officer Bob MacFann 6. PUBLIC HEARING - NONE 7. BUSINESS ITEMS A. Adoption of Ordinance No. 025-09, Setting the Amount of Property Taxes to be Levied for the Year 2010, Including Administrative Refunds (Martin) B. Adoption of Ordinance No. 026-09, Making a Declaration of Substantial Need for Purposes of Setting the Limit Factor for the Property Tax Levy for 2010 (Martin) C. Adoption of Resolution No. 110-09, Approving the Job Description and Step Schedule for an Engineering Technician II (Dorsey) D. Adoption of Resolution No. 111-09, Approving Changes to the Position of Assistant City Engineer Job Description (Dorsey) CITY OF PORT ORCHARD Mayor: Lary Coppola Administrative Official Councilmembers: Fred Chang Chair: Lodging Tax Advisory Committee Tourism Committee Staff: Clerk’s Office Jerry Childs Chair: Tourism Committee Staff: Clerk’s Office John Clauson Chair: Finance Committee Staff: City Treasurer Utilities Committee r Jim Colebank Tourism Committee Public Property Committee Fred Olin Utilities Committee Public Property Committee Carolyn Powers Chair: Public Property Committee Staff: Planning Department Finance Rob Putaansuu Chair: Utilities Committee Staff: Public Works Department Finance Department Director: Patti Kirkpatrick Administrative Services City Clerk Allan Martin City Treasurer Debbie Hunt Court Administrator James Weaver Development Director Al Townsend Police Chief Mark Dorsey, P.E. Public Works Director City Engineer Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 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 November 10, 2009, Meeting Agenda Page 2 of 2 E. Adoption of Resolution No. 112-09, Authorizing the Mayor Pro-Tempore to Execute a Contract Extension for Tremont Widening Project with Universal Field Services, Inc. (Dorsey) F. Adoption of Resolution No. 113-09, Authorizing the Mayor to Execute an Interlocal Agreement for Purchasing Various Equipment, Supplies, and Services with Kitsap County (Kirkpatrick) G. Authorizing a Waiver of Fees for Use of the Active Club Building for the Annual Alkathon (Dorsey) H. Authorization to Issue RV Parking Permit Exemption (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 November 6, 2009 7:30 a.m. Myhre’s Tourism Committee November 18, 2009 5:30 p.m. City Hall Utilities Committee Sewer Advisory Committee (SAC) November 20, 2009 7:30 a.m. December 16, 2009 6:30 p.m. Myhre’s W.S.U.D. Public Property Committee T.B.D Work Study Session November 17, 2009 7:00 p.m. City Hall City of Port Orchard Council Meeting Minutes Work Study Session of October 20, 2009 1. 7:00 p.m. Call to Order Mayor Pro-Tem Carolyn Powers called the meeting to order at 7:00 p.m. Councilmembers Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu was present. City Treasurer Martin, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby were also present. Mayor Coppola was absent. 2. Discussion: I-1033 At the request of Mayor Coppola, City Clerk Kirkpatrick reported on the AWC Legislative Dinner and the discussion of I-1033, which was a concern. She inquired if the Council would like to take a position, noting that other jurisdictions have taken a position opposing I-1033; however, she noted that the election was two weeks away. After a brief discussion, the Council determined there was not adequate time prior to the election to take a position on I-1033. 3. Presentation: Kitsap Peninsula Visitor and Convention Bureau Patty Graf-Hoke, Director of Kitsap Peninsula Visitor and Convention Bureau (KPVCB), thanked the Council for working with the KPVCB and provided a brief presentation regarding what services the City received in the past year: • KPVCB’s number one role is marketing to increase/attract tourism; and • KPVCB offers a powerful local, national, and international website and believes the website is being underutilized as a gateway to the Kitsap Peninsula. Further, Ms. Graf-Hoke explained that the KPVCB’s goal is to market the entire Kitsap Peninsula through its website and other marketing tools and tourism is a growth industry. Kitsap Peninsula is one of the few places that continue to show increased tourism revenue and the KPVCB stands ready to partner with the City. Diane Robinson, President of the KPVCB, voiced her appreciation in how the KPVCB has promoted her own business. 4. Presentation: Parking Garage Development Director Weaver provided a presentation on the downtown parking garage project and mentioned the following: • October 14, 2009: Proposal site was determined by Resolution No. 048-08; • February 2009: Feasibility study was conducted and reveals the estimated parking space capacity for the proposed site to be approximately 476; • July 24, 2009: The Sidney Gallery/Museum submitted a letter outlining alternatives to the Council should they choose to include the Sidney Gallery/Museum property in with the proposed parking garage project; October 20, 2009, Work Study Session Minutes Page 2 of 3 • Provided drawing of the proposed parking garage preliminary design with or without the Sidney Gallery/Museum’s property; and • Provided estimates of what the costs to include the Sidney Gallery/Museum building if it were to reach the construction phase. In response to Councilmember Chang, Mr. Turner will check with the Sidney Museum Board to see if another historical location would be feasible should the proposed parking garage move forward. The Council directed staff to bring this item back at the November 17, 2009, Work Study Session for further discussion. 5. Update: Annexation Development Director Weaver provided a draft Interlocal Agreement (ILA) with Kitsap County relating to parks, open space, and recreation within McCormick Woods. City Attorney Jacoby advised Council this is one of three ILA’s with Kitsap County regarding the annexation of McCormick Woods. The other two ILA’s are in regards to road and storm water. After a brief discussion, the Council directed staff to ask for an accounting of the park impact fees maintained by Kitsap County, as well as any obligations promised during the collection of impact fees. 6. Update: Tremont Widening Public Works Director Dorsey provided a brief update, noting that he had met with the Postmaster regarding the mail boxes; met with Kitsap Transit regarding the right-of-way plans; met with Universal and the Department of Transportation on right-of-way acquisitions; that the National Environmental Protection Agency (NEPA) portion is complete; and PS&E is approximately 95% done. 7. Update: Land Use Regulatory Code, Title 16, and Critical Areas Ordinance Development Director Weaver reported we are in a 60 day comment period; the Public Hearing is set for the November 24, 2009, Council meeting; with the approval of adoption to include public comments at the December 8, 2009, Council meeting. 8. Discussion: In Port Orchard Bring Your Ideas Councilmember Putaansuu suggested a few sayings to be printed under their name badges for the Kitsap Regional Coordinating Council (KRCC) Legislative Dinner. After a brief discussion, staff was directed to provide the following sayings for each Councilmember attending the dinner as follows: • Lary Coppola, Mayor: Fastest permit process in the County is IN PORT ORCHARD October 20, 2009, Work Study Session Minutes Page 3 of 3 • Jim Colebank, Councilmember: We painted the town IN PORT ORCHARD • Fred Chang, Councilmember: The friendliest people are IN PORT ORCHARD • Jerry Childs, Councilmember: See the possibilities IN PORT ORCHARD • Carolyn Powers, Councilmember: East to West, we’re the best IN PORT ORCHARD • John Clauson, Councilmember: Opportunities are endless IN PORT ORCHARD • Rob Putaansuu, Councilmember: Cedar Cove is PORT ORCHARD 9. Other Discussion Items In response to Gerry Harmon; staff was directed to inquire about obtaining microphones or extension cords for the current Chamber microphones in order to be used during work study sessions. 10. Next Work Study Session- Tuesday, November 18, 2009 At 9:07 p.m. the meeting was adjourned. Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor City of Port Orchard Council Meeting Minutes Regular Meeting of October 27, 2009 1. CALL TO ORDER AND ROLL CALL Mayor Lary Coppola called the meeting to order at 7:00 p.m. Councilmembers Mayor Pro-Tem Carolyn Powers, Fred Chang, Jerry Childs, John Clauson, Jim Colebank, Fred Olin, and Rob Putaansuu were present and constituted a quorum. Public Works Director Dorsey, Assistant City Engineer Archer, City Clerk Kirkpatrick, Deputy Clerk Rinearson, Development Director Weaver, City Treasurer Martin, Assistant City Attorney Luxenberg, and City Attorney Jacoby were also present. A. Pledge of Allegiance Brian Petro led the audience and Council in the Pledge of Allegiance. 2. CITIZENS COMMENT Jesus Monteria and Wayne Patterson voiced their concerns with the newly installed “no parking on street” signs placed along the north 350’ of Advantage Avenue, which are located in their front their neighborhood. Both had spoken with staff regarding this issue and were advised to bring forward to the Council for their consideration. The Mayor advised that he would meet with both gentlemen as well as staff next week to find a solution to the problem. Nicolai Vaught voiced her concerns with water sediment problems in her neighborhood; and urged the Council to reconsider its decision regarding roundabouts in a residential neighborhood. Diane Hubert urged the Council to keep safety of pedestrians in mind as they widen Tremont Boulevard. 3. APPROVAL OF AGENDA The following items were moved from Consent to Business Items: • Approval of Public Event Application: Festival of Chimes and Lights • Adoption of Resolution No. 099-09, Authorizing the Mayor to Execute a Contract to Provide Sound System during the Festival of Chimes and Lights with Gordon Sound Production The following items were moved to the start of Business Items: • Adoption of Resolution No. 106-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Public Works Employees • Adoption of Resolution No. 107-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Municipal Court Employees The following items were removed from the Agenda: • Adoption of Resolution No. 100-09, Extending Interim Zoning and Comprehensive Designations for 2009 Annexations Minutes of October 27, 2009 Page 2 of 8 • Adoption of Resolution No. 108-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Police Support Staff Councilmember Clauson MOVED and Councilmember Putaansuu seconded the motion approving the Agenda as amended. Upon vote, the motion passed unanimously. 4. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants, Payroll & Treasurer’s check book B. Approval of the October 6, 2009, Special Work Study Session Minutes C. Approval of the October 13, 2009, Council Meeting Minutes D. Approval of the October 13, 2009, Special Work Study Session Minutes E. Setting Meeting for Work Study Session to November 17, 2009, at 7:00 p.m. at City Hall F. Approval of Public Event Application: Festival of Chimes and Lights G. Adoption of Resolution No. 099-09, Authorizing the Mayor to Execute a Contract to Provide Sound System during the Festival of Chimes and Lights with Gordon Sound Production Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion approving the Consent Agenda as amended. Upon vote, the motion passed unanimously. 5. PRESENTATION A. Employee of the Fourth Quarter Mayor Coppola announced that Deputy Clerk Brandy Rinearson was the Employee of the Fourth Quarter, noting her positive attitude and willingness to take on new challenges make her an exemplary employee. B. Update: Ferry Service Review and Concerns – Representative Seaquist Representative Seaquist spoke to the struggling ferry systems, noting the gas tax receipts continue to decline, which affects paying for roads and ferries. The legislators plan to take review the entire transportation strategy of the state including roads, ferry, transit services, and how to fund the necessary and needed improvements whether it is through tolls, bonds, etc. He stressed how important ferries were to the community as a whole and that all communities needed to work together to find ways to pay for continuing services. 6. PUBLIC HEARING A. Anticipated 2010 City Budget Revenue Sources City Treasurer Martin reviewed the statutory property tax levy rates and how the rates have decreased with the one percent levy limit. The City’s 2010 levy rate is approximately $2.1551. City Treasurer Martin explained that the amount of property tax Cities with a population over 10,000 can collect is limited by law to an annual increase of one-percent or the rate of inflation, whichever is less. This year the negative rate of inflation is the limiting factor, which is 0.848%, which would Minutes of October 27, 2009 Page 3 of 8 normally mean that property taxes would not increase. However, the City may pass an ordinance declaring a Substantial Need for a one-percent increase. A substantial need ordinance will be brought forward for Council consideration at the November 10th meeting. The current economic conditions warrant the declaration of substantial need in order to maintain City services at their current levels. City Treasurer Martin provided an overview of current expense and street budgets and sales tax collection through September 2009. Other revenue sources included licenses and permits, state- shared revenues such as grants and boat registration fees; charges for services such as land-use, plan review, court probation and law enforcement services; fines and forfeits and miscellaneous fees such as interest and earnings and parking fees. Mayor Coppola opened the Public Hearing, and there being no testimony, closed the Public Hearing at 7:09 p.m. 7. EXECUTIVE SESSION At 8:35 p.m. Mayor Coppola recessed the meeting for a ten-minute executive session regarding personnel matters: collective bargaining agreements, in accordance with RCW 42.30.110(1)(a). City Attorney Jacoby and Public Works Director Dorsey were invited to attend and the Mayor announced that action would be taken as a result of the executive session. At 8:45 p.m. Mayor Coppola reconvened the meeting. 8. BUSINESS ITEMS A. Adoption of Resolution No. 106-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Public Works Employees Assistant City Attorney Luxenberg reported that the City’s Public Works Employees and the Teamsters Local 589 have reached an agreement and recommended the Council adopt Resolution No. 106-09. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 106-09, authorizing the Mayor to execute a Collective Bargaining Agreement with Teamsters Local 589 for Public Works Employees. Upon vote, the motion passed unanimously. B. Adoption of Resolution No. 107-09, Authorizing the Mayor to Execute a Collective Bargaining Agreement with Teamsters Local No. 589 for Municipal Court Employees Assistant City Attorney Luxenberg reported that the City’s Public Works Employees and the Teamsters Local 589 have reached an agreement and recommended the Council adopt Resolution No. 106-09. Minutes of October 27, 2009 Page 4 of 8 Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 107-09, authorizing the Mayor to execute a Collective Bargaining Agreement with Teamsters Local 589 for Municipal Court Employees. Upon vote, the motion passed unanimously. C. Adoption of Resolution No. 098-09, Authorizing the Mayor to Execute a Contract for City Hall, Library, Public Works Shop, and Active Club Janitor Services with ABM Janitorial At the October 13, 2009, meeting, staff was directed to contact Susan Perry, Representative for ABM Janitorial, about extending the 2009 contract from October 31, 2009 to December 31, 2009, at the current contract monthly price. Ms. Perry has agreed to extend the 2009 contract as outlined above and to start the new contract effective January 1, 2010 and expiring December 31, 2010. This will allow the Council adequate time to incorporate any funding increases into future annual budgets. Staff recommends the Council postpone the adoption of Resolution No. 098-09, authorizing the Mayor to execute a contract with ABM Janitorial to the December 8, 2009, meeting. Councilmember Powers MOVED and Councilmember Colebank seconded the motion to postpone Resolution No. 098-09, authorizing the Mayor to execute a contract for Janitorial Services with ABM Janitorial Services to the December 8, 2009, City Council meeting. Upon vote, the motion passed unanimously. D. Adoption of Resolution No. 101-09, Authorizing the Mayor to Execute a Contract for the Mosquito Fleet Trail Bay Street Enhancement Project with N.L. Olson & Associates, Inc. On August 21, 2009, the City of Port Orchard Public Works Department issued the Request for Proposal (RFP) for the Bay Street Pedestrian Enhancement Project STPE-0166 (008) Plans, Specifications & Estimate (PS&E) and Permitting. On September 17, 2009, the Public Works Department held interviews with three (3) consulting firms which had submitted Requests for Proposals (RFP’s). The firms interviewed were HDR Engineering, Inc., KPFF Consulting Engineers, and N.L. Olson & Associates, Inc. The contract is for plans, specifications, cost estimate, and environmental permitting of a one-mile segment of pedestrian path adjacent to Sinclair Inlet. The Interview Committee ranked the three firms based on qualifications from both the RFP and interviews and selected N.L. Olson & Associates, Inc. On September 21, 2009 City Staff obtained approval from Washington State Department of Transportation (WSDOT) Highway’s and Local Program’s Office to proceed with a contract for the design and permitting with N.L. Olson & Associates. Public Works Staff then met with N.L. Olson & Associates on September 30, 2009 to define project scope and budget. Staff recommends that the City Council authorize the Mayor to execute a contract with N.L. Olson & Associates, Inc. in an amount not to exceed $287,701.17 for the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project. Councilmember Olin MOVED and Councilmember Childs seconded the motion to adopt Resolution No. 101-09, authorizing the Mayor to execute a contract for the Mosquito Fleet Trail Bay Street Pedestrian Enhancement Project with N.L. Olson & Associates, Inc. in an amount not to exceed $287,701.17. Upon vote, the motion passed unanimously. Minutes of October 27, 2009 Page 5 of 8 E. Adoption of Resolution No. 102-09, Authorizing the Mayor to Execute a Contract for the Well No. 8 Chlorination System Replacement/Upgrade Project with Whitney Equipment Co. The City of Port Orchard Public Works Department selected two (2) qualified contractors from the 2009 Small Works Roster and requested proposals from each company for the needed replacement/upgrade to the Well No. 8 Chlorination System. The project will replace the old B-6 unit with a new T-6 unit, similar to what was recently installed at Well No. 9. The following bids were submitted: Whitney Equipment Co. $19,932.44 (incl. tax) Pump Tech, Inc. $32,362.80 (incl. tax) Upon review by staff, it was determined that Whitney Equipment Co. was the lowest qualified bidder, with a bid of $19,932.44 (including tax). Staff recommends that the City Council adopt Resolution No. 102-09, thereby authorizing the Mayor to execute a contract with Whitney Equipment Co. in an amount not to exceed $19,932.44, for the replacement/upgrade project to the Well No. 8 Chlorination System. Councilmember Childs MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 102-09, thereby authorizing the Mayor to execute a contract for the replacement/upgrade project to the Well No. 8 Chlorination System with Whitney Equipment Co. in an amount not to exceed $19,932.44. Upon vote, the motion passed unanimously. F. Adoption of Resolution No. 103-09, Authorizing the Mayor to Execute Contract Amendment No. 2 for Janitorial Services with ABM Janitorial At the October 13, 2009, meeting, staff was directed to contact Susan Perry, Representative for ABM Janitorial, about extending the 2008-2009 contract expiration dates from October 31, 2009 to December 31, 2009. Ms. Perry has agreed to extend the contract expiration date as noted above. Contract Amendment No. 1, dated September 24, 2008, extended the contract one year; and all terms and conditions set forth in the original contract dated October 31, 2007, between the parties, shall remain in full force and effect until the expiration date of December 31, 2009. Staff recommends the Council adopt Resolution No. 103-09, authorizing the Mayor to execute Contract Amendment No. 2 extending the contract expiration date to December 31, 2009, with ABM Janitorial Services. Councilmember Putaansuu MOVED and Councilmember Colebank seconded the motion to adopt Resolution No. 103-09, authorizing the Mayor to execute Contract Amendment No. 2 extending the contract expiration date to December 31, 2009, with ABM Janitorial Services. Upon vote, the motion passed unanimously. G. Adoption of Resolution No. 105-09, Authorizing the Mayor to Execute an Interlocal Agreement for Reimbursable Work Performed with Kitsap County Department of Public Works Minutes of October 27, 2009 Page 6 of 8 In June of 1995, the City entered into an Interlocal Agreement with Kitsap County for reimbursable work performed by the County’s public works department. The purpose of the Interlocal Agreement is to allow the City to request that certain work be performed by the County’s Public Works Department. For instance, the City has in the past contracted with the County to provide road striping on certain City streets. The proposed agreement is essentially the same; however, there are minor differences – the most notable is the City is no longer allowed to obtain the use of equipment from Kitsap County Public Works Department for specific projects and that the County will perform the requested work at their convenience. The Public Works Director has reviewed the above noted differences and would request the Mayor be authorized to enter into an Interlocal Agreement for reimbursable work performed by Kitsap County Public Works. Staff recommends adoption of Resolution No. 105-09, authorizing the Mayor to execute an Interlocal agreement for reimbursable work performed by Kitsap County Public Works. Councilmember Colebank MOVED and Councilmember Putaansuu seconded the motion to adopt Resolution No. 105-09, authorizing the Mayor to execute an Interlocal agreement for reimbursable work performed by Kitsap County Public Works Department in a form approved by the City Attorney. Upon vote, the motion passed unanimously. H. Approval of Public Event Application: Festival of Chimes and Lights City Clerk Kirkpatrick presented the staff report, noting that the Festival of Chimes and Lights is in its eleventh year of ringing in the holiday season. With the help of numerous organizations, the Committee successfully plans a family event for residents and visitors alike in downtown Port Orchard. This year the Festival will be held on Saturday, December 5, 2009, from 4:00 p.m. to 8:00 p.m. Events, closures, set-up and takedown will be coordinated with Public Works and Police Departments. Councilmember Clauson MOVED and Councilmember Colebank seconded the motion to approve the application for Public Event for the Festival of Chimes and Lights. Upon vote, the motion passed unanimously. I. Adoption of Resolution No. 099-09, Authorizing the Mayor to Execute a Contract to Provide Sound System during the Festival of Chimes and Lights with Gordon Sound Production City Clerk Kirkpatrick presented the staff report, noting Gordon Sound Production has provided the sound system for the Tree Lighting Ceremony and the various choirs during the Festival of Chimes and Lights. Councilmember Childs MOVED and Councilmember Powers seconded the motion to adopt Resolution No. 099-09, authorizing the Mayor to execute a contract to provide the sound system during the Festival of Chimes and Lights to be held on Saturday, December 5, 2009, with Gordon Sound Production in an amount not to exceed $600. Upon vote, the motion passed unanimously. Minutes of October 27, 2009 Page 7 of 8 J. Discussion: Storm Utility Penalty for Reimbursement Public Works Director Dorsey explained that the Utility Committee recommended staff bring forward a request to Council to waive penalties related to seven storm utility accounts. Councilmember Putaansuu MOVED and Councilmember Powers seconded the motion to waive penalties for seven accounts with credit for penalties to be applied to future stormwater utility billing and for staff to bring forward a resolution at the November 10, 2009, meeting. Upon vote, the motion passed unanimously. 10. COMMITTEE REPORTS Councilmember Powers reported the Public Property Committee met to discuss a street vacation request and leaning trees at Givens. Councilmember Childs reported on the Tourism Committee, noting that they are working on the Festival of Chimes and Lights, which is moving right along. Councilmember Colebank reported the South Kitsap Skate Park Association will hold a fundraiser on October 30 and 31, 2009, at Moon Dogs II to raise funds for the skate park at Jackson and Lund. He also filled in for the Mayor at the Sidney Glen Elementary School for their after school program. 11. MAYOR’S REPORT Mayor Coppola thanked the Department Directors for their hard work on their respective budgets, noting they all did a great job. He reported on the following: • Attended meetings with Kitsap County Consolidated Housing Authority’s search committee for new Executive Director; • Attended a meeting in Olympia with Christina Reeves from Senator Murray’s office regarding funding for parking garage, with Development Director Weaver; and • Had lunch with Kris Tompkins, former City Treasurer, regarding her final perfect audit. 12. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported the pre-design for Well No. 10 is near completion and working to get NEPA approval for the Bay Street Seawall for start of construction in 2010. 9. CITIZENS COMMENTS Gerry Harmon voiced her concerns with the expense of a new parking garage, noting that a different location where the garage could be above ground would be less expensive to the City and its residents. 13. ADJOURNMENT At 9:41 p.m. Mayor Coppola adjourned the meeting. Minutes of October 27, 2009 Page 8 of 8 Patricia J. Kirkpatrick, CMC, City Clerk Lary Coppola, Mayor Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: November 10, 2009 Adopted: November 10, 2009 RESOLUTION NO. 109-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING A ONE-TIME CREDIT FOR 2009 STORM DRAINAGE UTILITY ASSESSED PENALTIES WHEREAS, on October 14, 2008, the City of Port Orchard City Council adopted Ordinance No. 036-08, thereby establishing a storm drainage utility and fund and creating a new POMC Chapter 13.06 with service charges effective January 1, 2009; and WHEREAS, on November 25, 2008, the City of Port Orchard City Council adopted Ordinance No. 037-08, thereby establishing billing rates for the City’s storm drainage utility (POMC 13.06); and WHEREAS, on February 24, 2009, the City of Port Orchard City Council adopted Resolution No. 005-09, thereby allowing commercial property owners the ability to submit for a Storm Drainage Utility Rate Variance Request, by providing proof that their actual percentage of impervious surface was less that the assumed 85%; and WHEREAS, on July 28, 2009, the City of Port Orchard City Council adopted Ordinance No. 020-09, thereby establishing a temporary credit retroactive to January 1, 2009 for those commercial property owners that submitted and received approval of a Storm Drainage Utility Rate Variance Request; and WHEREAS, pursuant to Utility Committee recommendation, on October 27, 2009, the Port Orchard City Council directed staff to prepare a one-time credit of the 2009 storm drainage utility assessed penalties for the commercial property owners listed as follows: Mark Danielsen $ 50.63 Pottery III, LLC $ 9.30 Briarkirk $295.87 First Baptist Church $ 44.90 Heritage Trailer Court $142.80 Fred Karakas $ 28.70 Jacob & Kyung Jung $ 53.90 $626.10 Total Resolution No. 109-09 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Port Orchard City Council hereby authorizes a one-time credit for the 2009 Storm Drainage Utility assessed penalties for the commercial property owners listed within this Resolution. 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 10th day of November 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Date Prepared:9/4/2020 10/20/2009 Property Owner Account #Address Penalty Amount Date Applied Applicable Billing for Penalty Applied # Estimated ISU's # Approved ISU's Date Submitted Rate Variance Mark Danielsen 0204 1103 (E - H) Portland Ave.6.30 5/5/2009 3/31/2009 3 2 5/1/2009 44.33 9/1/2009 7/31/2009 Pottery III, LLC currently owned by Horizon Bank 1037 1914 Pottery Ave.9.30 5/5/2009 3/31/2009 12 3 10/5/2009 Briarkirk (Ron Rice)1065 375 Sedgwick Rd.127.34 5/5/2009 3/31/2009 64 8 6/9/2009 138.53 7/1/2009 5/31/2009 10.00 7/13/2009 5/31/2009 20.00 7/16/2009 5/31/2009 First Baptist Church 1672 2308 Sidney Ave.44.90 7/1/2009 5/31/2009 32 19 4/29/2009 Heritage Trailer Court 1821 290 Granat St.142.80 5/5/2009 3/31/2009 68 8 5/4/2009 Fred Karakas 0586 738-744 Bay St.28.70 10/1/2009 8/31/2009 3 2 3/17/2009 Jacob & Kyung Jung 0733 510 Dekalb St.53.90 6/1/2009 4/30/2009 6 2 6/15/2009 626.10Total Penalties The penalties applied include storm & water/sewer penalties. The dates of approved rate variances reflect that most are not due to a wait on approval for a rate variance request. Original Document Date: 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: November 10, 2009 Subject: Adoption of Resolution No. 109-09, Prepared by: Mark R. Dorsey, P.E. Authorizing a One-Time Credit Public Works Director For 2009 Storm Drainage Utility Atty Routing No: NA Assessed Penalties Atty Review Date: NA Summary: On October 14, 2008, the Port Orchard City Council adopted Ordinance No. 036-08, thereby establishing 1) a storm drainage utility; 2) a utility fund; and 3) creating a new POMC Chapter 13.06, with service charges effective January 1, 2009. On November 25, 2008, Council adopted Ordinance No. 037- 08, thereby establishing billing rates for the City’s storm drainage utility. On February 24, 2009, Council adopted Resolution No. 005-09, thereby allowing commercial property owners the ability to submit for a Storm Drainage Utility Rate Variance Request by providing proof that their actual percentage of impervious surface was less than the assumed 85 percent. On July 28, 2009, City Council adopted Ordinance No. 020-09, thereby establishing a temporary credit retroactive to January 1, 2009 for those commercial property owners that submitted and received approval of a Storm Drainage Utility Rate Variance Request. Pursuant to the Utility Committee’s recommendation on October 27, 2009, the City Council directed staff to prepare a “one-time credit” of the 2009 storm drainage utility assessed penalties for the commercial property owners in the amounts listed as follows: Mark Danielsen $ 50.63 Pottery III, LLC $ 9.30 Briarkirk $295.87 First Baptist Church $44.90 Heritage Trailer Court $142.80 Fred Karakas $28.70 Jacob & Kyung Jung $ 53.90 Recommendation: Staff recommends that the City Council adopt Resolution No. 109-09, thereby authorizing a one-time credit of the 2009 storm drainage utility assessed penalties for the commercial property owners listed above. Motion for consideration: I move to adopt Resolution No. 109-09, thereby authorizing a one-time credit of the 2009 storm drainage utility assessed penalties for the commercial properties: Mark Danielsen in the amount of $50.63; Briarkirk in the amount of $295.87; Heritage Trailer Court in the amount of $142.80; Jacob & Kyung Jung in the amount of $53.90; Pottery III, LLC in the amount of $9.30; First Baptist Church in the amount of $44.90; and Fred Karakas in the amount of $28.70. Fiscal Impact: A total credit of $626.10 will come from the 2009 Strom Drainage Utility Budget. Alternatives: Do not adopt Resolution No. 109-09. Attachments: Resolution No. 109-09 Penalty Summary PROCLAMATION WHEREAS, mental illnesses are biologically-based brain disorders that disrupt the way a person thinks and feels, of which over 37,000 people will be diagnosed with pancreatic cancer this year in the United States and over 34,000 will die from the disease; and WHEREAS, pancreatic cancer is the deadliest cancer and the fourth leading cause of cancer death in the United States and approximately 710 deaths will occur in Washington State of which, 75 percent of pancreatic cancer patients die within the first year of their diagnosis and 95 percent of pancreatic cancer patients die within the first five years; and WHEREAS there is no cure for pancreatic cancer and there have been no significant improvements in early detection, treatment methods, or survival rates in the last 30 years and when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and the average life expectancy of those diagnosed with metastasis disease is only three to six months; and WHEREAS incidence of pancreatic cancer is 20 to 30 percent higher in men than in women and 40 to 50 percent higher in African Americans than in other ethnic groups; and WHEREAS the Federal Government invests less money in pancreatic cancer research than it does in any of the other leading cancer killers; and WHEREAS the good health and well-being of the residents of Port Orchard are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; and WHEREAS the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Port Orchard and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS the Pancreatic Cancer Action Network and its affiliates in Port Orchard support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, designate the month of November as PANCREATIC CANCER AWARENESS MONTH in the City of Port Orchard and I call upon all employees and citizens of the City of Port Orchard to observe this month with appropriate recognition whereof. Signed the 10th day of November 2009 ______________________________ Lary Coppola, Mayor PROCLAMATION WHEREAS, in July of 2009, Delilah Rene called upon a team of local volunteers to begin coordinating the “Paint the Town” event, which was held on August 1-2, 2009; and WHEREAS, on August 1, 2009, over 350 volunteers showed their support by prepping buildings and on August 2, 2009, over 250 volunteers participated in the actual “Painting the Town” event; and WHEREAS, Delilah Rene shopped local and at her expense supplied the majority of the 1,140 gallons of paint used for the downtown business buildings; and WHEREAS, Delilah Rene worked closely with local businesses and volunteers: Ms. Annalee Todd, Mr. Robert Baglio, Ms. Heather Cole, Ms. Leah Wattree, and Mr. Scott McClendon coordinating professional painters, painting materials, and design elements for this event; and WHEREAS, Delilah Rene met with local community leaders and groups to facilitate any issues that arose to ensure each building owner and merchants were heard in regards to the color palette, as well as the coordination of the event; and WHEREAS, Delilah Rene put in hundreds of hours and thousands of dollars of her own money to ensure the downtown beatification would be ready for the Cedar Cove Days event; and WHEREAS, Delilah Rene was the driving force that brought the much needed attention of a newly painted town; and NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, designate August 2, 2009, as “Delilah Rene 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 this 10th day of November 2009, ___________________________ Lary Coppola, Mayor PROCLAMATION WHEREAS, mental illnesses are biologically-based brain disorders that disrupt the way a person thinks and feels, of which over 37,000 people will be diagnosed with pancreatic cancer this year in the United States and over 34,000 will die from the disease; and WHEREAS, pancreatic cancer is the deadliest cancer and the fourth leading cause of cancer death in the United States and approximately 710 deaths will occur in Washington State of which, 75 percent of pancreatic cancer patients die within the first year of their diagnosis and 95 percent of pancreatic cancer patients die within the first five years; and WHEREAS there is no cure for pancreatic cancer and there have been no significant improvements in early detection, treatment methods, or survival rates in the last 30 years and when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and the average life expectancy of those diagnosed with metastasis disease is only three to six months; and WHEREAS incidence of pancreatic cancer is 20 to 30 percent higher in men than in women and 40 to 50 percent higher in African Americans than in other ethnic groups; and WHEREAS the Federal Government invests less money in pancreatic cancer research than it does in any of the other leading cancer killers; and WHEREAS the good health and well-being of the residents of Port Orchard are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; and WHEREAS the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Port Orchard and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS the Pancreatic Cancer Action Network and its affiliates in Port Orchard support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, designate the month of November as PANCREATIC CANCER AWARENESS MONTH in the City of Port Orchard and I call upon all employees and citizens of the City of Port Orchard to observe this month with appropriate recognition whereof. Signed the 10th day of November 2009 ______________________________ Lary Coppola, Mayor PROCLAMATION WHEREAS, in July of 2009, Delilah Rene called upon a team of local volunteers to begin coordinating the “Paint the Town” event, which was held on August 1-2, 2009; and WHEREAS, on August 1, 2009, over 350 volunteers showed their support by prepping buildings and on August 2, 2009, over 250 volunteers participated in the actual “Painting the Town” event; and WHEREAS, Delilah Rene shopped local and at her expense supplied the majority of the 1,140 gallons of paint used for the downtown business buildings; and WHEREAS, Delilah Rene worked closely with local businesses and volunteers: Ms. Annalee Todd, Mr. Robert Baglio, Ms. Heather Cole, Ms. Leah Wattree, and Mr. Scott McClendon coordinating professional painters, painting materials, and design elements for this event; and WHEREAS, Delilah Rene met with local community leaders and groups to facilitate any issues that arose to ensure each building owner and merchants were heard in regards to the color palette, as well as the coordination of the event; and WHEREAS, Delilah Rene put in hundreds of hours and thousands of dollars of her own money to ensure the downtown beatification would be ready for the Cedar Cove Days event; and WHEREAS, Delilah Rene was the driving force that brought the much needed attention of a newly painted town; and NOW, THEREFORE, I, Lary Coppola, Mayor of the City of Port Orchard, designate August 2, 2009, as “Delilah Rene 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 this 10th day of November 2009, ___________________________ Lary Coppola, Mayor Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: November 10, 2009 Adopted: November 10, 2009 ORDINANCE NO. 025-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, SETTING THE AMOUNT OF PROPERTY TAXES TO BE LEVIED FOR THE YEAR 2010, INCLUDING ADMINSTRATIVE REFUNDS WHEREAS, the City of Port Orchard, with a population over Ten Thousand (10,000), retains the ability to raise property taxes up to one percent (1%) per year with a finding of Substantial Need plus all or a portion of property tax levy capacity that has been banked for future use pursuant to RCW 84.55.092. WHEREAS, RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts, including but not limited to those resulting from new construction, annexation, state assessed utilities, and improvements to property; and WHEREAS, under RCW 84.55.005(2)(c), the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation; and WHEREAS, RCW 84.55.005(1) defines “inflation” as the percentage changed in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent 12-month period by the Bureau of Economic Analysis of the U.S. Department of Commerce in September of the year before the taxes are payable; and WHEREAS, based on the U.S. Department of Commerce’s September publication, “inflation” for the most recent twelve month period (July 2009) is minus ( - ) 0.848 percent and therefore the limit factor is 99.152 percent, meaning the taxes levied in the City of Port Orchard in 2009 for collection in 2010 will decrease except for the amounts resulting from new construction, improvements to property, and other amounts allowed by statute; and WHEREAS, notice was given for the annual public hearing on revenue sources held Ordinance No.025-09 Page 2 of 3 on October 27, 2009 to consider the City of Port Orchard’s current expense and street budget for the 2010 calendar year pursuant to RCW 84.55.120; and WHEREAS, the City Council, after a public hearing and after duly considering all relevant evidence and testimony presented, has determined that the City of Port Orchard should collect the maximum amount of property tax allowed for the year 2009 for collection in 2010, in addition to that resulting from the addition of new construction, improvements to property, annexations, other amounts allowed by statute, and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. There shall be and hereby is levied on all real, personal and utility property, whose estimated assessed valuation is one billion one hundred sixty-seven million, twenty one thousand eight hundred eighty-six dollars (1,167,021,886), current taxes for the year commencing January 1, 2010, at the approximate rate of $2.15 per thousand dollars of assessed valuation. The regular property tax levy for collection in 2010 is approximately one million six hundred forty-nine thousand six hundred forty four dollars ($1,649,644), plus an additional dollar amount, of approximately eight hundred sixty-five thousand three hundred ninety-two dollars ($865,392), equal to the amount allowed under the new construction, improvements to property, any increase in the value of state-assessed property and annexations that have occurred, by provisions of RCW 84.55.010. The dollar amount of the increase over the actual levy amount from the previous year is approximately sixteen thousand three hundred thirty-seven dollars ($16,337), which is a one percent (1%) increase from the previous year. This increase is exclusive of new construction, improvements to property, any increase in the values of state assessed property and any annexations that have occurred. SECTION 2. In addition, the above amount for regular property tax levies there will be added administrative refunds of one thousand nine hundred ninety one dollars ($1, 991). SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. Ordinance No.025-09 Page 3 of 3 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 10th day of November 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: Gregory A. Jacoby, City Attorney Robert Putaansuu, 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: November 10, 2009 Subject: Adoption of Ordinance No. 025-09, Prepared by: Allan J. Martin Setting the Amount of Property Tax City Treasurer to be Levied for the Year 2010, Atty Routing No: 173-09 Including Administrative Refunds Atty Review Date: November 4, 2009 Summary: On October 27 2009, a public hearing on revenue sources for the current expense (general fund) budget was held. The hearing included a discussion on any increases in the property tax being considered. This ordinance reflects a 1% increase in property taxes from 2009. Below is a comparison of next year’s levy amount to this year’s levy amount. 2009 levy $1,633,307 2008 levy $1,543,671 1% increase 16,337 1% increase 15,437 New constructions 45,841 New constructions 50,190 Annexation 819,551 Annexation 14,508 Total Taxes $2,515,036 Total Taxes $1,623,806 Refunds 1,991 Refunds 2,962 Total 2010 $2,517,027 Total 2009 $1,626,768 2010 levy rate 2.155089 calculates a tax of $215.51 on a house assessed value of $100,000. Recommendation: Finance Committee recommends approval of the ordinance. Motion for consideration: I move to adopt Ordinance No. 025-09, setting the 2010 property tax levy and the amount of property taxes to be raised for the budget year of 2010. Fiscal Impact: The dollar amount of increase over the actual levy amount from the previous year is approximately $16,337, which is a one percent (1%) increase from 2009. Attachment: Ordinance No. 025-09 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: November 10, 2009 Subject: Adoption of Ordinance No. 026-09, Prepared by: Allan J. Martin Making a Declaration of Substantial City Treasurer Need for Purposes of Setting the Limit Atty Routing No 173-09 Factor for the Property Tax Levy for Atty Review Date: November 4, 2009 2010 Summary: The amount of property tax cities can collect is limited. Cities with a population over 10,000 are limited to an annual increase in the property tax of one percent or the rate of inflation, whatever is less. Inflation is defined as the percentage changed in the Implicit Price Deflator (IPD) for personal consumption expenditures for the United States as published for the most recent 12-month period by the Bureau of Economic Analysis of the Federal Department of Commerce in September of the year before the taxes are payable. The IPD, which tracks the rate of inflation for our purposes, is a minus ( - ) 0.848 percent and the limit factor is 99.152. This year the negative rate of inflation is the limiting factor. The City legislative body may, with a finding of a “substantial need,” pass an ordinance or resolution by a majority plus one of the council to raise the limit to 101%. “Substantial need” is not defined in statute leaving broad definitional discretion to the City Council. The ordinance sets the limit at 101%. The passage of this ordinance results in the collection of approximately $16,337 property tax. Which translates to approximately 0.013996 (1¢) per thousand of assessed valuation. RCW 84.55.0101 requires a finding of substantial need by two – thirds of the members when the board consists of four members or less, or a majority plus one approval of the board when the board consists of more than four members. Recommendation: Finance Committee recommends approval of the ordinance. Motion for consideration: I move to adopt Ordinance No. 026-09, making a declaration of substantial need for purposes of setting the limit factor for property tax levy for 2010 be raised for the budget year of 2010. Fiscal Impact: The dollar amount of increase over the actual levy amount from the previous year is approximately $16,337, which is a one percent (1%) increase from 2009. Attachment: Ordinance No. 026-09 Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: November 10, 2009 Adopted: November 10, 2009 ORDINANCE NO. 026-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR AT 101% FOR THE PROPERTY TAX LEVY FOR 2010 WHEREAS, the City of Port Orchard’s population is over Ten Thousand (10,000); and WHEREAS, pursuant to RCW 84.55.010 and 84.55.005(2)(c), the City Council previously adopted an Ordinance setting the amount of property taxes to be levied for the year 2010; and WHEREAS, RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts, including but not limited to those resulting from new construction, annexation, and improvements to property; and WHEREAS, “inflation” as defined by RCW 84.55.005 is minus ( - ) 0.848 percent and the limit factor is 99.152 percent, meaning the taxes levied in the City of Port Orchard in 2009 for collection in 2010 will decrease except for the amounts resulting from new construction, annexation, improvements to property, and other amounts allowed by statute; and WHEREAS, RCW 84.55.005(2)(b) and 84.55.0101 provide for use of an alternative limit factor of 101 percent or less with a finding of substantial need by a majority plus one approval of the City Council; and WHEREAS, the Port Orchard City Council has determined that, due to the combined factors of increased cost of operations, a reduction in sales tax receipts, and the desire to provide an adequate level of City services within the constraints of economic conditions currently prevailing, there is a substantial need to set the levy limit at 101% in the event this levy capacity is needed in future years; now, therefore, Ordinance No.026-09 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. For the reasons set forth above, a finding is made of substantial need under RCW 84.55.0101, and therefore a limit factor of 101% shall be used for the property tax levy for 2010. SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by a majority, plus one of the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 10th day of November 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: Gregory A. Jacoby, City Attorney Robert Putaansuu, Councilmember Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: November 10, 2009 Adopted: November 10, 2009 RESOLUTION NO. 110-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON ADOPTING THE JOB DESCRIPTION AND ESTABLISHING A STEP SYSTEM SCHEDULE FOR THE POSITION OF ENGINEERING TECHNICIAN II WHEREAS, it is necessary for the city to periodically review the duties and responsibilities of all employment positions, and WHEREAS, the employment position of Engineering Technician II was proposed as an addition to the Public Works/Engineering Department because of increased work load, and WHEREAS, the job description as attached hereto as Exhibit A and the salary step schedule as set forth below have been reviewed by the Finance Committee and are respectfully submitted with a recommendation for approval, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Effective October 27, 2009, the attached job description (Exhibit A) is provided for the position of Engineering Technician II. THAT: Entry on the salary step schedule is subject to experience level. Advancement through these steps is not to be considered automatic, but will be subject to satisfactory job performance: HOURLY RATE After 5 Years of Employment $29.66 After 4 Years of Employment $28.82 After 3 Years of Employment $27.97 After 2 Years of Employment $27.12 After 1 Year of Employment $26.27 After 6 Months of Employment $25.42 First 6 Months of Employment $24.58 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 10th day of November 2009. Lary Coppola, Mayor ATTEST: Resolution No. ______ Page 2 of 2 Patricia J. Kirkpatrick, CMC, City Clerk JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 1 OF 5 CCIITTYY OOFF PPOORRTT OORRCCHHAARRDD JJOOBB DDEESSCCRRIIPPTTIIOONN Job Title: Engineering Technician II FLSA: Non-Exempt Civil Service: Exempt Department: Public Works Department Reports To: Assistant City Engineer The Engineering Technician II shall report to and serve under the direction of the Director of Public Works/City Engineer and the Assistant City Engineer. Attendance at evening or weekend meetings or other off-duty events may be required. May also be called back to work before or after regularly scheduled work hours or on scheduled days off. Major Function and Purpose The primary responsibilities will require aiding the Engineers with Storm Water Compliance with the National Pollution Discharge Elimination System (NPDES) Permit, GIS and Auto CAD mapping and drafting and some plan review. General Function This person performs technical office and field work in the field of civil engineering. Duties include the review of development plans for conformity with applicable City standards, coordination activities associated with the City’s storm water management program. Performs a variety of functions relating to input, retrieval and updating GIS for both storm water, sanitary sewer, and water systems and is responsible for the development and maintenance of databases which aid in the scheduling and tracking for various storm water, sanitary sewer, and water systems maintenance activities. Additionally, this person performs some AutoCAD drafting. Supervision Responsibilities None Job Duties & Responsibilities Under direction of the Assistant City Engineer, the Engineering Technician II will perform technical civil engineering duties related to City development activities including utility systems, reservoirs, treatment plants, public buildings, streets, and other projects as assigned; Prepares and updates engineering drawings, maps of utility systems and graphic displays, plans and specifications; manage contract services; and respond to questions and inquiries from the general public, developers, contractors, engineering professionals, and City staff regarding engineering and development projects. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 2 OF 5 REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices. 1. Conduct field investigations necessary to verify the accuracy of maps developed in the GIS. Inspect and recommend maintenance necessary to ensure proper performance of City maintained storm water facilities. Inspect catch basins, system inlets and outlets, oil separators, retention/detention ponds, tanks and vaults, bio filtration systems and other storm water facilities. Evaluate system efficiency and identify maintenance needs. 2. Collect field data on constructed and natural drainage systems for input into an electronic mapping system and component data base. Develop and produce generated, multi layer topographic and storm water or sanitary sewer maps using GIS and CAD software. 3. Inspect privately owned and maintained storm water facilities to determine if storm water facilities conveyance structures and water quality facilities are functioning properly and that non-point source pollution control is implemented. 4. Coordinate with Code Enforcement and/or the Assistant City Engineer regarding warning letters or notices of violation to owners of private systems that are out of compliance with the storm water management ordinance. 5. Track maintenance schedules and the activities performed by storm water, sanitary sewer, and water system maintenance crews, and manage information, routinely using computers to develop detailed scheduling and status reports. 6. Prepare basic drafts of plans, specification and cost estimates for City utility and street construction projects from conceptual design through construction. 7. Independently perform basic CAD drafting to assist with development, design, and construction of public work projects and other related drafting tasks. 8. Prepare and maintain City street, sewer and water records; makes preliminary studies of existing water and sewer systems, to develop comprehensive plans including alternative analysis for project development. 9. Coordinates with management staff regularly on projects and provides technical assistance to maintenance operations. 10. Responds to questions and inquiries from the general public, developers, contractors, engineering professionals, and City staff regarding engineering and development projects. 11. Work closely with representative of other departments and agencies to ensure enforcement of the City ordinance and Department of Ecology storm water management standards. 12. Assists the Public Works Director/City Engineer and Assistant City Engineer in coordinating the activities of the division. 13. Performs related duties as required. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 3 OF 5 Knowledge, Skills and Abilities Knowledge of: Basic civil engineering principals, practices and mathematics, Basic hydrological and hydraulic principals. Basic elements and procedure related to roadway and drain system construction, operation and maintenance. Current methods of surface water management including runoff quality enhancement. Interpreting plans specifications, drafting terminology and symbols, ordinances, regulatory documents, standards, maintenance manuals and construction manuals and application of these resources and regulations to work assignments. Methods and techniques of conducting site and field investigations. Principles and practices of business correspondence and technical report preparation. Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, databases, AutoCAD, GIS and other specialized engineering software programs. Pertinent federal, state, and local laws, codes, and regulations affecting civil engineering projects. Ability to: Gather and assimilate information from a broad range of resources. Develop easily understandable GIS maps for storm, sanitary sewer, and water systems. Effectively coordinate, manage, and track multiple project activities on several projects concurrently. Prepare clear and concise technical and administrative reports. Prepare, review, interpret, and analyze engineering plans, drawings, specifications, contract documents, and engineering reports for conformance to professional standards, contract obligations and approved budgets. Interpret and explain engineering projects to the business community and the general public. Understand, interpret, explain, and apply applicable federal, state, and local policies, laws, and regulations. Perform technician level computations in engineering. Conduct site inspections and monitor project progress. Provide technical assistance to other division, department and City staff regarding assigned engineering issues and problems. Operate office equipment including computers and applicable software applications such as word processing, spreadsheets, databases and specialized engineering software programs. Evaluate the condition of Public Works facilities and devise solutions to problems. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Prepare/plot AutoCAD drawings under the supervision of the Public Works Director/City Engineer and/or the Assistant City Engineer. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 4 OF 5 Working Conditions The Engineering Technician II may work either indoors or outdoors as required. The employee must be capable of working in confined spaces, on ladders, inclines and/or in noisy work areas. He/she may be exposed to extremes in temperature, chemicals or noxious fumes, and to insect stings. The Engineering Technician II may be required to walk in, or around construction sites to perform the essential functions of the position. Exposure to hazards is commonplace. Among the hazards encountered are dampness, direct sunlight, communicable disease, dust, pollen, epoxy chemicals, machinery or its moving parts, cleaning fluids, chemicals, pesticides, insecticides, paints, cleaning agents or similar solutions, insect stings, liquid chemicals, noisy work area, noxious odors, fumes or chemicals, and smoke. Hazardous areas may be encountered, including open ditches, vaults, manholes, heavy machinery, hazardous gases, excessive noise, and vehicle traffic. Protective clothing may be required in the performance of some job duties. Contacts and Relationships The Technical Engineer II may have frequent contact with City elected officials, state, county and municipal government officials, and outside consultants, auditors and other business-related individuals or agencies. In the normal course of business the Engineering Technician will have contact with other Public Works employees, contractors, other city personnel and the public. These contacts involve a wide variety and range of purpose, including the need to provide or collect information, coordinate projects or activities and to solve or negotiate solutions to problems. Communication may be either by telephone, in person or through written message. Physical Requirements The Technical Engineer II must have the overall stamina and ability to perform moderate to strenuous physical activity, including the ability to stand or walk for extended periods of time, traversing rough terrain, working in or over water, working at heights or on scaffolding, and lifting or carrying up to 50 pounds. Job requirement may include the ability to climb up to 20 feet off the ground; bend and/or work in tight or confined areas. The incumbent must be able to hear alarms and have the ability to audibly identify the presence of a danger or hazard. Must have the ability to sit at a desk and operate a computer for extended periods of time as necessary to complete work responsibilities. Desired Minimum Qualifications Education and Experience: Associates of Arts degree in GIS or Civil Engineering Technology or Two years of progressively responsible technical engineering experience in roadway, storm drainage and/or underground utilities construction required; or any equivalent combination of experience and education that provides the applicant with the desired skill, knowledge and ability to perform the work. Previous technical engineering experience in the operation or inspection of storm water facilities is preferred. Special Requirements: Possession of or the ability to obtain within one (1) month, a valid Washington State Driver’s License. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 5 OF 5 CAD experience Experience with application software including Word, EXCEL, and AutoCAD Hydrologic Computer Modeling preferable All city employees must successfully pass a pre-employment Drug Testing as prescribed by the City's Drug and Alcohol Testing Policy Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and requirements of the job change. 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: November 10, 2009 Subject: Adoption of Resolution No. 110-09, Prepared by: Mark Dorsey, P.E. Approving the Job Description and Public Works Director Step Schedule for an Engineering Atty Routing No: NA Technician II Atty Review Date: NA Summary: Due to the current work load of the Public Works/Engineering Department, and the importance of the City of Port Orchard’s role to meet Stormwater permit compliance, the need for a full-time Engineering Technician II is critical to the efficiency of the Public Works/Engineering Department. This person would be responsible for aiding the Engineers with Stormwater Compliance with the National Pollution Discharge Elimination System Permit, GIS and AutoCAD mapping and some plan review. At its November 6, 2009, meeting, the Finance Committee recommended approval of this job description for a full-time position within the Public Works/ Engineering Department. Recommendation: Staff recommends adoption of Resolution No. 110-09, approving the job description and step schedule for an Engineering Technician II position in the Public Works/Engineering Department. Motion for consideration: I move to adopt Resolution No. 110-09, approving the job description and step schedule for an Engineering Technician II position in the Public Works/Engineering Department. Fiscal Impact: In 2009 the City received a grant from the Department of Ecology to be used for the NPDES Permit compliance. This was for $50,000, no match required. Existing office furniture will be used for this position. There is an extra cell phone in the Public Works name that can be issued to this position, removing the cost for the phone. This position is funded through 10% Street, 80% Stormwater, 5% Sewer and 5% Water. Alternatives: Not approve this request Attachment: Resolution No. 110-09 Engineering Tech II Job Description Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: November 10, 2009 Adopted: November 10, 2009 RESOLUTION NO. 111-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON ADOPTING THE REVISED JOB DESCRIPTION FOR THE ASSISTANT CITY ENGINEER WHEREAS, it is necessary for the city to periodically review the duties and responsibilities of all employment positions, and WHEREAS, the employment position of Assistant City Engineer has been reviewed and based upon the proposed job duties and level of responsibility it is determined that it is appropriate to revised the job description for this position, and WHEREAS, the job description as attached hereto as Exhibit B as set forth below have been reviewed by the Finance Committee and are respectfully submitted with a recommendation for approval, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Effective October 27, 2009, the attached job description (Exhibit B) is provided for the revised job description of the Assistant City Engineer. THAT: No salary step increase is subject to change upon this revision. 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 10th day of November 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 1 OF 5 CCIITTYY OOFF PPOORRTT OORRCCHHAARRDD JJOOBB DDEESSCCRRIIPPTTIIOONN Job Title: Assistant City Engineer FLSA: Non-Exempt Civil Service: Exempt Department: Public Works Department Reports To: Public Works Director/City Engineer This position may be full or part time. The Assistant City Engineer shall report to and serve under the direction of the City Engineer. Attendance at evening or weekend meetings or other off-duty events may be required. May also be called back to work before or after regularly scheduled work hours or on scheduled days off. Major Function and Purpose The primary responsibilities will require plan review; coordination of private development construction projects; and responding to questions and inquiries from the general public, developers, contractors, engineering professionals and City staff regarding engineering and development projects. Additional responsibilities include construction management of City projects; office management of public works maps and files; and field inspections of private and public development projects. General Function This is a responsible, professional and administrative Level Engineering position providing assistance to the City Engineer in directing the Engineering activities of Public Works Department. This person is responsible for assisting the Public Works Director/City Engineer in planning, organizing, directing, coordinating and evaluating the work of this division. Duties include the plan review and coordination of private construction projects and design/construction administration of Capital Improvement Projects. Supervision Responsibilities The Assistant Engineer supervises the Engineering Technician II. Job Duties & Responsibilities Under direction of the City Engineer, the Assistant City Engineer will plan, organize, and manage engineering and construction management projects including design and construction of City public works facilities including streets, utility systems, reservoirs, treatment plants, public buildings, and other projects as assigned; prepare plans and specifications; perform engineering studies; manage contract services; and respond to questions and inquiries from the JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 2 OF 5 general public, developers, contractors, engineering professionals, and City staff regarding engineering and development projects. REPRESENTATIVE DUTIES The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices. 1. Reviews plans for plats and development projects; attends pre application and pre construction meetings between various City staff and developers to discuss the proposed project and communicate Public Works’ development requirements. 2. Conducts private development reviews within the City; reviews pre-application submittals; ensures compliance with City design standards, state regulations, and municipal codes; recommends plan approval to Public Works Director/City Engineer. 3. Coordinates, manages, and monitors progress of assigned projects and programs at all stages of development including capital improvement project construction of City public works facilities including streets, utility systems, reservoirs, treatment plants, public buildings, and other projects as assigned. 4. Sit in on interview board for hiring new personnel. 5. Directly supervises and coordinates the work assignments of the Engineering Technician II. 6. Conduct performance evaluations and oversee and coordinate workloads. 7. Serves as project manager for assigned projects from conception through implementation; develops requests for bids and awards projects; manages work of consulting engineers and public works contractors; meets with consultants and contractors to discuss City requirements; reviews plans; monitors project progress; inspects work to ensure compliance with plans and specifications; reviews and recommends approval of progress payments; recommends approval or denial of change order requests; prepares and presents final project approval recommendation to council; and closes contracts. 8. Manages consultant design contracts including responsibility for technical adequacy and financial control; and prepares reports as necessary. 9. Analyzes City infrastructure and formulates plans and/or projects to maintain effectiveness and economic operation. 10. Prepares cost/benefit analysis for plan/project alternatives and presents recommendations to management staff for approval. 11. Represents the City in regional transportation, stormwater, water and sewer utilities, and planning forums, and identifies potential project funding sources. 12. Responds to questions and inquiries from the general public, developers, contractors, engineering professionals, and City staff regarding engineering and development projects. 13. Conducts private development inspections to ensure compliance with approved engineering plans. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 3 OF 5 14. Performs engineering studies or manages consultants who perform studies of City infrastructure to develop comprehensive plans including alternative analysis for project development. 15. Coordinates with management staff regularly on projects and provides technical assistance to maintenance operations. 16. Coordinates with other City staff on completing Capital Improvement Projects; provides technical construction management support to other departments. 17. Prepares or oversees the preparation of plans and specifications for public works projects from conceptual design through construction. 18. Assist the Public Works Director/City Engineer in the preparation of the Engineering Division annual operating budget requests. 19. Monitors capital project expenditures against authorized budget limits to include design, construction, and staffing costs. 20. Attends and makes presentations at City Council meetings regarding assigned engineering projects. 21. Assists the Public Works Director/City Engineer in coordinating the activities of the division. 22. Performs related duties as required. Knowledge, Skills and Abilities Knowledge of: Modern and complex principles and practices of civil engineering, as applied to municipal public works projects. Principles and practices of project management and administration. Methods and techniques of contract negotiation and administration. Cost benefit analysis, planning and budget techniques. Principles and practices of project budget preparation and control. Methods, materials, and techniques used in civil engineering projects including those used in the design and construction of development projects. Methods and techniques of engineering plan review and analysis. Methods and techniques of conducting site and field investigations. Engineering maps and records. Principles and practices of business correspondence and technical report preparation. Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, databases and specialized engineering software programs. Pertinent federal, state, and local laws, codes, and regulations. Ability to: Coordinate, manage, and track multiple project activities on several projects concurrently. Prepare clear and concise technical and administrative reports. Prepare, review, interpret, and analyze engineering plans, drawings, specifications, contract documents, and engineering reports for conformance to professional standards, contract obligations and approved budgets. Interpret and explain engineering projects to the business community and the general public. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 4 OF 5 Understand, interpret, explain, and apply applicable federal, state, and local policies, laws, and regulations. Perform complex engineering computations. Conduct site inspections and monitor project progress. Prepare and negotiate fees and change orders. Provide technical assistance to other division, department and City staff regarding assigned engineering issues and problems. Operate office equipment including computers and applicable software applications such as word processing, spreadsheets, databases and specialized engineering software programs. Evaluate the condition of Public Works facilities and devise solutions to problems. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Working Conditions The Assistant City Engineer may work either indoors or outdoors as required. The employee must be capable of working in confined spaces, on ladders, inclines and/or in noisy work areas. He/she may be exposed to extremes in temperature, chemicals or noxious fumes, and to insect stings. The Assistant City Engineer may be required to walk in, or around construction sites to perform the essential functions of the position. Exposure to hazards is commonplace. Among the hazards encountered are dampness, direct sunlight, communicable disease, dust pollen, epoxy chemicals, machinery or its moving parts, cleaning fluids, chemicals, pesticides insecticides, paints, cleaning agents or similar solutions, insect stings, liquid chemicals, noisy work area, noxious odors, fumes or chemicals, and smoke. Hazardous areas may be encountered, including open ditches, vaults, manholes, heavy machinery, hazardous gases, excessive noise, and vehicle traffic. Protective clothing may be required in the performance of some job duties. Contacts and Relationships The Assistant City Engineer has frequent contact with City elected officials, state, county and municipal government officials, and outside consultants, auditors and other business-related individuals or agencies. This individual has occasion to work with the City Attorney on legal matters affecting the operations of the Public Works Department. In the normal course of business the Assistant City Engineer will have contact with other Public Works employees, contractors, other city personnel and the public. These contacts involve a wide variety and range of purpose, including the need to provide or collect information, coordinate projects or activities and to solve or negotiate solutions to problems. Communication may be either by telephone, in person or through written message. Physical Requirements The Assistant City Engineer must have the overall stamina and ability to perform moderate to strenuous physical activity, including the ability to stand or walk for extended periods of time, traversing rough terrain, working in or over water, working at heights or on scaffolding, and lifting or carrying up to 50 pounds. Job requirement may include the ability to climb up to 20 feet off the ground; bend and/or work in tight or confined areas. The incumbent must be able to hear alarms and have the ability to audibly identify the present of a danger or hazard. Must have the ability to sit at a desk and operate a computer for extended periods of time as necessary to complete work responsibilities. JOB DESCRIPTION: ASSISTANT CITY ENGINEER PAGE 5 OF 5 Desired Minimum Qualifications Education and Experience: Graduation from an accredited four-year college or university with a Bachelor’s Degree in Civil Engineering. Five (5) years of professional level civil engineering work experience of a municipal nature, with a minimum of one (1) year in a supervisory capacity; OR substituting graduate level course work or training in Civil Engineering or Engineering Management for up to one (1) year of the experience. Special Requirements: Possession of or the ability to obtain within one (1) year, registration as a Professional Engineer in the State of Washington. Possession of or the ability to obtain within one (1) month, a valid Washington State Driver’s License. CAD experience Experience with application software including Word, EXCEL, and AutoCAD Hydrologic Computer Modeling preferable All city employees must successfully pass a pre-employment Drug Testing as prescribed by the City's Drug and Alcohol Testing Policy Requirements outlined in this job description may be subject to modification to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who pose a direct threat or significant risk to the health and safety of themselves or other employees. This job description does not constitute an employment agreement between the Employer and employee and is subject to change as the needs of the Employer and requirements of the job change. 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: November 10, 2009 Subject: Adoption of Resolution No. 111-09, Prepared by: Mark Dorsey, P.E. Approving Changes to the Position Public Works Director of Assistant City Engineer Job Atty Routing No. NA Description Atty Review NA Summary: Based upon the current duties and level of responsibility in the supervision of the Engineering Technical II position it was determined appropriate to revise the following employee position: Assistant City Engineer The salary step schedule shall remain in effect. Recommendation: Approval of the revised job description to reflect direct supervision and coordination of the work assignments of the Engineering Technician II. Motion for consideration: I move to adopt Resolution No. 111-09, revising the Assistant City Engineer job description to reflect the increased job responsibility of supervision of the Engineering Technician II position. Fiscal Impact: None. Alternative: Maintain the current job description for the Assistant City Engineer and have the responsibility for the supervision of the Engineering Technician II to be directly reporting to the Director of Public Works and Engineering. Attachment: Resolution No. 111-09 Job Description Introduced by: Mark R. Dorsey, P.E. Requested by: Mark R. Dorsey, P.E. Drafted by: Andrea Archer, P.E. Introduced: November 10, 2009 Adopted: November 10, 2009 RESOLUTION NO. 112-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR PRO- TEMPORE TO SIGN THE CONTRACT EXTENSION WITH UNIVERSAL FIELD SERVICES, INC. WHEREAS, On November 18, 2007, the City of Port Orchard entered into a contract with Universal Field Services, Inc. for right-of-way acquisition for the Tremont Widening Project; and WHEREAS, the contract was extended in October 2008 to conclude by December 31, 2009, and due to the needs of this project, Universal’s contract needs to be extended to allow time to acquire the property required for the Tremont Widening Project; and WHEREAS, the contract expiration date needs to be extended from December 31, 2009 to December 31, 2011; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor Pro Tempore to execute supplement number 2 to extend the termination date of the contract between the City of Port Orchard and Universal Field Services, Inc. from December 31, 2009 to December 31, 2011. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor Pro- Tempore and attested by the Clerk in authentication of such passage this 10th day of November 2009. Carolyn Powers, Mayor Pro-Tempore 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 7E Meeting Date: November 10, 2009 Subject: Adoption of Resolution No. 112-09, Prepared by: Mark R. Dorsey, P.E. Authorizing the Mayor Pro-Tempore Public Works Director to Execute a Contract Extension for Atty Routing No: NA Tremont Widening Project with Atty Review Date: NA Universal Field Services, Inc. Summary: On November 18, 2007 the City of Port Orchard entered into a contract with Universal Field Services, Inc. for right-of-way acquisition for the Tremont Widening Project. The contract was extended in October 2008 to conclude by December 31, 2009. Due to the needs of this project, Universal’s contract needs to be extended to allow time to acquire the property required for the Tremont Widening Project. The contract extension needs to extend the contract from December 31, 2009 to December 31, 2011. Through this extension the City should be able to acquire and certify the right of way to reach construction. At the direction of the City Attorney, the Mayor Pro-Tempore should execute any extension to the contract due to potential conflicts of interest of the Mayor and/or City Councilmember Colebank who own property on Tremont. Recommendation: Staff recommends the Council authorize the Mayor Pro Tempore to execute Supplement No. 2, extending the termination date of the contract between the City of Port Orchard and Universal Field Services, Inc. from December 31, 2009 to December 31, 2011. Motion for consideration: I move to adopt Resolution No. 112-09, authorizing the Mayor Pro- Tempore to execute Supplement No. 2 extending the termination date of the contract between the City of Port Orchard and Universal Field Services, Inc. from December 31, 2009 to December 31, 2011. Fiscal Impact: None. Alternatives: Council has the option to refuse to enter into Supplement No. 2 with Universal Field Services, Inc., however this is not staff’s recommendation. Attachments: Resolution No. 112-09 Supplemental Agreement No. 2 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: November 10, 2009 Adopted: RESOLUTION NO. 113-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT FOR PURCHASING VARIOUS EQUIPMENT, SERVICES AND SUPPLIES WITH KITSAP COUNTY WHEREAS, previously the City and County entered into an Interlocal Agreement for purchasing of various equipment, supplies, and services with the County; and WHEREAS, the County and City desire to update this contract as set forth in the Interlocal Agreement attached hereto as Exhibit A; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Port Orchard City Council authorizes the Mayor to enter into an Interlocal agreement for purchasing various equipment, services and supplies that Kitsap County has competitively awarded by contract. 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 10th day of November 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk KC-456-09 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN KITSAP COUNTY & THE CITY OF PORT ORCHARD This Cooperative Purchasing Agreement (Agreement) is entered into by Kitsap County, a municipal corporation, having its principal offices at 614 Division Street, Port Orchard, Washington, 98366 (County) and the City of Port Orchard, a Washington municipal corporation, having its principal offices at 216 Prospect Street, Port Orchard, Washington (City). SECTION 1. PURPOSE In accordance with Chapter 39.34 RCW, the parties wish to establish a cooperative governmental purchasing agreement for various supplies, materials, equipment and services whereby one party may use the other party’s competitively awarded contracts where provision has been provided in the contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other governmental agencies. SECTION 2. TERMS A. In contracting for the purchase of supplies, materials, equipment and services, each party agrees, at its discretion, to extend said contracts to the other party to the extent permitted by law, and agreed upon by the parties and the vendor(s). B. Each party agrees to be responsible for compliance with any additional or varying laws and regulations governing the party’s own purchases. C. Each party shall responsible for the performance and payment of any contract it enters into under this Agreement. D. All purchases under this Agreement shall be effected by either a purchase order or contract between the party and the vendor(s). E. All property acquired by each party using this Agreement shall be held by the acquiring party. F. Neither party accepts responsibility for the performance of any of the purchasing contracts by the vendor. G. Each party reserves the right to contract independently for the acquisition of goods or services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. SECTION 3. ADMINISTRATION & CONTRACT REPRESENTATIVES No separate entity is being created by this Agreement. Rather, each party shall have a representative to administer the contract. Either party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows: A. County’s Contract Representative R’Lene Orr, Purchasing & Records Manager Kitsap County Administrative Services Department 614 Division Street MS 20, Port Orchard, WA 98366 B. Contractor’s Contract Representative City of Port Orchard City Clerk 216 Prospect Street, Port Orchard, WA 98366 SECTION 4. DURATION & TERMINATION This Agreement shall continue in force and effect until cancelled in writing by either party. SECTION 5. FILING This Agreement shall be filed with the Kitsap County Auditor or posted on either party’s web site following execution by all parties. DATE: DATE: CITY OF PORT ORCHARD KITSAP COUNTY BOARD OF COMMISSIONERS Lary Coppola, Mayor Charlotte Garrido, Chair Steve Bauer, Commissioner Josh Brown, Commissioner ATTEST: ATTEST: Patricia J. Kirkpatrick, CMC Opal Robertson, Clerk of the Board City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney 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: November 10, 2009 Subject: Adoption of Resolution No. 113-09, Prepared by: Patti Kirkpatrick, CMC Authorizing the Mayor to Execute an City Clerk Interlocal Agreement for Purchasing Atty Routing No: 169-09 Various Equipment, Supplies, and Atty Review Date: November 4, 2009 Services with Kitsap County Summary: In June of 1999, the City entered into an Interlocal Agreement with Kitsap County for cooperative governmental purchasing agreement for various equipment, services and supplies that Kitsap County has competitively awarded by contract. The purpose of the Interlocal Agreement is to allow the City to purchase similar equipment without having to go through the bid process. The City Attorney has reviewed the Interlocal Agreement and recommends its approval. Recommendation: Staff recommends adoption of Resolution No. 113-09, authorizing the Mayor to execute an Interlocal agreement for purchasing various equipment, services and supplies that Kitsap County has competitively awarded by contract. Motion for consideration: I move to adopt Resolution No. 113-09, authorizing the Mayor to execute an Interlocal agreement for purchasing various equipment, services and supplies that Kitsap County has competitively awarded by contract. Fiscal Impact: Items purchased under this agreement would be prior budgeted funds. Alternatives: Not approve the ILA. Attachments: Resolution No. 113-09 Proposed Interlocal Agreement – Kitsap County 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: November 10, 2009 Subject: Authorizing a Waiver of Fees for Use Prepared by: Mark R. Dorsey, P.E. of the Active Club Building for the Public Works Director Annual Alkathon Atty Routing No: NA Atty Review Date: NA Summary: On November 2, 2009, the City received a request for special 24-hour use of the Active Club by Alcoholics Anonymous (AA). The nature of the event is round-the-clock AA meetings during the annual Alkathon scheduled for November 25 through 29, 2009. In the tradition of one alcoholic helping another, Port Orchard AA and the Active Club has always been a point of contact for the alcoholic who is looking for help, as well as an “understanding” gathering place for the AA member who finds it hard to survive during the holiday season. The Alkathon has become a tradition in its own right, and AA is grateful that the City continues to allow them to serve the community in a beneficial manner. Due to the downturn in the economy, the donations by members for the costs of the program are much lower than in past years. For this reason, AA is requesting that the fees for the additional hours be waived. (For 2009, the combined groups will pay $7,124 for the use of the Active Club.) Recommendation: Staff recommends that the Council approve the request for a special 24-hour use of the Active Club building by Alcoholics Anonymous beginning November 25 through November 29, 2009, and waive any additional fees. Motion for consideration: I move to approve the request by Alcoholics Anonymous for a special 24-hour use of the Active Club building beginning November 25 through November 29, 2009, and to waive any additional fees. Fiscal Impact: The cost of the additional hours would be $375.00. There are costs associated with the cleaning and maintenance of this facility. Contract janitorial staff regularly cleans the building. Cleaning and maintenance is supplemented by City staff and community work groups. Alternatives: The Council could deny use of the facility for this event. The Council could allow use but charge the standard fees associated with type of use as has been done in the past. Attachments: Memo from Port Orchard Group Alcoholics Anonymous 2007 Letter allowing use by AA for this event 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 7H Meeting Date: November 10, 2009 Subject: Authorization to Issue RV Parking Prepared by: Patti Kirkpatrick, CMC Permit Exemption City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Mr. and Mrs. Strader, 531 Perry Avenue N, have submitted a request for exemption of their parking permit for a 2000 Alpen Fifth Wheel Travel Trailer, License No. 6654 TJ, which was previously exempted for the past five years. Port Orchard Municipal Code 10.18.050 sets forth the criteria for allowing an RV exemption. The Public Property Committee met on October 21, 2009, and reviewed the criteria for exemption and recommend the Council approve the requested RV exemption permit. Section 10.18.0503(a-d) allows the Council to set conditions of approval which include, but are not limited to: a. The exemption may be revoked if the information contained I the application is no longer valid or the fifth wheel adversely affects access to mailboxes and driveways or traffic safety; b. The exemption will automatically terminate if the Fifth Wheel Travel Trailer is sold or transferred to another person; c. The exemption will automatically terminate by a date specific, which in no event shall exceed the period of time requested by the applicant or three years, whichever is shorter; and d. Any other conditions deemed appropriate under the circumstances to address impacts to the neighborhood or right-of-way. Recommendation: Based on the Public Property Committee’s recommendation, staff requests the Council authorize issuance of a recreational vehicle parking permit exemption to expire when the vehicle is sold or no later than December 31, 2012. Motion for consideration: I move to authorize the issuance of a recreational parking permit exemption for a 2000 Alpen Fifth Wheel Travel Trailer, License No. 6654 TJ, to expire when the vehicle is sold or no later than December 31, 2012. Fiscal Impact: None. Alternatives: Not approve the exemptions and provide direction to staff. Attachments: Exemption Permit Application Title 10.18 Parking of Boats and Recreational Vehicles