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04/20/2021 - Work Study - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosa pepe Utilities/Sewer Advisory Committee Land Use Committee Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MIMIC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Work Study Session April 20, 2021 6:30 p.m. The City is prohibited from conducting meetings unless the meeting is NOT conducted in -person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in -person) to hear each other at the some time. Therefore; Remote access only Link: https://us02web.zoom.us/m/89850975945 Zoom Webinar ID: 898 5097 5945 Zoom Call -In: 1 253 215 8782 CALL TO ORDER Pledge of Allegiance Executive Session Pursuant to RCW 42.30.110(1)(i) the City council will enter a 10-minute session to discuss with legal counsel litigation to which the City is a party. 1. Presentation: Water Capitol Facility Charges (Dorsey) Estimated Time: 30 Minutes 2. Spring/Fall Clean -Up Program (Dorsey) Page 2 Estimated Time: 30 minutes 3. Dekalb Street Pier— Moorage Enforcement of Unauthorized or Abandoned Vessels (M. Brown/Archer) Page 10 Estimated Time: 20 Minutes 4. Live Streaming (Mayor) Estimated Time: 20 Minutes S. Mayor's State of the City Estimated Time: 20 minutes GOOD OF THE ORDER Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned Meeting materials are available on the City's website: www.citvofportorchard.us or by contacting the City Clerk's Office, 360.876.4407 The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. Back to Agenda `yam■�� � � IIIAI �_'a City of Port Orchard Work Study Session Executive Summary Issue Title: Spring/Fall Clean -Up Program Meeting Date: April 20, 2021 Time Required: 30 Minutes Attendees: None Action Requested At This Meeting: As follow-up to the November 19, 2019 Work Study Session discussion, Public Works Department Staff is once again providing information on the Spring/Fall Clean -Up Program for further discussion (see documents attached.) Issue: The City's Spring/Fall Clean-up Program provides many benefits to the community. However, there are mounting 'cons' as well, such as: 1) the City's population has tripled since the Program began, dramatically increasing the costs associated with the program as the City's service area quadrupled, 2) some users exploit the Program in an attempt to dispose of materials that are not part of the program, leaving waste on the curbs/sidewalks that the City cannot collect as part of the program; 3) there are concerns regarding program funding; and 4) there are now unintended scheduling issues with Waste Management. Staff seeks input from Council on strategies regarding the Program. Key questions include: Timing of program? Route and inclusion of all residential properties? Payment (i.e., should there be a fee to participate? If so, what for? How is the fee determined, updated? How is the fee to be paid? Cash, check, credit? If credit card, is there an additional credit card fee to accept the payment? No refunds?) Costs (i.e., are all cost overruns to be paid for out of the general fund? Is there a limit to the Program and costs the city is willing to pay?) Background: At the November 19, 2019 Work Study Session, Staff presented a Power Point (see attached) to bring to light the many 'pros' and 'cons' of the current Spring/Fall Cleanup Program and to provide an overview of the Program History (see attached.) Following this presentation/discussion, Clean-up Tags were implemented to help manage the Program. Relationship to Comprehensive Plan: None. Recommendation: None Follow-up Notes & Outcomes: Attachments: Spring/Fall Clean -Up Power Point (2019) and City Clean -Up History. Page 2 of 15 Back to Agenda � � I Spring/Fall Clean-up Page 3 of 15 Back to Agenda Known History Last known documentation of the City having clean-up dates back to 1980 (1980) Population 4,787 Sq. Miles 2.69 (2019) Population 14,389 Sq. Miles 11.21 No known City resolution or policy obligating the City to provide this service Page 4 of 15 PRO'S Means for the elderly/handicapped to get rid of bulk goods that they otherwise would not be able to dispose of Means for property owners/renters to dispose of landscaping and trash that have been laying around their property Helps with aesthetic cleanliness of the Back to Agenda CON'S • Over the last 3 years the total cost for wages/benefits has almost doubled • Shop personnel are unavailable for other duties • The footprint for clean-up has increased exponentially since the original date established • Anticipated residential development will significantly increase costs • Citizens have a sense of entitlement now and are rude to staff • Citizens do not adhere to flyer guide and leave piles that are extraordinarily large. Items are not contained and are materials that we do not collect Page 5 of 15 2016 $121300 Costs for Wages/Benefits 2017 $121000 2018 $181600 Back to Agenda 2019 $221000 *Costs do not reflect admin wages/benefits, advertisements, equipment fees, and fuel costs Page 7 of 15 Alternatives for Consideration Back '°Agenda Discontinue spring/fall clean-up Only have it once a year Only have it once a year and pick —up McCormick Woods/Ridges/McCormick Meadows at a different week/month than the city Only pick-up pay items Only pick-up bulky items and/or pay items that are hard to get rid of Voucher program with ID where residents bring their waste to centralized containers for disposal Page 8 of 15 City Clean-up History Back to Agenda 6/8/1964 to 6/1/1969 Contract with Lloyd W. Granquist and Walter F. Granquist dba Port Orchard Garbage Service -No City Cleanup. 6/9/1969 authorized garbage contract with J. & F Buccaneer Refuse Service, J.J. Griffiths, Properiertor. Dba Port Orchard Garbage Service From 7/1/1995 to 6/30/2005 contract with Brem-Air it states: 5.7 CITY CLEANUP. Two "City Cleanup" weeks shall be scheduled each year by the CITY. The CITY shall notify the CONTRACTOR which weeks will be used for "City Cleanup". During each "City Cleanup" period, the CONTRACTOR shall charge one half the landfill disposal rate to the CITY for those items hauled from a CITY residential property to the landfill. In the Contract with Waste Management, Contract No. 001-05, effective 7/1/2005 to 6/30/2010, states: ARTICLE VI CITY CLEANUP DAYS 6.1 General The Contractor %haJ provide two (2) city cleanup weeks annually (Spring and Fall), upon 90 days notice from the City. At each City cleanup week. Contractor will pick up additional household refuse from each resident at the garb (iiiniC 2 cubic yards). The City will provide equipment and manpower to pick up Bulky Material. Additional tonnage picked up by the Contractor and the City during these weeks will he paid for by the Contractor (maximum of $3,000.00 per event). In Contract No. 001-05, Amendment NO. 1, effective 7/1/2010 to 6/30/2013 states: 1. Spring and Fall scheduled cleanups will include rlt)w include Multi -Family Residential. In Contract No. 001-05, Amendment NO. 2, effective 7/1/2013 to 6/30/2015 continued the same language, just extended the dates. In Contract No. 024-15, effective 7/1/2015 to 6/30/2020, states: ARTICLE VI - CITY CLEANUP DAYS 6.1 General The Contractor shall provide two (2) city cleanup weeks annually (Spring and Fall), upon 90 days notice from the City. At each City cleanup, Contractor will pick up additional household refuse from each single family residence at the curb (limit 2 cubic yards) and from multi -family premises. The City will provide equipment and manpower to pick up Bulky Material. Additional tonnage picked up by the Contractor and the City during these weeks will be paid for by the Contractor (maximum of $3,000.00 per event). Page 9 of 15 Back to Agenda City of Port Orchard �-= Work Study Session Executive Summary `yam■�� � � IIIAI �_'a Issue Title: Dekalb Street Pier— Moorage Enforcement of Unauthorized or Abandoned Vessels Meeting Date: April 20, 2021 Time Required: 20 Minutes Attendees: Chief Brown, City Attorney Archer Action Requested At This Meeting: As follow-up to previous Council Actions, Public Works and Police Department Staff are providing information on the Dekalb Street Pier for further discussion and direction. Issue: Since the completion of the Dekalb Street Pier (the "Pier") Repair, Replacement & Renovation Project in 2017 (the "Project"), the Pier has been utilized in contravention of the City's adopted regulations, including overnight moorage and the outright abandonment of derelict vessels left tied to the Pier. The City maintains a Department of Natural Resources (DNR) Aquatic Lease for the Pier and the use of the Pier in this manner can constitute a breach of that lease, depending on a number of factors. Enforcement of the existing regulations falls to the City's Police Department; the City's current regulations do not provide a streamlined infraction/impound method for corralling derelict (e.g., abandoned, inoperable, unlicensed) boats and removing them from circulation. In addition, when a boat is impounded as derelict or a repeat offender of the City's temporal limitations on moorage, Staff has no off -site location to store the boat for the statutorily required waiting period before disposal. Staff proposes: (1) amending Port Orchard Municipal Code 9.46 to utilize the noncriminal infraction procedures set out in the City's traffic code for unlawful moorage to expedite the issuance of tickets; and (2) investing in boat storage so that impounded derelict boats may be removed from the area prior to being destroyed. Background: In 2017, upon completion of the Dekalb Street Pier Repair, Replacement & Renovation Project, and in compliance with the Department of Natural Resources Aquatic Lease requirements, POMC 9.46 was amended to set time limits for moorage. See Ord. No. 003-17 & Ord. No. 042-17. Under the terms of the Lease, the facility is not allowed to become an overnight moorage facility and/or operate as a marina. In 2018, additional amendments to POMC 9.46 were adopted to further address the situation. See Ord. No. 034- 18. Since its construction, the Pier has been an attractive nuisance for overnight moorage, consecutive day use (i.e., boats that anchor in the harbor overnight and then tie up to the Pier everyday), and for the abandonment of unlicensed, derelict and inoperable boats in lieu of paying to dispose of them. Due to limited resources and staff time for enforcement of POMC 9.46, staff seeks additional support to redress these issues. The use of the City's Page 10 of 15 EXE Back to Agenda Page 2of2 noncriminal traffic infraction procedures will allow law enforcement to issue infractions in a streamlined manner, and the impoundment of derelict boats or boats that repeatedly violate the City's regulations will aid in enhanced enforcement. Relationship to Comprehensive Plan: Chapter 4 — Parks. Recommendation: Support proposed POMC 9.46 Amendments and future funding for impoundment of derelict boats. Follow-up Notes & Outcomes: Attachments: Ord. No. 019-21 Redline Page 11 of 15 Back to Agenda ORDINANCE NO. Oxx-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO CITY -OWNED DOCKS; AMENDING CHAPTER 9.46 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City owns the Dekalb Street Pier for public, non-commercial moorage and use between the hours of 6:00 a.m. and 11:00 p.m., with a limit of no more than two moorage days per week and no consecutive moorage days; and WHEREAS, the City has codified regulations governing the use of the Dekalb Street Pier at Chapter 9.46 of the Port Orchard Municipal Code (POMC); and WHEREAS, City Staff has identified a need to amend the City's regulations for use of the Dekalb Street Pier to redress "unauthorized" or "abandoned" vessels that cause a public nuisance and public health and safety issues for the public utilizing the Dekalb Street Pier for recreational purposes; and WHEREAS, the City desires to amend Chapter 9.46 POMC to provide enforcement tools for Staff to redress "unauthorized" or "abandoned" vessels at the Dekalb Street Pierce; and WHEREAS, the City Council findsthat this Ordinance and the amendments therein are in the best interests of the residents of the City and further advance the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. POMC 9.46.030, Amended. Port Orchard Municipal Code Section 9.46.030 is hereby amended to read as follows: POMC 9.46.030 City facility moorage limits. (1) Moorage at the Water Street Boat Launch. Moorage at the Water Street Boat Launch shall be limited to 15 minutes. Page 12 of 15 Back to Agenda Ordinance No. Oxx-21 Page 2of4 (2) Moorage at the Dekalb Street Pier. Moorage at the Dekalb Street Pier shall be for daytime use only and shall be limited to six hours maximum (between 6:00 a.m. and 11:00 p.m.). In addition, there shall be no consecutive moorage days allowed and no more than two moorage days pefin one consecutive seven-dav period week. No moorage or other tie-up by ropes, cables or other fastenings shall be made except by use of tie-up cleats provided for such purposes. 3) No person shall moor a watercraft in an area that has been posted to prohibit moorage. No person shall, without city authorization, moor a watercraft in an area that has been posted as a restricted area. SECTION 2. POW 9.46.050, Amended. Port Orchard Municipal Code Section 9.46.050 is hereby amended to read as follows: POMC 9.46.050. Violation — Penalty. 1) The following violations of this chapter shall be a noncriminal Class C infraction, as set out in POMC 10.12.430: (a) Moorage in violation of POMC 9.46.030. Each calendar day on which a vessel is moored in violation of POMC 9.46.030 shall constitute a separate infraction. b) Moorage in a restricted or prohibited area. Each calendar day on which a watercraft is moored in a restricted or prohibited area shall constitute a separate civil infraction. c) Tying together or rafting of watercraft at a city moorage facility. Each of the watercraft involved shall be subject to issuance of a separate civil infraction. d) Unless otherwise specified, any other violation of this chapter. 2) It shall be the duty of the police department, under the direction of the Chief of Police, to enforce the regulations set forth in this chapter. 3) The procedures and substantive requirements set out in POMC 10.12.290. 10.12.300, 10.12.310, 10.12.320, 10.12.330, 10.12.340, 10.12.0350, 10.12.380, 10.12.410, 10.12.440, and 10.12.470 shall apply to the infractions issued pursuant to this Chapter. Page 13 of 15 Back to Agenda Ordinance No. Oxx-21 Page 3 of 4 SECTION 3. POMC 9.46.060, Amended. Port Orchard Municipal Code Section 9.46.060 is hereby amended to read as follows: 9.46.060 Authority to impound Abandoned or derelict vessels. Whenever a vessel remains moored at a city facility for more than two consecutive days or is in violation of any other provision of this chapter. the Chief of Police or designee may impound the vessel and any property associated with the vessel. Vessels moored in prohibited areas and unauthorized vessels moored in restricted areas are subject to immediate impoundment. In addition. the Chief of Police or designee may impound any vessel moored at a city facility if the watercraft poses a risk to public health or safety. The Chief of Police or designee, in his, her ortheir discretion, shall decide whether the vessel shall be impounded in place through use of a locking device or removed to an appropriate holding area. Pursuant to RCW 35A.21.320, the city has the authority, subject to the processes and limitation outlined in Chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdiction of the city. In exercising its authority, the city will comply with the provisions of Chapter 79.100 RCW as they currently exist or are hereafter amended. SECTION 4. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 5. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 6. Effective Date. This ordinance shall be in full force five days after posting and publication as required by law. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, Washington at its regular meeting on the _ of April 2021, and approved by the Mayor and attested by the Clerk in authentication of such passage this date here. Page 14 of 15 Back to Agenda Ordinance No. Oxx-21 Page 4 of 4 Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM ONLY: Sponsored by: Charlotte A. Archer, City Attorney *****, Council Member Page 15 of 15