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06/22/2021 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: BekAshby (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, Chair 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 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, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda June 22, 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:Hus02web.zoom.us/m/85783864066 Zoom Webinar ID: 857 8386 4066 Zoom Call -In: 1 253 215 8782 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 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 Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Rinearson) Page 3 D. Adoption of a Resolution Approving an Interlocal Agreement with the City of Forks for Jail Services (M. Brown) Page 5 E. Approval of an Easement to Dale and Jacqueline Morris (Archer) Page 15 F. Excusal of Councilmember Ashby Due to Personal Obligations 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving the Final Downtown Subarea Plan and Proposed Amendments to the Comprehensive Plan and Development Regulations (Bond) Page 16 B. Adoption of an Ordinance Establishing a Planned Action for the Downtown Subarea Plan (Bond) Page 184 C. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget Salary Table (Crocker) Page 200 D. Adoption of an Ordinance Authorizing Positions of Human Resources Specialist and Assistant Planner (Lund) Page 206 E. Adoption of a Resolution Approving a Contract with Hugh G. Goldsmith & Associates, Inc. for the Preparation of a Legal Description and Sketch for Use in a Water Main Easement at McCormick Village Park (Dorsey) Page 212 F. Adoption of a Resolution Approving a Contract with Westmark Construction, Inc. for the Library Exterior/Interior Wall Repair Protect (Dorsey) Page 230 G. Approval of a Purchase and Sale Agreement for Real Property (Archer) Page 265 H. Approval of a Road Closure for a Special Event (Rinearson) Page 266 I. Approval of the June 8, 2021, City Council Meeting Minutes Page 282 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 13. 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. 14. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Land Use Festival of Chimes & Lights Finance Transportation Sewer Advisory Lodging Tax Outside Agency Committees Date & Time Location July 12, 2021; 9:30am� 2nd of of each month Remote Access July 13, 2021; 5:00pm Remote Access TBD; 4:30pin ------ Remote Access July 19, 2021; 3:30pm — 3rd Monday of each month Remote Access July 20, 2021; 5:00pm Remote Access June 22, 2021; 5:00pm; 4th Tuesday of each month Remote Access CITY COUNCIL GOOD OF THE ORDER July 21, 2021; 6:30pm Remote Access July, 2021 Remote Access Varies Varies 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 at (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. June 22, 2021, Meeting Agenda Page 2 of 2 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: June 22, 2021 Subject: Adoption of a Resolution Declaring Certain Prepared by: Brandy Rinearson, MMC Equipment as Surplus and Authorizing its City Clerk Disposition Atty Routing No.: N/A Atty Review Date: N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus the following IT equipment: No. of items Description/Model/Serial # Total Asset Value 33 Model 5320E $825 34 Model 5330E $1,190 1 Model 6940 $240 17 Headset $1,500 Total $3,755 Any money from the sale of surplus property is deposited into the Fund which owned the equipment. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Recommendation: Staff recommends adoption of a Resolution declaring certain property surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution declaring certain equipment surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus equipment is deposited in the Fund of ownership. Alternatives: Do not adopt. Attachments: Resolution. Page 3 of 287 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN EQUIPMENT AS SURPLUS AND AUTHORIZING ITS DISPOSITION. WHEREAS, certain personal property owned by various Funds of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the IT equipment items to be $0.00; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property and utility equipment, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interests of the City to dispose of such personal property and utility equipment; and WHEREAS, the City Council desires to dispose of said IT equipment in the best interests of the City, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The property described below is declared as a surplus to the needs of the City. Staff is instructed to dispose of the items in a manner that reflects the best interest of the City. No. of items Description/Model/Serial # Assest Value 33 Model 5320E $825 34 Model 5330E $1,190 1 Model 6940 $240 17 Headset $1,500 Total $3,755 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 22"d day of June 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 4 of 287 Back to Agenda ;W 4 a 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 41) Subject: Adoption of a Resolution Approving an Interlocal Agreement with the City of Forks for Jail Services Meeting Date: June 22, 2021 Prepared by: Matt Brown Chief of Police Atty Routing No.: 366922.0012 - PD Atty Review Date: June 17, 2021 Summary: The City of Port Orchard Police Department has historically utilized the services of the City of Forks jail facilities for the confinement of individuals held for misdemeanor and gross misdemeanor offenses. The City of Forks utilizes an interlocal agreement with its partner agencies. The cities have negotiated an agreement for prisoner confinement services, at a set rate and upon terms governing the allocation of costs, transportation, indemnification and other related issues. This ILA must be in place for the City to continue to utilize the services of the City of Forks jail facilities. Recommendation: Staff recommends the Council adopt the Resolution and authorize the execution of the ILA for prisoner confinement services with the City of Forks. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution, authorizing the Mayor to sign the Interlocal Agreement with the City of Forks for Prisoner Confinement Services. Fiscal Impact: Budget includes costs allocated to prisoner confinement due to Police and Municipal Court work. Alternatives: Not approve and provide further guidance. Attachments: Resolution and Exhibit A — ILA with City of Forks for Prisoner Confinement Services. Page 5 of 287 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF FORKS FOR PRISONER CONFINEMENT SERVICES. WHEREAS, the City has historically utilized the prisoner confinement services of the jail facilities owned and operated by the City of Forks for confinement of misdemeanant and gross misdemeanant arrestees; and WHEREAS, the City of Forks is willing to provide jail services for City of Port Orchard prisoners in accordance with the terms and conditions of the Interlocal Agreement for Prisoner Confinement Services, attached hereto as Exhibit A; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into the attached Interlocal Agreement with the City of Forks; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute the Interlocal Agreement with the City of Forks for Prisoner Confinement Services attached hereto as Exhibit A and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. 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 22" d day of June 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 6 of 287 Back to Agenda CITY OF FORKS AND CITY OF PORT ORCHARD INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES This Agreement is made and entered into this 1st day of June, 2021 by and between the CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF PORT ORCHARD, a municipal corporation (hereinafter "CITY"). REPRESENTATIONS: 1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and CITY may enter into an agreement, through their respective legislative bodies, whereby FORKS shall furnish jail facilities for CITY prisoners upon such terms as may be mutually agreed upon. 2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services. Such contracts or interlocal agreements are required to take into account the anticipated costs of services as well as the anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state authorized sales tax funding levied for criminal justice purposes. 3. As municipal governments operating under local, state and federal authority, it is a basic function of governmental operations that neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, veterans and military status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (chapter 49.60 RCW) or the Americans with Disabilities Act (42 USC 12110 et seq.). 4. FORKS Correctional Facility has a zero tolerance policy relating to the sexual assault/rape of inmates and recognizes these inmates as crime victims. The FORKS Correctional Facility will immediately respond to allegations, fully investigate reported incidents, pursue disciplinary actions, and refer for investigation and prosecution those who perpetrate such conduct. 5. CITY and FORKS agree that the terms and conditions set forth herein are an acceptable basis for FORKS providing prisoner jail services to CITY for persons committing misdemeanor or gross misdemeanor offenses within CITY limits. INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -1- Page 7 of 287 Back to Agenda AGREEMENTS: 1. Availability and Funding of Adult Correctional Facilities and Services: FORKS agrees to house, care for, and provide for the welfare and safekeeping of CITY prisoners within its facilities. In so doing, FORKS agrees to furnish its facilities and personnel for the confinement, processing, and related services for CITY prisoners in the same manner and to the same extent as FORKS furnishes said services for confinement, processing, and related activities of its own prisoners. FORKS jail facilities shall be made available and furnished for holding of CITY prisoners serving imposed jail terms, subject to the conditions herein. Said facilities and services shall meet the requirements of all applicable state and federal laws. 2. Definition of a CITY Prisoner: The term "CITY prisoner" as used in this Agreement shall mean a person arrested by CITY police and held and confined in the FORKS Jail, or otherwise held in detention as provided in this agreement, pursuant to a violation of a CITY ordinance or a violation of a state law which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. The term "CITY prisoner" shall not include a person arrested for a felony offense by CITY police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non -CITY officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony even if there is a plea to or conviction of a lesser offense. 3. Definition of Intensive Management Prisoner: The term "Intensive Management Prisoner" shall mean a CITY prisoner who has been assigned to administrative segregation after it has been found that the prisoner poses a threat to themselves or others or the security of the institution, and all other housing options have been exhausted. Some conditions that may warrant Intensive Management status include: serious behavioral or medical issues that prevent housing with other prisoners, or constant violent tendencies toward staff and/or other prisoners. The designation of Intensive Management Prisoner shall be made by the FORKS Corrections Sergeant or designee. The CITY will be notified by telephone to the designated CITY POC within 72 hours that CITY prisoner has been designated as Intensive Management. 4. Prisoner Confinement Dailv Fee: A. Beginning on the date first stated above, CITY agrees to pay FORKS a daily per inmate fee for the housing of prisoners in the FORKS Jail. The daily confinement fee shall be charged per prisoner for each calendar day or portion thereof, excluding the release day when a prisoner has been confined for more than one day. The base daily rate shall be $52.12 each on a daily basis, FORKS will house any CITY prisoner who has a court commitment of 364 days at the special daily rate of $46.34 each day. B. The confinement fee for Intensive Management Inmates shall be two times the current base daily rate. INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -2- Page 8 of 287 Back to Agenda C. These rates shall be adjusted annually, based on the Seattle CPI-U for June published in July of each year, with the adjustment taking effect in January of each subsequent year. The first annual adjustment will be effective January 1, 2022 and each year thereafter. D. Prisoner fees shall be billed by FORKS each month and CITY shall pay said fees within 30 days of billing. In the event of an error, the next billing after the error was discovered will be adjusted appropriately. 5. Partial Confinement and Alternative Confinement Programs: CITY prisoners shall be considered for FORKS alternative and partial confinement programs on an equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions, for program rule violations. Prisoner participation in such programs may be limited to an operational capacity as identified by FORKS. Alternative and partial confinement programs shall include, but not be limited to, Work Release and Work Crew. It is understood by the parties that the term alternative confinement programs shall not include electronic home monitoring. Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confinement daily fee billed to CITY. Where CITY prisoners are in a FORKS Work Crew assignment, they shall be credited with ten days "good time" for each 30 days that they are assigned to the Work Crew. If the prisoner is not on a work crew or special program, then in such case that prisoner is eligible for five days good time per thirty days served. "Good time" is earned, and not automatically "given", and is calculated based only on the time the prisoner is housed in Forks. 6. Designated Administrators: The FORKS Police Chief in consultation with the CITY Police Chief shall administer this Agreement. Each administrator or designee may consult with each other quarterly regarding costs, fees and charges and regarding changes in policies, practices, or procedures, which may affect the responsibilities of the other. The Administrators will make their best efforts to resolve any disputes between themselves or through their designated representatives. 7. Medical Costs: Medical costs for emergency or necessary health care for CITY prisoners shall be the responsibility of CITY. CITY retains the option to contract with medical providers to provide medical services to CITY prisoners. FORKS will not transport outside of FORKS city limits for medical appointments; this will be borne by CITY if such a medical transport is necessary. INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -3- Page 9 of 287 Back to Agenda FORKS shall notify CITY prior to outside medical care being provided for a CITY prisoner; provided, however, that when emergency medical care is required in life - threatening circumstances, the notification may occur as soon as practicable. No Waiver of Right to Seek Reimbursement. The above paragraphs relating to medical costs are intended solely to define the obligations between the parties to this agreement. Nothing contained within the provisions of this Agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the Department of Social and Health Services, or from the prisoner, or any other responsible third -party. 8. Transportation: Transportation of CITY prisoners to the FORKS jail facilities will be provided by the FORKS Police Department as needed, but not more frequently than one time per calendar week. FORKS Police Department, will travel to a mutually agreed upon location for the pick-up. The rate for transportation to FORKS shall be $25 per prisoner. Upon release of CITY prisoners, FORKS may transport the prisoner to the Forks Transit Center. A one-way ticket toward the CITY area may be issued to the released prisoner. If the prisoner is needed for Court during incarceration in the FORKS jail, it will be the responsibility of CITY to either (1) with at least 8 hours prior notice make arrangements with FORKS so that the prisoner may participate in a virtual court hearing; or, (2) transport the prisoner from FORKS jail to Court, and to return the prisoner back to FORKS jail. If the virtual option is utilized by the CITY, the CITY shall ensure that Forks has all necessary information, and associated paperwork including materials CITY Prisoner may need to read and/or sign in advance if possible, or within one hour after the hearing 9. Transfer of Custody: When the CITY law enforcement officers are placing arrested persons in custody of FORKS, at a designated meet point between the parties or at the FORKS jail, the CITY officer shall be required to remain in the immediate presence of the arrested person and shall be considered to have such person in his or her sole custody until the FORKS booking/transport officer audibly states that the prisoner is secured; at such time and only then, will FORKS come into custody of said prisoner. When custody of a CITY prisoner is transferred to FORKS, the CITY prisoner shall be subject to all applicable rules, regulations and standards governing operation of the FORKS jail, including any emergency security rules imposed by the FORKS Chief of Police or designee. Any CITY police officer delivering a prisoner to FORKS jail shall comply with reasonable rules and regulations of the FORKS jail. 10. Release of CITY Prisoner from FORKS Jail: No CITY prisoner confined in the FORKS jail subject to this Agreement shall be released except: (a) when requested by a member of CITY Police Department; (b) in compliance with orders of the court in those matters in which the courts have jurisdiction; (c) for appearance in court; (d) for INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -4- Page 10 of 287 Back to Agenda interviews by CITY police or attorneys; (e) if the prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed; or(f) as determined by the FORKS Chief of Police, after phone consultation with the CITY POC, as part of a plan to reduce prisoner population as a result of facility overcrowding. 11. Record Keeping: FORKS agrees to maintain a system of record keeping relative to the booking and confinement of each CITY prisoner in such style and manner as equivalent to FORKS's records pertaining to its own prisoners. FORKS shall make available, upon request, to CITY or its authorized representatives, copies of said records. 12. CITY Access to Prisoners: All CITY police officers, investigators and the prisoner's legal counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS jail, subject only to necessary security rules. Interview rooms will be made available to CITY police officers in equal priority with those of any other department. 13. Equal Treatment of CITY Prisoners: CITY and FORKS prisoners will be treated equally for purposes of extradition, transportation, record keeping, and access to special detention programs. During situations where jail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS prisoners. FORKS will notify CITY if prisoner(s) are to be released due to situations where jail population exceeds maximum capacity and will give CITY an opportunity to transport the CITY prisoner(s) to another jail facility. When known, FORKS will notify CITY if the jail population exceeds maximum capacity prior to the transportation of new prisoners to the facility pursuant to paragraph 8 above. 14. Inmate Escape/Death Escape/Death of an Inmate. If a CITY Inmate escapes FORKS' custody, FORKS shall notify the CITY as soon as reasonably possible. FORKS shall use all reasonable efforts to pursue and regain custody of escaped CITY Inmates. If a CITY Inmate dies while in FORKS' custody, FORKS shall notify the CITY as soon as reasonably possible. The Clallam County Prosecutor, acting as the Coroner, shall either assume custody of the CITY inmate's body, or designate the proper custodian of said body. Unless another agency becomes responsible for investigation, FORKS shall investigate and shall provide the CITY with a report of its investigation. The CITY may participate in the investigation. 15. Insurance FORKS and CITY shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -5- Page 11 of 287 Back to Agenda FORKS and the CITY shall each maintain throughout the term of this Agreement coverage in minimum liability limits of two million dollars ($2,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policies shall provide coverage on an occurrence basis. Both parties are members of the Association of Washington Cities Risk Management Service Agency. Each Party shall provide to the other Party notice of any cancellation, suspension or material change in coverage. 16. Hold Harmless Agreement. A. FORKS assumes full responsibility for the welfare, safety and safekeeping of all CITY prisoners while in the custody of FORKS. FORKS agrees to hold harmless, indemnify, and defend CITY, its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) (also including but not limited to claims related to alleged mistreatment, injury, or death to any prisoner, or loss or damage to prisoner property while in FORKS' custody) which result from or arise out of the negligence of FORKS, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of FORKS' services, duties and obligations under this Agreement. B. The CITY agrees to hold harmless, indemnify, and defend FORKS, its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees) (also including but not limited to a claim of false arrest, unlawful imprisonment and writs of habeas corpus proceedings) which result from or arise out of the negligence of CITY, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of CITY's services, duties and obligations under this Agreement. C. In the event that the officials, officers, agents, and/or employees of both FORKS and the CITY are concurrently negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees). INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -6- Page 12 of 287 Back to Agenda D. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification by any third party. E. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 17. Duration of Agreement: This Agreement shall be in effect for one year from the date first stated above and shall automatically renew for up to four one-year terms thereafter unless terminated upon written notice by either party with a minimum 90 days' notice, or 90 days' written notice of the party's request to renegotiate terms. The notice shall state the grounds for the termination and the specific plans for accommodating the affected jail population (per RCW 70.48.090 as amended). Pursuant to RCW 39.34.040, each party shall be responsible for recording a copy of this agreement with its respective County auditor and/or posting this agreement on the agency's website. 18. Disputes: Disputes relating to the interpretation or administration of this Agreement that cannot be resolved by the representatives designated herein shall be referred to the FORKS Mayor and CITY Mayor or their designees for settlement. 19. No Joint Undertaking or Separate Entity: Pursuant to the requirements of RCW 39.34.030(3), the parties specify the following: 1) no new or separate legal or administrative entity is created by the provisions of this Agreement; 2) the parties to this Agreement are each responsible for their own duties under this Agreement; 3) no joint financing or budget is required; and 4) and no real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. Non-Delegation/Non-Assignment: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this Agreement without the written consent of the other party. 21. Each individual Agency's officers, agents, or employees are only employees of the individual. Agency for any and all purposes, including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service rights, which may accrue to an employee of the Agency under any applicable law, rule, or regulation. 22. Severability: If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -7- Page 13 of 287 Back to Agenda DATED this day of 2021 City of Forks Mayor Chief of Police ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DATED this day of 2021 City of Port Orchard Mayor Chief of Police ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INTERLOCAL AGREEMENT FOR PRISONER CONFINEMENT SERVICES BETWEEN CITY OF FORKS AND CITY OF PORT ORCHARD -8- Page 14 of 287 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 ear Ill�i e (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date Subject: Approval of an Easement to Dale and Prepared by Jacqueline Morris Atty Routing No Atty Review Date June 22, 2021 Charli Archer, City Attorney 366922 June 15, 2021 Summary: The City Council authorized the execution of a settlement agreement with Dale and Jacqueline Morris, pertaining to litigation commenced against the City. As part of that agreement, the City committed to granting an access easement for the future construction of a driveway from a vacant parcel owned by the Morrises to access Alder Road. By this action, the City Council would authorize the Mayor to execute such an easement. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends Council authorize the Mayor to execute an access easement. Motion for Consideration: I move to authorize the Mayor to execute an access easement to benefit Dale and Jacqueline Morris, in a form acceptable to the City Attorney. Alternatives: Do not approve. Fiscal Impact: None. Attachments: Easement to be provided by legal counsel prior to meeting. Page 15 of 287 Back to Agenda ;W 4 a 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 Subject: Adoption of an Ordinance Approving the Prepared by: Final Downtown Subarea Plan and Proposed Amendments to the Atty Routing No. Comprehensive Plan and Development Atty Review Date Regulations June 22, 2021 Nicholas Bond, AICP DCD Director N/A N/A Summary: In 2019, the City and its consultant team, led by GGLO LLC, began work on a subarea plan and planned action EIS that includes the existing Downtown and Kitsap County Government Campus countywide centers. The subarea plan development process has addressed several issues, including: development of more housing in this area of the city, in accordance with a $50k grant from the Department of Commerce; providing for the proposed South Kitsap Community Events Center on the downtown waterfront; accommodating current and future redevelopment projects in the Downtown and County Campus areas; and incorporating the recommendations of the City's Parks Plan update. The initial draft Subarea Plan was released for public review and comment in October 2020. The Planning Commission held an EIS scoping meeting in September 2020 and a public meeting on the EIS in February 2021, and the City issued a Final Environmental Impact Statement (FEIS) in April 2021. A final draft Subarea Plan was released to the public in April 2021. On May 4, 2021, the Planning Commission held a public hearing on the final draft Subarea Plan and proposed amendments to the Comprehensive Plan and development regulations and voted to recommend approval of the Plan to City Council. The Land Use committee reviewed the Plan and proposed amendments on May 5, 2021 and recommended that the Plan be forwarded to the full Council for review at the May 18 work-study meeting. At the work-study meeting, the Council reviewed the Plan and made two changes: (1) revisions in the DMU zone standards related to the location of parking when a building has streets on all sides, such as when an entire city block redevelops, as reflected in Section 5 of the Ordinance; and (2) retention of Residential 2(R2) zoning for the area south of Kitsap Street, north of Dwight Street, on either side of Sidney Avenue, instead of changing this area to Neighborhood Mixed Use (NMU). This change is shown on the map on page 75 of the Plan, and on the revised City Zoning Map (Exhibit 2). The City Council held a second public hearing on May 25, to allow an additional opportunity for public and agency testimony on the Plan and the associated changes to the City's Comprehensive Plan and development regulations. The Council is requested to adopt an ordinance approving the Subarea Plan and other associated changes at tonight's meeting, followed by adoption of an ordinance approving a Planned Action consistent with the EIS prepared for the Downtown Subarea Plan, which is also on tonight's business agenda (Business Item 713). Page 16 of 287 B Staff Report 7A Page 2of2 Relationship to Comprehensive Plan: The Downtown Subarea Plan will be adopted as Appendix D of the City's Comprehensive Plan. Revisions to the Land Use Element will also be adopted. Alternatives: Revise the Downtown Subarea Plan and/or proposed amendments to the Comprehensive Plan and development regulations. The City received a grant from the Department of Commerce under E2SHB 1923 to prepare a subarea plan and development regulations for the Downtown and County Campus centers, and has committed to fulfill the terms of this contract (Contract C081-19). Recommendation: City staff recommend adoption of an Ordinance adopting the Downtown Subarea Plan and the proposed amendments to the Comprehensive Plan and development regulations, as presented. Motion for Consideration: "I move to adopt an Ordinance adopting the Downtown Subarea Plan and the proposed amendments to the Comprehensive Plan and development regulations, as presented." Fiscal Impact: N/A Attachments: Ordinance w/Exhibits: Exhibit 1: Final Downtown Subarea Plan, May 2021 Exhibit 2: Revised City Zoning Map Exhibit 3: Amended Land Use Element Exhibit 4: Amended POMC 20.39.040 Land Use Table Exhibit 5: Amended POMC 20.127.130 Community Framework Maps Page 17 of 287 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PURSUANT TO RCW 36.70A.600(1)(f) AND (4), ADOPTING THE DOWNTOWN SUBAREA PLAN; ADOPTING AMENDMENTS TO THE CITY COMPREHENSIVE PLAN PURSUANT TO RCW 36.70A.130(2)(a)(i); ADOPTING AN AMENDMENT TO THE CITY ZONING MAP; ADOPTING NEW REGULATIONS AND AMENDMENTS TO CHAPTERS 20.35, 20.38, 20.39, 20.124, 20.127 AND 20.202 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard is a non -charter optional municipal code City as provided in Title 35A RCW, incorporated under the laws of the State of Washington, and planning pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW; and WHEREAS, with the passage of the GMA in 1990, codified at Chapter 36.70A RCW, local governments are required to adopt and maintain a comprehensive plan; and WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA; and WHEREAS, the City of Port Orchard completed its most recent periodic update of its Comprehensive Plan in June 2016, as required by the GMA; and WHEREAS, in 2019, the State Legislature passed E2SHB 1923 creating RCW 36.70A.600 and providing for grant funding to jurisdictions taking specific actions to increase residential building capacity; and WHEREAS, one of the actions recommended in RCW 36.70A.600 (1) is to adopt a subarea plan pursuant to RCW 43.21C.420; and WHEREAS, the City received a grant from the Washington State Department of Commerce under E2SHB 1923 to prepare a subarea plan and accompanying development regulations (Contract C081-19); and WHEREAS, the City's Downtown and County Campus areas are designated Countywide Centers in the City's Comprehensive Plan, and Section 2.7.6 of the Comprehensive Plan directs the City to develop a subarea plan for each identified center in the Comprehensive Plan; and WHEREAS, the City has combined the Downtown and County Campus centers ("Downtown Subarea"), and has prepared a single Downtown Subarea Plan ("Subarea Plan") to satisfy the subarea planning requirement of Section 2.7.6 of the Comprehensive Plan; and Page 18 of 287 Back to Agenda Ordinance No. _ Page 2of17 WHEREAS, the City most recently adopted annual amendments to the City's Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106 on July 14, 2020; and WHEREAS, RCW 36.70A.130(2)(a)(i) allows the initial adoption of a subarea plan and associated amendments to the jurisdiction's comprehensive plan outside of the annual amendment process if the plan clarifies, supplements or implements jurisdiction -wide comprehensive plan policies, and the cumulative impacts of the plan are addressed by appropriate environmental review under chapter 43.21C RCW; and WHEREAS, the City prepared an update to the City Zoning Map to provide consistency between the Map and the zoning changes provided in the Subarea Plan; and WHEREAS, the City prepared amendments to the Land Use Element of the Comprehensive Plan, and new regulations and amendments to Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 of the Port Orchard Municipal Code (POMC), to provide appropriate policies and development regulations for the Downtown Subarea, to provide consistency between the Comprehensive Plan, the POMC and the Subarea Plan, and to implement the Subarea Plan, per the requirements of RCW 36.70A.040(3); and WHEREAS, on August 14, 2020, the City issued a SEPA Determination of Significance (DS) for the Subarea Plan based on the likelihood that the proposal may have significant adverse environmental impacts, and identified three alternative subarea proposals for analysis in an Environmental Impact Statement (EIS), including a no -action alternative; and WHEREAS, on September 1, 2020, the Planning Commission held a duly -noticed scoping meeting and request for comments regarding the scope of the EIS; and WHEREAS, on January 11, 2021, the City submitted the draft Subarea Plan and associated comprehensive plan amendments to the Department of Commerce along with a 60-day request for review; and WHEREAS, on February 2, 2021, the Planning Commission held a duly -noticed public meeting on the Draft Environment Impact Statement (DEIS) for the Subarea Plan, and received public comments; and WHEREAS, on April 27, 2021, the City issued by providing notice consistent with WAC 197-11/460 of the Final Environmental Impact Statement (FEIS) for the Subarea Plan, which addressed issues of current land uses, development capacity, future development mix and location of densities and uses, transportation, utilities, public facilities and amenities, cultural resources, and natural resources, and there have been no appeals; and Page 19 of 287 Back to Agenda Ordinance No. _ Page 3 of 17 WHEREAS, on May 4, 2021, the Planning Commission held a duly -noticed public hearing on the Subarea Plan and the amendments to the Land Use Element, the Zoning Map, and to Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 POMC, and after receiving public testimony the Planning Commission recommended their approval; and WHEREAS, on May 5, 2021, the City submitted the final Subarea Plan, and the amendments to the Land Use Element, the Zoning Map, and to Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 POMC, to the Department of Commerce with a request for expedited review; and WHEREAS, on May 5, 2021, the City Council's Land Use Committee reviewed the Subarea Plan and the amendments to the Land Use Element, the Zoning Map, and to Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 POMC, and recommended that they be forwarded to the full City Council for review and approval; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, and Chapter 36.70A RCW, and that the amendments herein to the City's Comprehensive Plan, Zoning Map, and Chapters 20.35, 20.38, 20.39, 20.124, 20.127 and 20.202 POMC are in the best interests of the residents of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Adoption of the Downtown Subarea Plan. The Downtown Subarea Plan, attached hereto as Exhibit 1, is hereby adopted into the City of Port Orchard Comprehensive Plan as Appendix D. SECTION 3. Adoption of Amended City of Port Orchard Zoning Map. The City of Port Orchard Zoning Map is hereby amended as set out in Exhibit 2 hereto. SECTION 4. Adoption of Amended Land Use Element of the Comprehensive Plan. The Land Use Element of the City's Comprehensive Plan is hereby amended as set out in Exhibit 3 hereto. SECTION S. Adoption of Amendments to Section 20.35.040 POMC. Section 20.35.040 POMC is hereby amended to read as follows: Page 20 of 287 Back to Agenda Ordinance No. _ Page 4 of 17 20.35.040 Downtown mixed use (DMU). (1) Intent. The downtown mixed use district is intended to provide for mixed use, pedestrian -oriented development in downtown. In order to promote walkability and to encourage street -level retail activity, auto -oriented uses and ground -floor residential uses are restricted. Building type options include live -work, single -story shopfront and mixed -use shopfront. Downtown mixed use should be applied in areas where the existing or proposed land use pattern promotes the highest levels of pedestrian and mixed -use activity in the community and may be applied in areas designated commercial in the comprehensive plan. (2) Building Types Allowed. The allowed building types are as follows: (a) Live -work unit. (b) Single -story shopfront. (c) Mixed use shopfront. (d) Accessory buildings (POMC 20.32.010(16)). DMU Building Types (3) Lot Dimensions. (a) There are no minimum or maximum lot sizes in the DMU district. (b) There is no minimum lot width in the DMU district. Page 21 of 287 Back to Agenda Ordinance No. _ Page 5 of 17 DMU Lot Dimensions (4) Maximum hard surface coverage is 100 percent. (5) Building Setbacks. (a) Primary street: not applicable. (b) Side street: not applicable. (c) Side interior: not applicable. (d) Rear: not applicable. (6) Build -to Zone. (a) Building facade in primary street: 80 percent minimum (percent of lot width). (b) Building facade in side street: 40 percent minimum (percent of lot width). (c) Build -to Zone percentages may be decreased (1) if a public pedestrian -oriented space is provided, if the reduction is no more than the minimum needed to accommodate the pedestrian oriented space, or (2) for public civic buildings such as a community center or library. Page 22 of 287 Back to Agenda Ordinance No. _ Page 6 of 17 DMU Building Placement (7) Parking Location. Parking shall be allowed as follows except where another standard is specified in Chapter 20.127 POMC: (a) Front yard: not allowed. (b) Corner yard: not allowed. (c) Side yard: allowed. (d) Rear yard: allowed. (e) For proposed buildings with frontage on all four (4) sides, the director shall determine where parking shall be allowed, based upon (1) consistency with an adopted subarea plan; (2) consistency with the City's critical areas and shoreline master program regulations; and/or (3) traffic and circulation impacts of the proposed parking location(s), including vehicular and pedestrian safety. (8) Building Height. (a) Maximum height: three stories/38 feet unless an alternative maximum building height is specified pursuant to the downtown height overlay district (POMC 20.38.600 through 20.38.670). Page 23 of 287 Lack to Agenda Ordinance No. _ Page 7 of 17 DMU Building Height SECTION 6. Adoption of Amendments to Section 20.38.610 POMC. Section 20.38.610 POMC is hereby amended to read as follows: 20.38.610 DHOD Intent. The intent of the downtown height overlay district (DHOD) is to implement the Downtown Subarea Plan, protect scenic views on north facing slopes in the vicinity of Sinclair Inlet and downtown, protect property values, provide access to light, ensure that the scale of development in downtown Port Orchard does not negatively impact the historic character of the community, and otherwise protect the general health, safety, and welfare of the community. The intent of the DHOD is to be achieved by establishing height limits for buildings and by establishing a method of measuring buildings that is different than the methods used elsewhere in this title to recognize the generally sloping characteristics of the overlay district. SECTION 7. Adoption of Amendments to Section 20.38.640 POMC. Section 20.38.640 POMC is hereby amended to read as follows: 20.38.640 DHOD Height Limits (1) DHOD Height Zones Established. Within the DHOD as shown on the zoning map, there are three different DHOD height zones with height limits established as follows: (a) DHOD 3: 48 feet — three stories. Page 24 of 287 Back to Agenda Ordinance No. _ Page 8 of 17 (b) DHOD 4: 58 feet — four stories. (c) DHOD 5: 68 feet — five stories. (2) DHOD Height Bonus. A 10-foot (one story) height bonus not to exceed 20,000 feet in area may be granted to exceed the applicable maximum height provided in subsection (1)(a) of this section if the applicant agrees to construct and operate (or lease to an operator) a grocery store in the same building for which the bonus is sought, with the grocery store space measuring at least 10,000 square feet in area. In addition to the 20,000-square-foot bonus limit, the area of this additional 10 feet of building height shall not exceed 95 percent of the area of the floor immediately below this bonus height (floor). Any height bonus shall require a development agreement between the developer and the city that provides assurances to the city guaranteeing that the ground floor commercial space will be developed and operated as a grocery store upon project completion. (3) DHOD Height Zone Map. The height zones described in this section shall be applied as reflected on the DHOD Height Zone Map as shown in Figure 1. Page 25 of 287 Back to Agenda Ordinance No. _ Page 9 of 17 CITY PORT ORCHARD Downtown Height Overlay Dist ricts - - i of loo9 4 B IpFL ' � F. 5 Figure 1: DHOD Height Zone Map SECTION 8. Adoption of Amendments to Section 20.38.650 POMC. Section 20.38.650 POMC is hereby amended to read as follows: 20.38.650 DHOD Height Measurement Building heights shall be measured one of two ways based on whether the parcel to be developed abuts Bay Street or whether it does not abut Bay Street. (1) Building heights for lots abutting Bay Street shall be measured from the average grade of the property line that abuts Bay Street rather than from the grade plane as defined in Chapter 20.12 POMC (see "building height" and "grade plane"). If this property line is below the City's minimum flood elevation or forecasts for sea level rise, the property line may be elevated to the required minimum ground floor flood elevation for the purpose of measuring height. (2) Building heights for lots not abutting Bay Street shall be measured in accordance Page 26 of 287 Back to Agenda Ordinance No. _ Page 10 of 17 with the definition of building height as found in Chapter 20.12 POMC. SECTION 9. Adoption of Amendments to Section 20.38.810 POMC. Section 20.38.810 POW is hereby amended to read as follows: 20.38.810 VPOD Intent. The intent of the view protection overlay district (VPOD) is to implement the Downtown Subarea Plan, protect scenic views on north facing slopes in the vicinity of Sinclair Inlet, protect property values, provide access to light, and otherwise protect the general health, safety, and welfare of the community. The intent of the VPOD is to be achieved by establishing height limits for buildings and by establishing a method of measuring buildings that is different than the methods used elsewhere in this title to recognize the generally sloping characteristics of the overlay district. SECTION 10. Adoption of Amendments to Section 20.39.040. Section 20.39.040 POMC is hereby amended as set out on Exhibit 4 hereto. SECTION 11. Adoption of Amendments to Section 20.124.130. Section 20.124.130 POMC is hereby amended to read as follows: 20.124.130 Downtown Mixed Use Parking Standards. Except as otherwise provided in this section, development within the downtown mixed - use zone (DMU) shall provide parking in accordance with the off-street parking requirements set forth in this chapter. (1) Parking shall not be required for ground floor uses in the DMU zone in the Downtown Subarea (see the Downtown Port Orchard Subarea Plan). (2) For multifamily residential uses in the DMU zone, the off-street parking standard shall be a minimum of one parking space for each dwelling unit, regardless of the number of bedrooms. (3) No new street level parking lot or parking garage that fronts directly on Bay Street shall be allowed between Port Street and Seattle Avenue. (4) Exemptions. The following uses and buildings within the DMU zone shall be exempt from the parking standards set forth in this chapter: (a) Existing buildings and uses along both sides of Bay Street from Orchard Avenue to Seattle Avenue shall be exempt from the parking requirements set forth in this chapter. Page 27 of 287 Back to Agenda Ordinance No. _ Page 11 of 17 SECTION 12. New Section 20.124.135 Adopted. A new Section 20.124.135 POMC is hereby adopted as follows: 20.124.135 Downtown Subarea Residential Parking Standards. For residential uses in the Downtown Subarea, excluding the DMU zone parking standards in POMC 20.124.130, the off-street parking standard shall be a minimum of one parking space for each dwelling unit, regardless of the number of bedrooms. An additional .25 parking spaces shall be required for each unit located on a site that is not served by adjacent on -street parking. SECTION 13. Adoption of Amendments to Section 20.127.130. Section 20.127.130 POMC is hereby amended as set out in Exhibit 5 hereto. SECTION 14. New Chapter 20.202 Adopted. A new Chapter 20.202 POMC is hereby adopted as follows: POMC 20.202 Off -site Improvement Requirements. 20.202.001 Purpose. The purpose of this chapter is to specify requirements for off -site improvements serving various development activities under the Building Codes and to establish limits and parameters for requiring off -site improvements when imposed outside of SEPA, CUP, or other development review processes. This chapter seeks to protect the public health, safety and general welfare of the public, to ensure safe walking conditions, pedestrian connectivity, and ADA accessibility. 20.202.002 Scope. (1) This chapter applies to the following activities under the IBC and IRC: a. New Construction or Moved Buildings. b. Additions to existing buildings. b. Changes of occupancy classification. d. Remodels and Alterations. (2) Proposed improvements within a public right of way shall require the submittal of plans completed by a professional civil engineer and/or surveyors licensed in the state of Washington consistent with the state licensure requirements and engineering best practice. In addition, all work shall be compliant with the City of Port Orchard Public Works and Engineering Standards and Specifications. 20.202.003 Definitions. "Off -site Improvement" is defined as an improvement to public right of way adjacent to, along the frontage of, or in proximity to proposed development and may include Page 28 of 287 Back to Agenda Ordinance No. _ Page 12 of 17 cement concrete curb and gutter, driveway, sidewalks, curb ramps, paving, pedestrian or bicycle pathway(s) (in lieu of sidewalks in accordance with transportation plan), safety measures, other right-of-way elements (such as streetlighting, landscape strip, etc.), and drainage improvements. 20.202.004 Off -site Improvements. (1) Off -site improvements shall be required for all New Construction, Additions, Change of Occupancies as defined in Chapter 3 of in the International Existing Building Code, Moved Buildings, and Remodels/Alterations to existing buildings. The maximum level of off -site improvement that may be imposed by project type is shown in Table 20.202, however this limit shall not apply to projects that have limits or conditions imposed by SEPA, CUP, or other conditioning documents. The City shall determine the order of preference when determining off -site improvement requirements, considering the general health, safety, and welfare and environmental protection as primary objectives. Secondary objectives may include considerations for transportation corridors and proximity to schools and parks. Projects involving more than one project type (New Construction, Additions, Change of Occupancy, and/or Remodel/Alteration) shall apply the most restrictive criteria in Table 20.202. The Director or designee is authorized to interpret, establish, modify, or eliminate the off -site improvement requirements shown in Table 20.202 for individual cases where there are practical difficulties (such as critical areas or steep topography) involved in the implementation of the requirements of this chapter. The Director or designee, shall determine the order of preference when determining off -site improvement requirements, considering health, safety, and welfare, along with environmental protections as the primary objectives. Table 20.202 Offsite Improvement Determinations. Project Type Threshold Off -site Improvement Requirement (ii) (v) New Construction Commercial All new and No Limit Defined. (includes multi- moved buildings Improvements to family 3 or more be determined by units) (iii) the Director. Single family All new and No Limit Defined. Page 29 of 287 Back to Agenda Ordinance No. _ Page 13 of 17 and two-family moved buildings Improvements to dwellings. be determined by the director. Fee - in -Lieu available pursuant to POMC 20.202.005. Single family All new and None required. and two-family moved accessory buildings. structures and garages. Additions Commercial 50% or greater No Limit Defined. Large (iii) increase in floor Improvements to area. be determined by the Director. Commercial Less than 50% Offsite Small (iii) increase in floor improvement area. requirements up to 20% of additional valuation based on the adopted ICC Building Valuation Table. Single-family Additions None required. and two-family dwelling Change of Occupancy Large (iii) Change of Off -site occupancy Improvements classification to limited to the 50% or more of greater of the the building. following: -20% of the remodel valuation (iv) Page 30 of 287 Back to Agenda Ordinance No. _ Page 14 of 17 -20% of the change in the building valuation based on the most current ICC Building Valuation Table. Fee -in -lieu available pursuant to POMC 20.202.005. Small (iii) Change of Off -site occupancy Improvements classification to limited to the less than 50% greater of the but greater than following: 10% of the -10% of the building. remodel valuation (iv) -10% of the change in the building valuation based on the most current ICC Building Valuation Table. Fee -in -lieu available pursuant to POMC 20.202.005. Exempt Change of No off -site Occupancy improvements classification to required. 10% or less of the building. Remodel/Alternations Large (iii) Remodel Off -site valuation 50% or Improvements up greater than ICC to 20% of the Page 31 of 287 Back to Agenda Ordinance No. _ Page 15 of 17 building valuation. remodel valuation. (iv) Fee -in -lieu available pursuant to POMC 20.202.005. Small (iii) Remodel Off -site valuation less Improvements up than 50% but to 10% of the greater than remodel 10% of ICC valuation. (iv) building Fee -in -lieu valuation. available pursuant to POMC 20.202.005. Exempt Remodel No off -site valuation 10% or improvements less than ICC required. building valuation. Or, Water or Fire Damage repairs that are valued at less than 50% of the ICC building valuation. i. The director or designee may alter, lower, and impose additional requirements as needed to protect health, safety, and general welfare of the public. ii. Costs for utility construction or relocation may be included in the owner/developer's percentage of off -site improvements requirements. iii. For campus sites, the director shall determine the required frontage improvements. iv. The remodel valuation limit shall be defined as the estimated construction cost of the project submitted by the contractor or owner at the time of building permit submittal as a percentage of the most recent version of the International Code Council Building Page 32 of 287 Back to Agenda Ordinance No. _ Page 16 of 17 Valuation Data. The estimate shall detail all major cost elements of the project. The remodel valuation limit shall not apply to projects that have requirements imposed by SEPA, CUP, or other conditioning document. v. The project cost limits above shall not apply to projects which are eligible for a transportation impact fee credit under POMC 20.182. (2) The following development standards and related off -site improvements shall apply to all applicable project types listed in Table 20.202. a. Alleys. When a lot adjoins an alley or street intersection, improvements shall also be installed at the alley or street intersection. Alleys shall be installed to City of Port Orchard Standards when any access to the site is provided from the alley. b. Off -site improvements are dependent on the project type and threshold listed in Table 20.202 and shall require the development of cement concrete curb and gutter, driveways, sidewalks, and curb ramps, paving, safety measures, other right-of-way elements (streetlighting, landscape strip, etc.), and drainage of all dedicated streets along the lot frontages, except, in cases where the topography or other conditions make it impractical. c. Access to property. Driveway approaches shall be in accordance with the PWESS. Public roads fronting the property shall be comprised of an all-weather surface or will need to be paved to provide an all-weather surface. d. Where a site has existing improvements such as sidewalks, curbs, gutters, and paving, these improvements shall be replaced if they are non-ADA compliant, broken, damaged, or hazardous. Pavement shall also be required to be replaced when it does not meet the current standard pavement section for residential or arterial streets contained in the PWESS. SECTION 15. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 16. 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 parts of this ordinance. SECTION 17. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. Page 33 of 287 Back to Agenda Ordinance No. _ Page 17 of 17 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 22nd day of June 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: EXHIBITS: 1. Downtown Subarea Plan 2. Amended City Zoning Map 3. Amended Land Use Element of the Comprehensive Plan 4. Amended POMC 20.39.040 (Use Table) 5. Amended POMC 20.127.130 (Community Design Framework Maps) Page 34 of 287 Y of now, yam PROJECT INFORMATION Port Orchard is a small but growing city in the Puget Sound region of Washington State. It enjoys an outstanding natural setting in close proximity to major urban employment centers. This setting and its role as Kitsap County Seat, Port Orchard has the opportunity to be an important regional center for growth. Keeping these opportunities in mind the Department of Community Planning at City of Port Orchard, along with its consultants are conducting a subarea plan and planned action EIS for the Port Orchard Downtown and County Government Campus. These areas have land uses and conditions that are unique to the City and would benefit from the subarea process as they will need to accommodate a proportionate share of the City's growth allocation in accordance with Vision 2050. The subarea and planned action EIS planning process will address issues such as current land uses, development capacity, future development mix and location of densities and uses, transportation, utilities, public facilities, amenities, and natural resources. The result of the planning process will be a subarea plan which will be incorporated in the City Comprehensive Plan. The subarea plan requires early and continuous public participation consistent with RCW 43.21 C.420. The planned action EIS shall meet the requirements of RCW 43.21 C.440(1) (b)(ii). The subarea plan and planned action EIS, which will be partly funded by an E2SHB 1923 grant administered by the Washington State Department of Commerce, must also comply with the requirements of the Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 248, Laws of 2019). Additionally, the subarea plan shall address the PSRC Countywide Center criteria. Page 37 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 ACKNOWLEDGMENTS City of Port Orchard Department of Community Development 216 Prospect Street Port Orchard, WA 98366 planning @cityofportorchard.us Mayor: Robert Putaansuu City Council Members: Bek Ashby John Clauson Fred Chang Cindy Lucarelli Scott Diener Jay Rosapepe Shawn Cucciardi Planning Commission: Trish Tierney Stephanie Bailey Annette Stewart Mark Trenary David Bernstein Phil King Joe Morrison City Staff: Nicholas Bond, AICP, Director Keri Sallee, Long Range Planner Jim Fisk, Associate Planner Stephanie Andrews, Associate Planner Contact: Nick Bond nbond@cityofportorchard.us Keri Sallee kSallee@cityofportorchard.us Page 38 of 287 Final: May 18, 2021 AM Urban Design, Architect Real Estate and Economic Analysis GGLO Heartland 1301 First Avenue, Suite 300 1301 First Avenue, Suite 200 Seattle, WA 98101 Seattle, WA 98101 Contact: Contact: Jeff Foster Mark Goodman jfoster@GGLO.com mgoodman@htland.com Mitch Ptacek mptacek@gglo.com Civil Engineer - Sanitary Sewer and Water Infrastructure Engineers and Environmental Services BHC Consultants, LLC 1601 Fifth Avenue, Suite 500 EA Engineering, Science and Technology, Seattle, WA 98101 Inc., PBC Contact: 2200 6th Ave #707, John Gillespie Seattle, WA 98121 john.gillespie@bhcconsultants.com Contact: Rich Schipanski rschipanski@eaest.com Transportation Engineer Transportation Solutions, Inc. Civil Engineer - Storm Water 8250 165th Ave NE, Suite 100 Redmond, WA 98052 Reid Middleton, Inc. Contact: 728 134th Street SW, Suite 200 Andrew Bratlien Everett, WA 98204 andrewb@tsinw.com Contact: Julian Dodge jdodge@reidmiddleton.com Page 39 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 5 CONTENTS Back to Agenda 09 SECTION 1 - INTRODUCTION 1.1 INTRODUCTION 1.2 STUDY AREA 1.3 PSRC FRAMEWORK 15 SECTION 2 - EXISTING CONDITIONS SUMMARY ANALYSIS 2.1 HISTORY 2.2 RECENT ACHIEVEMENTS AND CURRENT PLANNING 2.3 EXISTING BUILT FORM AND CONTEXT 2.4 PREVIOUS PLANNING EFFORTS 2.5 EXISTING LAND USE AND ZONING 2.6 CIRCULATION, ACCESS AND PARKING 2.7 UTILITIES 2.8 ENVIRONMENT AND OPEN SPACE 2.9 MARKET CONDITIONS ASSESSMENT 2.9.1 ECONOMIC PROFILE 2.9.2 DEVELOPMENT PIPELINE 2.9.3 BUILD -ABLE LANDS 2.9.4 BASELINE ASSESSMENT AND ACTIVITY UNITS 2.9.5 MARKET YIELD ASSESSMENT 59 SECTION 3 - DRAFT SUBAREA PLAN GOALS AND VISION 3.1 PROPOSED ALTERNATIVES 3.2 URBAN DESIGN FRAMEWORK 3.2.1 WEST DOWNTOWN 3.2.2 EAST DOWNTOWN Page 40 of 287 Final: May 18, 2021 I. Back to Agenda NTS 3.2.3 COUNTY GOVERNMENT CAMPUS 3.3 LAND USE AND HOUSING 3.4 ENVIRONMENT AND OPEN SPACE 3.5 CIRCULATION, ACCESS, AND PARKING SECTION 04 - APPENDIX A - PUBLIC OUTREACH PLAN AND OUTREACH SUMMARY B - HEARTLAND ECONOMIC PROFILE AND BUILD -ABLE LANDS ANALYSIS Page 41 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 7 INTENTIONALLY LEFT BLANK Page 42 of 287 Final: May 18, 2021 SECTION C Back to Agenda I O N 1.1 Introduction 1.1. PLAN BACKGROUND AND CONTEXT The 2014 City of Port Orchard periodic Comprehensive Plan update incorporated a new "centers" strategy to guide future planning and designated the first ten "local centers" (See section 2.7 of the Port Orchard Comprehensive Plan). The Centers strategy evolved from the State Growth Management Act of the early 1990's as a means to combat urban sprawl development patterns that defined the post-war era. This strategy strives to accommodate growth in designated areas while preserving the existing character of the community, thereby retaining more open space and the dominant pattern of existing development. The centers approach to planning is provided in Vision 2050, the regional plan completed by the Puget Sound Regional Council, and in the County -wide Planning Policies adopted by all jurisdictions in Kitsap County. The latest Comprehensive Plan designated eight "countywide centers" and four designated "local centers". In addition, the City identified the Downtown and the County Campus as a potential candidate for a Regional Center designation under Puget Sound Regional Council Vision 2050. This plan addresses how the City will meet Center goals through appropriate land use designations, annexation, development of capital facilities and utilities, and related measures. In late 2019 the City received a Department of Commerce E2SHB 1923 Grant intended to develop plans and actions that will increase residential building capacity. The grant provided partial funding for the City of Port Orchard to contract with consultants to complete the Downtown and County Campus Centers Subarea Plan and planned action EIS. The Center boundaries identified in the Comprehensive Plan do not meet the latest PSRC requirements for Regional Centers. After consultation with PSRC it was decided to expand the study area boundary to identify recommendations of expansion of the current Centers. The City and their consultants explored design alternatives for the subarea to be analyzed under the Environmental Impact Statement (See Section 3). Due to most of subarea being previously developed land, the alternatives include a single redevelopment plan for the East Downtown, West Downtown, and Government Campus while considering different programmatic approach to identified developable lands. The alternatives considered are as follows: • Alternative 1 - No Action • Alternative 2 - Residential Focus • Alternative 3 - Mixed -Use Focus COMMUNITY AND STAKEHOLDER ENGAGEMENT This original Public Participation Plan (See Appendix A) was developed just prior to state and local mandated closures to prevent the spread of corona -virus. This resulted in project delays and the cancellation of the City's plans to conduct in person workshops with neighborhood residents and property owners. The City has instead relied on internet surveys and public hearings before the Planning Commission that were held remotely. INITIAL GOALS 'Establish a vision for a vibrant urban center that is economically feasible and context sensitive' The city is defined by its physical and social environments and the ways in which they are connected. This subarea plan seeks to lay out a vision for Port Orchard that is founded on connectivity and the idea that stronger connections will ultimately lead to a stronger community. The following initial goals were derived from City of Port Orchard Department of Community Development initial project definition goals summary: • Develop a Subarea Plan that establishes a vision for Port Orchard as vibrant urban center that supports denser residential living in a walkable neighborhood. • Increase Housing supply consistent with the goals of E2SHB grant. • Focused growth in designated centers to support residential living in walkable neighborhoods. • The plan should meet the PSRC criteria for designation as a countywide center. • Prepare a Planned Action EIS to identify potential SEPA regulatory compliance barriers and encourage economic development. • Plan for the City of Port Orchard to accommodate growth as a proposed high capacity transit community under Vision 2050. Page 43 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 SECTION 01 1 INTRODUCTION 1.2 Study Area City of Port Orchard Centers • County Campus • Downtown Study Area • 329 total acres Principle Arterials • Bay Street & Bethel Ave • Port Orchard and Mitchell Streets Existing Land Use • Neighborhoods - Residential • Private Property / Commercial Uses • Government - City / Kitsap County • South Kitsap High School • Marina Waterfront Targeted Redevelopment Areas • West Downtown Waterfront • East Downtown Waterfront • Sidney Ave and Cline Ave • County Campus 6 ` p4 4P RAC A ' & � A @@t K y R • Downtown e Plan Center ;�..�- ,•�; �• �A` d ■ r — y - � ill .•.Claw �r.•j' f n ® d � -- • .. Y e��dv .' aaaY■ a. g County Campps �__ F- .,' z •"Plan Center,--"-.s1.0. 4 9 v :.■:6 I I �' `'-e A' r�, s ! v. A� Y!• � i`- .ejrA egy.�F � � .s ! �+,g 1 FWY 1 •q • - ■ ; � � ai11 g al'I Ir II i a �• �.,bi.:iL�,,:S�tid__•.:i�'alai tea.._ ��;�;;:�.A` �' � •° Z ! STUDYAREA MAP AND PREVIOUS COMPREHENSIVE PLAN CENTERS SCALE: 1 " = 1000' Page 44 of 287 Final: May 18, 2021 10 SECTION C Back to Agenda I O N DEFINING THE SUBAREA BOUNDARY The original Subarea Boundary consisted of the Downtown and the County Government Campus Centers as delineated in the Comprehensive Plan. After initial evaluation and consultation with the City and PSRC three additional study area boundaries were developed for consideration. The goals of the study area boundary evaluations included: • Include sufficient context to allow the plan to include a holistic approach. • Preference for boundaries to cross streets such that planning can encompass a corridor approach. • Provide sufficient developable land inventory. • Provide a strong basis for a future PSRC Regional Centers Application. €: •. � wEgwy�� •_�,,• F • r Tif 119.82 Acres rr .R Original Centers .......... T ji• S Al a", 1 The selected subarea boundary is a combination of option 1 and option 3. The selected boundary Guidance from PSRC suggested that it would be easier to reduce the boundary for a centers application than it would be to propose a large application boundary than what was previously studied. While the study area is extensive (329 acres), changes will not be proposed in all areas. Planned development is envisioned to primarily occur in or near the existing urban centers, along existing principle Arterials, and at currently underutilized parcels (see Section 2 and enclosed Appendix B). Z s ion ,L g j % v ; � •, r � � 20].83 Acres t upcion z Ur19 r 1 it air' � i ■ :� •�� w t,� • •• .P • r Er` 222.89 Acre 3 •'� tirrlt'f City of Port Orchard 2019 Urban Center Alternatives Urban Center Options Option =a 3 Cfty of Part Or -- Depa—nt of Common ty Development 216 Proapeci Street P.0 O—W M 98366 Ph.ne (366) 876 033 Fax (360) 8M4980 trofp non r STUDYAREA OPTIONS O SCALE: N.T.S. Page 45 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 11 SECTION 01 1 INTRODUCTION 1.3 PSRC Regional Centers Framework SUBAREA BOUNDARY r )PULATION AND EMPLOYMENT The City has no designated Regional Growth centers at this time, but the Downtown and County Government Campus Centers are being considered as a candidate for a future combined regional growth center. The selected subarea boundary does not meet the PSRC existing activity unit requirements, but it will identify the location of potential future capacity. URBAN GROWTH COUNTYWIDE CRITERIA • Existing density - 18 activity units per acre minimum • Planned target density - 45 activity units per acre minimum • Mix of uses - Regional growth centers should have a goal for a minimum mix of at least 15% planned residential and employment activity in the center. • Size - 200 acres minimum - 640 acres maximum • Transit - Existing or planned fixed route bus, regional bus, Bus Rapid Transit, or other frequent and all -day bus service. May substitute high -capacity transit mode for fixed route bus. Service quality is defined as either frequent (< 15-minute headways) and all -day (operates at least 16 hours per day on weekdays) -or- high capacity • Market potential - Evidence of future market potential to support planning target • Role - Evidence of regional role • Clear regional role for center (serves as important destination for the county) • Jurisdiction is planning to accommodate significant residential and employment growth under Regional Growth Strategy COUNTYWIDE CENTER CRITERIA • Identified as a countywide center in the countywide planning policies • Located within a city or unincorporated urban area • Demonstration that the center is a local planning and investment priority: • Identified as a countywide center in a local comprehensive plan; subarea plan recommended • Clear evidence that area is a local priority for investment, such as planning efforts or infrastructure • The center is a location for compact, mixed -use development; including: • A minimum existing activity unit density of 10 activity units per acre • Planning and zoning for a minimum mix of uses of 20 percent residential and 20 percent employment unless unique circumstances make these percentages not possible to achieve. • Capacity and planning for additional growth • The center supports multi -modal transportation, including: • Transit service • Pedestrian infrastructure and amenities • Street pattern that supports walkability • Bicycle infrastructure and amenities • Compact, walkable size of one -quarter mile squared (160 acres), up to half -mile transit walkshed (500 acres) Alternate Subarea Study Boundaries (PSRC Existing Conditions Analysis) Total Population Covered Employment Total Acres* Activity Units/Acres Option 0-Current Comp Plan 733 1,607 120 20 Option 1 1,275 2,113 259 13 Option 2 1,163 2,018 208 15 Option 3 1,424 1,697 223 14 Option 4 - Selected Subarea Study Boun 1,806 dift1 329 12 Source: PSRC, 2020 TOTAL ACRES: PSRC references the total acreage of the Study Area, which includes the gross parcel and public right of way acreage. Analysis contained later in the report referencing gross and net buildable lands does not include existing public right of way. Page 46 of 287 Final: May 18, 2021 12 SECTION C Back to Agenda I O N INTENTIONALLY LEFT BLANK Page 47 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 13 INTENTIONALLY LEFT BLANK Page 48 of 287 Final: May 18, 2021 Back to Agenda 2 Existing Conditions Page 49 of 287 Final: May 18, 2021 INTENTIONALLY LEFT BLANK Page 50 of 287 Final: May 18, 2021 SECTION 02 1 EX Back to Agenda DNS 2.1 History ,A. HISTu.,. OF PORT ORCHARD The City acknowledges that the Port Orchard and the broader Kitsap Peninsula is home to two Native American tribes, the Suquamish Tribe and the Port Gamble S'Klallam Tribe. The City of Port Orchard and Sinclair Inlet are within the Tribe's adjudicated Usual and Accustomed (U&A) fishing, hunting and gathering area. The Tribe has a strong historical and present connection in Sinclair Inlet that is significant and well documented. Ethnographic and archaeological evidence demonstrates that the Suquamish Tribe inhabited the area in and around Port Orchard and Sinclair Inlet and has utilized its natural resources (including fish and shellfish) for thousands of years. Sinclair Inlet has been and continues to be an important cultural, historical, economical, and a place of well-being of the Suquamish Tribe. Significant tribal salmon fisheries exist in the inlet. Port Orchard, located in south Kitsap County, was platted as Sidney in 1886 by Frederick Stevens who wanted to name the future town after his father, Sidney Merrill Stevens. He chose a site on the southern shore of the Sinclair Inlet, part of Port Orchard Bay. Sidney quickly became known for its lumber industry, pottery works, small businesses, and agricultural opportunities. In 1890 it became the first town to incorporate in Kitsap County. Sidney residents took an active role in bringing the Puget Sound Naval Station (later Puget Sound Naval Shipyard) to Kitsap County. The navy employed many residents of Port Orchard and greater Kitsap County from the turn of the century onwards, and became the most important employer in the county. In 1893, after building a courthouse and donating it to the county, Sidney was chosen as county seat. After 1903, Port Orchard continued to grow due to the expansion of the naval yard during the Great Depression, World War II, the Korean War, and the 1960s, and due to Port Orchard's reputation as a quiet waterfront community located in a beautiful environment and close to Seattle. 1950's Street in Port Orchard, WA _ F 1940's Kitsap County Court House 1970'a Port Orchard Marina 1908 Ferry Docks Page 51 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 15 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.1 History SINCLAIR, INLET Commercial Filled Tidelands City ' County Bldg \� Port Orchard Blackjack Blvd Ravine Creek / Ravine Historic Geographic Influenced Development Pattern Westbay 160 L Upland Bluff 1/(pk' .M e Page 52 of 287 Final: May 18, 2021 16 SECTION 02 1 EX Back to Agenda DNS NATURAL FEATURES AND GEOGRAPHY The geography and natural landscape of Port Orchard is defined by its waterfront on Sinclair inlet, the multiple stream ravines, and the steep topography that divides them. Just as these stream valleys bring rains to Sinclair Inlet, the valleys at Port Orchard Boulevard and Bethel Avenue now discharge residents and visitors into the West and East Downtown as they travel from the uphill and inland neighborhoods. The original waterfront shoreline was generally located at the current site of Bay Street prior to the infill of historic waterfront tidelands. These filled lands present a challenge potential redevelopment due to flood risks, poor soil conditions, and a high water table farrT terminal rocery k produce mov, tag e� St livery navy Viei r hotel dance ha ° ®" i 1t r 0 it V Historic Waterfront Figure -Ground - 1914 I If 4 i ILI Historic Waterfront Figure -Ground - 1982 Page 53 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 17 SECTION 02 1 EXISTING CONDITIONS 2.1 History 1994 O 1908 - Port Orchard - Ferry Docks 18 1950's - Port Orchard - Bay Street Page 54 of 287 Final: May 18, 2021 SECTION 02 1 EX Back to Agenda DNS 2020 - Port Orchard - Ferry Docks 2020 - Port Orchard - Bay Street Page 55 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 19 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.2 Existing Built form and Context The analysis has identified three distinct areas within the broader study area, the West Downtown, the East Downtown and the County Government Campus. All three areas have a different built -form and character. They areas are divided by the geographic barriers including the change in topography between West Downtown and the County Campus, and the Blackjack Creek Ravine between the County Campus and Bethel Corridor. The West Downtown Neighborhood The West Downtown Neighborhood is the current and historical cultural and civic hub of the community. Its is also the recreational hub with ferry connections to the neighboring cities. The area includes a mix of land uses like the City Hall and public library, the Kitsap Bank and restaurants and retail services. Restaurant and Retail along Bay Street The East Downtown Neighborhood The East Downtown is geographically separated from the West Downtown and was developed later with a more auto - centric development pattern. The neighborhood includes a mix of commercial uses from the junction of Bay Street and Bethel Ave and the waterfront. Further it extends in south to Mitchell Corridor which is higher in density with a mixture of single-family homes surrounding South Kitsap High School. Single Family Homes Around Mitchell Corridor County Campus The Kitsap County Government campus is both the heart of the Center and the City's largest employer. The Port Orchard Blvd and Black Jack Creek valley's along with the historic steep shoreline isolates the Center from the Downtown. The County Campus is surrounded by single family houses separated from the campus by Sidney and Cline Ave which are also the neighborhood arterials providing vehicle and transit access to downtown. Single Family Homes Around County Campus Page 56 of 287 Final: May 18, 2021 20 SECTION 02 1 EX Back to Agenda DNS Ad �1W W' s w �� .a'E• �rtis �' ■. .3r .. 1� e, ° __ °r a .r •,�. W e"': "` g d`7 � ° — - - + f P1 !• B t ■■ ■ Ir FIR Geographic Districts Map O Page 57 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 21 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.3 Recent Achievement and Current Planning BAY STREET PEDES I KIAN PATHWAY The City of Port Orchard is constructing a new 1.0 mile long multi -purpose path/trail, broken into 11 segments beginning at the downtown Port Orchard ferry facility and ending at the Annapolis ferry facility. The completed multi -purpose trail will become a part of the Mosquito Fleet Trail. A future extension is also being planned from downtown to east of Port Orchard blvd. This portion of the Mosquito Fleet Trail along Bay Street, also known as the Bay Street Pedestrian Pathway, will be a significant segment of the off -road link in the Mosquito Fleet Trail, which eventually will connect Kingston to Southworth along the eastern shore of Kitsap County. It will also provide a much needed recreational facility within downtown Port Orchard, and a safe alternative transportation mode for its citizens and workforce. Users are expected to include lunchtime walkers, bicycle commuters, families with children, and recreational cyclists on both organized and independent tours. The trail is also likely to experience heavy multiple use during special events organized and hosted by the City of Port Orchard. BAY/ BETHEL STREET INTERSECTION REDESIGN Roundabouts are safer than traditional traffic signals or stop sign controlled intersections, and they accommodate vehicles of various sizes, including emergency vehicles, buses, semi -trucks with trailers, farm and logging equipment. Studies show roundabouts reduce injury crashes by 75% at intersections where stop signs or traffic signals previously existed. Roundabouts improve the flow of traffic because users don't have to wait for a green light to get through the intersection. Other benefits of a roundabout include vehicles moving in the same direction which helps improve traffic flow. Roundabouts reduce maintenance and repair costs when compared to traffic signals. SOUTH KITSAP COMMUNITY EVENTS CENTER SINCLAIR INLET PPOP V M v uTr swvR[[nr[ �SiE.PNN ��•• �••�� w 0-- _-_..-i . �µw;:`-• SITE 6 '• i oPosen ,. .! i rcrrs.P a.nrc f r 4! /. r e • oPwa.r The South Kitsap Community Events Center (SKCEC) is a collaboration between the City of Port Orchard, and the Kitsap Regional library. Concepts suggested a 24,000-square- foot multi -use facility that includes 9,000 square feet for the new Library. In 2019, the Kitsap Public Funding District allocated up to $12 million in phased funding to support the p roj e ct. Under Rice Fergus Miller's guidance, a site has been selected at the corner of Bay Street between Port Street and Orchard Ave. Initial concepts placed the new facility in downtown Port Orchard with a project scope that would include shoreline restoration, public open space, and parking solutions. Page 58 of 287 Final: May 18, 2021 22 SECTION 02 1 EX Back to Agenda DNS WATERFRONT LIFT STATION AND PLAZA 2 IL New multi -use building The City of Port Orchard (City) uses its Marina Pump Station to collect all the City's wastewater and discharges it to the West Sound Utility District's (District) Wastewater Treatment Facility (WWTF). With the City's rapidly growing development, the Marina Pump Station must remain reliable and capable of handling the expected increased flow rates through projected build -out. The existing station is a critical piece of the City's sewer system and must remain effective during high flow events. Currently, the Marina waterfront is used frequently by the City's residents and visitors. When proposing alternatives to upgrade the Marina Pump Station, the City stressed the importance of maintaining the aesthetics of the waterfront environment for generations to come. This Predesign Report analyzes alternative pump station improvements based on current, future, and build -out peak hour flow rates, reliability, expected resiliency, and cost. PARKS PLAN UPDATE The City currently has approximately 70 acres of park area, as well as trails and other open space. However, the Parks Plan has not been substantively updated since 2011. Once updated, the Parks Plan will provide a 20-year vision for the City's parks, recreation, open space, and trails, as well as a 6-year action plan for implementing short- and medium - term steps to succeed in this vision. Steps in development of the Parks Plan update will include research, public involvement, and the creation of recommendations for all aspects of Port Orchard's park system, including a community demand, supply and needs analysis. The Parks Plan will also include a framework for fiscally sound decision -making over a multi -year planning period. The Parks Plan functions in coordination with the City's Comprehensive Plan and Shoreline Master Program. Page 59 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 23 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.4 Previous Planning Efforts SUMMARY As the team prepares to draft a subarea plan for the City of Port Orchard we reviewed the previous planning efforts done by the city. We found a lot of similarities in the recommendations of these planning efforts and we plan on addressing them in the Sub -area plan. Following are the planning efforts: 1. Comprehensive Plan of 1966 2. Port Orchard Waterfront Revitalization Plan Kasprisin Plan -1983 3. Downtown Port Orchard: Suggestion for Revitalization - 1999 4. Port Orchard: Economic Development Plan - 2004 MIM TWra %Vul=EFrf .3wS LM0Y :""* I�uy.r AMR"" PANke.aw ►�nan=raft �rcral _uiLt x i:A ti ilrsll %RW Ian l L'I PAW�.aa. kC& _.. ak,u 2004 Port Orchard Economic Development Plan - Streetscape and Pedestrian Connections Concept Plan Page 60 of 287 Final: May 18, 2021 24 SECTION 02 1 EX Back to Agenda DNS 2.1. PREVIOUS PLANNING EFFORTS 0 Awaterfront park and restaurant on the newly filled tidelands COMPREHENSIVE PLAN - 1966 • A new yacht club marina, boat sale are on filled In 1966, Port Orchard completed a comprehensive plan for tidelands at the north of Blackjack Creek the city and downtown area. As a point of reference, the redevelopment recommendations for the downtown and And an expanded, east -west commercial wall to the waterfront area are summarized below. north side of the existing Bay Street complex, a civic center / auditorium was included in the development. Key recommendations include: 0 A relocation of city hall to Sidney Street and the • A scenic waterfront beach drive, from the De Kalb Blackjack Creek extension (present by-pass proposal) Street right-of-way connecting to Bay Avenue East of . A new waterfront motel. the West Bay Commercial area. • A substantial fill of the tidelands along the waterfront from the De Kalb Street waterway to include Blackjack Creek and West Bay. —Ferry Auditorium Comprehensive Plan - 1966 Page 61 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 25 SECTION 02 1 EXISTING CONDITIONS 2.4 Previous Planning Efforts 2.1. rhtVIOUS PLANNING EFFORTS KASPRISIN PLAN - 1983 The objectives of this study are to develop recommendations for revitalization the downtown and waterfront areas of the City of Port Orchard. Key Recommendations: • Waterfront Drive • Substantial tidelands infill • Waterfront Park • Yacht Club and Marina • Expanded east -west commercial corridor • Relocate City Hall to Sidney and new highway bypass SR 160 • New waterfront motel Sidney Hotel Hill Climb S I� Kasperian Plan - 1983 • Building and landscape improvements • Return waterfront and stream right-of-ways to public use • Downtown as a historic marine center • Integrate plans with Kitsap transit • Prioritize by-pass • Waterfront pedestrian walkway • Visual access to the waterfront from upland areas • Prioritize water dependent / related uses on th waterfront • Improve connections to uphill neighborhoods through possible hill -climb and lookout at "Fort Hill" Page 62 of 287 Final: May 18, 2021 26 SECTION 02 1 EX Back to Agenda DNS I Blackjack Creek Pedestrian Bridge Blackjack Creeku West Bay111 P " f 4 .13 • � I I L � � r� f ° 'x / � "P, A. -` 9 I I I I J Page 63 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 27 SECTION 02 1 EXISTING CONDITIONS 2.4 Previous Planning Efforts 2.1. PREVIOUS PLANNING EFFORTS REVITALIZATION PLAN - 1999 In 1999, the University of Washington Department of Urban Design and Planning, prepared a revitalization strategy for downtown. This planning process included an opinion survey focused on the transportation and buying habits/preferences of individuals living in and passing through downtown Port Orchard. Key Recommendations: • Add strategic anchors • Up -zone to allow 24-30 dwelling units / acre • Increase height limits to 55' measured from Bay Street • Improve pedestrian connectivity Suggestion for Revitalization - 1999 • Develop mixed -use commercial pier along the waterfront P"A5E TWO dop Page 64 of 287 Final: May 18, 2021 28 SECTION 02 1 EX Back to Agenda DNS m Mouth of Blackjack Creek Mouth of Blackjack Creek Page 65 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 29 SECTION 02 1 EXISTING CONDITIONS 2.4 Previous Planning Efforts 2.1. t KEVIOUS PLANNING EFFORTS EDAW PLAN - 2004 The City selected a team of consultants led by EDAW, Inc. (urban design and planning) and including Property Counselors (market analysis) for these studies. Key Recommendations: • Frame the District. • Enhance the Streetscape • Strengthen the Sense of Place in the Core • Emphasize Port Orchard's Rich History • Activate the Area • Preserve and Reinforce View Corridors �1 • Better Connections with the Waterfront • Enhance Streetscape from Bethel to Port Orchard Boulevard • Strengthen Connections with the County • Create a Pedestrian Corridor for the Downtown Core • Tie Waterfront Park with an Expanded Waterfront Greenway O 3 N Marina y� larw t 0 j' r --in QIQPf Ij,� o� O�11 F�V N 2- �M rl — T � �� �L� 5 — _ � U �� ~ I a _ X >, DEKALB ST. ni— I , . - --- — + �. Page66 of 287 � Final: May 18, 2021 K 30 SECTION 02 1 EX Back to Agenda DNS 0PF`0KT N lTl E5 City Center - Specialty Retail Core Retain active on street uses 0 Underutilized - infill or redevelop; Encourage mix of uses, emphasis on residential ner core munni Marquee - Explore alternatives for Downtown idenity Encourage authenticity in architecture Enhance 5treet5cape - improve experience of pedestrians - visual enhancement of street corridor View Corridors - preserve views to water terminate views at Land mark features Activity Generators - Link and encourage development of added active uses ■ Parks * Greenways - Extend, enhance, maximize pedestrian linkages and water access Identity - 5torytellmg elements - add focus on art, ,r history, architecture Key Intersection - Enhance mtersection to provide focus and sense of place Downtown Gateway - Enhance landscaping to highlight entrance Ems-♦ a% e eae ^� Page 67 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 31 SECTION 02 1 EXISTING CONDITIONS 2.5 Existing Land Use and Zoning CUKKtN I LHIV LJ USE (_HA mHC I tK15 I ICS Updated in 2019, Port Orchard's adopted land use code takes a form based approach to establish standard procedures for all land use and development. The code attempts to foster predictable built results and a high -quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. Because the code does not include density limits such as maximum floor -area -ratios, we used assumed residential densities included in the City Comprehensive plan amendment to establish assumed residential densities. The primary land use designations within the study area is medium density residential and Mixed -use commercial, however the study area include nearly all land use designation. The study are also includes two large public facilities campuses, the Kitsap County Campus and South Kitsap High School. Most land in the city is devoted to housing. Commercial areas and the downtown offer a range of goods and services, provide employment for local residents and those living in surrounding rural areas, and provide additional tax revenue to help fund public services and facilities. Industrial lands allow for light manufacturing and warehousing businesses, which also provide job opportunities and support the area's economy. The Land Use element establishes goals and policies that seek to: • Accommodate changes in population and demographics • Encourage development in urban areas, reduce sprawl, and deliver services efficiently • Ensure land use designations reflect need and demand • Minimize traffic congestion and encourage the development of a multi -modal transportation system • Protect open spaces and the natural environment • Promote physical activity • Support a range of employment opportunities OVERLAY DISTRICT The city's development regulations include land use overlay districts which are applied in parts of the City, as summarized below. • Downtown Height Overlay District • Government/Civic Center District • View Protection Overlay District City of Part Orchard 1? ti Centers 4 { Annopo hs ' -IF.rujlSk_ L, ;il• r' lLL-_� _I 80%h01 Lund County Campus 11ownlum rg—& Lawar Mll11 9 HI{I I� hA�orml�k Y4onds Old CJftn Inn Park - SadgvAck Bethel Sedgwlck Sidney I� South Bethel Tremont ...I,.. i VAPOrMikHill Port Orchard Comp Plan Centers 32 Page 68 of 287 Final: May 18, 2021 SECTION 02 1 EX Back to Agenda Z)NS —T r� DOWNTOWN PORT ORCHARD CENTER Port Orchard's downtown is the cultural, civic, and recreational hub of the community. The downtown currently contains a mix of land uses, including Port Orchard's City Hall and public library, numerous retail and service businesses, a marina and ferry dock, public parking, and a waterfront park and trail. With access from the water and from state highways 3 and 16, it remains the City's primary center for community events and activities. The City continues to work toward a balance of historic preservation, environmental restoration, and economic improvement for the downtown center. Downtown Port Orchard coupled with the County Campus may be a future candidate as a regional center. As of 2018, the Downtown Port Orchard Center measured 70 acres containing 197 residents and 787 jobs. This equates to 14 activity units per acre under the PSRC Regional Centers Framework. COUNTY CAMPUS CENTER The City of Port Orchard has benefited from being the Kitsap County seat, as well as Kitsap County long serving as the City's largest employer. Kitsap County has proposed several phased development scenarios to provide options for the expansion of County facilities within the City of Port Orchard over the next 40 years. The District included land use and regulation proposals derived from the Kitsap County Campus Master Plan created in 2003, which was designed to accomplish the expansion of community facilities and allow uses that would serve to buffer the residential areas from the Campus. Page 69 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 33 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.5 Existing Land Use and Zoning LEGEND ® BUSINESS PROFESSIONAL MIXED USE (BPMU) RESIDENTIAL 1 (R1) COMMERCIAL CORRIDOR (CC) RESIDENTIAL 2 (R2) ® COMMERCIAL MIXED USE (CMU) RESIDENTIAL 3 (R3) GREENBELT (GB) RESIDENTIAL 4 (R4) PARKS AND RECREATION (PR) COMMERCIAL HEAVY (CH) P PUBLIC FACILITY (PF) ® GATEWAY MIXED USE (GMU) CIVIC AND INSTITUTIONAL (CI) ® DOWNTOWN MIXED USE (DMU) 0 NEIGHBORHOOD MIXED USE (NMU) � J r r—_—�— ►1 c,�r l O N '� ywF 1• e ■ p qy i r. r�F I KITSAP j ��~ z z z p �/ w� U DEKALB 0Q ��� w DEKAL.Fr i DWIGHT ! 1 I DIVISION I TAYLOR I O I I ! a SMITH 11 TAYLOR + i KENDALL �`�— PLISKO I 1 I MILE HILL I i I I I i-_—_----------- SROUFE I I Existing Zoning Map b N Page 70 of 287 Final: May 18, 2021 34 SECTION 02 1 EX Back to Agenda DNS LEGEND DOWNTOWN HEIGHT OVERLAY DISTRICT DHOD 3 DHOD 4 DHOD 5 VIEW PROTECTION OVERLAY DISTRICT � J t • — liOc / ►► Py �TO/V y4F E KITSAP I 1 - j .01 �-r z LU w Z'000 p r ♦/ w+----� �� " i z U DEKALB 0 Q w DEKALB--�—i v� DWIGHT ! 1 I DIVISION m r i Qf Ctf � 0 I TAYLORQf I O I I ! --- SMITH 11 TAYLOR I + i KENDALL �` PLISKO I I-%--�_- 1 I MILE HILL I i I I I i-_—_----------- SROUFE I I Existing Height Overlay Map b" Page 71 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 35 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.5 Existing Land Use and Zoning LEGEND STOREFRONT VARIED LANDSCAPED MARINE GATEWAY TRAIL 0 HIGH VISIBILITY CORNER Note: Dashed lines indicate conceptual planned streets or trails � J _ 1 �� ♦�^ r—_—�— ►1 l O N '� ywF 1• e ■ p qy i r. r�F I KITSAP j ��~ z z z p �/ w� U DEKALB 0 w DEKALB——i DWIGHT ! 1 I DIVISION I TAYLOR I O I I ! a SMITH 11 TAYLOR + i KENDALL �` PLISKO I 1 I MILE HILL I i I I I SROUFE I I Existing Block frontages Plan o• Page 72 of 287 Final: May 18, 2021 36 SECTION 02 1 EX Back to Agenda Z)NS 2.6 Circulation, Access and Parking VEHICULAK uxCULAI ivim mime f.CCESS Minor arterial roads serve as key elements in the county transportation system. These minor arterial roads link together state routes or connect the state route system to Port Orchard, to other major centers, and to the ferry system. For example, Bethel Road is a two lane north/south road located in eastern Port Orchard. As a north/south road, Bethel Road connects and intersects with Sedgwick Road, Lund Avenue, and SR 166. Bethel Road terminates in Port Orchard at Bay Street. Bay Street is the East-West connector for downtown waterfront. Cline Ave and Sydney Ave are the primary vehicle connectors for county campus and downtown Port Orchard. PEDESTRIAN CIRCULATION AND ACCESS There are an assortment of pedestrian facilities located throughout Port Orchard and its UGA. Pedestrian facilities include sidewalks, trails and designated crosswalks. The majority of sidewalks are located along commercial corridors and in some neighborhoods. However there are some breaks in the sidewalks, continuous sidewalks would improve the safety and utility of the pedestrian environment. TRANSPORTATION STUDY See existing conditions summary and EIS development analysis provided by TSI Traffic Engineers to be incorporated into the EIS and enclosed in the document appendix. Page 73 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 37 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.6 Circulation, Access and Parking .t Functional Classltic.aton Pnr1#jp4ffl A eltal #,r qor Arl;24W Vehicle Circulation and Access S-E� MILE H!11 *Reference TSI existing transportation conditions analysis for the Port Orchard Subarea Plan. (�N Page 74 of 287 Final: May 18, 2021 38 SECTION 02 1 EX Back to Agenda DNS N�nmoto[ite� Faeiii[ies $Ike Lane Mcaqurto Flee[ Trail S Sidewalk --- Sidewalk 101`e soek ---• planned MuMrmudal Pamway Planned Sidewalks and Bike Lane; Local Street Urban Genrer 10 / ` �-lAll I- 1/4 MILE, 5 MIN WALK do 1/4 MILE, 5 MIN WALK ' �r LU EL 1/4 MILE MIN WALK 1 F i Pedestrian Circulation and Access rhi _} Ole 000 Y Lu 5E AfilLfi H Rli �N *Reference TSI existing transportation conditions analysis for the Port Orchard Subarea Plan. Page 75 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 39 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.6 Circulation, Access and Parking Transit • Pcihl 4f Inrues! Park & Ride —�- Annapolis Fool Ferry Pod Orchard Fad Ferry Route 4 - Tramohl Route 5 - Sidney Route 8 - Bethel Routs 9 - South Park Route 81- Aahapolis Commuter Roa#e M-! rWhwnrlh ShvMose Purdy Gonnection CUrffanCentcr City 5veet Ferry Dock Transit Service Plan *Reference TSI existing transportation conditions analysis for the Port Orchard Subarea Plan. (:�N Page 76 of 287 Final: May 18, 2021 40 City of Port Orchard Half -Mile Buffer from Ferry Terry and Ferry Bus Drops FerryTerminal_Buffers Urban Growth Area = Port Orchard UGA High Speed Transit (Ferry Terminals) 112 Mile Buffer Map (i)N Page 77 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 41 INTENTIONALLY LEFT BLANK Page 78 of 287 Final: May 18, 2021 42 SECTION 02 1 EX Back to Agenda DNS 2.7 Utilities and Capital Facilities TRANSPORTATION See existing conditions summary and EIS development analysis provided byTSI Engineers to be incorporated into the Downtown Subarea EIS. STORM WATER See existing conditions summary and EIS development analysis provided by Reid Middleton Civil Engineers to be incorporated into the Downtown Subarea EIS. WATER SERVICE See existing conditions summary and EIS development analysis provided by BHC Civil Engineers to be incorporated into the Downtown Subarea EIS. SEWER SERVICE See existing conditions summary and EIS development analysis provided by BHC Civil Engineers to be incorporated into the Downtown Subarea EIS. Page 79 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 43 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.8 Environment and Open Spaces EXIS i iimu i ivima Port Orchard is a community which provides a full range of parks, recreation, open space, and ecosystem services by protecting native wildlife habitat, restoring and preserving natural systems, enjoying majestic marine and mountain views, and ensuring new development enhances the natural environment. The existing City parks system is supplemented by the schools of the South Kitsap School District, and the Kitsap County Parks and Recreation Department. EXISTING COMPREHENSIVE PLAN - PARK VISION The City of Port Orchard 2016 Comprehensive Plan Update identifies twelve (12) Centers. The vision of the Parks Element and Comprehensive Parks Plan is to ensure that every center contains and/or is connected to a park by safe non -motorized routes. The Port Orchard Parks and Trails map on the following page depicts existing park facilities in relation to the ten local centers as well as the planned trail connections between local centers depicted with dashed lines. Walking/jogging/running paths were a top priority identified in the 2015 Parks Survey. Connecting local centers and parks with safe non -motorized routes, including those in public right-of-way such as bike lanes and walking shoulders, will increase access to active transportation for all residents and benefit the entire community. The Non -Motorized section of the Transportation Element provides further detail on existing and future trails. Page 80 of 287 Final: May 18, 2021 44 SECTION 02 1 EX Back to Agenda DNS O City Boundary Flood Hazard Area ® 0.2%Annual Chance Flood Hazard ® FEMAZoneAE ® FEMAZoneA - Floodway Wetlands Watercourses Potential Wetlands Geologic Hazard Areas of Concern _ High Hazard Areas Bald Eagle Management Area 0 Waterbodies APLL ■� I J ' R ALY - F '' 1 K ST rn U _ a DE Lb ST r Q� D IG DWI HT ST DIVI ION T -i ! ;1 WEAN' ST � W U W DA ST Ara: ¢ AY IL W Y W -j O LOR ST TA LOR ST OLVES RD - Q� ,Z O =j SMI ST SET YLOR ST a . K NDA L ST P ISKO LN :-5 SROUFE ST U .L �— Lf _ Port Orchard Environmental Map LLI U) 0 J U) MI E HILL DF Page 81 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 45 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.8 Environment and Open Spaces .1� Public Park e r Natural Corridor - — - Bike/Ped Path i A, ■9 40� s 1# ea ■ Bay Street Pedestrian Pathway + ' •wjft draw ° * e Om / 1r - ,� 14 KITSAP ST ,;y' q iAla 04 dam. tdoA rsjaori RInep a I.., la. DEKALB ST z S ME'Sr 16, it *l/ 7 DWIGHT ST 4 � ----;E■ I.g t� a ra * � • All IF DIVISIplug BE ON ST Kit o p Irate I r �._ti 10 t i d .& Q ,_�■ tiA p Rw p ? TAYLOR ST K + Z =a ' qIrllm a EE ru AIL 4. 9 in �4 - .mod • �.9;EL or- e ------------ a I *'� f------------ ;'� 4• Ia -4 r rd r ww EEEEA 40 26 so x elm am 9 j .r%6 m t t @ w ak r# tK JI M M r Ip E-A 1 ► - � y pa wr Parks and Natural Open Space Corridors n. t. s. Page 82 of 287 Final: May 18, 2021 46 SECTION 02 1 EX Back to Agenda DNS SHORELINE MASTER PROGRAM The City of Port Orchard classification system consists of five shoreline environments that are contained in the recommended classification system identified in WAC 173- 26-211(5). The State's Shoreline Master Program Guidelines describe the purpose of environment designations in WAC 173-26-191(1(d)). Shoreline management must address a wide range of physical conditions and development settings along shoreline areas. Effective shoreline management requires that the Shoreline Master Program prescribe different sets of environmental protection measures, allowable use provisions, and development regulations for each shoreline segment. Assigning shoreline designations, each with different policies and regulatory measures, provides a regulatory framework for environmental protection and development depending on the development and resources present in specific areas. Please note, shoreline use and development determined by the Department and classified by the Administrator is regulated under one or more of the following applicable sections. SHORELINE DESIGNATION AND FLOOD ZONE The study area includes High Intensity and Urban Conservancy shoreline designations. In addition to the shoreline designations the study area has a history of flooding during high tides, king tides, and storm events. The prevalence of flooding events is expected to increase due to anticipated sea level rise. Legend NATURAL - URaAN CON5ERVNdGY - HIGH 144TENSITY SHORELINE RES.IDENRALL Shoreline Segment Lines ICI OIL uoa City Boundary wakwbedies Page 83 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 47 INTENTIONALLY LEFT BLANK Page 84 of 287 Final: May 18, 2021 48 SECTION 02 1 EX Back to Agenda DNS 2.9 Market Conditions Assessment A detailed study of Economic Profile and Capacity Analysis can be found in the Section 06 - Appendix under B - Heartland Economic Profile and Build -able Lands Analysis dated 6th June 2020. 2.9.1 Economic Profile POPULATION GROWTH • Current and Historical (Source: Washington OFM) *flag years with annexations • Foretasted (PSRC Forecasts) • Overall Port Orchard has added over 3,613 residents since 2010 • The City's growth rates was higher than other Kitsap County communities and the County in part due to annexations. FORETASTED POPULATION GROWTH • Currently available forecasts produced by the Puget Sound Regional Council (PSRC) call for an additional 7,146 residents in Port Orchard by 2040 • Neighboring Bremerton is anticipated to add more than 25,000 new residents during the same time period. DEMOGRAPHICS • Composition (family households vs non -family) • Housing tenure • Age • Gender • Race and ethnicity - Port Orchard's population is more racially diverse than Kitsap County - Port Orchard, Bremerton and Silverdale share similar levels of racial diversity. • Household income - Port Orchard has a median household income of over $70,000 - Port Orchard's median income is slightly lower than the median income for Kitsap County, but exceeds that of neighboring Bremerton. • Educational attainment - Over one-third (36%) of Port Orchard's population has college degree (Associates, Bachelors or Graduate/Professional). This is five percentage points below Kitsap County as a whole. - Just under 10% of the total population of Port Orchard has not graduated high school. This is higher than all the comparison geographies. HOUSING INVENTORY IN THE STUDY AREA (ASSESSOR) • Housing growth in the City • Number of housing units by Type (single, multifamily, mobile, group quarters) • Port orchard has added 1,379 housing units inclusive of annexations, since 2010, an average of over 150 units peryear HOUSEHOLD COMPOSITION • Port Orchard has the highest percentage of family households of the comparison geographies. • Family households make up to 68% of households in Port Orchard, which is slightly higher than Kitsap County • Non -family make up almost half of Bremerton household composition. • Single family housing is the predominant existing land use in the study area (38% of land) • Single family housing represents 62% of total housing inventory (by unit) • There are 742 housing units in the study area Page 85 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 49 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.4.2 Development Pipeline DEVILLUr-ivir-N I' Firr-L111JIL The Map Below illustrate the development pipeline, representing projects that are known to be in planning or permitting stages of development. All parcels in the development pipeline were excluded in the gross build -able land area calculations in Step 1. lot ell M ti ILI 41L Stidy Area ........... PpOlne J Development Pipeline Page 86 of 287 Final: May 18, 2021 50 SECTION 02 1 EX Back to Agenda DNS KITSAP BANK CAMPUS MASTER PLAN Planning for the redevelopment of the existing Kitsap Bank Campus, to revitalize and create a sense of place on the Port Orchard waterfront. Design of the waterfront will capture beautiful views of the surrounding Puget Sound and Olympics. Elements of the redevelopment include a blend of public and private spaces; residential over commercial, office and community centers surrounded by parks and open waterfront spaces. Organic themes are drawn from the natural beauty of the site, incorporating warm woods, stone and natural materials into the architecture and landscape. Mitigation of stormwater is integral to landscape planning and incorporated into the overall site plan in functional and aesthetically pleasing design. The entire project is planned for phased redevelopment. OAK 429 BAY STREET 1 COUNTY COURTHOUSE The purpose of the Kitsap County Campus Master Plan is to provide for the expansion of County facilities on the Port Orchard Campus over the next 40+ years. This Plan provides phased development scenarios to en -sure that the County has options for expansion and includes recommended zoning changes to facilitate this expansion. This Plan offers suggestions for design guidelines that the City and community may want to pursue in order to further shape future public and private development. The development of a mixed -use building located at 429 FT Bay Street consisting of 39 residential units, 500 square feet of commercial space with enclosed parking provided on the L.d. ground. I _.i. li AFFA� LOJI Page 87 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 51 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.4.3 Exiting Buildable Lands The map below, highlight both the net vacant and redevelopable lands along with the planned development pipeline. These maps indicate where future development capacity is located within the Study Area. t j W � { 1� ti y ' Irwl WJ �il� i r. r . AM IFJ t i e _ a I AW IF Capacity by Land Use Category 3.......E Study Area yacanURed-evelopable MIXED USE ZONE CIVIG+4PEN SPATE ZONE M M ERGIAL ZON E RE$IpENTAL ZON+ Page 88 of 287 Final: May 18, 2021 52 SECTION 02 1 EX Back to Agenda DNS r 'r AF r� F +'RTIT y�� „ ,,,... 2 L � f _ i 1 i C c _ D. ......... Capacity by Vacant and Redevelopable Land 4W L SUAy Area Va[anURedeve"able SiO�le-FaH, kI UEM19lLy UnnerIARRod Page 89 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 53 SECTION 02 1 EXISTING CONDITIONS 2.4.3 Build -able Lands BVILUHDLC LHINU HrCCA The gross buildable land area is the sum of all land area for all parcels meeting one or more of the criteria listed to the right. This does not include existing public right of way which accounts for approximately 85 acres of land within the Study Area. Certain parcels were excluded from this calculation to improve the accuracy of the analysis (see Parcel Exclusions). City of Port Orchard Review. In addition, the City of Port Orchard conducted a detailed review of the study area to inform designation of vacant and redevelopments parcels and to better reflect known parcel level conditions in the City. PARCEL EXCLUSIONS Properties with zero total assessed value were manually reviewed for ownership, land use and were visually inspected. Properties that were significantly improved or public facilities, including city owned beach -front parks, were excluded. All the parcels in the pipeline were also excluded including the current phased expansion of the County Courthouse. The development capacity in the pipeline is re -incorporated in Step 3c. Examples of Exclusions: • Government Services (Prop Class) • Parks (Prop Class) • Cemeteries • Educational Services • Utilities • Condominiums GROSS BUILDABLE LANDS CRITERIA VACANT Using data from the Kitsap County Assessor, this analysis identifies vacant parcels using the assessed values of the improvements. Lots with zero improvement value are then compared against other factors such ownership and property class descriptions to determine vacancy. UNDERUTILIZED Using Kitsap County Assessor data, this analysis calculates an improvement ratio by dividing the assessed improvement value by the total assessed value. This ratio of assessed improvement value to total assessed value is a commonly used indicator for a property's level of improvement. A ratio less than 0.5 indicates the land is worth more than the improvements. This analysis uses an improvement ratio of 0.5 as the threshold. Any parcels with an improvement ratio under this threshold are considered underutilized. SINGLE-FAMILY Any Single -Family use, as defined by assessor property class field, in a high -density base -zone, is deemed to be redevelopable. Page 90 of 287 Final: May 18, 2021 54 SECTION 02 1 EX Back to Agenda DNS 2.4.4 Market Yield Assessment FUTURE CAPACITY SCLimHn,iv ANALYSIS Using the zoning assumptions and FAR ranges, the analysis leverages variation in development densities to simulate different market conditions impacting the range of capacity across the subarea. The three scenarios, presented to the right, reflect the following: > The impact of surface versus structured parking on capacity -- serving as a reflection of different market conditions (for example, structured parking would require more favorable market conditions). > The concentration of commercial development as a standalone product as well as a share of mixed -used developments. > The overall range of capacity within the subarea The tables on the following page (Exhibit 49-51) provide details on each scenario in terms of assumptions for the proportion of structured versus surface parking and the proportion of commercial uses in mixed -use development. A detailed breakdown of FAR assumptions by zone and scenario is provided in the appendix. Scenario 1: Baseline Capacity • Mostly residential development • Standalone commercial development only in commercial only zones. Some commercial incorporated into mixed -use developments • Majority surface parking meaning lower density development Scenario 2: High Capacity, Residential Heavy • Mostly residential development • Standalone commercial development only in commercial only zones. Some commercial incorporated into mixed -use developments. • Majority structured parking, meaning higher density development Scenario 3: High Capacity Commercial Heavy • More balanced mix of residential and commercial • Some standalone commercial development in mixed - use zones plus commercial development in commercial only zone. Increased commercial incorporated into mixed -use developments • Majority structured parking meaning higher density development Exhibit 49. FAR Allocation Assumed in Zones Permitting Commercial & Residential Building Forms for Each Scenario Commercial Only Residential Mixed -Use Structured Parking Surface Parking Below Grade Parking Surface Parking 1 -Baseline 0% 0% 25% 75% 2 - High Capacity, Res Heavy 0% 0% 75% 25% 3 - High Capacity, Comm Heavy 10% 10% 60% 20% Exhibit 50. FAR Allocation Assumed in Zones Permitting Only Commercial Building Forms for Each Scenario Commercial Only • Structured Parking Surface Parking 1 -Baseline 25% 75°/a 2 - High Capacity, Res Heavy 75% 25% 3 - High Capacity, Comm Heavy 70% 30% Exhibit 51. Commercial Use & Res Uses permitted Commercial Capacity Percent (%) Of Total By Base Zone SCENARIO 1 SCENARIO 2 SCENARIO 3 NMU 5% 5% 24% CMU 25% 25% 40% ❑MU 25% 25% 40% GMU 25% 25% 40% BPMU 20% 20% 36% CC 25% 25% 40% CH 100% 100% 100% Cl 100% 100% 100% Page 91 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 55 SECTION 02 1 EXISTING CONDITIONS Back to Agenda 2.4.5 Baseline Assessment SCENAKIU "1 - BASELINE CArH%.l FY Net CATEGORY/ZONE Devlopable Commercial Residential Residential Area Capacity Capacity Capacity The Baseline Capacity scenario more closely reflects near (Acre) (5F) (5F) (Units) term market conditions in Port Orchard. In this scenario CIVIC AND OPEN SPACE 3.5 362,900 0 0 housing is the predominant highest and best use in mixed RESIDENTIAL ZONES 7.9 0 UKN 120 use zones. In addition, a large majority of development is COMMERCIALZONES 2.6 92,100 0 0 assumed to be surfaced park, thus reducing overall densities MIXED USE 20.5 278,600 800,900 1,247 achieved. TOTAL with Pipeline 34.5 733,600 800,900 1,367 • Mostly residential development Pipeline 11.2 347000 NA 246 total withoutppelioe 23.3 386,600 800,900 1,121 • Standalone commercial development only in zones prohibiting residential building form. Scenario 2 Table • Some commercial incorporated into mixed use developments. SCENARIO 3 - MIXED -USE FOCUS • Majority surface parking meaning lower density The High Capacity, Commercial Heavy capacity scenario development. reflects more favorable economic conditions in Port Orchard and broader Kitsap market area, with an emphasis Net on commercial and office development. In this scenario CATEGORY/ZONE Devlopable Commercial Residential Residential a significant share of development in mixed use zones Area Capacity Capacity Capacity is assumed to be commercial. As in Scenario 2, a larger (Acre) "'; (Units) proportion of development is assumed to incorporate CIVICANDOPEN5PACE 3351,400 p structured parking, thus increasing overall densities achieved. RESIDENTIAL ZONES 7.9 0 UKN 120 • More balanced mix of residential and commercial COMMERCIALZONES 2.6 65,200 0 0 MIXED USE 20.5 206,200 566,200 954 • Some standalone commercial development in mixed TOTAL with Pipeline 34.5 622,800 566,200 1,074 use zones plus commercial development in commercial Pipeline 11.2 347006 NA 246 only zone. Increased commercial incorporated into Total without Pipeline 23.3 275,806 566200 828 mixed use developments. • Majority structured parking meaning higher density development Scenario 1 Table SCENARIO 2 - RESIDENTIAL FOCUS CATEGORYIZONE Net Developable Commercial Residential Residential Area Capacity Capacity Capacity The High Capacity ,Residential Heavy capacity scenario (Acre) (5F) (5F) (Units) reflects more favorable economic conditions in Port Orchard CIVIC AND OPEN SPACE 3.5 361,800 0 0 and the broader Kitsap County market area. In this scenario RESIDENTIAL ZONES T9 0 UKN 120 housing is still the predominant highest and best use in mixed COMMERCIALZONES 2.6 89,400 0 0 use zones. Alternatively, a larger proportion of development MIXED USE 20.5 418,200 596,155 991 is assumed to incorporate structured parking, thus increasing TOTAL with Pipeline 34.5 869,400 596,155 1,111 overall densities achieved. Pipeline 11.1 347000 N4 246 • Mostly residential development Total without Pipeline 23.3 522,400 596,155 865 • Standalone commercial development only in commercial only zones. Some commercial incorporated Scenario 3 Table into mixed use developments. • Majority structured parking meaning higher density developments Page 92 of 287 Final: May 18, 2021 56 SECTION 02 1 EX Back to Agenda DNS EXISTING CONDITIONS Development Scenarios with Subarea Plan Recommendations Study Area (acres) Commercial (square footage) Residential (square footage) Residential (units) Existing 329 761,645 n/a 742 *Note: All scenarios include assumed development pipeline projects. EXISTING ACTIVITY UNITS Development Total Covered Residen- Activity Activity Units Activity Units Scenarios Population Employment tial Units Units/Acre Dedicated to Dedicated to Housing Employment Existing 1,806 2,150 742 12 46% 54% • Population, employment and existing activity units provided by PSRC. • Activity units calculated as total population + employment / 329 acres Page 93 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 57 INTENTIONALLY LEFT BLANK Page 94 of 287 Final: May 18, 2021 Back to Agenda 3 Subarea Plan Goals and Vision and Alternatives Page 95 of 287 Final: May 18, 2021 SECTION 03 1 VISION AND ALTERNATIVES Back to Agenda INTENTIONALLY LEFT BLANK Page 96 of 287 Final: May 18, 2021 SECTION 03 1 VISION Back to Agenda VES 3.1 Proposed Alternatives Approach The proposed design concepts are a single vision for achieving the broader goals outlined in this subarea plan. In the downtown areas, this includes promoting a vibrant walkable community that showcases the City's waterfront. In the County Government Campus planning area and the uphill neighborhood the plan incorporates planned expansion at the county campus, provides development flexibility along the Sidney and Cline arterials, and preserves residential areas throughout most of the neighborhood. Due to existing neighborhood constraints and the absence of large tracts of developable land the alternatives are based on a single concept plan. The distinction between each alternative is whether the assumed program of future development will consist primarily residential and standalone commercial or if it will have greater vertical mixed -use development. Alternatives Alternative 1 - No Action No action would be taken to adopt new development policies. The existing Downtown and County Campus Centers would each be retained in their present configurations; no combination or expansion of these subareas would take place; no changes to zoning or other land use regulations would be made. The capacity assumed in this alternative assumes that development will still occur, but at a density similar to existing conditions with very limited structured or below -grade parking. Alternative 2 - Residential Focus This alternative assumes a mostly residential development with commercial development only occurring in standalone buildings in nonresidential zones. The maximum building height and densities would see limited increases in locations with minimal view impacts. The alternative assumes a greater mix of structured parking to achieve greater density than the existing baseline development patterns. Potential zoning changes would focus on increasing residential capacity in existing commercial zones. Alternative 3 - Mixed -Use Focus This alternative assumes an increase in mixed -use residential, commercial retail, and office development. The maximum building height and densities would see limited increases in locations with minimal view impacts. The alternative assumes greater mix of structured parking to achieve greater density than the existing baseline development patterns. Potential zoning changes would focus on increasing residential capacity in both existing commercial and residential zones. Page 97 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 59 ALTERNATIVE 1 - NO ACTION BASELINE CATEGORYIZONE Net Devlopable Area (Acre) Commercial Capacity (SF) Residential Capacity (SF) Residential Capacity (Units) CIVIC AND OPEN SPACE 3.5 351,400 0 0 RESIDENTIAL ZONES 7.9 0 UKN 120 COMMERCIAL ZONES 2.6 65,200 0 0 MIXED USE 20.5 206,200 566,200 954 TOTAL with ipe me 34.5 622,800 566,200 1,074 Pipeline Total without Pipeline 11.2 23.3 347,000 275,800 NA 566,200 246 828 ALTERNATIVE CATEGORYIZONE 2 - RESIDENTIAL FOCUS Net Devlopable Commercial Residential Residential Area Capacity Capacity Capacity (Acre) (SF) (SF) (Units) CIVIC AND OPEN SPACE 3.5 362,900 0 0 RESIDENTIAL ZONES 7.0 0 UKN 102 COMMERCIAL ZONES 0.0 0 0 0 MIXED USE 24.8 310,600 1,010,100 1,509 TOTAL with ipe me 35.4 673,500 1,010,100 1,610 Pipeline Total without Pipeline 11.2 24.2 347,000 326,500 NA 1,010,100 246 1,364 ALTERNATIVE 3 - MIXED -USE FOCUS Net CATEGORYIZONE Devlopable Commercial Residential Residential Area Capacity Capacity Capacity (Acre) (SF) (SF) (Units) CIVIC AND OPEN SPACE 3.5 361,800 0 0 RESIDENTIAL ZONES 7.0 0 UKN 102 COMMERCIAL ZONES 0.0 0 0 0 MIXED USE 24.8 486,800 752,283 1,186 TOTAL with ipe me 35.4 848,600 752,283 1,288 Pipeline 11.2 347,000 NA 246 Total without Pipeline 24.2 501,600 752,283 1,042 Summary of Changes from Buildable Lands Baseline Capacity Analysis • Proposed land use changes including: proposed zoning changes and height increases. • Additional buildable land assumptions due to zoning changes and assume redevelopment areas. See updated buildable lands map in section 3.3. • Proposed required parking modifications. Ref: Document of City of Port Orchard Downtown Subarea Plan - Economic Profile and Capacity Analysis prepared by Heartland Group, May 14th, 2020 Page 98 of 287 Final: May 18, 2021 60 Back to Agenda ALTERNATIVE COMPARISON Development Scenarios with Net Developable Commercial Residential Residential Subarea Plan Recommendations Area Capacity Capacity Capacity (acres) (square feet) (square feet) (units) Existing - 761,645 n/a 742 Alternative 1 - No Action 34.5 622,800 566,200 1,074 Alternative 2 - Residential Focus 35.4 673,800 1,010,100 1,610 Alternative 3 - Mixed -Use Focus 35.4 848,600 752,283 1,288 *Note: All scenarios include assumed development pipeline projects. Alternatives show new proposed development ACTIVITY UNITS SUMMARY Development Scenarios Total Population Covered Employment Residential Units Activity Units/Acre Activity Units Dedicated to Housing Activity Units Dedicated to Employment Existing 1,806 2,150 742 12 46% 54% Alternative 1 4,051 3,396 1,074 23 54% 46% Alternative 2 4,663 3,617 1,610 26 60% 40% Alternative 3 4,128 3,889 1,288 25 54% 46% • Total Population assumes 2.09 persons per unit per Washington's Office Financial Management 2020. • Employment assumed 1 employee per 500 sf of commercial development. • Activity units calculated as total population + employment / 329 acres Page 99 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 61 SECTION 03 1 SUBAREA PLAN 3.2.1 West Downtown Planning Area "ANINtu Al. i REDEVELOPMEN i AKtA West Downtown is Port Orchard's current and historical Potential Shoreline cultural, civic, and recreational hub of the community. The Restoration area includes a mix of land uses, including Port Orchard's City Hall and public library, numerous retail and service businesses, a marina and ferry dock, public parking, and a Pedestrian Plaza waterfront park and trail. With access from the water and from Bay Street to from state highways 3 and 16, it remains the City's primary the waterfront center for community events and activities. Anticipated future Back to Agenda development includes the South Kitsap Community Events Traffic Center and a new Kitsap Bank headquarters as part of a Calming ;�; • /. larger mixed -use development. The concept plan works to balance historic preservation, environmental restoration, and economic improvement. Surface "Parkng,,'V Potential Stream �♦ �-' Daylighting ♦ I Pedestrian Hill ' Climb to Prospect Street e Potential Stream Daylighting , n i t o / Gay Iel .0 �1�� �� i s i 2) Z - ..J East Downtown - Redevelopment Concept Plan Diagram Page 100 of 287 Final: May 18, 2021 62 SECTION Back to Agenda LAN Two-way traffic at Passenger Ferry Frederick Ave New slow waterfront Terminate Streets at the "shared street" to create waterfront with a small plaza, front doors on Sinclair Inlet overlook, or pocket park •Ii ■r■i■r■r■r rkinn� z Surfacerri c-- g' Parking rn Lo di g/ P rki g z C _ T ■ 5 ta`o�e Rend ood� LEGEND Ne\ghb°rh . Q RESIDENTIAL 0 O i L - - J (Preferred Front Orientation) -C �� RESIDENTIAL/ MIXED USE 0 (Preferred Front Orientation) T'— s a� r — COMMERCIAL/RETAIL (Preferred Front Orientation) EK4LB ST OFFICE / OFFICE MIXED -USE (Preferred Front Orientation) -CIVIC (Preferred Front Orientation) OPEN SPACE (Park, plaza, or other) SURFACE PARKING EXISTING PIPED STREAM N 1 " = 200' Page 101 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 63 SECTION 03 1 SUBAREA PLAN Back to Agenda Community Events Center `01 o Residential Mixed Use w �• 0 < ,l i I I I i East Downtown - Redevelopment Concept Plan 7� a cn w [0 Roof Deck j T Commercial) j Office I ' Residential i Mixed Use f LU o l l U- LL � I i I I Page 102 of 287 Final: May 18, 2021 64 SECTION Back to Agenda LAN Key OBay Street corridor design and frontage improvements © Consolidate curb cuts where feasible to improve pedestrian safety © Waterfront plaza / overlook OKayak launch dock © Proposed Hill Climb Opaving Traffic calming / specialty at Crosswalk to Orchard Street Plaza and viewpoint OWaterfront open space Frederick Street improvements Qand conversion to two-way traffic OTrail Improvements New waterfront pedestrian oriented shared street Street termination plaza and overlook i & Ia�l .101sI �_' _�_ LEGEND RESIDENTIAL (Preferred Front Orientation) RESIDENTIAL/ MIXED USE (Preferred Front Orientation) COMMERCIAL/RETAIL (Preferred Front Orientation) OFFICE / OFFICE MIXED -USE (Preferred Front Orientation) CIVIC (Preferred Front Orientation) OPEN SPACE (Park, plaza, or other) i SURFACE PARKING EXISTING PIPED STREAM N (i) 1 " — 100, Page 103 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 65 SECTION 03 1 SUBAREA PLAN 3.2.2 East Downtown Planning Area BANNED AL i REDEVELOPMEN i .,,,,A The East Downtown is geographically separated from the West Downtown and was developed later with a more auto - centric development pattern. This area includes a mix of commercial uses primarily on larger parcels fronting Bay Street or Bethel Ave. WSDOT is currently in the process of redesigning the Bay and Bethel intersection to replace the current signal with a new round -about. The concept plan strives to break -down the scale of existing large sites to provide a more walkable land -use pattern. Large surface parking lots and many vacant properties provide an opportunity for new economic development more reminiscent of the existing historic development character of West Downtown. East Downtown - Redevelopment Concept Plan Diagram "Finer Grain" mixed -use development oriented toward Sinclair Inlet that reinforces views to the water. Page 104 of 287 Final: May 18, 2021 66 SECTION I LAN Extend Mitchell Corridor to terminate at t e waterfront AOL- /J//, Rborhood e Ne\9 r LEGEND 41 RESIDENTIAL (Preferred Front Orientation) RESIDENTIAL / MIXED USE j w i (Preferred Front Orientation) COMMERCIAL/RETAIL (Preferred Front Orientation) / OFFICE MIXED -USE -OFFICE (Preferred Front Orientation) CIVIC (Preferred Front Orientation) OPEN SPACE J (Park, plaza, or other) SURFACE PARKING EXISTING PIPED STREAM JL TN 1 " = 200' Page 105 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 67 SECTION 03 1 SUBAREA PLAN 3.2.3 County Government Campus Planning Area BANNED AL i REDEVELOPMEN I AK,, The Kitsap County Government campus is Port Orchard's largest employer. The Port Orchard Blvd and Blackjack Creek valleys, along with the historic steep shoreline isolates this part of the Center from Downtown and inhibits accessible pedestrian connections. Sidney and Cline Ave act as neighborhood arterials providing vehicle and transit access between Highway 16 and the downtown. Kitsap County is currently developing a phased development for the expansion of County facilities within the City of Port Orchard over the next 40 years. The County Campus expansion is currently anticipated to occur over five phases. The anticipated scope of development was included within the pipeline projects analyzed as part of this plan. The subarea plan encourages development to occur along the existing Sidney and Cline arterial corridors. Neighborhood mixed -use zoning is proposed to be expanded across the street from the County Campus to provide a buffer or transition between the County Government Campus and established single-family neighborhoods. Note that neighborhood mixed -use allows for both single family and small-scale or less intense commercial uses. Existing County Government Campus Page 106 of 287 Final: May 18, 2021 68 �4 Vl SECTION 03 1 SUBAREA PLAN 3.3 Land Use and Housing LAND USE INTi.�HON The primary land use designations within the study area is medium -density residential and Commercial Mixed - use, however the study area includes nearly all zoning designations. The study are also includes two large public facilities campuses, the Kitsap County Campus and South Kitsap High School. Within the individual study areas the West Downtown contains the historic City main -street. LAND USE AND HOUSING GOALS Goal LUH - 01 Develop a land use pattern that is environmentally sustainable and economically vibrant and accommodates additional housing and businesses. Goal LUH - 02 Encourage increased development in the center and along existing primary circulation corridors to create vibrant walkable neighborhoods. Goal LUH - 03 Ensure that proposed new development largely maintains existing views. Goal LUH - 04 Transform the existing East Downtown from a largely car dominant development pattern to an extension of the existing walkable downtown West Downtown area. Goal LUH - 05 Ensure that future residential development protects and restores natural ecosystems and critical areas, including wetlands, streams and wildlife habitats. LAND USE POLICIES Policy LUH - 01 Revise the existing Comprehensive Plan Center boundaries to establish a new Downtown Center that reflects this subarea plan boundary. Policy LUH - 02 Rezone parcels along Cline and Sidney Avenue from R2 to Neighborhood Mixed -use to provide a moderate increase in development and provide a transition to the residential zones. Policy LUH - 03 Extend the varied block frontage designation along Cline Street from Kitsap Street to Kendall Street. Policy LUH - 04 Revise frontage requirements along the new waterfront street and in the East Downtown to reflect the proposed concept design plan. Policy LUH - 05 Rezone the Commercial Heavy Parcels in the East Downtown to Commercial Mixed -use (CMU). Policy LUH - 06 Rezone the Commercial Mixed -use Parcels on the east side of Bethel between Dekalb Street to Mile Hill Drive from Commercial Mixed -use (CMU) Corridor to Gateway Mixed -use (GMU). Policy LUH - 07 Allow for buildings up to 5-stories on the east side of Bethel between Dekalb Street to Mile Hill Drive. Policy LUH - 08 Modify the Downtown Height Overlay District as follows: • Allow the building height for new development along Bay Street to be measured from the future road elevation consistent with Sea level rise contemplated in the Shoreline Master Plan. • Amend 20.38.640 (1) as follows: (1) DHOD Height Zones Established. Within the DHOD as shown on the zoning map, there are three different DHOD height zones with height limits established as follows: (a) DHOD 3: 48 feet - three stories. (b) DHOD 4: 58 feet - four stories. (c) DHOD 5: 68 feet - five stories. • Amend the height along the block south of Bay Street between Robert Geiger and Frederick to allow 5 stories except within 50 feet of Robert Geiger Street which shall be limited to 4 stories. Policy LUH - 09 Add an exemption to 20.35.040 to allow the minimum build -to percentage to be decreased (1) if a public pedestrian -oriented open space is provided, if the reduction is no more than what is needed to accommodate the open space, or (2) for public civic buildings (such as a community center or library). Policy LUH - 10 Support the acquisitions by the County of the needed parcels to implement the county campus expansion plan. Page 108 of 287 Final: May 18, 2021 70 SECTION � Back to Agenda LAN � J A+ f r. r �- r ✓ STO L J i KITSAP � i � � �.i� '• . is '=��. i ,��� � �j � :f� ..� � - '.- w } czn w v Z w O Z U DEKALB o Elfw QE �� N Q w- DEKALB Ld DWIGHT DIVISION J � TIT 7 O TAYLOR ti O a -- SMITH TAYLOR ! KENDALL PLISKO �{ MILE HILL SROUFE • 1 Subarea Plan Boundary (�)N Page 109 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 71 SECTION 03 1 SUBAREA PLAN Back to Agenda � J ray, 1 ram^ r — �' l i° IJ 11 c y � TO N � y�F 1• B ■ p qy i r. ROSPFCT t'.4 .i KITSAP j ��— z z z p �/ w� U DEKALB 0 Q<b w DEKALB---i DWIGHT ! 1 I DIVISION I TAYLOR I O I I ! a l 1 i SMITH 11 TAYLOR + i KENDALL �`�— PLISKO I 1 I MILE HILL I i I I I i-_—_----------rl SROUFE I I Existing Block Frontage Plan o• Page 110 of 287 Final: May 18, 2021 72 SECTION Back to Agenda LAN � J Oho 11, qy L � KITSAP 1 - j W } z (N �/ W V z U DEKALB Q 4 ��� ---i w DEKALBLn DWIGHT I .7E i ► I DIVISIONQf � i TAYLOR I I 0 SMITH I► TAYLOR + i KENDALL �` PLISKO 11I i 1 I MILE HILL I i I I I i-__—_—_--_— SROUFE _--I I I Proposed Block Frontage Plan Page 111 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 73 SECTION 03 1 SUBAREA PLAN LEGEND ® BUSINESS PROFESSIONAL MIXED USE (BPMU) M mRAKAGRrim rnRRimp trr� Back to Agenda � J ray, 1 ram^ r TO N '� ywF 1• e ■ p qy i r. ROSPFCT t'.# .i KITSAP j z z z p �/ w+——,r1 U DEKALB 0 w DEKAL.Fr i DWIGHT ! 1 I DIVISION I TAYLOR I O I I ! a l 1 i SMITH 11 TAYLOR + i KENDALL �`�— PLISKO I 1 I MILE HILL I i I I I i-_—_----------- SROUFE I I Existing Zoning Map b" Page 112 of 287 Final: May 18, 2021 74 SECTION � Back to Agenda LAN LEGEND ® BUSINESS PROFESSIONAL MIXED USE (BPMU) COMMERCIAL CORRIDOR (CC) ® COMMERCIAL MIXED USE (CMU) GREENBELT (GB) PARKS AND RECREATION (PR) PUBLIC FACILITY (PF) CIVIC AND INSTITUTIONAL (CI) 0 DOWNTOWN MIXED USE (DMU) 0 NEIGHBORHOOD MIXED USE (NMU) RESIDENTIAL (R1) RESIDENTIAL 2 (132) RESIDENTIAL 3 (R3) ♦ +# .. # ' • r . iw} `` 40 _ Commercial Heavy to Commercial Mixed -use RESIDENTIAL4(R4) r• 16++' , COMMERCIAL HEAVY (CH) .j:• ' _ GATEWAY MIXED USE (GMU)+ , ��' Changed are outlined in black dashed line. :;. �,j�c�#•# �# O i • + # #i! �' fir* f' ■ r � � # ap ilk W + KT1A '�`JWi '' ��i �" Commercial Heavy and ` �." �_}+'lIIN+�.1J"*.#tw;w��� *'• Y` Commercial Mixed -use ■ �+ " �� ' Mixed -use ■zn A, ; ■off%# - . ��• to Gateway atewa �"' w DIVAL17— I Y U y 6 I-41 1 Nist �7 n 4 ,r ■ # ,may # ir 7 # Residential 2 to MILE HILL Neighborhood # -M Mixed -use $ ' ,■ ` T• ,■ # LIFE �• P 0/10 ` _ 0. P. 41 Mr ■ Proposed Zoning Map Adjustments Encourage development along existing neighborhood arterial corridors. Provide a buffer from commercial to residential areas and preserve established single family neighborhoods. a' Page 113 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 05.06.2021 75 SECTION 03 1 SUBAREA PLAN Back to Agenda • � J J 11 19 V� ray, ► ram^ f • t• �— /r ►► Py �TO/V KITSAP I �— 1 - j � z w Z p r ♦/ w## i z U DEKALB 0 ��� w DEKALB--�—i DWIGHT ! 1 I DIVISION m r i Qf Ctf � 0 I TAYLORQf I O I I ! l 1 i SMITH 11 TAYLOR + i KENDALL �` PLISKO I 1 I MILE HILL I i I I I i-_—_----------- SROUFE I I Existing Height Overlay Map Page 114 of 287 Final: May 18, 2021 76 SECTION Back to Agenda LAN LEGEND DOWNTOWN HEIGHT OVERLAY DISTRICT DHOD 3 DHOD 4 DHOD 5 VIEW PROTECTION OVERLAY DISTRICT Note: Changed are outlined. A, � J 071 1�J i / f'~~� i y oho 11/ qy L � KITSAP 1 - j W } z (N W V z U DEKALB Ln [if w DEKALB--�—i DWIGHT I .7E i ► I DIVISION M i � i TAYLOR I I I ! O SMITH I► TAYLOR + i KENDALL �` PLISKO 11I i 1 I MILE HILL I i I I I i-__—_—_--_— SROUFE _--I I I Proposed Height Overlay Map Adjustments Encourage development height increases in locations that do not impact existing protected �N views. Page 115 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 77 SECTION 03 1 SUBAREA PLAN Back to Agenda 0 Pipeline Project © Vacant/ Redevelopable Single Family in Higher Density Vacant Underutilized C 3 Study Area E r--- L 21 �r {3WIGHT � - J'o ■ v H .q DIVISldlC Q ■ + r � .!n f T O r � 1 - JrkF k _�.2 -1 M PIP �_- -� �7■7.7 � r " F d 6 WS R.Q � r .� IL ir W -Alt 4i+ ;� t iw ■ � ��+ _ fi Existing Buildable Lands or Potential Infill Development Map B or Page 116 of 287 Final: May 18, 2021 78 SECTION Back to Agenda PLAN Pipeline Project Vacant/ Redevelopable Single Family in Higher Density Vacant Underutilized Added in the Subarea Plan � J •fir v� ��� oho 11, qy L � KITSAP 1 - j W } z (N W V z U DEKALB [if --�—i w DEKALBLn DWIGHT I .7E i ► I DIVISION m i Qf � i TAYLOR I I I ! O SMITH I► TAYLOR + i KENDALL �` PLISKO 11I i 1 I MILE HILL I i I I I i-__—_-_--_— SROUFE ---I I I Updated Build -able Lands or Potential Infill Development Map that incorporates additional lands that were added due to zoning changes or anticipated development included in the subarea plan. (!)N Page 117 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 79 SECTION 03 1 SUBAREA PLAN 3.4 Environment and Open Space ENVIRONMENT AND OPEN SPACE OVERVIEW In addition to multiple public parks the defining Environment and Open Space features in the study area includes the shoreline along Sinclair inlet and numerous historic creek valleys. The existing waterfront includes large tracts of surface parking developed prior to the adoption of the Shoreline Management Act. Environment and Open Space goals strive to both enhance the environment and the public realm for City residents and guests. ENVIRONMENT AND OPEN SPACE GOALS Goal EOS - 01 Provide improved public shoreline access and recreational opportunities at the waterfront. The Port Orchard waterfront offers excellent recreational opportunities for fishing, beach walking, wildlife viewing, kayaking and paddle boarding, and more. Goal EOS - 02 Plan for resiliency and to mitigate flooding during high - tides and as a result of sea -level rise identified in, "PO SMP Sea Level Rise Advisement Report 10-2-2020." Goal EOS - 03 Consider opportunities to incorporate new open space within required shoreline buffers such that they can serve dual -purposes. (For example refer to Stormwater buffer with pedestrian boardwalk Concept for existing Blackjack Creek Outlet) Goal EOS - 04 Improve safety and security along existing open spaces and around Blackjack Creek. Goal EOS - 05 Protect, enhance and maintain the values and functions of Port Orchard's natural areas, open spaces, and critical areas. Goal EOS - Ob Consider and support opportunities for restoration including but not limited to shoreline riparian areas, barrier culverts, storm water, etc. or redeveloped buildings) where feasible to reduce impervious footprint. Goal EOS - 08 Support the restoration of existing streams including Blackjack Creek, a high priority salmon and steelhead watershed in the West Sound region and consider options for removal of artificial fill to improve estuarine habitat at the mouth of Blackjack Creek. Conceptual Waterfront Plaza and kayak launch at Port Street Stormwater buffer with pedestrian boardwalk Concept for existing Blackjack Creek Outlet Goal EOS 07 ENVIRONMENT AND OPEN SPACE POLICIES In redevelopment of parking areas encourage the use Policy EOS - 01 LID and innovative approaches, such as raingardens Encourage the future replacement of existing shoreline and bioswales, where site conditions allow to reduce armoring that allows for pedestrians access to the water. runoff and protect water quality, including consideration (For example refer to Shoreline Armor with Water Access of underground parking areas (including under new Page 118 of 287 Final: May 18, 2021 80 SECTION 03 Back to Agenda j Concept for the West Downtown waterfront) Policy EOS - 02 Encourage the creation of a public kayak launch dock. Policy EOS - 03 Where road ends terminate at the waterfront, they should incorporate a public plaza, overlook, or pocket park. Improvements should also consider shoreline habitat improvements and enhancements, including potential removal of hard armor and fill to establish "pocket beach" parks. Policy EOS - 04 Convert Orchard and Port Streets to pedestrian plazas with limited vehicle access. Policy EOS - 05 To enhance shoreline ecological functions in the subarea, the City shall emphasize the importance of the following actions: planting riparian vegetation, especially trees, that naturally stabilize banks and shade the intertidal zone; removing hard armor where feasible; replacing hard armor with soft bank protection where feasible; reducing the footprint of hard armor (like revetments) and replacing with lower footprint alternatives (like vertical bulkheads pulled landward) where feasible; improving stormwater and wastewater treatment; daylighting piped stream channels; and restoring buffers for both marine and freshwater habitats. Pulling armor landward will improve access to beaches at higher tides. Policy EOS - Ob Support the expansion of Etta Turner Park to include a riparian buffer with bio-retention from adjacent development. Policy EOS - 07 Support shoreline restoration and consider the creation of new open space at the Blackjack Creek Estuary and Etta Turner Park. Restoration shall study the removal of artificial fill to improve estuarine habitat. Design shall work with Etta Turner Park to frame the Blackjack Creek corridor from Bay Street to the Sinclair Inlet and should focus on estuary restoration. Policy EOS - 08 Support efforts to acquire property for conservation and provide mitigation in and around the Blackjack Creek estuary. Policy EOS - 09 As development occurs the City will issue a notice to the local tribe on a project by project basis to allow for review and comment regarding significant developments with potential impacts to cultural and Tribal treaty natural resources. Dry season Stormwater buffer with pedestrian boardwalk Urban waterfront parkscape. Page 119 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 81 SECTION 03 1 SUBAREA PLAN Back to Agenda ENVIRONMENT AND OPEN SPACE PROPOSED PROJECT LIST Funding No. Project Name Description Agency Cost Source Port Orchard Blvd The historic creek that previously existing t.b.d. t.b.d. t.b.d. Estuary at the location of Port Orchard Blvd is now OCreek Restoration piped to its terminus at Sinclair Inlet. The plan encourages estuary restoration at the outflow of this creek. Port Orchard Boat The historic creek that originates near the t.b.d. t.b.d. t.b.d. Launch Estuary County Government Campus is currently Restoration piped from approximately Austin Ave to © its outfall east of the boat launch. The plan encourages the creek to be daylit west of intersection of Bay and Robert Geiger Streets with estuary restoration at Sinclair inlet. Port Street Shared Port Street is proposed to be transformed to t.b.d. t.b.d. t.b.d. Viewpoint, and a pedestrian plaza or shared street to provide ©Plaza, Shoreline Restoration pedestrian access and views to Sinclair Inlet. The plaza should terminate with a viewing plaza with potential access to the water. Orchard Street Plaza Orchard Street is proposed to be transformed t.b.d. t.b.d. t.b.d. and viewpoint to a pedestrian plaza or shared street to provide pedestrian access and views to 0 Sinclair Inlet. The existing elevated viewing deck and pump station at the terminus of this corridor will be replaced with an at grade viewing plaza. Kayak Launch A publicly accessibly kayak launch dock is t.b.d. t.b.d. t.b.d. © proposed near the location of the former pier north of Port Street. Prospect Street Hill The redevelopment of the parcels located at n/a t.b.d. t.b.d. Climb the corner of Bay Street are encouraged to 0 include a publicly accessibly hill climb from Prospect Street to Bay Street. The hill climb should align with either Port Street or Orchard Street. Bay Street Pedestrian Widen the existing Bay Street Pedestrian Path t.b.d. t.b.d. t.b.d. Path Enhancements from Port Orchard BLVD to the Downtown Port Orchard Ferry Terminal to provide O multi -model access and meet existing design standards. Improvements may include viewpoints and street terminations and new landscape amenities and furniture. Blackjack Creek Provide a new waterfront park on the City t.b.d. t.b.d. t.b.d. Estuary Park and Etta parcel along the west side of Blackjack Creek Turner Park expansion and expand Etta Turner Park to provide an Qand enhancements expanded riparian buffer. These parks should 0 include natural features and wildlife habitat. Incorporate wetland boardwalks, provided that they can comply with shoreline mitigation requirements. Waterfront shoreline New development should provide waterfront t.b.d. t.b.d. t.b.d. enhancement shoreline restoration at the current auto 0 dealership and the Westbay center sites in compliance with requirements contained within the City SMP and the State SMA. Fage 11U of 2Z31 Final: May 16, 2U21 82 Back to Agenda Environment and open space Proposed Project List b" Page 121 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 83 SECTION 03 1 SUBAREA PLAN Back to Agenda 3.5 Circulation, Access, and Parking CIRCULATION, ACCESS, AND PARKING OVERVIEW Downtown Port Orchard contains a well established transportation network centered on Bay Street, and Bethel Ave. Mitchell Street, Cline Ave, and Sidney Ave. These are primary minor arterials from uphill neighborhoods to the waterfront. The Downtown walk-on ferry terminal provides service to Bremerton with connections to Seattle. Improvements envisioned as part of the development include orienting new development toward the water and improving pedestrian access throughout the area. CIRCULATION, ACCESS, AND PARKING GOALS Goal CAP - 01 Improve Bay and Bethel corridors such that they are safer for all users and that they define a place rather than act as just a highway. Goal CAP - 02 Ensure that adequate parking is available to support the marina and allow for downtown businesses to thrive while promoting a walkable main -street character. Goal CAP - 03 Encourage development in the West downtown to face the waterfront and Bay Street Goal CAP - 04 Provide improved pedestrian circulation within the West Downtown between the waterfront and Prospect Street. Goal CAP - 05 Transform the existing East Downtown from a largely car dominant development pattern to an extension of the existing walkable downtown West Downtown area. Goal CAP - Ob Discourage new development from locating parking between new development and the waterfront. Goal CAP - 07 Encourage the replacement of the existing Bay Street sidewalk marquee. Goal CAP - 08 Encourage new development to be oriented perpendicular to Sinclare Inlet to frame views toward the waterfront. CIRCULATION, ACCESS, AND PARKING POLICIES Policy CAP - 01 Develop a corridor design plan for Bay Street between Port Orchard Blvd and the eastern terminus of the Study area, and for Bethel Ave between Bay Street and SE Mill Hill Dr. The corridor plan shall address elements such as multi -modal circulation, frontage design and improvements, and bike and pedestrian safety improvements. The plan shall accommodate raising the elevation of Bay Street in response to the City's Sea Level Rise Study referenced in the 2021 SMP Update. Work with WSDOT to explore opportunities for potential traffic calming measures. Policy CAP - 02 Where appropriate, encourage urban low impact development stormwater management features in the roadway design, such as bio-swales between the on - street parking lanes and sidewalks. Policy CAP - 03 Phase out all -day commuter parking in the West Downtown to support parking for downtown businesses. Policy CAP - 04 Support Kitsap Transit to study the feasibility and need of adding additional park and ride facilities away from the downtown waterfront to serves ferry riders. Policy CAP - 05 Create a new waterfront street from Harrison Ave to Fredrick Ave that includes parking, sidewalks, and landscape improvements and accommodates ferry transit drop-offs. Policy CAP - Ob Support the reconfiguration of the marina parking lot to increase parking and improve multi -modal circulation from Bay Street to the waterfront. Policy CAP - 07 Include a hill -climb from Bay Street to Prospect Street aligned with either Orchard Ave or Port Street. Policy CAP - 08 Redesign Orchard and Port Street to pedestrian plazas with limited vehicle access. Policy CAP - 09 Convert Fredrick Ave to a two-way street with parallel Page 122 of 287 Final: May 18, 2021 84 SECTION Back to Agenda LAN parking on each side or widen street for angled parking Policy CAP - 10 Encourage the creation of a loop street or private access drive to break down the scale of the auto -dealership site, provide waterfront access, and provide additional on - street parking. Policy CAP - 11 Extend Mitchell Ave north across Bay Street as a new private access drive to terminate at the waterfront. Policy CAP - 12 Provide new frontage improvements, including parallel parking and sidewalks on both sides of Harrison Ave. At least one of the sidewalks should extend to the waterfront. Policy CAP - 13 Modify residential parking requirements in all zones to be consistent with the current DMU parking requirements of one stall per unit regardless of the number of bedrooms. Consider establishing a maximum number of parking stalls allowed and allowing for further reductions when located near transit. Policy CAP - 14 Vacate Harrison Street R.O.W. between Bay Street and Prospect Alley. Policy CAP - 15 The Bay Street corridor plan frontage design standards shall include design standards for the removal of the existing sidewalk marquee. The marquee should be replaced with new overhead protection weather protection that is incorporated with the structure of new development. Policy CAP - 16 Revise the Shoreline Master Program to discourage parking along the waterfront. Policy CAP - 17 Expand POMC 20.124.130(1) to apply to all DMU zones in the in the east and west downtown. Policy CAP - 18 Revise POMC 20.124.130(3) to exempt public civic buildings (such as a community center or library). Policy CAP - 19 Allow for required parking to be met with an off -site shared parking agreement. Policy CAP - 20 Require that any new development or Level III improvements as defined in POMC 20.127.020, shall provide street frontage improvements consistent with City design requirements. Encouraged Low -impact Stormwater management such as street front bioswales. Conceptual Woonerf or shared Street Concept Image Page 123 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 85 ;law At We I OkL' -10 SECTION Back to Agenda LAN Conceptual Street Section Key Plan Street Cross -Section A -A I New Waterfront Street Between Frederick and Sidney Ave (Looking West) Street Cross -Section B-B I New Waterfront Street Between Sidney and Harrison Ave (Looking West) Page 125 of 287 Final: May 18, 2021 Downtown Port Orchard Subarea Plan I Port Orchard, WA 1 04.20.2021 87 SECTION 03 1 SUBAREA PLAN Back to Agenda ENVIRONMENT AND OPEN SPACE PROPOSED PROJECT LIST Funding No. Project Name Description Agency Cost Source Bay St /Port Orchard Reconfigure intersection alignment to t.b.d. t.b.d. t.b.d. O Blvd Intersection improve visibility and pedestrian circulation and safety. St / Cline Ave Reconfigure intersection alignment to t.b.d. t.b.d. t.b.d. ©Bay Intersection improve visibility and pedestrian circulation and safety. Fredrick Ave Convert Fredrick Ave to two-way traffic to t.b.d. t.b.d. t.b.d. Improvements serve the marina and the new waterfront © street. Include frontage improvements and explore street expansion to maintain angled parking. O New Waterfront Street Provide a new waterfront "shared" street t.b.d. t.b.d. t.b.d. between Frederick and Harrison Ave. Sidney Ave. Frontage Provide frontage improvements including t.b.d. t.b.d. t.b.d. © Improvements Street Trees/landscaping, sidewalk expansion, and street furniture from Prospect St to the waterfront. Harrison Ave Frontage Provide frontage improvements including n/a t.b.d. t.b.d. 0 Improvements Street Trees/landscaping, curb and sidewalks and street furniture from Bay St to the waterfront. Bay Street and Bethel Develop a corridor plan for Bay Street t.b.d. t.b.d. t.b.d. Ave Corridor between Port Orchard Ave and the eastern terminus of the Study area, and for Bethel Ave between Bay Street and SE Mill Hill Dr. The corridor design shall address elements O such as multi -modal circulation, frontage design and improvements, and bike and ped safety improvements. The plan shall accommodate raising the elevation of Bay Street in response to the City's Sea Level Rise Study referenced in the 2021 SMP Update. Bay St / Mitchell Ave Reconfigure intersection alignment to t.b.d. t.b.d. t.b.d. Intersection improve visibility and pedestrian circulation © and safety. Design will incorporate the extension of the Mitchell Street across Bay Street as a new private access drive. Bay St / Guy Wetzel Rd Reconfigure intersection alignment to t.b.d. t.6.d. t.b.d. • 0 Intersection improve visibility and pedestrian circulation and safety. Page 126 of 287 Final: May 18, 2021 88 S /7 �5 ORCHARD Page 128 of 287 Final: it 41 'Back to Agenda CITY OF PORT ORCHARD 2021 ZONING MAP Greenbelt (GB) Residential 1 (R1) Residential 2 (R2) Residential 3 (R3) Residential 4 (R4) Residential 6 (R6) Neighborhood Mixed Use (NMU) Business Professional Mixed Use (BPMU) Downtown Mixed Use (DMU) Gateway Mixed Use (GMU) Commercial Mixed Use (CMU) - Commercial Corridor (CC) - Commercial Heavy (CH) Light Industrial (LI) Civic and Institutional (CI) Public Facilities (PF) Parks and Recreation (PR) Urban Growth Area i Port Orchard UGA City of Port Orchard Department of Community Development 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 Fax: (360) 876-4980 www.cityofportorchard.us This map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantability accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for field survey. City of Port Orchard Official Zoning Map as adopted by Ordinance 0**-20 on ****, 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Sponsored by: Scott Diener, Councilmember PUBLISHED: ***, 2020 EFFECTIVE DATE: ****, 2020 The official signed Zoning Map may be viewed at the City Clerk's office. Date Saved: 5/7/2021 2:19:38 PM S E Page 129 of 287 Back to Agenda Chapter 2: Land Use Chapter 2. Land Use 2.1 Introduction The Land Use element represents the heart of the Comprehensive Plan, as land use goals, policies, map designations, and decisions connect and relate to all other elements. The purpose of this section is to provide a framework to guide future land use to help the city grow in an orderly, rational, and efficient way and help the community realize its potential during the 20-year planning horizon. The goals and policies contained herein recognize that haphazard and disorderly development can reduce efficiency and increase the cost of utilities, roads, and other services, consume valuable open space, and result in higher taxes and fees for service to fund infrastructure and services. The Growth Management Act (GMA) requires plans to contain land use elements that describe the proposed distribution, location, and extent of land uses. Once adopted, land use goals and policies will be functionally implemented in Port Orchard's development regulations. The challenge of this element is to plan for population and employment growth while ensuring development occurs in accordance with the community's aspirations and values and the requirements of the GMA. 2.2 Key Issues and Concepts As a community, Port Orchard is growing due to a healthy birth rate, immigration, and annexation. This plan accommodates Port Orchard's 2036 population and employment growth allocation, as distributed through the Vision 2040 framework and agreed upon in coordination with other Kitsap County municipalities in the Countywide Planning Policies. Port Orchard's land use and zoning designations currently provide sufficient land capacity within city boundaries to accommodate the projected 8,235 additional residents who will make Port Orchard their home (during the 2010-2036 planning period). In conjunction with the findings of the Buildable Lands Report, the Future Land Use Map shows how the 6,235 additional projected and allocated residents in the adjacent Urban Growth Area can be accommodated. Residents have emphasized that it is critical to manage new growth in a way that protects the small town character of the community while allowing for new and innovative development that responds to changing household needs and growth pressures. In 2000, the city's population density was 1,943 residents per square mile. By 2012, taking into account new annexations, density had dropped to 1,213 residents per square mile. This decrease in density is due to the annexation of several areas, including the Bethel Corridor, which had far lower densities than the existing city. Based on population allocations for 2036 and no additional annexations, Port Orchard must plan for a density of 2,068 residents per square mile, an increase in density of 70%. Port Orchard's population appears to be aging, but this trend has likely been skewed by recent annexations. Figure 1 shows the changes in different age groups from 2000 to 2010, with a significant increase --in both proportional and absolute terms --in people aged 40-69, reflecting the aging of the Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 130 of 287 Chapter 2: and Use baby boomer generation. As Port Orchard's population ages, the city needs the flexibility to adapt to the changing needs and desires of this age group and the foresight to plan for those changes as well. 80+ 70-79 60-69 50-59 40-49 U 30-39 20-29 10-19 0-9 15 10 5 0 5 10 155 ■ Male in 2000 ■ Female in 2000 Male Increase in 2010 Female Increase in 2010 Population in hundreds Figure 1 The fundamental goal of the Land Use element, as established by the GMA, is to establish broad, general direction for the City's land use policies. This element provides the City's policy plan for growth over the next twenty years. It also implements many of the goals and objectives in the other plan elements through suggested land use designations and other action recommendations. The Land Use Element specifically considers the general distribution and location of land uses, and the appropriate intensity and density of land uses given development trends and allocated population. The City's development regulations and permitting processes are used to direct growth in a manner consistent with the provisions of this element. To accomplish this, the Land Use element establishes goals and policies that seek to: • Accommodate changes in population and demographics • Encourage development in urban areas, reduce sprawl, and deliver services efficiently • Ensure land use designations reflect need and demand • Minimize traffic congestion and encourage the development of a multimodal transportation system • Protect open spaces and the natural environment • Promote physical activity • Support a range of employment opportunities 2.3 Current Land Use Characteristics Figure 2 shows the percent of land uses and zoning based on the city's total land area as of 2020. Most land in the city is devoted to housing. Commercial areas and the downtown offer a range of goods and Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 131 of 287 Back to Agenda Chapter 2: Land Use services, provide employment for local residents and those living in surrounding rural areas, and provide additional tax revenue to help fund public services and facilities. Industrial lands allow for light manufacturing and warehousing businesses, which also provide job opportunities and support the area's economy. Figure 2-4 shows the amount of developable land in residential land use areas. Zoning By Percentage of Total Land Acreage PR 2.3 PF 4.7 NMU 6.S LI 2.3 GMU 0.6 G 6 8.5 UMU M ❑ & CMU � 6.2 CI � 2 CH � 2.5 GC � 3.3 BPMU { 9 R6 � 5.4 R4 � 7.1 R3 17.8 R2 R1 4.9 0 5 10 15 20 '_5 .. Figure 2 Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 132 of 287 Chapter 2: Land Use 2.4 Land Use Designations The City's comprehensive plan land use element identifies 7 different land use designations which are listed in Table 1. These land use designations are implemented through the city's zoning regulations contained in the municipal code. Each land use designation may correspond to one or more zoning designation. As the City develops sub -area plans for its designated centers as described in section 2.7, the city may wish to create new zones and standards consistent with this plan, its goals and policies, and these land use designations. When doing so, the city should ensure that it doesn't significantly alter the land capacity for the city such that the City's population and employment growth allocations adopted in the countywide planning policies can't be accommodated. Likewise, if sub -area plans are likely to accelerate population and employment growth rates, the City should take reasonable measures to ensure that it doesn't surpass its 2036 growth targets. Table I Range of Pass]ble Anticipated [lesidentlai Land Use Designations Uses Uses Corresponding Zoning Maximum Remilem5ai Onelopment Density far mm itt" Ruildabie lands Purposes. ptect en of cnU[a areae, liabit at management areas, Greenbelt greenbelts and deslgnaled Open space to a6aw low density residential development. Ureentlelt [G8} -S dmilmg unils per net. acre Low Densry Residential 5iagle4a mlly detached housing ReudeilvalI IRI) 7,26A.8 7 Units Per Ave L enha -, nn3 PerAve Residential2 (R2j 9.8-ZI.7 10 Unhs Per Ave Mediumpensiiv Residential $ingleFa ml1v detached and attached housing, apartment k5idem,al3 (R31 9.g-26 16 Units Per Acre baotding: RasMential6 (R6I 9.8.17-7 8 Units Per Ave High Density ReSldlnlial Single Family Attached Housing, Apartment Bindings Residential4 (R7I. Residential 5 (R5} 9 8- 4 Za Unl}s Per Acre Iwe and im0tutJonal Civic and Open space CWernmentse ki - ut]liiles, parks, sshpa]s and related Parks and Reveation IPR} NA NA Cnnlmpnity Facrlitiez Puh]ic FaCllrties I NA NA R"OnIk"Ix Use n [s P& AM Nelghtlorhood Mixed Usr [NMUJ 9,6-54 16 Units Per Atre 6usi mu Prafmbrkat Mixed Use {BPIufU} 16,535 8 Units Per Ave Commercial Mixed Use (CMU) I7-Z6 16 Units Per Ave Camrnemial Donmtown Mixed Use lOMU) 0a]A 2R Units Per Ave Gateway Mixed Use IGMUJ 0-54 Z0 Units Per Acre Commercial Corridor (CC) 0-04 4 Units Per Au Retail, oRlee, mixed -use commerclallresldentlal, and Commercial Heavy ICHI NA NA prafesslonal serones IndusUial. Flex 11F) 045 A Unils Per Acre Mansdanuriq and assem y. bulk %orageand Light In uvrlal ll NA NA Urban Indust vial warehaueing, J"mFer Intl Uuckirlg R"foes. Heavy IrWuvrlal (HI) NA NA N., , n­:nd,A.rgytu arx atnio —I.- lu, lalwe newt, in bm rr h- Cuwry I.,lld% a Lamk an !PI Table 1 2.5 Overlay Districts The city's development regulations include land use overlay districts which are applied in parts of the city, as summarized below. • Downtown Height Overlay District (DHOD) • Self Storage Overlay District (SSOD) • Ruby Creek Overlay District (RCOD)View Protection Overlay District (VPOD) Port Orchard's overlay districts accomplish varying objectives including implementing subarea plans, providing regulations for the development in centers, regulating specific uses, and determining building heights. The creation of a new overlay district may be appropriate as the City continues to develop subarea plans under the Centers approach to growth. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 133 of 287 Chapter 2: Land Use 2.6 Land Use Goals & Policies Goals are not listed in any particular order. Port Orchard strives to: Goal I. Retain Port Orchard's small town commercial and residential character while accommodating allocated growth citywide. Policy LU-1 Ensure that land use and zoning regulations maintain and enhance existing single- family residential neighborhoods, while encouraging that new development provides a mixed range of housing types. Policy LU-2 Limit industrial development to locations accessible from arterials or freeways and discourage industrial access through residential areas. Policy LU-3 Update and establish building and site design standards that support an attractive and functional built environment in all areas of the City. Policy LU-4 Encourage the subdivision of large parcels and, through private subdivisions and public acquisitions, the creation of a continuous street grid similar in scale to the downtown's, especially in designated centers of local importance. Goal 2. Ensure that sufficient land is available for development to accommodate allocated growth in population and employment. Policy LU-5 Ensure land use and development regulations enable a supply of housing units within the city and adjacent UGA that will accommodate forecasted population growth. Ensure land use and development regulations enable a supply of commercial retail and office space within the city and adjacent UGA that will accommodate forecasted employment growth. Policy LU-6 Ensure adequate land is available for light industrial and commercial uses, including high technology, medical, and office uses, in appropriate areas to diversify Port Orchard's economic base and provide for the community's changing needs. Policy LU-7 Monitor the rate of residential, light industrial and commercial growth against the 20- year targets established in VISION 2040 and the Countywide Planning Policies, and if growth appears to deviate from a rate that complies with these targets, consider adopting reasonable measures such as reducing/increasing adopted transportation levels of service, reducing/increasing impact fees, or accelerating/delaying projects within the City's Capital Improvement Program. Policy LU-8 Provide a variety of housing types and employment opportunities that meet the needs of diverse socioeconomic interests. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 134 of 287 Chapter 2: Land Use Policy LU-9 Notify adjacent military facilities of relevant local land use decisions. Goal 3. Implement a strategy to develop centers. Policy LU-10 In consultation with stakeholders and the general public, develop a comprehensive strategy to implement centers as a means of directing and prioritizing residential and commercial growth. Policy LU-11 Within centers, set minimum building densities that enable lively and active streets and commercial destinations. Such limits may take the form of: minimum floors or building height, floor -area -ratios, and lot coverage; and maximum street setbacks and parking spaces. Goal4. Ensure that both public services and infrastructure are developed in an efficient and cost-effective manner. Policy LU-12 Prioritize capital facilities and transportation investment in those locations targeted for growth and higher land use densities. Policy LU-13 Coordinate with Kitsap County to develop a plan and timeline to annex UGA land adjacent to the city, consistent with the city's capability to provide municipal services and applicable law. Policy LU-14 Identify land in the UGA that is useful for public purposes, such as utility corridors, transportation corridors, parks, schools, and other public uses. Goal S. Protect, enhance, and maintain the values and functions of Port Orchard's natural areas, open spaces, and critical areas. Policy LU-15 Evaluate a range of incentives to encourage compact development to preserve open space throughout the city, possibly to include density credits, incentive zoning, and transfer of development rights. Policy LU-16 Prioritize the development of new parks, open space, and passive and active recreational opportunities in underserved neighborhoods and centers. Policy LU-17 Incentivize infill development to preserve and protect open space, critical areas, and natural resources. Policy LU-18 Identify land in the UGA that is useful for open space corridors, including land for recreation, wildlife habitat, trails, and connections of critical areas. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 135 of 287 Back to Agenda Chapter 2: Land Use Policy LU-19 Protect the quality and quantity of groundwater used for public water supplies through zoning designations, development regulations, and the local critical areas ordinance. Goal 6. Reduce congestion and greenhouse gas emissions, promote public health, reduce auto dependency, and increase multimodal transportation opportunities for accessing retail services, health care services, and places of employment. Policy LU-20 Ensure orderly development, concurrency of infrastructure provision, and protection of environmentally sensitive areas through an effective and predictable permitting process. Policy LU-21 Remove barriers to low -impact development in zoning, subdivision, and street regulations. Encourage the minimization of impervious surface areas in development. Policy LU-22 Promote local food security and public health by enabling the establishment of urban agriculture, community gardens, farmers markets, and food production and distribution infrastructure. Policy LU-23 Enable land use patterns that allow all residents to safely and efficiently access commercial services, especially grocery stores and healthcare facilities, without an automobile. Policy LU-24 Encourage the expansion of transit networks that enable both incorporated and unincorporated neighborhoods outside of the city to access job centers within Port Orchard. Goal 7. Encourage the development of active, vibrant, and attractive destinations throughout the community. Policy LU-25 Incorporate the following principles in planning for commercial areas: • Create lively and attractive places at a human scale. • Support a mix of retail, office, and residential uses in multistory structures. • Create transitions between commercial areas and surrounding residential neighborhoods. • Protect residential areas from excessive noise, exterior lighting, glare, visual nuisances, and other conditions that detract from the quality of the living environment. • Encourage multi -modal transportation options, especially during peak traffic periods. • Promote an intensity and density of land uses sufficient to support effective transit and pedestrian activity. • Promote a street pattern that provides through connections, pedestrian and vehicular access. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 136 of 287 Chapter 2: and Use • Establish urban and architectural design standards that support an attractive and functional pedestrian environment, such as block size limits and requiring street - facing windows and doors. • Encourage pedestrian travel to and within commercial areas by providing: • Safe and attractive walkways. • Close groupings of land uses. • Parking lot design that provides safe walking routes and pedestrian connections between adjacent properties. • Off-street surface parking to the backs or sides of buildings to maximize pedestrian access from the sidewalk(s). Goal 8. Connect new and existing neighborhoods to each other, to commercial and employment centers, and to public facilities. Policy LU-26 Require adequate transitions between different land uses to mitigate potential negative impacts of noise, light, and air pollution. Policy LU-27 Require new development to provide connections to and through -access for existing and planned trails and roads. Explore strategies to encourage existing development to provide the same as part of a city- and region -wide trail and open space network. Goal9. Encourage the ongoing development of downtown as an active, vibrant community, commercial, social, and civic center while respecting its historic character. Policy LU-28 In conjunction with the Centers strategy, enhance downtown Port Orchard's role as the center of the South Kitsap region, reflecting the following principles in development standards and land use plans: • Encourage land uses that support transit centers and promote pedestrian activity. • Promote a mix of uses, including retail, office, and housing. • Encourage uses that will provide both daytime and evening activities. • Support civic, cultural, and entertainment activities. • Provide sufficient public open space and recreational opportunities. • Enhance, and provide access to, the waterfront. • Develop enhanced design guidelines and design review requirements that promote attractive, pedestrian -scale development and redevelopment within the City's historic downtown area. Policy LU-29 Consider conducting a downtown parking study to assess current and future parking needs and develop solutions and strategies to address identified constraints or oversupply. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 137 of 287 Chapter 2: Land Use Policy LU-30 Ensure land use designations and development support existing maritime industries, promote creative uses of the waterfront, and facilitate the planning and construction of waterfront parks and gathering places. 2.7 The Centers Strategy 2.7.1 Introduction The post-war 1920s have become synonymous with the beginning of a development pattern known as urban sprawl. Sprawl expands development over large amounts of land, resulting in long distances between homes, jobs, and stores. It also significantly increases dependence on the automobile and traffic on neighborhood streets and highways, as driving is required for nearly every activity. This development pattern also draws economic resources away from existing communities and spreads them thinly and inefficiently, far away from a community's historic core. This increases spending on new roads, new water and sewer lines, and police and fire protection. This ultimately leads to the degradation of the older city, higher taxes, and fewer available resources for already existing communities. In the early 1990s, Washington sought to combat this adverse development style by adopting the GMA. Among other ambitions, the GMA suggested a new development pattern broadly known as Centers. In 2014, the City designated ten "local centers" in its Comprehensive Plan, in accordance with the criteria provided in the Puget Sound Regional Council's (PSRC) VISION 2040, which is a regional strategy for accommodating the expected 2040 population of the Puget Sound region. In subsequent years, VISION 2040's criteria and terminology for centers have been revised, and the City has revised its center terminology and boundaries for consistency. Based on the new criteria, the City now has eight designated "countywide centers" and four designated "local centers". In addition, the City identifies two countywide centers as a Candidate Regional Center. Compact development Power Sewer enables efficiency in ��� capital facilities construction and CD service delivery Roads Water A. Least Dense B. Moderately Dense C. Most Dense Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 138 of 287 Chapter 2: Land Use Figure 3 — The advantages of infrastructure and land use concurrency 2.7.2 What are Centers? Traditional neighborhoods often had smaller business districts that served surrounding residential areas. These districts typically had retail shops, markets, and services that were a short walk from the homes in the area. Additionally, these districts created a unique identity that solidified the neighborhood. With the increased cost of fuel and the economic recession, residents of Port Orchard have expressed a preference for the development of smaller, local retailers and service providers in places that knit people and commerce together on a local level. Centers are focused areas of development that have key uses which enable the City to deliver services more cost -efficiently and equitably pursue a development pattern that is environmentally and economically sound, and provide a means of influencing growth and change through collaboration with the community in planning for the future of these areas. This strategy helps to accommodate growth in designated areas while preserving the existing character of the community, thereby retaining more open space and the dominant pattern of existing development. Centers accomplish these objectives by: • Concentrating a thoughtful mix of supporting uses. • Allowing more intense development while maintaining appropriate scale. • Offering a wider variety of housing types that meets the needs of the broader community. • Minimizing the dependence on vehicle trips. The Centers strategy is a comprehensive and long-term approach to planning for a sustainable future that helps preserve those aspects of the community that residents' value. This approach is intended to maximize the benefit of public investment in infrastructure and services and promote collaboration with private interests and the community to achieve mutual benefits. Providing opportunities for residents, jobs, stores, services, and open spaces to be located in close proximity can reduce the reliance on cars for shopping and commuting and offer better access to daily wants and needs. Increasing residential and employment densities in key locations makes transit and other public services convenient for more people and therefore makes these services more efficient. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 139 of 287 ack to Agenda Chapter 2: Land Use The criteria for the designation Centers are found in the Puget Sound Regional Council (PSRC) Regional Centers Framework Adopted March 22, 2018 and in Vision 2040, which is a regional strategy for accommodating the expected 2040 population of the Puget Sound region. According to VISION 2040, centers serve important roles as sub -regional hubs and secondary concentrations of development. They provide a dense mix of housing and services, such as stores, medical offices, and libraries. They serve as focal points where people come together for a variety of activities, including business, shopping, living, and recreation. They often have a civic character with community facilities, such as municipal buildings and other public places. Local centers should be served by regular local transit and regional express transit service and should have a complete network of sidewalks and access to bicycle paths and transit facilities. The Regional Centers Framework defines five different types of Centers: 1. Regional Growth Centers 2. Manufacturing Industrial Centers 3. Countywide Centers 4. Local Centers 5. Military Installations Several of the identified center types include subtypes. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 140 of 287 Chapter 2: Land Use Figure 5 — Rendering of a concept for a pedestrian -focused town center 2.7.3 Designated Centers (Existing and Planned) The following centers have been designated in the City's comprehensive plan by center type: Regional Centers. The City has no designated regional centers at this time. Downtown Port Orchard was evaluated as part of the Downtown Subarea Planning Process as a candidate for reginal center designation but achieving the PSRC requirement for 45 activity units per acre was determined to be too large of a change to Downtown Port Orchard. As Downtown continues to grow and evolve, its candidacy as a regional center should be revisited in the future. Manufacturing Industrial Centers. The City has no designated Manufacturing Industrial Centers currently. The City's only industrial park is too small to be considered either a Manufacturing Industrial Center or a Countywide Center. Port Orchard is served by the nearby Puget Sound Industrial Center — Bremerton. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 141 of 287 Chapter 2: and Use Countywide Centers. The City has 7 designated Countywide Centers. Not all of these Countywide Centers meet the minimum activity units per acre threshold per the PSRC Regional Centers Criteria for Countywide Centers (8 activity units per acre). The City intends that these Countywide Centers which don't presently meet the activity unit threshold set by PSRC will meet that threshold in the future. These centers may temporarily be recognized as candidate countywide centers or local centers until the activity unit threshold is met. The City's designated Countywide Centers are as follows: 1. Downtown Port Orchard 2. Tremont Center 3. Lower Mile Hill 4. Upper Mile Hill 5. Sedgwick Bethel 6. Bethel Lund 7. Sedgwick Sidney (Ruby Creek Neighborhood) Local Centers. The City has designated the following local centers: 1. Annapolis 2. Old Clifton Industrial Park 3. McCormick Village 4. Bethel South Center (Salmonberry) Military Installations. The City has no military installations within the City Limits. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 142 of 287 Chapter 2: Land Use CrfY OF PORT ORCHARD 2021 CENTERS •.ARM - 1 nn3p011e � aeme� wva owunmm 17_7 L—,IMn.HIII old ma Nam .�. SMgv�ick BeNel _ .Soulli J11hII 1 mo l �ptlo�Mle Hll Urban Growth Area " s 9 4 f p E �' _a•F 2.7.4 General Center Goals and Policies The following are a list of general goals and suggested policies that Centers should seek to fulfill. Although Centers have common elements, it should be acknowledged that each Center is unique and have/will have a different set of priorities. Centers goals should be tailored to the specific Center in question. Generally, Centers should seek to: Policy CN-1 Prioritize the City's residential, commercial and light industrial growth and infrastructure investments within designated Centers, in accordance with VISION 2040 and the Countywide Planning Policies. Policy CN-2 Focus future growth in designated, higher intensity areas in an effort to encourage the preservation of open space and maintain surrounding neighborhood character. Policy CN-3 Shorten commutes by concentrating housing and employment in strategic locations, which provides residents opportunities to live and work in the same neighborhood. Policy CN-4 Provide commercial services that serve the population of the Center, surrounding neighborhoods, the city, and the region (dependent on the suitability of the scale of each Center). Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 143 of 287 Chapter 2: Land Use Policy CN-5 Support pedestrian and transit uses by promoting compact, mixed -use areas with appropriate infrastructure that provide a variety of activities. Policy CN-6 Balance objectives for accommodating growth, encouraging compatibility, promoting housing affordability, and offering a wide range of housing types. Policy CN-7 Provide access to parks and public pedestrian spaces by creating them within each Center or by creating connections to existing public and open spaces. Policy CN-8 During subarea planning for Centers, develop an implementation plan that addresses how the City will meet Center goals through appropriate land use designations, annexation, development of capital facilities and utilities, and related measures. Policy CN-9 The City shall direct growth to Centers of all types through focused regulations and directed capital projects. Policy CN-10 The City should support employment growth, the increased use of non -automobile transportation options, and the preservation of the character of existing built-up areas by encouraging residential and mixed -use development at increased densities in designated Centers. Policy CN-11 The City shall ensure that higher density development in Centers is either within walking or biking distance of jobs, schools, and parks and is well -served by public transit. (Centers Goals 1,2,3,4,5,6; Housing, Parks, Economic Development, Transportation, and Capital Facilities Elements) Policy CN-12 The City shall create and designate zoning that allows a mix of uses to accommodate concentrations of employment and housing. (Centers Goals 2,3,4; Economic Development and Housing Elements) Policy CN-13 The City shall encourage a broad range of housing types and commercial uses within designated Centers, through zoning and development regulations that serve a local, citywide, or regional market. (Centers Goals 3,5; Housing and Economic Development Elements) Policy CN-14 The City shall encourage the creation of public open space, private open space, and parks within and serving designated centers. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 144 of 287 Chapter 2: Land Use 2.7.5 Specific Center Descriptions and Policies 2.7.5.1 Downtown Port Orchard (Countywide Center) In 2021, the City completed a subarea plan for Downtown Port Orchard which is adopted by reference in appendix D. This plan combined two previous centers, the Downtown Port Orchard and County Campus Centers into one center. The center was evaluated for possible designation as a Regional Urban Growth Center, but there was a lack of support for increasing the level of activity in the center to a planned target of 45 activity units per acre. The boundaries of this center are shown on the map below: EG I. �T1lnni 2.7.5.2 Tremont (Countywide Center) T'- — L 1. Purpose. The purpose of the Tremont sub -area plan is to ensure that future development in the Tremont Corridor is guided by specific guidelines and land use regulations that have been generated by community wide involvement. This Comprehensive Plan and Tremont Corridor District plan incorporates existing comprehensive or other documents related to properties within the Tremont Corridor Sub Area. This plan will establish certain important Visions, Goals, and Policies as well as standards and guidelines within the Tremont Corridor sub -area. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 145 of 287 Chapter 2: Land Use 2. Vision. The Tremont Corridor is one of three primary entry points into the City of Port Orchard from Highway 16. Presently the area is a mix of single-family residences, commercial, health care facilities and multi -family residences. The expanded Harrison Hospital Urgent Care Campus and Kaiser Permanente facilities are the anchors for businesses along the corridor, particularly from Pottery Avenue west to Highway 16 forming the basis for a Hospital Benefit District. The Tremont Corridor is a through -way for travelers and residents wanting to access shops and services in the core of the city and businesses and homes in outlying areas. The Tremont Corridor also announces to residents and visitors alike that the city has economic vitality and provides services and opportunities to its citizens and residents in the south Kitsap area. Tremont Corridor residents and Port Orchard citizens have determined that they would like to see the corridor developed in way that encourage professional businesses that support the health care facilities already in place and businesses that allow the continuing free flow of traffic from Highway 16 into the downtown areas. Focus should be placed upon pedestrian connections within the district as well as providing a regional connection to the South Kitsap areas served by the hospitals and emergency service providers within the district. Tremont Avenue will be improved and widened with sidewalks, street trees and a landscaped island that will create a boulevard style of roadway. The Tremont corridor is promoted to include design standards that will necessitate new development to provide a consistent, attractive landscape edge while maintaining a human scale to new and redevelopment projects. A system of trails that are pedestrian and bike friendly connecting the Tremont Corridor to the Port Orchard marine walkway with trails through natural areas are key to the success of the Tremont district. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 146 of 287 Chapter 2: Land Use The Tremont district is envisioned with some multi -family residences to accommodate the combination of residential and employment land uses within walking distances of the major health care facilities. Some cafes and neighborhood services are also envisioned to support those living, working or visiting the health care facilities. Regulations and design guidelines should help to ensure that parking is provided in a manner that is beneficial to the neighborhood and enhances the flow of transportation through the district. In addition, Tremont Corridor stakeholders envision monument signage that are tastefully designed and constructed of natural materials. The corridor from Pottery Avenue east to Sidney Road consists primarily of single-family residences and small clinics. Single family uses are encouraged as a desired mix of services and residential uses within this district. 3. Housing and Employment. As of 2018, the Tremont Countywide Center measured 215 acres containing 1,092 residents and 702 jobs. This equates to 8 activity units per acre under the PSRC regional centers framework. 4. Tremont Center Goals Goal 10. Encourage development within the area that supports the major hospital and medical installations (Harrison Hospital and Kaiser Permanente) and assists the emergency response agencies in the corridor (South Kitsap Fire District). Policy CN-26 Encourage regulations that enhance existing businesses while providing incentives that promote economic growth in the corridor while maintaining sensitivity to residents in the area. Policy CN-27 Encourage professional and office uses that support the medical industry and create pedestrian oriented health care focus. Policy CN-28 Promote the creation of a hospital benefit district that will create opportunities for additional community and economic development funding. Goal 1 I. Encourage residential units in walking distance to employment, services, and health care facilities. Policy CN-29 Require sidewalks or interconnected pedestrian paths or a system of trails for non - motorized transportation with all new development. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 147 of 287 Chapter 2: and Use Goal 12. Encourage development of an efficient multimodal transportation system and develop a funding strategy and financing plan to meet its needs. Policy CN-30 Encourage all new developments to limit direct access to Tremont Street. Policy CN-31 All future City paving projects on streets within the Tremont Corridor should include continuous 6-foot paved walkways for pedestrian use. Policy CN-32 Developments abutting public rights -of -way within the Tremont Corridor should include sidewalks and bicycle lanes Policy CN-33 The City shall help to facilitate the development of trail systems that connect the Tremont Corridor with transportation facilities in the surrounding areas. Policy CN-34 Encourage the expansion of Kitsap Transit's service to increase trip frequency within the Tremont Corridor. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 148 of 287 Chapter 2: and Use 2.7.5.3 Lower Mile Hill Countywide Center The Lower Mile Hill Countywide Center consists of the lower sections of the Mile Hill Road commercial corridor and adjacent multi family development. The area is served by Kitsap Transit. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. As of 2018, the Lower Mile Hill Countywide Center measured 70 acres containing 174 residents and 288 jobs. This equates to 7 activity units per acre under the PSRC regional centers framework. sK nui nccrss meicyR J - Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 149 of 287 Chapter2: Land Use JL�5.4 Upper Mile Hill Countywide Center The Upper Mile Hill Countywide Center consists of the upper sections of the Mile Hill Road commercial corridor and contains mix ofmulti family and single family development. The area is served by Kitsap Transit. The City should work to develop e sub area plan for this area prior tothe next periodic comprehensive plan update. As of201Q,the Upper Mile Hill Countywide [enter measured 65 acres containing 387 residents and 373 jobs. This equates to 10 activity units per acre under the PSRC regional centers framework. � Port Orchard CmnpmhonxkmP|un Adopted: June 2016 Revised: Nov 201B.July 2020' Page 150 of 287 Chapter 2: and Use 2.7.5.5 Sedgwick/Sethel Countywide Center The Sedgwick/Bethel Countywide Center consist of the Sedgwick Rd corridor from Geiger to the West to the city boundary to the East including the Bethel and Sedgwick intersection. In addition to commercial development and commercially zoned vacant land, this area includes a future park site and land zoned for multifamily development. The area is served by Kitsap Transit. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. As of 2020, the Sedgwick/Bethel Countywide Center measures 161 acres containing 58 residents and 505 jobs. This equates to 4 activity units per acre under the PSRC regional centers framework. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 151 of 287 Chapter 2: and Use 2.7.5.6 Bethel Lund Countywide Center The Bethel/Lund Countywide Center consists of the Bethel commercial corridor near the intersection of Lund Avenue including nearby residential areas. The area is served by Kitsap Transit. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. As of 2018, the Bethel/Lund Countywide Center measured 114 acres containing 267 residents and 1,195 jobs. This equates to 13 activity units per acre under the PSRC regional centers framework. g f ca.axcar. 9 1 F g it `� " 2 / i roicss�nF S = \, Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 152 of 287 Chapter 2: Land Use 2.7.5.8 Sedgwick/Sidney (Ruby Creek Neighborhood) Countywide Center The Sedgwick/Sidney Countywide Center is a rapidly developing area of the city at the intersection of Sidney Road SW and Sedgwick Ave that has seen more than 220 units of multifamily housing develop since 2010 along with significant new commercial development. The area is served by Kitsap Transit. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. As of 2018, the Sidney/Sedgwick Countywide Center measured 148 acres containing 450 residents and 252 jobs. This equates to 5 activity units per acre under the PSRC regional centers framework. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 153 of 287 Chapter 2: Land Use 2.7.5.8 Old Clifton Industrial Park Local Center The Old Clifton Industrial Employment Local Center is located at the site of reclaimed sand and gravel mine. Its close proximity to transportation facilities and its isolation as a result of past mining activities make it an ideal site for industrial and employment uses. The site is served by Kitsap Transit and is located along Old Clifton Road near SR-16. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. �L L F- i- � T�_, I- =�L - �F- II % I 4� k-1 L L ._ T � � �— -- _ 3 J Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 154 of 287 Chapter 2: Land Use 2.7.5.9 McCormick Woods Local Center The McCormick Woods/Old Clifton Mixed Use Center includes portion of the McCormick Woods master planned community, the recently developed city park McCormick Village Park, the site a future South Kitsap High School (an additional high school), recreational facilities including trails and a golf course, and areas zoned for multifamily and commercial development. The area is not presently served by Kitsap Transit. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 155 of 287 Chapter 2: Land Use 2.7.5.10 Annapolis Local Center The Annapolis Local Center is located on the Sinclair Inlet shoreline east of the city's Downtown Countywide Center. This center includes Mitchell Point and the Annapolis Pier, from which Kitsap Transit operates a foot ferry service to Bremerton during the work week. Commuter parking is located east of the pier. The area also includes a number of historic buildings, commercial services, and residences, as well as a public dock and kayak launch point. The Bay Street Pedestrian Pathway will end at the foot ferry facility. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 156 of 287 Chapter 2: Land Use 2.7.5.11 Bethel South (Salmon berr r) Local Center The Bethel South Local Center consists of the underdeveloped intersection of Salmonberry and Bethel and the nearby residential areas. The area is served by Kitsap Transit. The City should work to develop a sub area plan for this area prior to the next periodic comprehensive plan update. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 157 of 287 Chapter 2: Land Use 2.7.6 Road Map to Implementation Further planning for each identified local center is required in order to implement the City's vision for the overall centers strategy. The city is committed to undertaking a sub area planning process for each center, to better identify center boundaries, develop a vision, goals, and policies for each center. This planning process will also provide recommendations for amending the development regulations, zoning designations, design guidelines and capital facility plans to reflect and implement the sub area plans. Sub -area plans for the centers will be adopted into the City's comprehensive plan. Port Orchard Comprehensive Plan Adopted: June 2016 Revised: Nov 2019, July 2020, June 2021 Page 158 of 287 Back to Agenda EXHIBIT 4 I 20.39.040 Use table. (Gray shading separates categories into residential, commercial and industrial, and civic/parks) Use Category Specific Use R1 11211131114 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI Cl PR PF Definition/Standards Residential Uses All household living, as listed below: Ingle -family detached (including new manufactured homes) P P P - - P P P - - P - - - - - - - -- 20.39.600 - 615 Designated manufactured home, manufacti mobile home (except for new designated manufactured homes) - - P - - - - - - - - - - - - - - - - 20.39.600 - 615 New designated manufactured home P P P - - P P P P - - P - - - - - - - - Two-family - P P - - P - P P - - P - - - - - - - 20.39.600 - 615 Single-family attached (2 units) - P P - - P - P P - - - P - - - - - - - 20.39.600 - 615 Single-family attached (3 or 4 units) - P P P P P- P P P P P P P- P -- - 20.39.600 - 615 Single-family attached (5 or 6 units) - - P P P P - P P P P P P P - P - - - 20.39.600 - 615 Multifamily (3 or 4 units) - - P P P - - P P P P P P P - P - - - 20.39.600 - 615 Multifamily (5 or more units) - - P P P - - P P P P P P P - P - - - - 20.39.600 - 615 Manufactured or mobile home park - - - - - - - - - - - - - - - - - 20.39.600 - 615 Boarding house - - - C C -- -- -- C - P C - - - - - - Congregate living facilities - - C C C -- -- -- C P C - - - - - - - Lodging house - - C C C -- -- -- C - P C - - - - - - Group home (up to 8 residents), except as f P P P P P P P P P - - P - - - - - - 20.39.600 - 615 Adult family home P P P -- -- P P P P - P - - - - - - - Page 159 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 R5 R6 RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards All group living (9 or more residents) - - - C C - [GB P C P C - P P - - - - 20.39.610 Social services facilities - - - - - - - - - - - P P P P P - - 20.39.615 Secured high risk social services facilities - - - - - - - - - - C C C C - - - Public Uses All civic uses, as listed below: Community college, university, trade or tecr school (8,000 square feet or less) - - - - - - - - - P P P P P - - - - 20.39.240 Community college, university, trade or tecr school (more than 8,000 square feet) - - - - - - - - - - - C C C C - C 20.39.240 Club or lodge - - - - - - - - P P P P - - - - P - - 20.39.240 Public use -- -- --- - P P P P P P P P P P P P P 20.39.240 Museum, library - - - - - - - - P P P P P - - - - - P 20.39.240 Place of worship C C C C C -- -- -- P - P P P - - - P - - 20.39.240 School (K-12) - - - - - - - - - - - - C - - 20.39.240 Jail or detention center - - - - - - - - - - - C C C - C 20.39.240 Transit park and ride lot -- C C C-- C C P C C P P P P P P- P Transfer station - - - - - - - - - - - - P - - P 20.39.230 Transit bus base - - - - - - - - - - - P P - - P 20.39.210 All open space and park uses, as listed belm Cemetery C - - - - - - - - - - - - - P - - 20.39.410 Golf course C C C - - C - - - - C - - - - - P P 20.39.410 Park, recreation field - - - - - - - - P P P P - - - - - P P 20.39.410 Animal shelter or adoption center - - - - - - - - - - - - C C I C IC IC C - C 20.39.200 Page 160 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 RS R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards All utilities, as listed below: Minor utilities P P P P P P P P P P P P P P P P P P P P P 20.39.415 Major utilities - - - P P P P P P 20.39.415 Wireless telecommunication facilities, as list below: Amateur radio operator tower P P P -- -- -- P -- - - - - - - - - - -- - - 20.39.270 Small cell wireless telecommunication facilit P P P P P P P P P P P P P P P P P P P P P 20.39.270 Wireless telecommunication tower (exclude cell facilities) C C C C C C C C C C C C C C C C C C- C 20.39.270 Commercial Uses All day care, as listed below: Family day care (6 children or fewer) P P P -- -- P P -- - P - - - - - 20.39.505 Group day care (mini day care) (7 to 12) C C C - - C C C P P P P P - - - - 20.39.505 Day care center (13 or more) - - - - - - - C C C - P C P P - - - - - - 20.39.505 All indoor recreation, except as listed below -- -- -- -- -- -- -- -- C P C P P P - - - - C - Shooting range - - - - - - - - - - - C C - -- C 20.39.510 Special event facility - - C C C C C C C C- C C C 20.39.510 Commercial entertainment, except as folio - - - - - - - - P P P P P P P - - - - - Adult entertainment -- -- -- -- -- -- -- -- - - - - - - C C - - - 20.39.515 All outdoor recreation, except as listed belo, - - - C C C P - P P - - - - C C Campground, travel trailer park, RV park (dc include mobile home park) - -- - - - - - -- - - - - -- C C 20.39.530 Horse stable, riding academy, equestrian ce - - - - - - - - - - - - - C C 20.39.530 Page 161 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 IRS R6[GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards Shooting range - - - - - - - - - - - - - - - - C 20.39.530 Marina (upland areas) - - - - - - - C C C C C C C C C C 20.39.575 All overnight lodging, as listed below: Level 1: Vacation rentals or similar short -ter house/room rentals P P P P P P P P P P P P P - - - - - - - 20.39.535 Level 2: Bed and breakfast (up to 7 rooms) C C C - - C C - P P - - - - - - 20.39.535 Level 3: Motel - - - - - - - - - - - P P - - - - 20.39.535 Level 4: Hotel - - - - - - - - - P P P - P P - - - - - 20.39.535 All medical, except as listed below: - - - - - - - - - C C P P P P P - - - P Hospital - - - - - - - - - - - C C C C - - - C 20.39.520 All office, except as listed below: - - - - - - - C C P P P P P P P - - - - Bail bonds - - - - - - - - C C C C P P - - - - - 20.39.525 Surface parking: commercial parking, comrr- lease parking or park and ride, remote park - - - - - - - C C P P P P P P - P - C 20.39.350 Commercial parking garage - standalone - - - - - - - - - C C C C P P P - - - - C 20.39.350 Electric vehicle charging stations P P P P P P P P P P P P P P P P P P P P P 20.12 All personal service, except as listed below: - - - - - - - C C P C P P P P C - - - - Funeral home - - - - - - - - P - P P P P - - - - - 20.39.545 Crematorium - - - - - - - - - - - P P P P P P - - 20.39.545 Indoor animal care - - - - - - - - C P - P - P P P - - - - - 20.39.550 Outdoor animal care - - - - - - - - - - - - C C C C - - - - 20.39.555 Business services - - - - - - - C P P P P P P P P - C - -- 20.39.570 Conference center - - - - - - - - - C C C C C - - C I C 20.39.310 Page 162 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 R5 R6 RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards All restaurants except as listed below: - - - - - - [GB P P P P P P P PFood truck - - - - - - P P P P P P P P P - - P - - 20.39.562 All retail sales, as listed below: Retail establishment (up to 5,000 gross flooi P P P P P P P P P - P - 20.39.565 Retail establishment (5,001 - 15,000 gross fl area) - - - - - - - - - P P P P P P - - - 20.39.565 Retail establishment (15,001 - 50,000 gross area) - - - - - - - - - - - P P P P - - - - - 20.39.565 Retail establishment (over 50,000 gross floo - - - - - - - - - - - C P P - - - - 20.39.565 Fireworks sales in accordance with Chapter 5.60 POMC - - - - - - - - - - - - P P - - - - Recreational marijuana sales - - - - - - - - - - P P I P 1 120.64 Convenience store with fuel pumps - - - - - - - - - - - C - - - - 20.39.565 Convenience store without fuel pumps - - - - - - - - C C C - - P P P - - - 20.39.565 Fuel station, including fuel pumps and fuel without convenience store - - - - - - - - - - - - C - P - - - Automobile service station - - - - - - - - - - - - C - P - - - 20.39.300 All vehicle and tool/construction equipment and rental, as listed below: Light vehicle and light tool or construction equipment sales and rental - - - - - - - - - - - - P P P - - - -- 20.39.565 Heavy vehicle and heavy tool or constructioi equipment sales and rental - - - - - - - - - - - - - P P P P - - - 20.39.565 All vehicle service and repair, as listed below Car wash - - - - - - - - - - - - P P P - - - - 20.39.625 Page 163 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 R5 R6[GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards Vehicle service and repair, minor - - - - - - - - - - P P P P -- -- -- -- 20.39.640 Vehicle service and repair, major - - - - - - - - - P P P P - - 20.39.645 Vehicle service and repair, commercial vehi - - - - - - - - P P P - 20.39.650 Industrial Uses All heavy industrial - - - - - - - - - - - - P - - 20.39.605 All light manufacturing, except as listed belc - - - - - - - - - - - - P P P -- -- -- Commercial laundry, dry cleaning or carpet cleaning facility - - - - - - - - - - - - P P P - - - 20.39.610 Brewery, distillery under 5,000 square feet - - - - - - - - P P - P - - - - - Brewery, distillery 5,001 - 15,000 square fee - - - - - - - - - C C - C P P - - - Brewery, distillery over 15,000 square feet - - - - - - - - - - - - - - P P - - Craft shop - - - - - - - P P P P P - P P P P P - - 20.39.610 Food and beverage processing, boutique (ar used for processing less than 3,000 square 1 - - - - - - - P P P P P - P P P P P - - 20.39.610 Food and beverage processing, industrial - - - - - - - - - P P P P - - 20.39.610 Recreational marijuana production - - - - - - - - - - - P P - - 20.64 All research and development - - - - - - - - P P P P P P - - 20.39.615 Resource extraction - mining, dredging, raw mineral processing, except: - - - - - - - - - - - - - - C - - 20.39.620 Timber harvesting in the absence of concurs development - - - - - - - - - - - - - - - - - - Sand and gravel mining - - - - - - - - - - - - - - - C C - - -- Stockpiling of sand, gravel or other aggrega materials - - - - - - - - - - - - - C P - -- P 20.39.620 Page 164 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards Sheet metal, welding, machine shop, tool ar equipment manufacturing, vehicle painting - -- -- -- -- -- -- -- C P P P - P 20.39.610 All warehouse, storage and distribution, as I- below: -- -- -- -- -- -- -- C C C C C -- -- -- Enclosed storage -- -- -- -- -- -- -- -- - P P P P P - 20.39.655 Self-service storage, mini -warehouse - - - - - - - - C C C C - - 20.39.655 Storage yard - - - - - - - - C C P P - - P 20.39.470 All waste -related service, including wastewa treatment facilities, decant facilities and rec, centers -- -- -- -- -- -- -- -- C - - P 20.39.660 Recreational marijuana processing - -- -- -- -- -- -- -- P P 20.64 Agricultural Uses All agriculture, as listed below: Agricultural processing, excluding marijuan processing -- -- -- -- -- -- -- -- C P P - 20.39.500 Community garden P P P P P P P P P - -- P P 20.39.500 Nursery P P P P P- -- - - 20.39.500 Winery C C C C P P P P-- - 20.39.500 Accessory Uses Accessory uses not otherwise listed below, z determined by the administrator: Accessory dwelling units, as listed below: Accessory apartment (attached dwelling) P P P -- -- P P -- P - 20.39.600, 20.68 Backyard cottage dwelling P P P -- -- P P -- P - 20.39.600 Drive -through facility - -- -- -- -- -- -- -- C P P P P - 20.39.610 Page 165 of 287 Back to Agenda EXHIBIT 4 Use Category Specific Use R1 R2 R3 R4 RS R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/Standards Home occupation P P P P P P P P P - - P - - - - - - - 20.39.615 Home business P P P - - P P - - - P - - - - - - - 20.39.620 Livestock keeping P P P - - - P - - - - - 20.39.625 Outdoor display - - - - - - - - P P P P P P P P P - 20.39.630 Outdoor storage as listed below: Low -impact - - - - - - - - - - P P P P P - - 20.39.635 High -impact - - - - - - - - - - - - P P P - - 20.39.635 Self -storage as accessory use to apartment building - - - P P -- -- - - - - - - - - 20.39.640 Vehicle service and repair, accessory to a residential use P P - - - P P - - - - - - P P - - - - - - 20.39.645 Park as accessory use to residential develop P P P P P P - P P P P P P - - - - - - - - Medical marijuana cooperative P P P P P P P P P P P P P P P P P--- - 20.64 Key: P = Permitted Use C = Conditional Use -- = Use Not Permi Page 166 of 287 Back to Agenda EXHIBIT 5 20.127.130 Community design framework maps. (1) Figure 20.127.130 below is an overview map of the applicable planning areas within Port Orchard. Examine the map to determine which map or figure relates to individual properties. (2) Figures 20.127.130(1) through (16) include community design framework maps for applicable mixed use and nonresidential zones throughout Port Orchard. Figure 20.127.130 Port Orchard Community Design Framework Maps Index :. Sr r � } l 4 M�4;F_ _ MAP. I yrb 1 TIAP 3 MAP A _ — ­rl } t , P } - ; MAP 1, t. F —: ' Legend Y .r �' - _ ' - MAP I - - Jdr GrondsA- - !' Port Orchard Centers I MAP 4 ZZ� 1.1_ Lower nlle Nr no _ Lund Behel 1 � � '` . • I � _� - ti se4.nck 9ad,d sa I b J_ rrcrnan H.IWml 8en6L Di­i. I! llppar Milo HIII i�w In,ln Page 167 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(1) Map #1 - Downtown West Page 168 of 287 EXHIBIT 5 Back to Agenda Figure 20.127.130(2) Map #2 - Downtown East JA� Page 169 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(3) Map #3 - County Campus 4 L EEE= LL rl � ❑ yq ��. � � T r LLM ff j ig PH O �J V+aM cyc�wq �y � LiMfNpcQ Tnfl �J a. Noeeq'�mv. � Gybwitivy 'mea rONtAhbf Xn[epb.eA wd lyreury � mKepol 1 Q N�r4biq weec<anen I-T-FI 1 M;PI PI , � qP it 71 Fi11 _� frammw's mn�c il 0 5J, 1.0•]0 Fe�c OriLnca:y :aperirn: s:.Jc. 2G00 Figure 20.127.130(4) Map #4 - Lower Mile Hill Page 170 of 287 Back to Agenda EXHIBIT 5 Ll FT f _' r..a xnrx ra "�i �. Nnegirvs � VY�Y MOTE 00fY daa w}fnic W^s< - �L j� fexa rvdf llx.6wn memcPetll IIL\11 '0 Q NyrMxbr,%f„«ft«Mn { -- ��'; Sno w6pa magovl mrrwriry dng. .: framcxorirmfta pLn>Fprdal W •. _�I nun�q�n�nnnq ��- -- r o scq ipao N Page 171 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(5) Map #5 - Upper Mile Hill Page 172 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(6) Map #6 - Bethel North Page 173 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(7) Map #7 - Lund Bethel Page 174 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(8) Map #8 - Bethel South Page 175 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(9) Map #9 - Sedgwick Bethel SR16 Page 176 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(10) Map #10 - Bethel Cedar Page 177 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(11) Map #11 - Bethel Lider Page 178 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(12) Map #12 - Tremont Page 179 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(13) Map #13 - Cedar Heights Page 180 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(14) Map #14 - Sidney Glen Page 181 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(15) Map #15 - Sidney Sedgwick Page 182 of 287 Back to Agenda EXHIBIT 5 Figure 20.127.130(16) Map #16 - McCormick Woods Page 183 of 287 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 Subject: Adoption of an Ordinance Establishing a Planned Action for the Downtown Subarea Plan Back to Agenda Meeting Date: June 22, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No. Atty Review Date N/A N/A Summary: The final draft Downtown Subarea Plan and associated development regulations were reviewed by the City Council at the May work-study meeting, followed by a public hearing at the May 25 Council meeting. An ordinance adopting a Planned Action for the Environmental Impact Statement (PA EIS) that was prepared for the Downtown Subarea Plan was reviewed by Council at the June 15 work-study meeting. This ordinance has been submitted for Council's adoption at tonight's meeting. In August 2020, the City issued a SEPA Determination of Significance (DS) for the Downtown Subarea Plan and updated regulations, based on the likelihood that the development proposals in the Subarea Plan may have significant adverse environmental impacts which would require mitigation. The DS identified three alternative Subarea Plan proposals that were analyzed in the EIS, which was released in April 2021. There were 3 alternatives evaluated in the EIS: No Action, Residential Focused, and Mixed -Use Focused. The Residential and Mixed -Use alternatives varied in the balance of residential and commercial development that would be permissible under the EIS. The EIS addressed a number of issues, including: current land uses, development capacity of land within the Subarea Plan, future development mix and locations of densities and uses, transportation, utilities, public facilities and amenities, cultural resources, and natural resources. Approval of the Planned Action ordinance will allow development proposals for a wide range of permit types that are located within the boundaries of the Downtown Subarea Plan to benefit from an expedited permitting process, because their environmental impacts and required mitigation measures have been previously addressed in the EIS. Based on direction from Council at the June 15 work-study meeting, the Planned Action Ordinance will have the effect of completing project -level SEPA review on certain types of development up to specific thresholds. These development thresholds are consistent with the Mixed -Use Focused Alternative 3 from the Final EIS, and allow this development to occur within the Downtown Subarea without further review under SEPA: • 848,600 square feet of nonresidential uses. Under this category, the following square footages are reserved for the following land uses (leaving 244,600 square feet for other non-residential development within the subarea): o Community events center— 24,000 square feet of gross indoor floor area. o Kitsap County Courthouse Campus— 580,000 square feet of gross indoor floor area. Page 184 of 287 Back to Agenda Staff Report 7B Page 2 of 2 • 1,288 units or 752,283 square feet gross of indoor floor area of residential household living, whichever threshold is reached first. Residential household living is defined in POW 20.39.100. • Public park and recreation facilities included in the City of Port Orchard Comprehensive Plan. Additional information on the Downtown Subarea Plan is in the staff report for Business Item 7A. Relationship to Comprehensive Plan: The Downtown Subarea Plan will be adopted as Appendix D of the City's Comprehensive Plan, and the Land Use Element will also be amended. Alternatives: Revise the development thresholds in the Planned Action Ordinance; do not adopt a Planned Action Ordinance. The City received a grant from the Department of Commerce under E2SHB 1923 to prepare a subarea plan and development regulations for the Downtown and County Campus centers, and has committed to fulfill the terms of this contract (Contract C081-19). Recommendation: City staff recommend approval of an Ordinance establishing a Planned Action for the Downtown Subarea Plan, as presented. Motion for Consideration: "I move to adopt an Ordinance establishing a Planned Action for the Downtown Subarea Plan, as presented." Fiscal Impact: N/A Attachments: Ordinance. Page 185 of 287 Back to Agenda [Q,. ]I,11TAL11 J►[9a AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE DOWNTOWN SUBAREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State Environmental Policy Act (SEPA) and implementing rules provide for the integration of environmental review with land use planning and project review through designation of "Planned Actions" by jurisdictions planning under the Growth Management Act (GMA); and WHEREAS, the City of Port Orchard ("City") has adopted a Comprehensive Plan complying with the GMA; and WHEREAS, in 2019, the State Legislature passed E2SHB 1923 creating RCW 36.70A.600 and providing for grant funding to jurisdictions taking specific actions to increase residential building capacity; and WHEREAS, the City received a grant from the Washington State Department of Commerce under E2SHB 1923 to prepare a subarea plan and the development regulations as described in this chapter (Contract C081-19); and WHEREAS, the City previously had conducted planning for the Downtown Center and the County Campus area; and WHEREAS, this updated planning initiative combined both areas into a single area and updated the comprehensive plan and land use code applicable to these areas consistent with Chapter 36.70A RCW; and WHEREAS, on August 14, 2020, under RCW 43.21C.440, the City issued a SEPA Determination of Significance (DS) for the Subarea Plan and updated regulations as a Planned Action based on the likelihood that the proposals may have significant adverse environmental impacts, and identified three alternative subarea proposals for analysis in an Environmental Impact Statement (EIS), including a no -action alternative; and WHEREAS, on April 26, 2021, the City issued a Final Environmental Impact Statement (FEIS) for the Subarea Plan and updated regulations, which addressed issues of current land uses, development capacity, future development mix and location of densities and uses, transportation, utilities, public facilities and amenities, cultural resources, and natural resources, and there have been no appeals; and WHEREAS, the FEIS adequately addresses the significant impacts of the updated Subarea Plan Page 186 of 287 Back to Agenda Ordinance No. Page 2of14 and regulations; and WHEREAS, on June 22, 2021, the City Council adopted the Downtown Subarea Plan, and amendments to the City's Comprehensive Plan and development regulations to implement the Subarea Plan in conjunction with this Planned Action Ordinance; and WHEREAS, in accordance with RCW 43.21C.440, the City desires to designate a Planned Action for the Downtown Subarea Plan; and WHEREAS, consistent with RCW 43.21C.440(1)(b)(i), the Planned Action is in conjunction with a subarea plan adopted under Chapter 36.70A RCW and has had its significant impacts adequately addressed by an EIS under the requirements of SEPA, Chapter 43.21C RCW; and WHEREAS, this Planned Action is for the purpose of implementing development projects in the subarea; and WHEREAS, these projects will be located within the Urban Growth Area and will not include essential public facilities; and WHEREAS, designation of a Planned Action expedites the permitting process for subsequent, implementing projects consistent with the Subarea Plan because those impacts have been previously addressed in a planned action environmental impact statement, and thereby adoption of this Planned Action Ordinance encourages desired growth, investment, and economic development; and WHEREAS, the Downtown Subarea Plan FEIS identifies impacts and mitigation measures associated with planned development in City's Downtown countywide center; and WHEREAS, the City has adopted Comprehensive Plan amendments and development regulations specific to the Downtown Subarea Plan which will guide the allocation, form, and quality of desired development; and WHEREAS, the City's SEPA Rules, set forth in POMC Chapter 20.160, provide for Planned Actions within the City; and WHEREAS, the City as lead agency provided public comment opportunities through an EIS scoping period from August 14 through September 4, 2020, and a public comment period for the Draft Downtown Subarea Plan and Draft EIS from January 19 through February 18, 2021, and held public meetings and hearings as part of a coordinated Downtown Subarea Plan public participation and outreach program during 2020 and 2021; and Page 187 of 287 Back to Agenda Ordinance No. Page 3 of 14 WHEREAS, the City held an EIS public scoping meeting on September 1, 2020, and provided notice of the meeting on August 13, 2020, by mail to all businesses and property owners located within the boundaries and within 1,000 feet outside of the boundaries of the area included in the Downtown Subarea Plan, which exceeds the minimum notice requirements contained in RCW 43.21C.440; and WHEREAS, the City provided notice of the September 1, 2020 EIS scoping meeting on August 14, 2020, by emailing all affected federally recognized tribal governments and agencies with jurisdiction over the future development anticipated for the planned action, in compliance with RCW 43.21C.440; and WHEREAS, on May 4, 2021, the Planning Commission held a public hearing on the Downtown Subarea Plan after due notice provided on April 15, 2021, to all parties of record and all affected federally recognized tribal governments and agencies with jurisdiction over the future development for the Subarea Plan; and WHEREAS, on May 21, 2021 the City Council provided notification of a public hearing to be held on May 25, 2021, by newspaper publication, publication on the City's website and outreach on social media channels; and WHEREAS, the City Council held a public hearing on May 25, 2021, on the Downtown Subarea Plan, and considered public comment; and WHEREAS, the City provided notice of intent to adopt a Planned Action Ordinance for the Final EIS on June 11, 2021 to all parties of record and all affected federally recognized tribal governments and agencies with jurisdiction over the future development for the Downtown Subarea Plan; WHEREAS, the City Council reviewed the Planned Action Ordinance at its work-study meeting on June 15, 2021; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. is to: SECTION 2. Purpose. The City Council declares that the purpose of this ordinance Page 188 of 287 Back to Agenda Ordinance No. Page 4 of 14 A. Designate the Downtown Countywide Center, as adopted in the Downtown Subarea Plan (Appendix D) of the City's Comprehensive Plan, as a Planned Action Area for the purposes of environmental review and permitting of subsequent, implementing projects pursuant to SEPA, RCW 43.21C.440; B. Combine environmental analysis, land use plans, development regulations, City codes and ordinances together with the mitigation measures in the Downtown Subarea Plan EIS to mitigate environmental impacts and process planned action development applications within the Planned Action Area; C. Determine that the EIS prepared for the Downtown Subarea Plan meets the requirements of a Planned Action EIS pursuant to SEPA; D. Establish criteria and procedures, consistent with state law, that will determine whether subsequent projects within the Planned Action Area qualify as Planned Actions; Provide the public with information about Planned Actions and how the City will process implementing projects within the Planned Action Area; Streamline and expedite the land use permit review process by relying on the EIS completed for the Planned Action; and G. Apply the City's development regulations together with the mitigation measures described in the EIS and this Ordinance to address the impacts of future development contemplated by this Ordinance. SECTION 3. Findings. The City Council finds as follows: A. The City is subject to the requirements of the GMA (RCW 36.70A), and is applying the Planned Action to an Urban Growth Area (UGA); and B. The City has adopted a Comprehensive Plan in compliance with the GMA, and has amended the Comprehensive Plan to incorporate a subarea plan (Downtown Subarea Plan - Appendix D) specific to the Downtown Countywide Center; and C. The City is adopting development regulations concurrent with the Downtown Subarea Plan to implement the Plan, including this ordinance; and D. An EIS has been prepared for the Planned Action Area, and the City Council finds that the EIS adequately identifies and addresses the probable significant environmental impacts associated with the type and amount of development planned to occur in the Page 189 of 287 Back to Agenda Ordinance No. Page 5 of 14 designated Planned Action Area; and E. The mitigation measures identified in the Downtown Subarea Plan EIS, incorporated herein by reference, together with adopted City development regulations, will adequately mitigate significant impacts from development within the Planned Action Area; and F. The Downtown Subarea Plan and Final EIS identify the location, type and amount of development that is contemplated by the Planned Action; and G. Future projects that are implemented consistent with the Planned Action will protect the environment, benefit the public, and enhance economic development; and H. The City provided several opportunities for meaningful public involvement in the Downtown Subarea Plan and EIS, including a public scoping meeting prior to the publication of notice for the planned action ordinance; have considered all comments received; and, as appropriate, have modified the proposal or mitigation measures in response to comments; and Essential public facilities defined in RCW 47.06.140 are excluded from the Planned Action and not eligible for review or permitting as Planned Actions unless they are accessory to or part of a project that otherwise qualifies as a planned action; and The Planned Action applies to a defined area that is smaller than the overall City boundaries and smaller than the overall County designated UGA; and K. Public services and facilities are adequate to serve the proposed Planned Action, with implementation of Subarea Plan and mitigation measures identified in the EIS. SECTION 4. Procedures and Criteria for Evaluating and Determining Planned Action Projects within the Planned Action Area. A. Planned Action Area. This Planned Action designation shall apply to the area shown in Exhibit A, incorporated herein by reference. B. Environmental Document. A Planned Action determination for a site -specific project application within the Planned Action Area shall be based on the environmental analysis contained in the Final EIS issued by the City on April 26, 2021. The mitigation measures contained in the findings of the Final EIS shall, along with adopted City regulations, provide the framework that the City will use to apply appropriate conditions to qualifying Planned Action projects within the Planned Action Area. Page 190 of 287 Back to Agenda Ordinance No. Page 6 of 14 C. Planned Action Designated. Land uses and activities described in the Final EIS, subject to the thresholds described in Subsection 4(D) and the mitigation measures contained in the findings of the final EIS, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.440. A development application for a site -specific Planned Action project located within Planned Action Area shall be designated a Planned Action if it complies with the mitigation measures contained in the findings of the final EIS and meets the criteria set forth in Subsection 4(D) of this Ordinance and all other applicable laws, codes, development regulations and standards of the City are met. D. Planned Action Qualifications. The following thresholds shall be used to determine if a site -specific development proposed within the Planned Action Area was contemplated as a Planned Action and has had its environmental impacts evaluated in the Planned Action EIS: (1) Qualifying Land Uses. (a) Planned Action Categories: The following general categories/types of land uses are defined in the Downtown Subarea Plan and are considered Planned Actions: i. Single-family detached (including new manufactured homes). ii. Designated manufactured home, manufactured or mobile home (except for new designated manufactured home). iii. Two-family. iv. Single-family attached (2 units). v. Single-family attached (3 or 4 units). vi. Single-family attached (5-6 units). vii. Multifamily (3 or 4 units). viii. Multifamily (5 or more units). ix. Public use (includes a community event center and county campus/courthouse expansion as shown in the subarea plan). x. Museum, library. xi. Park, recreation field. xii. Special Event Facilities (limited to the community event center described in the subarea plan). xiii. All overnight lodging. xiv. Business Services. xv. Conference Center (limited to the community event center described in the subarea plan). xvi. All Restaurants. xvii. All retail establishments (not to exceed 50,000 square feet). xviii. Convenience Store without fuel pumps. xix. Brewery (under 15,001 square feet). Page 191 of 287 Back to Agenda Ordinance No. Page 7 of 14 (b) Planned Action Uses: A land use shall be considered a Planned Action Land Use when: it is located within the area shown in Exhibit A; ii. it is one of the land uses included under Section 4(D)(1)(a) above; iii. it is listed in development regulations applicable to the zoning classifications applied to properties within the Planned Action Area. iv. the application for development is submitted after the effective date of this ordinance. A Planned Action may be a single Planned Action use, or a combination of Planned Action uses together in a mixed -use development. Planned Action uses include accessory uses. (c) Public Services: The following public services, infrastructure, and utilities are also Planned Actions: Multi -modal transportation improvements, water and sewer improvements, and stormwater improvements, considered in capital plans associated with the Downtown Subarea Plan. Applicants for public services, infrastructure, and utility projects shall demonstrate consistency with the Downtown Subarea Plan, Port Orchard Shoreline Master Program, and POMC 20.162 (Critical Areas Regulations). ii. Essential public facilities defined in RCW 47.06.140 are excluded from the Planned Action and not eligible for review or permitting as Planned Actions unless they are accessory to or are part of a project that otherwise qualifies as a planned action. (2) Development Thresholds: (a) Land Use: The following amounts of various new (net increase in) land uses are contemplated by the Planned Action: 848,600 square feet of nonresidential uses. Under this category, the following square footages are reserved for the following land uses: a. Community events center— 24,000 square feet of gross indoor floor area. b. Kitsap County Courthouse Campus — 580,000 square feet of gross indoor floor area. ii. 1,288 units or 753,283 square feet gross of indoor floor area of residential household living, whichever threshold is reached first. Residential household living is defined in POMC 20.39.100. Page 192 of 287 Back to Agenda Ordinance No. Page 8 of 14 iv. Public park and recreation facilities included in the City of Port Orchard Comprehensive Plan. (b) Further environmental review may be required pursuant to WAC 197-11- 172, if any individual Planned Action or combination of Planned Actions exceed the development thresholds specified in this Ordinance and/or alter the assumptions and analysis in the Final EIS. (3) Transportation Thresholds: (a) Concurrency. All Planned Actions shall meet the transportation concurrency requirements and the level of service (LOS) thresholds established in the Port Orchard Comprehensive Plan. All applicants under this Planned Action shall submit a transportation concurrency application that meets the requirements of POMC Chapter 20.180. (b) Traffic Impact and Mitigation. The responsible City official shall require the project to mitigate impacts consistent with the mitigation measures contained in the findings of the final EIS. (4) Elements of the Environment and Degree of Impacts. A proposed project that would result in a significant change in the type or degree of adverse impacts to any element(s) of the environment analyzed in the Final EIS, would not qualify as a Planned Action. (5) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Final EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. (6) Substantive Authority. Pursuant to SEPA Substantive Authority as provided in POMC 20.60, impacts shall be mitigated through the measures included in the findings of the Final EIS. Planned Action Review Criteria. (1) The City's SEPA Responsible Official may designate as "planned actions", pursuant to RCW 43.21C.030, applications that meet all of the following conditions: (a) The proposal is located within the Planned Action area identified in Exhibit A of this ordinance; (b) The proposed uses and activities are consistent with those described in the Final EIS and Subsection 4(D) of this ordinance; Page 193 of 287 Back to Agenda Ordinance No. Page 9 of 14 (c) The proposal is within the Planned Action thresholds and other criteria of Subsection 4(D) of this ordinance; (d) The proposal is consistent with the Port Orchard Comprehensive Plan and the Downtown Subarea Plan; (e) The proposal's significant adverse environmental impacts have been identified in the Final EIS; (f) The proposal's significant impacts have been mitigated by application of the mitigation measures identified in the findings of the Final EIS, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) The proposal complies with all applicable local, state and/or federal laws and regulations, and the SEPA Responsible Official determines that these constitute adequate mitigation; and (h) The proposal is not an essential public facility as defined by RCW 36.70A.200(1), unless the essential public facility is accessory to or part of a development that is designated as a planned action under this ordinance. (2) The City shall base its decision on review of a SEPA checklist or an alternative form prepared by the City for use in this Planned Action area pursuant to state law, the mitigation measures in the findings of the Final EIS, and review of the application and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a planned action, consistent with the requirements of RCW 43.21C.030, WAC 197-11- 164 et seq., and this ordinance. Effect of Planned Action. (1) Designation as a Planned Action Project by the SEPA Responsible Official means that a qualifying proposal has been reviewed in accordance with this Ordinance and found to be consistent with the development parameters and thresholds established herein, and with the environmental analysis contained in the Planned Action EIS. (2) Upon determination by the City's SEPA Responsible Official that the proposal meets the criteria of Subsections 4(D) and (E) and qualifies as a planned action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review Page 194 of 287 Back to Agenda Ordinance No. Page 10 of 14 pursuant to SEPA. G. Planned Action Permit Process. Applications for planned actions shall be reviewed pursuant to the following process: (1) Development applications shall meet all applicable requirements of the Port Orchard Municipal Code (POMC). Applications for planned actions shall be made on forms provided by the City and shall include a SEPA checklist. (2) The City's SEPA Responsible Official shall determine whether the application is complete, as provided in POMC Chapter 20.24. (3) If the application is for a project within the Planned Action Area defined in Exhibit A, the application will be reviewed to determine if it is consistent with the criteria of this ordinance and thereby qualifies as a Planned Action project. (4) SEPA Decision. (a) The decision of the City's SEPA Responsible Official regarding qualification of a project as a Planned Action will be the same decision type as the underlying permit for which the Planned Action is evaluated. The SEPA Responsible Official shall notify the applicant of his/her decision. Notice of the determination on decisions involving a planned action shall also be mailed or otherwise verifiably delivered to federally recognized tribal governments and to agencies with jurisdiction over the planned action project, pursuant to RCW 43.21C.440. (b) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in POMC Chapter 20.22, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. (c) Notice of the application for a planned action project shall be consistent with Chapter 20.22 POMC. (5) If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. See Subsection 4(G)(3)(a) regarding notice of the Type 1 decision. (6) To provide additional certainty about applicable requirements, the City or the applicant may request consideration and execution of a development agreement for a Planned Action project, consistent with RCW 36.7013.170 et seq and Chapter 20.26 POMC. Page 195 of 287 Back to Agenda Ordinance No. Page 11 of 14 (7) If a project is determined to not qualify as a Planned Action, the SEPA Responsible Official shall so notify the applicant and prescribe a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (8) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Final EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The SEPA Responsible Official may limit the scope of SEPA review for the non - qualifying project to those issues and environmental impacts not previously addressed in the Final EIS. SECTIONS. Monitoring and Review. A. The City should monitor the progress of development in the designated Planned Action area as deemed appropriate to ensure that it is consistent with the assumptions of this Ordinance and the Final EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Planned Action Area. B. This Planned Action Ordinance shall be reviewed by the SEPA Responsible Official no later than eight years from its effective date. The review shall determine the continuing relevance of the Planned Action assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the Final EIS. C. The ability to utilize the Planned Action process for development under this Ordinance shall terminate on April 26, 2031, unless extended following the review in subsection B above. For purposes of utilizing the planned action process, submittal of a complete permit application (deemed complete under POMC 20.24) of the following types prior to the termination date shall be considered a Planned Action for the life of the permit: 1. Conditional Use Permit (POMC 20.50) 2. Building Permits (includes Residential, Commercial, Plumbing & Mechanical, Demolition) (POMC Title 20, Subtitle X) 3. Shoreline Substantial Development Permit (POMC 20.164) 4. Shoreline Conditional Use Permit (POMC 20.164) 5. Shoreline Variance (POMC 20.164) 6. Variances (POMC 20.28) 7. Land Disturbing Activity Permit (POMC 20.140 and POMC 20.150.100) 8. Stormwater Drainage Permit (POMC 20.150) Page 196 of 287 Back to Agenda Ordinance No. Page 12 of 14 9. Preliminary Plat (POMC 20.88) 10. Short Plat (POMC 20.86) 11. Binding Site Plan (POMC 20.94) 12. Street Excavation Permit (POMC 12.04) 13. Street Use Permit (POMC 12.24) 14. Final Plat (POMC 20.90) 15. Development Agreement (POMC 20.26) 16. Right of Way Permit (POMC 12.04) SECTION 6. Conflict. In the event of a conflict between this Ordinance or any mitigation measures imposed thereto, and any Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the provisions of the City's critical areas code, shoreline master program or any International Building Code shall supersede. SECTION 7. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 8. 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 parts of this ordinance. SECTION 9. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 22"d day of June 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 197 of 287 APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Council Member PUBLISHED: EFFECTIVE DATE: EXHIBIT A: Map of Planned Action Area Back to Agenda Ordinance No. Page 13 of 14 Page 198 of 287 Ordinance No. Page 14 of 14 EXHIBIT A I d YNp a. l 3Rp a I� El R i Pik LIVE ➢NISLO+ RFPW➢r•I: u kizIS1" 'VIL"'Y yz TAYLOR Sr 7Y NET � z MILE HILL MELCMER A � g MELCNER RA➢EY SIRCLAIR Vrk'W Page 199 of 287 Back to Agenda Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7C Adoption of an Ordinance Meeting Date Prepared by: Amending the 2021-2022 Biennial Budget Salary Table Atty Routing No: Atty Review Date June 22, 2021 Noah D. Crocker Finance Director 366922.0007 — Finance June 17, 2021 Summary: The City Budget is written to capture revenue and expenses over the fiscal period. By Ordinance No. 035-20, the City council adopted the 2021-2022 Biennial Budget, and Exhibit A of the 2021-2022 Biennial Budget identifies the Personnel positions of the City as well as pay ranges. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by budget amendment. By this Ordinance, the City Council would amend Exhibit A of the 2021— 2022 Biennial Budget, as adopted by Ordinance No. 035-20 and amended by Ordinance No.015-21. The proposed budget amendment to Exhibit A will create a new Human Resource Specialist position (1 FTE), reduce 1 FTE for an existing Office Assistant II-Admin position, create a new Assistant Planner position (1 FTE), add 2 FTE's to the Public Works Personnel (bringing the category to 12 FTE's) and add 1 FTE to the existing Public Works Laborer position (bringing the category to 2 FTE's). The net impact of these changes is an additional 4 FTE's from the originally approved Budget. Recommendation: The Finance Director recommends adoption of an Ordinance, amending Exhibit A of the 2021-2022 Biennial Budget. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an Ordinance, amending Exhibit A to Ordinance No. 035-20, as amended by Ordinance No.015-21, the 2021 — 2022 Biennial Budget for the City of Port Orchard. Fiscal Impact: Est. New Human Resource Specialist: Est. Reduction of Office Assistant: Est. New Assistant Planner: Est. Add'I Public Works Personnel (2 FTE) Est. Add'I Public Works Laborer: 2021-2022 $160,000 2021-2022 ($143,000) 2021-2022 $160,000 2021-2022 $327,000 2021-2022 $130,000 Page 200 of 287 Back to Agenda Staff Report 7C Page 2 of 2 These adjustments will be absorbed within the currently approved biennial budget and if an amendment is needed it will be brought forward at a later date. Alternatives: Do not authorize and provide alternative guidance Attachments: Ordinance, Exhibit A, Personnel list (Clean & Redline). Page 201 of 287 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2021-2022 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 035-20 AND AMENDED BY ORDINANCE NO.015- 21; AMENDING EXHIBIT A THERETO, THE PERSONNEL POSITION LIST AND SALARY TABLE; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2021 — 2022 Biennial Budget by Ordinance No.035-20, and amended it by Ordinance No.015-21; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2021— 2022 Biennial Budget; and WHEREAS, the City has evaluated its personnel needs for the 2021-2022 Biennium and desires to modify Exhibit A to Ord. No. 035-20, as amended by Ordinance No. 015-21, to modify the personnel positions and salary table; and WHEREAS, the City desires to create a new Human Resource Specialist Position and fund 1 Full Time Equivalent (1 FTE); and WHEREAS, the City desires to reduce 1 FTE for Office Assistant II; and defund 1 Full Time Equivalent (1 FTE); and WHEREAS, the City desires to create a new Assistant Planner Position and fund 1 Full Time Equivalent (1 FTE); and WHEREAS, the City desires to add and fund 2 Full Time Equivalent (2 FTE) Public Works Personnel; and WHEREAS, the City desires to add and fund 1 Full Time Equivalent (1 FTE) Public Works Laborer; and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Page 202 of 287 Back to Agenda Ordinance No. Page 2 of 2 SECTION 1. Exhibit A to Ordinance No. 035-20, as amended by Ordinance No. 015- 21, the 2021 — 2022 Biennial Budget, is hereby amended as shown on the Exhibit A attached hereto. SECTION 2. 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 3. 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 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. 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 22nd day of June 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlie A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 203 of 287 6/17/2021 10:57 AM Chief of Police 1 67.24 77.97 Community Development Director 1 62.67 72.68 Finance Director 1 62.67 72.68 Human Resources Manager 1 46.94 54.44 Public Works Director/City Engineer 1 62.67 72.68 Total Mayoral Direct Reports 6.00 IlDeputy City Clerk 1 30.46 35.31 IHR Specialist 1 1 29.03 1 33.66 Office Assistant II - Admin 0 1 24.68 1 28.63 Total Administration 2.00 Assistant Finance Director 1 46.94 54.44 Accounting Assistant II 4 27.48 31.86 Accounting Assistant III 2 32.04 37.16 Accounting Assistant III / ITSpecialist 1 33.19 38.48 Network Administrator 1 41.61 48.26 IT Support Specialist 1 32.99 38.25 Total Finance/IT 10.00 Permit Center Manager 1 35.27 40.90 Permit Tech 1 FT 1 27.65 32.07 Permit Clerk (2FT) 2 24.68 28.63 Associate Planner 2 36.28 42.08 Associate Planner Long Range 1 40.04 46.43 Assistant Planner 1 29.03 33.66 Building Inspector 1 34.07 39.51 Building Official 1 43.13 50.02 Code Enforcement Officer 1 33.19 38.48 Total Community Development 11.00 Municipal Court Judge 0.8 62.85 62.85 Court Administrator 1 46.94 54.44 Lead Clerk 1 28.33 33.86 Court Clerk 2.6 23.93 28.58 Total Judicial 5.40 Deputy Police Chief 1 58.59 67.96 Community Health Navigator 1 33.19 38.48 Public Service Officer / Parking Enforcement Officer 2 PT 1 26.21 30.40 Office Manager - Police 1 31.56 37.70 Records Evidence Specialist (2FT, 1 PT 2.7 23.60 28.17 Sergeant 4 46.19 51.14 Patrol Officer 17 30.99 42.55 Total Police Department 27.70 Assistant City Engineer 1 51.51 59.73 Operations Manager 1 45.18 52.38 Utility Manager 1 45.18 52.38 Civil Engineer 1 1 36.28 42.08 Civil Engineer 11 1 43.13 50.02 Stormwater Program Manager 1 37.80 43.84 GIS Specialist/Development Review Assistant 1 37.80 43.84 Public Works Procurement Specialist 1 35.27 40.90 Office Assistant II - Public Works 1 24.68 28.63 Public Works Foreman 1 39.93 39.93 City Mechanic 1 31.37 34.96 City Electrician 1 31.37 34.96 Public Works Personnel 12 25.13 33.94 WA/SW/Storm Coordinators 3 29.79 35.96 Public Works Laborer 2 19.83 23.00 Total Public Works 29.00 Seasonal Worker Hourly 15.00 20.00 Intern Hourly 1 15.00 1 20.00 Temporary Employee Hourly 15.00 20.00 Page 204 of 287 6/17/2021 10:58 AM Chief of Police 1 67.24 77.97 Community Development Director 1 62.67 72.68 Finance Director 1 62.67 72.68 Human Resources Manager 1 46.94 54.44 Public Works Director/City Engineer 1 62.67 72.68 Total Mayoral Direct Reports 6.00 Deputy City Clerk 1 30.46 35.31 HR Specialist 1 1 29.03 1 33.66 Office Assistant II - Admin 0 24.68 28.63 nk..eAssistaRt II n l 4- 24 68 28.63 Total Administration 2.00 Assistant Finance Director 1 46.94 54.44 Accounting Assistant II 4 27.48 31.86 Accounting Assistant III 2 32.04 37.16 Accounting Assistant III / ITSpecialist 1 33.19 38.48 Network Administrator 1 41.61 48.26 IT Support Specialist 1 1 32.99 38.25 Total Finance/IT 10.00 Permit Center Manager 1 35.27 40.90 Permit Tech 1 FT 1 27.65 32.07 Permit Clerk (2FT) 2 24.68 28.63 Associate Planner 2 36.28 42.08 Associate Planner Long Range 1 40.04 46.43 Assistant Planner 1 29.03 33.66 Building Inspector 1 34.07 39.51 Building Official 1 43.13 50.02 Code Enforcement Officer 1 33.19 38.48 Total Community Development 11.00 Municipal Court Judge 0.8 62.85 62.85 Court Administrator 1 46.94 54.44 Lead Clerk 1 28.33 33.86 Court Clerk 2.6 23.93 28.58 Total Judicial 5.40 Deputy Police Chief 1 58.59 67.96 Community Health Navigator 1 33.19 38.48 Public Service Officer / Parking Enforcement Officer 2 PT 1 26.21 30.40 Office Manager - Police 1 31.56 37.70 Records Evidence Specialist (2FT, 1 PT 2.7 23.60 28.17 Sergeant 4 46.19 51.14 Patrol Officer 17 30.99 42.55 Total Police Department 27.70 Assistant City Engineer 1 51.51 59.73 Operations Manager 1 45.18 52.38 Utility Manager 1 45.18 52.38 Civil Engineer 1 1 36.28 42.08 Civil Engineer 11 1 43.13 50.02 Stormwater Program Manager 1 37.80 43.84 GIS Special ist/Develoment Review Assistant 1 37.80 43.84 Public Works Procurement Specialist 1 35.27 40.90 Office Assistant 11 - Public Works 1 24.68 28.63 Public Works Foreman 1 39.93 39.93 City Mechanic 1 31.37 34.96 City Electrician 1 31.37 34.96 Public Works Personnel 12 25.13 33.94 P---bl*n Anrks Dersepsel 40 255..1-3 33.94 WA/SW/Storm Coordinators 3 29.79 35.96 Public Works Laborer 2 19.83 23.00 4 49.83 23.00 Total Public Works 29.00 Seasonal Worker Hourly 15.00 2000. Intern Hourly 15.00 20.00 Temporary Employee Hourly 15.00 20.00 Page 205 of 287 Back to Agenda Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7D Adoption of an Ordinance Authorizing Positions of Human Resources Specialist and Assistant Planner Meeting Date: Prepared by: Atty Routing No. Atty Review Date June 22, 2021 Debbie Lund HR Manager 366922.0008 — H R June 18, 2021 Summary: Concurrent with a budget amendment (adopted by a separate Ordinance, on tonight's agenda), staff is asking the City Council to authorize the general functions and minimum qualifications for two positions, a Human Resources Specialist and an Assistant Planner. The 2020 Salary and Staffing Study recommended an additional skilled position for the human resources responsibilities within the City. In the 2021 budget, the human resources function was moved to the Administration Department. In June of 2021, a position within the Administration Department was vacated due to a resignation. As is the case whenever a position is open, the City takes the opportunity to re-evaluate needs and make a recommendation as to the best appropriation of available funds. As a result of that analysis, staff is recommending the creation of a new full-time position of Human Resources Specialist. This position would report to the Human Resources Manager to provide technical expertise and assistance in support of the various functions of human resources including, but not limited to, recruitment, benefit administration, coordination with payroll, safety and wellness committee, policy research and development, labor relations and negotiations research and data collection, drug and alcohol testing administration, job classification and job description maintenance and development, worker's compensation claim management, and new employee onboarding. The 2020 Salary and Staffing Study also contemplated additional assistance for Community Development in the form of an Assistant Planner. Community Development Director Nick Bond has identified a need for assistance with the planning functions of the department. Director Bond feels the department's needs would be met by the creation of an entry level planning position titled Assistant Planner. The Council previously adopted Ordinance 008-20, which delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualifications and duties as assigned by Ordinance by the Council. Consistent with that authorization, staff prepared an Ordinance establishing and setting the general qualifications and duties for an intern position. Recommendation: Staff recommends approval of the attached summary for the positions of Human Resources Specialist and Assistant Planner. Page 206 of 287 Staff Report 7D Page 2of2 Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt an Ordinance authorizing the creation of the positions of Human Resources Specialist and Assistant Planner and authorizing the Mayor to develop job descriptions consistent with the attached general qualifications and duties set out in the Ordinance." Fiscal Impact: The Human Resources Specialist position is projected to cost approximately $10,000 more per year than the budgeted amount for the position that was vacated earlier this month. Expenses related to the Assistant Planner position would be covered by current and projected future revenues. Alternatives: Do not approve the position summary and provide alternative guidance. Attachments: Ordinance and Appendix A, position summaries for Human Resources Specialist and Assistant Planner. Page 207 of 287 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING NEW EMPLOYEE POSITIONS OF HUMAN RESOURCES SPECIALIST AND ASSISTANT PLANNER AND ESTABLISHING GENERAL QUALIFICATIONS AND DUTIES THEREOF; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City commissioned a 2020 Salary and Staffing Study, which recommended a Human Resources Assistant and identified a future need for an Assistant Planner; and WHEREAS, a recent vacancy in the Administration Department, which includes the human resources responsibilities, provided an opportunity to evaluate needs and redirect expenditures within the department to create a Human Resources Specialist position; and WHEREAS, staff has determined that the additional human resources needs of the City would be best met by a position with additional human resources skills beyond what would be expected of a Human Resources Assistant; and WHEREAS, the Community Development Department has identified the need for an entry- level planner to assist with the workload in the planning functions within the department; WHEREAS, the 2021-2022 budget has been amended to include an FTE for both the position of Human Resources Specialist and Assistant Planner; and WHEREAS, a salary has been recommended and approved by Ordinance of the City Council for the positions of Human Resources Specialist and Assistant Planner; and WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend job descriptions provided they are consistent with the general qualification and duties assigned by the council; and WHEREAS, the Council finds that the addition of these new positions with the duties generally described herein is in the best interests to serve the needs of the City and its residents; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby authorizes the creation of the position of Human Resources Specialist with the qualifications and duties a generally provided for in Appendix A. SECTION 2. The City Council hereby authorizes the creation of the position of Assistant Page 208 of 287 Back to Agenda Ordinance No. Page 2 of 4 Planner with the qualifications and duties a generally provided for in Appendix A. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION S. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of June 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 209 of 287 Back to Agenda Ordinance No. Page 3 of 4 Appendix A Position Human Resources Specialist Department Administration Major Job Function and Purpose Assist in the management of the City's human resources functions including recruitment and selection, research, review and interpretation of employment rules and regulations, and creation and maintenance of job classifications and wage plans. Provide confidential administrative support to the Administration including customer service via telephone and in person at the front counter. Work requires considerable judgment and human relations skills as a routine part of the position. General Function Provides staff support for personnel processes requiring comprehensive knowledge of personnel laws and procedures including recruitment and selection processes, providing information and interpretations on position classification and wage plans, labor negotiations and compliance with employment regulations and guidelines as dictated by federal, state and municipal law. Incumbent must exercise considerable discretion in the protection of confidential information and administration of policies and procedures within guidelines set by the City. Minimum Qualifications Include* Associate degree in Human Resources, Business or Public Administration or related field and four years of progressively responsible experience in an administrative, accounting, or human resources field, preferably in the public sector, is required. Bachelor's degree in Human Resources, Business or Public Administration or related field and human resources experience is preferred. Professional certification in human resources or human resources field is preferred. Must possess a valid driver's license or other method of reliable transportation to attend training and visit worksites as required. Page 210 of 287 Back to Agenda Ordinance No. Page 4 of 4 Position Assistant Planner Department Community Development Major Job Function and Purpose Review development applications and site plans for compliance with local and state regulations and monitor applications through adoption stages. Provide information to the public related to development applications, ordinances, codes and related development information. Perform code development research and drafting, assist with development of applicable plans, regulations, and policies. General Function Responsible for entry level current and long-range planning work as assigned, including providing information to the public on the planning process. Responsible for the review of land use applications, including analysis of the Comprehensive Plan, public policy, development regulations, and state statues. Works with a team of professional planners and support staff to draft, review, process and implement ordinances and a variety of planning policy documents. Minimum Qualifications Include* Bachelor's degree in planning or closely related field from an accredited college or university with major coursework in urban planning, city or regional planning, OR four years of progressively responsible technical or professional work experience in land use and environmental review and permit processing. Experience with the Washington State Growth Management Act, State Environmental Policy Act, Shoreline Management Act, long range planning and community planning is preferred. A valid Washington Driver's License may be required. * All position descriptions allow the hiring manager to consider any combination of experience and training that provides the desired skills, knowledge and abilities. Page 211 of 287 Back to Agenda aw aw- �n . Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7E Meeting Date: June 22, 2021 Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Hugh G. Goldsmith & Public Works Director Associates, Inc. for the Preparation of a Atty Routing No.: 366922.0013 — Water Legal Description and Sketch for Use in a Atty Review Date: June 18, 2021 Water Main Easement at McCormick Village Park Summary: The City desires to utilize the services of a professional surveyor to prepare a legal description and sketch for an easement covering the operation, repair and maintenance of the water main located in McCormick Village Park. Accordingly, on May 26, 2021, the City's Public Works Department utilized the current MRSC Professional Services Consultant Roster to establish a list of qualified consulting firms for the preparation of the legal description and sketch for the Main Category; Land Surveying & Mapping. After staff reviewed, scored and ranked the Statements of Qualification of the three (3) selected firms, the City's Public Works Department determined that Hugh G. Goldsmith & Associates, Inc. was the highest-ranking firm. On June 4, 2021, and upon completion of the Bidder's Checklist, an acceptable Scope and Budget was provided in the amount of $3,500. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends adoption of Resolution No. 041-21, thereby approving Contract No. C065-21 with Hugh G. Goldsmith & Associates, Inc. in the amount of $3,500 for the preparation of the City of Bremerton Water Main Easement at McCormick Village Park. Motion for Consideration: I move to adopt Resolution No. 041-21, thereby approving Contract No. C065- 21 with Hugh G. Goldsmith & Associates, Inc. in the amount of $3,500 for the preparation of the legal description and survey for a Water Main Easement at McCormick Village Park. Fiscal Impact: Funding provided with Water Operating Fund 411. A budget amendment 2021-2022 Biennial Budget may be required. Attachments: Resolution No. 041-21 (Exhibit A attached) and Contract No. C065 -21 (Proposal dated 6/4/2021 attached). Page 212 of 287 Back to Agenda RESOLUTION NO.041-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C065-21 WITH HUGH G. GOLDSMITH & ASSOCIATES, INC. FOR THE PREPARATION OF A LEGAL DESCRIPTION AND SURVEY FOR A WATER MAIN EASEMENT AT MCCORMICK VILLAGE PARK, AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, the City desires to utilize the services of a professional surveyor to prepare a legal description and sketch for an easement covering the operation, repair and maintenance of the water main located in McCormick Village Park; and WHEREAS, On May 26, 2021, the City's Public Works Department utilized the MRSC small works rosters to establish a list of qualified consultants from the 2021 Professional Services Consultant Roster for the Main Category — Surveying and Mapping; and WHEREAS, after staff reviewed, scored, and ranked the qualifications of the consultants selected from the roster for this Project, the City's Public Works Department recommended the award of the contract to the highest-ranking firm, Hugh G. Goldsmith & Associates, Inc.; and WHEREAS, on June 4, 2021, and upon successful completion of the Bidder's Checklist, the City's Public Works Department received an acceptable Scope of Work and Budget Proposal from Hugh G. Goldsmith & Associates, Inc. for the Project; and WHEREAS, the Port Orchard City Council desires to award the contract to Hugh G. Goldsmith & Associates, Inc., and at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute Contract No. C065-21 with Hugh G. Goldsmith & Associates, In. for the preparation of a legal description and sketch for use in a water main easement at McCormick Village Park. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. 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 22nd day of June 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 213 of 287 Public Agency Name: City of Port Orchard Back to Agenda Roster Type: Consultant Roster Date: 05/26/2021 Time: 03:16 pm Main -Category: Surveying and Mapping Sub -Category: Land Surveying and Mapping Consultant Roster Businesses: Adopt A Stream Foundation Alex Barrouk Consulting & Development, LLC Apex Engineering APS Survey & Mapping, Inc. Axis Survey & Mapping Barghausen Consulting Engineers, Inc. Beyler Consulting, LLC Blue Trident, LLC Bluhm & Associates Land Surveyors, Inc Bush, Roed & Hitchings, Inc. Coastal Geologic Services, Inc. Cobb, Fendley & Associates, Inc. Coffman Engineers Coffman Engineers Con Serve Inc dba Thornton Land Surveying Contour Engineering, LLC Contract Land Staff, LLC CRW Engineering Group, LLC David Evans and Associates, Inc. DOWL LLC, D.B.A. DOWL Dudek Duncanson Company, Inc. Element Solutions Encompass Engineering & Surveying Enviro Tech Diving Inc. GeoDesign, Inc., DBA NV5 Geospatial Response GeoTerra, Inc. Goldsmith Gray and Osborne, Inc. Group Four, Inc. Harmsen, LLC Harper Houf Peterson Righellis Inc. HAVEN ECOLOGY AND RESEARCH LLC Huitt-Zollars, Inc. Jepson & Associates, PS KPFF Consulting Engineers KPG Lanktree Land Surveying Inc LDC, Inc. MacKay Sposito MTN2COAST, LLC N.L. Olson & Associates, Inc. NorthLine Surveying, Inc. NV5, Inc. Otak, Inc. PACE Engineers, Inc. Pacific Geomatic Services, Inc. Pacific Surveying and Engineering Services Parametrix PBS Engineering and Environmental Inc. Peninsula Environmental Group, Inc PSI- Professional Service Industries Reid Middleton, Inc. S&F Land Services, LLC SCE, Inc. Page 214 of 287 Back to Agenda Schnabel Engineering, LLC Seattle Tree Care Sitts & Hill Engineers, Inc. Skillings, Inc. Solmar Hydro, Inc Stantec Star Surveying, Inc Statewide Land Surveying, Inc T-0 Engineers Terra Remote Sensing (USA) Inc. USArchive & Imaging Services, Inc. Vantage Aerial Technology WestSound Engineering, Inc. WHPacific, Inc. Wilson Engineering, LLC Page 215 of 287 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 22nd day of June 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And Hugh G. Goldsmith & Associates, Inc., a Corporation, organized under the laws of the State of Washington, doing business at: Hugh G. Goldsmith & Associates, Inc (hereinafter the "CONSULTANT") 1215 114' Avenue SE Bellevue, WA 98004 Contact: Lee Nyquist Phone:425.462.1080 Fax: 425.462.7719 Email: Inyquist@goldsmithengineering.com for professional services in connection with the following Project: Preparation of a legal description and sketch for a Water Main Easement at McCormick Village Park dedication to the City of Bremerton TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 1 of 10 Page 216 of 287 B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on June 22, 2021 ("Commencement Date") and shall terminate July 31, 2021 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $3,500.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A." 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 2of10 Page 217 of 287 B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights . Upon Termination. I . With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 3of10 Page 218 of 287 termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 4of10 Page 219 of 287 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 5of10 Page 220 of 287 Back to Agenda 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 6of10 Page 221 of 287 The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Hugh G. Goldsmith & Associates, Inc. Attn: Lee Nyquist 1215 114t' Ave SE Bellevue, WA 98004 Phone: 425.462.1080 Fax: 425.462.7719 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 7of10 Page 222 of 287 C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 8of10 Page 223 of 287 books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTE S T/AUTHENTICATE: Un Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Lo Charlotte A. Archer, City Attorney Lo Name: Title: City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 9of10 Page 224 of 287 APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Hugh G. Goldsmith & Associates, Inc. Professional Service Agreement Contract No. C065-21 UAStaff Reports GS50-05A-13\2021\20210622\7E 04 C065-21 Hugh G. Goldsmith Associates.docx Rev 7/18/2019 10 of 10 Page 225 of 287 Back to Agenda GOLDSMITH LAND DEVELOPMENT SERVICES June 4, 2021 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attention: lack! Brown, Utility Manager Re. Proposal for McCormick Village Park Water Easement Legal Description and Sketch Dear Jacki, We are pleased to provide this proposal in response to your request for an easement Legal description and sketch for the operation, repair and maintenance of the water main located in the park to accompany the City of Port Orchard's McCormick Village Park dedication document to the City of Bremerton. It is our understanding that the legal description and sketch will be included in the easement document to be prepared by the City of Port Orchard. For this scope of work, we have reviewed the pdf defining 'as -built' water valve boxes located within Phase I of the McCormick Village Park improvement area, and the McCormick Village Park Phase I Improvement Plans. The City confirmed that there are no electronic files available for the as-builts of the main and appurtenances. Therefore, this proposal also includes a scope for a field survey to determine the as -built location of the water facilities. The scope of the field survey will include location of paint markings provided as a part of a utility locate effort by the City and surface observable water features such as valves, fire hydrants, and meters. Based on our review of the available project materials, we propose an estimated budget of $3,500 in accordance with our current Rate Schedule (attached). The budget includes a field survey of the as -built location of water facilities, creation of a legal description of an area including the subject water facilities sufficient to allow for access and maintenance and repair of said facilities and a sketch depicting said legal description. 21-119 COPl7 McCormick Village Water Easement Project Proposal 2021-6-04.docx 1i Page 226 of 287 11400 5E 8'h 5t, Suite 450, Bel levee, WA 99004 PO Box 3565, Bellevue, WA 98009 T: 425.462.1080 1 F: 425.462,7719 www.goldsm ith engineering.com Back to Agenda City of Port Orchard Attn. Jacki Brown Efate You may authorize our services by returning a pdf of this proposal to us, signed in the space provided below. We look forward to our continued work with you on this project. Should you have any questions regarding the nature of this proposal, or wish to discuss it further, please do not hesitate to call. Sincerely, Lee Nyquist, P.L.S. C Goldsmith Engineering Director of Survey 425,462.1080 1 Inyquist@goldsmithengineering.com Authorization is herewith confirmed for the scope of services and terms described above. Organization Date Signature* Name Printed *Individual with contracting authority for services provided by Hugh G. Goldsmith & Associates, Inc. By signing, the contracting authority indicates the General Conditions have been read and are understood. Attachments: Rate Schedule General Conditions 21119 COPO McCormick Village Water Easement Project Proposal 2021-6-04.docx �2 Page 227 of 287 GENERAL CONDITIONS BILLING Billing will be submitted for services performed. Payment is due on receipt of the invoice unless otherwise agreed to in writing. Service charge at the rate of one and one-half percent per month will be added to unpaid accounts due over 30 days. All expenses incurred in liening or collecting any delinquent amount including, but not limited to, reasonable attorneys' fees, witness fees, court costs, and charges at current billing rates for time, transportation and subsistence shall be paid in addition to the delinquent amount. TERMINATION OF SERVICES In the event that the Client requests termination of our services prior to completion, we reserve the right to complete such analyses and record preparation as are necessary to place our files in order and, where considered by us necessary to protect our professional reputation, to complete a report on the services performed to date. A termination charge to cover the cost thereof in an amount not to exceed 30 percent of all charges incurred up to the date of the termination of the contract may be made at the discretion of Hugh G. Goldsmith & Associates, Inc. Likewise, should it be deemed necessary (in our sole discretion) to terminate services for any reason, fourteen days notice will be given to client and all files, data, information, reports, etc. will be made available for client's inspection and use, subject to appropriate limitations and disclaimers. STANDARD OF CARE AND LIMIT OF PROFESSIONAL LIABILITY Hugh G. Goldsmith & Associates, Inc. performs its professional services with that degree of care and skill ordinarily exercised by members of the civil engineering and land surveying professions currently practicing in this area under similar conditions. No other conditions are expressed or implied. We will not be responsible for the interpretation by others of the information that we develop. Should we or any of our professional employees be found to have been negligent in the performance of services to the standard of care of the profession, you agree that the maximum aggregate amount of your recovery against us or to our employees shall be limited to our fee for the services provided under this contract. Should the terms of your contract or purchase order specifically place greater responsibility on us or require higher limits of coverage, we will attempt to obtain coverage to your prescribed limits, the charges for which shall be borne by you. INSURANCE Hugh G. Goldsmith & Associates, Inc. maintains comprehensive general liability insurance coverage which, subject to the limits, terms, and conditions of the policy, provides protection against liability arising out of bodily injury and property damage that is the direct result of negligence in our operational activities. A certificate of insurance will be provided to you upon request in writing. In the performance of this agreement and subject to the limits, terms and conditions of property damage and public liability coverage, we agree to indemnify and hold you harmless from liability resulting from our negligence, but only for that portion of liability which reflects the percentage of our negligence compared to the total negligence of all persons, firms or corporations which results in damage to you. Should the terms of your contract or purchase order specifically place greater responsibility on us or require higher limits of coverage, we will attempt to obtain additional coverage to your prescribed limits, the charges for which shall be borne by you. You agree, in any case, that we shall not bear responsibility for general liability or property damage from any cause including fire and explosion, beyond the limits of coverage in effect for your specific project. CLIENT FURNISHED INFORMATION The Client is responsible to provide Hugh G. Goldsmith & Associates, Inc. a description of the property, its location and the locations of any buried utilities or structures if known. The Client is responsible for advising Hugh G. Goldsmith & Associates, Inc. of any requirements for entry or work permits, security clearances, licenses, or any other required permissions. If the property is not owned by the Client, the Client shall obtain right -of -entry for the purpose of accomplishing our services. OWNERSHIP OF DOCUMENTS All reports, design drawings, field data, field notes, working drawings, calculations, estimates, and other documents prepared by Hugh G. Goldsmith & Associates, Inc. or its agents, which are not paid for, will be returned to us upon demand and will not be used by the Client for any purpose whatever. We will retain all pertinent records relating to the services performed for a period of five years following completion, during which period the records will be made available to the Client at all reasonable times. Reuse of any instruments of service by the Client on extensions of this project or on any other projects without Hugh G. Goldsmith & Associates, Inc.'s written permission shall be at the Client's risk and the Client agrees to indemnify and hold harmless Hugh G. Goldsmith & Associates, Inc. from all claims, damages, and expenses including attorneys' fees arising out of such unauthorized reuse. DISPUTES In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorneys' fees, and other claim -related expenses. JOB SITE Hugh G. Goldsmith & Associates, Inc. will be responsible for our professional activities on the job site. This shall not be construed to relieve the client, owner, or construction contractors of their obligation to maintain a safe job site. Neither our professional activities nor our presence shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility for job site safety. Construction job site safety is the responsibility of the General Contractor. ASSIGNS Neither the client, nor Hugh G. Goldsmith & Associates, Inc. may delegate, assign, sublet or transfer the duties, interests nor responsibilities set forth in this Agreement without the written consent of the other party. Page 228 of 287 is RATE SCHEDULE Back to Agenda Effective January 1, 2021 through December 31, 2021 POSITION DESCRIPTION/COMMENTS Rate/Hr. PROJECT MANAGEMENT / PRINCIPAL CONSULTANT Principal Project Manager Principal Consultant Engineer/Surveyor $210 PROJECT ENGINEERING Project Manager Project Management, Client Coordination, Overall Design Control $179 Sr. Project Engineer Project Design / Engineering Plan Management $168 Project Engineer Project Designer — Assist Project Plan Management $156 Engineering Designer Technician Designer — Assist Project Engineering $142 PROJECT SURVEYING Sr. Project Surveyor L.S. P.L.S. Project Survey Control - Assistant Survey Management $163 Project Surveyor Project Survey Calculation and Field Crew Control $147 Sr. Surveyor Party Chief— Data Coordination $132 Survey Technician Field Surveyor - Data Coordination $116 1-Man Survey Crew Special Condition $165 2-Man Survey Crew Typical $180 3-Man Survey Crew Special Condition - when required $250 sUAS Missions On -site and Data Processing $180 LAND PLANNING & LAND ENTITLEMENT COORDINATION Project Land Use Management Entitlement & Land Subdivision Management Coordination w/ Project Manager or Principal Consultant $130 Sr. Land Planner Land Planning - Land Use Exhibit Design $153 Land Planning / GIS Coordination Land Planning / GIS Coordination $120 Land Use Project Coordination Project Data Coordination, Permit Prep and Tracking, etc. $105 DESIGN SUPPORT - DRAFTING Sr. CADD Technician CADD Tech Support for Design & Survey, Planning — Exhibit Prep. $126 Engineering / Survey CADD Technician CADD Drafting $111 Office Administration Word Processing, in-house repro., deliveries, file transfers, etc. $70 SPECIAL CHARGES Project Costs Outside Consultants, Outside Reprographics, etc. Cost + 12% Per Diem Average $135pp/day Mileage Field Vehicle Only beyond 50-mile radius $0.85/mi Court Availability and/or Testimony Minimum $850/4 hours. Each additional hour at $210/hr. Min. $850 Reproduction Costs (Home Office) Black & White: 8.5" x 11 ": $0.15 per sheet 8.5" x 14": $0.20 per sheet 11" x 17": $0.25 per sheet 18" x 24": $1.25 per sheet 24" x 36": $1.50 per sheet 36" x 48": $1.50 per sheet Color: 8.5" x 11 ": $ 1.25 per sheet 8.5" x 14": $ 1.50 per sheet 11" x 17": $ 2.00 per sheet 18" x 24": $50.00 per sheet 24" x 36": $108.00 Setup/1st Print; $36.00 each thereafter 36" x 48": $175.00 Setup/1st Print; $72.00 each thereafter NOTE: The above rates will have added to them any increment increase imposed on our business by a state tax. Page 229 of 287 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 Subject: Adoption of a Resolution Approving a Contract with Westmark Construction, Inc. for the Library Exterior/Interior Wall Repair Project Back to Agenda Meeting Date: June 22, 2021 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No. Atty Review Date 366922.0009 — PW May 20, 2021 Summary: On April 13, 2021, the Kitsap Regional Library located at 87 Sidney Ave was damaged by a vehicle accident on the westward facing exterior/interior wall, resulting in needed repairs. On April 27, 2021, the City established a list of qualified contractors from the 2021 MRSC Small Works Roster for the Main Category — Concrete and Masonry, Facility Construction, Repair, and Maintenance and Sub -Category — Masonry Construction, Carpentry — Interior, Carpentry — Rough, Maintenance and Repair, to perform the Library Exterior/Interior Wall Repair Project (see attached Resolution as Exhibit A). On April 27, 2021, and pursuant to Resolution No. 019-17 (see Section 5 — Bid Procedures), the City's Public Works Department emailed an Invitation to Bid for the Library Exterior/Interior Wall Repair Project to all the qualified contractors on the selected roster and posted to the city's website. Two (2) bids were received by the May 12, 2021 deadline, at which time Westmark Construction, Inc. was deemed the presumed responsive and qualified low bidder. Final bid amounts were as follows: Name of Contractor Bid Total Westmark Construction Inc. $22,177.05 Summit Sealants & Restoration Services Inc. $28,990.73 On May 12, 2021, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Westmark Construction, Inc. bid of $22,177.05 (applicable tax included) was the lowest responsive and qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that City Council adopt Resolution No. 039-21, authorizing the Mayor to execute Contract No. C061-21 with Westmark Construction, Inc. for the Library Exterior/Interior Wall Repair Project Contract in the amount of $22,177.05 (applicable tax included). Relationship to Comprehensive Plan: Ch 9- Capital Facilities. Motion for Consideration: I move to adopt Resolution No. 039-21, authorizing the Mayor to execute Contract No. C061-21 with Westmark Construction Inc. for the Library Exterior/Interior Wall Repair Project in the amount of $22,177.05 (applicable tax included). Page 230 of 287 Back to Agenda Staff Report 7F Page 2 of 2 Alternatives: Do not approve Fiscal Impact: Associated costs for repair will be covered by insurance. Attachments: Resolution No. 039-21, Ex. A — MRSC Roster and Ex. B - Small Works Contract No. C061-21. Page 231 of 287 Back to Agenda A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C061-21 WITH WESTMARK CONSTRUCTION, INC. FOR THE LIBRARY EXTERIOR/INTERIOR WALL REPAIR PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, on April 13, 2021, the Kitsap Regional Library located at 87 Sidney Ave was damaged by a vehicle accident on the westward facing exterior/interior wall, resulting in needed repairs; and WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2021 MRSC Small Public Works Roster; and WHEREAS, on April 27, 2021, pursuant to RCW 39.04.155, the City's Public Works Department established a roster of qualified contractors for this project from the 2021 Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category — Concrete and Masonry, Facility Construction, Repair, and Maintenance and Sub -Category — Masonry Construction, Carpentry— Interior, Carpentry— Rough, Maintenance and Repair; and WHEREAS, on April 27, 2021, and pursuant to Resolution No. 019-17, Section 5.0 Bid Procedures, the City's Public Works Department issued an email Invitation to Bid for the Library Exterior/Interior Wall Repair Project (ITB) to all the contractors on the selected roster and also posted the ITB to the city's website; and WHEREAS, on May 12, 2021, the City's Public Works Department received two (2) bids, and Westmark Construction, Inc. was deemed the apparent responsive and qualified low Bid for the Library Exterior/Interior Wall Repair Project; and WHEREAS, on May 12, 2021, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Westmark Construction, Inc. as the lowest responsive and qualified bidder; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 232 of 287 Back to Agenda Resolution No. 039-21 Page 2 of 2 THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. C061-21 with Westmark Construction, Inc. for the Library Exterior/Interior Wall Repair Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 22"d day of June 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 233 of 287 9x. A Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Small Works Roster Date: 04/27/2021 Time: 09:46 am Main -Category: Concrete and Masonry, Facility Construction, Repair, and Maintenance Sub -Category: Masonry Construction, Carpentry - Interior, Carpentry - Rough, Maintenance and Repair Small Works Roster Businesses: 3 Brothers Contracting, Inc A- Advanced Septic & Construction A 1 asphalt paving Inc Aalbu Brothers LLC Able General Contracting ABM Industry Groups, LLC Absher Construction ACI Construction Action Services Corporation Adekoya Business Consulting LLC Adopt A Stream Foundation Advanced Radon Technologies, Inc. Alexander Exhibit AM NW Construction Partners LLC Andrew Spear Construction, LLC Aqua Tech , IIc Artus Construction Company ASH CONSTRUCTION, LLC Axthelm Construction, Inc B&B Structures LLC Balance Dynamics, Inc. Bayley Construction, LP BCE SAFETY & BCE CONSTRUCTION Beisley Enterprises LLC Belfor USA Group Inc, Bernard Commercial Inc. BFC Construction, Inc Black Rock Construction & Development LLC BlumBeck Commercial Painting & Wall Covering LLC. Bookkeeper/clerical Breteys Construction LLC BRUMFIELD CONSTRUCTION, INC Builders Flux LLC BVH Groundworks, LLC Cadence Construction, Inc, Camtek Inc. Capitol Duct Cleaning Capstone Structures Carlson Construction, Inc. Cascade Utilities, Inc. Central Washington Property Restorations, LLC CG Construction Services, Inc Charter Construction Chet's Roofing & Construction Inc. Christensen Inc. General Contractor Chuck West Construction and Contracting, Ilc Clarity Construction Inc. Clark And Sons Excavating INC Clean-N-Rooter LLC Coastline Roofing & Construction INC Coating Specialty LLC Combined Construction, Inc. Commercial Upholstery Services Compass Northwest, Inc. Confederated Construction Company Contech Services Inc. Page 234 of 287 Back to Agenda Continental Flooring Company Correct Equipment Crux Diving Inc D & D Construction Inc DARDAN ENTERPRISES, INC Deacon Construction LLC diamond concrete Ilc Dillbrothers Inc. Diver Down Yacht Service Diverse Contractors Douglas Whitney LLC DP Wain Construction, Inc. EIB Group LLC Electric America Elite Construction & Development, LLC Emerick Construction Co. Empire Well Drilling LLC EMTech LLC Equipment Sales Company,lnc, Evergreen Fire Alarms, LLC Evergreen Services Evolution Architecture LLC Fin Contract Finishes Finishing Touch Masonry & Restoration Solutions LLC First Choice Homes FloHawks FORMA Construction Company G.A. Jorgensen Company Inc. Garage Logix Corporation General Mechanical, Inc GeoTest Services, Inc. Gig Habor Carpentry Glacier Industries LLC Global Contractors LLC Good Neighbor Handyman and Construction Services, LLC Grant Steel Buildings and Concrete Systems, Inc Green Earthworks Construction, Inc. Greentree Construction GRINDLINE SKATEPARKS, INC. H&N Electric Hanson Excavation Hanson Tree Service LLC Hermanson Company HMP Contracting HOLADAY-PARKS, INC Holmberg Mechanical Honeywell Inc., Int HORACIO RUIZ Huber General Contractors Inc Humphrey Construction, Inc Hutch -Con Construction Inc. IMAC, INC Industrial Inspection & Services, LLC Interior Technology Interstate Restoration Interwest Construction Inc. In Time Renovations LLC Iron Creek Construction LLC J.A.M. Construction, Inc. JAMESCO PRO INC. James L Shaiman James Lynch Construction J A Morris Construction jawright construction Ilc Page 235 of 287 Back to Agenda JH Construction Resources, Inc John Lupo Construction, Inc. Jones & Roberts Co. JTI Commercial Services JT Industrial LLC K&K Construction KAM Construction Inc KANDU Enterprise Kaplan Homes Unlimited LLC. Kassel & Associates, Inc KDB Inc Kirtley-Cole Associates LLC Kysar & Koistinen, Inc Lamb Contracting LLC Laser Underground & Earthworks, Inc. LKE CORPORATION Long Construction Inc Lotus Landscapes & Arboriculture Marine Floats Corporation Mascott Equipment Company Masonry Restoration Consulting llc Mass X Construction LLC Mathwig painting services Matthews Construction Services, Inc. Mattila Painting, Inc Matzen Construction LLC MBI Construction Services, Inc MCP CONSTRUCTION Mechanical & Control Services, Inc. Michael Green Construction, Inc, Midco Diving & Marine Mills General LLC Mission House Ministries Modern Construction & Consulting Services, LLC MONIES CONSTUCTION NEELEY CONSTRUCTION COMPANY New England Mechanical Overlay Inc. Newton Building & Development, LLC Nordvind Company Northbound Masonry Northsound Utility and Construction, Inc. Northwest Abatement Services, Inc. Northwest Power Services Inc. Northwest Remodel & Design Northwest Thermal Hydronics LLC Northwest Water Systems N P M Construction Co. NW Construction General Contracting, Inc. NW Relining LLC Oceanside Construction, Inc. Olympic Peninsula Construction, Inc. Paasche Construction Inc pacific federal construction Pacific General Builders, LLC Pacific Glass and Door, Inc. Pacific Tech Construction Paintmaster Services Inc. Patriot's Choice, LLC Pease & Sons, Inc. PNTA Port Orchard Plumbing & Heating Inc Preferred Roof Services, Inc ProWorks Enterprises, LLC PSF Mechanical, Inc Page 236 of 287 Back to Agenda Quality Coating Ent. LLC Quigg Bros., Inc. RAESON CONSTRUCTION LLC RailWorks Track Systems Rainproof Contracting, LLC Rains Contracting Inc Ram Construction General Contractors, LLC Randal Industries Inc Raptor Excavating and Contracting LLC RAZZ Construction, Inc. R C Walsh & Company LLC RC Zeigler Company Inc Red Hawk Fire Protection, LLC Regency NW Construction REI Contractors LLC Reign City Services LLC Rescom Remodeling LLC Restoration Management Company Road Construction Northwest, Inc. Robbins and Company Housemoving Inc. ROGNLINS INC. Romtec Utilities Rotschy, Inc. S. Varick Maintenance Scott's Plumbing SeaBay Building Group, LLC Seattle Diving Services Seattle Seismic LLC SERVPRO Disaster Recovery Team Servpro of Tacoma Simmons and Sons Contracting Inc Smallworks Pro Solutions Plumbing LLC Sound Choice Construction, LLC Sounder Diving LLC Sound Repair & Painting South Sound Contractors Stan's Construction and Son, LLC Steadfast Construction, INC. Streamline Industrial Corp Stumpy Tree Service Summit Solutions Group LLC Sustainable Northwest Construction, LLC Swofford Excavating Talakai Construction, LLC Taylor pro LLC The BJC Group, Inc. The Franklin Corporation The Westsound Company LLC Tighten Construction inc Tim Ryan Construction, Inc. Tradewinds Construction Transblue TRICO Companies, LLC Trinity Contractors Inc. Trinity Remodel and excavating Triple C Fabricators Triple Eight Construction Valdez Construction, Inc Vanport Marine Vokun Construction Warden Construction LLC Washington Patriot Construction WeHoneyDo,com, LLC Page 23 1 of 287 Welwest Construction Inc. WestEnd Trucking LLC Western States Construction, Inc. Western Ventures Construction Inc Western Washington Construction Ltd Westmark Construction Inc. Westwood Company LLC WMS Aquatics Woodland Industries WULUS CONSTRUCTION INC Page 238 of 287 Back to Agenda Page 239 of 287 Back to Agenda CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER CONSTRUCTION CONTRACT NO. C061-21 PUBLIC WORKS PROJECT NO. PW2021-016 THIS Agreement is made effective as of the 22nd day of _June_, 2021, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Westmark Construction, Inc.` ("CONTRACTOR") 6102 N. 91h- St. Suite 400 Tacoma, WA 98406 Contact: Thomas Abbott Phone: 253.566.9441 Email: Tabbottgwestmarkconst.com for the following Project: Library Exterior/Interior Wall Repair ("PROJECT") The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract" and/or "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Paggage 1�of 287 Back to Agenda g. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-f. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be 7 days after Notice to Proceed. The Contractor shall substantially complete the Work not later than September 24, 2021, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. 4. Subject to additions and deductions by change order, the construction Contract Sum is the base bid amount of $ 22,177.05 (applicable sales tax included). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 PaggagA,Rof 287 9. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Agreement until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 f Rev 7/23/2020 Paggage f Vof 287 �►genda unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Robert Putaansuu, Mayor By: Its: ATTEST/AUTHENTICATE: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Paggage 2&f 287 CERTIFICATE AS TO CORPORATE PRINCIPAL I, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) County of ) , (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of , 20 Notary Public (Signature) Notary Public (Print) My commission expires City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Paggage 14f 287 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to ensure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 f Rev 7/23/2020 Paggage f �of 287 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the "Change Notice"); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed -price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed -price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed -price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 ff Rev 7/23/2020 Pag�agA43of 287 Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor's own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 ff Rev 7/23/2020 Pag�age6Pof 287 19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Paggage 1�of 287 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand-alone policy. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�,agA; of 287 City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor's employee -owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary structures, scaffolding and protective fences. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age(75; of 287 Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide thirty (30) days written notice by certified mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age of 287 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS — RCW 39.08.010) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option, where applicable, desired by checking the appropriate space. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): (1) Furnish a performance and payment bond in the amount of the total contract sum. An executed performance and payment bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. Contractor Signature, Date Bond No. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age 53 of 287 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD LIBRARY EXTERIORANTERIOR WALL REPAIR CONTRACT NO. C061-21 Bond to City of Port Orchard, Washington Bond No. We, , and , (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20_, between Principal and Owner for a project entitled Library Exterior/Interior Wall Repair Contract No. C061-21("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.01 l(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties. The Surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age453 of 287 hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Signature of Authorized Official Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age of 287 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF )SS. COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the (check one of the following boxes): ❑ of ,the corporation, ❑■ partnership, ❑ individual, of the that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age(75; of 287 Back to Agenda SURETY ACKNOWLEDGEMENT STATE OF COUNTY OF On this day of 920 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age(75'6 of 287 Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond) PROJECT #, PERMIT #, PW2021-016 CONTRACT # C061-21 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: Library Exterior/Interior Wall Repair Owner/Developer/Contractor: Project Address: 87 Sidney Ave. Port Orchard, WA 98366 KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal'), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above -named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above -referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age457 of 287 C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection 1)(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age45'8 of 287 agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20 . SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD By: Date: Its Public Works Director/City Engineer CHECK FOR ATTACHED NOTARY SIGNATURE Individual (Form P-1) Corporation (Form P-2) Surety Company (Form P-2) City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�,age of 287 FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP 1 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing My Commission expires: City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�,age(! 6; of 287 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: (Surety Company) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�,ageQfb' of 287 APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Westmark Construction, Inc. Public Works Project No. PW2021-016 Small Works Contract No. C061-21 Rev 7/23/2020 Pag�age o Q f 287 Back to Agenda SCHEDULE OF CONTRACT PRICES LIBRARY EXTERIOR/INTERIOR WALL REPAIR NOTE: Lump Sum total amount shall be concurrent with Work To be Performed definitions in Appendix A and shall include mobilization, materials, labor costs, and dump fees. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Estimated Item No. Quantity SP/STD Description of Item Unit Price Amount 1. Lump Sum STD Exterior/Interior Wall Repair $ Twenty thousand, three hundred L.S. forty five and 92/100 (Words) Per Lump Sum SUBTOTAL: s 20,345.92 SALES TAX (9%) $ 1,831.13 TOTAL BID: $ 22,177.05 $ 20,345.92 SALES TAX In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail sales tax on the full Contract amount. Page 263 of 287 Back to Agenda APPENDIX A WORK TO BE PERFORMED 1. Exterior Wall: Damaged CMU exterior area of west wall shall be removed and repaired. Pricing shall reflect labor costs and materials to remove and replace to in -kind conditions. Protect the existing electrical conduit to remain located in the CMU wall. Pricing shall also reflect dump fees for disposal of damaged CMU and any other associated disposal fees. Work shall also consist of painting multi -colored to match surround area. Provide temporary construction at the exterior wall as needed to block access at openings between work shifts. 2. Interior Wall: Interior damaged area wall sheet rock shall be removed. Affected studs and plates shall be replaced as needed, realigned, and secured/fastened. Insulation shall be removed and replaced. New sheetrock shall be installed, textured, and painted to match existing wall. Pricing shall also reflect disposal of sheetrock, insulation, and any other associated debris. All work shall conform to the International Building Code as currently adopted by the City of Port Orchard. Page 264 of 287 Back to Agenda ;W 4 a 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 Subject: Approval of a Purchase and Sale Agreement for Real Property Meeting Date: June 22, 2021 Prepared by: Charli Archer, City Attorney Atty Routing No. Atty Review Date 366922.0004 — Exec June 17, 2021 Summary: The City of Port Orchard has negotiated terms for a Purchase and Sale Agreement for purchase of real property for the South Kitsap Community Events Center. Recommendation: Staff recommends the Council authorize the Mayor to execute a Purchase and Sale Agreement for purchase of real property for the South Kitsap Community Events Center. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to execute a Purchase and Sale Agreement for purchase of real property for the South Kitsap Community Events Center. Fiscal Impact: Budget and financing have been secured for this purchase. Alternatives: Not approve and provide further guidance. Attachments: Draft Purchase and Sale Agreement to be provided by legal counsel prior to meeting. Page 265 of 287 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 Subject: Approval of a Road Closure for a Special Back to Agenda Meeting Date: June 22, 2021 Prepared by: Brandy Rinearson, MMC Event Atty Routing No: Atty Review Date City Clerk N/A N/A Summary: City staff received a Special Event application from Run Amok Racing in, Inc. on May 27, 2021.The application states the following: EVENT: Yukon Do It Summer Edition TYPE: Run/Walk 5K, 10K, and Half Marathon DATE: Sunday, July 11, 2021 TIME: Setup starts Sunday, July 11, 2021 at 4:00 a.m., open to public at 5:00 a.m. until 3 p.m. LOCATION: Downtown Port Orchard; waterfront and gazebo parking lot (behind Peninsula Feed), along the Pedestrian Pathway on Bay Street, and Bay Street/Beach Drive between the 1600 Block to the 1100 Block of Beach Drive CLOSURE(S): Partial parking lot closure, and one lane closure on Bay Street/Beach Drive between the 1600 Block of Bay Street to the 1100 Block of Beach Drive Pursuant to Port Orchard Municipal Code 5.94.050(4), staff shall bring forward the special event application to the City council for approval when the event requires a street or highway closure. City staff has received and reviewed the application. Staff has determined that based on the nature and size of this event, it will cause significant impact to traffic flow, require additional planning, and require significant staffing from the Police Department. However, the applicant has agreed that should the Council approve the street closure they will be providing private contractors to manage and control the traffic to the satisfaction of the Police Chief. Recommendation: Staff recommends authorizing the road closure. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to approve the road closure for the Yukon Do It Summer Edition taking place on July 11, 2021, conditioned upon the applicant satisfying all the Police Chief's safety concerns. Fiscal Impact: None. Page 266 of 287 Alternatives: Deny the road closure. Attachments: Application. Back to Acmend Business Item 7H Page 2 of 2 Page 267 of 287 Back to Agenda ORCHARD - ----- SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT': $50.00 Event Information Name of event: Yukon ❑o It! Summer Edition Location of event: Port Orchard Waterfront Park Description of event: Run/walk 5K, 1 OK and half marathon starting at Port Orchard Waterfront Park, out and back along Beach Drive. Will you be charging an entry fee? Byes ❑No Anticipated number of visitors: If yes, how much? $ 30-85 300 Depends on event Date(s) of the Event: Time Open to Public: 5am-3pm Sunday, July 11, 2021 Time Closed to Public: Time Open to Vendors (include setup.4 am and teardown): Event Web Site https://runsignup.com/Race/WA/PortOrchardNukonDoltSummerEdition Type of Event: ❑ Festival 11 Walk/Run ❑ Parade ❑ Vendor Fair ❑ Block Party ❑ Other: Organization Information* Name of Organization Run Amok Racing, Inc. Do you have an active City Business License? es ❑No What is your UBI number? 604-303-2696 Point of Contact Name Ginger Johnson Street Address Mailing Address (if different from street address) 2965 Beach Drive East City State Zip T98366 City State Zip Port Orchard WA Phone Alternate Phone Email 360-621-7303 425-999-0900 runamokracing2018@gmail.com "Please note the organization information provided maybe shared for inquires made on event details City of Port Orchard f Special Event Application - Revised 211412021 Page 3 of 10 Page 268 of 287 Public Health Food: Will your event have any food service and/or sales? Des ❑No If yes, how many: Will your event have professional catering? Yes ❑No If yes, how many: Will your event have food trucks? ❑Yes ANo If yes, how many: Will your event have food booths or food vendors? ❑Yes ANo If yes, how many: i 1 Back to Agenda if yes, you must contact the Kitsop Public Health District as they may require a temporary food establishment permit. Visit their website at htt s: kitsa ubikhealth.or FoodSa a ood vendors. php or call (360) 728-2235 for information.. Alcohol: Will alcohol be served at the event? ❑Yes IINo If yes, you must contact the Washington State Liquor and Cannabis Board far a special liquor license. Visit their website at htt s: /icb. wa.aov/or call (360) 664-1600 far information. Garbage and Recycling: Describe your garbage and recycling plan: We will bring in our own heavy duty garbage bags to be placed throughout the start/finish area. We will have a bin for recycling in place. Clean-up Plan: Describe your cleanup plan and who will be responsible (Note: Runs/Walks can only use washable paint for marks on route and must be removed by organization after event has completed): Run Amok Racing, and Ginger Johnson, are personally responsible for cleanup. We will hopefully have volunteers that will assist. We will leave the park as we found it. Restrooms and Sanitation: Describe your restroom and sanitation plan (i.e. number of facilities available including handicap accessible, 5ani-cans, wash stations, Port of Bremerton facilities): There will be 4+ sanicans at the start/finish area, along with 2 hand washing stations. My covid mitigation plan addresses this isssue. One of those will be handicap accessible. City of Port Orchard I Special Event Application- Revised 211412021 Page 4 of 1.0 Page 269 of 287 Public Sa et Back to Agenda Crowd Control: Please indicate how public safety, traffic, and crowd control will be provided. Participants will be instructed to not enter the start area until within a 10 minute window of their start time. They will leave the finish area as soon as they collect their shirt/medal and finish line food. Will you be requesting police officers for traffic and crowd control? I Yes ❑ No If yes, how many police officers you anticipate will be needed for (a) traffic control and (b) crowd control: We may request 2 officers. I was going to not have them this year as there wouldn't be much need for them given the wave starts. With FOF possibly encroaching on our start/finish line, I may utilize them to keep that crowd out of the race area. POMC 5.94.080 `City Assistance' states the chief of police, fire chief, and/or public works director may require any reasonable and necessary traffic control, including requiring non -city staff to serve as certified flagger(s), use of downtown parking lots, police protection and/or emergency medical services to be provide at the special event at the organizer's expense. Resolution 040-18 states Community events or private activities, which have not been previously exempted from reimbursement under prior City ordinance or resolution, and which require enhanced police security shall pay a fiat rate of $100 per hour to the City for each commissioned officer and police reserve. The use of commissioned officers and police reserves shall be at the sole discretion of the Chief of Police. Parking Impacts: Have parking impacts been coordinated with neighbors (residential/business)? ❑ Yes 11 No ❑ Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? Parking is free downtown. There is also parking at Westbay Center. Depending on what the decision is for Fathoms of Fun, we may offer a bus shuttle from SK High School. It's unclear at this time if the carnival may have an impact on the race. Amplified Sound: Will you have Amplified Sound? 4 Yes ❑ No ❑ Not Applicable if yes, please note that noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. Tents: Does your event include a tent or membrane structure? 4 Yes ❑ No ❑ Not Applicable If yes, what is the tent size: 1 W 0 max Does the tent have sides? ❑ Yes 01 No ❑ Not applicable May be required to obtain a permit per POMC 20,204.010 please contact Community Development (360) 874-5533. City of Port Orchard I Special Event Application- Revised 211412021 Page 5 of 10 Page 270 of 287 Use of City Right-of-WdV and Parking Impacts Back to Agenda Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? Yes ❑ No For State Highway Closures (Bay Street}, the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city. WSDOT's online application is located at: https://www.wsdot.wa.gov_/contact/eventsjspedal-events Use of City Right -of -Way: Port orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below closures? A Yes ❑ No If yes, indicate what type of City right-of-way is requested to be closed and the location (select all that apply): ❑ City Parks: Van Zee Park ❑Paul Powers Park ❑ Parking Lots: ❑ Lot 1: between Orchard and Frederick streets on the north side of Bay Street ❑Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. ❑ Sidewalks: ❑ McCormick Village Park ❑Central Park Dot 3: five rows of parking west of Harrison Ave and east of and parallel to the library El Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park ❑Etta Turner Park ❑ Givens Park ❑ Lot 5: all parking on City Hall property in front of the Police department ❑ Lot 6: abutting the landscaped area at the SW corner of the Bay St and DekalbSt intersection ❑Rockwell Park ❑ Lot 7: all parking spaced located on the library property which is limited to library staff only ❑ Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street, 4 Street(s) If requesting street closure, please fill out the closure information below and include a map (indicated on Page 7) of the area impacted. SPECIAL EVENT STREET CLOSURE(S): Street to be dosed and/or obstructed: Between which streets/intersections: Date(s) of closure/obstruction: Time(s) of closure/obstruction: Beach Drive Hi Tide beginning of sidewalk to Hilldale (Olney within city) 07/11 /2021 7 or Sam through 1 pm (depending on whether it should be closed prior to the race or right at the start) City of Port Orchard I Special Event Application- Revised 211412021 Page 6 of 10 Page 271 of 287 Site Map Back to Agenda A site map is required to be submitted which includes the following: Vendors: Yes WINo ❑ Not applicable Beer Garden: Des Z VO ❑ Not applicable Signage: W]Yes F-INo ❑ Not applicable Tents: Zfes F�No ❑ Not applicable Public entrances and exits: Yes E]Vo ❑ Not applicable Road closures and detours: RI/Yes []No ❑ Not applicable Traffic patterns: Yes FINo 11 Not applicable Fire Lanes: WYes []No ❑ Not applicable Garbage/Recycling: WlYes aVo ❑ Not applicable Barricades: WlYes F]No ❑ Not applicable First Aid: 16es []NO ❑ Not applicable Parking: []Yes aVo ❑ Not applicable Restrooms: W]Yes []No ❑ Not applicable If event is a run/walk, list start and stop locations and water/rest stations: 4 Yes ❑ No ❑ Not applicable Aid stations along Beach Drive outside city limits. 2 mile aid station across from 1989 Beach Drive. 4 mile aid station at Waterman Dock. 3rd aid station at Hilldale and Beach Drive. City of Port orchard I Special Event Application- Revised 211412021 Page 7 of 10 Page 272 of 287 Event Signage and Vending Back to Agenda Signage: Are you planning to put up temporary signs? 11yes El No POMC10.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vending: We may possibly have the Air Force and local Did you indicate your event will have vendors? ❑Yes A No Army recruiting set up tables but not selling How many anticipated exhibitors/vendors will be at your event? anything. I don't know if these are considered "vendors" POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MM VEL). The MMVEL fee is $25.00 per day or $200 per month. POMC 5.96.020(3)(a) states the sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their5tate Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. City of Port Orchard I Special Event Application- Revised 211412021 Page 8of10 Page 273 of 287 Insurance Back to Agenda The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.com/. Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. Comments received by: Date final review sent: President/Chair of Organization FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: 5/27/21 Date Date $50 Expedited Fee Received (if applicable): ❑ Police ❑ Fire ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received: Does event require a Master Multi -Vendor License: ❑ Yes ❑ No Number of days: Amount: If Yes: ❑ $15/day fee ❑ $200/monthly fee Date fee paid: City of Port Orchard I Special Event Application- Revised 211412021 Page 9 of 10 Page 274 of 287 Back to Agenda Sinclair Inlet City of Bremerton Puget Sound 5 (�)l -10�04* All mile marks are on the north sides of streets (closest to Puget Sound) 1. Even with Arnold E. Ave street sign. 2.70 feet west of E. Sacco Ln. St. sign. 3. 5 feet west of Mailbox 3310 Beach Dr. E. 4. 15 feet west of Mailbox 689 Beach Dr. E. 5.85 feet west of Wynn Jones Rd. E. 6. Even with Manchester Park gate. 7. Inside Manchester Park just before course turns right, 1 foot el right turn symbol sign. 8. 15 feet east of Mailbox 6640 on Beach Dr. E. 9. Even with TP 621490 on Beach Drive E. 10. 30 feet east of Mailbox 3418 Beach Dr. E. 11. 27 feet west of TP 620723 on Beach Dr. E. 12. Even with TP 620471 on Beach Dr. E. 13. Even with Marlee sign, 1029 Beach Dr. E. Street Mosquito Fleet Trail 03 Bay Street City of Port Orchard 933 Bay St, WA 98366 Start Finish even with west wall of steps going to beach. 12.3 meters west of Telescope. Port Orchard Waterfront Park Sta �� � Trail to Bav St. 7 i0 6 :3) E. Hilldale Rd E. Leighton Rd J?' Beach Dr. E. D1 Yukon Do It Half Marathon Measured 10-23-2018 & 6-27-2019 Tony Phillippi & Jessica Rice Manchester Park Out & Back Turnaround 24.5 meters North of of rangers house sidewalk 1 meter from end of pavement !ou er G e alk MangState Park Rich Passage Out & Back Turnaround 24.5 meters North of of rangers house sidewalk Manchester State Park IE.M Colchester Drive SE Yukon Harbor Rd. SE. owl Yukon Harbor SE Cornell Rd SE Southworth D SE Olympiad Rd Pier Newstroms Pond Page 275 of 287 Mclaggart onruction Services Best Masi Y 11to-ITIP11,12, "0." 1 Bakery T:.:, r P. r k KiTs3p RV %-KeyBank �evw.,an ,,, 28 a WO 0 AnnaNlis Ferry Terminal (Fare- �ayst) Deprii r of ,, Lane se r wwa,,t, r s�li. ITI Y veierans Home N { # O I road u re IeKO . -a a, u r ins ecitA M t I C, S, s vI y . Back to Agenda - .` 2 . � NO _- y a IL ' # & k /ll!\. ®; ■ ` Ilk- © 3p �•� � ru + '(D Etta Tu m Pa 9 } . ` ® - A Nul S / «� . . /ard ( i�rlm2Pa4 lit r-v $• �.R- -.- SOOGle / . Mitchell Point ANKA,P:OLIp. j 'i RETSIL ' 1 1 � � �• � m PArt Orchard _ aterfront Palk_' rt+ {4,�;,. - Path 0 # I .Museum - Pl�. `f r .Y ff+ . • Port orchard church of godY P2020Imagery 2020, MaxarTPclm rr. ` ` ' p w # .I k E`Cdlins_-Rd •'1 tf Cr Q 53 ri,. V ti • -A ur , m OTES: MAINTAIN PED. ACCESS TO ,ND THROUGH CROSSWALKS .MAINTAIN MIN 11' LANES .MAINTAIN LOCAL ACCESS .NOTIFY TRANSIT AUTHORITY T LEAST 48HRS. IN ADVANCE 1F BUS STOP CLOUSRE .TRAFFIC CONTROL PLAN AND EVICES SHALL COMPLY WITH MUTCD, ROWAG &WSDOT .DEVICE SPACING LAGGER TAPER 20' IGNS PER WSDOT APERS PER WSDOT .28" CONES 6" BARRELS B" SIGNS 4" PADDLE .ADJUST TO FIELD CONDITIONS WAIT HERE FOR PILOT CAR Waterman 100' /e • 11 100' I 7AHEA BE PREPARED TO STOP Legend Flagger o M4-10 R3-2 no left turn W20-1 road work ahead O W20-2 detour ahead W20-7A Flagger Ahead O W20-7b be prepared to stop WAIT HERE O PILOT CAR L ■ r J-F- < > ■ _i—i 100' ■ BE PREPARED i TO STOP 1ermar00' ROAD WORK i AHEAD WAIT HERE FOR PILOT CAR • i ROAD WORK AHEAD T 100' BE PREPARED TO STOP 100' • T • 100' BE PREPARED TO STOP 100' ROAD WORK i AHEAD Manifest 21 x Sign Stand 10 x R3-2 no left turn 10 x W20-1 roadwork ahead 7 x M4-10 5 x W20-7A Flagger Ahead 5 x W20-7b be prepared to stop 3 x RNV30-2 WAIT FOR PILOT CAR 3 x W20-2 detour ahead 1>1 00, BE PREPARED C�$�� O STOP rn 100' ROAD WORK i AHEAD K&D SERVICES, AS THE PREPARER OF THIS TRAFFIC CONTROL PLAN MAKES NO REPRESENTATION AS TO ITS' GENERAL ADEQUACY OR BEING APPROVED FOR IMPLEMENTATION. APPROVAL MUST RESULT FROM TRAFFIC ENGINEER OR OTHER PUBLIC OFFICIAL HAVING STATUTORY ENFORCEMENT AUTHORITY IN THE JURISDICTION. LL RESU�7 OL�&��AT'APPROVENTATION OF THIS PLAN REF. MUTCD 2009 6A-01(10) W Back to Agenda" k! �rw S NOT TO SCALE NOTIFY EMS, FIRE AND POLICE 72 HOURS IN ADVANCE PLEASE SCHEDULE WITH DISPATCH @800-343-4049 OPTA AND PROVIDE A COPY OF THE APPROVED TRAFFIC CONTROL PLAN M.anche-s SatePZ"; CUSTOMER: RUN AMOK RACING CONTACT- GINGER JOHNSON 360-621-7303 LOCATION: 1371 BAY ST PORT ORCHARD, WA DATE: W/O # 06/15/21 SUMMER RUN n& D SERVICES TRAFFIC MANAGEMENT DESIGNED BY ISAIAH MARTINEZ OFFICE.800-343-4049 f; �r�tiln7 CELL: 425-530-9162 WATCP@KNDSERVICES.NET WSTCS#011748 www.invarion.com NOTES: 1. MAINTAIN PED. ACCESS TO AND THROUGH CROSSWALKS 2.MAINTAIN MIN 11' LANES 3.MAINTAIN LOCAL ACCESS 4.NOTIFY TRANSIT AUTHORITY AT LEAST 48HRS. IN ADVANCE OF BUS STOP CLOUSRE 53RAFFIC CONTROL PLAN AND DEVICES SHALL COMPLY WITH MUTCD, PROWAG &WSDOT 6.DEVICE SPACING FLAGGER TAPER 20' SIGNS PER WSDOT TAPERS PER WSDOT 7.28" CONES 36" BARRELS 48" SIGNS 24" PADDLE &ADJUST TO FIELD CONDITIONS WAIT HERE BE FOR PREPARED PILOT CAR d6 TO STOP ROAD WORK AHEAD WAIT HERE FOR PILOT CAR i i D P Legend ' Flagger R3-2 no left turn W20-1 road work ahead W20-7A Flagger Ahead O W20-7b be prepared to stop Manifest 28 x Sign Stand 7 x W20-1 road work ahead 6 x W20-7A Flagger Ahead 6 x W20-7b be prepared to stop 5 x R3-2 no left turn 5 x RNV30-2 WAIT FOR PILOT CAR ROAD WORK AHEAD F- Callir K&D SERVICES, AS THE PREPARER OF THIS TRAFFIC CONTROL PLAN MAKES NO REPRESENTATION AS TO ITS' GENERAL ADEQUACY OR BEING APPROVED FOR IMPLEMENTATION. APPROVAL MUST RESULT FROM TRAFFIC ENGINEER OR OTHER PUBLIC OFFICIAL HAVING STATUTORY ENFORCEMENT AUTHORITY IN THE JURISDICTION. UTILIZATION & IMPLEMENTATION OF THIS PLAN SHALL BE A RESULT OF THAT APPROVAL. REF. MUPTWh&%A-01(10) Back to Agenda E S NOT TO SCALE NOTIFY EMS, FIRE AND POLICE 72 HOURS IN ADVANCE PLEASE SCHEDULE WITH DISPATCH @800-343-4049 OPTA AND PROVIDE A COPY OF THE APPROVED TRAFFIC CONTROL PLAN CUSTOMER: RUN AMOK RACING CONTACT- GINGER JOHNSON 360-621-7303 LOCATION: 1371 BAY ST PORT ORCHARD, WA DATE: W/O # 06/15/21 SUMMER RUN K & ❑ SERVICES TRAFFIC MANAGEMENT DESIGNED BY ISAIAH MARTINEZ OFFICE.,800.343.4049 CELL: 425-530.9162� - WATCP@KNDSERVICES.NET WSTCS#011748 S www.invarion.com VOTES: 1. MAINTAIN PED. ACCESS TO 4ND THROUGH CROSSWALKS 2.MAINTAIN MIN 11' LANES 3.MAINTAIN LOCAL ACCESS 3.NOTIFY TRANSIT AUTHORITY 4T LEAST 48HRS. IN ADVANCE OF BUS STOP CLOUSRE >.TRAFFIC CONTROL PLAN AND )EVICES SHALL COMPLY WITH MUTCD, DROWAG &WSDOT 3.DEVICE SPACING =LAGGER TAPER 20' 31GNS PER WSDOT rAPERS PER WSDOT 7.28" CONES 36" BARRELS $8" SIGNS 24" PADDLE 3.ADJUST TO FIELD CONDITIONS Manifest 42 x Sign Stand 12 x W20-1 road work ahead 11 x W20-7A Flagger Ahead 11 x W20-7b be prepared to stop 7 x R3-2 no left turn 7 x RNV30-2 WAIT FOR PILOT CAR 1 x Arrow Board PCMS BOARD USE FOOT CAUTION TRAFFIC EXPECT AHEAD LONG DELAYS 2.0 SEC 2.0 SEC FIELD LOCATE 1 MILE (+I-) IN ADVANCE OF LANE CLOSURE (PCMS BOARDS BOTH DIRECTIONS) 1 �,;11 i '�L% 190' Q 166 - 66)-_,_ 100, BE ` PA r+ PREPARED TO STOP ROAD d WORK Oq III AHEAD I s� 11 ` • J \ WAIT HERE 00' 7r, • FOR PILOT CAR 100' BE PREPARED • TO STOP 100, i 100, i ROAD WORK BE AHEAD PREPARED 100 TO STOP i i ROAD WORK AHEAD K&D SERVICES, AS THE PREPARER OF THIS TRAFFIC CONTROL PLAN MAKES NO REPRESENTATION AS TO ITS' GENERAL ADEQUACY OR BEING APPROVED FOR IMPLEMENTATION. APPROVAL MUST RESULT FROM TRAFFIC ENGINEER OR OTHER PUBLIC OFFICIAL HAVING STATUTORY ENFORCEMENT AUTHORITY IN THE JURISDICTION. UTILIZATION & IMPLEMENTATION OF THIS PLAN SHALL BE A RESULT OF THAT APPROVAL. REF. MUTCD 2009 6A-01(10) Page 281 of 287 Legend ••• Arrow Board " Flagger R3-2 no left turn W20-1 road work ahead O W20-7A Flagger Ahead O W20-7b be prepared to stop I I . WAIT HERE FOR _ _ PILOT CAR t Ick to Agenda NOT TO SCALE NOTIFY EMS, FIRE AND POLICE 72 HOURS IN ADVANCE PLEASE SCHEDULE WITH DISPATCH @800-343-4049 OPTA AND PROVIDE A COPY OF THE APPROVED TRAFFIC CONTROL PLAN i WAIT HERE LW FOR X 100, PILOT CAR RF C5 LOC i16. i BE 100, PREPARED TO STOP 100, i ROAD WORK AHEAD M-41-e HJ11-Di, CUSTOMER: RUN AMOK RACING CONTACT: GINGER JOHNSON 360-621-7303 LOCATION: 1371 BAY ST PORT ORCHARD, WA DATE: W/O # 06/15/21 SUMMER RUN 10-7 K & D SERVICES l �J TRAFFIC MANAGEMENT DESIGNED BY ISAIAH MARTINEZ OFFICE: 800-343-4049 CELL: 425-530-9162 X� WATCP@KNDSERVICES.NET WSTCS#011748 www.invarion.com Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of June 8, 2021 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Absent Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, Police Chief M. Brown, Human Resource Manager Lund, City Attorney Archer, City Clerk Rinearson, and Deputy City Clerk Floyd. Mayor Putaansuu stated pursuant to the Governor's Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. The meeting is also streaming live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS Page 282 of 287 Back to Agenda Minutes of June 8, 2021 Page 2 of 6 Sharron King, chair of Fathoms 0' Fun Festival, spoke in favor of the Paradise Amusements carnival application and would like to have the tradition of fireworks and the carnival at the same time. This is a much -needed event to pull the community together. Ginger Johnson, Run Amok Racing, spoke to their 5K event in conjunction with the carnival. They made a real effort to work with the carnival and to work within the allotted space they have. With the COVID guidelines regarding spacing, she does not see how they can make their race run safely and follow the COVID and safety guidelines. She does not believe her event, and the carnival, can happen on the same day. Cody Morgan, owner of Peninsula BevCo, said his restaurant is right next to where the festival is going to happen. He wants it to go on, but voiced concerns with the parking and noted his restaurant, at this time, is 21 and over and does not allow families which is what the carnival will draw. He wants to know if there are any other ways to mitigate the parking issue. 4. CONSENT AGENDA A. Approval of Voucher Nos. 82125 through 82179 including bank drafts in the amount of $328,289.26 and EFT's in the amount of $62,366.64 totaling $390,655.90. B. Approval of Payroll Check Nos. 82119 through 82124 including bank drafts and EFT's in the amount of $257,113.90, and Direct Deposits in the amount of $183,723.86 totaling $440,837.76. C. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Resolution No. 042-21) D. Approval of the May 25, 2021, City Council Meeting Minutes E. Excusal of Councilmember Ashby Due to Personal Obligations MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to approve the consent the as stated. The motion carried. 5. PRESENTATION A. Legislative Update and Highlights on the American Rescue Plan Representative Derek Kilmer explained the most important position he has taken in the last year was not a vote he cast, but instead was a commitment he made that if one of his constituents reached out to his office having lost a job, business, or loved one, he would reach out to them directly. He briefly spoke about some of the people he has reached out to. He said when Congress passed the American Rescue Plan, it was about helping people who have had hard times due to COVID. His push for this plan is to make sure we are getting more shots into more arms quickly. The Plan does provide support for our State in the amount of $4.5 billion dollars in state fiscal relief and also to our local governments. These are flexible funds. Page 283 of 287 Back to Agenda Minutes of June 8, 2021 Paee 3 of 6 Additionally, he spoke to steps being taken in the next few months in Congress and spoke to his committee involvement. B. Water and Sewer Redevelopment Exceptions Finance Director Crocker provided a presentation which included re -development and exceptions, Port Orchard Municipal Code Chapter 13.04, scenarios overview, disclaimers, inputs and assumptions, scenarios provide for in the Code, scenarios not provided, unclear, or silent in the code, and policy statement discussion. [-14111111111 '1112114 : 111-11.11►10 There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Authorizing the Position of Intern MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an Ordinance authorizing the creation of the position of Intern and authorizing the Mayor to develop a job description consistent with the attached general qualifications and duties set out in the Ordinance. The motion carried. (Ordinance No. 026-21) B. Adoption of a Resolution Approving a Data Sharing Agreement with the Office of the State Auditor MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt a Resolution authorizing the Mayor to enter into a Data Sharing Agreement with the State Auditor's Office. The motion carried. (Resolution No. 043-21 and Contract No. 066-21) C. Adoption of a Resolution Approving a Contract with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to adopt Resolution No. 037-21, authorizing the Mayor to execute Contract No. C056-21 with Aqua Tech LLC for the Cedar Heights Lift Station Valving and Piping Replacement Project in the amount of $31,065. The motion carried. Page 284 of 287 Back to Agenda Minutes of June 8, 2021 Paae 4 of 6 D. Adoption of a Resolution Approving a Contract with Olson Brothers Pro -Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to adopt Resolution No. 040-21, authorizing the Mayor to execute Contract No. C057-21 with Olson Brothers Pro -Vac, LLC for the 2021 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $63,773.41. The motion carried. Approval of Amendment No. 1 to Contract No. 029-21 with- Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to execute an amendment to Contract No. CO29-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project, in the additional amount of $196,900, bringing the Total Contract value to $734,354. The motion carried. F. Approval of a Carnival Application with Paradise Amusements City Attorney Archer requested the City Council amend the agenda by adding an executive session to discuss legal risks associated with this item. MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to add an executive session to our agenda for this particular item. The motion carried. EXECUTIVE SESSION At 8:17 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss legal risks of a proposed action that the agency has identified where there are potential adverse legal and financial consequences to the agency. City Attorney Archer, Police Chief Brown, Public Works Director Dorsey, and City Clerk Rinearson were invited to attend, and City Attorney Archer announced action will likely follow. At 8:27 p.m., Mayor Putaansuu extended the meeting for an additional 5-minutes. At 8:32 p.m., Mayor Putaansuu extended the meeting for an additional 5-minutes. At 8:37 p.m., Mayor Putaansuu reconvened the meeting back into session. Page 285 of 287 Back to Agenda Minutes of June 8, 2021 Paee 5 of 6 MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to approve the carnival license application from Paradise Amusements, Inc., to hold a carnival at the Port Orchard waterfront and allow use of the downtown parking lot as described' starting Monday, July 5, 2021, to Monday, July 12, 2021. Councilmembers and staff voiced their concerns with no security plan submitted, no crowd management, traffic management public safety concerns, pedestrian safety, ferry access, emergency response, parking, and if any changes happen in the State's re -opening plan. The motion failed. Councilmembers Cucciardi, Diener, Chang, Lucarelli, Rosapepe, and Clauson voted no. G. Approval of the May 18, 2021, City Council Work Study Session Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to approve the May 18tn work study meeting minutes. The motion carried. Councilmember Cucciardi abstained. 8. DISCUSSION ITEMS (No Action to be Taken) A. City Hall Reskin Mayor Putaansuu noted this item is being postponed to next week's work study meeting. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet June 14t". The Land Use Committee is scheduled to meet June 17t". The Finance Committee is scheduled to meet June 15th. The Transportation Committee is scheduled to meet June 22nd Councilmember Lucarelli reported on the June 8t" Utilities Committee meeting. The Festival of Chimes and Lights Committee is scheduled to meet June 14t". The Sewer Advisory Committee is scheduled to meet July 21St Councilmember Rosapepe reported the Lodging Tax Advisory Committee is scheduled to meet in July. 10. REPORT OF MAYOR The Mayor reported on the following: • In accordance with Resolution No. 007-11 Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures, he reported on updates to telecommuting; Page 286 of 287 Back to Agenda Minutes of June 8, 2021 Paae 6 of 6 • Puget Sound Regional Council presentation on the Regional Aviation Baseline Study; and • Port Orchard Parks survey update. 11. REPORT OF DEPARTMENT HEADS City Attorney Archer reported that litigation the City was involved in with regards to the Stetson Heights development was dismissed today. Police Chief Brown reported they had their mock accreditation and did incredibly well and thanked Council for their support. 12. CITIZEN COMMENTS There were no citizen comments. 13. EXECUTIVE SESSION At 9:00 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to RCW 42.30.110(1)(i), to discuss legal risks of a proposed action that potentially has an adverse legal or financial consequence to the agency. City Attorneys Archer and Robinson and Community Development Director Bond were invited to attend, and Mayor Putaansuu stated no action will be taken. Councilmember Diener recused himself from the executive session citing a conflict of interest. At 9:20 p.m., Mayor Putaansuu reconvened the meeting back into session. GOOD OF THE ORDER There was no good of the order. 14. ADJOURNMENT The meeting adjourned at 9:20 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 287 of 287