City of Port Orchard Special Council Meeting Agenda December 20, :00 p.m.

Transcription

1 Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: Economic Development/Tourism Staff: Development Director Finance Committee KRCC/PSRC TransPol/PRTPO KRCC TransPol Shawn Cucciardi Finance Committee Land Use Committee Fred Chang Chair: Lodging Tax Advisory Committee Staff: City Clerk Utilities & Sewer Advisory (SAC) Committee Economic Development/Tourism Clancy Donlin Economic Development/Tourism Festival of Chimes and Lights KRCC-alt/KRCC TransPol-alt John Clauson(Mayor Pro-Tempore) Chair: Finance Committee Staff: City Treasurer Land Use Committee Kitsap Public Health District-alt Cindy Lucarelli Chair: Utilities Committee Staff: Public Works Director Chair: Chimes and Lights Staff: City Clerk Sewer Advisory (SAC) Committee KEDA/KADA Scott Diener Chair: Land Use Committee Staff: Development Director Utilities & Sewer Advisory (SAC) Committee KEDA/KADA-alt PSRC Growth Management-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Public Works Director City Engineer Debbie Hunt Court Administrator Allan Martin City Treasurer Geoffrey Marti Police Chief Brandy Rinearson, CMC City Clerk Contact us: 216 Prospect Street Port Orchard, WA (360) CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA City of Port Orchard Special Council Meeting Agenda December 20, :00 p.m. 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 December 5, 2016, Special Council Meeting Minutes 5. PRESENTATION A. Kitsap Economic Development Alliance (KEDA) Quarterly Presentation 6. PUBLIC HEARING A. Public Hearing on an Ordinance Adopting Interim Regulations Relating to Nonconforming Uses and Structures and Procedures (Bond) 7. BUSINESS ITEMS A. Adoption of a Resolution Confirming Mayoral Appointment to Boards and Commissions (Rinearson) B. Adoption of a Resolution Setting Forth Port Orchard Standards of Conduct and Written Procedures in Accordance with the Code of Federal Regulations (Dorsey) C. Discussion: Decant Facility Update (Dorsey) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 10. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record)

2 12. EXECUTIVE SESSION: Pursuant to RCW , the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance TBD; 7:30am City Hall Economic Development and Tourism January 9, 2017; 9:00am City Hall Utilities TBD; 9:30am City Hall Sewer Advisory February 15, 2017; 6:30pm City Hall Land Use TBD City Hall Lodging Tax Advisory TBD City Hall Festival of Chimes & Lights January 16, 2017; 3:30pm City Hall Work Study Session January 17, 2017; 7:00pm City Hall 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: or by contacting the City Clerk s office at (360) The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk s office should you need special accommodations. December 20, 2016, Meeting Agenda Page 2 of 2

3 City of Port Orchard Council Meeting Minutes Special Meeting of December 5, CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:00 p.m. Roll call was taken by the City Clerk as follows: Councilmember Ashby Councilmember Chang Councilmember Cucciardi Councilmember Diener Councilmember Donlin Councilmember Lucarelli Mayor Pro-Tem Clauson Mayor Putaansuu Present Present Present Present Present Present Present Present Staff present: Public Works Director Dorsey, City Treasurer Allan Martin, Community Development Director Bond, Assistant City Engineer Andrea Archer-Parsons, City Attorney Cates, and Deputy City Clerk Floyd were also present. A. Pledge of Allegiance Assistant Senior Patrol Leader Scott Sorter from Boy Scouts Troup 1529 led the audience and Council in the Pledge of Allegiance. 2. PUBLIC HEARING A. Public Hearing on the Proposed Biennial Budget Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 6:02 p.m. City Treasurer Martin left the meeting at 6:02 p.m. 3. BUSINESS ITEMS A. Revision to Land Use Regulatory Codes-LID Requirements Page 3 of 24

4 Community Development Director Bond noted that under the Federal Clean Water Act, we are considered a Phase II stormwater permit community. As such, the Phase II permit is administered by the Department of Ecology and we have a December 31 st deadline to adopt a new stormwater management manual. Within that manual is a requirement for low impact development stormwater technique. We have an end-of-year deadline for adopting a new manual and scrubbing our code to remove any barriers to low impact fee development. Council and staff discussed the revised codes which include Title 12 (Streets and Sidewalks), Chapter (Stormwater Management), Chapter (Common Development Standards), Chapter (Parking Standards), and Chapter (Landscaping Standards); and a new Chapter (Land Disturbing Activity). Chapter (Planned Low Impact Developments) is proposed to be repealed. In addition, Community Development Director Bond stated that due to a miscommunication, Title 13, which was included in the documents, is not being brought forward by the end of the year. 13. ADJOURNMENT The meeting adjourned at 6:48 p.m. No other action was taken. Audio/Visual was successful. Jenine Floyd, CMC, Deputy City Clerk Robert Putaansuu, Mayor Page 4 of 24

5 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Public Hearing 6A Meeting Date: December 20, 2016 Subject: Public Hearing on an Ordinance Adopting Prepared by: Nick Bond, AICP Interim Regulations Relating to Development Director Nonconforming Uses and Structures and Atty Routing No.: Procedures Atty Review Date: December 15, 2016 Summary: The Community Development Department is proposing an ordinance to adopt interim regulations relating to nonconforming uses and structures. Currently, there is no specific process by which a property owner can request a permit from the City determining that an existing use or structure on a property is legally nonconforming. There are a number of reasons that a property owner might require such a determination, i.e., if the property owner is refinancing the property and the bank requires a formal determination of the nonconforming status; if the property owner has submitted permits for alterations of the structure and claims that such alterations are consistent with the nonconforming use/structure. Such determinations can be as time-consuming as a permit approval, so the City has proposed that a formal permit procedure (with fee to cover administrative costs) be adopted. The Washington courts have held that cities can require a permit as a condition of the continued legality of the nonconforming use/structure. Johnson v. Seattle, 184 Wash. App. 8, 335 P.3d 1027 (2014). The attached interim ordinance includes a procedure for the submission of a nonconforming permit application, criteria for permit approval, decision and appeal requirements. The interim ordinance is proposed to be adopted for six months in order to provide City staff adequate time to prepare a more extensive permanent ordinance, which will incorporate regulations for all legal nonconforming uses and structures into one chapter of the POMC. (Currently, development regulations applicable to nonconforming uses and structures are in chapters 1608, 16.20, and POMC.) At the public hearing, the Council will receive public input, and subsequently will consider public comments and make any desired changes to the draft interim ordinance as indicated by the majority of the Council. Since the public hearing is being held during the December 20 special Council meeting, no formal action will be taken at that meeting. It is anticipated that, as directed by Council, staff will bring a final interim ordinance to the Council for adoption in January Recommendation: Fiscal Impact: Attachments: Staff recommends holding the public hearing. None. Draft Ordinance Page 5 of 24

6 This Page Intentionally Left Blank Page 6 of 24

7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING INTERIM REGULATIONS RELATING TO NONCONFORMING USES AND STRUCTURES, ESTABLISHING A PROCEDURE FOR PROPERTY OWNERS TO OBTAIN A NONCONFORMING PERMIT TO ESTABLISH A LEGAL NONCONFORMING USE OR STRUCTURE FOR THE RECORD, RELYING UPON EXISTING DEFINITIONS AND REGULATIONS IN CHAPTER 16.08, 16.20, AND OF THE PORT ORCHARD MUNICIPAL CODE, SUCH INTERIM REGULATIONS TO BE IN EFFECT FIVE DAYS AFTER ADOPTION AND EXTEND FOR A PERIOD OF SIX MONTHS, WHILE THE CITY CONSIDERS THE ADOPTION OF A NEW PROCEDURE FOR NONCONFORMING PERMITS, AND ESTABLISHING THE DATE OF A PUBLIC HEARING ON THE MAINTENANCE OF THE INTERIM REGULATIONS FOR THE SIX MONTH PERIOD, ALL AS REQUIRED BY RCW 36.70A.390 WHEREAS, the City of Port Orchard has regulations relating to nonconforming structures and uses, which include related definitions, the manner in which legally nonconforming uses and structures may be maintained and repaired and for the evaluation of uses and structures to determine whether they are legally nonconforming; and WHEREAS, a determination that a use of property or a structure is legally nonconforming is extremely important, as it may affect the fair market value of a piece or property, determine the amount of money for which a bank may mortgage the property or use, allow the City to issue a permit for a particular use or prevent the City s code enforcement action; and WHEREAS, some cities have adopted procedures for property owners to follow in order to obtain a permit or determination to establish for the record that a structure or use is legally nonconforming; and WHEREAS, the City Council of the City of Port Orchard finds that it is in the best interest of its citizens to establish such procedure, so that individual property owners may use, sell and/or mortgage their properties with knowledge of the legal nonconforming status of the property; and WHEREAS, RCW 36.70A.390 allows a 2nd Class City like the City of Port Orchard to adopt interim zoning regulations for a period of six (6) months, as long as the City holds a public hearing within sixty (60) days of the adoption of the interim ordinance and complies with other procedural requirements; and WHEREAS, the City Council held a public hearing regarding this interim zoning ordinance Page 7 of 24

8 during a special Council meeting held on December 20, 2016; and WHEREAS, the City Council considered this interim zoning ordinance during its regular City Council meeting held on January 10, 2017; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Definitions. A. The definitions in Port Orchard Municipal Code ( POMC ) Sections (Nonconforming -- Structure), (Nonconforming -- Use) and (Nonconformance) shall apply to this Interim Ordinance. B. The following sections of the POMC shall apply to this Interim Ordinance: POMC Section (Nonconforming uses), (Nonconforming uses -- Applicability), (Nonconforming uses -- Determining Status), (Nonconforming lots), (Continuation and maintenance of nonconformance), (Discontinued nonconforming use or structure), (Repair or reconstruction of nonconforming structure), (Alteration of nonconforming structure), (Nonconformance -- Expansion of nonconformance), (Nonconforming use or structure). SECTION 2. Establishing a Legal Nonconforming Use or Structure for the Record -- Permit Required. A property owner may obtain a nonconforming permit to establish a legal nonconforming use or structure for the record. This permit is not required, unless the City has brought a code enforcement action relating to the property, or if the property owner desires the permit for another purpose, such as to obtain a building permit consistent with the desired legal nonconforming use/structure. In such event, the property owner has the burden to follow the procedures set forth herein to establish that the condition of the property is legally nonconforming. In the case of a code enforcement action, the Director may place the code enforcement action in abeyance for a reasonable time in order to allow a property owner to gather the necessary information to demonstrate that the property is legally nonconforming. SECTION 3. Administration of Nonconforming Permits. A. The following steps shall be followed in the processing of nonconforming permits: (hyperlink to appropriate section of the City s Project Permit Processing code): 1. Determination of complete application (Section ) 2. Determination of consistency (Section ) 3. Notice of decision by Director (Section ) 4. Administrative appeal, if any (open record hearing, Section ). Page 8 of 24

9 B. Because the processing of these permit applications requires the submission of different information for approval, imposes different burdens on the applicant and the City, and varies in other material respects from the processing of a project permit application, these permits are exempt under RCW 36.70B.140 from all project permit processing requirements (identified in the City s Permit Processing Chapter (currently interim ordinance )), other than those set forth in this chapter. SECTION 4. Requirements for a Complete Application. A complete application for a Nonconforming Permit application shall include: A. Application form. One (1) hard copy of a completed application form; B. Date of application and name, address, telephone number and address of the applicant; C. Name, address, telephone number and address of the owner of the property identified in the application; D. Legal description, street address and Assessor s Parcel Number of the subject property; E. The use of the subject property or structure on the subject property that is allegedly legally nonconforming. Description and photographs of existing site conditions, any plans and/or other information relevant to the proposed applicant s demonstration of a legal nonconforming use/structure; F. Information demonstrating that: (1) the use is not permitted outright under the City s Code, including, but not limited to, the use standards of the current zoning or applicable district; (2) the current Zoning Code or Building Code standards for the use or structure are not met; and (3) the use has not been abandoned or discontinued for the period identified in Section ; G. Proof of legal nonconforming status, including, but not limited to, planning permits/approvals, building permits, leases, aerial maps showing the structure and footprint, listings in business or phone directories (or directory with a list of businesses and residents referenced by address), etc.; H. If the application is for a remodel, a complete description of the proposed remodeling relating to such section(s) of the structure or the entire structure; I. The applicant s narrative statement describing the manner in which the application satisfies the criteria for approval in Section 5 of this Ordinance; J. A SEPA Checklist (unless categorically exempt); K. The application fee established by the City; and L. An electronic copy of all submitted materials, including the application form, provided in appropriate document formats either as attachments or downloadable files or on a CD/DVD. SECTION 5. Criteria for Approval Permit to Establish Legal Nonconforming Use or Structure for the Record. Page 9 of 24

10 A. Criteria. A permit will be approved establishing the legal nonconforming status of the use or structure if the applicant provides sufficient evidence and demonstrates to the Director s satisfaction: 1. That the use or structure satisfies the definition for a legal nonconforming use as set forth in Section 1 of this Interim Ordinance; and 2. That the use or structure has been in existence and maintained continuously, with no interruption that would constitute abandonment or discontinuance under either former or current City Codes. B. Acceptable Documentation. The evidence presented by the applicant may include, but is not limited to, the following as documentation of the existence of a use from a time when it would have been permitted outright and as documentation of its uninterrupted continuation: 1. Signed written statements from persons having no financial interest in the property and who are not relatives of the applicant or property owner. Notarization is not required. 2. Occupancy listing from the Polk Directory or Reverse Telephone Directories. 3. Business and/or licensing records. 4. County records showing the previous permitted use if the property was formerly not part of the City. 5. Assessment records. 6. Utility Billing Records. 7. Other evidence that the Director deems useful and reliable, based on the circumstances of the individual case. Examples include, but are not limited to, photographs, U.S. Census reports, and signed written statements of experts. C. It is the responsibility of the applicant to furnish at least two different types of documentation from the sources listed above. The City may, in its discretion, require further documentation if the documentation submitted by the applicant does not demonstrate the existence of the use from a time when it was permitted outright, or fails to show continuous, uninterrupted maintenance of the use. The City may also accept only one type of documentation from the sources listed above, if that documentation is particularly persuasive. Page 10 of 24

11 Any number of written, signed statements, however, are not sufficient by themselves to document the existence of a use. SECTION 6. Final Decision. Because this procedure is exempt under RCW 36.70B.140, there is no deadline for the City s issuance of the Director s decision. SECTION 7. Appeals. If an appeal is filed of the Director s decision, the procedures in Section shall be followed. Appeals shall be heard and decided by the Hearing Examiner. The decision of the Hearing Examiner shall be final and there shall be no additional administrative appeal of the Examiner s decision. SECTION 8. Interim Ordinance Adopted. This interim ordinance is immediately adopted for a period of six months in order to provide the City adequate time to: A. Study the various sections of the Port Orchard Code relating to legal nonconforming uses/structures, and to draft a new ordinance that will combine all legal nonconforming use/structure regulations into one chapter. This work will begin upon adoption of this ordinance and is expected to take 6 months. B. Hold a public hearing(s) on the draft ordinance, obtain public input on such ordinances, perform SEPA on the draft ordinance, allow the Planning Commission to make recommendations to the City Council, for the City Council to review the draft ordinance and, if desired, to adopt new regulations on nonconforming uses/structures. This work will begin immediately after the activities described in Section 8(A) are complete. SECTION 9. Effect of Interim Zoning Ordinance. After the effective date of this Interim Zoning Ordinance, the City may accept applications for Nonconforming Permits under the procedures set forth herein. SECTION 10. Duration of Interim Zoning Ordinance. This interim zoning ordinance shall be effective on the date set forth in Section 14 herein. As long as the City holds a public hearing on the Interim Zoning ordinance and adopts findings and conclusions in support of the Interim Zoning ordinance (as contemplated by Section 11 herein), the Interim Zoning ordinance shall not terminate until six (6) months after the date of adoption, or at the time all of the events described in Section 8 have been accomplished, whichever is sooner. SECTION 11. Public Hearing on Interim Zoning Ordinance. Pursuant to RCW 36.70A.390 and RCW , the City Council shall hold a public hearing on this interim zoning ordinance within sixty (60) days of its adoption, or before March 11, The Council hereby schedules this hearing for February 14, During the next Council meeting immediately following, the City Council shall adopt findings of fact on the subject of this interim zoning ordinance and either justify its continued imposition or repeal this ordinance. Page 11 of 24

12 SECTION 12. 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 13. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 14. 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 Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 10th day of January, ATTEST: Robert Putaansuu, Mayor Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: Sharon Cates, City Attorney **, Councilmember PUBLISHED: EFFECTIVE DATE: Page 12 of 24

13 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: December 20, 2016 Subject: Adoption of a Resolution Confirming Prepared by: Brandy Rinearson, CMC Mayoral Appointments to Boards and City Clerk Commissions Atty Routing No: NA Atty Review Date: NA Summary: Annually, the City Clerk reviews the expiring terms or vacancy of members of the various boards and commissions. The Mayor recommends appointment of the following persons to the Boards and Commissions: Suanne Martin Smith to the Planning Commission for a term expiring December 31, 2020; reappointment of Stephanie Bailey for a term expiring December 31, 2020; and reappointment of Annette Stewart for a term expiring December 31, Reappointment of Ken Kambich to the Civil Service Commission for a term expiring December 31, Dr. David Bernstein for a term expiring December 31, 2019, to the Design Review Board; and reappointment of John Purves for a term expiring December 31, David Fall to the Building Boards of Appeals for a term expiring December 31, Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming his appointments, as presented. Motion for consideration: I move to adopt a Resolution confirming the Mayor s appointments to the Boards and Commissions, as set forth in the Resolution presented. Fiscal Impact: Alternatives: Attachments: None. Not confirm the Mayor s appointment and provide further direction to Mayor. Resolution Page 13 of 24

14 This Page Intentionally Left Blank Page 14 of 24

15 RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION, CIVIL SERVICE COMMISSION, DESIGN REVIEW BOARD, AND BUILDING BOARD OF APPEALS WHEREAS, the Mayor is authorized to appoint volunteers to fill expired or vacant terms on the various boards and commissions, upon confirmation of the City Council; and WHERAS, the following boards and commissions have expiring terms; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard does hereby confirm the reappointment of Stephanie Bailey and Annette Stewart for a four-year term expiring December 31, 2020; and appointment of Suanne Martin Smith for a four-year term expiring December 31, 2020, to the Planning Commission. THAT: The City Council of the City of Port Orchard does hereby confirm the reappointment of Ken Kambich for a six-year term expiring December 31, 2022, to the Civil Service Commission. THAT: The City Council of the City of Port Orchard does hereby confirm the reappointment of John Purves for a three-year term expiring December 31, 2019; and appointment of Dr. David Bernstein for a three-year term expiring December 31, 2019; and, to the Design Review Board. THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of David Fall for a five-year term expiring December 31, 2021, to the Building Boards of Appeal. 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 20 th day of December ATTEST: Rob Putaansuu, Mayor Brandy Rinearson, CMC, City Clerk Page 15 of 24

16 This Page Intentionally Left Blank Page 16 of 24

17 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: December 20, 2016 Subject: Adoption of a Resolution Setting Forth Port Prepared by: Allan J. Martin Orchard Standards of Conduct and Written City Treasurer Procedures in Accordance with the Code of Atty Routing No.: NA Federal Regulations Atty Review Date: NA Summary: The City is an active participant in federal grant applications and when successful receives federal grants proceeds for transportation, law enforcement, water/sewer and storm drainage utilities, and other worthwhile public benefits. As a recipient of Federal funds the City is obligated to certain rules, regulations, and codes. The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. One such rule, Title 2: Grants and Agreements General procurement standards requires that a non-federal entity (a local government) must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards outlined in This Resolution sets forth Port Orchards Standards of Conduct and Written Procedures in accordance with the Code of Federal Regulations. Standards of Conduct and policy cover conflicts of interest for employees and agents engaged in the selection, award and administration of contracts. The Standards of Conduct must contain the following elements: 1. The officers, employees, and agents may not participate in the selection, award, or administration of a contract support by a Federal award if they have a real or apparent conflict of interest. 2. The officers, employees, and agents may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 3. But, grantees may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. 4. Must include disciplinary actions for violations of such standards. The Written Procurement Policies and Procedures are required to reflect applicable state and local laws so long as the procedures conform with applicable federal standards (for example, if state or local rules are more restrictive than federal, the more restrictive will suffice). If state or local laws do not conform with federal rules, the policies need to outline when the federal rules are applicable and describe the methods to be used that are in accordance with federal stands. Page 17 of 24

18 These rules will be reviewed over the first 90 days of 2017 to assure their applicability to the City and to align business practices with the requirement as outlined in Any changes to the Standards of Conduct or Written procedures will be recognized by Resolution. (b) Federal agency regulations implementing that OMB guidance Recommendation: Passage of a Resolution setting forth Port Orchards Standards of Conduct and Written Procedures in accordance with the Code of Federal Regulations. Motion for Consideration: I move to adopt a Resolution setting forth Port Orchard Standards of Conduct and Written Procedures in accordance with the Code of Federal Regulations. Fiscal Impact: Alternatives: Attachments: None None Resolution to be distributed before meeting. Page 18 of 24

19 City of Port Orchard 216 Prospect Street, Port Orchard, WA (360) FAX (360) Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: December 20, 2016 Subject: Discussion on CO#5 with JMG Construction Prepared by: Mark R. Dorsey, P.E. for the Completion of the Regional Decant Public Works Director Facility Retrofit Project Atty Routing No.: N/A Atty Review Date: N/A Summary: On August 23, 2016, and given that the Change Order Authority limit(s) established pursuant to Resolution No had already been met, the Port Orchard City Council, authorized the Mayor to sign Change Order No. 2 for $36, for the Regional Decant Facility and manage the construction contract up to the Budget Authority allotted in the Storm Drainage Utility Budget for the project. Due to several grant eligible soft costs that were not tracked by the Public Works Department (permit fees, PSE design costs, water meter fees, on-call materials testing, staff time/benefits, etc.), and additional Work items authorized by the Department of Ecology and the City to resolve design gaps (including work items found within Change Order No. 5 attached), an overage of the allotted 2016 Budget Authority ($1,015,000.00) by $45, has currently occurred. Recommendation: Staff recommends that at the December 27, 2016, Council meeting the City Council authorize the Mayor to Execute Change Order No. 5 with JMG Constructors, LLC in the amount of $35,213.95, with the required funding provided by the 2016 Storm Drainage Utility Fund. Fiscal Impact: Adjustments to the 2016 Storm Drainage Utility Fund required. Alternatives: Do not authorize Attachments: Change Order #5 Finance Dept. Summary Page 19 of 24

20 This Page Intentionally Left Blank Page 20 of 24

21 Page 21 of 24

22 Page 22 of 24

23 Page 23 of 24

24 Page 24 of 24