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2016-03-16 Joint Work SessionPage CITY COUNCIL - BOROUGH ASSEMBLY JOINT WORK SESSION AGENDA Wednesday, March 16, 2016 Kodiak Library Multi -Purpose Room 7:30 p.m. (Borough Chairing) Joint work sessions are informal meetings of the Borough Assembly and City Council where elected officials discuss issues that affect both Borough and City governments and residents. Although additional items not listed on the joint work session agenda are sometimes discussed when introduced by elected officials, staff, or members of the public, no formal action is taken at joint work sessions and items that require formal action are placed on a regular Borough Assembly and/or City Council meeting agenda. Public comments at work sessions are NOT considered part of the official record. Public comments intended for the "official record" should be made at a regular Borough Assembly or City Council meeting. PUBLIC COMMENTS (limited to Three Minutes per Speaker) 2. AGENDA ITEMS 3-50 A. Marijuana Legislation Borough Ordinance No. FY2016-17 Mariivana Regulations PROPOSED Resolution No. FY2016-31 Marijuana Task Force 2016-02-29 City WS Mariivana packet 2016-02-29 Stephens - The Alaska Mariivana Industry 51 -85 B. Accessory Dwelling Units 2016-03-02 Mayor Branson Accessory Dwelling Units 2016-02-10 City Communication RE ADUs 86-91 C. Emergency Management 2016-02-26 Emergency Management Discussion Emergency Services 92-99 D. Kodiak Fisheries Work Group Update Purpose and Strategy of the Fisheries Work Group 100-121 E. Kodiak Fisheries Advisory Committee Resolutions of KFAC F. Safe Schools Walking Project G. Update on Downtown Revitalization 3. FUTURE DISCUSSION ITEMS Page 1 of 121 A. . Invitation to Legislators to Visit Kodiak • Borough/City Consolidation • Lands Committee Update • Sharing of Information - City and Borough Strategic Plans Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 2 of 121 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Amended: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-17 AGENDA ITEM #2.A. Assembly member Rohrer Assembly member Rohrer Assembly member Rohrer/Borough Clerk 02/16/2016 03/03/2016 03/03/2016 03/03/2016 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE TITLE 5 BUSINESS LICENSES AND REGULATIONS BY CREATING A NEW CHAPTER 5.02 MARIJUANA BUSINESSES WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has provided for the legalization of various marijuana -related activities on a specific timeline; and WHEREAS, AS 17.38.110, "local control" in subsection (a) provides: "A local government may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or voter initiative"; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores within its borders; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; and Section 2: This ordinance shall be in effect through February 28, 2017. Section 3: A Marijuana Task Force will be created in the form of a resolution of the Assembly and shall exist concurrent with this ordinance. Section 24: KIBC Title 5 Business Licenses and Regulations is hereby amended by creating a new chapter 5.02 Marijuana Businesses to read as follows: Kodiak Island Borough, Alaska Marijuana Legislation Chapter 5.02 Ordinance No. FY2016-17 Page 1 of 2 Page 3 of 121 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 AGENDA ITEM #2.A. MARIJUANA BUSINESSES Sections: 5.02.010 Marijuana Businesses Prohibited. 5.02.020 Enforcement. 5.02.010 Marijuana Businesses Prohibited. The operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island Borough is hereby prohibited. 5.02.020 Enforcement A. A violation of a provision of this chapter is an offense punishable by a penalty not to exceed a fine of $1,000, in addition to the surcharge required under AS 12.55.039. Each day that a violation continues constitutes a separate violation and is subject to a separate fine. B. Notwithstanding the availability of any other remedy provided by the provisions of this code, the borough or any person aggrieved by a violation of this chapter may institute a civil action for injunctive relief to enforce these provisions in any court of competent jurisdiction. Section 3. Effective date. This ordinance is effective upon passage. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF MARCH, 2016 KODIAK ISLAND BOROU H ATTEST: J rrol-Firlin"orough Mayor Ll r 71 Nava M. Javier, WC, Borough Clerk Kodiak Island Borough, Alaska Marijuana Legislation Ordinance No. FY2016-17 Page 2 of 2 Page 4 of 121 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4s 49 50 Introduced by: Requested by: Drafted by: Introduced on: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2016-31 AGENDA ITEM #2.A. Assembly member Rohrer Assembly member Rohrer KIB Clerk 03/17/2016 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING A MARIJUANA TASK FORCE WHEREAS, on November 4, 2014, Ballot Measure 2 was approved statewide by the voters; and WHEREAS, Ballot Measure 2 also allows for the Borough to prohibit and/or implement regulations governing the number, time, place and manner of marijuana cultivation facilities, manufacturing facilities, retail stores and testing facilities; and WHEREAS, there are many issues and factors to be considered by the Borough in deciding all the local issues associated with the legalization of marijuana; and WHEREAS, the Assembly is creating a Marijuana Task Force to advise the Assembly and Administration on any and all aspects, impacts, and concerns related to the legalization of marijuana; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that there is established a Kodiak Island Borough Marijuana Task Force. Section 1: Created -membership. The formation of the Task Force will consist of the following eleven members. The quorum for this committee is attendance of six members and it takes a majority vole of those present for a motion to carry. 2 Borough Assembly Members 2 City Council Members • 1 Medical Professional 1 Law Enforcement 1 Retail Business Owner • 1 Marijuana Advocate 3 members at large Section 2: Organization. The chairperson and the vice chairperson are assigned by the Borough Mayor. The Chair person shall report to the entire Assembly on behalf of the Task Force. Section 3: Appointments. The Mayor shall appoint the members of the task force subject to confirmation of the Assembly. The City Council members are appointed by the City Council. Kodiak Island Borough Resolution No. FY2016-31 Page 1 of 2 Page 5 of 121 Marijuana Legislation 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 AGENDA ITEM #2.A. Section 4: Powers and duties. The scope of review of the task force includes, but not limited to: • Land use • Law enforcement • Revenue • Regulatory compliance • Cultivation • Manufacturing • Retail Stores • Testing The responsibility of the task force is to offer advice and recommendations to the Assembly and administration on both the upsides and downsides of any issue related to or impacted by the legalization of marijuana. Section 5: Administrative assistance. The clerk's office staff shall provide the committee with supplies, meeting space, and secretarial assistance. Section 6: Reporting. The Task Force chairperson shall report to the Assembly during a public meeting. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2016-31 Page 2 of 2 Page 6 of 121 Marijuana Legislation AGENDA ITEM #2.A. KODIAK CITY COUNCIL WORK SESSION AGENDA Monday, February 29, 2016 Borough Assembly Chambers 7:30 p.m. Work sessions are informal meetings of the City Council where Councilmembers review the upcoming regular meeting agenda packet and seek or receive information from staf/. Although additional items not listed on the work session agenda are sometimes discussed when introduced by the Mayor, Council, or staff, no formal action is taken at work sessions and items that require formal Council action are placed on a regular Council meeting agenda. Public comments at worts sessions are NOT considered part of the official record. Public comments intended for the 'official record" should be made at a regular City Council meeting. Discussion Items 1. Public Comments (limited to 3 minutes) 2. Marijuana Legislation....................................................................................................1 Page 7 of 121 Marijuana Legislation (This page left intentionally blank.) Marijuana Legislation AR:HWA'EAF-, Page 8 of 121 AGENDA ITEM #2.A. Page 9 of 121 Marijuana Legislation = m ry O m a E m E n. O F:, O N„ N„Pmvrlh -_m NO p�"ry N •� p� p a 510A [W1 N$PnV Vb_ <N=Nv_ rm W � O � d y m F ^0F1 6 "-A' i Ov�rZ �Ppn-;Q 0 � N N 1 V N 0 w oLn L N GG TT p S W"A 110 n�mNVP=.OV V�m SN<NOO_ V � O 'a m mqE' �O> 2. 5 oa p5 TpNNry C:L 23qq V�FF}nnn oGUY. :L�O�6 ._p v�o_o.n ALL m.nov+rov�o ��NrvrvmmrvNN�Mmmmoo"oma 1 Page 9 of 121 Marijuana Legislation AGENDA ITEM #2.A. •• • • • • .... • . • • . • • • • .. • • • • • • • • • • • • • • • • • • • • • a • •• "LEGAL -NESS" OF MARIJUANA UNDER ALASKA STATE LAW • • - • Activity Before Ballot Measure 2 After Ballot Measure 2 • • Public Consumption Illegal Illegal • • • - Penalty., B Misdemeanor - Penalty., Noncriminal violation; Max • • $100 fine • • DUI -Marijuana Illegal Illegal • • • Simple Possession —Up to Illegal Legal for adults over the age of 21 • • One Ounce (Non -Plant) • • • Simple Possession — More Illegal Illegal • • than One Ounces -Adults over 18 may possess up • • to four ounces of marijuana in *Adults over 21 may possess all of the • • • the privacy of the home for marijuana produced by lawfully- • • • personal use under Ravin v. possessed marijuana plants on the • • State. premises where the plants were grown. • • • Simple Possession — More Illegal Illegal • than Four Ounces • • • Simple Possession— Illegal Legal • • Up to Six Plants • • *The Alaska Medical Marijuana -Only three plants may be flowering at • • • • Law permits registered users to any time • • possess up to six marijuana • • plants (three of which may be • • flowering). • • • Simple Possession— Illegal Illegal • 25 or More Plants • • Manufacture, Delivery, Illegal Illegal • • Possession with Intent to *Adults over 21 may transfer up to 1 • • Manufacture or Deliver• ounce of marijuana (and up to six • • (Excluding marijuana plants) to another person over 21 • • • establishments licensed without remuneration. AS 17.38.020(c) • under AS 17.38] Any amount • • Personal Home Grow Legal Legal • • *BM2 and the Alaska Medical • •• Marijuana Law permit possession of up 0 • � to six marijuana plants (three of which • • maybe flowering) • • *Failure to comply with the statutory • • requirements far personal grow • • • operations is punishable by a fine of up • to $750. • F:1506742V22100497773.DOCx 2 Page 10 of 121 Marijuana Legislation AGENDA ITEM #2.A. •• • • 0 0 0 0 0 0 0 0 0 0 0 0 0 • • • 0 0 • • • • • 0 0 0 • 0 • • • • • • 0 • • 0 • • • EIGHT IS ENOUGH? The United States Department of Justice, Office of Deputy Attorney General, has • • • identified eight priorities that every municipality should adopt when regulating o • • marijuana. These eight priorities are: • • 1. PREVENTING THE DISTRIBUTION OF MARIJUANA TO MINORS • • 2. PREVENTING REVENUE FROM THE SALE OF MARIJUANA FROM GOING TO • • CRIMINAL ENTERPRISES, GANGS, AND CARTELS • • 3. PREVENTING THE DIVERSION OF MARIJUANA FROM STATES WHERE IT IS LEGAL • • UNDER STATE LAW IN SOME FORM TO OTHER STATES • • • • 4. PREVENTING STATE -AUTHORIZED MARIJUANA ACTIVITY FROM BEING USED ASA • • COVER OR PRETEXT FOR THE TRAFFICKING OF OTHER ILLEGAL DRUGS OR OTHER • • ILLEGAL ACTIVITY • u • S. PREVENTING VIOLENCE AND THE USE OF FIREARMS IN THE CULTIVATION AND c DISTRIBUTION OF MARIJUANA • • • 6. PREVENTING DRUGGED DRIVING AND THE EXACERBATION OF OTHER ADVERSE ` • PUBLIC HEALTH CONSEQUENCES ASSOCIATED WITH MARIJUANA USE • 7. PREVENTING THE GROWING OF MARIJUANA ON PUBLIC LANDS AND THE • • • • ATTENDANT PUBLIC SAFETY AND ENVIRONMENTAL DANGERS POSED BY • • MARIJUANA PRODUCTION ON PUBLIC LANDS • • • • 8. PREVENTING MARIJUANA POSSESSION OR USE ON FEDERAL PROPERTY • • • 42 Marijuana Legislation Page 11 of 121 AGENDA ITEM #2.A. CITY OF KODIAK ORDINANCE NUMBER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KODIAK, ALASKA AMENDING KODIAK MUNICIPAL CODE TITLE 7 ENTITLED "HEALTH AND SANITATION" TO ADOPT CHAPTER 7.40 ENTITLED "MARIJUANA REGULATION," AND DESIGNATING THE KODIAK CITY COUNCIL AS THE CITY'S LOCAL REGULATORY AUTHORITY ON MARIJUANA WHEREAS, the voters of Alaska approved Ballot Measure 2 on November 4,2014; and WHEREAS, Ballot Measure 2 provided for general legalization of marijuana and adopted a new chapter in the Alaska Statutes, which has been codified at Alaska Statute 17.38; and WHEREAS, Alaska Statute 17.38.100(c) provides for the transfer of a portion of license application fees to the "local regulatory authority" in a municipality and thus it is in the City's best interest to establish a `local regulatory authority" to ensure collection of any available fees; and WHEREAS, the Kodiak City Council is hereby designated the "local regulatory authority" pursuant to Alaska Statute 17.38.100(c). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kodiak, Alaska, as follows: Section 1: Section 7.40.0 10 Health and Sanitation, of the Kodiak City Code, is hereby amended to add a chapter designating the Kodiak City Council as the City's local regulatory authority on marijuana as that term is used in Alaska Statutes Chapter 17.38 and any implementing legislation or rule-making. Section 2: This ordinance shall be effective one month following final passage and publication in accordance with Kodiak Charter article II section 13. 4 Marijuana Legislation CITY OF KODIAK �� Page 12 of 121 AGENDA ITEM #2.A. ATTEST: CITY CLERK First Reading: Second Reading: Effective Date: Page 13 of 121 Marijuana Legislation AGENDA ITEM #2.A. CITY OF KODIAK ORDINANCE NUMBER AN ORDINANCE OF THE KODIAK CITY COUNCIL AMENDING KODIAK MUNICIPAL CODE TITLE 8 ENTITLED "PUBLIC PEACE, SAFETY, AND MORALS" TO ADOPT KODIAK CITY CODE 8.40, "PROHIBITED ACTS REGARDING MARIJUANA," TO PROHIBIT THE EXTRACTION OF TETRAHYDROCANNABINOL ("THC") OR ANY CANNABINOID BY USE OF MATERIALS OR METHODS DEEMED DANGEROUS TO PUBLIC HEALTH AND SAFETY, UNLESS OTHERWISE PERMITTED BY LAW. WHEREAS, in 2014, Alaska voters approved a ballot measure legalizing personal recreational marijuana use and possession of marijuana and marijuana paraphernalia; and WHEREAS, other jurisdictions that have legalized marijuana have experienced an increase in fires and explosions related to certain methods of manufacturing marijuana products, including the use of highly Flammable materials and methods to extract THC oil from the marijuana plant, resulting in significant personal injury, death and property damage; and WHEREAS, it is in the interest of the City of Kodiak and its residents to protect the public health and safety against known and unreasonable risks of certain manufacturing processes of a legalized marijuana industry. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kodiak, Alaska, as follows: Section 1: Kodiak City Code 8.40.010, "Certain manufacturing processes prohibited," is adopted to read as follows: (a) It shall be unlawful for any person to: Manufacture a marijuana concentrate, hashish, or hash oil by use of solvents containing compressed flammable gases or through use of a solvent -based extraction method using a substance other than vegetable glycerin, unless the person is validly licensed and permitted in accordance with statute, regulation, or ordinance. (b) Definitions. For purposes of this section. "manufacture" means the preparation, compounding, conversion, or processing of marijuana, hashish, or hash oil, either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the marijuana, hashish, or hash oil, or labeling or relabeling of its container. It includes the organizing or supervising of Page 14 of 121 Marijuana Legislation AGENDA ITEM #2.A. the manufacturing process. It does not include the legally authorized planting, growing, cultivating, or harvesting of a plant. 2. "marijuana concentrate" means any product which, through manufacture, contains tetrahydrocannabinol (THC). Common names and types of product include "shatter", butane or CO2 hash oil, "ring pots", butter, hash, hashish, keit, oil, or wax. (c) Seizure. Any marijuana as defined in AS 17.38.900, equipment, material, product, package or container possessed, used or intended to be used, or produced in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after their use for evidentiary purposes is no longer required, including in accordance with chapter 18.30 of this code. Section 2: This ordinance shall be effective upon the date that is one month after its final passage and publication in accordance with Kodiak Charter Section 2-13. CITY OF KODIAK MAYOR ATTEST: CITY CLERK First Reading: Second Reading: Effective Date: F:1505766161100489946.D0Cx Marijuana Legislation Page 15 of 121 AGENDA ITEM #2.A. Laurie Pardoe From: Mel Stephens <mmstep@gci.net> Sent Friday, February 26, 2016 5:12 PM To: Nova Javier Subject: Marijuana Attachments: The Alaska Marijuana Industry[1].pdf Nova, I haven't gotten the corrected copy of this yet — I understand there may be a typo or two in it — and am leaving the office soon. so I'm sending out the old one. Please forward it. Thanks, Mel Stephens Page 16 of 121 Marijuana Legislation En En 0 rd _SU) 06 U ~ - H r\ xrd� G4 U � Cd O O •+--' 0 O A pq 'c$ O G O A 4-1 -- N LL� t m Aj T� V �1 N cd N c( x U a U x F Q U a 10 'dCd O v rd .,� U) U •J v w cd LO o CdCd rd ���� A -j a)�� a) Cd U a � En 10 T -1-j En • "q ''� • N �Cd U) CdM� ° -Z � Cd Cd � a) cd a� z N U N ro +� N0 (1) U c2 Cd � � En _ U ) Cd V1 Cd Cd O O Cd z N O En U Ea • .. 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A 2 Q 0 � \ } ƒ e k § ' 2 / : f § .\ $ m (n Erci � o U O ® CO 7 2 p rd5 ƒ a) ® § pq . o m o e $ Q O Q cq� If ` 2 § g o '% 0 Eu d� § � �.� o Q (d ® � \ .� . / 0 0 2 A $ � $' O � rQ Cd $ § ¢ $ § ® $ o 0F,2 I S 2� ]\� ro OO N 0 �U OO� N +- + U 'd , G •r + ++ -' o�� °� rd rd En rd rd g W �'�'-' U) O� U ;0�0 U rd �i cd o ^ �o • � Ca :Z u cd o >4� d aa) 0o �o oa" Cts Z rd o U o 9 U U �a)U 0 U E rd N� �O �� 0Nv� m P4 'yS rd M IN d N M � q (d .� Cd § 0 � § .� 0 PLI 2 rd C0 ¢ cli 0 En 0 0 Q) ro rQ Cd 0 rQ M En C0 � � Q C.8 L § . i ro Q 2 § �a . '2cd� 2 v rd Cd cnra Cd 0 � 1 . 0 Eli § Cd En d.k �() 0 En .9 r C . 2 rio 124 0 CY) 17 � q (d .� Cd § 0 � § .� 0 PLI 2 rd C0 AGENDA ITEM #2.A. Page 50 of 121 Marijuana Legislation February 27, 2016 Ms. Pat Branson, Mayor City of Kodiak 710 Mill Bay Road, Room 219 Kodiak, AK 99615 Re: Accessory Dwelling Units Dear Mayor Branson: AGENDA ITEM #2.B. Kodiak Island Borough Continuity Development Deportment 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Pax (907)486-9396 www.kodiakak.us RECEIVED MAR 2 2016 OWCUGH CLEANS OFFICE KODIAK.ALASKA This letter is follow up on your February 10, 2016 letter to the Planning and Zoning Commission regarding Accessory Dwelling Units (ADUs). We understand the City has some concerns about the ADU proposal, particularly with respect to City services and infrastructure. Please be assured that Borough staff will continue to work with the City to address these concerns. The Community Development Department will be happy to meet with you, the City Council, or city staff to discuss the ADU proposal in greater detail. We are hopeful these discussions will continue in future as P&Z continues their review of ADUs. Upon review of your letter, I believe it is important to address what appears to be some misunderstanding of the ADU proposal and its potential impacts. For example: • Is the ADU proposal anew topic? The short answer is no. Including provisions for ADUs was one of the 2010 recommendations of the Project Advisory Committee (PAC) for the code update project (which ended about 1 year ago). City staff was well aware of this proposal and copies of the draft regulations were provided to the City. The concept of ADUs in Kodiak arose again during P&Z and Borough Assembly discussions following the announced closure of Jackson's Mobile Home Park in June of last year. Since that time, P&Z has held 6 work sessions and two public hearings on ADUs. And in addition to legal notices, display ads, social media ads, and 2 appearances on KMXT's Talk of the Rock program, I spoke about ongoing zoning code changes (including Page 1 of 4 Page 51 of 121 Accessory Dwelling Units AGENDA ITEM #2.8. ADUs) at City Council work sessions on July 22, 2015, October 20, 2015, and January 12, 2016. • Does the ADU ordinance rezone any property or change all R-1 zoned property to R-2? No. This issue has been raised at P&Z public hearings and, I believe, adequately answered. The draft ordinance adds ADUs as a permitted accessory use in the list of permitted uses in the R-1, R-2, RR, RR -1, RR -2, and C zoning districts. A January 6, 2016 staff memo to P&Z addressed this issue as shown below: Allowing ADUs is a change of zoning The draft ordinance does not change the zoning of any property in the borough. It does, however, change the text of Title 17, Zoning, by including ADUs as a new type of accessory land use in residential zoning districts. Chapter 17.205 KIBC, Amendments and Changes identifies both "an area proposed to be rezoned" (i.e., "any change in the boundaries of a district') and "a change in this title" separately in several sections of this chapter. Staff also notes that previous ordinances changing the text of Title 17 have never been considered a change of zoning. The Borough Attomey has reviewed the draft ordinance and concurs that the ordinance is not a change of zoning. In addition to our own code procedures for zoning code amendments, staff researched how other communities have processed code amendments to allow ADUs. To date, we have not found a single example where adding ADU provisions to a zoning ordinance (or other zoning code text amendments) has been deemed a rezone or processed as such. • Is there a need to define affordable and workforce housing or to conduct an analysis of housing needs? We believe the answer to this question is no. The draft ordinance does not attempt to define the terms "affordable housing" or "workforce housing." A definition of Accessory Dwelling Units is included, as follows: 17.25.020 A definitions. "Accessory Dwelling Unit (ADU)" means an additional dwelling unit attached to or within a single—family residence or within a detached accessory structure on the same lot as the single-family residence. ADUs have a separate entrance and exit and contain kitchen, bathroom, and sleeping facilities. The draft ordinance contains the following expression of intent with respect to ADUs: 17.160.070 Accessory Dwelling Units A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential neighborhoods and can be an effective way to add affordable housing to existing neighborhoods. ADUs also provide a flexible way to address family needs for additional Page 2 or 4 Page 52 of 121 Accessory Dwelling Units F-1TCUM-1TPIA EIM-0 housing. ADUs are not intended for use as transient housing and shall not be permitted for use as a bed and breakfast. 1. ADUs are not intended to allow a two-family residence in the R-1 zoning district. 2. ADUs are not intended to circumvent the parking requirements for a two-family dwelling (duplex) in the R-2 zoning district. I believe the expressed intent is consistent with public testimony at numerous public meetings, where the need for less expensive housing options in Kodiak is mentioned on a regular basis. The ADU proposal is designed to address this issue in our zoning code by allowing a new type of housing option that is generally less costly than construction of a typical single-family residence. Since the Borough has not adopted housing powers, the ADU proposal is not intended to create an affordable housing program. This approach is also consistent with how other communities have approached the question of accessory dwelling units (i.e., an optional form of housing as a land use entitlement and not a formal affordable housing program). Will ADUs have adverse impacts on City systems, such as roads, utilities, traffic, green spaces, and vegetation, impact on property values, and desirable population density? The Borough is not quite sure how to answer these concerns, particularly as the City has never raised these issues in the past with any development proposal or code change being reviewed by PBZ. To begin the discussion of these issues, the Borough would be interested in information on the following: 1) Has the City adopted any level of service standards for roads? 2) Has the City adopted any policies or code requirements for green spaces? 3) Has the City adopted any policies or code requirements for retention of vegetation during site development? 4) Has the City adopted or determined a desirable population density? The Borough is interested in this information because absent specific City policy direction or code requirements, we are concerned as to what objective standards would be applicable to evaluate the actual or perceived impacts on these City systems. • Will ADUs have adverse impacts to City water, sewer, and emergency response? Fire Chief Mullican recently met with staff to discuss how fire code requirements are implemented through the building permit process. Chief Mullican had an excellent suggestion for delineating the path of travel to an ADU entrance on the site plan that goes with the zoning compliance and building permits. It is our intent to include this requirement in the staff recommendation to PBZ at their next public hearing. With respect to the water system, Mr. Kozak's 2105116 email and discussion at the P&Z work session seem to indicate that additional residential development should not be an issue for the water system. Regarding sewer, the Borough would be interested in the following information 1) Was the wastewater treatment plant designed to accommodate maximum buildout of existing parcels under current zoning designations (e.g., development of all vacant R-1 Page 3 of 4 Page 53 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. zoned lots, a duplex on every lot zoned R-2, and full development of all other residential, commercial, and industrially zoned parcels) ? 2) Does the City have data on the average wastewater flow per household? 3) What is the maximum population that can be served by the wastewater treatment plant before improvements or expansion are required? 4) Has the City adopted a work program or CIP list to address what appears to be a large infiltration and inflow problem into the sewer collection system? 5) Has the City adopted a work program or CIP list to upgrade the transmission line from the Mill Bay Beach station back to the main wastewater treatment plant? During the February 10'h P&Z work session, there appeared to be consensus to postpone the third public hearing on this ordinance to the May 18'h Pi Z regular meeting, with P&Z continuing to evaluate the proposal at their March 9th, April 13th, and May 1 P work sessions. P&Z did not have a quorum for their February 17th public hearing, so formal postponement will not occur until the March 16th regular P&Z meeting. We will keep you informed as to the schedule for additional public hearings and work sessions. And as noted above, we would be happy to meet with City representatives to discuss the ADU proposal in greater detail. I have also attached the most recent draft of the ADU ordinance and staff memos to P&Z on this topic, Please feel free to contact the Community Development Department at (907) 486-9363 with any additional questions or concerns you may have regarding this matter. Sincerely, i Robert H. Pederson, AICP Community Development Director cc. Planning and Zoning Commission Borough Assembly Borough Lands Committee Page 4 of 4 Page 54 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. NQpO. PUBLIC HEARING ITEM 7-C P 8 2 REGULAR MEETINGFEBRUARY 17, 2016 Y 9 1Y ALASKA SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16-007. An ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) DATE: February 12, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 17, 2016 Regular Meeting APPLICANT: Kodiak Island Borough LOCATION: Borough -wide ZONING: Certain residential zoning districts STAFF COMMENTS At the February 10, 2016 work session, the Commission received new comment letters and discussed allowing additional time to thoroughly examine the possible impacts of ADUs. RECOMMENDATION Staff recommends that Case No. 16.007 be postponed to the May 18, 2016 regular meeting to allow borough and city staff additional time to research potential impacts. • Note: To allow the provision of additional information and facilitate further Commission discussion, staff will ensure the case is placed on the March and April agendas as an old business Item. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone Case No. 16-007 to the May 18, 2016 Planning and Zoning Commission regular meeting. Staff recommends this motion be approved. Case No 16007 SupplerneMal Staff Report and Recommendation Page 1 01160 Page 55 of 121 Accessory Dwelling Units Memorandum AGENDA ITEM #2. B. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: FEBRUARY 17 2016 Kodiak Island Borough Community Development Department 710 MITI Bay Road Kodiak, Alaska 99615 Phone (907) 486.9363 Fax (907) 486-9396 www.kodiakak.us Date: February 5, 2016 To: Planning and Zoning Commission From: Robert H. Pederson, AICP- Director RE: Accessory Dwelling Unita —supplemental information for the February 17th public hearing On January 20, 2016, the Planning and Zoning Commission held a second public hearing on this case. Following the public hearing, the commission postponed this matter to February 17th for a third public hearing. This memo is to transmit additional Information for the record that has been received since the January 201h public hearing. New or updated information • A 1/20/16 e-mail from P&Z commissioner Painter with suggested changes to the text of the draft ordinance • A 1/21/16 e-mail from P&Z commissioner Painter transmitting a 2006 HUD case study on ADUs. This e-mail also contained a link to accessorydwellings.org for additional information on this subject. • Population and housing data from the 2010 Census for Kodiak. • January 2013 Kodiak Economic Development and Housing Survey prepared by the Kodiak Chamber of Commerce. • Public comments received since the January 201" public hearing. • Information from the City of Kodiak Public Works Department regarding water and sewer capacity. Case Na. 1&007 Supplemental SUIT Report Page 13 or 160 Page 56 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING. FEBRUARY 17, 2016 Additional advertising and public outreach Since the January 2D1h public hearing, the Borough has published additional display ads, updated the information on the Borough web site, and placed an ad on Facebook with a link to ADU information. Staff has also posted a flyer around town (Harborside, Sutliffs, Safeway, Post Office, Library, Walmart, and Fly By) and will speak at the two Rotary clubs on February 91h and 10". Information from prior P&Z public hearing packets The packet also includes the packet materials and minutes from the December and January public hearings. Remaining Details for P&Z Consideration Should Commissioners wish to change any aspect of the ADU proposal, this should be accomplished by offering motions to amend the draft ordinance. Case No 16-007 Supplemental Staff Report Page 14 of 150 Page 57 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. �N q PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING JANUARY 20, 2016 _f 6: 4Ln5KY SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16-007. An ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: 17.50 (C -Conservation District) 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR7-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District) • 17.85 (R3-Multi-famliy Residential District) DATE: January 15, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 20, 2016 Regular Meeting APPLICANT: Kodiak Island Borough LOCATION: Borough -wide ZONING: Varies STAFF COMMENTS Al the December 16, 2015 regular meeting, the Commission postponed the proposed amendments to include development standards for accessory dwelling units in KIBC Title 17 (Zoning) to the January 20, 2016 regular meeting. The Commission further reviewed the proposed amendments at their January 13, 2016 work session. The attached ordinance shows all changes from existing KIBC Title 17 zoning requirements in the underline/skikethreugh format. This ordinance should be substituted for the version distributed to you for the December 16, 2016 public hearing. FURTHER CHANGES Should the Commission substitute the attached ordinance for the previous version, further changes to the ordinance must be recommended through a motion to amend. Approved amendments will be incorporated Into the ordinance prior to transmittal to the Assembly. PRIOR MOTIONS MAIN MOTION ON THE FLOOR COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to Include the standards for accessory dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, and to adopt the findings of fact listed in the staff report entered into the record for this case as 'Findings of Facr for Case No. 16-007. Case No. 16-007 Suppi mental Staff Report end Remmrrendatlw Page 113 of 160 Page 58 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JANUARY 20, 2016 Y A aY ALA�9� MOTION TO POSTPONE COMMISSIONER SCHMITT MOVED to postpone this case to the January 20, 2016 regular meeting (this motion passed). RECOMMENDATION TO AMEND BY SUBSTITUTION Staff recommends that the attached ordinance be substituted for the version distributed to you for the December 16, 2016 public hearing. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to amend, by substitution, the attached ordinance amending Chapters 17.25 KIBC (Definitions), and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include development standards for accessary dwelling units in the Borough. Staff recommends this motion be approved. FINDINGS OF FACT (KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options in Kodiak. The use of accessory dwelling units may be one part of a regulatory solution to address this multi -faceted issue. 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for accessory dwelling units and does not list them as a permitted use in any zoning district 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC provide the regulatory requirements for accessory dwelling units and list accessory dwelling units as a permitted use in certain residential zoning districts. 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Tide 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically, affordable housing. 5. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC. Case No 16007 Supplemental Staff Report and Recommendation Page 114 of 160 Page 59 of 121 Accessory Dwelling Units 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P R Z REGULAR MEETING: JANUARY 20, 2010 Introduced by: KIB Manager Requested by: PBZ Camrnission Drafted by: CDD Introduced: Public Hea ing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2016-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING CHAPTERS 17.25 KIBC (DEFINITIONS), 17.160 KIBC (ACCESSORY BUILDINGS), AND RELATED CHAPTERS OF TITLE 17, ZONING TO INCLUDE DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND TO'S'PECIFICALLY LIST ACCESSORY DWELLING UNITS AS A PERMITTED USE IN CERTAIN RESIDENTIAL ZONING DISTRICTS WHEREAS, as a second class Borough, the Kodiak Island Borough excemises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts;" and WHEREAS, there Is a growing awareness of the need for additional affordable and workforce housing options in Kodiak; and WHEREAS, the use of accessary dwelling units may he one part of a regulatory solution to address this multi -faceted Issue; and WHEREAS, KIBC Title 17 (Zoning) does not include regulatory requirements for accessory dwelling units and does not list them as a permitted use in any zoning district; and WHEREAS, the public necessity and general welfare of the community may be better served by amending the code to include development standards and zoning requirements for accessory dwelling units and to list them as a permitted use in all residential zoning districts;. and WHEREAS, the amendments to Chapters 17.25 KIBC (Definitions), 17.50 (C - Conservation), 17.60 (RR2-Rural Residential Two), 17.65 (RR -Rural Residential), 17.70 (RRi-Rural Residential One), 17.75 (R1-Single-famlly Residential), 17.80 (R2 -Two-family Residential), and 17.16 (Accessory Buildings) of Title 17 will accomplish the slated public need;and Kodiak Island Borough, Alaska Accessory Dwelling Units Ordinance No. FY2016-XX Page 1 of 7 Case No. 1&0075ubsWule Ordinance Page 115 o1150 Page 60 of 121 AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7•C P 8 2 REGULAR MEETING: JANUARY 20, 2016 WHEREAS, the Planning and Zoning Commission held work sessions or special meetings to review the proposed changes on October 7, 2015, October 14, 2015, November 10 2015, December 9, 2015, and January 13, 2016; and WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion at each work session; and WHEREAS, the Planning and Zoning Commission held public hearings on December 16, 2015 and January 20, 2016 and following the January 20, 2016 public hearing, voted to transmit their recommendations for revisions to Title 17 to the Borough Assembly; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; and Section 2: This ordinance shall be effective upon adaption. Chapter 17.25 DEFINITIONS 17.25.020 A definitions. Chapter 17.160 ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS Sections: 90 17.160.010 Intent. 91 17.160.020 Definition. 92 17.160.030 Permitted districts. 93 17.160.040 Height limit. 94 17.160.050 Area. 95 17.160.060 Setbacks. 96 17.060.070 Accessory Dwelling Units. 97 98 17.160.010 Intent 99 It is the intent of this chapter to set forth standards for the size and location of accessory 100 buildings and accessory dwelling units. Hoop houses shall not be subject to the 101 limitations of this chapter in all zoning districts where hoop houses are permitted. [Ord. Kodiak Island Borough. Alaska Accessory Dwelling Units Ordinance No. FY2016-XX Page 2 of 7 Case No. 16-007 subs8lule ordinance Page 118 of 160 Page 61 of 121 AGENDA ITEM #2.B. PUBLIC HEARING frEM 7•C P 8 Z REGULAR MEErING: JANUARY 20, 2016 102 FY2012-10 §12, 2012; Ord. 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly 103 §17.51.010]. 104 105 17.160.020 Deflnitlon. 106 "Accessory building' means: 107 A. A detached building, the use of which is appropriate, subordinate and customarily 108 incidental to that of a main building, located on the same lot as the main building and 109 which is not designed or intended to be used for living or sleeping purposes. 110 B. An accessory building shall be considered to be a part of the main building when joined III to the main building by a common wall not less than four feet long or by a roofed 112 passageway which shall not be less than eight feet in width. 113 C. Any structure, regardless of type of foundation or base support, including skid -mounted 114 or other movable structure, that also requires a building permit for construction (for 115 example, structures where the projected roof area exceeds 120 square feet). A minor 116 structural development that does not require a building permit is not regulated by this 117 chapter. 118 D. A nonmotorized container van when used for the sole purpose of storing emergency 119 response equipment in the Kodiak Island Borough and not placed on a permanent 120 foundation. [Ord. 2001-01 §2, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. 121 Formerly §17.51.020]. 122 123 17.160.030 Permitted districts. 124 A. Accessory buildings are permitted in all land use districts that specifically allow for 125 them. 126 B. In residential zoning districts, no accessory building shall be located on any lot in the 127 absence of a main building used as a residence; except that in the case of a vacant lot, 128 zoning compliance for an accessory building (used solely for the storage of tools and 129 materials needed for the construction of the permitted residence) may be issued at the 130 same time zoning compliance and a building permit are issued for a residence. 131 C. An accessory building as defined by KIBC 17.160.020(D) is permitted In all zoning 132 districts with authorization from the local municipality and issuance of a zoning compliance 133 permit. [Ord. 2001-01 §3, 2001; Ord. 90-31 §2, 1990; Ord. 82-14-0(A) §2, 1982. Formerly 134 §17.51.0301. 135 136 17.160.040 Height limit 137 The maximum height of an accessory building is 25 feet An exception to this section is 138 any structure that meets the definition of an amateur radio antenna as outlined in AS 139 29.35.141. [Ord. FY2006-08 §2, 2006; Ord. 90-31 §2, 1990; Ord. 82-14.0(A) §2, 1982. 140 Formerly §17.51.040]. 141 142 17.160.050 Area. 143 A. The maximum lot coverage of the total of all accessory buildings on a tot shall not 144 exceed 10 percent of the area of a lot except that on any lot of record, accessory buildings 145 may cover a maximum of 600 square feet of the lot or 10 percent of the area of the lot, 146 whichever is greater. 147 B. Accessory dwelling units are exempt from the lot coverage limitations of this 148 section. 149 Kodiak Island Borough, Alaska Ordinance No. FY2016-XX Page 3 of 7 Case No. 16-007 subal0ute Oldiname Page 117 of 160 Page 62 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC HEARING REM 7-C P 8 Z REGULAR MEETING JANUARY 20, 2016 150 17.160.060 Setbacks 151 The setbacks for accessory buildings and accessory dwelling units are those 152 established for the zoning district in which the accessory building will be located. 153 154 17.160.070 Accessory Dwelling Units. 155 A.Intent 156 157 156 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 1. 2. B. Permitted Uses. 1. ADUs are a Permitted use In the following residential zoning districts: a. Chapter 17.50 KIBC, C -Conservation District: b. Chapter 17.60 KIBC, RR2-Rural Residential Two District: c. Chapter 17.65 KIBC, RR -Rural Residential District: d. Chapter 17.70 KIBC, RR1-Rural Residential One District: e. Chapter 17.76 KIBC, R1 -Single-family Residential District: f. Chapter 17.80 KIBC. R2 -Two-family Residential District. C. Development Standards for ADUs. 1. Only one ADU shall be permitted on a lot. 3. ADUs are required to comply with all applicable building and fire code requirements. 5. Parking. Four off-street parking spaces are required for any lot with an ADU f3 for the existing dwelling unit and 1 for the ADU. 6. Size Limit Kodiak Island Borough, Alaska Accessory Dwelling Units Ordinance No. FY2016-XX Page 4 of 7 Case No. 164)07 Substitute Ordinance Page 11a of 160 Page 63 of 121 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING JANUARY 20.2016 33 percent of the total living area of the principal dwelling or 808 square feet square feet, whichever Is less. c. If the ADU is located an a single floor or story and there Is no increase In the size of the house, the entire floor or story may be used for the ADU. e. Mobile homes, recreational vehicles, campers, and travel trailers are not bermitted to be used as an ADU. 7. The accessory dwelling may contain no more than a living area, kitchen area, one bedroom, and one bath. B. The owner of the property shall live In the principal dwelling or the ADU. 9. No more than two people shall reside in the ADU. 10. No new access points or driveways shall be created or Installed for access to the ADU. 11. Nonconforming structures. a. AD_Us_may be located within an existing single-familV detached dwelling that Is nonconforming with respect to required setbacks, provided the ADU requirement for off-street parking is met. b. ADUs are prohibited In any accessory structure that is nonconforming with respect to required setbacks. Chapter 17.60 C — CONSERVATION DISTRICT 17.60.030 Permitted accessory uses and structures. In addition to those uses and structures specifically identified in KIBC 17.50.020, the following accessory uses and structures are permitted when developed in support of permitted principal uses: B. Accessory residential buildings (e.g., accessory dwelling units, crew quarters In support of commercial set -net fishing and lodge operations, banyas, outhouses, etc.); Chapter 17.60 RR2— RURAL RESIDENTIAL TWO DISTRICT Kodiak Island Borough, Alaska Accessory Dwelling Units Ordinance No. FY2016-XX Page 5 of 7 Case No. 16.007 5ubsUlule Oidnance Page 119 of 160 Page 64 of 121 AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P d Z REGULAR MEETING: JANUARY 20, 2016 242 243 ... 244 245 17.60.020 Permitted uses. 246 The following land uses and activities are permitted in the rural residential two district: 247 A. Accessory buildings and accessory dwelling units; 248 249 ... 250 Chapter 17.66 251 RR — RURAL RESIDENTIAL DISTRICT 252 253 ... 254 255 17.65.030 Permitted accessory uses and structures. 256 A. Accessory buildings and accessory dwelling units; 257 258 ... 259 260 Chapter 17.70 261 RR1— RURAL RESIDENTIAL ONE DISTRICT 262 ... 263 264 17.70.020 Permitted uses. 265 The following land uses are permitted in the rural residential one district: 266 A. Accessory buildings and accessory dwelling units; 267 268 ... 269 Chapter 17.75 270 R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT 271 ... 272 273 17.76.020 Permitted uses. 274 The following land uses and activities are permitted in the single-family residential district: 275 A. Accessory buildings and accessory dwelling units; 276 ... 277 278 Chapter 17.80 279 R2 — TWO-FAMILY RESIDENTIAL DISTRICT 280 281 282 17.80.020 Permitted uses. 283 The following land uses are permitted in the two-family residential district: 284 A. Accessory buildings; 285 B. Beauty shops; 286 C. Churches; 287 D. Clinics; 288 E. Greenhouses; 289 F. Home occupations; 290 G, Hospitals; Kodiak Island Borough, Alaska Ordinance No. FY2016-XX Page 6 of 7 Case No 16.007 Substitute grAinance Page 120 of 160 Page 65 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. Page 66 of 121 Accessory Dwelling Units PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JANUARY 20, 2015 291 H. Parks and playgrounds; 292 I. Professional offices; 293 J. Schools; 294 K. Single-family dwellings; 295 L. Two-family dwellings; 296 M. Vacation homes; 297 N. Bed and breakfasts; and 298 O. Hoop houses-, and 299 P. Accessory dwelling units when there Is a single-family residence on the 300 Property. In.a FY2016 06 eo 2046; n,d FY2012 40 NII 2012i (1..1 ovanm 00 0 301 302 303 304 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 305 THIS DAY OF 2016 306 307 308 KODIAK ISLAND BOROUGH 309 310 311 312 Jerrol Friend, Borough Mayor 313 314 ATTEST: 315 316 317 318 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-XX Page 7 of 7 Case No. 16-0075ubs01ute Ordnance Page 121 of160 Page 66 of 121 Accessory Dwelling Units Memorandum AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JANUARY 20. 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486.9396 www.kodiakak.us Data: January6,2015 To: Planning and Zoning Commission 'D From: Robed H. Pederson, AICP - Director �ifyf RE: Accessory Dwelling Units—issues raised at the December 16th public hearing This memo is to address some of the issues and questions raised at your recent public hearing on the proposed zoning code changes to allow accessory dwelling units in residential zoning districts in the Kodiak Island Borough. Background The concept of allowing ADUs in Kodiak was Included in the recommendations of the Project Advisory Committee In the 2010-2013 timeframe as part of the code update project. Previous staff reports for the code update hearings also addressed the ADU issue in some detail. When the closure of Jackson's mobile home park was announced in May of last year, the Planning and Zoning Commission began consideration of a number of possible regulatory changes, Including ADUs, to address the need for affordable and workforce housing. Issues Raised in Public Comment During the December 16'h P&Z public hearing, the following issues were raised regarding ADUs. Staff comments/responses to each Issue follow each comment. • Allowing ADUs Is a change of zoning The draft ordinance does not change the zoning of any property in the borough. It does, however, change the text of Title 17, Zoning, by including ADUs as a new type of accessory land use In residential zoning districts. Chapter 17.205 KIBC, Amendments and Changes identifies both "an area proposed to be rezoned" (i.e., .any change in the boundaries of a dislrict'l and "a change in this title" separately in several sections of this chapter. Case No 16.0075uppk ental Memo Pc7u 122 cf 1[0 Page 67 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC NEARING ITEM 7•C P 8 Z REGULAR MEETING: JANUARY 20.2016 Staff also notes that previous ordinances changing the text of Tille 17 have never been considered a change of zoning. The Borough Attorney has reviewed the draft ordinance and concurs that the ordinance is not a change of zoning. • There should have been direct notice to property owners KIBC 17.205.040 does not require notice to all property owners for a change in the text of the zoning code. Direct notice to nearby property owners is only required for a rezone (and then in the same manner as for a variance). Changes to the text of the code are adopted by ordinance, with published notice In advance of public hearings. This has been the process for all code changes since the Inception of the Kodiak Island Borough. The Borough Attorney has reviewed the draft ordinance and concurs that the ordinance does not require direct notice to property owners. • ADUs will change the character of individual neighborhoods Most communities that allow ADUs include design, size, and occupancy limits in their ordinances to limit or minimize potential adverse Impacts. These requirements appear to be effective and ADUs seem to peacefully coexist within neighborhoods in other communities without adverse impacts. The proposed ordinance limits occupancy to no more than 2 persons, limits the size of the ADU, and contains design requirements Intended to ensure that a structure containing an ADU does not have the outward appearance of a duplex. Staff has consulted with planners in many jurisdictions and none Identified any adverse impacts from ADUs over lime. Available planning literature is similarly silent on adverse impacts from ADUs. Actual quantifiable impacts from ADUs are not well defined. Increased traffic is a concem often cited by neighbors. Staff consulted with the ITE Trip Generation Manual and did not find specific tables for ADUs. Calls to colleagues verified that ITE does not publish separate rates for ADUs. Other jurisdictions use ADU trip generation rates of 0.45 to 9.52 Average Dally Trips (ADT). Based on the range of numbers, traffic from an ADU should range from % the rate of the single-family residence to equal to that generated from a single-family residence. While ADUs will generate additional traffic, the amount of traffic should be minimal, especially when compared to other allowed uses and activities in residential zoning districts. Examples include B&Bs, home occupations, professional offices, beauty shops, schools, etc. Any one of these uses could generale as much or more traffic than an ADU. • Possible Impacts to property values ADUs have become a common component of zoning codes across the country, especially in the last 20-25 years. Concerns about property values are often raised when codes change. Staff has spoken with planners from numerous jurisdictions and reviewed the planning literature on ADUs. We have not found a single credible example where ADUs have negatively Impacted property values. One might easily make the case that ADUs enhance property values by adding a possible Income stream for a residential property owner. Case No 16007 Supplemental Memo Page 123 or 160 Page 66 of 121 Accessory Dwelling Units AGENDA ITEM #2.6. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING. JANUARY 20,20 16 • Allowing ADUs overturns the comprehensive plan The 2008 KIB Comprehensive Plan does not directly address affordable housing issues In detail. Staff does not believe that allowing ADUs would overturn the comprehensive plan. The comprehensive plan is a policy document to guide local decision making and is implemented many ways, typically through local development regulations (zoning), subdivision rules, and the capital Improvements program. The 2008 Comprehensive Plan does contain references to the need for additional affordable housing and minimizing land use conflicts, as shown below: Chapter 6 (Housing): Affordability According to the U5. Census, median values for owner-accupled homes in the Kodiak Wand Borough Increased by lull over 411% between 1990 and 201 ham $110.300 in 1990 to $155,100 in 2000. The highest home values In 2000 (greater than $145.0001 were in Kwkh, Warrens Boy, and Kodiak. while the lowest ($90,000 or less) were In Akhkok. Aleneva. Ousinkle and Port Liam. The greatest Increases In home value between 1990 and 20001ook place in CMak, Koduk. and Old Hoibw, oB of which increased between 92% and 101%. The smallest Increases were In Ourinkie 11'%) and Pad Liam 16%1. in 2000, the Borough -wide median gross renl was $791, 0 17%increase over the 1990 median of $676. Medlon gross renis In women Bay 1s 1.2031 and Kadiok Sicilian [$1.026) were for higher than in any other community In the Borough. The lowest (less than $400) were in Akhlok ChsWak. and Koduk. Table 6.5 summarises HUD's Comprehensive Homing Affordably Strategy data for the yew 2000. which describes Income and housing affordability condilom for owner and renter -occupied households. The table shows that roughly half ISO%) of the City's Ionia, households had Incomes at or, below 80%of the local area's Median Family Income (MFI - adjusled for Fortuity shel, and 10% were at w below 30% of Mn. A smiler percentoge of owneroccupled households (29%) hod Incomes of or below 80% of MR. The low and moderate Income pemenloges are significantly higher for households with ekle,ly residents 181% of renter-occupled households and 43% of owner-occupled households had incomes of w below 80% of MFll.r Table 6.5 shows (hal 61% of low and moderole-Income households Ihousehods with Incomes less than 80% of the median) have same ram of housing problem. These housing problems can Include a cost burden (.e., spending more than 30% of moneay income on hawing), overcrowding Im re than 1.01 person par room), w a lock of complete kitchen or plumbing foc&ltes. Housing problems ore more prevalent omang ce low and moderote-Incorne home owners 165%I Mon renters In the sane Income categories 158%1. For both homeowner and renlers, housing problems we most common (85% and 88%respeclively) In the 0. 30% Income bracket, where paying more than 3D% of household Incase an housing accounts for the buk of the households with probkenr.e Goals, Policies & Implementation Actions Goal. Help ensure that an adequate supply or (and for housing and a sufficient stock of hous�na, including affordable housing, are available for Borough resistants. Chapter 4 (Land Use and Ownership): Goals, Policies & Implementation Actions Goal, Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Case No. I6-007 supplemental Mena Page 124 of 160 Page 69 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING. JANUARY 20, 201a Policies • Maximlte compolib'`ulyof adjacent land uses and m7n!mlre conl.cls lhroughron!ng. bulrehng, design standards and other meom. Based on the above excerpts from the Comprehensive Plan, staff recommends that adding provisions for ADUs is consistent with the 2088 Comprehensive Plan. • ADUs eliminate all low density zoning As previously noted, the proposal does not change any existing zoning designation. There Is no change in density because ADUs are not defined as separate single-family residences. ADU ordinances typically have size, occupancy, and design limitations to ensure the ADU remains an "accessory use" to the principal residential use. The draft ordinance contains all of these features. • Transparency and conflicts of interest Changes to Borough Code are adopted by ordinance, following an Assembly public hearing. In the case of amendments to Title 17, the proposed change(s) are first reviewed by P&Z, who forwards a recommendation to the Assembly. Changes to borough code are considered a legislative matter. Legislative enactments are different than quasi-judicial matters; where the rules for ex -parse communication and conflicts of Interest do not generally apply. The borough has been extremely transparent in processing the proposed changes for ADUs. All notice requirements of code have been met and exceeded. P&Z has held multiple work sessions an this topic and the public hearing on January 201h will be the second P&Z hearing. The Borough Assembly will hold their own public hearing once a recommendation is forwarded from P&Z. • Studies on affordable housing and more impact assessment needed By any measure staff believes there is a need for additional affordable housing In Kodiak. This subject comes up regularly at public hearings, public meetings, etc. While additional study of affordable housing issues are needed (the upcoming agenda for the Governor's Affordable Housing Summit mentions this very paint), staff does not recommend that adding ADUs to the KIB Zoning Code should wait Until some undetermined time when more studies are available. Additional studies may assist in better understanding the need and hurdles to addressing affordable housing, but will not result in construction of any additional housing. ADUs are a proven tool that addresses a segment of this issue for many communities. Remaining Details for P&Z Consideration There are several aspects of the ADU proposal that need to be resolved by the commission. These details have been discussed or addressed at prior work sessions and the December public hearing. P&Z expressed an intent to receive public comment before final deliberations on this ordinance. The remaining Issues include: • Size limit of ADUs Casa No 16007 Supplemental Memo Pz5n 125 of 1E0 Page 70 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P &Z REGULAR MEETING JANUARY 20, 2016 As drafted, the ordinance has a placeholder for the maximum size of an ADU. As previously discussed, size limits — together with other design parameters — are a common component of ADU regulations in other communities. The Intent of such regulations Is to ensure that an ADU is an accessory use and activity to the principal dwelling unit. Staff recommends a size limit of 650 square feel. • ADUs as a permitted or conditional use— In which zoning disldcls As drafted, ADUs would be a permitted accessory use in all residential zoning districts. There has been discussion and public comment as to whether ADUs should be permitted In all zoning districts, whether ADUs should be a conditional use in some districts, and whether ADUs should be a conditional use when the site Is not served by public water and sewer. Please see the table below, which shows ADUs as a permitted use In all districts. During deliberations, the Commission can decide whether to make ADUs a conditional use in any particular zoning district. Another point to consider is whether an ADU should be a conditional use when the site is nonconforming with respect to the minimum lot size of the zoning district in question. For example, ADUs could be permitted in R-1, unless the lot was less than the 7,20D square foot minimum lot size, and then the ADU would be a conditional use. Zoning District Permitted Use Conditional Use Served Nonconforming by Lot Size Water and Sewer R-1 Yes R-2 Yes R-3 Yes RR Yes RRA Yes RR -2 Yes C- Conservation Yes Other changes? Should the Commissioners want to propose other changes to the ordinance, this should be accomplished by offering motions to amend the draft ordinance. Case No. 16-007 Supplemental Memo Page 126 or 160 Page 71 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JANUARY 20, 2016 LEVESQUE LAW GROUP, LLC 3390 C Sveac Sulse 203 Jmeph N. levmque An<horare AtasW 99307 Shane E. Levesque, Of Counsel Phone (9W) 7618933 Fac pe6) 3090667 webshc le+nque4wpouptom MEMORANDUM TO: Charles ('Bud") E. Cassidy, Jr. Manager Kodiak Island Borough Robert H. Pederson, Director, Community Development Kodiak Island Borough FROM: Joseph N. Levesque, Borough Attorney TL, DATE: January 6, 2016 U RE: Review of proposed ordinance amending KIBC Title 17, Zoning to allow Accessory Dwelling Units (ADUs) as a permitted accessory use In all residential zoning districts. We have reviewed proposed Ordinance No. FY2016-XX amending Kodiak island Borough ("KIBC") Title 17 to Include Accessory Dwelling Units as a permitted use in all residential zoning districts and approve It to form. The only changes recommended are to (1) consider including the application fee for the permit; and (2) delete Exhibit A. In the transmittal memorandum requesting legal review of the proposed ordinance, the following two quesllons were asked to be addressed: (1) whether the Ordinance constitutes a rezone of all residential properties; and, (2) whether the Ordinance requires direct notice to property owners In the same manner as would be for a rezone. The Short Answer to each of your questions is: (1) No, the proposed Ordinance amendments do not appear to be a rezone; and (2) No, direct notice to property owners in the same manner as a rezone, is not required. First, practically speaking, the difference between a "rezone" and changing the Zoning Code regulations are at issue here. Rezoning generally affects specific Case No. 16-007 Ord;nanm Legal Review Accessory Dwelling Units Page 127 of 160 Page 72 of 121 AGENDA ITEM #2.B. PUBLIC BEARING ITEM 7-C P & Z REGULAR MEETING: JANUARY 20, 2016 LEVESQUE LAW GROUP, LLC Charles E. Cassidy and Robert Pederson January 6, 2015 Page 12 properties, while changing the Zoning Code affects all properties within a certain zoning designation. The difference Is one of function; while a "rezone" is generally a quasi- judicial function, changing or amending the Zoning Code is a legislative function. The legislative authority of the Borough Iles with the Assembly. Pursuant to KIBC Sec. 17.205.010: Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. Just as the initial adoption of the Zoning Ordinances was a legislative act, so is any Amendment to the ordinance text. Simply put, the text amendment being proposed will change the rules for all properties in the jurisdiction zoned for that particular use (i.e. all residential zoning districts). Second, because this Is not a rezone In the sense that it affects a limited specific parcel or parcels of property, no direct notice to the property owners In the same manner as a rezone is required. The normal notice requirements pursuant to KI GC Sec. 17.205.070 will adequately provide the necessary notice to the public. That notice, coupled with the requisite public hearing, appears to be all that is required for this type of amendment to the Code. We hope this Memorandum has adequately answered the questions you posed. We are available to discuss this matter further If you have any additional concerns or questions. Case No. 16-007 Ordinan. Legal Redew Page 120 of 160 Page 73 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. �N PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING. DECEMBER 16. 2015 Y Y 0 0 `i ALASKG SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 16.007. An ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) 17.70 (RR1-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District) Residential DATE: December 10, 2015 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 16, 2015 Regular Meeting. APPLICANT: Kodiak Island Borough LOCATION: Borough -wide ZONING: All Residential Zoning Districts STAFF COMMENTS The attached draft ordinance incorporates recommended ADU development standards into KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings). The ordinance also reflects changes that specifically list ADUs as a permitted use In all residential zoning districts. The ordinance is the result of Commission discussion during the past four work sessions and Includes all proposed changes to date. FURTHER DISCUSSION POINTS At the December 9, 2015 work session, the Commission recommended that the following items (highlighted in the ordinance) be points of discussion during the December 16, 2015 public hearing: • ADU size limit. Staff recommends that ADUs be limited to 650 square feet • Listing ADUs as a permitted use In R2 and R3 zoning. Staff recommends further discussion as to whether ADU's are an appropriate use in these zoning districts. FURTHER CHANGES Should the Commission propose further changes to the ordinance, those changes must be recommended through a motion to amend. Approved amendments will be Incorporated into the ordinance prior to transmittal to the Assembly. CaSe No 16-007 Sopple nlal Staff Report and RK=Mn0albn Page 137 of 160 Page 74 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. VPN soy PUBLIC HEARING ITEM 7-C P 82 REGULAR MEETING. DECEMBER 16, 2015 Y a 0 � DY ALASKA Staff recommends that the Commission forward this ordinance to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include the standards for accessory dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, and to adopt the findings of fact listed In the staff report entered into the record for this case as 'Findings of Fact" for Case No. 16-007. FINDINGS OF FACT (KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options in Kodiak. The use of accessory dwelling units may be one part of a regulatory solution to address this multi -faceted issue. 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for accessory dwelling units and does not list them as a permitted use in any zoning district 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC provide the regulatory requirements for accessory dwelling units and list accessory dwelling units as a permitted use in all residential zoning districts 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically, affordable housing. 5. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC. Case No 16.007 Supplemental Stall Report and Recommendation Page 139 of 160 Page 75 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. �N • PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING DECEMBER 16, 2015 Y t 0 ai Al/15KA r STAFF REPORT AND RECOMMENDATION Case No. 16-007. An ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District) DATE: December 3, 2015 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 16, 2015 Regular Meeting. APPLICANT: Kodiak Island Borough LOCATION: Borough -wide ZONING: All Residential Zoning Districts APPLICABLE REGULATIONS: The fallowing sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. 83-58-0 §1, 1983. Formerly §17.72.010]. 17.205.020 Report from planning and zoning commission The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initialed and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. [Ord. 83-58-0 §i, 1983. Formerly §17.72.020]. STAFF COMMENTS There is a growing awareness of the need for additional affordable and workforce housing options in Kodiak. The concept of ADUs was included in the overall code revision project that ended in February of 2015. Once the closure of Jackson's Mobile Home Park was announced Case No 18-007 Slap Report and Rec enlabon Page 147 or 160 Page 76 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. P, '40 a—C,4 PUBLIC HEARING ITEM 7-C % P & Z REGULAR MEETING: DECEMBER 16, 2015 Y Q F„ 0 Y ALASKY in May of 2015, the Commission and staff began working on a number of code changes to address mobile home parks, recreational vehicle parks, and code provisions for affordable and workforce housing. On July 7, 2015, the Commission voted to consider ADUs once their review of RV park standards was complete. Accessory dwelling units (ADUs) are a proven planning tool used to address the need for housing alternatives in many other communities. Accordingly, incorporating development standards for accessory dwelling units into Borough zoning code may be one part of a regulatory solution to address this multi -faceted issue. The attached draft ordinance Incorporates recommended ADU development standards into KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings). The ordinance also reflects changes that specifically list ADUs as a permitted use in all residential zoning districts. This ordinance is the result of Commission discussion during the past three work sessions. Bold blue underline represents new language recommended by the Commission. Redstrikehreugh represents housekeeping changes. FURTHER DISCUSSION POINTS Staff recommends that the following language be further discussed by the Commission: • Highlighted bold blue underline represents additional changes proposed by staff. The changes are recommended to improve clarity and consistency. Staff recommends these changes be approved by the Commission. • Highlighted bold red underline represents the following: o ADU size limit. The Commission recommended that this be a point of discussion during the December 16, 2015 public hearing. Staff recommends that ADUs be limited to 650 square feel. o Listing ADUs as a permitted use in R2 and R3 zoning. Staff recommends further discussion as to whether ADU's are an appropriate use in these zoning districts. Staff will incorporate any new proposed changes into the draft ordinance presented for public hearing. Case No 16-007 Staff RepON and Recommendation Page 146 of 1G3 Page 77 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. PNo eoyo PUBLIC HEARING ITEM 7-C y P 8 Z REGULAR MEETING DECEMBER 16, 2015 Y 0 O Y ALASKA RECOMMENDATION Staff recommends that the Commission forward this ordinance to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is, Move to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include the standards for accessary dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-007. FINDINGS OF FACT (KIBC 17.205.020) 1. There is a growing need for additional affordable and workforce housing options in Kodiak. The use of accessory dwelling units may be one part of a regulatory solution to address this multi -faceted issue. 2. Current KIBC Title 17 (Zoning) does not include regulatory requirements for accessory dwelling units and does not list them as a permitted use in any zoning district 3. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC provide the regulatory requirements for accessory dwelling units and list accessory dwelling units as a permitted use in all residential zoning districts 4. The amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC are consistent with the adopted Comprehensive Plan goals and policies related to housing and specifically, affordable housing. 5. The Planning and Zoning Commission recommends approval of the amendments to Chapters 17.25, 17.160, and related Chapters of Title 17 KIBC. Case No 10.007 Slafl Repan and Reca nmenda Von Page 199 of 160 Page 78 of 121 Accessory Dwelling Units February 10, 2016 Kodiak Island Borough Planning and Zoning Commission Office of the 710 Mill Bay Road, Room AGENDA ITEM #2.B. and Council . Alaska 99615 Re: Draft Ordinance of the Assembly of the Kodiak Island Borough Amending Chapters 17.25 KIBC (Definitions) 17.160 KIBC (Accessory Buildings), and Related Chapters of Title 17, Zoning to Include Development Standards for Accessory Dwelling Units and Specifically List Accessory Dwelling Units as a Permitted Use In Certain Residential Zoning Districts Dear Commissioners: It has recently come to the City's notice that the Planning and Zoning Commission is considering an ordinance pertaining to accessory dwelling units. This ordinance will eliminate all single family residential property in the City and, in essence, rezone all those properties R-2. This Is a huge change as the vast majority of residential property in the City Is R-1. The City requests that the Borough define "affordable and work force housing" and conduct an analysis of the need for affordable and work force housing. The City needs time to study and understand the potential ramifications of this ordinance on the City's infrastructure and culture before It can support or oppose this ordinance. Some of the areas of concern are the effects of this ordinance on City systems: sewer and water, roads, utilities, traffic, green spaces and vegetation, impact on property values, and desirable population density. In addition, as this ordinance is Borough wide, the adjacent areas to the City that are connected to sewer and water will need to be considered, as the city provides sewer and water and wastewater treatment to those areas. Emergency response Is another major concern to the City. Additional information from our Public Works Direclor and Fire Chief are Included to better define the City's concern about impacts to the water, sewer, and wastewater systems and emergency response concerns pertaining to International Fire Code Implications. We request that the Planning Commission delay final action an this ordinance until such time as the City has had the time to understand the potential impacts and make a knowledgeable response and recommendation to the Commission. If there is no delay and without a better understanding of the impacts, the City at this time must strongly appose this ordinance and ask the Planning Commission to reject IL Sincerely, GL -k4 1. Kodiak City Council and Pal Branson, Mayor Enc. Totephone )907) 466-8636 r Fax (907) 466-8633 m ayo r@c I ty.k o dlak.ak.ue Accessory Dwelling Units Page 79 of 121 AGENDA ITEM #2.B. Marlar, Debra From: Kozak, Mark Sent: Wednesday, February 10, 20161:30 PM To: Kniaziowski, Aimee; Madar, Debra Subject: FW: Utillty Information about system Capacity From: Bob Pederson [mallto:bpederson@kodlakak.us] Sent: Friday, February 05, 2016 3:59 PM To: Kozak, Mark Subject: RE: Utility Information about system Capacity Mark: Would you be able to attend the P&Z packet review work session next Wednesday (February 10") at 6:307 From: Kozak, Mark fmailto:mkozakrmcity.kodlak ek.usl Sent: Friday, February 05, 2016 3:46 PM To: Bob Pederson; Jack Maker cc: Knlaziowski, Aimee; Tvenge, Mike; Heiberg, Hap; Melvin, Glenn Subject: Utility Information about system Capacity Good aftemoon Bob, Here is the basic information you asked about public water and sewer and capacity in the system for further expansion. The Wastewater Treatment Plant (W WTP) does have additional capacity with some caveats that need to be understood. The plant itself can handle additional flow during average or normal flow. The collection system has significant issues during storm events that actually limit the amount of additional wastewater Utat can be added to the system. The wastewater collection system has been divided up in too many drainage basins in order to understand flow patterns and locations that are most impacted by significant wet weather events. The average flaw at the W WTP during dry weather is 1.2 Million Gallons per Day (MGD). The average daily flow on an annual bases is 1.8 MGD. The all time peak flow during an extreme storm event was 7.2 MGD. The AICPDES permit is 6.2 MGD. The larger rain events really impact the wastewater collections system. This is caused by many different circumstances and is typically called Infiltration and Inflow (I&I). Inflow is when surface water has a way to directly flow into the sewer collection system. Many things fall into this category ranging from broken service cleanouts that are in drainage ditches to manholes that go under flooded streams. We know a huge impact is sump pumps under homes and businesses that have drainage problems under the building. These pumps are hooked into the sewer service under buildings and contribute significant amounts of storm water to the collection system. This issues alone is something we intend to address because of the overall negative impact it causes to the wastewater collection system. When discussing increasing density in existing residential areas the sewer collection system will be the limiting factor from a water and sewer perspective. The system has not been evaluated by a study to determine exact capacity but we are aware of areas within the system that do not have room for any large increases in usage. For example when the development of areas like Selief Lane were undertaken things were sized to accept the Page 80 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. planned development at the time. The system down stream all the way to the treatment plant is now at full capacity so additional flow into the collection basin would need to be carefully evaluated. The area that contributes to the Mill Bay Beach lift station is a huge amount of the service district collection system. This system has very limited ability to accept additional growth without capacity upgrades to the system. When the Kodiak Island Borough developed this entire section in the 1980's I would assume the capacity was planned for the anticipated development at the time (lot size and number). Changing population significantly would require utility upgrading to be able to handle increased growth. The water system is a little different than the challenges of the sewer collection and treatment system. The water treatment system has additional treatment capacity above what our peak water flows are. With changes in the fisheries and processing we now see a lower peak than we did ten years ago. Within the existing distribution system increasing residential development should not be an issue. Any future expansion of the system would lake some engineering evaluation to make sure fire flows can be met. Water Treatment regulation would also impact future expansions and how development can take place. It is really important to remind people the information is not based an any particular studies but from our experience with the operational challenges we know exist. However significant changes to increase population density and demand on the system most likely would need to be looked at very carefully. I do not have a lot of the details (before my time in this position) but years ago they had to limit expansion out in the service district area do to the W WTP capacity. The W WTP was upgraded and capacity was increased. The size of the collection system could be a major factor in the ability of increasing population density in multiple locations within the community because of system size. I will drop off the large area map you provided me with the collection area that contributes to the Mill Bay Beach lift station. We do know that station and pressure main from that station to the W WTP has limited additional capacity available. An example of this would be the ball field area by Woody Way Loop. Any future development of the area would have to evaluated, because it currently would impact Mill Bay Beach lift station. I would like to extend an invitation to meet with yourself and anyone else from the Borough departments to discuss the information above in more derail. After talking with Aimee and Mike we feel this could be really beneficial to all of us. Let me know if you think this would be a good idea to meet and we can set something up to fit schedules. Thank you, Mark Mark Kozak Public Works Director 3410 Mill Bay Road Kodiak, AK 99615 W;907-486-8060 F;907486-8066 mkozak (arc ity. k od i ak. ak. us Page 61 of izi Accessory Dwelling Units AGENDA ITEM #2.B. Marlar, Debra Subject: FW: Proposed ADU Changes From: Mullion, ]kn_—_-- Sent: Wednesday, February 10, 2016 3:16 PM To: 'Bob Pederson' Cc: Jack Maker, Sara Mason; Knlazlowski, Aimee Subject: RE: Proposed ADU Changes Bob, Next time I'm up I'll stop by. Approved access walkway: 1. Access walkways: a. Must be o minimum of five feet in width b. Provide to all required egress doors from a building and the area beneath each rescue window c. Legal stairs and landings were necessary. d. Around the perimeter of the building allowing reasonable access to the structure to facilitate control ora fire through any other available openings. e. Shall consist of a surface that lends itself to safe use during building evacuation, firefighting, and rescue efforts. (i.e.: D -I, paving stones, cement, black top, etc.) 1 feel this list is a reasonable request needed to facilitate safe and efficient access to a residential structure in time of emergency. Please let me know your thoughts. Thanks, Tim Mullican Fire Chief City of Kodiak Fire Dept. Serving the Cluitins or Kodiak for 75 years. 219 Lower MITI Bay ad. Kodiak, AK 99615 PhN 907486.8000 Fax 907.466,8048 Messages to and from this e -mall address may be available to the public under Kodiak City Code provisions and Alaska State Statutes. From: Bob Pederson [meilto:bcederson�a kodlakak.usl Sent: Wednesday, February 10, 2016 1:43 PM To: Mulllan, Jim Cc: lack Maker; Sara Mason Subject: RE: Proposed ADU Changes 1 Page 82 of 121 Accessory Dwelling Units AGENDA ITEM #2.6. Good afternoon Jim: The draft code requires full compliance with the building and fire codes. ADUs have been very successful in communities all across the country. I have not heard from any communities with ADUs that compliance with fire or building codes has not been possible. As is the case with all other permits and land uses, compliance is verified through the building permit process. Concerning your comment about Sec. 504.1, what constitutes an "approved access walkway"? Please feel free to stop by If you would like to discuss further. Thank you, Robert H. Pederson, AICP Community Development Director From: MullIcan, Jim rmalko:imullicanOcitv.kodlak ak.usl Sent: Wednesday, February 10, 2016 1:34 PM To: Bob Pederson Subject: Proposed ADU Changes Good Afternoon Bob, After reviewing the proposed changes to the Borough Code concerning ADU's 1 have some concerns that do not seem to be addressed per the adopted 2009 International Fire Code: 1. Sec 503.1.1—Approved fire apparatus access roads shall be provided for every facility, building or portion of a building constructed or moved Into or within the Jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.. 2. Sec 504.1- Exterior doors and openings required by this code or the IRC shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from the apparatus access roads to exterior openings shall be provided when required by the fire code official. I will require said access. 3. Sec 505.1 Address Identification —These numbers shall contrast with their background...._ Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to Identify the structure. Potential "hidden" residence will create a significant safely Issue. How will the Fire Department know there is a secondary residence on the property? Some homes basically have a zero lot line an the street side but also have enough room per this code change to build a ADU behind making it almost Impossible to access. Thank You, Page 83 of 121 Accessory Dwelling Units AGENDA ITEM #2.B. Tim Mullican Fire Chief City of Kodiak Fire Dept. Serving the Citizens of Kodiak for 75 years. 219 Lower MITI Bay Rd. Kodak, AK 99615 P1,9907-0868040 Fax907-466.0040 Messages to and from this e-mail address may he available to the public under Kodiak City Code provisions and Alaska State Statutes. Page 84 of 121 Accessory Dwelling Units AGENDA ITEM #2.8. Page 85 of 121 Accessory Dwelling Units AGENDA ITEM #2.C. From: &ancon. Pat To: Jerml Friend Personal: Marlar. Debra: Knianomki. Aimee: Nova Javier. lam Lenora: dan.rohrerakibasmmbly.om; John Whiddon Subject: Re: Just Remind Date: Friday, February 26, 2016 1:47:15 PM I think this issue needs to be put on the March 16 joint work session as the City keeps hearing Mr. Crow's concerns about changes of the Emergency Management at assembly public meetings but no discussion is happening with the City. Pat Sent from my iPad On Feb 26, 2016, at 12:48 PM, Branson, Pat <pbmnsongcily.kodiak.ak.us> wrote: Jerrol I wanted you to know about this I Am call Mr. Valley about the city not being involved with this discussion about this. Pretty frustrating. Pat Sent from my iPad Begin forwarded message: From: "Kniaziowski, Aimee"<akniaziowskiQcity.kodiak.ak.us> Date: February 26, 2016 at 12:16:34 PM AKST To: Pat Branson <scokinc(gpakmd>, "Branson, Pat" <pbranson citv.kodTak.ak.us> Subject: Just Received Pat Just got this. I'll call DHS back but want you to know Mr. Crow is speaking to state as one person. Perhaps Mayor Friend should know. Received call from Paul Valley from DHS, he has received a request from Kyle Crow about the Borough taking over EM from the city. Mr Valley would like input from the city on how to respond to this request. His number is 907 428 7030. Sent from Aimee Kniaziowski's iPhone Emergency Management Page 86 of 121 AGENDA ITEM #2.C. Kodiak Island Borough Code Chapter 2.110 EMERGENCY SERVICES Chapter 2.110 EMERGENCY SERVICES Sections: 2.110.010 Purposes. 2.110.020 Definitions. 2.110.030 Emergency services council. 2.110.040 Emergency services director. 2.110.050 Emergency services coordinator. 2.110.060 Expenditures. 2.110.070 Violations. • Editor's tote: Ord. FY2015-07 reestablishes the emergency services council effective midnight December 31, 2014. 2.110.010 Purposes. The declared purposes of this chapter are to provide for the preparation and implementation of piens for emergency services for persons and property within the city of Kodiak and the Kodiak Island Borough in the event of a disaster and to provide an organization for the coordination of emergency services functions with all public agencies, affected private persons, corponations, and organizations. [Ord. FY2006-04 §2,2005; Ord. 2002-15 §2,2002; Ord. 99.09 §2, 1999; Ord. 96-16 §2, 1996; Ord. 93-61 §2, 1993; Ord. 85-26-0 § I, 1985; Ord. 83-68-0 §2, 1983. Formerly §2.41.0101. 2.110.020 Definitions. For the purposes of this chapter, the following definitions shall apply: "Assembly" means the elected body of representatives known as the Kodiak Island Borough assembly. "Borough" means the Kodiak Island Borough and its geographic area. "Borough manager" means the person appointed by the Kodiak Island Borough assembly to the administrative position of borough manager. "Borough mayor" or "the person designated as acting mayor' means the person elected to the position of mayor of the Kodiak Island Borough. "City" means the city of Kodiak and its geographic area. "City council" means that elected body of representatives known as the city of Kodiak city council. "City manager" means the person appointed by the city of Kodiak city council to the administrative position of city manager. "City mayor" or "the person designated as acting mayor" means the person elected to the position of mayor of the city of Kodiak "Council" means the emergency services council. "Director" means the emergency services director who shall be the city of Kodiak city manager or the designated successor to the emergency services director who shall serve as the chairperson for the emergency services council and shall exercise the powers and responsibilities outlined in KIBC 2.110.040. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, Flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar public calamity. The Kodiak Island Borough Code is current through Ordinance FY2016-06, passed September 17, 2015. Page 87 of 121 Emergency Management Kodiak Island Borough Code Chapter 2.110 EMERGENCY SERVICES AGENDA ITEM #2.C. Page 2/5 "Emergency operations plan" means the Kodiak emergency operations plan, which is the regional emergency preparedness and response plan adopted by the emergency services council to guide emergency preparedness, mitigation, response, and recovery in the city of Kodiak and the Kodiak Island Borough. "Emergency services" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are responsible, to prevent, minimize, and repair injury and damage resulting from disasters. "Emergency services coordinator" means the person who serves as chairperson of the emergency services organization and the local emergency planning committee, exercises the powers and responsibilities outlined in KIBC 2.110.050, and who shall be the city of Kodiak fire chief. "Emergency services council" means that group of people empowered to develop disaster emergency response policies and to exercise the authorities enumerated in KIBC 2.110.030. "Emergency services organization" means those officers and employees of the city and the borough, together with officers and employees of other local, state, and federal government agencies and volunteers from public and private organizations who participate in emergency planning and preparedness exercises, meetings, and activities in the Kodiak Island Borough and the city of Kodiak "Incident" means an occurrence or event, either human -caused or natural phenomena, that requires action by emergency services personnel to prevent or minimize loss of life or damage to property and/or natural resources. 'Incident command system (ICS)" means a system which provides incident management through the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure to effectively accomplish stated objectives pertaining to an incident "Incident management team" means the Kodiak incident management team, which is that group of local government officers and employees, emergency response personnel, state and federal agency representatives and all other persons organized under an incident command system to achieve stated incident objectives utilizing the incident command system management functions to respond to incidents in the city and borough. "Local emergency planning committee" means the group established in compliance with Title III of the Superfund Amendments and Reauthorization Act of 1986 (the Emergency Planning and Community Right -to -Know Act) that serves the functions outlined in the federal act and in KIBC 2.110.060. [Ord. 2000-13 §2, 2000; Ord. 98-02 §8, 1998; Ord. 89-25-0 §2, 1989; Ord. 85-31-0 §l, 1985; Ord. 85-26-0 §I, 1985; Ord. 84-61.0 §8, 1984; Ord - 83 -68-0 §2, 1983. Formerly §2.41.020]. 2.110.030 Emergency services council. A. Membership. The emergency services council is created and shall consist of the city mayor and manager, the borough mayor and manager, the commanding officer of the United States Coast Guard Integrated Support Command Kodiak, the commanding officer of the United States Coast Guard Air Station Kodiak, and the post supervisor of the Alaska State Troopers "C" detachment post in Kodiak, or their designees. B. Officers. The emergency services director shall serve as chairperson of the emergency services council and the council shall select a vice -chair from its membership. C. Powers. The emergency services council shall have the following powers: 1. To proclaim the existence of a local disaster upon the recommendation of the emergency services director, 2. To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services; 3. To approve emergency service response plans including the Kodiak Emergency Operations Plan and annexes, and any significant revisions thereto; and The Kodiak Island Borough Code is current through Ordinance FY2016-06, passed September 17, 2015. Page 88 of 121 Emergency Management Kodiak Island Borough Code Chapter 2.110 EMERGENCY SERVICES AGENDA ITEM #2.C. Page 315 4. To issue policy guidance to the incident commander and/or unified command during an emergency response incident where the Kodiak incident management team is activated. D. Duties. It shall be the duty of the council to review and recommend, for adoption by the city council and the assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements. E. Meetings. The council shall meet upon call of the chair or, in his absence, upon the call of the vice -chair. F. Bylaws. The council shall adopt bylaws for the conduct of its meetings. [Ord. 2000-13 §2, 2000; Ord. 98-02 §8, 1998; Ord. 89-25-0 §3, 1989; Ord. 85-26-0 §l, 1985; Ord. 84-61-0 §9,1984; Ord. 83-68.0 §2, 1983. Formerly §2.41.030]. 2.110.040 Emergency services director. A. There is created the office of the emergency services director. The emergency services director shall be the city of Kodiak manager. The director is empowered: 1. To request the emergency services council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the council can be readily convened, or to issue such proclamation, if the council cannot be readily convened, subject to confirmation by the council at the earliest practicable time; 2. To request the governor to proclaim a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster, 3. To serve as the designated chairperson of the emergency services council with the PoII authority to convene the council at the director's discretion and to represent the council in all dealings with public or private agencies pertaining to emergency services and disaster planning and response; 4. To facilitate coordination and cooperation between divisions, services, and staff of Kodiak incident management team, and to resolve questions of authority and responsibility that may arise between them; 5. To represent the emergency services council in all dealings with public or private agencies pertaining to emergency services and disaster; 6. To serve as incident commander or local on -scene coordinator in the Kodiak incident management team when the size, scale, or severity of an incident is such that other qualified incident command personnel are not available or appropriate to fill the IC/LOSC position; 7. To organize and maintain an operational disaster emergency services response capability, including the scheduling of drills and exercises in accordance with local emergency preparedness plans and policies; and 8. To serve as incident commander in the Kodiak incident management team, or the local on -scene coordinator in the unified command, when the size, scale, or severity of an incident is such that other qualified incident command personnel are not available or appropriate to fill the IC/LOSC position. B. In the event of the proclamation of a disaster as herein provided, or the proclamation of a stale of extreme emergency by the governor or the state director of emergency preparedness, the director is empowered: 1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster, provided however, such rules and regulations must be confirmed at the earliest practicable time by the emergency services council; 2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city and borough for the fair value thereof and, if required immediately, to commandeer such privately owned material as may be needed for public use; 3. To require emergency service of any city or borough officer or employee and, in the event of the proclamation of a state of extreme emergency by the governor, to command the aid of as many citizens as he The Kodiak Island Borough Code is current through Ordinance FY2016-06, passed September 17, 2015. Page 89 of 121 Emergency Management AGENDA ITEM #2.C. Kodiak Island Borough Code Page 415 Chapter 2.110 EMERGENCY SERVICES thinks necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency services volunteers; 4. To requisition necessary personnel or material of any city or borough department or agency; and 5. To execute all ofhis ordinary powers as emergency services director; all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto; all powers conferred upon him by any statute, agreement approved by the city council or assembly, or by any other lawful authority; to exercise all police power vested in the city and borough by the Constitution and general laws. C. In the event that the emergency services director is unavailable or unable to function in the capacity described above, all powers and authorities described herein are transferred to the emergency services coordinator. [Ord. 2000-13 §2, 2000; Ord. 85-26-0 §I, 1985; Ord. 83-68-0 §2, 1983. Formerly §2.41.040]. 2.110.050 Emergency services coordinator. A. There is created the office of the emergency services coordinator. The emergency services coordinator shall be the city of Kodiak fire chief and shall act as administrator of the emergency services organization and local emergency planning committee. The coordinator has the following responsibilities: 1. To organize and lead quarterly emergency services organization/local emergency planning committee meetings, to call for additional meetings as needed or directed by the emergency services director, and to maintain all historical records associated with the ESO/LEPC; 2. To ensure that all drills and exercises are performed as specified in the Kodiak emergency operations plan or as directed by the emergency services director; and 3. To coordinate and oversee periodic emergency preparedness training for Kodiak incident management team personnel, including ICS training. B. The coordinator is hereby empowered: 1. To control and direct the efforts ofthe emergency services organization for the accomplishment of the purposes of emergency services and disaster preparedness; 2. To represent the emergency services organization/local emergency planning committee in all dealings with public or private agencies pertaining to emergency services and disaster; 3. To organize disaster emergency services response drills and exercises in cooperation with the emergency services director and in accordance with the requirements identified in the Kodiak emergency operations plan, and to maintain accurate records of all such drills and exercises; and 4. To fill the position of incident commander, with all requisite duties and responsibilities, in the Kodiak incident management team, or to serve as deputy incident commander when the director assumes the position of incident commander. C. The coordinator is the designated successor to the emergency services director and shall assume all authorities, powers, and responsibilities granted to the director in KIBC 2.110.040 if the director is unavailable or unable to Fulfill these responsibilities during a disaster emergency. [Ord. 2000-13 §2, 2000. Formerly §2.41.0501. 2.110.060 Expenditures. Cities am responsible for authorized emergency services expenses incurred within their jurisdiction and the Kodiak Island Borough is responsible for authorized emergency services expenses incurred outside of city jurisdiction unless otherwise provided for by each governing body. [Ord. 2000-13 §2, 2000; Ord. 85-26-0 §l, 1985; Ord. 83-68-0 §2, 1983. Formerly §2.41.1160]. 2.110.070 Violations. It is a misdemeanor for any person during a disaster to: The Kodiak Island Borough Code is current through Ordinance FYl016-06, passed September 17, 2015. Page 90 of 121 Emergency Management Kodiak Island Borough Code Chapter 2.110 EMERGENCY SERVICES AGENDA ITEM #2.C. Page 515 A. Willfully obstruct, hinder, or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter, B. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, imperil the lives or property of inhabitants of the city or borough, or to prevent, hinder, or delay the defense or protection thereof,and C. To wear, carry, or display without authority any means of identification specified by the Emergency Services Agency of the stale. [Ord. 2000-13 §I, 2000; Ord. 85-26-0 §I, 1985; Ord. 83-68-0 §2, 1983. Formerly §2.41.070]. The Kodiak Island Borough Code is current through Ordinance FY2016-06, passed September 17, 2015. Page 91 of 121 Emergency Management AGENDA ITEM #2.D. CITY OF KODIAK RESOLUTION NUMBER 2012-30 A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH SUPPORTING THE OVERALL APPROACH TO FISHERY ISSUES BY THE KODIAK FISHERIES WORKGROUP WHEREAS, the economy and well-being of residents of the City of Kodiak and the Kodiak Island Borough depend upon commercial, recreational, and subsistence fisheries; and WHEREAS, revenues to the municipal governments are derived directly and indirectly from activities of the fishing industry and related businesses; and WHEREAS, the City of Kodiak and the Kodiak Island Borough wish to assure the growth and sustainability of the region's fisheries; and WHEREAS, the City of Kodiak and the Kodiak Island Borough have begun a program to become directly involved in the public fishery policy decision-making processes of state and federal governments; and WHEREAS, fishery management, regulation, and policy decisions are often complex and controversial and often affect various user groups in different fashions; and WHEREAS, the City of Kodiak and the Kodiak Island Borough do not wish to unduly favor any user group over another. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Kodiak and the Assembly of the Kodiak Island Borough to support and adopt the following statement of the Kodiak Fisheries Workgroup's overall approach for consideration of fishery management issues of interest and concern to the Kodiak region: Overall Approach: I. Focus on overall impacts to the community and maintenance and growth of revenue streams. 2. Understand how various approaches will fundamentally impact fisheries and resources. 3. Frame benchmarks and objectives as positive statements. 4. Refrain from taking positions on allocative questions (to the extent possible, while understanding that many issues and decision will have allocative implications). 5. Focus on broad -scale program features (i.e., keep a 30,000 ft. viewpoint), unless specific program elements threaten the goals for management programs as referenced within Resolution No. 2012-31 of the City of Kodiak. Resolution No. 2012-30 Page I of 13 Page 92 of 121 Kodiak Fisheries Work Group Update AGENDA ITEM #2.D. CITY OF KODIAK MAYOR ATTEST: CITY CLERK Adopted: September 27, 2012 � s Resolution No. 2012-30 Page 2 of 2 14 Page 93 of 121 Kodiak Fisheries Work Group Update 1 2 3 4 5 6 7 B 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #2.D. Introducad by: Borough Assembly Requested by: Kodiak Fisheries Workgmup Caged by: Borough Clod; Introduced on: 09!2012012 Adapted on: 0912012012 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2013.09 A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE CITY OF KODIAK COUNCIL SUPPORTING THE OVERALL APPROACH TO FISHERY ISSUES BY THE KODIAK FISHERIES WORKGROUP WHEREAS, the economy and well-being of residents of the Kodiak Island Borough and the City of Kodiak depend upon commercial, recreational, and subsistence fisheries; and WHEREAS, revenues to the municipal governments are derived directly and indirectly from activities of the fishing industry and related businesses; and WHEREAS, the Kodiak Island Borough and the City of Kodiak wish to assure the growth and sustainability of the region's fisheries; and WHEREAS, and the Kodiak Island Borough and the City of Kodiak have begun a program to become directly Involved in the public fishery policy decision-making processes of state and federal govemments; and WHEREAS, fishery management, regulation, and policy decisions are often complex and controversial and often affect various user groups in different fashions; and WHEREAS, the Kodiak Island Borough and the City of Kodiak do not wish to unduly favor any user group over another. NOW, THEREFORE BE IT JOINTLY RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY AND THE CITY OF KODIAK COUNCIL to support and adopt the following statement of the Kodiak Fisheries Workgroup's overall approach for consideration of fishery management issues of Interest and d concern to the Kodiak region: Overall Approach: 1. Focus on overall Impacts to the community and maintenance and growth of revenue streams. 2. Understand how various approaches will fundamentally Impact Fisheries and resources. 3. Frame benchmarks and objectives as positive statements. 4. Refrain from taking positions on allocative questions (to the extent possible, while understanding that many issues and decision will have allocative implications). Kodiak Island Borough 15 Kodiak Fisheries Work Group Update Resolution No. FY2013-09 Page 1 of 2 Page 94 of 121 45 46 47 48 49 50 51 52 53 S4 55 56 57 58 59 60 AGENDA ITEM #2.D. 5. Focus on broad -scale program features (i.e., keep a 30,000 ft. viewpoint), unless specific program elements threaten the goals for management programs as referenced within Resolution No. FY2013-10 of the Kodiak Island Borough. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF SEPTEMBER, 2012 KODIAK ISLAND BOROUGH ATTEST: Jero o M. Selby, Boroug aygl Vvv _ No a . Javier, MM , Borough Clerk Kodiak Island Borough W Kodiak Fisheries Work Group Update Resolution No. FY2013-09 Page 2 of 2 Page 95 of 121 AGENDA ITEM #2.D. CITY OF KODIAK RESOLUTION NUMBER 2013-17 A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK AND THE KODIAK ISLAND BOROUGH DOCUMENTING THE KODIAK FISHERIES WORK GROUP'S SCOPE AND AUTHORITY WHEREAS, it is in Kodiak's best interests for its City and Borough governments to be well informed regarding the potential impacts of state and federal fishery management actions on the Kodiak community; and WHEREAS, the Kodiak City Council and the Kodiak Island Borough Assembly have determined that a Kodiak Fisheries Work Group can provide valuable assistance to the City Council and Borough Assembly by identifying fishery management actions that could affect Kodiak. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, that this resolution hereby creates the Kodiak Fisheries Work Group. BE IT FURTHER RESOLVED THAT: 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of three representatives from the Kodiak City Council and three representatives from the Kodiak Is- land Borough. 2. Organization. The work group shall designate two co-chairs at the first meeting of the calendar year and shall hold at least one meeting monthly. The co-chairs shall alternate pre- siding at the meetings. The city manager, borough manager, and the fisheries analyst shall serve as ex -officio, non-voting members of the work group. 3. Purpose, Scope, and Authority. a. Focus on overall impacts to the community and maintenance and growth of revenue streams. b. Understand how various approaches will fundamentally impact fisheries and resources. c. Frame benchmarks and objectives as positive statements. d. Refrain from taking positions on allocation questions to the extent possible while under- standing that many issues and decisions will have allocation implications. e. Focus on broad -scale program features unless specific program elements threaten the goals for management programs as referenced within Resolution No. 2012-31 of the City of Kodiak. f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant writ- ten quarterly reports including background materials and analysis for fisheries issues of importance to the community pursuant to the contractual report schedule. Resolution No. 2013-17 Page 1 of 2 17 Page 96 of 121 Kodiak Fisheries Work Group Update AGENDA ITEM #2.D. 4. Administrative assistance. The City and Borough Clerk's office staff shall: a. Furnish the work group with copies of all requested documents and other information necessary or reasonably related to the work group's functions; b. Provide the work group with supplies, meeting space, and secretarial assistance; c. Refer to the work group, for their discussion, all nonemergency, matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and d. Transmit all recommendations and other communications from the work group to the Council and Assembly. 5. Consensus. The affirmative votes of four (4) work group members shall be required to build consensus of the work group. Consensus shall be given at a public meeting of the work group. 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. No business may be transacted nor any measure be considered that is not on the agenda. The clerk shall prepare an agenda and it shall be distributed to work group members, along with the meeting packet, one week prior to the regular meeting. 7. Meeting Notes/Summary. Bulleted notes shall be taken and shall be filed as a part of the meeting packet. Reporting. Work group members who are unable to attend a meeting shall advise the staff clerk of the contemplated absence to maximize attendance and participation of members at these meetings. ATTEST: CITY CLERK CITY OFKODIAK �L_ 1 MAYOR Adopted: June 27, 2013 Resolution No. 2013-17 Page 2 ort 18 Page 97 of 121 Kodiak Fisheries Work Group Update 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Introduced by: Requested by: Drafted by Introduced on: Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2013-32 AGENDA ITEM #2.D. Kodiak Fisheries Work Group Borough AsserneylCity Council Kodiak Fisheries Work Group 06/062013 061002013 A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND KODIAK CITY COUNCIL DOCUMENTING THE KODIAK FISHERIES WORK GROUP'S SCOPE AND AUTHORITY WHEREAS, it is in Kodiak's best interests for its Borough and City governments to be well informed regarding the potential impacts of State and Federal fishery management actions on the Kodiak community; and WHEREAS, the Kodiak Island Borough Assembly and the City Council have determined that a Kodiak Fisheries Work Group can provide valuable assistance to the Borough Assembly and City Council by identifying fishery management actions that could affect Kodiak; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT this resolution hereby creates the Kodiak Fisheries Work Group; and BE IT FURTHER RESOLVED THAT: 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of three representatives from the Kodiak Island Borough and three representatives from the Kodiak City Council. 2. Organization. The work group shall designate two co-chairs at the first meeting of the calendar year and shall hold at least one meeting monthly. The co-chairs shall alternate presiding the meetings. The borough manager, city manager, and the fisheries analyst shall serve as ex -officio, non-voting members of the work group. 3. Purpose, Scope, and Authority. a. Focus on overall impacts to the community and maintenance and growth of revenue streams. b. Understand how various approaches will fundamentally impact fisheries and 41 resources. 42 c. Frame benchmarks and objectives as positive statements. 43 d. Refrain from taking positions on allocation questions to the extent possible while 44 understanding that many issues and decisions will have allocation implications. 45 e. Focus on broad -scale program features unless specific program elements threaten 46 the goals for management programs as referenced within Resolution No. 2012-31 47 of the City of Kodiak. 46 f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant 49 written quarterly reports including background materials and analysis for fisheries 50 issues of importance to the community pursuant to the contractual report schedule. Kodiak Island Borough/City of Kodiak, Alaska Resolution No. FY2013-32 19 Page 1 of 2 Page 98 of 121 Kodiak Fisheries Work Group Update AGENDA ITEM #2.D. 51 4. Administrative assistance. The Borough and City Clerk's office staff shall: 52 a. Furnish the work group with copies of all requested documents and other 53 information necessary or reasonably related to the work group's functions; 54 b. Provide the work group with such supplies, meeting space, and secretarial 55 assistance; 56 c. Refer to the work group, for their discussion, all nonemergency matters within the 57 scope of its powers and duties prior to presenting those matters to the assembly for 58 action; and 59 d. Transmit all recommendations and other communications from the work group to 60 the Assembly and Council. 61 62 5. Consensus. The affirmative votes of four (4) work group members shall be required to 63 build consensus of the work group. Consensus shall be given at a public meeting of the 64 work group. 65 66 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. 67 No business may be transacted nor is any measure considered that is not on the 68 agenda. The clerk shall prepare an agenda and It shall be distributed to work group 69 members, along with the meeting packet, one week prior to the regular meeting. 70 71 7. Meeting Notes/Summary. Bulleted notes shall be taken and shall be filed as a part of 72 the meeting packet. 73 74 B. Reporting. Work group members who are unable to attend a meeting shall advise the 75 staff clerk of the contemplated absence to maximize attendance and participation of 76 members at these meetings. 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF JUNE, 2013 ATTEST: / n Nova M. Javier, MMC, Bo ugh Clerk Kodiak Island Borough/City of Kodiak, Alaska 20 Kodiak Fisheries Work Group Update KODIAK ISLAND BOROUGH 4Jame M. Selby, Borough May r Resolution No. FY2013-32 Page 2 of 2 Page 99 of 121 AGENDA ITEM #2.E. Introduced by: Manager Gifford Requested by Assembly/City Council crafted by: City of Kodiak Introduced: June 7, 2007 Adopted: June 7, 2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007-38 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESCINDING RESOLUTION FY2006-27 AND ESTABLISHING A JOINT KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Kodiak is a fishing community, and Kodiak's economic health and social welfare depend on the sustained ability of its residents to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea; and WHEREAS, State and Federal fishery management actions determine whether the marine resources of the Gulf of Alaska and the Bering Sea are managed for sustained yield; and WHEREAS, State and Federal fishery management actions can determine the extent to which Kodiak's residents have the ability to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea, can alter the economic and social relationships among Kodiak's harvesters, processors and fishery support businesses, and can affect the overall economic health and social welfare of the Kodiak community at large; and WHEREAS, it is in Kodiak's best interests for its Borough and City governments to be well informed regarding the potential impacts of State and Federal fishery management actions on the Kodiak community and to have an opportunity to effectively comment on such actions before they are taken; and WHEREAS, it is in Kodiak's best interests to facilitate consensus among Kodiak's harvesters, processors, businesses and citizens -at -large concerning potential fishery management actions, both to promote harmony in the community and to enhance Kodiak's ability to influence State and Federal fishery policy makers and managers; and WHEREAS, the Kodiak Island Borough and Kodiak City Council have determined that a properly constituted fisheries advisory Committee can provide valuable assistance to the Borough Assembly and City Council by identifying fishery management actions that could affect Kodiak and by preparing community position statements regarding such fishery management actions for the Borough Assembly and City Council's consideration; and WHEREAS, the Kodiak Island Borough Assembly and the Kodiak City Council have determined that a properly constituted fisheries advisory committee could serve as a forum for building consensus within the Kodiak community regarding fishery management actions; NOW, THEREFORE, BE IT RESOLVED, THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH urge that Resolution FY2006-27 be rescinded, and the "Kodiak Fisheries Advisory Committee" is hereby created to take the place of the "Gulf Grounditsh Rationalization Task Force"; and BE IT FURTHER RESOLVED THAT: (1) The purposes of the Kodiak Fisheries Advisory Committee shall be to provide recommendations, when appropriate, to the Kodiak Island Borough Assembly and the Kodiak City Council regarding a Kodiak position on fisheries issues, and to provide a forum for interested parties to discuss, and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents. Kodiak Island Borough, Alaska Resolution No. FY2007-38 Page 1 of 3 Page 100 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. (2) The Kodiak Fisheries Advisory Committee shall be composed of individuals representing the following Kodiak community interest groups as follows: Interest Group: Large Pot Vessels Large Trawl Vessels Large Longline Vessels Jig Vessels Crewmembers Large Processors ADF&G Advisory Committee Business Community (non fishing related) Conservation Community Small Pot Vessels Small Trawl Vessels Small Longline Vessels Salmon/Herring Net Vessels Kodiak Rural Communities Small Processors Lodge/Charter Boat Operators Citizen -At -Large (3) The term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years, provided that appointees' terms shall extend until their replacements are named and accept their appointment, and further provided that the Borough Assembly and City Council may modify the term of any or all Committee appointments at any time, the City Council and Borough Assemble may remove any member at any time, or may disband the entire Fisheries Advisory Committee at any time, as the City Council and Borough Assembly deem appropriate in their sole discretion. (4) Appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions from time to time, which the Borough Assembly and City Council may accept or reject in their sole discretion. (5) Appointment to the Kodiak Fisheries Advisory Committee is conditioned on appointees acknowledging and agreeing that their service on the Committee is voluntary and without compensation. (6) Representatives of the City of Kodiak and the Kodiak Island Borough and Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries shall be ex officio, non-voting members of the Kodiak Fisheries Advisory Committee. However, ex -officio members may also serve as a voting representative of a designated interest group. (7) Kodiak Fisheries Advisory Committee members shall have the authority to designate an alternate prior to a meeting if the member cannot attend. (6) The Kodiak Fisheries Advisory Committee shall have the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JUNE 2007 KODIAK ISLAND BOROUGH J e M. Selby, 1422u h Ma or ATTEST' Am Nova M. Javier, CMC4Boro Clerk Kodiak Island Borough, Alaska Resolution No. FY2007.38 Page 2 of 2 Page 101 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. Introduced by: Manager Gifford Requested by: Assernbly Drafted by: City Manager Introduced: 07105/2007 Adopted: 07/05/2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-03 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING MEMBERS TO THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007-38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for Interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex -officio non-voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008.03 Page 1 of 2 Page 102 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels Jim Hamilton Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman Mullan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon/Herring Net Vessels Kodiak Rural Communities Small Processors David Woodruff Lodge Charter Boat Operators Citizen at Large Alan Austerman ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF JULY, 2007 ATTEST: Nova M. Javier, CMC,18brough Clerk Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH J rome M. Selby, Borou h a or Resolution No. FY20oa-03 Page 2 of 2 Page 103 of 121 AGENDA ITEM #2.E. Introduced by: Manager Gifford Requested by: Assembly Drafted by: City Manager Introduced: 07/1911007 Adopted:. 07/19/2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-03A A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2008-03 TO APPOINT AN ADDITIONAL MEMBER TO THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007-38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex -officio non-voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community Interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008-03A Page 1 of 2 Page 104 of 121 Kodiak Fisheries Advisory Committee FAL14,1101- tib 5O" Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels Jim Hamilton Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman Mullan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon/Herring Net Vessels Hunter Berns Kodiak Rural Communities Small Processors David Woodruff Lodge Charter Boat Operators Citizen at Large Alan Austerman ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS NINETEENTH DAY OF JULY, 2007 Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH Je me M. Selby, Borough M yor Resolution No. FY2008-03A Page 2 of 2 Page 105 of 121 AGENDA ITEM #2.E. Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 1220/2007 Adopted: 12202007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-03B A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2008-03 TO APPOINT AN ADDITIONAL MEMBER TO THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007-38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundrish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex -officio non-voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008-03B Page 1 of 2 Page 106 of 121 Kodiak Fisheries Advisory Committee F—,TeU.Tu_•WrTx,Ef�" Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels Jim Hamilton Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman Mullan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon/Herring Net Vessels Hunter Berns Kodiak Rural Communities Dan Clarion Small Processors David Woodruff Lodge Charter Boal Operators Citizen at Large Alan Austerman ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF DECEMBER, 2007 ATTEST: Nova M. Javier, CMC, orough Clerk Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH I Resolution No. FY2008-03B Page 2 of 2 Page 107 of 121 AGENDA ITEM #2.E. Introduced by: Manager Gifford Requested by: Assembly Crafted by: Borough Clerk Introduced: 02/212008 Adopted: 02212008 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-03C A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. FY2008-03 TO APPOINT TO THE LODGEICHARTER BOAT OPERATOR SEAT AND VACATE THE LARGE TRAWL VESSEL SEAT ON THE KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution Number FY2007-38 established a joint Kodiak Fisheries Advisory Committee to take the place of the joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Kodiak City Council and the Kodiak Island Borough Assembly regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years provided that appointees' terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the City Council and Borough Assembly may accept or reject at their sole discretion; and WHEREAS, representatives of the Kodiak Island Borough and City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel and the Alaska Board of Fisheries are ex -officio non-voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues and resolving other Committee organizational matters. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY that the Kodiak Fisheries Advisory Committee shall be composed of the following individuals representing the following Kodiak community interest groups. Kodiak Island Borough, Alaska Resolution No. FY2008-03B Page 1 of 2 Page 108 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. Interest Group Member Large Pot Vessels Jeffrey Stephan Large Trawl Vessels J7m+4am4ten Large Longline Vessels Chris Holland Jig Vessels Chuck Thompson Crewmembers Steve Branson Large Processors Julie Bonney ADFG Advisory Committee Oliver Holm Business Community (non fishing related) Rolan Ruoss Conservation Community Theresa Peterson Small Pot Vessels Norman Mullan Small Trawl Vessels Jay Stinson Small Longline Vessels Alexus Kwatchka Salmon/Herring Net Vessels Hunter Berns Kodiak Rural Communities Dan Clarion Small Processors David Woodruff Lodge Charter Boat Operators Jim Hamilton Citizen at Large Alan Austerman ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTYFIRST DAY OF FEBRUARY, 2008 ATTEST: �n 4K Nova M. Javier, CMC, Bor ugh Clerk Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH Jktome M. Selby, Borough M o Resolution No. FY2008-03C Page 2 of 2 Page 109 of 121 AGENDA ITEM #2.E. Introduced by: Assembly Requested by: Assembly Drafted by: Assembly Member Jetlrey Mayor Selby Introduced: 09/272007 Amended: 09/27/2007 Adopted: 09/27/2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-09 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY REQUESTING THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL TO EXTEND THE EIGHTEEN MONTH REVIEW FOR THE BERING SEA CRAB RATIONALIZATION PROGRAM WHEREAS, Kodiak has consistently ranked among the top three fishing ports in the nation for decades;and WHEREAS, the harvesting and processing sectors of the Kodiak fishing community are engaged in and dependent upon Bering Sea/Aleutian Islands (BSAI) crab fisheries; and WHEREAS, Kodiak's economic and social health is dependent upon the community's sustained participation in the BSAI crab fisheries; and WHEREAS, the Kodiak Island Borough has made substantial investments in support of and in reliance upon Alaska's fisheries, such as water system improvement and expansion and port and harbor improvements and expansion; and WHEREAS, the North Pacific Fishery Management Council adopted the BSAI Crab Rationalization Program and allocated exclusive harvesting and processing privileges; and WHEREAS, the BSAI crab fisheries have been managed under the BSAI Crab Rationalization Program for two crab fishing seasons, and has promoted consolidation in the fishing fleet and the processor sector, which resulted in skippers, crew members and processing workers bearing costs of consolidation without fully sharing in the related benefits; and WHEREAS, the BSAI Crab Rationalization Program changed the distribution of fishing revenues among participants with resulting disruptive effects on the economy of Kodiak and other communities; and WHEREAS, the BSAI Crab Rationalization Program has resulted in disruptions in the processing sector such as the sinking of the Stellar Sea that left harvesters linked to the Stellar Sea without a market; WHEREAS, other issues have surfaced that have not been addressed with proposed changes such as custom -processing, crew shares, mergers, and processor participation; and WHEREAS, the City of Kodiak and the Kodiak Island Borough joined together to appoint a Kodiak Fisheries Advisories Committee to provide a forum for the full, and frank exchange of information and opinions concerning changes in the management of the fisheries affecting Kodiak; and WHEREAS, this committee has not had adequate information on any proposed changes to the BSAI Crab Rationalization Program to have public discussions and develop solid input to the decision-making process; Kodiak Island Borough, Alaska Resolution No. FY2008-09 Page 1 of 2 Page 110 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the NPFMC continue the analysis of the issues surrounding the 90/10 processor share provision and extend the 18 -month review period for the Bering Sea Crab Rationalization Program. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT NPFMC is requested to initiate staff analysis on custom processing, crew shares, mergers, and processor participation beginning immediately for future council action. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTYSEVENTH DAY OF SEPTEMBER, 2007 ATTEST: Nova M. Javier, CMC, B rough Clerk Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH W O. Resolution No. FY2008-09 Page 2 of 2 Page 111 of 121 AGENDA ITEM #2.E. Introduced by: Assembly Requested by: KFAC Dratted by: KFAC Introduced: 1210620D7 Adopted: 12J0620D7 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-13 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY SUPPORTING THE KODIAK FISHERIES ADVISORY COMMITTEE'S CALL FOR THE IMPLEMENTATION OF DATA COLLECTION AND REPORTING FOR THE SEAFOOD HARVESTING LABOR SECTOR WHEREAS, commercial seafood harvesting is an important sector of the Alaskan economy and a major part of the economic base for Kodiak and Southwest Alaska; and WHEREAS, a large percentage of the labor force in commercial seafood harvesting is not represented in state or federal labor data; and WHEREAS, multiple agencies in the State of Alaska and the U.S. government are responsible for gathering, processing, and reporting data used to regulate and manage commercial seafood harvesting; and WHEREAS, incomplete, inaccurate, or incompatible information on the commercial seafood harvesting sector, across jurisdictions and agencies, hinders the efforts of government agencies, economic development organizations, and the private sector to understand, cooperate, and resolve issues impacting the sector, and WHEREAS, this lack of labor information hinders the ability of individual participants in the harvesting sector access and participate in state and federal programs available to other workers; and WHEREAS, this lack of labor information precludes timely intervention and response by individuals, the fishing industry, and government when the number and quality of seafood harvesting jobs are being adversely impacted; and WHEREAS, elected leaders, fishery policy makers, and fishery managers are asked to make key decisions and policies that impact the seafood harvesting sector absent information about the history and impacts those decisions and polices may have; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: 1. Fisheries organizations, fishers, regulators, managers, and other fisheries stakeholders throughout Alaska are urged to support the collection of seafood harvesting labor (crew) data; and 2. The Alaska Legislature is requested to provide adequate additional funding for the Department of Fish and Game (ADF&G) to conduct an objective analysis of the two preferred methods of the collection of seafood harvesting labor (crew) data being proposed by ADF&G and Southwest Alaska Municipal Conference (SWAMC) respectively; and Kodiak Island Borough, Alaska Resolution No. FY2008-13 Page 1 of 2 Page 112 of 121 Kodiak Fisheries Advisory Committee r_1WZ.ILRY-1TU tW"Ma 3. The Governor is urged to direct the Department of Law to identify issues of confidentiality that may prohibit the collection and distribution of such data and to provide statutory solutions that address the intent of a seafood harvesting labor (crew) data collection and reporting program; and 4. The Governor is further urged to direct the Fisheries Cabinet to work with SWAMC and other stakeholders to implement preferred improvements to seafood harvesting labor (crew) data collection and reporting. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF DECEMBER, 2007 ATTEST: L No a M. Javier, CM ,Borough Clerk Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH JeWne M. Selby, Borough - Resolution No. FY2008-13 Page 2 of 2 Page 113 of 121 AGENDA ITEM #2.E. Introduced by: Kodiak Fisheries Advisory Committee (KFAC) Requested by: Shawn Dochlennann Drafted by: Shawn Dochlemann/ KFAC Introduced: 11/29/2007 Failed 1129/2007 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008-19 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY TO THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL —SUP E BERING SEA CRAB CREMEN'S PROPOSAL, A MO TO ANALYZE AND INCLUDE THESE HISTORICAL RIGHTS IN 3 -YEAR RE PROC (AND CONSIDER DURING 18 -MONY W) WHEREAS, the Kodiak Fisheries Advisory Council 2007, with a significant portion of those meetings c and the Bering Sea Crewmembers Proposal- ftlw item and staff tasking for the purposes of mak6g' review of Crab Rationalization and beginning the sI assess historical rights for crewmen as v ssel open quota vessels that result in incomes thaj�fect Kodia WHEREAS, the Crewmen's F proposal to reallocate a portion form of a pool of shared but a working vessels; and WHEREAS, these bl negatively affected b those historical rights Fboth bodies to explain their omen (vessel operators) in the they may take with them onto ,'state, and regional economy have been Commerce, and Congress leaving behind vessel operators; and ffs and a reallocation of that fair and equitable share may lead to judicial review, and that such a lawsuit other communities; and ter Wcerns warrant the NPFh iss a before any litigation might nd related procedural and slatuic in would be to make a motion to and to agenda the Crewmen's Secretary of Commerce, ;cur - especially recognizing concerns - such that the pr sk Council staff for a respel rinD Sea Crab Proposal it WHEREAS, regardless of any consensus of the KFAC, the Borough believes it to be in the best interests of the State of Alaska coastal communities and specifically -the 'balanced' interests of Kodiak fishermen, processors, businesses and residents, for it to support such a motion; and WHEREAS, the leading component required for remedy is to deal with the Crewmen's Proposal; NOW, THEREFORE, BE IT RESOLVED THAT the Assembly of the Kodiak Island Borough asks the NPFMC Council members to introduce, second, and lend majority support to such Motion Kodiak Island Borough, Alaska Resolution No. FY2008-19 Page 1 of 2 Page 114 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. placing the Crewmen's Proposal on the federal Council's agenda and beginning thorough analysis at the earliest date possible; and BE IT FURTHER RESOLVED THAT the Assembly of the Kodiak Island Borough hereby requests that said motion be made at the Council before further discussions on crab shares ("A", "B" and "C") and the 90/10 split issues proceed further, so that the rights of all vessel operators in the crab fisheries off Alaska's Bering Sea and related coastal communities' interests may be properly addressed in light of the effects (so far, negative) to date, and consider changes to ensure potential benefits (maximizes multiplier benefits) to the State, Kodiak, and region by enhancing crew -based (fishermen) incomes that provide these direct, indirect and induced Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee Resolution No. FY2008-19 Page 2 of 2 Page 115 of 121 AGENDA ITEM #2.E. Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Kodiak Fisheries Advisory Committee Introduced: 07/1711008 Adopted: 07/1711008 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009-02 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING FEDERAL FUNDING OF OBSERVER COVERAGE IN THE GULF OF ALASKA WHEREAS, vessels and shoreside processing facilities participating in Gulf of Alaska (GOA) federal fisheries are predominantly smaller in size and receive less revenue from commercial fishing than their counterparts in the Bering Sea/Aleutian Islands (BSA[); and WHEREAS, daily costs of observer coverage is often higher operating in the GOA than the BSAI, due to the logistics of deploying observers to remote ports for short periods of time; and WHEREAS, the Gulf of Alaska fishing industry pays disproportionately higher costs for federally mandated observer coverage when compared to the BSAI and other parts of the Nation; and WHEREAS, the Gulf of Alaska fishing industry is comparable in size, capacity, and annual revenue to those based in U.S. non -Alaska coastal communities that have historically benefited from 100°/x, federally -funded Observer Programs; and WHEREAS, Alaska's coastal communities are generally far less diversified, have fewer economic opportunities, and are more dependent on commercial fishing than most fishing communities outside of Alaska; and WHEREAS, the Gulf of Alaska federal fisheries deserve equitable treatment when compared to other U.S. regions that receive federal funding dollars to support their observer program needs; and WHEREAS, federally funded observer coverage in the Gulf of Alaska would reduce the financial burden on the small, community-based GOA fisheries and thereby help promote economic stability and longevity in our communities; and WHEREAS, an appropriation to increase federal funds to the North Pacific Groundfish Observer Program to offset observer costs by GOA vessel owners and processors would allow for a NMFS-directed observer deployment plan which would, in tum, result in more representative and statistically robust fisheries data; and WHEREAS, the Kodiak Island Borough believes it is in the best interests of the State of Alaska's coastal communities to pursue U.S. government funding options for the globally recognized and respected North Pacific Groundfish Observer Program for Gulf of Alaska fisheries; and Kodiak Island Borough, Alaska Resolution No. FY2009-02 Page 1 of 2 Page 116 of 121 Kodiak Fisheries Advisory Committee AGENDA ITEM #2.E. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough urges the Alaska Congressional Delegation to seek federal funding, in whole or in part, for observer coverage for vessels and processors participating in federal fisheries in the Gulf of Alaska. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF JULY, 2008 ATTEST: �q An ( - , Nova M. Javier, CWC orough Clerk Kodiak Island Borough, Alaska Kodiak Fisheries Advisory Committee KODIAK ISLAND BOROUGH • ne M. Se by, 9;�k Resolution No. FY2009-02 Page 2 of 2 Page 117 of 121 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 AGENDA ITEM #2.E. Introduced by: Borough Assembly Requested by: Assembly/City Council Drafted by: KFAC Introduced on: 05/052011 Adopted on: 05/052011 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2011-26 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING RESOLUTION NO. FY2008-03 REDUCING THE SEATS ON THE JOINT KODIAK FISHERIES ADVISORY COMMITTEE WHEREAS, Resolution No. FY2008-03 established a Joint Kodiak Fisheries Advisory Committee to take the place of the Joint Gulf of Alaska Groundfish Rationalization Task Force; and WHEREAS, the purposes of the Kodiak Fisheries Advisory Committee are to provide recommendations, when appropriate, to the Borough Assembly and City Council regarding a Kodiak position on fisheries issues and to provide a forum for interested parties to discuss and, to the degree possible, reach consensus on fishery issues affecting Kodiak's fishermen, processors, businesses, and residents; and WHEREAS, the term of Kodiak Fisheries Advisory Committee appointments shall be three years provided that appointees terms shall extend until their replacements are named; and WHEREAS, appointment to the Kodiak Fisheries Advisory Committee confers no rights or authority other than to make recommendations to the Borough Assembly and City Council concerning State and Federal fisheries management actions, which the Borough Assembly and City Council may accept of reject at their sole discretion; and WHEREAS, representatives of the Borough Assembly, City Council, Kodiak residents serving on the North Pacific Fishery Management Council, the North Pacific Council's Advisory Panel, and the Alaska Board of Fisheries are ex -officio non-voting members of the Kodiak Fisheries Advisory Committee; and WHEREAS, Kodiak Fisheries Advisory Committee members have the authority to designate an alternate prior to a meeting if the member cannot attend; and WHEREAS, the Kodiak Fisheries Advisory Committee has the authority to develop procedures for calling and conducting Committee meetings, determining the Committee's position on issues, and resolving other Committee organizational matters; and WHEREAS, the 17 seals on the Committee make it harder for the Committee to establish quorum; and WHEREAS, on February 22, 2011, the Kodiak Fisheries Advisory Committee reviewed the make-up of the Committee, looked at options to increase efficiency, and recommended the following changes: Remove the "Large" and "Small" designations and make one seat for each sector. Reduce the "Business Community', "Kodiak Rural Communities", and "Citizen at Large" seat to one "Community' seat. Kodiak Island Borough Kodiak Fisheries Advisory Committee Resolution No. FY2011-26 Page 1 of 2 Page 118 of 121 AGENDA ITEM #2.E. 54 This would reduce the committee to eleven seats, leaving the following seats as voting 55 members, and would allow for a quorum to be met with six members present. 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Pot Vessels — Jeffery Stephan Crewmembers — Steve Branson Trawl Vessels —AI Burch Conservation Community—Theresa Peterson Longline Vessels — Chris Holland Community - Lee Robbins Jig Vessels — Alexus Kwachka ADFG Advisory Committee — Oliver Holm Salmon/ Herring Vessels - OPEN Lodge/Charter Boat Operators — Chris Fiala Processors — Julie Bonnie Non-voting/ex-officio seats would remain the same with the following. If a member is elected to one of these seats and also holds one of the voting seats above they would remain a voting member. NPFMC Council Member(s) — Duncan Fields NPFMC Advisory Panel Member(s)— Alexus Kwachka, Theresa Peterson, Matt Moir City Council Representative - OPEN Borough Assembly Representative — Sue Jeffrey The committee is also going to work on filling the Salmon/Herring Vessels and Community seats. The above seats and their representatives are only a recommendation. Some of these members currently hold the seat, some were recommended to different seats, and some would be new members. WHEREAS, the Borough and the City of Kodiak desire to continue to make joint appointments to vacant and/or vacated seats; and WHEREAS, the Borough desires to appoint future members to the Kodiak Fisheries Advisory Committee via motion. NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the recommendation of the Kodiak Fisheries Advisory Committee to reduce the committee seats as slated in this resolution is approved. BE IT FURTHER RESOLVED that the above individuals named are appointed through this resolution and any future appointments to the Committee shall be made via motion. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF MAY, 2011 KODIAK ISLAND BOROUGH ATTEST: Jer4ne M. Selby, Boro gh-Ma v Nova M. Javier, Mtvf , Borough Clerk Kodiak Island Borough Kodiak Fisheries Advisory Committee Resolution No. FY2011-26 Page 2 of 2 Page 119 of 121 fl 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #2.E. Introduced by: Borough Assembly Requested by: Kodiak Fisheries Advisory Council Drafted by: Borough Clerk Introduced on: 12/15/2011 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2012-13 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL TO PROVIDE FOR VIDEOCONFERENCING AND OTHER MEANS OF REMOTE COMMUNICATION FOR ITS MEETINGS WHEREAS, Kodiak is a fishing community, and Kodiak's economic health and social welfare depend on the sustained ability of Its residents to harvest and process the marine resources of the Gulf of Alaska and the Bering Sea; and WHEREAS, it is In Kodiak's best interest for its Borough and City governments to be well informed regarding the potential impacts of Stale and Federal fishery management actions on the Kodiak community 'and to have an opportunity to effectively comment on such actions before they are taken; and WHEREAS, the Kodiak Island Borough Assembly and Kodiak City Council have established a Joint Kodiak Fisheries Advisory Committee for the purpose of providing recommendations regarding Kodiak's position on fisheries issues, and to provide a forum for interested parties to discuss, and, to the degree possible, reach consensus on fisheries issues affecting Kodiak's fishermen, processors, businesses, and residents; WHEREAS, it is important for the Joint Kodiak Fisheries Advisory Committee to attend the North Pacific Fishery Management Council meetings and stay abreast of information provided at these meetings; and WHEREAS, North Pacific Fishery Management Council meetings are often held in the Pacific Northwest and remote areas of the Slate of Alaska; and WHEREAS, travel expenses to these areas can be cost prohibitive and may ultimately reduce access to vital information and decisions being made by the North Pacific Fishery Management Council; and WHEREAS, the Kodiak Fisheries Advisory Committee met on September 16, 2011, and agreed that the Kodiak Island Borough Assembly and Kodiak City Council should consider urging the North Pacific Fishery Management Council to provide video conferencing of its meetings; and Kodiak Island Borough Kodiak Fisheries Advisory Committee Resolution No. FY2012-13 Page 1 of 2 Page 120 of 121 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 AGENDA ITEM #2.E. WHEREAS, there are many other Alaskan coastal communities who would also benefit from video conferencing, and WHEREAS, video conferencing gives access to participants who are limited by their physical location; and WHEREAS, attending the meetings in person is expensive and cost prohibitive due to travel costs, and attendance by video conference could substantially save money for interested parties; and WHEREAS, attendance by video and remote conferencing will provide rural communities the choice and flexibility to be involved in the process without the huge demands of substantial travel time and costs; WHEREAS, with advances in technology, video and remote conferencing has become increasingly popular and as the reliability and affordability of videoconferencing technologies continues to improve, agencies have become more and more creative in incorporating this technology. NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH endorses and urges the use of video conferencing and other means of remote communication where feasible and desirable for participation in the North Pacific Fishery Management Council meetings. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF DECEMBER, 2011 KODIAK ISLAND BOROUGH ATTEST: Jero a M. Selby,.B9mugh-Ma k r Nova M. Javier, MPC, Borough Clerk Kodiak Island Borough Kodiak Fisheries Advisory Committee Resolution No. FY2012-13 Page 2 of 2 Page 121 of 121 4q - i ur Q4 i"v V. 'i.` - 1:_Q 1:4'LnJI)MI.-To ri W 5.:q$ fly -,w4q: ti W-Y-O�A (JSAA-:,fij 7eiT I Y 'A.Vi 4q - Chapter G.32 1✓1V11~RULNI Y Nh KV1UhN Chapter 2.32 EMERGENCY SERVICES Sections 2.32.010 Purpose 2.32.020 Definitions 2.32.030 Emergency services council 2.32.040 Emergency services director 2.32.050 Emergency services coordinator 2.32.060 Expenditures 2.32.070 Violations For statutory provisions regarding emergency services or civil defense, see AS 26_20. 2.32.010 Purpose The declared purpose of this chapter is to provide for the preparation and implementation of plans for Page l of-,) emergency services for persons and property within the city of Kodiak and the Kodiak Island Borough in the event of a disaster and to provide an organization for the coordination of emergency services functions with all public agencies, affected private persons, corporations, and organizations. [Ord. 702, 1983] 2.32.020 Definitions For the purposes of this chapter, the following definitions shall apply: "Assembly" means that elected body of representatives known as the Kodiak Island Borough assembly. "Borough" means the Kodiak Island Borough and its geographic area. "Borough manager" means the person appointed by the Kodiak Island Borough assembly to the administrative position of borough manager. "Borough mayor" means the person elected to the position of mayor of the Kodiak Island Borough or the person designated as acting mayor. "City" means the city of Kodiak and its geographic area. "City council" means that elected body of representatives known as the city of Kodiak city council. "City manager" means the person appointed by the city council to the administrative position of city manager or the person designated as acting city manager. "City mayor" means the person elected to the position of mayor of the city of Kodiak or the person designated as acting mayor. "Council" means the emergency services council. http://www.codepublishing.com/AK/Kodiak/ 3/15/2016 Chapter 2.32 EMERGENCY SERVICES Page 2 -of 5 "Director" means the emergency services director who shall be the city of Kodiak city manager or the designated successor to the emergency services director as outlined in KCC 2.32.040; and who shall serve as the chairperson of the emergency services council and shall exercise the powers and responsibilities outlined in KCC 2.32.040. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar public calamity. "Emergency operations plan" means the Kodiak emergency operations plan, which is the regional emergency preparedness and response plan adopted by the emergency services council to guide emergency preparedness, mitigation, response, and recovery in the city of Kodiak and the Kodiak Island Borough. "Emergency services" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are responsible, to prevent, minimize, and repair injury and damage resulting from disasters. "Emergency services coordinator" means the person who serves as chairperson of the emergency services organization and the local emergency planning committee, exercises the powers and responsibilities outlined in KCC 2.32.050, and who shall be the city of Kodiak fire chief. "Emergency services council" means that group of people empowered to develop disaster emergency response policies and to exercise the authorities enumerated in KCC 2.32.030. "Emergency services organization" means those officers and employees of the city and the borough, together with officers and employees of other local, state, and federal government agencies and volunteers from public and private organizations who participate in emergency planning and preparedness exercises, meetings, and activities in the Kodiak Island Borough and the city of Kodiak. "Incident" means an occurrence or event, either human -caused or natural phenomena, that requires action by emergency services personnel to prevent or minimize loss of life or damage to property and/or natural resources. "Incident command system (ICS)" means a system which provides incident management through the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure to effectively accomplish stated objectives pertaining to an incident. "Incident management team" means the Kodiak incident management team, which is that group of local government officers and employees, emergency response personnel, state and federal agency representatives, and all other persons organized under an incident command system to achieve stated incident objectives utilizing the incident command system management functions to respond to incidents in the city and borough. "Local emergency planning committee" means the group established in compliance with Title III of the Superfund Amendments and Reauthorization Act of 1986 (the Emergency Planning and Community Right -to - Know Act) that serves the functions outlined in the federal act, state statute, and in KCC 2.32.050. [Ord. 1121 §1, 2000; Ord. 872 §1, 1989; Ord. 752 §§1-3, 1985; Ord. 702, 1983] 2.32.030 Emergency services council (a) Membership. The emergency services council is created and shall consist of the city of Kodiak mayor and manager, the Kodiak Island Borough mayor and manager, the commanding officer of the United States Coast Guard Integrated Support Command Kodiak, the commanding officer of the United States Coast Guard Air http://www.codepublishing.com/AK/Kodiak/ 3/15/2016 LnapterL.jzCN1r.xUC1VLY Jr,xv1Lr,J rage j of.-) Station Kodiak, and the post supervisor of the Alaska State Troopers "C" detachment post in Kodiak, or their designees. (b) Officers. The emergency services director shall serve as chair of the emergency services council. The council shall select a vice -chair from its membership. (c) Powers. The emergency services council shall have the following powers: (1) To proclaim the existence of a local disaster upon the recommendation of the emergency services director; (2) To adopt mutual aid plans and agreements necessary for the provision of coordinated disaster emergency services; (3) To approve emergency service response plans including the Kodiak emergency operations plan, plan annexes, and any significant revisions thereto; (4) To issue policy guidance to the incident commander and/or unified command during an emergency response incident where the Kodiak incident management team is activated. (d) Duties. It shall be the duty of the emergency services council to review and recommend for the adoption by the city council and the borough assembly, ordinances and resolutions necessary for the implementation of disaster emergency services plans and agreements. (e) Meetings. The emergency services council shall meet upon call of the chairman or, in the absence of the chairman, upon the call of the vice-chairman. (f) Bylaws. The emergency services council shall adopt bylaws for the conduct of its meetings. [Ord. 1121 §2, 2000; Ord. 872 §2, 1989; Ord. 752 §4, 1985; Ord. 702, 19831 2.32.040 Emergency services director (a) There is created the office of the emergency services director. The emergency services director shall be the city of Kodiak city manager. The director is empowered: (1) To request the emergency services council to proclaim the existence or threatened existence of a disaster and the termination thereof, if the council can be readily convened, or to issue such proclamation if the council cannot be readily convened, subject to confirmation by the council at the earliest practicable time; (2) To request the governor to proclaim a state of extreme emergency when, in the opinion of the director, the resources of the area or region are inadequate to cope with the disaster; (3) To serve as the designated chairperson of the emergency services council with the full authority to convene the council at the director's discretion; (4) To facilitate coordination and cooperation between divisions, services, and staff of the Kodiak incident management team, and to resolve questions of authority and responsibility that may arise between them; (5) To represent the emergency services council in all dealings with public or private agencies pertaining to emergency services and disaster; (6) To prepare and maintain plans for disaster emergency services; http://www.codepublishing.com/AK/Kodiak/ 3/15/2016 Chapter 2.32 EMERGENCY SERVICES Page 4 of 5 (7) To organize and maintain an operational disaster emergency services response capability, including the scheduling of drills and exercises in accordance with local emergency preparedness plans and policies; (8) To serve as incident commander in the Kodiak incident management team, or the local on -scene coordinator in the unified command when the size, scale, or severity of an incident is such that other qualified incident commander personnel are not available or appropriate to fill the IC/LOSC position. (b) In the event of the proclamation of a disaster as herein provided, or the proclamation of a state of extreme emergency by the governor or the state director of emergency preparedness, the director is empowered: (1) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency services council; (2) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the city and borough for the fair value thereof, and if required immediately, to commandeer such privately owned material as may be needed for public use; (3) To require emergency service of any city or borough officer or employee and, in the event of the proclamation of a state of extreme emergency by the governor, to command the aid of as many citizens as the director thinks necessary in the execution of the director's duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency services volunteers; (4) To requisition necessary personnel or material of any city or borough or agency; (5) To execute all ordinary powers as emergency services director; all of the special powers conferred by this chapter or by resolution adopted pursuant thereto; all powers conferred by any statute or agreement approved by the city council or borough assembly, or by any other lawful authority; to exercise all police power vested in the city and borough by the Constitution and general laws. (c) In the event that the emergency services director is unavailable or unable to function in the capacity described above, all powers and authorities described herein are transferred to the emergency services coordinator. [Ord. 1121 §3, 2000; Ord. 702, 1983) 2.32.050 Emergency services coordinator (a) There is created the office of the emergency services coordinator. The emergency services coordinator shall be the city of Kodiak fire chief and shall act as administrator of the emergency services organization and local emergency planning committee. The coordinator has the following responsibilities: (1) To organize and lead quarterly emergency services organization/local emergency planning committee meetings, to call for additional meetings as needed or directed by the emergency services director, and to maintain all historical records associated with the ESO/LEPC; (2) To ensure that all drills and exercises are performed as specified in the Kodiak emergency operations plan or as directed by the emergency services director; (3) To coordinate and oversee periodic emergency preparedness training for Kodiak incident management team personnel, including ICS training. http://www.codepublishing.com/AK[Kodiak/ 3/15/2016 t-napterz.j2. L P-Kunivur �)tKviL-n�5 (b) The coordinator is hereby empowered: rage o of --) (1) To control and direct the efforts of the emergency services organization for the accomplishment of the purposes of emergency services and disaster preparedness; (2) To represent the emergency services organization/local emergency planning committee in all dealings with public or private agencies pertaining to emergency services and disaster; (3) To organize disaster emergency services response drills and exercises in cooperation with the emergency services director and in accordance with the requirements identified in the Kodiak emergency operations plan, and to maintain accurate records of all such drills and exercises; (4) To fill the position of incident commander, with all requisite duties and responsibilities, in the Kodiak incident management team, or to serve as deputy incident commander when the director assumes the position of incident commander. (c) The coordinator is the designated successor to the emergency services director and shall assume all authorities, powers, and responsibilities granted to the director in KCC 2.32.040 if the director is unavailable or unable to fulfill these responsibilities during a disaster emergency. [Ord. 1121 §4, 2000; Ord. 702, 1983] 2.32.060 Expenditures Cities are responsible for authorized emergency services expenses incurred within their jurisdiction, and the Kodiak Island Borough is responsible for authorized emergency services expenses incurred outside of city jurisdiction, unless otherwise provided for by each governing body. [Ord. 1121 §5, 2000; Ord. 702, 1983] 2.32.070 Violations It is a misdemeanor for any person during a disaster to: (a) Willfully obstruct, hinder, or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed by virtue of this chapter; (b) To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of the city or borough, or to prevent, hinder, or delay the defense or protection thereof; and (c) To wear, carry, or display without authority any means of identification specified by the emergency services agency of the state. [Ord. 1121 §6, 2000] Mobile Version http://www.codepublishing.com/AK/Kodiak/ 3/15/2016 X, p! Alao 4 a AS lco 41 1 If I �A I war 0 to Is X, p! Alao 4 a AS KODIAK ISLAND BOROUGH JOINT WORK SESSION Joint Work Session of: llarrk 14 1 ZD Please PRINT your name Please PRINT your name � c de I L tA� �jl aa' a_e� Sim IF'lu�..i lA� �ar��iti�, S�rrn X419 A)� l: 0y cuk V Yl l dPAI VVI.S�VA L1e� ao13 J .�. .._ - _ .., - _. _ _vii . � !r - - - - — . ,_ .._.. __ a �,; , .. ' � ri �,� �.: ._ ._ _ t� Ls �._��„'. I. �� � 6 _ .. .'F � .. ry � 1 �'� � r . _, �: � i 1. ;� ii • ... .. __ - - _ - __ - ._ ... - - �I I� _z� .. .-r,_ .. � _ .. __r..,..