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
• .. Cd Cd >4?�-� O
'd
rd }i0 rn4
>�mro
o 'o o o a�
U cn0w(dci)R,HU
P4 Cd
M
m C"
O O ro O
j O
rd
o
Cts . v ° (d o r o
4-4rdH
9 :� cd m : o b'
.0 o : (1)�
a� � o ai
rd
OrdU
cd
U '� 9 N }; v
r -i (n O 4-1� U N
V N t)) cd
En H
• O O X '� O O
ciS o o 0 U
P -1r rd
.. O O
cd En 0 rd
Nto
0 cd cd
U ca u) M 0 �.
s
0
(dcd._
rd
4-47
2
g
4-1
7
rd
�
41®
0
.ro
0
.�
�
0
Q
m
c -d
�
2
0
>Cd
Cd
cd
.0
Cd
z
O
o
U
§
_
Cd
cd
�
�
:�
§
�
Cd
2
m
'
:
rz
Cd`
e
cd`
m
§
J
d
�
:
. .
�
.�J
�
O
_
%
%
2
-
§
¢
0
— — --- — - -- _ _ _ — -- rn
En
m
U)
r-,
N
O
U)
O
U
44
W
r'
o
ro
rd
cd
cn
r
rd
Eli
rri
°
�5
0
r --(U �'
.cd
O
O
U
w
4
rd
O
U
a)
p
Cd
cd
x
x
w
x
Q
w
G
❑
❑
❑
❑
d--1
0
rd
0
O
4-1
U O
ro
IQ
r
0 O o
0cd oma,
O � 4-(
r -I rd
� y
CU
En r., V �1
cduj ,� U
O 0 rd
ocd c')
w t)D "'o
rq
rd
M
rd
x
4-1
0
V
.(d
rd
4-1
U)
ci
U
cd
t
O
O
�
�
rd
rd
ro
O
4
U
•�
rd
U
O
0
�
U
O
�
�'
U
'0
�
N
cn
Cd
0 (d
'd
cd
M
(d
0
U
O
N
N
.(d
O
U
ro
O
�
�
rd
Cd
El
4
U
O
M
0
0
0
�'
U
'0
N
rd
U
�
cd
M
(d
0
N
m
.9
od4
�,
a)
N
N N
O cd
Q)
O
NO cin •,.q
¢' 4 N N
r
En Cd
N 'Zj +J
4-0 cd cd
cd cd (1)
LI -4r --q O r -I N
O .0 U
4-1 U
cd
cd
cd `'-'00
• V '� 4.0O O
rd M
N cnd
Cd ro
•cd p Cd
0 cd. to cdOt
EO
rQ
0 4- N
00 N *-
O N
� N U Ou � p O
U r cd
N � N
�S.. 4-+ p
cn +-� O +
•� cd
•�
tom!] U z � ,sp., � 4-1P4
4� 4 4 Cd
� dq a) cd p �
cq
'd
�rd44.0•�
°'°a0o
rd
P"
r
4-j
U
rd
rd
r
0
CD
l�
9
Pei
W
cd .�
`V
N
O
U �
cd �
cd U
Cd
cd c N
(d
CdU
U)
O 'd
U O
Eli )-i
In 0-1
Cd
U 9
0 Cd
cd
O
'd
wCd
rQ
� N
td
td
u
t3l
U2
g
N
o
�
O
r'
U
U
dU
v
O
-0
Cd
U
1
Cd
U
.�
O
Cd
rc$
Cd
CdU
N
cd
a
°
w
..
U
U O
a
(d
CdU
U)
O 'd
U O
Eli )-i
In 0-1
Cd
U 9
0 Cd
cd
O
'd
wCd
rQ
� N
td
td
u
•-�
rr O
U
�-i rd 'd rd
a)
r-1 � U
0 z U r
cd
O N
Cd
U
v)
4-1 (� O ++
cd� 4 �, o
-�—� m o o 4
.� Cd
c� > .. z E
:� U �
U a) O
4-4
'd ro � O
rd Z:^ 0-1
Z Cd O
rn 'd • 1 � o
Orz Cd Cd rc;
o
• U ��., cn Cd a O
a •�, cc
rd
N
W
0
4-10
rd
4-1
CdN
U
En
W
U
rd
0
rd
z
0
0
rn
07,
.9
rnEn
(1)0
�0
rd
rd
U
N �
crd U
0
N
N
N
(d
U)
>
/
�
(d
§
@
>1
U
q
.b
$
cd
$
.�@
5)
�
o
$
%
§
Cd
2
d
_
O
P4
(d4.4
rd
M
\
q
o
0¢
\
7
0d
%
�
K
\
@
C
$
O
¢
O
\
O
/
r
\
-4
24-j
Q_
G
2
R
rQ
U)rd�
�
rd
o
Cd
_
§
2
7
2
rd
\
ro
ro
0-1
7
PLI
d
0
Cl)
g § ).0
_°o E\ Co
q §0
q/ooco0.8=§
. /I m /\ §§ \\(\
? E-1 %\\\ 0
2 m0 �§ \\ t §\\\
ooa
/2\E_ �(d 0cdtt%
§//§f\�\/§§
� m
k\\/\k/\\/\\k\§
P4 ro
�
§ \
§ 7 4-4
b 0 Q,
± m
\ \ '§ •§ q / ( § •/
2) 22] 0 rd
g§
/ jcd
cd§/ q q e 2 k
/
d
/4'11 0 4 /Q
�
E
It,
� f ro
0
aE22 \ d
\ d \ /En
En go $ I t o
\ \
/
/ n
Q ® ®0 � $'m
� 2.\��Q-� o
» » `Q t = r,2 ro
%
/ § 2 2 f rd•§ � /
.� o $ q rd_ o §
.. / a t:7) u q
rQ
a) rdP R � 'M 9 d \
¢ 0 k § m� 2 \ j
rd
rd? J
§ & 2 § / \ .§ Z / 6 �
% 2 �' § M ® d b
) % 'q W Q » & m '§ §
E a R§� ®§ U ? Q
7�2��0rcd o>, dm
rd F-4
§ d� f m y) ® o
\.%- 2§ 2- 7 7 2 k
�.§o ao2aa0§
\ k O 4. M M k §
AGENDA ITEM #2.A.
Marijuana Legislation
Page 41 of 121
AGENDA ITEM #2.A.
Page 42 of 121
Marijuana Legislation
■ ■
W
Q1 cd ro vi
,o
.� 4Z 4-j
o�
° ° En
Oa co ro o o 0
U N
�,� w
r—I rml rd Cd
Cd
rd rd
(7rj ca A �' ' ~ a)
CTJ
cd E o Cd
od 4-1
4-1
Cd
� �' • �
r(j44 rci rd
o'
U
0
ula
h
OD
N
Cd 0
rd Cd
O 'd to � x a)
(�
0 CdCd CY) 04 (d"4 O R, 5C V
QJ "}'4-,04 cd o ON Or,
•`� �� rd0� ,tea) Obi
rd cd cd 0 0
0
Oa r -I~
Q9 a) a) 'Cd
�.
���
Z.) 46 o 4 -Cd
. �..i U 9 -4 4-4 ~ � O rd
O ctt a)
OEn 9 Q4O
r.1 rd
cd 0
V
V
O
U
PLI
A�
M
O
+r
rd
U
N
4-1
r.,
5
O
lll
9
cd
4-4
Cd
O
1
U
N
O
m
N
(nn+
Vl
W
Cd
U
i -i
n,
•O
`�+
0
W
(71+
^I
W
V
O
U
PLI
A�
M
O
+r
rd
U
N
4-1
r.,
5
O
lll
9
cd
4-4
Cd
O
1
U
N
O
m
N
rd
Cd
U
V
O
U
PLI
A�
M
O
+r
rd
U
N
4-1
r.,
5
O
lll
9
cd
4-4
Cd
O
1
U
N
O
m
N
/
U)
�
)��
�
O
@
e
@
ro
Cd®
¥
\
C
�
.
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<es. 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..,..