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07/12/2022 - Regular - Packet
Mayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-a It Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosapepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Meeting Agenda July 12, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access Link: https://us02web.zoom.us/J/85602656397 Zoom Webinar ID: 856 0265 6397 Zoom Call -In: 1 253 215 8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS Please limit your comments to 3 minutes for items listed on the agenda and that are not for a public hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items. A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of an Ordinance Amending POMC Section 2.04.045 Remote Attendance for Council Meetings (Archer) Page 4 D. Adoption of a Resolution Approving the Purchase of a Sign from Hanson Sign Company, Inc. (Dorsey) Page 8 E. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 038-15 with Kitsap County for Urban Community Development Program Funds (Archer) Page 15 F. Approval of the June 28, 2022, City Council Meeting Minutes Page 30 !.�]:4*"L11LrIfla A. Commission Ceremony (M. Brown) B. 2023-2024 Budget Process and Priorities (Crocker) Page 37 C. 1/10 Sales Tax Transportation-TBD (Crocker) 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending the 2021-2022 Budget (Crocker) Page 52 B. Adoption of an Ordinance Amending POMC Chapter 10.12 Relating to Civil Infractions for Parkin; Enforcement (Archer) Page 63 C. Adoption of a Resolution Approving a Contract with Excel Business Systems, Inc. for PW and Admin Copiers Maintenance (Wallace) Page 99 D. Adoption of a Resolution and Accepting the Responsible Bidder and Authorize the Mayor to Execute an Agreement for the City's Official Newspaper (Wallace) Page 106 E. Adoption of a Resolution Authorizing the Purchase of Kitsap County Tax Parcel No. 4027-032-001-0102 & 4027-023-018-0003 and Payment of Associated Relocation Benefits for the Bay Street Pedestrian Pathway Protect (Dorsey) Page 111 F. Approval of Amendment No. 3 to Contract No. 063-19 with Ward C. Muller for On Call Professional Surveying Services (Dorsey) Page 136 G. Approval of the June 14, 2022, City Council Meeting Minutes Page 143 8. DISCUSSION ITEMS (No Action to be Taken) A. Lodging Tax Funding Project Set -a -Side (Wallace/Archer) B. 2021 Annual Report (Crocker) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and July 18, 2022; 9:30am Remote Access Tourism Utilities July 12, 2022; 5:00pm Remote Access Finance TBD, 2022 Remote Access Transportation July 26, 2022; 4:30pm; 4th Tuesday of each Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. July 12, 2022, Meeting Agenda Page 2 of 3 month Festival of Chimes & Liahts Land Use Lodging Tax Advisory Sewer Advisory July 18, 2022; 3:3 July 20, 2022; 4:30pm October; 2022 ugust 17, 2022; 6:30pi Outside Agency Committees Varies *South Kitsap Reclamation Facility, 1165 Beach Drive Port Orchard Remote Access Remote Access Remote Access SKWRF* Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. July 12, 2022, Meeting Agenda Page 3 of 3 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4C Adoption of an Ordinance Amending POMC Section 2.04.045 Remote Meeting Date: Prepared by: Attendance for Council Meetings Atty Routing No.: Atty Review Date Back to Agenda July 12, 2022 Charlotte Archer City Attorney 366922-0005 — Clerk N/A Summary: The City has successfully utilized a hybrid format for its regular, special and work-study meetings during the COVID-19 pandemic. The City utilizes the Zoom Webinar platform to facilitate public access and participation in Council meetings. Currently, the City Council and staff may only attend remotely when there is a declared federal, state or local emergency and other conditions are met. The Council discussed options regarding remote attendance at its regular meetings on June 14, 2022 and June 28, 2022. This Ordinance reflects that discussion by modifying the code to authorize remote attendance at a limited number of meetings —four (4)—as a matter of policy, as well as additional meetings in the event of an emergency. Relationship to Comprehensive Plan: N/A Recommendation: N/A, as this is a Council -led action. Motion for Consideration: I move to adopt an Ordinance amending Port Orchard Municipal Code 2.04.045, pertaining to remote meeting attendance. Fiscal Impact: None anticipated Alternative: Provide alternative guidance. Attachment: Ordinance and tracked POMC 2.04.045, showing proposed amendments. Page 4 of 150 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO COUNCIL MEETINGS; AMENDING PORT ORCHARD MUNICIPAL CODE 2.04.045, REMOTE ATTENDANCE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard has successfully utilized a hybrid format for its regular, special and work-study meetings during the COVID-19 pandemic, allowing for efficient operation of City government and public access and participation; and WHEREAS, the City Council values the discourse that occurs during meetings of the City Council and desires to ensure that Council members are able to attend and engage on important issues; and WHEREAS, the City Council desires to allow for the continued use of the hybrid format by allowing Council members additional flexibility to attend a limited number of meetings remotely, consistent with the Open Public Meetings Act, Chapter 42.30 RCW; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Port Orchard Municipal Code Section 2.04.045 is hereby amended to read as follows: 2.04.045 Remote attendance. Council members may attend up to four (4) regular, special or work-study session meetings per year via video conferencing or telephone ("remote attendance"), provided the Mayor, or in the mayor's absence the mayor pro tern (the "presiding officer"), may approve council members' remote attendance in excess of four (4) under the following circumstances: (1) When action on a measure to be voted on should not be delayed but rather requires action or remedy; and (2) The remote attendance is for the benefit of the city and not for the benefit of an individual council member; and (3) In the event of a fire, flood, earthquake, or other emergency relating to public health and safety. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance Page 5 of 150 Back to Agenda urainance iw. Page 2 of 2 should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 121" day of July 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: John Clauson, Councilmember Page 6 of 150 Port Orchard Municipal Code 2.04.045 Tracked version for Ordinance No. 2.04.045 Remote attendance. Council members may attend uD to four (4)— reLular. special or work-studv session meetines Der year via video conferencin or r telephone ("remote attendance"), provided Tthe mayor, or in the mayor's absence the mayor pro tern (the "presiding officer"), may approve council members' ^r employees'appeal Hie remote attendance in excess of four (4)—("remote a'*e�under the following circumstances: (1) When action on a measure to be voted on should not be delayed but rather requires action or remedy; and (2) The remote attendance is for the benefit of the city and not for the benefit of an individual council member; and (3) In the event of fire, flood, earthquake, or other emergency relating to public health and safety. meeting, The Port Orchard Municipal Code is current through Ordinance 019-22, passed May 24, 2022. Page 7 of 150 Agenda Item No Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Item 4D Adoption of a Resolution Approving the Meeting Date: Prepared by: Purchase of a Sign from Hanson Sign Company, Inc. Atty Routing No. Atty Review Date Back to Agenda July 12, 2022 Mark Dorsey Public Works Director 366922-0009 — PW July 7, 2022 Summary: The City identified the need to place a "Welcome to Port Orchard" sign on the Port Orchard waterfront, adjacent to the Bremerton foot ferry, to welcome visitors to the City and encourage tourism. Pursuant to the City's Procurement Policies, adopted by Resolution No. 036-22, as amended, the City identified Hanson Sign Company, Inc. as an approved, qualified vendor to fabricate the sign. On May 2, 2022, Public Works Department staff requested a quote from Hanson Sign Company, Inc., and on June 16, 2022, Hanson Sign Company, Inc. provided a quote of $5,842.00 (plus applicable tax) for a total purchase price of $6,379.46. This purchase was not included in the 2021-2022 budget cycle and the Public Works Department seeks Council approval for the purchase of the sign. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase of a sign from Hanson Sign Company, Inc. for a total purchase price of $6,379.46 (applicable tax included.) Motion for Consideration: I move to adopt a Resolution authorizing the Mayor or designee to execute all documentation necessary to purchase a sign from Hanson Sign Company, Inc. for a total purchase price of $6,379.46. Fiscal Impact: The sign will be purchased from Parks operating dollars; a budget amendment may be needed. Alternatives: Do not approve Attachments: Resolution No 065-22, Hanson Sign Company, Inc Quote. And Purchase Quotation Sheet. Page 8 of 150 Back to Agenda RESOLUTION NO. 065-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A SIGN FOR THE PORT ORCHARD DOWNTOWN WATERFRONT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City identified the need to place a "Welcome to Port Orchard" sign on the Port Orchard waterfront, adjacent to the Bremerton foot ferry, to welcome visitors to the City and encourage tourism; and WHEREAS, pursuant to the City's Procurement Policies adopted by Resolution No. 036- 22, as amended, the City identified Hanson Sign Company, Inc. as an approved, qualified vendor to fabricate the sign; and WHEREAS, on May 2, 2022, Public Works Department staff requested a quote from Hanson Sign Company, Inc.; and WHEREAS, on June 16, 2022, Hanson Sign Company, Inc. provided a quote of $5,842.00 (plus applicable tax) for a total purchase price of $6,379.46; and WHEREAS, this purchase was not included in the 2021-2022 budget cycle; and WHEREAS, the Public Works Department seeks Council approval for the purchase of the sign; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the purchase of a sign, from Hanson Sign Company, Inc. in the amount of $6,379.46 (applicable tax included). The Mayor or his designee is authorized to execute all documentation necessary to effectuate the purchase, consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 9 of 150 Back to Agenda Resolution No. 065-22 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 121" day of July 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 10 of 150 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Hanson Sign Company, Inc. P.O. Box 928 Silverdale, WA 98383 360.613.9550 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us Back to Agenda PURCHASE ORDER P.O. No. 043-22 Date: July 13, 2022 Ship To: N/A Ordered By: Authorized Signature: Heidi Draper Public Works City Clerk or Authorized Representative Signature Qty Unit Price Total 1 1 1 Waterfront Wayfinding Sign 1 $5,842.00 1 $5,842.00 1 "Please see attached Proposal for more information. IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE: 001.05.576.80.40 Subtotal Freight Tax (9.2%) Addit. Charges Bal Due $5,842.00 $537.46 $6,379.46 Page 11 of 150 B Hanson Sign Company, Inc 27 May 2022 City of Port Orchard 216 Prospect St Port Orchard WA 98366 RE: Waterfront wayfinding sign Proposal Attn: REVISED 16 June 2022 Tony Lang 360 535 2490 tlangk cityfportorchard.us We propose to fabricate one single faced non illuminated "Welcome to Port Orchard" sign. Sign is 46 '/4" tall x 8' long as per attached drawing. Sign to be picked up and installed by others. For a total of $ 5,842.00 Tax (9.2%) $ 537.46 Total $ 6,379.46 $ 3,190.00 deposit and signed proposal required to begin all work. Balance due upon completion. Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Customer Signature Date of Acceptance " EXCLUSIONS City/County/State permits and fees, hidden conditions, Federal, State or local taxes additional if required. Permits billed at cost plus staff time (hourly rate) for procurement. Changes due to site specific engineering requirements are additional if required. Required landscaping for free standing signs to be provided by owner and must be done prior to final permit inspection. All permits must be kept onsite until approved after final inspection. Electrician must provide dedicated sign circuit per Article 600.5 of the National Electric Code, Prevailing wage requirements are not considered as a part of this estimate. Estimate is valid for 90 days. All material is guaranteed to be as specified. Enforcement. Customer agrees that in the event it becomes necessary for Hanson Sign to secure the services of an attorney to enforce this Agreement (whether or not legal action is commenced), to enforce its rights under the terms of this Agreement, Hanson Sign shall be entitled to recover its reasonable attorneys' fees, including the costs of litigation, through and including any appeals. Liens. In accordance with laws of the State of Washington, a Claim of Lien may be filed if payment is not received within 60 days of the invoice date. In the event a lien is filed, Customer will be responsible for payment of all costs and attorney fees incurred by Hanson Sign in the lien process. Mailing Address: PO Box 928 ♦ Silverdale ♦ WA ♦ 98383 Street Address: 6338 NW Warehouse Way ♦ Silverdale ♦ WA ♦ 98383 (360)613-9550 www.hansonsigns.c959ge 113j?qtb@hansonsigns.com bpowell.hanson@gmail.com nancyb@hansonsigns.com CN -LT S/F MONUMENT -1 EACH "PORT ORCHARD" 3/16" ROUTER CUT ALUMINUM STUD MOUNT W/ SPACERS "WELCOME TO DOWNTOWN" AND SWISH - VINYL GREY PANEL MOUNTED IN FRONT OF 3" SQ. TUBE TOP VIEW Back to Agenda Page 13 of 150 END VIEW Paint Colors: 1 C. Pantone 2995 2C. Pantone 300 3C. Pantone 397 4C. Pantone 305 5C. Pantone 547 6C. Pantone Cool Gray 1 7C. Pantone Cool Gray 11 8C. Pantone 302 Dedgn&Sales D E P A R T M E N T P.O.BOX928 6338 NWWAREHOUSEWAY SILVERDALEWA98383 PHONE (360)613-9550 www.honsonsigns.com CUSTOMER: CITY OF PORT ORCHARD PORTORCHARD, WA DATE:5/10/2022 SCALE OPTION REVISION D 0 SALES: RAN DYHANSON DESIGN: MICHAEL BRASI ER COMMENTS: This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign. ©2022 THIS SIGN DESIGN IS THE PROPERTY OF HANSON SIGNS INC. & IS NOT TO BE REPRODUCED IN ANYWAY WITHOUT PERMISSION OR TRANSFER BY SALE. CITY OF PORT ORCHARD Public Works Department 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 a Fax: (36o) 876-498o dphipps@cityofportorchard.us www.cityofportorchard.us REQUEST FOR TELEPHONE QUOTE Back to Agenda Purchase Order Number: Quote Required By: (Date) (Time) Name of Person Requesting: I v 1.7 Commodity: , � Si�►c G✓�ar�-� S�gr' Buyer: G�'� P.r c%r Required Deli ary Date: �A Ship to Address: Pick PW City: State: Zip Code: -u ITEM NO. QTY UNIT SPECIFICATION � � � x �6 � ,�� „ ��li cA�� GlA�ir1T/o1►� S,'ph BIDDER 1 BIDDER 2 BIDDER 3 Company: Company: Company: tilA Contact: h fo^ St wh Contact: ate: Contact: te: Telephone Numb r da L'1 D Telephone Number: Telephone Number: Fax Number: Fax Number: Fax Number: Quote Date: b 7 Quote Date: Quote Date: r PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTE Unit Price Total Price S� A y37.� Total Price , 6 Total Price Total Price .s 'n;'7' A / &?;rd Wi oA er ��� COO ACu rfmm� 4&'Y P U:\Admin Support\Public Works\pubwks shop forms, water,sewer, etc\Telephone Quote Form.doc Page 14 of 150 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4E Adoption of a Resolution Approving Amendment No. 1 to Contract No. Meeting Date: Prepared by: 038-15 with Kitsap County for Urban Atty Routing No.: Community Development Program Funds Atty Review Date Back to Agenda July 12, 2022 Charlotte Archer City Attorney 366922-0005 — Clerk N/A Summary: Congress enacted the National Affordable Housing Act, HOME Investments in Affordable Housing Program, as promulgated by the U.S. Department of Housing and Urban Development (hereinafter HUD) in 24 CFR Part 92, allowing units of general local government to enter into mutual cooperation agreements to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program. Consistent with that directive, on March 11, 2015, the City of Port Orchard executed Contract 038-15, an Interlocal Cooperation Agreement, KC-055-15, for the purposes of the Community Development Block Grant Program and the HOME Investment Partnership Program, with Kitsap County and the cities of Bainbridge Island and Poulsbo. Since the execution of the ILA, the City and its partners have continued to work cooperatively to effectuate the purposes of the agreement and desire to continue the partnership. Kitsap county has prepared an amendment to the ILA it to incorporate new statutory and regulatory provisions that HUD requires be included in any agreements of this type, pursuant to Urban County Requalification Notice CPD-22-07. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the adoption of a Resolution authorizing the Mayor to execute the Amendment to Contract No. 038-15, an Interlocal Agreement for the Community Development Block Grant Program and the HOME Investment Partnership Program. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute the Amendment to Contract No. 038-15, an Interlocal Agreement for the Community Development Block Grant Program and the HOME Investment Partnership Program. Fiscal Impact: Continued participation provides the City access to funding through the program. Alternative: Reject and provide alternative guidance. Attachment: Resolution, Exhibit A —Amendment, and Contract 038-15. Page 15 of 150 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO CONTRACT 038-15, AN INTERLOCAL AGREEMENT FOR URBAN COMMUNITY DEVELOPMENT PROGRAM FUNDS WITH KITSAP COUNTY AND THE CITIES OF POULSBO AND BAINBRIDGE ISLAND. WHEREAS, Congress of the United States of America enacted the National Affordable Housing Act, HOME Investments in Affordable Housing Program, as promulgated by the U.S. Department of Housing and Urban Development (hereinafter HUD) in 24 CFR Part 92, allowing units of general local government to enter into mutual cooperation agreements to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program; and WHEREAS, on March 11, 2015, the City of Port Orchard executed Contract 038-15, an Interlocal Cooperation Agreement, KC-055-15, for the purposes of the Community Development Block Grant Program and the HOME Investment Partnership Program, with Kitsap County and the cities of Bainbridge Island and Poulsbo; and WHEREAS, RCW Chapter 39.34, the Interlocal Cooperation Act, empowers local agencies to work cooperatively to effectuate municipal purposes; and WHEREAS, since the execution of the ILA, the City and its partners have continued to work cooperatively to effectuate the purposes of the agreement; and WHEREAS, the parties to the ILA desire to amend it to incorporate new statutory and regulatory provisions that HUD requires be included in any agreements of this type, pursuant to Urban County Requalification Notice CPD-22-07; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to authorize the Mayor to execute the Amendment; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute an Amendment to Contract 038-15, an Interlocal Agreement (KC 055-15A), attached hereto as Exhibit A and incorporated herein by this reference, in a form acceptable to the City Attorney. Page 16 of 150 Back to Agenda Resolution No. Page 2of2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 121" day of July 2022. F-AIS .115 Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 17 of 150 Back to Agenda KC-055-15A AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT FOR URBAN COUNTY COMMUNITY DEVELOPMENT PROGRAM FUNDS BETWEEN KITSAP COUNTY AND THE CITIES OF BAINBRIDGE ISLAND, PORT ORCHARD AND POULSBO WHEREAS, Kitsap Urban County (hereinafter referred to as "COUNTY"), a political subdivision of the State of Washington, and the cities of Bainbridge Island, Port Orchard and Poulsbo (hereinafter referred to as "CITIES"), municipal corporations of the State of Washington within Kitsap County, for the cooperation of units of local government under the authority of RCW 39.34 previously entered into an Interlocal Cooperation Agreement, KC-055-15, for the purposes of the Community Development Block Grant Program and the HOME Investment Partnership Program. WHEREAS, the Agreement was signed by Kitsap County on February 23, 2015, City of Bainbridge Island on February 24, 2015, City of Poulsbo on March 11, 2015, and City of Poulsbo on March 4, 2015 and became effective upon adoption by the parties and will continue until terminated as provided herein. WHEREAS, HUD allows for amendments to existing agreements to include new provision(s) based on statutory or regulatory changes, rather than drafting a new cooperation agreements, and it is necessary to modify Section 2.3 of the existing agreement to include new provisions. WHEREAS the County and the Cities agree to the modifications of such Agreement. NOW THEREFORE, in consideration of the mutual benefits contained herein, the Interlocal Cooperation Agreement is hereby modified as follows: SECTION 2. ACTIVITIES Delete: 2.3 The signatory parties agree that they will take all actions necessary to assure compliance with the urban county's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Urban County funding is prohibited for activities, in or in support of, any city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification. Noncompliance by a city included in an urban county may constitute noncompliance by the entire urban county which can, in turn, provide cause for funding sanctions or other remedial actions by the Department. KC-055-15A Cities ILA Page 18 of 150 Replace with: 2.3 The signatory parties agree that they will take all actions necessary to assure compliance with the urban county's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, the Fair Housing Act, and the implementing regulations at 24 CFR part 100, section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6 including Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 24 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 147, Section 3 of the Housing and Urban Development Act of 1968, and other applicable laws. Urban County funding is prohibited for activities, in or in support of, any city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification. Noncompliance by a city included in an urban county may constitute noncompliance by the entire urban county which can, in turn, provide cause for funding sanctions or other remedial actions by the Department. KC-055-15A Cities ILA Page 19 of 150 Back to Agenda THIS AMENDMENT constitutes the entire amendment to the agreement between the County and the Cities. All other terms and conditions of the Interlocal Cooperation Agreement remain in effect. THIS AMENDMENT is effective when signed by all parties. CITY OF BAINBRIDGE ISLAND JOE DEETS, MAYOR DATE: CITY OF PORT ORCHARD ROB PUTAANSUU, MAYOR DATE: CITY OF POULSBO BECKY ERICKSON, MAYOR DATE: KITSAP COUNTY BOARD OF COMMISSIONERS EDWARD E. WOLFE, CHAIR CHARLOTTE GARRIDO, COMMISSIONER ROBERT GELDER, COMMISSIONER DATE: ATTEST: DANA DANIELS, CLERK OF THE BOARD KC-055-15A Cities ILA Page 20 of 150 Back to Agenda KC-055-15A Cities ILA Page 21 of 150 Back to Agenda KC-055-15 INTERLOCAL COOPERATION AGREEMENT FOR URBAN COUNTY COMMUNITY DEVELOPMENT (PROGRAM FUNDS BETWEEN KITSAP COUNTY AND THE CITIES OF BAINBRIDGF: ISLAND, PORT ORCHARD AND POULSBO PROGRAM YEARS 2015 - 2016 AND AS HEREIN RENEWED This agreement is entered into between Kitsap Urban County (hereinafter referred to as "COUNTY"), apolitical subdivision of the State of Washington, and the cities of Bainbridge Island, Port Orchard and Poulsbo (hereinafter referred to as "CITIES"), municipal corporations of the State of Washington within Kitsap County, for the cooperation of units of local government under the authority of RCW 39.34. It will become effective upon adoption by the parties and will continue until terminated as provided herein, SECTION 1. RECITALS 1.1 WHEREAS, the Congress of the United States of America has enacted the National Affordable Housing Act, HOME Investments in Affordable Housing Program, as promulgated by the U S Department of Housing and Urban Development (hereinafter HUD) in 24 CIR Part 92, allowing units of general local government to enter into mutual cooperation agreements to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program (HOME Program); 1.2 WHEREAS, it is found that these objectives are pertinent to the concerns and needs of the COUNTY and of the CITIES; 1.3 WHEREAS, eligibility for HOME Investment Partnership funds is based upon criteria similar to the criteria for eligibility for Urban County designation for CDBG funds; 1.4 WHEREAS, the COUNTY and CITIES of Bainbridge Island, Port Orchard and Poulsbo have requested Urban "County" status under the CDBG Program and the City of Bremerton qualifies as a separate entitlement under the CDBG program; 1.5 WHEREAS, COUNTY sha€l administer the HOME program as well as the Urban County CDBG program and the CITY of Bremerton will administer its own CDBG program. Both of these programs will be included in the County Consortium's Consolidated Plan; 1.6 WHEREAS, the signatory political subdivisions to this agreement have determined that obtaining funding under the HOME Program will increase their ability to provide affordable housing for their low and moderate income residents; and 1.7 WHEREAS, the Department of Housing and Urban Development has specified the .minimum provisions which must be included within any intergovernmental agreement for the cooperating governmental bodies to qualify for Urban County eligibility. 1.8 NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the parties agree as follows: KC-055-15 ILA with BI Poulsbo and Port Orchard Page 1 Page 22 of 150 Back to Agenda SECTION 2. ACTIVITIES 2.1 This agreement. covers the CDBG Entitlement program and the Home Investment Partnership Program of the signatory parties. 2.2 The signatory parties agree to take affirmative action to further fair housing in their jurisdictions. Such actions may include planning, education and outreach, and enforcement components. 2.3 The signatory parties agree that they will take all actions necessary to assure compliance with the urban county's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Urban County funding is prohibited for activities, in or in support of, any city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with the county's fair housing certification. Noncompliance by a city included in an urban county may constitute noncompliance by the entire urban county which can, in turn, provide cause for funding sanctions or other remedial actions by the Department. 2A The signatory parties agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. 2.5 The signatory parties understand, that by executing the CDBG cooperation agreement, they: (a) may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the urban county's CDBG program; and (b) may receive a formula allocation under the HOME Program only through the urban county. Thus, even if the urban county does not receive a HOME formula allocation, the participating unit of local government cannot form a HOME consortium with other local governments. 2.6 The signatory parties understand that, pursuant to 24 CFR 570.501(b) they are subject the same requirements applicable to subrecipients, including the requirement of a written agreement described in 24 CFR 570.503 2.7 The signatory parties agree that each party has adopted and is enforcing: (a) a policy prohibiting the.use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (b) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent cavil rights demonstrations within jurisdictions." KC-OSS-1S ILA with BI Portlsbo and Port Orchard Page 2 Page 23 of 150 Back to Agenda SECTION 3. ADMINISTRATION 3.1 The COUNTY will administer both the Urban County's Community Development Block Grant Program and HOME Investment Partnership Program. 3.2 The CITIES are responsible for submitting in a timely manner to the COUNTY all information necessary for the Consolidated Plan, the HOME program description and certifications (24 CFR 92.150), and performance reports. The Consolidated Plan Annual Performance Report, HOME Annual Performance Report, and the Annual Consolidated Plan information shall be provided to the COUNTY by the dates specified by the COUNTY. 3.3 The COUNTY shall have decision making authority regarding the Consolidated Plan, the Urban County's annual Community Development Policy plan and annual project allocations consistent with the process in the Policy Plan as well as the HOME allocation process and plan. Development of the documents will require input from the CITIES and the participation of citizens appointed to an Advisory Board(s). Appointments will be made each year as follows: each Mayor shall appoint one citizen volunteer to each Board and each County Commissioner shall appoint one citizen volunteer to each Board. Representatives of the CITIES shall have the opportunity to attend a study session on the recommended grant awards prior to the COUNTY malting final awards. The COUNTY, however, has ultimate responsibility for selecting the Urban County's CDBG activities and the HOME activities and submitting the Consolidated Plan to the Department of Housing and Urban Development. SECTION 4. TERM OF THIS AGREEMENT 4.1 This agreement covers the CDBG Entitlement and Home Investment Partnership funds for fiscal years 2015 — 2016 and for such future fiscal years as this agreement is automatically renewed, along with such program income generated from the expenditure of said funds. 4.2 This agreement shall automatically be renewed at the end of each three-year qualification period, unless changes to the agreement are required by HUD that would require the execution of a new agreement, or if the COUNTY or CITIES provide written notice that they elect not to participate in the new qualification period. A copy of this notice must be sent to the HUD Field Office. The COUNTY, by the date specified in HUD's urban county qualification notice, shall notify the CITIES of their right not to participate in the new qualification period. A copy of this notice shall be sent to the HUD Field Office by the date specified in the urban county qualification schedule in Section II. 4.3 The signatory parties agree to adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to .submit such amendment to HUD as provided in the urban county qualification notice. A failure of any of the signatory parties to adopt such amendments will void the automatic renewal provision for such qualification period. 4.4 This agreement shall remain in full force and effect from the date of execution and approval by HUD until the CD13G and Rome funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. 4.5 The consortium members are required to remain in the consortium and cannot terminate or withdraw during the entire period, unless HUD revokes the designation as a participating jurisdiction in accordance with 24 CFR 92.107. KC-055-15 ILA with BI Poulsbo and Port Orchard Page 3 Page 24 of 150 Back to Agenda CITY OF BAINBRIDGE ISLAND Doug Schulze, City Manager DATE: CITY OF PORT ORCHARD Tim Matthes, Mayor DATE: CITY OF POULSBO Becky Erickson, Mayor DATE: KITSAP COUNTY BOARD OF COMNUSSIONERS d - ( - - q: �- � Robert 6elder, diair Edward E. Wolfe, Cbimmissioner NOTPRESENT Charlotte Garrido, Commissioner DATE: l t1 ATTEST: Dana Daniels, Clerk of the Board ' 1 cn KC -OS 5-15 ILA with BI Poulsbo and Port Orchard Page 4 Page 25 of 150 Back to Agenda CITY OF BAINBRIDCE ISLAND Anne S. Mair, Mayor DA l'. z � ,,-7 ' XS CITY OF PORTORCHARD Tim Mayor DA"11,: CITY OF POUL:SBO Beck%• l rickson. vlavor DATL.: KITSAP COUNTY BOARD OF COMMISSIONERS Robert Gelder, Chair Edward E. Wolfe, Commissioner Charlotte Garrido, Commissioner DATE: 4"l"TEST': Dana Daniels, Clerk of the Board KC-455.15 ll.A Mt.h Bl Poulsbo and Port Orchard Page 4 Page 26 of 150 Back to Agenda CITY OF BAINBRIDGE ISLAND Doug Schulze, City Manager DATE: CITY OF PORT ORCHARD Tim Matthes, Mayor DATE: 3 ' l ' YL_>�5 CITY OF POULSBO Becky Erickson, Mayor DATE: City of Port Ore-l�ffrd ATTEST: ;',���`,,r Brandy Rinearson, CMC, City Cle; k pDe S. AP. R AS _TO FORM: u�� + EIt 40 cam. KITSAP COUNTY BOARD OF COMMISSIONERS Robert Gelder, Chair Edward E. Wolfe, Commissioner Charlotte Garrido, Commissioner DATE: ATTEST: Dana Daniels, Clerk of the Board ort Orchard Interim City Attorney KC-OSS-15 ILA with BI Poulsbo and Port Orchard Page 4 Page 27 of 150 Back to Agenda CITY OF BAINBRIDGE ISLAND Doug Schulze, City Manage DATE: CITY OF PORT ORCHARD 'rim itilatthes, Mayor DATE: CITY OF POULSBO Becky E • ck on, Mayor DATE: J t4 1 `, KITSAP COUNTY BOARD OF COMMISSIONERS Robert Gelder, Chair Edward E. Wolfe, Commissioner Charlotte Garrido, Commissioner DATE: ATTEST: Dana Daniels, Clerk of the Board KC-055-15 ILA with BI Poulsbo and Port Orchard Page 4 Page 28 of 150 Back to Agenda CERTIFTCA ION I hereby find that the terms and provisions of this Intergovernmental Agreement are fully authorized under State and local Iaw, and that the Agreement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development and Dousing activities, specifically urban renewal and publicly assisted housing. TINA R. ROBINSON PROSECUTING ATTORNEY By: She] fey Kh6ip, Deputy Prosecuting Attorney KC-055-15 ILA with. BI Poulsbo and Port Orchard Page 29 of 150 Page 5 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of June 28, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Assistant Finance Director Zick, HR Manager Lund, Police Chief Brown, Community Development Director Bond, City Attorney Robertson, City Clerk Wallace, and Deputy City Clerk Floyd. Staff present via Zoom: Operations Manager Lang. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:01:06) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:02:11) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:02:44) Steve Sego, James Clough, and Robert Baglio spoke to the proposed parks impact fee, and voiced concerns which included taking a step back, gathering input from the community, and possiblytaking a phased approach. Page 30 of 150 Back to Agenda Minutes of June 28, 2022 PaRe2of7 4. CONSENT AGENDA (Time Stamp: 0:13:24) A. Approval of Voucher Nos. 84243 through 84274 and 84281 through 84300 including bank drafts in the amount of $234,812.84 and EFTS in the amount of $180,663.59 totaling $415,476.43. B. Approval of Payroll Check Nos. 84275 through 84280 including bank drafts and EFTS in the amount of $229,976.58 and Direct Deposits in the amount of $217.020.23 totaling $446, 996.81. MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp 0:13:49) A. Adopting the 2022 Comprehensive Plan Amendments Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 7:48 p.m. A. Adoption of an Emergency Ordinance Amending POMC 20.150 Stormwater Drainage, Retiring the 2014 SWMMWW References and Adopting the 2019 SWMMWW (Time Stamp: 0:16:59) MOTION: By Councilmember Chang, seconded by Councilmember Trenary, to authorize approval of an emergency ordinance amending Port Orchard Municipal Code Sections 20.150.060, 20.150.020, and 20.150.160, and setting an immediate effective date. The motion carried. (Ordinance No. 023-22) B. Adoption of an Ordinance Adopting the 2022 Comprehensive Plan Amendments (Time Stamp: 0:21:06) MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi to approve an ordinance adopting the 2022 amendments to the City's Comprehensive Plan, as presented. The motion carried. (Ordinance No. 024-22) Page 31 of 150 Back to Agenda Minutes of June 28, 2022 PaRe3of7 C. Adoption of an Ordinance Amending POMC Chapter 20.182 and Adopting an Updated Parks Impact Fee Rate Schedule (Time Stamp 0:22:47) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance amending POMC 20.182 and establishing a new Park Impact Fee rate schedule as presented. Councilmembers spoke to the proposal and suggested bringing forward for more discussion and provide a phased plan to the public. AMENDED MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to postpone this until July 2611 with discussion during the July 19th work study meeting. The amended motion carried. D. Adoption of an Ordinance for McCormick Woods Phases III, IV, and V Preliminary Plats Development Agreement for the Extension of Term and Revisions to Vested Development Standards (Time Stamp 0:43:56) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve an ordinance approving the McCormick Woods Development Agreement amending the performance standards and extending the term established in the development agreement associated with McCormick Woods Phases III, IV, and V Preliminary Plats recorded on September 16, 2013. The motion carried. (Ordinance No. 021-22 and Amendment No. 1 to Contract No. 069-13) E. Adoption of an Ordinance for McCormick West Development Agreement for Extension of Term and Revisions to Vested Development Standards (Time Stamp 0:48:28) MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve an ordinance authorizing the mayor to execute a development agreement with McCormick Communities LLC, amending contract 085-11 concerning McCormick West as presented. The motion carried. (Ordinance No. 022-22 and Amendment No. 1 to Contract No. 085-11) F. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget (Time Stamp 0:51:09) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an ordinance amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20. The motion carried. (Ordinance No. 025-22) Page 32 of 150 Back to Agenda Minutes of June 28, 2022 Page 4 of 7 G. Adoption of an Ordinance Authorizing Positions of Deputy Director Community Development and Plans Examiner/Building Inspector II (Time Stamp 0:56:18) MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to adopt an ordinance authorizing the creation of two new positions, Deputy Director Community Development and Plans Examiner/Building Inspector II, and authorizing the Mayor to develop job descriptions consistent with the attached general qualifications and duties. The motion carried. (Ordinance No. 026-22) H. Approval of Memorandum of Understanding with Teamsters Local 589 Representing Municipal Court Employees (Time Stamp 0:59:12) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson to authorize the Mayor to sign an MOU with the Teamsters Local No. 589 representing Municipal Court Employees to modify language in Article 14 of the collective bargaining agreement. The motion carried. (MOU No. 1 to Contract No. 022-22) I. Adoption of a Resolution Repealing Resolution No. 1730 and Establishing a New Policy and Procedure for Drug and Alcohol Testing for Employees with CDLs (Time Stamp 1:00:55) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt a Resolution repealing Resolution 1730, and adopting a Drug and Alcohol Testing Policy and Procedure Manual for employees who are required to have and maintain a commercial driver's license. The motion carried. (Resolution No. 064-22) J. Approval of Road Closures for a Special Event: Cruisin' Sunday Car, Truck, and Bike Show (Time Stamp 1:04:47) MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to approve the road closures for the Bike Show scheduled for Sunday, taking place on August 28, 2022, as presented. The motion carried. K. Approval of Amendment No. 2 to Contract No. 038-21 with Katy Isaksen & Associates for the 2021 Utility Financial Program (Time Stamp 1:08:45) Page 33 of 150 Back to Agenda Minutes of June 28, 2022 Paee 5 of 7 MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to authorize the Mayor to execute Amendment No. 2 to Contract No. C038-21 with Katy Isaksen & Associates for 2021 Utility Financial Program in the amount of $18,000, for a total amended contract value of $46,000. The motion carried. L. Approval of Amendment No. 3 to Contract No. 053-19 with Robinson Noble, Inc. for the 2019- 2020 ESSB 6091 Foster Pilot Project Services (Time Stamp 1:12:08) MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to authorize the Mayor to execute Amendment No. 3 to Contract No. C053-19 with Robinson Noble, Inc. for 2019-2020 ESSB 6091 Foster Pilot Project Services in the amount of $138,957, for a total amended contract amount of $463,857. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) A. Council Attendance Requirements (Time Stamp: 1:17:47) Mayor Putaansuu said this was discussed at the last meeting. Three Councilmembers recommended 6 remote meetings a year and three Councilmembers recommended 2 remote meetings a year. Councilmember Cucciardi was absent at that meeting and Mayor Putaansuu asked him to share his recommendations. Councilmember Chang reminded Council that they also discussed 4 remote meetings a year and continuing with 4 meeting absences a year. Councilmember Cucciardi recommended 4 remote meetings and 4 Council absences a year. Council Direction: No direction was given to staff. B. WSUD and Bremerton Water Utilities Taxes (Time Stamp 1:19:45) Mayor Putaansuu noted our utilities, water/sewer/storm, have a 5% tax. Citizens who live in other service areas like West Sound Utility District, do not pay the 5% tax. He remembers direction from the City Council Retreat, that from an equity standpoint, all our citizens should pay this tax. We have a six-month notification requirement to West Sound Utility District to build into next years budget. We intent to send a letter to them that we would like to request that tax next year. For our Bremerton utility customers, we are developing a franchise agreement that the tax will be included into. Page 34 of 150 Back to Agenda Minutes of June 28, 2022 PaRe6of7 Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:21:38) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet July 19th. The Utilities Committee is scheduled to meet July 121h. The Land Use Committee is scheduled to meet July 201h. The Sewer Advisory Committee is scheduled to meet August 17th Councilmember Clauson reported on the June 27th Finance Committee meeting. Councilmember Chang reported on the June 281h Transportation Committee meeting. Councilmember Lucarelli reported the Festival of Chimes and Lights Committee is scheduled to meet July 18th Mayor Putaansuu also reported on Housing Kitsap audit requirements. 10. REPORT OF MAYOR (Time Stamp 1:27:00) The Mayor reported on the following: • Community Center updates and seawall; • Association of Washington Cities conference; • City of Port Orchard catch phrases; • July 191h work study meeting discussions; and • Camping on public property. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:37:42) Police Chief Brown thanked Council and Mayor for their support on his three-week training, and credited Deputy Chief Main for doing a phenomenal job in his absence. In response to Councilmember Rosapepe, Chief Brown provided a an update on police recruitment. Mayor Putaansuu reported on paving and road work contracts. Operations Manager Lang reported on public works projects and damage to the City's skid steer. City Clerk Wallace reported she is working on public records request JLARC [Joint Legislative Audit & Review Committee] reports. 12. CITIZEN COMMENTS (Time Stamp: 1:47:36) Page 35 of 150 Back to Agenda Minutes of June 28, 2022 PaRe7of7 Ken Durham voiced displeasure with continuing to have to pay for garbage when he does not generate any. He also pointed out that due to a new development, Magnolia Ridge, his driveway has been washed out twice. Lastly, he spoke to property values. 13. GOOD OF THE ORDER (Time Stamp 1:51:43) A brief discussion was held between Council, Mayor, and staff regarding park impact fees. Councilmember Rosapepe reported that Bob Smith, editor of the Port Orchard Independent, is retiring and wrote a favorable article about Port Orchard. 14. EXECUTIVE SESSION There was no executive session. 15. ADJOURNMENT The meeting adjourned at 8:28 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 36 of 150 Back to Agenda BUDGET CALENDAR 2022 CALENDAR FOR PREPARATION AND ADOPTION OF 2023-2024 JUNE-JULY AUGUST BIENNIAL BUDGET • Develop Budget Schedule • Update City Comprehensive Plan • Review Priorities and Policy direction from Council Biennial Budget Study Session • Mayor discusses 2023-2024 fiscal year goals with Department Heads • Personnel Salary and Benefits projections for 2023-2024 • Budget instructions provided to Dept for their proposed 2023-2024 budget • Finance Director prepare estimates for revenue and ending fund balance • Finance Director set schedule for Sept meeting with Dept Heads SEPTEMBER • Dept Heads submit budget and supplemental requests to the Finance Department • Finance Department reviews Dept Budget Worksheet Report/Requests • Mayor and Finance Dept review Budget Worksheet Report/Requests • Finance Director and Mayor meet with Dept Heads to review budget requests • Finance Department prepares Preliminary Budget Publication OCTOBER • Publication of notice of availability of the 2023-2024 Preliminary Budget for public review and public hearing notice for the proposed final budget to be published • Oct. 1- Preliminary Budget delivered to the City Council and available to the public • Oct. TBD- Finance Committee Meeting to Review Preliminary Budget • Oct. 18- Council Meeting — Presentation on Revenue Sources Oct. 18- Council Study Session regarding Preliminary 2023-2024 Budget, and Public Hearing on the Preliminary 2023-2024 Budget • Oct. 25- Council Meeting - Public Hearing on 2023 Property Tax Levy • Oct. 25- Council Meeting- adopting an Ordinance for the 2023 Property Tax Levy • Oct. 28- (TBD) All day Council Special meeting: Department budget review NOVEMBER • TBD-Finance Committee meeting to review the Proposed Final budget • Copies of Proposed Final budget made available to the public • Nov. 22- Council Study Session on Proposed Final budget • Nov. 29- Council Meeting: Public hearing of the Final 2023-2024 Budget Ordinance • Nov. 29- Council meeting Adopting the 2023-2024 final budget Page 37 of 150 1284 Back to Agenda ORCHARD City of Port Orchard: City Council Retreat Summary March 11, 2022 1 9:00 a.m. — 3:00 p.m. I Port Orchard City Hall ACTION ITEMS ResponsiblePerson , Mayor Putaansuu Contact Congressmember Kilmer --- regarding funding to address sea level rise on Bay Street. City Councilmembers Send Sophie Glass (Facilitator) Friday, March 18 the ranked list of budget items. Sophie Glass, Facilitator Compile ranked budget items Friday, March 25 and develop meeting summary. City Clerk Reformat City organizational --- chart. Mayor Putaansuu Reach out to animal control --- regarding responsiveness. PRESENTATION BY MAYOR Mayor Putaansuu welcomed the Port Orchard City Council to their 2022 Annual Retreat. He explained that the purpose of this retreat was to discuss key policy directives and prioritize budget requests for the 2022-2023 budget. He then provided status updates of existing projects within Port Orchard. Below is a summary of questions and answers. • Question: Will the new clock tower be digital? o Answer: Yes • Question: What is the status of Port Orchard merging police/sheriff facilities with Kitsap County? o Answer: This effort is not moving forward. • Question: How will the City handle the lack of office space in City Hall? o Answer: The City will rely on teleworking and will potentially use conference rooms to address office shortages. The Mayor is open to using the Community Center for City - related functions. o Discussion: There were concerns about shifting city meetings to the Community Center. • Question: How will the Marina Pump Retrofit affect parking downtown? And will it include shoreline restoration? o Answer: It will limit parking. No shoreline restoration as part of this Marina Pump Retrofit. • Question: When is WSDOT constructing the roundabouts? o Answer: Beginning in 2022. • Question: How is Crawford Road Abatement coming along? o Answer: It is paused. Page 1 of 3 Page 38 of 150 1284 Back to Agenda ORCHARD • Question: What is the status of Kitsap County's Courthouse remodel? o Answer: The County is rethinking the design based on the possibility of doing virtual hearings. The City Council also briefly discussed the following topics: • There was a discussion regarding the Bay Street sea level rise and whether the City can receive federal funds. Mayor Putaansuu is in touch with Sen. Murray and can reach out to Rep. Kilmer. • The status of RVs in Veterans Memorial Park. • The progress towards completing Mile Hill Shelter. • The status of the Heron's View project. • Concerns about reliance on Real Estate Excise Tax (REET) for funding City projects. • Concerns about mill and fills and whether they are good investments. POLICY DIRECTIVES AND BUDGET ITEMS Mayor Putaansuu reviewed a list of policy directives and potential budget items. Below is a summary of the City Council's discussion. No decisions were made during this retreat. .. Election process Upload the flyer used at the "Throw Your Hat in the Ring" event to the City's website. Reminder: Kitsap County oversees elections. Candidacy is determined by the RCW. Appeals are needed to challenge residency claims. Public Comment As part of Mayor's Report there will be a summary of the number of comments made at the previous meeting and whether staff have addressed those items. The Clerk can add a reminder to City Council meeting agendas about proper public comment protocols (comments, not Q&A). Public commenters can be encouraged (but not required) to share their name and if they live in Port Orchard. Body worn Develop policies for body worn cameras. cameras Utility taxes Increasing enterprise fund taxes by 3% and charging the taxes to Bremerton & West Sound customers yields $489,37S. This can help generate sufficient revenue for street preservation and maintenance ($1,S26,440). Property tax Disseminate an unbiased survey to Port Orchard residents to rank challenges levy facing the City and gauge interest in a parks levy. Note: If the City wants to create a parks levy, it needs to file by Aug. 2. Impact fees Compile a list of all impact fees that the City is charging. Transportation Hire a consultant to analyze a potential Transportation Benefit District sales tax Benefit District for Bethel (1/10th sales tax yields $1.6M per year; $32M over 20 years). Annexation Further explore the possibility of annexation via interlocal agreement (ILA). Conduct public outreach and distribute a survey to areas that will potentially be annexed via ILA. The City Council needs to reach agreement by summer 2022 about whether and how to move forward with annexation. Page 2 of 3 Page 39 of 150 1284 Back to Agenda ORCHARD TopicGeneral Potential Policy Communications Reinstate Mayor's quarterly newsletter Communications Customize utility statements to promote website and social media. Also promote website and social media on surveys. Homelessness Track homelessness funding opportunities from WA state. Homelessness Continue to invest in Homes of Compassion -type support. In -person vs. Work Study and committees can be held virtually into the future. Begin in - virtual meetings person City Council meetings when A/V hybrid technology is available and functional. Individual committees can decide to meet in person and adjust the time of their meeting if needed. BUDGET PRIORITIES Following the retreat, City Councilmembers sent their ranked priority items for the upcoming budget cycles, with 1 being the highest and 6 being the lowest. Below is the result of the ranking exercise. Item in Ranked Order 2021-2022 2023-2024 2025-2026 Total Funds Funds Funds P. 1. Hire 1-2 additional police officers TBD 13 2. 60% Design for Bay Street - Fredrick to $1M 16 Geiger (Schedule 74, Sewer, Water, & Storm) 3. Hire mid -level manager/supervisor for TBD 26 the Operations Department 4. Orchard Public Plaza $2M 29 5. New code enforcement officer with TBD 30 appropriate skills to support people experiencing homelessness 6. Body -worn cameras and associated $66K per 33 software/ hardware year; $330K over 5 years * The lower the point value, the higher it was ranked. WRAP UP AND ADJOURN Mayor Putaansuu closed the retreat by thanking City Councilmembers for their participation. The retreat adjourned at 3 PM. See Attachments A-E for materials provided during the retreat. Page 3 of 3 Page 40 of 150 Back to Agenda Retreat Topics Presentation by Mayor — Status of existing projects (60 Min) Exhibit 1 Break (15 Min) Discussion Items - Two buckets Policy Directives & Budget Items Election Requirements Public Comment at Council Meetings Staffing Shortages Global — Mid level management positions Police staffing analysis of needs — Puyallup Report Body worn cameras —5-year contract $66K per year, $330K over 5- years. Start the process now to implement in 2023. 60% Design for Bay Street — Fredrick to Geiger (Schedule 74, Sewer, Water & Storm) $1M (25% enterprise funds) Exhibit A Orchard Public Plaza $2M (50% RCO Grant) Park Impact Fees for local match 2025-2026 Budget Process Street paving and maintenance Exhibit E Utility Taxes Discussion Exhibit B The Transfer of Veterans Park to the City — Amend Parks Plan? Transportation Benefit District sales tax for Bethel and/or the creation of a Parks District (1/10t" sales $1.6M per year $32M over 20 years) Annexation via ILA Exhibit C Costs related to special events Exhibit D Page 41 of 150 Back to Agenda Communications Homeless Discussion Homeless encampments clean up funding $100K in abatement funds available in current budget (Daily operations & cleanup efforts) — Additional staff member in 2023 Growth In person and Zoom meetings City Council Priorities for the 2022 — 2023 Budget Process (60 Min) Page 42 of 150 Back to Agenda CITY OF PORT ORCHARD Department of Community Development Ahk 216 Prospect Street Port Orchard, WA 98366 Phone (36o) 874-5533 - Fax (36o) 876-498o Memorandum To: The City Council From: Nicholas Bond, AICP Date: February 15, 2022 Re: 2022 Department Activity and Projects 2022 Department of Community Development Outlook The Department of Community Development is currently seeing unprecedented permitting activity while managing a high number of projects. Over the next 3-6 years, the Department expects to see enough housing constructed to accommodate between 5,000 to 10,000 residents. Currently, 1,959 housing units are in active permit review, site development, or construction and another 2,589 units approaching an active phase of development. At the same time, the City is working on several other long range planning projects and is gearing up for the 2024 Comprehensive Plan Update. Department projects are described by DCD subgroup below. Permit Center Camino Software Rollout: Software purchased 01/22. Working with Camino to create online forms and rollout online submittals. Succession Planning: Permit Center Manager is planning to retire in the next 18-30 months. We are working to teach our permit tech how to do many of these tasks to prepare for the loss of this critical staff member. Addressing: We have added a 0.5 FTE to the Permit Center and have assigned responsibility for addressing to this position. Training is underway. Permitting Activity: The permit center is processing record permit volumes. tasks. Page 43 of 150 Page 1 of 3 Back to Agenda Planning South Kitsap Community Event Center: The management of the CEC project has been assigned to DCD including: Contract Amendment #5 Seawall Contract Amendment #6 Construction Drawings and Permitting KPFD Contract Amendments Bay Street Grants and Planning (Frederick to Robert Geiger) RCO Grants: The City will be submitting the recently approved parks plan for certification with the RCO and will be applying for grants this spring. McCormick Village Phase 3 Orchard Street Plaza/CEC related improvements Housing Action Plan Grant: The City has applied to the Department of Commerce to receive funds for a housing action plan. If successful, this work will form the basis of the housing element for the 2024 comprehensive plan. Comprehensive Plan Update Transportation Consultant — Under contract, work has commenced. 2022 Comprehensive Plan Amendments: Annual Amendments have been initiated including: Parks Plan TIP Update CFP Critical Areas Code Update: City to select consultant in mid-2022. May need to hire planning consultant to assist with plan update depending on continued volumes. Depending on legislation, significant funding for the 2024 Comprehensive Plan update may be provided by the State. KRCC Growth Targets: Work continues on target setting at KRCC. PRSC Regional Staff Committee: Port Orchard continues to attend regional staff committee meetings as a representative for Other Cities in Kitsap County. 2022 Subarea Plan — Bethel Lund: This project is funded in the 2022 budget but has not started. Hoping to start consultant selection process in mid-2022. Fireworks: Hearing tentatively scheduled for mid -March. MFTE Revisions: The state has changed the rules for MFTE. In addition, some additional revisions to the City's program may be needed. Work to commence in Q3 2022. Possible Annexation: The City continues to explore an annexation by ILA with Kitsap County. This issue is closely linked to the population growth target setting work. Page 44 of 150 2 Back to Agenda Utility Tax Ordinance: DCD has assisted the Finance Department with a review of the City's Utility Tax system. Contract Negotiations: DCD continues to assist/lead the following negotiations: Bremerton Franchise Agreement McCormick Water CFC Credit Agreement McCormick Woods Development Agreement McCormick West Development Agreement Haven Townhomes Development Agreement Crown Castle Lease Amendment and Extension Code Updates: DCD is currently working on the following code revisions: ADU Owner Occupancy Requirements Cell Phone Tower Zoning Streamlining Design Guidelines Code Enforcement Homelessness: The City's code enforcement officer continues to respond to a surge of new homelessness complaints. Veterans Park: The City's code enforcement officer continues to lead the effort to compel the County to clean up Veterans Park. Crawford Road Abatement: The City continues to work to clean up Crawford Road. Toolkit: The City's code enforcement officer is working to create a toolkit for code enforcement for situations where unhoused individuals are residing on property under code enforcement. Stormwater Enforcement: The code enforcement officer is spending significant time between September and February every year helping to enforce erosion control standards on development. Page 45 of 150 3 Back to Agenda Citizens of Port Orchard ORCHARD, Employees:98 Council Mayor [Supervises 6] Municipal Court Organization chart b Employees: 6 Legislative Executive Judicial Employees:2 Employees: 12 Employees:2 Employees: 12 1 1 1 I ICity Clerk Community Development Human Resources Manager Judge (0.6) Finance Director I Director [Supervises 71 I I [Supervises 2] Deputy City Clerk Human Resources Specialist Court Administrator Senior Planner (2) Lead Court Clerk Assistant Finance Director Network Administrator Associate Planner [Supervises 81 I Court Clerk (2.6) Accounting Assistant III/ IT Support Specialist Assistant Planner IT Specialist Accounting Assistant III (2) Code Enforcement Officer Accounting Assistant II (4) Building Official Permit Center Manager Accounting Assistant I Building Inspector Permit Technician Employees: 32 1 Permit Clerk (2) Public Works Director/ City Engineer [Supervises 5] Operations Manager Assistant City Engineer Utility Manager Office Assistant II [Supervises 20] [Supervises 4] [Supervises 2] Employees: 30 Procurement Specialist I Foreman Civil Engineer II Stormwater Program Manager Police Chief [Supervises 91 Coordinator (3) Civil Engineer I Utilities Compliance Specialist Mechanic (2) GIS Specialist/Development Community Health Navigator Deputy Police Chief Review Assistant {Supervises 41 Personnel (12) Project Coordinator/Inspector Parking Enforcement Officer (2 PT) Sergeants (4) Electrician Police Services Coordinator Patrol Officer (17) Laborer (2) Police Records/Evidence Reserve Police Officer Specialist (3.7) Seasonal Laborer Page 46 of 150 Back to Agenda Project FACILITIES City Hall Reskin Community Events Center \A/ATCQ Splash Pad Retrofit South Shed Water Tower Removal Well #11 Upgrades Well #12 - HOLD (Foster) Well #13 Upgrades - HOLD (Foster) 390 Zone PRV's - HOLD (Foster) McCormick 390-580 Intertie Glenwood 390-580 Intertie Melcher Booster Retrofit New 390 Booster Sroufe AC Water Main Replacement 580 Reservoir 660 Reservoir New 580 Water Main CC\A/CQ Marina Pump Station Retrofit Pump Station Controls Upgrades TRANSPORTATION Bay Street Pathway - RW Phase Notes Bid as Ph 1 Materials & Ph 2 Retrofit (Fall) DWSRF $8.5M Loans Awarded McCormick Communities - CFC Credits HOLD McCormick Communities - CFC Credits PWB PWB Emergency Repair McCormick Communities - CFC Credits McCormick Communities - CFC Credits McCormick Communities - CFC Credits PWB Bay Street Pathway 90 - 100% Incl. CN Permitting Bay Street Pathway - CN Phase Obligate $3M in Early 2023? Lippert Sidewalk & Pavement Repair CDBG Award $254.K Bethel & Lincoln RAB $1.5M HSIP & $1.11VI TIB Pottery Complete Street Old Clifton Non -Motorized Design by Staff Bay Stret - Geiger to Frederick Retreat Topic Bethel Phase 1 Design Total project cost $6.51VI Funded $470,000 $8.1M $ 13.8 million $8.2M $250,000 TBD $ 9 milion TBD TBD TBD TBD TBD $500,000 $650,000 $100K Unfunded Potential Funding Sources Debt Grants/Reet/Park Impact Fees/Debt lii�i7 TBD Developer Funded TBD DWSRF (will apply for $8.OM Loan in Fall 2022) TBD DWSRF (will apply for $8.OM Loan in Fall 2022) TBD TBD Developer Funded TBD TBD Water CFC Credit Water CFC Credit Water CFC Credit Water CFC Credit Water CFC Credit Water CFC Credit $15 million $800,000 $3,825,000 $500K $2,900,000 $2.11VI $556,000 $4,370,000 $750,000 $4.2M $250,000 $1M Water Operating Fund REET / Budget Amendment? REET/Park Impact Fees Grant funding for construction 2022 Grant Application Impact Fees Page 47 of 150 . . . . . . . . . . --------- ........ lii�' lie - 4Fr-- Ar r -- . 4 4 'o 40 Owl d6L .6 pr To, mommEHIMISIMMIN MOON moommosooff monammum.. ISO 0-917 NORMAN IIMMMMMMMM�. NEAR MI So no it Ii MI 00 00 mosoushmi No no No 80 so No Im is J MMMMMMMF4-. AREAL As A OMAN MOURNE WARELL. 'MGMMMMMMA' no VARNMENG MONONA 0 A ARMARMARAMMUMMI 49 IMMERMARAMMEHMAIM11111111 ---wmmMMMMMMMMMMM on 0 6 L4 innepw 19C Downtown Port Orchard 1-07-2022 Back to Agenda RE Bay Street at Orchard Ave. ~R .I tk . . ........ A-T---- -- Flooding at commercial business at 624 Bay St. .� — r gZA �• e Page 49 of 1 1h6 Bay Street, approaching Bethel Ave. Creek overflowed into road. Back to Agenda Page 50 of 150 Rne-k fn Arraneln L i ( / � f-- / z w r SK COMMUNITY % Uj � � o� EVENT CENTER ir w ' \ AM BAY STREET ST 16,. \ w I. UDY STATE ROUTE 166 (SR-166) 0-0010 I RE -ALIGNMENT ANALYSIS F.F. _ I PORT ORCHARD, WA / \ \ OPANE CON( � /� � � \ , , W ANKS � , A / �� /� \' TYPE: CURVES W/ TANGENT �`SPEED LIMIT - 20 MPH D o / CENTER LINE - 100 R 9 h Q \ V� \ / SUPER ELEVATED -YES o v vLT Ne T FT \ / o DATE. 1/6/2022 DRAWN BY. BJB/KPFF 01 \4 o \ , A \ Ask f \ / i - � / >� 7 / w w Dw ate, / I 2 I II \ I II \ ..z i WALOK LANE LA�E I LANE I W LOK I \ — \ s 3�.0, N F Ei FCRB4 ------------- 11144.0' I I IIV� EXIST ROAD W 75.0' (ROW) W v o N oo \ N I �' I I\ 1 I_ Cw o I ASPH o � N °a w I I , N s- �— ROBERT GEIGER - - - - _ ROAD ASPH t - n ASPH v i v �Cw r i i i 4 XHIBIT 1 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Subject: Adoption of an Ordinance Amending the 2021-2022 Biennial Budget Meeting Date: July 12, 2022 Prepared by: Noah D. Crocker Finance Director Atty Routing No: 366922-0007 — Finance Atty Review Date: July 8, 2022 Summary: The City Budget is written to capture revenue and expenses over the fiscal period. During the biennial period, changes to the budget in both revenue and expenditures need to be recognized by a Budget Amendment. By this Ordinance No. OXX-22, the City Council would amend the 2021 — 2022 Biennial Budget, as adopted by Ordinance No. 035-20 and amended by Ordinance No.015-21, Ordinance No. 032-21, Ordinance No. 050-21, Ordinance No. 056-21, Ordinance No. 065-21, Ordinance No. 007-22, Ordinance No. 011-22 and Ordinance No. 025-22. The proposed budget amendment is intended to provide the following: 1) Fund 001: Current Expense Fund Increase revenue by $75,000 for Housing Action Plan Implementation (HAPI) grant with Dept of Commerce b.lncrease expenses by $75,000 for Housing Action Plan Implementation (HAPI) grant with Dept of Commerce c. Increase revenue by $1,410,539 for ARPA d.Increase expenses by $135,000 for IT Server Replacement and Implementation e.Increase expenses for Building Inspection Services $210,000 f. Increase transfers out to Fund 433 Sewer Capital in the amount of $1,410,539 representing that the City's full payment of funding from the American Rescue Plan Act (ARPA) for 2022 is being allocated to Marina Pump Station g. Reduce Ending Fund Balance by $345,000 2) Fund 002: City Street Fund a. Reduce revenue by $244,580 for CDBG grant as it is being re -budgeted to Fund 304 for Lippert Sidewalk Improvements b.Reduce expenses related to the CDBG grant funds of $244,580 for the sidewalk improvements c. Reduce expenditures authority for 2021 for road services by $330,000 d.Increase expenditures authority for 2022 for road services by $330,000 Page 52 of 150 Back to Agenda JLdI I nuPUI L /A Page 2 of 6 3) Fund 103: Criminal Justice Fund a. Increase expenditure authority for the Body Worn Cameras for 2022 in the amount of $60,000 b.Reduce 2022 ending fund balance by $60,000 reflecting impact 4) Fund 107: Community Events Fund a. Reduce 2021 expenditure authority by $34,438 b.lncrease 2022 expenditure authority by $34,438 5) Fund 109: Real Estate Excise Tax Fund a. Increase transfer out to Fund 304 for the Bay Street Pedestrian Pathway ROW acquisition in the amount of $1,500,000 b.Reduce 2022 ending fund balance by $1,500,000 reflecting impact of the transfer 6) Fund 111: Impact Fee a. Increase 2022 Park Impact Fee Revenue by $200,000 b.lncrease transfer out to Fund 304 for the TIP 1.15 Pottery Ave Non -Motorized $40,000 from Transportation Impact Fees c. Increase transfer out to Fund 302 for the McCormick Woods Splash Pad $420,000 from Park Impact Fees d.Reduce 2022 ending fund balance by $260,000 7) Fund 302: Impact Fee a. Increase transfer in to Fund 302 for the McCormick Woods Splash Pad $420,000 from Park Impact Fees b.lncrease expenditure authority in Fund 302 for the McCormick Woods Splash Pad by $420,000 8) Fund 304: Street Capital Projects a. Increase transfers in from Fund 109 for the Bay Street Pedestrian Pathway project in the amount of $1,500,000 for 2022 acquisitions b.Increase revenue by $254,350 for CDBG grant for TIP 1.13 Lippert Sidewalk Improvements c. Increase revenue by $650,000 for TIB Complete Street Grant for TIP 1.15 d.lncrease transfers in from Fund 111 from TIP 1.15 Pottery Ave Non -Motorized $40,000 e. Reduce revenue in 2021 by $827,237 for Bay Street Pedestrian Pathway ROW f. Increase revenue in 2022 by $827,237 for Bay Street Pedestrian Pathway ROW g. Increase expense authority by $254,350 for work related to TIP 1.13 Lippert Sidewalk h.lncrease expenditure authority for the TIP 1.15 Pottery Ave Non -Motorized in the amount of approximately $690,000 i. Increase expenditure authority in 2022 for the Bay Street Pedestrian Pathway ROW acquisition in the amount of approximately $2,388,400 ($1,500,000 and $888,400) j. Reduce expenditure authority in 2021 for the Bay Street Pedestrian Pathway ROW acquisition in the amount of approximately $888,400 9) Fund 413: Water Capital a. Reduce expenditure authority in 2021 by $31,100 for McCormick Reservoir Payment and/or McCormick Woods Note b.lncrease expenditure authority in 2022 by $31,100 for McCormick Reservoir Payment and/or McCormick Woods Note Page 53 of 150 Back to Agenda J LdII RC PULL /A Page 3 of 6 10) Fund 414: Water Debt Service a. Reduce transfers in 2021 by $31,100 for McCormick Reservoir Payment b.Increase transfers in 2022 by $31,100 for McCormick Reservoir Payment c. Reduce Expenditure authority in 2021 by $53,265 for debt payments and adjust for correct GL coding d.lncrease expenditure authority in 2022 by $53,265 for McCormick Reservoir Payment and McCormick Woods Note 11) Fund 421: Storm Drainage Operating a. Increase expenditures by $49,000 for TIP 1.13 Lippert b.Reduce 2022 ending fund balance by $49,000 12) Fund 431: Sewer Operating a. Increase expenditures by $468,000 to account for additional expenses in 2021 and 2022 related to On -call services, Pass through contracts, Monthly Utility taxes, State Utility taxes, and the Pottery lift Station project b.Reduce 2022 ending fund balance by $468,000 13) Fund 433: Sewer Capital a. Increase transfers in from Fund 001 Current Expense in the amount of $1,410,539 representing the full payment of the City's allocated ARPA funding for 2022 being allocated to Marina Pump Station b.Increase ending fund balance in the amount of $1,410,539 14) Fund 632: Wastewater Utility a. Establish Beginning Fund Balance @ $2,861,414 b.Establish 2021-2022 Revenues @ $5,070,500 c. Establish 2021-2022 Expenses @ $2,252,000 d.Establish Ending Fund Balance @ $5,679,914 Recommendation: The Finance Director recommends adoption of Ordinance No. OOX-22, amending the 2021-2022 Biennial Budget. Relationship to Comprehensive Plan: Ord. 024-22, Comp Plan Updates 2022 Transportation Improvement Plan No. 1.1, No. 1.13 and 1.15 Motion for consideration: I move to adopt an Ordinance amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20 and as amended. Fiscal Impact: See Table below Alternatives: Do not authorize and provide alternative guidance Attachments: Ordinance. Page 54 of 150 Back to Agenda DWI nUPUIl /A Page 4 of 6 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 002 - City Street Fund (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 1,479,291 $ - $ 1,479,291 Revenue $ 6,121,880 $ (244,580) $ 5,877,300 Expense $ 7,155,472 $ (244,580) $ 6,910,892 Ending Fund Balance $ 445,699 $ $ 445,699 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 103 - Criminal Justice (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 377,608 $ $ 377,608 Revenue $ 491,900 $ $ 491,900 Expense $ 584,325 $ 60,000 $ 644,325 Ending Fund Balance $ 285,183 $ (60,000) $ 225,183 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 107 - Community Events (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 212,002 $ $ 212,002 Revenue $ 200,000 $ $ 200,000 Expense $ 207,040 $ $ 207,040 Ending Fund Balance $ 204,962 $ $ 204,962 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 109 - Real Estate Excise Tax (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 3,266,592 $ - $ 3,266,592 Revenue $ 2,927,400 $ - $ 2,927,400 Expense $ 2,552,200 $ 1,500,000 $ 4,052,200 Ending Fund Balance $ 3,641,792 $ (1,500,000) $ 2,141,792 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 111 - Impact Fee (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 2,311,467 $ - $ 2,311,467 Revenue $ 1,995,001 $ 200,000 $ 2,195,001 Expense $ 2,800,000 $ 460,000 $ 3,260,000 Ending Fund Balance $ 1,506,467 1 $ (260,000)1 1,246,467 Page 55 of 150 Back to Agenda DWI nUPUIl /A Page 5 of 6 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 304 - Street Capital Projects (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 1,732,515 $ - $ 1,732,515 Revenue $ 6,171,333 $ 2,444,350 $ 8,615,683 Expense $ 6,925,400 $ 2,444,350 $ 9,369,750 Ending Fund Balance $ 978,448 $ $ 978,448 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 414 - Water Debt (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ - $ $ - Revenue $ 840,250 $ $ 840,250 Expense $ 840,250 $ $ 840,250 Ending Fund Balance $ - $ $ - 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 421 - Storm Drainage Operations (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 2,033,020 $ $ 2,033,020 Revenue $ 3,319,100 $ $ 3,319,100 Expense $ 4,053,988 $ 49,000 $ 4,102,988 Ending Fund Balance $ 1,298,132 $ (49,000) $ 1,249,132 Page 56 of 150 Back to Agenda DWI nUPUIl /A Page 6 of 6 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 431- Sewer Operating (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 2,873,601 $ - $ 2,873,601 Revenue $ 10,837,700 $ - $ 10,837,700 Expense $ 9,914,444 $ 468,000 $ 10,382,444 Ending Fund Balance $ 3,796,857 $ (468,000) $ 3,328,857 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 433 - Sewer Capital (Amended Biennial Budget Biennial Budget No. Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ 2,369,050 $ - $ 2,369,050 Revenue $ 19,607,639 $ 1,410,539 $ 21,018,178 Expense $ 14,350,000 $ - $ 14,350,000 Ending Fund Balance $ 7,626,689 $ 1,410,539 $ 9,037,228 2021-2022 Current 2021-2022 2021-2022 Amended Fund: 632 - Wastewater Treatment Facility (Amended Biennial Budget Biennial Budget No. Fee Budget No. 011.22) Amendment XXX-2022 Beginning Fund Balance $ - $ 2,861,414 $ 2,861,414 Revenue $ - $ 5,070,500 $ 5,070,500 Expense $ - $ 2,252,000 $ 2,252,000 Ending Fund Balance $ - $ 5,679,914 $ 5,679,914 Page 57 of 150 Back to Agenda Ordinance No. _ Page 1 of 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE 2021-2022 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 035-20, AND AMENDED BY ORDINANCE NOS. 015-21, 032-21, 050-21, 056-21, 065-21, 007-22, 011-22 and 025- 22 TO RECOGNIZE EXPENDITURES AND REVENUES NOT ANTICIPATED AT THE TIME OF THE ADOPTION OF THE 2021- 2022 BIENNIAL BUDGET; PROVIDING FOR TRANSMITTAL TO STATE; PROVIDING FOR PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard adopted its 2021 — 2022 Biennial Budget via Ordinance No. 035-20, which was previously amended by Ordinance Nos. 015-21, 032-21, 050- 21, 056-21, 065-21, 007-22, 011-22, and 025-22; and WHEREAS, the City desires to keep current on budget amendments; and WHEREAS, it is necessary to consider adjustments to accounts and/or funds by means of appropriation adjustments that could not have been anticipated at the time of passage of the 2021— 2022 Biennial Budget; and WHEREAS, by this Ordinance the City Council amends the 2021-2022 Biennial Budget to accommodate necessary adjustments as set forth herein; and WHEREAS, the City will recognize revenue of $1,410,539 of funds allocated to the City through the American Rescue Plan Act (ARPA) for 2022 and $75,000 of grant funding provided by Dept of Commerce under the Housing Action Plan Implementation (HAPI) grant award in fund 001; and WHEREAS, the City will transfer $1,410,539 of funds allocated to the City through the American Rescue Plan Act (ARPA) from Fund 001 to Fund 433 for Sewer Capital Projects and increase expenditure authority by $75,000 for services to satisfy the Housing Action Plan Implementation (HAPI) grant award; and WHEREAS, the City will increase expenditure authority of $135,000 from Fund 001 to pay for an IT server replacement project previously approved by council and increase expenditure authority of $210,000 from Fund 001 to pay for a building inspection services previously approved by council; and Page 58 of 150 Back to Agenda vruindnce NU. Page 2 of 5 WHEREAS, the City will reduce fund 001 2022 budgeted ending fund balance by $345,000 to pay for the IT server replacement and additional building inspection services previously approved by council; and WHEREAS, the City's budget anticipated $244,580 of a Community Development Block Grant revenue and expenses for the Lippert Sidewalk improvements to be accounted for from fund 002 and have since determined the sidewalk improvements will be a capital expense and will be re -budgeted and accounted from Fund 304 thereby reducing both revenue and expense in fund 002; and WHEREAS, the City's will increase expenditure authority to purchase Body Worn Cameras in 2022 budget in Fund 103 and reduce 2022 ending fund balance accordingly; and WHEREAS, the City's will increase expenditure authority in Fund 109 by increasing transfers out to Fund 304 for the Bay Street Pedestrian Pathway ROW acquisition project in the amount of $1,500,000 and will reduce 2022 ending fund balance accordingly; and WHEREAS, the City's will increase park impact fee revenue by $200,000, increase expenditure authority in Fund 111 by increasing transfers out to Fund 304 for the TIP 1.15 for Pottery Ave Non -Motorized improvements in the amount of $40,000 and Fund 302 for McCormick Splash Pad in the amount of $420,000 and will reduce 2022 Transportation Impact Fee ending fund balance accordingly; and WHEREAS, the City will increase revenue to Fund 302 by increasing transfers in of $420,000 from Fund 111 for the McCormick Splash Pad and increase expenditure authority for the McCormick Splash pad by $420,000; and WHEREAS, the City will increase revenue to Fund 304 by increasing transfers in of $1,500,000 from Fund 109 for the Bay Street Pedestrian Pathway Project, increasing transfers in of $40,000 from Fund 111 for TIP 1.15 Pottery Ave Non -Motorized, increasing the revenue budget by $254,350 for a CDBG monies for TIP 1.13 Lippert Sidewalk improvements, increasing the revenue budget by $650,000 for a TIB complete street grant for TIP 1.15 Pottery Ave Non - Motorized improvements for a total revenue increase of $2,444,350; and WHEREAS, the City will increase expenditure authority in Fund 304 to pay for the Bay Street Pedestrian Pathway Project ($1,500,000), TIP 1.13 Lippert Project ($254,350), TIP 1.15 Pottery Ave Non -Motorized project ($690,000) for a total expenditure increase of $2,444,350; and WHEREAS, the City desires to increase expenditure authority in Fund 421 by $49,000 to pay for expenses related to TIP 1.13 Lippert and reduce 2022 ending fund balance accordingly; and Page 59 of 150 Back to Agenda U1U111dnLe ivu. Page 3 of 5 WHEREAS, the City desires to increase expenditure authority in Fund 431 by $468,000 to capture realized expenses related to on -call services, pass through services, monthly utility taxes, state utility taxes and the Pottery Lift Station with a reduction to 2022 ending fund balance of $468,000; and WHEREAS, the City desires to increase revenue and ending fund balance by $1,410,539 related to the transfer in from Fund 001 for the Marina Pump Station; and WHEREAS, the City desires to establish a budget for fund 632 Wastewater Treatment facility as the City is required to report on the funds activities for a revenue and expense budget of $7,931,914; and WHEREAS, the City Council has considered the proposed budget amendments and finds that amendments authorized by this Ordinance are consistent with applicable laws and financial policies, and further the public's health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The 2021-2022 Biennial Budget and enabling Ordinance No.035-20, as amended by Ordinances Nos. 15-21, 032-21, 050-21,056-21, 065-21, 007-22, 011-22 and 025-22 is hereby amended to reflect the following: Page 60 of 150 Back to Agenda VIUIfIdfICC IVU. Page 4 of 5 2021-2022 Biennial Budget Fund No. Fund Name jType I Ordinance-035-201 Ordinance-050-21 j Ordinance-O56-21 Ordinance-007-22j Ordinance-011-22� Adjustment 0rdinance-XXX-22j 001 Current Expense Fund Revenue $ 26,069,100 $ 33,279,201 $ 35,529,201 $ 35,529,201 $ 35, 529,20, $ 1,485,539 $ 37,014,740 Expense $ 26,069,100 $ 33,279,201 $ 35,529,201 $ 35,529,201 $ 35,529,201 '$ 1,485,539 $ 37,014,740 ' 002 City Street Revenue $ 5,131,900 $ 7,601,171 $ 7,601,171 $ 7,601,171 $ 7,601,171 '$ (244,580) $ 7,356,591 Expense $ 5,131,900 $ 7,601,171 $ 7,601,171 $ 7,601,171 $ 7,601,171 '$ (244,580) $ 7,356,591 ' 003 Stabilization Revenue $ 2,300,000 $ 2,693,687 $ 2,693,687 $ 2,693,687 $ 2,693,687 $ - $ 2,693,687 Expense $ 2,300,000 $ 2,693,687 $ 2,693,687 $ 2,693,687 $ 2,693,687 $ - $ 2,693,687 103 Criminal Justice Revenue $ 760,900 $ 869,508 $ 869,508 $ 869,508 $ 869,508 $ - $ 869,508 Expense $ 760,900 $ 869,508 $ 869,508 $ 869,508 $ 869,508 '$ - $ 869,508 ' 104 Special Investigative Unit Revenue $ 102,000 $ 105,797 $ 105,797 $ 105,797 $ 105,797 $ - $ 105,797 Expense $ 102,000 $ 105,797 $ 105,797 $ 105,797 $ 105,797 $ - $ 105,797 ' 107 Community Events Revenue $ 400,000 $ 412,002 $ 412,002 $ 412,002 $ 412,002 $ - $ 412,002 Expense $ 400,000 $ 412,002 $ 412,002 $ 412,002 $ 412,002 $ - $ 412,002 108 Paths & Trails Revenue $ 12,900 $ 13,096 $ 13,096 $ 13,096 $ 13,096 $ - $ 13,096 Expense $ 12,900 $ 13,096 $ 13,096 $ 13,096 $ 13,096 $ - $ 13,096 109 Real Estate Excise Tax Revenue $ 4,854,000 $ 6,193,992 $ 6,193,992 $ 6,193,992 $ 6,193,992 $ - $ 6,193,992 Expense $ 4,854,000 $ 6,193,992 $ 6,193,992 $ 6,193,992 $ 6,193,992 $ - $ 6,193,992 111 Impact Fee Revenue $ 2,282,500 $ 4,006,467 $ 4,006,467 $ 4,006,467 $ 4,306,467 $ 200,000 $ 4,506,467 Expense $ 2,282,500 $ 4,006,467 $ 4,006,467 $ 4,006,467 $ 4,306,467 $ 200,000 $ 4,506,467 206 Bond Redemption Fund Revenue $ 598,200 $ 598,200 $ 598,200 $ 598,200 $ 598,200 $ - $ 598,200 Expense $ 598,200 $ 598,200 $ 598,200 $ 598,200 $ 598,200 $ - $ 598,200 302 Capital Construction Revenue $ 620,000 $ 3,606,707 $ 5,881,707 $ 5,881,707 $ 5,881,707 $ 420,000 $ 6,301,707 Expense $ 620,000 $ 3,606,707 $ 5,881,707 $ 5,881,707 $ 5,881,707 $ 420,000 $ 6,301,707 304 Street Capital Projects Revenue $ 4,328,100 $ 7,278,848 $ 7,278,848 $ 7,778,848 $ 7,903,848 $ 2,444,350 $ 10,348,198 Expense $ 4,328,100 $ 7,278,848 $ 7,278,848 $ 7,778,848 $ 7,903,848 $ 2,444,350 $ 10,348,198 411 Water- Operations Revenue $ 8,504,400 $ 9,694,063 $ 9,694,063 $ 9,694,063 $ 9,694,063 $ - $ 9,694,063 Expense $ 8,504,400 $ 9,694,063 $ 9,694,063 $ 9,694,063 $ 9,694,063 $ - $ 9,694,063 412 Water -Stabilization Revenue $ 917,000 $ 950,216 $ 950,216 $ 950,216 $ 950,216 $ - $ 950,216 Expense $ 917,000 $ 950,216 $ 950,216 $ 950,216 $ 950,216 $ - $ 950,216 413 Water- Capital Projects Revenue $ 6,964,200 $ 7,419,754 $ 7,419,754 $ 6,519,754 $ 6,519,754 $ - $ 6,519,754 Expense $ 6,964,200 $ 7,419,754 $ 7,419,754 $ 6,519,754 $ 6,519,754 $ - $ 6,519,754 414 Water - Debt Service Revenue $ 840,250 $ 840,250 $ 840,250 $ 840,250 $ 840,250 $ - $ 840,250 Expense $ 840,250 $ 840,250 $ 840,250 $ 840,250 $ 840,250 $ - $ 840,250 421 Storm Drainage -Operations Revenue $ 5,076,900 $ 5,352,120 $ 5,352,120 $ 5,352,120 $ 5,352,120 $ - $ 5,352,120 Expense $ 5,076,900 $ 5,352,120 $ 5,352,120 $ 5,352,120 $ 5,352,120 $ - $ 5,352,120 422 Storm Drainage -Stabilization Revenue $ 503,300 $ 533,931 $ 533,931 $ 533,931 $ 533,931 $ - $ 533,931 Expense $ 503,300 $ 533,931 $ 533,931 $ 533,931 $ 533,931 $ - $ 533,931 423 Storm Drainage -Capital Projects Revenue $ 30,100 $ 99,113 $ 99,113 $ 99,113 $ 99,113 $ - $ 99,113 Expense $ 30,100 $ 99,113 $ 99,113 $ 99,113 $ 99,113 $ - $ 99,113 424 Storm Drainage -Debt Service Revenue $ 355,300 $ 355,300 $ 355,300 $ 355,300 $ 355,300 $ - $ 355,300 Expense $ 355,300 $ 355,300 $ 355,300 $ 355,300 $ 355,300 $ - $ 355,300 431 Sewer -Operations Revenue $ 12,659,200 $ 13,711,301 $ 13,711,301 $ 13,711,301 $ 13,711,301 $ - $ 13,711,301 Expense $ 12,659,200 $ 13,711,301 $ 13,711,301 $ 13,711,301 $ 13,711,301 $ - $ 13,711,301 432 Sewer -Stabilization Revenue $ 1,355,050 $ 1,422,016 $ 1,422,016 $ 1,422,016 $ 1,422,016 $ - $ 1,422,016 Expense $ 1,355,050 $ 1,422,016 $ 1,422,016 $ 1,422,016 $ 1,422,016 $ - $ 1,422,016 433 Sewer- Capital Projects Revenue $ 9,612,100 $ 20,566,150 $ 20,566,150 $ 21,976,689 $ 21,976,689 $ 1,410,539 $ 23,387,228 Expense $ 9,612,100 $ 20,566,150 $ 20,566,150 $ 21,976,689 $ 21,976,689 $ 1,410,359 $ 23,387,048 434 Sewer- Debt Service Revenue $ 550,000 $ 550,000 $ 550,000 $ 550,000 $ 550,000 $ - $ 550,000 Expense $ 550,000 $ 550,000 $ 550,000 $ 550,000 $ 550,000 $ - $ 550,000 500 ER&R Revenue $ 4,927,400 $ 5,271,030 $ 5,271,030 $ 5,271,030 $ 5,271,030 $ - $ 5,271,030 Expense $ 4,927,400 $ 5,271,030 $ 5,271,030 $ 5,271,030 $ 5,271,030 $ - $ 5,271,030 ' 632 Wastewater Treatment Facility Revenue $ - $ - $ - $ - $ - $ 7,931,914 $ 7,931,914 Expense $ - $ - $ - $ - $ - $ 7,931,914 $ 7,931,914 Grand Total Revenuel $ 99,754,800 1 $ 133,423,920 $ 137,948,920 $ 138,959,459 $ 139,384,459 $13,647,762 $ 153,032,221 Grand Total Expense 1 $ 99,754,800 1 $ 133,423,920 $ 137,948,920 $ 138,959,459 $ 139,384,459 $13,647,762 $ 153,032, 041 SECTION 2. Transmittal. The City Clerk shall transmit a complete, certified copy of the amended budget as adopted to the state auditor and to the Association of Washington Cities per RCW 35.34.130. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. Page 61 of 150 Back to Agenda U1U111dnLe ivu. Page 5 of 5 SECTION S. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 121" day of July 2022. Rob Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 62 of 150 Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7B Agenda Staff Report Subject: Adoption of an Ordinance Amending POMC Chapter 10.12 Relating to Civil Infractions for Parking Enforcement Back to Agenda Meeting Date: July 12, 2022 Prepared by: Charlotte Archer Atty Routing No: Atty Review Date: City Attorney 366922-0011— DCD N/A Summary: In 2021, the City of Port Orchard adopted Ordinance No. 057-21 in response to Engrossed Substitute Senate Bill 5051, which required limited commission members of the Port Orchard Police Department to qualify as reserve officers of the commissioning law enforcement agency. The Criminal Justice Training Commission, a state agency that oversees the training and certification of reserve officers, no longer provides said training and certification due to a lack of appropriation of funds for these efforts by the state. By Ordinance No. 057-21, the City Council amended Chapters 10.12 and 2.16 of the Port Orchard Municipal Code (POMC) to clarify the authority of non-commissioned members of the police department to issue civil infractions related to violations of the City's parking code. Due to the operational challenges of recruiting and retaining members of the Police Department to serve in these positions, the City desires to move parking enforcement into the Department of Community Development. This Ordinance amends Chapters 10.12 and 2.16 of the POMC to clarify the authority of non-commissioned employees of the Department of Community Development, authorized to issue civil infractions related to violations of the City's parking code. This Ordinance as also confirms that commissioned members of the Police Department retain concurrent authority to issue civil infractions for traffic and parking violations, and to work collaboratively with the Department of Community Development when certain parking violations are identified by non-commissioned staff members, subject to all relevant federal, state, and local laws. Parking enforcement staff do not need law enforcement commissions to enforce civil, traffic infractions. Non -sworn professional staff may be authorized to enforce violations of POMC Chapter 10.12. This ordinance clarifies this distinction and reiterates that enforcement staff may issue civil infractions as part of those enforcement efforts. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the City Council adopt an Ordinance amending Chapter 10.12 of the Port Orchard Municipal Code, pertaining to parking enforcement. Motion for consideration: "I move to adopt an Ordinance amending Chapter 10.12 of the Port Orchard Municipal Code, pertaining to parking enforcement." Fiscal Impact: N/A Alternatives: Do not approve ordinance and provide alternative guidance. Attachments: Ordinance. Page 63 of 150 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO PARKING ENFORCEMENT; AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 10.12, STANDING, STOPPING AND PARKING; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2021, the City of Port Orchard adopted Ordinance No. 057-21 in response to Engrossed Substitute Senate Bill 5051, which required limited commission members of the Port Orchard Police Department to qualify as reserve officers of the commissioning law enforcement agency; and WHEREAS, the Criminal Justice Training Commission, a state agency that oversees the training and certification of reserve officers, no longer provides said training and certification due to a lack of appropriation of funds for these efforts by the state; and WHEREAS, by Ordinance No. 057-21, the City Council amended Chapters 10.12 and 2.16 of the Port Orchard Municipal Code (POMC) to clarify the authority of non-commissioned members of the police department to issue civil infractions related to violations of the City's parking code; and WHEREAS, due to the operational challenges of recruiting and retaining members of the Police Department to serve in these positions, the City desires to move parking enforcement into the Department of Community Development; and WHEREAS, by this Ordinance, the City Council amends Chapters 10.12 and 2.16 of the POMC to clarify the authority of non-commissioned employees, authorized to issue civil infractions related to violations of the City's parking code; and WHEREAS, it is the intent of the City that commissioned members of the Police Department retain concurrent authority to issue civil infractions for traffic and parking violations, and to work collaboratively with the Department of Community Development when certain parking violations are identified by non-commissioned staff members, subject to all relevant federal, state and local laws; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Chapter 10.12 of the Port Orchard Municipal Code are amended to read as set out in Exhibit A to this Ordinance, adopted herein by this reference. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting Page 64 of 150 Back to Agenda urainance ivo. Page 2 of 35 of the title. SECTION 4. Savings Clause. Those portions of Chapter 10.12 of the Port Orchard Municipal Code which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date of this ordinance. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 12t" day of July 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney Scott Diener Councilmember PUBLISHED: EFFECTIVE DATE: Page 65 of 150 Back to Agenda urainance ivo. Page 3 of 35 Exhibit A Chapter 10.12 PARKING, STANDING AND STOPPING Sections: 10.12.010 Definitions. 10.12.020 Public employees to obey regulations. 10.12.030 Required obedience to regulations. 10.12.040 Control devices required. 10.12.050 Parking prohibited and restricted. 10.12.060 Chain parking prohibited. 10.12.070 Obedience to angle -parking signs or markings. 10.12.080 Police car zones. 10.12.090 Violation of parking in space for individuals with disabilities parking permit. 10.12.100 Yellow curbs. 10.12.110 Parking not to obstruct traffic. 10.12.120 Special passes. 10.12.130 Expired registrations. 10.12.140 Parking for certain purposes unlawful. 10.12.150 Inoperable automobiles. 10.12.160 Obliterating tire markings. 10.12.170 Standing in passenger loading zone. 10.12.180 Standing in loading zone. 10.12.190 Standing in a tow -away zone. 10.12.200 Violating permits for loading or unloading at an angle to the curb. 10.12.210 Standing or parking on one-way roadways. 10.12.220 Standing, stopping, and parking of buses and taxicabs regulated. 10.12.230 Restricted use of bus stops and taxicab stands. 10.12.240 Right-of-way for parking. 10.12.250 Stopping, standing and parking. 10.12.260 Bicycles — Parking. 10.12.270 Disposition of civil infractions. 10.12.280 Notice of civil infractions. 10.12.290 Response to notice of civil infractions — Contesting determination — Hearing — Failure to respond or appear. 10.12.300 Hearings — Rules of procedure — Counsel. 10.12.310 Hearings — Contesting determination that infraction committed — Appeal. 10.12.320 Hearings — Explanation of mitigating circumstances. 10.12.330 Order of court— Civil nature — Waiver, reduction, suspension of penalty — Community service in lieu of penalty. 10.12.340 Issue of process by court of limited jurisdiction. 10.12.350 Costs and attorney's fees. Page 66 of 150 Back to Agenda urainance ivo. Page 4 of 35 10.12.360 Attempting, aiding, abetting, coercing, committing violations — Punishable. 10.12.370 Infraction on illegally parked vehicle. 10.12.380 Presumption in reference to illegal parking. 10.12.390 Penalties. 10.12.400 Payment due — Late fees. 10.12.410 Disposition of traffic fines and forfeitures. 10.12.420 Official misconduct. 10.12.430 Habitual offenders. 10.12.440 Impoundment of vehicles with unpaid tickets. 10.12.450 Uniformity of interpretation. 10.12.460 Parking prohibited at all times. 10.12.470 Parking prohibited during certain hours. 10.12.480 Standing or parking prohibited during certain hours. 10.12.490 Parking time limited on certain streets. 10.12.500 Parking time limited on certain city parking lots. 10.12.510 Parking passes. 10.12.520 Parking passes — Rules. 10.12.530 Parking of certain trailers and semitrailers. 10.12.010 Definitions. (1) "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels either of which is more than 20 inches in diameter. (RCW 46.04.071) (2) "Bus" means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WAC 308-330-109) (3) "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers; provided, that such bus provides regularly scheduled service within the jurisdiction of the local authority. (WAC 308-330-112) (4) "Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk. (RCW 46.04.160) (5) "Department" means the Department of Licensing unless otherwise specified in this chapter. (WAC 308-330-121) (6) "Director" means the Director of Licensing unless the director of a different department of government is specified. (WAC 308-330-123) (7) "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, Page 67 of 150 Back to Agenda urainance ivo. Page 5 of 35 being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC 308-330-127) (8) "Legal owner" means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest. (RCW 46.04.270) (9) "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. (WAC 308-330-133) (10) "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (RCW 46.04.320) (11) "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC 308-330-136) (12) "Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (RCW 46.04.381) (13) "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. (WAC 308-330-151) (14) "Planting strips" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. (WAC 308-330-154) (15) "Parking Enforcement officer" means a nonsworn, non-commissioned employee of the Department of Community Development as authorized to issue the non -criminal, civil infractions set out in this title. (15) "Police or police officer" includes the police officers of a city, a town marshal, or the sheriff and his/her deputies of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-157) (16) "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-160) (17) "Police department" includes the police department of a city or town or the sheriff's office of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-163) (18) "Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. (RCW 46.04.420) Page 68 of 150 Back to Agenda urainance ivo. Page 6 of 35 (19) "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (WAC 308-330-169) (20) "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. (WAC 308-330-172) (21) "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. (RCW 46.04.540) (22) "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (RCW 46.04.555) (23) "Street" means a "city street." (WAC 308-330-175) (24) "Taxicab" means a motor vehicle for hire used for the transportation of persons or compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC 308-330-178) (25) "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. (WAC 308-330-181) (26) "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. (WAC 308-330-184) (28) "Trailer or semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle. (29) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (RCW 46.04.670) (30) "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. (WAC 308-330-190) (Ord. 018-22 § 3; Ord. 018-18 § 1; Ord. 1650 § 2, 1996). 10.12.020 Public employees to obey regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. 10.12.030 Required obedience to regulations. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. The City's parking enforcement officers are authorized to enforce these regulations as non -criminal, civil infractions, provided the City's law enforcement officers retain concurrent authorization to enforce these regulations as set forth in Title 10 and all applicable federal, state and local laws. Page 69 of 150 Back to Agenda urainance ivo. Page 7 of 35 10.12.040 Control devices required. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the city of Port Orchard for which control devices are required shall be effective unless official control devices are erected and in place at the time of any alleged offense. 10.12.050 Parking prohibited and restricted. (1) The city council may from time to time establish parking prohibitions and restrictions on city -owned or city -operated parking lots and portions of certain specified streets, including establishment of reserved parking areas and residential permit parking zones which restrict parking of vehicles on certain streets or city parking lots at certain times except by permit. These regulations are codified in POMC 10.12.500 through 10.12.620. (2) Failure to comply with a parking restriction or prohibition adopted by the city council and filed with the city clerk shall be cited under this section and shall constitute a Class A infraction. (Ord. 001-12 § 1; Ord. 018-05 § 1; Ord. 1650 § 9, 1996). 10.12.060 Chain parking prohibited. It shall be unlawful for any person to move and repark any vehicle within two blocks of the original parking space in order to avoid the parking time limit regulation on Bay Street (State Route 166) from Orchard Avenue to Harrison Avenue; Sidney Street from Prospect Street to the waterfront; and Frederick Avenue from Prospect Street to the waterfront. For purposes of this section, a "block" shall be defined as a city street or alley section located between consecutive intersections. Violation of this section is a Class C infraction. (Ord. 057-21 § 3; Ord. 023-09 § 1). 10.12.070 Obedience to angle -parking signs or markings. (1) Upon those highways which have been signed or marked for angle -parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. ( (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 4; Ord. 1650 § 10, 1996). 10.12.080 Police car zones. (1) When signs are erected by the city engineer giving notice thereof, no person shall stop, stand, or park a vehicle other than a police car or a parking enforcement vehicle in a police car zone when any such zone has been officially designated by the city engineer; except, the driver of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in loading or unloading passengers when such stopping or standing does not interfere with any police car waiting to enter or about to enter such stop. (2) Violation of this section is a Class A infraction. 10.12.090 Violation of parking in space for individuals with disabilities parking permit. It is a traffic infraction, with a monetary penalty as provided for in RCW 46.19.050(4), as amended, for any persons to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a special license plate or placard issued pursuant to RCW 46.19.050 or 46.19.070 or Chapter 46.19 RCW. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. In Page 70 of 150 Back to Agenda urainance ivo. Page 8 of 35 addition to any penalty or fine imposed under Chapter 46.19 RCW, $200.00 shall be assessed. 10.12.100 Yellow curbs. (1) Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent to a painted yellow curb. (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 7; Ord. 1650 § 13, 1996). 10.12.110 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic. (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (3) Violation of this section is a Class A infraction. 10.12.120 Special passes. Special passes are administered by the city clerk or designee. This pass must be visible to approaching parking enforcement officers. Such passes will allow the car to park in excess of the posted time limitation on the city street and shall be valid only for that amount of time necessary to accomplish the motorist's need. (1) Motorists who are serving as jurors or witnesses for municipal court, district court or superior court may be issued a juror's or witness's pass from the court. The juror and/or witness pass shall be dated in order to be valid and is limited to jurors and witnesses. (2) Motorists who: (a) are visiting City Hall to conduct city business on behalf of the city, such as city council members, city hearing examiners, city attorneys, and the like; (b) expect such business to last longer than the posted time limitation on the city street; and (c) are parked within 400 feet of City Hall, may be issued a special pass. The pass will only be valid through the date listed on the pass. (3) Motorists who: (a) are visiting the Kitsap County Administrative Building to conduct county business on behalf of the county, such as board of equalization members, planning commission members, hearing examiners and the like; and (b) expect such business to last longer than the posted time limitation on the city street, may be issued a special pass. The pass will only be valid through the date listed on the pass, and on the city streets listed on the pass. (4) The mayor or designee may issue special passes to other motorists when he/she determines that there is a need for issuance. The pass will only be valid through the date listed on the pass, and on the city streets listed on the pass. 10.12.130 Expired registrations. (1) No motor vehicle or trailer may park on city right-of-way without license plates with current registration tags attached to that license plate. (2) Violation of this section is a Class B infraction. Page 71 of 150 Back to Agenda urainance ivo. Page 9 of 35 10.12.140 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (3) Violation of this section is a Class A infraction. 10.12.150 Inoperable automobiles. (1) No motor vehicle that is inoperable for such reasons as an inoperable engine, transmission failure, flat tire, missing windows, shattered windshield glass that impairs the driver's visibility, or other deficiency, shall park on city right-of-way for more than. (2) Violation of this section is a Class A infraction. 10.12.160 Obliterating tire markings. (1) It is unlawful to conceal, obliterate, or erase markings on vehicle tires where said markings were made by a parking enforcement officer for the purpose of recording the period of time a vehicle is stopped in a parking zone. (2) Violation of this section is a Class A infraction.. 10.12.170 Standing in passenger loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. (2) Violation of this section is a Class A infraction. 10.12.180 Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (3) Violation of this section is a Class A infraction. 10.12.190 Standing in a tow -away zone. (1) No person shall stop, stand, or park a vehicle in a place marked as a tow -away zone during hours Page 72 of 150 Back to Agenda urainance ivo. Page 10 of 35 when the provisions applicable to such zone are in effect. (2) Violation of this section is a Class A infraction. 10.12.200 Violating permits for loading or unloading at an angle to the curb. (1) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic division for the backing of a vehicle to the curb for the purpose of loading or unloading property. (WAC 308-330-448) (2) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any parking pass issued by the traffic division. (3) Violation of this section is a Class A infraction. 10.12.210 Standing or parking on one-way roadways. (1) In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. (WAC 308-330-451) (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 17; Ord. 1650 § 24, 1996). 10.12.220 Standing, stopping, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stand or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. (2) The operator of a taxicab shall not stand or park such vehicle upon any highway at any place other than a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. (WAC 308-330-454) (3) Violation of this section is a Class A infraction. (Ord. 057-21 § 18; Ord. 1650 § 25, 1996). 10.12.230 Restricted use of bus stops and taxicab stands. (1) No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such stop or stand. (WAC 308-330-457) (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 19; Ord. 1650 § 26, 1996). 10.12.240 Right-of-way for parking. (1) The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right-of-way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right-of-way in this section it shall be considered proper to back into any but a front -in angle Page 73 of 150 Back to Agenda urainance ivo. Page 11 of 35 parking space. (WAC 308-330-460) (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 20; Ord. 1650 § 27, 1996). 10.12.250 Stopping, standing and parking. (1) Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (b) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (ii) On a sidewalk, curb, or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; (v) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vi) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (vii) On any railroad tracks; or (viii) In the area between roadways of a divided highway including crossovers. (c) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within 15 feet of a fire hydrant; (iii) Within 20 feet of a crosswalk; (iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (v) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of said entrance when properly posted; or (vi) Within 15 feet of a clearly visible mailbox which is located directly adjacent to the curbside or right-of-way. (d) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: Page 74 of 150 Back to Agenda urainance ivo. Page 12 of 35 (i) Within 50 feet of the nearest rail of a railroad crossing. (2) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. (3) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (4) Except when otherwise provided by this section, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (5) Subsections (1) through (4) of this section do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle. (6) Violation of this section is a Class A infraction. (Ord. 057-21 § 21; Ord. 026-20 § 1; Ord. 009-17 § 1; Ord. 1904 § 1, 2003; Ord. 1650 § 28, 1996). 10.12.260 Bicycles— Parking. (1) No person shall park a bicycle upon a highway other than: (a) Off the roadway except in designated areas; (b) Upon the sidewalk in a rack to support the bicycle; (c) Against a building; or (d) In such manner as to afford the least obstruction to pedestrian traffic. (WAC 308-330-550) (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 22; Ord. 1650 § 29, 1996). 10.12.270 Disposition of civil infractions. (1) Failure to perform any act required or the performance of any act prohibited by this title is designated as a civil infraction. (2) Parking enforcement officers and law enforcement officers are authorized to issue a notice of civil infraction to enforce this chapter when the civil infraction is committed in the parking enforcement officer's or law enforcement officer's presence, or if a law enforcement officer investigating at the scene of a motor vehicle collision has reasonable cause to believe that the driver of a motor vehicle involved in the collision has committed a traffic infraction. (3) A court may issue a notice of civil infraction upon receipt of a written statement of the employee that there is reasonable cause to believe that an infraction was committed. (4) The Port Orchard Municipal Court has the authority to hear and determine civil infractions pursuant Page 75 of 150 Back to Agenda urainance ivo. Page 13 of 35 to this chapter. 10.12.280 Notice of civil infractions. (1) A notice of civil infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The form for the notice of civil infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A statement that the notice represents a determination that a civil infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (b) A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a civil infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a civil infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license; (c) A statement of the specific civil infraction for which the notice was issued; (d) A statement of the monetary penalty established for the traffic infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the employee who issued the notice of infraction; (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; (h) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the refusal of the department to renew the person's driver's license, or in the case of a standing, stopping, or parking violation the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 057-21 § 24; Ord. 1650 § 31, 1996). 10.12.290 Response to notice of civil infractions —Contesting determination — Hearing— Failure to respond or appear. (1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this section within 15 days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response Page 76 of 150 Back to Agenda vrainance ivo. Page 14 of 35 which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270. (3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement. (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. (5)(a) If any person issued a notice of infraction: (i) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or (ii) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section; the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this chapter and shall notify the department, in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing. (b) The department may not renew the driver's license, or in the case of a standing, stopping, or parking violation the vehicle license, of any person for whom the court has entered an order pursuant to paragraph (a) of this subsection until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 1650 § 32, 1996). 10.12.300 Hearings — Rules of procedure — Counsel. (1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the Supreme Court. (2) Any person subject to proceedings under this chapter may be represented by counsel. (3) The attorney representing the state, county, city, or town may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary. (Ord. 1650 § 33, 1996). 10.12.310 Hearings —Contesting determination that infraction committed —Appeal. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) The court may consider the notice of traffic infraction and any other written report made under oath submitted by the parking enforcement officer or law enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the police department employee's personal appearance at the hearing. The person named in the notice may subpoena Page 77 of 150 Back to Agenda urainance ivo. Page 15 of 35 witnesses, including the employee, and has the right to present evidence and examine witnesses present in court. (3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence. (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended. (5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. (Ord. 057-21 § 25; Ord. 1650 § 34, 1996). 10.12.320 Hearings— Explanation of mitigating circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. (2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended. (3) There may be no appeal from the court's determination or order. (Ord. 1650 § 35, 1996). 10.12.330 Order of court —Civil nature —Waiver, reduction, suspension of penalty —Community service in lieu of penalty. (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour. (Ord. 1650 § 37, 1996). 10.12.340 Issue of process by court of limited jurisdiction. Notwithstanding any other provisions of law governing service of process in civil cases, the Port Orchard Municipal Court having jurisdiction over an alleged traffic infraction may issue process anywhere within the state. (Ord. 1650 § 38, 1996). 10.12.350 Costs and attorney's fees. Each party to a traffic infraction case is responsible for costs incurred by that party. Costs or attorney Page 78 of 150 Back to Agenda urainance ivo. Page 16 of 35 fees shall not be awarded to either party in a traffic infraction case. (Ord. 1650 § 39, 1996). 10.12.360 Attempting, aiding, abetting, coercing, committing violations —Punishable. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a crime, whether individually or in connection with one or more other persons or a principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or wilfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense. (Ord. 1650 § 40, 1996). 10.12.370 Infraction on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the parking enforcement officer or law enforcement officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a civil infraction. (Ord. 057-21 § 26; Ord. 1650 § 42, 1996). 10.12.380 Presumption in reference to illegal parking. (1) In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (WAC 308-330-740) (2) The foregoing stated presumption shall apply only when the procedure as prescribed in POMC 10.12.410 has been followed. (Ord. 1650 § 43, 1996). 10.12.390 Penalties. Unless another penalty is expressly provided for in the laws of the state of Washington that are incorporated by reference in the Port Orchard Municipal Code, the following monetary penalty schedule shall be used: (1) Class A infraction: $20.00. (2) Class 6 infraction: $30.00. (3) Class C infraction: $100.00. (Ord. 027-05 § 1; Ord. 013-05 § 1). 10.12.400 Payment due —Late fees. Penalties shall be paid within 15 calendar days of the date of issuance of the infraction. If the penalty is not paid within the 15 days and the infraction has not been contested, a late fee of an additional $25.00 shall be charged for each notice of infraction. (Ord. 1650 § 45, 1996). 10.12.410 Disposition of traffic fines and forfeitures. All fines or forfeitures collected upon a determination that a traffic infraction was committed or upon the forfeiture of bail of any person cited with violation of any of the provisions of this chapter shall be paid into the general fund of the city. (Ord. 1650 § 46, 1996). Page 79 of 150 Back to Agenda vrainance ivo. Page 17 of 35 10.12.420 Official misconduct. Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a deposit in the general fund, to comply with the provisions of POMC 10.12.450, shall constitute misconduct in office and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 1650 § 47, 1996). 10.12.430 Habitual offenders. A person shall be guilty of being a habitual offender when their vehicle received three or more parking tickets within a calendar month. Every month, the city shall review the record of infractions issued in the previous month. Registered owners of vehicles which have received three or more infractions within the previous calendar month shall be sent a certified letter advising them of the fines as a habitual offender. This letter shall list the specific dates and infractions that apply to this offense and shall notify the registered owner. Violation of this section is a Class C infraction. (Ord. 057-21 § 27; Ord. 1650 § 48, 1996). 10.12.440 Impoundment of vehicles with unpaid tickets. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four or more traffic infractions issued against the vehicle for each of which (1) a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated traffic infraction, and (2) at least 45 days have elapsed from the filing of the notice of infraction, then the vehicle may be impounded by a law enforcement officer pursuant to Chapter 10.72 POMC without prior notice. The registered owner of the vehicle shall be responsible for payment of all towing and storage fees. The vehicle shall not be released to any person until all towing and storage fees and all penalties, fines or forfeitures owed by the registered owner have been satisfied. Any person seeking to redeem a vehicle impounded under this section shall have a right to a municipal court hearing pursuant to POMC 10.72.040(4). (Ord. 057-21 § 28; Ord. 007-05 § 1). 10.12.450 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it. (WAC 308-330-910) (Ord. 1650 § 49, 1996). 10.12.460 Parking prohibited at all times.' (1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Advantage on the west side of the Avenue: north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 2. Andasio Loop on the outside curb along SE: the entire loop. 3. Amherst Way on both sides of the street. SW: Page 80 of 150 Back to Agenda urainance ivo. Page 18 of 35 4. Arnold Avenue along the west side of E.: Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. S. Arnold Avenue along the east side of Arnold E.: Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 7. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 8. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 9. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 10. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 11. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 12. Bethel on the west side from the Avenue: driveway at 1130 Bethel Avenue, 245 feet north. 13. Castleton on both sides of the street. Road SW: 14. Cedar Canyon: on both sides of the street within 100 feet of the Page 81 of 150 Back to Agenda urainance ivo. Page 19 of 35 Tremont Street right-of-way. 15. Chanting Circle on both sides of street, from SW: Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 16. Chatterton on the west side of street. Avenue SW: 17. Chowchilla on the south side of street. Way: 18. Currant Lane on the west side of the SW: street. 19. Dallas Street: on the right-hand side, as the traffic flows. 20. DeKalb Street: on south side from Cline Avenue easterly to dead end. 21. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 22. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 23. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 24. Donna Street: on the south side of street. 25. Donnegal on both sides of the street. Circle SW: 26. Egret Street: on the south side of the street. 27. Fiscal Street: on the south side of the street. 28. Fantail Place: on the east side of the street. 29. Farragut on both sides, from DeKalb Avenue: Street to Morton Street; except, on the east side, 160 Page 82 of 150 Back to Agenda urainance ivo. Page 20 of 35 feet north of DeKalb Street. 30. Forest Park on both sides of the street. Street: 31. Glenmore on the inside radius of the Loop: entire loop. 32. Glenwood on the north side, from Road SW: Sidney Road 350 feet west. 33. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 34. Guy Wetzel on both sides from Bay Street: Street to Perry Avenue. 35. Hales Court on both sides of the street. SW: 36. Hibiscus Circle on the outside radius of the SW: entire circle. 37. Huntington on both sides from Olney Street: Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 38. Jabirin Way: on the north side of street. 39. Keppel Loop on both sides of the street. SW: 40. Koda Circle: along fire lanes where marked/posted. 41. Landis Ct. SW: on the northeast side. 42. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 43. Limerick Drive on both sides of the street. SW: 44. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 45. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 46. Lowren Street: on the right-hand side, as the traffic flows on the one- way portion of the street. Page 83 of 150 Back to Agenda urainance ivo. Page 21 of 35 47. Lumsden on both sides of the street. Road: 48. Lone Bear on both sides from Feigley Drive: Road to 100 feet west of Chatterton Avenue SW. 49. Longview on east side of street. Avenue: 50. Mitchell on both sides, from Bay Avenue: Street to Kitsap Street. 51. Murrelet on both sides, from Old Avenue: Clifton Road to Siskin Circle. 52. Olivine Drive on both sides of the street. SW: 53. Pickford Place on the left-hand side as the SW: traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 54. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 55. Prospect on the inside radius of the Street: curve between Robert Geiger Street and Frederick Avenue. 56. Pottery on both sides of the street, Avenue: within 100 feet of the Tremont Street right-of-way. 57. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 58. Robert Geiger other than official city Street: vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 59. Rockwell on both sides, from Bay Avenue: Street to Kitsap Street. 60. Ross Street: on the south side of the 400 block. 61. Sage Court: on both sides of street. Page 84 of 150 Back to Agenda urainance ivo. Page 22 of 35 62. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left- hand side, as the traffic flows, on the remainder of the street. 63. Seattle on the east side, from Bay Avenue: Street southerly for a distance of 82 feet. 64. Sherman on the east side of the 1200- Avenue: 1300 block from the dead end 980 feet north. 65. Sidney on the west side from Bay Avenue: Street to Prospect Street. 66. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 67. Snowridge on the left-hand side, as the Avenue: traffic flows on the street. 68. Sprague on the right-hand side, as Street: the traffic flows on the one- way portion of the street. 69. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 70. Strathmore on outside of circle traveling Circle SW: either direction. 71. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 72. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 73. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 74. SW Colbert on left-hand side of street as Way: the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 75. SW Old Clifton on both sides from Chanting Road: Circle SW to Campus Parkway. Page 85 of 150 Back to Agenda urainance ivo. Page 23 of 35 76. SW Stanwick on the right-hand side of Way: street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 77. Tremont on both sides of street from Place: 233 Tremont Place driveway to end of road guardrail. 78. Tremont on both sides of the street, Street: within 100 feet of Pottery Avenue right-of-way. 79. Vardon Circle on both sides of the street. SW: 80. Viridian on both sides of the street. Avenue SW: 81. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 82. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 83. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 84. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. (2) Violation of this section is a Class A infraction. 10.12.470 Parking prohibited during certain hours. (1) When signs are erected by the city engineer in each block giving notice thereof and for the purpose of street maintenance, no person shall park a vehicle between the hours of 3:00 a.m. and 5:00 a.m. upon any of the streets or parts of streets as described below on the days specified below: Tuesdays and Thursdays: 1. Bay Street 2. Frederick Avenue from Robert Geiger Street to Harrison Street on both sides. from Prospect Street Page 86 of 150 Back to Agenda urainance ivo. Page 24 of 35 Tuesdays and Thursdays: north to Sidney Parkway on both sides. 3. Sidney Avenue: from Prospect Street north to Sidney Parkway on both sides. (2) Violation of this section is a Class A infraction. 10.12.480 Standing or parking prohibited during certain hours. When signs are erected by the city engineer in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in this section of any day, or upon any of the streets or parts of streets described as follows: (1) All access ways in public parking lots at any time; (2) At all times during hazardous snow and ice conditions where posted. (Ord. 001-12 § 4). Violation of this section is a Class A infraction. 10.12.490 Parking time limited on certain streets. (1) When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold on the west side of Arnold Avenue E.: Avenue E., south of Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin on both sides, from Division Avenue: Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Page 87 of 150 Back to Agenda urainance ivo. Page 25 of 35 Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. S. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays. 10. Bravo on the east side from the Bravo Terrace: Terrace intersection south to end of cul-de-sac. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and Page 88 of 150 Back to Agenda urainance ivo. Page 26 of 35 federal holidays. 11. Cline on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline from the northeast corner of Avenue: Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 13. Cline on both sides, from Taylor Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb on both sides, from Seattle Street: Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 15. DeKalb on the north side, from Sidney Street: Avenue westerly for a distance of 120 feet. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 16. DeKalb on the south side, from Tracy Street: Avenue easterly to the end of Page 89 of 150 Back to Agenda urainance ivo. Page 27 of 35 DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb on both sides, from Mitchell Street: Avenue westerly for a distance of 340 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb on the north side, from Mitchell Street: Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. Division on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division on both sides, from Cline Street: Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division on both sides from Cline Avenue Street: westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 22. Dwight on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 23. Dwight on both sides, from Mitchell Page 90 of 150 Back to Agenda urainance ivo. Page 28 of 35 Street: Avenue westerly for a distance of 250 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight on both sides, from Austin Street: Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Farragut on the east side, 160 feet north Avenue: of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Frederick on both sides, from waterfront Avenue: parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 27. Harrison on both sides, from DeKalb Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison on both sides, from Dwight Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison on both sides from Ada Street Avenue: to dead end. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Kitsap on both sides, from Cline Page 91 of 150 Back to Agenda urainance ivo. Page 29 of 35 Street: Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap on both sides, from Mitchell Street: Avenue westerly for a distance of 150 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Mitchell on the east side, from DeKalb Avenue: Street northerly for a distance of 70 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell on the west side, from Kitsap Avenue: Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell on the east side, from DeKalb Avenue: Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 35. Morton on both sides, from Rockwell Street: Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton on both sides, from Rockwell Street: Avenue easterly for a distance Page 92 of 150 Back to Agenda urainance iva. Page 30 of 35 of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Prospect on both sides, from Sidney Street: Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one - hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 38. Prospect on both sides, from Kitsap Street: Street to Robert Geiger Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 39. Prospect along the green curb, in front of Street: City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 40. Robert on the north side, from Geiger Street: Prospect Street to Bay Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Seattle on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any Page 93 of 150 Back to Agenda urainance ivo. Page 31 of 35 day except Saturday, Sunday, and federal holidays. 42. Seattle on both sides from Dwight Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Sidney on both sides from Bay Street to Avenue: the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney on the east side from Bay Street Avenue: to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney on both sides, from Prospect to Avenue: Kitsap Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 46. Sidney on both sides, from Kitsap Avenue: Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney on both sides, from DeKalb Avenue: Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sweany on the south side, from Cline Street: Avenue westerly for a distance of 300 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Page 94 of 150 Back to Agenda urainance ivo. Page 32 of 35 Saturday, Sunday, and federal holidays. 49. Sweany on the north side, from Sidney Street: Avenue westerly for a distance of 200 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Tracy on both sides, from DeKalb Avenue: Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy abutting 219 Tracy Avenue. Avenue: There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Water from Bay Street to waterfront Street: on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF# (8903310122) except Saturday, Sunday, and federal holidays. (2) Violation of this section is a Class A infraction. 10.12.500 Parking time limited on certain city parking lots. (1) The city parking lots are identified as follows: (a) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 1 is a combination of city parking and Port Orchard Marina parking. Port Orchard Marina parking is the three northernmost rows and shall be managed by the Port of Bremerton. City parking is limited to four hours maximum and/or monthly merchant parking. Page 95 of 150 Back to Agenda urainance iNo. Page 33 of 35 (b) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall. (c) Lot 3, which is the five rows of parking area under city jurisdiction west of Harrison Avenue and east of and parallel to the library's easternmost exterior wall. Parking in the three westerly rows of Lot 3 shall be allowed for a maximum period of four hours at no monetary charge. Parking in the easterly two rows is paid parking and shall require a paid daily parking pass as established in POMC 10.12.620. (d) Lot 4, which is all parking area under city jurisdiction which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is a combination of free two-hour parking for the park at the most northerly and easterly corner and paid parking and shall require a paid daily parking pass as established in POMC 10.12.620. (e) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be for City Hall ADA Parking patrons and official vehicles only. The police chief or his/her designate may authorize deviations to this policy for Lot 5, if necessary. No monetary charge. (f) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge. (g) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge. (h) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge. (i) Paul Powers Park, which lies north and east of the public works department "south shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk parking only. (j) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only. (k) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7 and 8 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. (3) Parking restrictions in Lot 4 shall also be enforced on a 24-hour basis on each Saturday in the period of April 1st to October 31st. (4) Currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each 12-hour interval or part thereof. (2) Violation of this section is a Class A infraction. Page 96 of 150 Back to Agenda urainance ivo. Page 34 of 35 10.12.510 Parking passes. Parking passes are established for city parking lots defined in POMC 10.12.580 and are subject to sales and use tax defined in RCW 82.14.020(3). (1) Hourly Public Parking Pass. An hourly public parking pass is available to the general public and will require the payment as designated in subsection (1)(a) of this section in United States currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each one -hour interval. (a) Hourly public parking pass rates are as follows: $1.00. (2) Daily Public Parking Pass. A daily public parking pass is available to the general public and will require the payment as designated in subsection (2)(a) of this section in United States currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each 12-hour interval or part thereof. (a) Daily public parking pass rates are as follows: $8.00. (3) Weekly Public Parking Pass. A weekly public parking pass is available to the general public and will require the payment as designated in subsection (3)(a) of this section in United States currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space. The weekly pass will be good for five consecutive business calendar days from the date of purchase. Weekly parking passes are nonrefundable and not valid Saturday, Sunday, and federal holidays; and will not be prorated. (a) Weekly public parking pass rates are as follows: $38.00. (4) Monthly Downtown Merchant Parking Pass. A downtown merchant parking pass is available to documented business owners, and their documented employees, whose business and place of employment is located in the downtown Port Orchard area between and including the 500 and 1300 blocks of Bay Street and the north and west side of Prospect Street. Downtown merchant parking passes will require the payment as designated in subsection (4)(a) of this section in United States currency and may be purchased from the city finance department. Downtown merchant parking passes are nonrefundable. (a) Monthly downtown merchant parking pass rates are as follows: $35.00. (5) Monthly Commuter Vanpool or Carpool Parking Pass (Three or More Persons per Vehicle, Registered with Kitsap Transit). A commuter vanpool or carpool parking pass is available to registered vanpools and carpools and will require the payment as designated in subsection (5)(a) of this section in United States currency. Commuter vanpool or carpool parking passes may be purchased from the city finance department. Commuter vanpool or carpool parking passes are nonrefundable; guarantee designated parking spaces between the hours of 4:00 a.m. and 10:00 a.m. except Saturday, Sunday and federal holidays; and will not be prorated. Does not apply to city employee Lot 8 carpool designated stalls. (a) Monthly commuter vanpool or carpool parking pass rates are as follows: $35.00. (6) Daily Contractor's Parking Pass. A contractor's parking pass shall be $8.00 per day per parking space Page 97 of 150 Back to Agenda vrainance ivo. Page 35 of 35 per 24-hour period. The purpose of this pass is to accommodate a temporary need of parking, as determined by the city engineer. (Ord. 058-19 § 2, 2019; Ord. 024-16 § 1; Ord. 017-15 § 3; Ord. 001-15 § 1; Ord. 001-12 § 7). 10.12.520 Parking passes— Rules. The following rules apply to the use of city parking passes as defined in POMC 10.12.600 as follows: (1) Applicable Parking Lots. The city -issued parking passes, except for the contractor's parking pass, are applicable only to Lot 1 and Lot 4. The city -issued parking passes, to include the contractor's parking pass, do not provide parking privileges in city -owned Lots 2, 3, 5, 6, or 7. Available parking areas for contractor's parking passes will be specified when the parking pass is issued. This subsection does not apply to city employee Lot 8. (2) Stalls Reserved 4:00 a.m. to 10:00 a.m. Designated parking stalls in Lot 1 and Lot 4 will be marked to allow parking only by monthly public parking pass, downtown merchant parking pass, and commuter vanpool or carpool parking pass holders between the hours of 4:00 a.m. and 10:00 a.m. except Saturday, Sunday and federal holidays. (3) Posting of Passes. The city -issued parking passes for hourly and daily parking must be affixed on the inside of the vehicle's driver's door window (not the front windshield). Passes for monthly, merchant, carpool, and contractor's passes must be affixed to the bottom portion of the hangtag provided and then hung from the rearview mirror located on the vehicle's front windshield. If no rearview mirror exists, the hangtag shall be placed face up on the middle of the dash and made clearly visible from outside of the front of the vehicle. It is the responsibility of the pass holder to place the parking pass as described above. (4) Enforcement. The city -issued parking pass allows the specified vehicle to park in a city -designated paid parking lot without making daily parking fee deposits. The parking pass does not allow the vehicle to park in excess of the posted hours or be exempt from any posted parking rules in any other location. Violation of this section is a Class A infraction. (Ord. 001-12 § 8). 10.12.530 Parking of certain trailers and semitrailers. No trailer or semitrailer shall be parked upon any city street unless the trailer or semitrailer is attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semitrailer may be moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the trailer or semitrailer during the hours of darkness, such trailer or semitrailer may be permitted or allowed to remain for a period not exceeding 24 hours pending removal, except that such trailer or semitrailer shall not remain upon any portion of a city street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. Violation of this section is a Class A parking infraction. (Ord. 035-18 § 4; Ord. 018-18 § 3). Page 98 of 150 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7C Agenda Staff Report Subject: Adoption of a Resolution Approving a Contract with Excel Business Systems, Inc. for PW and Admin Copiers Maintenance Back to Agenda Meeting Date Prepared by Atty Routing No: Atty Review Date July 12, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: The City purchased two copiers, one located at the Public Works Shop and the other located at City Hall in the Finance/administration department, in 2019 with a 3-year maintenance agreement. The copiers maintenance agreements are set to expire on July 31, 2022, and staff wishes to enter into a new 3-year maintenance agreement. However, pursuant to RCW 42.23.030 (6)(a) limits the amount a municipal officer can benefit from a contract in which the total amount received under the contract or contracts to $1,500 in any calendar month. Because a councilmember does not meet that threshold, the City is interested in continuing to have Excel Business Systems, Inc. proved the maintenance on the two copiers. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends adopting a resolution and authorizing the Mayor to execute a maintenance agreement with Excel Business Systems, Inc. for two copiers. Motion for consideration: I move to adopt a resolution and authorize the Mayor to execute a maintenance agreement with the Excel Business Systems, Inc. for two copiers, as presented. Fiscal Impact: Funds have been designated as part of the 2021/2022 Biennial Budget. Alternatives: Do not approve and provide direction to staff. Attachments: Resolution and maintenance agreements. Page 99 of 150 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A CONTRACT WITH EXCEL BUSINESS SYSTEMS FOR TWO COPIER MAINTENANCE AGREEMENT WHEREAS, the City purchased two copiers, located at the Public Works Shop and at City Hall in the Finance/administration department, in 2019 with a 3-year maintenance agreement; and WHEREAS, the copiers maintenance agreements set to expire on July 31, 2022 and staff wishes to enter into a new agreement for a 3-year maintenance agreement; and WHEREAS, pursuant to RCW 42.23.030 (6)(a) limits the amount a municipal officer can benefit from a contract in which the total amount received under the contract or contracts to $1,500 in any calendar month. Because the councilmember does not meet that threshold, the City is interested in continuing the maintenance agreement on the copiers with the same vendor; and WHEREAS, city council authorizes the mayor to execute an agreement with Excel Business Systems for two copier maintenance agreements; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Authorize the Mayor to execute the copier maintenance agreement for the Public Works Shop and Finance/Administration copier. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12th day of July 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 100 of 150 BUSINESS SYSTEMS, INC. imageCARE Gold - Benefits Our imageCARE t . o i (l full service & supply program provides the following value to our customers. 1) 4 Hour or less response time if your machine is down! 2) Priority 1 service to all other calls: >8 business hours. 3) Pro -Active Service: Automatic, prescheduled visits for cleaning, lubrication and adjustment based on your usage and needs. 4) Only Canon certified toner, drums and parts will be used to maintain your equipment to factory specifications. 5) 24 Hour Remote Monitoring of your system for automated meter readings, supply replacement notifications and operational issues. 6) All technician travel time and tolls to your location. 7) All factory modifications and firmware updates installed. 8) All non stock part items needed, ordered overnight! Installation by the end of the next working day. 9) A Loaner Machine if we cannot repair your system within 2 business days. 10) Unlimited phone support from our factory trained technicians. 11) Unlimited training as needed for your employees. Prou*semV soulviesti rn PugetSand buw since 19U Canon auB,amed sales / service specialists. Tomorrow' Bu�4gk� 5gptions ... Today V _ - BUS/NESS SYSTEMS, INC. 360.443.2220 z 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract Client: CITY OF PORT ORCHARD CUSTOMER #: P1008-002 Address: PUBLIC WORKS DEPARTMENT Contact: BRANDY WALLANCE 1535 VIVIAN COURT Phone: 360-876-7030 PORT ORCHARD, WA 98367 Email: bwallace@cityofportorchard.us Equipment: CANON IR ADV C356iF Serial Number: 2ABO3442 Condition: USED Surge Protectors: YES Contract: imageCARE Gold Plus Please see imageCARE programs for complete details Billing Cycle: MONTHLY START: AUGUST 1, 2022 END: JULY 311 2025 Black Start Meter ** Color ** Scan ** Covered 0 0 0 Additional images .01627 .1052 .00215 Client Acceptance Date: JULY 12, 2022 Sales Rep: Mark Trenary RATE PER BILLING CYCLE: AS USED *Does not include tax, overages and/or billing fees if applicable **ACTUAL START METERS TAKEN ON 7/31/22** Please see back for complete Terms & Conditions Signature: Print Name: Page 102 0 150 Your Locally Owned imaging Partner Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate may be discounted by 30%. Page 103 of 150 Back to Agenda BUS/MESS SYSTEMS, /MC. 360.443.2220 e 253.473.9663 ■ 800.922.9449 www.excelbusinesssystems.net Service Contract Client: CITY OF PORT ORCHARD Address: 216 PROSPECT STREET PORT ORCHARD, WA 98366 Equipment: CANON IR ADV C356iF Condition: USED CUSTOMER #: P1008 Contact: BRANDY WALLACE Phone: 360-876-7030 Email: bwallace@cityofportorchard.us Serial Number: 2ABO3441 Surge Protectors: YES Contract: imageCARE Gold Plus Please see imageCARE programs for complete details Billing Cycle: MONTHLY START: AUGUST 1, 2022 END: DULY 31, 2025 Black ** Color ** Scan Start Meter ** Covered 0 0 0 Additional images .01627 .1052 .00215 Client Acceptance Date: JULY 12, 2022 Sales Rep: Mark Trenary RATE PER BILLING CYCLE: AS USED *Does not include tax, overages and/or bi0ing fees if applicable **ACTUAL START METERS TAKEN ON 7/31/22** Please see back for complete Terms & Conditions Signature: Print Name: Your Locally dvO'WiWaging Partner Excel Business Systems, Inc. imageCARE Service Contract General Terms and Conditions PURPOSE: This contract covers the cost for adjustments, repairs, and replacements of parts and supplies items, excluding staples and paper, necessitated by normal use of the equipment. All damages or losses resulting from accident, misuse, or other events such as fire, theft, water damage or ANY OTHER CAUSE EXTERNAL to the machine are not covered. The use of unauthorized parts, components, modifications, or personnel to effect repairs or changes will be considered misuse and repairs will be billed at the current billable rate. This contract does not cover loss of use or production. Services under this contract do not assure uninterrupted operation of the machine. Excel is not responsible for failure to render services due to causes beyond our control. TERMS: This Service Contract is effective for 36 months or as specified under Additional Terms as to each unit of newly purchased Equipment. The contract will be automatically renewed at 1 year terms unless written notice is received by Excel at least 30 days prior to the expiration date. The customer then agrees to pay the then current annual cost rate for the new contract. If the contract is not renewed, the Customer is responsible for returning all unused supplies to Excel's office at the Customer's expense. If supplies are not returned within 30 days of non -renewal of contract, Excel will invoice Customer for full retail value of supplies. If you cancel at any time other than at least 30 days prior to the expiration date, we are not obligated to issue any credit invoice or refund. Additionally, Excel reserves the right to bill customer pro -rated usage for any maintenance kits, imaging units, or fuser units installed in customers equipment in the previous 60 days. PAYMENT DEFAULT OR BREACH OF CONTRACT: Failure to pay within 30 days of invoice for any payment due will put this contract on a credit hold. All parts and service rendered during that time period will be charged separately. If the Customer does not pay all charges, billed under the terms of this Contract, promptly when due, or in the event of a breach of any of the other terms of the Agreement, Excel may (1) refuse to service the equipment until remittance is made, (2) provide service on "Per Call" billable rates, (3) require C.O.D. payment in full at the time of service (and any supplies) at Excel's "Per Call" billable rates, and (4) take any and all other actions as provided by law. Such remedies shall be cumulative, and the waiver of any one breach by customer shall not be deemed a waiver or any other or subsequent breach. AMENDMENTS: Verbal agreements are not part of this contract. No one is authorized to change, alter, or amend the terms and conditions of this contract unless agreed to in writing by officers of Excel. This contract is nontransferable by the customer. MAINTENANCE: Execution of a contract service call will be made during normal business hours (8:30 to 5:00 Monday thru Friday) on the equipment specified on this contract. Work requested to be done outside Excel's normal working hours WILL BE CHARGED FOR at the current billable rate with a 4 hour MINIMUM charge. Periodic inspections for the purpose of rendering preventative maintenance (PM's) and servicing will be made on dates specified by Excel. These inspections will be based on a calendar year or meter schedule depending on the operating conditions of the equipment. All PM's will be performed as per FACTORY specified intervals. CUSTOMER OBLIGATIONS: Throughout the term of this contract you shall (1) monitor the machine operation and notify us if you determine that the equipment is in need of repair; (2) permit Excel to enter the property where the equipment is located to inspect it an any reasonable time; (3) provide Excel with a reasonable amount of space to make necessary inspections or repairs; (4) supply required electrical power; (5) take responsibility for the daily maintenance of equipment, to include (a) replacing toner and waste toner bottles as needed, (b) keeping the glass clean, (c) having proper supply inventory, (d) removal of occasional paper miss -feeds, and (e) provide Excel with accurate meter readings for billing. If you do not supply meters readings to Excel when requested, Excel reserves the right to estimate your meters, or send an Excel representative to your location at your expense. EXCLUSIONS: The following services are not covered under this contract and may cause this contract to be null and void without refund: (1) repair of damage or the replacement of maintenance parts caused by accident, disaster, neglect, abuse or misuse of the machine; (2) the use of parts, supplies, components, modifications or personnel to effect repairs on the machine not approved by Excel as 'suitable' for your particular machine(s); (3) transportation or relocation; (4) relocation of machine(s) outside of Excel's authorized servicing area; (5) circuit board repairs or replacement costs when you do not have your machine connected to an Excel approved surge protection device; (6) service calls caused by any additions to, or changes to the customer's computer or network environment. Customer's network is defined as anything on the network side of the cable connecting the machine to the local area network. If customer network service is required, those services can be provided by Excel on a billable basis at the current billable rate. If your customer account is current the billable rate may be discounted by 30%. Page 105 of 150 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7D Agenda Staff Report Subject: Adoption of a Resolution and Accepting the Responsible Bidder and Authorize the Mayor to Execute an Agreement for the City's Official Newspaper Back to Agenda Meeting Date: Prepared by: Atty Routing No: Atty Review Date July 12, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: RCW 35A.40.210 and 35.23.352(7) requires each city or town designate an Official City Newspaper of general population less than 20,000. The newspaper shall be of general circulation within the city or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services was noticed and published on June 10 and June 21, 2022, with bids being received no later than 4:00pm on June 23, 2022. The City received the following bids: Kitsap Sun: Cost per single line $1.96 Circulation Numbers: City of Port Orchard (within city limits) 851 South Kitsap Urban Growth Area 1,430 Port Orchard Independent: Cost per single line $1.90 Circulation Numbers: City of Port Orchard (within city limits) 843 South Kitsap Urban Growth Area 1045 In reviewing the bids submitted, it was determined that the Port Orchard Independent's submission is the lowest responsible bidder. Recommendation: Staff recommends adopting a resolution accepting the bid and authorizing the Mayor to execute a contract with the Port Orchard Independent as the City's Official Newspaper. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution accepting the bid and authorize the Mayor to execute an agreement with the Port Orchard Independent as the City's Official Newspaper as presented. Page 106 of 150 Back to Agenda tsusiness Item 7D Page 2 of 2 Fiscal Impact: Funds have been designated for publications as part of the 2021/2022 Biennial Budget. Alternatives: None. Attachments: Resolution and Bid documents. Page 107 of 150 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DESIGNATING PORT ORCHARD INDEPENDENT AS THE CITY'S OFFICAL NEWSPAPER OF RECORD IN ACCORDANCE WITH RCW 65.16. WHEREAS, pursuant to RCW 35A.21.230, each code city shall designate a qualified official newspaper by resolution, and the qualifications for a legal newspaper are set out in RCW 65.16.020; WHEREAS, pursuant to RCW 35.23.352(8) and RCW 35A.21.230, the City of Port Orchard, as a non -charter code city with a population under 20,000, the City must select its official newspaper of record by formal bid and the contract shall be awarded to the lowest responsible bidder; and WHEREAS, the City's current newspaper of record, selected via competitive bidding, is the Kitsap Sun; and WHEREAS, in Mid -June 2022, the City solicited bids for its newspaper of record, and received two responses, from Kitsap Sun and Port Orchard Independent which both are a qualified paper under RCW 65.16.020; and WHEREAS, in reviewing the bids submitted, it was determined that the Port Orchard Independent's submission is deemed the lowest responsible bidder; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council hereby accepts the bid received by the Port Orchard Independent in response to the City's call for bids for the official newspaper. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 12th day of July 2022. ATTEST: Brandy Wallace MMC, City Clerk Robert Putaansuu, Mayor Page 108 of 150 Back to Agenda Tara Hamm City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 BID FORM ALL INTERESTED BIDDERS MUST COMPLETE AND SUBMIT THE FOLLOWING: $ 1.96 per single line (including applicable sales tax). What are your paid circulation numbers within City limits, as well as inside the Port Orchard Urban Growth Area: 851 1430 Circulation Number within City limits Circulation Number within the Port Orchard Urban Growth Area (Zip Codes 98366 and 98367) Audited circulation? x Yes No Confirm you publish in hard -copy at least once a week? x Yes No Confirm you are equipped to provide an original Affidavit of Publication? Yes No The undersigned states that he or she is authorized to submit a bid on behalf of the corporation, partnership, or sole proprietorship listed below and further states that the corporation, partnership, or sole proprietorship is bound by the above offer. Name of Legal Newspaper: Kitsap Sun Signed: Typed or printed Name: _ Address: 545 5th St City/State/Zip: Bremerton, CA 98337 866-431-8665, Telephone Number: Legal team 360-792-3333 opt 3 Date: 6/10/2022 Email: thamm@gannett.com legal submission: legals@kitsapsun.com Title: Director Official Newspaper Bid Form and Specs. 2022/2023 Page 1 of 1 Page 109 of 150 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 BID FORM ALL INTERESTED BIDDERS MUST COMPLETE AND SUBMIT THE FOLLOWING: $ 1.90 per single line (including applicable sales tax). What are your paid circulation numbers within City limits, as well as inside the Port Orchard Urban Growth Area: 843 Circulation Number within City limits 1045 Circulation Number within the Port Orchard Urban Growth Area (Zip Codes 98366 and 98367) Audited circulation? Yes X No Confirm you publish in hard -copy at least once a week? X Yes No Confirm you are equipped to provide an original Affidavit of Publication? X Yes No The undersigned states that he or she is authorized to submit a bid on behalf of the corporation, partnership, or sole proprietorship listed below and further states that the corporation, partnership, or sole proprietorship is bound by the above offer. Name of Legal New�pa Signed: Typed or printed Name: E Port Orchard Independent Title: Regional Advertising -Director Address: 921 Hildebrand Lane #202 City/State/Zip: Bainbridge Island, WA, 98110 Telephone Number: 360-779-4464 Date: June 23, 2022 Email: ekennedy-@soundoublishing.com Official Newspaper Bid Form and Specs. 2022/23 Page 1 of 1 Page 110 of 150 Back to Agenda AN City of Port Orchard i u I 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 e FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: July 12, 2022 Subject: Adoption of a Resolution Authorizing the Prepared by: Mark Dorsey, P.E. Purchase of Kitsap County Tax Parcel No. Public Works Director 4027-032-001-0102 & 4027-023-018-0003 Atty Routing No.: 366922-0009 — PW and Payment of Associated Relocation Atty Review Date: July 6, 2022 Benefits for the Bay Street Pedestrian Pathway Project Summary: The City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., in conjunction with the City, identified Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property') as a necessary acquisition for the Bay Street Pedestrian Pathway Project. Accordingly, the consultant has negotiated terms of a voluntary purchase of the Property, as well as associated relocation benefits (including payment towards a replacement Property) in accordance with Resolution No. 028-16 (Right -of -Way Acquisition Procedures) and the City's Relocation Assistance Program. On July 5, 2022, the Public Works Director executed the Concurrence and Authorized for Payments of Just Compensation for the City's purchase of Kitsap County Tax Parcel No. 4027-032-001-0102 & 4027-023-018-0003 (the "Property") in the amount of $725,000.00, plus incidentals and closing costs, subject to Council approval of the purchase. The City has not yet received the settlement statement with the final amount of closing costs but estimates that those amounts will not exceed $10,000. Additionally, on July 8, 2022, the Public Works Director executed the following documents for the following relocation benefits, subject to Council approval of these benefits: Voucher No 1. A Voucher providing benefits for a replacement property inspection, in the total amount of $733.53 (paid to the home inspector, aka Relocation Housing Payment). Voucher No 2. A Voucher providing benefits for a replacement property inspection, In the total amount of $550.00 (paid to the home inspector, aka Relocation Housing Payment) (Note that the eligible benefits amount is $550 and not the invoiced amount of $650). Voucher No 3. A Voucher providing benefits for a replacement property inspection, In the total amount of $400.00 (paid to the home inspector, aka Relocation Housing Payment). Voucher No 4. A Voucher providing benefits for a self -move by the property's owners, supported by a Move Expense Agreement Residential and Relocation Assistance, in the amount of $7,400.00 (aka Moving Benefit Payment). Voucher No. 5. A Voucher providing benefits for the purchase of a relocation property, supported by a Price Differential Report and Relocation Assistance, in the total amount of $677,515.90 (Incidentals/Closing Costs estimated at $1,515.50, plus a purchase price differential $676,000.00) (aka Relocation Housing Payment). The Owner has not yet received the settlement statement with the final amount of incidentals/closing costs but estimates that those amounts will not exceed $5,000. Page 111 of 150 Back to Agenda .3Laii Report7E Page 2 of 2 Please note: all expenditures associated with the Bay Street Pedestrian Pathway Project have been identified within the Project Funding Estimate (PFE) and are Grant eligible. Additionally, this acquisition is for the residential purchase and relocation benefits only, a future action for a business relocation is pending. Relationship to Comprehensive Plan: Chapter 8 - Transportation Recommendation: For this property acquisition and associated relocation benefits, as needed for the Bay Street Pedestrian Pathway Project, Staff recommends that the City Council authorize the following: 1. The Mayor's execution of all documents necessary to effectuate the purchase including but not limited to: a) the Real Estate Purchase and Sale Agreement in the amount of $725,000.00, b) the Warranty Deed, c) the Real Property Voucher d) the Real Estate Excise Tax Affidavit form and e) payment of additional associated incidentals/closing costs/escrow fees in an amount not to exceed $10,000.00, for an authorized Total Acquisition Payment not to exceed $735,000.00. 2. Approve Relocation Payments (Vouchers Nos. 1, 2, and 3) for replacement property inspections, in the total amount of $1,683.53. 3. Approve Relocation Payments (Voucher No. 5) towards the purchase of a replacement property, (Incidentals/Closing Costs estimated at $1,515.50, plus a purchase price differential $676,000.00), for an estimated total of $677,515.90, plus the payment of additional associated incidentals/closing costs/escrow fees, if any, in an amount not to exceed $5,000, for a total authorized amount not to exceed $682,515.90. 4. Approve the Moving Benefit Payment (Voucher No. 4) in the amount of $7,4000.00. Motion for Consideration: I move to adopt Resolution No. 066-22, authorizing the purchase of Kitsap County Tax Parcels Nos. 4027-032-001-0102 & 4027-023-018-0003 for the Bay Street Pedestrian Pathway Project and the payment of associated relocation and moving benefits. Fiscal Impact: Grant and Local Match funding for this acquisition expenditure is allocated within the Project Funding Estimate (PFE) for the Project and the 2021-2022 Biennial Budget. Alternatives: None Attachments: Res. No. 066-22 For Acquisition of Kitsap County Tax Parcels Nos. 4027-032-001-0102 & 4027-023-018-0003: • Offer Letter • Pertinent Portions of the Right -of -Way Plan • Real Estate Purchase and Sale Agreement • Warranty Deed For Moving/Relocation: • Executed Agreement to Relocate (aka Approved 6.30.22 Revised Notice of Relocation Eligibility, Entitlement, & 90 Days Assurance). • Relocation Assistance Voucher No. 1— Home Inspection payment • Relocation Assistance Voucher No. 2 — Home Inspection payment • Relocation Assistance Voucher No. 3 — Home Inspection payment • Relocation Assistance Voucher No. 4 — Moving costs for Self -Move • Relocation Assistance Voucher No. 5 — Payment for Replacement Property (based on actual Price Differential Report) Page 112 of 150 Back to Agenda RESOLUTION NO. 066-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF KITSAP COUNTY TAX PARCEL NOS. 4027-032-001-0102 AND 4027-023-018-0003 FOR THE BAY STREET PEDESTRIAN PATHWAY PROJECT AND THE PAYMENT OF ALL ELIGIBLE RELOCATION BENEFITS ASSOCIATED WITH THE PURCHASE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE TRANSACTIONS. WHEREAS, the City has identified the need to acquire real property to support the construction of the Bay Street Pedestrian Pathway Project (the "Project"); and WHEREAS, in accordance with the City's Acquisition Procedures and Relocation Assistance Program, the City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., has negotiated the terms of purchase by the City of real property located at 1777 Bay Street, Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property"); and WHEREAS, the consultant has identified the requisite relocation assistance benefits owing to the owner of the Property, and staff has reviewed and approved those determinations, in conjunction with the Washington State Department of Transportation, Local Programs, serving as Contract Administrator for the Project; and WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to authorize the acquisition of the Property for fair market value and authorize all associated relocation payments consistent with the City's Relocation Assistance Program; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the acquisition of Kitsap County Tax Parcel Nos. 4027- 032-001-0102 and 4027-023-018-0003 for the Bay Street Pedestrian Pathway, for a Total Acquisition Payment not to exceed $735,000, inclusive of the payment of additional associated incidentals/closing costs/escrow fees in an amount not to exceed $10,000.00, and authorizes the Mayor to execute all necessary documents to effectuate the purchase, including but not limited to: a) the Real Estate Purchase and Sale Agreement, b) the Warranty Deed, c) the Real Property Voucher and d) the Real Estate Excise Tax Affidavit form. Page 113 of 150 Back to Agenda Resolution ivo. utid-/-2 Page 2 of 2 THAT: The City Council authorizes Relocation Payments pursuant to the Relocation Assistance Program in the amounts not to exceed the following and authorizes the Mayor or designee to execute all necessary documents to effectuate these payments: $1,683.53 for inspections of possible replacement properties during the replacement property search process; and $682,515.90 for actual replacement housing payment, (at the time of adoption of this Resolution Incidentals/Closing Costs estimated at $1,515.50, plus a purchase price differential $676,000.00, for an estimated total of $677,515.90, plus the payment of additional associated incidentals/closing costs/escrow fees, if any, in an amount not to exceed $5,000, for a total authorized amount not to exceed $682,515.90). THAT: The City Council authorizes and ratifies the Moving Benefit Payment in the amount of $7,400.00, pursuant to the Relocation Assistance Program; and PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 12t" day of July 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 114 of 150 Back to Agenda erre ou A C L S C 0 M P A N V May 1, 2022 Randy A. Jones and Franklin Joseph Rusk 1777 Bay St. Port Orchard, WA 98366 Offer Letter Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-032-001-0102 & 4027-023-018-0003 Federal Aid No: STPE-STPUS-0166(008) Dear Randy and Franklin: The City of Port Orchard (City) plans to proceed with the above -titled public project for a multi - modal (bike and pedestrian) pathway project. The purpose of this letter is to notify you of the following: • The City's interest in acquiring your property and/or property rights for this project. • The City's determination of just compensation for your property and/or property rights. • The basic protections afforded to you by law. As outlined below, the City has established an amount it believes is Just Compensation based on the market value estimated for your property. The City's offer is as follows: Land and Improvements Conveyed in Fee: $725,000 Total Amount (Rounded) $725,000 Your property has been examined by a qualified appraiser and appraisal reviewer who has carefully considered all the elements which contribute to the market value of your property. You, or your designated representative, were provided with an opportunity to accompany the appraiser and appraisal reviewers on all inspections of your property. By law, the appraisers and appraisal reviewers must disregard any general increase or decrease in value caused by the project. Owners and tenants of dwellings, businesses, farm operations, or nonprofit organizations being displaced cannot be required to move from the referenced property without being given a written assurance of at least 90 days prior to the date by which they will be required to vacate the property. Tierra Right of Way Services, Ltd. LPA-350 Leslie Findlay, Designated Broker Rev. 5/2021 8685 Martin Way East, Suite 203 r Lacey, Washington 98516 • Phone: 206.363.1556 Right of Way • Cultural Resources . Environ.Lna1b0 ee1115ofing C Toll Free: 800.887.0847 ■ www.tierra-row.cor The City will provide this assurance as well as additional information regarding your eligibility in forthcoming relocation letter entitled, "Notice of Relocation Eligibility, Entitlements, and 90-Day Assurance". Occupancy of the property beyond the date the City acquires possession will require that a rental agreement be signed, and rent be paid. If a mutually agreeable settlement is not reached, the Agency, acting in the public interest, will use its right of eminent domain to acquire property for public use. In conformity with the Washington State Constitution and laws, the Agency's legal counsel will file a condemnation suit to obtain a "Court Order of Public Use and Necessity", and a trial will be arranged to determine the just compensation to be paid for the property. This action is taken to ensure your rights as an individual property owner are protected. If a condemnation action is filed, you should consider consulting with an attorney to ensure that you receive appropriate representation. You may wish to employ professional services to evaluate the City's offer. If you do so, we suggest that you employ well -qualified evaluators so that the resulting evaluation report will be useful to you in deciding whether to accept the City's offer. The City will reimburse up to $750.00 of your evaluation costs upon submission of the bills or paid receipts. The Internal Revenue Service (IRS) requires that the City obtain your correct taxpayer identification number (TIN) or social security number (SSN) to report income paid to you as a result of this real estate transaction. Payment for your property and/or property rights will be made available to you as soon as reasonably possible after acceptance of the Agency's offer, provided that there are not delays in closing the transaction. The date on which payment is made available to you is called the "payment date". On that date, the Agency becomes the owner of the property purchased and responsible for its control and management. If you have personal property presently located on the property being acquired by the City that needs to be moved, the City will reimburse you for the cost of moving it through the Relocation Assistance program. Enclosed please find the following: • A plan sheet showing the property rights needing to be acquired ■ The necessary legal documents for the transferring of the property or property rights • Purchase and Sale Agreement • Real Estate Excise Tax Affidavit • Real Property Voucher ■ W-9 per IRS requirements • A copy of the valuation of your property • Title Report • Utility Service Provider Contact Sheet • Escrow Agreement • Transportation Needs and You Brochure (explaining the Right of Way acquisition process) LPA-350 Revised 5/2021 Page 116 of 150 2 This letter has been sent to provide a concise statement of City's offer and summary of your rights. Please feel free to direct any questions you may have to the undersigned. Thank you for your time and consideration. Sincerely, Marge R. Bailey Sr. Right of Way Agent Tierra Right of Way Services, Ltd. 8685 Martin Way E., #203 Lacey, WA 98516 253-439-7143 mbailey@tierra-row.com Enclosures Offer Letter Signature: Date: 'T —S Z 0 z Z Date: ~% 'S Zo ZZ fin n Joseph Rusk Signature above does not mean acceptance or rejection of offer. LPA-350 Revised 5/2021 Page 117 of 150 Back to Agenda o� a +� o z- iS a s s o o s w0 S 3 St 3 S 5 H g g o g J. U e S o 0 0 0 0 3 6 8 3 w 9i R S Y S �, i,, "I.",- ' YI'..:ho i.4 uv.1 �i �i �::�� :� �'..n Vnn�l l'.. 6N i i•q I �1 �. ••.I' - Page 118 of 150 Back to Agenda -_oil . 211111111111 ■ ■ e a Iwo E 1N3M33S— J o>s .0 02H o •. al t I 00+BS :1j Fl d 31 a:!. x G I o:• o i I 1S 3ON3aMVl - z L- o ti w I 1] I `•1 w � w� I - •', l I �• ' �� I I I r I I I I W 11 `k: Qi 1 I ,� Yoko m I a: o - Lao, a l z i ss y r z to Z 4 I, I ®I R I } I r� 1. •� I � I ® 40 -� Ihl l x 0. sl a V �I I I I � CJ IHhL4 Id 01 aJNao3-a=�avnu - -M ,I I,Lf.bS N I I MATCH LINE 51A 46+50 SHEEI 5 � � s W ¢ cl a a LU ss 0 o b t � S, �r zg wa Nge� I MY LO II ZZCZ/L/f brP 10MOa10061\SONIMMO OSIM\A3n8r15\(llla!1) I!"I PaIJ 01!^ SON-10061\CM380 1a0d\S133P08d\ M Page 120 of 150 lack to Agenda REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter "Agreement") is entered into by and between Randy A. Jones and Franklin Joseph Rusk (hereinafter "Seller") and the City of Port Orchard, hereinafter referred to as "AGENCY", a municipal corporation and political subdivision of the state of Washington (hereinafter "Purchaser"). Seller and Purchaser may hereinafter collectively be referred to as "Parties" or individually as a "Party." AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and covenants contained herein, the sufficiency of which is unconditionally acknowledged by Seller and Purchaser, the Parties agree as follows: 1. The Property. Seller is the sole owner in fee simple of certain real property located in Pierce County, Washington identified by parcel number 4027-032-001-0102 & 4027-023- 018-0003 and legally described on the attached Exhibit A (the Property). 2. Purchase and Sale. Seller shall sell and convey to Purchaser, and Purchaser shall purchase and accept from Seller, upon the terms, covenants, and conditions set forth in this Agreement, all of Seller's right, title, and interest in and to the Property, including all after - acquired property. Seller warrants that Seller has full right, title, authority, and capacity to execute this Agreement and sell the Property. Purchaser warrants that Purchaser has full right, title, authority, and capacity to execute this Agreement and purchase the Property. 3. Purchase Price and Payment. The total purchase price for the Property (hereinafter "Purchase Price") is Seven Hundred and Twenty Five Thousand Dollars NO/100 ($725,000) Dollars and shall be paid by Purchaser to Seller by cashier's check, certified check, or wire transfer of immediately available funds to Seller at closing. 4. Conveyance of Title. Seller shall convey title to the Property legally described on the attached Exhibit A to Purchaser by Statutory Warranty Deed (hereinafter "Deed"). 5. Closing; Possession. Closing shall occur upon payment of the Purchase Price to Seller from Purchaser and delivery of the exe ed D ed from Sellerto Purchaser (hereinafter "Closing Date"), but in no event later than 0. The Parties agree to execute any and all documents necessary to effectuate the intent of this Agreement. Purchaser shall be entitled to possession of the Property legally described on the attached Exhibit A as of the Closing Date. 6. Approval by the City of Port Orchard. The Parties acknowledge that this Agreement shall not be deemed accepted by or binding on the Purchaser until approved by the City of Port Orchard, in an open public meeting. 7. Risk of Loss. Risk of loss of or damage to the Property shall be borne by Seller until the Closing Date. Thereafter, Purchaser shall bear the risk of loss. In the event of material loss of or damage to the Property prior to the Closing Date, Seller shall promptly notify Purchaser in writing and Seller shall not be obligated to restore the Property nor pay damages to Purchaser by reason of such loss or damage. Upon receipt of written notice pursuant to Page 1 of 6 Page 121 of 150 Pack to Agenda Section 10 below, Purchaser may within five (5) business days terminate this Agreement by giving written notice of such termination to Seller and such termination shall be effective immediately; provided, however, that Purchaser may elect to purchase the Property in the condition then existing; provided that, Purchaser delivers notice of such election pursuant to Section 10 below within five (5) business days of receipt of Seller's notice of a material loss of or damage to the Property as provided for in this Section 8. 8. Closing Costs & Prorations. Seller shall pay its own attorney fees. Purchaser shall pay the cost of recording the Deed, its own attorney fees, and all other costs and expenses allocated to Purchaser and Seller pursuant to the terms of this Agreement; excepting only the Seller's payment of its own attorney fees as provided for above in this Section 8 and any prorations for which it is responsible pursuant to the following sentence. Any taxes, liens, assessments, insurance, or charges imposed by law upon the Property shall be prorated as of the Closing Date, with such prorations to be a final settlement between the Parties. 9. Notices. Except as specifically set forth herein, any demand, request or notice which either Party desires or may be required to make or deliver to the other shall be in writing and shall be deemed given when personally delivered, or when delivered by private courier service (such as Federal Express), or three days after being deposited in the United States Mail first class, postage prepaid and addressed as follows: PURCHASER SELLER City of Port Orchard, Public Works Randy A. Jones and Franklin Joseph Department Rusk 216 Prospect St 1777 Bay St. Port Orchard, WA 98366 Port Orchard, WA 98366 The foregoing addresses may be changed by written notices to the other party as provided herein. 10. Time. Time is of the essence in every provision herein contained. 11. Binding Agreement. This Agreement shall inure to the benefit of and be binding upon the heirs, personal representative, successors, and assigns of the Parties. 12. Attorneys' Fees. In the event of any litigation regarding the rights and obligations of the parties under this Agreement, the prevailing party shall recover its costs and attorneys' fees, including such costs and attorneys' fees for appeals. 13. Negotiation and Construction. This Agreement was negotiated by the Parties and shall be construed according to its fair meaning and not strictly for or against either Party. 14. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes any prior understandings and agreements between them regarding the subject matter hereof. There are no other representations, agreements, or understandings, oral or written, between the Parties relating to the subject matter of this Agreement. No amendment of, or supplement to, this Agreement shall be valid or effective unless made in writing and executed by the Parties. 15. Counterparts. This Agreement may be signed in two or more counterparts, which taken together shall constitute the complete Agreement. Page 2 of 6 Page 122 of 150 lack to Agenda 16. Invalid Provision. if any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provision or by its severance from this Agreement. [SIGNATURES & ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGES] Page 3 of 6 Page 123 of 150 Back to Agenda PURCHASER'S SIGNATURE PAGE Approved as to legal form only: Charlotte Archer City Attorney Brandy Rinearson, CMC City Clerk Final Action: Robert Putaansuu Mayor STATE OF WASHINGTON ss COUNTY OF KITSAP Date: Date: Date: On this day of , 2022, before me, the undersigned, a notary public in and for the state of Washington, duly commissioned and sworn, personally appeared , known to me to be the Mayor of the City of Port Orchard, Washington, a municipal corporation and political subdivision of the state of Washington, who executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. GIVEN under my hand and official seal the day and year last above written. (SEAL) Notary Public in and for the State of Washington, residing at My commission expires Page 4 of 6 Page 124 of 150 _SELLER'S SIGNATURE E Randy A. Jones. Frank i eph Rusk STATE OF WASHINGTON ) ) ss. COUNTY OF-fJC I the undersigned, a Notary Public, do hereby certify that on this day of , 2022, personally appeared before me, Randy A. Jones and Franklin Joseph Rusk, tom known to be the individuals described in and who executed the within instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal the day and year in this certificate above written. Notary Pu in and for the 9tate of A Printed Name: 11ARGART R 811iiEY• Residin� _ WARY MMX #4909 at STATE OF WASHOGM My commission expires a2 1 3 ?o Z-/:�' 01 Page 5 of 6 Page 125 of 150 After recording return document to: City of Port Orchard, Public Works Department 216 Prospect St Port Orchard, WA 98366 Document Title: Warranty Deed Reference Number of Related Document: N/A Grantors: Randy A. Jones and Franklin Joseph Rusk, a married couple Grantees: City of Port Orchard, a municipal corporation Legal Description: LOT(S) 1, 2, BLOCK 32, ANNAPOLIS, AND LOT 1, BLOCK 23 SIDNEY TIDELANDS (UNNAMED ROAD WAY) V/P 1/64 Assessor's Tax Parcel Number: 4027-032-001-0102 & 4027-023-018-0003 Vi'/:1C1.7.1C0 Wa11ofof11 City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) The Grantors, Randy A. Jones and Franklin Joseph Rusk, a married couple, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00), and other valuable consideration, hereby conveys and warrants to the City of Port Orchard, Public Works Department, Grantee, the following described real property situated in Kitsap County, in the State of Washington. For legal description and additional conditions See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Port Orchard, unless and until accepted and approved hereon in writing for the City of Port Orchard, by its authorized agent. FA. No. STPE-STPUS-0166(008) LPA-302 Page 1 of (4) Pages Project No. C072-18 10/2014 Parcel No. 4027-032-001-0102 & 4027-023-018-0003 Page 126 of 150 Back to Agenda WARRANTY DEED STATE OF WASHINGTON ss County of On this day of C; 2 , 2022, before me personally appeared Randy A. Jones and Franklin .i.usepli Rusk, to me known to be the individuals described in and who executed the foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. (SEAL) F R BAILEY Notary P c in and for they S ateof, eW- ,# LIC #4909 Washington, residing at atC-,.e��HINGTON EXPIRE5My commission expires � / 3 13, 2026 Accepted and Approved City of Port Orchard: Approved to as form: By: By: Printed Name: Robert Putaansuu Title: City Mayor Date: LPA-302 10/2014 Printed Name: Charlotte Archer Title: City Attorney Date: Page 2 of (4) Pages Parcel No. 4027-032-001-0102 & 4027-023-018-0003 Page 127 of 150 Back to Agenda EXHIBIT_L PARCEL NO.4027.032-001-0102 & 4027-023.018-0003 LEGAL DESCRIPWN (PER LAND TITLE COMPANY OF )UTSAP COUNTY ORDER NO. fi-23W9 DATED ,UMARY 23. X191 LOTIS17 AND : BLOCK L7 SIDNEY TIDELANDS. ACCORDING TO THE MAP ON Fitt IN THE OFFICE OF 7HE COMMISSIONER OF PCIBLIC LANDS. OLYMPIA. WA.; TIDED LOT(S) 1 AND 2. BLOCK 32. PLAT OF ANNAPOUS. ACCORVWG TO THE PLAT RECORDED W VOLUME 1 OF FLATS. PAG&S) 64..RECORDS OF KITSAP COUNTY WASHING TON: TOGETHER WITH 7HA T PORTIOIN OF GOVERNMENT LOT 3 AND THE FIRST GLASS COUNTY, WAS► INGTON. DESCRIBED AS FOLLOWS. COMIMtENCIN5 aT THE SOUTWEAST CORNER OF LO1'I. &0023 PLAT OF AWPOIJS, ACCOROIM TO THE PLAT RECORDED IN V(%UW T OF PLATS. FAGE(S! 64. RECORDS OF KITSAP COUNTY, WASHINGTON, WHICH THE TRUE POONT OF BI:GWNYNG. THENCE 85 FEET N'PRThEASTEILY ALONG THE WEST MARLrIN OF SA Y STREET P)GHT OF -WA Y THENCE 35 FEET SOUTHEA.S7ERLYALONG A VNE PERPEWICULAR TO THE WEST 1dARGIN OF SAID BA Y STREET THENCE 95 FEET SOUTIHWESTERL Y ALONG ALINE PARALLEL TO THE WEST MARGIN OF SAID SA Y STREET. THENCE 35 FEET NORrHWESTERL Y ALONG A LIVE AmCH IS PERREEND)CULAR TO THE WEST MARGW OF SAID aAY -cFFZ69T TO THE TRUE POW OF REGINNING AND TOGETHER WITH THE UNNAMED RIGHT OF.WAY WHICH IS WEST OF BAY STREET AND IS BETWEEN BLOCKS 23AND 32, SIDNEYTIDELANDS, AS IN PORT ORCHARD ORDINANCE NO. f$03 AND AS CORRECTED BY OMNANCE NO, 0..13-08RECORDED UNDER AVV?TOR'S FILE NO 2006062500f0 rOdETHER WITH. ALL OF LOT) &OCK .3 AGCORDINO TO THE PLAT OF SHORE AND TIDELANDS OF SIDNEY ON FILE IN THE OFFFCE OF THE DEPARTMENTOF RESOURCES OF THE STATE OF WASI INOTON. AT OLYMPIA WASHING TON. TOGETHER WITH THE LlWiAMED RIGHT -OF -WA Y WHICH IS WEST OF SA Y STREET AND BETWEEN BLOCKS 23 AND 32, SIDNEY TIDELANDS. AS VACATED PER ORL''WWE NO. 1603, DA TO APRIL 11, 1"4. Grantor's Page 6 of 6 Page 128 of 150 Back to Agenda Agency Name: Mark R. Dorsey, P,E., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Displaced Person(s) or Claimant Good Neighbor Home Inspection, LLC dba/Pillar To Post Ilome Inspection 7646 Sucia PI NW Bremerton, WA 98311 Relocation Assistance Voucher No. 1 I hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the Agency. That the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States of America or am an alien lawfully present in the United States of America. Project Title: City of Port Orchard Pedestrian Enhancement Pro cc[ (Mosquito Flect Trail) Parcel No.: 4027-032-001-0102 & 4027- ' Displacee Displacee Name: 023-018-0003 No.: 3 Randy A. Jones and Franklin Joseph Rusk Eteplacemc�rt iiausin_g.i'a�+marrts Price Dider entiai - 90-day owner for amounts_up to $31.000 MI DP - Increased Mortgage Interest Payment Date Date Parcel Vacated: PENDING Incidentals QN75IW79) Last Resort Housing =owner for amounts over $31,000 Rental Supplemen -- 90-day tenants and certain others amounts up to $7,200 Down Payment Assistance - 90-day tenants and certain others Last Resort Housing - tenants _amount over $7,200 Comments / other (describe): Replacement home professional home inspection: Pursuant the Uniform Act §24.401(b)(3) (e) Incidental Purchase Expenses that are require for the purchase of the replacement property are eligihle reimbursable expenses,_ Moving Expense Payments Self -Move / Schedule Payments - residential Actual Expenses (Cvmmercial Move/Actual Cost Self Movc) - residential move bid cost] Fixcd Payment (in lieu of all other moving expenses) - Non -Residential Actual Costs / Self Mo►,e 1 Commerctial - Non -Residential Reestablishment Costs - Nan -Residential _ Personal119peM Only Comments / Other (dc9c4ihe): Deductions: TOTAL 4 Invoice No.: PARCEL Date: Amount: $ $ Amounts $0.00 $0.00 $0.00 __ $D, 00 $0.00 $0.00 $0.00 $733.53 $733.53 $0.00 $0.00 _ $0.00 $0-00 $0,00 0.00 - _$0.00 $733.53 B NUMBER ACCOUNT CONTROL - ORDERWORK OP OBd SUB = SECTION ORG. NO. I NON -PART TOTALS DOLLARS _ T(YTAL -)� S733,53 _ RELOC PION SPECIALIST: Paula Ferrreira- DATE: 7/5/2022 RELOCATION 5U SRVI-OR: Leslie Findlay I DATE: 7/5/2022 SmithCFSthe ` 1, the undersigned, certify that above information is correct, that the payments ceessary for he above relocation assistance. that it has been performed in accordance with prescribed procedures, and that this payment is not considered in me or resources to a "DISPLACED PERSON" pursuant to Section 216 of Public Law 91-646 and RCW 8. 115.: k I Wnrrant Register No.: f VoucherNo.: Dorsev. P,E._ c Works. Director D RES-537 Rev. 612019 Page 129 of 150 Back to Agenda Agency Name: Mark R. Dorsey, P.G., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Displaced Person(s) or Claimant Darren Buckley dba/High- Definition Home Inspection 4596 SE Parson Green Ct Port Orchard, WA 98367 Project Title: City of Port Orchard Pedestrian ,Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-032-001-0102 & 4027- ! Displacee 023-018-0003 No.= 3 Relocation Assistance Voucher No. 2 I hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the Agency. That the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States of America or am an alien lawfully present in the United States of America. I lure kj each claimant Datc sacsseph Rusk ~ Displacee Name: Randy A. Jones and Franklin Joseph Rusk I Date Parcel Vacated: PENDING Replacement Housing Payments $ Amounts Price Differential - 90-day owner for amounts up to $31,000 $0.00 MIDP- Increased Mortgage Interest Payment $0.00 Incidentals (JN75 / JN79) $0.00 Last Resort Housing -owner for amounts over $31,000 $0.00 Rental _Supplement= 90 day_tenants and certain others amounts upto 7 00 - - 0.00 Down Payment Assistance - 90-day tenants and certain others EO.00 Last Resort Housing- tenants amount over $7.200 - $0.00 Comments / other (describe): Replacement home professional home inspection: Pursuant the Uniform Act $650.00 §24.40 1 (b)(3) (e) Incidental Purchase Expenses that are require for the purchase of the replacement property are eligible reimbursable expenses.___ Moving Expense Payments $650.00 Self -I- uve 1 Schedule Payments - residential _ _ $0.00 Acwttl ,Expenses (Commercial MvvelAeturll Cnsl Sulf tvIov�) - resiJentilel move bid cost) $0.00 Fixad Payment tin lieu afaN ether moving exPensgj) _Non-Residettial i $0.00 Actual Costs f Sol f Move I Commercial - Non -Residential 0.00 Reestablishment [rusts - Non -Residential $0.00 Personal Property Ogly _ _ KIM Comments / Other (describe): 0,00 Deductions: $100.00 for ADU-Inspection (Secondary accessory Dwelling) • $1Won TOTAL 4 $550.00 Invoice No.: Date: Amount: $ ACCOUNT CLASSIFICATION JOB NUMBER ACCOUNT CONTROL, TOTALS PARCEL WORK ORDER GRP WORK OP OBJ I SUB SECTION ORG, NO. NON -PART DOLLARS TOTAL 4 $550.00 REfLOPTION'+ SPECIALIST: Paula Ferrreira- i DATE: 7/7/2022 RELOCATION SUPERVISOR: Leslie Findlay DATE: 7/7/2022 Smith I, the undersigned, certify that the above information is correct, that the payment is necessary for the above relocation assistance, that it has been performed in accordance with prescribed procedures, and that this payment is not considered income or resources to a "DISPLACED PERSON" pursuant to Section 216 of Public Law 91-646 and RCW 8.26.1 [ .: 2 Warrant Register No.: Voucher No.: Mey, tic Works Director DATE: RES-537 Rev 6/2019 Page 130 of 150 Agency Name: Mark R. Dorsey, RE., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Displaced Person(s) or Claimant Joseph Higbee 3013 SE Concept Ln Port Orchard, WA 98367 Relocation Assistance Voucher No. 3 I hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the Agency. That the same or arry part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States of America or am an alien lawfully present in the United States of America. — Project Title: City of Port Orchard Pedestrian Enhancement Project (Mos uito Fleet Trail Parcel No.: 4027-032-001-0102 & 4027- Displacee Displacee Name: 023-018-0003 No.: 3 Randy A. Jones and Franklin Joseph Rusk ❑nlL' Date Panel Vacated: PENDING placement Housing Payments _ Price Differential — 90-dav owner for amountsWto.$3 i,000 _ MIDP - Increased Mortgage interest Payment lneidcntals (JN 751 M 9) _ Last Resort Housing — owner for amounts over $31,000 Rental Su lament — 90-dav tenants and certain others amounts ap to S7 00 Down Pay meirtAssistance — 90-day tenants and certain others - --- --- - Last Resort HmoniL tenants amount over S7,200 Comments / other (describe): Replacement home professional home inspection: Pursuant the Uniform Act §24.401(b)(3) (e) Incidental Purchase Expenses that are require for the purchase of the replacement property are Moving Expense Payments Self -Move / Schedule Pavments — residential Actual Expenses -(Co mere lal_MoyelActtlal Cost Self Move) — residential move bid coA) f Fixed Paytnen[ (in lieu of all abler moving expenses) - Non -Residential _ Actual Costs / Self Move / Commercial - Non -Residential Reeclahlichment Cnsfs -Nnn-Residential Personal Property Only Comments / Other (describe): Deductions: _ $ Amour S0.00 f $0.00 $0,00 $0.00 $0.00 _ $0.00 $0-00 $0-00 $().a() $0.00 0.00 - $0.00 TOTAL 4 $400.00 Invoice No.: Date: ACCOUNT CLASSIFICATION JOB NUMBER T ACCOUNT CONTROL PARCEL WORK ORDER GRP I WORK OP OBJ SUB __SECTION TOTAI RELOCATION SPECIALIST: Paula Ferrreira- DATE: 7/5/2022 1 RELOCATION SUP 1, the undersigned, certify that the above information is correct, that the payment is!tveassan performed in accordance with prescribed procedures, and that this payment is not considered pursuant to Section 216 of Public Law 91-646 and RCW 8.26.115 Z. M rsev. P ublie Works Director DAZ Amount: $ TOTALS ORG. NO. 1 NON -PART DOLLARS iSOR Leslie Findlay DATE: 7/5/2022 above relocation assistance, that ft has been or resources to a "DISPLACED PERSON" j Warrant Register No: I Voucher No._ RES-537 Rev. 6/2019 Page 131 of 150 Back to Agenda Agency Name: Mark R. Dorsey, P.E., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Displaced Person(s) or Claimant Randy A. Jones and Franklin Joseph Rusk 1777 Bay St Port Orchard, WA 98366 Relocation Assistance Voucher No. 4 I hereby certify under penally of perjury that the items and amounts listed herein are proper charges against the Agency. That the some or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States of America or am an alien lawfully present in the United States of America. Project Title: City of Port Orchard Pedestrian I Enhancement Project (Mosgtrito F1eetTrail Parcel No.: 4027-032-001-0102 & 4027- Displacee Displacee Name: Date Parcel Vacated: PENDING 023-018-0003 No.: 3 Randy A. Jones and Franklin Joseph Rusk i It 01mment Hogg" Payments $ Amounts Price Differential - 90-day owner for amounts veto $31,000 _ _$0-00 _ MIDP - Increased Mortgage Interest Payment $0.00 Imidentals [JN75 / JN79S Last Resort Hous ng owner for amounts over $31,000 - - - - - ----- -- $0.00 Rental Supplement - 90-day tenants and certain others amounts up to $7.700 $0.00 D_o_wn Payment Assistance -- 90-day tenants and curtain others $0.00 Last Resort llousitlg -tenants amount over? 200 _ $f1.00 _ Comments / other (describe). �— -- $0.00 Moving Expense Payments $7,400.00 Self -Move / Schedule Pa nts- residential. $0•� Actual Expenses (Commercial Movc/Actual Cost Self Move} - _ idential (moec hid caste $0.0U- $0.00 Fixed Payment (in lieu of all other proving expcn, cq) - Nan-Residcndal _ _ Actual Costs / Self Move / Commercial - Non -Residential $0.00 Reestablishment Casts - Nan -Residential $4.00 Parsotta[ Are pni _ Comments / Other (deaciibe): DO NOT MAIL CHECH, HOLD FOR TIERRA'S AGENT TO PICK UP. CHECK 0.00 TO BE DELIVER BY AGENT AT DISPLACEMENT SITE MOVE -OUT INSPECTION - Deductions: _._ .- ..- .-_..�. _ ._-_-- -- - -$0.00 TOTAL 4 $7,400.00 Invoice No.: Date: Amount:_ $ ACCOUNT CLASSIFICATION JOB NUMBER ACCOUNT CONTROL TOTALS _ PARCEL WORK ORDER GRP WORK OP OBJ ` SUB SECTION ORG. NO. NON -PART DOLLARS I$ TOTAL 3 S7.400.00 RELOCATION SPECIALIST: Paula Ferrreira- DATE_ 7/5/2022 RELOCATION SVPER}(ISOR: Leslie Findlay DATE: 7/5/2022 Smith - 1, the undersigned, certify that the above information is correct, that the payment it�cossan Car c above relocation assisianeNOthas been performed in accordance with prescribed procedures, and that this payment is not co sidercd inc inc or resources to a "DISPLACED PERSON" pursuant to Section 216 of Public Law 91-646 and RCW 8 26.11 IN —1. Warrant RegisterNo.: VouchcrNo. Dorsey, P.E., >? DA F I RES-537 Rev. 6/2019 Page 132 of 150 Agency Name: Mark R.. Dorsey, P. E., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA98366 Displaced Porson(S) or Claimant Randy A. Jones and Franklin Joseph Rusk 1777 Bay St Port Orchard, WA 98366 Relocation Assistance Voucher No. 5 I hereby certify underppnaity of perjury that the items and amounts listed herein are proper charges against the Agency. That the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify [hat I am a citizen of the United Slates ol'America or am an alien lawfully present in the United States of America,. Project Title: City of PoiY Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-032-001-0102 & 4027- Displacce DisplacceName: 023-018-0003 No.: 3 Randy A. Jones and Franklin Joseph Rusk Date Puiecl Vacated: PENDING i— Replacement Housing Payments Price Differential —90-clay owner for amounts up to $31,000 MIDP - Incrensed Mortgage Interest Payment Incidentals (JN751JN79) Last Resort Housing— owner for amounts over $31,000 Rental Supplement — 90-day tenants and certain others amounts up to $7,200 Down Payment Assistance—90-dav tenants and certain others Y. Last Resort liousinv — tenants amount over $7,200 Comments/ other (describe): PPD $668,000 (Best comparable $ 1,150,000; replacement dwelling accepted o1Ter, $I,140,000). Eligible purchase price differential $1,140,000-$464,000=$676,000. Acquisition price carve - out, plus $1,515.90 to cover eligible closing costs. Attached, Disbursement Instruction Form, to be wire to Land Title of Port Orchard Moving Expense Payments SeIGMove / Schedule Payments _ residential Actual Expenses (Commercial Move/Actual Cost Self Move) — residential (move bid cost) _ Fixed Payment (in lieu of all other movineexpcnses)- Non-Rcsidcntial Actual Costs / Scll' Move / Commercial - Non -Residential Reestablishment Costs - Non-Rcsidcntial Comments / Other (describe): Deductions: Invoice No.: JOB NUMBER PARCEL , WORK ORDER GRP i Date: ACCOUNT CLASSIFICATION ACCOUNT C:ONI'ROL WORK OP • OBJ SUB SEC"fION $ Amounts $0.00 I $0.00 S 1.315.90 $676,000 00 SO.I%1 s o,m) $677,51 SAO $0.00 S0,00 S0.00 10,00 $0.00 $0.00 $0.00 0.00 I - $0.00 TOTAL -i 1 $677,51590 Amount $ 'fOTALS ORG. NO. NON -PART DOLLARS $ TOTAL 4 $677,515.90 RELOCATION SPECIALIST: Paula Fcrrreira- DATE: 7/7/2022 RELOCATION SUPERVISOR: Leslie Findlay DATE: 7/7/2022 Smith R'Jlt_ _ I, the undersigned, certify that the above information is correct, tbal the payment is necess ay for the above relocation assistance, that it has been performed in accordance with prescribed procedures, and that this payment is not considered income or resources to a "DISPLACED PERSON" Pursuant to Section 216 of Public Law 91-646 and RCW 8.26.1 15 —__-4 Warrant Register Nu,: i Voucher No.: Mark 13 _.E., P c Works[]irec[or - D 't' RES-537 Rev 6/2019 Page 133 of 150 Back to Agenda Price Differential Report Project Title: Bay Street Pedestrian Pathway Parcel No.: 4017-032-001-0102 Displaced Person(s): Randy A. Jones and Franklin Joseph Rusk Displacee No.: Total Take — Typical Residential Acquisition l . Price of Comparable (from Housing Comparison Worksheet). $ 2. Appraised Value of subject to be acquired. Include value of uneconomic remnant, or "building lot remainder," and/or damages as appropriate. $ 3. Maximum Price Differential (Subtract line 2 from line 1). $ LRH Plan Payment( % of line 1 = 5 ,] $ Residential Carve Out 4. Price of Comparable (from Housing Comparable Worksheet). $1,150,000 5. Appraised Value of land and improvements (dwelling, well, garage, etc.) $464,000 to be acquired contributing to the residential use of the subject. For lots larger than typical, only include square footage typical of the subject area. 6. - Amount of damages to the residential portion of the remaining property $0.00 from DV, (do not include if lot is larger than typical). 7. Carve out residential value of subject (Add lines 5 and 6). $464.000 S. Maximum Price Differential (Subtract lines 7 from line 4). ` $666,000 Remarks: Replacement Housing Payment: $686,000 RHP June 1, 2022 FHWA Waiver Last Resort Housing Plan Payment: + $ (2.5% of $1,150,000=$28,750) 'I otal Relocation Pa mcnt Available: $714.750 Prepared By: Paula Ferreira -Smith, RW-RAC Reviewed: Leslie Findlay, SR/WA, R/W-RAC Date: 6/30/2022 i 1 Agency Approval: Mark R. DLrsey, P.E Amount: $714,750 Date: 6/30/2022 Actual Price Differential Computation (rnrnTle after above approval received) 9, Purchase Price of Replacement Dwelling or Price of Comparable (lesser amount) 10. Residential value ofacquired dwelling/site. Include inducements such $464,000 II as administrative settlements, free salvage, etc. 11. Subtract line 10 from line 9. $676,000 12. Maximum Price Differential (line 3 or 8). r$666,000 13. Price Differential Payment (lesser of lines I 1 or 12). II S676,000 ^Remarks: Approval: Mark R. Dorsey, P,E LPA-542 Rev. 12/2021 Amount: $ Findlay, SR/WA, RM/-RAC I Date: 7/612022 Page 134 of 150 Back to Agenda (3) Certification by the closing officer that the statement is true and correct. If you are unable to perform as instructed herein prior to July 29th, 2022, please return all Agency funds, less your escrow cancellation charge, if any, with your letter of explanation to the Agency at the address shown above. Mark R. Dorsey, P.E. Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Paula Ferreira -Smith, RW-RAC Di, cod P Randy-A.Jones Franklin Joseph Rusk LPA-S 16 Rev 7/2016 7-7Xcal Date Date ?-7-ZoZZ Date Page 135 of 150 Back to Agenda City of Port Orchard °Y1 ' 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7F Meeting Date: July 12, 2022 Subject: Approval of Amendment No. 3 to Prepared by: Mark Dorsey, P.E. Contract No. 063-19 with Ward C. Muller Public Works Director and Associates for On Call Professional Atty Routing No.: 366922-0009 — PW Surveying Services Atty Review Date: July 7, 2022 Summary: On September 4, 2019, the Port Orchard City Council Approved Contract No. C063-19 with Ward Muller and Associates for On Call Professional Surveying Services, authorizing surveying work for the City on a Task Order basis The Contract's term has been amended twice, but the original not -to - exceed maximum of $15,000 has remained the same. The City has identified Task Order surveying work that is necessary but the estimated time for the work will exceed both the current expiration date of the Contract and the current not -to -exceed maximum. Ward Muller and Associates and the City have conferred and agreed to a modified Contract termination date and associated fee increase to accommodate the proposed Task Order. Pursuant to this Amendment No. 3 the not to exceed amount of the contract C063-19 is increased by $68,250.00 from $15,000.00, to a total of $83,250.00, and to extend the contract expiration date to June 30, 2023. Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 3 to Contract No. C063-19 with Ward Muller and Associates for On Call Professional Surveying Services, extending the term and increasing the not -to -exceed amount to $68,250.00, for a total amended contract amount of $83,250.00. Relationship to Comprehensive Plan: 7. Transportation Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 3 to Contract No. C063-19 with Ward Muller and Associates for On Call Professional Surveying Services. Fiscal Impact: Included in 2021-2022 budget. Alternative: Do not authorize and provide alternative guidance. Attachments: Amendment No. 3, Attachment A, COPO Amendment Authorization, and C063-19. Page 136 of 150 Back to Agenda Amendment No. 3 to Contract No. 063-19 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Ward Muller and Associates THIS AMENDMENT No. 3 to Contract No. 063-19 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Ward C. Muller and Associates, a Washington Sole Proprietorship ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on September 4, 2019, the City executed a Professional Services Agreement for On Call Professional Surveying with the Consultant ("Underlying Agreement"); and WHEREAS, on December 31, 2020, Amendment No. 1 was approved, extending the Underlying Agreement's termination date to December 21, 2021; and WHEREAS, on November 15, 2021, Amendment No. 2 was approved, extending the Underlying Agreement's termination date to December 31, 2022; and WHEREAS, Section 3 (Duration of work) of the Underlying Agreement, as amended, provides that the Underlying Agreement shall expire on December 31, 2022, unless extended by an amendment executed by the duly authorized representatives of the parties; and WHEREAS, Section 4 (compensation) of the Underlying Agreement, as amended, provides that compensation under the Underlying Agreement will be on a "time and materials, not to exceed" basis, and further provides that compensation for services for all Task Orders shall not exceed $15,000.00 without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in the Underlying Agreement as Exhibit A; and WHEREAS, continuing services for On -Call Professional Surveying, consistent with the qualifications -based -selection process utilized for this professional service, are required by the City that will exceed the current value of the Underlying Agreement; and WHEREAS, the Consultant and the City have conferred and agreed to extend the termination date, Section 3 (Duration of Work), of the Underlying Agreement, as amended, and to increase the "Time and Materials Not to Exceed" amount, Section 4 (Compensation), of the Underlying Agreement from $15,000 to $83,250 in anticipation of the additional work; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between Amendment No. 3 to Agreement between City of Port Orchard and Ward C Muller and Associates Contract No. C063-19 Page 1 Updated 4/2022 IBDR Page 137 of 150 Back to Agenda the parties thereto as follows: 1. Amendment. a. Section 3, Duration of Work, of the Underlying Agreement is hereby amended to read as follows: The Consultant shall not begin any work under this Agreement until an authorized Task Order has been agreed upon by the parties, and the City has issued a Notice to Proceed. This Agreement shall expire on June 30, 2023, unless extended by an amendment executed by the duly authorized representatives of the parties. b. Section 4, Compensation, of the Underlying Agreement is hereby amended to read as follows: Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall not exceed $83,250, inclusive of all amounts paid prior to the execution of Amendment No 3 to this agreement, without advance written Authorization and will be based on the amended list of hourly billing rates and reimbursable expenses set forth in Exhibit A, attached hereto and incorporated herein by this reference. c. Section 5A, Payment, of the Underlying Agreement is hereby amended to read as follows: This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed as determined by the City and as provided for in this Agreement. The City shall pay the Consultant an amount based on time and materials, not to exceed Eighty - Three Thousand Two Hundred Fifty Dollars ($83,250.00), inclusive of all amounts paid prior to the execution of Amendment No 3 to this agreement, for the services described in Section 1 herein. This is the maximum amount to be paid under this Agreement for the work described in this Agreement and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section 3 herein before reaching the maximum amount. d. Exhibit A of the Underlying Agreement is hereby replaced with Attachment A to this Amendment. The updated rates on Attachment A shall apply to work performed after execution of Amendment No. 3 to the Underlying Agreement. 2. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, Amendment No. 3 to Agreement between City of Port Orchard and Ward C Muller and Associates Contract No. C063-19 Page 2 Updated 4/2022 IBDR Page 138 of 150 Back to Agenda such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 2022. 4. Effective date. Upon mutual execution, this Amendment shall be effective as of July 12, DATED this 12t" day of July, 2022. CITY OF PORT ORCHARD, WASHINGTON CONSULTANT Robert Putaansuu, Mayor Signature ATTEST/AUTHENTICATED: Printed Name and Title Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Amendment No. 3 to Agreement between City of Port Orchard and Ward C Muller and Associates Contract No. C063-19 Page 3 Updated 4/2022 IBDR Page 139 of 150 M _ _ 1 _ - A adcK w Hyencad CITY OF PORT ORCHARD Authorization for Amendment No. 3 Date: July 12, 2022 Contractor: Ward C. Muller & Associates Project: On -Call Surveyor 217 Sidney Ave Contract / Job # C063-19 Port Orchard, WA 98366 THIS CHANGE ORDER AUTHORIZES the extension of the contract expiration date, Section 3 (Duration of Work) of the agreement, as amended to June 30, 2023, and to increase the "Time and Materials Not to Exceed" amount, Section 4 (Compensation), of the agreement from $15,000 to $83,250.00 in anticipation of the additional work as described in quote dated 5/14/22 attached to amendment 3. Contract History Amount Sales Tax Total Date Appvd b Original Contract 1 $15,000.00 $0.00 $15,000.00 04-Sep-19 Council Amendment 1 $0.001 $0.00 $0.00 31-Dec-20 PW Director Amendment 2 $0.001 $0.00 $0.00 15-Nov-21 PW Director Amendment 3 1 $68,250.001 $0.00 $68,250.00 12-Jul-22 Council Total Contract $83,250.00 $0.00 $83,250.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Public VV%ds Director/LA.VTngineer MARK R. DORSEY, P.E. Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date "�'Sle�l�IRellpsll�l�lel}SIVII�IIEIIIw�I�!l�SI�SR�IRe�*J70111f I�4}ISl1*�lel�IlleA�lalls'!ll�E�l�4leBT Page 1 Page 140 of 150 A ,- -I- -- - -nt A Ward C. Muffer and Associates - Licensed LandSurveylFk to Agenda 217 Sidney Avenue Po rt O rc h a rd , WA 98366 Telephone (360)876-3443 Fax (360)377-5951 www.wcmassoc.com BN 90-0011360—UBI 600 385 020 December 27, 2021 2022 RATE SCHEDULE: UNIT PRICES FOR SERVICE Mon -Fri Regular Time (8 hour/day or under) Research $143.28 per hour Office Work $135.28 per hour Fieldwork $224.68 per 2 man crew $289.68 per 3 man crew Administrative Services $77.28 per hour Equipment Rental $23.38 per crew hour Global Positioning System Services (STATIC) Mission Planning $139.68 per hour Post Processing of aquired data $135.28 per hour Occupation Per receiver (4 hour minimum) $168.68 per hour per receiver Global Positioning System Services (RTK) Mission Planning $139.68 per hour Post Processing of aquired data (if required) $135.28 per hour Occupation (One man Crew) 0 hour minimum) $205.68 per hour per receiver Robotics Total Station One-man Crew $227.68 per hour page 1 Page 141 of 150 Ward C. Muffer and Associates - Licensed LandSurveyl Back to Agenda 2022 RATE SCHEDULE: UNIT PRICES FOR SERVICE Autonomous Vehicles aerial/ground/water Post Processing of aquired data (specialty softwares) Professional Services Record of Survey map or sketches to specification required by R.C.W. 58.09 and WAC 332-130 Other CAD work as requested or required for project negotiated per job $155.68 per hour $245.00 per hour $124.68 per hour $124.68 per hour Professional supervision, review and approval of work Per Professional Services conducted for clients to specifications contained in project estimates. Document Recording Submission of documents requiring recording with the $95.00 County Auditor. Materials Material cost +12.5% Page 142 of 150 page 2 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of June 14, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Councilmember Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Absent Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Finance Director Crocker, Community Development Director Bond, HR Manager Lund, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd. Staff present via Zoom: Utilities Manager J. Brown The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:00:11 Part 1) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:00:35 Part 1) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:01:24 Part 1) There were no citizen comments. Page 143 of 150 Back to Agenda Minutes of June 14, 2022 PaRe2of8 4. CONSENT AGENDA (Time Stamp: 0:01:55 Part 1) A. Approval of Voucher Nos. 84148 through 84200 and 84207 through 84242 including bank drafts in the amount of $558,863.35 and EFTS in the amount of $191,412.63 totaling $750,275.98. B. Approval of Payroll Check Nos. 84142 through 84147 and 84201 through 84206 including bank drafts and EFTS in the amount of $458,479.77 and Direct Deposits in the amount of $436,088.23 totaling $894,567.70. C. Adoption of a Resolution Authorizing the Purchase of Water Meters and Associated Parts from Ferguson Waterworks via DES Contract No. 01118 (Resolution No. 059-22 and Purchase Order No. 037-22) D. Adoption of a Resolution Repealing Resolution No. 013-19 and Approving the Collection of Funds for Chimes and Lights Events (Resolution No. 060-22) E. Excusal of Councilmember Cucciardi for Personal Obligations F. Approval of the May 17, 2022, City Council Work Study Session Meeting Minutes G. Approval of the May 24, 2022, City Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Trenary, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION (Time Stamp 0:02:19 Part 1) A. Gordon Thomas Honeywell -GA End of Legislative Session Report Josh Weiss and Annika Vaughn provided a presentation which included overview of the 2022 legislative session, background on budgets, outcome of 2022 state legislative priorities, budget priorities-Sedgwick roundabouts, policy priorities, additional legislative issues, potential 2023 legislative priorities, and next steps. 6. PUBLIC HEARING There were no public hearings. 7. COLLECTIVE BARGAINING SESSON (Time Stamp 0:35:34 Part 1) At 7:07 p.m., Mayor Putaansuu recessed the meeting for a 10-minute collective bargaining session pursuant to RCW 42.30.140(4)(b) to discuss planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. City Attorney Archer noted action will follow. At 7:17 p.m., Mayor Putaansuu reconvened the meeting back into session. Page 144 of 150 Back to Agenda Minutes of June 14, 2022 PaRe3of8 8. BUSINESS ITEMS A. Approval of a Collective Bargaining Agreement with the Police Guild Representing Patrol Officers for 2022-2024 (Time Stamp: 0:00:14 Part 2) MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, to authorize the Mayor to sign the 2022-2024 collective bargaining agreement between the City of Port Orchard and Police Guild representing the Patrol Officer Employees. The motion carried. (Contract No. 086-22) B. Approval of a Collective Bargaining Agreement with the Police Guild Representing Sergeants for 2022-2024 (Time Stamp: 0:01:32 Part 2) MOTION: By Councilmember Chang, seconded by Councilmember Diener to authorize the Mayor to sign the 2022-2024 collective bargaining agreement between the City of Port Orchard and Police Guild representing the Sergeant Employees. The motion carried. (Contract No. 087-22) C. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 20.162.044 Amending the Definition of Wetland, Isolated (Time Stamp 0:02:28 Part 2) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance amending POMC 20.162.044 amending the definition of 'wetland, isolated', as presented. The motion carried. (Ordinance No. 020-22) D. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for 2022 Thermoplastic Applications (Time Stamp 0:05:40 Part 2) MOTION: By Councilmember Clauson seconded by Councilmember Lucarelli, to adopt Resolution No. 058-22, authorizing the Mayor to execute Contract No. C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application Project in the amount of $63,165.00. The motion carried. E. Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design (Time Stamp 0:11:10 Part 2) Page 145 of 150 Back to Agenda Minutes of June 14, 2022 Page 4 of 8 MOTION: By Councilmember Lucarelli seconded by Councilmember Clauson, to adopt Resolution No. 057-22, authorizing the Mayor to execute Contract No. C081-22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design in the amount of $205,041.00. The motion carried. F. Adoption of a Resolution Approving an Agreement with Kitsap Transit for the Guaranteed Ride Home Program (Time Stamp 0:14:15 Part 2) At 7:33 p.m., Councilmember Clauson excused himself. MOTION: By Councilmember Diener, seconded by Councilmember Trenary, to adopt a resolution, authorizing the Mayor to execute an Agreement with Kitsap Transit for the Guaranteed Ride Home Program. The motion carried. (Resolution No. 061-22 and Contract No. 082-22) Councilmember Clauson returned at 7:36 p.m. G. Approval of Road Closures for a Special Event: The Cruz (Time Stamp 0:17:50) MOTION: By Councilmember Trenary, seconded by Councilmember Clauson, to approve the road closures for The Cruz scheduled for Sunday, August 14, 2022, as presented. The motion carried. H. Approval of Road Closures for a Special Event: Fathoms O' Fun Festival by the Bay (Time Stamp 0:22:34 Part 2) MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary to approve the road closures for the Fathoms O' Fun Festival by the Bay scheduled for Sunday, August 14, 2022, as presented. The motion carried. I. Approval of Special Event Time Submittal Waiver: Kitsap County Corn hole Classic (Time Stamp 0:25:51 Part 2) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to waive the submittal requirement outlined in POMC 5.94.030(3) for the Kitsap County Cornhole Classic taking place on August 7, 2022, and allow staff to route the application in accordance with the rest of POMC 5.94. Page 146 of 150 Back to Agenda Minutes of June 14, 2022 Paee 5 of 8 The motion carried. J. Adoption of a Resolution Approving Amendment No. 2 to Contract No. 040-12 with Kitsap County for Emergency Management Services (Time Stamp 0:29:40 Part 2) MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli to adopt a resolution authorizing the Mayor to execute the Second Amendment to Contract No. 040-12, an Interlocal Agreement for Emergency Management Services. The motion carried. (Resolution No. 062-22) K. Approval of Amendment No. 4 to Contract No. 075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project -Additional Scope (Time Stamp 0:33:20 Part 2) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to execute Amendment No. 4 to Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project in an amount of $23,650. The motion carried. 9. DISCUSSION ITEMS (No Action to be Taken) A. Transportation Funding (Time Stamp: 0:36:58 Part 2) Mayor Putaansuu said at our last City Council meeting, we talked about the community survey results and how traffic is the highest priority. We wanted to look at the scope for potential ballot measures, so Community Development Director Bond provided a detailed proposal on all the things the City could possibly do. As we were looking into this, and with the knowledge of the additional ten -years the legislature authorized, we were unaware of the ability of the 1/101" sales tax Councilmanic measure that became available last session. He provided a scenario of Council passing the 1/101" measure for ten -years for funding Bethel Phase 1. The process would be to pass the 1/10t" and use the first three -years for design and right-of-way services. Once the right-of-way is acquired and the design is completed, we will have better numbers to know how much this will cost us. Additional discussion was held regarding revenue and funding, ballot measure, continuing discussion at the Transportation Committee meeting and next work study meeting, public hearings, and 3/10tn option. Council Direction: Mayor Putaansuu will create a flowchart of the scenario funding and report back to Council during the July work study meeting [July 19tn] Page 147 of 150 Back to Agenda Minutes of June 14, 2022 Paae 6 of 8 B. Council Attendance Requirements (Time Stamp 0:53:25 Part 2) Mayor Putaansuu noted per the City's code, Council is allowed to miss a couple meetings a year for personal reasons and no limit for missing meetings for business purposes. He asked Council to let him know what they think is appropriate for attendance at Council meetings through electronic and in -person means. City Attorney Archer explained that the code allows Council members to miss up to 4 meetings a year before subjected to an evaluation by a committee of the Council. For remote attendance, Council is only permitted at the Mayors, or Mayor Pro-Tem's authorization in the event that specific criteria is met. Additional discussion was held regarding remote attendance and hybrid approach to meetings, how other agencies are conducting their meetings, committee meetings, possible audio issues when attending remotely, making changes to the current policy, and advantages of meeting in -person. Mayor Putaansuu explained he will wait upon Councilmember Cucciardi' s return to receive his input. Council Direction: Discussion will continue at the June 28, 2022, City Council meeting. C. Veterans Park Offer of Sale (Time Stamp 1:13:50 Part 2) Mayor Putaansuu pointed out we received a letter from the County asking the City to accept Veterans Park. After discussion, Council noted they have no interest at this time as the City is not yet ready for on- going maintenance and responsibility of the park; however the City is willing to partner with the County for opportunities to help improve the park. Council Direction: No direction was given to staff. D. Continued: Veterans Park (Time Stamp 1:22:06 Part 2) Mayor Putaansuu explained the park has been substantially cleaned up and will continue to be monitored by code enforcement. He asked if Council is comfortable with removing this discussion item this as a standing item on the agenda. He pointed out if anything needs to be brought to the Council's attention, he will still do so. Councilmembers voiced no concerns with removing as a standing item on the agenda. City Attorney Archer noted the code enforcement officer has been meeting with staff from the County and is receiving periodic updates and actions the County is continuing to take. Page 148 of 150 Back to Agenda Minutes of June 14, 2022 Page 7 of 8 Council Direction: Remove this discussion item as a continuing discussion item. E. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:25:46) Mayor Putaansuu reported the Utilities Committee is scheduled to meet July 121". The Finance Committee is scheduled to meet June 27t". The Land Use Committee is scheduled to meet June 15cn Councilmember Lucarelli reported on the June 131" Festival of Chimes and Lights Committee meeting. F. REPORT OF MAYOR (Time Stamp 1:27:49) The Mayor reported on the following: • Welcome to downtown Port Orchard sign; • In accordance with Resolution 007-11'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures' he reported on updated drug and alcohol testing policies and post -accident testing, employee comp time policy, and updated teleworking policy; • Parking enforcement moving from the Police Department to the Department of Community Development; • Bay Street reconstruction project; • Jobs Act funding; • Conversations with Governor Inslee; • Report of Council meeting minutes from 50, 75, and 100 years ago; and • Clayton Park and 50-year reunion. G. REPORT OF DEPARTMENT HEADS (Time Stamp 1:46:19 Part 2) Community Development Director Bond reported on several groundbreaking projects; pre - application meeting timelines; and the McCormick Urban Village, Herons' View, and Ramsey Projects. H. CITIZEN COMMENTS (Time Stamp: 1:50:14 part 2) There were no citizen comments. I. GOOD OF THE ORDER There was no good of the order. J. EXECUTIVE SESSION (Time Stamp 1:49:35 Part 2 and 1:50:46 Part 2) At 9:09 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to RCW 42.30.110(1)(i) regarding legal risks of a proposed action with legal counsel for the agency when public discussion could have adverse legal or financial impacts to the City. City Attorney Archer, Page 149 of 150 Back to Agenda Minutes of June 14, 2022 Paae 8 of 8 Community Development Director Bond and Finance Director Crocker were invited to attend, and City Attorney Archer noted no action will be taken. At 9:29 p.m., Mayor Putaansuu reconvened the meeting back into session. K. ADJOURNMENT The meeting adjourned at 9:29 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 150 of 150