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HomeMy WebLinkAbout035-25 - Resolution - ROW ProceduresDocusign Envelope ID: 4DBDDAA5-5C18-4C53-A2DC-F7723E49AC9D RESOLUTION NO. 035-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING UPDATED RIGHT OF WAY PROCEDURES AND REPEALING RESOLUTION NO. 080-22. WHEREAS, the City of Port Orchard undertakes capital projects that may require the acquisition of real property or property interests to support infrastructure, transportation, utility, and related public improvements; and WHEREAS, the City is responsible for ensuring that such right of way (ROW) acquisition and relocation activities are conducted in accordance with applicable laws, regulations, and best practices; and WHEREAS, the City has prepared updated Right of Way procedures that identify qualified staff roles, outline the appropriate use of consultants, and establish administrative processes for activities such as appraisal, acquisition, relocation assistance, and property management; and WHEREAS, these procedures reflect current guidance from the Washington State Department of Transportation (WSDOT) and provide a consistent framework for compliance and effective project delivery; and WHEREAS, the City has previously adopted updated procedures by Resolution No. 031- 07, Resolution No. 028-16, and most recently in 2022 by Resolution No. 080-22; and WHEREAS, the City of Port Orchard desires to update the procedures to reflect the current qualified staff members overseeing these integral tasks for the development and maintenance of public infrastructure and right of way improvements; 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 THAT: Resolution No. 080-22 is hereby repealed in its entirety. THAT: The City Council hereby adopts the updated Right of Way Procedures, attached hereto as Exhibit A and incorporated by this reference, as the City's official procedures for right of way activities. The Mayor or designee is authorized execute all documents necessary to effectuate this Resolution. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Docusign Envelope ID: 4DBDDAA5-5C18-4C53-A2DC-F7723E49AC9D Resolution No. 035-25 Page 2 of 11 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 10th day of June 2025. Signed by: Ie6b P4MJA,suu. 3 R9R499F3F5R47n Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Right of Way Procedures The CITY OF PORT ORCHARD (Agency), needing to acquire real property (obtain an interest in and/or possession of) in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act and applicable federal regulations (49 CFR Part 24) and state law (Ch. 8.26 RCW), and state regulations (Ch. 468-100 WAC) hereby adopts the following procedures to adhere to all applicable laws, statutes, and regulations. The Agency is responsible for the real property acquisition and relocation activities on projects administered by the Agency and must acquire right of way (ROW) in accordance with the policies outlined in the Washington State Department of Transportation Right of Way Manual M 26-01 and Local Agency Guidelines (LAG) Manual. Below is a list of Agency staff, by name and position titles, who are qualified to perform specific ROW functions. Attached to these procedures are resumes for everyone listed within these procedures, which provide a summary of their qualifications. The procedures shall be updated whenever staffing changes occur. a. The Agency has the staff with the knowledge and experience to accomplish the following ROW Disciplines: PROGRAM ADMINISTRATION: Oversee the delivery of the ROW Program on federal aid projects for the Agency. Ensures ROW functions are conducted in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Ensures the Agency's approved ROW Procedures are current, including staff qualifications, and provides copies to consultants and Agency staff; • Oversight of ROW consultants; o Ensure that the hired consultants meet the minimum requirements outlined in ROW Manual Chapters 2 & 8 and Chapter 3 for Appraisal and Appraisal Review. o Use of consultant contract approved by WSDOT o Management of ROW contracts o Management of ROW files o Reviews and approves actions and decisions recommended by staff & consultants o Overall responsibility for decisions that are outside the purview of consultant functions • Sets Just Compensation before offers are made; • Oversight and approval of Waiver Valuations per policy; • Oversight and approval of Administrative Settlements per policy; o Ensure that Administrative Settlements are reviewed and accepted by the Local Agency Coordinator prior to final signature. • Ensure the Agency has a relocation appeal process before starting relocation activities; • Obligation authority for their Agency; • Obtain permits (Non -Uniform Relocation Act (URA)); • Ensures there is a separation of functions to avoid conflicts of interest. LPA-OO I Rev. 6/2025 Verifies whether ROW is needed and that the property rights and/or interests needed are sufficient to construct, operate, and maintain the proposed projects. See LAG Appendix 25.171, 25.1726, and the No ROW Checklist (LPA-008). Director of Community Development; Nick Bond, AICP Director of Public Works; Denis Ryan, CPWP-M City Engineer; Kenneth C. Hammer, PE, PMP Note: Staff included under Program Administration must have completed the eLearning Administrative Settlement and No ROW Verification training available at https://wsdot.wa.gov/business-wsdot/support-local-programs/local-programs-training/ri ht�-way- training-education ii. APPRAISAL Prepare and deliver appraisals on federal aid projects for the Agency. Ensures that appraisals are consistent and in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified agency staff or consultants who meet the requirements outlined in ROW Manual Chapter 3 to perform appraisal work; • Prepare ROW Funding Estimate (not required to be completed by an appraiser & only when there are federal funds in the ROW Phase); • Prepare Waiver Valuation; • Obtain specialist reports; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management. iii. APPRAISAL REVIEW: Review appraisals on federal aid projects for the Agency to ensure they are adequate and reliable, have reasonable supporting data, and approve appraisal reports. Ensure appraisals are adequately supported, represent fair market value and applicable costs to cure, and are completed in compliance with state and federal laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified agency staff or consultants that meet the requirements outlined in ROW Manual Chapter 3 to perform appraisal review work; • Ensures project -wide consistency in approaches to value, use of market data, and costs to cure; • Coordinate with engineering, program administration, acquisition, relocation, and/or property management. LPA-001 Rev. 6/2025 iv. ACQUISITION: Acquire, through negotiation with property owners, real property or real property interests (rights) on federal aid projects for the Agency. Ensures acquisitions are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Use only qualified staff/consultants to perform acquisition activities for real property or real property interests, including donations; • Staff and consultants must meet the requirements outlined in ROW Manual Chapters 2 & • To avoid a conflict of interest, when the acquisition function prepares a Waiver Valuation, only acquires property valued at $15,000 or less; • Provide and maintain a comprehensive written account of acquisition activities for each parcel; • Prepare Waiver Valuation justification and obtain approval; • Prepare Administrative Settlement and obtain approvals; • Prepare Right of Way Funding Estimate (when there are federal funds in the ROW Phase); • Review title, and recommend and obtain approval for acceptance of encumbrances; • Ensure acquisition documents are consistent with ROW plans, valuation, and title reports; • Provide a negotiator disclaimer; • Maintain a complete, well -organized parcel file for each acquisition; • Coordinate with engineering, program administration, appraisal, relocation, and/or property management. Note: Staff included under Acquisition must have completed the eLearning Administrative Settlement training available at https://wsdot.wa.gov/business-wsdot/support-local- programs/local-programs-training/ri hg t -way -training -education v. RELOCATION: Provide relocation assistance to occupants of property considered displaced by federally funded projects for the Agency. Ensures relocations are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Only qualified staff/consultants are used to perform relocations that meet the requirements outlined in ROW Manual Chapters 2 & 8. • Prepare and obtain approval of relocation plan before starting relocation activities; • Confirm relocation appeal procedure is in place; • Provide required notices and advisory services; LPA-001 Rev. 6/2025 • Make calculations and provide recommendations for the Agency approving authority before making payment; • Provide and maintain a comprehensive written account of relocation activities for each parcel; • Maintain a complete, well -organized parcel file for each displacement; • Ensure occupants and personal property are removed from the ROW; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management. CONTRACT WITH A QUALIFED CONSULTANT vi. PROPERTY MANAGEMENT: Establish property management policies and procedures that will assure the control and administration of ROW, excess lands, and improvements acquired on federal aid projects for the Agency. Ensure that property management activities are completed in compliance with federal and state laws, regulations, policies, and procedures. Responsibilities/Expectations: • Only qualified staff/consultants are used to perform property management that meets the requirements outlined in ROW Manual Chapters 2 & 8. • Account for use of proceeds from the sale/lease of property acquired with federal funds on other Title 23 eligible activities; • Keep ROW free of encroachments; • Obtain WSDOT/FHWA approval for a change in access control along the interstate; • Maintain property records; • Ensure occupants and personal property are removed from the ROW; • Maintain a complete, well -organized property management file; • Coordinate with engineering, program administration, appraisal, acquisition, and/or property management. Director of Community Development; Nick Bond, AICP Director of Public Works; Denis Ryan, CPWP-M City Engineer; Kenneth C. Hammer, PE, PMP b. Any functions for which the Agency does not have qualified staff, the Agency will contract with another local agency with approved procedures, a qualified consultant, or the WSDOT. An Agency that proposes to use qualified consultants for any of the above functions must work closely with its Local Agency Coordinator (LAC) and Local Programs to ensure all requirements are met. The LAC will perform spot-check reviews on selected federal aid or federal aid -eligible projects. The LAC must be given an opportunity to review all offers and supporting data before offers are made to the property owners. The number of spot-check reviews depends on the project scope, the complexity of acquisitions, the local agency's level of experience, and past performance. Spot check reviews may not LPA-00I Rev. 6/2025 be required on all projects, but will lessen the risk of delays during ROW Certification. The LAC may request additional information or parcel files to ensure local agency compliance. c. The Agency's Administrative Settlement Procedures, indicating the approval authorities and the procedures involved in making administrative settlements, need to be included with these procedures (see Exhibit A). d. An Agency wishing to take advantage of the Waiver Valuation process for properties valued up to $35,000 or less must complete Exhibit B of these procedures. 2. All projects shall be available for review by the FHWA and Local Programs ROW at any time, and all project documents shall be retained and available for inspection during the plan development, ROW, and construction stages and for three years following Local Programs' acceptance of the projects. Local Programs ROW may rescind its approval of the agency's procedures at any time the Agency is found to no longer have qualified staff or is found to be in non-compliance with the regulations. The rescission may apply to all or part of the approved functions. ROBERT PUTAANSUE, MAYOR CITY OF PORT ORCHARD Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-00I Rev. 6/2025 EXHIBIT A Agency's Administrative Settlement Policy The AGENCY shall make every reasonable effort to expeditiously acquire real property by negotiation. Negotiation implies an honest effort by the AGENCY to resolve differences with property owners. Offers can be flexible and negotiations should recognize the inexact nature of the process by which just compensation is determined. The AGENCY shall endeavor to expedite the acquisition of real property by agreements with owners and to avoid litigation and relieve congestion in the courts. 1. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate situations. An administrative settlement or stipulated settlement is a negotiated settlement of a right-of-way acquisition case in which the AGENCY has administratively approved payment in excess of the AGENCY's offer of just compensation. The AGENCY shall carefully consider and maximize the use of administrative settlements in appropriate situations. 2. Administrative settlements may be approved when it is determined that such action is reasonably supported and in the public interest. In arriving at a determination to approve an administrative settlement, the following nonexclusive factors may be considered: a. All available appraisals, including the owner's, comparable sales not included in an appraisal, and the probable range of testimony in a condemnation trial. b. Ability of the City to acquire the property, or possession, through the condemnation process to meet the construction schedule. c. Impact of construction delay pending acquisition. d. The negotiators recorded information, including parcel details and the owner's rationale for increased compensation. e. Recent court awards in cases involving similar acquisition and appraisal problems. f. Likelihood of obtaining an impartial jury in local jurisdiction, opinion of legal counsel where appropriate. g. Estimate of trial cost weighed against other factors. The authority granted to AGENCY officials to provide Administrative Settlement Offers is as follows: a. The Community Development Director can authorize up to $20,000 over the amount offered as just compensation. b. The City Administrator can authorize $20,001 up to $50,000 over the amount offered as just compensation. c. Settlements exceeding $50,000 over the amount offered as just compensation must be authorized by City Council. ROBERT PUTAANSUU, MAYOR CITY OF PORT ORCHARD Washington State Department of Transportation Approved By: Local Programs Right of Way Manager t1/2t/2c Date L.PA-001 Rev. 6/2025 EXHIBIT B Agency's Waiver Valuation The CITY OF PORT ORCHARD , hereinafter (Agency), desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C, 49 CFR Part 24, and State directives, and desiring to take advantage of the waiver valuation process approved by the Federal Highway Administration (FHWA) for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation (WSDOT) as follows: Rules A. The Agency may elect to waive the requirement for an appraisal if the acquisition is simple, has a low fair market value, and the compensation estimate (including the cost to cure items) and the estimated property value are under $35,000. B. The Agency must make the property owner(s) aware that an appraisal has not been completed on the property for offers of $15,000 or less. C. The Agency must inform the property owner(s) that an appraisal has not been completed on the property for offers over $15,001 and up to $35,000, and that an appraisal will be prepared if requested by the property owner(s). D. Special care should be taken in preparing the Waiver Valuation, as no review is mandated, the preparer needs to ensure that the compensation is fair and that all the calculations are correct. Procedures A. A Waiver Valuation is prepared using comparable sales found and verified during preparation. B. The Waiver Valuation is approved by the Agency staff listed under Program Administration within these Right of Way Procedures. Once the local agency coordinator has completed a spot check for the project, an offer to the property owner(s) is authorized upon signature. &S -- ROBERT PUTAANSUU, MAYOR CITY OF PORT ORCHARD Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-001 Rev. 6/2025 EXHIBIT C Relocation Appeal Procedures If the displaced person disagrees with the city of Port Orchard's decision as to their right to relocation assistance, or the amount of payment, or the adequacy of the housing to which they have been referred, they may submit a written appeal within sixty (60) days of receiving the agency's decision to: Public Works Director ("Director") 216 Prospect Street, Port Orchard, WA 98366 No specific form or format is required but at a minimum the appeal notice or letter should state what issues are being claimed, the reasons why the displaced person believes the claim should be allowed, and how the person believes he or she is otherwise aggrieved. The letter or notice should clearly identify the displacing agency's project and parcel of real property involved and should bear the signature and address of the displaced person or the person's authorized representative. Upon review of the information by the Public Works Director, a decision will be forwarded to the displaced person within 30 days of receipt of the appeal. If the displaced person disagrees with the Director's decision, they may appeal the decision to the Hearing Examiner by filing a written notice of appeal with the Director at the same address. The city will schedule the appeal to be heard by the Hearing Examiner within 30 days of receipt of the second appeal letter. If the displaced person disagrees with the Hearing Examiner's decision, they may file a petition for writ for review in the Kitsap County Superior Court under Chapter 7.16 RCW or such other remedy as may be allowed under the statutes of the State of Washington. C:: ROBERT PUTAANSUU, MAYOR CITY OF PORT ORCHARD Washington State Department of Transportation Approved By: Local Programs Right of Way Manager Date LPA-00I Rev. 6/2025