09/28/2021 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Bek Ashby (Mayor Pro-Tempore)
Finance Committee
Economic Development & Tourism Committee
Transportation Committee, Chair
KRCC/KRCC PlanPol-alt /KRCC TransPol
PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair
Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosa pepe
Utilities/Sewer Advisory Committee
Land Use Committee, Chair
Transportation Committee
Lodging Tax Advisory Committee, Chair
KRCC-alt
John Clauson
Finance Committee, Chair
Utilities/Sewer Advisory Committee
Kitsap Public Health District-alt
Cindy Lucarelli
Festival of Chimes & Lights Committee, Chair
Utilities/Sewer Advisory Committee, Chair
Kitsap Economic Development Alliance
Scott Diener
Land Use Committee
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 Rinearson, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
September 28, 2021
6:30 p.m.
The City is conducting its public meetings remotely to prevent the spread of COVID.
The City is providing options for the public to attend through telephone, internet or
other means of remote access, and also provides the ability for persons attending
the meeting (not in -person) to hear each other at the same time. Therefore,
Remote access on
Link: https://us02web.zoom.us/i/82208831563
Zoom Webinar ID: 822 0883 1563
Zoom Call -In: 1 253 215 8782
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. 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. Approval of an Interlocal Agreement with Kitsap County Public Works
Regarding Traffic Signal Repair and Maintenance (Dorsey) Page 3
D. Amending Ordinance 002-21 with the Washington State Department of
Transportation for the Citywide Street Lighting Study (Dorsey) Page 12
E. Approval of the September 14, 2021, City Council Meeting Minutes
Page 21
S. PRESENTATION
6. PUBLIC HEARING
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending Port Orchard Municipal Code Title
20 Legislative Shelter and Housing Requirements (Bond) Page 28
B. Adoption of an Ordinance Amending Port Orchard Municipal Code Title
20 Congregate Living Use (Bond) Page 34
C. Adoption of an Ordinance Reclassifying the Property Located SW of the
Intersection of Sed2wick/Glenwood Road SW and Glenwood Rd SW
from Commercial Mixed Use to Industrial Flex (Bond) Page 39
D. Adoption of an Ordinance Repealing Port Orchard Municipal Code Chapter 6.20 Regulating Single -Use
Plastic Bags Due to Washington State Preemption (Archer) Page 61
E. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right -of -Way,
the Southern Portion of Unopened Harrison Avenue (Rinearson) Page 64
F. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right -of -Way,
the Northern Portion of Unopened Harrison Avenue (Rinearson) Page 79
G. Approval of Amendment No. 2 to Contract No. 075-20 with Rice Fergus Miller, Inc. for the 2020-2021
City Hall Improvement Project -Additional Design Scope (Dorsey) Page 94
H. Approval of Personnel Policy Update for COVID Vaccination as a Condition of Employment (Lund) Page
101
8. DISCUSSION ITEMS (No Action to be Taken)
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
Economic Development and
Tourism
Utilities
Land Use
Festival of Chimes & Lights
Finance
Transportation
Sewer Advisory
Lodging Tax
Outside Agency Committees
Date & Time Location
October 11, 2021; 9:30am — 2n6 Monday of each Remote Access
month
October 12, 2021; 5:00pm Remote Access
N/A, 2021; 4:30pm Remote Access
October 18, 2021; 3:30pm — 3rd Monday o=each JRemote Access
month
October 7, 2021; 3:00pm Remote Access
September 28, 2021; 5:00pm; 4th Tuesday of Remote Access
each month
October 20, 2021; 6:30pm Remote Access
October, 2021 Remote Access
Varies S 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.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations.
September 28, 2021, Meeting Agenda Page 2 of 2
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rk ON
Agenda Item No.:
Subject:
City
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda 4C
Approval of an Interlocal Agreement with
Meeting Date:
Prepared by:
Kitsap County Public Works Regarding
Traffic Signal Repair and Maintenance Atty Routing No.:
Atty Review Date
September 28, 2021
Mark Dorsey, P.E.
Public Works Director
366922.0009-PW
September 23, 2021
Summary: In 2010, after years of traffic signal repair and maintenance performed by the City of
Bremerton, the City of Port Orchard entered into an Interlocal Agreement (ILA) with Kitsap County Public
Works for continued Traffic Signal/Intersection Street Light Repair and Maintenance. On March 26, 2019,
and in response to the intersection modifications associated with the Tremont Street Widening Project,
the ILA was updated. This new ILA (KC-562-21) will replace the previous ILA and City Contract No. C030-
19, shall become effective on October 1, 2021 for a two (2) year term and will include two (2) one-year
options to renew following prior notice and written consent of both parties. For financial consideration, a
monthly fee of $385.80 for each signal shall be paid, along with Time and Materials compensation for the
repair, maintenance and replacement of all other Traffic Control Devices from a $7,500.00 Reserve Fund
(to be replenished as needed.)
Recommendation: Staff recommends the Council approve Contract No. C092-21, thereby authorize the
Mayor to execute the new Kitsap County Interlocal Agreement No. KC-562-21 with Kitsap County Public
Works for a term of 2-years with two (2) one-year renewal options.
Relationship to Comprehensive Plan: Chapter 8—Transportation.
Motion for Consideration: I move to approve Contract No. C092-21, thereby authorize the Mayor to
execute the new Kitsap County Interlocal Agreement No. KC-562-21 with Kitsap County Public Works for a
term of 2-years with two (2) one-year renewal options.
Fiscal Impact: Budgeted item within the approved 2021-2022 Biennial Budget.
Alternatives: None.
Attachments: Interlocal Agreement No. KC-562-21.
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INTERLOCAL AGREEMENT KC-562-21 BETWEEN
KITSAP COUNTY AND THE CITY OF PORT ORCHARD FOR
REIMBURSABLE WORK PERFORMED BY
KITSAP COUNTY PUBLIC WORKS
This Interlocal Agreement is made and entered into pursuant to the provisions of
Chapter 39.34 RCW by and between Kitsap County (hereinafter the "COUNTY") and
the City of Port Orchard (hereinafter the "CITY"), collectively the "Parties."
RECITALS
A. WHEREAS, the City of Port Orchard owns and operates electric street lights,
street light systems, traffic signals, traffic control devices and flashers situated
within the City of Port Orchard;
B. WHEREAS, Kitsap County has personnel skilled in maintaining street lights,
street light systems, traffic signals, traffic control devices, and flashers, and
Kitsap County wants to provide maintenance services to the street lighting and
traffic control equipment owned and operated by the City of Port Orchard;
AGREEMENT
NOW,THEREFORE in consideration for the foregoing recitals, which are incorporated
herein by reference, and the mutual promises and covenants, contained herein, it is
hereby agreed as follows:
Section 1. PURPOSE.
This Agreement continues the longstanding cooperation between the Parties whereby
the COUNTY will provide maintenance services for traffic signals, as identified in Exhibit
A, (hereinafter "Traffic Signals"), incorporated in full by this reference. The COUNTY
will repair radar speed signs, lighted crosswalk and warning flashers located in the
CITY, (hereinafter "Traffic Control Devices") as identified in EXHIBIT B and incorporated
in full by this reference. The COUNTY will repair the Traffic Control Devices on a time
and materials basis and only when expressly requested by the CITY. The Parties may
amend the number and locations of Traffic Signals and Traffic Control Devices from
time to time and may revise the Exhibits on an annual basis.
Section 2. TERM.
This Agreement shall become effective on October 1, 2021 for a two (2) year term
ending September 30, 2023, with two one-year options to renew following prior notice
and written consent of the parties.
Section 3. CONSIDERATION.
Commencing October 1, 2021, the CITY shall pay the COUNTY three hundred eighty-
five dollars and eighty cents ($385.80) per month for each Traffic Signal. Such payment
shall apply to the first year of this Agreement and is payable to the COUNTY in quarterly
installments due thirty (30) days after receipt of an invoice from the COUNTY ("Base
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Year"). The CITY shall pay the COUNTY on a time and materials basis for repair of
Traffic Control Devices.
In the event the CITY adds additional Traffic Signals requiring maintenance, the CITY
shall pay the sum of three hundred eighty-five dollars and eighty cents ($385.80) per
month per Traffic Signal which shall be paid quarterly thirty (30) days after receipt of an
invoice and pro -rated to the date of activation.
At the beginning of each successive year thereafter, all charges shall automatically
adjust in an amount equal to the percentage change in the "all items" category of the
Consumer Price Index for All Urban Consumers ("CPI-U") as published by the Bureau of
Labor Statistics of the U.S. Department of Labor for the Seattle -Tacoma -Bellevue
metropolitan statistical area for the month of June. If at any time during the term of this
Agreement the practice of computing the CPI-U is abandoned or altered by the U.S.
Department of Labor, this Agreement shall be revised by mutual agreement of the
parties to identify a substitute standard.
Section 4. SERVICES PROVIDED.
A. This Agreement shall cover the annual maintenance of all Traffic Signals and
Traffic Control Devices described in the Agreement. In addition, the CITY shall
create a reserve which shall be administered by the COUNTY in the amount of
seven thousand five hundred dollars ($7,500.00) (the "Reserve"). The Reserve
shall be used to cover the cost of time and materials for the repairs not included
in the annual maintenance. The CITY shall replenish the Reserve immediately
upon receipt of notice from the COUNTY that the Reserve has become
exhausted such that the Reserve is restored to $7,500.00. Once the Reserve
has been exhausted, the CITY shall pay additional cost on a time and materials
basis for work requested by the CITY. The CITY shall be required to replace any
major piece of equipment with a cost of over $1,000.00, and upon the CITY's
request, the COUNTY will assist the CITY in the ordering and acquisition of such
replacement equipment.
B. The COUNTY shall provide annual maintenance of the Traffic Signals listed in
EXHIBIT A. The annual maintenance will consist of a complete inspection of the
traffic signal, conflict monitor testing, cleaning the cabinet and electronic
components, and complete overhead inspection and cleaning. The COUNTY will
perform a monthly visual operation analysis of the signal covered by the contract
to detect any malfunctions and failures.
C. Annual maintenance does not include signal coordination and timing, locates or
consulting services.
D. The CITY may provide LED modules to change out lamps or outdated LEDs at
the CITY's sole expense. The COUNTY will provide labor at no extra cost while
performing retrofit heads to LEDs, but conversion replacement LEDs shall be
conducted at the CITY's expense.
E. The COUNTY shall coordinate and inspect the replacement and installation of
failed traffic signal loops by a contractor when requested to do so by the CITY.
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This is part of the COUNTY's role as consultant and will be charged against the
Reserve.
F. The COUNTY may provide services to the CITY as a construction management
consultant for the purpose of assisting in the design and inspection of new traffic
signal and lighting systems. Consulting services are not considered annual
maintenance and shall be charged against the Reserve.
G. In the event the repair Reserve has been exhausted, and the COUNTY provides
services before the Reserve is replenished, the CITY shall reimburse the
COUNTY on a time and materials basis.
Section 5. EQUIPMENT.
The COUNTY shall provide services described in Section 4 for the street lighting, and
traffic signal equipment located within the CITY. The equipment includes and is limited
to:
A. Traffic Signal Controllers
B. Load Switches
C. Detection Equipment
D. Conflict Monitor Units
E. Pre -exemption Equipment
F. Auxiliary Cabinet Wiring
G. Traffic Signal Loops
H. Traffic Signal Circuit Wiring
I. Signal Heads, Pedestrian Heads, LEDs
J. Street Lighting Equipment
K. Street Light Circuit Wiring
L. Traffic Signal Timing; install and maintain City provided plans from data
provided by City.
M. Flashers, school flashers, and fire station flashers.
Section 6. TIME OF SERVICE.
The COUNTY shall provide additional coverage 24 hours a day, 7 days a week for all
Traffic Signal failures and malfunctions, and Traffic Control Devices, including and not
limited to damage caused to traffic signals by traffic accidents and weather conditions.
The CITY shall have the option at the CITY's sole expense to secure services from
another agency for emergency response situations if the COUNTY is unable to respond
in a timely manner. Failures, malfunctions and damages shall not be considered annual
maintenance and will be charged against the Reserve.
Section 7. INDEMNIFICATION.
Each party, to the extent of its own negligence, shall defend, indemnify and hold the
other party, its officers, officials, employees, and agents harmless from any and all
claims, injuries, damages, losses or suits, including all legal costs and attorney fees,
arising out of or in connection with the indemnitor's performance of this Agreement.
Neither party assumes responsibility to the other party for the consequences of any act
or omission of any person, firm or corporation not a party to this Agreement. The
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COUNTY accepts no responsibility for the performance or suitability of any good or
service to be provided by third party vendors.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES' WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
Section 8. TERMINATION.
This Agreement may be terminated by either party, with or without cause, with sixty (60)
days prior written notice to the other.
Section 9. GENERAL PROVISIONS.
9.1 Governing Law and Attorney's Fees.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court. In the event of litigation to
enforce any of the terms or provisions herein, each party shall pay all its own costs and
attorney's fees.
This Agreement may be amended from time to time as deemed appropriate by the
Parties, provided, any such amendment shall become effective only after it has been
adopted in writing by the authorized representatives of the Parties.
9.3 Entire Agreement.
This Agreement contains the entire understanding of the Parties and supersedes any
other agreement or understanding between the Parties relating to the subject matter of
this Agreement.
9.4 Compliance with Laws.
The Parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
9.5 Severability.
The provisions of this Agreement are severable. Any term or condition of this
Agreement or application thereof deemed to be illegal, invalid or unenforceable, in
whole or in part, shall not affect any other term or condition of the Agreement and the
Parties' rights and obligations will be construed and enforced as if the Agreement did
not contain the particular provision.
9.6 Implied Contract Terms.
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Each provision of law and any terms required by law to be in the Agreement are made a
part of the Agreement as if fully stated in it.
9.7 Assignment.
The rights or obligations under this Agreement, and any claims arising thereunder, are
not assignable or delegable, in whole or in part, by any party to this Agreement.
9.8 Waiver.
A failure by any party to exercise its rights under this Agreement shall not preclude that
party from subsequent exercise of such rights and shall not constitute a waiver of any
other rights under this Agreement unless stated to be such in a writing signed by an
authorized representative of the party.
9.9 Headings.
Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
9.10 Recording.
This Agreement shall be recorded with the Kitsap County Auditor's Office in compliance
with RCW 39.34.040.
9.11 Further Acts.
Each party shall execute and deliver all such documents and perform all such acts as
reasonably necessary, from time to time, to carry out the matters contemplated by this
Agreement.
9.12 Counterparts.
This Agreement may be executed in any number of counterparts, all such counterparts
shall be deemed to constitute one and the same instrument, with each counterpart
deemed an original.
9.13 Authorization.
Each person signing below warrants that they have full power and authority to execute
this Agreement on behalf of the party for whom they sign.
9.14 No Third -Party Beneficiary.
No provision of this Agreement is intended to, nor shall it be construed to, create any
third -party beneficiary or provide any rights or benefits to any person or entity other than
the COUNTY and the CITY.
9.15 Administration; No Separate Entity Created.
The CITY Public Works Director shall serve as the administrator of this Agreement. No
separate legal entity is formed by this Agreement.
9.16 Ownership and Disposition of Property.
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Each party shall retain ownership of all real and personal property used in connection
with this Agreement.
9.17 No Employment Relationship Created.
The parties agree that nothing in this Agreement shall be construed to create an
employment relationship between any party and any employee, agent, representative or
contractor of the other party.
Section 10. NOTICE.
All communications and payments hereunder may be delivered or mailed. If mailed, they
shall be sent to the Parties at the addresses listed below by registered or 1st class mail,
or by personal service, and shall be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or such other address as may be hereafter specified
in writing.
City of Port Orchard:
City Hall
216 Prospect Street
Port Orchard, WA 98366
Executed this
APPROVED:
CITY OF PORT ORCHARD
ROBERT PUTAANSUU, Mayor
day of
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
County:
Jeff Shea
614 Division Street MS-26
Port Orchard, WA 98366
2021.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY
ROBERT GELDER, Chair
EDWARD E. WOLFE, Commissioner
CHARLOTTE GARRIDO, Commissioner
ATTEST:
Dana Daniels, Clerk of the Board
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney Elizabeth Doran, Deputy Prosecuting Attorney
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EXHIBIT A
TRAFFIC SIGNAL INVENTORY
LOCATION
#
Tremont & Sidney
1
Tremont & Port Orchard Blvd.
1
Tremont & Pottery
(Flasher Controlled Roundabout)
1
Sidney & Sedgwick
1
Bethel & Lund
1
Bethel & Wal-Mart
1
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EXHIBIT B
TRAFFIC CONTROL DEVICES
SOLAR POWERED SPEED RADAR SIGNS
#
SW Sed wick Rd Speed Limit Radar Sin
1
McCormick Woods Dr. SW Speed Limit Radar Sin
1
SE Lund Ave Speed Limit Radar Sin
1
Beach Dr E Speed Limit Radar Sign
1
FLASHERS
#
Sidney Glen Elementary School Flashers
2
South Kitsap High School Flashers
2
Cedar Heights Junior High School Flashers
4
RECTANGULAR RAPID FLASHING BEACONS (RRFB)
#
Tremont St W between S. Kitsap Blvd & Pottery Ave
3
Page 11 of 102
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rk ON
Agenda Item No.:
Subject:
City
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda 4D
Amending Ordinance No. 002-21 with the
Meeting Date:
Prepared by:
Washington State Department of
Transportation for the Citywide Street Atty Routing No:
Lighting Study Atty Review Date
September 28, 2021
Mark Dorsey, P.E.
Public Works Director
366922.0009 — PW
September 23, 2021
Summary: On February 9, 2021, the Port Orchard City Council adopted Ordinance No. 002-21, thereby
approving and authorizing the Mayor to execute Contract No. CO22-21 with the Washington State
Department of Transportation for the federal grant funded Citywide Street Lighting Study in the amount
of $36,000 with a $4,000 match requirement from the Highway Safety Improvement Program (HSIP), as
managed by the Washington State Department of Transportation (WSDOT) under their 2020 City Safety
Program. On July 1, 2021, the City received the Local Agency Agreement from the Washington State
Department of Transportation in the amount of $55,000 with no match requirement.
Recommendation: Staff recommends that the City Council amend Ordinance No. 002-21, thereby
accepting the revised federal grant amount of $55,000 with no match requirement for the Citywide
Street Lighting Study.
Relationship to Comprehensive Plan: Not Applicable.
Motion for Consideration: I move to amend Ordinance No. 002-21, thereby accepting the revised
federal grant amount of $55,000 with no match requirement for the Citywide Street Lighting Study.
Fiscal Impact: None.
Alternative: None.
Attachment: Amended Ordinance No. 002-21, and WSDOT LAA Letter (dated 7/1/2021).
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AMENDED ORDINANCE NO. 002-21
AN AMENDMENT OF AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ACCEPTING THE REVISED TERMS AND CONDITIONS
ASSOCIATED WITH THE FEDERALLY FUNDED HIGHWAY SAFETY
IMPROVEMENT PROGRAM (HSIP) AS MANAGED BY THE WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION (WSDOT) UNDER THEIR
2020 CITY SAFETY GRANT PROGRAM, APPROVING CONTRACT NO CO22-
21 WITH WSDOT FOR THE CITYWIDE STREET LIGHTING STUDY;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, on March 5, 2020, the City's Public Works Department applied for Highway
Safety Improvement Program (HSIP) grant funding through the Washington State Department
of Transportation (WSDOT) 2020 City Safety Program for a Citywide Street Lighting Study; and
WHEREAS, on December 23, 2020, the City of Port Orchard Public Works Department
was notified by WSDOT that the Project was selected to receive $36K in federal funding
through the HSIP, with a $4,000 local match requirement; and
WHEREAS, on February 9, 2021, the Port Orchard City Council adopted Ordinance No.
002-21, thereby approving and authorizing the Mayor to execute Contract No. CO22-21 with
the Washington State Department of Transportation; and
WHEREAS, on July 1, 2021, the City received the Local Agency Agreement from the
Washington State Department of Transportation in the amount of $55,000 with no match
requirement; and
WHEREAS, the City Council has determined it to be in the best interests of the City to
enter into Contract No. CO22-21 with WSDOT for the Citywide Street Lighting Study; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
SECTION 1. The City Council authorizes the Mayor to execute Contract No. CO22-21
with the Washington State Department of Transportation (WSDOT) for the Citywide Street
Lighting Study, inclusive of both the current WSDOT Project Administration Agreement
attached and the pending WSDOT Local Agency Agreement.
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
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Amended C
Page 2 of 2
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 28t" day of September 2021.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Rinearson, MMC, City Clerk Cindy Lucarelli, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
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Washington State
w7, Department of Transportation
July 1, 2021
Mr. Mark Dorsey
City Engineer
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Dear Mr. Dorsey:
IBack to Agenda
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TrY:1-800-833-6388
www.wsdot.wa.gov
City of Port Orchard
Citywide Street Lighting Study
HSIP-OOOS(590)
FUND AUTHORIZATION
We have received FHWA fund authorization, effective June 28, 2021, for this project as follows:
PHASE TOTAL FEDERALSHARE
Planning $55,000 $55,000
As a condition of authorization, you must show continuous project progress through monthly
billings, until your project is complete. Failure to show continuous progress may result in your
project becoming inactive per 23 CFR 630.106(a) (5) and subject to de -obligation of all federal
funds and agreement closure.
Enclosed for your information and file is a fully executed copy of Local Agency Agreement
LA10096 between WSDOT and your agency. All costs exceeding those shown on this
agreement are the sole responsibility of your agency. Any costs incurred after the Project
Agreement End Date shown on the agreement are not eligible for federal reimbursement. In
addition, all eligible costs incurred prior to the End Date must be billed within sixty (60) days
of the End Date or they are ineligible for federal reimbursement.
Please submit all future project correspondence to your Region Local Programs Engineer, Bryan
Dias.
Sincerely,
Stems rA'X
Stephanie Tax
Interim Director
Local Programs
ST:cc:ml
Enclosure
cc: Bryan Dias, Olympic Region Local Programs Engineer, MS 47440
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AM
� Washington State Local Agency Agreement
vI/ Department of Transportation 9 Y 9
Agency City of Port Orchard CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Address HSIP-000S 590
Attn. K. Chris Hammer, PE -Assistance City Engineer Project No.
216 Prospect Street Agreement No. I -A %00 9*
Port Orchard, WA 98366
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 — certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the
Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal
Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency,
Project Description
Name City-wide Street Lighting Study
Termini City Limits
Description of Work
Length N/A
The project includes, lighting level data, validate and amend data, develop GIS model for analysis and study, and develop a report to
identify and prioritize improvements to address deficieincies
Project Agreement End Date December 31, 2024
Proposed Advertisement Date N/A
Claiming Indirect Cost Rate
❑ Yes ✓ No
Agency Official Washington State
B� Department o Transportation Stephanie StephlnieTax by
By Director, Local Program � Stephanie Tax
Tax Date: 2021.06.24 15:15:43
Title Mayor Date Executed-07'00'
DOT Form 140-039
Revised 12/2020
Page 1
Page 16 of 102
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Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions
set forth below. Adopted by official action on
, , Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de -obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX).
DOT Form 140-039 Page 2
Revised 12/2020
Page 17 of 102
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The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time,
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government, Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cast. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 -Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
Vill. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
DOT Form 140-039 Page 3
Revised 12/2020
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IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to cant' out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part Il, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
DOT Form 140-039 Page 4
Revised 12/2020
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XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVIL Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
DOT Form 140-039 Page 5
Revised 12/2020
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of September 14, 2021
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:
Mayor Pro-Tem Ashby
Councilmember Chang
Councilmember Clauson
Councilmember Cucciardi
Councilmember Diener
Councilmember Lucarelli
Councilmember Rosapepe
Mayor Putaansuu
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via remote access: Finance Director Crocker, Public Works Director Dorsey, Utility
Manager J. Brown, Police Chief Brown, Community Development Director Bond, HR Manager Lund,
City Attorney Archer, and Deputy City Clerk Floyd.
The meeting is also streaming live on YouTube.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the agenda
as presented.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 82621 through 82667 and 82672 through 82736 including bank drafts
in the amount of $375,690.53 and EFT's in the amount of $96,457.40 totaling $472,147.93.
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Minutes of September 14, 2021
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B. Approval of Payroll Check Nos. 82615 through 82620 and 82688 through 82671 including bank
drafts and EFT's in the amount of $414,897.46 and Direct Deposits in the amount of $ 389, 879.15
totaling $804,776.61.
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing
Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City
(Ordinance No. 038-21)
D. Adoption of a Resolution Declaring Certain Items as Surplus and Authorizing its Disposition
(Resolution No. 047-21)
E. Acceptance of a Grant from Kitsap Bank for the Chimes and Lights Event
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the
consent agenda as published.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Continuation: Adoption of a Resolution Adopting the 2021-2031 Water Use Efficiency Goals
The motion on the floor is:
MAIN MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt
Resolution No. 049-21, thereby updating the Water Use Efficiency Goals and Measures.
In response to Councilmember Ashby, City Attorney Archer spoke to the changes in this resolution
as it is different than what was presented at the last Council meeting.
In response to Mayor Putaansuu, City Attorney Archer recommended if Councilmember Ashby is
comfortable, she can amend the motion to substitute the revised resolution. Council would then
vote on the amendment, and then vote on the core [main] motion.
Councilmember Cucciardi pointed out a scrivener's error on page 2 on the second THAT, the ten-
year period should be from 2021-2030 instead of 2021-2031.
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Minutes of September 14, 2021
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AMENDED MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to amend the
motion on the floor to replace the resolution that was included in that motion with the resolution
that is included in our packet this evening with the updated Whereas statements.
The amended motion carried.
The main motion carried.
B. Adoption of an Ordinance Approving a Contract with the Washington State Public Works Board
for the Pottery Sewerage Lift Station Emergency Repair Project
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to adopt
Ordinance No. 037-21, approving and authorizing the Mayor to execute Contract No. C085-21 with
the Washington State Public Works Board for the Pottery Sewerage Lift Station Emergency Repair
Project in the loan amount of $500,000.
The motion carried.
C. Adoption of an Ordinance Accepting the Department of Ecology's Requested Revisions to
Port Orchard 2021 Shoreline Master Program
MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt an ordinance
accepting the revisions to the City's 2021 Shoreline Master Program and Appendix C, previously
adopted by Ordinance 012-21, as requested by the Washington State Department of Ecology.
The motion carried.
(Ordinance No. 042-21)
D. Adoption of a Resolution Adopting Policies and Procedures for the City's Annual Spring Clean-
up Program
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt Resolution No.
057-21, thereby adopting the City of Port Orchard's Policy and Procedures for the Spring Clean -Up
Program.
The motion carried.
E. Adoption of a Resolution Approving a Contract with Fehr & Peers, Inc. for the 2021 Citywide
Street Lighting Study and Documenting Procurement Procedures
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt Resolution
No. 065-21, thereby authorizing the Mayor to execute Contract No. C086-21 with Fehr & Peers, Inc.
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Minutes of September 14, 2021
Page 4 of 7
for the 2021 Citywide Street Lighting Study in an amount of $39,983.17 and documenting the
Professional Services procurement procedures.
Councilmember Chang explained although he is a Washington State Department of Transportation
employee, he is not involved with the department that offers these grants. He also does not
materially benefit from the grant, but if anyone believes he should recuse himself, he will do so.
Council did not have any objections.
The motion carried.
F. Adoption of a Resolution Approving Mayoral Appointments to the Lodging Tax Advisory
Committee
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution
confirming the Mayor's appointment of a representative from the Red Lion Inn & Suites and Mrs.
Howes Bed and Breakfast, as businesses required to collect the tax and Port of Bremerton and Visit
Kitsap as organizations involved in activities, to serve on the Lodging Tax Advisory Committee; and
to confirm the re -appointment of Councilmember Rosapepe as Chair of the committee.
The motion carried.
(Resolution No. 066-21-21)
G. Approval of Amendment No. 2 to Contract No. 082-19 with Kitsap Public Facilities District for
Funding and Development of the South Kitsap Community Event Center
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt the second
amendment to the interlocal agreement with the KPFD as approved by the KPFD board and as
presented.
The motion carried.
H. Approval of a Contract with West Coast Code Consultants (WC-3) for Building/Fire Code Plan
Review and Building/Fire Code Inspection Services
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve a contract
with WC3 not to exceed $140,000 as presented
The motion carried.
(Contract No. 094-21)
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Minutes of September 14, 2021
PaRe5of7
I. Approval of Amendment No. 1 to Contract No. 016-21 with LaCross & Murphy, PLLC for Public
Defense Services
MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve Contract
amendment no. 1 to Contract number 016-21, with LaCross & Murphy, PLLC and authorize the Mayor
to execute the amended agreement as presented
The motion carried.
J. Approval of a Lease Agreement with the Special Olympics Washington, South Kitsap Flag
Football Program for Use of a Portion of Van Zee Park
MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to authorize the Mayor
to execute a lease with the Special Olympics Washington, South Kitsap Flag Football Program, for
temporary use of the Van Zee Park, including the lights, as presented.
The motion carried.
(Contract No. 091-21)
K. Approval of the August 10, 2021, City Council Meeting Minutes
Mayor Putaansuu reminded Council they were emailed revised minutes today.
MOTION: By Councilmember Ashby, seconded by Councilmember Cucciardi, to approve the minutes
of the August 101" meeting as sent out by email today.
The motion moved. Councilmember Diener abstained.
L. Approval of the August 17, 2021, City Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to approve the minutes
of August 17, 2021, City Council as presented.
The motion moved. Councilmember Lucarelli abstained.
EXECUTIVE SESSION
At 7:36 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to
RCW 42.30.110(1)(i) to discuss with legal counsel legal risks of a proposed action when public
discussion could have adverse finance or legal consequences to the agency. City Attorney Archer and
Community Development Director Bond were invited to attend, and City Attorney Archer noted
action will follow.
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Minutes of September 14, 2021
Page 6 of 7
At 7:56 p.m., Mayor Putaansuu extended the executive session for an additional 5-minutes.
At 8:01 p.m., Mayor Putaansuu extended the executive session for an additional 5-minutes.
At 8:06 p.m., Mayor Putaansuu reconvened the meeting back into session.
8. DISCUSSION ITEMS (No Action to be Taken)
A. Mandatory Vaccination for City Employees
Councilmember Cucciardi noted he does not think we are ready to have this conversation. There are
so many issues right now that are unknown so there is no value in debating this topic at this time.
He said as a Councilmember, he needs to be on the lookout for public safety and we need to pay
attention to what our local medical professionals and facilities can do. He encourages everyone to
consult their individual medical professional and talk to them about vaccines and the importance for
them.
Council Direction: No direction was given to staff.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Cucciardi reported on the September 131" Economic Development and Tourism
Committee meeting.
Councilmember Lucarelli reported on the September 13t" Festival of Chimes and Lights Committee
meeting.
10. REPORT OF MAYOR
The Mayor reported on the following:
• Council meeting summer breaks in August;
• City's YouTube channel analytics;
• Public Works trust fund awards;
• Pottery sidewalk grant; and
• Department of Emergency Management dues increase.
Councilmember Ashby reported on current and upcoming projects with Kitsap Regional Coordinating
Council and reported on the Peninsula Regional Transportation Planning Organization.
11. REPORT OF DEPARTMENT HEADS
Police Chief Brown reported they are doing very well and continues to appreciate the Council's
support.
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Minutes of September 14, 2021
Page 7 of 7
Community Development Director Bond reported on development activity within the City.
HR Manager Lund thanked Council fortheir support in authorizingthe position of extra help in human
resources. Also, so far this year the City has 22 new hires.
Finance Director Crocker reported it is a very busy time of year. It is interesting, stressful, and a lot
of fun.
Deputy City Clerk Floyd apologized for the Zoom issues this evening.
GOOD OF THE ORDER
Mayor Putaansuu noted he spoke to someone who was discouraged about traffic and asked them
why they are not using Tremont Street.
Councilmember Rosapepe reminded Council as they are looking at infrastructure, please don't forget
parks.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
The executive session was held earlier.
14. ADJOURNMENT
The meeting adjourned at 8:45 p.m. No other action was taken. Audio/Visual was successful.
Jenine Floyd, Deputy City Clerk Robert Putaansuu, Mayor
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a
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 Ordinance Amending Port
Orchard Municipal Code Title 20 Legislative
Shelter and Housiniz Requirements
Back to Agenda
Meeting Date: September 28, 2021
Prepared by: Nick Bond, AICP
DCD Director
Atty Routing No.: Matter 11 - Development
Atty Review Date: July 27, 2021
Summary: The City Attorney and DCD staff have prepared amendments to POMC 20.12 (Definitions) and
POMC 20.39.040 (Use Table) to comply with the requirements of RCW 35A.21.430, which states that the
City shall not prohibit indoor emergency shelters, indoor emergency housing, permanent supportive
housing and transitional housing in certain zones.
The Land Use Committee considered the RCW 35A.21.430 requirements at its July 2021 meeting, and
proposed the following changes to POMC 20.39.040:
• Allow Indoor Emergency Housing and Indoor Emergency Shelter as conditional uses in the
Neighborhood Mixed Use, Commercial Mixed Use, Downtown Mixed Use, Commercial Corridor,
and Commercial Heavy zones. (These are the zones in which the City currently allows hotels.)
• Designate Permanent Supportive Housing as a permitted use in all of the City's residential,
mixed -use and commercial zones. (These are the zones in which the City currently allows
residential dwelling units and hotels.)
• Designate Transitional Housing as a conditional use in all of the City's residential and mixed -use
zones, and as a permitted use in the commercial zones. (These are the zones in which the City
currently allows residential dwelling units and hotels.)
The Committee also supported amending POMC 20.12 to include definitions for these uses that are already
found in state law (RCW 36.70A.030 and RCW 84.36.043).
The Planning Commission held a public hearing and reviewed the draft ordinance at its September 7, 2021
meeting, and voted 7-1 to recommend approval of the amendments as presented. The Planning
Commissioner who voted against the recommended approval felt that additional review should have been
undertaken, particularly with regard to whether permanent supportive housing should have been a
conditional use and whether additional restrictions were appropriate for these types of land uses. The
Planning Commission generally supported additional future review of these land uses to determine
whether additional restrictions or conditions would be appropriate.
The City Council reviewed the draft ordinance at the September 21 work-study meeting, and after
discussion directed staff to revise the ordinance so that in POMC 20.39.040, all of these uses are designated
as conditional uses in all zones where they are allowed. The final ordinance reflects these revisions.
Page 28 of 102
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Report
Page 2 of 2
Relationship to Comprehensive Plan: N/A
Alternatives. Do not adopt the proposed amendments to POMC 20.12 and 20.39.040; however, the
requirements of RCW 35A.21.430 will still apply, and the City must comply with them or be subject to
potential legal consequences. Alternatively, revise the proposed amendments to POMC 20.12 and
POMC 20.39.040.
Recommendation: Approve an ordinance amending POW 20.12 and 20.39.040 to define indoor
emergency shelter, indoor emergency housing, permanent supportive housing, and transitional
housing uses, and to allow these uses as conditional uses in certain zones as presented in the
ordinance.
Motion for Consideration: "I move to adopt an ordinance amending POMC 20.12 and 20.39.040 to
define indoor emergency shelter, indoor emergency housing, permanent supportive housing, and
transitional housing uses, and to allow these uses as conditional uses in certain zones as presented in
the ordinance."
Fiscal Impact: None.
Attachments: Ordinance.
Page 29 of 102
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.12 (DEFINITIONS) AND CHAPTER 20.39
(USE PROVISIONS) OF THE PORT ORCHARD MUNICIPAL CODE
REGARDING EMERGENCY HOUSING AND SHELTERS, PERMANENT
SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development
Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's
land use, zoning, and permitting regulations; and
WHEREAS, RCW 35A.21 states that a code city may not prohibit transitional housing or
permanent supportive housing in any zones in which residential dwelling units or hotels are allowed;
and
WHEREAS, in the 2021 legislative session, the Legislature passed Engrossed Second Substitute
House Bill (ESSHB) 1220 which amended portion of the Growth Management Act (Ch. 36.70A RCW)
and Chapter 35A.21 RCW; and
WHEREAS, ESSHB 1220 made changes to RCW 35A.21 which took effect on September 30, 2021,
mandating that code cities shall not prohibit indoor emergency shelters and indoor emergency
housing in any zones in which hotels are allowed, except in such cities that have adopted an
ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of
zones within a one -mile proximity to transit; and
WHEREAS, in order to comply with ESSHB 1220, the City Council desires to amend POMC
Chapter 20.12 (Definitions) and POMC Chapter 20.39 (Use Provisions) in order to add definitions for
Emergency Housing, Emergency Shelter, Permanent Supportive Housing, and Transitional Housing
to the City's unified land use and development code, and establish the zones in which such uses are
permitted or conditionally permitted, in accordance with the requirements of RCW 35A.21; and
WHEREAS, the proposed amendments to POMC Chapter 20.12 and Chapter 20.39 were
reviewed by the City Council's Land Use Committee on July 1, 2021; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day
expedited review on July 22, 2021; and
WHEREAS, on July 28, 2021, the City's SEPA official issued a determination of
nonsignificance for the proposed amendments, which was published and provided to the public in
Page 30 of 102
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.,. ,u---j No.
Page 2 of 4
accordance with POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and
WHEREAS, on August 24, 2021, the City issued a Notice of Public Hearing for the proposed
amendments to POMC Chapter 20.12 and Chapter 20.39, which was published and provided to the
public in accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on September 7, 2021, and recommended its adoption by the City Council; and
WHEREAS, the proposed amendments to POMC Chapter 20.12 and Chapter 20.39 were
considered by the City Council at the work-study meeting on September 21, 2021; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent
with the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of
the City and further advance the public health, safety and welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. POMC 20.12 Definitions — New Definitions Added. The following new
definitions are added to Port Orchard Municipal Code Section 20.12.010:
"Indoor Emergency Housing" means temporary indoor accommodations for individuals or families
who are homeless or at imminent risk of becoming homeless that is intended to address the basic
health, food, clothing, and personal hygiene needs of individuals or families. Indoor emergency
housing may or may not require occupants to enter into a lease or occupancy agreement.
"Indoor Emergency Shelter" means a facility that provides a temporary indoor shelter for individuals
or families who are currently homeless. An indoor emergency shelter may not require occupants to
enter into a lease or an occupancy agreement. Indoor emergency shelter facilities may include day
and warming centers that do not provide overnight accommodations.
"Permanent Supportive Housing" means subsidized, leased housing with no limit on length of stay
that prioritizes people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and
personal behaviors. Permanent supportive housing is paired with on -site or 24 off -site voluntary
services designed to support a person living with a complex and disabling behavioral health or
Page 31 of 102
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.,. ---J No.
Page 3 of 4
physical health condition who was experiencing homelessness or was at imminent risk of
homelessness prior to moving into housing to retain their housing and be a successful tenant in a
housing arrangement, improve the resident's health status, and connect the resident of the housing
with community -based health care, treatment, or employment services. Permanent supportive
housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW.
"Transitional Housing" means a facility that provides housing and supportive services to homeless
persons or families for up to two years and that has as its purpose facilitating the movement of
homeless persons and families into independent living.
SECTION 3. POMC 20.39 Use Provisions — Additions. The following uses are hereby
added to the Residential Uses section in POW 20.39.040 (Use Table):
Defini
tion
/standa
Use Category Specific Use
111
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
rds
Residential Uses
Indoor Emergency Housing
--
-
-
-
-
-
--
-
C
C
C
-
--
C
C
--
--
--
-
-
-
Indoor Emergency Shelter
-
-
-
-
-
-
-
-
C
C
C
-
-
C
C
--
--
--
--
--
--
Permanent Supportive
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
--
--
--
--
--
--
Housing
Transitional Housing
C
C
C
C
C
C
C
C
C
C
C
C
SECTION 4. Conflict. In the event of a conflict between this Ordinance, and any
Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any International Building
Code shall supersede.
SECTION S. Corrections. Upon the approval of the city attorney, the city clerk
and/or code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 6. Severability. If any section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining parts of this ordinance.
SECTION 7. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of
publication. A summary of this ordinance in the form of the ordinance title may be published in
Page 32 of 102
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Page 4 of 4
lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 281" day of September 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
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a
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 7B
Subject: Adoption of an Ordinance Amending Port
Orchard Municipal Code Title 20
Back to Agenda
Meeting Date: September 28, 2021
Prepared by: Nick Bond, AICP
DCD Director
Congregate Living Use Atty Routing No.: Matter 11 - Development
Atty Review Date: July 27, 2021
Summary: The proponents of a proposed congregate living facility for young people, Amici House, have
requested that the City Council allow the congregate living use in the Residential 2 (R2) zone, in addition to
the other zones in which it is currently located. The property that is proposed for Amici House, located at
902 DeKalb Street, is currently zoned R3. Because the property is located within the boundaries of the
Downtown Subarea Plan, a Comprehensive Plan amendment as well as a rezone would be required to
change this property to R3, which could result in up to a year's delay in approval of the congregate living
facility.
In July 2021, the Land Use Committee considered Amici House's request and supported allowing this
project and similar future projects to be located in the R2 zone as a conditional use. An ordinance was
prepared with an amendment to POMC 20.39.040 (Use Table) allowing congregate living as a conditional
use in the R2 zone, at locations in countywide centers and within a % mile radius of a transit route. The
ordinance also includes a definition for congregate living in POMC 20.12 (Definitions). The Planning
Commission held a public hearing and reviewed the draft ordinance at their September 7, 2021 meeting,
and recommended approval of the proposed amendments.
The City Council reviewed the draft ordinance at the September 21, 2021 work-study meeting, and
requested that staff revise the definition to state that a congregate living facility must be located within a
countywide center and either within a % mile radius of a transit route or served by a demand -responsive
transit service. The final ordinance incorporates this revision.
Relationship to Comprehensive Plan: The proposed amendments to POW Title 20 regarding the
congregate living use support the following Comprehensive Plan goals and policies:
• Housing Goal 1: Ensure that the City's housing stock responds to changes in desired housing types
based on demographic trends and population growth.
• Policy HS-2: Support the development of a variety of housing types, including apartments,
townhomes, mixed -use (residential and other uses) and live -work development, small -lot and zero lot
line single-family homes, and manufactured homes, as well as traditional single-family homes, through
innovative planning, efficient and effective administration of land and building codes, and, where
available, applicable financial assistance.
Page 34 of 102
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`port 713
Page 2 of 2
• Policy HS-11: Encourage the development of a mix of housing types within walking and bicycling
distance of public schools, parks, transit service, and commercial centers.
• Policy HS-14: Implement zoning and development regulations which encourage infill housing on
empty and redevelopable parcels.
Alternatives: Do not adopt the proposed amendments to POMC 20.12 and 20.39.040; revise the
proposed amendments.
Recommendation: Approve an ordinance amending POMC 20.12 and 20.39.040 to define the
congregate living use and allow it as a conditional use in the R2 zone.
Motion for Consideration: "I move to adopt an ordinance amending POW 20.12 and 20.39.040 to
define the congregate living use and allow it as a conditional use in the R2 zone."
Fiscal Impact: None.
Attachments: Ordinance.
Page 35 of 102
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.12 (DEFINITIONS) AND CHAPTER 20.39
(USE PROVISIONS) OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and Development
Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's
land use, zoning and permitting regulations; and
WHEREAS, the City Council desires to amend POMC Chapter 20.12 (Definitions) and POMC
Chapter 20.39 (Use Provisions) in order to allow the Congregate Living Facilities residential use to be
allowed as a conditional use in the Residential 2 (R2) zone, in addition to the other zones in which it
is currently permitted; and
WHEREAS, the proposed amendments to POMC Chapter 20.12 and Chapter 20.39 were
reviewed by the City Council's Land Use Committee on July 1, 2021; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day expedited
review on July 21, 2021; and
WHEREAS, on July 28, 2021, the City's SEPA official issued a determination of nonsignificance
for the proposed amendments, which was published and provided to the public in accordance with
POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and
WHEREAS, on August 24, 2021, the City issued a Notice of Public Hearing for the proposed
amendments to POMC Chapter 20.12 and Chapter 20.39, which was published and provided to the
public in accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on September 7, 2021, and recommended adoption by the City Council; and
WHEREAS, the proposed amendments to POMC Chapter 20.12 and Chapter 20.39 were
considered by the City Council at the work-study meeting on September 21, 2021; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent
with the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of
Page 36 of 102
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Page 2 of 3
the City and further advance the public health, safety and welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
101.up _11►I_l;,21911191VI& i
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. POMC 20.12 Definitions — New Definition Added. The following new
definition is added to Port Orchard Municipal Code Section 20.12.010:
"Congregate Living Facilities" means a building or part thereof that contains sleeping units where
nontransient residents share bathroom or kitchen facilities, or both. "Nontransient" with respect to
congregate living facility use means occupancy of a sleeping unit for not less than 30 days at a
time. Congregate living facilities shall be located in a countywide center as designated in the City's
Comprehensive Plan, shall be in a location that is within a 1/4 mile radius of a transit route or that is
served by demand -responsive transit service, shall have 24-hour resident management with
responsibility for the operations and maintenance of the facility, and shall not provide medical care or
social welfare services onsite.
SECTION 3. POMC 20.39 Use Provisions — Amended. The Congregate Living Facilities
residential use in POMC 20.39.040 (Use Table) is hereby amended to read as follows:
Defini
tion
/standa
Use Category Specific Use
R1
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
rds
Congregate living facilities
--
C
C
C
C
--
--
--
C
-
--
P
C
--
--
-
-
--
--
--
--
SECTION 4. Conflict. In the event of a conflict between this Ordinance, and any
Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any International Building Code
shall supersede.
SECTION S. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance, including but
not limited to the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
SECTION 6. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
Page 37 of 102
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Page 3 of 3
SECTION 7. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of publishing
the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the
City Clerk in authentication of such passage this 28th day of September 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 38 of 102
;0 4
a
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 7C
Subject: Adoption of an Ordinance Reclassifying the
Back to Agenda
Meeting Date: September 28, 2021
Prepared by: Nick Bond, AICP
Property located SW of the Intersection of DCD Director
Sedgwick/Glenwood Road SW and Atty Routing No.: Matter 11 - Development
Glenwood RD SW from Commercial Mixed Atty Review Date: September 22, 2021
Use to Industrial Flex
Summary: The City received an application for a site -specific rezone for the unaddressed property located
southwest of the intersection of Sedgwick/Glenwood Rd SW and Glenwood RD SW, identified as Assessor
Parcel Number 102301-4-023-2001 (the "Property"), to change the zoning designation from Commercial
Mixed Use (CMU) to Industrial Flex (IF). The City of Port Orchard Hearing Examiner held a public hearing
consistent with the requirements of POMC 20.22.060, on September 9, 2021, and issued a Recommendation
to approve the rezone for consideration by the City Council on September 22, 2021. The proposed rezone will
grant the property development rights associated with the Industrial Flex zoning designation, but future
development of the Property is subject to additional permitting requirements.
Background: Todd Krause, on behalf of Tucalupesi Real Estate, LLC, applied for the requested site -specific
rezone on May 10, 2021. The proposal consists of changing the zoning of the subject property from
Commercial Mixed Use (CMU) to Industrial Flex (IF) to accommodate the development of an approximately
10,000 square foot office building and a shop/storage building that is proposed to be approximately 11,500
square feet. Associated parking, stormwater improvements, utility improvements, and other required site
improvements will be included with the development.
After review by City staff and other agencies, the application was automatically determined technically
complete on June 8, 2021. Pursuant to RCW 36.70A.070, if an application is stated as complete, it does not
preclude the City from requesting additional information. The proposed project is reviewed under POMC Title
20 that was in effect at the time of complete application. In this instance, the City did not request additional
information from the applicant.
The City provided Notice of Application with the Optional Determination of Nonsignificance process
established in Washington Administrative Code 197-11-355 on July 6, 2021, consistent with the requirements
of POMC 20.24. The comment period for the Notice of Application (NOA) and Determination of
Nonsignificance (DNS) was held open until July 27, 2021. The City of Port Orchard received seven comments
from the public in response to the Notice of Application which were considered fully prior to issuance of the
DNS on August 2, 2021. The DNS was not appealed.
Page 39 of 102
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`port 7C
Page 2 of 2
The subject property was annexed into the City of Port Orchard in September 2010. Under Kitsap
County's jurisdiction, the property was zoned Highway Tourist Commercial (10-30 DUs/Ac). Upon
annexation to the City of Port Orchard, the property was zoned Commercial on the City's official zoning
map. On March 27, 2019, the City of Port Orchard revised zoning classifications and added additional
zones which fall under the Residential, Commercial and Industrial Comprehensive Plan land use
designations. In developing these revised zoning classifications, the City of Port Orchard attempted to
match the previous zones with the new classifications while being mindful of the ultimate urban form
and land use patterns derived through the new zoning designations in implementation of the City's
Comprehensive Plan. In this instance, the subject property was designated as Commercial Mixed Use
which permits a variety of multi -family and commercial development patterns.
The City of Port Orchard Hearing Examiner held an open record hearing for the site -specific rezone
request on September 9, 2021. The Hearing Examiner issued a Recommendation to the City of Port
Orchard City Council on September 22, 2021, recommending approval of the request to rezone the
Property from the "Commercial Mixed Use" to "Industrial Flex" zoning designation. This
Recommendation is attached to this Staff Report for the Council's review.
Recommendation: Adoption of an ordinance, granting approval of the site -specific rezone from
"Commercial Mixed Use" to "Industrial Flex".
Relationship to the Comprehensive Plan: As described in the Hearing Examiner's Recommendation, the
request for a site -specific rezone from Commercial Mixed Use to Industrial Flex is consistent with the
City's Comprehensive Plan designation of Commercial. The proposal requests that the Property be
designated Industrial Flex in an area designated as Commercial on the City of Port Orchard
Comprehensive Plan Map. The proposed zone change is illustrated in an attachment to this Staff Report.
The site -specific rezone request is consistent with the Commercial Comprehensive Plan Designation, the
Goals and Policies in the Land Use, Transportation, Housing, and Economic Development Elements of the
adopted City of Port Orchard Comprehensive Plan.
Motion for consideration: I move to adopt an Ordinance, granting approval of the site -specific rezone
from "Commercial Mixed Use" to "Industrial Flex" for the property located at the northwest corner of
the intersection of Harold Drive SE identified as Assessor Parcel Number 102301-4-023-2001.
Fiscal Impact: None.
Alternatives: Approval with added conditions.
Attachments: Ordinance with Exhibit A thereto (Proposed City of Port Orchard Zoning Map), Hearing
Examiner Recommendation, and Proposed site -specific zoning map amendment.
Page 40 of 102
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF PORT
ORCHARD; RECLASSIFYING THE PROPERTY LOCATED SOUTHWEST OF
THE INTERSECTION OF SEDGWICK/GLENWOOD RD SW AND GLENWOOD
RD SW, IDENTIFIED AS ASSESSOR PARCEL NUMBER 102301-4-023-2001,
FROM COMMERCIAL MIXED USE TO INDUSTRIAL FLEX ZONING
DESIGNATION; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Todd Krause, representing Tucalupesi Real Estate LLC, LLC (the "Applicant")
is the owner of a 7.62-acre parcel located southwest of the intersection of Sedgwick/Glenwood
Rd SW and Glenwood RD SW, identified as Assessor Parcel Number 102301-4-023-2001, in the
City of Port Orchard (the "Property"); and
WHEREAS, the Applicant submitted a complete application for reclassification of their
Property from the zoning designation "Commercial Mixed Use" to "Industrial Flex", in order to
facilitate the future construction of an approximately 10,000 square foot office building and a
shop/storage building that is proposed to be approximately 11,500 square feet; and
WHEREAS, the "Industrial Flex" zoning designation is appropriate in areas designated as
Commercial within the City of Port Orchard Comprehensive Plan Land Use Element; and
WHEREAS, the request to reclassify the Property has been reviewed and processed
pursuant to Port Orchard Municipal Code ("POMC") Chapter 20.42, with notices of the rezone
application provided in accordance with state and local requirements; and
WHEREAS, a SEPA Determination of Non -Significance was issued for the rezone
application in accordance with Chapter 20.42 POMC; and
WHEREAS, on September 9, 2021, the Hearing Examiner held a duly -noticed open
record public hearing on the request; and
WHEREAS, on September 22, 2021, the Hearing Examiner issued his Findings,
Conclusions and Recommendation to the City Council, recommending approval of the request
for reclassification; and
WHEREAS, the City Council concurs with the Findings, Conclusions and
Recommendation of the Hearing Examiner, and finds that the rezone application should be
approved; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
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Page 2 of 2
SECTION 1. Rezone Findings. The City Council hereby adopts the Findings and
Conclusions, and Recommendation to approve the rezone issued by the Hearing Examiner in "In
Matter of the Application of Todd Krause, on behalf of Tucalupesi Real Estate LLC for Approval
of a Site -Specific Rezone," No. LU21-REZONE-01.
SECTION 2. Zone Reclassification. Pursuant to POMC 20.42.040, and consistent with
Section 1 of this Ordinance, the City Council amends the "Official Zoning Map of the City of Port
Orchard" by changing the zone designation for the Property from "Commercial Mixed Use" to
"Industrial Flex." The revised zoning map reflecting this change is attached to this Ordinance as
Exhibit A and incorporated herein by this reference.
SECTION 3. No Expiration. Pursuant to POMC 20.42.050(1)(b), it is the intent of the City
Council that this approval shall not expire.
SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
SECTION S. Effective Date. 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 City Clerk in authentication of such passage this 28t" day of September 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Not Applicable
Charlotte A. Archer, City Attorney Councilmember
PUBLISHED:
EFFECTIVE DATE:
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BEFORE THE HEARING EXAMINER
FOR THE CITY OF PORT ORCHARD
In the Matter of the Application of )
Todd Krause, Tucalupesi Real Estate, LLC )
For Approval of a Site -Specific Rezone )
No. LU21-Rezone-01
Tucalupesi Rezone
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the City Council APPROVE the request to rezone a
7.62-acre parcel located at an unaddressed tax parcel (No. 102301-4-023-2001), near the
intersection of Sedgwick/Glenwood Rd SW and Glenwood Rd SW, from the Commercial Mixed
Use (CMU) zone to the Industrial Flex (IF) commercial zone.
SUMMARY OF RECORD
Hearing Date:
The Hearing Examiner held an open record hearing on the request on September 9, 2021, using
remote access technology.
Testimony:
The following individuals presented testimony under oath at the open record hearing:
Stephanie Andrews, City Associate Planner
Ian Smith, City Civil Engineer
Mark Dorsey, City Department of Public Works Director
Marty Ereth
Fred Hause
Exhibits:
The following exhibits were admitted into the record:
Application materials:
A. Master Permit Application Form, received May 10, 2021
B. Site -Specific Rezone Application, received May 10, 2021
C. SEPA Environmental Checklist Application Form, received May 10, 2021, with
SEPA Environmental Checklist, dated May 7, 2021
' Prior to the beginning of the hearing, Ms. Andrews tried unsuccessfully to contact the Applicant (Todd
Krause, Tucalupesi Real Estate, LLC) by telephone. No testimony on behalf of the Applicant was
presented.
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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D. Narrative Statement, received May 10, 2021
E. Wetland Delineation Report, Ecological Land Services, dated March 2, 2021
F. Site Plan, received May 10, 2021
2. City Transmittal Letter, dated May 11, 2021
3. Determination of Technical Completeness, dated June 7, 2021
4. Notice of Application, dated July 6, 2021
5. Affidavit of Publication, dated July 6, 2021; email from Stephanie Andrews to Jackie
Krukoff, dated July 2, 2021; Kitsap Sun Order Confirmation, dated July 2, 2021, with Ad
Preview
6. Affidavit of Mailing and Emailing, dated July 6, 2021, with mailing labels and SEPA
Checklist and DNS distribution list; email from Jackie Krukoff to Todd Krause, dated
July 6, 2021; email from Jackie Krukoff to various parties, dated July 6, 2021;
undeliverable emails; Notice of application, dated July 6, 2021; aerial map with
surrounding parcels
7. Affidavit of Posting, dated July 6, 2021, with sign photo
8. Public Comments
A. Email comment from Stephanie Davis, dated July 23, 2021
B. Email comment from Marty Ereth, dated July 25, 2021
C. Email comment from Fred and Carol Hause, dated July 27, 2021
D. Letter comment from Stephanie Davis, dated July 23, 2021
E. Email comment from Stephanie Davis, dated July 27, 2021, with email string
F. Email comment from Stephanie Davis, dated July 27, 2021, with email string
G. Email comment from Marty Ereth and Carey Alvestad, received July 27, 2021
9. City Transmittal Letter, dated July 28, 2021
10. City Transmittal Letter to Applicant with public comments, dated July 28, 2021
11. Email from Todd Krause to Stephanie Andrews, dated July 28, 2021
12. Determination of Nonsignificance (DNS), dated August 2, 2021
13. Affidavit of Emailing DNS, dated August 2, 2021, with Determination of
Nonsignificance and emails from Stephanie Andrews to Jackie Krukoff, Jackie Krukoff
to Todd Krause, Jackie Krukoff to Permit Center, and Jackie Krukoff to ECY RE SEPA
Register, dated August 2, 2021
14. Notice of Public Hearing, undated
15. Affidavit of Publication, dated August 27, 2021, with email from Gannett Legals Public
Notices 4, dated August 25, 2021
16. Affidavit of Mailing, dated August 25, 2021, with Notice of Public Hearing and mailing
labels
17. Affidavit of Emailing, dated August 28, 2021, with email from Jackie Krukoff to Permit
Center, dated August 28, 2021 and Notice of Public Hearing
18. Affidavit of Emailing, dated August 3, 2021, with email from Ellen Ferguson to Permit
Center, dated August 30, 2021, and Notice of Public Hearing
19. Staff Report
20. Letter comment from Marty Ereth, dated September 9, 2021
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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The Hearing Examiner enters the following findings and conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS
Background
The subject property was designated a Highway Tourist Commercial (10-30 DU/Ac)
zone by Kitsap County prior to annexation by the City of Port Orchard (City) in
September 2010. Subsequently, the City Council zoned the property Commercial, which
most closely resembled the Kitsap County zoning prior to annexation. On March 27,
2019, the City revised zoning classifications and added additional zones that fall under
the Residential, Commercial, and Industrial Comprehensive Plan land use designations.
As part of this process, the City attempted to match the previous zones with the new
classifications. The City took into consideration the ultimate urban form and land use
patterns derived through the new zoning designations in implementation of the City's
Comprehensive Plan while completing the analysis of zoning districts that did not occur
prior to annexation. The result is the property is now zoned "Commercial Mixed Use."
Exhibit 19, Staff Report, page 13.
Application and Notice
2. Todd Krause, Tucalupesi Real Estate, LLC (Applicant), requests approval of a site -
specific rezone application to designate a 7.62-acre rectangular parcel as Industrial Flex
(IF), a commercial zone, from its current zoning designation of Commercial Mixed Use
(CMU). The Applicant requests the rezone in order to apply for permits to construct an
office building for administrative functions as the primary building/use on the site. The
Applicant also proposes an accessory storage building behind the office building with a
lean-to type roof off of one side to park equipment such as a mini -excavator. Company
vehicles could be parked on -site overnight. The site has no frontage on public right-of-
way, but access is provided to Sedgwick Road from a 30-foot private easement for
ingress, egress, and utilities. The unaddressed parcel is located near the intersection of
Sedgwick Road/Glenwood Road SW and Glenwood Road SW.2 Exhibit 1; Exhibit 19,
Staff Report, pages 1 through 3, and 9.
3. The City determined that the site -specific rezone application was complete on June 7,
2021. On July 6, 2021, the City emailed or mailed a combined Notice Application and
Notice of Intent to Issue a SEPA Determination of Nonsignificance to reviewing
government agencies and owners of property surrounding the subject property, posted
notice on the property, and published notice in the Kitsap Sun, with a comment deadline
of July 27, 2021. The City mailed notice of the hearing associated with the application to
surrounding property owners and interested parties on August 25, 2021, and published
2 The subject property is identified by tax parcel number 102301-4-023-2001. A legal description is
provided in the staff report and Applicant's Narrative. Exhibit LD; Exhibit 19, Staff Report, page 1.
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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notice in the Kitsap Sun on August 27, 2021. The next day, the City emailed notice to
parties of interest. The City emailed notice to the Applicant and reviewing agencies on
August 30, 2021. Exhibits 3 through 7; Exhibits 14 through 18; Exhibit 19, Staff Report,
pages 1, 2, and 19.
4. The City did not receive any comments from reviewing government agencies in response
to its notice materials. The City received a number of comments from surrounding
property owners in response to its notice materials. Specifically:
• Stephanie Davis opposed the proposal and raised concerns about mitigation for
environmental impacts; displacement of wildlife, such as deer and birds; impacts
to two on -site wetlands; loss of forests; impacts of increased pollution; traffic;
decreased carbon sequestration; and water, air, and soil impacts from combustion.
• Marty Ereth submitted comments noting that their northern property boundary
abuts the subject parcel and raised concerns about impacts to black bear, black tail
deer, coyote, and other wildlife using their forested property and that of their
neighbors. He made requests to protect the on -site wetlands and surrounding
forest and requested that a deeply rutted road on the property's southern boundary
running east/west not be used for construction access. A follow-up comment
from Marty Ereth and Carey Alvestad contained specific mitigation requests for
any site development. On the date of the hearing, Marty Ereth also submitted
additional comments, including specific mitigation requests for any site
development.
• Fred and Carol Hause raised concerns about specific mitigation requests for any
site development.
Exhibit 8; Exhibit 10; Exhibit 19, Staff Report, page 19.
5. The Applicant provided written responses to the concerns raised by the public, which
note:
• The Industrial Flex zone is actually a commercial zone, not an industrial one. The
site does not lend itself to low -density residential.
• The proposed use would have little in and out customer traffic.
• Approximately a half to a third of the property would remain untouched,
including the forested wetland.
• All wetland and stream setbacks would be maintained.
• Fences along neighboring properties could be considered, with possible cost -
sharing.
• The existing dirt road on -site would not likely remain, or would not remain as is.
Exhibit 11; Exhibit 19, Staff Report, page 19.
State Environmental Policy Act
6. The City acted as lead agency and analyzed the environmental impacts of the proposed
rezone under the State Environmental Policy Act (SEPA), Chapter 43.21C Revised Code
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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of Washington (RCW). The City consolidated notice of the SEPA review and notice of
the application under the optional process provided for by Washington Administrative
Code (WAC) 197-11-355, with a comment deadline of July 27, 2021. The City's notice
materials stated that the City's SEPA Responsible Official expected to issue a
Determination of Nonsignificance (DNS) for the proposal. The Applicant's
Environmental Checklist listed ravens, crows, starlings, raccoons, opossum, and mice
that have been observed or are known to exist on or near the site. No threatened or
endangered species are known to be on or near the site. The City reviewed the
Applicant's environmental checklist and other information on file, including comments
submitted by the public, and determined that the proposed rezone would not have a
probable significant adverse impact on the environment. The City's SEPA Responsible
Official issued a DNS on August 2, 2021, with an appeal deadline of August 16, 2021.
The same day, the City provided the DNS to the Applicant, public commenters, and the
Department of Ecology SEPA Register. Exhibit I.C; Exhibit 4; Exhibit 12; Exhibit 13;
Exhibit 19, Staff Report, page 19.
7. Ecology Land Services (ELS) prepared a Wetland Delineation Report (WDR) for the
Applicant, dated March 2, 2021. ELS identified two wetlands, Wetland A and Wetland
B, on the property and delineated the western boundary of Wetland A and the southern
boundary of Wetland B. Wetland A is a slope system that begins on -site near the south
property line, slopes to the north and continues off -site. Wetland B is also a sloping
system that begins on -site along the northern property line and continues off -site to the
north. A Type Ns stream begins within Wetland A and continues off -site to the
northeast. Exhibit I.E.
Comprehensive Plan and Zoning
8. The property and surrounding properties to the north and east are designated
"Commercial" under the City's Comprehensive Plan. Property to the south is in Kitsap
County and is designated "Rural Protection." Property to the west is designated "Low
Density Residential". Property to the north is undeveloped while property to the east,
south, and west is developed with detached single family residences. Comprehensive
Plan, Sec. 2.4, Table 1 (Revised May 2021). Exhibit 19, Staff Report, pages I and 2.
9. City staff reviewed the proposal and identified several Comprehensive Plan goals and
policies as applicable to the rezone, including:
• Ensure that sufficient land is available for development to accommodate allocated
growth in population and employment. [Land Use Goal 2]
• Ensure land use and development regulations enable a supply of housing units
within the city and adjacent UGA that will accommodate forecasted population
growth. Ensure land use and development regulations enable a supply of
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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commercial retail and office space within the city and adjacent UGA that will
accommodate forecasted employment growth. [Policy LU-5]
• Provide a variety of housing types and employment opportunities that meet the
needs of diverse socioeconomic interests. [Policy LU-8]
• Reduce congestion and greenhouse gas emissions, promote public health, reduce
auto dependency, and increase multimodal transportation opportunities for
accessing retail services, health care services, and places of employment. [Land
Use Goal 6]
• Enable land use patterns that allow all residents to safely and efficiently access
commercial services, especially grocery stores and healthcare facilities, without
an automobile. [Policy LU-23]
• Support a diversified economy that provides primary living wage jobs for
residents, supported by adequate land for a range of employment uses, and which
encourages accomplishment of local economic development goals. [Economic
Development Goal 1 ]
• The City shall maintain an adequate inventory of land to accommodate targeted
employment growth. [Policy ED-1]
• Promote business opportunities that utilize and attract the availability of a highly
skilled workforce and geographic proximity to military facilities. [Policy ED-4]
• Promote business opportunities that provide on-the-job training, educational
opportunities, and other means of assistance for disadvantaged populations to
achieve living -wage employment. [Policy ED-5]
• Increase residents' ability to enjoy a high quality of life and have access to
healthy living opportunities, such as locally produced food, nearby grocery stores,
parks and open space, and safe streets for walking and bicycling. [Economic
Development Goal 5]
• The City shall prioritize pedestrian, bicycle, and transit facility improvements that
connect grocery stores, healthcare facilities, and general commercial centers with
surrounding residential areas. [Policy ED-26]
• Encourage development of an efficient multi -modal transportation system based
on local, municipal, tribes, countywide, and regional priorities in coordination
with existing comprehensive and corridor development plans. [Transportation
Goal 1 ]
• Implement the roadway design standards, including acquisition of right-of-way as
needed, as defined in the City's transportation Capital Facilities plans and Port
Orchard Road Standards. [Policy TR-1 ]
• Implement necessary transportation improvements as development in the city
occurs, consistent with the City's Concurrency policies and SEPA requirements.
[Policy TR-2]
• Require new development and redevelopment to incorporate transit, pedestrian
and other non -motorized transportation improvements, including bus shelters
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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and/or pullouts, sidewalks, pathways, crosswalks, and bicycle lanes. [Policy TR-
3]
• Provide a safe, comfortable, and reliable transportation system. [Transportation
Goal 2]
• Require new development and redevelopment to incorporate appropriate street
lighting as defined in the Port Orchard City Road Standards. [Policy TR-7]
• Include sidewalks as required in the Port Orchard City Road Standards. [Policy
TR-8]
• Develop a funding strategy and financing plan to meet the multi -modal and
programmatic needs identified in the transportation element. [Transportation
Goal 3 ]
• Require developers to provide on -site and off -site road, safety, and other
transportation improvements where necessary to serve the needs of the proposed
developments and mitigate the impacts of their development on the surrounding
neighborhoods. [Policy TR-11]
• Work with Kitsap Transit to provide increased transit service to the city as
development occurs. [Transportation Goal 7]
• Encourage new development and redevelopment to include provision for bus
pullout lanes, bicycle storage facilities, and safe, attractive transit shelters where
appropriate. [Policy TR-22]
The City determined that the site -specific rezone would be consistent with the above
Comprehensive Plan Goals and Policies. Exhibit 19, Staff Report, pages 4 and 5.
10. Chapter 36.70A Revised Code of Washington (RCW) mandates that zoning
classifications should be consistent with Comprehensive Plan designations. The City's
Comprehensive Plan "Commercial" designation includes the Commercial Mixed Use
(CMU) and Industrial Flex (IF) zoning districts. Comprehensive Plan, Sec. 2.4, Table I
(Revised May 2021); Chapter 20.35 Port Orchard Municipal Code (POMC). The
property is currently zoned CMU, as is property to the west. Properties to the north are
zoned CMU and Greenbelt (GB). Properties to the east are zoned Residential 1 (R1), and
properties to the south in Kitsap Country are zoned Rural Protection (1DU/10Ac). The
CMU district is intended to accommodate a broader range of residential and
nonresidential activity than Neighborhood Mixed Use. To promote walkability and
compatibility, auto -oriented uses are restricted. Building type options include:
townhouse, apartment, live -work, shopfront house, single -story shopfront, mixed use
shopfront, and general building. Commercial Mixed Use should be applied in areas
where the existing or proposed land use pattern promotes mixed use and pedestrian -
oriented activity and may be applied in areas designated Commercial in the
Comprehensive Plan. POMC 20.35.030(1). The CMU zone does not allow "Enclosed
Storage" as a permitted use. The CMU zone also does not allow for the parking of fleet
vehicles overnight or the outdoor parking of equipment such as mini -excavators (both of
these uses are "outdoor storage" as defined in POMC 20.39.635). The Applicant's site -
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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specific request would rezone the property to Industrial Flex (IF). The IF district is
intended to accommodate a variety of light industrial, commercial, and residential uses.
To help ensure that land is reserved for employment purposes, residential uses are limited
to the upper stories. Building type options include live -work, single -story shopfront,
mixed use shopfront, and general building. IF should be applied in industrial areas where
commercial and residential uses are also desired, or where such pattern is desired in the
future and in areas designated as commercial in the Comprehensive Plan. POMC
20.35.080(1). The City determined that the IF district allows office buildings, enclosed
storage, and outdoor storage as permitted uses. Any subsequent site -specific
development applications must demonstrate consistency with all applicable Port Orchard
Municipal Code (POMC) requirements, and the Public Works Engineering Standards and
Specifications (PWESS), including applying for a Concurrency Reservation Certificate
(POMC 20.180.006). The City would provide water and sewer services to the site, while
Puget Sound Energy would provide electricity and Cascade Natural Gas would provide
natural gas. Exhibit 19, Staff Report, page 2.
Rezone Criteria
11. City staff reviewed the proposed site -specific rezone request against the required criteria
for a rezone in POMC 20.42.030 and determined:
• The proposed rezone would be consistent with the Comprehensive Plan.
• The permitted uses and building types in the requested zone offer the opportunity
to create a transition from more intense existing and potential uses in the CMU
zone west and north of the site to the existing single-family detached dwellings
south of the site.
• The required site improvements associated with commercial development on the
site would be adequately buffered by the required zoning setbacks and the
landscaping requirements implemented through Chapter 20.128 POMC. Site and
building design standards required through Chapter 20.127 POMC would provide
further buffering between uses.
• The landscaping requirements together with site planning requirements of
Chapter 20.127 POMC would provide adequate buffers and consideration to the
properties located adjacent to the property. The proposal is consistent with the
review criteria of POMC 20.42.030(2)(f).
• The proposed site -specific rezone is limited to the subject property's existing
parcel boundaries and does not create a parcel split by zoning designations. The
site -specific rezone satisfies the review criteria of POMC 20.42.030(2)(g).
• To satisfy the review criteria of POMC 20.42.030(2)(h), the proposal would
provide physical buffers between the properties to the south. The proposal
satisfies the review criteria found in POMC 20.42.030(2)(i)(i-xii) through the
following:
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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i. Housing: The proposed amendment does not impact housing but would provide
living wage employment opportunities that would encourage people to reside in
the city.
ii. Public services: The proposed rezone would create additional demand on
public services and facilities. Upon development of the site, the property owner
would be responsible for applying for Capacity Reservation Certificates that are
specific to their proposed demand.
iii. Environmental factors: Available critical areas mapping data indicates the
potential for wetlands, streams, and steep slopes on and adjacent to the site. All
of these critical areas would be fully evaluated under Chapter 20.162 POMC prior
to any ground disturbing activities. The proposed site -specific rezone itself does
not substantially increase impacts to the environment. Any environmental
impacts which may result from the proposal would be adequately mitigated
through existing Port Orchard Municipal Code and City of Port Orchard Public
Works Engineering Standards and Specifications requirements.
iv. Pedestrian safety: The proposal would be required to make pedestrian
connections from the development to existing pedestrian facilities.
v. Manufacturing activity is not applicable to the proposal.
vi. Employment activity: The site -specific rezone would not impact employment
intensity that would have been allowed under the CMU zone.
vii. Character of areas recognized for architectural or historic value: The area is
not a registered historic place.
viii. Shoreline view, public access, and recreation are not applicable to the
proposal.
ix. Service Capacities: The approval of this request would not significantly
impact the service capacities of the City of Port Orchard or South Kitsap Fire and
Rescue. Any future development would be analyzed for its impacts relative to
service capacities.
x. Population and employment allocations: The site -specific rezone would limit
the intensity of commercial capacity of the site and would allow moderate
industrial activities (such as outdoor storage). The Industrial Flex zone does not
allow higher intensity building types, such as apartments and townhomes, so a
decrease to population allocations for this site could be expected.
xi. Changed Circumstances: There are no changed circumstances on the site that
is the cause of the property owner. The application of critical areas information
and the access being provided by a private easement results in a unique remainder
of useable area on this lot that would be difficult to implement under the standards
of the CMU zone and the build -to -zone requirements of that zoning. With the
unique characteristics of the site and the needs of the property owner, the
Industrial Flex zoning is a more appropriate designation than Commercial Mixed
Use.
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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xii. Critical Areas: City staff reviewed the application in conjunction with the
City's environmental regulations found in Chapter 20.162 POMC for wetlands,
fish and wildlife habitat conservation areas, and geologically hazardous areas.
The site is impacted on- and off -site by critical areas such as wetlands, streams,
and steep slopes. The property owner is aware of this and has prepared
preliminary analyses of these features. Full assessment and evaluation would be
completed prior to a land disturbance activity permit or building permit.
Exhibit 19, Staff Report, pages 10 through 18.
Testimony
12. City Associate Planner Stephanie Andrews testified generally about the proposal and
about how it would comply with the City Comprehensive Plan, zoning ordinances,
critical area ordinances, and the specific criteria for approval of a site -specific rezone.
She determined that the rezone application would be consistent with the City's
Comprehensive Plan and zoning code. She testified that both the CMU and IF are
commercial zones within the Comprehensive Plan's Commercial designation. The IF
zone allows light industrial uses. The proposed rezone is, in part, to allow outside
overnight parking for a small number of company vehicles and storage, a use more
consistent within an IF zone than the CMU zone. She explained that, when the property
was annexed from Kitsap County in 2010, the City had only one commercial zoning
district, which covered a wide range of uses. In 2019, the City expanded its zoning
districts and zoned the property CMU. At the same time, the City also created an IF zone
allowing outdoor parking and enclosed storage as a permitted use. She testified that the
City has not prepared a critical areas review for this site -specific rezone because the City
would provide this review at the time a land disturbance activity permit is submitted. She
testified that given the private access easement and on -site critical areas, it would be a
challenging site for commercial development to meet the CMU zone criteria. The
proposed rezone would implement Comprehensive Plan goals and policies, as discussed
in the staff report, and the proposed use would include preservation of open space and
provide living wage jobs. The Applicant submitted a wetlands report, but Ms. Andrews
noted that a full critical areas assessment would be required at the time of any permit
application. She testified that the Applicant provided a written response to the public
comments received. The City is not recommending any conditions at this time, but
would conduct project specific review with any submitted site plans. Exhibit 19, Staff
Report, pages 3, 12 through 14, and 19 through 20; Testimony of Ms. Andrews.
13. Marty Ereth submitted written comments in response to the Notice of Application. He
testified that he is a fish biologist, with a salmon ecology background. His family owns a
five -acre parcel to the south of the proposed rezone. He noted that the City's 2010 annex
and rezone caused their property values to increase and described changes to the area
with new retail and commercial development. He noted that there is much wildlife in the
area, including black bear, cougar, and deer, and that there are salmon in streams. He
expressed concerns about overhead 24-hour lighting and protection of the forest on the
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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site. He testified that he would support the rezone with the proposed use and that he
understands that his concerns about critical areas would be addressed at a later stage.
Exhibit 8.B and. G; Exhibit 20; Testimony of Mr. Ereth.
14. Fred Hause also submitted written comments in response to the Notice of Application.
He testified that he also lives south of the proposed rezone property and to the west of
Mr. Ereth's property. He also has concerns about 24-hour lighting and testified that he
saw a black bear walking through the property in the last 90 minutes. He also wanted to
know more about the private access easement to the property. He would provide more
comments when a critical areas report is prepared. Exhibit 8.C; Testimony of Mr. Hause.
15. Ms. Andrews responded for the City that lighting concerns would be address later in the
process, with a review of a specific proposal, and that property owners would get notice.
City Civil Engineer Ian Smith testified that only one driveway access would be provided,
with minimum width and one lane each way to help protect the natural environment. It is
not anticipated that the current dirt road along the property's southern boundary would be
used for access. City Department of Public Works Director Mark Dorsey testified and
discussed location of a proposed access from the northwest corner of the property north
to Sedgwick Road. Testimony of Ms. Andrews, Mr. Smith, and Mr. Dorsey.
Staff Recommendation
16. City staff recommends approval of the proposed site -specific rezone without conditions.
Exhibit 19, Staff Report, page 20.
CONCLUSIONS
Jurisdiction
The City of Port Orchard Hearing Examiner has jurisdiction to hold a hearing on rezone
applications that are not part of the Comprehensive Plan Amendment process. Based on the
evidence in the record, the Hearing Examiner shall make a recommendation to the City Council
about whether the proposed rezone meets the criteria in POMC 20.42.030. POMC 2.76.080;
POMC 2.76.100; POMC 2.76.110; POMC Table 20.22.020 to .060(S); POMC 20.42.010(2) to
.040(5).
When reviewing a rezone application, the Hearing Examiner does not review development
proposals. Rather, the role of the Hearing Examiner is to review the rezone request to ensure
compliance with the site -specific rezone criteria found in POMC 20.42.030. The City Council
then reviews the Hearing Examiner's recommendation and may hold an additional hearing on the
site -specific rezone application at its discretion. The City Council's approval, modification,
deferral, or denial of a site -specific rezone application shall be based on the criteria set forth in
POMC 20.42.030. If a quasi-judicial rezone is approved, the City Council would subsequently
adopt an ordinance amending the City's official zoning map to be consistent with their final
decision on the rezone application. POMC 20.42.040(6).
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
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Criteria for Review
POMC 20.42.030 sets forth general provisions and criteria the Hearing Examiner must use to
evaluate a request for a site -specific rezone. A request for a rezone shall only be approved upon
compliance with the following review criteria:
(1) Generally. The following general provisions shall apply to review of all
site -specific rezone applications:
(a) There is no presumption of validity favoring the action of rezoning;
(b) The proponents of the rezone have the burden of proof to demonstrate
that conditions have changed since the original zoning; and
(c) The rezone must bear a substantial relationship to the public health,
safety, morals or welfare.
(2) Criteria for Review. In addition to the general criteria in subsection (1) of
this section, the city shall review applications for site -specific rezone
applications and issue approval of said applications pursuant to the
following criteria:
(a) Consistency with the existing comprehensive plan (the
comprehensive plan that has been approved and is in place at the
time the application was submitted);
(b) Consistency with the purpose of the proposed zoning district;
(c) Consistency between zone criteria and area characteristics;
(d) Zoning history and precedential effect. Previous and potential
zoning changes both in and around the area identified in the
application shall be examined;
(e) The impact of more intense zones on less intense zones or
industrial and commercial zones on other zones shall be minimized
by the use of transitions or buffers in the more intense zone, if
possible. A gradual transition between zoning categories, including
height limits, is preferred;
(f) Physical buffers may provide an effective separation between
different uses and intensities of development. The following
elements may be considered as buffers:
(i) Natural features such as topographical breaks, lakes, rivers,
streams, ravines and shorelines;
(ii) Freeways, other major traffic arterials and railroad tracks;
(iii) Distinct change in street layout and block orientation;
(iv) Open space and greenspaces suitable in area to mitigate
against more intense uses;
(v) Zone boundaries;
(g) In establishing boundaries, the following elements shall be
considered:
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
Page 12 of 16
Page 55 of 102
Back to Agenda
(i) Physical buffers as described in subsection (2)(f) of this
section; and
(ii) Platted lot lines;
(h) Boundaries between commercial and residential areas shall
generally be established so that commercial uses face each other
across the street on which they are located, and face away from
adjacent residential areas. An exception may be made when
physical buffers can provide a more effective separation between
uses;
(i) Impact Evaluation. The evaluation of the changes that would result
from approval of the application shall consider the possible
negative and positive impacts on the affected area and its
surroundings. Factors to be examined include, but are not limited
to, the following:
(i) Housing;
(ii) Public services;
(iii) Environmental factors, such as noise, air and water quality,
terrestrial and aquatic flora and fauna, glare, odor, shadows
and energy conservation;
(iv) Pedestrian safety;
(v) Manufacturing activity;
(vi) Employment activity;
(vii) Character of areas recognized for architectural or historic
value;
(viii) Shoreline view, public access and recreation;
(ix) Service Capacities. Development which can be reasonably
anticipated based on the proposed development potential
shall not exceed the service capacities which can
reasonably be anticipated in the area, including: street
access to the area; street capacity in the area; transit
service; parking capacity; utility and sewer capacity;
shoreline navigation;
(x) Population and employment allocations as established
through the countywide planning policies;
(xi) Changed Circumstances. Consideration of changed
circumstances shall be limited to elements or conditions
included in the criteria for the relevant zone designations in
the zoning code;
(xii) Critical Areas. If the area is located in or adjacent to a
critical area, the effect of the rezone on the critical area
shall be considered.
POW 20.42.030.
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
Page 13 of 16
Page 56 of 102
Back to Agenda
The criteria for review adopted by the Port Orchard City Council are designed to implement the
requirement of Chapter 36.7013 RCW to enact the Growth Management Act. In particular, RCW
36.7013.040 mandates that local jurisdictions review proposed development to ensure consistency
with City development regulations, considering the type of land use, the level of development,
infrastructure, and the characteristics of development. RCW 36.70B.040.
Conclusions
1. The rezone would meet the general site -specific rezone provisions of POMC
20.42.030(1) and rezone criteria of POW 20.42.030(2)(a)-(e). The City provided
reasonable notice of the application and associated hearing. No comments from
reviewing government agencies were received in response to the City's notice materials.
The City received several comments from members of the public, which generally raised
concerns about mitigation for environmental impacts; displacement of wildlife, such as
deer, black bear, and birds; impacts to two on -site wetlands; loss of forests; impacts of
increased pollution; traffic; decreased carbon sequestration; water, air, and soil impacts
from combustion; and easement and access questions with the planned construction that
would be allowed with the rezone. City design standards applicable to building
appearance and landscape buffering would ensure that any future development on the
property would adequately protect the privacy of adjacent residential properties, and
compliance with these standards as well as any traffic impacts would be reviewed with
any future development permit application. The property was zoned Commercial by
Kitsap County, annexed into the city, and rezoned Commercial Mixed Use. The
Applicant has requested that the property be rezoned to IF to allow the construction of an
office building for administrative functions as the primary building/use on the site with
an accessory storage building behind it with a lean-to type roof off of one side to park
equipment such as a mini -excavator. Company vehicles could be parked on -site
overnight. The IF zone is consistent with the City's Comprehensive Plan Commercial
designation for this area, and City staff identified several Comprehensive Plan goals and
policies that would be furthered by the rezone, including ensuring that land use and
development regulations enable a supply of commercial retail and office space within the
city. The proposed rezone would be consistent with the characteristics of the area as a
transitional zone and would bear a substantial benefit to the public's welfare. Findings 1-
16.
2. The rezone would meet the rezone criteria of POMC 20.42.030(2)(f)-(h). The
rectangular property has an access easement to Sedgwick Road. Site improvements that
would be required with future development of the property would ensure adequate
buffering to residential properties through required zoning setbacks, landscaping
requirements, and building design standards. The proposed rezone is limited to the
property's existing parcel boundaries and would not create a parcel split by zoning
designations. Findings I — S, 10, 11, and 16.
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
Page 14 of 16
Page 57 of 102
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3. The rezone would meet the rezone criteria of POMC 20.42.030(2)(i). The proposed
rezone would not have an impact on housing. Rather, it would allow rezone from CMU
to IF within a Comprehensive Plan Commercial designation, allowing commercial uses
that would increase available commerce in the city. Allowed uses in the proposed rezone
would create additional demands on public services and facilities. The City determined
that the Applicant would be required to apply for a Capacity Reservation Certificate as
part of any future land use permit application. The proposal would be required to make
pedestrian connections from the development to existing pedestrian facilities.
Manufacturing activity is not applicable to the proposal. The site -specific rezone would
not impact employment intensity that would have been allowed under the CMU zone.
The property is not a registered historic place. Shoreline view, public access, and
recreation are not applicable to the proposal. There would not be significant impacts to
the service capacities of the City of Port Orchard or South Kitsap Fire and Rescue. Any
future development would be analyzed for its impacts to service capacities. The site -
specific rezone would limit the intensity of commercial capacity of the site and would
allow moderate industrial activities (such as outdoor storage). The Industrial Flex zone
does not allow higher intensity building types such as apartments and townhomes. There
are no changed circumstances on the site caused by the property owner.
The City reviewed the proposal's environmental impacts and issued a Determination of
Nonsignificance (DNS). The DNS was not appealed. Two wetlands, Wetland A and
Wetland B, are located on the property, as well as a Type Ns stream. Wetland A is a
slope system that begins on -site near the south property line, slopes to the north and
continues off -site. Wetland B is also a sloping system that begins on -site along the
northern property line and continues off -site to the north. A Type Ns stream begins
within Wetland A and continues off -site to the northeast. Because approval of the site -
specific rezone does not authorize any development, the Applicant would be required to
provide a full critical areas assessment at the time of any permit application. Due to on -
site wetlands and a stream, the City determined that the IF zone would be a more
appropriate designation than CMU.
Because the City recently added additional zoning districts, including IF, which are
compatible with the Comprehensive Plan's Commercial designation, it is appropriate to
allow the rezone of the property from CMU to IF, without conditions. Findings 1, 2, 4
16.
RECOMMENDATION
Based on the above findings and conclusions, the Hearing Examiner recommends that the City
Council APPROVE the request for a site -specific rezone from Commercial Mixed Use (CMU)
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
Page 15 of 16
Page 58 of 102
Back to Agenda
to Industrial Flex (IF) for the 7.62-acre site located at an unaddressed tax parcel (No. 102301-4-
023-2001) near the intersection of Sedgwick/Glenwood Rd SW and Glenwood Rd SW.
RECOMMENDED this 22th day of September 2021.
Findings, Conclusions, and Recommendation
City of Port Orchard Hearing Examiner
Tucalupesi Rezone, No. LU21-REZONE-01
Page 16 of 16
LEE RAAEN
Hearing Examiner
Sound Law Center
Page 59 of 102
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CITY OF PORT ORCHARD
2021 ZONING MAP
Lm
Urban Growth Area
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E
Page 60 of 102
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 7D
Subject: Adoption of an Ordinance Repealing Port
Orchard Municipal Code Chapter 6.20
Regulating Single -Use Plastic Bags Due to
Washington State Preemption
Back to Agenda
Meeting Date: September 28, 2021
Prepared by: Charlotte Archer
City Attorney
Atty Routing No.: 366922.0005 — Clerk
Atty Review Date: N/A
Summary: In 2019 the Washington state legislature enacted Engrossed Substitute Senate Bill 5323, which
prohibits retail establishments from providing single -use plastic bags to customers in certain circumstances
beginning January 1, 2021. Also in 2019, the City enacted Ordinance 033-19, regulating the use of single -use
plastic carryout bags by retail establishments in the City. Those regulations were codified at Port Orchard
Municipal Code (POMC) Chapter 6.20.
Upon the effective date of ESSB 5323, the state's regulations — codified at Chapter 70A.530 RCW — preempt
the City's regulations on this topic. On March 24, 2020, the Mayor issued a Proclamation of Local Emergency
and Emergency Order temporarily suspending the enforcement of Port Orchard Municipal Code (POMC)
Chapter 6.20 due to the COVID-19 pandemic to reduce the spread of the disease through the use of reusable
bags from home, and by allowing retail stores to use disposable single -use bags. That Proclamation was
ratified by the City Council and remained in place until the effective date of ESSB 5323.
By this Ordinance the City Council will repeal POMC Chapter 6.20, due to the state's preemption in this arena.
Recommendation: Staff recommends adoption of this Ordinance to effectuate the repeal of POMC Chapter
6.20.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to adopt an Ordinance repealing Port Orchard Municipal Code Chapter
6.20 prohibiting single -use plastic bags due to state preemption."
Fiscal Impact: None
Alternatives: N/A
Attachments: Ordinance.
Page 61 of 102
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO SINGLE -USE PLASTIC CARRYOUT BAGS; REPEALING
CHAPTER 6.20 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, in 2019 the City Council adopted Ordinance 033-19, establishing regulations
limiting the use of single -use plastic carryout bags by retail establishments in the City; and
WHEREAS, on March 24, 2020, the Mayor issued a Proclamation and Emergency Rule
establishing a temporary suspension of Chapter 6.20 of the Port Orchard Municipal Code due
to the COVID-19 public health emergency, that Proclamation was extended by the Mayor and
ratified by the City Council; and
WHEREAS, in the 2020 legislative session the Washington State Legislature enacted
Engrossed Substitute Senate Bill 5323, codified as Chapter 70A.530 RCW, which implemented a
statewide ban on single use plastic bags, a fee for certain carryout paper bags and for reusable
carryout plastic bags of a certain thickness made of recycled content, and added criteria for
compostable and reusable bags; and
WHEREAS, RCW 70A.530.050(1) provides that, "any carryout bag ordinance that was
enacted as of April 1, 2020, is preempted by this chapter"; and
WHEREAS, Chapter 70A.530 RCW was effective January 1, 2021 and preempts POMC
Chapter 6.20; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Repealer. Chapter 6.20 POMC is hereby repealed in its entirety.
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 of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
Page 62 of 102
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Page 2 of 2
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 28t" day of September 2021.
ATTEST:
Robert Putaansuu, Mayor
SPONSOR:
Brandy Rinearson, MMC, City Clerk John Clauson, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 63 of 102
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dw
` City of Port Orchard
., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Item No.: Business Item 7E
Agenda Staff Report
Subject: Adoption of a Resolution Fixing the Date
Meeting Date: September 28, 2021
Prepared by: Brandy Rinearson, MMC
of a Public Hearing on a Petition to
Vacate City Right -of -Way, the Southern Atty Routing No.
Portion of unopened Harrison Avenue Atty Review Date
City Clerk
366922.0005 — Clerk
September 20, 2021
Summary: Petitioners Noel Larsen and Dena Larsen, owners of 821 Dekalb Street, Kitsap County Tax
Parcel No. 4053-007-010-001, submitted a petition to vacate City right-of-way (ROW). The ROW is an
unopened portion of Harrison Avenue, is directly adjacent to the Petitioners' parcel to the east, and is
approximately 7,854 square feet in total area. The Petitioners are joined in their petition by Kymberly
Phillips, the owner of 905 Dekalb Street, Kitsap County Tax Parcel No. 4053-008-015-0004, the parcel
directly east of the portion of unopened Harrison Avenue proposed for vacation.
The Clerk received a complete application conforming with the requirements of Port Orchard Municipal
Code chapter 12.08, including Section 12.08.010. This item went before the Land Use Committee at its
August 4, 2021 meeting. The Public Works Director supports the vacation, as the City has no current or
future plans to open this portion of Harrison Avenue. The Land Use Committee recommends approval of
the vacation.
Chapter 35.79 RCW requires the City to adopt a resolution setting the date and time of a Public Hearing
to hear and determine the petition to vacate the City's right-of-way. Staff is seeking direction from the
Council as to when they want to hold a public hearing to vacate the proposed City right-of-way. The
proposed Resolution would set the hearing via zoom and telephone for October 26, 2021, which is at
least 20 days from the date of this Resolution if adopted on September 26, 2021.
Upon adoption of this resolution, staff will post proper notices of the date and time of the hearing and
provide notice to adjacent property owners.
Recommendation: Staff recommends the Council adopt a Resolution setting the date and time of
hearing on the petition to vacate a portion of the City's right-of-way, Harrison Avenue as described
above. The hearing is to be held on Tuesday, October 26, 2021, at the regular Council meeting held at
6:30 PM and directing the proper posting of notices of the hearing.
Relationship to Comprehensive Plan: N/A
Page 64 of 102
Back to Agenda tem 7E
Page 2 of 2
Motion for consideration: I move to adopt a Resolution setting a Public Hearing for October 26, 2021, at
6:30 PM, on a petition from Noel Larsen and Dena Larsen to vacate a portion of unopened right-of-way,
Harrison Avenue.
Fiscal Impact: TBD, upon approval of the Council a property appraisal may be needed.
Alternatives: Do not pass the Resolution and reject the Petition.
Attachments: Resolution, Street Vacation Petition with adjacent property owners' signatures, new
legal description, and estimated value of the vacated property.
Page 65 of 102
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF
HARRISON AVENUE, UNOPENED CITY RIGHT-OF-WAY LOCATED AT
INTERSECTION OF HARRISON AVENUE AND DEKALB STREET.
WHEREAS, the petitioners, Noel and Dena Larsen, submitted a petition to vacate a
portion of unopened City right-of-way, a portion of Harrison Avenue between Dekalb Street
and Kitsap Street; and
WHEREAS, the petitioners own the parcel at 821 Deklab Street, Kitsap County Tax Parcel
No. 4053-007-010-001, located directly to the west of the proposed portion of unopened right-
of-way proposed for vacation, and are joined by the owner of the parcel at 905 Dekalb Street,
Kitsap County Tax Parcel No. 4053-008-015-0004, located directly to the east of the portion of
unopened right-of-way; and
WHEREAS, the petitioners have submitted an application, copy attached hereto as
Exhibit A and incorporated herein by this reference, which meets the requirements set out in
Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by
the City; and
WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the
property abutting the area proposed for vacation pursuant to RCW 35.79.010; and
WHEREAS, the petitioners have requested that proceedings be had hereon for the
vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and
WHEREAS, the proposed area for vacation is approximately 7,854 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
BEGINNING AT the southeast corner of Lot 10, Block 7, Plat of First
Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap
County, Washington; Thence East to the southwest corner of Lot
16 of Block 8 of said plat; Thence north to the northwest corner of
Lot 15 of Block 8 of said plat, Thence West to the northeast corner
of Lot 6 of Block 7 of said plat; Thence South to the Point of
Beginning.
WHEREAS, the street vacation is requested to reflect existing structures in the
unopened right of way, including fencing, and so that the petitioners will maintain this
greenbelt as private property; now, therefore,
Page 66 of 102
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Page 2 of 2
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: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, October 26, 2021, at 6:30 p.m., at which
hearing all persons interested in said street vacation are invited to appear telephonically
or via the zoom platform. Access information including the telephone number and zoom
information shall be included in the notices required herein.
THAT: The City Clerk is directed to post notice of the petition in three of the most public
places in the city and a like notice in a conspicuous place on the street sought to be
vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's
website.
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 City Clerk in authentication of such passage on this 28th day of September 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 67 of 102
Back to Agenda
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
"lY (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchar4L5* M`
www.cityofportorchard.us
4tqo
JUL
9 2,,011
PETITION TO VACATE CITY RIGHT-OFbkhlCk k
APPLICATION RKS D,PF,&E D
(POMC 12.08 / Resolution No. 030-17)
Property Owner's Name(s): Noel and Dena Larsen
Mailing Address: 821 Dekalb St, Port Orchard, WA 98_366
Street City State Zip
Contact Information:360-731-2119 noel.larsen@ mail.com
Phone Email
Address of Requested Vacation: Harrison Ave and Dekalb St
Street or nearest cross street
Parcel Number of Requested Vacation: Unopened Right of Way between parcels 4053-007-010-0001 and
4053-008-015-0004
1. The undersigned, owners of more than two-thirds of the real property abutting upon that
public street described below, do hereby petition the City of Port Orchard to vacate said
street/alley, described as follows (you may attach a separate sheet containing the legal
description):
Legal description of the requested right-of-way prepared by a licensed surveyor:
See Attached N 7 4 Vie Tl c,�-A --#-- f
all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that
said City Council by Resolution fix a time and place when this petition shall be heard and
determined by that authority, which time shall not be more than sixty (60) days nor less than
twenty (20) days after passage of such Resolution (RCW 35.79.010)
2. What is the proposed use of the vacated right-of-way: Vacated rigid -of -way to be split 50/50
by adjacent homeowners and incorporated into and maintained as side yards of existing homes.
Revised 117119
Page 1 of 3
Street Vacation Application
Page 68 of 102
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3. Please provide a map of the proposed right-of-way area to be vacated with the
following information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate total square footage of the area to be vacated
I declare under penalty of perjury and the laws of the State of Washington that I/We are the
true and correct owner(s) of the property seeking a street vacation.
The information on this form is considered a public record and is subject to
public disclosure laws in Chapter 42.56 RCW.
Signature of Applicant
Signature of Applicant
Date
Date
When submitting this application, please make sure the following requirements and
documents are completed:
• Neighboring petition signed by the owners of more than two-thirds of the property abutting
upon the part of such street or alley sought to be vacated;
• New legal description to include the requested right-of-way;
a Documentation supporting the fair market value of the street or alley sought to be vacated, if
applicable;
• Documentation supporting the Non -User Statue applies, if applicable
• Dimensions of area proposed to be vacated;
• Map of the proposed right-of-way to be vacated outlined or highlighted;
• Application processing fee of $120; and
• $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
FOR CITY CLERK'S OFFICE USE ONLY
$120 Street Vacation Fee Received Yes _ No Receipt No.:
$500 Street Vacation Appraisal Fee (Refundable Deposit) _Yes _ No Receipt No.:,
Petitions Received from Adjacent Property Owners Yes _ No
Public Hearing Date:
Notices Posted by:
Approved by the Council
Revised 117119
Date of Noticing:
Yes No
Page 2 of 3
Street Vacation Application
Page 69 of 102
Back to Agenda
Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW
Between Dekalb Street and Kitsap Street
Summary:
For this Petition to Vacate the public right-of-way, unimproved and unopened Harrison Ave,
between Kitsap Way and Dekalb St, it is our understanding that we, the abutting property
owners, Noel and Dena Larsen, Kymberly Phillips, Dana Harmon and John Phillips and Geraldine
Harmon, own the fee title to the centerline of the public right-of-way. It is also our
understanding that the fee title is encumbered by the City of Port Orchard with an easement
for a public right-of-way.
We believe this public right-of-way was established around 1888 under the original platting. It
appears that in the time since it was established the right-of-way has remained unopened and
unimproved.
Additionally, in the next block to the north, the Harrison Ave right-of-way between Bay St and
Kitsap Way has already been vacated by the City of Port Orchard thus isolating this public right-
of-way to between Dekalb St and Kitsap Way.
We believe the City of Port Orchard has no current or future need of or plans for this public
right-of-way.
It is our understanding of the law that, as unimproved and unopened public right-of-way, we
can currently use the right-of-way as we can the rest of our property, subject to the possibility
of it being opened and improved at some point in the future.
Given that we, the owners of the abutting properties already hold fee title to the areas to be
vacated, we ask the city to unencumber the fee title held by us in these properties by removing
the public right-of-way easement associated with our properties, to extinguish the public
easement allowing us to regain unencumbered title to the property and we ask the city to do so
for a nominal amount, we propose a total of $4000 (four thousand dollars).
Page 70 of 102
Back to Agenda
City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us
www.cityofportorchard.us
STREET VACATION
PETITION TO NEIGHBORING PROPERTY OWNERS
The Information on this form is considered a public record and is subject to
public disclosure laws In Chapter 42.56 RCW.
Property Owner Seeking Vacation (Petitioner): Noel and Dena Larsen
First and Last Name
Contact Information: 360-731-2119 go?,Lligrsen@Qmaii.com
Phone Email
Street or Nearest Cross Street of Requested Vacation: Harrison Ave and Dekalb St
Parcel Number of Requested Vacation: Unopened Right of Way
Signatures of neighboring property owners (Note: all persons who have an ownership interest must sign
the petition. This includes co-owner(s) and/or spouse.
Kymberly Phillips
Home Owner-D oL. 1-First and Last Name (printed)
(Signature)
Home Owner No. 2-First and Last Name (printed)
(Signature)
905 Dekalb St, Port Orchard, WA 98366
Property Address
4053-008-015-0004
Tax Parcel Number
Mailing Address: 905 Dekalb St Port Orchard WA 98366
Street City State Zip
Contact Information: 253-678-2739 kymberlyp67@yahoo.com
Phone Email
Revised 117119
Page 3 of 3
Street Vacation Application
Page 71 of 102
Back to Agenda
Road vacation #1
BEGINNING AT the southeast corner of Lot 10, Block 7, Plat of First Addition to Sidney recorded
in Book 1, at Page 10 of Plats, Kitsap County, Washington;
Thence East to the southwest corner of Lot 16 of Block 8 of said plat;
Thence north to the northwest corner of Lot 15 of Block 8 of said plat;
Thence West to the northeast corner of Lot 6 of Block 7 of said plat;
Thence South to the Point of Beginning.
Road vacation #2
BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First Addition to Sidney recorded
in Book 1, at Page 10 of Plats, Kitsap County, Washington;
Thence East to the southwest corner of Lot 1 of Block 8 of said plat;
Thence north to the northwest corner of Lot 2 of Block 8 of said plat;
Thence West to the northeast corner of Lot 5 of Block 7 of said plat;
Thence South to the Point of Beginning.
1� �roi �iJ
5/5/21
Page 72 of 102
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TAX PARCEL NO. 0 906 Kitsop St
4053-007-005-0008 RIGHT OF WAY o Port Orchard, WA 98366 jI
.17 acre (approx. 7,405 sq ft) .18 acre (approx. 7,920 sq ft) TAX PARCEL NO. 4053-008-001-0000
0.24 acre (approx. 10,454 sq ft)
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TAX PARCEL NO. 4053-007-010-0001 - 18 acre (approx. 7. 854 sq ft) of Port Orchard, WA 98366
0TAX PARCEL NO. 4053-008-015-0004
.29 acre (approx 12,632 sq ft)
I I 0.24 acre (approx. 10,454 sq ft) {
DEKALB ST
z
Q�yge 74 of 102
Q
Back to Agenda
r.
pL9 TOVINE R�+1L
BROKERS PRICE OPINION
.RE: Vacating Harrison Ave.
Kitsap St. to DeKalb Street
Port Orchard, WA.
Subject Properties: Noel Larsen & Dena
851 Dekalb St.
Phillips Kymberly A.
905 Dekalb St.
Back to Agenda
October 29, 2021
Phillip & Dana Harmon
824 Kitsap St.
Geraldine R. Harmon
906 Kitsap St.
Criteria: Specific analysis and value attrition is given to the current community need and/or
municipal use or development of the ROW property since November, 1888. Similar size
property(ies) pending and/or closed sales over the previous 12-month period within a 2-mile radius
of subject property that are inside the city limits of Port Orchard. There are only 3 properties that
meet this criterion.
ADDRESS
PRICE CDOM
SERVICES
SF PRICE
Pending Feasibility
1667 SE Crawford Rd
$67,000 245
No Sewer
$13.98
Sold:
3752 SE Rhapsody Dr
$65,000 1
No sewer
$ 6.34
0000 Dekalb
$91,500 69
Full Service
$12.20
Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the city
has never been inclined to use or develop the property as a public right of way since the original
plat date of November, 1888. Additionally, Harrison Ave between Bay Street and Prospect Alley
and Prospect Alley to Kitsap St has previously been vacated.
The topography of the subject Harrison Ave. property, also, presents steep incline challenges
that preclude the right of way property being developed into a usable right of way.
Value: Primarily the deficiencies of the subject properties as use as right of way, the lack of
demand for development into a usable ROW and the City of Port Orchard's hesitancy to incur the
cost to develop a less than needed ROW supports a value of $4,000 for vacating and transferring
ownership of the Harrison Ave. right of way from Kitsap St. to DeKalb St. to the listed owners,
above.
Respectfully Submitted,
Donn Hughes
Designated Broker / Principal
Page 1 of 1
Page 75 of 102
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Vacant Land Thumbnail
-
1667 SE Crawford Rd, Part Orchard, WA 98366
MLS#:
1617505 Status: PF
Stat Dt:
02/27/2021 L Price:
$67 000
Area:
143 Lot #:
O Price.
$67,000
Lot Size:
.110 ac/4,792 sf
Pr/Lot SF:
$13.98 CDOM:
245
Sub Prop:
Vacant Land
Office:
Century 21 Northwest
Style:
40 - Res -Less thn 1 Ac
Broker:
Carrie Leinum
Commty:
South Kitsap
Lot Dtls:
Dead End Street, Paved Street
Recent:
02/27/2021 : Pending : A->PF
x
3752 SE Rhapsody Dr, Port Orchard,
WA 98366 S Price:
$69,000
MLS#:
1635442 Status: S
Stat Dt:
09/22/2020 L Price:
$65,000
Area:
143 Lot #: 21
0 Price:
$65,060
Lot Size:
.250 ac/10,890 sf
Pr/Lot SF:
$6.34 CDOM:
1
Sub Prop:
Vacant Land
office;
John 4. Scott, Inc.
Style:
40 - Res -Less thn 1 Ac
Broker:
Deborah Bonneville
Commty:
Port Orchard
Project:
Melody Village
Zone Class:
Residential
Lot bus.
Cul-de-sac, Paved Street
DeKalb St, Port Orchard, WA 98366
S Price:
$89,000
n "•'-=r;` ``'
MLS#:
1551422 Status: S
Stat Dt:
06/09/2020 L Price:
$91,930
Area:
143 Lot #:
O Price:
$91,950
Lot Size:
.160 ac/6,970 sf
Pr/Lot SF:
$12.20 CDOM:
69
Sub Prop:
Vacant Land
Office:
G Anderson Group LLC
style:
40 - Res -Less thn 1 Ac
Broker:
Gary Anderson
Comrnty:
Port Orchard
Zone Class:
Business, Multi -Family, Residential
Lot Dtls:
Alley, Paved Street
Information Deemed Reliable But Cannot Be Guaranteed. Lot Size and Square Footage Are Estimates. 3/12/2021 3:37:56 PM.
Page 76 of 102
General
Parcel #: 4053-007-010-
821 DEKALB ST
PORT ORCHARD, WA 9836E
Taxpayer Name LARSEN NOEL & DENA JTROWS
Mailing Address 821 DEKALB ST
PORT ORCHARD, WA 98366
Parcel No. 4053-007-010-0001
Account ID 1508423
Site Address 821 DEKALB ST
PORT ORCHARD, WA 98366
Status Active
Property Class 111 - Single family residence
Page 77 of 102
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General
Parcel #: 4053-008-015-0004
905 DEKALB ST
PORT ORCHARD, WA 98366
Taxpayer Name
PHILLIPS KYMBERLY A
Mailing Address
905 DEKALB ST
PORT ORCHARD, WA 98366
Parcel No.
4053-008-015-0004
Accountil)
1508563
Site Address
905 DEKALB ST
PORT ORCHARD, WA 98366
Status
Active
Property Class
111 - Single family residence
Page 78 of 102
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dw
` City of Port Orchard
., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Item No.: Business Item 7F
Agenda Staff Report
Subject: Adoption of a Resolution Fixing the Date
Meeting Date: September 28, 2021
Prepared by: Brandy Rinearson, MMC
of a Public Hearing on a Petition to
Vacate City Right -of -Way, the Northern Atty Routing No.
Portion of Unopened Harrison Avenue Atty Review Date
City Clerk
366922.0005 — Clerk
September 20, 2021
Summary: Petitioners Dana Harmon and John Phillips, owners of 824 Kitsap Street, Kitsap County Tax
Parcel No. 4053-007-005-008, submitted a petition to vacate City right-of-way (ROW). The ROW is an
unopened portion of Harrison Avenue, is directly adjacent to the Petitioners' parcel to the east, and is
approximately 7,920 square feet in total area. The Petitioners are joined in their petition by Geraldine
Harmon, the owner of 906 Kitsap Street, Kitsap County Tax Parcel No. 4053-008-001-0000, the parcel
directly east of the portion of unopened Harrison Avenue proposed for vacation.
The Clerk received a complete application conforming with the requirements of Port Orchard Municipal
Code chapter 12.08, including Section 12.08.010. This item went before the Land Use Committee at its
August 4, 2021 meeting. The Public Works Director supports the vacation, as the City has no current or
future plans to open this portion of Harrison Avenue. The Land Use Committee recommends approval of
the vacation.
Chapter 35.79 RCW requires the City to adopt a resolution setting the date and time of a Public Hearing
to hear and determine the petition to vacate the City's right-of-way. Staff is seeking direction from the
Council as to when they want to hold a public hearing to vacate the proposed City right-of-way. The
proposed Resolution would set the hearing via zoom and telephone for October 26, 2021, which is at
least 20 days from the date of this Resolution if adopted on September 26, 2021.
Upon adoption of this resolution, staff will post proper notices of the date and time of the hearing and
provide notice to adjacent property owners.
Recommendation: Staff recommends the Council adopt a Resolution setting the date and time of
hearing on the petition to vacate a portion of the City's right-of-way, Harrison Avenue as described
above. The hearing is to be held on Tuesday, October 26, 2021, at the regular Council meeting held at
6:30 PM and directing the proper posting of notices of the hearing.
Relationship to Comprehensive Plan: N/A
Page 79 of 102
Back to Agenda tem 7F
Page 2 of 2
Motion for consideration: I move to adopt a Resolution setting a Public Hearing for October 26, 2021, at
6:30 PM, on a petition from Dana Harmon and John Phillips to vacate a portion of unopened right-of-
way, Harrison Avenue.
Fiscal Impact: TBD, upon approval of the Council a property appraisal may be needed.
Alternatives: Do not pass the Resolution and reject the Petition.
Attachments: Resolution, Street Vacation Petition with adjacent property owners' signatures, new
legal description, and estimated value of the vacated property.
Page 80 of 102
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE
DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF
HARRISON AVENUE, UNOPENED CITY RIGHT-OF-WAY LOCATED AT
INTERSECTION OF HARRISON AVENUE AND KITSAP STREET.
WHEREAS, the petitioners, Dana Harmon and John Phillips, submitted a petition to
vacate a portion of unopened City right-of-way, a portion of Harrison Avenue between Dekalb
Street and Kitsap Street; and
WHEREAS, the petitioners own the parcel at 824 Kitsap Street, Kitsap County Tax Parcel
No. 4053-007-005-008, located directly to the west of the proposed portion of unopened right-
of-way proposed for vacation, and are joined by the owner of the parcel at 906 Kitsap Street,
Kitsap County Tax Parcel No. 4053-008-001-0000, located directly to the east of the portion of
unopened right-of-way; and
WHEREAS, the petitioners have submitted an application, copy attached hereto as
Exhibit A and incorporated herein by this reference, which meets the requirements set out in
Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by
the City; and
WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the
property abutting the area proposed for vacation pursuant to RCW 35.79.010; and
WHEREAS, the petitioners have requested that proceedings be had hereon for the
vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and
WHEREAS, the proposed area for vacation is approximately 7,920 square feet, legally
described as follows and depicted in the survey contained in Exhibit A hereto:
BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First
Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap
County, Washington; Thence East to the southwest corner of Lot 1
of Block 8 of said plat; Thence north to the northwest corner of Lot
2 of Block 8 of said plat; Thence West to the northeast corner of
Lot 5 of Block 7 of said plat; Thence South to the Point of
Beginning.
WHEREAS, the street vacation is requested so that the petitioners will maintain this
greenbelt as private property; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
Page 81 of 102
Back to Agenda
Page 2 of 2
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: A Public Hearing upon said proposed street vacation shall be held via the online
platform zoom and by telephone on Tuesday, October 26, 2021, at 6:30 p.m., at which
hearing all persons interested in said street vacation are invited to appear telephonically
or via the zoom platform. Access information including the telephone number and zoom
information shall be included in the notices required herein.
THAT: The City Clerk is directed to post notice of the petition in three of the most public
places in the city and a like notice in a conspicuous place on the street sought to be
vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's
website.
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 City Clerk in authentication of such passage on this 28t" day of September 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 82 of 102
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City of Port Orchard
City Clerk's Office
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us
www.cityofportorchard.us
4li ,i
PETITION TO VACATE CITY RIGHT-OF-WAt, 4#1!
APPLICATION C/7-y71)21
(POMC 12.08 / Resolution No. 030-17) C17 ,� ��RrQRC
ks C4Rp
Property Owner's Name(s): Dana Harmon and John Phillips
Mailing Address: 824 Kitsap St, Port Orchard, WA 98366
Street City State Zip
Contact Information:
Phone Email
Address of Requested Vacation: Kitsap St
Street or nearest cross street
Parcel Number of Requested Vacation: —Unopened Ri ht of Wa between parcels 4053-007-005-0008 and
4053-008-001-0000
1. The undersigned, owners of more than two-thirds of the real property abutting upon that
public street described below, do hereby petition the City of Port Orchard to vacate said
street/alley, described as follows (you may attach a separate sheet containing the legal
description):
Legal description of the requested right -of --way prepared by a licensed surveyor:
See Attached
all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that
said City Council by Resolution fix a time and place when this petition shall be heard and
determined by that authority, which time shall not be more than sixty (60) days nor less than
twenty (20) days after passage of such Resolution (RCW 35.79.010)
2. What is the proposed use of the vacated right-of-way: Vacated right-of-way to be split 50150
by adjacent homeowners and incorporated into and maintained as side yards of existing homes.
Revised 117119
Page 1 of 3
Street Vacation Application
Page 83 of 102
Back to Agenda
3. Please provide a map of the proposed right-of-way area to be vacated with the
following information:
a. Approximate width of the area to be vacated
b. Approximate length of the area to be vacated
c. Approximate total square footage of the area to be vacated
I declare under penalty of perjury and the laws of the State of Washington that I/We are the
true and correct owner(s) of the property seeking a street vacation.
The information on this form is considered a public record and is subject to
public disclosure laws in Chapter 42.56 RCW.
of Applicant
Signature of Applicant
15 -2L $ n
Date
Z: /C
Date
When submitting this application, please make sure the following requirements and
documents are completed.
• Neighboring petition signed by the owners of more than two-thirds of the property abutting
upon the part of such street or alley sought to be vacated;
• New legal description to include the requested right-of-way;
• Documentation supporting the fair market value of the street or alley sought to be vacated, if
applicable;
• Documentation supporting the Non -User Statue applies, if applicable
• Dimensions of area proposed to be vacated;
• Map of the proposed right-of-way to be vacated outlined or highlighted;
■ Application processing fee of $120; and
• $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon
Council approval).
FOR CITY CLERK'S OFFICE USE ONLY
$120 Street Vacation Fee Received __Yes _ No Receipt No.:
$500 Street Vacation Appraisal Fee (Refundable Deposit) _Yes _ No Receipt No.:,
Petitions Received from Adjacent Property Owners _Yes _ No
Public Hearing Date:
Notices Posted by:
Date of Noticing:
Approved by the Council Yes No
Revised 117119
Page 2 of 3
Street Vacation Application
Page 84 of 102
Back to Agenda
..,
City of Port Orchard
_.A_- �° City Clerk's Office
. 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us
www.cityofportorchard.us
STREET VACATION
PETITION TO NEIGHBORING PROPERTY OWNERS
The Information on this form is considered a public record and is subject to
public disclosure laws in Chapter 42.56 RCW.
Property Owner Seeking Vacation (Petitioner): Dana Harmon and John Phillips
First and Last Name
Contact Information: 360 473 8614
Phone Email
Street or Nearest Cross Street of Requested Vacation: Kitsap St
Parcel Number of Requested Vacation: Unopened Right of WaV
Signatures of neighboring property owners (Note: all persons who have an ownership interest must_siig
the petition. This includes co-owner(s) and/or spouse.
Geraldine Harmon
Home Owner No. 1-First and Last Name (printed)
(Signature)
Home Owner No. 2-First and Last Name (printed)
(Signature)
906 Kitsap St, Port Orchard, WA 98366
Property Address
4053-008-001-0000
Tax Parcel Number
Mailing Address: 906 Kitsap St Port Orchard WA 98366
Street City State Zip
Contact Information: 360-473-8613
Phone Email
Revised 117119
Page 3 of 3
Street Vacation Application
Page 85 of 102
Back to Agenda
Road vacation #1
BEGINNING AT the southeast corner of Lot 10, Block 7, Plat of First Addition to Sidney recorded
in Book 1, at Page 10 of Plats, Kitsap County, Washington;
Thence East to the southwest corner of Lot 16 of Block 8 of said plat;
Thence north to the northwest corner of Lot 15 of Block 8 of said plat;
Thence West to the northeast corner of Lot 6 of Block 7 of said plat;
Thence South to the Point of Beginning.
Road vacation #2
BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First Addition to Sidney recorded
in Book 1, at Page 10 of Plats, Kitsap County, Washington;
Thence East to the southwest corner of Lot 1 of Block 8 of said plat;
Thence north to the northwest corner of Lot 2 of Block 8 of said plat;
Thence West to the northeast corner of Lot 5 of Block 7 of said plat;
Thence South to the Point of Beginning.
j i'� .. i ••,j
5/5/21
Page 86 of 102
Back to Agenda '
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Page 87 of 102 .
Back to Agenda
alw,
OLD TQWNr REALTY
BROKERS PRICE OPINION
RE: Vacating Harrison Ave.
Kitsap St. to DeKalb Street
Port Orchard, WA.
Subject Properties: Noel Larsen & Dena
851 Dekalb St.
Phillips Kymberly A.
905 Dekalb St.
October 29, 2021
Phillip & Dana Harmon
824 Kitsap St.
Geraldine R. Harmon
906 Kitsap St.
Criteria: Specific analysis and value attrition is given to the current community need and/or
municipal use or development of the ROW property since November, 1888. Similar size
property(ies) pending and/or closed sales over the previous 12-month period within a 2-mile radius
of subject property that are inside the city limits of Port Orchard. There are only 3 properties that
meet this criterion.
.ADDRESS
PRICE
CDOM
SERVICES
SF PRICE
Pending] Feasibility
1667 SE Crawford Rd
$67,000
245
No Sewer
$13.98
Sold:
3752 SE Rhapsody Dr
$65,000
1
No sewer
$ 6.34
0000 Dekalb
$91,500
69
Full Service
$12.20
Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the city
has never been inclined to use or develop the property as a public right of way since the original
plat date of November, 1888. Additionally, Harrison Ave between Bay Street and Prospect Alley
and Prospect Alley to Kitsap St has previously been vacated.
The topography of the subject Harrison Ave. property, also, presents steep incline challenges
that preclude the right of way property being developed into a usable right of way.
Value: Primarily the deficiencies of the subject properties as use as right of way, the lack of
demand for development into a usable ROW and the City of Port Orchard's hesitancy to incur the
cost to develop a less than needed ROW supports a value of $4,000 for vacating and transferring
ownership of the Harrison Ave. right of way from Kitsap St. to DeKalb St. to the listed owners,
above.
Respectfully Submitted,
Donn Hughes
Designated Broker / Principal
Page 1 of 1
Page 88 of 102
Back to Agenda
Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW
Between Dekalb Street and Kitsap Street
Summary:
For this Petition to Vacate the public right-of-way, unimproved and unopened Harrison Ave,
between Kitsap Way and Dekalb St, it is our understanding that we, the abutting property
owners, Noel and Dena Larsen, Kymberly Phillips, Dana Harmon and John Phillips and Geraldine
Harmon, own the fee title to the centerline of the public right-of-way. It is also our
understanding that the fee title is encumbered by the City of Port Orchard with an easement
for a public right-of-way.
We believe this public right-of-way was established around 1888 under the original platting. It
appears that in the time since it was established the right-of-way has remained unopened and
unimproved.
Additionally, in the next block to the north, the Harrison Ave right-of-way between Bay St and
Kitsap Way has already been vacated by the City of Port Orchard thus isolating this public right-
of-way to between Dekalb St and Kitsap Way.
We believe the City of Port Orchard has no current or future need of or plans for this public
right-of-way.
It is our understanding of the law that, as unimproved and unopened public right-of-way, we
can currently use the right-of-way as we can the rest of our property, subject to the possibility
of it being opened and improved at some point in the future.
Given that we, the owners of the abutting properties already hold fee title to the areas to be
vacated, we ask the city to unencumber the fee title held by us in these properties by removing
the public right-of-way easement associated with our properties, to extinguish the public
easement allowing us to regain unencumbered title to the property and we ask the city to do so
for a nominal amount, we propose a total of $4000 (four thousand dollars).
Page 89 of 102
Back to Agenda
Vacant Land Thumbnail
"
1667 SE Crawford Rd, Port Orchard, WA 98366
MLS#: 1617505 Status: PF Stat Dt: 02/27/2021
L Price:
$67,000
Area:
143 Lot #:
O Price:
$67,000
Lot Size:
.110 ac/4,792 sf
Pr/Lot SF:
$13.98 CDOM:
245
Sub Prop:
Vacant Land
Office:
Century 21 Northwest
Style:
40 - Res -Less thn 1 Ac
Broker:
Carrie Leinum
-
Commty:
South Kitsap
Lot Dtls:
Dead End Street, Paved Street
Recent:
02/27/2021 : Pending : A->PF
3752 SE Rhapsody Dr, Port Orchard,
WA 98366 S Price:
$69,000
r
MLS#:
1635442 Status: S
Stat Dt:
09/22/2020 L Price:
$65,000
Area:
143 Lot #: 21
0 Price:
$65,000
Lot Size:
.250 ac/10,890 sf
Pr/Lot SF:
$6.34 CDOM:
1
Sub Prop:
Vacant Land
Office:
John L. Scott, Inc.
Style:
40 - Res -Less thn 1 Ac
Broker:
Deborah Bonneville
Commty:
Port Orchard
Project:
Melody Village
Zone Class:
Residential
Lot Dtls:
Cul-de-sac, Paved Street
DeKalb St, Port Orchard, WA 98366
S Price:
$85,000
MLS#:
1551422 Status: S
Stat Dt:
06/09/2020 L Price:
$91,950
Area:
143 Lot #:
O Price:
$91,950
Lot Size:
.160 ac/6,970 sf
Pr/Lot SF:
$12.20 CDOM:
69
Sub Prop:
Vacant Land
Office:
G Anderson Group LLC
Style:
40 - Res -Less thn 1 Ac
Broker:
Gary Anderson
Commty:
Port Orchard
Zone Class:
Business, Multi -Family, Residential
Lot Dtls:
Alley, Paved Street
Information Deemed Reliable But Cannot Be Guaranteed. Lot Size and Square Footage Are Estimates. 3/12/2021 3:37:56 PM.
Page 90 of 102
KI TSAP WA7re::%TE2—�T
Back to Agenda
N
SITE PLAN
1 "=40"—O" %4j
824 Kitsop St
f[+II Port Orchard, WA 98366
TAX PARCEL NO.
4053-007-005-0008
.17 acre (approx. 7.405 sq ft)
L_
66.00
I
I
C. 906 Kitsop St
RIGHT OF WAY o Port Orchard, WA 98366
.18 ocre (approx. 7,920 sq ft) N TAX PARCEL NO. 4053-008-001-0000 r
0.24 acre (approx. 10,454 sq ft)
I
I �
—
ALLEY — 66.00 ALLEY
i
f
821 Dekalb St 1 I
Port Orchard, WA 98366 RIGHT OF WAY o 905 Dekalb St
TAX PARCEL NO. 4053-007-010-0001 18 acre (approx. 7,554 sq ft) Port Orchard, WA 98366
0.29 acre (approx. 12,632 sq ft) I
TAX PARCEL NO. 4010, 454 q ft) 004
0.24 acre (approx. 10, 454 sq ft)
jI' I
I
I '
DEKALB ST
� Nge 91 of 102
Z Q
Back to Agenda
General
Parcel #: 4053-007-005-0008
824 KITSAP ST
PORT ORCHARD, WA 98366
Taxpayer Name PHILLIPS J & HARMON DANA D
Mailing Address 824 KITSAP ST
PORT ORCHARD, WA 98366
Parcel No. 4053-007-005-0008
Account ID 1508381
Site Address 824 KITSAP ST
PORT ORCHARD, WA 98366
Status Active
Property Class 111 - Single family residence
Page 92 of 102
General
Parcel #: 4053-008-001-0000
906 KITSAP ST
PORT ORCHARD, WA 98366
Taxpayer Name HARMON GERALDINE R
Mailing Address 906 KITSAP ST
PORT ORCHARD, WA 98366
Parcel No. 4053-008-001-0000
Account ID 1508431
Site Address 906 KITSAP ST
PORT ORCHARD, WA 98366
Status Active
Property Class 111 - Single family residence
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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
Business Item 7G Meeting Date:
Approval of Amendment No. 2 to Prepared by:
Contract No. 075-20 with Rice Fergus
Miller, Inc. for the 2020-2021 City Hall Atty Routing No.:
Improvement Project -Additional Design Atty Review Date:
Scope
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September28, 2021
Mark Dorsey, P.E.
Public Works Director
366922.0009 — PW
September 22, 2021
Summary: On October 13, 2020, the Port Orchard City Council approved Contract C075-20 with Rice
Fergus Miller, Inc. (RFM) for the 2020-2021 Schematic Design (30%) City Hall Improvement Project. On
March 9, 2021, the Port Orchard City Council authorized the Mayor to execute Amendment #1, the
authorization to move the Project to the 100% Ad Ready PS&E and Bid Support Phase. At the City's
request, RFM prepared/submitted additional design Scope and Budget associated with Amendment No.
2 as follows: PV Array at $17,500, Police Station Renovation at $$4,590, Court ADA Counters at $7,500
and Reception ADA Counters at $9,500.
Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 2 to Contract
No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project — Additional
Design Scope in an amount of $39,090.
Relationship to Comprehensive Plan: Chapter 9 — Capital Facilities.
Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Contract No.
C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project — Additional
Design Scope in an amount of $39,090.
Fiscal Impact: Funding provided within the current 2021-2022 Biennial Budget.
Alternatives: Do not approve.
Attachments: Amendment No. 2, RFM Proposal (dated 9/1/2021), COPO Amendment Authorization No.
2.
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Amendment No. 2 to Contract No. C075-20
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RICE FERGUS MILLER, INC.
THIS AMENDMENT to Contract No. C075-20 ("Amendment") is made effective as of the 28th day
of September, 2021, by and between the City of Port Orchard ("City), a municipal corporation, organized
under the laws of the State of Washington, and Rice Fergus Miller, Inc., a company organized under the laws
of the State of Washington, located and doing business at 275 Fifth Street, Bremerton, WA 98337
("Consultant").
WHEREAS, the City issued a Request for Qualifications Advertisement called for the 2020-2021
Ad Ready (100% PS&E) City Hall Improvement Project, including Schematic (30%), and Design
Development (60%) and selected the Consultant as the most qualified firm for this project; and
WHEREAS, on October 13, 2020, the City executed a Professional Services Agreement with the
Consultant, for the 2020-2021 Schematic Design (30%) City Hall Improvement Project ("Underlying
Agreement'); and
WHEREAS, on March 9, 2021, the City authorized Amendment No..J 2 for the 100% Ad Ready
PS&E and Bid Support Phase; and
WHEREAS, the parties now desire to expand the scope to include additional design work for the 1)
PV Array, 2) POPD Renovation, 3) Court Counter ADA and 4) Reception Counter ADA;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between
the parties thereto as follows:
1. The Underlying Agreement of October 13, 2020, between the parties, is amended in, but
only in, the following respect:
The professional services in connection with the Following Project shall now read as: "The 2020-
2021 City Hall Improvement Project — 30% to 100% Ad Ready PS&E and Bid Support."
Section LA. and Exhibit A are amended to include the work identified in the September 1, 2021
letter from Consultant to the City describing the additional design work necessary requested by the
City, a copy of which is attached hereto as Attachment I and incorporated herein by this reference.
Section 4. Compensation. LUMP SUM. Compensation for these additional services shall be for the
Lump Sum of $39,090.00, for a total contract price for all work of $540,266.00.
2. In all other respects, the Underlying Agreement between the parties shall remain in full force
and effect, amended as set forth herein, but only as set forth herein.
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IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD, RICE FERGUS MILLER, INC.
WASHINGTON
Robert Putaansuu, Mayor Signature
ATTEST/AUTHENTICATED:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Sharon Cates, City Attorney
Printed Name and Title
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RIC ergusMILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
Supplemental Services Agreement
Project: Port Orchard City Hall Improvements Owner:
Date of Original Agreement October 13, 2020 SSA No.: Amendment 02 — September 1, 2021
Project No:
2020013.00
In accordance with the Agreement referenced above, authorization is hereby given to:
® proceed with Additional Services
❑ proceed with revised scope of Basic Services
❑ incur Reimbursable Expenses
As follows:
Task 01: PV Array:
Per direction from The City of Port Orchard, the current 1,600 sf PV array design will be
quadrupling in scale to approximately 6,400 sf in size. Due to the increase in size, a site survey
was recommended in order to locate the required footings away from existing structures,
sidewalks, parking spaces and other site features and utilities. The following additional service
request includes the necessary survey scope to provide locations of the existing infrastructure,
civil work to plan out footing locations and utility runs, structural calculations and coordination for
footing design and canopy design, and coordination and documentation required by Rice Fergus
Miller to integrate this scope into the current plan set. Two to Three meetings are included in this
fee to plan out necessary pump house and chain link improvements for integration into the
project.
Task 02: Police Station Renovation
Provide demo plan, floor plan, finish plan and necessary details to cover the interior renovation of
the police station. Demolition includes a small section of pony walls that currently divides the
police station open office area along with the carpet in the immediate area. New pony with full
height glass partition above to be installed per sketch provided by Port Orchard Police
Department. Other scope items include structural details for pony wall support, revised LED
lighting layout to work with new wall locations, relocation of existing HVAC to function with new
wall locations and new finishes to be selected including new carpet if existing carpet is not
available for replacement.
Task 03: ADA Counters — Court:
Modify existing Clerk Reception Room 312 to accommodate (2) new sit/stand workstations with
one providing Accessible access to Lobby Area Room 307 and second replacing current access
to Count Sign -In Room 311. New window/glazing to be provided at workstation areas with
transaction openings in glazing. Necessary details and product specifications will be included in
the permit set along with material schedules and suggested modular furniture selections. Owner
to purchase furniture.
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Supplemental Services Agreement
City of Port Orchard - City Hall Improvements
August 30, 2021
Page 2 of 3
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Task 04: ADA Counters — Reception:
Modify existing Reception Room 218 to accommodate (2) new sit/stand workstations with one
providing Accessible access to Lobby Room 220 and second replacing current access to Lobby
Room 220. Relocate door 218 to provide staff access to remaining office spaces. New
window/glazing to be provided at workstation areas with transaction openings in glazing.
Necessary details and product specifications will be included in the permit set along with material
schedules and suggested modular furniture selections. Owner to purchase furniture.
Compensation shall be adjusted as follows: Fixed Fees
Task 01: PV Array:
RFM: $6,500
Civil $11,000 (Includes site survey and utility locates)
Structural $0.00 (Included in current fee)
Total: $17,500
Task 02: Police Station Renovation
RFM
$3,600
Structural
$ 990
M/P
$0.00 (included in current fee)
Elec
$0.00 (included in current fee)
Total:
$4,590
Task 03: ADA Counters — Court: $7,500.00
Task 04: ADA Counters — Reception: $9,500.00
Time for performance shall be adjusted as follows:
Not applicable.
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Supplemental Services Agreement
City of Port Orchard - City Hall Improvements
August 30, 2021
Page 3 of 3
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Upon execution, this Supplemental Services Agreement shall become a part of the original
Agreement referenced above, and supplemental services described above shall commence.
Submitted by:
By:
Printed Name: Steve Rice
Title: Principal
Date: September 1, 2021
Authorized by Owner:
By:
Printed Name:
Title:
Date:
END OF SUPPLEMENTAL SERVICES AGREEMENT
Page 99 of 102
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CITY OF PORT ORCHARD
Authorization for Amendment No. 2
Date: SEPTEMBER 28, 2021 Contractor: RICE FERGUS MILLER, INC.
2020-2021 CITY HALL
Project: IMPROVEMENTS 275 FIFTH STREET, SUITE 100
Contract / Job # C075-20
BREMERTON, WA 98337
THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: ADDITIONAL SCOPE AND BUDGET
ASSOCIATED WITH THE ADDITIONAL DESIGN FOR 1) PV ARRAY, 2) POPD RENOVATION, 3) COURT
COUNTER ADA AND 4) RECEPTION COUNTER ADA.
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$106,500.00
Included
$106,500.00
13-Oct-20
COUNCIL
Amendment #1
$394,676.00
Included
$394,676.00
09-Mar-21
COUNCIL
Amendment #2
$39,090.00
Included
$39,090.00
28-Sep-21
COUNCIL
Total Contract $540,266.00
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Consultant Approval Signature
Printed Name & Title
Public Works Director/City Engineer
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
U:\Staff Reports GS50-05A-13\2021\20210928\7G 04 RFM_COPO Amendment #2.doc
Page 1
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_ City of Port Orchard
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Agenda Staff Report
Agenda Item No.: Business Item 7H
Subject: Approval of Personnel Policy Update for COVID
Vaccination as a Condition of Employment
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Meeting Date: September 28, 2021
Prepared by: Debbie Lund
HR Manager
Atty Routing No.: 366922.0008 — HR
Atty Review Date: September 24, 2021
Summary: Due to the COVID-19 pandemic, the City has adopted a variety of policies and practices to ensure
the health and safety of our employees and ensure our ability to continue to offer vital services to our citizens.
These decisions have been made in response to the orders from the Governor's office and in consideration of
the guidance from the Centers for Disease Control and Prevention (CDC), Washington State Department of
Health and the Kitsap Public Health District.
As an additional measure to ensure that we can continue to provide services to our citizens and customers and
to protect the safety and health of our employees, our citizens and visitors to the City of Port Orchard it is in
the City's best interests to have as many employees vaccinated against the COVID-19 virus as possible. One
tool that the City has available to do so is the ability to determine the minimum qualifications for employment
with the City. In your packet, for your consideration, is a modification to City policy making the COVID-19
vaccination a requirement for new employees. This proposed policy would be effective with employment offers
beginning October 1, 2021.
Recommendation: Staff recommends the Council adopt a revision to Personnel Policy 2.4 "Eligibility for
Employment" to include a requirement that new employees provide proof of having received at least one dose
of the COVID-19 vaccination prior to employment and as a condition of continued employment receive the
second dose within 30 days of employment, unless they have applied for and received an exemption due to a
medical or religious reason.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to approve revised Personnel Policy 2.4 "Eligibility for Employment", as
presented to require new employees, effective October 1, 2021, to have received at least one dose of the
COVID-19 vaccination prior to employment and as a condition of employment receive the second dose within
30 days, unless they have an approved medical or religious exemption.
Fiscal Impact: None.
Alternatives: Do not approve the revised policy and provide alternative guidance.
Attachments: Proposed revised Personnel Policy 2.4.
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2.4 ELIGIBLITY FOR EMPLOYMENT
A. Employment Eligibility Verification
Federal law requires the City of Port Orchard to comply with the Immigration Reform and
Control Act of 1986 and related law. All new employees must complete an "I-9 Form"
and provide proof of their identity and eligibility to work in the United States. The City is
responsible for obtaining the 1-9 Form from each employee and verifying his/her eligibility
to work in the United States.
Employees will be expected to complete the I-9 Form during their first day of work. The
City will then properly complete the "Employer Section" of the I-9 Form. If a new
employee is unable to provide the necessary documentation within three working days
from the date of hire, he/she must provide proof that he/she has applied for the required
documents. If this is not provided, the employee will be terminated as required by law.
The I-9 Form will be retained for at least three years after the date of hire or one year after
the date of the individual's termination, whichever is later. Former employees who are
rehired must also complete the I-9 Form if they have not completed the Form with the City
within the past three (3) years, or if their previous I-9 Form is no longer retained or valid.
B. New Hire Vaccination Requirement
All persons newly hired for employment by the City must provide proof of having received
at least one dose of an approved COVID-19 vaccine prior to beginning their employment,
except for those who obtain an exception due to medical or religious reasons through the
reasonable accommodation process.
After receiving a conditional offer of employment from the City, an applicant for
employment must provide proof of having received at least one dose of an approved
COVID-19 vaccine within a reasonable period of time. Failure b. t�pplicant to provide
the agencyproof of having received at least one dose of an approved COVID-19
vaccine will result in the agency revoking the conditional offer unless the applicant obtains
an exception through the reasonable accommodation process.
Any person who begins their employment after providing proof of having received only
one dose in a 2-dose series of a COVID-19 vaccine, will also be required to provide the
City with proof of receipt of a second dose within 30 days of the first dose. Failure to do
so will result in termination.
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